Loading...
HomeMy WebLinkAboutReel 23 (12/26/1956 - 05/25/59)COUNCIL, REGULAR MEETING, Wednesday, December 26, 1956. The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Runlcfpal Building, Wednesday, December 26. 1956, et 2:00 o'clock, p. m** the regular meeting hour, mlth the President, Mr. Young, presiding. PRESENT: COO*CJI members Carter, Dillard, Pickett, Webber, Wheeler, and the President, NFo Young .................... 6. ABSENT: Hr. Davies .................. 1. OFFICERS PRESENT: Hr. Arthur S. Omens, City Homager, Mr. James N. Rincanon, Assistant City Attorney, Hr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATIOH: The meeting wes opened with a prayer by the Reverend Edward 1. Zfegler, Pastor of the Nilliamson Road Church of the Brethren. RINUTES: Copy of the minutes of the regular meeting held on Monday, Decembe 17, 1956. having been furnished each member of Council. upon motion of Hr.* Carter, seconded by Hr. Wheeler nnd adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented:a communication from Messrs. M. H. and E. B. Scott, requestin9 that their property located on the southwest corner of Bullitt Avenue and Ninth Street, S. E., be fez*ned from Special Residence District to Busines~ District. Mr. Carter moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. JOB CLASSIFICATION:Yhe City Clerk presented a communication from the City Auditor, advising that he made a request to the Job Classification Committee that the classification of the Assistant City Auditor be changed to a higher echelon, which request the committee denied, and that he is appealing the decision of the committee to Council, the City Auditor requesting that the classification of the Assistant City Auditor be changed from Group I¥ of the,COTS section ~ Echelon III in the Managerial-Executive section and that the salary for the position be fixed at $600.00 per month, effective January 1, 1956. Mr. Webber, Chairman of the Job Classification Committee, advised that his committee on two occasions studied the classification~of the position of Assistant City Auditor along with other positions classified in the same groupings,and on the basis of the studies conducted by the committee, was unable to discover any error in the original.classification of the position in question nod, consequently, was forced todeny the reqoest;· ~ Mr. Carter moved to concur in the action of.the Job Classification Committe~ and deny the request of the City Auditor. The motion was seconded by Mr. Wheeler and adopted by the following vote: ..... .. - . AYES: Council members Carter, Pickett, Nebber, Wheeler, and the President, Mr. Young ....................... S, NAYS: Mr. Dillard ....... 1. (Mr. Davies absent) REPORTS OF OFFICEMS~ TSAFFIC: The City Manager reported that due to various complaints from residents in the nreu after the establishment of parking zones in the 700 and 800 blocks of Stewart Avenue, S. Eot. Uld on Eighth Street, S. E** between Tnzeuell Avenue mad Dale Avenue, ss reported to Council et its meeting of December 10, 1956, he made a further study and concluded that some possible change im the parking restrictions now+in.effect might he,needed, the City Manager~suggesting that Council either leave the matter to be handled administratively in the discretion of the City Manager or direct a 2ohour parking limit in the area. Mr. Carter moved to refer the matter back to the City Manager to be handled administratively,in his discretion. The motion was seconded by Mrs. PJchett and adopted. DDDG£T-SCHOOLS: Council ut its meeting of December 17, 1956, having referre to the City Manager for his recommendation a request of the Roanoke-City School Ooard for an appropriation of $11,983.50 to Textbooks under Section ~120, "Schools". of the 1956 budget, the City Manager reported that the School Board has collected that amount for the rental of textbooks which was not Included as revenue in Its budget estimate for the year and recommended that the appropriation be made. Mr. Carter moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u12943} AN ORDINANCE to amend and reordain Section ~120,="Scheols", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page Mr. Carter moved the adoption of the Ordinance. The motion mas seconded by Rt. Dillard and adopted by the follomiug vote: AYES: Council members Carter, Dillard, Pickett, #ebber, Mheeler, and the President, Mr. Young ....................... 6. NAYS: None ......................... O. (Hr. Davies absent) BUD6ET-SCH00LS: Council at its meeting of December 17, 1956, having referred to the City Manager for his recommendation a request of the Roanoke City School Board for certain transfers of funds in Its 1956 budget, the City Manager reported that he has investigated the matter and recommended that the request of the School Board be granted. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~12944) AN ORDINANCE to amend and reordaln Section ~120,.HSchools** of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see OrdinanceBooh No. 22, Page 36.) Mrs. Pickett moved the adoption Of the Ordinance. The motion was seconded by Mr. Robber and adopted by the following vote: AYES: Council members Carter, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young .................. NAYS: None-~ .................. O. (Mr. Davies absent) ARMORY:*The City Manager~reported that there is considerable.demand for use of the auditorium in the hem National Guard Armory and'presented a schedule or fees for the use of said.facility which he.recommended be adopted. Hr. Webber moved to concur in the recommendation.of the City Manager and offered the following emergency Ordinance: · (c12945) AN ORDINANCE,establishing a schedule of.rental charges for the use of the National Guard Armory; establishing~certnin rules end regulations for the use thereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page Mr. #ebber moved the adoption of the Ordinance. The motion was seconded by Hr. Mheeler and adopted by the following vote: AYES: Council members Carter, Dillard, Pickett, Webber, Mheeler, and the. President, Mr. Young ....................... 6. NAYS: None ......................... O. (Mr. Davies absent} PURCHASE OF PROPERTY~STREETS AND ALLEYS: The City Manager reported that he has reached an agreement for the purchase of property from the Kirk Estate on the north side of Salem Avenue, S. W., between Jefferson Street and First Street, said property being needed for the widening of said avenue, at a price of $15,000.00, plus an additional amount of $500.00 for release of the present leasehold on the property, uhich he recommended be,accepted. Mr. Dillard moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~12946) AN ORDINANCE authorizing and directing the acquisition by purchase of 455.65 square feetof land on the north side of Salem Avenue~ S. N., between Jefferson Street-and Isa Street, from the W. V. Kirk Estate; providing for the payment of the purchase price therefor andof the release of certain leasehold interests therein; and providing for,an emergency. (For full.text of Ordinance. see Ordinance Hook No. 22, Page Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Carter and adopted bythe following vote: AYES: Council members Carter, Dillard, Pickett, Webber, Mheeler, and the P~esident, Mr. ,Young .... ~ ............... NAYS: None ...................... O. (Mr. Davies absent) BUDGET-STREETS AND ALLEYS: The City Manager reported that the cost of property required .for .the widening.of Salem Avenue, on the north side, between Jefferson Street and First Street, S. N., has slightly overrun the original appropriation and it will be necessary to appropriate $10,000.00 to the Improvement Fund to ,replace that deficit in order .thatthe improvements might be accomplished, which he recommended. Mr. Carter moved to concur in the recommendation of the City Manager and offered the followln9 emergency Ordinance: , -~ · (t12947) AN ORDINANCE amending the 1956 Appropriation Ordinance .of the City of Roanoke by appropriating $10,000.00 to Account No. 142, Street Improvement Salem Avenue Project, to provide for the purchase of certain land; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 40,) Mr, Carter ioved the odoptiooof the Ordinance, The motion uss seconded by Mr. Dillard and adopted by.the foil,wing vote: AYES: Council members Cnrtert Dillard, Pickett° Mebber, Mbeeler, and the President, Mr. Young ................. 6. NAYS: None ................... O. (Mr. Dories absent) GRADE CROSSINGS: The City Manager reported that daring the month of July, 1956, he authorized the use of high early strength concrete on construction work at the intersection of Jefferson Street and Salem Avenue lo connection with the construction of.the.Jefferson Street Grade Crossing Elimination Viaduct project in order to make the intersection available for trnrfie in forty=eight hours instead of twenty-one days and that an additional cost of $87.50 has accrued to the City of Roanoke,for this reason which the.City Auditor has refused to.pay, the City Manager recommending that authority he granted to pay this cost. Hr. Webber moved to concur in the recommendation of the City Manager and to. direct the City Auditor to pay the an,ant of $87.30 as recommended by the City Ranager, said amount to be charged to the Street Construction appropriation in the 1956 budget. The motion was seconded by Rr. Rheeler and adopted. REPORTS OF CORRITTEES: SEWAGE DISPOSAL: The Semage Committee consisting of Ressrs. Roy L. Webber, Chairman, Walter L. Young, Arthur S. Owens and Randolph G. Whittle reported that the Town of Salem has objected to the wording used in Resolution No. 12~21, adopted by the Council of the City of Roanoke on August 27, 1956, amending the contract of October 16, 1953, between the City of Roanoke and the Town of Salem, dealing with the treatment of domestic and commercial wastes, by adding thereto Area C, lying in the county to the west of Salem, wherein it is provided that a fifty per cent greater charge than those provided for in the contract shall apply to the area, which additional charge shall continue to be due and payable even though all, or ,any part. of the area may subsequently be annexed to or bec,ne a part of the Town of Salem. the committee stating that it has studied the matter and recommending the repeal of Resolution No. 12821 and the adoption of a new Resolution which it ~had prepared, removing the objection of the Toms of Salem. Mr. Carter moved to concur in the recommendation of the committee and offered the following Resolution: (~12948} A RESOLUTION repealing Resolution No. 12021. {For full text of Resolution, see Resolution Book No. 22, Page 41.) Mr. Carter moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AVES: Council members Carter. Dillard. Pickett. Webber, Wheeler, and the President. Re. Young .................... 6. NAYS: None ...................... O. (Re. Davies absent) Rr. Webber then offered the following Resolution amending the contract of October 16, 1953: ~(a12949) A'RESOLUTION amending th~ cootract'of.O~tobe~ 16', 1953, betmeen the!City of RoanOke 'end the'Tomn'or~Salewdeallng with'the treatuentof domestic and commercial wastes** · (For full text of Resolutiont'see Resolution HOok No; 22, Page 41.) NF. Webber moved the adoption of the Resolution. 'The motion mas seconded by Mr. Wheeler and adopted by the following'vote: AY£S~ Council members Cnrterb Dlllard~ Pickett, Webber, Nheeler, and the NAYS: None ......... ~--~--~ ..... O. (Hr; D~vles absent) AIRPORT: The Airport Committee consisting of Ressrs. ROy L. Webber, Chalrma at the Roanoke Runicipal Airport, which it recommended be adopted. Council. The notion was seconded by N~.Webber and adopted. UNFINISHED BUSINESS: r' ;, r . ZONING: Council at its meeting of December 3. 1956. having referred to tko Standard Oil Company.that its property lying on the southerly side of.Hrnndon Avenue. S. W. 0 ad~oining the corpornte line at NudLtck Creek. be rezonedfrom Uoulevard~ to a.deptb of approximately ISO feet, iswore suitable for business Standard Oil Co,puny'has offered to dedicate for ibm widening of Rrandon Avenue tko widening of Brnndon Avenue~nnd the opening of.Beverley Boulevard ns planned and the release'by the city'of on~ existing rigbtsof way through the remaining CONSIBERATION~OF CLAINS: NONE. INTRODUCTIONANO CONSIDERATIONOF ORDINANCES ANDRESOLUTIONS: · ' STREETSAND ALLEYS: Ordfnnnce No. 12932, vacating, discontinuing and closio~ a.certain mapped, but undeveloped, alley running throhgh~Section 2~ according to the Nap OflGra7 ~ad Bosmell,.Crozier Addition, mhlch alley extends eastwardly iron Thirteenth Streete N.~E** between Gregory Avenue and NcDouell Avenue, to a dead-end ut the Nelson Hardmare Company property, being approximately 334.65 feet iu length, having previously.bees before Council rot its~first reading, read and laid over, was again before the body. Hr. A. T. Loyd, Attorney rot Hr. Abram J. Novick, the petitioner Il the matter~ appeared be(ore Council and advised that In the first ordaining paragraph of the Ordinance provision bas been made for retaining unto the city a public easement in the alley for sewer lines and water mains and the right of ingress and egress for the maintenance, repair and construction of any property now or herearte used rot such eu~(.ment, Hr. L,id requesting that the Ordinance beamended to provide for reser;ing to the city u public easement in the said alley rot existing sewer lines and water mains and the right of ingress and egress for the maintenance and repair of any existing sewer lines and water mains, Hr. Loyd explaining that his client intends to build a structure over the alley when closed and that the retaining of an easement for future construction would prohibit him from doing so. Hr. Dillard moved to amend the Ordinance as requested. The motion was seconded by Nr. Carter and adopted by the following vote: AYES: Council members Carter, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young .................... NAYS: None ...................... 0. (Mr. Davies absent) Mr. Carter then offered the following Ordinance, as amended, for its second reading and final adoption: (n12932) AN ORDINANCE vacating, discontinuing and closing a certain mapped. but undeveloped, alley running through Section 2, according to the Hap of Gray and D.swell, Crozier Addition, which nap of Gray and Boswell is recorded in Deed Book 173, page 153, in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, which alley extends eastwardly from 13th Street, N. between Gregory Avenue, N. E., and NcDowell Avenue, N. E** to a dead-end at the Nelson Hardware Company property, being approximately 334.65 feet in length. (For full text of Ordinance, see Ordinance Book No. 22, Page 32.) Rt. Carter moved the adoption of the Ordinance. The motion was seconded b7 Rt. Dillard and adopted by the following vote: AYES: Council members Carter, Dillard, Pickett, Webber, Wheeler, and the President, HF. ,Young ...... ~ ..... ~ ...... NAYS: None ...................... Q. (Hr. Davies absent) STREETS AND ALLEYS: Ordinanc~ No. 12934, authorizing the erection of a temporary walkway and pylon sign to extend over a certain setback line heretofore established on the west side of Nllliamson Road, N. E., having previously been before Council for its first reading, read and laid over, Was again before the body, Wt. Wheeler offering the following for its second reading and final adoption:~. (u12934) AN ORDINANCE authorizing the erection of a temporary walkway andpylon sign to extend over n certain setback line heretofore e~tablished on the mesa,side of Mllllamson Eoad, N. E., over property heretofore knoma os the easterly part or Lot No. 30?0316,~according to tke City*s Tax Appraisal Hap, inter alia, subject to certain terms amd conditions, ~ (For full.text of Ordinoaceo see Ordinance Dook No. 22, Page 34.) , Mr; Uheeler moved the adoption or the Ordinance, The motion was seconded by Mrs. Pickett and,adopted by,the follouing vote:.· AYES: Council members Carter, Dillard, Pickett, Nebber, Nheeler, nad the President, Hr. Young .................... 6. NAYS: None ...................... O, (Hr. Davies absent) MOTIONS AND MISCELLANEOUS BUSINESS: STADIUM ADVISORY.COMMITTEE: The Mayor stated that it is customary to appoln the President of the Roanoke Touchdown Club as a member of the Stadium Advisory Committee for a term of one yeor. Mr. Nheeler moved to appoint Mr. George D. Jennings, President of the Roanoke Touchdown Club, as a member of the Stadium Advisory Committee for a period of one year beginning January 1, 1957. The motion was seconded by Mr. Carter and adopted. There being no further business, Council adjourned. A P P R O V E D . · President .COURCIL, REGULAR MEETIRG, Monday, December 31o 1956. The Couucll,~r the City of Roanoke met,in regular meeting It the Council Chamber in the Municipal Building, Monday, December 31, 1955, ut 2:00 o'clock, p. m., the regular meeting hour, with the President, Mr. Young, presiding. i~£SENT: Council members Carter, Dillard, Pickett, Wheeler, cad the: President, Mr. Young .......................... 5, AOSENT: Messrs. Davies nnd Webber ..... 2. OFFICERS PR£SENT: Mr. Arthur S. Owens, City Manager, Mr. James N. Miuccuon~ Assistant City Attorney, Mr. Barry R. Yateso City Auditor, and Mr. J. Robert Thomas, City Clerk. IRVOCATION: The meeting mas opened with a prayer by the Beverecd Jacob J. M. Striae, Pastor of the Melrose Avenue Christian Church. BEARIRG OF CITIZENS GPON PUBLIC MATTERS: LEGISLATION-CITY CHARTER: State Senator Earl A. Fitzpatrick appeared befor~ Council and advised that the Virginia Advisory Legislative Council has scheduled a public hearing for 11:00 o'clock, a. m., January lB, INS?, in the Senate Chamber, State Capitol, Richmond, Virginia, on the question of establishing uniform charters for cities and towns in the Commonwealth, pursuant to a joint Resolution of the General Assembly passed in March, 1956, Senator Fitzpatrick suggesting that Council might desire to have representatives at the hearing, stating that in his opinion the Charter of the City of Roanoke is a good one and that under a uniform charter the city might lose some of its powers, that many of the provisions of the city"s present charter have been sustained by the Supreme Court of Appeals in upholding the pomers of the City of Roanoke. Mr. Wheeler moved to record Council's opposition to the establishment of uniform charters for the cities and towns in Virginia, to appoint Messrs. W. B. Carter. Benton O. Dillard and the City Attorney as representatives of the Council of the City of Roanoke to appear before the hearing of the Virginia Advisory Legislative Council with instructions to oppose any such proposal and to request the representatives from the City of Roanoke to the General Assembly of Virginia to oppose the adoption of a uniform charter for cities and towns in Virginia, thereby changing the form of the present Charter of the City of Roanoke. The motion was seconded by Mrs. Pickett and adopted. Mr. Carter then moved to advise the League of Virginia Municipalities of th recorded opposition of the Council of the City of Roanoke to the proposal to establish uniform charters for cities and towns in Virginia and to request the League to support this opposition. The motion was seconded by Mr. Dillard end adopted. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY PLANNING COMMISSION: The City Manager reported the appointment of Messrs. Harold W. Hill and James Breakell to the City Planning Commission for terms of four years each beginning January 1, 1957, The report was filed. ODDGEToACADEMY OF MUSIC-MATER DEPARTMENT: The City Mausger reported thut the appropriation as contained in the 1956 budget for real estate appraisals is insufficient and requested that tn additional appropriation of $50.00 be made to that account. Mr. Carter moved to concur in the request of the City Manager and offered the follomlug emergency Ordinance: (z12950) AN ORDINANCE to amend and reordaln Section aD?, "Maintenance of City Property", of the 1956 Appropriation Ordinance, and providing rot un emergency. (For full text of Ordinance, see Ordinance Oook No. UR, Page 43.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Council members Carter, Dillard, Pickett, Mheeler, and the President, Mr, Young ........... ~ ................... 5. NAYS: None ...................... O. (Messrs. Davies and Mebber absent} AIRPORT: The City Manager reported that he has secured appraisals of various properties needed for the "Doolittle Zone" at the southmest end of the northeast-southwest runway of the Roanoke Municipal Airport and recommended the adoption of an Ordinance authorizing him to make offers for the various parcels of land required and authorizing condemnationif his negotiations should fail. Mr. Dillard moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Carter and adopted. RADIOS-PARKS AND PLAYGROUNDS: The City Manager reported that the Times-Morl Corporation has removed its television operations from the top of Mill Mountain and has offered to rent to the City of Roanoke its broadcasting tower located on Mill Mountain at a rental of $10.00 per annum under certain terms and conditions, the City Manager advising that the tower would be used to mount antennas for the city*s radio communicationsand recommending that the offer be accepted. Mr. #heeler moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=12951) AN ORDINANCE authorizing the.lense of a certain radio broadcastin tower owned by Tlmes-Norld Corporat'ion on Mill Mountain, upon certain terms and conditions; and providing for an emergency.: .... · (For.full text of Ordinance. see Ordinance Book No. 22. Page d4.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Carter. Dillard. Pickett, Mheeler, and the President Mr. Young ....... NAYS: NONE ...... O. (Messrs. Davies and Nebber absent) OUDGE?-ELECYIONS: The CityManager recommended a transfer of $28.00 from Compensation. Judges and Clerks to Salary; Extra Employees in the Electoral Board account of the 1956 budget. Mr..Cartermoved:to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (a12~52) AN ORDINANCE to amend sad reordsiu Section a132, WElectoral Board*, of the 1956 Appropriation Ordinance, sad providing rot un emergency, (For fall text or Ordinance, see Ordinance Rook No, 22, Page 45,) Mr. Carter moved the adoption of the Ordinntce. The motion wes seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Carter, Dillard, Pickett, Nheeler, and the President, Mr. Young ................ 5. NAYS: None .................. O. (Messrs. Davies and Webber absent} CITY JAIL: The City Manager submitted a report, stating that there is a need for sabstantial improvements in the City Jail, as previously brought to the attention of Council by him,and also by reports of the State Department of Welfare and Institutions, and recommended that a committee be appointed to make a survey of the needed improvements and to submit its report and recommendations thereon to Council. Mr, Carter moved to concur in the recomueedation of the City Manager and that a committee be appointed by the Mayor as requested, said committee to include Mayor Young. The motion was seconded by Mr. Dillard and adopted. The Mayor then appointed a committee composed of Messrs. Herbert A. Davies, Chairman, Maimer L. Young, R. Cletus Broyles and Arthur S. Omens for the purpose of surveying the City Jail and submitting its report on needed improvements and its recommendations in connection therewith. STREETS AND ALLEYS: The City Manager reported that the Nelson Hardmare Company has offered to donate to the city necessary land for the extension of Rhodes Avenue, N. E., between Ninth Street and Eleventh Street, provided the city will grade said avenue and place stone base and asphalt thereon, the City Manager recommending the acceptance Of the offer. The City Manager further presented a report of the City Planning CommJsstoq advising that it has studied the offer of the Nelson Hardware Company and approves the proposal. After some discussion of the matter, the City Manager advised that the Nelson Hardware Company would agree to dedicate Sufficient land for the extension of Rhodes Avenue from a point approximately 451 feet east of Eleventh Street to Orange Avenue, said avenue to be sixty feet in width throughout and to be graded and base stone applied over the extension from east of Eleventh Street to Orange Avenue by the Nelson Hardware Company. Mr. Carter moved to direct the City Attorney to prepare un Ordiaacce providing for the acceptance of the offer of the Nelson Hardmare Company as submitted, provided the said Nelson Hardware Company will also donate to the city land for the extension of Rhodes Avenue, N. E., from its present termination east of Eleventh Street to Orange Avenue, as shown on a preliminary map of the proposed extension of Rhodes Avenue through the property of the Nelson Hardware Company prepared by Mr. David Dick under date of December R, 1956, the said Nelson Hardware Company to grade and place stone base on said extension east Of Eleventh Street. The motion was seconded by Hr. Dillard and adopted. ' COMMISSIONER OF RRV£NUE~CITY TREASURER: TheCIty-Manager presented · pla· rot alterations and fmproveme·ts iu the~orflces or'the Commissioner of the Revenue and the City Treasurer as prepared by the office, of the City Engineer and approved by both the Commissioner or the Revenue and the City Treasurer, which plan the Cia #monger advised would cost approximately $10,000.00 and which he recommended be approved. Hr, Dillard moved to approve the plan an s~mitted by the City'Raaager, The motion was seco·ded by Mr. Carter and adopted, REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: AIRPORT: Council at its meeting of December 26, 1956, having tabled until its next regular meeting a report Of a committee consisting of Messrs. Roy Rubber, Chairman, Arthur S. Owens and Barry R. Yates, recommending the adoption of an Ordinance amending the schedule of rates and charges and policies for the use and operation of the Roanoke Runicipal Airport, the matter was agal· before the body. MFS. Pickett moved to concur in the recommendation of the committee and offered the following emergency Ordinance: (z12953) AN ORDINANCE to amend and reordain Ordinance No. 11709, adopted on the 9th day of February, 1953, as amended by Ordinance No. 127gl, adopted on the 30th day of July, 1955, establishing a schedule of rates and charges and fixing certain policies for the use end operation of Roanoke Municipal Airport (Noodrum Field), the same to become effective on and after January 1, 1957; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Council members Carter, Dillard, Pickett, Mheeler, and the President Mr. Young .......................... 'NAYS: None .................O. (Messrs. Davies and #ebber absent) CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET: The Mayor stated that the 1957 budget not having been adopted it will be necessary to provide for payment of necessary expenditures pending the adoption of said budget; whereupon, Hr. Carter offered the following emergency Ordinance: (~12954) AN ORDINANCE providing for the payme·t of necessary expenditures for the operatio· of the Runicipal Government until the 1957 A·nual Appropriation Ordinance is adopted and becomes effective; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 46.) Mr. Carter moved the adoption of tie Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Carter, Dillard, Pickett, Mheeler, and the President Mr. Young~ ....................... 5. (Nessrs, Davies and Nebber absent) NAYS: None ......... ~ ............. O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned, APPROVED COUNCIL, REGULAR MEETING, Monday, January ?, 1957. The Council of the City or Roanoke met la regular meeting 11 the ~ouncil Chamber in the Municipal Building, Monday, January ?, 1957, at 2:00 o'clock, p. the regular meeting boar, with the President, Mr.. Young, presiding. PRESENT: Council members Carter, Davies, Dillard, Pickett, Webber, Mheeler. and the President, Mr. Young ..................... 7. ABSENT: None .......................... ~--0. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. James N. Kincanon Assistant City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Charles E. Crank, Jr** Pastor of the First Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Mednesday, December 26, 1956, having been furnished each member of Council, upon motion of Mr. Mheeler, seconded by Mr. Davies and adopted, the reading was dispensed math and the minutes approved as recorded. SEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CENSUS: Council at its meeting of December 3, 195~, having concurred in a request of the City Manager that he be authorized to ascertain the cost of an interim census to be taken during 1957 for the purpose of determining the population of the City of Roanohe at that time, which the City Manager estimated to be in excess of 100,000, he reported that the United States~Uureau of the Census has estimated that a special census of Roanoke would cost approximately $16,550.00, the City Manager advising further that he has made several surveys, all of which indicate that the city now has a population of approxlmately persons. = , Mr. Henry E. Thomas, President of the Roanoke Chamber of Commerce, appeared and presented a petition of the Chamber, requesting City Council to authorize the City Manager to take the steps necessary to have a special census taken of the City of Roanoke by the United States Census Bureau. Appearing ~n support of the petition, were Mr. A. S. Rachal, Jr., Executive Director of the Roanoke Chamber of Commerce; Mr. Shields ~ohnsono President of Roanoke Diamond Jubilee, Incorporated; Mr. M. M. Armistead, IIX, President of the Tlmes-Morld Corporation; Mr. James H. Moore, Vice President of MSLS Radio-TV Stations, and representing the Roanoke Merchants Assoctation;.Mr. N. M. Pugh, Jr** President of the Roanoke Merchants Association; Mr. John D. Martin, Executive Secretary of the Roanoke Sales Executives Club; Mr. Frank E. Koehler, representing the Roanoke Advertising Club;.Mr. John S. McDonald, Secretary of the Roanoke Lions Club; Mr. Aylett B. Coleman, representing the Roanoke Real Estate Board; and Mr.~Davies B.,Elliot, representing the Roanoke Chamber of. Commerce. The City Cler~ presented a communication from Mr. Eugene G, White, Jr** 164 Hnrst Avenue, N. E**~ opposing the use of public funds for a special census, Mr. Webber moved to table the minter for coeslderntion along mltb the Budget Ordinance. The motion mas seconded by mr. Mheeler end adopted, REPORTS: The Clty Manager presented a report of the Deportment of Public Melrere rot the month of November, 1956e smd reported other departmental reports on file In his office, The report mas filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: HOUSING AUTUORITT-PLANNING: Council at its meeting of August 13, 1956, bari referred to the City Planning Commission for study and recommendation a reqoest of the City of Roanoke Redevelopment and Housing Authority that Council adopt a Resolution to request the House Home Finance Administrator of the United States to reserve $25,000,000.00 of capital grant fnnds, and to authorize the Roanoke Redevelopment and Housing Authority to make application to the said Administrator for planning funds in the amount of $250,000.00 for the planning of a Redevelopment Program to cover approximately 1,500 acres in the central part of the city, the City Planning Commission reported that it has given considerable thought to the subject, and that the proposal is of great magnitude and involves problems the solution of which maT have far-reaching effects upon the community; therefore, the Commission is hesitant to make a definite report without more mature study of the many weighty involvements presented, the Commission stating further that it would like to see more clearly the outcome of the present Commonwealth Redevelopment Project now nnderway since this may be some guide and otherwise helpful in ' determining the city's coorse in respect to the much larger project; consequently, the Commission would delay submitting its recommendations to a later date unless othermlse directed by Council. In this connection, Mr. Richard L. Beck, Executive Director of the City of Roanoke Redevelopment and Housing Authority, appeared before Conncil and stated that it mas not the Aathority*s intent to incur any obligation on the part of the city for the $25,000,000.00 fund it hoped mould be allocated, but that the Aothorlty felt it should be authorized to obtain the funds necessary to prepare a plan for the project which could then be submitted to Coancil for its approval prior to any obligation being incurred toward the proposed Redevelopment Program. Mr. Beck was informed that Council mas aware of the intent of the Authority which mas made perfectly clear in its request to Council. lo reply to a question from Mr.. Mebber, Mr. Beck advised that progress on the Commonwealth Redevelopment Project is proceeding about on schedule as anticipated and that the Authority hopes it will be completed by the end of the year 1957, that certain items in the plan of the project which require approval of Council will be presented to the body Jn the near future, Mr. Dec~ advising further that certain portions of the plan are being coordinated with the city*s Engineering Department and the City Manager and that some of the construction contracts cannot be put out rot bid until all of the condemnation proceediags for acquit, iRc land ia the project are completed, but that he is keeping the City Manager, currently advised Da all aspects of the project Mr. Carter, moved to concur IR the report of the City Planning Commiscioa. The motion mas seconded by Mr. Davies.and adopted. CONSIDERATION OF CLAIMS:, NONE. , ,~ ~ . INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Council at its meeting of December 31, 1956, baying tabled for couslder~iou at its next regular meeting a recommendation of the City Ranager that the body authorize the purchase or various lands needed for establishing the 'Doolittle Zone" at the southwest end of the northeast-southwest runway at the Roanoke Municipal Airport, the matter was again before the body; mb,r,upon, Mr, Webber offered the following emergency Ordinance: (nlRgSS) AN ORDINANCE directing and providing for .the acquisition of certain lacds for municipal airport purposes: appropriating $79,741.00 to provide for the purchase thereof: and providing for an emergency. (For full text of Ordinance, see Ordinance Uook No. 22, Page Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ..................... 7. NAYS: None ............................... O. STREETS AND ALLI~YS: Council at its meeting of December 31, 1956, having directed the preparation of an Ordinance providing for the acceptance of an offer of the .Nelson Uardmare~ Company to deed to the city certain lands needed for the extension of Rhodes Avenue, N. E., under certain terms and conditions, Mr. Carter moved that the following Ordinance be placed upon its first reading: (~12956) AN ORDINANCE providing for the acquisition of certain land to be used for the extension of Rhodes Avenue, N. E., so as to connect with ~th Str.eet,.N. E., and Orange Avenue, N. ~., upon certain terms and provisions: and authorizing and directing the City Manager to construct certain street improvements over said land. MUEREAS, the City Planning Commission .has recommended that RhodesAvenue, N. E., be extended and improved so as to provide a street connect, lng ~th Street, N. E., and Orange Avenue, N. E.; and RREREAS, Nelson Hardware Company has offered to convey to the City the land necessary to effect such extension and has offered to grade and place stone on the easterly and northerlyportlon of said new.street provided the City will and pave the westerly portion of said new street and .mill. pave the easterly and northerly portions, above~me~tJoned, after the initial grading and stoning by said grantor · TDEREFORE,.BE IT ORDAINED by the Council of the City of Roanoke that the offer of Nelson Hardware Company to donate and convey to the City a strip of land 60 feet In width and approximately 60~ feet in length extending easterly from Otb Street, N. E., to connect with the present westerly end of Rhodes Avenue, 16 N. E., ut llth Street nnd, also, convey a strip of laid 60 feet in width extending approximately 684.7 feet easterly from the present east end of Rhodes Avenue, N. E** and thence northwesterly along the west side or Tinker Creek so as to couuec~ with Orange Avenue, N. E** all ns shown upon u certain Prelimiusry Rap of Proposed Extensions of Rhodes Avenue, N. E.. Through Property of Nelson Hardware CoIplly. prepared by David Dick, State Elgiueer uud Surveyor, under date of December fi, 1956, revised December 14. 1956, upol the following terms and conditions, namely: a. That the City of Roanoke mill grade and pave and complete as a public street the aforesaid 60-foot strip of land extending between 9th Street, N. E** and llth Street, N. E.; b. That Nelson Hardware Company mill grade tad place the necessary stone on the aforesaid strip of land extending easterly and northerly from the present east end of Rhodes Avenue, N. to Orange Avenue, N. E.. in a manner approved by the Director of Public lorks and. thereafter, the City of Roanoke will pave and complete as a public street the aforesaid connection between Rhodes Avenue. N. E.. and Orange Avenue. N. E.. he, and the same is hereby, accepted. BE IT FURTHER ORDAINED that. upon conveyance by Nelson Hardware Company to the City of the fee simple title to the two strips of land herelnabove described, subject only to such railroad siding rights of way or easements as may presently exist over said property, by deed upon such form as is approved by the Cji! Attorney. the City Rauager be. and he is hereby, authorized end directed to proceed to carry out the City*s commitments to Nelson Hardware Company. as aforesaid, the same to be completed. If possible, on or before July 1. charging the cost of said Improvements to funds heretofore or hereafter approprtate~ for Street Construction. BE IT FURTHER ORDAINED that, upon conveyance of the aforesaid strips of land to the City and upon completion of the improvements hereinabove provided, the said land shall be and become a portion of the public street system of the City, to be known as Rhodes Avenue, N. E. The motion was seconded by Hr. #heeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Rubber, Rheeler, and the President, Mr. Young ..................... 7. NAYS: None ............................... MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-RECREATION DEPARTMENT: Mrs. Lois S. Hanger and HFS. Ethel D. Beheler employees of the Recreation Department at Jackson Park Recreation Center and Garden City Recreation Center, respectively, appeared before Council and presented a communication from the Southeast Senior Council. requestin9 that the two employees be removed from a part-time basis to a full-time basis as Community Center Leaders, It being stated in the communication that both employees are working in excess of full-time requirements. The City Manager stated that the Director of Parks and Becreatiol requested the establishment.of Community Center Lenders ga a rail-time basis ct both of the centers Involved but that he did not recommend approval of, the request. Mr. Webber moved to refer the matter to the City Maooger rot study and recommendation. .The motion .wes seconded by Mt. Wheeler cid adopted. JOB CLASSXFICATION: Mr. Webber, Chairman of the Job Classification Connitte stated that a misinterpretation of the Job Classification and Pul Schedule Plan has been made adnlnistratlvely, mhich denies employees who have not been recommended for an increase at the end of their first six months of employment any consideration for reexamination and wage increase until the lapse of a second six months, said interpretation being coetraFy to the committeets intent in presenting the plan to Council, Mr. Webber recommending the adoption of a Resolution to clarify the situation. Mr. Carter moved to concur in the recommendation of the committee and offered thai. Il,wing Resolution: (u12957) A RESOLUTION making certain changes in the Job classification and pay schedule plan adopted by Resolution No. 12812. (For full text of Resolution, see Resolution Book No. 22, Page 51.) Mr. Carter moved theadoption Of the Resolution. The motion was seconded by Mr. Davies andadopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the. President, Mr. Young-. ......... . ........ 7. NAYS: None ............................ O. BUDGET: Council having considered the City Manager's proposed budget for the operation of the city government for t~ year 1957 at various bndget study sessions, Mr. Dillard pointed out that the budget for the School Ooard, taking nearly half of the total budget appropriations, is inclndedin the budget in snmmary onlyb and moved to inclnde in the Budget Ordinance the School Board*s budgeted expenditures In detail as other departments ore included& The motion nas secondedby Mr. Carter and adopted. ~ Mr. Carter then stated that the General Fund revenue estimate of $12,070,317.00 requires only $357,964.70 from the cash balance in the General Fund to balance the 1957 General Fuod Budget a~d offered the f,Il,ming emergency Ordinance: (UlR959} AN ORDXNANCE making appropriations from the General Fond of the City of Roanoke for the.fiscal year*beginning January 1, 1957, and ending December 31, 1957; aud declurlng the existence of an emergency. (For full text of Ordinnnce, see Ordinance Book No. 22, Page 51.} Mr. Carter moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ..................... 7. NAYS: None ............................... O. Mr. Carter then offered the following emergency Ordinance making appropriations for operntioa of the liter Department for the Fear 1957: (ai2959) AN ORDINANCE making appropriations from the ~ater General Fund and the Nater Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1957, and ending December 31, 1957; and declaring the existence of un emergency. (For full text of Ordinance, see Ordinance Rook We, 22, Page ?1.) Hr. Carter moved the adoption of the Ordinance. The motion was seconded by Hr. Davies and adopted by the following vote: AYES: Council members Carter, Davies° Dillard, Pickett, Webber, Nheeler, and the Fresident, Hr. Young ................... ?. WAYS: None ............................. O. Hr. Carter then offered the following emergency Ordinance making appropriations for operation of the Sewage Treatment Plant for the year 1957: (n12960) AN ORDINAWCE making appropriations from the Sewage Treatment General Fund and the Seuage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1957, and ending December 31, lg$?; and declaring the existence of an emergency. (For full text of Ordiu.~ce, see Ordinance Book No. 22, Page 74.) Hr. Carter moved the adoption of the Ordinance. The notion was seconded by Hr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Hr. Young .................... ?. NAYS: None .............................. O. Mr. Carter then stated that no funds had been included in the budget adopted f~r the year 1957 to provide for a special census of the city, uhJch mattel was tabled earlier during the ne.ting for further consideration along with the 1957 budget, and moved to adopt a Resolution agreeing to authorize a special census of the city to be taken during 1957, provided that business interests in the city pay one-half of the cost of the census, said cost being estimated at $16,550.00. The motion was seconded by Hr. Dillard and the Resolution lost by the following vote: AYES: Council members Carter, Dillard and Pickett .............. 3. NAYS: Council members Davies, ~ebber, Nheeler, and the President, Mr. Young ....................... 4. There being uo further business, Council adjourned. APPROVED CODNCIL, REGULAR MEETING. Monday, January 14, 1957. The Council o! the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, January 14, 1957, at 2:00 **clock. p. m.. the regular meeting hour. with the President, Mr. Young, presiding. PRESEBT: Council members Carter, Davies, Dillard, Pickett. Mebber, Mheeler and the President, Mr. Young ....................... 7. ADSENT: None ............................... O. OFFICERS PRESENT: Mr. Barry R. Yates, City Auditor and ACting City Manager, Mr. James N. Kincanon, Assistant City Attorney, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened mith a prayer by Dr. Made H. Bryant, Paster of First Baptist Church. MINUTES: Copies of the minutes of the regular meetinss held on Monday, December 31, 1956, and Monday, January 7, 1957, having been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Mr. Mheeler and adopted, the reading was dispensed with and the minutes approved ns recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONIBS: A public hearing having been set for 2:00 o'clock, p. m., January 14, 1957, on the request of Mrs. Eleanor Merrlcks, Mrs. Annie Jones and Mrs. F. E. Fer§uson that their properties located on the northerly side of Memorial Avenue, S. M., between Cambridge Avenue and Decniston Avenue, designated as Official Tax Nos. 1330117, 1330118 end 1330134, be rezooed from Special Residence District to Business District, and notice of the hearing having been published in The Rounohe Morld-News on December 38, 1956, and the City Planning Commission having previously recommended that the request be denied, the hearing mas held. Mr. Ben M. Richardson, Attorney for the petitioners, appeared and stated that his clients feel the rezoning of the property as requested should be granted in view of the fact that business is already located directly across the street from the property and the heavy traffic on Memorial Avenue makes the property facing thereon.undesirable as residential property. Dr. R. R, Rudolph, a resident of the area, appeared and presented a petitio bearing fifty-eight signatures of property owners in the immediate neighborhood, opposing the requested rezoning on the basis that it would decrease the value of the adjacent residential property, that the property for which rezoning is requested is in the immediate vicinity of'an elementary schooland is already · zoned us Special Residence which permits limited business and professional type activities thereon, that there is no need for additional business on the north side of Memorial Avenue and that there is coctlnued interest in ~the area as a residential neighborhood. ~ Mr. Tom Stockton Fox, Attorney for Mr. Barry E, Stockton, u resident and property omaer in the immediate area, appeared and advised that his client is neutral, but 'feels that the property must eventually be used for business. 20'. ? mrs. Pickett moved to concur In the recommendation of the City PlumBing Commission and deny the request rot rezonlng. The motiot mss seconded by Br. Dillard and adopted. PETITIONS AND COHRONICATIONS: CENSUS: The City Clerk presented a communication from Mr. fl. F. Stoke, 1436 Watts Avenue, N, W,, opposing the taking of a special census in the city and commending Council on its previous action in denying the request for suck a census to be paid rot from public funds. The communication was filed. STREET LIGHTS: The City Clerk presented a communication from the Appalachia Electric Power Company, reporting the installation of six 2500 lumen, one 6000 lumen and two 21000 lumen street lights in the city during the month of December, 1956. The communication was filed. TRAFFIC: The City Clerk presented a petition from residents of Airport Road, ~. W., who reside in the city, requesting that Council Initiate action to have the speed limit on the state highway running in front of their properties reduced from fifty-five miles per hour to thirty miles per hour. pointing out that the area is a fairly congested residential section and the present speed limit is dangerous for the children. Mr. Mebber moved to refer the petition to the City Manager for study and recommendation. The motion was seconded by Mr. Nheeler and adopted. PENSXONS: The City Clerk presented a communication from the Hoard of Truste~ of the Employees' Retirement System of the City of Roanoke, advising that at the request of the City Manager the Hoard made a study of the question of raising the compulsory retirement age for members of the system from sixty-five years to seventy years and that at its meeting of January 3, 1957, the Hoard, after consideration of the overall benefits, unanimously recommended that there be no change in the compulsory age limit for retirement. Mr. Carter moved to concur in the recommendation of the Hoard of Trustees of the Employees* Retirement System. The motion mas seconded by Mr. Davies and adopted. SIDEWALKS: The City Clerk presented a communication from the Wayne-Wilhins Corporation, requesting that Council immediately approve the installation of 6-foot sidewalks on Wayne Street and Milkins Street, approximately 400 lineal feet, in front of buildings constructed by the said corporation for Peoples Drug Store and Rose*s S and 10t Store, the city to hear one-half of the cost of the sidewalks. Mr. Carter moved to refer the request to the City Manager as an administra- tive matter. The motion was seconded by Mr. Davies and adopted, Mr. Dillard voting no. SXDEMALKS:. The City Clerk presented a communication from Sears, Roebuck and Company, requesting that Council approve the prompt completion of sidewalks on the south side of Wayne Street, N. £., and on the east and west sides of Wllkins Street, N. E., abutting the uew Sears, Roebuck and Company Store, totaling ,, opproxlmitely, l,SO0 lineal feet, the'city to bear one=half of the cost of the , sidewalks. · Mr. C,.E. Hunter, Attorney for Sears, Roebuck and Company, appeared before Council, stating that Sears, Roebuck and Company officials, on the basis of talks with the City Ranager and several members of Council, as mell as the Engineering Department of the city, during the period when Itt plans were being made for the erection of its new store ia Roanoke, believed that the city agreed it mould construct sidewalhs on the streets adjacent to the new store in time for the opening thereof~ Mr. Hunter stating further that he has in the last few days talked to the City Ranager mbo advised him that he thought the city should construct the sldemalks prior to the opening of the new store, and requested that Council give earnest consideration to the request of Sears, Roebuck and Company. Mr. Carter moved to refer the request to the City Manager as an administra- tive matter. The motion mas seconded by Mr. Davies and adopted, Hr. Dillard voting no. REPORTS OF OFFICERS: FIRE DEPARTMENT: The City Manager reported that in consequence of a discussion at one of the clty*s budget study sessions he has investigated the placement of fire equipment at the various fire stations in the city and that in the opinion of the Fire Chief and himself the equipment is distributed properly in accordance with good fire fighting strategy. Mr. Mheeler moved to concur in the report of the City Manager. The motion mas seconded by Mr. Carter and adopted. GRADE CROSSINGS-STREETS A~B ALLEYS: The City Manager reported that the Norfolk and ~estern Railway Company has requested that the city take action to close Jefferson Street where itcrosses the main line of the ~orfolk and Nestern Railway Company in accordance mlth its contract with the city relative to the construction of the Jefferson Street Grade Crossing Elimination Viaduct and Project, mhich the City Manager recommended be accomplished on the city*s initiative. Hr. Mebber moved to direct the City Attorney to prepare the necessary papers and documents to Initiate the closing of Jefferson Street acrossthe main line of the Norfolk and Mestern Railway Company as requested and to hold a public hearing.in the matter on February 25,*lqST, at 2:00 o'clock, p. m., in the Council Chanber~ The motion mas seconded by Mr. Nheeler and adopted. DUDGET~RECREATION DEPARTMENT: The City Manager reported that inconsequence of Council*s action at its meeting of January .7, 1957, he has studied the request of the Southeast Senior Council for the establishment of full-time Community Center Leaderslntbe Garden.City Recreation Center and the Jackson Park Recreation Center; that the Dire*tot of Parhs and Recreation has during the past few years recommended lnencb of his budget requeststhat full-time Community Center Leaders be established loth*th of the centers in question, which recommendation in each instance was not approved, and that he agalnstrongly recommended the establishment or full-time leadership mt the centers for 1957 and has requested thut $3,120.00 be transferred from Salary, Pluylesders and thee $2,160.00 be upproprlated for the sularies or the two Community Center Leaders In the Recreation Department account of the lgS? badger, the City Manager making no recommendation, but advising lhut ir council makes the uecessury upproprietion he cantor assure any person a position unless they qualify under the requirements or the ]ob analysis progrum, Hr. Mheeler stated thut the City Manager being absent, and, consequently, unable to furnish additional information in the matter, he is not prepared to give further consideration to the request at this time, and moved to table the matter until the next regular meeting or Council. The motion was seconded by Hr. Dillard and adopted. PARKS AND PLAYGROUNDS: The City Manager reported that he has received a request from the Dlrectar of Parka and Recreation that three parcels of land, being Triangle Block 31, River Vies, located on the northeast corner or Salem Avenue and Twentieth Street, S. M.; Lots 1. 2 and 3, Block 33, Byde Park, located on the north side of Gilmer Avenue, N. M., between Thirteenth Street and Fourteenth Street~ and Lots 9, lO and Il, Block ?9, Melrose, located on the north side of Staunton Avenue, N. #., between Twentieth Street and Tunney-first Street, be included in the park system for use as play areas for small children, which request he approved and recommended to Council. Mr. Carter moved to refer the matter to the City Planning Comaission for study and recommendation. The motion mas seconded by Mr. #heeler and adopted. SENATE DISPOSAL: The City Manager reported that in furtherance of authority granted by Conncil at its meeting of December 3, 1956, the City Purchasing Agent advertised for bids for the sale of sludge at the Sewage Treatment Plant to one purchaser for 10:00 o'clock, a. m** December31, 1956, and no bids were received. The report was ordered filed. AIRPORT: The City Manager reported that contracts with the American, Easter and Piedmont Airlines for operation at the Roanoke Municipal Airport will terminate on March IS, 1957, and recommended that Conncil consider in advance of the termination date of the contracts the conditions upon which it will renew the contracts with the various airlines. Hr. Carter moved to refer the matter to a committee consisting of Messrs. Roy L. Webber, Chairman, Malter L. Young, Herbert A. Davies, Arthur S. Owens, Harry R. Yates and Randolph G. Mhittle for study and recommendation. The motion was seconded by Mr. Davies and adopted. RADIOS-PARKS AND PLATGROUNDS: The City Manager reported that the Chesapeake and Potomac Telephone Company has leased space in the radio transmitter building atop Rill Mountain prior to the city taking over the building and recommended that the space occupied by the Chesapeake and Potomac Telephooe Company be leased to it at n rental of $25.00 per month, effective Bay 1, 1956, on a month-to-month basis. Mr. Mebbe.r moved to direct the City Attorney to prepare an Ordinance providing for the leasing of the space as recommended by the City Manager. The motion was seconded by Br. Mheeler and adopted. ,REPORTS OF COMMITTEES: . . AIRPORT:. Council at its meeting of December 17, 1956, hating referred to a committee consisting of Mess~s. Roy L. Mebber, Chairman, Arthur S, Omens. and Hurry R..Tames for reatudy and recommendation its report of December 10, 1956, concerning the transfer of a lease rot certain facilities at the Roanohe Municipal Airport from Messrso J. E.~Owens and Robert F. Hoffmano partners trading as Dixie Aviation Repair Service, to Mr. N. Clayton Lemon, the committee submitted its report, advising that after consultation mith the persons concerned and due consideration It reaffirms its original report. Mr. Huffman appeared before Cooacil and stated that while he recognizes that the committee has acted in all sincerity in the light of the clty*s interests he feels that he and his partner are being dealt with unjustly in that their lease with the city contemplated a ten year period in which to amortize the cost of alterations in the hangar accomplished at their expense, and that on the basis of Resolution No. 12920, adopted on the 10th day of December, 1956, approximately three years would be cut from the ten years originally contemplated for amortiza= tlon of the cost of alterations which moold make it impossible for him and his partner to sell their business and transfer the lease to Mr. Lemon. Mr. Carter moved to direct the City Attorney to prepare a Resolution to provide for the transfer of the lease from Messrs. Owens and Huffman to Mr. Lemon under the terms of the present lease, provided that Mr. Lemon continues the operation of the repair service now conducted by the Dixie Aviation Repair Service. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett and Nheeler .......5. NAYS: Mr. Webber, and the President, Mr. Young ...................2. JOB CLASSIFICATION: The Job Classification Committee submitted a report, recommending that the Job Classification and Pay Schedole Plan heretofore adopted by Council be amended by adding thereto under Clerical, Operational, Technical, Supervisory Group Assignments the position of Right of Hay Agent in Group VII and the position of Construction Inspector in Group YXII, whichposltions were included in the 1957 budget. Mr. Carter moved to concur in the recommendation of the committee and offered the following Resolution: (a12961) A RESOLUTION. making certain changes in the job classification and pay schedule plan adopted by Resolution No. 12812. (For full text of Resolution, see Resolution Book No. 22, Page Mr. Carter moved the adoption of the Resolution. Zhe motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Wheeler, and the President, Mr. Young .................. 7. NAYS: None ............................ O. UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No, 12956, providing for the acquisition of certain land to be used for the extension or Rhodes Aveuueo N. E.,,huvlug previously been before Council for Its first reading, read end laid over, mas again before the body, Mr. Davies offering the following for its second reading and fiual adoption: ix12956) AN ORDINANCE providing for the acquisition of certain land to be used for the extension of Rhodes Avenue, N. E** so us to connect with 9th Street, N. E., end Orange Avenue, N. £o, upon certain terms and provisions; and authorizing and directing the City Manager to construct certain street improvements over said land. (For full text of Ordinance, see Ordinance Book No. 22, Page ?S.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Mr. Carter and adopted by the following vote: AYES: Council members CaFtero Davies, Dillard, Pickett, Mebber, Mheelero and the President, Mr. Young .............. 7. NAYS: None ............... O. LEGISLATION-CITY CHARTER: Council having previously appointed a committee to appear before a committee of the Virginia Advisory Legislative Council to oppose the adoption of a uniform charter for municipalities in the state, Mr. Davies offered the following Resolution: (~12952) A RESOLUTION endorsing the present municipal charter making procedure of the General Assembly and appointing a committee to represent the City at a public heaving of the matter before the Virginia Advisory Legislative Council. (For full text of Resolution. see Resolution Book No. 22. Page 77.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mr. #heeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young ................. 7. NAYS: None ........................... O. HOTIONS AND MISCELLAHEOUS BUSIHESS: LICENSE TAX CODE: Mr. Allen R. Bailey, owner ok the Merchants Delivery Service, appeared before Council and requested that the license tax on delivery services be reduced, Mr. Bailey stating that In his opinion the license tax of $10.00 per vehicle, plus 55~ per $100.00 of gross receipts, is excessive. Hr. Rebbev moved to take the matter under consideration. The motion was seconded by Mr. Mheeler and adopted. Mr. Davies then moved to direct the City Clerk to secure from Mr. Bailey a written statement of his'request and bis reasons therefor upon which Council might base its consideratlouof the matter. The motion was seconded by Mr. Carter and adopted, Mr. Dillard voting no. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETXNG, Monday, January 21, 1957. The Council or the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Building, Boaday. January 21, 1957, at 2:00 **clock, p. w., the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Carter, Davies, Dillardo Pickett, Mebber, Mheeler and the President, Mr. Young ........................ ABSENT: None ................................ O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Janes N. Klncanon Assistant City Attorney, Mr. Barry R. Yates, City Auditor, and Hr. J. Robert Th*nas, City Clerk. INVOCATION: The meeting was opened with a prayer by #r. Arthur S. Owens, City Manager. MINUTES: C.pi of the minutes of the regular meeting held on Monday. Jammer 14, 1957, having been furnished each member of Council, on motion of Mr. Davies. seconded by Mr. Mheeler and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public bearing having been set for 2:00 o'clock, p. n., January 21, 1957,~on the reqaest of the Esso Standard Oil Company that aportlon of its property lying on the southerly side of Brandon Avenue, S. M., adjoining the corporate line at Mad Lick Creek, be rezoned from General Residence District to Business District, and notice of the hearing hating been published in The Roanoke Norld-Nems on January 40 1957, and the City Planning Commission having previously recommended that the request begranted, the hearing mas held. The City Clerk presented a communication from the Esso Standard Oil Company, confirming its offer to dedicate for the widening of Orandon Avenue and the opening of Beverley Boulevard a portion of its land, and an additional communication fronsaid conpany,:reqnesting the closing of a 50-foot street extending from Brandon Avenue~throngh its land, both Of said communications being conditioned opon,the, rezo~lag of the property as requested. Mr. E. Griffith Dodson, Jr** Attorney for the Esso Standard Oil Company, appeared for bis client in favor of the request for rezoning, stating that his client, intends to erect a~filliag station on the property to be rezoned which in its opinion ~oald~be acredlt to the city and the neighborhood* further5 that the locationof the property is aconsiderable distance from any of the homes in the neighborhood and in:his opinion woald, not be detrimental to the homes of residents in tbegeneral area, Mr. Dodsonf~rther pointing out.that his clleat*s offer to donate landfor:the~extension of;Beverley Boulevard and the widening of~Brandon Avenue mould have a tendency to decrease the traffic hazard in the area when both projects are accomplished; therefore, he requested that Council concur in the recommendation of the City Planning Connissionaadgrant the request for rezoning. Mr. Philip H. Elliott appeared before Couacll, stating that he and his neighbors hare appeared OB aawerous occasions to oppose the rezoulug or property gu Hraldoa Avenue in the vicinity of their hones, and voiced obJection to the necessity or he mud his neighbors having to appear before Council at public hearings for reuoning of property in that area approximately each six months, Hr. Elllott stating further that the obJections or the people residing lB the area are based on the fact that the entire area la and has been residential, that all of the residents therein bought their property with the understanding that it nas In u residential neighborhood and protected by the zoning laws of the city, that the consensus of opinion among Alu and his neighbors is that any of the property rezoned on nruudon Avenue would be au entering wedge which would result in all the property from the city limits to the east for at least two blocks eventually becoming business property and would destroy the residential character of the neighborhood, thereby bringing about a deterioration of residential property in that vicinity, Mr. Elllott stating further that there is no need for a filling station In the vicinity and that he and other residents in the area are vigorously opposed to any rezonin9 of property on Brandon Avenue. Hr. Herbert S. Kurshan appeared and stated that in addition to the argument advanced by Mr. Elliott he wishes to point out that Brandon Avenue is the only entrance to the city n~ presently cluttered up with filling stations and undesirable businesses and that when Council voted for the rezoning of the property of Fuel Oil and Equipment Company, Incorporated, on the northerly side of Brandon Avenue at the city limits it was the understanding of the residents of the area that no further rezoning for business purposes would be made on Brasdon Avenue within the corporate liuits, Mr. Kurshan presenting twenty-six postal cards from residents of the general area opposing the requested rezoning. Also appearing in opposition to the requested rezoning, were Messrs. M. A. Frost, Ray A. Nenning, J. H. #hittington, M. G. Tinsley and J. S. Caldnell, alomg with approximately fifty residents of the area. Hr. Webber moved to deny the request of the Esso Standard Oil Company for the rezonlng of a portion of its property lying on the southerly side of Brandon Avenue, S. M., adjoining the corporate line at Mud Lick Creek, The motion was seconded by Mr. Davies and adopted. PETITIONS AND COMMUNICATIONS: SIDEMALRS: The City Clerk presented a communication fram Mr. C. E. Hunter; Attorney for Seurs,.Roebuck and Company, requesting that the City of Roanoke construct sidewalks on the east and west sides of Rayne Street, N. E., and on Milklus Street, N. E., abutting its property, said construction to be completed prior to Febrhary 27, 1957, when its new store is scheduled to he opened, and advising that Sears, Roebuck and Company will refund to the city the entire cost of said sidewalks. The City Manager advised Conncil that he has caused an advertisement to be made calling for bids for the construction of sidewalk, curb and gotter in the city for the current year, which bids will be cecelved by Conncil at its weeting on January 28, 1957, and that the work requested by Sears, Roebuck and Company can be accomplished under that contract, the City Manager stating further that he recommends that Council concur in the request of~Sears, Roebuch and Company with the understanding that the reimbursement made by the said company mill be reappropriated to the Street Construction account for contracts in order that there will be no decrease 11 the amount of sideualh, curb and gutter constructed for which petitions have heretofore been received. Hr. Nheeler moved to concur In the request of Sears, Roebuck and Company sad the recommendation of the City Manager. The motion wes seconded by Mr. Dillard end adopted. STADIDM-ROANOK~ DIAMOND JDHILEE: The City Clerk presented a communication from Roanoke Diamond. Jubilee, Iacorporatedo requesting that Council consider, along with its previous request for paving of the area under the mesa stand at the Municipal Stadium, the. erection of permanent electrical.wiring facilities under said west stand, said wiring estimated to cost approximately $6,800.00, end asking that Council consider the two requests at as early a date as feasible in order that the Industrial Committee of the Roanoke Diamond Jubilee might complete its transactions with prospective exhibitors in the industrial exhibition Mr. L. E. Nard, Jr.~ Vice Chairman of the Industrial Committee of the Roanoke Diamond Jubilee, appeared and advised Council that it is the plan of his committee, under the Chairnanship of Mr. R. H. Smith, to conduct an industrial exhibition in connection with the Roanoke Diamond Jubilee in such a manner that it mill be a permanent feature in the life of Roanoke in the future, it being the hope of the committee that an industrial exhibit mill be held ia the city either annually or bi-annually hereafter, MFs Nard advising further that the type of exhibitors from the surrounding area requires a considerable amount of electric current for exhibitions-of, their products and that temporary wiring to bring the required amount of electric current into:the stand Is completely.unsatisfactory and dangerous, Mr. Nard further pointing out that. the Roanoke Diamond Jubilee mill have to expend approximately $3,?00.00 in additional wiring costs for the exhibition to corer wiring of a temporary nature after the permanent wiring is installed. : ~MF. Dillard~moved to refer the request to a~committee consisting of Messrs Roy L.~Nebbero Chairman, N.H. Carter, Herbert A. Davies and Arthur S. Owens for consideration, along with the request forpavtng of the area under the west stand and submission of its recommendations thereon. The motion was seconded by Mr. Rheeler and adopted. PURCHASE OF PROPERTY-PARES AND PLAYGROUNDS: The City Clerh presented a communication from the Huff Lane Parent-Teacher Association, requesting that the city,acquire land for park purposes in the Dorchester Court area of the northwest ~ ; Mr.~Dillardmoved.to refer,the request~to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Nbeoler and adopted. ~ : REPORTS OF OFFICERS:. ~ . ~, ~ , SALE OF PROPERTY-ACADEM! OF MUSIC:,The City,Manager:reported that bids have been received fur purchase of the old Academy of Music lot on the south side of Salem Avenue, S. N** between Fourth Street and Fifth Street, which bids have been turned over to the City Clerk for opening at the present meeting of Council. The follomiog bids mere received: B. #, Phelps, $25,007.00; Ioduutrisl and Mill Suppliers, locorporsted. $7,885.00; and the Magic City Motor Corporstloo, $22,127,00, : Mr. Dillard moved to accept the bid of, Do M,, Phelps in, the suoaat of $25,007.00 and to direct the City Attorney to prepare the proper Ordinance and other documents rorthe proper transfer of the property t~ Mr. Phelps. The motion mas seconded by Mr, Carter and adopted, REPORTS OF COMMITTEES: · , MATER,DEPARTMENT:. Council at its meetiugof December 17, 19$6,-having referred to a conmittee, consistlog of. Messrs. Melter L. Young, Chairman, Herbert A. Davies, Arthur S. Omens, G. H. Rustoo and John L. #entmorth for study and recommendation plans submitted by the City Manager for renovation of the Mater Department building on Kirk Avenue, S. M., the committee submitted its report, advising that it has carefully examined the plans for the alterations to the building as prepared by the Manager of the Mater Department and presented to Council by the City Manager and ls of the opinion that all of the murk provided for in said plans is necessary and should be accomplished to provide a proper Mater Department headquarters building, the committee, therefore, recommending that the said plans be approved and that the City Manager be authorized to proceed with the alterations and renovations provided for therein, the cost estimated to be $20,000.00. Mr. Carter moved to.concur In the recommendation of the committee and to direct the City Manager to, proceed with.the alterations and renovations provided for in the said plans, the, cost thereof not to exceed $20,000.00. The motion was seconded by Mrs. Pichett and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Mebber, Mheeler, and the President, Mr. Young ....................... NAYS: Mr. Dillard .................. 1. UNFINISHED BUSINESS: BUDGET-RECREATION DEPARTMENT: Council at its meeting of January 14, 1957, having tabled for consideration at its next regular meeting a report of the City Manager concerning the establishment of full-time Community Center Leaders at the Garden City Recreation Center and the Jackson Park Recreation Center, the matter was again before the body. The City Manager advised that he eliminated from the 1957 budget request of the Department of Parhs and Recreation provision for the establishment of full- tine Community Center Leaders at the Garden City Recreation Center and the Jackson Park Recreation, Center, bna that if he were submitting.his recommendations for the budget today the items would be included therein, the City Manager statingtbat he now recommends that full-time Community Center Leaders for the two recreation centers be established. Mr. ~ebber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (z!2963) AB ORDINANCE to amend and reordain Section silO, #Recreation#. of the 1957 Appropriation Ordinance. and providing for an emergency. (For rail text of Ordinance, see Ordinance Book No. 22, Page 70.) Mr. #ebber moved the adoption of the Ordinance. The motion mas seconded by Hr. Carter and adopted by the f,Il,ming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber° Mheeler, and the President, Mr. Young ................ NAYS: None .......................... O. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: GRADE CROSSINGS-STREETS AND ALLEYS: Council at its meeting of January 14, 19570 having directed the preparation of necessary documents for the closing of Jefferson Street across the main line of the Norfolk and Western Railway Company, gr. Carter offered the following Resolution: (u12964) A RESOLUTION providing for the permanent closing, vacating, discontinuing and abandonment of that portion of Jefferson Street located between the north line of Norfolk Avenue and the south line of Shenandoah Avenue. (For full text of Resolution, see Resolution Book No. 22~ Page 79.) Mr. Carter moved the adoption of the Resolution. The motion mas seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber and Nbeeler ...................... NAYS: None ........... O. (The President, Mr. Young, not voting) AIRPORT: Council at its meeting of January 14, 1957, having directed the preparation of the proper Resolution authorizing the transfer of the lease for certain facilities at the R,an,he Municipal Airport and the repeal of Resolution No. 1292B, adopted by Council on December 10, 1956, Mr. Davies offered the following Resolution repealing Resolution No. 1292B:. (#12965) A RESOLUTXON repealing Resolution No. 12928 heretofore adopted on December 10, 1956, relatingto the transfer of the lease of Bangar No. 1 at RoanokeBunicipal Airport. (For full text of Resolution, see Resolution Book No. 22, Page 60.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Br. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett and Mheeler .....5. NAYS: Mr. Webber, and the President, Mr. Young .........................2. Mr. Dillard then offered the following Resolution authorizing the transfer of the lease: (n1296~} A RESOLUTIONcousenting to the asnigouent by J. E. Owens and R. F. Huffman, partners, trading as Dixie Aviation Repair Service, to Clayton Lemon of a certain lease of the City*s Bangar No. 1 at Roanoke Municipal Airport. (For full text of Resolution, see Resolution Book No. 22, Page OO.) 3O Rt. Dillard moved the adoption of the Resolution. The motion mas seconded by #r. Carter and ndopied by the follgnl·g vote: AYES: Co·Roll members Carter, Davies, Dillard, Pickett and Rheeler NAYS: Mr. Webber, and the Preside·t, Hr. Young ........................ 2. CITY PROPERTY-STREETS AND ALLEYS: The Assistant City Attorney presented · Resolution relating to the exchange of certain properties located on the north side of Salem Avenue, S. Mo, betmeen the City of Ronnoke and The Bresdon Company, Incorpor·ted, mhJch Resolution the Assistant City Attorney asked Council to consider for the reason that in the original action of the body providing for the exchange of the properties iu question no provision was made for the payment of taxes on the propert~ of The Brandon Company, Incorporated, to be transferred to the city, Hr. Rlncanon explaining that under the lam the said taxes mould be abated effective the date of the said transfer, mhereas, the property of the city to be transferred to The nrandon Company, Incorporated, In exchange therefor mould not appear on the tax rolls ·ntil Jan·ary 1, 19SS, and that the Resolution he has prepared will provide for a full year"s taxes to be paid by The Braedon Company, Incorporated, on its present property. Mr. Mebber moved to table the matter until the next regular meeting of Council and that the City Clerk furnish to each member of Council a copy of the Resolution along mith the agenda for that meeting. The motion mas seconded by Mr. Davies and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: SCHOOL BOARD: The City Clerk presented a communication from Mrs. G. C. Ligon, transmitting her resignation as a member of the Roanoke City School Board, effective at noon, Monday, January 21, 1957. Mr, Dillard moved to request Hrs. Llgon to reconsider her resignation and remain on the School Hoard for her appointed term. There being no second, the motion mas lost. Ur. Carter moved to accept the resignation of Mrs. Ligon, with deep regret. The notion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, gheeler, and the President, Mr. Young ...................... 6. HAYS: None ........................ O. (Mr. Mebber not voting) ELECTIONS: The City Clerk reported the qualification of the following Board and Commission members: Mr. Fred £. Proms·r, member of the Advisory and Appeal Board to the Director of the Department of Air Pollution Control; Messrs. Robert fl. Daniel and i. Hater Harris, Jr., members of the Advisory Committee on Investment of F·nds for the Employees* Retirement System; Messrs. F. E. Bishop, S. H. Barnbart F. B, Brill and Louis P. Smith·y, members of the Board of Zoning Appeals; and Messrs. James Break·Il and Harold M. Hill, members of the City Planning Commission. The report mas filed. There being no f·rther business, Council adJo·rned. APPROY.ED t~/ Cl~rk ~ PreSident / !:' *~ '~: ' · . COUNCIL. REGULAR MEETING, - Monday, January 26, 1957. ~The Council of the City of Roanoke met in regular meeting il the Council Chamber in the Municipal Ruilding, Monday, January 28, 1957, at 2:00.o*cloch, p. w., the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Count. il members Carter, Davies, Dillard, Pickett, Nebber, Nheeler and the President, Hr. Young .................. 7. ~ABSENT: None .......................... O. OFFICERS PRESENT: Mr. Arthur S. Owens,.City Manager, #r. Janes N. Nlncanon Assistant City Attorney, Mr. H~rry R. Yates, City Auditor, and Mr, J, Robert Thomas, City*Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend John A. Ricks, Jr., Pastor of the Belmont Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, Januar 21, 1957, having been furnished each member of Council, upon motion of MFS. Pickett, seconded by Mr. Nbeeler and adopted, the reading was dispensed with and the minutes approved as recorded. REARING OF CITIZENS UPON PUBLIC MATTERS: SIDEMALK, CURB AND GUTTER: A proper advertisement having been published calling for bids for the construction of concrete sidemalh and concrete curb and gutter at various locations In the city during the year 1957, to be presented to Council at its meeting of January 2B, 1957, and publicly opened, the following bids mere received: Pioneer Construction Company, Incorporated, $92,15U.00; Bartman Construction Company and A. D. Alford, $74,475.00;.McDouall and Mood, Incorporated, $97,320,00; Adams Construction Company, $96,955.00; and Draper Construction Company, $?6,490.00. ..~' Mr. Mebber moved to refer the bids to a committee consisting of Messrs. Arthur S. Owens, John L. ~entworth and U, Cletus Droyles for tabulation, study and report. The motion was seconded by Mr. Mheeler andadopted. PETITIONS.AND COMMUNICATIONS: TRAFFIC: The City Clerh presented a communication from Sears, Roebuck and Company, stating that during the preceding year it has discussed with the city the need for traffic lights.on Milliamson Road at the intersections of Compton Street and Nayne Street to control traffic movement in and around the Sears store site, and that if the intersection.atNJlli~mson Road and Compton Street is to be signalized, the.company monldlik~ to Installat its own expense, if permissible, a treadle or other ~evice which would activate the signal from the Sears parking lot exist immediately opposite the in~ersectlon~ and that if the treadle is to be installed, the company would prefer to install It now, or make adequate provision for its future installation, before completing work on its parking lot and the sidemalk adjacent thereto. Mr. ~ebber moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Mr. Nheeler and adopted. ZONIB9~ The,City Clerk presented a communication from Hr. Richard T. Edwar~ Attorney.for mr. William O. Cratohfleld and the Trustees of tbs United Association Plumbers and Steumfltters Locol Union 491. requesting that their properties, being Lots 10 and Il,Block 2, Oakland Additlox~ located ou the north side of Wayne Street, H. E., east of,Willismsoa.Roud at.,the Intersection of Compton Street, he rezoned from General Residence,District to Business District. , · Hr. Bheeler moved,to refer,the request to the City Planning Commission for study and recommendation. The motion mas seconded by Mr. Dillard und~ndopted; HODSING: The City Clerk presented a communication from the:City of Roanoke ,Redevelopment and Housing Authority,.transnittlag a statement of its recoupment of advance of.cost of off-site improvements by application.of payments in lieu of taxes due the city pursuant to Ordinance No. 11367 adopted on March 20~ 1952, for ProJects VA-II-I and VA-II-2 for the fiscal year ended September 30, 1956, showing n total credit in the amount of $10.31H.24. ,. .The report was ordered filed. REPORTS OF OFFICERS: CHESAPEAKE AND POTOMAC TELEPHONE COMPANY-STREETS AND ALLEYS: The City Manager reported that in connection with an application of the Chesapeake and Potomac Telephone Company for permission to construct an underground conduit. system extending from the southern end of Masena:Rridge to the west corporate limits at Drambleton Avenue and Red Rock Road, S. W., the portion in Main Street from the bridge to Brnndon Avenueto be constructed along the sidewalk line which will necessitate tearing out the sidewalk and replacing same after the work is completed, and in addition, cutting of major roots of approximately fort7 shade treesalong said street, the City Engineer has recommended that the telephone company be permitted.to remove said trees and replace the sidewalk abutting the property line alon9 the street and that the city widen Bain Street on the north and.nest sides five feet at an estimated cost of $19,400.00, in which recommenda- tion the City Manager concurred; In this connection, the City Clerk presented a petition signed by eighty-fi residents and property owners living on end abutting Main Street, S. W** between Wasena Bridge and Hrandon Avenue, opposing the proposal for the following 1.The incalculable loss to the value of the property along the street. 2.The deletion Of the grass island between the curb and sidewalk adds to the hazards confronting children that use the sidewalk for play as well as access to , Wasena School. One misstep.will put them out into the street. 3. It will render practically unusable the large porches on most of the resldente along the street by projecting them closer to the street. 4. An addition of five feet to the street is not enough for an additional lane of traffic; therefore, no gain. can he seen In expediting the flow of traffic. The City Clerk also presented communications from Mr. Richard J. Sttnnett and Mr. N. D. Coffey, citing the same reasons as those in the petition. Mr. Stinnett appeared before Council and stated that the proposal to widen Rsin Street by moving the sidewalk to the property lines and eliminating the grass plot and trees between said sidewalk and the curb line wonld in the opinion of fha:residents on th6 street accelerate the speed,of traffi~ moving thereo~ to the detriment of thesnfety of children.and adults using the sidewalk, further, that vehicular traffic along Main Streetusually moves between forty and fifty miles p~r haur~uaderpresent:conditlons and that'the speed of moving traffic should be reduced.rather than increased° Mr~oStinnett further poiatlng out that humeroes heavy tracks are using the street rather'that marked truck routes, that.widening of the street will not provide.an additional lane for the moving of traffic and that it is the'understanding of the,resideatson the street that the Chesapeake asd~Potomoe Telephone Company has,presented to the city on alternate route for its..condult which would proceed through the area mostly in alleys,. . Mr. H. £..Nichols appeared and stated that the sidewalk presently construct on Main Street extends eight inches over his property at 1323.Rain Street, S. and asked that If Council considers concurring in the recommendation of the City Manager that it first order a survey to be made and stakes placed along the proposed sidewalk lines so that both Council and the citizens of the area might know exactly where the sidewalk is proposed to be placed prior to the taking of any action. .. Mr. Garland H. Milllans appeared and requested that Council consider reroutlng.H. S; Highway 221 out. Franklin Road to the south rather than through the congested Wasena area over Main Street, #r. Williams stating that in his ' opinion'such action would be of far more value to traffic movement than widening Main Street five.feet. . Also appearing in opposition to the proposal, were MFS. J.A. Broadwater and numer o~ts othercitizens of the area~ . Mr. Dillard moved to deny the recommendation of the City Manager and to instruct:the Chesapeake andPotoma¢ Telephone Company to use its.alternate route. The motion, was seconded by Mr. Wheeler. Mr. Webber.offereda substitute motion to take the matter under considera- tion and'to.direct the City Manager to furnish Council with a plan of the alternate roote.proposed by the telephone company ia orderthat Council might be apprised of the.conditions on both routes prior to making a decision. The motion was seconded~by Mr. Davies and adopted by the following vote: AYES: Council members;Carter, Davies, Pickett, Webber, Rheeler, and the President,~Mr; Young ..... ~ .... ~---~ .... : J ::NAYS:Mr. Dillord ........ ~--~--1, . · - -=. TRAFFIC-GRADE CROSSINGS-STREETS AND.ALLEYS: The City Manager reported:that pursuant to Resolution No. 12849, adopted:by Councjlon September 24, 19~6, he reqaested the. Virginia Departnentof Righwaysto participate in the cost_of . conducting a preliminary'survey and preparation of plans and estimate of cost for a proposed.route connecting U. S. Route 220 from the southern.end of the Hunter Memorial Bridge at Campbell Avenue to.Franklin Road, S. M;, said work to:be .... accomplished.by, tbe~ctty,.and advised'that the Department of Highways has agreed to participate in the:cost.of said project to the extent ofsfifty per cent of the actual cost estimated at $9,000.00, the CityManager recommending thathe be aathortzedto:enter into an agreement with the Hlghway~Deportment for the conduct .'34 of the mork:as outlined, stating that be proposes to nsc city forces for · portion or the morkduriegtheir time orr, said city farces to be paid forthelr extra #r~ Vh~bler moved to concur in the recommendation or the City Manager Bad to direct the City Attorney to prepare a ResOlution authorizing the City Manager to eater into an,agreement.math the Virginia Departsent of Highmays as reconnended by the City Manager. .The motion Jan seconded by Mr. ~ebber and adopted. .TRAFFIC: The City Manager reported that he has studied the request or residents of Airport Road, ~. ~** tbnt speed ttmtta on the state highway ruanisg in front of their properties be reduced and has been advised by the City Attorney*~ office that the matter of regulating speeds on peripheral,highways is reserved to the state, therefore, he has requested the proper state officials to intensify their patrolling of the highuay in question in an effort to reduce the speed of vehicles thereon. The report was ordered filed. REPORTS OF COMMITTEES: LEGISLATION-CITY CHARTER: Council, by Resolution No. 12962, adopted on the 14th day of January, 1957, having appointed a committee consisting of Hessrs. W. D. Carter, Chairman, Denton O. Dillard and Janes N. Klncanon to appear at · public hearing before the Virginia Advisory Legislative Council in Hichmond, Virginia, on January 10, 1957, and oppose the proposition of a uniform charter for all municipalities of the state, the committee reported that it attended the hearing and expressed to the subcommittee of the Virginia Advisory Legislative Council conducting said hearing the opposition of the Council of the City of Roanoke+to the proposal of a single uniform charter to govern all Virginia municipalities, that other Virginia municipalities were represented at the hearing a~d expressed a like opposition, that the chairman of the subcommittee holding subcommittee to propose to the legislature any change in any municipality's existing chatter nov to curtail the existing power of any municipality, bomevev. the subcommittee felt that perhaps some #model~ or eunifovma municipal charter could be developed which any clty might in the future and at lis oma election seek to have adopted as its oma cbarter~ and that some general legislationmight be proposed mhicb mould incorporate into the Virginia statutes in standardized wording nest, if not all, of the various powers now lodged in the various cities and incorporated towns of the state, the committee concluding that It left the public h~aring mitb the feellog, if not actual assurance, that no drastic change in the existing procedure for the granting of municipal charters will be proposed by the subcommittee conducting the hearing. Mr. Oavies moved to accept a~d file the report of the committee. The notion mas seconded by Mr. ~heeler and adopted. ARMORY: Coancil at-its meeting of December IT, 1956, having referred to a committee consisting of Hessrs. Roy L. Mebber, Chairman, Arthur S. Omens, Robert p. Hunter and H. Cletns Droyles bids received for gymnasium seats for the ~ational Guard Armory for study and recommendation, the Committee submitted its report, advising that the bid of Russey Manufacturing Company, Incorparated, was the only bid thot~'folly complied with tbe:specificatioes, but that the bid.cuouetieg to $9,glT~OO-uas~not the Iow bid received, however,~the coumittee recommetded the occeptence cf the bid of Bussey Manufacturing Conpany, lscorporeted, for the 1,Ae esalysis'.of the structure or their seats will shoo they are sure. 2,There is a minimum maintenance problem due to the ease of cleaning, . - ~: . 3. The general construction of the seats is excellent. ~ 4. Ne believe the bleacher seats can be operated mith ease. · ' '~ 5. The closed-bleacher-type construction.is both comfortable and safe for the patrons. 6. The company's base bid full~ complied with the specifications. and the rejection of the remainder of the bids received which did eot meet specifications. Mr. carl G. Scott, rapt.enacting Virginia School Equipment Company, Incorporated, which company submitted one of the bids not nee*icg specifications, appeared before Council and stated that while his bid did not meet specifications he felt that bis company*s bleachers were better than those constructed by Hussey Manufacturing Company, Incorporated, and that his bid amounting to being lower than that of Bussey Manufacturing Company, Incorporated, should be accepted. offered the following emergency Ordinance: (#12967) AN ORDINAN'CE providing for the acquisition and installation of gymnasium seats at the National Guard Armory; and providing for an emergency. (F~r full text of Ordinance, see Ordinance Book No. 22, Page Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: ~AYES: Council members Carter, Davies, Pickett, Mebber, Nheeler, amd the President, Mr. Young ................. '---6. NAYS: Mr. Dillard-- ............. 1. UNFINISHED BUSINESS: CXYY EMPLOYEES: Council at its meeting of November lq, lg55, having referre~ to a committee consisting of Mr. M'. B. Carter, Chairman, Mr. J. Robert Thomas and Mrs. Mary C. Pickett for study and recommendation the question of establishing service buttons or insignia for municipal employees, and the committee having subseqaently submitted its report to Council at its meeting of December 17, at whlch time it was laid over for consideration along uith the IgC7 budget, and Conncil having in its lgS7 budget provided the requested $3,000°00 for the project, the report was again before the body. Mr. Davies moved to concur in the report of the committee asd that the committee be continued in being to w,th out fnrther details of the program. The motion was seconded by Mr. ~ebber and adopted by the following vote: AYES: Council members Carter, Davies, Plchett, Nebber, ~heeler, and the President, Mr. Young ...................... 6. NAYS: Mr. Dillnrd ................. 1. '35 tabled for consideration along with the 1957 budget the request or the Chief Municipal Judge of the MunleIpnlCourt for the appointment or u Substitute Municipal Judge, and In its 1957 budget having appropriated funds for said Substitnte Municipal Judge, the waiter nas again before the body. Mr. Mebber Bared to direct the City Attorney to prepare au Ordinance creating the position of a Substitute Municipal Judge, defining th~ porters and duties thereof, providing rot the tine and conditions under which said Substitute Municipal.Judge would serve, and providing for the appointment of two such Substitute Municipal Judges. The notion was seconded by Mr. Mheeler and adopted. CONSIDERATION OF CLAIMS: NONE. INTRoDuCTION. AND CONSIDERATION O~ ORDINANCES AND REsoLUTIoNS: CiTY pROPERTY-STREETS AND ALL~Ys: Council at its meeting of January 21, 1957, having laid over for consideration at its next regular meeting a Resolution recommended by ~he=Clty'Att~rney d~aiin~ with taxes'on c~rtain ~ropertie~ located o~ the no~t~ side of Salem Avenue, S. M.. being exchanged he~we~n the ~ity of Roanoke and The nraadou Compae~. Incorporated, Mr. Carter offered th~ following Resolution: (ui29~l A RESOLUYION relating to tee ~xeba~ge of certain properties located on t~e'north side of $~lem Avenue, S. W., between the City a~d The Drandon Compaoy, Incorporated, et al. (For full text of Resolution, see Resolution Dook No. 22, Page 83.) Mr. Carter moved the adoption of the Resolution. The notion was seconded by mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Rabbet, Mheeler, and the President, Rr. Young ....................... NAYS: None ................................. O. SALE OF pROPERTY-ACADEMY OF MUSIC: Council at its meeting of January 21, 1957, having directed the preparation of an Ordinance and other documents providin for the sale to B. R. Phelps of the old Academy of Music lot on the south side of Salem Avenue, S. N., between Fourth Street and Fifth Street, Mr. ~heeler moved that the following Ordinance be placed upon its first reading: (u12959) AN ORDINANCE authorizing and directing the sale and conveyance of certain property situate on the south side of Salem Avenue, S. M., between 4th and Sth Streets, Rnown as thc old Academy of Music site, to B. M. Phelps, MHEREAS, the City has heretofore caused to be made public advertisement for sea]ed bids for the purchase of certain property owned by.the City aad known as the old Academy of Music site, the said bids to be delivered to the City, at the office of the City Purchasing Agent; and MNEREAS, as a result of said advertisement, several bids were received by the City, all of which said bids were presented to the Cit{ Council at its regnlar session held at 2:00 o'clock, po m,, on January 21, 1957, and were then there opened and pnbliely read; and ' F'r MHEREAS~ of. the severel:bids so received, the'written offer of.B. M, Phelps to purchase the said property at u purchcse price of $25,007.00, cash on delivery of the City's deed, was the highest end best bid received for the of.saidproperty and should, in the opinion of the Council, be accepted, Con,oil deeming it to the best interest of the City to dispose of the said real estate for the best price obtainable therefor, .... THEHEFOREo,R£ IT ORDAINED by,the Council of the City of Roanoke that the written offer of H. M. Phelps, dated January 9, 1957, to purchase frow the City that certain tract of land fronting approximately 69.0 feet on the south side of Salem Avenue, S. M., between 4th and $th Streets, and extending in a southerly direction to the north side of Rorer Avenue, S. e., known as the old Academy site and being all of that certain property, or properties, heretofore conveyed to the City by the Academy 'of #usic Company, a corporation, by deed dated September 7, 194 of record in the Clerh*s Office of the Hustings Court of the City of Roanoke in Deed Hook 688, page 248, for a consideration of $25,007.00 cash, payable to the City upon delivery of the Cltyts deed of conveyance, be, and the same is hereby, accepted. DC IT FHRTHER ORDAINED that, upon payment by the said H. M. Phelps to the City of the sam of $25,007.00 cash, the proper City Officials shall be, and they are hereby, authorized and directed to execute and deliver to the said purchaser, or to whomsoever said purchaser may properly direct, the City*s deed conveying the aforesaid tract of land to said purchaser, which said deed of conveyance shall be upon such form as is prepared by the City Attorney and shall contain, on behalf of the City, general warranty and modern english covenants of title, and which said deed shall have affixed before such delivery proper documentary stamps to be supplied at the expense of the City or out of the purchase price aforesaid. The motion was seconded by Mi. Dillard and adopted by the following vote: AY£S: Council members Carter, Davies, Dillard, Pickett, Webber, Mheeler, and the President, Mr. Young .................. 7. NAYS: None ............................ O. MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-SCHOOLS: It appearing that Section ~120, ~Schools', of the 1957 Appropriation Ordinance, as carried in the records of the City Clerk~ does not carry out the intent of Council, Mr. Dillard moved to direct the City Attorney to prepare an Ordinance to amend Section nlRO,USchools~, of the lgS? Appropriation Ordinance, to provide for the appropriation of school funds by the twelve major items as contained in the School Board's budget request totaling with footnotes thereto showing for information purposes only and not to be controlled as appropriation items by the City Auditor the detail items making up the appropriation in each of the twelve major items. The motion Was seconded by Mr. ~heeler and adopted. HOUSING-HEALTH DEPARTMENT: The Mayor stated that the terms of Messrs. Eugen S. Brown and John #. Thompson as members of the Housing and Hygiene Board will expire on January 31, 1957, and called for nominations to fill the vacancies, the terms of which are for two years. Dr. Dheeler placed in nominntion the mimes or Eugene s. Broma end John #. Thompson as members or the Doard of Dousing and D~gieoe for terms of two 7ears each begJnnlag February 1, 1957. There bellg eo,further.aouinntloas, #essrs. £ugeae S. Drown ond John Thompson were reelected as members of the Donrd of Housing and fl;giene for terms of two years each beginning February 1, 1957, by the following vote: AYES: Council members Carter, Davies, Dillard, Pichett, Webber, Iheeler, and the President, #r. Young ................. 7, NAYS: None ........................... O. There being no further business. Council adJouroed. . A P P R 0 V E D T~ : ~,/ P~esldcnt COUNCIL, REGULAR MEETING, Monday, Febrnury 4, 1957. The Council of. the City of Roanoke met In regular meeting ia the Council Chamber in the Municipal Building, Wonday, February 4, 1957, at 2:00 **clock, po m,e the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler and the President, Mr. Toung ................ ~___?. ABSENT: None ............................ O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Hr. James N. Kincanon Assistant City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend Lewis F. Ovenshire, Executive Director of the Goodwill Industry and Gospel Missions. MINUTES: Copy of the minutes of the regular meeting held on Monday, January 28, 1957, having been furnished each member of Council, upon motion of Mr. Carter, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorde~. HEARING OF CITIZENS UPON PUBLIC MATTERS: WATER DEPARTMENT: The City Manager having heretofore called for bids for miscellaneous, small area improved hard surface street and sidewalk restoration occasioned by the normal daily operations of the Water Department, bids were received from the following: Adams Construction Company and John A. Ball and Company. Mr. Davies moved to refer the bids to a committee consisting of Messrs. Arthur S. Owens, Chairman, John L. Wentmorth, G. B. Ruston and B. Cletus Broyles for tabulation, study and recommendation. The motion was seconded by Mr. Wheeler and adopted. PETITIONS AND COMMUNICATIONS: CENSUS: The. Clt~ Clerk presented a communication from the Chamber of Commerc requesting that Council authorize and direct the City. Manager tomake the.necessary arrangements with the Census Bureau of the U. S. Department of Commerce for an immediate official Interim census taking of the City of Roanoke, provided that the Roanoke Chamber of Commerce will assume fifty-one per cent of the necessary charges made by the Census Bureau for such census. RT. Davis H. Elliot, President of the Roanoke Chamber of Commerce, appeared and stated that the request is based on information previously submitted .to Council at its meeting on January 7, 1957, supporting a recommendation of the City Manager that such a census be taken. Also appearing in support of the request, mere Messrs. H. L. Lawson, Jr** N. W. Pugh, Jr., Ralph £. Baker, Stuart P. Willer, Curtis L. Lemon and A. S. Rachal, Jr. Mr. Carter moved to concur in the request of the Roanoke Chamber of Commerce and to direct the City Attorney to prepare a proper Besolntion carrying ont said request. The motion was secondedby Wt. fllllardand lost by the following vote: AYES: Council.members Carter, Dillard and Pickett ................... 3. NAyS:.Council members Davies, Nebber, Nheeler, nad the President, Young ............................. 4. P~RCHAS£ OF ~OPERTY-SC~OOCS: The CltyClerk presemted i comwmelcntiom from the Roanoke City School.Board, requefllng.un appropriation of $64,031.50 to its Capital Account.for the purpose.of purchasing two elementary school sites, one part of the A. I..Coon land situated im the,northeast sectiom of the city betmeem Dollins Road end Oliver Road Extemded, consisting of IO,24 acres, et a cost of $16,272.00, including fees, and the second the property of Mrs. Alzie Shnmete Uilliams sltnated in the northwest section of the city between Hershberger Road and Densmore Road, boanded on the west by Uestside Boulevard, consisting of 14.20S.acres0 mt a cost of $48,55g.50, said request being made in accordanceuith the provisions of Resolution No..12515, adopted by Council on October 3, 1g$5. The City Cleft'also presented a communication from the City Planning Commission, advising that the School Board has consulted with the Planning Commission on the purchase of the two sites involved and that it is the recommendation of the Commission that Council acquire the two proposed sites, Hr. J. P. Cruichshank, Chairman of the Roanoke City School Boardq appeared nnd advised Council that these are the last two sites the School Board has in mind for purchase ns school sites under the provisions of the Resolution cited and that the School Board Is of the opinion that these sites should be procured immediately since.properties of the size required are becoming extremely scarce. MF. Crulchshank stated further that the properties could be used for park purposes prior to the erection of schools thereon and that when schools are erected thereon the properties will be developed for Joint use as recreational and school facilities. Ir. Yebber moved to direct the City Attorne! to prepare the proper Ordinancl carry out the request of the School Uoard. The motion was seconded by IF. Oavies and adopted by the follouing vote: AYES: Council members Carter, Oavies, Pickett, #ebber, #heeler, and the President, Mr. Young ....................... NAYS: Mr. Dillard .................. 1. SERER CONSTRUCTION: The City Clerk presented a communication from Mr. J. Carl Poindexter. requesting that the city extend, on an assessment basis, the sanitary sewer from the intersection of Byrd Avenue and Kanter Road, N. E., west Larchmood Street and north therein. Hr. Rheeler moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Hr. Dillard and adopted. REPORTS OF OFFICERS: ,TRAFFIC: The City Manager reported that he has made a study of the request of Sears, Roebuck and Company forthe installation of traffic signals at the intersections of Milliamson Road and Mayne Street, N. E., and Rllliamson Road and Compton Street, N. E., and recommended that the city install traffic signals at both intersections, but that the cost of the signal at the intersection of ¥illiamson Road and Compton Street, N. £., be borne Jointly by the city and. Sears, Roebuck and Company, the City Manager advising further that Sears, Roebuck Dud Company officials heveinformed him by telephone~that they will agree,to pay one*half or the cost of the signal nt Mllllomsol Ruud and Couptou Street, N, E. Mr. ~heeler moved, to concur in the recommendation of the City Manager and to'direct the City. Attorney to prepsrethe necessary, agreement to carry out said recommendation. The motion mas seconded by Mr. Dillard nad odopted.~ STREETS AND ALLEYS: The City Manager reported that he has received aB offer from Mrs.,Adrienne M. F. Roenstnd and the Sinclair Refining Company to convey unto the eitya lO-foot wide strip of laud to be used for street widening purposes on the northerly side of-Missouri Avenne, N; E** from the east side of Ontario Street 275.22 feet eastward, which he recommended be accepted, the. City Manager advising further that the Sinclair Refining Company has requested that Ontario Sar?t, N. E.. extending northward along its property from Missouri Avenue to the Hiller Container Corporation property, be vacated, discontinued and closed. Mr. Dillard moved to refer both matters to the City Planning Commission for study and recommendation. ~The motion was seconded by Mr. Mheeler and adopted. CHESAPEAE£ AND POTOMAC TELEPHONE COMPANY-STREETS AND ALLEYS: The City Manager reported that he has consulted mlth the Chesapeake and Potomac Telephonq Company concerning an alternate route for the extension of a CCP Telephone Company cable conduit through the Manana section, as directed by Council at its meeting of January 28, 1957, and presenteda tentative general layout of the proposed alternate route, the City Manager advising that the telephone company is unable to furnish at this time the details of said alternate route, hut that said details will be furnished by the next regular meeting of Council. Mr. Davies moved to table the matter until the next regular meeting of Council in order that residents and.property owners of the affected area might be heard in. the matter at the same time Council_receives the details thereof. The motion mas seconded by Mr. Dillard and adopted. ARMORY: The~Clty Manager reported that in consequence of an advertisement for concession privileges at the. National Guard Armory the Purchasing Agent received only one bid. thatbeing from Mt. Samuel A. Garrison, Mr..Garrison agreeing to pay*theclty for the-said concession six per cent of the gross sales on the premises, which the~City'Manager recommended be accepted~ Mr. Hebber moved to direct.the CltyAttorney to preparean Ordinance providing for the acceptance of the bid and the amarding of the contract as ~ recommendedbythe City Manager. The motion man.seconded by~Mr.~Mheeler and adopted. ~ ...... ~ :::REPORTS: The City Manager submitted a report of the Department of:Public Melfare for the month of December, 1956; and~reported/other departmental reports The report mas ordered filed; ~/ - . .... ~:. increase la the appropriation therefor from $400.00 to $2,925.00, in which Hr. Webber moved to direct the City Treasurer to,file his request for on amendment to his budget mit~ the State Compensation Hoard, advising said Hoard that Council feels thut the aced for the cabinets exists, but that Council prefers to hold the matter ia abeyance pending the approval thereof by said Bosrd. Tho motion was seconded by Wt. Wheeler and adopted. REPORTS OF CO#HITTERS: STAHIH#:Couacil at its meeting of January 21, 1957t having referred to a committee consisting of Hessrs. Roy L. Hebber, Chairman, W. H. Carter, Herbert A. Davies and Arthur S. Owens for study and recommendation the request of Roanoke Diamond Jubilee, Incorporated, that the city install permanent airing under the went stand at the RunJcipal Stadium, said request to be considered alon~ ulth the request of Roanoke Diamond Jubilee, Incorporated, rot paving of the area under the west stand which was referred to the same committee by Council at'its meeting of December 3. 19S6, the committee submitted its report, st~ing that it believes that the work requested'would not only he useful rot the current Jubilee year, but also would provide a space for future uses such as automobile shuns, displays of.various types, and possible use of booth displays for the many conventions that meet in Roanoke, the committee, therefore, recommending that' the City Manager be authorized to secure public bids for the necessary wiring and laying of a concrete floor under the west stand os requested by Roanoke Diamond Jubilee. Incorporated, the committee further recommending that in order to plan for long- range use the City Homager confer with the Appalachian Electric Power Company, the Industrial Exhibit Committee of Roanoke Diamond Jubilee, Incorporated, and other interested persons or groups in order th~ the instal'lotion may be accomplished nta minimum cost with maxiuum benefits. Hr. Dillard no.ed to concur in the report of the committee. The motion was seconded by Mrs. Pickett and adopted. SIDEWALK, CURB AND GUTTER: Council at its neetin9 of January 26, 1957, having referred to a committee consisting of Messrs. Arthur S. Omens, John L. Wentworth and H. Cletus Broyles for tabulation, study and report bids received for the construction of concrete sidewalk and concrete curb and gutter in the city for the current year, the committee submitted its report, showing the bid of the Hartman Construction C~mpany and Hr. A..D. Ali.rd, in the amount of ~74.475.00. to be the low btd receired. Hr. Carter moved to file the report of the committee and offered the following emergency Ordinaace: (n12970) AN ORDINANCE accepting the proposal of Hartman Construction Company and A. D. Ali.rd. Roanoke, Virginia. forth, construction of concrete sidewalk and concrete curb and gutter at Various locations in the City of Roanoke in the total sum of $74,475.00; authorizing and directing the City Manager to execute the requisite contract; an~ providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page RS.) Mr. Catter moved the adoption of the Ordinance. The motion was seconded by Hr. Davies and.adopted by the following vote: AVES: Conncil members Carter, Davies, Dillard° Pickett, Mebber, Rbeeler, smd the President, Mr. Voueg~ .............. 7. : NAYS: None ................ ~ ........ O.~ BRIDGES*MABER FIELD: Council et its meeting of October 1, 1956,'having appointed n committee consisting of #essrs. Herbert A. De~ies, Chairman, John L. Mentmorth and H. Cleans Hroyles to continue the study ned consideration of constrnctieg n pedestrian bridge over Roanohe River between South Roenohe Park ted #nher Field, the committee submitted its report, recommending that the city again request bids for the construction of alxestressed concrete bridge la accordance with plans prepared in the office of the City Engineer, dated September 10, 1956. Hr. Carter moved to concur in the report and recommendation of the comnitte~ The motion was seconded by Hr. Mebber and adopted, UNFINISHED BUSINESS: LICENSE TAX CODE: Council at its meeting of January 14, 1957, having taken under consideration the verbal request of Mr. Allen R. Bailey of the Merchants Delivery Service for a reduction in license~taxes for delivery service end at the sane time having directed the City Clerk to secure from Hr. Bailey, in writing, his request'in detail, the City Clerk presented a comnnnication from Mr. Bailey, quoting the rates charged by the cities of Norfolk, Portsmouth and South Norfolk, Virginia, which he.pointed out are lower than those charged by the City of Roanoke, and requesting that the City of Roanoke reduce its license tax rates for delivery service to be in line with those of the other cities quoted. · Mr. Carter moved to deny th~ request. The.motion was seconded by Mr. Davie: and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AF(DCONSIDERATION OF ORDINANCES AND RESOLUTIONS: SALE OF PROPERTY-ACADEMY OF MUSIC: Ordinance No. 12969, providing for the sale of the old Academy of Music site located on the south side of Salem Avenue, S. M., between Fourth Street and Fifth Street, to Mr. B. M. Phelps, for a cash consideration of.$25;007.00, having previously been before Council for its first reading, read=and laid over, was again before thebody, Mr. Davies offering the following for its second reading andfinal adoption: .lz12q69)~AN ORDINANCE authorizing and'directing the sale and conveyance of certain property situate on the south side of Salem Avenue, S. M** betmeen 4th and 5th_Streets.~hnown as the old Academy of Music site, to D. N, Phelps, (For full text of Ordinance,.see Ordinance Book No. 2~,.Page Mr. ~aries moved the adoption of the Ordinance. The motion was seconded by.Mr, Carter and adopted by the following vote: AVES:Council members. Carter, Davies, Dillard, Pickett, Nebber, Nheeler, and the Presldent~ Mr. Young-~-~ .... ~ ............. ?. _ .NAYS:_None~- ................ ~ ............. BUDGET-SCHOOLS: COWBell at Its. meetiog~of January 28, 1957, having directed the preporntloa of ea Ordinance to amend Section ri20 *Schools** or the 1957 Appropriation Ordinnoce, Br. Carter offered the r, Il,wing emergency Ordinance: (a12971) AN ORDINANCE to auead nnd re-eBnct Acc,not No. lgO - Schools, of the lgS? Appropriation Ordiasoce~ nad providlog for un emergeocy. (For rail text of Ordioaace**see Ordinance Book No. 22, Page 66.) Mr, Carter moved the adoption of the Ordinance. The motion was seoonded by Mr, Davies and adopted by the £ollowiag vote: AYES: Council members Carter, Davies, Dillard, Pickett, Nebbero Bheeler. and the President, Mr. Young ................... NAYS: None ............................. O. RADIOS-PARES AND PLAYGROUNDS: Council at its meeting of January 14, 1957. having directed the preparation of an Ordinance providing for the leasing o~ space in the radio transmitter building atop Mill Mountain to the Chesapeake and Potomac Telephone Company. Mr. Carter moved that the following Ordinance be placed upon its first reading: (~12972) AN ORDINANCE authorizing and directing the lease of certain space in the Radio Transmitter Building atop Mill Mountain. and on the tower adjacent to said building, to The Chesapeake and Potomac Telephone Company of Virginia upon certain terms and conditions. MH£R£AS, Times-M,rid Corporation has recently vacated certain premises atop Mill Moontain heretofore held by said corporation under lease from theClty. which premises included the Radio Transmitter Building on Mill Mountain; and MHEREAS, during Times-N,rid Corporation*s occupancy of said premises, a portion of the same had been sublet to The Chesapeake and Potomac Telephone Company of Virginia under the terms of a mrJtten lease between said parties, which said lease has not yet, by its terms, expired but, nevertheless, The Chesapeake and Potomac Telephone Company of Virginia is willing to terminate said former lease and enter into a new lease directly from the City upon the terms and provisions hereinafter mentioned; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized nod directed, for and on behalf of the City, to enter Into a written lease mith The Chesapeahe and Potomac Telephone Company of Virginia, to be effective as of January 1, 1957, under which said lease the Citywill lease and demise to The Chesapeake and Potomac Telephone Company of Virginia 36.0 square feet of floor space in the northeast corner of the transmitter bolldiag atop Mill Mountain for said company, s use for radio trans- mitter and receiver**with associated equipment, and space on the tower adjacent to said building for aa antenna approximately three (3) inches In diameter and thirteen (13) feet long to be connected by coaxial cable to the equipment in said building, together with free ingress and egress to and from said premises, all for a term of one (1) year commencing January 1. 1957, at an annual rental of Three Hundred Dollars. ($300,00). to be paid in equal monthly installments in advance on the first day of each and every month, said lease to be upon such form as is prepared by the City Attorney and to contain such provisions as are approved by the-City laoagerbut which said provisions shall include, among others, the follomiog: _ 1, PThe demised premises shall be used by*he Telephone Company only rot the purpose or erecting, mointaining'aod.'~p~rutiug high-frequency radio receiving and transmitting equipment hereinafter referred to as equipment; except t~at the installation, maintenance and use of the aforementioned equiPment shall in no way'interfere with the other radio-systems of the lessor on the'premises and should interference conditions occur ~hich cannot be cleared within a reasonable time, the agreement may be terminated by lessor giving to the Telephone Company thirty (30} days prior mrltten notice. 2. If for any reason the demised premises or any portion thereof become untenable, the Telephone Company may Immediately ternlnate this agreement and, upon so doing, shall promptly remove its equipment. 3. The Telephone Company shall comply mlth ail laws and regulations of governmental authority, Federal, State,. County, Municipal or otherwise, relating to the+. erection, maintenance or operation of said equipment, and shall procure at its own expense, all permits, licenses, certificates or any other authorization whatsoever which nay be required by such Imasa ordinances, rules or regulations. - 4. The Telephone Company shall indemnify and save harmless lessor and any other person or persons, lawfully upon the leased property, from any and all loss or damage., to property and injury to, or death of, person or persons, or any suits, claims, liabilities or'demands in connection theremith however caused, resulting directly or indirectly from the installation, maintenance, use, existence replacement or removal of said radio equipment unless due to the sole negligence 5. The term hereby granted shall be extended at the end thereof for an additional term of one (1) month and thereafter from month to month, upon the same covenants and conditions, subject to thirty (30) days prior written notice by either party to the other of an intention to terminate the agreement. The motion was seconded by Mr. Davies and adopted by the'following vote: AYES: Council'members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young ................. 7. NAYS: None ........................... O. MUNICIPAL COURT: Council at its meeting.of January 28,1957, having directed~the preparation of an'Ordinance.creating the positional Substitute Municipal Judge, defining the powersand duties and*fmc of service of said Judge, and providing forthe:appotntment of two such Substitute Monicipal Judges,'tbe City Attorney presented the following OrdinanCe: UAN'ORDINANCE Providing for~theappointment of not,less thanone (1) nor more than two (2) substitute municipal Judges; providing when · and.onder what~conditions'they may actas substitute municipal Jodges and perform other magisterial services and the compensation they shall receive for.such services; aod~provldiog~for un,emergency. . SHEREAS,~pursaaot to tbeCity Charter.and*he general iam,~ / the Council is authorized to make prevision for one or more substitute municipal Judges and there has heretofore been ap- propriated by the Council a sum believed sufficient to pay the compensation hereinafter provided for; and ..' ~.. MHEB£ASo for the. Usaal~dally:o~erction'of the'municipal g6vercment, on emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage. .THEREFORE,,HE IT ORDAINED by the Council'of the City of ROanoke that 'rot the Municipal Court or'the City there shall hereafter be cot less than one (!) not more than.tug (2)~substltute'mnnlciPal Judges,~to be elected by the Council as hereinafter provided. One of such substitute municipal Judges, the first to be appointed ,hereunder, shall be elected to.serve~until September~30, 1960,.nnd until his successor shall have been elected cad qualified. Hereafter, during the mouth of September in the 7ear 1960.and during.the month of.Septeuber of every fourth year following the year 1960, the Council shall elect a substitute municipal:lodge to serve rot t term or~rour years from the first day of October next folloming his election and until his successor shall-have been elected etd qualified. The second such substitute municipal Judge, ir morethan one be appointed hereunder, shall be elected to serve until September 30. .'1950. Hereafter, during the month of September In the year 1958 and in the month of September of every fourth year following the year 1958. the Council may elect another such.substitute municipal Judge to serve, if elected, for a term of four years from the 1st day of October next follomin his election. Such substitute munlcipa~ Judge or Judges shall possess the same qualifications of a municipal Judge and shall serve at such times, and shall possess the powers and have the duties provided for substitute Judges in Section 16.1-21 of the 1950 Code of Virginia. as amended, and as'provided for. in the City Charter. and shall, whether they be serving as Judge of the court or not. have at all times the power to issue marrants and other processes, admit to ball. and exercise the Jurisdiction conferred on Judges of courts not of record by Section 16.1-30 of the aforesaid Code of Virginia. as amended, r Each such substitute municipal JUdge shall receive for his services compensation at the rate of $ per diem while serving as a Judge of the Municipal Court and shall receive for his services performed when not serving as a Judge of said Court compensation equal to that prescribed by law for like services when performed by other officers; it being expressly provided, however, that all such compensation shall be paid only upon written statement thereof, certified by such substitute Judge and approved by the chief municipal lodge. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect from its passage,w After some discussion of the Ordinance, Mr. Mebber moved to refer.the proposed Ordinance to the City Attorney for rewriting to provide, the same power for Substitute Municipal Judges as that of Municipal Judges while serving in lieu of a Municipal Judge and to provide for compensation of said Substitute Municipal Judges at the rate of $25.00 per diem while serving as a Judge of the Municipal Court. The motion mas secondedby Mr. Dillard and adopted. TRAFFIC-GRADE CROSSINGS-STREET~ AND ALLEYS: Council at its meeting of January 28, 1957, having directed the preparation of on Ordinance providing for a preliminary survey for location and cost estimate of a proposedfederal aid urban project for a projection of U. S~ Route 220 south from Hunter Memorial Bridge at Campbell Avenue toFranklin Road, S. Mo, as recommended by the City Manager, Mr. Mheeler offered thefolloming emergency Ordinance: (~12973) AN ORDIHAHCE providing for a preliminary survey for location ~nd cost estimate of a proposed Federal Aid Urban Project for a projection of U. Route 220 south of Hunter Memorial Bridge from Campbell Avenue to Franklin Road, S. M.;.spproprlating $9,000.00 to Street Construction - Rights of May to provide for payment of the ~cost thereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho; 22, Page Mr. Iheeler moved the adoption of the Ordinance. The motion mas seconded by Hr. Dillard nnd adopted by the follomieg rote: AVES: Council lembers Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young .................... NAYS: None .............................. O. MOTXOHS AND MISCELLANEOUS BUSINESS: SCHOOL HOARD: The Mayor stated that tm, vacancies exist on the Roanoke ~lty School Hoard by reason of the death of Mr. J. M. Rhodes and the resignation of Mrs. Grover C. LJgon and called for noslnations to fill said vacancies. Mr. Carter placed In nomination the name of Richard T. Edwards to fill the unexpired term of Mr. J. W. Rhodes os a member of the Roanoke City School Hoard, said term expiring June SO, 195S. There being no further nominations for said vacancy, Mr. Richard T. Edwards was elected as a member of the Roanoke City School Board to fill the unexpired term of Mr. J. W. Rhodes ending June 30, 1958, by the following vote: AYES: Council members Carter, Dories, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ..................... 7. NAYS: None ............................... O. Mrs. Pickett then placed in nomination the name of Mrs. Vernon C. M,,maw and Mr. Webber placed in nomination the name of Mrs. Margaret M. Tyrrell, both for the unexpired term of MFS. GFOVeF C. LEg,n, resigned, said term ending June 30, 1959. There being no further nominations, Mrs. Vernon C. M,,maw was elected as a member of the Roanoke City School Hoard to fill the unexpired term of Mrs. Grover C. LEg,n, resigned, expiring June 30, 1959, by the following vote: FOR MRS. MOOMAM: Council members Carter, Davies, Dillard and Pickett---4. FOR MRS. TYRRELL: Council members Webber, Wheeler, and the President, Mr. Young ..................... 3. YOUTH COMMISSION: The Mayor stated that there are two vacancies on the Youth Commission, the terms of the Meverend F. E. Alexander and Mr. #. W. WcCather~ having expired April 30, 1956, and called for nominations for two members of the Youth Commission for terms of two years each, said terms to expire April 30, 1958. Mr. Carter placed in nomination the names of the Reverend F. E. Alexander and Mr. W. M. McCatherno There being no farther nominations, the Rererend F. E. Alexander and Mr. N. N. McCathern mere reelected ns members of the Y,nth Commission for terms of two.years each, said terms to expire April 30, 1950. by the f,Il,ming vote: · ~ AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and'the President, M~, Young .................... 7. NAYS: None .............................. O. There being no further business, Council adjourned. APPROVED · Clerk 'P~e~ld~nt ,' ' ' .' .... COUNCIL, REGULAR MEETIRO, Hoodsy, February 11, 1957. The Council of the City of Roanoke met-la regular meeting in the Council Chamber ia the Municipal Uuildingo Mondoy, February 11,-1957. ct 2:00 ,*clock, p. m** the regulcr meeting hour, with the President, Mr. Yduug, presiding. PRESENT: Cooucil members Davies, Dillard, Pickett, Mebber, Mheeler. and the President, MrJ.Young ..... .-~ .... ~- .......... 6, . ABSENT: Mr. Carter ........ ~ ............ 1. · OFFICERS PRESENT:Mr, Arthur S. Owens, City Manager, Mr. Janes N. Klncanon Assistant City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk, INVOCATION: The meeting was opened uith a prayer by the Reverend C. M. Fink, Pastor of the Melrose Avenue Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, February 4, 1957, having been furnished each member of Council, upon motion of Mr. Davies, seconded by Mrs. Pickett and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: SYREET LIGHTS: The City Clerk presented a communication from the Appalachia Electric Power Company, transmitting o report corering the installation of seven 2500 lumen and eight 21000 lumen street lights and the removal of one 2500 lumen street light in the city during the month of January, 1957. STORM DRAINS: The City Clerk presented a petition signed by thirty-nine residents of Churchill Drive, N. M., requesting that action be taken to eliminate an unsanitary condition in the 2600 block of said street because of collection of Mr. Dillard moved to refer the matter to the City Manager. for study and recommendation. The motion was seconded by Mr. Mebber and adopted. STORM DRAINS: The City Clerk presented a conmnnication from Mr. John L. Hale, 2?28 Chatham Street, N. M., reqoesttng that action be taken to eliminate an onhealthy condition due to the collection of drainage water in and around his Mr., Wheeler moved to refer the matter to the City Mnnager for study and recommendation. The motion was seconded by Mr. Dillard and adopted. BUDGET-SCHOOLS: The .City Clerk presented o comnnnication from the faculty of Hasena School, expressing oppreciotion to Cooncil for the lmprorement of the The comnnnication was .ordered BUDGET-COMMONWEALTH'S ATTORNEY: Tho City Clerk presented a communication from the State Compensation Board, adristng that the salary of the Attorney for the Commonwealth has been increased from $9,300.00 to $110000.00, and thot the salary of the Assistant Commonwealth's Attorney has been increased from $5,?00.00 to $6,500.00, effective Januory 1, 1957, ,od transmitting an Order of the Hustings Court for the City of Roanoke, ordering said increases. Nr..Webber offered the following emergency Ordinance: (n!2974) AN ORDINANCE to amend and reordain Section a26, #Cowmoawealtb*s Attorney=, of the 1957 Appropriation Ordinance, end providing rot an emergency. (For.full text of Ordinance, see Ordinance Soak No. 22, Page 92.) Hr, Webber moved the adoption of the Ordinance. The motion was seconded by #r. Nheeler and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Nheeler, and the President. Mr. Young ..................... 6. NAYS: None .............. = ........ O. (Mr. Carter absent) TRAFFIC-GRADE CROSSINGS-STREETS AND ALLEYS: The City Clerk presented a communication from the City Planning Commission, recommending that Council make provision to control new construction within areas in which plans are being made for the widening of streets by withholding building permits for construction therein, pending completion of said plans. Hr. Dillard moved to file the communication. The motion mas seconded by Mr. Davies and adopted. PENSIONS: The City Clerk presented a communication from the Doard of Trustees of the Employees' Retirement System, transmitting a report on the investment portfolio of said system as prepared by the Advisory Committee on the Investment of Funds. The communication and report were ordered filed. CITY PLANNING CORRISSION: The City Clerk presented a communication from the City.Planning Commission, transmitting its annual report for lgSG. The communication and report were ordered filed. BOARD OF ZONING APPEALS: The City Clerk presented acommunication from the Board of.Zoning Appeals, transmitting its annual report for the year 1956. /The communication and report were ordered filed. CLAIMS: The City Clerk presented a communication from Mrs. Meade L.'Gunn, Silver Spring, Maryland, notifying the city of injuries received during a visit to Roanoke on the afternoon of December 20, lgS~, when she mas allegedly hit and pinned down by a fire-escape near.the corner of Jefferson Street and Church Avenue S. W., said fire escape, at the time, being tested by members of the Roanoke Fire Department. Mr. Webber moved to refer the matter to the City Attorney for study, consultation with the City Manager.and recommendation. The motion was seconded by Mr. Dillard and adopted. CLAIMS: The City Clerk presented a communication from Mr. John E. Barker, requesting payment in the amount of $8.50 for replacement of a wlndom glass broken by a flying rock caused by a city garbage truck at the residence of Mr. R. V. Hogan, 1015 Pechio Avenue, S. E.o Mr. Barker advising that he did the work at the request of Mr. Hogan who had received authority for same from Mr. Roy E. Richardson at the City Garage, that, subsequently, the City Manager approved the charge for payment, but that it mas denied by the City Auditor based on the ruling of the City Attorney.that under governmental immunity the city would not have to pay for the damage. The City Manager advised tknt ia his opinion tke city has u moral obligatio in tke matter and recommended that the charge be paid. Mr. Dillard moved to direct, the City Attorney to prepare · Resolution directing the payment of the claim in the au,ant of $0.50. The motion was seconded by Hr. Nebber amd adopted. REPORTS OF OFFICERS: STATE HIGHWAYS MITHIN CITY LIMITS: The City Manager reported that he has canned a study to be made on the questloa of establishing au alternate route for D. So Highway Route 221, as a result of a citlaen*s verbal request at the meeting of January 28, 1957, that Highway 221 be relocated in such a manner that it would not be located on Main Street, S. M.o the City Manager recommending t~at no change be made in the location of Highway 221 and advising that improved law enforcement and more legible signs prohibiting tracts moving over that section of the highway could eliminate through tracts from moving thereon rather than staying on the truck routes. Mr. Webber moved to concuF in the recommendation of the City Manager, with the understanding that he will administratively handle the matter concerning the movement of through tracts over the Manana section of Highway 221, and, further, make a new traffic survey over the same section and submit his report thereon to Council. The motion was seconded by MF. Nheeler and adopted. AIRPORT: The City Manager reported that Messrs. J. E. Owens and R. F. Huffman, partner· trading as Dixie Aviation Repair Service, and Mr. M. Clayton Lemon have failed to transfer the lease on Hangar No. I at the Roanoke Municipal Airport under the provisions of Resolution No. 12966° adopted on January 21, 1957, and that he has received a request from Messrs. Owens and Ruffman for authority to transfer said lease from J. E. Owens and R. F. Huffman, as partners, to R. F. Huffmano doing business ns Dixie Aviation Repair Service, effective February I, 1957, the City Manager recommending that the authority be granted. Mr. Dillard moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare the proper Resolution carrying out the request of Messrs. Owens and Huffman. The motion was seconded by Mr. Mheeler and adopted. CIYY MANAGER: The City Manager reported that in order to make proper use of a portable dictating machine in his private automobile it will be necessary to install therein a piece of city-owned equipment, which he recommended Council authorize. Mr. Davies moved to concur in the request of the City Manager and offered the following Resolution: (~12975) A RESOLUTION authorizing the installation of a vibrator power supply in the City Manager's automobile. (For full text of Resolution, see Resolution Book No. 22, Page Mr. Davies moved the adoption of the Resolution. Thq motion was seconded by Mrs. Pichett and adopted by the following vote: AYES: Council members Davies, Dillard, Plchett, Mebber, Wheeler, and the President, Mr. Young ........................ -6. NAYS: None ........................... O. (Mr. Carter absent) BUDGET-CITY JAIL-FIRE DEPARTMENT: The City Manager reported that he inadvertent!! railed to include in the 1957 budget request funds rot payment of insurance for the Garden City Firemen In the amount or $105.oo amd that the item of Repairs to Cook Store in the City Jail account has been depleted and should be supplemented by $100.00, which he recommended. Mr. Nheeler moved to concur Il the recommendation of the City Manager and offered the following emergency Ordinance: (a12976) AN OEOINANCE to amend and reordnin Section uso, 'Jail", and Section n62, "Fire Departmeat', of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 93.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by My. Davies and adopted by the following vote: AYES: Council members Davies, Dillard, Pichett, Nebber, Nheeler, and the President, Mr. Young ...................... 6. NAYS: None---~- ................... O. (Mr. Carter absent} AIRPORT: The City Manager reported that in revising the rate schedule at the Roanoke Mnnlcipal Airport, one section thereof, relating to landing fees or charges for certain transient aircraft, was overlooked, and recommended the adoption of an Ordinance providing for the revision of Subsection E of Section I of the Ordinance establishing said charges. . Mr. Davies moved to concur In the recommendation of the City Manager and offered the following emergency Ordinance: . : (~12977) ANORDINANCE amending and reordainlng subsection E.,:relating to landing fees or charges for certain transient aircraft, of Section ~l, Commercial Operations, of Ordinance No. 12953, establishing a schedule of Fates and charges for the use and operation of Roanoke Municipal Alrport~ (~oodrum Field); and provldlng for an emergency. {For full text of Ordinance, see Ordinance Book No. 22, Page 93.) · Mr. Davies moved the adoption of the'Ordinance. The motion was seconded by Mr. ~heelerand adopted.by the'following vote: AYES: Council members DavJes,,Dillard, Pickett, #ebber, Wheeler, and the President, Mr. Young ..................... 6 ..... · NAYS:None ....................... O. {Mr. Carter absent} .... REPORTS OF~COMMITTEES: . SALE OF'PROPERTY-STREET5 AND ALLEYS: The City Manager presentedan offer of Mr. H. J. Holdren to purchasefrom the city a certain strip DY landadJacent to the city's old rock quarry on Fourth Street, S. E., for a price.of $50.00, along with a recommendation_orca committee composed of messrs. Arthur. S. Owens+ Chairman Harry R. Yarns and Randolph G. #hittle that the offer be accepted, the City Manager advising thatin his opinion the strip of land in question was Inadvertent ly and erroneously retained by the city when selling the adjacent property, the- said strip lying betweenMr. Holdren*s property and the railway siding used in connection therewith. .~. ¸52 Mr. Dillard moved to direct the City Attornel to prepare an Ordinance providing ~or the sale or the property in ~uestioa to Mr. H. J. Holdrea at price of $50.00, as recommended by the committee nad the City.Manager. _The motion wes seconded by Mrs..Pickett cad cdopted WATER DEPAHTMEN'r: Council ut its meeting or February 4, 1957, having referred to a.committee COCSletllg or Messrs. Artbur S. Omens, Chairman, John L. Wentworth, G. H. Rustoa nnd fl. Cleans argyles for tabulation, study and recommendation bids received for miscellaneous, small area Improved hard surface street and sidewalh restoration occasioned by the normal daily operations of the Water Department, the committee submitted its report, advising that the bid of John A. Ball and Company. in the amount of $41.391.00. is low. and recommending that the said bid be accepted. Mr. Davies moved to concur in the recommendation of the committee and offered the following emergency Ordinance: (z12978) AN ORDINANCE accepting the proposal of John A. Ball and Company, Roanohe. Virginia. for miscellaneous, small area improved hard surface street end stdemalh restoration occasioned by the normal daily operations of the Water Department in the estimated total sum of $41.391.00. ga the unit price basis as set forth in the bid of said Company; authorizing and directing the City Manager to execute the requisite contract; and providing for an emergency. (For full text of Ordinance. see Ordinance Boob Bo. 22. Page Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Mr. Mheeler and adopted by the folloming vote: AYES:.Councll members Davies. Dillard. Pickett. Mebber. Mheeler, and the President, Mr, Young ...................... 6. NAYS: None ........................ 0. (Mr. Carter absent) UNFINISHED BUSINESS: CHESAPEAKE AND POTOMAC TELEPHONE COMPANY-STREETS AND ALLEYS: Council at It meeting of February 4. 1957o having tabled until las next regular meeting a request of the City Manager for an appropriation of $1H,400.00 for the purpose of widening Main Street, S. M** betmeen Ninona Avenue and Sherwood Avenue, in connection with the installation of a telephone cable conduit, the City Manager at the said nearing having advised Council that the Chesapeake and Potomac Telephone Company had not worhed out final details of an alternate route for the said cable line through the Wasena section, the City Manager reported that he has been advised by the telephone company that its engineers have worked out the details for the alternate route of the said cable line and could use the alternate route, thereby not disturbing Main Street. Mr. Wheeler moved to deny the request for the appropriation as made by the City Manager. The notion was seconded by Mr. Dillard and adopted. ZONING: Council at its meeting of January 29, 1957, having referred to the City Planning Commission for study and recommendationa request of Mr. William O. Crutchffeld and Trustees of the United Association Plumbers and Steamfltters Local Union 491 that their properties located on the west side of Conpton Street, N..E., at the-~etersectloe or Wayne Street, bereuoued fro· General Residence District to Business District, the City Planning Commission submitted its ~eport, advising that it£eels the requested reuoelmg would be a eaturul extension or the Business District ·hlch ·ill not materially change the general character of the immediate neighborhood, and recommended that the request of the petitioners be. granted. Mr. Webber moved to hold a public hearing oR the request et 2:00 o'clock. p. · * #arch 11~ I957~ in the Council Chamber in the Municipal Building, the attorney for the petitioners to prepare the proper notice or said hearing, hare it approved by the City Attorney end present it to the City Clerk for publication. The motion ·as seconded by Mr. Wheeler and adopted. CONSIDERATION OF CLAIMS: NONE, INTRODUCYION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: RADIOS-PARKS AND PLAYGROUNDS: Ordinance No. 12g72, authorizing and directin the lnaslug of certain space In the radio transmitter building atop Rill Mountain, and on the to·er adjacent to said building, to The Chesapeake and Potomac Telephone Company of Virginia upon certain terms and conditions, having previously been before Council for its first reading, read and laid over, ·as again before the body, Mrs. Pickett offering the folio·lng for its second reading and final adoptl~n: (s12972) AN ORDINANCE authorizing and'directing the lease of certain space in the Radio Transmitter Building atop Mill Mountain. and ou the tomer adjacent to said building, to The Chesapeake and Potomac Telephone Company of Virginia upon certain terms and conditions. (For fall text of Ordinance, see Ordinance Book No. 22, Page 90.) Mrs. Pickett moved the adoption of the Ordinance. The motion ·as seconded by Mr. Wheeler and adopted by the folio·lng vote: AYES: Council members Davies, Dillard, Plchett, Webber, Wheeler, and the President, Mr. Young ...................... 6. . NAYS: None ........................ O. (Mr. Carter absent) BUDGET-pURCHASE OF PROPERTY-SCHOOLS: Council at its meeting of February 4, 1957, having directed.the preparation of proper Ordinances carrying out the request of the Roanoke City School Board concerning the purchase of tmo parcels ' of land for school sites, Mr. Davies offered the follo·ingemergency Ordinance ~appropriating sufficient fnnds to purchase thet·o parcels of land in question: (~12979) AN ORDINANCE to amend and reordaln Section ~142, *Transfer.to Improvement Fund', of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 95.) Mr. Davies novedthe adoption of the Ordinance. The motion was seconded by Mr.'Wheeler andadopted.by the folio·lng vote: . AYES::Council members Davies, Pickett, Webber, Wheeler, and the NAYS: Mr. Dillard .......... l. iMF. Carter absent) 53 Hr. Wheeler then offered the rollomlag emergency 0rdiuuuce providing.for the purchase or the A. W. Coon lind: (n12900) AN ORDINANC£ providing for the ucquisltlon of 10.24 ceres of lnsd on the mest side of Rollins Road, lB the CSt7 of Roonoke, rot public school purposes~ providing rot the terms or such acquisition iud rot the payment therefor; and providing for in emergency. '(For full text or Ordinance, see Ordinance Dock No. 22, Page 96.) Hr. Wheeler moved the adoption or the Ordinance. The motion nas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young .................. NAYS: None .................... 0. (Mr. Carter absent) Mr. Davies then offered the following emergency Ordinance providing for the purchase of the Alzie $. Williams land: (a12981) AN ORDXr~ANCE providing for the acquisition of 14.205 acres of land in the northwest section of the City of Roanoke, for public school purposes; providing for the terms of such acquisition and for the payment therefor; and provldJng for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 97.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the folloming vote: AYES: Council members Davies, Pickett, Webber, Wheelec and the President, Mr. Young ......................... NAYS: Mr. Dillard ......... 1. (Mr. Carter absent) BUDGET-MUNICIPAL COURT: Council at its meeting of February 4, 1957, having directed the rewriting or a proposed Ordinance providing for the appointment of Substitute Municipal Judges, Hr. Webber offered the following emergency Ordinance: (~12962) AN ORDINANCE providing for the appointment or not less than one (1) nor more than tmo (2) substitute municipal judges; providing mhenand under what conditions they may act ns substitute municipal judges and the compensation they shall receive for such services; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 99.) Mr. Webber moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................. NAYS: None .......... ~ ........ O. (Mr. Carter absent) ARMORY: Council at its meeting of February 4, 1957, having directed the preparation of an Ordinance providing for the awarding of a contract for concession privileges at the.National Guard Armory to Mr. Samuel A. Garrison, Mr. Dillard moved that the following Ordinance be placed upon its first reading: (~12983) AN ORDINANCE.granting certainconcession rights and privileges aX the National Guard Armory upon certain terms and conditions and authoriaing the City Manager to execute a contract with relation thereto. MD£REAS, the City has heretofore caused public advertisement to be made for bids for certain concession rights and privileges at the National Guard Armory for e period"of the current calendar year with un udditlouol privilege of renewal rot t,o additional yearsl and ~ ~ ... MNERHAS, in respoese to the Cltyts advertisement, only one bid was received, which said bid, made by Sam Garrison, was opened in the office~or the City Purchasing Agent on January 29, 1957, and thereafter reported to the City Manager end to the Councll~ and . MNEREAS, the City Manager has recommended that ~the said Sum Garrison be awarded the concession privileges hereinafter mentioned, in accordance with the City's requirements and said bidderts written proposal. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the written proposal made by Sam Garrison to the City for the operation of certain concession rights and privileges at the National Guard Armory for the remainder of the current calendar year be, and the same is hereby, accepted, subject to the terms and provisions hereinafter contained. HE IT FURTHER ORDAINED that the City manager be, and he In hereby, authorized and directed, for and~on behalf of the City, to enter into a mritten agreement with the said Sam Garrison pursuant to which the said City grants to t~ said Garrison the sole and exclusive right and privilege to make sale of food, confections, tobacco, soft drinks and beverages, (except beer, wine or other alcoholic drinks or intoxicants), in the National Guard Armory for the period of the current calendar year but with an option to the said Garrison to re- new the said contract for two (2} additional one year terms provided, in the case of each such renewal, the said concessionaire shall have conducted his business in a manner which, in the sole Judgment of the City Manager, shall have been satisfactory to the City; the said concessionaire to agree to pay to the City for said rights and privileges a sum equal to six per cent (6~) of all of the gross sales made on the premises by said concessionaire or those under him, settlements and payments to be made with and to the City mithtn three (3) days after the end of any such activities or sales; the said contract to contain all such other terms and provisions as were contained in the proposed form of contract furnished to bidders by the City in the premises, and on which form is contained the bid, or proposal, of the said Sam Garrison and mhich said form of contract is incorporated into this Ordinance by reference. The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Dillard, Pichett, #ebber, Sheeler, and the President, Mr. Young ..................... 6. NAYS: None ....................... 0. (Mr. Carter absent) TRAFFIC: Council at its meeting of February 4, 1957, having directed the preparation of an Ordlnacce proriding for the installation of traffic control signals on {llliamson Road at the intersections of Comp*on Street, N. Ho, and Mayne Street, N. E., Mr. Mheeler offered the following emergency Ordinance: (t12994) AN ORDXNANC£ providing for the installation of certain traffic control signals and related equipment on Milllamson Road; authorizing adequate easements to be acquired therefor; authorizing the City Manager to enter into contract with certain property owners relating to the cost of a part of such equipment; and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 22, Page 100.) Mr. Mheeler moved the adoption or the Ordiaeoce. The motion Was secooded by Mr. Mebber eld adopted b! the f,Il,sing vote: AYES: C,un,il members Davies, Dillard, Pickett, Webber, Wheeler° end the Preside,t, Mr. Young ...................... 6. NAYS: None ........................ O. (Mr. Carter absent) MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being ao fnrther bnsiness. Council adjourned. APPROVED President . COUNCIL, REGULAR MEETING, Monday, February 18, 195T, The C,ascii of the CltF of Roanoke met In regular meeting lu the Council Chamber in the Municipal Building, Monday. February 18. 1957, at 2:00 ,*clock, p, m** the regular meeting hour, with the President. Mr. Young, presiding. PRESENT: Council members Carter, Davies, Dillard, Pickett, Webber, Rheeler and the President, Mr. Young ..................... 7. ABSENT: None ............................. O. OFFICERS PRESENT: Mr, Arthur S. Owens, City Manager, Mr. James N. Kincanon Assistant City Attorney, Mr. Harry R. Yarns, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Van Franc Garrett, Rector, Christ Episcopal Church. MINUTES: Copy.of the minutes of the regular meeting held on Monday, Februar 11, 1957, ha~ing been furnished each member of Council, upon motion of Mr. Mheeler, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEAR lNG OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a petition from Dixie Applianc Company, Incorporated, requesting that a partially undeveloped street known as Shenandoah Valley Avenue, N. E., running north 500 feet from Forest Hill Avenue to Lot 4, Block 11, Laurel Terrace Map, and Lot 17, Block 12, Laurel Terrace Map, be vacated, discontinued and closed, and requesting that viewers be appointed to view said street, as required by Section 15-766, Code of Virginia. Mr. Mebber moved to refer the petition to the City Planning Commission furl study and recommendation. The motion was seconded by Mr. Mheeler and adopted. Mr. Carter then offered the following Resolution providing for the appointment of the viewers: (a12965) A RESOLUTION providing for the appointment of five freeholders, any three or more of whom may act, as viewers in connection with the petition of Dixie Appliance Company, Inc., a West Virginia Corporation, to permanently vacate, discontinue, and close that portion of Shenandoah Valley Avenue, N. E., running north 500 feet from Forest Rill Avenue to Lot 17, Block 12, and to Lot 4, Block Ill according to the Map of Laurel Terrace Corporation. (For full text of Resolution, see Resolution Book No. 22, Page 102.) Mr. Carter moved the adoption of the Resolution. The motion was seconded by Hr. Davies and adopted by the f,Il,ming vote: ~ AYES: Council members Carter,.Davles, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ..................... NAYS~ None ............................... O. SEMAGE DISPOSAL: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, requesting that the contract of September 29, 1954, between the City of Roanoke iud the Count! of Roanoke, dealing with the treatmelt or domestic and commercial wastes, be amended to include un urea lying along State Route No. 601 esst of Carvlus Creek. Hr, Mheeler moved to refer the Resolution to I committee consisting of messrs. Roy L, Nebber, Chairman, #alter L, Young, Arthur S. Owens and Randolph G, Mhittle for study and recowmendntloa. The wotion was seconded by Mr. Darien, and adopted. TRAFFIC: The City Clerk presented a Communication frow Arthur, requesting th~study and consideration be given to alleviating the congested traffic conditions at Thirteenth Street and Hale Avenue, S. E. Mr. Carter moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: APPOINTMENTS*RESIGNATIONS: The City Manager reported the appointment of Mr. Gilbert H. Ruston as Manager of the Mater Department, effective Jsnnary 1956; the appointment of Mr. L. Graham Haynieo Jr** as a member of t~c City Planning Commission, effective February 12, 1957; and the resignation of Mr. Clarence E. Cocke as patrolman In the Police Department, effective January 23, 1957 Mr. Carter moved to file the report. The wotion was seconded by Hr. Davies and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ARMORY: Ordinance No. 12993. granting certain concession rights and privileges at the National Guard Armory to Mr. Samuel A. Garrison, having previousl been before Coancil for its first reading, read and laid over, was again befgre the body, Mr. Davies offering the following for its second reading and final adoption: (u129f13) AN ORDINANCE granting certain concession rights and privileges at the National Guard Armory upon certain terms and conditions and authorizing the City Manager to execute a contract with relation thereto. (For full text of Ordinance, see Ordinance Book No. 22, Page 101.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, ~heeler, and the President, Mr. Young ................ NAYS: None .......................... O. AIRPORT: Council at its meeting of February 11, 1957, having directed the preparation of a Resolution consenting to the asiignment by Mr. J. E, Owens to Mr. R. F. Huffman of his interest in a certain lease of the cityts Hangar No. 1 at the Roanoke Municipal Airport, as recommended by the City Manager, Mr. Mheeler offered the following Resolution: (~12986) A RESOLUTION relating to a certaiu lease from the City to J. Owens and R. F. Huffman, partners, trading as Dixie Aviation Repair Service, beret*rote made under date of December 10, 1952, nnd consenting to the aabatitut~n of Robert,Y. Huffmen as the City*s sole lessee thereunder and to the release of J. E. Omens as u lessee thereunder, upon certain terms and conditions. (For fall text of Resolution, see Resolation Rook No. 220 Page 103.) Hr. Rheeler moved the adoption or the Resolution. The motion mas accorded by Hrs. Pickett nnd adopted bi the foil*ming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Wheeler, and the Yresident, Hr. Young ................... 6. RAYS: Hr. Webber ............... 1. CLAIRS: Council at its meeting of February 11, 1957, having directed the preparation of a Resolution authorizing payment of a claim in the amount or So.so rot replacement of a windnm glass in the home of Hr. R. V. Hogan, 1015 Peehin Avenue, S. £., broken by a rock thrown by a city garbage track, Hr. Davies offered the following Resolution: (al2ga?) A RESOLUTION authorizing the payment of a claim for damages in the amount o~ $8.50 against the City occasioned by the accidental breaking of a window glass, the property of R. V. Hogan. (For full text of Resolution, see Resolution Oook No. 22, Page 104.) Hr. Davies moved the adoption of the Resolution. The notion mas seconded by Hr. Carter and adopted by the following rote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, eheeler. and the President, Hr. Young .................... NAYS: None .............................. O. MOTIONS AND RISCELLANEOUS BUSINESS: NONE. There being no further business. Council adjourned. APPROVED President COUNCIL, REGULAR NEETING, Notdsyo February 25, 1957. The Council of the City of Roanoke met ia regular meeting in the Council Cktmber in the Municipal Building, Hoedey, Febrnery 25, 1957, at 2:00 ,*clock, p. t.. the vernier Beating hour, with the President, Mr. Young, presiding. PRESENT: Council members Carter. Davies. Dillard, Pickett. Webber, Nheeler, and the President. Mr. Young .................... ?* ABSENT: Note ............................ O. OFFICERS PRESENT: Mr. Harry R. Yarns, City Auditor and Acting City Manager, Mr. Randolph 6. Hbittle. City Attorney. and Hr. ~. Robert ThORnS, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Eugene Sowder, Pastor of the Noodlawn Rethodist Church. MINUTES: Copy of the minutes of the regular meeting held on Bondey, February lB, 1957, having been furnished each member of Council. upon motion of Mr. Carter. seconded by Br. Wheeler and adopted, the reading was dispensed with and the minutes approved as recorded. ~EARING OF CITIZENS UpON PUBLIC HA~*TERS: GRADE CROSSINGS-STREETS A~O ALLEYS: Connel! at Its meeting of January 21. 1957, having ~eferred to the City Planning Commission for study and recommendation the question of permanently vacating, discontinuing and closing as a public street that portion of Jefferson Street located between the north line of Norfolk Avenue and the south line of Shenandoah Avenue, and having appointed Messrs. H. E. Murray, R. L. Rush and M. E. Bale as viewers to view said street and report thereon pursuant to the provisions of Section 15-766 of the 1950 Code of Virginia, and having established a public hearing on the question to be held at 2:00 o'clock, p. m., February 25, 1957, in the Council Chamber, notice of which hearing was published in The Roanoke World-News on February 15, 1957, the City Clerk presented a communication from the City Planning Commission, recommending that the aforesaid portion of Jefferson street be abandoned, and a report of the viewers, advising that after viewing the aforesaid portion of Jefferson Street in tkeir opinion no inconvenience would result from tko closin9 of same; mhereupoe, the hearing was held at which no nee appeared either for or against the proposed closing. Mr. Wheeler moved that the following Ordinance be placed upon its first reading: (~l~9~B) AN ORDINANCE permanently vacating, discontinuing and closing that portion of Jefferso~ Street located between the north line of Norfolk Avenue and the south line of Shenandoah Avenue. WHEREAS, Council has heretofore on its omn motion proposed the closing of that portion of Jefferson Street hereinafter described and did, by Resolution No. 12964, appoint viewers to view said street and report to the Council as pro- vided by law and, further, referred said matter to the City Planning Commission for a study and report to the Conncil on the advisability of closing said street; and HI~REAS, #essrs. R, Lo Rash, H. £. Hale and H, £. Hurray, the viewers heretoforo appointed os aforesaid, arier making oath that they mould Faithfully and inpartially discharge their dukies as viewers° have taker a view of said street nad hove reported ia the Council il writing abut ia their opinion aa inconvenience would result From the closing of the portion of JeFFerson Street hereinafter mentioned and hare recommended that the same should be permnnently vacated, closed and discontinued, without abridgement, homever, of the Cltyts right in a certain easement hereinafter meaticaedl end HHEREAH, the City Planning Commissien has likewise recommended to the Council that said portion of said street should he permanently vacated, closed and dlscoatinaed; and NH£REAS, Council is itself of opinion that no inconvenience would result from such closing and that tbnt portion of Jefferson Street hereinafter described should be permanently vacated, closed and discontinued subject to the City*s rights heretofore acquired pursuant to the deed of easement hereinafter mentioned. THEREFORE° BE IT ORDAINED by the Council of the City of Roanoke that that portion of Jefferson Street lying between the north line of Horfolk Avenne and the south line of Shenandoah Avenue 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 portion of said former street is hereby released insofar as the Council is empowered so to do. the City of Roanoke. however, reserving unto itself an easement for the maintenance, repair and replacement of any existing water lines, sewer lines, storm drains or other public utilities heretofore constructed in said former street and especially reserving said Cityts right In theeasenent to construct and maintain a pedestrian underpass under the track lines of the Norfolk and Nestern Railway Company as acquired by the deed of easement fFom said company to the City made under date of April 1, 1954, DE IT FURTHER ORDAINED that the City Engineer be. and he is hereby, directed to mark *Permanently Vacated, Discontinued and Closed SubJect to the Reservation of CertainEaseoents". that portion of said former street herein vacated on all maps and plats on file in his office, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke wherein this Ordinance shall be spread. HE IT FURTHER ORDAINED that the Clerk of this Council shall deliver to the Clerk of the Hustings Court of the City of Roanoke, Virginia, an attested copy of this Ordinance lnorder that said Clerh may make proper notation au all maps or plats'¥ecorded inhis office upon which is'shown that portion of said street herein permanently vacated, discontinued and closed. . .... The motion was seconded by Mr.~Davles and*adopted by the.following vote: ~AYES: Council members.Carter, Davies, Dillard, Pickett, Mebber and ·heeler ....................... 6 ~., NAYS: None ............ O. (The President. Mr. Young. not voting) PETITIONS AND COMMUNICATIONS: LIBRARIES: The City Clerk presented a communication from the Oakland Parent Teacher Association, along math a petition of approximately 354 residents of the Nllliamson Road area, requesting that Council provide better library facilities in the Mllliamson Road section. Mr. Dillard moved to refer the matter to the Library Hoard for study and recommendation.' The motion was seconded by Mr. Nkeelev and adopted, SCHOOLS: The City Clerk presented a communication from the Department of Classroom Teachers of the Roanoke City Education Association, expressing apprecia- tion for Conncil*s approval of the entire budget as requested by the Roanoke City School Hoard for the year 1957. Mr. Carter moved to file the communication. The motion mas seconded by Mr. Davies and adopted. ~SCHSOLS: The City Clerk presented a communication from the f.lcnlty of Jamison School, expressing appreciation for the increase in teachers' salaries granted by Council In the 1957 budget. Mr. Davies moved to file the communication. The motion was seconded by Mr. Carter and adopted. REPORTS OF OFFICERS: STORM DRAINS: Council at its meeting of February 11, 1957, having referred to the City Manager for study and recommendation a communication from Mr. John L. Hale, requesting that action be taken to eliminate drainage water collecting in front of his home at 2729 Chatham Street, N. M., the City Manager reported that this location will be carefully studied and considered for inclusion in the areas to have drainage shafts to be sunk from the $15,000.00 appropriated in the 1957 budget for that purpose, bet that final decision as to the location of said drainage shafts will not benade for several weeks yet. Mr. Dillard moved to refer the matter hack to the City Manager for a full detailed study and to report mltb bls recommendation. The motion was seconded by Mr. Mheeler and adopted. STORM bRAINS: Council at its meeting of February 11, 1957, having referred to the City Manager for study and recommendation a petition from residents of Churchill Drive, N. ~., requesting that action be taken to eliminate drainage mater standing in the 2500 block of said street, the City Manager reported that the main collecting point for mater in this area is two lots which have been set aside in the subdivision asdrainage areas and that practically all of the mater collecting therein is on private property, that in his opinion the many areas on public property where water collects after rain should be considered ahead of this specific case. Mr. Mebher moved to refer the matter back to the City Manager for a full detailed study and to report with his.recommendation. The motion wasseconded by Mr. Mheeler and adopted. STADIUM: The City Manager.reported that under authority granted by Council at its meeting of December 17, 1955, the Purchasing Agent has received bids for n tarpaulin to cover the football field at Yictory'.Stediam from Dire Awning and Tent Compauy,~Susayslde Awning and Tent Company, Incorporated, GrnvesoHumphreys ' Hardmare Company, Incorporated, C. R. Daniels, Incorporated, Tidewater Supply Coapuuy,~lucorpornted, Halson Hardware CompUUyo N, laid Company, Incorporated, R. P.'Johasoa Sous, Pittsburgh Materproof Company, Electro Plastic Fabrics, Incorporated, nad Fellowcrart Engineering, Incorporated, and that the bid of ,Ire Awning nad Tent Company of $11,360.99 is the low.bid meeting specifications, the City Manager recommending that this bid be accepted. The City Manager also submitted · communication from the Director of Parks and Recreation, stating that it is his opinion the bids should be referred to a committee to consider the bids submitted by Dlze Awning and Tent Company and Susnyslde Amsing and Tent Company, Incorporated, and to ~lso consider the desirability of 13. S-ounce, lO-ounce nylon or 12.63 canvas corers. Mr. Nebber moved to refer the bids to a committee composed of Messrs. M. D. Carter, Arthur So Omens and Robert P. Bunter for study and recommendation. The motion was seconded by Mr.~Oavles a~d adopted. -STREET LIGHTS: The City Homager submitted a report, recommending the installation of fifteen street lights at various locations in the city. Mr. Carter moved that Council concur in the recommendation of the City Hanager and offered the f,Il,ming Resolution*: (m12989) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For'full temt of Resolution. see Resolution D,ok No. 22, Page lOS.) Mr. CaFteF moved the adoption of the Resolution. The motion was seconded by HF. Davies and adopted by the following vote: AYES: Council membqrs Carter, Davies, DJllaFd, Pickett, #ebber, Nheeler, and the President, Hr. Young ..... ~ ............ ?. NAYS: None .............................. ~0. GARBAGE REMOVAL: The City Manager reported that the Purchasing Agent has received~blds for the purchase of threelG-yard capacity all steel enclosed garbage bodies with hydraulic packing device and shredding device in-loading hopper from Baker Equipment Engineering Company, In the amount of $15,360.00, and Southern Machinery and Supply'Company, in the amount of $15,~67.20, the City Manager recommending,that the low bid of Baker Equipment Engineering Company be Mr. Gordon C. St. Clair, rep~eseu~ing Southern Machinery and Supply Company, appeared before Council a~d stated that his bid, on its face, is $7.20 higher than that of his competito~, bat that he Included In his specifications painting of the three trmck bodies, estimated to cost.$540.00, which should make his bid Hr. R. Paul Fultz, representing Baker Equipment Engineering Company, appeared before Council and statedthat his bid was submitted based on the city*s specifications and is the Iow bid therefor, Hr. Fultz pointing oat that the city*s specifications for the purchase of the equipment on which the bodies will be mounted provide for the painting of both the bodies and the chassis. '63 Hr. Nheeler moved to refer the bids to u committee to be appointed by the Hayor for study and recommendation. The motion was seconded by Rt. Dillard amd adopted. The Mayor then appointed #essrs. Herbert A. Davies. Chulrman. Benton O. Dillard, Arthur S. Omens and John L. Weatmorth as a committee ret this purpose. REI~)HTS OF COHMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF C{~IWS: NONE, IN3RODUCYION AND CONSIDERAYION OF ORDINANCES AND RESOLUTIONS: SALE OF ~O~I~RYY-STREEYS AND ALSYS: Conncil at its meeting of February 11, 1951, having directed the preparation of an Ordinance for the sale of a strip of land adjacent to the city's old rock quarry gu Fourth Street, S. E., at a price of $50.00, Hr. Carter moved that the following Ordinance be placed upon its first reading: (a12990) AN ORDINANCE authorizing and directing the sale and conveyance to D. J. Holdren and Louise S. Holdren of a portion of certain property owned by the City situate on the south side of 4th Street, S. E., between 3 1/2 Street, S. E.. and Highland Avenue, S. E., upon certain terms and conditions. WHEREAS, R. J. Holdrea, on behalf of himself and his wire, has offered to ~urchase from the City the small strip of land hereinafter described at a purchase ~rice of $50.00 cash; and WHEREAS, a committee, composed of City Officials, has recommended to the Council that the City has no use for said strip of land and that the aforesaid offer is a fair and reasonable consideration to be paid for said land and that saic offer should be accepted; and WRER£AS, Council concurs in the report of the aforesaid committee and deems it to the best interest of the City to accept said offer and to authorize the sale and conveyance of said land upon the terms hereinafter provided. THEREFORE, RE IT ORDAINED by the Council of the City of Roanoke that the offer of H. J. Roldren to purchase and acquire from the City for himself and his wife, that certain strip or parcel of land situate in said City and bounded and described as follows, to-wit: DEGINNING at a point on the present sout~ line of 4th Street, S. E., 233.75 feet southwesterly from the southwest corner of Highland Avenue and 4th Street, S. E.; thence from the beginning point and following the present west property line of H. J. Boldren, et uX., S. 6° 05' W. 46 feet to n point; thence still with said west property line, S. ?o 10" N. 29.0 feet to a point; thence, N, 43° OS' ~. 7.55 feet to a point on the east line of the Virginian Railway Coupuny"s raii- road siding; thence with the east line of said right of way, N. 12° 43" E. 25.0 feet to a point; thence continuing mlth the east line of said right of way, N. H° 06' E. 43,4 feet to a point on the south line of 4th Street, S. E.; thence with the south line of 4th Street, N. 53° 02' E. 2.6 feet to the place of BEGINNING; The'strip of land hereluabove described being more particularly shown on a cur- tell Nap Showing Survey of City of Roanoke Asphalt Plant Property, etc., prepared in the Office of the City Engineer, Roanoke, Virginia, under date of May 20, 1946. re- vised Jammer% T. 1952, as Plan No. 1806, to mhlch said nap, on file la the office of said City Engineer, reference is hereby made; for u consideration or $$o. oo cash, be, and the same is hereby, accepted. BE IT FURTUER ORDAINED that, upon payment to the City of the aforesaid purchase price, the proper City officials shall be. and they are hereby. authorized and directed to execute, acknowledge and deliver to the said H. J. Holdren and Louise S. Holdren. husband and wife. as tenants by the entirety with right of survivorship as at common law. the strip of land hereinabore described. the Cltyts said deed to contain a special warranty of title and to be upon such form as Is prepared and approved by the City Attorney. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Rubber, Nheeler, and the President, Mr. Yonng .... ~ ............... ?. NAYS: None .............................. O. nOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-CITY TREASURER: Council at its meeting of February 4, 1957, upon receipt of a request of the City Treasurer for an increase from $400.00 to $2,925.00 in an appropriation for the purchase of three metal cabinets for the storage of tax tickets, having directed the City Treasurer to submit his request to the State Compensation Board for its approval and to thereafter present the matter back to Council, Mr. J. H. Johnson appeared before the body and stated that the State Compensation Board has approved his request and a copy of said Board*s approval is on file with the City Clerk, Mr. Johnson, therefore, requesting that Council appropriate an additional $2,525.00 to his account for the above purpose. Hr. Dillard moved to concur in the request of the City Treasurer and offered the following emergency Ordinance: (u12991) AN ORDINANCE to amend and reordaln Section ~144, *Departmental Equipment and Improvements*, of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 106.) Hr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, lubber, Ibeeler, and the President, Mr. Young .................. NAYS: None ............................ O. HOUSING AUTHORITY-PLANNING: Mr. Richard L. Beck, Executive Director, City of Roanoke Redevelopment and Housing Authority, appeared before Council and sub- mitted a communication, advising that under a new section of the Housing Act it is now possible for the local Housing Authority to obtain funds for feasibility surveys from the federal government without Council committing itself in any manner for said funds and requesting that Council instruct the City Planning Commission to hold iR obeyeece any further study of the Authority*s request of August 10, 1956, mbieh sas referred to the Planning Co~lssion by Council at its meeting or August 13i ~9~6~ asking Council to request the Souse Home Finance Administrator of the United S~ates to reserve'$2~o~o,o0o, oo or capital grunt funds end to authorize the Redevelopment and flousiog Authority to mahe application to t~ said Administrator for planning funds ia the amount of $250,000.00 for the planning of · redevelopment p~ogram to cover approximately 1,500 acres Jn thc central part of the city. Hr, Heck further stated that if and when Council approves any project of the City of Roanoke Redevelopment and Sousing Authority under the above prugraw any cos~ expended in a feasibility survey will then be included in the project Hr. #ebber moved to concur in the request of the City of Roanoke Redevelop- ment and Housing Authority. The motion was seconded by Mr. Carter and adopted. ELECTIONS: The 'City Clerk reported the qualification of the folloming Board amd Commissio~ members: Hr. C. Cecil Flora, member of the Board of Zoning Appeals; Messrs. John R. Thompson and Eugene S. Brown, members of the Board of Housing and Hygiene; Mr. L. Graham Baynie, Jr., member of the City Planning Commission; and Hr. Richard T. Edwards and Mrs. Vernon C. Moomaw, members of the Roanoke City School Board. The report was filed. There being no further business, Council adjourned. APPROVED President ~ COUNCIL, REGULAR MEETIHO, Monday, March The Council of the City of Roaaohe met ia regular meeting ia the Council Chamber in the Municipal Building, Monday, March 4, 19ST, nt 2zOO o*cloch, po m,, the regular meeting hour, with the Vice President, Mr. Carter,.preslding. PRESE~: Council members Davies, Dillard, Pichett, Webber, Mhee~er, and the Vice President, Mr. Cs~ter ................. 6. ARSE~T: The President, Mr. Young ....... OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, MM. Randolph G. Mhittl* City Attorney, Mr. Harry R. Yat~s, City Auditor. and Mr. J. Robert Thomas, City Clerk. INVOCATION: The me,ting mas opened with a prayer by the Reverend C. Eaton Gray, Pastor of-the Villa Heights Methodist Church. MINUTES; Copy of the minutes of the regular meeting h~ld on Mo~day, Februar 25, 1957, ha~in? been furnished each member of Council, upon motion of Mr. Davies. seconded by Mr. Wheeler and adopted, the reading mas dispensed with and the minutes approved as recorded. BEARI~O OF CITIZENS UPON PUBLIC MATTERS: : STADIUM: Pursuant to properly advertised invitations for bids by the Purchasing Agent, bids as listed hereinafter were received. Prior to the opening of the,Bids, the City. Clerk reported that the bid of Varney Electric Company mas received forty-fay? minutes after the deadline for filing bids in his office, Hr. E. R. Varney advising that he had been unable to secure his bidder*s bond because of the absence of his agent from the city. Mr. Davies moved to receive the bid of Varney Electric Company and to open same along with the other bids. The motion mas seconded by Mr. Wheele~ a~d adopted, The City Clerk then proceeded with the opening of the following bids: For installation of an electric lighting system under the west s~and at Victory Stadium: Varney Electric Company? $8,85~.00; Engleby Electric Company, Xncorporated, $11,791.51; Mason Ho Llttreal, $11.614.00; Muddlman*Electric Company, $14,455.00; J.M. Murphy Company, Xncorporated, $10,030.00; Jefferson Electric Company, Incorporated, $1~.5~9.20; Cross Electric C~mp~ny, $11,T25.69; and Clayton O. Tlnnell, $11,000.00. For construction of a concrete floor under the west stand at.Victory Stadium: S. Lewis Lionberger, $10,48~.50; J. FoBarbour and Sons, $20,452.98; Hartmao Construction Company, $21,T07.42; Wiley N. Jackson Company,.$19,630.O0; Adams Construction Company, $2g,00§.24; Pioneer Construction Company, Incorporated, $16,954.00; D. E. ~orley, $2~,OS4.00;.and McDowall and Wood, Incorporated, For constructioe of a concrete and-prestressed cencret?pedestriae bridge over Roanoke River between SouthRoanoke.Park andMaherFteld: E. F. Blanhensbip Company, $35,361.00; Wiley H. Jachson Company, $25,425.00; and D. R.-Morley, · $27,500.00 ....... Mr. Mebbermoved to refer the bi~s to a committee consisting.of Ressrs. Herbert A. Davies, Chairman, Dento~ O. Dlllar~ Arthur S. Owens, John.L. Wentworth and H. Cletus Hroyles for tabulation and-recommendation. *The motion~was.seconded by Mr. Wheeler and adopted. : ......... . PETITIONS AND CORRUNICATIONS: ZONINGt.The Cloy'Clerk presented t commuelcntion from Claude R, and Aubre! L, Perfnter, requesting then property described ns Lots I ned 2, Rlock 2, #est Pork. uou zoned ns Specinl Residence District, nad property described os Lots 11-15, inclusive; Rlock 2, Nest Park, eom zoned sa General Residence District, be rezoeed to Rusiness District,' Mrs, Pickett moved to refer the matter to the City Plummlog:Commissioe for study ned recommendation, The motion uss secooded b· Hr, DaVies end adopted. STREET NARES-ROUSE NUERERS: The City Clerk presented o commuhicetion ires the Reverend Lloyd E, Sechriesto requesting that the mhthoh of naming and numbering streets and numbering houses in the city be revised, Rt. Dillard moved to refer the request to the City Manager for his cohsider~ tieR. The motion mas seconded by Rt. Davies end adopted, GRADE CROSSINGS-STREETS AND ALLEYS: The CS!· Clerk presented a communica- tion from R~. Ralph A. Glasgow, asking that Council request the Virginian Rnilwa! Company to maintain a crossing over its tracks at Roanoke Avenue, S. W. #r. Dillard moved to refer the matter to the City Planning C~lssion for study end recommendation. The notion was seconded by RFS. Pickett and adopted. REPORTS OF OFFICERS: SIDEMALK, CURR AND GUTTER; The City Manager submitted 3 list of petitions on file for the construction of sidewalho curb and gutter with an estimated total construction cost of $203,000.00. The report was ordered filed. STATE HIGHWAYS WITHIN CITY LIMITS-STREETS AND'ALLEYS: The City Manager presented a proposed agreement between the City Of Roanoke and th~ Department of Highways of the Commonwealth of Virginia in connection with the widening'of Salem ,Avenue. S. N., between Jefferson Street and First Street, which he recommended the proper:officials be authorized to execute. Mr. Davies moved to concur in the recommendation of the City Manager end offered the following emergency Ordinance: : (u12992) AN ORDINANCE authorizing the execution efta contract between the City ned the Commonwealth with reference to the widening of Salem Aveone~between Jefferson endwise Streets. S. N** and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22.'Page log.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following Vote: : ,AYES: Council members Davies, Dillard; Pickett, Webber, Wheeler, a nd the Vice President, Mr. Carter ............. NAYS: None .............O. (The President, Mr. Young, absent) STORM DRAINS: Pursuant to directives of Council at its meeting of February 25, 1957, the Oity Manager presented a list of drainage shafts which he proposes to sink in the Wiliiamson Road area as a means of disposing of ~torm waters collecting therein at an estimated cost Of $39,000.00, the City Manager Feqdesting appropriation Of $24,000.00 to be added to the $15,000.00 included in'the 1957 budget for that purpose and.an additional $1,000.00 for surveys and studies. Mr. Webber moved to-concur in the request of the City Manager and offered the following emergency Ordinance: ' (~12993).AN ORDINANCE to amend and reordoln Section al41, *Sewer.and Drain ConstructionU, of the 1957 Appropriation Ordlosace, end providing for on emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page ILO.) Mr. Mebber moved the adoption ur the Ordinance. The motion was seconded by Mr. Dillard and adopted by the folloming vote: AYES: Council members.Davies, Dillard, Pichett, Nebber~ Mheeler, and the Vice President, Mr. Carter ............. 6. NAYS: None ..................... O, (The President. Hr, Young. absent) MATER DEPARTMEITr. STREET5 AND ALLEYS: The City Manager recommended that the City Planning Commission be requested to study and submit its recommendation on the widening of an alley from ten feet to twenty feet in width, said alley extending mortherly from Rosewood Road, S. E.. between Lots I and 2, Block 7, Bosexood Park, and Lots 9 and B, Block 6, Rosemood Park, in order to provide ao.adeqsate right of way for the extension of a water line, Mr. Davies moved to concur in the recommendation of the City Manager and submit the matter to the City Planning Commission.for study and recommendation. The motion was seconded by Mr. Mheeler and adopted. REPORTS: The City Manager submitted a report-of the Department of Public Melfare for the month of January, 1957, and reported other departmental reports on .file in his office . The report mas ordered filed, STATE DICHMAYS-BRIDCES: The City Manager reportedthat the Department of Highmays of the Connonmealtb of Virginia has raised objection to the provisions in paragraph twgof an agreement between the.City.of. Roanoke.and the Department of Highways for the maintenance of city=line, bridges, providing for the.maintenance of said bridges to be performed in such a manner:as is authorized by the City Manager, the City.Manager recommending ~hat Resolution NO. 12971,.adopted by Council on October 15, 1956, authorizing the contract in question, be amended to eliminate the provision objected to by the State Highway Department. Hr. Davi~ moved to ~oncur. in.the recommendation of the City Man,gar and offered the following Resolution: (x12994) A RE$OLDTION amending Resolution No. 12971 heretofore:adopted on October 15, 1956, relating to a proposed contvact with the Commouwealth of Virginia. Department of Highways fgr the maintenance of. City-Line bridges. : (For full text of Resolution, see Resolution Book No, 22, Page 110.) Mr. Davies muted the adoption of the Resolution. The motion was seconded by Mr. Mebber.and adopted.by the following vote: ~;. . AYES: Council membersDavies, Dlllard,lPlckett, Mebber,.Mheeler, and the Vice President, Mr. Carter ............. N~S? No~e--~-~-v~ .............O~ (The.President, Mr~ Young, absent) R~POR~S OF COMMITtEE,:- GARBAGE REMOVAL: Council at its meeting,of February 25, !957, having. referred to a committee, consisting of Messrs. Herbert A. Davies, Chairman~ Denton Dillard, Arthur 5. ~mens and John L. [entmort~ for study and.rec9mmendatton bids received for.tb~e~ 16-yald capacityall steel.enclosed garbage.bodios with hydreuli~ packing device and shredding device, the committee submitted its report, recommend- ing that the low bid of Baker Equipment Engineering Company, in the amount of $15,360.00, F. O. B. Detroit, Michigau, be accepted. Mr, Webber.moved to concur In the reeowteedotlon or the cowmlttee sod offered the following emergency 0rdiaoece~ .. (#12995) AN ORDINANCE accepting the proposal of Baker Eqaipmeat Engineering ~ompoey, Richmoed, Virglalo,.for furnishing the City of Roanoke three 16,yard copocit7 oil steel enclosed garbage bodies with hydraulic pecking device and shredding device in the total amount or $15,360,00, F, o, B. Detroit, Hickigso; authorizing and directing tho Purchasing Agent to purchase the garbage bodies in accordance with said proposal~ and providing for on emergency, (For full text of Ordinance, see Ordinance Dook No. 22, Page Ill,) Mr, Webber moved the adoption of the Ordinance, The motion was seconded by RF. Davies.and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Rheeler, and the Vice President, Nr~ Carter ....... NAYS: None ............... O. (The President, Hr. Young. absent) STADIUW: Council at its ne*ting of February 25. 1957, having referred to a committee consisting of Nessrn. W. D. Carter. Chairman, Arthur S. Owens and Robert P. Hunter for study and recommendation bids received for a cover for the football field at Victory Stadium, the committee submitted its report, recommending the acceptance of the bid of Daze AWning and Tent Company for a 12.63-ounce canvas corer in ten sections at a price of $S,930.10 and ten 10-inch cylinders for Wt. Davies moved to concuF in the recommendation of the committee and offered the following emorgency.Ordlnance: (ul2gg6) AN ORDINANCE accepting the proposal of gize Awning and Tent Company, Winston-Salem, N. C., for furnishing the City of Roanohe a 12.63-ounce canvas cover for the football field at Victory Stadium In the total amount of $6,367.58. F. O. B. Roanoke. Virginia; authorizing and directing the Purchasing Agent to purchase the cover in accurdance with said proposal;and providing for (For full text of. Ordinance, see Ordinance Book No. 22, Page 112.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Hr. Webber and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Wheeler. and the VicePresident, Mr. Carter .......... NAYS: None .................. O. (The President, Mr. Young. absent) Hr. Davies,then offered the following emergency Ordinance appropriating funds for the purchase of the cover: (Ul2ggT) AN ORDINANCE to amend and reordain Section u144, 'Departmental Equipment and Improvements', of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 113.) Mr. Davies moved the adoption of the Ordinance. The notion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Mhoeler, and the Vice President, Mr. Carter .......... NAYS: None .................. O. (The President, Mr. Young, absent) BUSES~ Council at its meeting of October 22. 1MS&. having appointed a committee consisting of Messrs. Roi L. Webber. Chairmen. W. B. Carter. Herbert A. Davies. Arthur S. Omens end Randolph G. Whittle to discuss with the Safety Motor Transit Corporation and the Roan*he Railway and Electric Company concerning their ferns end gross receipts tax and to submit its recommendations, the committee submitted its report, advising that after carefully studying the operational data of the two cempanles, holding various conferences with key officials thereof and discussions among the members of the committee, it is unanimously of the opinion that the utility companies, although properly managed and conducted, have. over a period of months, operated at a definite financial loss. which circumstance Council should necessarily use its proper functions to eliminate; therefore, the committee recomoended: 1. That the general sale of tokens be eliminated. 2. Them the charge for a meekly pass be increased from $2.00 to $2.50. 3. Them the fern for school children be increased from five to seven and one-half cents-per ride. which mould be accomplished by the'companies selling such children two tokens for fifteen cents. 4. That the gross receipts tax now paid to the city be reduced from four to two per cent. retroactive to January 1. 1957. The committee further ~ecommended that since the matter is one of considera public interest, a public hearing on the qeestion be held. after notice of such public hearing has been published in a local newspaper. Hrs. Pickett moved to receive the report of the committee and hold a public hearing on the question at 7:30 *icl,ck. p. mo. March 25. 1957. in the Council Chamber, notice of said hearing to be prepared by the City Attorney and presented to the City Clerk for publication. The motion was seconded by Mr. Nheeler, Mr. Dillard offered n substitute motion to refer the report back*to the committee for reconsideration in csnnectioe mith an independent audit of the companies' affairs and the possibility of publicly advertising for bids for a franchise to operate public transportation in the city. The motion died for lack of a second. · The motion of Mrs. Pickett was then adopted;' UNFINISHED BUSINESS: NONE. : CONSIDERATION OF CLAIMS: NONE. . - INTRODUCTION A~D CONSIDERATION OF ORDINANCES AND RESOLUTIONS:' · ;GRADE CROSSINGS-STREETS AND ALLEYS:-Ordinance No. 12988. permanently vacating~ discontinuing and'clOsing that portion of JefferSon Street located between the north line of Norfolk Avenue and the south line of Shenandoah Avenue; having preriously been. before Council for its first reading,-read and laidover, was again before the body,,Mr, Davies offering the follomingfor its second reading and final-adoption: ,, ,; ......... (m12969) AN ORDINANCE permanently vacatlng,'discontlnuing, and closing that portion of Jeffersom Street located between the north-line of Norfolk Avenue and the southliee of-Shenandoah Avenue. ......... (For full text of Ordinance,·see Ordinance Book No. 22. Page. lO?.} Mr, Davies moved the adoption of the Ordinance. :The motion was seconded by Mr. [heeler and adoptedbythefollowieg.vote: - AYES::Conncll,membCrs DaVies, Dillard, Pickett, Mebber, ~heeler, and the Vice President, Mr. Carter--~ .... NAYS: None ................... O, (The President, Mr. Young, absent) SALE OF PROPERTY-STREETS AND ALLEYSt Ordinance No, 12990. pro~ldlog for the aaie of 8 strip of lthd ~oc~ted on the south'side o~ Fourth Street. S, E., ~0 Hr, H, J. Holdren, et u purchuse price of $$O.O0'cnsh. having previousJ~ been before Council for its first reading, read end lold over, wes ugnia before the body, Mr, Dllltvd offering the followitg rot ils second rending and floal adoption: (812990) AN ORDIHANCE authorizing and direcliag the sale nnd conveyance to fi. J. Holdren ned Louise S. Holdren of n portion of cerlnln properly owned by the City situate on the south side of 4th Street, S. E** between 3 1/2 Street, S, E** and Highland Avenue, S. E** upon certain terms end conditions. (For full text of Ordinance, see Ordinance Rook No, 22, Page Mr, Dillard moved th~ adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vole: AYES: Council members Davies, Dillard. Pickett. Webber. Wheeler. ~nd the Vice ~re~ldeut. M~. Carter ......... NAYS: None ................. O. (The President, Br. Young. absent)' CITY CODE: Co~ncil by Ordinance No. 12769, adopted on July 2, 1956, having provided for a revision ~nd codification of the Ordinances of the City of Roanoke, Mr. Webber offered the following emergency Ordinance: (~1299§) AN ORDINANCE adopting a revision and codification of the ordinanc~ of the City of Roanoke, to c~nstitute and be known ns ~The Code of the City of Roanoke, 1956'; providing for the effective date thereof; providing for. the repeal of certain ordinances of a general an~ p~rmanent nature; limiting the effect of the repeal of such ordinancesl and providing for an emergency, ~For full.text of Ordinance, see Ordinanc~ Book No, 22, Page 113,) Mr. Webber moved the adoption of the Ordinance. The motion was ~econded iby Rt, Wheeler and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Wheeler. and the Vice President, Mr. Carter--: ...... NAYS: ~one ................. O. .(~he President, Mr. Young, absent) ROTIONS AND MISCELLANEOUS BUSINESS: PENSIONS.HEALTR DEPARTHENT: Rt. Webber stated that Dr, Charles H, Irvtn, City Health Commissioner, is uncertain of his.statu~ in connection with his retire- ment when he r~aches the age of sixty-five this year and moved to direct the City Manager to advise Dr. Irvi~ that he willbe retired in accordance with the pro- visions of the Employees* Retirement System. The motion was seconded by Mr. Dillard and adopted. TRAFFIC: Mr. A. F. Magnet, 1715 Orange Avenue. N. W., appeared before Conncil and stated that the traffic at the intersection of Orange Avenue and Seventeenth Street, N. W., is so heav~ that it is dangerous to school children and other people cf*asiaR at that intersection and requested that Council have a traffil signal erected at that corner. Mr. Dillard moved to refer the request }o the City Manager for study and recommenda}lon. Zhe motion was seconded by Mr. Wheeler and adopted. STREETS AND ALLEYS: ~r. J. C. Dean of Hazlegrove, Shackelford an~ Cart, Attorneys at las, appeared before Con~cil and presented a request of the ~imes- . World Corporation and Towers Shopping Center, Incorporated, that the f~llewing streets and alleys be vacated, discontinued ~nd closed: Fourth Street from the northerly side of Wiaona Avenue to the northerly side of Grace Avenue. Grace Avenue from the west side of Fourth Street to the west side of Grund~ · linens Avenoe. rrom the east side of Fourth Street to the nest side of Dresden Avenue. The milers extending through Sections 6. 7. 0. 9. 10 and 11 for the entire length and width of ssid alleys. Third Street from the northerly side of Colonial Avenue to the southerly side of Grace Avenue. Second Street from the northerly side of linens Avenue to the southerly side er Grace Avenue. First Street fro, the northerly side of Colonial Avenue to the southerly side of Winona Avenue. Mr. Davies moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Hr. Wheeler and adopted. BUDGET-JUVeNILE DETENTION HOME: The City Manager stated that authority granted for the payment of $10.00 per day to temporary employees at the Juvenile Detention Home expired December 31, 1956, and requested that this authority be extended to April 30, 1957. Mrs. Pickett moved to concur in the request of the City Manager. The moti* was seconded by Mr. Mebber and adopted, Mr. Dillard voting no. There being no forther business. Council adjourned. APPROVED COUNCIL, REGULARM~ETINO, Mondoy, March 11, lqST, The Council of the City or Roanoke met.in regelor.meetlng iU the Council Cho~ber;lu the:Muuiclpol. Muildiug, Monday, March 11, 195T, et.2:00 o*cloch, p. m** the regular meeting honro with the President, Mr. Young, presiding. PRESENT: Council members Carter, Davies, Dillard,,Pickett, lebber, Mheeler, and the President,.Mr. Young .............. 0--7. · ABSENT: Nome ......................... O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph [hittie, City Attorney, MF~ Marry R. Yates, City Auditor, iud Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened mith a prayer by er. ~. M. Carter, Vice MINUTES: Copy of the minutes of the regular meeting held on Monday, March 4 1957, having been furnished each member of Council, upon motion of Mr. ~arter, seconded by Mr. Davies and adopted, the reading was dispensed wi~h and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o*cloch, p. m., Ma~ch 11, 1957, in the,Council Chamber, on the request of Mr. Milliam O. Crutchfield and the Trustees of the United Association Plumbers and Steamfitters Local Union 491 th~ their properties located on the west side of Compton Street, N. E.. at the intersection of Mayne Street, designated as Lots lO and 11. Olock 2, Oakland Addition, be rezoned from General Residence District to Business District, and notice of the hearing having been published in The Roanoke #orld-Nems on February 21, 1957, and the City Planning Commission having previously recommended that the request of the petitioners be granted, the hearing was held at which no one appeared in opposition. Mr. Richard T. Edwards, Attorney for the petitioners, appeared before Coanc: and requested that the body concur in the recommendation of the City Planning iCommisslon and grant the request of his clients. Mrs. Pickett moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~12999) AN ORDINANCE to amend and reenact Article I, Section l, of Chapter 51 of the Cede of the City of Roanoke, VirgJnia; in relation to Zoning. NIIEREAS, application has been made to the Council of the City of Roanoke to have property located at the junction of Mayne and Compton Streets, N. E., and described as follows: Beginning at a point on the North side of Mayne Street, N. 77o 35t E., 190 feet from the Easterly side of Milliamson Road, said beginning point being the common corner to Lots I and 10, Block 2, Oakland Addition; thence continuing along Mayne Street, N. ??o 35* E. 43,U5 feet to a point; thence an arc to the left, whose radius is 5M feet, a distance of 55.44 feet to a point; thence H, 23o 28' R. 176.89 feet to u polut~ thence leaving #uyne Street, and with the outside line of Lot 11, Block 2, S, 77° 35* W. 194,8 feet to a point corner with Lots 2~ 3, 11 and 12~ thence along the westerly line or Lots 10 end 11, Bloch 2, S. 12° 25° E. 167.2 feet to the place of Beginning, and being ell of Lots 10 end 11, Dloch 2, according to the Map of Oakland Addition to the Cit7 of Roanoke, rezoaed from General Residence District to Business District; and WHEREAS, the City Planning Commission has recomwrnded that the above parcel or land be rezoned from General Residence District to Business District as requested; and WREREAS, notice required by Article II, Section 43, of Chapter 51 of the Code or the City of Roanoke, Virginia, relating to Zoning, has been published in 'The Roanoke Morld-News', a newspaper published in the City of Roanoke, rat the time required by said section; and WHEREAS, the. hearing as provided for in said notice published in the said newspaper was held on the llth day of March, 1957, at 2:00 otclock, p. mo, before the Council of the City of Roanoke in the Council Chamber in the Municipal Oaildin at which hearing property omners and other interested parties in the affected area sere given an opportunity to be heard both for and against the proposed rezoning; and WH£REAS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning. be amended and reenacted in the followia9 particular and no other, viz: Property located on Wayne and Compton Streets, N. E., described as Lots 10 and 11, Block 2, oakland Addition, designated on Sheet 311 of the Zoning Rap as Official Nos. 3110111 and 3110112, be, and is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in thi respect. The motion was seconded by Mr. Mheeler and adopted by the following vote: , AYES: Council.members Carter, Davies, Dillard, Pickett, Webber, Mheeler, and the President, Mr. Young ................. 7. NAYS: None ........................... O. PETITIONS A~D COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a petition from Myron O. Dugau et al, requesting that a portion of,a turn-around at the end of Stoneridge Road, S. N., be vacated, ~iscontiauedand closed, so that the radius of said turn-around shall be reduced from fifty feet to forty feet, and also requesting that viewers be appointed to view said turn-around and report in writing as required by Section 15-765 of the Code of Virginia. Mr. Webber moved to refer the matter to the City Planning Commission for study and ~ecommendation. The motion was seconded by Mr. Mheeler and adopted. Mr. Mebber then offered the following Resolutionprovidlng for the appoint- ment of viewers: '76 (mi3000) A RESOLUTION providing for the appointment or five freeholders, uny three of mhom nay act as viemers it ~onaeetlon mith the petition or myron O, Ougau, Yiviea Ougea, £1of S. Oygve, Jean Oygve, Rosalind domes, Incorporated, Beleu G. Solder, John B. Treat and little T. Treat to vacate, discontinue mud close u portion of the Turn-Around ut the end of Stoueridge Roud, S, d., es shown on a Hep of Section 4, Chestnut Bills, of record iu the Clerk's office of Bustings Court rot the City of Roanoke, Vlrgiulu in Plat Rook 1, page 60, so thst the radius of said Turn-Argued shell be forty feet instead of fifty feet. according to a map made January Id, 1957 by C. S. Malcolm ~ Son, State Certified Engineers, '(For full text of Resolution, see Resolution Book No. 22, Page 115,) Hr. Webber moved the adoption of the Resolution. The notion mas seconded ~r. Carter and adopted by the folloniag vote: AYES: Council members Carter. Bevies, Dillard, Pickett, Webber, Bheeler, and the President, Mr.'Young ................... NAYS: None ............................. O. DEPARTMENT OF PUBLIC WELFARE: The City Clerk presented a communication from Mr. Charles S. Docley, 2014 Carrie Street, No E., advising that he took a welfare client, Mrs. Carrie Miller, from the City Home on May 23, 1955, and furnished room and board for her in his home until August 31, 1955, when she was returned to the City Home, that she paid room and board for that period except for approximately one month, dr. Dooley requesting that the city pay him $50.00 covering her room and board for the period she did not pay him. Mr. Dillard moved to refer the matter to the City Manager and the City Attorney for study and recommendation. The notion was seconded by Mr. Wheeler and adopted. STREET LIGHTS: The City ClerR presented a communication from the Appalachian Electric Power Company, reporting the installation of five 21000 lumen street lights in the city during the month of February, 1957. The communication was ordered filed. SEWACE DISPOSAL: The City Clerk presented a communication from Mrs. N. Nelson, Jr.,requesting certain amendments to the Ordinance imposing sewage charges on water bills, in order to relieve water consumers of sewage charges where a minimum water bill, with no consumption, is charged against said consumer. Mr. Webber moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. ZONING: The City Clerk presented a request from Mrs. Mottle ¥. Jones that her property located on the north side of Melrose Avenue, d. W., east of Comer Street, being Lot 3, Block 2, West Park, be rezoned from Special Residence District to Business District. Mr. Carter moved to refer the matter to tbe City Planning Commission for study and recommendation. The motion was seconded by Mr. Davies and adopted. ZOBINO: The City Clerk presented a request from Mrs. Artie V. Foster that property located on the north side of Melrose Avenue, B. W., east of Comer Street, being Lots 4 and 5, Block 2, West Park, be rezoued from Special Residence District to Business District. Mr. Davies moved to refer the matter to the City Planning Commission for study end recommendation. The motion mas seconded by Mr. Mheeler and adopted. REPORTS OF OFFICERS~ STORM DRAINS*CURB AND GUTTER~ The City Manager reported that in cowplinnce with a reqeest of the Mayor he hms looked into the qnestion of the delay of the installation of curb and gutter on Forest Hill Avenue, N. M,, betmeen Lyadhurst Avenue nnd Tenth Street, and t~at the reason for the delay in the construction or the curb nnd gutter on said street is that it is n low area in ehich storm mater collects and that until such time as the storm mater problem is solved curb and gutter cannot be constructed on the street. Mr. Carter moved to accept and file the report of the City Manager. The motion mas seconded by Nra Davies and adopted, Mr. Dillard voting no. UAROAG£ REMOVAL: The City Manager reported that the Purchasing Agent has received bids for the purchase of a Diesel powered crawler tractor from four different companies and that the lam bid for the tractor is $19,339.00, mhich is $1,339.00 wore than the appropriation of $16,000.00 included in the 1957 budget for this item, the City Manager recommending that Council refer the matter to a committee for its recommendation. Mr. Mheeler moved to concur in the recommendation of the City Manager and that the Mayor appoint a committee to consider the matter and submit Its report and recommendation thereon. The motion mas seconded by Mr, Carter and adopted, The Mayor then appointed a committee consisting of Messrs. Uerbert A. Davies, Chairman, Arthur S. Owens, John L, Mentmorth and H. Cletus Broyles. BUDGET-STADIUM-WATER DEPARTMENT: The City Manager reported that if Council decides to let contracts for the paving and electrical work under the west stand at the Municipal Stadium he feels that the water system at the Stadium should be revised by the following: 1. The alteration to the mater.system to provide for four connections .....................$1200.00 2. 'Installation Of valve in thema~n line including man hole ............................... SO0. O0 3. Installation of four drinking fountains including discharge lines .................................. 250.00 4. Installation of four I 1/2 inchhose connections, ~ each mith 50 feet of fire hose in a cabinet ...... 300.00 the City Manager stating that the moth can be accouplished by the Mater Department and recommending that. he be authorized to proceed mith said morn. Mr. Mebber~moved to concur in the recommendation of the City Manager, the mark to be accomplished by the Mater Department and charged to the appropriation in the 1957 budget of the Mater Department for. Capital Outlays from Revenue. The motion mas seconded by Mr. Carter and adopted. BUDGET-PARKS AND PLAYGROUNDS: The City Manager reported that a group of contractors ia the city has offered to construct two tennis courts in the Milliamson Roadarea, provided for in the:1957 budget, at a cost of:$2,500.00, mhich, along mitb related morksuch as fences, etc**, mill effectuate a savings of $2,000.00 in the appropriation of $6,000.00 contained in the budget, provided that the city will agree to appropriate the savings effected for the repair of tennis courts and payment of tennis instructors, the amount to be appropriated for tennis instruct/on not to exceed $350.00, the City Manager recomwexding that the offer be accepted. Mr. Nebber moved to coacar in the recounendatioe of the City Mansger to accept the offer of the contractors and that the City Manager after determining the actual auount of savings involved report the sane to Council, et which tine the necessary budget amendment will be considered. The motion mas seconded by MF. Mheeler and adopted. OUDC£T-PARMS AND PLAYOROUNOS: The City Manager reported that due to au exceptionally good buy by the Purchasing Agent it was possible to purchase four power mowers for the Department or Parks and Recreation at a price of $304.76, for which an item of $750.00 was included in the 195T budget, and recomzended that he be authorized to purchase two additional mowers from the unexpended balance of said appropriation. Mr. Carter meted to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=13001) AN ORDINANCE to amend and reordaln Section z144, 'Departmental Equipment and Iuprove~ents', of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ne. 22, Page 116.) Mr. Carter noted the adoption of the Ordinance. The motion was seconded Mrs. Pickett and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler. and the President, Mr. Young ................ V. NAYS: None .......................... O. BUDGET-RADIOS-PARKS A~D PLAYDROU~DS: The City Manager reported that eD iprovlslon was made in the 1957 budget for insurance on the radio tower on top of Mill Mountain and recommended an appropriation of $55,25 for this purpose. Mr. Mheeler moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=13002) AN ORDINANCE to amend end reordain Section #111, "Parks and Recreational Areas#, of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. R2, Page 116.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded Dy Mr. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young ................... NAYS: None ............................. 0. REPORTS OF COMMITTEES: STADIUM: Cooncll at its meeting of March 4, 1957, having referred to a committee consisting of Messrs.. Herbert A. Davies, Chairman, Benton O. Dillard, Arthur S. Owens, John L. Mentworth and H. Cletua Broyles for tabulation and . recommendation bids received for the installation of an electric lighting system under the west stand at Victory Stadium, the committee submitted its report, recommending the acceptance of the Iow bid of Varney Electric Company, in the UeOUnt Of $8,856.00, and advising that Roanoke Dlaeond Jubilee, Incorporated, will reimburse khe city $2,434.00 of this amount. Mr. Mheeler loved to concur in the recommendation of the committee and to direct the City Attorney to prepare tbe necessary Ordinance awarding the contrnct to Varney Eleotri~ Company iud providing for payment or the said contract from funds remaining in tbeluproveueut Fund from bonds issued for the construction or the Armory and Stadium. The motion was seconded by Mr. Davies end adopted. S?ADIHM: Council at its meeting of Harch 4,.1957, having referred to a committee eonsisting o! Messrs. Herbert A. Davies, Chairman, Henton O. Dillard, Arthur S. Owens, John L. Mentmorth nad H. Cletus Hroyles for tabulation ned recommendation bids received for the construction of a concrete floor under the west stand at Victory Stadium, the committee submitted its report, recommending the acceptance of the low bid of Pioneer Construction Company, Incorporated, in the amount of $16,954.00. Mr. Mebber moved to concur in the recommendation of the committee and to direct the City Attorney to prepare the necessary Ordinance providing for the awarding of the contract to Pioneer Construction Company, Incorporated, and providing for payment of the said contract from funds remaining in the Improvement Fund from bonds issued for the construction of the Armory and Stadium. The motion mas seconded by Mr. Mheeler and adopted. BRIDGES-STADIUM=MAHER FIELD: Council at its meeting of March 4, 1957, having referred to a committee consisting of Messrs. Herbert A. Davies, Chairman, Benton O. Dillard, Arthur S. Owens, John L. Mentmorth and H. Cletus Broyles for tabulation and recommendation bids received for the construction of a pedestrian bridge over Roanoke River between South Roanoke Park and Maher Field, the committe submitted its report, recommending the acceptance of the bid of Niley N. Jackson Company, low bidder, in the amount of $24,525.00, plus $60.00 per cubic yard for extra concrete required, Mr. Dillard not concurring for the reasons that he does not feel the bond money provided for the construction of a bridge across Roanoke River and that said funds can be used to better advantage for the building of additional rooms for storage in the Stadium. Mr. Carter moved to concur in the recommendation of the committee and to direct tbe CityAttorney to prepare the necessary Ordinance ~wording the contract to ffiley N. Jackson Company and providing for payment of the said contract from funds remaining in the Improvement Fund from bonds issued for the construction of the Armory and Stadium. The motion mas seconded by Mr. ~ebber and adopted. UNFINISHED BUSINESS: PARKS AND PLAYGROUNDS: Council at Its meeting of January 14, 1957, having referred to the City Planning Commission for study and recommendation a recommendation of the City Manager that three parcelsof land, being Lots 9, 10 and 11, Section ?9, Melrose Land Company; Lots 1, 2 and 3, Block SS, Hyde Park; and Lot No. 1310901° located in Block 31, Mest End and Rivervieu, be incorporated In the city*s park system, the City Planning Conmlssion snbmitte'd its report, concurring in the recommendation of the City Manager. "79 Mr. Carter moved to direct the City Attorney to prepsre as O~innnce providing for the inclusion of the lend in the path system as recommended by the City Manager and the City Planning Commission. The motion was seconded by Hr. Mebber and adopted. PURCHASE OF PROPERTY-PARKS AHD'FLAYGROUNDS~ Council at its meeting of January 21o 1957, having referred to the City PlennSag Commission forstndy.ald recommendation a request of the Huff Lane Parent-Teacher Association that the city ecquireland for pork purposes in the DorChester Court area. the City Planning Commission submitted its report, recommending that Council acquire a tract of land of twenty to twenty-five acres in urea adjacent to the Duff Lane School for park purposes, and, further, that if said land is not acquired at this tine some provision be made to protect it for future use as a public park or that it be earmarked for acquisition bythe city. Mr. H. Donald Dobbs, 2508 Avalon Avenue, N. M., appeared before Council an( stated that the urea is greatly in need of path facilities, Mr. Dobbs requesting that Council take action to carry out the recommendation of the City Planning Commission. Mr, Carter moved to direct the City Manager to negotiate for land as recommended by the City Planning Commission and to also examine the provisions under which the Huff Lane School property was acquired to determine whether or not there was any proviso for use of the land for park purposes as well as school purposes and submit his report and recommendations thereon. The motion was seconded by Mr. Dillard and adopted. STREETS AND ALLEYS: Council at its meeting of February 4, 1057, having referred to the City Planning Commissionfor study and recommendation a request of the Sinclair Refining Company that Ontario Street, N. E., between Missouri Avenue and the property of Miller Container Corporation, be vacated, discontinued and closed, the City Planning Commission submitted its report, recommending that the request of the oetitioner be granted, uith the exception of the southerly ten feet of said street. Mr. Webber moved to set a public hearing in the matter for 2:00 p. m** April 8, 1957, ia the Council Chamber in the Huniclpal Building, and to direct the attorney for the petitioner to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Mheeler and adopted. .The City Clerk then.advised that the petitioner has changed the method of proceeding for closing Ontario Street which will necessitate the appointment of viewers and submitted n Resolution prepared by the attorney for the petitioner for that purpose. Mr. Carter offered the following Resolotion p?oviding for the appointmeot of the viewers: (~13003) A ~ESOLOTXON relating to the proposed closingof the northerly 256.24 feet of Ontario Street, H. E., la the City of Roanoke, Virginia; (For full text of Resolution, see Resolution Book No. 22, Page 117.) Hr. Carter moved the ndoption of the Resolution. The motion was seconded by Hr. Davies an~ adopted by the rellomlug vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the. President, Hr, Young .............. NAYS: None ........................ O, With further reference to the matter, the City Clerk presented a communica- tion from Mr. S. King Funkhouser, Attorney, representing the Sinclair Refining Company, offering to donate to the City of Roanoke for street mldening purposes a strip of its land ten feet in width lying adjacent to Missouri Avenue, N. E,, and running from the soatheastern edge of Its land in a mesterly direction to Ontario Street, uhlch matter mas referred to the City Planning Commission for study and recommendation by Council at its meeting of February 4, 1057. The City Clerk also presented a communication from the City Planning Commission, recommending that Council accept the offer of the Sinclair Refining Company. Mr. Carter moved to direct the City Attorney to prepare an Ordicance providing for the acceptance of the offer of the Sinclair Refining Company. The motion mas seconded by Mr. Wheeler and adopted. STREETS A~D ALL£YS: Council at its meeting of February 18, 1957, having referred to the City Planning Commission for study and recommendation a request of Dixie Appliance Company, Incorporated, that Shenandoah Valley Avenue, N. be vacated, discontinued and closed from its intersection with Forest Hill Avenue north to Lot 4, Block 11, Laurel Terrace, and Lot 17, Block 12, Laurel Terrace, the City Planning Commission submitted its report, recommending that the request be granted. The City Clerk also presented the report of viewers appointed by Resolution No. 12985, adopted on February ID, 1057, advising that in their opinion no inconvenience will result either to anyindividual or to the public from rata*in9 said street. Mr. Carter moved to hold a public hearing in the matter at 2:00 o'clock, p. m., April 8, 1057, in the Council Chamber in the Municipal Building, and to direct the attorney for the petitioner to prepare proper notice.of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Davies and adopted. STREETS AND ALLEYS: Council at its meeting of March 4, 1057, having referre( to the City Planning Commission for study and recommendation a request from the Times-World Corporation and Towers Shopping Center, Incorporated~ that.certain streets and portions of streets and certain alleys located in the Mlnona Addition at the intersection of Colonial Avenue and Brandon Avenue, S.N., be vacated, discontinued and closed, the City Planning Commission submitted its report, recommending that tke requestof the petitioners be granted. Mr. Webber moved to set a public hearing lu the matter for 2:00 o'clock, p. m., April D, 10S?,-in the'Council Chamber in the Hunicipal Building, and to direct the attorney for the petitioners to prepareproper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Wheeler and adopted. CONSIDERATION OF CLAI#S: NON£. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE, MOTIONS AND MISCELLANEOUS UDSINESS: SEWERS-HEALTH DEPARTMENT: Mr. ~alph A. Glasgow spp~ared before Council and stated that ia his opinion some overall policy should be adopted with reference to the enforcement of the Housing and Hygiene Ordinaoce because of the difference la treatment of various property owners in the East Gate Addition. Mr. Glasgow was advised by the Mayor to put his reqoest in writing.and present it to the City Clerk for inclusion on the agenda of a future meeting of Council. HATER DEPARTMENT: Mr. J. H. Hlair appeared before Council and stated that he has been advised that the Director of Parks and Recreation has made recommenda- tion for certain changes to the Rules ODd Regulations for use of the Carvhs Cove Recreational Area for boating purposes to which he wishes to offer objection. Mr. Blair was advised by the Mayor that Council has no such recommendation before the body, but that if such recommendation does come before Council he will be given on opportunity to be heard. CELEBRATIONS-CITY GOVERNMEITr: Mr. Carter stated that the Steering Committee appointed by Council in connection with Roanoke*s Seventy-fifth Anniversary has been approached by the Jamestown Festival Commission and advised that a British Goodwill Mission to the Jamestown Festival consisting of forty members will be coming to Virgioia in the near future and that a tentative itinerary for the Mission as prepared by the Jamestown Festival Commission includes a visit to Roanohe, Virginia, on April 5, 1957, Mr. Carter advising that he has consulted with officials of the Town of Salem, the Town of Vlnton and the County of Roanoke who will agree to join with the City of Roanoke os hosts to the said Mission for that day and that be estimates the cost of entertaining the Mission will not excee: $400.00 for the City of Roanoke; therefore, he moved that the City Attorney be directed to prepare a Resolution extending a formal invitation to the Hritish Goodwill Mission to the Jamestown Festival.to be the guests of the City of Roanoke along with the Town of Salem, the Town of Via*on and the County of Roanohe, on April 5, 1957, and, also, to prepare an Ordinance appropriating the sum for the purpose of entertaining the Mission. The motion was seconded by Mr. Webber and adopted. MUNICIPAL COURT: The Mayor called for nominations for the office of Substitute Municipal Judges as provided for under Ordinance No. 12982, adopted on February 11, 1957. Mr. iebber placed in nomination the name of Carroll D. Rea as a Substitute Mnnicipal Judge for a term to expire September 30, 1960. There being no further nominations for this term, Hr. Carroll D. Rea was elected Substitute Municipal Jodge for a term to expire September 30, 1960, by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Hebbor, Mheeler, and the President, Mr. Young ................... NAYS: None .............................. O. Mr. Daries thex placed ia nomination the name of Robert M. Spessard as a Substitute Municipal Judge rot a term to expire September 30, 1950. Mrs, Pickett placed in nomination the asme or Jsmes P~ Drlce as a'Substitute Municipal Judge for~a ter~ to expire September 30, 1950. Theme'being no further,nominations, Mr. Robert M. 5pessard mas elected Substitute Municipal Judge for a term to expire September,30, 1950, by the rollomtag vote: FOR MR. SP£$EARD: Council members Carter, Davies, Mebber, Mheeler, and the President, Mr. Yoang ................. 5. FOR HR. ERICE:Coancil members Dillard and Pickett ....... 2. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR HEETINO, Monday, March i8, 1957. The Council o! the City or Roanoke met Is regular meeting in tke Conncil Chamber in the Municipal Building, Monday, March lB, 1957, at 2:00 o°clock, the regular meeting hQur, uith the President, Mr. Young, presiding. PRES£NT: Conncil members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, sad the President, Mr. Yousg ..... ~ ............ ?. ABSENT: None .......................... O. OFFICERS PB£S£NY: Mr. Arthur S, Omens, City Manager, Mr. Randolph Mhittle, City Attorney, Mr. Barry R. VaSes, City Auditor, and Mr. J. Robert Thomas City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Charles A. Matkins, Jr., Pastor of the Grandiu Court Baptist Church. BEARING.OF CITIZENS UPON PUBLIC MATTERS: TUBERCDLOSXS SANATORIUM-DEPARTMeNT OF PUBLIC ~ELFARR: Dr. C. M. Corsell appeared before Council and stated that he wishes to offer his services withost charge or obligation to the city in making a survey of the problems of senior citizens who need homes and nursing core In the city which includes citizens age sixty-five and over, Dr. Cumuli advising that he has been doing a conaiderahl amount of preliminary work in this field, consulting with churches, civic clubs and other organizations, and that there is a real need among the senior citizens mhich he feels can be met, Dr. Cornell asking that Council consider this need prior to making any dispoatition of the Tuberculosis Sanatorium at Coyner Springs which he feels will make an excellent chronic disease hospital to serve the elder citizens. Mr. Carter moved to accept the offer of Dr. Cumuli with no obligation, direct or implied, on the City of Roanoke, and to authorize Dr. Cornell to consult with the City Manager and other officials of the city in the matter. The motion was seconded by Mr. Dillard and adapted. CURB AND GUTTER: Mrs. A. K. Simmonst 3106 Forest Hill Avenue, N. M., appeared before Council and stated that she represents a delegation of residents of the 2400 and 2500 blocks of Lyndhurst Street~ N. M., and of Forest Hill Avenue, N. l., between Lyndhurst Street and Tenth Street, who would like to be advised as to when curb and gutter mill be constructed on their streets after a proposed drain shaft is drilled at the lom spot there and ia proved successful, Mrs. Simmons stating that petitions were filed by the residents of that area as far back aa 1949 and as recently as August, 1956, and that they have been informed that their petitions are on the bottom of the list for curb and gutter construction ns of now. The City Manager stated that he can make no promises for the construction of curb. and gutter on these streets at this time or until the drainage problem ia solved. Mr. Dillard moved that the Mayor appoint a committee of members of the Council to study curb and gutter petitions and their priorities mom on file with the city. There being no second, the motion mas lost. · Bt. #ebber then moved t~ table the m·tter'ultll the wrier problem ia the · rea lc Solved. The motlo· wes seconded by Br. Dill·rd ·nd adopted. PETITIONS AND COMRONICATIONS: BOND ISSDES~ The City Clerk presented · cowmunico~loa from Roanoke Reel Est·ne Bocrd; Incorporated, requesting th·t Council consider.issuing bonds rot street improvements, including sidewalk rep·ir, construction or curb and gutter, and the installation or sidewalks in the entire city; ·Is,, an ,retell progr·m loohing to the solution or the storm dr·image problems or the city. Mr. Dill·rd moved to rile the commuulc·tion and to transmit to the Roan,Re Real Estate Board the thanks of Council for its interest ia the matter; els., to advise the Board th·t Council has in recent lears increased its appropriation from current revenues rot capital improvements in the city and for the street construction and'improvement program, that the 1957 budget contains appropriations approximating $726,000.00 for street construction and maintenance, and that ir Council could, it would appropriate even greeter amounts from current revenue, that Council does. aotravor the lssu·nce or bonds rot street improvements which would be either morn out or obsolete before the bonds could be paid orr. The motion was seconded by HFS. Pickett and adopted. STREET IMPROVEMEr~Fs: The City Clerk presented a petition from residents or the 2400 bi.ca of Grandin Road, S. ~., and vicinity, requesting that said.street be paved. The City #Ranger advised that this section of street is in the 1957 paving program and will.be paved as soon as the contract is let.for that work and the weather permits. - Dr. Carter moved to rile the petition and to Jar,tm the petitioners or the status as reported by the City #Ranger. The motion was seconded by Hr..Wheeler and adopted. ZONING: The City Clerk. presented a petition from Charles ~. and~Ryrtle #. Smiley, requesting that their property, being Lot S-A, Zoll Map, located.on the south side of Cove Road, N. N., near the intersection of Bershberger Road, be Fez,ned-from General;Residence District to Business District. . Mr. Carter moved to refer~the request~to the City Planning Commission for st·dy and recommendation,/ The motion was seconded by Mr. Davies.and adopted. REPORTS OF OFFICERS: ~.* ~. . ~ . '-BRIDGES: Council at its meeting of February 27,1956, having directed the City'Manager to negotiate for the acquisition of necessary land required for approaches to a-proposed underpass under the tracks of the Norfolk. and Mestern' Railway Company to connect Liberty Road and Mundy.Road,.N, E.,.tbe City Manager reportedthat he has conducted such negotiations.and recommended~'that Council, by Ordinances, authorize a firm offer to J.;R. Turner and R. C. Churchill in. the amount o£ $3,000.00 for a tract'~or land to th· east of the Norfolk. and Mestern Railway*Company line, On which he has been unable to reach an agreement, and, also, authorize*the acceptance of'options for~a tract of landonthe soath'sideof Liberty~Roado N.E.,~weSt of the Norfolk and Mestern.Railway Compaay..liae~ from Hrs. Hazel Barger, in Consideration of certain improvements' not-to exceed $400.00 in cost,' an~ f~'o'm J~ M.'a~d Settie'L~ Lee, on ~h~'~st~of'thb railWaY line, at a price of $1,000.00. #r. lebber moved to concur ia the reaommendotios of the City #oooger and t direct the City Attorney to prepare.the proper Ordinances carrying out said recommendation. Tke motion wac seconded by Mr. Nheeler sad adopted, BUOGET-D£LINQO£NT TAX DEPARTMENT: Tke City Homager requested aa appropriation or $200.00 to Advertising nod Costs in the Delinquent Tax Collector account of the 1957 bndgete in order to provide, for the payment of certain court costs incurred amd allowed in delinquent real estate tax suits, Hr. Carter moved to concur in the request of the Cia! Manager and offered the following emergenc? Ordinance: (n13004) AX ORDINANCE emending and reorduinlng Account No, 9-Delinquent Tan Collector, of the 1957 Annual Appropriation Ordinance; and providing for on emergency. ,(For full text of Ordlnnnce, see Ordinance Oook No. 22, Page 119.) Mr. Carter moved the adoption of the Ordinance. T~ motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young ................... ?. NAYS: None ............................. O. YRAFFIC: The City Manager reported that in connection with an educational and enforcement drive In the city designed to lessen the number of traffic viola- tions and improve general traffic conditions it is bis belief that e Safety Committ:e should be created, mlth Its dntiesand responsibilities clearly defined, and its term of existence limited, the City Manager voicing the opinion that representativ~ of the various transportation and traffic organizations should be represented on the committee. Mr. Carter moved to concur in the report of the City Manager, said committE to be appointed by the City Manager, with the proviso that no additional cost be added tQ the city by reason of the appointment or operation of the committee. The motion was seconded by Mr. Davies and adopted. DEPART#EITF OF PUBLIC MonKs: Yhe City Manage~ reported that after proper advertisement the Purchasing Agent received five bids for furnishing the city tau R 1/R-ton dump trucks complete as authorized by the 1957 budget from Magic City Motor Corporation, in the amount of $9°364.34; An*rim Motors, Incorporated, in the amount of $9,519.00; Dickerson GMC, Incorporated, in the amount of Shacke'lford-Cox Truck and Machinery Company, in the amount of $9,?00.94; and Johason-McReynolds Chevrolet Corporation, in the amount of $9,924.70; the City Manager recommending that the low bid of Magic.City Motor Corporation, in the amount of $9,364.34, be accepted. Mr. Carter moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (x13005) AN ORDINANCE accepting the proposal of Magic City Motor Corporation, Roanoke. Virginia, for furnishing the City of Roanoke two 2 l/2-ton dump tr~cks complete, in the total amount of $9,364.34, F. O. B. Roanoke, Virginia; authorizing and directin9 the Purchasing Agent to purchase the trucks In accordance with said proposal; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 120.) Mr. Carter moved the adoption of the 0rdioaace. The mot[oB web'seconded by Mr. Nheeler Bad adopted by the following voter · !' .' AYES: Council members Carter, Davies, Dillard; Pickett, Mebber, Nbeeler, nad the President,'Mr. Young .............. ?.~ · .~ ..... NAYS: None ..... ~ .....~--~---~'~--0.' 'SALE OF'PROPERTY-SEMABE.DISPOSAL: The City Manager'preseated an Offer from Mllliam Green and'CoBpany'to purchase the'old Sewage Disposal prbperty near Milllamsoe Road for'aprice of $10.O00,'00~'tho City Manager advising Council that he does not'think the,property should be disposed of at this time In view of the imminent development of th~ Lukens Street area. Mr. Mheeler-moved to decline the'offer of Mllliam Green and Company. The motion mas'seconded by Mr. Dillard and adopted. APPOINTMENTS-FIRE DEPARTMENT: The City Manager reported the employment of Joseph A. Trent and James D. Mlthers in'the Fire Department, effective March 1, 1957. ~ : The report was ordered filed. TUBERCULOSIS SANATORIUM: The City Manager submitted au offer of the Churche of the Brethren to take a 45-day option for the purchase of the Tuberculosis Sanatorium propertyat a prlceof $125,000.00, including the equipment'therein, the 45-day option,being for the purpose of securlngconcurrence in the purchase of the various districts of the churches in the State-of Virginia, the City Manager advising that a commtttee~consisting of himself, Dr. Charles M. IrvJn and Mr. J; B. Fallwell¥,appointed~to consider and recommend action,on bids received from the MedicalGroup Foundation, Incorporated, Mythevilleo Virginia, and The C. B. Carter Convalescent Home, Roanoke, Virginia, for use of the TubercB10s~s Sanatorium, transmitted to Coancil at. its meeting of December 17, 19$6, has-had numerous conferences with.interested persons concerning the use of the sanatorium property and feel~'tbatlt can make no recommendationuntil Council makes a decision of whether or not it.wishes to sell the property, operate it as a convalescent home or lease it for private oper atica. Mr. Carter moved to decline the offer of the Churches of the Brethren and to d~fer any action oB'the disposition of theTubercalosis Saoatoriam property for the present time. The motion was seconded by Mr. Davies a&d adopted. · M~;~-Carte~ then,offered.the'folloming Resolution rejecting the proposals heretofore received: ~ ,~ · , lUl3OO&):'A RESOLUTXON reJecting"allproposals lot'.the leasing of the City*s Tubercul0sis.Sanatori~m~at CoynerSprlng. ~ .~ / , . . , : ., (For foil text of Resolmtlon~:'see~ResolutiOn Book No, 22+.~Page 120.) : ' Mr.,Carter mGvedthe,adoption,of the Resolution. The motion was seconded by Mr. Davies and adopted by the following-vote: - AYES: Council members Carter~ Davies~-Dillard~ Pickett; Mebber,-Mheeler, and the Presfdent~-'Mr~ Yoong~--~---o= .... ?., : NAYS:~NGU~=---~--~-~-~---~ .... ~---0, , ,= ''~,~, · ,, ' ~ ~ '. '88 ,REPORTS OF COMMITTEES: NONE~ UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12999, resuming property located os Wayne Street etd Compton Street, N. E., described ns Lots 10 end 11, Block 2, Oakland Addition, from Geobral Residence District to Business District, having previously been before Council rot its first reading, rend cud laid over, was again before the body, Hr. Carter offering the following for its second reading and final adoption: (a12999) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 or the Code of the City of Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 22, Page liB.) Mr. Carter moved the adoption of the Ordinance, The motion was seconded bl Mr. Davies and adoptedby the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, #ebber, Nheeler, and the President, Mr. Young .................. ?. NAYS: None ............................ O. CELEBRATIONS-CITY GOVERNMENT: Council at its meeting of March 11, 1957, having directed the preparation of a Resolution, inviting the British Goodwill Mission to the Jamestown Festival to visit the Valley of Roanoke, Hr. Davies offered the following Resolution: (a15007) A RESOLUTION inviting the British Goodwill Mission to the Jamestown Festival to visit the Valley of the Roanoke as the official guest of the.Town of Sale~, the Town of Vinton, the County of Roanoke and the City of Roanoke. (For full text of Resolution, see Resolution Book No. 22, Page 121.) Mr. Davies moved the adoption of the Resolution. The mtion was seconded by Mrs. Pickett end adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Nheeler, end the President, Mr. Young .............. 7. .NAYS: None ................... ~ .... O. Mr. Webber then offered the following emergency Ordinance to provide funds for payment of the city*s share in the cost of entertaining the Mission: (u13008) AN ORDINANCE to amend and reordain Section al, #Council'. of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 122.) Mr. Nebber moved the adoption of the Ordinance. The m~tion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Nheeler, and the President, Mr. Young ................ 7. NAYS: None ................... ~ ...... O~ STADIUM: Council at its meeting of March 11, 1957, having directed the preparation of an Ordinance to accept the proposal of Varney Electric Company for the Installation of un electric wiring system under the west ~and at the Municipal Stadium, Mr. Wheeler offered the following emergency Ordinance: (c13009) AN ORDINANCE accepting the proposal o! Varney Electric Company rot the Installation of au electric lighting system; authorizing the proper City.orrielnls to execute the requisite contract; authorizing the City Auditor to pay the.costs, thereof froR the Improvement Fund-Armory end Stadium Account; directing the City Auditor, upon receipt of a partial reimbursement of the contract price rroR the Diamond Jubilee Corporation, to credit the sure to the last-Rentioaed account; rejecting all other bids; and providing for an emergency. (For rail text of Ordinance, see Ordinance Rook No. 22, Page 122.) Rr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Davies and adopted by the f,Il,wing vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Hr. Young .................. ?. NAYS: N,ne ............................ O, STADIUM: Council at its meeting of March 11, 1957, having directed the preparnticnof an Ordinance to accept the proposal of Pioneer Construction Company, Incorporated, for the construction of a concrete floor under the west stand at the Municipal Stadluno,Mr. Davies offered the following emergency Ordinaoce: (al3010) AN ORDINANCE accepting the proposal of Pioneer Construction Company, Inc., for the installation of a concrete floor; authorizing the proper city Officials to.execute the requisite contract; authorlzlngthe City Auditor to pay the-costs thereof from.the Improvement Fund-Armory and Stadicm Account; reject- ing all other bids; and providing for an emergency. (For ~ull text of Ordinance, see Ordinance Rook No. 22, Page 123.) Mr. Davies moved the adoption of the Ordinance. The motion uss seconded by Rr. #heeler and adopted b~ the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Rubber, #heeler, and the President, Rr.'Young ................... ?. NAYS: None ............................. O, STADIUM: Council at its meeting of March 11, 1957, having directed the preparation of an Ordinance to accept the p~oposal of Riley N. Jackson Company for the cons(ruction of a Pedestrian bridge over Roanoke River between South Roanoke Park and Maher Field,-Mrs. Pickett offered the following-emergency Ordinance: (~13011} AN ORDINANCE accepting the proposal of Wlley-N.-Jackson Company for the constrcction.ofa pedestrian bridge; authorizing the proper City Officials to execute the requisite contract; authorizing the City Auditor to pay,the costs there.f from,the Improvement~Fund-Armory and Stadium Account; rejecting all other bids; and providing for an emergency. (For fill text of Ordinacce,.see Ordiuance~Rook No..22,,Page 124.) Mrs.-Pickett' moved the ad0ptionof the Ordinance. The motion nas seconded by Mr. Webber and adopted by the following vote: AYES: Council members Carter;-Davieo~ Pickett, Webber, Rheeler, and the President~ Mr. Young ..................... STREETS AND ALLEYS:' Council at las meeting or March 11, 1957, having directed.the~preparutloo or an Ordlnnuce~occepting the offer'or the Sinclair Refinlng'Compaay'to. donate to the City of ROanoke rot street widening purposes u lO-foot strip or lued lyiug.adJuceut to Missourl'Aveoue, N. E**Mr. Wheeler moved that the following Ordluunce be placed upol'its first readlug: (u13012) AN ORDINANCE authorizing the occeptance from Sinclair Refiuing Coupany or a conveyance or · strip or land on the north side of Missouri Aveeueo WHEREAS, SInclair Refining Compuny has'offered to convey unto the City a strip of land contiguous to the eortherly side of Missouri.Avenue, H. E** 10 feet in width from the eost side of Ontario Street and running in an easterly direction 275.22 feet, for street widening purposes; and WHEREAS, the City Planning Commission, after proper study, has recommended the acceptance or the aforesaid conveyance. THEREFORE. RE IT ORDAIHED by the Council of the City of Roanoke'os follows: 1. That the City Clerk be, and he is hereby, authorized to receive from Sinclair Refining Coopany a-deed, upon form approved by the City Attorney, conveying unto the City of Roanokea strip of land contiguous to the northerly side of Missouri Avenue, N. E., 10 feet in width from the east side of Ontario 5treat and running in an easterly direction 275.22 feet, to be used for street widening purposes, and to admit said deed to record in the Office of the Clerk of the Hustings Court of the City of Roanoke, Virginia; and 2. That this Council doth hereby express unto Sinclair Refining Company its appreciation for said company*s generosity in donating the aforementioned land unto the City of Roanoke. The motion mas seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young .................. NAYS: None~ ........................... O. PARKS AHD PLAYGROUNDS: Conncil at it s meeting of March 11, lg57, having directed the preparation of an Ordinance to include in the park system of the city certain properties, Mr. Carter moved that the following Ordinance be placed on its first reading: (n13013) AN ORDINANCE incorporating certain smaI1 areas into the City*s park system. WHEREAS, the City has heretofore acquired legal title to the real estate hereinafter mentioned; and WHEREAS, the City .Planning Commissioo, afterproper study~has recommended that said real estate be incorporated In the City*s park'system, In which recommendation this Council concurs. THEREFORE, BE IT ORD~XNED by ~he Council of the City of Roa~ohe that the following real estate be, and the same'is hereby, incorporated into and shall henceforth constitute portions of the Clty*s park system**viz.: OFFICIAL NUMBER 1310901 2211009 2211010 2211011 2332009 233201O 2332011 ~rlnnglo Blocl~ 31o MI?ct ¥1em l'- Bi;ck ss, nP Lot 2, Block 330 BP, .. Lot 3, Block 33, BP Lot 9, Block 79, Melrose Lot~ lO,'Block 79, Melrose · Lot 11, Block 79, Melrose N. E. Coreer, ~Salem Avenue and 20th Street NS Gllmer Averts between 13th and 14th Street N. M** section NS. Stamntom Aveioe, betweel 20th and 21st Street, N. M** The motion mas seconded by Mr. Davies and adopted by the follomlcg vote: AYES: Council members Carter, Davies, Dillard, Pickett, Rabbet, Mheeler, and the President, Mr. Young ......... ?. NAYS: None ................... O. MOTIONS AND MISCELLANEOUS BUSINESS: POLICE DEPARTMENT: Mr. Dillard stated that he is very much concerned over statements of the Chief of Police made to the press about his inability to employ suitable Roanohe residents to fill vacancies in order to bring the department of police to its full strength as authorized by Council, and an additional article subsequent thereto appearing in the neuspapers quoting the City Manager as stating that he could *get aroundN the six months residence lam by employing men on a temporary basis and placing them in the Engineering Department until the statutory residence requirement had been fulfilled, Mr. Dillard voicing the opinion that such a matter should have been presented to Council in the usual manner for consid- eration rather than in the form of statements to the press in a build-up attempt evade the law enacted by the Virginia legislature. Mr. Dillard also voiced the opinion that in a city of more than 100,000 inhabitants there are qualified men mbo are willing to be policemen If given the opportunity with a reasonable expectancy of being~ated fairly by all concerned, Mr. Dillard stating further that the charter should not be changed or evaded to permit the employment of nonresidents, and that if, as the City Manager has implie* there are not enough qualified citizens in the city to fill municipal positions, it is clear to him that something is wrong somewhere, mhich in his opinion is the fault of management, mbo it would seem does not feel that citizens of the city should be given preference for municipal Jobs. Mr. Dillard then moved that the Mayor appoint a committee of Council members to consult with the City Manager and the Chief of Police and study qualifications required of persons applying for the position of police officer. Mayor Young stated that he feels the required qualifications are satisfact* that possibly salaries are too low to attract persons to the Police Department, and that in his opinion residents of the contiguous areas to the city, if qualified, should be employed as police officers after residents of the city are exhausted. Hr. Mebber stated that Section 31 of the City Charter, in his opinion, pre~u~es~Couacil from izterrering uit~ ~he City Mnznger in the employment'of police~orfieers end operatio~'~f ~he'Po~ice Depor~nt,'that insofar as he kaous proper lzv~stigation is beizg made by the Police Department and the City Manager of nil applicants rot employment as police'*officers, and that the method of e~pl~lng%pR'lice officers and operatin~"t~e:Poli~e 5epartment has produced one ~uhich runh~ favorably with other cities~ and iR the opinion of many citizens, is an excellent lam enforcizg agency. There being no second to Hr. ~ill~rd*~ motion,-lt was lost. There being no further b~siaess,'Council adjourned. APPROVED COUNCIL. RECULAR MEETING, Nonduy, Barck 25, 1957. The Council of the City of Roanohe met in regulur meeting in the Council Chamber in the Municipal Building, Wouduy, March 25° 1957, at 2:00 o"clock, p. m,, the regular meeting hour, with the Preeident, #r. Young, presiding. PRESENT: Council members Carter. Davies, Dillard, Pichett, Webber. Wheeler and t~e President. Hr. Young ............. 7. ABSENT: None ..................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. Barry R. Yates, City Auditor, and Hr. J. Robert.Thomas City Clerk. INVOCATION: The meeting was opened with a prayer by Mr. Arthur S. Owens, City Manager. MINUTES: Copy of the minutes of the regular meeting held on Monday, March 11, 1957, having been furnished each member of Council, upon motion of Mr. Carter, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STORM DRAINS: The Purchasing Agenthaving previously advertised for bids fox the drilling of drainage wells in the Williamson Road area of the City of Roanoke, the following bids were received: G. C. Kimberlin and 5on, $37,goo.oo;'R. M. Leighton, $46,560.00; and Sydnor Pump and Nell Company, Incorporated, $43,000.00. The City Clerk also reported the receipt of a bid from Scott Roarh Mall Drilling Company, Incorporated, in the amount of $34,500.00, advising that the bid was not accompanied by the five per cent bidderts bond required by the advertisement calling therefor. Mr. Carter moved to refer the bids received, including the bid of Scott Roark Nell Drilling Company, Incorporated, to a committee to be appointed by the Mayor for tabulation, study and recommendation, said recommendation to include whether or not the bid of Scott Roark Nell Drilling Company, Incorporated, should be accepted. The motion was seconded by Mr. Wheeler and adopted. The Mayor then appointed u committee composed of Messrs. Herbert A. Davies Chairman, Arthur.S.-Omens, John L. Wentworth and H. Cletus Broyles. STREET PAVING: The Purchasing Agent having previously advertised for bids for paving of streets.at various locations in the City of Roanoke, the following bids were received: Robert T..Main Company,.$204,380.O0; Virginia Asphalt Paving Company, Incorporated, $199,180.00; and Adams Construction Company,.$1g?,780.O0. Mr. Nheeler~moved to, refer the bids to.a committee to be appointed by the Mayor for tabulation, study and recommendation. The motion was seconded by Mr. Carter and adopted. , : : ,: The Mayor then appointed a committee consisting of Messrs. W. B. Carter, Chairman, ArthurS. Owens, John L. Wentworth and'H~Cletus'Broyles. PETITIONS AND COMMUNICATIONS: PARES AND PLAYGROUNDS: The City Clerk presented a petition from citizens of the southeast area, requesting that two vacant lots, being Lots O and g, Block 3, Bivermont Development Corporation, situate in the 1600 block of Ninth Street, S. £., be included ia the nity park system for use os o pleygronod for small children. Mr. Webber moved to refer the request to the City Manager end to the City Planning Commission for study end recommendation. The motioo mas seconded b7 Mr. Wheeler old ~dopted. POLIC£ DBPARTM£~rr-CITY JAIL: The City Clerk presealed communications from the State Department of Welfare and Institutions, tronsmJtting reports on iespecti, of the police lookup and the city Jail on March 6, 1957. Mr. Carter moved to refer the reports to a committee consisting of Wessrs. Herbert A. Davies, Chairman, Walter L. Young, Arthur 5. Owens and Il. Cleans Hrofles for its use in its study of the city Jail. The notion mas seconded by Mr~ Wheeler end adopted. SCll00LS-PARRS AND PLAYGROUNDS: The City Clerk presented a communication from the Roanoke City School Board, requesting that Council approve the Shrine Hill property as a location for a senior high school and an elementary school; aisc a communication from the School Hoard, requesting permission to include in the School Board*s long-range plnnnlng program Thrasher Park in the southeast section and the city farm in the southwest section as possible future locations for school2 Dr. Webber moved to refer the request to a committee composed of Messrs. Arthur S. Owens, Chairman, J. P. Cruickshank and Randolph G. Whittle for study, consultation with the School Hoard and recommendation to Council of the exact area In each of the parks which should be set aside for school sites. The motion was seconded by Mr. Wheeler and adopted. BONDS: The City Clerk presented a communication from the City Auditor, advising that $900,000.00 of bonds will be due on July 1. 1957, and that dna to the inadequacy of the Sinking Fund, it will be necessary to issue $850,000.00 of refunding bonds to provide for the payment of the bonds coming due, the City Auditor recommending that the $550.000.00 refunding issue be serial bonds payable over a period of twenty years, with $40.000.00 due in each of the years 1958 to 1967, inclusive, and $45,000.00 due in each of the years 1960 to 1977, inclusive, the bonds to be sold on May H, 1957, dated June 15, 1957, and delivered June 20, 1957. Mr. Carter moved to direct the City Attorney to prepare the proper Ordinan providing for the issuance of $850,000.00 of refunding bonds as recommended by the City Auditor. The motion was seconded by Hr. Davies and adopted. INVITATIONS-CELEHRATIONS: The City Clerk presented a communication from the City of Hampton, Virginia,extending an invitation to the Council of the City of Roanoke and the City Manager, along with their spoases, to be guests of the City of Hampton on "Hampton Day", May 1. 1957, commemorating the landing of the Jamestown Settlers in 1607. Mr. Dillard moved to accept the invitation of the Cityof Hampton with advice that it will be advised at a later date the names of.the representatives from the City of Roanoke mbo will be present. The motion was seconded by Mr. Wheeler and adopted, SEWAGE DISPOSAL: The City Clerk presented a communication, transmitting o Resolution of tke Board of Supervisors of Roanoke County, requesting that the eontrnct or September 20, 1954, between the City or Room,he nnd the County of Ronnohe, dealing with the treatment of domestic nnd commercial wastes, be amended to include o 43.S-acre trnctt south nad east of Tinker Creek, adjoining Summerdean Subdivision, Sections 3 and 5, on the north. Hr. Carter loved to refer the request to a committee composed of Ressrs. Roy L. Webber, Chairman, Walter L. Young, Arthur S. Owens asd Randolph G. lhittle for study mud recommendation. The motion was seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: PARRS AND PLAYGROUNDS: The City Nannger reported that Dr. George B. Lamson bas offered to donate to the city u strip of land along Roan,he River west of Franklin Road, S. M., to be used for the extension of Wiley Drive, and recommende~ acceptance of the offer. In this connection, the City Clerk presented a report of the City Planning Commission, advising that it has studied the matter and in its opinion it Is to the interest of the public and to the cityts advantage to acquire said strip of land, the Commission recommending acceptance of the offer. Mr. Davies moved to concur in the recommendation of the City Manager end the City Planning Commission and offered the following emergency Ordinance: (n13014) AN ORDINANCE authorizing the acceptance from DF. George D. Lawson of a conveyance of a strip of land on the westerly side of Franklin Road, S. and providing for an emergency. (For full text of Ordinance, see Ordinance ,,ok No. 22, Page 127.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Rt. Young ................ NAYS: None .......................... O. TRAFFIC: Council at its meeting of Rarch 4, IgST, having referred to the City Monagerfor study and recommendation arequest of Mr. A. F. Wagner, 1715 Orange Avenue, N., W., that a traffic signal be erected at Seventeenth Street and Oraoge~Avenue, N. N., the City Manager reported that a survey conducted ia this area does not Justify'the erection of a traffic signal as requested. Hr. Carter moved to concur in the report of the Clt! Manager anddeny the request. The motion was~secouded by Mr. Wheeler and adopted. BUDGET-CITY:SERGEANT: The City Ranager reported that the City Sergeant has requested an additional appropriation of $200.00 to Stationery and Office Supplies in the Sergeantts account of the 1957 budget, which request has been approved by the State Compensation Board. Mr. Carter moved to concur in the request and offered the following emer- (n13015) AN.ORDINANCE to amend and reordaln Section #27, *Sergeant*, of the lg57.Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 128.) Rr~ Carnet'norad the ad,pti,nor the Ordinance. -The notion was seconded by Mr. Davies iud adopted by the foil,wing.vote: AYES: Council uembers Carfare Davies, Dillard, Pickett, Rebber, Mbeeler, the President,' Mr.' Yoecg- ............. ~---?. - ' NAYS: None ......... ~--~ ........... O. MATER DEPARTRENT: The City Manager presented a communication from the Honorable Overran Hr,oki, member of Congress, mbo is President of the National Rivers and Harbors Congress, advising that the Forty-fourth Aueual~National Convention of the National Rivers and Harbors Congress mill be held in Meshington, D. C., May 16-18, 1957, and inviting the City of Roanoke to send delegates. Mr. Carter moved to acknowledge receipt of and file the communication. The motion mas seconded by Mrs. Pickett and adopted. GARBAGE REROVAL: The City Yanager reported that the Purchasing Agent has advertised and received bids for the purchase of three 3-ton to 4-ton truck cabs and chassis', bids being received from the Magic ~ity Motor Corporation, in the amount of $12,470.00; Dickerson GMC, Inc'orporated, $12,585.00; Johnson-McReynolds Chevrolet Corporation, $12,666.00; Shackelfard-Cox Track and Rachinery Company, $13,099.891 Old Dominion Motor Corporation, $13,585.41; Antrim Motors, Incorporated, $13,392.001 and Fulton Rhine Truck Coopany, Incorporated, $17,988.00, the City Manager advising that all bids meet specifications and recommending the acceptance· of the bid of the Magic City Motor Corporation in the amount of $12,470.00. The matter mas laid over until the next regular meeting of Council. BUDGETrHEALTH DEPARTMENT: The City Manager reported that the supply of 5alk Vaccine in the city is practically depleted and that information received by the Health Department indicates that an acute shortage of the vaccine exists nationally, necessitating the securing of priorities for the purchase thereof, and that around April 1S, 1957, vaccine in limited amounts will be available to those mbo have already secured priorities, the City Manager advising further that the Roanoke County Chapter of The National Foundation for Infantile Paralysis, Incorporated, has allocated $5,000.00 for the purchase of Salk Vaccine and administration of a program designed to continue widespread inoculation in the city in order to protect the citizens against infantile paralysis daring the coming summer and recommending that Council appropriate $10,000.00 to the Health Department accocnt of the 1957 budget for the purchase of Sulk Vaccine, $4,500.00 of which will be reimbursed by the Roanoke County Chapter of The National Foundation for Infantile Paralysis, Incorporated, the details of the inoculation ~rogram to be worked out later. Mr. Dillard moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (n13016) AN ORDINANCE to amend and reordain Section #lO, *Health Department of the 1957 Appropriation Ordinance, and providing for 'an emergency. (For fill text of Ordinance, see Ordinance Rook No. 22, Page 128.) Hr.'~Dillurd moved the adoption of the Ordinance. Tke notion was seconded by Hr. Webber end adopted b7 the following vote: AYES: Council members Carter, Davies, Dillard, Pichett, Hebber/ Wheeler, and the President, Mr. Young .......... NAYS: None ..................... O. REPORTS OF COMMITTEES: DEPARTMENT OF POBLIC WELFARE: Council at its meeting of March 11, 19ST, havieg referred to Messrn. Arthur S. Omens nad Randolph G, Mhittle the request of Mr. Charles S. Oooley, 2014 Carvin Street, N. E** that the city reimburse him in the amount or $50.00 rot room and board for Hrs. Carrie Hiller mhd resided In his hone iron Ney 23, 1955, to August 31, 1955, during mhlch time she was on the city's relief rolls, the committee submitted lis report, advising that Hrs. Hiller, who was a resident of the City Home, moved to the hone of Mr. and NFS, Dooley at their request, in a private arrangement between the two parties, and subsequently was returned to the City Home after leaving the home of Mr. and Mrs. Dooley, that the agreement for the payment of HFS. Rilleres room and board was handled entirely.between the Dooleys and Mrs. Miller, the city, nor any of its representatives, having been consulted regarding the move or how the payments for roou and board were to be net, therefore, the connittee can see no way in which the city could be expected to compensate a private debt and does not recommend payment of an7 funds to Mr. ned HFS. Oooley. Hr. Carter moved to concur In the report of the committee. The motion was seconded by Hr. #heeler and adopted. GARBAGE REHOVAL: Council at its meeting of March I1, 1957, having referred to Ressrs. Herbert A. Davies, Chairman, Arthur S. Owens, John L. #entmorthand II. Cletes Broyles for study and reconnendation bids received by the Purchasing Agent for the purchase of a Diesel Powered Crawler Tractor, the committee submitted its report, recommending that the Iow bid of Rlsh Equipment Company, in the amount of $19,339.00, be.accepted, and advising that an appropriation of $1,339.00 will be necessary to provide forthe payment of the tractor. Rt. Webber movedto concur in the recommendation of the committee and offer the follobing emergency Ordinance: : (=13017) AN ORDINANCE accepting the proposal of Rash Equipment Company, Roanohe, Virginia, for furnishing the City of Roanohe a Diesel Powered Crawler Tractor,:in. the amount of $19,339.00 net, F. O. H. Roanohe, 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 Ordinance, see Ordinance Hook No. 22, Page 129.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr~ Hheeler and adopted by. the following vote: :~ .AYES: Council members Carter, Davies, Dillard, Pickett, Hebber, Hheeler, and the President, Mr. Young ................. 7~ , NAYS: None ........................... O. Hr. Webber then offered the following emergency Ordinance appropriating the necessarl additional funds: (al301O) AN ORDINANCE to emend and reordnin Section n144, 'Departmental Equipment and Improvementsu, of the 1957 Appropriation Ordinance, and providing for an emergency. L ' (For full text of Ordinance, see Ordinance O,oh No. 22, Page 130.) Hr. Webber moved the adoption of the Ordinance. The motion mas seconded by Hr. Davies nnd adopted by the roll,ming vote: AYES: Council members Carter, Davies, Dillard, Pichett, Webber, Wheeler, and the President, Hr. Young ................ WAYS: Noae .......................... O. SEWAGE DISPOSAL: Council at its meeting of February 18, 1957, having referred to a committee consisting of Messrs. Roy L. Yebber, Chairman, Walter L. Young, Arthur S. Omens and Randolph G. Rhittle for study and recommendation a request, of the Board of Supervisors of Roanoke County that the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, be amended to include an area lying along State R,mtn #601 east of Corrina Creek, the committee submitted its report, recommending that the request of the county be granted. Mr. Davies moved to concur in the recommendation of the committee and offered the following Resolution: (u13019) A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes. (FOP full text of Resolution, see Resolution Rook No. 22, Page 130.) Mr. Davies moved the ~option of the Resolmtion. The notion was seconded by Mr. Carter and adopted by the f. Il,ming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Hr. Young ........... NAYS: None ..................... O. CITY CODE: Council at its meeting of July 5, 1955, having appointed a committee consisting of Messrs. Leigh D. Danes, Jr., Chairman, Welter L. Young, Roy L. Webber, Arthur S. Owens, and James N. Klncanon to assist the City Clerk in revising the Roanoke City Code, the committee submitted its report, advising that it believes it has fulfilled its assignment since the new Code has been received in the office of the City Clerh, copies having been distributed to all members of the committee for their examination and copies having been transmitted by the City Clerk to each member of Council,'the committee, therefore, recommend- ing that it be discharged. Mr. Carter moved to concur in the report of the committee. The motion was seconded by Mr. Davies and adopted. In this connection, the City Clerk advised that the cost of the Code per volume was $16.50 and he has had several reque.sts for the Code from Attorneys who . wish to purchase same, the City Clerk requesting authority to sell the Codes at $16.50 per volume. · Mr.~ Carter moved to concur in the request of t.he City Clerk that he be authorized to sell the, new City Code ut,$16.50 per volume. The motion seconded by Mr. Davies and adopted. , , Hr. lubber then Bored to direct th~ City Clerk and the City. Attorney to prepare a Resolution providing for the sale of~ the. pew ~lty, Code and. other, Ordinances and reprints of said Code for prese~tation to Council. The motion mas seconded by Mrs. Pickett and adopted, STREETS AND ALLETS.-SCHOOLS: Council at its meeting of November 28, 19S5, having referred to a conmittee consisting of, Ressrs. Herbert A, Davies, Chairman, Arthur S. Omens, J. P. Crulckshank, James N. Kincanon and Hrs. nary C. Pickett rot study and recommendation a report of the City Planning Coamission, recommending that the=proposed extension of Beverley Boulevard to Spring Road be provided for on the city's Grandln Court School property on the condition that Mr. R. R. Quick mould, acquire the. necessary land either, by purchase or by exchange of land adjoin- lng thereto, and lmprore the street according to the provisions or the Subdivision Ordinance, thecommittee .submitted its report, recommending concurrence in the report of the City Planning Commission, provided that there be an exchange between the city and the Spring Valley Development Corporation of 1.59 acres of land, the parcel to be conveyed to the city to be immediately adjoining the school property on the west, and. the parcel to be conveyed by the city to the Spring Valley Development Corporation to be the northernmost part of the present school property, the said Spring Valley Development Corporation to retain an easement to construct u semer line across the property conveyed to the city, said sewer line, If constructed, in nowise to impair the city's use of said land for School purposes, and the city, to be permitted to use said sewer line also. further, that theSpring Valley Development Corporation be required to construct and improve the extension of Beverley Doulevard across the property in accordance with the present . Subdivision Ordinance. : . Mr. ~ebber moved that Council concur in the report of the committee and tha~ the following Ordinance be placed upon its first reading: (~I~020).AN ~RDXHA~C~ authorizing and directingthe conveyance of approximately l. Sg acres of land along the northern portion of tke City,s Crandin Court School property in exchange for an equal quantity, of land immediately adjoining, said school property on the west, upon certain terms and conditions. MHEREAS, Spring Valley Development Corporation has offered to acquire from the City approximately 1.59 acres of land presently comprising the northerly part of the CityOs Grandin Court School property and has agreed, if its said offer be accepted, to convey to the City au equal quantity of land immediately adjoining said school property to the mest and, at its own expense and under the provisions and requirement of the City*s Land Subdivision Ordinance, to effect an extension of Beverley Boulevard from its southerly terminus over other land of said developer and over the major portion of the 1.S9 acre parcel to be acquiredfrom the City, to connect with Spring Road, S. M., at a location between Alberta Avenue and Spessard 10'0 ' WHEREAS, the City Planning Comwlssioat*to whom said propocnl~was heretofor* referred, las recommended that there is u need for such street'extensioo ond tilt tam proposed exteosfoa Is the most practical location for · proper street grade and tint'the school land proposed to be atllfzed for such purposes is of little value tothe*City rot future development of the school area; amd ~ WHEREAS, a committee heretofore appointed by the Council has likewise recommended that the aforesaid proposal be accepted'by the Council upon the terms and conditions hereinafter set forth; und ...... : WHEREAS, the Roanoke City SchoolBoard, by formal resolution,'has consented to the exchange of. lands hereinafter authorized upon the terms and conditions hereinafter'provided, *, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that% upon delivery to the City by Spring Valley Development Corporation Of agond and sufficient deed of conveyance, upon such form as is approved by the City Attorney, conveying to the City an equal quantity of land immediately adjoining the present westerly line of the City*s Grandin Court School property, over which said land said grantor may retain an easement for the later construction of a public sewer line, the proper City officials shall be, and they are hereby, authorized to execute and deliver to Spring Valley Development Corporation the City*s deed conveying to said corporation approximately 1.59 acres of the northernmost part of the City*s present Grandin Court School property substantially as said parcel is shomn onacertaln Plat Showing Proposed Location of meter/ay Boulevard, S.' M., prepared by C. B. Malcolm ~ Son, V.S.C.E., under date of November 9, 1954, Revised May 14, 1955, upon condition that the major: portion of said 1.59 acre parcel of land be immediately utilized for extension of Beverley Boulevard, 'S. N., to connect with Spring Road, substantially as shownon the aforesaid plat, said street extension to be effected at the sole cost of said developer end in full accordance with the provisions of the Cityts Laud SubdivisionOrdinonce and to become a part of the public street system of the City of Roanoke. The motion was seconded by Wr..Carter and adopted by the folloming vote: AYES: Council members'Carter, Davies, Dillard, Pickett, Webber, Nheeler, and the Pre'sident, Mr. Young ................ ?o NAYS: None .......................... O. WAGES-CITY EMPLOYEES: The Job Classification Committee, heretofore appointe~ by Conncll, submitted a report, recommending the folloming changes to the Job Classification and Pay Schedule Plan adopted by Resolution No. 12912: 1;Change Assistant.to.Building Commissioner from Group VII to Group V. This recommendation based on added duties and responsibilities occasioned by reorganization of department. 2. Provide new title of Senior Draftsman in Group VIII. (This title to be used in discretion of the City Ranager in lieu of the title in the Engineering Department qualified himself · and the needfor advancement is necessary, for retention.) This recommendation to provide for advancement of Draftsmen in Engineering Department based upon need for retentions and does not contemplate additional personnel. 3. Under Group Assignments - Hourly Paid Jobs: Add Trainee (TP} for Sewage Treatment Plant in Group 8. This recommead~tion is made to provide relief workers to substitute for end relieve operators at Sewage Treatment Plant. There are 1,520 hours of work above normal for the operators now on regular duty. 4. The authorined number of Assistant Operators at the Sewage Treatment Plant be increased from three to four. in order that one employee, now classified as Sewage Maintenance Helper, may be properly classified in occordauce with the duty he now performs. 5, That two employees of the Health Department, now classified ns Typist II, be reclassified as Clerk-Stenographer. This recommendation based upon a restudy of the positions after acquiring additional information concerning the work involved by the department. Employees affected are Janlce A. Slusher'and Jessie C. Lindsay. Mr. Carter moved to concur in the report of the committee and offered the following Resolution: (u13021) A RESOLUTION making certain changes in the Job classification and pay'schedule plan adopted by Resolution No. 12812. (For full text of Resolution, see.Resolution Book No. 22, Page Mr. Carter moved tbeadoption of the Resolution. The motion was seconded by Ur. Davies and adopted by the following vote: AYES: Council menbers Carter, Davies, Pickett, Webber, Wheeler, and the President, Mr. Ynnng ..................... NAYS: Mr. Dillard ................ 1. Mr. Carter then offered the following emergency Ordinance with regard to the Sewage Treatment Plant: , (m13022) AN ORDINANCE to amend and reordain 'Operating.Expenses" of the 19S7 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For fall text of Ordinance, see Ordinance Rook No. 22, Page 134.) Mr, Carter moved the adoption of the Ordinance. The motion was Seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter,.Davies,Ptckett, Webber, Wheeler, and the President, Mr. Young ................. NAYS: Mr. Dillard ....... ~ .... 1. , , Mrs. Pickett'.then offered the follOwing emergency Ordinance with regard to the Health Deportment: (~13023) AN ORDINANCEto'amend and reordain Section#40~ "Health Department of the 1957 Appropriation Ordinance, and providing for an emergency. (Fo~ full.text.of.Ordinance, see Ordinance Hook No. 22, Page 134.) Mrs. Pickett moved the adoption,of the Ordinance. The motion was seconded by Mr. Carter and adopted by the following vote:.' 101 102 AYES: Council members Carter, Davies, Pickett, Webber, Mheeler, nad the President, Mr. Youag~'~ .......~'~6. ~ ' ' · MAYS: Hr. Dillard ......... 1. UMP INISUEB BUSINESS: STREETS' AND ALLEYS: Council at its meeting of #arch 11, 1957, having referred to the City Planning Commission for study and recommeudatiom · request of MIroe O. Dugun. et nl~ that a portion of · turn-around ut the end of Stoneridge Road, S. M** be vacated, discontinued and closed, So that the radius of said turn-around shall be reduced from fifty feet to fortl feet, and bi Resolution Mo. 13000. adopted ut the same meeting, having appointed viewers t~ viem said propertl and report thereon u~ r~quired by ~lam, the Clt~ Planning Commission submitted its report, advising that since ~he Subdivision Ordinance'requires a turn-around of only forty feet in radius it is the opinion of the Commission that the rights of the adjacent property Owners or the public at.large will not be destroyed bi granting the request; therefore, the Commission recommended that the request of the petitioners be granted. The City Clerk also presented a report of the viemers, advising that they are unanimouslI of the opinion that no inconvenience mould result either to any individual or to the public from vacating, discontinuing and closing a portion of the turn-around as requested by the petitioners. Rt. Mebber moved to hold a public hearing in the mutter at 2:00 o'clock, p. m., April 22. 1957, in the Council Chamber in the guaiclpal Building. the attorney for the petitioners to prepare the notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Rt. Mheeler and adopted. STREETS AND ALLEYS-RATER DEPARTMENT: Council at its ~eeting of March 4, 1957. having referred to the City Planning Commission for study aod recommendation a report of the City Ranager. proposing the midening of an alley exteudiog northerly from Rosewood Road. S, E,, between Lots 1 nad 2, Block 7, Rosemood Park. a~d Lots S and 8, Block ~. Rosewood Park, from ten feet to t~enty feet in ~ldth, in order to provide for aa adequate right of may for the extension of a mater main, the City Plaooiog Commission submitted its report, advising that in its opinion it mould be to the interest of the public that the said alley be ~idened, and that since the property o~ners ~ho proposed the said widening have offered to.dedicate necessary land therefor, the Commission recommends concurrence in the request. Hr. Carter moved to direct the City Attorney to prepare the proper Ordinance carrying out t~e recommendation of the City Ranager and the .City Planning Commission. The motion was seconded by Mr. Rheeler and adopted. LIBRARIES: Council at its meeting of February 25, 1957, having referred to the Roanoke Public Library Boardfor study~and recommendation a communication from the Oakland Parent-Teacher Association and others, requesting that Council provide better library facilities in the Mllliauson Road area, the Board submitted its report, advising that It is virtually impossible to add to the services in the present building housing the Milliamson Road branch and that if a new branch library should be constructed the Board mould require proportionately larger appropriations r,r-maintenance and operation of the branch, that the Hoard is cognizant.of the oeed~for a branch library in the Mllliawson Road area,and is fully sympathetic with the request, bowever~the~power to authorize the constructl* or such a building rests with Council. , Mr..Webber moved to table the matter for comsideratlon along with the 1950 budget. The motion was seconded by Mr. Mheeler and adopted. CONSIDERATION OF'CLAIMS:HONE. ,- INTRODUCTION AI~D CONSIDERATION OF ORDINANCES-AND RESOLUTIONS: STREETS AND ALLEYS: Ordiaance No. 13012, authorizing the acceptance from Sinclair Refining Company of a conveyance of a strip of land on the;north side of Missouri Avenue, N. E., for street widening purposes, having previously been before Council for its first reading, rend and laid over, was again before the body. Mr, Davies offering the f. Il,ming for its second reading nod final adoption: (s13012) AN ORDINANCE authgrlzing the acceptance from Sinclair Refining Company of a conveyance of a strip'of land onthe north side of Missouri Avenue, (For full text of Ordinance, see Ordinance H,oh No. 22, Page 125.) Mr. Davies moved the,adoption.of.the Ordinance. The motion was seconded by Mr. Carter and adopted by the following vote: AYES: Council members Carter, Davies,.Dillard, Pickett, Webber, Wheeler, and the'President, Mr. Young ................ 7. NAYS: None .......................... O. PARKS AND PLAYGROUNDS: Ordinance No. 13013, incorporating certain small areaslnto the clty*s park system, having previously been before Council for its first reading, read_and laid over, was again her,rathe body, Mr;'Carter.offering the f. Il,wing for Its second reading and final adoption: (z13013) AN ORDINANCE*incorporating certain small areas into the Clty*s (For full text of Ordinance, see Ordinance Hook No. 22~ Page 126.) Mr. Carter moved the adoption of the Ordinance, The motion was seconded by Mr. Mheeler and adopted by the following vote: - · AYES: Council members Carter, Davies, Dillard, Pichett, Mebber, Mheeler, and the President, MF~ Young ............. ~7. .. · NAYS: None ........................ AIRPORT: Council at its meeting of January 14, 1957, having.appointed a committee consisting, of Messrs. Roy L. Webber, Chairman, Malter,L. Young, Herbert A. Davies, Arthur S. Omens, Harry.R. Yates and Randolph G, Mhlttle for the purpose of negotiating with the American, Eastern and Piedmont Airlines concerning their contracts for operations at Ho,drum Field which expire March 31~ 1957, the committ, reportedth~t it has been unable to complete its.negotiations with the airlines and recommeadedthat Council extend the present contracts for sixty days in order to provide the committee wlth~additlonal time,for its.negotiations. :~ Mr. Carter moved to~concer la the.recommendation of~the committee and offered the.following Resolution with.regard to American Airliaes~ Incorporated: 103 104 (a13024) A RESOLUTION coeditloeally extending the enistiag coatrects~ be*meca American Airlines, Inc., and the City of Roanoke with reference to said Compsay*s operations at Roanoke Runicipel Airport. (For full text of Resolution, see Resolution Book No. 22, Page 135.) Mr. Carter moved the adoption of the Resolution. The motion wes seconded by Mr. Davies end adopted by the f,Il,ming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the Presideat, Mr. Young ..... ~ ........... ?; : MAYS: None ........................... O. Mr. Davies then offered the following Resolution with regard to Eastern Airlines, Incorporated: (~13025) A RESOLUTIOM conditionally extending the existing contract between Eastern Airlines, Incorporated, and the City of Roanoke mith reference to said Conpany*s operations at Roanoke Municipal Airport. (For full text of Resolution, see Resolution Book Mo. 22, Page 135.) Mr. Davies moved the adoption of the Resolution. The motion was seconded Mr. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................. ?. NAYS: None ............................ O. Mr. Wheeler then offered the following Resolution with regard to Piedmont Aviation, Incorporated: (~13026) A RESOLUTION conditionally extending the existing contract betmeen Piedmont Aviation, Inc., and the City of Roanoke with reference to said Company's operations at RoanokeMunicipal Airport. (For full text of Resolution, see Resolution Book No. 22, Page 136.) Mr. Rheeler moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Carter, Davies, Dillard,.Plckett, Webber, Wheeler, and the Presideut, Mr. Young ................ MAYS: None .......................... O. MOTIONS AND MISCELLANEOUSBUSIMESS: IWVITATIONS-SCBOOLS: The Mayor presented a communication from the Buf~ Lane Parent-Teacher Association, inviting the members of Council to attend the next regularly scheduled meeting of the Roanoke City School Board to be held at the Duff Lane.School, at which time it is proposed to discuss with the School Board the possibility of split sessions in the third and fourth grades in the Milliamson Road area. The City Clerk was instructed to acknomledge receipt of the communication and to advise that such members of Council as can will attend the meeting. · TRAFFIC: The Mayor stated that he has been approached by numerous citizens, suggesting that the city Ordinances be amended to raise the minimum age for securing a permit for the operation of an ant,mobile from sixteen years to eighteen years, and requested that the City Attorney farnish Council an opinion, advising whether or not the body has Jarisdictiou in the matter. MUNICIPAL COURT: The.City Clerk reported that Messrs. Robert M. Spessord an Ccrroll O. Rea hare qealiried ea Substitute Municipal Judges to serve ce the~ Municipal Coert rot the terms to which they mere appointed by Council at Its meeting or #arch 11, 1957. At this point, the Mayor recessed the meeting until 7:30 clclock, p. m., at which time Council has set a public hearing on the request or the Safety Motor Transit Corporation and the Roanoke Railway and Electric Company that aa existing contract between the city and the companies be emended to revise the rate s~hedule and the gross receipt tax. BUSES: Council et its meeting or Rarch 4, 1957, having set a public hearin, for 7:30 o'clock, p. m., March 25, 1957, in the Council Chamber ia the Ranicfpal Building. on the request of the Safety Rotor Transit Corporation and the Roanoke Railway and Electric,Company that en existing contract between the city and the companies be amended to revise the rate schedule and the gross receipt tax, upon nhicb a,committee of Council has mede certain recommendations, and notice of the hearing having been peblished in The Roanoke Rorld-Neus on March 15, 1957, the hearing was held. Hr. Harold P. Oriscoll, 635 Elm Avenue, S. favor of adoption of the recommendations as submitted by the committee of Council. Rrs. Garland F. Foster, representing the Central Council Parent-Teacher AssoCiation,. appeared and requested that Conncil consider mahing no increase in the fares-for school children since she believes that it will encourage hitch- hiking among the school children and work a hardship on the parents who have several children in school, Hrs. Foster stating that Central Council recommends that other means be attempted to alleviate the financial difficulties of the bus companies r~tbeF then raising school chlldren*s fare rates. Mr. Leonard G. Ruse, Attorney for the companies, appeared before Council advised that his clients mede their request for increased fores end alleviation of their tax burden because of the fact that they lost $167,000.00 in the last five years, $20,000.00 of mhich was lost in the year 1956, the loss, in effect, having been taken from their depreciation on their equipment which prohibited the purchase of new buses, Mr. Muse advising that the companies have bought no new buses since the year 1947, that they are faced with a wage increase of six per cent which will cost approximately $45,000.00 per year, that the companies have suffered a loss in passengers over recent years and have taken every measure within their power to reduce operating costs to offset the loss in revenoe and tie increase in cost of labor and materials and supplies, that they~ will continue to make every effort to economize their operations consistent with the needs of the public. In response to a question from the Mayor, Mr. Muse advised that there has been no change In the bookkeeping procedures of the companies since the last fare increase in 1955, at mhich time-they snbmitted their bopks to the city's selected accountants for audit, and that the companies will be happy to again submit their books to anyone the city selects to go over them. 105 ~06 ~' Ia respoese.to.a..questioa from Mr~ Webber, Mr. Muse advised that the cowpa~ will honor their:contract with.thv:Rainoke~Clty'Sckool~Board~for,the~trnnsportieg of chlldrea oe special-buses.until the end off. the present.budget year. ,- :~ In response to a qeestloa from Mr. Dillard, Mr. Muse~stated~the foil.ming: that'the companies meet'to continue'their-operations.in faee.er'thelosses sustained because of pridee~.their obligations"ta'their~'preseatiead'retired eeployees, and,their obligations to'the~public force, still needed transportntloe system, thin the companies,hope the public transportationbusiaess mill stabilize in face of the pr.bless of traffic end parking for private motor vehicles, that theydo not'want'to admit defeat unless the7 have to.-:~ ' -' · · ' ', In · further discussion of the uatter~ Mr; Muse pointed~out that the companies enJoyed profits of approximately $150,000.00 in the four years next preceding the.five, years in which their losses were sustained, that the value of their buses presently operated mas Sglq,0oo. OOcost. now depreciated down to $102~O00. O0..that the companies paid taxes amounting to$53,013.00 in 1956. while the schools paid the bus companies $36,000.00 for operatimofs~eclnl school buses under the contract between the two. Mr. Dillard then asked whether the companies feel the city should subsidiz the operation of buses in the city in view of their attitude that they should not be required to subsidize the'hauling of school children by low fares, to'which ~r. Muse replied that he does not feel it a subsidy to grant the bus companies a contract under.which they can operate without losing woney~ hut that rather the bus companies operating at annual deficits are subsidizing the people who are. in $98,000.00 per annum, it being the hope of his committee that further operating he feels, the ? 1/2~ rate for school children recommended by the committee is city to operate between areas with adequate parking for privately owned larger cities. les Hr. Carter them moved to concur ia the report or the committee, recotmeadJa that the general sale or tokens be eliminnted, that the charge rog meekly posses be increased grom $2.00 to $2.$0. tkat the gore of school chlldree be increased from 5, to ? 1/2~ per ride, mbinh moeld be accomplished by the companies selling such cblldree two tokens ot 15~, Dod that tke gross receipt tax BOm paid to the city be reduced grom font per cent to two per cent, retroactive to January 1, 1957, and to direct the City Attorney to prepare the proper Ordinances to be presented to Conical. The motion USS seconded by Nr. Davies. Hr. Dillard then offered a substitute motion to take up and act upon each recommendation or the committee separately. The sobstitate motion mas seconded by Hrs. Pickett and lost by the folloulng vote: AYES: Council members Dillard and Pickett ................. 2. NAYS: Council members Carter, Davies, Webber, Wheeler, and the President, Hr. Young .................... ,Hr. Carter*s motion was then adopted by the following vote: AYES: Council members Earter, Davtes, Pickett, Webber, Wheeler, and the President, Hr. Young .................. 6. NAYS: Hr. Dillard ............. 1. There being ~ further business, Council adjourned. A P PR DY E D President 08~ COONCIL, REGULAR MEETING, Monday, April 1, 1957. The Council or the City or Roanoke met la regular meeting in the Council Chamber in the Municipal Hullding, Monday. April 1. 1957, at 2:00 o'clock, p, m** the regular meeting hour, with the President, Mr. Young. presiding. PRESENT: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Hr. Young ................... ?. ABSENT: Nooe ........................... O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. Harry R. Yates. City Auditor. and Mr. J. Robert Thomas City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend C. Blanchard, Pastor of the Melrose Pentecostal Holiness Church. MI~HYES: Copy of the minutes of the regular meeting held on Ronday, March I0. 1957, having been furnished each member of Council, upon motion of Mr. Davies. seconded by Mr. Carter and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND CORBUNICATIONS: BUDGET-CIRCUIT COURT: The City Clerk presented a communication from the Judge of the Circuit Court, requesting an appropriation of $455.00 for the purchase of a typewriter and a stand for his office. Hr. Webber moved to concur in the request and offered the 'following emergen Ordinance: (u13027) AN ORDINANCE to amend and reordain Section ~144, "Departmental Equipment and Improvements", of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 138.) Rr. Mebher moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber and Mheeler .............................. NAYS: The Presldeot, PENSIONS: The City Clerk presented a communication from Mr. J. H. Fallwell, Director of Public Melfare, requesting that Council give consideration to amending the Employees' Retirement System Ordinance to provide for payment to the estate of a deceased retired member of the system of funds remaining in his annuity account. Rr. Mheeler moved to refer the request to the Board of Trustees of the Employees* Retirement System, said Hoard to furnish Council with u statement of the cost of complying with the request of Mr. Fallwell. The motion was seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: MATER DEPARTMENT: The City Manager reported that the boat ·sad for putrolli: of CorvJ·s Cove is no longer suitable for that porpose by reason or uear, and that regardless or the future of Curtius Cove os · recreational area, patrolling must be continued far protection or the meter supply gad drainage area in the Cove, the City Hscager recommending the purchase of · Rem boat end motor uhich he estimated will cost between $1,500.00 end $1.600.00. ars. Pichett moved to direct the City Manager to secnre firm prices for the purchase or a bout and motor and report same to Council for its consideration. The motion mas seconded by Mr. Carter and adopted, the President, Hr. Young, voting no. CITY EMPLOYEES: The City Manager recommended that Ordinance No. relating to vacations, sick leave and military leave for officers and employees of the City of Roanohe, be amended to substitute working days for calendar days in computing slch leave and to delete the provision for one weeh*s uilitary leave to oil employees of the city called to military service. Hr. Carter moved to refer the matter to a committee cocsistin9 of Messrs. Roy L. Nebber. Chairnan. Derbert A. Davies, Arthur S. Omens and Darry R. Yates for study and recommendation. The motion mas seconded by Mr. Nheeler and adopted, Mr. Dillard voting no. TRAFFIC: Council at its meeting of February 16, 1957, having referred to the City Manager for study and recommendation a request of Mr. Derman C. Arthur that consideration be given to the erection of a traffic signal at the intersec- tion of Thirteenth Street and Dale Avenue, S. E.o the City Manager submitted a report, advising that a survey conducted at the intersection in question indicates that many other intersections of the city have a higher priority for consideration and that no funds are available in the 1957 budget for the erection of a traffic signal aa requested; therefore, he recommendedthat the matter be considered lo the lg58 budget. Mr. Carter moved to concur in the recommendation of the City Manager and to table the matter for conslderationolong with the lgSR bndget. The motion mas seconded by Mrs. Pichett and adopted. ROANOKE PUBLIC LIBRARY: The City Manager transmitted an annual report of the Roanoke Pobllc Library Board covering the year 1956. The report was ordered filed. BUDGET-GRADE CROSSINGS: The City Manager reported that.on JonelY, 1g$3, appraisers, on behalf of the city, made'an agreement with the Mt. Zion AME Church to replace:a wall.along the rear of its property as a condition of purchasing necessary land from said ch·rch'ln connection with the Hunter Memorial.Bridge and Its approaches, replacement of mid wall estimated to cost approximately the City Manager requesting that an appropriation be made for this amount. Mr. Mebher moved .to direct the City Attorney to prepare an Ordinance providing for the appropriation requested.. The motion was seconded by Mr. Nheeler and adopted. : 109 218 Hr. Davies moved tho odoptlon or the Ordiznuce. The motioz wis seeoaded by Mr. Backer and adopted b7 the follomizg vote: AYESc COUBCi! members Davleso Decker, Dillard, Pickett, hod the President, ur. Youog ................... NAYS: Couuell members #ebber and ~heeler ............ 2. TRAFFIC-CITY PROPERTY-STR£ETS AND ALLEYS: Ordinance Do. 13115, authorizing the City Manager to use a portion of the east end of the General Robert E. Lee Plaza rea street purposes, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. #heeler offering the following for its second reading and final adoption: (a13115) AN ORDINANCE directing the City Manager to cause the east end of the General Robert E. Lee Plaza to be cut back in order to facilitate the flow of traffic and appropriating the necessary funds to defray the cost thereof. (For fall text of Ordinance, see Ordinance Book No. 22, Page 222.) Mr. Mheelev moved the adoption of the Ordinance. The motion was seconded ~. Decker and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Rubber, Mheeler, and the President, Hr. Young ................. 6. NAYS: Mrs. Pickett ........... 1. STREETS AND ALLEYS-AIRPORT: Council at its meeting of July 1, 1957, having directed the preparation of a Resolution to provide for amendment of the contract between Adams Construction Company and the City of Roanoke for paving of streets at various locations In the city to include the placement of asphalt on the Airport Access Road in the amount of $9,500.00, Mr. Mebber offered the following Resolution: (z13122) A RESOLUTION amending the contract between Adams Construction Company and the City of Roanoke providing for the paving of streets at various locations in the City. (For full text of Resolution, see Resolution Book No. 22, Page 223,) Hr. Mebber moved the adoption of the Resolution. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, #ebber, Mheeler, and the President, Mr. Young ................ NAYS: None .......................... O. TUBERCULOSIS SANATORIUR-ALMSBOUSE-MELFARE DEPARTMENT: Council at Its meetin of July 1, 1957, baying tabled for consideration at its next regular meeting the question of appointing.a committee to study the future nme of the Tuberculosis Sanatorium at Coyner Springs and other matters, Mr. Dillard offered the following Resolution: (~13123) A RESOLUTION appointing a committee to study the adequacy of the existing properties of the City for use as a City Dome and also for the ho~pitall- zatJon of Indigent patients; the recommended method and estimated cost of operation the type and scope of additional housing if any In considered necessary; the sufficiency of the water supply, sewage disposal nad other utilities; all other 110 BHDGET-JDVENILE DETENTION HOME: The City Manager presented a request of the Chief Probation Officer of the Juvenile Detention Home for ua appropriation of $99.50 for the purchase or ten head and foot boards for beds, advising that the funds are Due hundred per cent reimbursable by the state, the City Manager coacur- ~ag in the recommendation. Mr, Carter moved that Council concur in the recommendation of the City Manager and that un emergency Ordinance, providing for the appropriation of $99.50 to the Juvenile Detention Home account of the 1957 budget, be adopted. The motion mas seconded by Mrs. Pickett end lost by the following vote: AYES: Council members Carter and Pickett .............. 2, NAYS: Council members Davies, Dillard, Rabbet, Mheeler, and the President, Mr. Young .......................... DEPARTMENT OF PUBLIC MORKS: The City Manager reported that the Purchasing Agent has received bids for one Motor Pick-up Sweeper from Skurfer Equipment and Supply Company. in the amount of $0,949.0&; aunicipal Sales Company, Incorporated, in the amount of $9,210.00; and Capital Equipment Company, Incorporated, in the amount of $11,449.34, all F. O. D. Roanoke, Virginia, and r~commended that the lom bid of Skurfer Equipment and Supply Company be accepted. Mr. Dillard moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~13028) AN ORDINANCE accepting the proposal of Shaffer Equipment and Supply Company, Richmond, Virginia, for furnishing the City of Roanoke a Motor Pick-up Sweeper, in the amount of $9, 157.00, less cash discount of $207.14 if invoice paid within tea days after date of delivery, F. O. D. Roanoke, Virginia; authorizing and directing the Purchasing Agent to purchase the sweeper in accordant, with said proposal; and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 22, Page 138.) Mr. Dillard moved the adoption of the Ordinance. The motion mas seconded by Mr. Bheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, #ebber, Bheeler, and the President, Mr. Young ................ 7. NAYS: None .......................... O. SEI~ER CONSTRUCTION: Council at its meeting of February 4, 1957, having referred to the City Manager for study and recommendation a request of Mr. J. Carl Poindexter that the city install a sanitary sewer on an assessment basis in Larchwood Street, N. E., north of Kanter Road, the City Manager reported that in investigating the matter he has been informed that Mr. Poindexter has installed a septic tank and is no longer interested in the original proposal. Mr. Carter moved to file the report of the City Manager. The motion mas seconded by Hr. Davies and adopted. STREET NAMES: The City Manager submitted a report, recommending the follow- ing changes in street names in the city, along mith a communication from the City Planning Commission concurring in the recommendations: 1. Change Commonwealth Avenue from Rutherford Ave. to Shenandoah Avenue to lllliemson.Roed. Change F6~rth Street.rs. E.'. u°rth from Rutherford Avnnue to Williams,ri.Road.. qhaage to Courtlaad Road: Foarth Street. N. B** frow present Williamsoe Road intersection north to Vilkiaa Strewn. Wilhins Street from Old Wllll~mson Road to Courtlaad Aveaneo Courtlaad Avenue. Change to Cherokee Street: Thirteenth Street. ~. £.. between McDowell Avenue.mud Gregory Avenue. 4. Choage to Winsloe Drive. N. W.: WcAfee Street. N. M. 5. Change to Edinburgh Drive. S. W.: Yorkshire Drive. N. 6. Change to Pocahontas Ave.. N. E.: Short Avenae. 7. Change to Preston Avenue: National Ave** M. £. Change to Oliver Road. M. £.: Leonard St** M. E. G. Chnnge to Edga~ Street: Band! St.. S. E.. south of Buena Vista Boulevard. Change to nyrae Street. S. W.: Cedar St.. S. from Roanoke ATenue to Mountain View Terrace. Change to Mohawk Street: Florida Ave.. M. E.. from Sixth St. to Eleventh St. 9. Change to Alan Road:· Alan-a-Dale Road in Sherwood Forest. Change to Salem Avenue: West Avenue. S. Change to Westport Avenue: Salem Avenue (old Richmond Ave.). west of l?th Street. S. W. Change to Eastport Avenue: East Avenue. M. E. Change to Whitman Street. S. E.: Oakland Street. Change Rosewood Road. S. E** to Redwood Road. S. ~.. to avoid a duplication of a street name in Grandam Court. Hr. Dillard moved to hold a public hearing on the recommended changes at 2:00 o'clock, p. m.. April 22. 1957. in the Council ChaMber in the Ranicipal Building. and to direct the City Attorney to prepare notice of said hearing and submit it to the City Clerk for publication. The motion was seconded by Mr. Uheeler and adopted. REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of February, 1957, and reported other departmental reports on file ia his office. The report was ordered filed. TRAFFIC: Council at its meeting of Hatch 25. 1957. having requested the City Attorney to submit an opinion on the pomer of the city to prohibit the issunnc of a motor vehicle operator*s license to minors under the age of eighteen years, th, City Attorney submitted his report, advising that in his opinion the city, by proper Ordinance, can prohibit minors under the age of eighteen from driving motor vehicles on the streets and alleys of the city. Mayor Young stated that he had called for the opinion of the City Attorney in this matter, but upon investigation, has been convinced that increasing'the age at mhich minors cam'operate motsr Vehicles i~ the city from sixteen to eighteen years wou~d worh a hardship on many careful drivers in that category. Mr. Carter moved to file the 'report. The notion was seconded by Mr. Davies and adopted. REPORTS OF COMMITTEES: STORM DRAINS: Council at its meeting of March 25, 1957. having referred to 111 112 · committee consisting of lemurs, Herbert A, Davies, Chairman, Arthur S. Oueos, John L. Men·worth ·nd H. Cie·us Broyles bids received for the drilling or drainage wells in the Nilllnuson Rood area, the committee submitted its report, recommeodfs that the bid of G, C. [imberlla nod Soo, in the amount of $3?,980,00, be accepted Rnyor Yceog stated that in view of the difference or $6.40 per llneor foot for drilling iR rock between the bid-of.G, C. Kimberlin nnd Soo and other bids received he would lihe to have · statement of the amount of dirt nnd the omonnt of roch encountered in digging p~evlcus wells In the Millinuaon Rand area. UFo Webber moved to table the matter on·il the next regolar meeting of Council and to direct the City Auditor to furnish the body a statement showing the · moon· of roch and the amount of dirt drilled through ns shown upon estimates paid for drilling of prior wells in the Milliauson Road area. The motion was seconded by Mr. Wheeler and ·dopted. STREET PAVING: Council at its meeting of March 25, lg$?, h·ving referred to o committee consisting of Messrs. M. H. Carter, Chairman, Arthur S. Omens, John L. Men·worth and H.. Cie·ua Droylea far tabulation, study and recommendation bids received for the paving of various streets In the City of Roanoke, the committee submitted its report, recommending accept·ncc of the low bid of Adams Construction Company in the amount of $197,780.00. Mr. Wheeler moved to direct the City Attorney to prepare an Ordinance in accordance with the recommendation of the committee to be submitted to Council at its next regular meeting. The motion was seconded by Mr. Davies and adopted. UNFINISHED HUSINESS: GARBAGE REMOVAL: A report of the City Manager, recommending acceptance of the low bid of the Magic City Motor Corporation for three 3-ton to 4-ton truth chassiswlth cabs in the total amount of $12,470.00, having been tabled by Council at its meeting of March 25, 1957, for consideration at its next regular meeting, th matter mas again before the body. The City Manager advised that these trucks are to be delivered to the manufacturer of the garbage truch bodies recently purchased by the city in Detroit, Michigan, to have the bodies mounted thereon, and are ~ubsequently to be delivered to the City of Roanoke, F. O. B. Roanohe, Virginia, with the bodies monnted thereon Hr. Carter moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=13029) AN ORDINANCE accepting the proposal of Magic City Motor Corporatio Roanoke, Virginia, for furnishing the Crt, of Roanoke three 3 l/2-ton trnok chassis with cabs, in the total amount of $12,470.00, F. O. B. Roanoke, Virginia; authortzil and directing the Purchasing Agent to purchase the truchs in accordance with said proposal; and providing for an emergency. (For full text of Ordinance, see Ordinance Boob ~o. 22, Page 139.) Mr. Carter moved the adoption of the Ordinance. Zhe notion was seconded by Mr. Davies and adopted by the following vote: AYES: Conncil members Carter, Davies, Dillard, Pickett, Webber, Mheelero and the President, Mr. Young ...................... ?. - NATS: ~One ..................... Oo CONSIDERATION OF CLAIMS: NONE. ,INTHODBCTION ,AND CONSIDERATION OF ORDTNANCES AND BESOLUTIOBS: STREETS AND ALLEYS-SCHOOLS: Ordiqnnce No. 13020, relating to en ~xchnege or property between the Spring Valley Development Corporation end .the City of Roe!oke-.ia connection with the extension of Beverley Boulevard, S, N., through the northern portion of,the Grandln Court School property to Spring Road, having previously been before Council rot Its (Irst ~eeding, read and laid over, mas again before the.body, Mr. Davies offering the following ret its second reading e!d final adoption~ (u13020) AN ORDINANCE authorizing and directing the conveyance of approximately 1.59 acres of land along the northern portion of the Clty*s Grandam Court School property in exchange for an equal quantity of land immedia?ely adjoining said school property on the west, upon certain terms and conditions. (Fo~ full text of Ordinance* ~ee Ordinance Book No. 22, Page 137.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Mr, Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young .................. 7. NAYS: None ............................ Oo BONDS: Council at its meeting of March RS, 1957, having directed the preparation of an Ordinance to provide for the sale of $950,000.00 of refunding bonds, Mr. Mheeler offered the following emergency Ordinance: (a13030) AN ORDINANCE to provide for the issue of bbnds of the City of Roan Virginia, in the amount of Eight Hundred Fifty Thousand Dollars ($050,000) to provide funda with ~hich to retire, at maturity, Eight Hundred Fifty Thousand Dollars ($850,000) outstanding term bonds of the City of Roanoke, Virginia, that become due and payable on theFirst day of July, 1957; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 22, ~age 140.) The Ordinance having been read in its entirety, Mr. Mheeler moved its adoption. The motion was secondedby Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Mbeeler, and the President, Mr. Young ................. T. NAYS: None ........................... O. BUSES: Council at its meeting.of March.25, 1957, having directed the preparation of Resolutions amending the contract between the City of Roanoke and the Roanoke Railway and Electric Company and the Safety Motor Transit Corporation, Mr. Carter offered the following.Resolution repealing Resolution No. 12415: (a13031) A RESOLUTION conditionally repealing Resolution No. 12415, adopted on the 6th day of June, 1955. (For full text qf Resolution, see Resolution Book No. 22, Page 143.) 113 114 Hr, Corner moved the ndoptiOl of the Resolutioo. The motiol wis seconded by Mr, Webber nnd adopted by the following vote: AYES: Council members C~rter~ Davies, Pickett, Webber, Rbeeler, ood the President, Mr. Young .................... 6. NAYS: Mr. Dillord ............... 1. Mr. Dories then offered the follomlag Resolution amending the contract: (o13032) A RESOLDTION conditionally amending pnrogrnphs numbers (l) and (S) of o contract dated August 1, 1951, between the City of Roanoke tod the Roooohe Railuey ~ Electric Company and moiety Motor Transit Corporatioo, to redoce the per centom of gross income payable to the City and to authorize an increase in fares. (PAr rail tent of Resolution, see Resolution Rook No. 22, Page 144,) Mr. Davies movedthe adoption of the Resolution. The motion was seconded by Mr, Mheeler and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Mebber, Jheeler, and the President, Mr. Young .................. NAYS: Mr. Dillard ............. 1. STREETS AND ALLEYS-WATER DEPARTMENT: Council at its meeting of March 1957, having directed the preparation of proper Ordinances to provide for the acceptaoce of easements for the widening of an alley extending northerly from Rosewood Road, S. E., from ten feet to twenty feet, Mrs. Pickett offered the following emergency Ordinance accepting an easement from mr. J. A. Turner: (s13033) AN ORDINANCE authorizing the acceptance from J. A. Turner of a conveyance of an easement through Official Lot No. 4440907; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 145.') Mrs. Pickett moved the adoption of the Ordinance. The notion was seconded by Mr. Mheeler and adopted by the roi'lowing vote: AYES: Council members Carter, Davies, Dillard, Pickett, Robber, Mheeler, and the President, Hr. Young ................ NAYS: None .......................... O. Mr. Mheeler then offered the following emergency Ordinance accepting an easement from mr. A. S. Pettrey: (~13034) AN ORDINANCE authorizing the acceptance from Allen S. and Monzell Pettrey of a conveyance of an easement through a part of Official Lot No. 4440906: and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 22, Page 146.) Mr. Mheeler moved the adoption of the Ordinance. The notion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pichett, Mebber~ Nheeler, and the President, Mr. Young .................. 7. NAYS: None ............................ O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Conncil adjourned. APPROVED COUNCIL, REGULAR MEETING, #oodny. April B, 1957. The Council of the City or Rossoke met in regular meeting In the Council Chstber ia the Municipal DulldJog. Monday, April 8, 1957, et 2:00 otclock, p. m.o the regular meeting hour. mith the President, Mr. Yon.g, presiding. PRESENT: Council members Carter, Davies, Dillard, Pickett, Mebber, Nheeler, aid the President, Hr. Young ................. ?. ABSENT: None ......................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittl City Attorney, Mr. Harry R. Vat*s, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Carl T. Gentry, Pastor of the Valley Viem Mesleyan Methodist Church. MINUYCS: Copy of the minutes of the regular meeting held on Monday, March 2S, IqST, having been furnished each member of Council, upon motion of Mr. Carter, seconded by Hr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SE~ERS: The Purchasing Agent having previously advertised for bids for the construction of an B-inch cast Iron sewer siphon under Tinker Creek, north of Orange Avenue, N. E., and a 6-inch and an B-inch cast iron sewer siphon under Roanoke River in the vicinity of the Pittsburgh Plate Glass Company building, the following bid was received: M. S. Hudgins, $8.920.00. Mr. #ebber moved to refer the bid to a committee consisting of Messrs. Arthur S. Owens, Chairman, John L. Rentworth and Il. Cletus Broyles for study and recommendation. The motion was seconded by Mr.. Mheeler and adopted. STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m., April B, 1957, in the ~onncil Chamber, on the reqoest of Dixie Appliance Company, Incorporated, that Shenandoah Valley Avenue, N. E., be vacated, discontinued and closed from its intersection with Forest Hill AY*nme north to Lot 4, Block 11, and Lot 17, Block 12, Laurel Terrace .Map, and notice of the hearing having been published in The Roan*he Morld-News on March 22, 1957, and the City Planning Commission having previously recommended that the request be granted, and a Board of Viewers appointed by Council having reported that in its opinion no inconvenience would result to either any individual or the public from vacating, discontinuing and closing said street, the public hearing was held at which no one appeared in opposition. Mr. George M. Draper, Attorney for the petitioner, appeared and requested that Council grant the request of his client. Mr. Carter moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: 115 116 (n13035) AN ORDINANCE vacating, discontinuing and closing that part of Shenandoah Valley Avenue, N. E., running north 500 reek from Forest Bill Avenue to Lot 17, Block 12, end to Lot 4. Block 11. according to the Mop of Laurel Terrace Corporntioe, IFlt~REA~, Dixie Appliance Company, Incorporated, has heretofore filed its petition before the Council or the City of Roanoke In accordance with law, ia which said petition the said Dixie Appliance Company, Incorporated has requested Council to permasently vacate . discontinue and close that portiot of the said Shenandoah Valley Avenue, N. E., hereinafter described, of the filing of which said petition due notice was given to the public as required by law; and NRRREAS, in accordasce with the prayer of said petition, roamers were appointed by Council to view the property and report la writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing the hereinafter described portion of Shenandoah Valley Avenue, N. and RR~REAS, it appears from the report in writing filed by said viewers in this proceeding (filed with the City Clerk, together with the affidavit of said viewers on the 26th day of February, 1957), that no inconvenience would result, either to any individual or to the public from permanently vacating, discontinuing and closing the said portion of said street; and RREREAS, the City Planning Commission had a public hearing on the 6th day of March. 1957, at which hearing there was no objection to the vacating of said portion of said street, and the City Planning Commission recommended to the Council of the City of Roanoke, Virginia, that the portion of Shenandoah Valley Avenue, N, E., running north 500 feet from Forest Hill Avenue to Lot 17, Block 12, and to Lot 4, Block 11, according to the Map of Laurel Terrace Corporation, be vacated, discontinued and closed, with the City retaining any necessary easement for public utilities; and MREREAS, the Council of the City of Roanoke. Virginia, did oo the 8th day of April, 1957, at 2:00 o'clock, p. m., in the Council Chamber, after due publication as required by law, hold a public hearing on the request of Dixie Appliance Company, Incorporated, for the closing, vacating and discontinuing of the portion of the aforesaid street; and RBEREAS, Council itself is of the opinion that no inconvenience would result to the public or to any individual by permanently vacating, discontinuing and closing that portion of said street as hereinafter provided; and RH£REAS, it further appeara to Council that the amid petitioner bas agreed to bear and defray the expenses and costs incident to this proceeding. THEREFORE, RE IT ORDAINED by the Council of the City of Roanoke that the portion of Shenandoah Valley Avenue, N. E,, running north SO0 feet from Forest Bill Avenue to Lot 17, Block 12, and to Lot 4, Block 11, according to the Map of Laurel Terrace Corporation, be, and the same is hereby permanently vacated, dis- continued and closed; and that all right, title and interest of the City of Roanoke and of the public in and to that portion of the said street described herein are hereby released insofar as Council is empowered so to do, the City of Roanoke, however, reserving unto itself an easement in the said former street for any existing sewer lines, storm drains or water mains and the right of ingress nd RE IT FURTHER ORDAIREO that the City Engineer be, end he is hereby directe~ to mark 'Permanently Vacated, Dlscontioued and Closed' that portion of Shenandoah Valley Avenue, N. E** running north SOO feet from Forestflill Avenue to Lot 17, alack 12, end to Lot 4, Block 11, according to the Rap of Laurel Terrace Cor- poration, on o11 maps and plots on file in the Office of the City Engineer of the City or Roanoke, Virginia, on which said maps and plats said street Is shown, referring to the book and page or Resolutions and Ordinances of the Council of the City of Roanoke wherein*this Ordinance shall be spread. BE 1T FURTHER ORDAIN£O that the Clerk of this Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, an attested copy of this Ordinance in order that said Clerk may record the same and make proper notation on all maps or plats recorded in his office upon mhlch are shomn the said former street herein persanently vacated, discontinued and closed, as provided by law. The motion mas seconded by Hr. Rheeler and adopted by the following vote: AYES: Council nembers Carter, Davies, Hlllord, Pickett, Robber, Rheeler, and the President, gr. Young .............. 7. NAYS: None ........................ O. STREETS AND ALLEYS: A public keoring having been set for 2:00 o'clock, p. April 8, 1957, in the Council Chamber, on the request of the Tines-World Corporation and Towers Shopping Center,'Incorporated, that certain streets and portions of streets and certain alleys located in the Nlnooa Addition at the intersection of Colonial Avenue and flrandon Avenue, So W., be vacated, discontinu and closed, and notice of the hearing having been published in The Roanoke Morld-News on March 22, 1957, and the City Planning Consission having previously recommended that the request be 9ranted, the hearing was held at which no one appeared in opposition. Mr. Carroll D. Rea, Attorney for the petitioners, appeared and requested that Council grant the request of his clients. Rt. Davies moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (n13036) AN ORDINANCE vacating, abacdoning and closing certain streets and portions of streets and certain alleys located In the City of Roanoke, Virginia, shown on the Rap of Winona Addition of record in the Clerk*s Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 1, page hereinafter sore particularly described and herein referred to as "said streets and alleys". WHEREAS, Tises-Rorld Corporation and Towers Shopping Center, Incorporated, have presented to the Council of the City of Roanoke an Instrument in Writing in compliance with .Section IS-?B&.I of the Code of Virginia of 19S0 for the purpose of effecting the vacation, abacdonment and closing of the said streets and alleys; and 117 118 WHEREAS, Tines-World Corporation end Towers Shopping Center, Incorporated, nre the owners of all of the land abutting on said streets end alleysl and WHEREAS, such racutloe, abandonment and closing would mot abridge or destroy ney of the rights or privileges of other property ownersl end WflER£AS, no inconvenience to the public would or could result rrna permanently vacating, abandoning end closing said streets nad alleys; end WHEREAS, there ere no sewer lines, storm drains, water males or other municipal installations now located in said streets and alleys; ned WHEREAS, the request of Times-World Corporation and Towers Shopping Center. Incorporated, for the vacation, abandonment and closing of said streets and alleys was duly made to and has beer considered and approved by the City Planning Commission at a meeting held on the 6th day of March, 1957, which approval has been officially transmitted to CouncJl~ and WHEREAS, a public hearing of the matter was held by the Council of the City of Roanoke, Virginia, on April 6, 1957, at which all interested parties were given an opportunity to be heard. THEREFOR£, RE IT ORDAINED by the Council of the City of Roanoke, Virginia, that it does officially approve and effect the vacation, abandonment and closing of and does hereby release and renounce all right, title and interest of the City of Roanoke, Virginia, and tbe public, in and to those certain streets and portions of streets and alleys located in the City of Roanoke, Virginia, sboun on the Map of Wfnooa Addition of record fn the Clerk's O~fice of the Circuit Court Roanoke County, Virginia, in Plat Book 1, page 266-267, and more particularly described as follows: (1) Fourth Street from the northerly side of Winona Avenue to the northerly side of Grace Avenue. (2) Grace Avenue from the west side of Fourth Street to the west side of Brandon Avenue. (3) Minona Avenue from the east side of Fourth Street to the west side of Braudon Avenue. (4) The alleys extending through Sections ?, 8, 9, 10 and 11 for the entire length and width of said alleys. (5) Third Street from the northerly side of Colonial Avenue to the southerly side of Grace Avenue. (6) Second Street from the northerly side of Winona Avenue to the southerly side of Grace Avenge. (7) First Street from the northerly side of Colonial Avenue to the southerly side of Winona Avenue. BE IT F~RTaER ORDAINED that the Clerk of this Council shall deliver to all interested parties such certified copies of this Ordinance as may be requested by them. The motion was seconded by Mr. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, #heeler. and the President, Mr. Young ................. ?. NAYS: None ........................... O. STREETS AND ALLEYS: A public bearing having been set for 2:00 o'cloch, p, w** April 8, 1957, In lie Coutcil Chamber, on the request or tko Slnclulr Refining Comport7 that Ontario Street, N. E** be vacated, discontinued nnd closed between Missouri Avenue nnd the property of the Miller Container Corporotioa, and notice of the hearing hiving been published in The Eoanok~ #orldoNews co March 22, I~ST, and the City Planning Cowwission having previously recoaneeded that the request be granted, the hearing was held. The City Clerk presented a report of viewers appointed under Resolution No. 13003, adopted by Council on March 11, 1957, advising that they have viewed the street and area in question and in their opinion no inconvenience would result froR the closing of the street iu question. No one appeared in opposition to the request. Mr. Ernest M. Callow, Attorney for the petitioner, appeared and requested that Council grant the request of his client, RF, Wheeler moved that Council concur in tho recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (a13037) AN ORDINANCE permanently vacating,, discontinuing and closing the northerly 256.24 feet of Ontario Street, N. £., bounded on the west by the right of way of the Norfolk and Western Railway Company, on the south by a line parallel to and 10.0 feet northerly from Missouri Avenue, N. E., on the east bi land of Sinclair Refining Company, Official Lots No. 3111413 and 3111414, and on the north by the land of Miller Container Corporation, Official Lot No. 3111401, said street being 30.0 feet wide and approximately 256.24 feet in length, all within the City of Roanoke, Virginia. RHEREAS, Sinclair Refining Company has heretofore proposed the closing of the northerly 256.24 feet of Ontario Street, N. E., bounded on the west by the right of way of the NorfolR and Western Railway Company, on the south by a line parallel to and 10.0 feet northerly from Missouri Avenue. N. E., on the east by land of Sinclair Refining Company, Offlclal Lots No. 3111413 and 3111414~ and on the north by the land of Miller Container Corporation, Official Lot No. 3111401, said street being 30.0 feet wide and approximately 256.24 feet in length. all within the City of Roanoke, Virginia; and City Council did, by Resolution No. 13003, appoint viewers to view said street and report to the Council as provide by law, and, further, referred said matter to the City Planning Commission for a study and report to the Council on the advisability of closing said street; and NREREA5, Ressrs. J. A. Turner, E. F. Jawison aad J. R. Meador, the viewers heretofore appointed, after waking oath that they would faithfully and impartially discharge their duties as viewers, have taben a view of said street, and have reported to the Council in writing that in their opinion no inconvenience would result from the closing of Ontario Street as hereinabove described and bare recommended that the same should be permanently vacated, closed and discontinued; and 1'19 120 WHEREAS, the City Planting Commission has'likewise recommended to the Coeccil that said portion of said street Sbould:be permanently vacated, closed cud discoatineed$ and ' WSEREAS,, ct a public heaving of the question held at the Council meeting on the 8th day or April, 1957, crier due and timely notice of such public heaving published in n local newspaper, no person appeared in opposition to the closing of abe sty*et es hereinafter provlded~ end WHEREAS, Council is ,itself of the opinion that no inconvenience would result from such closing and that that portion'of Ontario Street hereinafter described should be permanently vacated, closed and discontinued, THEREFORE. RE IT OHDAIr~D by the Council of the City of Roanoke that the northerly 256.24 feet of Ontario Street, N. E., bounded on the west by the right of may of the Norfolk andMestevn Railway Company, on the south by a line parallel to and 10.0 feet northerly from Missouri Avenue, N. E., on the east by land of Sinclair Refining Company, Official Lots No. 3111413 and 3111414, and on the north by the land of Miller Container Corporation, Official Lot Ho. 3111401, said street being 30.0 feet mid* and approximately 256.24 feet in length, all within the City of Roanoke, Virginia, be, and the same Is hereby, permanently vacated, discontinued and closed, and that oil' right* title and interest of the City of Roanoke and of the public in and to said portion of said former street is hereby released insofar as the Council is empowered so to do; the City hereby expressly reserving unto itself, however, an easement in said former street for any existing public semer line, storm drains, water mains or other public improvements heretofore constructed and presently existing in said former street. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directed to mark *Permanently Yacated, Discontinued and ClosedU, that portion of said former street herein vacated on all maps and plats on file in his office, referring to'the book andpage of Resolutions and Ordinances of the Council of the City of Roanoke wherein this Ordinance shall be spread. DE IT FURTHER ORDAINED that the Clerk of this Council shall deliver to the Clerk of the Hustings Court of the City of Roanoke, Virginia, an attested copy of this Ordinance in order that said Clerk may.record the same and make proper notation on all maps or plats recorded in his office upon which is nh*mn that portion of said street herein permanently vacated, discontinued and closed. The motion was seconded by Mrs. Pickett and adopted by the following vote: AVES: Council members Carter, Davies, Dillard, Pickett, ~ebber, Wheeler, and the President, Mr. Young ................ NAYS: None .................. ? ....... O. BUDGET-HEALTH DEPARTMEF~T: Dr. L. P. Ripley, Chairman of the Polio Eradica- tion Campaign of the Roanoke Academy of Medicine, appeared~before Council, stating that further studies of the Polio Eradication Committee*s plans in connection with the campaign, for which Council appropriated $10,000.00 at its meeting of March 25, 1957, $4,500.00 of said amount having been paid into the city by the Roan*he County Chapter of The National Foundation for Infantile Paralysis, Incorporated, have developed the fcct that these finds will purchase only a portion of the vaccine needed for the campaign in which it is hoped to inoculcte all persons in the Roanoke Valley between the ages or sim months cad forty years lu an ntteupt lo erudlccte polio in the trna, Dr, Rapier pointing out then picts ere being developed to continue the inoculation of children ns they become of minimum age on a continuing basis in the future. Dr. Ripley stated further that under the cityts rules and regulations it will be necessary, in order to operate the finances of the campaign on n revolving fund basis, to pay all fnnds received by the committee for reimbursement of the cost of vaccine used by business, Industry and others to which n charge is made into the city treasury and to bare said rands reappropriated by Council before they cna be used to purchase additional vaccine, which will delay and possibly defeat the purpose of the campaign; therefore. Dr, Ripley requested that Council authorize the Pollo Eradication Committee to retain funds received in this manner to be expended on a revolving fund basis for use in the cacpaign with the understanding that any residual funds remaining after the campaign.is completed shall be reimbursed to the local governuents participatin~ on a pro rate basis in ratio to their contributions. . ~ : Hr. Rebber moved to direct the City Attorney to prepare a Resolution for presentation to Council complying uitb the request of Dr. Ripley, The motion mas seconded by Hr. Nheeler and adopted. Ur. Rlpley then stated that.his committee has decided that in order to assure the inoculation of all school children no charge should be made for vaccine administered to them:and estiuated that an additional $10,000.00 mill be required for this purpose, which he recommended that Council appropriate, in order that all school children in the city might be protected. Mr. Dillard moved.to concur Jn the request.and offered the following emergency Ordinance: . .(e13038) AN ORDINANCE to emend and reordainSection ado, 'Health Deportment of the 1957 Appropriation Ordinance, and providing for an emergency. .(For full text of Ordinance, see Ordinance'Boob NO~ 22, Page 147,) Mr..Dillard moved.the adoption of the Ordinance. .The motion nas seconded by Mr. Carter and adoptedby the following rote: AYES:~Couucil~members Carter~Darles, Dillard, Plchett, Nebber,.Rheeler, PETITIONS AND COMMUNICATIONS: :. : ...... .. STREET LIGHTS:.TheCityCler~ presenteda communication;from the Appalachia Electric Power Company, reporting the installation of fifteen 2500 lumen street lights audthe removal-of-two. 2500 lumen streetlights in the city during the month of March, 1957, . ,..The report mas ordered filed. ~ ....... . TUBERCULOSIS SANATORIUM: The City Clerk presented a communication from the RoanokeHospital Association, advising that for some time it has been apparent that 121 122 there exists a public aped for the operation of a facility-for the ccwe..treatweut and rehshilitntiou of chronically Ill'or impaired persons, which facility mould serve between u harming hone amd a general hospital for the treatment'of long-term patients suffering from chromic diseases, permanent injury or disability, pathological alteration, or'other health conditions requiring a prolonged period of care end specialized rehabilitation treatment under eedicnl supervision, and that the Hoard of Trustees of the S~anohe Hospital Association in of the nplafoa that the*Corner.Springs property omned by the City of Roanoke. Virginia. nad presently inactive, mould provide the basic facility for setting up such a hospital; therefore, the Association requests the City of Roanoke to convey. assign and deliver to it. for a nominal consideration of $5.00. the real estate. buildings, improvements, equipment and all other properties comprising Corner Springs for the operation of such a hospital for the chronically ill. it being pointed out that omnership of the property mill be necessary for the Association to secure federal funds for modernization, alteration amd equipping of the sanatorium under the Hill-Burton Act. but as a protection to the city. it is proposed that such a deed of conveyance contain a reversionary clause to the effect that the real estate and all improvements on said real estate would revert to the city whenever the Roanoke Hospital Association. or any successor, should abandon the said property for hospital purposes and uses. Hr. Davies moved to table the request for consideration by Council. The motion was seconded by Rt. Mheeler and adopted. ROARD OF ZONING APPEALS: The City Clerh presented a communication from Mr. C. Cecil Flora. advising that by reason of removal of his residence to Roanoke County he is ineligible to serve as a member of the Hoard of Zoning Appeals and submitting his resignation therefrom. Mr. Carter moved that the resignation of Mr, Flora be accepted and that he be extended the thanks of Council for the services he has rendered the city as a member of said Hoard, T~ motion mas seconded by Mr. Dillard and adopted. CURH AND GUTTER: The City Clerk presented a con~municatlon from the Mary Louise Home of The Rlng*s Daughters, Incorporated, requesting that it be given priority for the construction of curb and gutter around its property at 1007 Amherst Street. $, R., on mhich it has erected a new building, Mr. Mheeler moved to refe~ the request to the City Manager tube handled administratively and for consultation with officials of the Mary Louise Home of The Kingts Daughters, Incorporated, concerning the possible donation of land by that organization for the widening of Mountain Ylem Terrace, $o M., adjacent to its property. Themotion nas seconded by Mrs. Pickett and adopted. REPORTS OF OFFICERS: STREETS AND ALLEYS: The City Manager reported that the Commonwealth of Virginia. Department of Highways.. has received bids for the widening of Salem Avenue. $. M.. on the north side. between Jefferson Street and First Street, and has awarded a contract to the Adams Construction Company, the low bidder, in the amount of $16,614.30, subject to the concurrence of the Council of the City of Roanoke and the United States Bureau of Public Roads and agreement to participate ia the additional cost of ten per cent for engineering and contingencies, making the tot~l:~o~t,of .lhe projectS20,475,?3, the City Manager recommending that Council concur. Nv, Car~er !0rediD concur in the recommendation or the City #meager and offered th~ ~ol.low~ng ~esolxtien: (z13037) A R~S0~UTIO~ concurring in the award of a contract by the Cotnonueulth of Virginia to Adams C~ustruction Company. (For rul~ text or Resglution, see. M~solutloa,Uook No. 22, Page 147.) Mr. CarA~r m~ved.th~ adoption, of. the Resolution. The motion was seconded by ~r.:Mhe~ler agd ad~p~ed by the ~ollowing vote: AYEs:.Couacil..!ea~ers Carter, Oav~es, ~lllaFd, ~lckett, Webber, Mheeler, and the President, Hr. Young .................. ?o FIRE BEPARTMEN!:.The City Manager reported the employment of Alton Lee Chinon as a member of the Fire Departuentf effective.April 1, 1957. Yhe report was ordered,filed. BUDGET-POLICE DEPARTMEI~T: The City Manager reported that after proper advertisement the Purchasing Agent received bids for furnishing a truck chassis and a special utility,body therefor for the Communications and Signal Department and advised that the low bids of the Magic City Motor Corporation for the chassis in the amount of $2~086.00, and BaherEquipment Engineering Company for the body, in the amount of $4,334.40, total $6~420.40, mhich Is $420.40 over the appropria- tion contained in the 1957 budget for this item, the City Manager requesting that an appropriation-:of ~421.O0.~be made to provide-for.the purchase of the equipment. Mr. Webber movedto concur in the recommendation of the City Manager and offered the full,wing emergency.0rdina~ce: ~ (m15~40) AN ORBINAN~ to amend and reordain Section ~144. 'Departmental Equipment and ~mp~ovemgnts'o of the 1957 Appropriation Ordinance, and providing for an emergency. . (For full text of OrdinanCe, see Ordinance Book RD. 22, Page 148.) #r. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler,and adopted by the following vote: ~ AYES: Council members Carter, Bavles~ Dillard. Pickett, Webber, Mheeler, and the President, Mr..Young ................ NAYS: Nome .......................... O. . SE~ERS-WATER DEPARYME.NT: The City Manager reported that in the construction of the RQan~ke-Sale~ S~opping Center on Melrose Avenue, ~. M., adjacent to the city limits, Giant Food Properties, Incorporated, has requested that it be permitted to construct a b-inch water main through its property for service of the various businesses to be located therein, conveying to the City of Roanoke a right of way easement wherein the water main would be c.onstructed and conveying to the City of Roanoke Mater Department title to the said water main. in order that the service m~ght be prorld~d in accordance with Rules and Regulations governing the Mater Department operation. Hr. Mheeler moved that Council concur in the request and that the followin Ordinance be placed upon its first reading: 123 124 (aI3041)AN ORDINANCE accepting the grant of a perpetual easement for a right-of-way for a six inch water main over and across the lands of Giant Food Properties, Incorporated. lying and being in the City of Roanoke, Virginia, and designnted as Official Tax Nos. 2761701 and 2750101~ and authorizing cad directing the acceptance by the Water Departuent of the City of Roanoke of title to the main laid therein upon certain terms and conditions. RHEREAS, Giant Food Properties, Incorporated. is the owner of certain lots and parcels of land lying and being in the City of Roanoke and designated os Official Tax nos. 2761701 and 2750101. upon which said tracts and parcels of land giant Food Properties, Incorporated, proposes and intends to construct a modern drive-in shopping center; and RHEREAS, Giant Food Properties, Incorporated, has offered to execute a deed conveying to the City of Roanoke a perpetual easement with rights of ingress, egress and regress over and across the said lands for the purpose of construction and maintenance of a six inch water wain and to convey title to the said main to the Mater Department of the City of Roanoke~ and RHEREAS, it appears that it mill be to the best interest of the City of Roanoke and Giant Food Properties, Incorporated, that the said easement end title be accepted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the said City. upon the execution by OlantFood Properties, Incorporated, of a proper deed approved by the City Attorney, accept the dedication of a perpetual easement with rights of ingress, egress and regress for the purpose of construction of a six inch water main according to the plans and specifications of the Water Department of the City of Roanoke, the exact location of the said easement, as shown on the Development Plan, Roanoke-Salem Shoppin9 Center, Revised April 1, 19S?, a copy of which said plan has been filed with the Water Department of the City of Roanoke, to be designated by the said Water Department. BE IT FURTHER ORDAINED, that upon completion of the said six inch water main according to the plans and specifications of the Mater Department of the City of Roanoke, mithout cost to the City of Roanoke, and the tender by Giant Food Properties, Incorporated, of title thereto in the form prescribed and approve¢ by the City Attorney, the Water Department of the City of Roanoke is authorized and directed to accept title thereto. The motion mas seconded by Mr. Carter and adopted bi the following vote: AYES: Council members Carter, Davies. Dillard, Pickett. Webber, Rheeler, and the President , Mr. Young ............... NAYS: None .......................... O. The City Manager then reported that Giant Food Properties, Incorporated, has requested that it be permitted to relocate a sanitary sewer line presently installed across its property in easements heretofore obtained, said semer to be relocated at the expense of Giant Food Properties, Incorporated, and in easements to be conveyed to the city by said corporation, provided the city will release its present easements, the City Manager advising that he concurs in the request of the corporation so that it might make better use of Its land in constrncting the shopping center. Ir. Dillard moved that Council concur la the request end that the following Ordinance be placed upon its first reading: (x!3042) AN ORDINANCE accepting ~he grant or · perpetual easement for right-Of-way for a sanitary sewer over and across the lands ~f Giant Food Properties, Incorporated, lying and being In the City ~f Roanoke, Virginia. and designated as Official Tax Nos. 2761701 and 2750101; and authorizing and directing the execution of a deed of release for certain existing easements across the said lands upon cereal· terms and conditions. NHEREAS, by deed dated February 15, 1950. and recorded in Deed Rook 910, page 369. in the Clerk's Office of the Bustings Court for the ClEF of Roanoke, N. L. Patsel and Sally McCoy Patsel, his wife, granted to the City a perpetual easement rot a rlght-of~way for a sanit,ary sewer across certain land described as Official Tax No. 2761701. according to Plan 3751 of the City Engineer; and NHEREAS, by deed dated February 23. 1950. and recorded in Deed Book 818. page 364. in the Cler'k*s or'rice of the Hustings Court for the City of Roanoke, S. J. Rc#illion and Florence F. BcHllllon, his wife, granted to the City of Roanoke a perpet·al easement for a right-of-way for a sanitary sewer across certain land described as Official Tax No. 2750101, according to Plan 3751 of the City Engineer; nnd NHEREAS, the City of Roanoke thereafter caused to be laid and constructed In said perpetual easements a sanitary sewer; and NHEREAS, the properties hereinabove referred to were subsequently acquired by Giant Food Properties, Incorporated, for the purpose and wlth the intent of constructing thereon a modern drive-in shopping center, and it appears that it will be to the best interest of both the City of Roanoke and Giant Food Properties. Incorporated, that the said perpetual easements and sanitary sewer be relocated over and across the said properties, and the said Giant Food Properties, Incorporated, has offered to grant to the City of Roanoke a perpetual easement for the relocation of the Lid saoitar~ sewer and to lay and construct the ~aid sanitary sewer at Its own expense and according to plans and specifications approved by the City Engineer, of the City of Roanoke, provided that the City of Roanoke will execute a deed of release of the existing perpetual easements. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the said City, upon the execution by Giant Food Properties, Incorporated, of a proper deed approved by the City Engineer and the City Attorney, accepts the dedication of a perpetual easement with rights of ingress, egress and regress, for the purposes of asnnitary sewer line on the hereinafter described lots and · . PARCEL I BEGINNING at a point on the northerly boundary line of the land of Giant Food Properties, Inc., said boundary linebelng also the south line of Nelrose Avenue. N. N. (D. S. Ilighway Route #460), said point lying South 75° 04' OOU. gast, 100.44 feet from the northeast corner of the entire property; the·ce, through the land of Giant Food Properties, Inc** South lgo 39* 20w Nest, 25~g9 feet. to a:paint; thence South33o 06' 20' Nest. 171.74 feet to a point; thence South 03o 00' 10' Nest, 300.07 feet to a point; thence South 10o 01' 30# Nest, 159.77 feet to a point; thence South 10o 56* O0# East, 169.84 feet to a 125 126 oiat; thence South 23° 26e 30u East, gO.$g feet to u point; thence South 69o 45* 00" East, 159.36 feet to u point, thence South 4S· 09* 40u Rust, 179.22 feet to u point; thence South 23o 5St 30u East, 159.26 feet to u point; thence South Olo 25e 30n East, 230.64~et to u point; thence South 14° OS iOu Eastt 79.12 feet to u point IB the · southerly b6nadary line of the land Giant Food Fropertles, lac** said point lying South SO° 43* 00" Meat, 450.35 feet from the intersection of the south boundary line of the land of Giant Food Propertfea, ~nc., ond the Nest line of Polh Street, N. the above being the center line ora'IS-foot Sanitary Sewer Easement. PARCEL II BEGINNING at a point on the easterly boundary line of the land of Giant Food Pro- perties, Inc** said boundary line being also the west line of Polk Street, N, I** said point lying North 23° 12' 00" lest, 11.00 feet, North I0° 55* 00" lest, 56.02 feet, and North Og° 250 O0u lest, 166.00 feet from the intersection of the south boundary line of the land of Giant Food Properties, inc., and the west line of Polk Street, H. l.; thence through the land of Giant Food Properties, Inc** North B9° 040 40" Mast, 419.50 feet, being the center line of a 12-foot Sanitary Sewer Enseo men*. BE IT FURTBER ORDAINED, that upon the completion of an 10-inch sanitary saner on Parcel X, and a 12-inch sanitary sewer on Parcel II by Giant Food Properties, Incorporated, at its own expense, according to the plans and specifications of the City Engineer, and the acceptance and approval of said sanitary sewers by tbe City Engineer, the proper officials of the said City shall execute and deliver to Giant Food Properties, Incorporated, a deed of release of the permanent easements granted to the City by deed dated February 15, lgSO, from i. L. Patsel and Sally McCoy Parsul, his wife, and recorded in Deed Book BIO, page 36g, in the Clerk*s Office of the Hustings Court for the City of Roanoke, and by deed dated February 23, 1950, from So J. McMllllon and Florence F. McMillion, his wife, and recorded in Deed Book page 364, in the Clerkts Office of the Hustings Court for the City of Roanoke. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, ~avies, Dillard, Pickett, lubber, Nheeler, and the President, Mr. Young .................. 7. HAYS: None ............................ O. REPORTS OF COMMITTEES: NONE. UNFINISBED STORM DRAINS: Council at Its meeting of April 1, 1957, having tabled for consideration at its next regular meeting a committee report, recommending the acceptance of the bid of G. C. KimberlJn and Son, in the amount of $37,900.00, for the drilling of wells in the lllliamaon Road area, at which tine it requested that tbe City Auditor furnish u statement showing the amount of dirt and the of rock encountered in drilling previous d~ainage wells In that area, the matter was again before the bodTo' The City Auditor submitted a report, showing that previous drainage wells in the lilliamson Road area were sunk through appro%imately fifty-two per cent dirt and forty-eight per cent rock. Nr. Carter moved to concur ia the report of the committee and offered the f,Il,ming emergency Ordinance: (c13043) AN ORDINANCE accepting the proposal of G. C. Klmberlia and Son, Selma, Virginia, rut thedrilliug of drainage wells in the Rllllnmson Road area of the City of Roanoke nt specific locations designated bl the Director of Public Norks0 in thc total .sam of $~?,980.00; authorizing and directing the City Nanager to execute the requisite contract; and providing for an emergency. (For full text of Ordinance, see Ordinance D,ok No. 22, Page Hr. Carter moved the adoption of the Ordinance. The action was seconded by Hr. Rheele~ and adopted by the f,Il,ming vote: AYES: Council members Carter, Davies, Dillard, Pickett, #ebber, Mheeler, and the Presldent,~ Hr. Young ............... 7. NAYS: None ......................... O. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREET PAVING:Council at its meeting of April 1, 1957, having directed the preparation of an Ordinance, providing for the acceptance of the bid of Adams Construction Company in the amount of $197,700.00 for bituminous street paving at various locations in the city, Mr. Davies offered the following emergency Ordinance: (=13044) AN ORDINANCE accepting the proposal of Adams Construction Company for bituminous street paving; authorizing the proper City Officials to execute the requisite contract; reJectin9 all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 149.) Ur. Davies moved the adoption of the Ordinance. The notion mas seconded by Hr. Carterand adopted by the f,Il,ming vote: AVES: Council members Carter, Davies, Dillard. Pickett, Mebber, Mheeler, and the President,. Hr. Young .............. 7. NAYS: None ........................ O. BUDGET-GRADE CROSSINGS: Council at.its meeting of April 1, 1957, having directed the preparatio~ of a Resolution, providing for replacement of a wall along the rear of the property of the Rt. Zion ARE Church in connection with the procurement of a right of way along the northern approach to Hunter Rem,rial Bridge, Rt. Carter offered the following Resolution: (c13045) A RESOLUTION directing the City Auditor to pay'the cost of replacing a wall along the rear of the property of the A.R.E. Zion Church. (For full text of Resolution, see Resolution Book No. 22, Page 150.) Mr. Carter moved the adoption of the Resolution. The motion was seconded by Rt. Rheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Hebber, Mheeler, and the President, Hr. Young .................. NAYS: None ............................ O. CITI CODE: Council at its meeting of Rarch 25, 1957, having directed the preparation of a Resolution, providing for ~e distribution of the several Codes of the City of Roanoke. Hr. Hebber offered the following Resolution: 127 128 (u13046) A RESOLUTION providing for the distribation of the several Codes of the City of Roanohe. (For full text of Resolution. see geaolntiou Book No. 22, PugelSO.) Mr. Webber waved the adoption or the Resolution. The motion Mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber. Wheeler, and the President, Hr. Young .................. 7. MAYS: None ............................ O. MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-JUVENILE DETENTION HOME: The City Manager stated that in presentia~ the request of the Chief Probation Officer of the Juvenile Detention Home for an appropriation of $99.50 for the purchase of ten head and foot boards for beds used in the Juvenile Detention Home to Council at its meeting of April 1, 1957. he mas unaware of the fact that the Juvenile Detention Hone already hsd the springs and mattresses for use along with the head and foot boards requested; therefore, he is now requesting Council to reconsider its action at the previous meeting and appropriute the funds as requested in order to relieve the necessity of children occasionally having to sleep on the springs and mattresses on the floor. Mr. Dillard moved to reconsider the question. The motion was seconded by Hr. Davies and adopted. Mr. Davies then offered the following emergency Ordinance: (m13047) AN ORDINANCE to amend and reordain Section #]44, "Departmental Equipment and Improvements", of the 1957 Appropriation Ordinaoce, and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 22. Page 1S1.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, #ebber, Wheeler, and the President, Mr. Young ..................... NAYS: None ................................ O. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Mondsy. Apr!l 15, lgST. The Council of the City of Roanoke met in regular meetitg~ln the Council Chamber in the Runicipsl Duilding, Monday. April IS. 19570 nt the regular meeting hunt, with the President. Mr. Youngo presiding, PRESENT: Council members Carter, Uavies, Dillard. Pickett, Mebber, Mheeler and the President, Mr. Young ................. 7. ABSENT: None ......................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph U. Mhitt City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by Dr, A, L. James, Pastor of First Baptist Church, Colored. MINUTES: Copy of the.minutes of the regular meeting held on Monday, April 1, 1957, having been furnished each member of Council, upon motion of Mr~ Carter, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. REARING OF CITIZENS UPON PUBLIC RATTERS: NONE. PETITIONS AND COMMUNICATIONS: ARMORIES: The City Clerk presented a communication from the Chairman of the Board of Supervisors of Roanoke County. advising that, by Resolution, the Board is requesting the Second United States Army to name the new Army Reserve Armory in Roanoke County in honor of PFC Cloys. Eldridge Hall. a former resident of 1406 Craig-Robertson Road, S. E., Roanoke, Virginia, who was killed in action at Nuremberg, Uermany, on April 18, 1945, and was posthumously awarded the Silver Brat, the Board of Supervisors requesting that the Council of the City of Roanoke concur in the request by the adoption of a Resolution. Mr. Dillard moved to concur in the request and offered the folloming Resolution: (=13048) A RESOLUTION concurring in a resolution adopted by the Board of Supervisors of Roanoke County, Virginia, on the 15th day of April, 1957, requesting the Commanding General of the 2nd United States Army to name the new Army Reserve Armory, situate in Roanoke County, in honor of Cloys. Eldridge Uall. (For full text of Resolution, see Resolution Book No. 22, Page 159.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Dr. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Rabbet, Mheeler, and the President, Mr. Young ................ NAYS: None---~ ...................... O. STREETS AND ALLEYS: Zhe City Clerk presented a communication from the Melrose Avenue Christian Church, requesting thatlts petition for the closing of an alley in the rear of its property located at 2128 Melrose Avenue, N. N., be with- dramn. 129 130 Hr, Carter moved to concur ia the request. The motion mas seconded by Hr, iheel·r and adopted., REFUNDS A~D RERAYRS-LIC£NSES: Thc City Clerk presented · communication from Hr, C, E. McGhee, · resident of Colgate Street, N. E.. advising that he purchased n motor vehicle tag for a truck on Rarch 30, 1957, and, subsequently, sold his truck on April 8, 1957, before using said tag, Hr. RcGhee pointing out that the · tag is not trn·sferrable and consequently requesting that he be refunded the cost of said tag. Mr. Mebber moved to refer the mutter to the City Attorney for preparation of the proper Resolution complying with the request of Mr; RcGhee. The motion mas seconded by Mr. Nheeler and adopted. BUDGET*CITY SERGEANT: The City Clerk presented a communication from the State Compensation Hoard, advising that the salary of the City Sergeant for the Cit of Roanoke has been increased from $8,500.00 to $9,500,00 for the calendar year 1957, in accordance with an order of the Hustings Court of the City of Roanoke. Mr. Davies offered the following emergency Ordinance complying with the action of the State Compensation Board: (~lS04g) AN ORDINANCE to amend and reordain Section =27, "Sergeant', of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 160.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Carter and adopted by the folloming vote: AYES: Council members Carter, Davies, Pickett, Webber, Rheeler, and the President, Mr. Young ................ NAYS: Mr. Dillard ........... 1. REPORTS OF OFFICERS: BUDGET-PARRS AND pLAYGROUNDS: The City Manager reported that in purchasing a tractor and gang mower for the Department of Parks and Recreation it has been discovered that price increases have advanced since preparation of the budget which necessitates an additional $150.00 to be added to the ~em of $3,500.00 carried in the 1957 budget for this item, the City Manager requesting that such an appropriation be made. Rt. Carter moved to concur ia the request of the City Manager and offered the following emergency Ordinance: (=13050) AN ORDINANCE to amend and reordain Section =144, "Departmental Equipment and Improvements", of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 160.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Rheeler, and the President, Mr. Young ................ NAYS: None .......................... O. BUDGET-CITY JAIL: The City Manager reported that It will be necessary to install m gus service in the City Jail rot operotion or u clothes dryer recently purchased therefor in order to segregate the billing rot thio purpose so that the cost thereof-can he prorated by prisoner days to the various political units maintaining prisoners In the City Jail, the City Manager recommending an appropriation of 2150.00 to the Jail account in the 1957 budget. Mr. Uavies moved to concur in the recommendation of the City Manager end offered the following emergency Ordinance: (n13051~ AH ORDINANCE to amend and reorduin Section m30, "Jail", of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho. 22, Page 161.) Mr. Davies moved the ~option of the Ordinance. The motion was seconded by Hr. Nheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ............... 7. NAYS: None ......................... O. MATER DEPARTMENT: The City Manager reported that in consequence of a public advertisement for bids the Purchasing Agent received the following bids for the installation of air conditioning equipment in the new Water Department office building: Waddle Plumbing and Ileating Company, $11,070.00; Johnston-Vest Electric Corporation, $9,939.00; Davis B. Elliot Company, Incorporated, $9,902.00; and Catlett-Johnson Corporation, $7,757.00, theCity Manager recommending that the low bid of Catlett=Johnson Corporation, in the amount of $?,757.00, be accepted. Mr. Carter moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~13052) AN ORDINANCE accepting the proposal of Catlett-Johnson Corporatiot Richmond, Virginia, for remodeling of the year-round air conditioning system at the Water Department Office, 124 Kirk Avenue, 5. W., in the amount of $?,757.00; authorizing and directing the Purchasing Agent to issue an order for the remodeling of the air conditioning system in accordance with said proposal; and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho. 22, Page 161.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Nheeler, and the Presldent,~Mr. Young ................... 7. NAYS: Hone ............................. REPORTS OF COMMITTEES: SEWERS: Council at Its meeting of April 8, 1957, having referred to a committee consisting of Messrs. Arthur 5. Owens, Chairman, John L. Wentworth and H. Cletus Rroyles for study and recommendation the bid of M. S. Hudgins in the amount Of $R,920.00 for the construction Of sewer siphons across TlnkerCreek and Roanoke River, the.committee submitted its report, recommending that in view of the fact'that only one.bid was received for this work, the bid be rejected and the work readvertfsed. . 131 132 Mr, Webber stated that he does not feel It would be fair to Hr. Hxdgins to reject the bid since ke has exposed his price god moved to file the report of the committee. The mafias was seooodrd by Mr. OayJeu mod adopted. Mr. Webber tken offered the following emergency Ordinance awarding the contract to Mr..Hudgins: (x13053) AN ORDINANCE accepting the proposal of #. S. Hudgins, Roanoke, Virginia, for the construction of an eight inch cast iron sorer siphon under Tinker Creek, north of Orange Avenue, N. E** and the construction of a six inch- eight inch cast iron sewer sipbon under Roanoke River in the vicinity of the Pittsl Plate Glass Company building, in the total sam of $0,920.00; authorizing and directing execution of the requisite contract; and providing for an emergency. (For full text of Ordinance, see Ordinance nook No. 22, Page i62.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................ ?. NAYS: None .......................... UNFINI$11ED ~USINESS: ZONING: Cnuncil at its meeting of March 18, lqS?, having referred to the City Planning Commission for study and recommendation a petition from Charles and Myrtle Mo Smiley, requesting that their property, being Lot 5-A, Zoll Map, located on the south side of Cove Woad, N. H., near the intersection of Hershberger Woad, be rezoned from General Wesidence District to Business District, the City Planning Commission submitted its report, advising that in its opinion rezoning of the property as requested will not change the general character of the neighborhood nor be detrimental to any contiguous property owner; therefore, the Commission recommended that Council grant the request of the petitioners. Mr. Wheeler moved to hold a public hearing in the matter at 2:00 o'clock, p. m., Way 13, 1957, in the Council Chamber, the at=orney for the petitioners to prepare proper notice of said hearing, have it approved by the City Attorney and submit it to the City Clerk for publication. The motion was seconded by Mr. Carter and adopted. STREETS AND ALLEYS: The City Planning Commission submitted a report, transmitting a communication from Hazlegrove, Shackelford and Cart, Attorneys for the Times-World Corporation and Towers Shopping Center, Incorporated, reaffirming their original agreement to dedicate land for the future widening of nrandon Avenue, S. W., at such time as Council is in a position to undertake the widening thereof along their properties on the south side of Brandon Avenue, westward from Colonial Avenue. Mr. Webber pointed out that this matter nas referred to the City Manager by Council at its meeting of March 5, 1q56, for consultation with the State Highway Department to ascertain if the state would participate inthe proposed improvements to Hrandon Avenue, and moved to table the communication from the City Planning Commission .until such time as the report of the City Manager is received. The motion was seconded by Wrs. Picket} and adopted. gh CONSIDERATION OF CLAIUq: NONE ...... INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: · ~ STREETS AND.ALLEYS: OrdisanceNo. 13035, vacating, discontinuing and closin a portion of Shenandoah Valley Avenue, N. E** having previously been before Council rot its first reading, read and laid over. was again before the body. Mr. Davies offering the following for its second reading and final adoption: (e13035) AN ORDINANCE vacating, discontinuing and closing that part of Shenandoah Valley Avenue, N. E** running north SOO feet from Forest NEll Avenue to Lot 17, Block 12. and to Lot 4, OIocR 11, according to the Nap of Laurel Terrace Corporation. (For full text of Ordinance, see Ordinance Book No. 22, Page 152.) Hr. Davies moved the adoption of the Ordinance. The motion was seconded by Hr. Carter and adopted by the following vote: .AYES: Council members Carter, Davies, Dillard, Pickett, Nebber, Mheeler, and the President, Mr. Young ............... 7. NAYS: None ......................... O. STREETS AND ALLEYS: Ordinance No. 13036, vacating, discontinuing and clostn certain streets and portions of streets and certain alleys in the vicinity of Rrandon Avenue and Colonial Avenue, S. N., having previously been before Council for its first reading, read and laid over. was again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (z13036) AN ORDINANCE vacating, abandoning and closing certain streets and portions of streets and certain alleys located in the City of Roanoke. Virginia, shown on the Map of Ninona Addition of record in the Clerk*s Office of the Circuit Court of Roanoke County, Virginia, in Plat Rook l, page 266-26T, hereinafter more particularly described and herein referred to as Nsaid streets and alleys~. -. (For full text of Ordinance, see Ordinance Book No. 22, Page 153.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Mheeler, and thePresident, Mr. Young ..............~--7. NAYS: None--~ ....... ~--~ ........... O. STREETS AND ALLEYS: Ordinance No; 13037, vacating, discontinuing and closin the northerly 256.24 feet of Ontario Street, N. E., having previously been before Council for itsfirstreading, read and laid over, wasagain before the body, Mr. Mheeler offering the following for its second reading and final adoption: (z13037) AN ORDINANCE permanently vacating, discontinuing and closing the northerly256.24 feet~of Ontario Street, N. E., bounded on the~west by the right of way of the Norfolk and #astern Railway Company, on the south by a line parallel to and IO.O feet northerly from Missouri Avenue, N. E., on the east by land of Sinclair Refining Company, Official Lots No. 3111413 and 3111414, and onthe north by the land of Miller Container Corporation, Official Lot No. 3111401, said street being 30.0 feet wide and approximately 256.24 feet in length, all within the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Rook No. 22, Page 135.) 133 134 Hr. Wheeler moved the adoption of the Ordiuunca. The notion was seconded by NFs. Pickett nnd adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett. Webber, Nkeeler, end the President. Hr. Young ................ ~---7. NAYS: None .............................. O, EASEMENTS-WATER DEPARTMENT: Ordinance No. 13041, accepting an eusement for a six inch water main over and across the lands of Giant Food Properties, Incorporated. located on the south side of Nelrose Avenue, N. W., at the city limits, having previously been before Council for its first reading, read and laid over. was again before the body, Hr. Carter offering the following for its econd reading and final adoption: (n13041) AN ORDINANCE. accepting the grant of a perpetual easement for right-of-way for a six inch water main over end across the lands of Giant Food Properties. Incorporated, lying and being in the City of Roanoke, Virginiu0 and designated as Official Tax Nos. 2761701 and 2750101; end authorizing and directing the acceptance by the Mater Department of the City of Roanoke of title to the main laid therein upon certain terms and conditions. (For full text of Ordinance, see Ordinance Rook No. 22, Page 156.) Mr. Carter moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ............... 7. NAYS: None ......................... O. EASE~EN~S-SE~RS: Ordinance No. 13042, accepting an easement for a sanitar namer and releasing certain existing easements for a sanitary sewer over and across the lands of Giant Pood Properties, Incorporated, located on the south side of Melrose Avenue, N. W., at the city limits, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Carter offering the following for its second reading and final adoption: (n13042) AN ORDINANCE accepting the grant of a perpetual easement for right-of-way for u sanitary sewer over and across the lands of Giant Pood Properties, Incorporated, lying and being in the City of Roanoke, Virginia, and designated as Official Tax Nos. 2761701 and 2750101; and authorizing and directing the execution of a deed of release for certain existing easements across the said lands upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 22, Page 157.) Mr. Carter moved theadoption of the Ordinance. The motion was seconded by Rr. Wheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Nheeler, and the President, Mr. Young .................. NAYS: None ............................ O. BUDGET-HEALTH DEPARTMENT: Council at its meeting of April 8, 1957, having directed the.preparation of a Resolution, providing for funds collected in the Polio Eradication Campaign to be used to the extent necessary by the Polio Eradication Committee or the Roanoke Academy or Medicine daring its coupnign rot the purchase or additional vaccine end payment or other expenses throughout the campaign, and p~ovlding that uny residual.rands remaining at the close of the campaign be reimbursed on a p~ rata basis to those public bodies in the ratio or their contributions. Mrs. Pickett offered the rolloxing Resolutlon:~ (z13054) A RESOLUTION providing for the use and repayment of funds appropriated by the City to the Polio Eradication Committee of the Roanoke Academy of Medicine. (For full text of Resolution, see Resolution Hook No. 22, Page 163.) MFS. Pickett moved the adoption of the Resolution, The motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Council numbers Carter. Davies, Dillard. Pickett, Webber, Wheeler, and the President, Mr. Young .............. NAYS: None ........................ O. BRIDGES: Council at its meeting or March I0. 1957, having directed the preparation of proper Ordinancesto provide for the procurement of certain parcels of land needed for the construction of an underpass and approaches to connect Mundy Road and Liberty Road, N. E., Rt. Carter offered the following emergency Ordinance relating to land owned by Mrs. Hazel Oarger: (~13055) AN ORDINANCE authorizing the acceptance of an option agreement from Ouzel Barger, et al., and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 22, Page 164.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pichett, Webber, Wheeler, and the President, Mr. Young ................ 7. NAYS: None .......................... O. Mr. Davies then offered the following emergency Ordiuance relating to land owned by J. M. and Nettle Lee: (~13056) AN ORDINANCE authorizing the acceptance from J. W. and Nettle Lee of a conveyance of a strip of land constitutin9 a portion of Official Lot No. 3131101 and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 1~5.) Wt. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young .................. 7. NAYS: None ............................ O. Mr. Carter then offered the following emergency Ordinance relating to land owned by J. M. Turner and R. C. Churchill: (~13057) AN ORDINANCE providing for the acquisition of a parcel of land needed for the construction of an underpass and approaches to connect Mundy Road and Mhiteside Street, N. E.; designating the fund from which the purchase price therefor shall be paid; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 166.) 135 136 Mr. Carter moved the adoption of the Ordinance. The motion mas seconded by Hr. Davies and adopted by the following mate: AYES: Council members Curter. Davies, Dlllurd, Pickett° Mebber° Mheeler, and the President, Nv. Young .................. NAYS: None ............................ 0. N,TI,NS AND MISCELLANEOUS BUSI~SS: YOUTff CONNISSION: The #alor stated that the terms of Mrs. ~ary C. Pickett. Mrs. A. O. Camper and Dr. D. E. NcQuilkin as members of the Youth Commission will expire April 50, 1957, and called for nominations to fill the vacancies which mill be created. Mr, Carter placed in nomination the names of Nfs. Navy C. Pickett° Rrs. Ac Camper and Dr. D. E. NcOuilkin for two year terms as member of the Y,nth Commission beginnin9 Nay 1, 1957. Mr. Mebber moved to close the nominations. The notion was seconded by Mr. Carter and adopted, Rrs. Mary C, Pickett. Hrs. A. B. Camper and Dr. D. E. McQuilkin were reelected as members of the Youth Commission for terns of two years each beginning ~ay 1, 1957, by the following vote: AYES: Council members Carter. Davies, Dillard, Mebber, Mheeler, and the President, Nv. Young ................. NAYS: None ................... O. (Mrs. Pickett not voting) There belflgno forther business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday, April 22, 1957. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. April 22, 1957. ut 2:00 .*clock. p. m., the regular meeting hour. uith the President, Mr. Young. presiding. PRESENT: Council members Carter, Dillard, Pickett, Nebber, Bheeler, and the President, Mr. Young ............................ 6. ABSENT: Mr. Davies .......................... !. OFFICERS PRESENT: Mr..Arthur $. Owens, City Manager, Mr. Randolph G. Nhittle, City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Bustaf A. Johnson, Superintendent, City Rescue Mission. MINUTES: Copy of the minutes of the regular meeting held on Monday, April 8, 1957, having been furnished each member of Council, upon motion of Mr. Carter, seconded by Mr. Mheeler and adopted, the reading mas dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC RATTERS: STREET NAMES: A public hearing on the question of changing certain street names in the City of Roanoke, as recommended by the City Planning Commission, having been set for 2:00 .*clock, p. m., April 22, 1957, in the Council Chamber, notice of which hearing was published in The Roanoke ~orld-News on April 5, 1957, the hearing was held at which no one appeared in opposition. Mrs. C. N. Hamilton appeared and stated that she is in favor of the name changes as proposed. Mr. Carter moved to concur in the recommendation of the City Planning Commission and offered the following Resolution: (zlaOSO) A RESOLDTXON changln9 the names of certain streets situate in the City of Roanoke. (For full text of Resolution, see Resolution Book No. 22, Page 168.) Mr. Carter moved the adoption of the Resolution. The motion was seconded by Mr. Nebber and.adopted by'the following vote: AYES: Council members Carter, Dillard, Pickett, Nebber, #heeler, and the President, Mr. Young ......................... ~. NAYS: None ........................... O. (Mr. Davies absent) STREETS AND ALLEYS: A public hearing having been set for 2:00 .*clock, p. m April 22, 1957, in the Council Chamber, on the request of Myron O. Dugan, et al, that a'portio~ of a turn-around at the end of Stoa*ridge Road, S. M., be vacated, discontinued and closed so that the radius of said turn-around shall be reduced from fifty feet to forty feet, and notice of the hearing having been published in The Roanoke M,rid-News on April 5, 1057, and the City Planning Commission hiving previously recommended that the request be granted, and a Board of Viewers appoint** by Council having previously reported that in its opinion no inconvenience would result either to any individual or to the public from vacating, discontinuin, 137 138 and closing the portion of the said turn-around aa requested, the hearing was held at which no one appeared in opposition, Mr. fl. ¥~ Moonaw, Attorne~ for the petJtioeerao appeared and requested that Council concur in the recommendation of the City Planning Commission. Mr. Wheeler moved that Council concur in the recommendation or the City Planning Commission and that the following Ordinance be placed upon its first reading: (alS059) AN OHHIHANC£ vacating, discontinuing and closing a portion of the Turn-Around at the end of Stoneridge Road, So Ho, as shown on a map or Section 4, Chestnut Hills, of record in the CIeFktS Office of the Hustings Court for the City of Roanoke. Virginia, in Plat Oooh 1, page 68, so that the radius of said Turn-Around shall be forty feet instead of fifty feet according to a map dated January 18. lgSYo made by~C. 8. aalcolm ~ Son. State Certified Engineers, and revised January 25. lgSY. WHEREAS, Myron O. Hagan, Yivian Ougan, Elof S. Dygve, Jean Dygve, Rosalind Hones, Xncorporated, Helen O. Snyder, John B, Trent and Klttye T. Trent have heretofore filed their petition before Council, in accordance with law, in which petition they requested Council to permanently vacate, discontinue and close a portion of the Turn-Around at the end of Stoneridge Road, So H.,as shown on a map of Section 4, Chestnut Hills, of record in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Plat Hook 1, page 68, so that the radius of said TurnoAround.shall be forty feet instead Of fift~ feet as Shown on a map dated January 18, 1957, revised January 25, 1q57, made by C. O. Malcolm ~ Son State Certified Engineers; and WHEREAS, in accordance with the prayer of said petition, viewers were appointed by Council to view the property and report in writing whether or not in their opinion any, and if any, what inconvenience would result from formally vacating, discontinuing and cloning a portion of said Turn-Around so that the radin: thereof shall be forty feet instead of fifty feet; and WHEREAS, it appears from the report in writing of said viewers in this proceeding (filed with the City Clerk, together with the affidavit of said viewers, on the 14th day of March, 1957) that no inconvenience would result, either to any individual or to the public from permanently vacating, discontinuing and closing the aforesaid portion of said Turn-Around; and WHEREAS, the City Planning Commission had a public hearing on the 22nd day of March, lg57, at which hearing there was no objection to vacating, discontinuing and closln~ a portion of the aforesaid Turn-Around so as to reduce the radius there of from fifty feet to forty feet, and the City Planning Commission recommended to the Council of .the City of Roanohe, Virginia, that it grant the petitioners* request that said portion of said Turn-Around be vacated, discontinued and closed so as to reduce the radius of same from fifty feet to forty feet as shown on said map made by C. H. Malcolm ~ Son, dated January 1fi, lq5?, revised January 25, lg57, showing change of the Turn-Around at the end of Stoneridge Road, S. M** from fifty feet to forty feet radius; and WHEREAS, the Council of the City of Roanoke, Virginia* did om the 22sd day of April, 1957, at 2:00 o'clock, po Wa, in the Council Chamber, after due publics- tide of notice thereof os required by law, hold a public hearing oR the request or Myron o. ORgan, Vivian Degas, Elof S. Oygve, Jean Dygve~ Rosalind Homes, Iacorporat Helen G. Snyder, John B. Trent and Klttye T. Trent to vacate, discontinue and close a portion of the Tarn-Around at the end of Stonerldge Road, S. M** as shown on the Hap of Section 4, Chestnut Hills, of record In the Clerk*s Office cf the Hustings Court rot the City of Roanoke, Virginia, in Plat Hook 1, psge 60, so that the radius of said Turn-Around shall be forty feet instead of fifty feet as shown on said map made by C. H. Malcolm ~ Son, S.C.E** dated January IH. 1957, revised January 25, 1957; and WHEREAS, it further appears to Council that the said petitioners have agreed to bear and defray the costs and expenses incident to this proceeding. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that a portion of the Turn-Around at the end of Stoneridge Road, S. M., as shams on the map of Section 4, Chestnut Hills, of record in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Plat Dook 1, page 6O, be closed. discontinued and vacated so as to reduce the radius of said Turn-Around from fifty feet to forty feet as shams on a map sade by C. B. Malcolm ~ Son, State Certified Engineers, dated January 18, 1957, revised January 25, 1957, a copy of which latter map has been filed with Council and to mhich reference is hereby made; and that all right, title and interest of the City of Roanoke, Virginia, and the public in and to said vacated and closed portion of said Turn-Around be released insofar as Council is empowered so to do. BE IT FURTHER ORDAINED that the City Engineer*be. and he is hereby directed tomnrk 'Permanently Va~ated~ Discontinued and Closed' 6n that portion of the Turn-Around hereby.closed, discontinued and vacated, on all maps and plats on file in the office of the City Engineer of the City of Roanoke. Virginia, on which said maps and plats said Turn-Around is shown, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke wherein this Ordinance shall be spread. D£ IT FURYDCR ORDAINED that the Clerk of this Council deliver to the Cierh of the Bustings Court for the City of Roanoke, Virginia, for recordation an atteste copy of this Ordinance and a copy of the map made by C. D. Malcolm ~ Son showing the said Turn-Around, in order that the said Clerk may record this Ordinance and map in the deed book ia his office and may make a proper notation on the map of Chestnut Bills, Section 4, of record.in Plat Book 1. page 66, referring to the ~ecordation of the Ordinance and said map. The motion was seconded by Mr. Carter and adopted by the following vote: AYES: Council members Carter, Dillard, Pichett, Webber, Wheeler, and the President. Hr. Young ......................... 6. NAYS: None ........................... O. (Mr. Davies absent) PETITIONS AND COMMUNICATIONS: NONE. 139 140 REPORTS OF OFFICERS: STREETS AND ALLEYS: The City Manager reported thlt Bartln and St*var, Imcorporated, has agreed to dedicate to the city u strip of laud forty feet wide and approximately two hundred feet long to connect Nest Ridge Road and Fordhum Road, S. M** and recommended that the Offer be accepted. Mr. Dillard moved to concur ia the recommendation of the City Manager to accept the offer of Hurtin and Stayer, Incorporated, and offered the following emergency Ordinance: (a13060) AN ORDINANCE authorizing and directing the acquisition of a certain strip of laud approximately 200 feet long and dO feet wide, shown on the Maps of Section No. I and Section No. 2, Chapel Forest, as the northerly portion of Fordham Road, S. W., to be used for public street purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22.'Page 169.) Mr. Dillard moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Carter, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................... 6. NAYS: None ..................... O. (Mr. Davies absent) BUDGET-JUVENILE DETENTION HOME: The City Manager reported that previous authority granted by Council to employ an additional couple to act as Superintendenl and Matron at tho Jarenile Detention Home will terminate on April 30, 1957, and recommended that authority be granted to employ an additional couple to act as Superintendent and Matron at the Juvenile Detention Home on a permanent basis for five days a meek from 3:00 o'clock, p. m., to 11:00 o'clock, p. m., and for every other week end from 5:00 o'clock, p. m., Friday, to 5:00 o'clock, p. m., Sunday, at salaries not to exceed $2,200.00 and $2,100.00, respectively, for Superintendent and Matron, which will require an additional appropriatiun. Mr. Carter moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#13061) AN ORDINANCE to amend and re*adman Section u31, *Juvenile Detention Home** of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 22, Page 170.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Carter, Dillard, Pickett, Webber and Wheeler ..... 5. NAYS: The President, Mr. Young .........1. (Mr. Davies absent) POLICE DEPARTMENT: The City Manager reported the employment of Bradford Leroy Green as a member of the Police Department, effective,April 19, 1957. The report was ordered filed. STREETS AN* ALLEYS: The City Manager reported that he has consulted with the State Highway Department concerning.the widening of Brandon Avenue, S. W., as directed by Council at its meeting of March S, 1956, and that he. has been advised by the Department of Highways that since this is not a part of the state and federal highway system the state cannot participate in the proposed widening, that 141 if Council ever decides to make ~ major project for the widening of Brandon Avenue over its entire length the state will be glad to consider an application from the city to widen nnd luprore Brandon Avenue ns n Joint project, In this connection, the City Clerh brought to the attention of Council the offer or the Times-World Corporation and Towers Shopping Center, Incorporated, to dedicate a portion of their land for the widening of Hrandon Avenue along their property situated nt Hrandon Avenne and Colonial Avenue, S, R** which matter was before Council at its meeting or April 150 lgSY, and tabled, pending receipt of the report of the City Hanager. Hr. Carter moved to table the matter for future consideration. The motion mas seconded by Hr. Wheeler and adopted, TRAFFIC-STATE HIGHWAYS-STREETS AND ALLEYS: The City Manager s~bmitted a report of a traffic survey and study of Main Street, S. ¥., as directed by Council at its meeting of February 11, 1957, mhich report, on motion of gr. Dillard, seconded by Ur. Carter and adopted, was filed. REPORTS OF CORRITTEES: AIRPORY: Council at its ueetiug of January 14, lgSY, barin9 appointed a committee consisting of Uessrs. Roy L. Hobber, Chairman, Halter L. Young, Herbert A. Davies, Arthur S. Owens, Harry R. Yates and Randolph G. Rhittle to consult with American, Eastern and Pled~out Airlines with reference to the renewal of their contracts for operations at Woodrum Field, the committee submitted an interim report, advising that it has been unable to conclude its negotiations with the several airlines and that since any final action by Council on contracts for their operations will bare to be taten by non-emergency action, it is the recommendation of the committee that the existing contracts between the city and the airlines he extended to July 31, 1957, to allow ample time for completion of negotiations and to permit adoption of proper Ordinances, and that any contracts consummated pursuant to the negotiations now in progress be dated August 1, 1957. Mr. Carter moved to concur in the report of the committee and offered the following Resolution extending the contract of Piedmont Aviation, Incorporated: (u13062) A RESOLUTION conditionally extending, for a second time, the existing contract between Piedmont Aviation, Incorporated, and the City of Roanoke with reference to said Company's operations at Roanoke Rnnicipal Airport and providing for the date of the renemal contract. (For full text of Resolution, see Resolution Hooh No. 22, Page 170.) Hr. Carter moved the adoption of the Resolution. The motion was seconded by Mr. Rheeler and adopted bI the following vote: AYES: Council members Carter, Dillard, Pickett, Webber, Rheeler, and the President, Mr. Young ...................... 6. NAYS: None ........................ D, lard Davies absent) Rro Dillard then offered the following Resolution extending the contract of Eastern Airlines, Incorporated: (~130~3) A RESOLUTION conditionally extending, for a second time, the existing contract between Eastern Airlines, Incorporated, and the City of Roanoke with reference to said Company*s operations at Roanoke Runicipal Airport and providing for the date of the renewal contract. (For full text of Resolution, see Resolution~Bo~k No. 22, Page 171.) 142 Mr. Dillard moved tbe~optioa of the Resolution, The motion mas seconded by Mr. Carter uad adopted by the following vote: AYES: Council membera Carter, Dillard, P]chett, Webber° Wheeler, sad the President, Hr. Young ..................... ~AYS: None ....................... O. (Hr. Davies absent) Mr, Dillard then offered the following Resolution extending the contract 9f American Airlines° Incorporated: (a13064) A RESOLUTION conditionally extending, fur a second time, the existing contract between American Airlines, Incorporated, and the City of Ruanohe with reference to said Companyts operations at Roanohe Runiclpal Airport and providing for the date of the renewal contract. (For full text of Resolution, see Resolution Door ~o. 22° Page 172.) Mr. Dillard moved the adoption of the Resolution. The notion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Council members Carter, Dillard, Plchett, Webber, Wheeler, and the President, Mr. Young ................... NAYS: None ..................... O. (Mr. Davies absent) UNFINISIIED UUSINESS: PARRS AND PLAYGROUNDS: Council at its meeting of March 25, 1957, having referred to the City Planning Commission for study and recommendation a petition from residents of the southeast area, requesting that two vacant lots, being Lots 8 and 9, Block 3, Rl~ermont Developmeot Corporation, situate tn the 1600 block of Ninth Street, S. E., be authorized as a playground for small children in the area, the City Planning Commission submitted its report, stating that it does not recommend that the lots be included in the perk system, pointing out that the said lots are located in a block classified as a Business District and are in the immediate vicinity of Morningside Park. The City Manager advised that the lots in question have been and are being used by an adjacent property owner as a garden and that he feels there is no need for an additional playground so close to Rorningside Path,. Mr. Webber moved to continue the use of the lots in question as a garden by the adjacent property owner for the remainder of the present growing season, and that° thereafter, the City Manager make the 'lots available as a playground for children in the area. The motiun mas seconded by Mr. Dillard and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION ANI) CONSIDERATION OF ORDINANCES AND RESOLUTIONS: REFUNDS AND REBATES-LICENSES: Council at its meeting of April 15, 1957, having directed the preparation of a Resolution to grant a refund covering the cost of a truck motor vehicle license to Mr. C. E. RcGheo, Mr. Carter offered the following Resolntion; (=13065) A RESOLUTION directing a truck license tag refund to C. E. ~cGhee. (For full text of Resolution, see Resolution Book No. 22, Page 173.) Mr. Carter moved the~ad~ption of the Resolution.' 'The motion was seconded by Mr. Mh~eler and adopted by!:tbe~followinglvote: AYES Council members Carter Dillard Pickett #ebber Nheeler, nad the President, Hr, Young .................... 6. NAYS: None ...................... O. (Nr, Davies absent) MOTIONS AND NISC£LLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED 143 COUNCIL, REGULAR MEETING, Monday, April 29. 1957. The Council of the City or Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, April 29, 1957, at 2:00 o'clock, the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Carter, Davies, Pickett, Mehber. #heeler, and the President, Mr. Young .................. 6. ABSENT: Mr. Dillard ........... 1. OFFICERS PRESEll: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. 8arty R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Willis C. Henderson. Administrative Assistant to the Bishop of the Diocese of Southwestern Virginia of the Protestant Episcopal Church. MINUTES: Copies of the minutes of the regular meetings held on Monday. April IS, 1957, and Monday. April 22, 1957, having been furnished each member of Council, upon motion of Mr. Mheeler, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-SCDOOLS: Mr. J. P. Cruickshank. Chairman of the Roanoke City School Board, appeared before Council, stating that the School Board wishes to renew its request for $450.000.00 for school construction during the year 1957, as submitted in its budget request to the City Manager in October, 1956, Mr. Cruickshank advising that the school enrollment for the September term in 1957 will be 3.150 above the present school tern. that the present schools in the city provide 9.960 spaces in the elementary grades for students with !1,480 pupils expected in September, 2,710 spaces in the Junior high grades with 3.166 pupils expected in September, and 2,254 spaces in the high school grades with 3,503 pupils expected in September, these figures based on 100~ usage of elementary schools and 857 usage of junior and senior high schools, indicating a requirement of fifty new class rooms for the elementary grades, twenty new class rooms for the junior high grades and fifty-four new class rooms for the senior high school grades. Mr. Cruickshank further pointed out that this present year's school sessiol has sixty-seven sections in double sessions, whereas next year it is estimated there will be eighty sections in double sessions, and that the present thinking of the School Board is to begin the construction of two schools, one on the north' side of the city and one on the south side, if Council appropriates the funds requested, Mr. Cruichshank advising that the School Board does not consider the $450,000.00 sufficient to build two complete elementary schools, but that it will probably provide for the construction of state required, administrative and service rooms, plus approximately eight or nine class rooms in each of the new schools. Mr. Webber moved to table the request for consideration at the next regular meeting of Council. The motion was seconded by Mr, Mheeler and adopted. PETITIONS AND COYNUNICATIONS: CDDRCHES: The City Clerk presented u petition iron the Trustees of the Funde of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Incorpornted, requesting that Council authorize it to take nnd hold tbe title to u certain tract of land containing 4.7 acres, the request being made under the provisions of Section $7-12 or the Code of Virginia of 1950, which provides that trustees of religious congregations, churches or societies shell not take or hold at uBy one tlwe mere than four acres of land in a city or town, provided, however, thut the City Council of any city way. by Ordinance. authorize such trustees to take and bold in such city not exceeding ten acres of land at any one tine. Hr. Carroll O. Rea. Attorney for the petitioner, appeared and stated that his client wishes to purchase the land involved for the construction of a church in the future, at which time title to the land will be transferred to the trustees of the new church. Hr. Wheeler moved that Council concur in the request and that the following Ordinance be placed upon its first reading: (~13066l AN ORDINANCE authorizing the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia. Incorporated. to take and hold the title to certain real estate located in the City of Roanoke. Virginia. NIIEREAS, the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Incorporated, has presented to the Council of the City of Roanoke, Virginia, its petition requesting that it be permitted to take end hold the title to certain real estate located in the City of Roanoke, Virginia, which will increase the total acreage of real estate which it holds in tht City of Roanoke, Virginia, to more than four acres but less than ten acres; and NHEREAS, it is the opinion of the Council of the City of Roanoke, Virginia, that the proposed acquisition and use of the said land by the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Xncorporated, will be beneficial to the City of Roanoke, Virginia, and to the public. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that it does officially authorize the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Incorporated, to take and hold the title to that certain tract or parcel of land lying and being in the City of Roanoke, Virginia, containing 4.7 acres of land, known as the J. Lee Neff property, bounded on the south by Grandin Road (at Guilford Avenue), on the east by an alley and on the north by Nesthampton Subdivision and York Road to be devoted exclusively to a church building, chapel, offices exclusively used for administrative purposes of the church, a Sunday school building and playgrounds therefor and parking lots for the convenience of those attending any of the foregoing. The motion Was seconded by Mr. Mebber and adopted by the following vote: 145 146 AYES: Council members Carter, Davies, Pickett, #ebber, Nheeler, and the President, Mr, Young ...................... 6. .NAYS: None ........................ O. (Rr, Dillard absent) ZONING: The City Clerk presented a communlcatiou from the Carter Coavalesc~ Home, et al, requesting that a 4.1 acre tract of land located on Tenth Street and Watts Avenue, N. W., in Section 200 Rugby Land Corporation, be fez,ned from General Residence District to Special Residence District. Rc. Carter moved to refer the request to the City Planning Commission for study and recommendation. Them,*ion mas seconded by WF. Davies and adopted. STATE HIGIIMAYS WITHIN CITY LIMITS: The City Clerk presented a Resolution of the Council of the Town.of Vinton, requesting that the City of Roanoke Join with the Town of Via*on and the Virginia Department of Highways in a survey to determine the cost of relocating Route 24 along Walnut Avenue in Yin*on and Wise Avenue in Roanoke. Hr. Carter moved to refer the request to the City Planning Commission for conference with the City Homager, study and recommendation. The motion mas secocded by Mrs. Pickett and adopted. CITY PROPERTY: The City Clerk presented a communication from the Virginia Division of the United Daughters of the Confederacy, requesting that the plaza in front of the Post Office be named in honor of General Robert E. Lee. Rt. Webber moved to direct the City Attorney to prepare a Resolution complying with the request. The motion mas seconded by Hr. Mheeler and adopted. REPORTS OF OFFICERS: PENSIONS: The City Manager presented a petition signed by approximately ISO city employees, endorsing the proposal of Rro John II. Fallwell presented to Council at its meeting of April 1, 1957, and referred to the Board of Trustees of the Employees' Retirement System, which proposal suggested certain changes in the system. Mr. Carter moved to refer the petition to the Board of Trustees of the Employees' Retirement System for consideration along with the proposal of Mr. Fallmell and in preparing Its report and recommendations to Council. The motion was seconded by Mr. Nheeler and adopted. BUDGET-POLICE DEPARTMENT: The City Manager submitted a request of the Superintendent of Police that he be permitted to purchase two additional police cars at a cost of $2,161.00, plus trade'InS, to be paid from funds remaining in the 19ST budget after the purchase of five automobiles authorized there~n, in which request the City Manager concurred. Mr. Webber moved to concur in the request and offered the following emergency Ordinance: (z13057) AN ORDINANCE to amend and r,ordain Section z144o 'Departmental Equipment and Improvements', of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 175.) [. Mr. Webber moved the adoption of the Ordinance, The~motina Was seconded by Wr, Wheeler and adopted by 1he following vote: AYES: Council members Carter, Davies, Pickett, Webber. Wheeler,-und'the President, Mr. Young ..................... 6. NAYS: None ....................... O. (Hr. Dillard absent) RODGEY-STRECTS AND ALLEYS~The City Homager reported that the past winter was'very damaging to the streets in the city and requested an appropriation of $65,000.00 to the Contractors item in the Slreet Repair account or th~ 1957 budget aad an extension of the contract math the Adams Construction Company for street paring in the amount of $$0,000.00, the remainder of the appropriation to be used for planing of streets where the asphalt has rolled up in the amount of approxi- mately $10o000.00 and necessary improvements to the intersection of Airport Road. Bershberger Road and Williamson Road in the amount of approximately $5,000.00. Hr. Wheeler moved to table the matter until the next regular meeting of Council for consideration al,ag with the request of the Roanoke City School Board for an appropriation of funds for school construction. The notion was seconded by Ur. Davies and adopted. STREET LIGHTS: The City Manager recommended the installation of certain street lights at various locations within the city. Hr. Carter moved to concur in the recommendation of the City Manager and offered the f. Ii,ming Resolution: (~13069) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution, see Resolution Book No. 22, Page 176.) Mr. Carter moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Pichett, Webber. Wheeler, and the President, Mr. Young .......................... 6. NAYS: None ............................ O. (Mr. Dillard absent) BUDGET-JUVENILE DETENTION HOME: The City Manager advised that he has been unable to secure a couple to act as Superintendent and Matron at the Juvenile Detention Home in accordance with authority granted under Ordinance No. 13061, adopted by Council on April 22, 1957,. and requested that Council authorize continued employment of temporary personnel for that purpose at the rate of $10.00 per day until such a couple can be pernanently employed. Mr. Webber moved to concur in the request of the City Manager. The motion mas seconded by Rrs. Pickett and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: . STREETS AND ALLEYS: Ordinance No. 13059, vacating, discontinuing and closing a portion of the turn-around at the end of St,n,ridge Roa~, S. W., so that ;/.47 .48 the radius of said turn-around shall be forty feet instead of fifty feet, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Carter offering the following for its second reading and final adoption: (u13059) AN ORDINANCE vacating, discontinuing and closing a portion of the Turn-Around at the end of Stonerldge goad, S, #*e a~ shown on a map of Section 4. Chestnut Hills, of record IR the Clerk*s Office of the Hustings Court for the City of Roanohe. Virginia, in Plat Dook 1. page 60, so that the radius of said Turn- Around shall be forty feet instead of fifty feet according to a map dated January 10, 1957. made by C. H, Malcolm ~ Son, State Certified Engineers, and revised January 25, 1957. (For full text of Ordinance, see Ordinance Rook No. 22, Page 174.} Mr. Carter moved the adoption of the Ordinance. The motion was seconded bi Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Webber, Mheeler, and the President, Mr. Young ..................... 6, NAYS: None ....................... O. (Mr. Dillard absent) nOTIONS AND MISCELLANEOUS BUSINESS: HUDGET-DEPARTMENT OF PUBLIC WELFARE: The Mayor presented a communication from Mercy Douse, Incorporated, Salem, Virginia, advising that as of the present time the Mercy Douse has taken care of residents of the City of Roanoke as patients in the llome In excess of those authorized by the City Department of Public ~elfare at a cost of $3,657.10, which it requested Council to pay, the organizatioz further requesting that Council consider making appropriations to cover the cost of future city residents whom the organization considers relief clients but not certified by the City Department of Public Welfare. Mr. Dheeler moved to refer the matter to the City Manager to handle with the City Department of Public Welfare and to report to Council his action thereon. The motion Has seconded by Mrs. Pickett and adopted. BUDGET-VIRGINIA STATE CDAMBER OF COMMERCE: The Mayor presented a communication from the Virginia State Chamber of Commerce, requesting that Council provide in its budget for the coming year funds for n membership in the Chamber for the City of Roanoke on the basis of one cent per capita of the population of the city. Mr. Webber moved to inform the Virginia State Chamber of Commerce that the City of Roanoke cannot Justify the appropriation of tax funds for a membership therein. The motion was seconded by Mr. Wheeler and adopted. BUDGET-CELEBRATIONS-CITY GOVERNMENT: The City Manager advised Council that he has been asked by representatives of the Times=~orld Corporation to take a full-page ad in the June 9, 1957, Diamond Jubilee Issue of The Roanoke Times, advertising the City of Doanoke and extending the welcome of the city to citizens of the paperts circulation area to visit Roanoke during the Diamond Jubilee, et a cost of $464.40, the City Manager advising that If Council desires to authorize the ad it ~I11 be necessary to appropriate funds for the payment thereof. Hrs. Pickett Bayed that on Ordinance be adopted appropriating $464.40 to puy far'u full-page ad ia the June 9. 1957, Diamond Jubilee Issue of The Rosnoke Times. The motion mas seconded by Hr. Yebber end lost b! the following vote: AYES: Council members Pickett and ~ebber ............... 2, ~AYS: Council members Carter, Davies, ~heeler, and the President. Mr. Young ........... ~ ...... 4, (Hr, Oiilnrd absent) There being no further business, Council adjourned. APP*RO¥£D Pr¥1deet · ~49 150 COUNCIL, REGULAR MEETING, Monday, May 6, 1957. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Eollding, Monday, May 6, IgSTo at 2~00 otclock, p. m** the regolar meetlog hour, mit~ the President, Mr. Young, presiding. PRESENT: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr, Youn9 ............... ABSENT: None ....................... Oo OFFICERS PRESENT: Mr. Arthur S, Omens, City Manager, Mr. Randolph G. Whittle. City Attorney, Mr. Harry R. Yates. City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a p~ayer by the Reverend Gordon Keller, Pastor of the Belmont Baptist Church. NINUYES: Copy of the minutes of the regular meeting held Ga Monday. April 1957, having been furnished each member of Council, upon motion of Uts. Pickett, seconded by Mr. Nheeler and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMUUNICATIONS: CROSS-OVERS: The City Clerk presented a request from Whiting Oil Company, Incorporated, for authority to construct a 40-foot cross-over into its parking lot On the north side of Salem Avenue. S. W., between Jefferson Street and First Street, under the provisions of Title 17, Chapter 2, Section 3, of the Code of the City of Roanoke, In this connection, Mr. Sidney F, Parham, Jr,, representing Woods, Rogers, Muse and Malker, Attorneys for the petitioner, appeared before Council and stated that the client's request is based upon its desire to eliminate traffic congestion on Salem Avenue by permitting motorists adequate access into its parking lot, Mr. Davies moved to concur in the request and offered the following Resolution: (ulJOGg) A RESOLUTION to authorize the construction of a 40-foot wide crossing over the sidewalk on the north side of Salem Avenue, S, W,, between .Jefferson Street and First Street, S, W., for access to the property of Whiting Oil Company. Incorporated. (For full text of Resolution, see Resolution Book No. 22, Page 178.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the follouing vote: AYES: Council members Carter, Davies. Dillard, Pickett, Webber and Wheeler ........................... NAYS: The President, Mr. Young ........ 1. PENSIONS: The City Clerk presented a communication from the Board of Trustee of the Employees' Retirement System of the City of Roanoke. transmitting a copy of a report of an audit of the retirement system prepared by Kennett and Kennett covering the year 1956. Mr, Davies moved to accept and file the report, The motion mas seconded by Mr, Carter and adopted, SEMAGE DISP~SAL~ The City Clerk presented a Resolution of the Do~rd of Supervisors of Roanoke County, requesting that the contract between ~he City of Roanoke and the County of Roanoke dated September 20, 19S4o:deallng mith the treatment of domestic and commercial wastes, be amended by including an area along the east and west sides of Route 119 extending from Windsor Dills to Sugar Loaf Mountain, Mr, Carter moved to refer the request to a committee c~ns~stlng of Messrs, Roy L. Webber, Chairman. Walter L~ Young. Arthur S. Omens and Randolph G. Whittle for ~tudl and recommendation, The notion was seconded by Mr. Davies and adopted, REPORTS OF OPFICERS~ AIRPORTs The City Manager reported that he has been unable'to secure agreements for the purchase of certain lands for Municipal Airport purposes, as authorized by Ordinance No. 12955. adopted by Council on January T. 1957. and recommended the adoption of an Ordinance making firm offers for the required property and providing for condennation in the event said offers are not accepted. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (UlaO?O) AN ORDINANCE authorizing and directing the acquisition of certain lands for ~unicipal airport purposes and for the use of airplanes; prouidJn~ for th payment therefor out of funds heretofore appropriatedl and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, ~age l?O,) .Mr, Webber moved the adoption o~ the Ordinance, The notion was seconded by Mr. Wheeler and adopted by the following vote: AYES: CounCil members Carter, Davies, ~lllard~ Pickett, Webber. Wheeler, and the President. Wr. Young ........... -7. : NAYS: None ...................... O. : SIDEWALK. CURB AND CUTTER-STREETS A~ ALLEYS: The City Hanager reported ~hat Mrs. ~ladies M. Walk,r..et al. hav~ agreed to convey to the city a 20-foot wide strip of land along their property on the north side of Cove Roa~. N. Wa. east of Rershberger Rqadtfor street-widening purposes, in consideration of the city constructing sidewalk, curb and gutter, as well as a side,alh cross-over, estimated to cost $1,300,O0,.and presented a communication from the City Planning Commission, stating that after studying the matter, it recommends acceptanc~ of the offer, the City Manager concurring inthe reconmendationof the City Planning Commission. ..=Mr, Wheeler moved to direct the City Attorney to prepare an Ordinance providing, for.the acceptance of the offer of Mrs. Gladies R. Walker~ et al. as recommended by the City Manager. The.motion was seconded by Mr. Dillard a~d adopte~ PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: The City Manager reported .that in consequence of a directive of Council at its meeting of March. Il, 1957, he has attempted, to secure from the Huff Estate twenty to twe~ty-five acres of land adjace: to the Hnff..LaneSchool for park purposes, as reconnended.by the City Planning Commission, and has been advised byMr, John D.. Cart, Attorney for the Estate, that it does not desire to sell any of its property, the City Manager further reporting that he requested the City Attorney*s office to check the deed transferring the .151 '152 Burr Lane School propprty to'the Cityof Roanoke and has been advised by't~it office that there ere no restrictions in the deed for use of'the said property. ' Hr, Carter moved to file the report of the City Manager. The motion was seconded by #r. Davies and adopted, CURB A~D GUTTER: The City Manager reported that as directed by Council at its meeting or April e, 1957, he has consulted with the #ary Louise Bone or The Ming*a Baughers. Incorporated. concerning the construction or curb end gutter around its property at Mountain View Terrace, Caobridge Avenue. Amherst Street and Berkley Avenue. S. W** and that he has arrived at aa agreement with the President or the Board of Managers of the Mary Louise None to convey to the city three parcel of'land for street purposes, one at #ountein Viem Terrace and Cambridge Avenue. one at the intersection of Amherst Street and Cambridge Avenue. and one at the inter- section or Amherst Street and Berkley Avenue. nhich land has been valued at approximately $2S0,00, the City Baoager reconnendlng that Council authorize the acceptance of the necessary land for street widening purposes and the construction of curb and gutter around the property with the Mary Louise None paying $350.00 toward the construction of said curb and 9utter which is estimated to cost approximately $1.200.00 in total, Mr. Webber moved to direct the City Attorney to prepare an Ordinance pro- viding for acquisition of the land and construction of curb and gutter as recommend( by the City Manager. The motion was seconded by Mr. Wheeler and adopted. REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month or March. 1957, and reported other departmental reports on file in his office, Mr. Carter moved to file the report. The motion was seconded by'Mr. Davies end adopted. REPORTS OF COMMITTEES: NONE. UNFXNISN~D BUSINESS: ZONINO: Council at its meetin9 of-March 4. 19S?, and its meeting of March 11, 1957, respectively, having:referred to the City Planning Commission for study and recommendation the requests or Claude E, and Aubrey L. Perfater, Mrs, Battle M, Jones and'Mrs. Artie V. Foster that their properties located on the north side of Melrose Avenue, N. M., and the south side of Virginia Avenue, N. W** between Monroe Street and Comer Street~ be rezoned from General Residence District and Special Residence District to Business District, the City Planning Cemmtssion submitted its report, recommending that the request or the petitioners be granted and that the remaininR properties in the said block be included in the rezoning. Mr. Carter moved to set a public hearing In the matter for 2:00 e'clock, p, m,o June 3, 1957, ia-the Council Chamber, the attorney for the petitioners to prepare the proper notice or such hearing, have it approved by the City Attorney and submit it to the City Clerk rot publication. The motion was seconded by Mr. Davies and adopted, BONDS-BUDGET-SCHOOLS: The request of the Roanoke City School Board for an appropriation of $450,000.O0 for school construction purposes, laid over from the previous meeting of Council, mas again before the body. ir. J. P. Cruickshank, Chairman of the Roanoke City School Dosrd,. again appeared before Council and reiterated his statements concerning the need for schoo construction as pre~ented to,the body.it the ~ast and previous hootings. Also appearing in support of the need for constructlo~ of.new schools° Mere Messrs. Ro T. Eduards, Dudley R. Townsend, #. Donald Dobbs and #. C. Garvey, Jr.. After considerable discussion of the matter, Mr. Webber stated tbat ia vieu of a staiement of the Glty Auditor furnished to each member of Council, projecting the cash balance of the city to the end of the present fiscal year, it is evident that funds are not available to Council for appropriation of the requested by the School Board° that statements by the School Doard, as presented to Council, indicate a need for a far greater sum thin $4S0,000.00 ~ meet present needs for school construction, and moved to table the request of the School Uoard nob under consideration, and based upon the request of the School Doard dated February 16, lqSC, to direct.the City Attorne~ to prepare an Ordinance calling for a referendum of the freehold voters of the city on the question of issuing $6,000,DOO.DO of public school bonds, uith the proviso that fifty cents per one hundred dollars of taxable values be levied in addition to the $2.50 tax limitation mom prescribed in the City Charter be authorized in order that funds for the operation of the neb schools may be available, the referendum to be held in connection Mith the Cenerol Election to be held on November 5, 1q57. The notion Mas seconded by Br. Davies. Mrs. Pickett moved to amend the motion by striking out the provision for the additional tax rate of fifty cents, mhich motion Mas lost for lack of a second; Mhereupon, Mr. Webber*s motion Mas adopted by the following vote: AYES: Council members Cartert Davies, Pickett, Webber, Wheeler, and the President, Mr. Yonn9 ............... NAYS: Mr. Dillard .........1. BUDGET-STREETS AND ALLEYS: The request of the City Mauager for an appropri~ tion of $65,000.00 for street repair, laid over from the last meeting of Council, Mas again before the body. Mr. Carter moved to table the request. ~The motion Mas seconded by Br. Dillard and adopted. CONSIDERATION OF CLAIMS: NONE. IKIRODUGTION AND CONSIDERATION OF OROINANCES AND RESOLUTIONS: CHURCHES: Ordinance No. 13066, authorizing the Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southmestern Virgtais, Incorpo- rated, to toke and hold the title to certain real estate containing 4.7 acres of land, having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Davies offering the following for its second reading and:final adoption: (~13~66) AN ORDINANCE, authorizing the ~rustees of the Funds of the Protestant Episcopal Church in the Diocese of Southmestern Yirglnlo, Incorporated, to take and hold the title to certain real estate located in the City of Roanoke, Virginia. (For full text Of Ordinance, see Ordinance Book No. 22, Page 177) 153 I54 Hr. Davies woved the adoption of the Ordiaance.~The lotion mas &ecoaded by Hr. Carter and adopted by'the following vote= AYES=" Council members'Carter,' Davies, Dillard, Pickett,' Webber; Wheeler, nad'the Presldeet, Hr.' Young~-~-~-*-7o ............... NAYS:" ~oe~--~---~---~'-~--O. ' ............ . :. .- CITT PROPERTY: Coo~cil et its weetiag of April 29, 1957, hnriog directed the preparation of · Resolution nnwlsg the plaza lo froot of the United States Post Office for Oeeeral Robert E. Leo. Mr. Carter offceed the following Resolution: (~13071) A RESOLUTION oawiog the locnl Post office plaza io honor of Genera Robert E. Lee. (For fell te~t of Resolution, see ~esolotioa Boob No. 22, Page 1BO.) Mr. Carter moved the,adopting of the Resolutioo. The motion was seconded by Mr. Dories and adopted by the following vote: AYES: Couoeil mewbers Carter, Davies, Dillard, Pickett, Robber, Wheeler, nod the President Mr. Young .......... 7. NAYS: Noon .................. O. CITY CODE~SCHOOLS: Mr. Carter pointed out that the City Code has never been ameuded to conform to the new City Charter cooceruing the school districts and the election of school trustees. Mr. Mhe~ler noved that the following Ordinance, providi.g for the amendment be placed upon its first reading: (=13072) AN ORDINANCE to amend and reordain Sections 2 and 3 of ~hapter 1 Title VII of The Code of the City of Roanohe, 1956. DE IT ORDAlh~D by the Council of the City of Roanoke that Sections 2 and 3 of Chapter I of Title ¥II of =The Code rOf the ~ity of Roanoke, 1~56, be and said sections are hereby, aEended and reordaioed so as to read, respectively, es follows viz.: Sec. 2. Scheol district; number of trustees. The City of Roanoke shall not be subdivided into school districts, but for the p~rpose of the electlon and qualification of school trustees shall be consJdere one district. Seven (7) school trustees shell be elected and shell serve the City at large. Sec. 3. Election of trustees. The seven school trustees now in office shall continue until the end of the term for which they were respectively elected. The Council shall elect, in recurrin succession, two school trustees for three-year terns commencing July 1, 1957; three for such terms commencing July 1. 1958; and two for such terms commencing July. 1, 1959. Any vacancy, in the office of school trustee shall be filled, by the Council, for the unexpired term. The motion Was seconded by Rt. ~ebber and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, ~ebber, Wheeler, and the President, ~r. Young .......... ?. NAYS: None ................... O. MOTXONS AND MISCELLANEOUS BUSINESS: LEGISLATION-ROANOKE GAS COMPANY: The Mayor presented u communication from the United States Mayors* Committee on Natural Gas Legislation, advising that House Resolution No, 6?go, now before the OSth Congress, proposing un amendment to the Natural Ga's Act, if adopted** would remove the power or the Federal Power Commis- sion to exercise Jurisdiction over rates charged the pipeline companies who purchase gas for transmission .in interstate commerce, and Mould, in effect, tend to increase the cost of natural gas to the ultimate consumer., the communication advising further that the Uonse Interstate and Foreign Commerce Committee will hold hearings on the bill in the period May ?-17, 19S7o at which time the Special Mayors Committee racom* mends that the Mayor either appear before the Congressional Committee ar authorize the Special Mayors Committee to submit a statement on behalf of the City of Roan*he. Mr. Carter moved to request the Mayor to authorize the United States Mayors* Committee on Natural Gas Legislation to present a statement for the Council of the City of Roanoke in opposition to the adoption of Uoose Resolution No. 6790 sending before Congress. The motion was seconded by Mr. Dillard and adopted. There being no further business, Council adjourned. APPROVED , ' 'President / :1.55 156 COUNCIL, SPECIAL MEETING Wednesday, May 8, 1957. The Council of the City of Roanoke wet in special meeting in the Council Chamber tn the Municipal Building, Wednesday, May 8,, 1957, at 12~00 o'clock, coon, for the purpose of receiving and opening bids and cwarding sale of $B50,O00,00 Refunding Bonds, Series ujj#, of the City of Roam,he, Vlrginic, dated June 15, with the Vice President, Mr. Carter., presiding, PRESENT: Council members Davies, Pickett, Webber, Mheeler, and the Vice President, Mr. Carter .......... 5. ABSENT: Mr. Dillard, and the President, Mr. Young ..........2. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph Mbittle, City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. BONDS: It appearing, under the provisions of Ordinance No. 13030, adopted the 1st day of April, 1957, that the City Clerk mas directed to advertise for the sale of $950,000.00 Refunding Bonds, Series #JJ#, of the City of Roanoke, Virginia, dated June 15, 1957, the said bids to be presented to Council at 12:00 .icl.ch, noon, Wednesday, May 8, 1957, pursuant to advertisement and due notice of sale, the said advertisement reserving the right to the city to reject any and all bids, and in accordance with said Ordinance, the advertisement providing that proposals mould be received for the purchase of all, but not any part of the bonds, eight bids were resented to the body. In this connection, the Vice President, Mr. Carter, stated that before the ids were opened, Council would like to know if any bidder present did not fully understand the proposal, whether anyone present had not been given an opportunity submit bids, and if there were any questions on the part of those who had sub- mitted proposals relative to terms and conditions upon which the bids had been submitted. No one present raising any question as to the advertisement and notice of sale. the Vice President, Mr. Carter, requested the City Clerk to proceed mith the opening of the bids. After the opening and reading of the bids, on motion of Mr. Rubber, secondec by Mr. #heeler and adopted, they were referred to the 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 Wachovla Rank and Trust Company, with a net interest rate to the City of 3.239100, as the lowest bid; whereupon Mr. Wheeler offered the following Resolution, providing for the sale of the $850,000.00 Refunding Bonds. Series 'JJ*, of the City of Roanoke, Virginia, dated June 15, 1957, to Wachovfa Bank and Trust Company, as the best bid in the Interest of the City of Roanoke: (u13073) A RESOLDTXON to sell to Wachovia Bank and Trust Company Refunding Bonds, Series #JJ#, of the City of Roanoke. Virginia, at the bid submitted rejecting all other bids; directing that the certified check accompanying the successful bid be deposited by the City Treasurer and credit therefor be allowed on the purchase price of the bonds; and that the certified or cashier*s check of all other bidders be forthwith returned. (For full text of Resolution, see Resolution Book ~o. 22, Page IBl.) The Resolution having been read In its entireW, Mr. Nheeler moved its adoption, The motion was seconded by Hr. Davies and adopted by the follouing vote: AYES: Council members Davies, Pickett. Hehber, Ibeeler, and the Vice President. Hr. Carter .......... 5, NAYS~ None ............ O,(Hr, Dillard, and the President, Hr. Young. absentl There being no further business. Couucil adjourned. I~S~ APPROVED ~r e'sid~t l/ 157 ~.58 COUNCIL, REGULAR NE£TIN6, Monday, Nny 13, 1957. The Council of the City of Roanoke met in regular meeting lu the Council Chamber in the Huniclpal Building, Monday, Hay '13. 1957, nt 2:00 o'clock, p. m., the regular meeting hour.* mith the President, Mr. Young. presiding. PRESENT: Council members Davies, Dillard. Pickett. Robber, Mheeler. and the President, Mr. Young .................. 6, ABSENT: None .....................O. ~ OFFICERS PRESENT: Mr. Arthur S. Owens, City Donager, Mr. Randolph 6. Rhittle, City Attorney, Mr. Harry R. Yates. City Auditor, and Mr. J. Robert Thomas, City Clerk. COUNCIL: Mayor Young announced the death of Mr. M. D. Carter, member of Council and Vice Mayor of the City of Roanoke, on the evening of May 10. lg57. and requested that everyone present in the Council Chamber stand for one minute in silent prayer in respect to Mr. Carter. INVOCATION: The meeting was opened with a prayer by the Reverend R. D. King, Associate Pastor of the South Roanoke Methodist Church. MINUTES: Copies of the minutes of the regular meeting held on Monday, Bay 6. 1957, and the special meeting held on Mednesday, May 8, 1957, having been furnished each member of Council, upon motion of Hr. Davies, seconded by Mr. Wheeler and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC BATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m., May 13, 1957. in the Council Chamber, on the request of Charles N. and Ryrtle M. Smiley that their property located on the south side of Cove Road, N. M., near the intersection of llershberger Road, designated as Lot S-A. Zoll Dap, be rezoned from General Residence District to Business District. and notice of the bearing having been published in The Roanoke Morld-News on April 26. 1957, and the City Planning Commission having previously recommended that the request of the petitioners be granted, the hearing mas held at which no one appeared in opposition. Mr. J. Samuel Sherertz, Attorney for the petitioners, appeared and requested that Council concur in the recommendation of the City Planning Commission and the request of his clients. Mrs. Pickett moved that Council concur in the recommendation of the City ~lanning Commis~ion and that the following Ordinance be placed upon its first reading: (=13074) AN ORDINANCE to amend and reenact Title 15, Chapter 4, Section 1. Of the Code of the City of Roanoke. Virginia, 1956, in relation to Zoning. NDEREAS. application has been made to the Council of the City of Roanoke to have property on the south side of Cove Road, N. R., in the City of Roanoke, at or near the intersection of Cove Road with Hershberger Road, and being Lot 5-A on the map of Harry Francis Zoll. Official Tax No. 2560133. rezoned from General Residenc( District to Basiness District; and WHEREAS, the City Planning Commission has recommended that tbe above parcel or land be rezoned from General Residence District to Business District as requested; and WIIEREAS, the notice required by Article II. Section 43. Chapter 51o of the Code of the City of Roanoke, Virginia, 1939. relating to Zoning. bas been pub- lished in =The Roanoke World-NewsU, a newspaper published In the City of'Roanoke, for the time required by said section; and WIIEREAS, the hearing as provided for in said notice published In the said newspaper was held on the 13th day of Day, 1957, at 2:00 o'clock, p. m.. before the Council of the City of Roanoke in the Council Chamber In the Municipal Building, et which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title 15, Chapter 4, Section 1, of the Code of the City of Roanoke, Virginia, 1956. relating to Zoning, be amended and reenacted in the following particular and no other, viz: Property located on the south side of Cove Road, N. W., in the City of Roanoke, at or near the intersection of Cove Road with Ilershberger Road, described as Lot 5-A on the map of Barry Francis Zoll. designated on Sheet 256 of the Zoning Map as Official Tax No. 2560133, be, and is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Davies, Dillard. Pickett. Webber, Wheeler, and the President, Mr. Young ....................... 6. NAYS: None ....................... O. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appala- chian Electric Power Company. reporting the installation of two 2500 lumen and six 21000 lumen street lights and the removal of two 2500 lumen street lights in the city during tbe month of April, 1957. The communication was ordered filed. REFUNDS AND REBATES-LICENSES: The City Clerk presented a communication from Mr. R. M. Stanley. requesting a refund of $9.00 covering the cost of a city motor vehicle license plate purchased by him on April 8, 1957, for a Ford truck which was demolished on April 20. 1057. Mr. Dillard moved to deny the request since motor vehicle licenses are due April I of each year and the purchaser had use of the license until the 20th of April. The motion was seconded by Mr. Davies and adopted. COMPLAINTS: The City Clerk presented a communication from Mrs. Myrtle ~cOuire, 621 Church Avenue, S. E.. requesting that the hill between Campbell Avenue and Church Avenue. S. E., be cleaned up. 159 In this connection, the City Manager reported that on May B, 1957, a notice served on Mr. LemJs O. Brown, omner of the property, to comply with the existing lam and clean up the said property. Mr. Webber moved to file the communication. The motion mas seconded by Mr. Rheeler and adopted. AUDXTS-CIT¥ TREASURER: The City Clerk presented a report of an audit of commonwealth revenues in the office of the City Treasurer for the fiscal year ended June 30. 1956. prepared by the Auditor of Public Accounts of Virginia. Mr. Dillard moved to file the report. The motion was seconded by Mr. Doyle and adopted. REPORTS OF OFFICERS: MATER DEPARTMENT: The City Manager presented and recommended the adoption of an Ordinance providing for certain changes in the Rules and Regulations for boating on the Caevins Cove Reservoir which would establish a daily fee for use of transients on the reservoir and change the limitations presently existing on the hoFsepower of motors used on boats at the Cove. Mr. Wheeler moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Webber and adopted. DEPARTMENT OF PUBLIC MELFARE: Council at its meeting of April 29, 1957, haydn9 r~ferred to the City manager a request of Mercy tlouse. Incorporated. that Council authorize the payment of $3.657.10 covering residents of the City of Roanoke who have been patients in the Mercy House. but who were not authorized by the Department of Public Welfare of the City of Roanoke, and that in addition. the City of Roanoke consider payment of the cost of maintaining other residents in the Mercy Uouse who are not eligible for public welfare approval, the City Manager reported that the City Welfare Department has no agreement or contract with the Mercy Douse relative to patients and that the pottents in the Hercy Rouse for whom the charge of $3,657.10 has accumulated entered therein under their own initiotive, that since August, 1956, the Department of Public Welfare has raised itl igront from a maximum of $60.00 to $94.50 for nursing care cases eligible for public assistance which is applicable to any of its clients authorized in the Hercy Bonse and other institutions, the Department of Publlc Welfare recommending that the city deny the charge of the Mercy House and any future like amounts for patients not authorized by the Department Of Public Welfare, in which the City Manager concurred. Mr. Mheeler moved to concur in the recommendation of the City Manager. The motion was seconded by Mr. Davies and adopted. GRADE CROSSINGS-CELEBRATIONS-CITY GOVERNMENT: The City Manager reported that the bronze plaque to be erected on a monument at the south terminus of the Hunter Memorial Bridge has been received and suggested that Council authorize the dedication of the bridge for Saturday, June 15, 1957, at which time the Governor of Virginia will be in Roanoke in connection with the Roanoke Diamond Jubilee celebration; also, that Council authorize the City Manager to invite the State Highway Commissioner and other dignitaries for the ceremony. Mr. Mebber moved to concur in the report of the City Manager. The notion was seconded by Mr. Nheeler and adopted. BUDGET-GARBAGE REMOVAL: The City #nnsger requested that $1,000.00 be transferred from a balance of $2.651.10 remaining in the budget for the purchase of a Dempster Ouepster Truck to an item of $34.872.00 contained in the 1957 budget for the purchase of four load packers by reason or nn increase Jn price on the load packers. Mr. Mheeler moved to concur in the request of the City Homager gad offered the folloming emergency Ordinance: (#130Y$) AN ORDINANEE to amend and reordain Section ~144. 'Oepartmental Equipment and Improvements'. of the 1957 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22. page 183) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the follomJng vote: AYES: Council members Davies, Dillard, Pickett, Mebbero Wheeler. and the President, Mr. Young .................. 6. NAYS: None ...................O. BUDgET-POLICE DEPARTMENT-MATER DEPARTMENT: Council at its meeting of April 1, 1957. having directed the City Manager to secure prices for a boat and motor for use on the Carvins Cove Reservoir. the City Manager reported that the Purchasing Agent has obtained bids for such a boat and motor and recommended the purchase of a 15-foot metal boat from Owen-Weaver. Incorporated, at a price of $691.00. and a 35-horsepower Johnson-Evinrude outboard motor from Owen-Weaver. Incorporated, at a price of $477.95, which he advised will require an appropriation since the item was not authorized in the 1957 budget. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~13076) AN ORDINANCE to amend and reordain Section ~144, "Departmental Equipment and Improvements", of the 1957 Appropriation Ordinance. and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 22, Page Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Pickett, Webber and Wheeler--4. NAYS: Mr. Dillard, and the President, Mr. Young ............ SION ORDINANCE-CELEBRATIONS-CITY GOVERNMENT: The City Manager reported that Roanoke Diamond Jubilee, Incorporated, has requested permission to place banners and streamers over certain streets in the city in connection with the Seventy-fifth Anniversary of the City of Roanoke end recommended that a Resolution ibm adopted authorizing him to grant such a permit. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following Resolution: 161 162 (ti30??) A RESOLUTION authorizing the City Ranager to permit the Roanoke Uisuond Jubilee to install banners and streamers over certain streets and mays. (For full text of Resolution, see Resolution Book No. 22, Page 184). Hr. Dnvi'es moved the adoption of the Resolution. The motion was seconded by NF. Yheeler and adopted by the following vote: AYES: Council members Davies, Pickett, Mebber, Nheelero and the President, Hr. Young ........................... 5. NAYS: Mr. Dillard ........L--I. REPORTS OF COMMITTEES: SENAUE DISPOSAL: Council at its meeting of March 25, 1957, and its meeting of Ray 6, 1957, respectively, having referred to a committee consisting of Messrs. Roy L. Webber, Chairman, Malter L. Young, Arthur S. Omens and Randolph G. Nhittle for study and recommendation requests from the Board of Supervisors of Roanoke County that the contract of September 20, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic end commercial mastes, be amended by adding certain areas thereto, the committee submitted Its report, recommending concurrence in the requests of the county, and presented Resolutions which mould carry out its recommendations. Mr. Davies moved to concur in the recommendation of the connittee and offered the folloming Resolution covering a 43.5 acre tract, south and east of Tinker Creek, adjoining Summerdean Subdivision, Sections 3 and 5: (=13078) A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes. (For full text of Resolution, see Resolution Book No. 22, Page IU4) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Nheeler, and the President, Mr. Young .................... 6. NAYS: None ......................O. Mrs. Pickett then offered the following Resolution covering an area along the east and west sides of Route 119 extending from Windsor Hills to Sugar Loaf Mountain: (=13079) A RESOLUTION amending the contract of September 28, 1954, betmeen the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes. (For fall text of Resolution, see Resolution Book No. 22, Page Mrs. Pickett edged the adoption of the Resolution. The motion was seconded By Mr. Wheeler and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ............... 6 NAYS: None ................. O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CEAXBS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES A~ RESOLUTIONS: CITY CODE-SCHOOLS: Ordinance No. 13072, amending and reordaining Sections 2 and 3 of Chspter'l of Title ¥II of The Code of the City of Roanoheo 1956, relating to school districts and the election of school trustees, having previouslI been before Council for Its first reading, read sad laid over. was again before the body, Hr. Dgvles offering the folloming for its second reading and final ad~ptlon: (#13072) AN ORDINANCE to amend and reordain Sections 2 and 3 of Chapter I of Title VII of The Code of the City of Roanoke, 1956. (For full text of Ordinance, see Ordinance Book No. 22. Page 182) Hr. Davies moved the adoption of the Ordinance. The motion was seconded by Hr. Dillard and adopted by the following vote: AYES: Council members Davies. Dillard, P~ckett. Rebber. Wheeler. and the President. Hr. Young .................... 6. NAYS: None ......................O. SIDE#ALE, CURB A~IO GUTTER-STREETS AND ALLEYS: Council at its meeting of May 6, 1957. having directed the preparation of an Ordinance accepting an offer from Rrs. Oladles U. Walker. et al, to convey to the city a 20-foot wide strip of land alga9 their property on the north side of Core Road, N. R., east of tlershberger Road, under certain conditions. ~rs. Pickett offered the following emergency Ordinance: (=13080) AN ORDInAnCE authorizing the acceptance of a conditional convey- ance of real estate from Hrs. Gaylord T. Walker, et al.; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. 22, Page 189). Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Ur. Wheeler and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Wheeler, and the President, Ur. Young .......................... NAYS: None ............................O. ~OTIO~S A~O UISCELLANEOUS BUSINESS: There being no further business, Council adjourned. r~ Pre~dent.-~ 163' 164 COUNCIL, REGULAR MEETING, Monday, May 20, 1957. The Council of the City or Roanoke met iu regular meeting in the Council Chamber in the Municipal Building, Monday, May 20, 1957, at 2:00 o'clock, p. m,, the regular meeting hour, with the President, Mr, Young, presiding. PRESENT: Council members Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ..................... 6. ABSENT: None ......................... O. OFFICERS PRESENT: Er. Arthur S, Owens. City Manager, Hr, Randolph G. Whittle City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened mith a prayer by the Reverend Robert F. Beattle, Pastor of Our Lady of Nazareth Roman Catholic Church. RIBUTES: Copy of the minutes of the regular seating held on Monday, May 13. 1957, having been furnished each member of Council, upon motion of Rt. Davies, seconded by Mr. #heeler and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: MATER DEPARTMENT: Mr. O. D. Nichols of Garden City appeared before Council and requested that the body authorize the purchase of bis private water system, Mr. Nichols stating that at one time the water system had some three hundred customers and that the City ganager had promised to purchase the system at a fair price at the time of annexation. Mr. Webber moved to refer the matter to the City Attorney for study and advice as to whether or not the city has any liability Jn the premises. The motion was seconded by Mr. Wheeler and adopted. PETITIONS AND COMMUNICATIONS: REFUr~DS AND REBATES-LICENSES: The City Clerk presented a communication from Mr. Jesse G. Smith, 3724 Michigan Avenue, N. W., advising that he purchased a city motor vehicle license plate Just prior to April 15, 1957, for a one-half ton Ford Pickup Truck, that, subsequently, on April 24, 1957, he traded the truck in on a 1957 Plymouth passenger car, and requesting that Council refund the purchase price of said tag. Mr. Dillard moved to deny the request. The motion mas seconded by Davies and adopted. BONDS-SCHOOLS: The City Clerk presented a communication from the Woodrow Wilson Junior High School Parent-Teacher Association, expressing its confidence in the City Council and recording itself as being in favor of the proposed six million dollar school bond referendum with the exception that it opposes having any rider attached to the referendum. Mr. Webber moved to file the communication. The motion mas seconded by Mr. Wheeler and adopted. COUNCIL: The City Clerk presented a communication from the Executive Secretary of the Lengae of Virginia Municipalities, expressing the League*s sincere symputhy to Council and city officials or Ronnohe in the loss of Vice Mayor M. B. Carter. Mr. Dillard moved to file the communication, The motion was seconded by Yrs. Pickett and adopted. ZONIMG-SETBACK LIMES: The City Clerk presented a communication from the City Planning Commission, recommending that Council establish a setback line of thirteen feet on the north side of Salem Avenue from Jefferson Street to Second Street, S. £.. and n setback line of tmenty feet from the existing property line on the east side of Second Street, N, E., from Shenandoah Avenue to Milliamson Road. Re, Mebber moved to hold a public hearing on the question at 2:00 o'clock. p. m., June 17. 1957, in the Council Chamber, and to direct the City Attorney to prepare the proper notice of the hearing and submit it to the City Clerk for publication. The motion was seconded by Mr. Wheeler and adopted. REPORTS OF OFFICERS: ELECTIONS: The City Manager reported that the Purchasing Agent has received bids for the printing of the voting list and recommended acceptance of the bid of Hammond*s Prlntlng and Litho. Morks in the amount of $6,661.10. Me. Dillard moved to concur in the recommendation of the City Manager and offered the following Resolution: (~13081) A RESOLUTION accepting the proposal of Ilammond*s Printing and Lltho. Works, Roanoke, Virginia, for printing ISO copies of the current votlng list for the City of Roanoke at a price of $11.29 pea page for an estlmated$90 pages; and authorizing and directing the Purchasing Agent to purchase i50 coples of the voting list at a cost of approximately $6,661.10. (For full textof Resolution, see Resolution Book No. 22, Page 191.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ..................... NAYS: None ....................... O. PLUMBING CODE: The City Manager reported the appointment of Messrs. J. O. Meddle and R. T. Plttman as members of the Board of Plumber Examiners os required under Section 9 of the City Plumbing Code for S-year terms beginning May 1, 1957. The report wasordered filed. BUDGET-ARMORY: The City Manager recommended that he be authorized to install four exhaust fans in the National Guard Armory at a total cost of $250.00, said cost to be paid from the remaining bond funds in the Improvement Fund. Mrs. Pickett moved that a Resolution, concurring in the request of the City Manager, be adopted. The motion mas seconded by Mr. Dillard and lost by the following vote: 165 166 AYES: Council members Dlllsrd and Pickett .................... 2, NAYS: Council members Davies, Nebber, Mheeler, and the President, Hr. Young .................... 4. BRIDGES: The City Manager reported that the Psrchaslng Agent has received bids rot the purchase of treated bridge lumber ranging from $10,000.00 to $20,000,00 and recommended that u committee be appointed to study the bids and submit its recommendations thereon. Hr. Mheeler moved to refer the bids to a committee composed of Messrs, Halter L. Young, Chairman, Herbert A, Davies, John L. Mentmorth and R. B, Moss for study and recommendation. The motion mas seconded by Hr. Dillard and adopted. SIDEMALK, CURD AND GUTTER-STREETS AND ALLEYS: The City Manager transmitted an offer from Southern Investment Company, Incorporated, to convey to the city necessary land for the widening of the radius of the southwest corner of Campbell Avenue and Third Street, S. ~., to provide for a lO-foot radius, provided the city will agree to do all the necessary work relative to cutting hack the corner, and, also, a suggestion from the company that the brich sidewalk in front of its property along Third Street be replaced with a new concrete sidewalk approximately eighty-five feet In length, the cost thereof to be borne one-half by the city and one-half by the company. The City Manager also presented a communication from the City Planning Commission, recommending that the offer Of Southern Investment Company, Incorporated, to provide land for cutting back the corner to a 10-foot radius be accepted, the City Manager recommending concurrence in both cutting back the corner and replacing the sidewalk. Mr. Rubber moved to direct the City Attorney to prepare an Ordinance providing for the acceptance of the offer of Southern Investment Company, Incorporated, to convey to the city the necessary land for the widening of the radius of the southwest corner Of Campbell Avenue and Third Street, S. on the basis of its offer, and to refer to the City Manager, as an administrative matter, the suggestion for replacement of the brick sidemalk. The motion was seconded by Mr. Davies and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: RATER DEPARTMENT: A recommendation of the City Manager that an Ordinance be adopted amending the Rules and Regulations covering boating at Carvins Cove Reservoir having been laid over from the preceding meeting of Council, the matter was again before the body. Mr. Mheeler moved to hold a public hearing on the proposed changes at 2:00 oScloch, p. m., June 24, 1957, in the Council Chamber, and that the City Clerk notify the boating clubs and game and fish clubs in the city. The motion was seconded by Mr. Dillard and adopted. STATE HXCHRAYS:MITDIN CITY LIMITS: Council at its meeting of April 29, having referred to the City Planning Commission for study and recommendation a request of the Town Of Vinton that the City Of Roanoke join with Vlnton and the Virginia Department of Highways in a survey to determine the cost of relocating Route 24 along Nalnut Avenue in Vinton and Rise Avenue in Roanoke, the City Planting Commission submitted its report, advising'that ia view of the fact that · survey is now being Bade for a proposed highway south from the Bunter Hem,rial Bridge, Which will include the qtestion of a viaduct or bridge over Tuzewell Avenue or in the lmuediatevicinity thereof and other highway ioprovenents for proper connections to the Southeait section, the C,omission has come to the conclusion that ney action in connection with the proposal to relocate Route 24 should be deferred pending the completion of the highway survey now in progress. Mr. Webber moved to direct the City Attorney to prepare a Resolution for presentation to Council complying with the request Of the Council of the Town Of Yinton. The motion was seconded by Br. Wheeler and adopted by the following vote: AYES: Council members Dillard, Webber, Wheeler, and the President, Mr. Young .................................. 4. NAYS: Council members Davies and Pickett ............ ZONING: Council at its meeting of April 2g, 1957, baying referred to the Planning Commission for study and recommendation a request of the Carter Convalescent Il,me, et al, that a 4.1 acre tract of land located on Tenth Street and Matts Avenue, N. N., be fez,ned from General Residence District to Special Residence District, the City Planning Commission submitted its report, advising that in its opinion the requested rezoning will not change the general character of the neighborhood or adversely affect the values of nearby residential properties, and recommended that the request be granted. Mrs. Pickett moved to hold a public hearing on the question at 2:00 ,*clock p. n., July 1, 1957, in the Council Chamber, and that the attorney for the petitioners prepare proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Wheeler and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 13074, rezoning property located on the south side of Core Road, N. W., near its intersection with Hershberger Road, being Lot 5-A. Z,Il Map, from General Residence District to Business District, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Davies offering the following for its second reading and final adoption: (313074) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance B,oh No. 22, Page lgO.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ...................... 6. NAYS: None ......................... O. CURB AND GUTTER: Council at its meeting of May 6, lgST, having directed the preparation of an Ordinance, providing for the acceptance of certain land from 167 168 the Mary Louise Home of The King*s Daughters, Incorporated° for street purposes, Mr. Mheeler offered the follomiag emergency Ordinance: (e13002) AN ORDINANCE authorizing tke acceptance or a conveyance of real estate from the Har7 Louise Home of The KIBg*s Daughters, Inc., in part payment for installing curb and gutter along said corporation*s real estate; and providing for emergency. (For full text of Ordlua.ce, see Ordinsnce Book No. 22, Page 192.) Mr. lbeeler moved ~ke adoption of the Ordinance. The motion nas seconded by Mr. Dillard and adopted by the follouing vote: AYES: Council members Davies, Dillard, Pickett, Mebber, #heeler, and the President, lro Young .................. NAYS: None .................... O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday, May 27, 1957. , The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Duilding, Monday, May 27, 1957, at 2:00 o'clock, p. m** the regular meeting hour, with the President, Mr. Young, presiding. PR£SENT: Council members Davies, Dltturd, Pichett, Mebber, Mhneler, and the President, Mr, Young ................ ABSENT: None ................ O. OFFICERS PR£5£NT: Mr. Arthur $. Oueus. City Manager. Mr. Randolph G. Mhittl~ City Attorney, Mr, Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by Dr. U. B. Lipscomb, Jr. Pastor of Raleigh Court Methodist Chorcb. MXNUTES: Copy Of the minutes of the regular meeting held on Monday, May 20, 1957, having been furnished each member of Council, upon motion of Mr. Mheeler, seconde~d by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUULIC MATTERS: NON£. PETITIONS AND COMMUNICATXONS: DONUS-SCUOOLS: The City Clerh presented a communication from a Citizens Advisory Committee, advising that it is in favor of a bond issue for school construction, but is opposed to a rider to provide funds except those necessary to retire the bonds. Mr. Dillard moved to file the communication. The motion was seconded by Mrs. Pickett and adopted. Mayor Young then stated that in connection with the proposed referendum for school bonds he feels that the Roanoke City School Board should be asked to study and bring up to date its recommendations for the issue of approximately $6,000,000.00 of bonds os submitted in its letter of February 16, 1956. Mr. Webber moved to request the School Board to review its recommendations contained In its letter of February 16, 1956, requesting the issue of $5,466,286.00 of bonds for school purposes, and advise Council of its present recommendations in the premises and what is proposed to be accomplished with the funds. The motion was seconded by Mr. Wheeler and adopted. ZONING: The City Clerk presented a communication from Mr. R. T. Edwards, Attorney for the heirs of O. A. Crum, et al, requesting that their properties locatedbetween London Avenue and Essex Avenue, N. W., from Twenty-fourth Street and Salem Turnpike to Twenty-second Street, be rezoned from General Residence Dlstrfct.toBusiness District. Mr. Davies moved to refer the re,vest to the City Planning Co,mission for study and recommendation. The ~otiou was seconded by Mr. Dillard and adopted. COUNCIL: The City Clerk presented a post card from a group of citizens, requesting that Dr. Charles M. Coruell be considered for appointment to the vacancy on Council created by the death of Mr. W. B. Carter. 169 170 Mr. Juues M. ~liso· appeured before Council iud presented · petition beirin npproxlmately 200 signutures, endorsing Dr. Cornell for nppointment to Council. Mrs. R. L. Riley uppeared before Council, endorsing Dr. Cornell. Dr. Lawrence £. Paxtot sppenred nnd presented a petition bearing approxi- mately 150 signatures, endorsing Or. Cornell. The post card und petitions were ordered filed. REPORTS OF OFFICERS: RARER FIELD-CELEBRATIONS-CITY GOVERNMENT: The City Manager requested the adoption of a Resolution authorizing Roanoke Diamond Jubilee, Incorporated, to use Maher Field and adjacent parking areas for conduct of the Diamond Jubilee celebration June 14-25. inclusive, without charge. Mr. Davies moved to concur in the request of the City Manager and offered the following Resolution: (=130S3) A RESOLUTION authorizing the Diamond Jubilee Corporation to use certain Maher Field facilities from June 14 to June 25, 1957, inclusive, without charge. (For full text of Resolution, see Resolution Rook No. 22, Page IR3.) Rt. Davies moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Rabbet. Mheeler, and the President, Hr. Young .................... NAYS: None ...................... O. REPORTS OF CORMITTEES: NONE. UNFINISHED BUSINESS: · ATER DEPARTMENT: Council at its ueetin9 of May 20, 1957, having referred to the City Attorney for study and advice the question as to whether or not the city has any liability to Mr. O. D. Nichols of Garden City to purchase his private water system, the City Attorney submitted his report, advising that ia his opinion the city has no moral or legal obligation to purchase the water system of Mr. Nichols. Mr. Webber moved to concur in the report of the City Attorney and deny the request of Mr. Nichols submitted to Council at its meeting of May 20, 1957, to purchase his water system. The motion was seconded by Mr. Davies and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STATE HIGHMAYS MITHIN CITY LIMITS: Council at its meeting of May 20, 1957, having directed the preparation of a Resolution providing for the City of Roanoke joining with the Town of Vinton in requesting the Department of Highways of the Commonwealth of Virginia to conduct a survey of the proposed Walnut Avenue-Vise Avenue connection between Roanoke and Yinton, Mr. Mheeler offered the following Resolution: (=13084) A RESOLOTION concurring in the Town of Vintonts Resolution No. 324 adopted on the 23rd day of April, 1957, requesting a surve! to determine the cost of relocating Route 24. (For full text of Resolution, see Resolution Rook No. 22, Page 193.) Mr. Mheeler moved the adoption or the Resolution. The motion nas seconded by Mtn Mebber and adopted bI the following vote: AYES: Council members Davies, Dillard, Webber, Mheeler. and the.President, Mr. Young ................ 5. NAYS: Mrs, Pickett ............ I. SIUEMALK, CURD AND GUTTER-STREETS AND ALLEYS: Council at its meeting of May 20, lqS?t having directed the preparation of an Ordinance providing for the acceptance from Southern Investment Company, Incorporated, of a tract of land to be used in cutting back the southmest corner of Campbell Avenue and Yhird Street, S. W., Mrs. Pickett offered the following emergency Ordinance: (u13085) AN ORDINANCE authorizing the acceptance of a conditional conveyance of real estate from Southern Investment Co., Inc.~ and providing for nn emergency. (For full text of Ordinance, see Ordinance Hoob No. 22, Page 194.) Mrs. Pickett moved theadoptlon of the Ordinance. .The motion was seconded by Mr. Wheeler and adopted bi the following vote: AYES: Council members Davies. Dillard, Pickett, Mebber. #heeler, and the President, Mr. Young .................. 6. NAYS: None .................... MOTIONS AND MISCELLANEOUS UUSINESS: STREETS AND ALLEYS: Mr. N. A. Billet, Jr., appeared before Council and stated that Hiram Street, S. E., on which he resides, is in very bad condition and requested that it be paved. In this connection, Mr. Dillard stated that he has noticed that the alley between Morton Avenue and Montrose Avenue, S. E., from Tayloe Avenue to Thirteenth Street, is also in need of repair and moved to refer both matters to the City Manager for necessary action. The motion was seconded by Mrs. Pickett and adopted. COUNCIL: The Mayor called for nominations to fill the vacancy of Vice President of Council caused by the death of Hr. W. B. Carter. Mr. Dillard placed in nomination the name of Mrs. Mary C. Pickett. Hr. Davies placed in nomination the name of Hr. Vincent S. Nheeler. There being no further nominations, the HayoF declared the nominations closed: whereupon. Mr. Vincent S. Wheeler was elected Vice President of Council for a term ending August 31, 1958, by the following vote: FOR MR. WHEELER: Council members Davies, Webber, Wheeler, and the President, Hr. Young ..................... 4. FOR HRS. PICKETT: Council members Dillard and Pickett ......... 2. The.Mayor then called for nominations to fill the vacancy on Council caused by the death of Hr. W. B. Carter, the appointment thereto to be for a period expiring August 31, 1958. Hr. Dillard placed in nomination the name of Dr. Charles H. Coroell. Mr. Webber placed in nomination the name of Mr. Alan G. Decker. There being no further nominations, the Hoyor declared the nominations 172 closed~ mkereupon, Mr. Alan G. Decker wes elected a member of the Council of the City of Roanoke to serve until~Aogast 31, 1958, by the following vote: roi HR. DECKER:COUncil members Davies, Mebber, Mheeler, and the President, Mr. Young ..................... 4. FOR DR. CORNELL: Council members Dillard end Pickett ........... 2. JOB CLASSIFICATION: The City Manager stated that there is an apparent conflict between the Nudger Ordinance and Section 'C' of the Ysnegerlal and Executive Salary Plan in the Job Classification and Pay Schedule Plan adopted by Council, uhich he stated does not permit him to employ persons to fill positions under the Managerial and Executive Salary Plan at salaries other than those contained In the Dudget Ordinance, and requested that Council clarify the matter. Mr. Davies moved to refer the matter to the Job Classification Committee composed of Masaru. Roy L. Mebbero Chairman, Herbert A. Davies, Leigh B. Hanes, Jr., John P. Cruichshank. E. M. Rushton, Arthur S. Owens and J. Robert Thomas for study and recommendation. The notion was seconded by Mr. Mheeler and adopted. There being no further business, Council adjourned. A P PR OV £ D Presid~n~ ~ COUNCIL. REGULAR MEETING, Monday. June 3, IDS?. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Dnilding, Monday, June 3, 1957, ut 2:00 o'clock, p. the regular meeting hour, with the President. Mr. Young, presiding. COUNCIL: The City Clerk reported thut Mr. Alan G. Ducker, mhd previously has been appointed to fill the vacancy on Council, bas qualified before the Judge of the Hustings Court on the morning of June 3, 1957, and that a copy of his Oath cf Office is on file; whereupon, the Mayor welcomed Mr. Decker os a member of Councll. ut mklch time Hr. Decker took bis seat. PRESENT: Council members Davies, Decker, Dillard, Pickett, Yebber. and the President, Mr. Young .................... 6. ABSENT: Hr. Wheeler ............. 1. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Mr. Randolph 6. Nhittl, City Attorney, Mr. William F. Grlggs. Assistant City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend D. L. Beglar, Pastor of the Trinity Lutheran Church. REARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 oSclock, p. m., June 3, 1957, on the request of Claude E. and Aubrey L. Perfater, et al, that their properties located on the north side of Melrose Avenue, N. N., and extending back to Virginia Avenue, bounded on the east by Monroe Street and on the west by Comer Street, be rezoned from General Residence District and Special Residence District to Busiuees District, end notice of the hearing having been published in The Roanoke Norld-News on May IT, 1957, and the City Planning Commission having previously recommended that the request of the petitioners be granted and that the remaining properties in the block be included in the said rezoning, the hearing was held at which no one appeared in opposition to the request. Mr. Molter N. Mood, Attorney for the petitioners, appeared and requested that Council grant the request of his clients. Mrs. Pickett moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (=13066) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. · WHEREAS, on March 4, 1957, application was made to the Council of the City of Roanoke by Claude E. Perfater and Aubrey L. Perfumer to have their property rezoued from General Residence District and Special Residence District to Business District, mhich said property is known and described as Lots 1 and 2, Block 2, Nest Park, and Lots 11, 12, 13, 14 and 15, Block 2, Nest Park; and WHEREAS, on March 11, 1957, Mrs. Hattie M. Jones, owner of Lot 3, Block Nest Par~, requested that her property be rezoned from Special Residence District to Rusiness District; and ~73' WHEREAS, on March 11, 1957, Mrs. Artie V. Poster, owner.of Lots 4 and 5. BI,ch 2, West Parh, requested that her property be rezoaed trow Special Resldeoce District to Business Dlflrict~ and WHEREAS, the City Planning Cowmissioo, to whow the matter was referred, has recommended thor ~he above requests for fez,BiDE be granted, oDd thor ia addition thereto the el,Ire trnct of loud located DO the north side of Melrose Avenue, N. nnd extending bach to Virginia Avenue, bounded on the eRst by Monroe Street and on the west by Comer Street. and known and designated as Lots I through 20. Inclusive, alock 2, West Park, and also Lots 1, 2 and 3, HI,ok 20. Washington Heights, and designated on the Official Tax Appraisal Map of the City of Roanoke os Nos. 2761201 through 2761223. inclusive, be rezoned frow General Residence District and Special Residence District to Business District; and WHEREAS. notice of a public hearing as required by Title aY, Chapter 4. Section 43. of The Code of the City of Roanoke. 1956, relating to Zoning. has been published in 'The Roanoke World-News#. · newspaper published in the City of Roanoke for the time required by said section; and WHEREAS. the hearing as provided for in said notice published in th'e said newspaper was held on the 3rd day of June. 1957. at 2:00 ,*clock. p. m.. before the Council of the City of Roanoke in the Council Chamber in the Municipal Building. at which hearing property owners and other interested parties in the affected area given an opportunity to be heard both for and against the proposed rezoning; and WHEREAS. this Council, after considering the evidence presented, is of the opinion that all of the above described land should be rezoned as requested and as recommended by the said City Planning Commission. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title aY. Chapter 4, Section 1. of The Code of the City of Roanoke, 1956, relating to Zoning, be, and it is hereby, amended and reenacted in the following particular and other, viz: Property located on the north side of Melrose Avenue. N. M., andextending back to Virginia Avenue, bounded on the east by Monroe Street and on the went by Comer Street. and kw,mo and designated as Lots 1 through 20. inclusive. Block 2. West Park. and also Lots 1. 2 and 3, Block 20. Washington Heights, and designated the Official Tax Appraisal Map of the City of Roanoke as Nos. 2761201 through 2761223, inclusive, be, and it is hereby changed from General Residence District and Special Residence District to Business District and the Zoning Rap shall be changed in this respect. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Davies. Decker, Dillard. Pickett, Webber, and the President. ar. Young ..................... 6. NAYS: None ....................... O. (Mr. Wheeler absent) PETITIONS AND COMMUNICATIONS: BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Clerk presented a communicatl~ from Mercy House, Incorporated, requesting that Council reconsider its action of May 13, 1957, in denying the request of the Mercy House that the city provide for payment of a deficit in the amount of $3,657.10, covering patients in the said Mercy House from the City of Roanoke. Hr, Webber moved to reconsider the mutter. The motion Was seconded by Mr, Decker and odopted, After some discussion, Mr, Davies moved to refer the question to a committee consisting or Mr. Roy L, Webber, Ghoirmcu, Hr. Vincent S. Wheeler, Mrs, Miry ¢. Pickett and Miss Bernice F, Jones for study and submission of its report nnd recommeadotions to Council. The motion mas seconded bT Mr. Dec~cr und adopted, Mr. Dillard voting no. ZONING: The City Clerk presented u communication from Mr. Walter V. Thompson, et al, requesting that their property on the west side of Twelfth 5treat, $. E., between Mlrk Avenue and Campbell Aveeae, be rezooed from General Residence District to Light Industrial District, said property being described as Lots ?-12o inclusive, Dloc~ 12, East Side Addition. Mr. Davies moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Mrs. Pickett and adopted, CEL£BRATIONS-CIT¥ GOVERNH£NT: The City Clerk presented a communication from Roanoke Diamond Jubilee. Incorporated, requesting that Council grant permission for the placing of a time capsule in front of the Bounoke Public Library building in connection math the celebration of Roanoke*s Seveety-fiftb Anniversary, said time capsule to be opened co the One Hundred Fiftieth Anniversary of Roanoke. BF. Davies moved that Council concur in the request and that the following Ordinance be placed upon its first reading: (a13087) AN ORDINANCE providing for the use of certain space on the Public Library lot in Elmwood Park in connection with the celebration of the Cttyts Seventy-fifth Anniversary. BHEREAS. officials of Roanohe Diamond Jubilee, Incorporated, organized to direct the celebration of the City's Seveuty-fifth Anniversary, bare requested permission to bury OF place underground on the land in front Of the Public Library in Elmmood Par~ a container knomn as a time capsule in which would be placed certain articles and documents of an historical ~ature, the said time capsule to be hereafter removed and opened upon the occurrence of the City*s One Dondred Fiftieth Anniversary; and WHEREAS, the Council is of opinion that th~ request should be g~anted, subject to the conditions and provisions hereinafter contained, THEREFORE, B~ IT ORDAINED by the Coanc~l of the City of Roanoke that permission be acd is hereby granted to the officials of Roanoke Diamond Jubllee, Incorporated, to bury or place underground on the land in front of the public Library in Elmwood Park, at such point as ls designated by the City Manager and at some proper time daring the celebration of the CJty*s Seventy-fifth Anniversary, a container known ns a time capsule, the same to be buried underground and covered with a suitable slab or marker laid at ground level in such manner ns mat tn be or become a hazard, the City, however, to be ia nowise liable or responsible for the cost or maintenance thereof and to reserve the right, at its pleasure, to remove or relocate sald time capsule to snme other location should, in the future, such :1.75: 176 removal or relocatioi becomet lB the sole discretion or the City, necessary or desirable, it being presently contemplated, however, that said time capsule remain buried until the occurrence of the el*yes One Hundred Fiftieth Anutversary, at which time the same is planned to be opened. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, nnd the President, Mr. Young ...................... 6. NAYS: None ........................ O. (Mr, Wheeler absent) REPORYS OF OFFICERS: TRAFFIC-CITY PROPERTY-STREETS AND ALLEYS: The City Manager presented a recommendation of the Superintendent of Police and the City Engineer that the General Robert E. Lee Plaza located in front of the United States Post Office be cut back sixteen feet on the south side to provide far an additional traffic lane in front of the Post Office and that the east end of the plaza be cut bach to permit easier access to Church Avenue along the north side of said plaza from the Second Street intersection, it being estimated that the cost of carrying out the proposal mill be $4,539.3T. Mr. Webber moved to direct th~ City Manager to present a plan in detail, along with an estimate of cost, to cut back a port of the General Robert E. Lee Plaza on the east end to permit better access for traffic from the Second Street iutersection to Church Avenue on the north side of said plaza, leaving the south side of the plaza as is. The motion was seconded by Mr. Davies and adopted. OUDGET-HEALTH DEPARTMENT: The City Manager requested a transfer of $200.00 from Wages under Fly, Mosquito and Rodent Control account to Extra Employees under Health Department account in the 1957 budget. MFS. Pickett moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~13088) AN ORDINANCE to amend and reordain Section #40, 'Health Department'. and Section ~ga, ~Fly, Mosquito and Rodent Control", of the 1957 Appropriation Ordinance, and providing for an emergency. (FOr full text of Ordinance, see Ordinance Hook Ho. 22, Page 194.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the folloming vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, and the President, Mr. Young .................... 6. NAYS: None ...................... O. (Mr. Mheeler absent} DEPARTMENT OF PUBLIC WELFARE-WATER DEPARTMENT: The City Manager reported the appointment of Miss Bernlce'F. Jones as Acting Director of Public Welfare, effective Way 25, lgST, and the resignation of Mr. Gilbert H. Run*on as Sanager of the Rater Deportment, effective July 31, The report mas ordered filed. BUDGET-BUILDING INSPECTOR: The City 1957. Manager requested an appropriation of $1,000.00 to Demolition of, Buildings in the Building and Plumbing Inspection account of the 1957 budget to provide for the razing of buildings condemned in the city. Dr, Davies moved to concur in the recommendation of the City Doaager and offered the rollomiug emergency Ordinance: (uI3OH9) AN ORDINARCE to amend and reordain Section a65, 'Huiidtng iud Plemblug. InspectlonU, of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinonce, see Ordinance Hook Ho. 22, Page 195.) Hr, Davies moved the adoption o~ the Ordinance. The motion mas seconded by #r, Decker and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, and the President, Mr. Young .................... 6. RAYS: None ...................... O. (Mr. Mheeler absent) BUDGET-DEPARTMENT OF PDBL~ MELFARE: The City Manager requested an appropriation of $10.00 to Da~, Nursery under the Welfare Services account or the 1957 budget covering the cost of tuning and repairing a piano at the Northeast Mrs. Pickett moved to concur in the request of the City Manager and offered the follomfng emergency Ordinance: (u13090} AN ORDINANCE to amend and reordain 5action ~53, #Nelfare Services" of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 22, Page 195.) Mrs. Pickett moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the follomin9 vote: AYE5:, Cooncil. members Davies, Decker, Dillard, Pickett, Webber, and the President, Mr. Young ................ NAYS: None .................. O. {Mr. Wheeler absent) BHDGET-~HVEHILEDETEN~ION HOHE: The City Manager requested an appropriation of $21H.95 to the Juvenile Detention Home account to provide for the purchase of a record player in the amount of $63.95 and one desk and chair in the amount of $155.00, mhich he advised will be lO0~ reimbursable by the state. Mrs. Pickett moved to concur in the request of the City Manager and offered the folloming emergency Ordinance: . (u15091) AN ORDINANCEto amend and reordain Section ~144, WDeportmental Equipment and Improvements", of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22. Page 196.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Dillard, Pickett, ~ebber, and the President, Mr. Young .............. 4. NAYS: Council members Davies and Decker ..... 2. (Mr. Mheeler absent) RADIOS-PARK5 At~D PLAYGROUNDS: The City Manager presented a request of the Times-World Corporation that the rental agreement on the radio tower atop Hill Mountain be omended to increase the annual rental .thereon from $10.00 to in order to offset the personal property taxes, paid thereon by the corporation 177 to the city, the City Manager recommending that sufficient funds be appropriated to psy the additional cost, plus a premium au nu insurance policy covering damage to the tower iu the nwontt of $250,56, making a total appropriation or $320,$6, Hr. Webber moved to direct the City Attorney to prepare un Ordinance to provide for the amendment of the contract for rental of the tower atop Mill Mountain from the Times-World Corporation, establishing a new rental rate of $69,00 per annum, The motion was seconded by Mca Davies nnd adopted. RECREATION DEPARTMENT-PARiS AND PLAYGROUNDS: The City Manager recommended the adoption Of an Ordinance authorizing the leasing of roar acres of land from Gale B. Cyphers for a period or three years beginning June 1, 1957, mith an option of tug additional years, for use as a recreational area, at $75.00 per annum, which property he advised has previously been rented for the same purpose. Mrs. Pickett moved to concur in the request of the City Manager and offered the following emergency Ordinance: (=13092) AN ORDINANCE authorizing the City Manager to lease approximately four (4) acres of land from Gale D. Cyphers for a period of three (3) years commencing on the Ism day of June, 1957, with an option to renew said lease for a period of two (2) additional years, for recreational purposes, at.$?5.O0 per year; and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 22, Page lgG.) Mrs. Pickett moved the adoption of the Ordinance. The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, and the President, Mr. Young .............. NAYS: None ................ O. (Mr. Rheeler absent) REPORTS OF COMMITTEES: SEWAGE DISPOSAL: The committee composer of Messrs. Roy L. Webber, Chairman, Maimer L. Young, Arthur S. Omens and Randolph-G. Nhittle, heretofore appointed to study certain aspects concerning the contrac~ of September 26, 1954, between the cat of RoanoRe and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, submitted a report, advising that it has for some time been conducting a study of the feasibility of requiring sewage flow recording meters the various county sewer lines connecting to the city semer lines, and on several occasions, has consulted with a committee of the Board of Supervisors of Roanoke County in connection theremith, the committee recommending the adoption of a Resolution which it has prepared pcovlding for cantata changes in the said contract, the Resolution to be adopted after a like Resolution has been adopted by the Board of Supervisors of Roanoke County, the committee pointing out that the committee of the County Board of Supervisors has read and approved the proposed Resolution which is on file with the City Clerk. The Resolution having been read to Council, Mr. Davies moved to concur in the report of the committee. The motion was seconded by gr. Decher and adopted. UNFINISHED BUSINESS: NONE° CONSIDERATION OF CLAIMS: NONE. -'Ir~rRODUCTION AI(D CONSIDERATION OF OEDINANCES AND RESOLUTIONS: NONE. NOTIONS AND filSCELLANEOUS BUSINESS: BOARD OF ZONING APPEALS: The fiayor culled for uowinatlous to fill the vacancy on tke Board of Zoning Appeals for the ,nexpired terw of fir. C. Cecil Flora° resigned~ ending Decewber 31, 1959. firs. Pickett pla~ed in nowiuution the ease of fir, L. Elwood Norris. fir. Mebber woved to close the uowinutioua. The wotiou wes seconded by Br. Davies end adopted. fir. L. Elwood Norris was elected as a number of the Board of Zoning Appeals to fill the unexpired term of fir. C. Cecil Flora, resigned, ending December 31, 19S9, by the following vote: AYES: Council members Davies, Decker. Dillard, Pickett. fiebber, and the President. #r. Young ................ NAYS: None .................. O. (Rt. Mheeler absent) There being no further business. Council adjourned. APPROVED ~resl~nt 179 '180 COUNCIL, REGULAR MEETING. Monday, June 10. 1957, The Council of the City cf Roanoke met in regular meeting la the Council Chamber in the Municipal Uuildingo Monday, Jane 10, lg$?, at 2:00 o'clock, the regular meeting hour, uith the President, Mr. Young, presiding. PRESENT: Council meebers Davies, Decker, Pickett, Nebber, lheeler, and the President, #r. Young ....................... 6. ABSENT: Mr. Dillard ................ 1. OFFICERS PRESENT: Mr. Arthur S. Omens. City Manager. Mr. James N. Kincanon. Assistant City Attorney, and Mr. Harry R. Yates, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend O. L. Craft, Pastor of the Edgemood Christian Church. · MINUTES: Copies of the minutes of the regular meetings held on May 27° 1957, and June 3, 1957, having been furnished each member of Council, upon motion of Mr. Davies, seconded by Mr. Mheeler and adopted, the reading mos dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalachian Electric Power Company, transmitting a report covering the installation of twenty-four 21000 lumen and the removal of five 2500 lumen street lights in the city during the month of May, 1957. The communication and report were ordered filed. STREETS AND ALLEYS: The City Clerk presented a petition from The Franklin Real Estate Company, requesting that the northerly 120 feet of an unopened ID-foot alley in Block 7, Lincoln Court, located between Mhitten Avenue and Carver Avenue, N. W., and Dupree Street and Downing 5treat. be vacated, discontinued and closed, and requesting that viewers be appointed to view the said alley as required by The City Clerk also presented o report of the City Planning Commission, recommending that the request be granted and that the remaining portion of the said alley also be vacated, discontinued and closed, the city to retain an emeot for the existing public utility located therein. After a discussion of the matter, the Assistant City Attorney pointing out that the notice of the application of The Franklin Real Estate Company, duly and legally published as required by state law, covered only the northerly 120 feet of the alley in question, but that the city may, by its own motion, proceed to vacate, discontinue and close the remaining portion of the alley as recommended by the City Planning Commission without publishing such a notice, Mr. Mebber moved to set a public hearing on the request of The Franklin Real Estate Company to vacate, discontinue and close the northerly 120 feet of the alley for 2:00 otclock, p. m., July B, 1957, in the Council Chamber, notice of said hearing to be prepared by the attorney for the petitioner, submitted to the City Attorney for approval and presented to the City Clerk for publication, and further, to refer the'matter of vucttiag, discontinuing and closing the remaining portion of the alley t, the City Attorney rot proper procedure, a public hearing on the remaining portion or the alley to be held at 2:00 ,*clock, p. m,, July 8, 1957, in the Council Chamber, concurrently with the request of The Franklin Real Estate Company. The motion nas seconded by M£. #heeler and adopted. Hr. Davies then offered the following Resolution providing for.the appointment ar vlemers to view the northerly 120 feet or the alley and report thereon: (ul3Og3) A RESOLUTION providing rot the appointment of fire freeholders, any three of whom may act as viewers in connection with the petition of The Franklin Real Estate Company to permanently vacate, discontinue and close the northerly 120 feet of a certain ID-foot wide public alley in the City of Roanoke running through Block ? of Lincoln Court in a north-south direction from Carver Avenue to Mhitten Avenue, N. M., between Dupree Street and Downing Street. (For full text of Resolution, see Resolution Book No. 22. Page 199.) Hr. Davies moved the adoption of the Resolution. The motion was seconded by Ur. Wheeler and adopted by the following vote: AYES: Council members Davies, Decker, Pickett, Webber, Mheeler, and the President, Mr. Young ................... NAYS: None ...................... O. (Hr. Dillard absent) ~ABQU£ES: The City Clerk presented a communication from the City Planning Commission, advising that the Dodges Lumber Corporation has requested a permit for the erection of a marquee on a new building under construction on the corner of Shenandoah Avenne and Sixth Street, N. W., and recommending that the request be granted. Rr, Nheeler moved to direct tbeCity Attorney to prepare the necessary Resolution authorizing.the construction of the marquee as requested, Yhe motion was seconded by Ur. Webber and adopted. STREETS AND ALLEYS: The City Clerk presented a petition from Hr, Julian Martin, requesting that an alley running in a southerly direction from Livingston Road, S, W,, and thence.in an easterly direction to 6ean Street~ S, N,~ be vacated, discontinued and closed~*audthat viewers be appointed to view the said alley as requiredby lam ...... .Council.being of the opinion that the viewers should not be appointed until the recommendationof the City. Planning Commission has been received, Ur, Wheeler moved to refer the request to the City Planning Commission for study and recommendation, The motionwas~secouded~by Mr,.Decker-.and adopted, REPORTS.OF OFFICERS: . . YRAF~IC: Yhe:City. Managerreported. that he'is ready to proceed withthe installation of traffic control signals at the intersection of Williamson Road and the entrance.to theSears-Roebackstore and the intersection of Willlamson Road and Pioneer Road, N, W,, the latter.signal to control, the traffic at the entrance to the Williamson Road Branch of The First National Exchange Bank, and requested that Council appropriate $4,000,00 in order to provide funds for the 181 182~ two signals in question, the City Manager advising that an Ordinance providing for payment by Sears, Roebuck and Company of one-halt or the cost or the signal at the intersection ot.Wflliams6n Road end Comptoa Street, N. E., has already been adopted by Council, and that The First National Exchange Bank is milling to pay one-halt of the cost rot the erection of the signal at Willlamsoa Road and Pioneer Road, N. W, Rt.'Webber moved'to direct the City Attorney to prepare an Ordinance providing for the installation or a traffic control system at the intersection of Willlamson Road and Pioneer Road, N. M., and reimbursement to the city of one-half of the cost of said signal by The First National Exchange Oank. The motion mas seconded by Hr. Wheeler and adopted. BRIDGES: The City Ranager reported that he has conferred math Ressrs. J. R. Turner and R. C. Churchill in an attempt to secure land for street puroses eastt of the Norfolk and Western Railway Company line near Randy Road, N. E., at a price of$$,BO0. O0, as previoasly authorized by Ordinance No. 13057, but that be has been unable to reach an agreement at that price, homerer, he has received an offer from the said property owners to convey the necessary land for street purposes at a price of $4.200.00. which he recommended be accepted. Mr. Rheeler moved to direct the City Attorney to prepare the necessary Ordinance to provide for the acceptance of the offer as recommended by the City Manager. The motion mas seconded by Mrs. Pickett and adopted. RATER DEFARTNENT: Council having adopted Ordinance No. 12827 on September 1956, directing that none of the timber growing on a 120-acre tract, the Beaver Dam drainage area and the Falling Creek Matershed shall be sold until the Virginia Forest Service shall have properly marked all of the timber growing on ail three areas that it recommends be sold, at which time the three areas are to be sold at public auction either separately or collectively, as the best interests of the city shall dictate, the City Manager reported that marking of the timber on the three areas.by the Virginia Division of Forestry did not comply with the contract between the City of Roanoke and'the Virginia Forest Service for the said marking in that the tabulation of the estimated board feet of lumber was not divided into the three sections os contemplated under the contract and that be has been advised by the District Forester, Mr. A. L. Jolly, Jr** that the timber cannot~ be offered for sale in three different lots ns provided for in Ordinance No. 12627, Mr..Jolly recommending that the timber over the entire three areas be authorized for sale as a single unit. Mr. Webber moved to refer the matter bach to the City Manager with instructions to confer with Mr. George M. Dean, State Forester, pointing out that the Virginia Division of Forestry has not complied with its contract with the city and requesting that it do so in order that the timber may be sold at the earliest possible date under the provisions of Ordinance Po. 12827. The motion was seconded by Mr. Davies and adopted. BUDGET-AIRPORT: The City Meneger requested · transfer of $300.00 from the epproprJutlou for · 3/4-ton.pickup truck to pumping equipment lu eke Ruuicipil Airport account !· order to provide rot.the purchase.of pumping equipment to be used for spraying pests and meeds at the Roanoke Municipal Airport under See%Joe u144, *Departmeetal Equipment and Improvements#, of the 1957 budget. Mr. Davies moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (·13094} AN. ORDINANCE to amend and reorduin Section u144, "Oepartmental Equipment and loprdvenentsu. or the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 22, Page 201.) Mr. Davies moved the adoption of the Ordinance. The motion mos seconded by Mr, Decker and adopted by the following vote: AYES: Council members Davies, Decker, Pickett, Mebber, Mheeler, and the President, Mr. Young .................... 6. NAYS: None ...................... O. (Mr. Dillard absent) BUDGET-ELECTIONS: The City Manager presented a request of the Roanoke City Electoral Board that the pay of election officials be increased from $10.00 per day to $15.00 per day, the City Manager advising that he concurs in the request. Hr, Mebber moved to direct the City Attorney to prepare the proper Ordinanc providing for the payment of $15.00 per day for election officials. The motion mas seconded by Mr. Mheeler and adopted. REPORTS: The City Manager presented a report of the Department of Public Melfare for the month of April. 1957. and reported other departmental reports on file in his office, The report was ordered filed. REPORTS OF COMMITTEES: BRIDGES: Council at its meeting of May 20, 1957, having referred to a committee consisting of Messrs. Malter L. Young, Chairman, Herbert A. Davies, John L. Wentworth and R. B. Moss for study and recommendation bids received for the purchase of bridge lumber for the current year, the committee submitted its report, recommending that the bid of the A. P. Hubbard Mholesale Lumber Corporation Greensboro, N. C., in the amount of $13,739.12, which is the low bid, be accepted. Mr. Nebber moved to concur In the report of the committee and to direct the City Attorney to prepare the proper Ordinance providing for the acceptance of the bid and the awarding of the contract. The motion mas seconded by Mr. Mheeler and adopted. AXRPORT: Council at its meeting of January 14, 1957, having appointed a committee consisting of Messrs. Roy L. Mebber, Chairman, Malter L. Young, Herbert A. Davies, Arthur S. Owens, Harry R. Yates and Randolph 6. Mhittle to consider the renewal of contracts with the American, Eastern and Piedmont Airlines at the Roanoke Municipal Airport and to submit its report and recommendations thereon, and the body having on two occasions, upon recommendation of the committee, evtended tee contracts of the respective airlines, pending a final report of the committee, the committee submitted its final report, recommending as follows: 1. That new contracts with each of tee airlines embrace a period of three years commencing August 1, 1957. 183 184 2. ~Thnt for the common use or the laading facilities each airline shall pay, to the City, aa activity fee or 9 celts, 8 cents etd 6 cents rot each 1,000 pounds, or fraction there,r, or the gross rated capacity, per aircraft, for the first 50 the next 5 ned for all aircraft ia excess of the first 10, respectively, landed each day.'' 3. Tha~ space on the.first or ground level of tbe Terminal Building end space ie the first floor baggage room there- of he leased et $3.00 per square foot per annum~ end that space in the basement of that Building be leased at $1.00 per square foot per annum. 4, That each airline desiring the service shall pay the City a service charge of 4 cents per gallon for the first 20,000 gallons of gasoline delivered into the airliee*s aircraft each month; 3 cents per gallon on all in excess of the first 20,000 gallons so delivered during such calendar month; end 25 cents per gallon for each gallon of oil so delivered each month. 5. That each airline pay $25,00 per month for tankage space in the designated tank farm area. Mr. Mheeler moved that Council concur in the report of the committee and that the following Ordinance be placed'upon it~ first reading: (~13095) AN ORDINANCE concurring in the report of the committee appointed to consider the reflewal of contracts with the commercial airlines for use of facilities at Woodrum Field and authorixing the proper City Officials. for and on behalf of the City, to execute requisite contracts. WHEREAS, a committee, heretofore appointed by this Council to consider the renewal of contracts with American. Eastern and' Piedmont Airlines for the use of facilities at Noodrum Field, has this day submitted its recommendations thereon In writing; and WHEREAS, in the Judgment of this Council, the recommendations of the conntttee are fair and equitable both to the commercial air carriers and to the City and, accordingly, should be approved. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the written report, bearing date the 6th day of June, 1957, of this Council*s committee to consider the renewal of contracts with American, Eastern and Piedmont Airlines for the use of facilities at Woodrum Field, be. and said report is hereby, approved. 2. That the proper City Officials be, and they are hereby, authorized and directed, for and on behalf of the City, to execute requisite contracts with American, Eastern and Piedmont Airlines for the use of facilities at Woodrum Field upon form to be approved by the C'ity Attorney and upon terms and conditions protective of the Cityts interest as are approved by the-City Manager, whlch terms and conditions shall, nevertheless, include the following: (1) That the new contracts with each of the airlines shall embrace a period of three years commencing August 1, 1957; (2) That fo~ th~ common-use of th~ la~ding facilities provided at Woodrum Field each airline shall pay to the city an "Activity Fee" on the following basi's; viz.: (a) Nine (q~) Cents for each One (1000) Thousand Pounds, or fraction thereof, of the gross rated capacity per aircraft for the first five (5) aircrafts landed each day; (b) Eight (Ot) Cents for each Uae (1000) Thousand Pounds. or fraction thereofo of the gross rated capacity per aircraft, rot the next five (5) aircrafts landed each day; and (o)'Slx (6t) Cents for each On~ (1000) Thousand Poandso'or frsctioa thereof, of the gross rated capacity per aircraft, for all aircraft in excess or the first Ten (IO) landed each day; .(3) That space on the first or ground level of the Terminal Building and space in the first floor baggage room thereof be leased at $3,00 per sqaare foot per annumt and that space in the basement of that Building be leased at $1.00 per square foot per annum; (4) That each airline desiring the service shall pay the City a service charge of 4 cents per gallon for the first 20,000 gallons of gasoline delivered into the nirline*s aircraft each month; 3 cents per gallon on all in excess of the first 20,000 gallons so delivered during such calendar month; and 25 cents per gallon for each gallon of oil so delivered each month; and (5) That each airline pay $25,00 per month for tankage space in the designated tank farm area. The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Decker, Pickett, Mebber. Mb*Bier, and the President, Mr. Young ................... 6. NAYS: None ..................... O. (Mr. Dillard absent) UNFINISBED BUSINESS: ZONING: Council at its meeting of June 3, 1957, having referred to the City Planning Commission for study and recommendation a request of Mr. Walter Y. Thompson, et al, that their property located on the west side of Twelfth Street, S. E., between Kirk Avenue and Campbell Avenue, be rezoned from General Residence District to Light Industrial District, the City Planning Commission submitted its report, recommendingthat the request of the petitioners be 9ranted. Mr. Wheeler moved to set a public hearing in the matter for 2:00 o'clock, p. m., July 6, 1957, in the Council Chamber, the attorney for the petitioners to prepare the proper notice for the said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Webber and adopted. CONSIDEBATXON OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 13086, rezoaing property located on the north side of Melrose Avenue, N.. W., and extending back to Virginia Avenue, bounded on the Bas by Monroe Street and on the mest by Comer Street, from General Residence District and Special Residence District to Business District, having previonsly been before Conncil for its first reading, read and laid over, mas again before the body, Mrs. Pickett offering the follomin9 for its second reading and final adoption: 185 ~.86 (#13086) AN ORDINANCE to auend nad reenact ?itl6 XV, Chapter 4, Section 1, of The Code of the City of Roanoke, lg56','la relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 22, Page 197.) Mrs. Pickett moved *he.option of the Ordinance. The motion nas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Davies. Decker, Pickett, Webber, Rheeler, end the President. Rt. Young ............... 6. NAYS: None ................. O. (Wv. Dillard absent) CELEBRATIONS-CIYV GOVERNMENT: Ordinance No. 13087, granting permission to Roanoke Diamond Jubilee, Incorporated, to bury a time capsule in front of the Roanoke Public Library in connection with the celebration of the Seventy-fifth Anniversary of the City of Roanoke, having previously be~n before Council for its first reading, read and laid over, was again before the body, Hr. Davies offering the following for its second reading and final adoption: (zlSO0?) AN ORDINANCE providing for the use of certain space on the Public Library lot in Elmwood Park in connection with the celebration of the Cltyes Seventy-fifth Anniversary. (For full text of Ordinance, see Ordinance Book No. 22, Page 199.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Davies, Decker, Pickett, Webber, Wheeler. and the President, Mr. Young .................. NAYS: None .................... O. (Rr. Dillard absent) RADIOS-PARKS AND PLAYGROUNDS: Council at its meeting of Jone 3, 1957, having directed the preparation of the necessary Resolution providing for amendment of the agreement between the City of Roanoke and the Times-World Corporation for the lease of the radio *omar atop Mill Mountain to the city to increase the rental under said lease from $10. O0 to $Ofl. O0 per annum, Mr. Webber offered the following Resolution: (~13096) A RESOLUTION authorizing a modification of a certain lease agreement between Times-World Corporation and the City of Roanoke relating to the City*s lease of a transmitter tower and other equipment located on Mill Mountain. (For full text of Resolution, see Resolution Book No. 22, Page 201.) Mr. Webber moved theadoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Davies, Decker, Pickett, Nebber, Wheeler, and the President, Mr. Young ................ NAYS: None .................. O. (Mr. Dillard absent) Mr. Davies then offered the following emergency Ordinance to provide funds for the said lease, and in addition, for payment of insurance as recommended by the City Manager in his report of June 3, 1957: (~13097) AN ORDINANCE to amend and reordain Section nO0, *Police Department of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 22, Page 202.) ' Hr. Davies moved thesdeptlon of the Ordinance. The motioB was seconded by Mr. Mheeler and adopted by the following vote: AYES: Council members Davies, Decker, Pickett, Mebber, Mheeler, and the President, Mr, Young .................. 6, NAYS: None .................... O. (Mr. Dillard absent) MOTIONS AND MISCELLANEOUS BUSINESS: SMOKE CONTROL: The Mayor presented a letter from Mr. Henry B. Boyntoo, Chairman of the Air Pollution Control Advisory Committee, advising that the committee can see no Justification for the transfer of the Air Pollution Control Department to the Building Department and that in its opinion the office of the Air Pollution Engineer is too cromded for efficient operation and shoold be a private one rather than one shared mith other officials. The Mayor stating that the transfers mere effected for the convenience of the public in securing permits and inspection services and that Council has previously pointed this out to the Air Pollution Control Advisory Committee, the communication mas ordered filed. There being no further business. Council adjourned. APPROVED Presj~ent 187 188 COUNCIL, REGULAR RIVETING, Noudny, June l?, 1957. The Council of the City Of RoonoRe met in regular meeting in the Council Chamber in the #uuicipal Huildlng, Moadoy, June 17, 1957, st 2:00 oOclock, p, the regular meeting hour, with the President, Hr. Young, presiding. PRESENT: Council members Davies, Decker, Dillard, Plebe*t, ~ebber, Hheeler, and the President, Hr. Young .................... T. ABSENT: None ............................ O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr, Randolph G. Mhittl~ City Attorney, Mr. Harry R. Totes, City Auditor, and Mr. J. Robert Thomas, City Clerk. INTOCATION: The zee*inN was opened mith a prayer by Rabbi Samuel R. Shillmn~ Pastor of the Temple Enanuel Congregation. MINUTES: Copy of the minutes of the regular meeting held on Nonday, Jnne 10, 1957/ having been furnished each member of Council, upon notion of Mr. Wheeler, seconded by Mr. Decher and adopted, the reading nas dispensed with and the minutes approved as recorded. BEARX~G OF CITIZENS UPON PUBLIC MATTERS: ZONING-SETBACK LINES: A public hearing having been set for 2:00 otcloch, p. m., June 17, INS?, in the Council Chamber, on the question of establishing setback lines on the north side of Salem Avenue, S. Ho, from Jefferson Street to Second Street, and on the east side of Second Street, N. E., from Shenandoah Avenue to Milllamsnu Road, and notice of the hearing having been published in The Roanoke World-News on May 30, 1957, the hearing was held. Hr. Whitwell ~. Coxe, Attorney for Mr. Leigh P. Huff, appeared and objected to the establishing of the setback line on Sales Avenue on the basis that it would cause considerable damage to the property of Mr. Iluff which is occupied by the store of The Great Atlantic and Pacific Tea Company. Mayor Young explained that the purpose in establishing the setback line is to prevent the construction of new buildings in the area out to the present property line. The Mayor further pointed out that due to the considerable change in this area caused by the erection of the Hunter Memorial Bridge eventual widening of the street mill be necessary although there are no plans for the said widening in the immediate future. Mr. Coxe then mithdrew the objection. No one else appeared at the hearing. gr. Mebber moved to direct the City Attorney to prepare the proper Ordinae, establishing a thirteen foot setbach line on the north side of Salem Avenue, S. from Jefferson Street to Second Street, and a *meaty foot setback line from the existing property line on the east side of Second Street, N. £., from Shenandoah Avenue to Nlllianson Road. The motion was seconded by Hr. Wheeler and adopted. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: BUDGET-HEALTH DEPARTMENT: The City Manager requested authority to spend eot to exceed $?00.00 per month for temporary personnel to direct the Health Depart- ment, pending final appointment of a Health Commissioner. Mr. #ebber moved to concur in the request of the City Manager and offered the following Resolution: (aI309S) A RESOLUTION authorizing the City Manager to use funds not exceeding $700.00 per month for a part-tine Health Connissioner. (For full text or Resolution, see Resolutioe HooR No. 22, Page 203.) Mr. Webber nnved the adoption of the Resolution. The notion was seconded by Mr. Wheeler and adopted by the following rote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, Wheeler, end the President, Mr. Young ................ T. NAYS: None .......................... O. Mr. Webber then stated that the 1957 budget carries approximately $29,000.00 for payment of physicians in various capacities in the city government and moved to direct the City Manager to make a study of the city's requirements for medical personnel with a view of consolidating them under one head and submit his report thereon with his recommendations at the time of the presentation of his recommended 1959 budget. The motion was seconded by Mr. Wheeler and adopted. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager presented a communication from the Judge of the Juvenile and Domestic Relations Court, requesting that o new position of Intake Officer be established at the Juvenile and Domestic Relations Court for the purpose of making investigations, preparing case histories and supervising cases, pointing out that the number of cases interviewed for intake has increased from 2,542 in 1955 to 2,O3R in 1956. Mrs. PicRett moved to refer the request to the City Manager for study and recommendation. The motion mas seconded by Mr. Dillard and adopted. APPOINTMENTS-POLICE DEPARTMENT: The City Manager reported the employment of Covia Joseph Martin os a police officer, effective June 16, 1957. The report mas ordered filed. REPORTS OF COMMITTEES: BUDGET-DEPARYMENT OF PUBLIC WELFARE: Council at its meeting of June 3, 1957 having appointed a committee consisting of Mr. Roy L. Webber, Chairman, Mr. Vincent S. Wheeler, Mrs. Mary C. Pickett and Miss Hernice F. Jones to study and report its recommendations to Council on the request of Mercy House, Incorporated, that the city pay for o deficit created in its operations by reason of eight residel of the City of Roanoke being patients in the Mercy House and for nhich less than their regular charge was paid, the committee submitted its report, advising that it has studied the matter in careful deliberation and is unanimously of the opinion that the action of Council at its meeting of May 13, 1957, denying the request, should not be changed. . Mr. Davies moved to concur in the report of the committee. The motion mas secgnded by Mr. Decker and adopted. 189 190 UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIBPOBT: Ordinance No. 130gS,.providJag for sew contracts with the Awericea. Eastern and Pledwont Airlines for the use of facilities at the Roanoke #uaicipal Airport, having ~revloasly been before Council rot its first reading, read and laid over, was e~ala before the body, Hr. Nheeler offering the following for Its second reading and final adoption: (a13095) AN ORDINANCE concurring in the report of the committee appointed to consider the renewal of contracts with ~he commercial airlines for use of facilities at Woodruw Field and authorizing the proper City Officials, for and on behalf of the City, to execute requisite contracts. (For full text of Ordinance, see Ordinance Book No. 22. Page 202.) Hr. Rheeler moved the adoption of the Ordieance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: ConncIl members Davies, Decker, Dillard, Pickett. Mebber, Nheeler. the President, RF, Young ..................... 7. NAYS: None ........................... O. STREETS AND ALLEYS: Council at its meeting of June 10, 1957, having directed the preparation of a Resolution to initiate, on the motion of the city, the permanent closing and abandonment Of the southerly 361.6 feet of a certain alley extending through Block 7, according to the Rap of Lincoln Court, Mr. Davies offered the following Resolution: (~lJOgg) A RESOLUTION providing for the permanent closing, vacating, discontinuing and abandonment of the southerly 361.~ feet of a certain alley extending through Block 7 according to the Map of Lincoln Court in the City of Roanoke. (For full text of Resolution, see Resolution Book No. 22, Page 204.) Hr. Davies moved the adoption of the Resolution. Ybe notion wes seconded by Mr. Decker and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Mebber, Nheeler, and the President, Mr. Young .................. 7. NAYS: None ............................ O. TRAFFIC: Council at its meeting of June 10, 1957, having directed the preparation of an Ordinaace authorizing the installation of a traffic control signal at the intersection of Milliamson Road and Pioneer Road, N. M., and providing that The First National Exchange Bank shall pay one-half of the cost thereof, Mr. Mheeler offered the following emergency Ordinance: (~13100) AN ORDINANCE authorizing the installation of a traffic control signal at the intersection of Mtlliamson Road and Pioneer Road, N. M., upon certain conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 205.) Mr. Wheeler moved the ~option of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Mebber, Nheeler, and the President, Hr. Youn9 ..................... 7. NAYS: None ............................... O. NF. Davies then offered the follomlng emergency Ordinance to provide for the appropriation of necessary funds for the installation of certain traffic signal (si3101) AN ORDINANCE amending the 1957 Appropriation Ordinance by appropriating to Account No. 144 - Departmental ~qulpment amd Improvements - Police Department the additional sun of $4,000.00 to be Used for the acquisition amd installation of certain traffic control signals on Williauson Road; and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 22, Page 206.) Hr. Davies moved the adoption of the Ordinance. The notion mas seconded by Hr. Hheeler and adopted by the folloming vote: AYES: Council members Davies, Decker, Dillard, Pickett. Hebber, Wheeler. and the President, Hr. Young ................. 7. NAYS: None ........................... O. DUDGET-£LECTIONS: Council at its meeting of Jane 10, 1q57, having directed the preparation of an Ordinance providing for the payment of $15.00 per day to election officials, Hr. Davies moved that the following Ordinance be placed upon its first reading: (~13102) AN ORDINANCE providing for the compensation of Judges, clerks and commissioners of elections hereafter held in the City of Roanoke. HDEREAS, it is provided by Section 24-207 of The Code of Virginia, 1950, as amended, that the Judges, clerks and commissioners of any election shall receive as compensation for their services the sum of $10.00 for each day*s service rendered but further provides that the Rovernlng body of any city may supplement the compensation therein prescribed for such election officials or for any one or more of them; and WHEREAS, it has been recommended to the Council by the City*s electoral board and by the City Manager that the compensation of said election officials be fixed as hereinafter provided and an appropriation has heretofore been made by the Council in its 1957 appropriation ordinance for the payment during the current year of the compensation fixed by this ordinance, and the Council may, from year to year hereafter, provide in its annual appropriation ordinance for the payment of the compensation of such election officials at the rate herein= after provided or at such other rate as may hereafter and from tine to time be fixed by ordinance of the Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, until otherwise provided by ordinance of the Council, the judges, clerks and commissioner of any election hereafter held in the City shall receive os compensation for their services the sum of $15.00 for each day*s service rendered os such election offi- cial. The motion was seconded by Hr, Decker and adopted by the followin9 vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, Wheeler, and the President, Ur. Young .................. 7. NAYS: None ............................ O. 191 192 MARQUEES: Council nt ltl meeting of June 10, 1957, having directed the preparation of nm Ordinance to provide for the granting of · permit to the Hedges Lumber Corporation to erect u marquee extending over its property line on Shenandoah Avenue, N, W** Mr. Decker moved that the following Ordinance be placed apo· lis first reading: (n13103) AN ORDINANCE directing the Building Commissioner to issue to Hedges Lumber Corporation a permit for the erection of a marquee to extend over the sooth line of Shenandoah Avenue, N. W., west of Sth Street, N. WHEREAS. Hedges Lumber Corporation, owner of certain land situate on the south side of Shenandoah Avenue, N. M., and designated as Lot B. Block 24, on the map of the Rogers, Fairfax and Houston Addition, and, also, the land formerly compr lng that portion of 6th Street, N. N** extending south from Shenandoah Avenue to the Norfolk and Western Railway Company*s right of may, has ·pplled to the City for a permit to erect a marquee extending 30 inches over the south line of Shenandoah Avenue for a distance of 75 feet, as a part of a new building now under construction on said property; and NHEREAS, said owner has submitted to the City Planning Commission the data required to be submitted by Section 12, Chapter 7, Title 15 of The Code of the City Of Roanoke, 1956, and said City Planning Commission has recommended in writlng that the Council authorize the issuance of the permit hereinafter men- tioned; and NDEREAS, the Council, after considering the written report of the Planning Commission, is of opinion that the request of the said emmet is reasonable ·nd that the permit applied for should be issued. THEREFORE, BE XT ORDAINED by the Council of the City of Roanoke that the Building Commissioner of said city be, and he is hereby, directed to issue to Hedges Lumber Corporation · permit for the erection of a marquee on its building located on the south side of Shenandoah Avenue, N. ~., and designated as Lot 8, Block 24, on the Map of Rogers, Falrfax and Bouston Addition, and, also, the land formerly comprising that portion of 6th Street, N. M., extending south from iShenandoah Avenue to the Norfolk and Western Railway Company*s right of way, said marquee to extend 30 inches over the south line of Shenandoah Avenue for a distance of 75 feet and to be constructed in full accord·ncc with the detailed drawing heretofore submitted by said owner to the City Planning Commission and to be constructed to the satisfaction of the said Building Commissioner; the aforesaid permit to be issued in full accord·ncc with and subject to the conditions and limitations contained in Chapter ?, Title 15, of The Code of the City of Roanoke, 1956, and of any other pertinent ordinances' of the City as the same may, from time to time hereafter, he amended. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Council members Davies, Decker, Pickett, Mebber, Rheeler, and the President, gr. Young ................... NAYS: Mr. Dillard .............. 1, BRIDGES: Council at its meeting of June 10, 1957, having directed the preparation of ·n Ordinance to provide for the accept·ncc of the bid of the A. P. Hubbard Nholesale Lumber Corporation for bridge lumber, Mr. Davies offered the following emergency Ordinance: (u13104} AN ORDINANCE amarding · contrsct for the purchase of bridge lumber fram. A, P. Hubbard Nholesale Lumber Corporation upon certain terms and candltlons~ and providing for en emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 207.) Hr. Davies moved the adoption of the Ordinance, The motion bas seconded by Hr. Hheeler and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Yebber, ~beeler, and the President, Hr. Young ................. NAYS: None ........................... O. BRIDGES: Council at its meeting of JuDe 10. 1957, having directed the preparation of an Ordinance providing for the acceptance of an offer of Messrs. J. M. Turner and R. C. Churchill to convey certain property to the city for street purposes, Hr. Davies offered the following emergency Ordinance: (UlSlOS) AN ORDINANCE providing for the acquisition of a parcel of land needed for the construction of an underpass and approaches to connect Rundy Road and Rhlteside Street, N. E.; providing for the payment of the purchase price therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22. Page 2Ok.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the f. Il.ming vote: AYES: Council members Davies, Decker, Dillard, Pickett, Mebber, Nheeler, and the President, Mr. Young .................... 7. NAYS: None .............................. O. MOTIONS AND MISCELLANEOUS BUSINESS: STORM DRAINS: Mrs. C. H. Camper, 1611Bluemont Avenue, S. M., appeared before Council and stated that the 1600 block of Bluemont Avenue, S. M., being a low area, is a collecting point for water after each rain and that each year the water rises to a higher level due to construction and grading in the area, Mrs. Camper advising that on numerous occasions she has taken the matter up with city officials and officials of Evergreen Development Company, Incorporated, but that nothing has been accomplished, that the late Hr. Paul R. Coffey told her that portions of the Evergreen Burial Park would be regraded to prevent water flowing from the cemetery into Bluemont Avenue and that there mas a possibility of its drainage system being used to carry off a portion of the water. Mr. John D. Copenhaver, Attorney for Evergreen Development Company, Incorporated, appeared and stated that he believes the majority of the problem has been caused by th~ construction of the Roanoke Apartments and that his client is anxious to cooperate in a ream]nubia fashion, including the use of its drainage system if it is adequate. Rt. Mebber moved to refer the matter to the City Manager for study, including the legal responsibility of the city, and to report thereon. The motion was seconded by Mr. Mheeler and adopted. There being no further business, Council ~dJourned. APPROVED 193 194 *COUNCIL, REGULAR MEETING, Monday, Jane 24, 1957~ The Council or the City Or Ronnohe met in regular meeting in the Council Chamber la the Wunicipal Building, Monday, June 24, 1957, at 2:00 o'clock, p, m,, the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Davies, Decker, Dillard, Pickett, Mebber, Wheeler, and the President, Mr. Young .................. 7. ABSENT: None .......................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr, Randolph G. Nhittle City Attorney, Mr, Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Kenneth R. Hragg, Assistant Pastor of Calvary Haptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, June 17, 1957, baying been furnished each member of Council, Mr. Webber stated that he wishes to have the minutes corrected in order to show that the committee of ~hlch he mas chairman, In /ts report concerning the request of Mercy House, Incorporated, that the city pay for a deficit created in its operations by reason of residents of the City of Roanoke being patients in the Hercy House, had ia its discussions considered only eight residents of the City of Roanoke, amd moved to correct the minutes of the meeting of Jnne 17, IRS?, by rewriting the paragraph dealing there- with to read as follows: BUDOET-OEPARTMEI~f OF PUBLIC WELFARE: Council at its meeting of June 3, 1957, having appointed a committee consisting of Mr. Roy L. Webber, Chairman, Mr. Vincent S. Mheeler, Mrs. Mary C. Pickett and Miss Bernice F. Jones to study and report its recommendations to Council on the request of Mercy House, Incorporated, that the city pay for a deficit created in its operations by reason of eight residents of the City of Roanoke being patients in the Mercy House and for which less than their regular charge was paid, the committee submitted its report, advising that it has studied the matter in care- ful deliberation and is unanimously of the opinion that the action of Council at its meeting of May 13, 1957, denying the request, should not be changed. The motion was seconded by Mr. Nheeler and adopted. Hr. Mheeler then moved that the minutes of the meeting of June 17, !g57, be approved as corrected. The motion was seconded by Mr. Davies and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: WATER DEPARTMENT: Council at its meeting of May 20, 1957, having set a public hearing for 2:00 o'clock, p. m., Monday, June 24, 1957, In the Council Chamber in the Municipal Building, on the question of amending the Rules and Regulations covering boating at the Carvlns Cove Reservoir as recommended by the City Manager, the hearing was held. Mr. John 6. London appeared and stated that he recommends a fee of fifty cents per horsepower for motors, that the Cove be kept open until 10:00 o'clock, p. m., and that the limitation on horsepower be eliminated, and suggesting that a monthly rate night be established for operation of boats as well as a daily one. Hr, C. S. Douglass ·ppe·red and st·ted that under the present rates charged for bouts, based on his us·ge last ye·r, it had cost hiw $4,00 per ride mhich he considers to be rather high, and suggesting that · reasonable d·ily rate be established for bo·ts on the reservoir, Hr. Douglass further suggesting that the upper end of the Core be restricted to fishing from the b·nks, Hr, Roy C. Kinsey, Jr.. appeared and st·ted that he believes the present rates are excessive and recommending that a flat 'r·te be est·blished for boats on the Cove rather th·n h·ving e charge for motors based oa horsepower r·ting and · separate charge for bo·ts, and th·t motors on bo·ts should be controlled b·sed on Outboard Club st·ndards. Hr. A. C. Omen appe·red and stated th·t he is in f·vor of ·dopting proposal: as submitted by the Dep·rtment of Parks and Recreation to the City Ran·get but that he is not sure those proposals are contained in the Ordinance now before Council. and stating further that he believes the Coast Guard regulations for safety should be adopted for use on the Carvins Core Reservoir. Mr. II. F. Husk· appeared and stated that he has been forced to purchase a motor vehicle license tag for his boat trailer used in transporting his boat through the city which he believesshould not be required, and further stating that he has been denied the right of using his boat on the Carvins Cove Reservoir because the officers at the Cove do not believe that the motor on his boat meets the horsepomer limit requirements, and advising that he had a thirty horsepomer motor mhich has been modified to reduce its horsepower to twenty-five or less. Mr. Husk· was advised that this is an administrative matter and can be handled by the City Manager. No one else appearing at the hearing, Mr. Dillard moved to take the matter under consideration. The motion was seconded by Mrs. Pickett and adopted. STREETS AND ALLEYS: Mr. V. H. Garnand, President of the Garden City Civic League, and six other residents of the Garden City area, appeared before Council and stated that Reynolds Road, S. E., is in such a state of disrepair that dust and mater hazards are created and requested that the road be hard surfaced. The City Manager stated that he is doubtful that the city has o clear right of way for a road but believes that Reynolds Road has come into being by public usage rather than by dedication and in his opinion is only twenty to thirty feet wide, consequently, he feels that no public work can be done on the road until such time as title thereto has been cleared.: Hr. Gum·nd,advised that the residents and.property oma·rs living on Reynol¢ Road are agreeable to donating to the city sufficient land to straighten and widen Reynolds Road if the city will undertake to grade and hard surface.it; Mr. Webber moved to refer the matter to the City Manager for study, includtl a survey and estimate of cost, and his recommendations thereon. The motion was seconded by Mr. Mheeler and adopted. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: 195 196 MATER DEPARTMENT: The City Manager presented · communication from the Manage of the Water Department, advising that it mill be necessary to expend $1,650. oo for repairs to the steam pumping equipment at the Crystal Spring Pampieg Station, which equipment is obsolete end difficult to maintain in operation, ned recommending that authority be granted to proceed with plans and specifications and the taking of bids for the purchase and installation of two electric driven.pumps to replace the old steam pumps, mhich he estimates will cost approximately $25,000.00, the City Manager concerting in the recommendation of the Manager of the Mater Department. Mr. Dillard moved to concur in the request. The motion mas seconded by Mr. Wheeler and adopted. TRAFFIC-CITY PROPERTY-STREETS AND ALLEYS: Council at its meeting of June 3, lgST, having directed the City Manager to present to Council a plan and estimated cost for cutting back the eastern end of the Ceneral Robert E. Lee Plaza to provide for better traffic flom into Church Avenue on the north side of said plaza, the City Manager Submitted his report and proposal which he estimates mill cost approximately $2o252.25 to accomplish. Mr. Webber moved to direct the City Attorney to prepare an Ordinance to provide for the project as recommended by the City Manager. The motion was seconded by Mr. Wheeler and adopted, Mrs. Pickett voting no. WELFARE DEPARTR£NT: The City Manager reported that due to regulations requiring that personnel employed by the City of Roanoke may not he employed on a temporary basis longer than sixty days and the difficulty of employing qualified personnel in the Welfare Department, the Acting Director of the Department of Public Welfare has requested permission to employ two temporary workers beyond the sixty~doy limitation, which request the City Manager recommends be granted. Mr. Webber moved to direct the City Attorney to prepare a Resolution providing that the Department of Public Welfare may employ two temporary persons in that department beyond the sixty-day limitation until permanent employees may be secured. The motion mas Seconded by Mr. Wheeler and adopted. APPOINTMEr~'FS-HEALTH D£PARTM£HT: Tbe City Manager reported the appointment o] Dr. E. G. Gill, Dr. M. R. Whitman and Mr. William P. Swartz, Jr** as members of the Board of Health for tmo-year terms expiring June 30, 1959. The report was ordered filed. APPOINTMENTS-HEALTH DEPARTMENT: The City Manager reported the appointment of Dr. Margaret M. Glendy as Acting Commissioner of Health for the City of Roanoke effective June lO, 1957. The report mas ordered filed. STORM DRAINS: Council at its meeting of June 17, 1957, having referred to tbe City Manager for study and recommendation the complaint of citizens in the 1600 block of Hines*nh Avenue, 5. M., that storm waters standing in that block after rains have continually risen to higher levels because of construction in the vicinity and grading accomplished by the Evergreen Burial Park, the City Manager reported that he has been advised by the City Attorney that in his opinion there Is no liability on the city In the premises and advising that he has received · letter trow Evergreen Development Company, lncorporatede stating its willingness to give the clty an easement through its property for a 6-inch drain pipe to con- cect from the los point on Bluetont Avenue to its 24oinch storm drain, estimating that the cast or constructing said drain will be approximately $2,000.00 for which there are sufficient funds in the 195T budget, the City Ran·get st·ting that his opinion construction of the 6-inch dr·in will take core of the water cc Bluenoct Avenue ninety per cent of the tine, advising, however, that in extra heavy rains some water will be impounded until the overload in the drainage system has a chance to run off. Hr. Webber moved to direct the City Ran·get to consult with the officials of Evergreen Development Company. Incorporated, with a viewof obtaining an ease- ment for an O-inch drain rather than a 6-inch dr·in to connect with their drainage system and the low point on Bluemont Avenue, S. W. The notion was seconded by Rr. Wheeler ·nd adopted. REPORTS OF COR#ITTEES: NONE. UNFINISHED BUSINESS: SEWA§E DISPOSAL: Council ·t its meeting of June 3, 1957, having concurred in the committee report recommending cart·in ch·ages in the contract between the city and the County of Roanoke de·ling with the treatment of domestic and commercial wastes and having tabled the matter pending receipt of · Resolution passed by the Board of Supervisors of Roanoke County in the premises, the City Clerk advised that a certified copy of the Resolution of the Board of Supervisors of Roanoke County has been filed with him, whereupon, Mr. Davies offered the following Resolution: (z13106) A RESOLUTION amending the contract between the City of Roanoke and the County of Roanoke with reference to the treatment of domestic and commercial wastes. (For full text of Resolntion, see Resolution Book No. 22, Page 212.) Mr. Davies moved the adoption of the Resolution. The notion nas seconded by Mr. Nheeler and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. ¥oung-~ ................. 7. NAYS: None ............................. ZONING: Council at its meeting of December 26, 1956, having referred to the City, Pl·nning Commission for study and recommendation a request of R. R. and E. B. Scott that their property located on the southwest corner of Bullitt Avenue and Ninth Street, S. E., described as Lots 9 and 10, Block 25, Belmont Land Company, be rezoced from Special Residence District to Business District, the City Planning Commission submitted its report, stating that the matter has been under study for some time and advising that there are several properties along Ninth Street, S. E., now zoned for business usage which have not been developed, in view of which the Commission is of the opinion that ther~ is no need for enlarging the business district in that particular area at this time and that it will be for the best 197 198 interest of the mnJority or the property owners is the immediate neighborhood to retsio tke lots as presently clnssiried, the Commission therefore recommending that the request be denied. In this connection, the City Clerk reported that the petitioners have requested permission to mithdrnm their request for resorting mlthout prejudice. Mr. Dillard moved to grant the withdrawal of the request or #, Scott for rezonlng or their property. The motion mas seconded by NFo Davies mud adopted, STREETS AND ALLEYS: Council at its meeting of June IO, lgS?o having referred to the City Planning Commission for study and recommendation a request of Julian Hsrtin that an alley running south from Livingston Road, S. N., and extending to Gean Streets he vacated, discontinued and closed, the City Planning Commission submitted its report, advising that the alley has never keen opened and in its opinion there is no public necessity for tt and recommending that the request of the petitioner be granted provided that in vacating the alley the city retain an easement for any existing public utilities therein. Mr. Mebber offered the following Resolution appointing viewers to view the said alley and report thereon as required by law: (~13107) A RESOLUTION providing for the appointment of five freeholders, any three of mhom may act, as viewers in connection with the petition of Julian Do Rartin to permanently vacate, discontinue and close, for its entire length, an alley Funning south from Livingston Road, S. W., and extending to Gean Street; beginning 110 feet mest of Cean Street, and running south approximately 145 feet parallel with Gean Street, S. ¥o, and thence east approximately IlO feet parallel with Livingston Road, S. W., to Gean Street; and lying between the property of Jnllan D. ~artin and £athleen P. Esttll, and the property of O. R. Angle, Grace Drown Smith, John Derkley Carter, and Susie N. Carter; being that certain alley lying between Lots I and 2, Section 5, Grandin Court Hap, and Lots I and a portion of 2, Section 12A, Grandin Court Annex Nap, and Lot 1, Simms Rap, in said City. (For full text of Resolution, see Resolution Book No. 22, Page 213.) Mr. Webber moved the adoption of the Resolution. The motion mas seconded by ~r. Nkeeler and adopted by the following vote: AYES: Council members Davies, Decker, Pickett, Webber, Wheeler, and the President, ~r. Young .................... NAYS: Rt. Dillard ............... 1, Mr. Nkeeler tken moved to set a public hearing in the matter for 2:00 o'clo~ p. m., July 22, 1957, ia the Cooncil Chamber ia the Raniclpal Building, tke attorney for the petitioner to prepare the proper notice for the said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion nas seconded by Rr. Decker and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDCET-ELECTIONS: Ordinance No. 13102, providing for the compensation of Judges, clerks and commissioners of elections hereafter held in the City of Roanoke, having previously been before Council for its first reading, read and laid over, was again before the body for its second reading. Hr, Davies moved to amend the Ordiocnce to provide for os emergency and on immediate effective date upon its adoption. Yhe.motion was seconded by Hr, Decker and adopted, Hr, Davies then offered the following Ordinance, as amended, rot its second reading nod final adoption: (a13102) AN ORDINANCE providing rot the compensation of Judges, clerks and co~nissioeers of elections hereafter held in the City of Rocooke; and providing for an eaergency. (For full.text of Ordinance, see Ordinance flock No. 22, Page 210.) Hr. Davies moved the adoption of the Ordinance. Yhe motion was seconded by NF. Decher and adopted bI the following vote: AYES: Council uembers Davies, Decher, Billard, Pichett,.Rebber, Nheeler, and the President, Mr. Young ................. 7. NAYS: None ............... ~ ........... O. ~AROUEES: Ordinance No. 13103, directing the Building Commissioner to issue to Bodges Lumber Corporation a permit for the erection of a marquee to extend over the south line of Shenandoah Avenue, N. N., west of Fifth Street, N. ¥., having previously been before Council for its first reading, read and laid over, was again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (=13103) AN ORDINANCE directing the Building Commissioner to issue to Hodges Lumber Corporation a permit for the erection of a marqoee to extend over t~ south line of Shenandoah Avenue, N. N., west of Sth Street, N. R. (For full text of Ordinance, see Ordinance Book No. 22, Page 211.) Mrs. Pickett moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Davies, Decher, Pickett, Webber, Wheeler, and the President, Mr. Young ................... NAYS: Mr. Dillard .............. 1. ZONING-SETBACK LINES: Council at its meeting of June 17, 1957, having directed the preparation of an Ordinance establishing a building setback line on tht north side of Salem Avenue from Jefferson Street to Second Street, S. E., Mr. Davies moved that the following Ordinance be placed upon its first reading: (#13100) AN ORDINANCE establishing a building setback line on the north side of Salem Avenue from Jefferson Street to.Second.Street, S. E., the said setback line to be located 13.0 feet northerly from the present established north line of Salem Avqnue, 5. E., between said streets, to provide for the widening of Salem Avenue, S. E** between said streets, by 13.0 feet. WHEREAS, notice has been duly published as required by law and the property owners in the affected area notified that Council would hold a public hearing on June 17, 1957, at 2:00 o'clock, p. m., in the Circuit Courtroom (Council Chamber) io the Municipal Ouilding, Roanoke, Virginia, on the question of establishing a building setback line on the north side of Salem Avenue, S. E., between Jefferson Street and Second Street, S. E., the said setback line to be located 13.0 feet northerly from the present established north line of Salem Avenue, S. E** between said streets, to provide for the widening of Salem Avenue, S. E** between said streets, by 13.0 feet; and 199 20O RHEREAS, the said hearing was held at the time and place aforesaid before the Council of the City of Roanoke, at which hearing all property owners In the affected area and all other persons were given an opportunity to be beard on the qaestlon: and RHEREAS, the Roanoke City Planning Commission has heretofore recommended and approved the establishment of a building setback line on said avenue for the purpose herelnabove ttated~ and WIIEREAS, after hearing all of the evidence submitted, Council Is of the opinion that the said building setback line should be established. TH£REFORE. BE IT ORDAI~D by the Council of the City of Roanoke that a building setback line be. and the same is hereby, established on the north side of Salem Avenue, S. E...betmeen Jefferson Street and Second Street. S. E** the said setback line to be located 13.0 feet northerly from the present established north line of Salem Avenue, S. E.. between said streets, to provide for the widening of Salem Avenue. S. E.. betmeen said streets, by 13.0 feet: and HE IT FURT~I£R ORDAINED that no building hereafter erected on uny of said lots abutting on said avenue shall extend over the said building setback line as established by the provisions of this ordinance. The uotfen was seconded by Hr. Wheeler and adopted by the following vote: AYES: Council =embers HavJes, Decker. Pickett. Webber, Wheeler, and the President. Hr. Young ..................... ~A¥S: Mr. Dillard ................ ZO~I~G-SETHACK LINES: Conncil at its meeting of June 170 19S?, baring directed the prepnrotion of an Ordinance establishing a building setback line on the east side of Second Street, ~. E., from Shenandoah Avenue, N. E., to Rilliamson Road, N. E., Rt. Wheeler meted that the following Ordinance be placed upon its first reading: (~13109) AN ORDINANCE establishing a building setback line on the east side of Second Street, N. E.. from Shenandoah Avenue, N. E., to Willlamson Road, N. E., the said setback line to be located 20 feet easterly from the present established east line of Second Street, N. E., between said streets, to provide for the widening of Second Street, N. E., between said streets, by 20 feet. WHEREAS, notice has been duly published as required by law and the property In the affected area notified that Council would hold a public bearing on June 17, 1957, at 2:00 otcloch, p. m., in the Circuit Courtroom (Council Chamber) in the Wnnicipal Huilding, Roanoke, Virginia, on the question of establishing a building setback line on the easterly side of Second Street, N. E., between Shenandoah Avenue, N. E., and Williamson Road, N. E.. the said setback line to be located 20 feet easterly from the present established easterly line of Second Street, N. E., between said streets, to provide for the widening of Second Street, N. E., between said streets, by 20 feet; and WU~REAS, the said hearing was held at the time and place aforesaid before the Council of the City of Roanoke, at which hearing all property omners in the affected area and all other persons were given an opportunity to be heard on the question; and WHEREAS, the Roanoke City Planning Commission has heretofore recommended and approved the establishment of a building setback line aa said street rot the purpose hereinabove stated; and ~HEREAS, after hearing all of the evidence submitted, Council is of the opinion that the Said building setback line should be established. TI~REFORE, BE IT ORDAINED by the Council of the City of Roanoke that u building setback line be, and the same is hereby, established on the easterly side of Second Street, N, E., between Shenandoah Avenue, N. E., and ~llliamson Road, N. E., the said setbacR line to be located 20.0 feet easterly from the present easterly line of Second Street, N. E., between said streets, to provide for the widening of Second Street, N. E., between said streets, by 20.0 feet; and DE XT FURTI~R ORDAINED that o* building hereafter erected on any lots abutting on the said street shall extend over the said building setback line as established by the provisions of this ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Davies, Decher, Dillard, Pickett, Nebber, Yheeler, an( the President, Mr. Young ................ NAYS: None ...................... O. CELEBRATIONS-CITY GOVERNMENT: Mr. Davies offered the following Resolution expressing CouncllSs appreciation to the officers and directors of the Roan*he Diamond Jubilee, Incorporated: (~13110) A RESOLUTION expressing this Council*s appreciation to the officers and directors of the Roanoke Diamond Jubilee, Incorporated, and the thousands of persons who participated in and otherwise contributed to the success and enjoyment of the celebration of the CJty*s ?Sth anniversary. (For full text of Resolution, see Resolution Book No. 22, Page 215.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Nebber, Nh*el*r, and the President, Mr. Young ................. 7. NAYS: None ........................... O. MOTIONS AND MISCELLAN£OUS BUSINESS: TRAFFIC-CITY PROPERTY: Mr. #heeler stated that the parking conditions in the alley at the rear of the Rnnicipal Building are insufficient and the handling of traffic through the said alley hazardous and moved that the City Manager be directed to make a study of the cost of mldening said alley on the north side between the Mnnicipal Building and Second Street, S. [., to provide for additional parking space similar to that at the west end of the building, and to submit his plan and estimate to Co*ocli. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Decker, Dillard, Webber, Wheeler, and the President, Mr, Yoong ................... 5. NAYS: Council members Davies and Pickett ............. 201 202 BO~DS-SCBOOLS: The Mayor stated that the Chairman of the Roanoke City School Board has advised him that the School Board has completed its study of lwmediate needs for construction or schools and its proposed locations for schools in connection with the proposed bond issue pending before Council nnd uJshes to discuss the matter with Council at nn informal meeting, whereupon, the Mayor called informal public meeting of Council for 7:30 o'clock, p, m** July 9, 1957, in the Council Chamber, for the purpose or discussing with the School Board its proposed report, OFFICE flOURS: The City Manager recommended that municipal employees be granted a holiday on Friday, July 5, lOS?, in order to provide a long meek end in connection with July 4, stating that employees have been performing considerable additional work during the recent rainy periods and in connection with the cityts 75th Anniversary. Mr. Davies norad that the City Attorney be directed to prepare a Resolution providing for the holiday as reqoested by the City Manager. The motion was seconded by Mr. Decher and adopted. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday, July 1, 1957. The Council of the City of R,an,he wet in regular meeting in the Council Chamber in the Municipal Building, Monday, July 1, 1957, mt 2:00 ,mci,ch, p, m., the regular meeting hoar, with the President, Mr. Young, presiding. t~ES£NT:~. Council members Davies, Decker, Dillard,, Pickett, Mebber, Nheeler, and the President, Mr, Young ................. ABSEI~F: M,ne ......................... O. OFFICERS PRESENT: Mr. Marry R. Yarns, City Auditor and Acting City Manager, Mr..Rand01ph G. Shittle, City Attorney, and Mr. Jo Robert Thomas, City Cler~, INVOCATIO~ The ~eeting was opened with a prayer by the Reverend Mill;am Mo Gold,,Chaplaio at the Veterans Administration Center. MIBUTES: Copy of the minutes of the regular meeting held on Monday, June 24, 1957, having been furnished each member of Council, upon motion of Hr. Nheeler, seconded by Hr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 ,*clock, p. m., July 1, 1957, on the request of Carter Convalescent It,me, et al, that a 4.1 acre tract of land located west of Tenth Street, N. M.. between Thomas Avenue and ~atts Avenue, be rezoned from General Residence District to Special Residence District, and notice of the hearing having been published in The Roanoke ~orld-Nems on June 14, 1957, the hearing was held at which no one appeared in opposition to the request. Mr. Oliver M. Arnold, Attorney for the petitioners, appeared and requested that Council grant the request as previously recommended by the City Planning Commission. In reply to a question from Mr. Nebber, the petitioners advised, through their attorney, that they will be glad tO give the city,a right of way for semers and drains along the creek which,meanders through their property. Hr. Dillard moved that Council concur in the recommendation of the City Planning C,emission and that the following Ordinance be placed upon its first reading: (wi3111) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The,Code of the City of Roanoke, 1955, in relation to Zoning. NHEREAS, application has been made to the Council of the City of Roanoke to have property located west of Tenth Street, M. M., between Thomas Avenue and ·atts Avenue, being a 4.1 acre tract of land in Section 20, Rugby Land Corporation Map, rea,ned from General Residence District to Special Residence District; and NHEREAS, the City Planning Commission has recommended that the above parcel of land be rea,ned from General Residence District to Special Residence District as requested; and · HEREAS, notice required by Title XV, Chapter 4, Section 43! of the Code of the City of Roanoke, 1956, relating to Zoning, has been published Jn *The R,an,he M,Fid-News*, a newspaper published in the City of Roanoke, for the time required by said section; and 203 204 MHEREAS, tho bearing ns pkovided for in said notice published in the said oemspaper was held on the Isa day of July, 1957, nt 2:00 o'clock, p, m., before the Council of the City of Roanoke la the Council Chamber ia the Municipal Beildlog et which hearing property owners and other interested parties In the affected area were.given'an opportunity to be heard both for and against the proposed rezooing; and YHEREAS,.this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title IV, Chapter 4t Section 1, or The Code.of the CIW of Roanoke, 1956, relating to Zoning, be amended and reenacted.in.the following particular and aa.other, viz:. Property located on the west side of Tenth Street, N. Wj, between Thomas Avenue and Matts Avenue, described as a 4.1 acre tract of land in Section 20, Rugby Land Corporation Map, designated on Sheet 223 of the Zoning Map as Official No. 2230611, be, and is hereby changed from General Residence District to.Special Residence District and the Zoning Map shall be changed Jn this respect. The motion was seconded by Hr. Mheeler and adopted by the following vote: AYES: Council members Bogles, Decker, Dillard, Pickett, Nebber, Mheeler, and the President, Hr.'Young ........... 7. NAYS: None ..................... O. Rt. ~ebber then moved that the City Attorney be directed to consult wlth the owoeFs of the property and to prepare the necessary papers providing for acceptance by the city of a deed of easement to be given by the property owners for sewers and drains along the creek through the property. The motion was seconded by Mr. ~heeler and adopted. STORM DRAINS-SIDEWALK, CURB AND GUTTER-STREETS AND ALLEYS: A ~roup of residents of the 2000 blocks of Laburnum Avenue and Avenel Avenue, S. M., appeared before Council and stated that their properties are being flooded with storm waters running off of Carter Road, Avenel Avenue, Laburnum Avenue and Rellevllle Road into the alley in their block which is a low area, requesting that Cooncil take action to relieve the situation and suggesting that possibly the construction of curb and gutter along the southeast side of Relleviile Road. S. N., between Avenel Avenue and Laburnum Avenue, might be the solution. : Mr.'Dillard moved that the matter be referred to the City Manager for study~ including the suggestion of constructing curb and gutter on Relleville Road. and to Submit his report thereon. The motion was seconded by Mrs. Pickett and adopted. PETITIONS AM COMMUNICATIONS: HOUSING-PURCHASR OF PROPERTY-LANDRARKS: The City Clerk presented a communication from the City Planning Commission, advising that in connection with its study of subdivision plats of the Commonwealth Redevelopment Project now under way the members of the Commission are considerably concerned over Block wC# of the proposed subdivision in which six lots are laid out on the west side of #illiamsoe Road and Courtland Road for residential purposes and where three residences have been relocated~ one fronting on Courtland Road and two fronting onClaytou Avenue, which in the opinion of the Commission, if allowed to remain, mill depreciote the volue of the adjacent properties eed have an adverse effect on the general eppeeraece of Mllliomsoa Road, thus defeotiegthe purpose of the renewal project in part, farther advising thot the Commission hos concluded, after studying the locotioe eed the grade of the block, thom several of the lots ore undesirable for residential purposes and inasmuch es the Bousing Authority hen offered to give to the city one of the lots in question es a site for the old Big Lick Post Office, it feels that the entire area of nloch 'C' mill be more suitable for the location of the historical post office than for residential purposes, stating that it has been advised by:the Dousing Authorit! that it is in accord with the Commiss'ion*s ~iems and bas agreed to ceoperate,~ the Commission therefore recommending that the city acquire the slx lots in Bloch #C" for the purpose of developing the land for e historical park area, the Commission further recommending that in vieu of the importance of the intersection of Milliamson Road mod U. S. Route No. 460 that Council should acquire the Dr. Raft house known as ~#agnollau, and adjacent properties which are hounded on the south by U. S. Route No. 46O, on the west hy Courtland Road, on the north by old Millinmson Road and on the east by Williamsoe Road to protect the highway from undesirable encroachments. Mr. Dillard moved that the matter be referred to the City Homager with direction that he confer with owners of the property mhich the City Planning Commission recommends be acquired by the city to establish a price on the property and submit his report to Council thereon. The motion was seconded by Mrs. Pickett and adopted.- ~AHER FIELD: The City Clerk presented a communication from the United States Internal Revenue Service, requesting that the city proceed with the sale of the effects of Roanohe Baseball, Incorporated, now under its custody, in consequence of liens obtained by the city on April 30, 1954, in the amount of $8?4.48 for rent and $589.65 for admission taxes, or release the property to the Internal Revenue Service in order that it might subject the sane to sale to satisfy its liens against the corporation. Mr. Davies moved that thematter be referred to a committee consisting of Messrs. Roy L. ~ebber, Chairman, Arthur S. Owens and Randolph G. ~hittle for study and r~conmendation. .The notion was:seconded by Mr~ Decker and adopted. POLICE DEPARTMENT-CITY JAIL: The City Clerk presented.communications from the Stute. Departmentof Melfare mod Institutions, transmitting reports of its inspec ttons of the police lookup and the city jail on June 4, 1957. The reports were ordered filed. CELEBRATIONS-CITY GOVERNMENT: The City Clerk presented u communication from the Ladies Auxiliary of B.P.O.E. No. lgY, congratulating Council on the Seventy- fifth Anniversary oF Roanokees birth and on the success of the Diamond Jubilee Celebration. .The communication was ordered filed. REPORTS.OF OFFICE~S: STREETS AND ALLEYS-AIRPORT: The City Manager reported that Adams Coastructio Company, who has the blacktop paving contract for the city for the current year, 205 206 has agreed to add to its contract paving of the access road at the Roanoke Municipal Airport at an estimated cost of $8,500.00 at the same prices contained in its said contract, the City Manager recommending that amendment of the Adams Construction Company contract be authorized to that extent. Yr. Webber moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare the necessary papers to provide for the amendment requested. The motion was seconded by Mr. Wheeler and adopted. BUDGET-CELEBRATIONS-CITY GOVERNHENT: The City Hanager requested an approprl~ tion of $450.00 to provide for the payment of a bill from The G. A. Traban Company, Incorporated, for decorating the municipal Building during the city*s Diamond Jubilee. Mr. Davies moved to concur in the request of the City Manager and offered the following emergency Ordinance: (a13112) AN ORDINANCE to amend and reordain Section UllO, "Recreation Department', of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 217.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Ur. Decker and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, Nheeler and the President, Mr. Young ................. 7. NAYS: None ........................... O. BUDGET-TRAFFIC-GRADE CROSSINGS: ~he City Manager requested aa appropriation of $4,144.00 to cover the cost of purchasing and installing parking meters, including the construction of curbs in the area under Hunter Memorial Bridge. Mr. Webber moved to defer the request until the 1958 budget study. The motion was seconded by Mr. Wheeler. Mrs. Pickett offered a substitute motion to concur in the request of the City Manager and moved that the following Ordinance be placed upon its first reading: (~13113) AN ORDINANCE to amend and reordain Section ~140, 'Street Construction", and Section n144, "Departmental Equipment and Improvements", of the 1957 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section mi40, 'Street Construction", and Section u144e "Departmental Equipment and Improvements", of the 1957 Appropriation Ordinance, be, and the same are hereby amended and reordained to read as follows, in part: STREET CONSTRUCTION ~140 Contractors ........................................... $ 135,500.00 DEPARTMENTAL EQUIPMENT AND IMPROVEMENTS u144 (1) ........... $ 289,273.08 (1) Police Department Parking Meters $5,144.00 The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Conn¢ll members Davies. Decker, Dillard and Pickett ......... 4. NAYS: Council members Webber, Wheeler and the President, Mr. Yonng ..... 3. REPORTS: The City Manager submitted a report of the Department of Public Nelfare for the n,nth of May, 1957, and reported other departmental reports on file in his office. Tho report was ordered filed. -' REPORTS OF COMMITTEES:' NONE. ' UNFINISHED BUSINESS: '' ' MATER DEPARTMENT: Council et Itu meeting cf June 24, 19570 having held · ubllc hexrin~ on proposed changes to the Rules and Regulatiou~ covering boating it the Carries Covq R~'servoir end baying tabled the matter for consideration at its next regular meeti~g~ the matter mas again before the body. After considerable discussion of the matter, Mr. Mheeler offered the follomi emergency Ordinance: (u13114) AN ORDINANCE to amend and reordain subsection (c) Inspection of boats; size, et~. and subsection (f) Alr chambers and horsepower, and subsection (h) Mooring; liability of city., of Sec. 4. Boating., and to amend and reordain Sec. 6. Annual privilege fees., of Chapter 2, Title III, of The Code of the City of Roanoke, 1956, relating to the City*s Carvins Cove Area, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 210.) Mr. Nheeler'moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young ................. 7. NAYS: None ....................... O. PENSIONS: Council at its meeting of April 1, 1957, having referred to the Board of Trustees of the Employees* Retirement System for studyand recommendation a communication fromMr. John I1. Fallmell making certain suggestions with reference to the Employees* Retirement System, the Board submitted a report recommending that the Employees* Retirement System Ordinance be amended to provide for areturn of a member*s contributions at retirement, less retirement allowance payments, upon death after retirement, advising that the cost thereof mould be..2S~ for General Employees and .40~ for Police and Fire Department employees, mhich would aggregate $9,069.22 per annum based on the 1956 pay rolls. ~r. Decker moved to direct the City Attorney to prepare an Ordinance to provide for amendtngthe Employees* Retirement System Ordinance as recommendedby the Board Of Trustees of the System. The motion mas seconded by Mr. Davies and adop PENSIONS: The Board of Trustees of the Employees* Retirement System submitte a report advising that for some time it has had under consideration the question of eliminating the $6b000.00 maximum salary limitation for employee participation In the Retirement System and recommending that Council eliminate the said maximum salary limitation. Mr. Webber moved to direct the City Attorney to prepare an amendment to the Employees* Retirement System Ordinance to provide for the elimination of the $6,000. OOmaxlmum limitation contained therein. The motion was seconded by Mr. Decker and adopted, Mr. Dillard voting no. PENSIONS: The Board of Trustees of the~Employees* Retirement SYstem presented a report advising that ithas studied the proposal contained in'a ed. 207 208 commuulcntloa from Mr. John g. Fallmell amd endorsed by · number of employees by petition that employees be permitted to tahe the maximum pension provided rot in the present law end in addition that spouse benefits be provided for it fifty per cent of the employee's pension in event of his death, ~he Sourd advising that under the present lam ample options are available to employees to provide'for spouse benefits and that based upon the 1956 pay rolls to grant the additional benefits' requested would cost approximately $S5,600,00 per annum, and further advising that it does not recommend granting of this request. Hr. Davies moved to ConcuF iU the report or the goard of Trustees of the £mployees' Retirement System. The motion mas seconded by gF. Decher and adopted. CONSIDERATION OF CLAIHS: NONE. I~EODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING-SETgAC£ LINES: Ordinance No. 13108, establishing a building setback line on the north side of Salem Avenue frbm Jefferson Street to Second Street, S. E. having previously been before Council for its first reading, read and laid over, mas again before the body, gr. Davies offeriug the following for its second reading and final adoption: (#13103) Ag ORDINANCE establishing a building setback line on the north side of Salem Avenue from Jefferson Street to Second Street, S. E., the said setback line to be located 13.0 feet northerly from the present established north line of Salem Avenue, S. E., between said streets, to provide for the widening of Salem Avenue, S. £., between said streets, by 13. o feet. (For full text of Ordinance, see Ordinance Dook No. 22, Page 215.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Rt. Decker and adopted by the folloming vote: AYES: Council members Davies. Decker. Pickett. Webber. Nheeler. and the President, Mr. Young ...................... 6. NAYS: Rr. Dillard ................. 1. ZONInG-SETBACK LINES: Ordinance No. 13109, establishing a building setback line on the east side of Second Street, N. E., from Shenandoah Avenue to Williamson Road, having previously been before Council for its first reading, read and laid over, was againbefore the body, gr. Wheeler offering the following for its second reading and final adoption: (al3109) AN ORDINANCE establishing a building setback line on the east side of Second Street, N. E., from Shenandoah Avenue, N. E., to Williamson Road, N. E., the said setback line to be located 20 feet easterly from the present established east line of Second Street, N. E., betmeen said streets, to provide for the widening of Second Street, N. E., between said streets, by 20 feet. (For full text of Ordinance, see Ordinance Book No. 22, Page 216.) Hr. Nheeler moved the adoption of the Ordinance. The motion mas seconded by Hr. Decker and adopted by the following vote: AYES: Council members Davies, Decher, Dillard, Pickett, Webber, ~heeler, and the President, Hr. Young .................. 7. NAYS: None .................. ~ ......... O. TRAFFIC-CITY PROFERTY-STREETS AND ALLEYS: Council nt its meeting or Jane 24, 1957, having directed the preparation of. an Ordinance to authorize the City Manager to afc a port,on or t~e east endof the,General,Robert E. Lee Flaza for street purposes, Mr, Webber moved that the following Ordinance be placed upon.its first reading: (z13115) AN ORDINANCE directing the City Manager to cause the east end of the General Robert £, Lee Plaza to be cut back in order to facilitate the flow of traffic and ~ppropriating the necessary funds to defray the cost thereof, MRER£AS, the City Manager, at the direction of this Cnnncil, presented n pla tad the estimated cost of catting back the east end of the General Robert E. Lee Plaza to facilitate the flow of traffic into Church Avenue on the north side of said Plaza; which Plan and detailed estimate of the cost thereof, aggregating $2,252.25, are on file in the office of the City Clerk; and NUEREAS, in the Judgment of this Council, the said plan should be effectuate THEREFORE, RE XT ORDAIb~D by the Council of the City of Roanoke as folloms: 1. That the City Manager be, and he is hereby, authorized and directed to cause the plan submitted this body, at its regular meeting of Jane 24, 1957, of cutting back the east end of the General Robert E. Lee Plaza to facilitate the flom of traffic into Church Avenue on the north side of said Plaza at the estimated cost of $2,252.25, to be effectuated; and 2,' That there be, and there Is hereby, appropriated from the General Fund the sum of $2,255,00 to defray the cost of the aforemeutioned public improvement. The motion was seconded by Rr; Wheeler and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Webber, Wheeler, and the President, Mr. Young ................ NAYS: Mrs. Pickett .......... WELFARE DEPARTMErfI: Council at its meeting of June 24, 1957, having directed the preparation of a Resolution.to provide for authority to employ two temporary workers in the Relfare Department beyond a sixty day period, Mrs. Pickett offered the following Resolution: (u13116) A RESOLUTION authorizing the employment of two (2) part-time temporary workers in the Department of Public Relfare beyond apertod of sixty (60) days. _ (For fall textof Resolution, see Resolution Rook No, 22, Page 220:) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, Rheeler, and the President, Mr. Young ................ 7. NAYS: None ...................... O. OFFICE HOURS: Coancil at its meeting of June 2~, 19S7, having directed the preparatiou.of*a Resolution providing for a holiday for municip~l employees on Friday, July 5, 1957, Mr. Davies offered the following Resolution: (~15117) A RESOLUTION establishing Friday, July 5, as a legal holiday for the current year only. (For fall text of Resolution, see Resolution Book No. 22, Page 221.) 209 ~ Mr. Davies moved the adoption or the Resolution. The motion was seconded by Hr. Nheeler and adopted by the following vote: AYES: Council tembern navies, Decker. Dillard, Pickett, Hebber, Hbeelerf and the President, Nv. Young ............... ?. NAYS: None ..................... O. MOTIONS AND HISCELLANEOUS BUSINESS: COMPLAINTS: Mr. Claude T. Tnyloe, 116 Eighteenth Street, S. E., appeared before Council and stated that Hr. H. B. Wimmer of 309 Eighteenth Street, S. E., has on several occasions requested the City Manager to have Lots O and g, Block 3, McDonald Addition, located next door to his property, cleared of weeds and noxious vegetable matter, but had been unable to get uny action on the part or the city whil~ complaints in other parts of the city were receiving imuedlute action. Rt. Tuyloe requesting that Council take necessary action to assure that the lots in question will be cleaned up. Hr. Dillurd moved to refer the waiter to the Acting City Manager for necessary action. The motion was seconded by Mr. Nh*clef and adopted. TUBERCULOSIS SANATOBIUM-ALMSH]US£-WELFARE DEPARTMENT: Mr. Davies presented a communication advising that the Tuberculosis Sanatorium at Coyoer Springs has been vucont since July 31, 1956, stating that in the interest of conserving a valuoble asset, improving the living conditions of lnwates In the City flume and reducing the cost for hospitalization of indigent patients by use of the Tuberculosis Sanatorium a convalescent home, thereby possibly making the City Home which is presently should be appointed to make a thorough study of the question and related matters for consideration at the next regular meeting of Council and to discharge the committee appointed July SO, 1956, to study the future use of the Tuberculosis Sanatorium. The motion was seconded by Mr. Dillard and adopted. BUDGET-ELECTIONS: The City Sergeant appeared before Council and stated that he hun just discovered he will need additional tables and chairs for use in the polls during the election to be held July 9, 1957, and requested an appropriation of $260.00 to provide for the purchase of the said tables and chairs. Mr. Dillard moved to concur In the request of the City Sergeant and offered the following emergency Ordinance: (~13118) AN ORDINANCE to amend and reordain Section u132, "Electoral Board", !of the lg$? Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 22, Page 221.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by ~r. Davies and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, Nh*cleF, and the President, Br. Young .............. ?. NAYS: None ........................ O. LIBRARY BOARD: The ~ayor called for nomination of three members of the Board of Directors of the Roanoke Public Library Hoard for a term of three years each beginning July 1, 1957. Mr. Wheeler, placed in nomination the names of Rabbi Samuel R. Shtllman, Hfs George A. Layman and. HFs. Barton W. ¥orris, St,. for reelection as members of the Board of Directors of the Roanoke Public Library for a term of three years each beginning July !, 1957. Hr. Dillard moved to close the nominations, The motion was seconded by Mr, · Davies and adopted; whereupon, Rabbi Samuel R, Shillman, Mrs, George A. Layman and HFS. Bartoi W, Morris, St** mere reelected as members of the Board of Directors of the Roanoke Public Library for a term of tbree years each beginning July 1, 1957. b? the follouing vote: AYES: Council members Davies, Decker, Dillard, Pickett, Yebber. Wheeler, and the President, Mr. YoUng .............. 7. NAYS: None ........................ O. SCHOOL BOARD: The Mayor called for nomination of two members of the Roanoke City School Board for a term of three years each beginning July 1, 1957. Mr. Dillard placed in nomination the name of Mr. Robert F. Bennington as a member of the Roanoke City School Board for a term of three years beginnin9 July 1, 1957. Mr. Davies placed in nomination the name of Dr. L. C. Downing for reelectED as a member of.the Roanoke City School Board for a term of three years beginning July 1, 1957. Mr. #ebber moved to close the nominations. The motion was seconded by Hr. Wheeler and adopted; whereupon, Mr. Robert F. Oennington and Dr. L. C. Downing were elected as members of the Roanoke City School Board for a term of three years each beginning July 1, 1957, by the folloming vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, Wheeler, an the President, gr. Young ................. 7. NAYS: None ....................... O. PENSION BOARD: The Mayor called for nomination of a member of the Board of Trustees of the Employees* Retirement System of the City of Roanoke fora term of four years beginnin9 July 1, 1957. Hr. Decker placed in nominati~n ~he name of Mr. Arthur N. Matthems for reelection as a member of the Board of Trustees of the Employees* Retirement System for a term of four years beginning July 1, 1957. Mr. Rheeler moved to close the nominations. The motion was seconded by Mr. Decker and adopted; whereupon, Mr. Arthur N. Matthews was reelected as a member of the Board of Trastees of the Employees* Retirement System for a term of four years beginning Jaly 1, 1957, by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, Wheeler, an, the President, Mr. Young .................. 7. NAYS: None ........................ O. There being no further business, Council adjourned. APPROVED 211 212 ~COUHCIL, REGULAR.MEETING, Mouday,.July 8, 1957, The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Municipal Building, Monday, July 6, 1957, at 2:00 **clock. p. the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Davies, Decker, Dillard, Pichett, Webber, Mheeler, and thePresident, Mr. Young ...............7. ABSENT: None ....................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittl* City Attorney, Mr. Harry R. Yate$, City Auditor, and Mr. J. Robert Thomas, City Clerk. IHVOCATIOH: The meeting was opened with a prayer by The Very Reverend John S. Igoe, Pastor of St. Andrew's Roman Catholic Church. . HEARINO OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. July 8, 1957, In the Council Chamber, on the request of The Franklin Real Estate Company that the northern 120 feet of a 10-foot alley in Block 7, Lincoln Court, located between Nhitten Avenue and Carver Avenue, N. M., be vacated, discontinued and closed, and notice of tho hearing baying been published in The Roanoke World- News on June 21, lqS7, and the City Planning Commission having previously recom- mended that the request be granted, and a Board of Viewers heretofore appointed by Council haying reported that in Its opinion no inconvenience would result to any individual or to the public from vacating, discontinuing and closing said portion of the alley, the public hearing was held at which no one appeared in opposition. Mr. Sidney F. Parham, Jr., Attorney for the petitioner, appeared and requested that Counnil concur in the recommendation of the City Planning Commission and the request of his client that the portion of tho alIey he closed. Rt. Rheeler moved to concur in the request and that the following Ordinance be plaoed upon its first reading: (~13119) AN ORDINANCE vacating, discontinuing and closing the northerly 120 feet of a said lO-foot wide public alley in the City of Roanoke running through Block 7 of Lincoln Court in a north-south direction from Carver Avenue to Whitten Avenue, N. W., between Dupree Street and Downing Street. #HEREAS, The Franklin Real Estate Company has heretofore filed its petition before Council in accordance with law requesting Councilto permanently vacate, discontinue .and close the hereinafter described portion of an alley and due notice of the filing of said petition was given to the public as required by law; and NHEREAS, in accordance with the prayer of said petition viewers were appointed by Council to view the property and report iu mriting whether in their opinion any inconvenience would result from permanently vacating, discont!nuing and closiag the hereinafter described portion of an alley; and NBER£ASo it appears from the report ia writing filed by said viewers ia this proceeding (filed with the City Clerh together uJth the affidavit of said viewers aa the 1st day of July, 1957) that aa inconvenience woald result either to amy individual or to the public from permanently vacating, discontinuing and closin said portion of aa alley; and NH~REAS, it further appears to Council that the said petitioner has agreed to bear and defray the costs incident to this proceeding; and t NH£REAS, a public hearing on the aforesaid petition of The Franklin Real Estate Company mas held by Council in the Council Chamber of the Hunicipal Building on July B, 1g$7, at 2:00 p. m** after notice thereof duly pablished in the Roanoke · orld-News, a newspaper published in the City of Roanoke, Virginia at which hearing adjacent property owners and other interested parties were given an opportunity to be heard for or against the proposed vacation of a portion of the alley; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the northerly 120 feet of a certain lO-foot wide public alley in the City of Roanoke running through Block 7 of Lincoln Court in a north-south direction from Carver Avenue to ~hitten Avenue, N. #., between Dupree Street and Downing Street, described as follows: DEOINNING at a concrete monument on the south side of Mhitten Avenue situate S. 77° 35' W. 120 feet from a concrete monument on the east line of Downing Street; thence with Mhitten Avenue S. 77° 35' ~. 10 feet to a copper pin; thence leaving Rhitten Avenue S, 12° 25* £. 120 feet to a copper pin; thence N. 77° 35* E, 10 feet to a copper pin; thence N, 12° 25* ~. 120 feet to the BEGINNING; be, and the same hereby is, permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke and the public in and to said portion of an alley described herein are hereby released insofar as the Council is empowered so to do, the City of Roanoke, however, reserving to itself a public easement in the said alley for sewer lines and water mains and the ~ight of Ingress for the maintenance, repair and construction of any property now or h~reafter used for such easement. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to ma~h *Permanently vacated, Discontinued and Closed''the u~ove described northerl 120 feet of the alley running through 0lock 7 of Lincoln Court, City of Roanoke, Virginia, on all map~ and plats on file in the office of the CJt~ Engineer of the City of Roonohe on which said alley is shown, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke wherein this ordinance shall b~ spread. 'BE IT FURTHER ORDAINED thai the Clerk of ~his Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a copy of this Ordinance in order that said Clerk may make proper notation on all maps or plats recorded in his ~aid office upon which is shown the por~ioa of an alley herein permanently vacated, discontinued and close~ us provided by law, The motion was seconded bY Mr. Decker and adopted by the follouing vote: AYES: Council member~ Davies, Decker, Dillard, Pickett, Mebber, Mheeler, an the President, Mr, Young .................... 7. 213 214 NAYSt None .................. O. STREETS AND ALLEYS3 A public hearing having been set for 2=00 o'cinch, p. m., July 80 1957, In the Consols Chamber, on the motiol of the city that the ~outherly 361.6 feet of n.lO-root alley ia Bloch 7, Lincoln Court, located between ~hittes Avenue and Carver Avenue, N. M., be vacated, discontinued and closed, and notice of the hearing having been published in The Rosnoke World-News om June 21, 1957, and the City Planning Commission having previously recommended that the patti of the alley be closed, end a Board of Viewers heretofore appointed by Council having rLported that In its opinion no inconvenience would result from the closing of the said alley, the public hearing was held at which no one appeared. Br. Davies moved that the portion of the alley be closed and that the folio lng Ordinance be placed upon its first reading: (z13120) AN ORDINANCE permanently closing, vacating, discontinuing and abandoning the southerly 361.6 feet of a certain lO-foot wide alley extending through Block 7, according to the Map of Lincoln Court in the City of Roanoke. MREREAS, Council has heretofore on its own motion proposed the closing of the southerly 361.6 feet of that certain alley hereinafter described and did, by Resolution No. 1309g, appoint viewers to view said alley and report to Council as provided by law; and MHEREAS, Messrs. R. L. Rush, Leigh Oartin and Dewey R. Robertson, three of the five viewers heretofore appointed as aforesaid, after making oath that they would faithfully and impartially discharge their duties as viewers, have taken a view of said alley and have reported to'the Council in writing that in their opinion aa inconvenience would result from the closing of the southerly portion hereinafter mentioned and have recommended that the same should be permanently vacated, discontlnaed, closed and abandoned, without abridgment, however,'of the City*s right in any easement presently existing in said alley; and NHEREAS, the City Planning Commission, to whom this matter has heretofore been referred, has lihewise recommended to the Council that said portion of said alley should be permanently vacated, closed and discontinued; and NHEREAS, at a pobllc hearing of the question held at the Council meeting on the 8th day of July, 1957, after dee and timely notice of such public hearing published in a local newspaper, aa person appeared in opposition to the closing of the alley as hereinafter provided; and NHEREAS, Council Is itself of opinion that no inconvenience would result from such closing and that that portion of said alley as hereinafter described should be permanently vacated, discontinued, closed and abandoned, sabJect to the City's right in any easement existing in said alley as hereinafter provided. THEREFORE, DE XT ORDAINED by the Council of the City of Roanoke that the southerly 361.6 feet (as measured along the center line) of that certain 10-foot wide alley extending through Block 7, according to the Map of Lincoln Court, be, and the same is hereby, permanently closed, vacated, discontlnned and abandoned and that all right, title and interest of the City of Roaaohe and of the puSllc in and to said portion of said former alley is hereby released insofar as the Council is empowered so to go, said City of Roanohe, however, reserving unto itsel n perpetual easement for the maintenance, repair nad replacement of any existing water lines, sewer llaej, storm drains or other public utilities heretofore uonstrccted In said former alley and presently existing therein. BE I! FURTHER ORDAINED that the City Engineer be, ned be is hereby, directed to Barb UPermuaently Vacated, Discontinued, and Closed, Subject to the Reservation of Certain Easements,' that portion of said Yarner all~y herein vacated, on all maps and plats Da file labia office, referring to the boob and page of Resolutions and Ordinances of the City or Roanohe wherein this ordinance shall be spread. BE IT FURTHER.ORDAIHEO that the City Clerh shall deliver to the Clerh of the Bustings Court of the City of Roanohe, Virginia, an attested copy or thin ordinance in order that said Clerk Of Court may make proper notation on all maps or plats recorded in his cffice~upon which is shomn that portion of said former alley herein permanently closed, vacated, discontinued and abandoned. The motion was seconded by Mr. Be:her and adopted by the follomlng vote: AYES::Coaecil members Davies, Be:hero Dillard, Pi:bert, Webber, Wheeler, and the President, Nco Young ................. 7. NAYS: None .......... ~ ........ ~ ....... O. ZONING: A pablic hearing having been set for 2:00 oW:lo:ko p. m., July 9, 1957, on the request of Walter V. Thompson, et al, that their property located on the west side of Twelfth Street, S. E** between Kirk Avenue and Campbell Avenue, designated as Lots=?-12, Inclusive, Block 12. East Side Addition. be rezoned from General Residence District to Light Industrial District, and notice of the hearing having been published in The Roanoke WorldoNems on June 21. lg$?. and the City Planning Commission having previously recommended that therequest be granted, the hearing was held'at which no one appeared in opposition to the request. ~#r. Sidney F. Parham, Jr., Attorney for the petitioners, appeared and requested that Council concur in.the recommendation of the City Planning Commission that the request:for rezoning be granted. Hr. Wheeler moved that the request be concurred in and that the following Ordinance be placed upon its first,reading: . - ~ · .. (uI3121J:AN~.ORDINANCE to amend and reenact Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke, 19~6, in relation to Zoning. WBEREAS,.appllcation has been made:to the Council of the City of Roanoke to have,property located on.the.west side of Twelfth Street, S. E.. between Kirk Avenue and Campbell Avenue, designated asLots 7-12. Inclusive, Block 12, East Side:Additlon,.rezoned.from. GeneralResidence District to Light Industrial District · WBEREAS,.the City Planning Commission has recommended that the above parcel of land be renamed:from:General:Residence District to Light Industrial District as requested; and .: : . RBEREAS, notice required by Title XV, Chapter.4, Section 43~.of The Code of'the CitY.of Roanoke,.1956~.relating to Zoning,.has been published in "The- Roanoke,World-News#, a;newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the kearlRg as provided for in said ROtiCe published in the said newspaper mas held on the 8th day or July, 1957, st 2:00 o'clock, p. w. 0 before tko Couueil or the City of Roanoke in the Council Chanber in the Ruolclpel Hullding st which heoriRg property omners and other interested parties in the affected area were River an.opportunity to be heard both for nad against the proposed rezoning; and WHEREASo this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be renoned as requested. TH£REFOR£, BE XT ORDAI~D by the Council of the City of Roanoke that Title IV. Chapter 4, Section 1, of The Code of the City of Roanoke. 1956, relating to Zoning, be BReaded and reenacted in the following particular and no other, viz: Property located on the mesa side or Twelfth Street, S. E** betmeen Rlrk Avenue and Campbell Avenue, described as Lots 7-12, inclusive, Block 12, East Side Addition, designated on Sheet 411 of the Zoning Hap as Official Tax Hon. 4110606 - 4110611, both inclusive, be, and is hereby changed from General Residence District to Light Industrial Districtand the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council northers Davies, Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. 'Young .......... 7. NAYS: None .................... O. PETITIONS AND CO~UNICATIONS: PARKS AND.PLAYGROUNDS: The City Clerk presented a petition from residents of the southeast area in the vicinity of Jackson Park, protesting the erection of restrooms contiguous to e pavilion which the city is erecting in the picnic area of said park and proposing that restrooms be erected in the play area of the park or, in lieu thereof, the restrooms in 'Buena Vista' be modernized and enlarged. Hr. Webbermoved to refer the petition totheCity Manager' as an administre tJve matter. The motion was seconded by Mr. Nheeler and adopted. STREET LIGHTS: The City Clerk presented a communication from Mr. Joseph E. Everly of 1725 Hanover Avenue, N. #., requesting that a street light be erected on the corner of Maine Avenue and Monroe Street, N. W. Hr..Wheeler moved to refer therequest to the City Manager. The motion seconded by Mr. Davies and adopted. STORM DRAINS-CURB AND GUTTER: The City Clerk presented a communication from Hazlegrove, Shachelford and Carr, Attorneys for Mr. Preston L. Beck, requesting that Council grant a license to their client to maintain an asphalt curb os it now exists along his premises at 3287 White Oak Road, S. ~., which curb he has had erected on city property to prevent storm waters from flowing into his yard. Mr. Uebber moved to refer the matter to the City Hanager for study and recomaendatioo. The motion was seconded by Mr. Wheeler and adopted. STREETS Ah~ ALLEYS: The City Clerk presented a communication from Hayfair Company, Incorporated, et ale requesting that Curtis Avenue, N. u., between Hazelridge Road and Florist Road,,bounded on the north by Block 4, Section 1, Bowling Green, and on the south by Block 5, Section 1, Oakdale, be vacated, discontinued end closed. Rt. Davies moved to refer the request to the C!~ Planning Commission for stud! tad recolwendatioa. The motion was seconded by Mr. Decker and adopted. ,. - REPORTS OF OFFICERS:.. APPOII~rMENTSoPOLICE DEPARTMENT: The City Manager reported the appointment of Frank Lewis Peters as aa officer'in the Police Department, effective July 1, 1957. The report was ordered filed. CITY I~OPERTY: The City Manager reported that bids have been received by the Purchasing Agent for the erection of an office and warehouse building on the cityts storage lot on the north side of Salem Avenue, S. M., west of Third Street, as follows: Days Construction Conpanyo Salem, Virginia, $21,760.001 £ubank and Calduell, Incorporated, Roanoke, Virginia, $24,990.00; Maldren and Maldron, Roanoke, Virginia, $25,350.001 and J. F. Barbour and Sons, Roanoke, Virginia, $24,274.00, the City Manager advising that allbids meet specifications. Mr. Mebber moved to direct the City Attorney to prepare au Ordinance accepting the low bid of Days Construction Company in the amount of and appropriating the necessary funds. The motion was seconded by Mrs. Pickett and adopted. REPORTS OF COMMXTTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODBCTIONAND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 1311l,rreZoniug property located ou the west side of Tenth Street, S. M;, between Thomas.Avenue.and Matts Avenae, described as a 4.1 acre tract of land in Section 20, Rugby Land Corporation Map, from General Residence District to. Special Residence District, baying previously been before Council for Its first reading, read and laid over, was again before the body, Mr. Davies offering the following for its second reading and final adoption: .(al3111) AN ORDINANCE to amend and reenact Title IV, Chapter 4b Section 1, of The Code of the City of.Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance,Book No. 22, Page 221,) Mr..Davies moved the.adoption,of the Ordinance~ The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Davies, Decker, Dillard,-Pickett, Mebber, Wheeler, and the President, Mr; Young ................. ?. RATS: None~ ........ ~-~ ............... O. BUDGET~TRAFFIC-GRADE CROSSINGS: Ordinance No. 13113, appropriating to cover the cost'cf.:purchasing.and.installing parking meters, including the construction of curbs, in the area under Ranter Memorial Bridge, having:previously been before Council for its first.reading, read and laid over, was again before the body, Mr..Davies:.offering the following for.its-second.reading and final .i~131131 AN OROINANCE to amend and reordaln Section' al40, ~5treet Construc- tion** and. SectiOn a144, WDepartmcntal Equipment andlnprovementsu, of the 1957 Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No. 22, Page 218.) 217 matters germane to the subject and'to make recommendations, in the premises, to the Council for its further consideration. ' (For fail text of Resolution, see Resolution Book No. 22, ~age 224.) Hr. Dillard moved the adoption of the Resolution. The notion was seconded by Nr. Mheeler and adopted b~ the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Me'er, Mheeler, and the ~zenlden%, Mr. Vouag ............... ~7. NAYS: None .......................... O. ROTIONS A~ ~ISCEL~NEOUS BUSI~SS: NONE. There being no further business, Council adjourned. APPROVED ~Pre~ldent 219 22O COUNCIL, RHGULAR REHTINO, Monday, Jail 15, lg5?. The Council of the City of Roanoke met ia regular meeting iR the Council Chamber ia the Municipal Building, Monday, July 15, 1957, at 2:00 oecloc~, po the regular meeting hour, mith the President, Hr, ~oaag, presiding, PRESENT: Council members Davies, Decker, Dlllerd, Pickett, Hebber, Hheeler, and the President, #r. Young .................. ABSENT: None .......................... O. OFFICHRS PRESENT: Mr. Randolph U. Nhittle, City Att,racy, Hr. Harry R. Va*es, City Auditor and Acting City Manager, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened mith a prayer by the Reverend J. Stockman, Pastor of St. Markts Lutheran Church. MINUTES: Copies of the minutes of the regular meetings held on July 1957, and July U, 19570 having been furnished each member of Council, upon motion of Mr. Nh*el*r, seconded by Mr. Decker and adopted, the reading mas dispensed with and the minutes approved as recorded. ilEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: BONDS-SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board, transmitting its report on revised school building requirements as requested by Council at its meeting on May 27, 1957, which mas submitted to Council in an informal meeting on July 9, 1957, the School Board advising that the construction of the eight schools contemplated and the additions to three schools is estimated to cost $7,410,000.00 on the basis of current prices, and recommending that a school bond referendum be scheduled at a special election at the earliest practicable date consistent with the time required to inform the public of the urgent and immediate public school needs. Mr. Hebber moved to receive and file the report and to reconsider and rescind the action of Council at its meeting of May 6, 1957, in which it directed' the City Attorney to prepare an Ordinance providing for a referendum of the free- holders on the question of issuing $6,000,000.00 of public school bonds, and in connection therewith, also providing that Council be authorized to levy an additional tax of 50~ per $100.00 of assessed value on real and personal property in the city above the $2.50 tax limit, said increase to be used for the operation of schools, the referendum to be held along with the General Election of November S, 1957. The motion was seconded by Mr. Hheeler and adopted. Mr. Nebber stated that in view of the statements of the Honorable Eossen Gregory and Julian H. Rutherfoord, Jr., members of the Virginia General Assembly, made to Council at its informal meeting with the School Board on July 9, 1957, *that the General Assembly has under consideration and almost surely will pass at its next session beginning in January, 1950, legislation which will give the City of Roanoke an estimated additional grant for schools amounting to $1,100,000.00 annnallyW, he feels there is no need to provide for an Increase in local taxes to finance the operation of schools, and moved to direct the City Attorney to prepare an Ordinance providing for a referendum of the freeholders on the question of issuing $8,000,000.00 of public school bonds, ·aid refute·dam to be held at n special election on March 11, 1958. The motion mss seconded by Mrs. Pickett. Hr. Dillard moved to amend the motloo to provide fur $4,000,000°00 of public school bonds instead of $9,000,000,00. The motiol w&s lost for mast of · second. Mr, Mebberes motion mas then adopted. PARMa AND PLAYGROUNDS-SCHOOLS: The City Clerk presented a communicatioo rro~ the Roanoke City School Hoard, recommending that a master plan for the development of the Shrine Hill Park site be prepared to insure the moat advantageous use thereof for school and park purposes, Hr, Mebber moved to refer the matter to the City Planaiag Commission for study and recommendation. The motion mas seconded by Mr. Mheeler and adopted. STORM DRAIHS: The City Clerk presented a communication from Mrs. H. C. Carter, Jr., 3124 Fleetwood Avenue, S. H., requesting that Council consider the installation of a storm drain on Sranbleton Avenue and Red Rock Road, Mr. Dillard moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Mr. Mheeler and adopted. MATER DEPARTMENT: The City Clerk presented a petition from residents of the lgO0 block of Oellerllle Road, S. M., complaining of low mater pressere in their homes. Mr. Dillard moved to refer the.matter to the City Manager for study and recommendation. The motion was seconded by Mr. Mheeler and adopted. STREET LIGI~S: The City Clerk presented a communication from the AppalachiaE Electric Power Company, reporting the installation of twelve 2500 lumen street lights in the city during the month of June, 1957. The communication mas ordered filed. REPORTS OF OFFICERS: EASEMENTS-STORM DRAIHS: Councilat its meeting of June 24, 1957, having directed;the City Manager to confer with~offlcials of Evergreen Development Company, Incorporated, with a vlem of providing a.right of may for an H-inch drain pipe rather than a &-inch drain pipe~to connect the company*s~24-Jnch storm draJ· to the:low point, in Bluemont Avenue,'S. M., the City Manager reported that he has been advised by the attorneys for the corporation that it cannot agree to Increasing the size of. the drain beyond six inches, the City Manager recommending that Council authorize the acceptance of the easement for the 6-inch drain and the accomplishment of the-mark which.mill cost between $1,400.00 and $1,&O0. O0, the necessary funds having been.included in the 1957 budget. Mr. Mebher moved to direct the City Attorney to prepare anOrdinaace providing for the acceptance of an easement from Evergreen Development:Company, Incorporated, osrecommeoded by the City Manager. The motinn mas seconded by Mr. Dillard and-adopted, the President, Mr..Young, voting no; . *BUDGET-CARBACE.REMOYAL: The City Manager reqoested a transfer of $I,000.00 from Repairs to. Incinerator. to Supplies-in the Refuse Collectiooaod Disposal. accouat.of-the195T budget. 221 222 Hr. Davies noted to eoB:ur la ibm request of the City Manager end offered the folloulag elergenny Ordleaece: (z13124) AN. ORDINANCE to amend sad reordafm Se:tide JrT, 'infuse. Collection ned Disposal', of the 1957 Appropriation Ordinance. aid providing for sm emergeecy. (For fell text of Ordinance, see Ordinance Dook Mo. 22. Page 228.) Hr. Davies loved tke adoption of the Ordinance. The notion wis seconded b7 Mr. Decker lad adopted by the following Tote: AYES: Council members Davies, Decker° Dillard. Pickett, Webber, Wheeler, and the Fresldeet. Br. Young ................ ?. NAYS: None .......................... 0.. BUDGET-STADIUM: The City Manager requested a transfer of $2,000.00 from Repairs to Supplies in the. Stadium and Athletic Field account of the 1957 budget to provide for resodding of the football field. Mrs. Pickett moved to concur in the request of the City Manager and offered the following emergency Drdinance: (e13125) AN ORDINANCE to amend and reordaln Section nil2, 'Stadium and Athletic Field', of the 1957 Appropriation Drdinance, and providing for an eaergenc (For foil text of Ordinance, see Ordinance Book No. 22, Page 229.) Rrs. Pickett moved the adoption of the Ordinance. The notion nas seconded by Hr. Decker end adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Pickett, Wheeler, and the President, Mr. Young ................... 6. NAYS: Wt. Webber ............... 1. BUDGET-GRADE CROSSINGS: The City Manager transmitted a bill from the Norfolk and Western Railway Company in the amount of $27,937.20, representing fifty per cent of the cost of the construction of the underpass under the Norfolk and Western Railway Company°s line at Jefferson Street, and recommended that $27,937.20 be appropriated to provide for the payment of the said bill. Br. Davies moved to concur In the recommendation of the Cltl Manager and offered the following emergency Drdlnance: (n13126) AN ORDINANCE to amend and reorduIn Section n142, 'Transfer to Improvement Fundn, of the 1957 Appropriation Ordinance, and providing for an emergency. (For fall text of Ordinance, see Ordinance Book NO. 22, Page 229.) Rr. Davies moved the adoption of the Ordinance. The motion was seconded by Br. Wheeler and adopted by the folloning vote: AYES: Council members Davies, Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young .................. 7. NAYS: Bone ............................ O. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: Council at its meeting of Jane 17, 1957, having referred to.the City Manager for study and recommendation a request.of the Judge of the Juvenile and Domestic Relations Court that a position vacancy of Intake Officer be established for that court, the City Manager reported that he has conferred with the court officials, and while the request may be deferred or denied, his investigation convinces him that the employee is needed, the City Manager recommending concurrence in the request. Mr. Wheeler moved to refer the matter to the Job Clossiflcation Committee composed of Hessrs, Roy L. Webber, Chnirton, Herbert A. Davies, Leigh B. Hones. Jr** J. P. Cruichshnnh, E. M. Ruskton, Arthur S. Omens end J. Robert Thomas for study, preporntioa of n Job description and recommended olossificntioa. The notion mas seconded by Irs. Plchett and adopted, Hessrs. Dories nnd Dillard voting no. RDDGET-HEALTB DEPARTMENT: The City Manager requested nn appropriation of $94.00 for the purchase of a protective pnnel for use in connection mith X-rays nt the Health Center. Hr. Dillard moved to concur in the request of the City Manager and offered the folloming emergency Ordinance: (m13127) AH ORDIHANCE to amend and reordaln Section n144, "Departmental Equipment and ImproeementsU, of the 1957 Appropriation Ordinance, and providing for au emergency. (For full text of Ordinance, see Ordinance Hook Ho. 22. Page 230.) Mr. Dillard moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Davies, Oecher, Dillard, Pichett, Webber, Hheeler, and the President, Hr. Young ................... NAYS: None ............ ~ ................ O. BUDGET-AIRPORT: The City Manager requested an appropriation of $3,000.00 to provide for the employment of an extra field party by the Department of Public Morhs for the purpose of making a field surrey in connection uith Improvements at the Roanoke Municipal Airport. · Mr. Webber moved t5 concur in the request of the City Manager and offered the folloming emergency Ordinance: (x13129) AN OROINAHC£ to amend and reordain Section ~142, *Transfer to Improvement Fund*,-of the 1957 Appropriation Ordinance, and providing for an emergency. (For fell text of Ordinance, see Ordinance Hook NO. 22, Page 230.) Mr. Webber moved the adoption of the Ordinance. The motion mas seconded by Mr..Davies and adopted by the following vote: AYES: Conncil members Davies, Decker, Pickett, Webber, Mheeler, and the President. Hr. Young ................... NAYS: Mr. Dillard .............. 1. BUDGET-TRAFFIC: The City Manager. requested an appropriation of $1,800.00 for the establishment ora traffic control signal at 8-1/2 Street, S. E., on Campbell Avenue, at the entrance of the NorfolR and Western Railway Company Shops, which be, advised mill be fifty per cent reimbursed by the Norfolh and Western Railway Company, the City Manager submitting a letter from Mr. A. B. Stone, Chief Engineer/of the Railway Company, agreeing to pay its one-half of the cost. Mr. Davies moved to concur in the request of;the City. Hanagerand offered the folloming emergency Ordinance:~ :. 223 224 (e13129) AN ORDINAHCE to amend nod reordsiw Seetlow Bl44, 'Depsrtwentol Equipment ted ZmProvcmeats', o! the 1957 Appropriation Ordieonce, lad providing ' for oB emergency. (Forrell text or Or~ Ual:e, cee Ordioeace Book HO. 22, Poge 231.) Hr, Davies moved the sdoption or the OrditsnCeo .The motion wis seconded by Mr, Mheeler and adopted by the rollomilg vote: AYES: Council members Davies, Decker, Dillard, Pickett, Hebber nod Wheeler ........................ 6. HAYS: Hone ............. O, (The President, Ur, Young, eot voting for personal reasons) STORM DRAINS-CURB AND GOTTEn: Council at its meeting of July 8, 1957, having referred to the City Manager for study and recommendation a request of Mr. Preston L, Hack that he be granted a license to maintain an asphalt curb as it now exists along his property at 3287 ihlte Oak Road, S. N.. the City Manager reported that while he is against the precedent of permitting this type of encroachment on city property due to tke unusual situation involving this specific area, it is his recommendation that the license be granted. Mr. iheeler moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (u13130) AN ORDIHAHCE licensing P. L. Hack to maintain an asphalt reinforcement behind the curb parallel to his premises known as Lots H-I and U-2, according to the Legna H. and Stanley Harris Map. MHEREAS, P. L. He:k, the owner of Lots H-I and H-2, according to the Leone E. and Stanley Harris Map, prepared by C. H. Malcolm ~ Son, State Certified Engineers, dated November 2, 1952, recorded in the Clerk's Office of the Hastings Court of the City of Roanoke, Virginia, in Deed Hook 891, page 409, has previously caused an asphalt reinforcement to be constructed behind the City curb parallel to his premises along Avenham Avenue and for a short distance along Mhite Oak Road; and MHER£AS, the said curb is constructed in a neat, attractive and workmanlike manner; and MHERHAS, the Council of the City of Roanoke is or the opinion that the said P. L. Heck should be allowed to maintain the said asphalt reinforcement In order to protect his property from water which has previously overflowed the curb and damaged his premises. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that P. L.. Hack is hereby granted a license to maintain the said asphalt reinrorce~ meat to the curb as it presently exists along Avenham Avenue and Mhite Oak Road, provided that the said P. L. Hack shall cause the said asphalt reinforcement to be removed within thirty days after receiving notice in writing from the City Manager requesting such removal, and further provided that the said P. L. Heck shall save the City harmless from any loss which it may sustain for personal inJury or property damage resulting from the said asphalt reinforcement. 225 The notion was seconded by Mr. Decker and adopted by the f. Il,ming vote: ALES: Council members Davies, Decker, Dillard, Plekette lebber, Hheeler, and the President, Hr, Young ........... NAYS: None ....................... O, STORM DRAINS-COMB AND CUTTER-STREETS Alii) ALLEYS: C,aa:il at its meeting of July 1, 1957, having referred to the City Hanager for study , couplalst of the reeldeota of the 2000 bi.ch or Lsbsrnuw Avenue and Avesel Avenue, S. W** concerning storm mater collecting from the area to the north, un~ to specifically determine ukethpr or not curb and gutter oR the southeasterly side oF Belleville Road, S. between Avpnel Avenue an~ Laburnum Avenue, would alleviate the condition, the City #Manger reported that ~n his opinion curb and gutter as suggested by the residents would not relieve the situation, however, that the cia7 under existing policies mould he glad to pay one-halt of the Cost for curb and gutter: along math the owners o! the property if tkey would submit their request, therefor which would be placed in appropriate order for construction when and If funds were:available, the City Manager advising that the situation ia disagreeable but not: serious and that unless Council sees fit to appropriate $10,000.00 for installation of a drain, which he.does not recommend, it Js his recommendation that the situation remain status quo.. - Hr. Mheeler moved that the matter be referred back to the City Manager for further study and-that the City:Manager's attention be called to the probability of utility poles in the alley being set away from the property line thereby reducing the width Of the alley for water flow and that citizens along oneside of the all~y have erected snail dikes which bas contributed to the problem. The notion mas seconded by Hr, Decker and adopted. REPORTS OF COMMITTEES: None~ U~FINISHED BUSINESS: NONE. : CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF. ORDINANCES.A~D.RESOLUTIONS: : STREETS AND ALLEYS:. Ordinance No. 13119, vacating,.dincontinuing and closing the northerly 120 feet of an alle~ running in a north-south direction from Carver Avenue to Nhitten Avenue, N~ W~ between Dupree Street and Domning Street, having previously been before Council for its first reading, read and laid:over, was again.before the body, Mr. Davies offering the. following for its second reading and final adoption: .. : (#13119) AN ORDINANCE vacatiug~ discontinuing and closing the northerly 120 feet of a,said.lO-foot wide.public'alley In,the City of Roanoke running through.Block 7 of Lincoln Court in a north-south direc{ion from Carver Avenue.to Mhitteu Avenue,,N. N.~ between Dupree Street and. Downing Street.~ .: :: . (For full.textof Ordinance6see~Ordiuance, Book No. 22, Page 225.) Mrq Davies moved.the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by th~ foil,ming.vote: .- AYES: Council members Davies,:Decker, Dillard, Pickett, Mebber, Mheeler,. and the President, Mr. Young .................. T.. .: , · ..-:. NAYS: None ........................... O, .......... .: 226 :.;STREETS AND ALL~YSt,OrdleeRce No';~13120, vocotlog, discontinuing ced closlug the southerly 361~6 rent or aa ulley running ix u north-south direction from Carver Avetue to Nhftteu Avenue, N., W** between Oupree'Street and 0OWliOg' Street, having previously been before Council for Its firstreedleg,' read and laid over,.wss again before the body, Er, Wheeler offering the following for its second reading and final adoptions' (n13120) AN ORDINANCE permanently olosing, vacating, discontinuing and abandoning the southerly 361.6'feet of a'certala'lO-f0ot wide alley extending through Block 7, accbrdlng to the Nap of Lincoln Court in the City of Roanoke, (For full text of Ordinance, see Ordinance Book No. 22, page Nr~ Wheeler noted the adoption of the Ordinance. The notion Was seconded by Hr. Decker and adopted by the following vote: AYES: Council numbers Davies, Decker, Dillard, Pickett, Webber, Wheeler, and the President, Hr.'Young ...... 'NAYS: None ................... O, ZONING: Ordinance No. 13121, rezoning property located on the west side of Twelfth Street. S. E., between Kirk Avenue and Campbell Avenue. designated as Lots 7-12, Ieclnsiye, Bloch 12, East Side Addition. fFon General ResJdenne District to Light Industrial District, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Nheeler offering the follonlng for its second reading and final ~doption: (x13121) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning, (For.full text of Ordinance, see Ordinance Book No, 22, Page 228,) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Rr. Davies and adopted by the following vote: AYES: Council numbers Davies, Decker. Dillard, Pickett, Webber; Mheeler, and the President, Rr, Young ............ NAYS: None ..... ; .............. £-0. CITY PROPERTy: Council at its meeting of July 8, 1957, having directed the preparation of an Ordinance providing for the acceptance of the bid of Days Construction Company, Xncorpovated* Salem, Virginia, in the amount of for the erection of an office building and narehoase on the city*s property on the north side of Salem Avenue; S. W.. west of Third Street, Mr. Decker offered the following emergency Ordinance: (n13131) AN ORDXNANCE providing for the construction of an office building and warehouse on certain property of the City located on the north side of Salem Avenue, S~ Mo, between 3rd Street and nth Street; awarding a contract to Days Construction Company; Incorporated, for the construction of the same and providing for the execution of said contract; and prorldlnO for an emergency. ' (Forfull text of Ordinance, see Ordinance Book No. 22, Page Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by,the following vote: AYES: Council members Davies. Decker, Dillard; Pickett, Mebbe~, Mheeler, the President, Hr, Young ......... ?, NAYS: None ............... O, Mr, Davies then offered the follomiag emergency 0rdinnnce appropriating funds rot the construction of the nnld bulldlags~ (813132) AN ORDINASCR emending the 1957 Appropriation Ordinance by appropriating to Account No, Ol - Capital 0ntlay - Street Repair the additional suu of $21,760.00 to be used for the payment of the cost of coastractiag nn office building and ua~ehouse on certain property of the City located on the north side of Salem Avenue. S, ~,o betueen 3rd Street and 5th Street; and providing rot an emergency, (For full text of Ordinance, see Ordinance Book ~o, 22. Page 233.) Mr, Davies moved the adoption of the Ordinance. The motion uaa seconded by #r, Decker and adopted by the following vote: AYES: Council members Davies. OeckeF, Dillard, Pickett, Webber, Wheeler, and the President. nfo Young .......... ?. NAYS~ None .................... O, MOTXONS AND MISCELLANEOUS BUSINESS: BOARD REMRERS: The City Clerk reported the qualification of nFS. George A. Layman as a member of the Board of Directors of the Roanoke Public Library; Mr. Robert F. Dennlngton and Dr. L. C. Dousing as members of the Roanoke City School Board; and Mr. Arthur N. Rattheus as a member of the Board of Trustees of the Employees* Retirement System. The report was ordered filed. There being no further business, Council adjourned. AT Y: 227 228 :,, ', ' * ~ ., ~ , CODNCIL~ REGULAR MEETING, ' , ~' , ~:., ~ : ''~ , .' '.": ; Moaduy,~July 22; · Vie Coaaeil'or tho'.City o! Roauohe wet ia'regular~weetiag ia the.Council Chamber ia the Municipal Buildllg,.Monday~;July~22~1957, at 2:00 o*.cloc~, P** the regular meeting hour, with the:President;*.Rr. Young, presidiug** PRESENT: Couucll members Davies, Decker, Dillard, Mebber, Mkeelex, und the President,.Mr. Young--~-~ ............... 6. ABSENT: Mrs. Pickett .......----1. ,' ' ' ~' : ': .'~ OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Raudolph G... Mhlttle, City Attorney, Mr. Marry R. Yates~ City Auditor, and Mr. J. Robert Thomas, City Clerk. ., ~:' . . . INVOCATION: The meeting was opened.with a prayer by the Reverend'Edward Zlegler, Pastor Of the Milllamsoa Road Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on Monday, July 1957, having been furnished each member of Council, upon motion of Mr. Dillard, seconded by Mr. Decker and adopted, the reading was dispensed with'and the.minutes BEARINg OF CITIZENS UPON PUBLIC MATTERS: ~ . · STREETS AND ALLEYS: A public hearing having been set for 2:00 otclock, p. July 22, 1957. in the Council Chamber~ on the request of Mr. Julian B, Martin that alley running south from Livingston Road, S. S., and extending to Gean Street, lying between Section 5, Urandin Court, Section 12A, Grandin Court Annex, and the Simms Map, be vacated, discontinued and closed, and notice of the hearing haling been published in The Roanoke Morld-Nems on July 5, 19S7, and the City Planning CommlssiouhavJng previously recommended that.the request be granted, the hearing held. Xu this connection, the City Clerk presented a report of viemers ns appointed by Council under Resolution No, 13107, advising that they have viewed the property and are unanimously of the opinion that uo inconvenience would result either to any individual or the public from vacating, discontinuing and closing the said alley. Rr~ Murray A. Stoller, Attorney for the petitioner, appeared and asked that Council grant the request of his client. No one appeared ia opposition to the request. Mr~ Davies moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first readin (a13133) AN ORDINANCE vacating, discontinuing and closing a certain mapped, but undeveloped, alley running south from Livingston Road, S. M., and extending to Gean Street; beginning 110 feet west of Gean Street, and running south approximately 145 feet parallel with Geau Street, S. M., mud thence east approximately 110 feet parallel with Livingston Road, S. M., to Gean Street; and lying between the proper~ of Julian H. Martin aud'Kathleen F. Estlll, and the property of O. R. Angle, Grace Brown Smith, John Berhley Carter, usd Susie No Carterl being that certain alley lying between Lots I and 2, Section 5, Grandia Court Map, etd Lots I end a portion of 2, SeasiDe 12A, Graadin Court.Annex Hep, tad Lot 1, Simms Rap. NHEREAS, Julian H. Martin hen heretofore filed his petition before Council ia accordance with Section 15-766 of the Code of Virginia of 1950 us amended, in which said petition Julian H. Martin requested Council to perasaeatly vacate, discontinue and close the above described alley, of the filing of mhich said petition due notice was given to the public as required by lsw~ and VHEREAS, the said application mas on June 10, 1957, referred by Council to the City Planning Commission, which studied the matter, and upon consideration of the fact that said alley has never been opened, mas of the opinion that there mas no public necessity rot It, and mas further of the opinion that the rights and privileges of the adjoining property owners mill not be destroyed by closing said alley, and said City Planning Commission recommended to the Council of the City of Roanoke, Virginia, that City Council grant the request or the petitioner that said alley be vacated, provided that in such vacating the City retain an easement for tht enisting public utility located therein; and RREREAS~ in accordance with the prayer of said petition viemers mere appointed by Council, by Resolution No. 13107. adopted the 24th day cf June, 1957, to view the property and report in mritlng mhether in their opinion any inconven- ience would result from permanently vacating, discontinuing and closing the herein- after described alley; and RREREAS, It appears from the report in writing filed by said viewers in this proceeding, filed with the City Clerk and duly sworn to, on the 16th day of July, 1957, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing said alley; and RHEREAS, the Council of the City of Roanoke, Virginia, did on the 22nd day of July, 1957, at 2:00 o'clock, p.m., in the Council Chamber, after due publication as required by law, hold a public hearing on the request of Julian H. Martin for the.closing of the alley running south from Livingston Road, S. N., and extending to Gean~Street; mbichaction of Council mas taken by a majority of Council's entire membership; and IfliERHAS, it further appears to Council that the said petitioner has agreed to bearand defray the costs and expenses incident to this proceeding. ' THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a. certain mapped, but undeveloped, alley ruoning south from Livingston Road,:S. M., and extending to Gean Street; beginning 110 feet mast of Gean Street, and running souse approximately 145 feet parallel with Gean Street, S. #., and thence east approximately I10 feet parallel with Livingston Road,' S. M., to Gean Street; and lyingbetween the property of Julian H. Martin and £atbleen F. Estill, and the property of O. R. Angle, Grace Brown Smith,-John Berkley Carter, and Susie N. Carter; being.that certain alley lying between Lots I and 2, Section~5,'Graudin Court Map, and Lotsl and a portion of 2, Sectlon~12A, Grandin Court Annex Map, and Lot 1, Simms Map, be, and the same .is hereby permanently vacated, discontinued 229 23.0 end elosedl and-that nil right, title nnd Interest,of the City of Roenohe end the public in and to said alley described herein are hereby released insofar as the Council is empowered so to do, the City of Ronnohee however, reserving unto itself public easement im the said alley rot existing sewer lines end water males end the right of ingress and egress for the maintenance and repair of any exls~mg semer lines and water mails, HEIT FURTHER ORDAI~D lhut the City Engineer be, aid he is hereby directed to murk 'Permanently Vacated, Discontinued and Closed' the said mapped, bat undeveloped alley, on all saps and plats in the office of the City Engineer of the City o! Ronnohe, on mhich said maps end plats said alley is shown, referring to tho boob and page of Resolutions and Ordinances of the Council of the City of Ronnoke wherein this Ordinance shall be spread, DE IT FURTIIER ORDAINED that the Clerh of this Council deliver to the Clerh of the Hustings Court of the City of Roanoke, Virginia. an attested copy of this Ordinance, in order that said Clerh of the Bustings Court may mahe proper notation all maps or plats recorded in his said office upon which are shown the said alley herein permanently vacated, discontinued and closed, as provided by law. The motion was seconded by Ur. Decker and adopted by the following vote: AYES: Council members Davies, Decher, Dillard, Mebber, Hheeler, and the Presldent,~Ur. Young ................. 6. NAYS: None .................. O. (Mrs. Pickett absent) PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUBLIC MELFAR£: The City Manager presented a proposed fiscal year budget for the Department of Public Uelfare beginning July 1, 1957, and ending June 30, lgS6, as tentatively approved by the Department of Melfare and Institutions of the Commonwealth of Virginia, which budget provides for various increases in personal services and categorical relief. After considerable discussion of the uniter, Mr. Webber moved to refer the budget back to the City Manager for further study, deletion of salary increases and submission of a clarifying report. The motion was seconded by Mr. Decker and adopted. BUDGET-HEALTH DEPARTMENT: The City Manager presented a request for a transfer of $300.00 from Wages to Salary, Extra Employees in the Realth Department of the 1957 budget in order to provide for payment of a temporary employee replacing one of the regular employees who is unable to perform her services becans* Of an accident. Mr. Wheeler moved to ,concur in the request of the City Manager and offered the following emergency .Ordinance: (a13134) AH ORDINANCE to amend and reordain Section r40, *Health Department of the 1957 Appropriation Ordinance, and providing for an emergency. (For fmll text of Ordinance, see Ordinance Book No. 22, Page 234.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: :Cotocll members Davies, Decker, Dillard, Webber, Mheeler, and the Presldenttlr.~Voeng-.-~ ........ ~-~--6., RAYS: 'Rome ................ .-0., (Urs. Pichett absent) ROILDIRG CODE: The City Manager presented n communication trot the. Duildin Connissioner, requesting that Section 160 Chapter 2, Title XlY, of The Code.of the Clt~ or Roanoke, Virginia, 1956, be amended by adding thereto provision rot permit fees rot the installation of liquefied petroleum gas, the City Manager recommending concurrence. Hr. Decher moved that Council concur in the request and that the following Ordinance be placed upon its first reading: (r13135) AR ORDInAnCE,to awend and reordain Sec. 16. Sane--Fees. of Chapter 2..Title XIV. of The Code of the City=of Roanoke, Virginia, 1956. DE IT ORDAINED by the Council of the City of Roanoke that Sec. 16. Same-- Fees. of Chapter 2. Title XIV. of The Code of the City of Roanoke, Virginia. 19S6, be, and the same is hereby..amended and reordalsed so as to read as follows, viz.: Sec. 16. Sane--Fees. ,(a) For.a pernit for the installation, moving or replacement of a tank for the storage of flammable liquids, the fee shall be according to the folloming schedule: CapacLty of Storage Tank Fee For up to and including 10,000 gallons .......... $2.00 For 10,001 g~llons, to and including 20,000 gallons .... 3.00 For 20,001 gallons and above ............... 5.00 (b) For a permit for the installation of liquefied petroleum gas, the fee shall be according to the following schedule: Storage Capacity Fee For Up to and including 300 lbs.'. , .... ~ . . .... $1.00 FOr 301 lbs. to and including 500 lbs ........... 2.00 For 501 lbs. to'and including 1000 lbs ........... 3.00 For 1001 lbs. and above .................. 5.00 (NO fee required for replacement of storage tanks not exceeding 500 lbs. capacity) The motion was seconded by Mr. Wheeler and'adopted by the following vote: AYES: Council members Davies, Decker, Dillard, Rebber, Rbeeler. and the President, Hr. Young ................. 6. NAYS: None ......... ~--~ ..... O. (firs* Pickett absent) POLICE DEPARTRENT: The City Ranager reported the employment of George Alt01 Wills as a patrolman in the Police Department. effective July 16. 1957. The report was ordered filed. REPORTS OF CORfilTYEES: NONE. UNFINISHED BUSINESS: STREETS AND ALLEYS: Council at its meeting of July O. 19S7. having referre( to the City Planning Commission for study and recommendation the request of Rayfair Company, Incorporated, et al, that Curtis Avenue. N. W., between Uazelridge Road an( Florist Road, be vacated, discontinued and closed, the City Planning Commission submitted its report, recommending that the request of the petitioners be granted, stating that in its opinion there is no need for the portion of Curtis Avenue requested to be closed since it is a paper street which has never been opened and other streets have been opened to tahe its place. 23.1. 232 Sr,.Nebber moved to held n public heoriog in the matter at 2~00 p. m., August 19, 1957, in the Council Chamber In the Snnlclpol Bulldlng~.nnd that the attorney for the petitioners prepare t proper notice of sold hearing, have it approved by the City Attorney nad present it to the City Cle~h rot poblicotion. The motion mas seconded by Mr. Sheeler Dad.odD,ted. CONSIDERATION OF CLAIHSt NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STORm DRAINS-CURS A~D GUTTER: Ordinance No. 1~130, licensing P. L. Sech to maintain on asphalt reinforcement behind the curb parallel to his premises known ns Lots D-I and H-2, according to the Leoao E. and Stanley Harris Nap, having previously been before~Council for its first reading, read and laid over, was again before the body,-Sro Davies offering the follouing for its second reading and final adoption: (a13130) ,AN ORDINANCE licensing P. L. Hack to maintain an asphalt reinforcement behind the curb parallel to his premises knomn as Lots S-I and according to the Leona E. and Stanley Harris Hap. (For full text of Ordinance, see Ordinance Nook No. 22, Page 233.) DF. Davies no.ed the adoption of the Ordinance. The motion mas seconded by Mro Decker and adopted by the follouing vote: AYES: Council members Davies, Decker, Dillard, Webber, Nheeler, and the President, Sr. Young ................. 6. NAYS: None .................. O, (Rrs. Pickett absent) EASESENTS-STOSS DRAINS: Council at its meeting of July 15, 1957, having directed the preparation of an Ordinance providing for the acceptance from Evergreee Development Company, Incorporated, of an easementfa~ a 6-inch storm drain from the 1600 block of Bluemont Avenue. S. W., to connect to the said corporation's drainage system, Mr. Wheeler offered the folloming emergency Ordinance: .(#13135) AN ORDINANCE authoriaing the acceptance of a drainage easement from Evergreen DeveloPment Company, Incorporated, to the City; and providing for an (For full text of Ordinance, see OFdlnance Book No. 22, Page 235.) Hr. WheeleF no.ed the adoption of the Ordinance. The motion was seconded by Hr. Davies and adopted by the following vote: AYES: Council members Davies, Decker, Dillard, #ebber and Wheeler ....... NAYS: The President, Sr. Young ......... 1. (Sro. Pickett absent) mOTIONS AND mISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED COURCIL~ REGULAR Monday, July The Council of the City of Roanoke met lu regular ueetiug iu the Council Chauber lB the Municipal Building, monday, July 29, 1957. et 2:00 ,'clock, p. the regular meeting hour, with abe President, Hr, Young, presiding. PRESENTs Council members Decker, Dillard, Pickett, Webber, Wheeler. and the President, Br. Y,DUg ...................... ABSENT: Ir. Davies ................ 1. OFFICERS PRESENT: Hr. Arthur $. Owens, City Run,ger, Hr. Randolph G. City Attorney, Hr. Hurry R. Ye,es. City Auditor, end Mr. J. Robert Th,nas, City Clerk. INVOCATION: The seating wes opened with a prayer by Dr. fl. B. Lipscomb, Jr. Pastor of Raleigh Court Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, July 22, 1957, having been furnished each member of Council. upon motion of Mr. Wheeler, seconded by Mr. Decker end adopted, the reading nas dispensed with and the minutes approved as recorded. REA~INO OF CITIZENS UPON PDBLlC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: PURCRASE OF PROPERTY-STREETS AND ALLEYS: Yhe City Clerk presented a com~nuication from the City Plonning Commission, recommending that the city acquire a ~S-foot strip of land along the. northern portion of Lots "A* nod *B*, Block 1, Churck Court Map~ uhich said property projects iuto Mhitney Avenne, N. M., west of Hubert Road, for the purpose of straighteniug thcsontherly side of said Rhftney Avenue. Me. Mebber moved to refer the matter to the City Manager to determine the cost of acquiring the said property and the widening of Rhltncy Avenue. The motion was secouded by Mr. Dillard and adopted. ZONING: The City Clerk presented a communication fromRessrs. Sol; Harry and Lake Rosenberg, requesting that.their property located onthe-west side of Thirty-first Street, N. M., at the intersection of Melrose Avenue,'being Lots 1 and 2, Block 1, Angell Addition, be rezoned from General Residence District to Business District. · ....... Mrs, Pickett moved to refer the request to the City Planning Commission for study and recommendation. The motion-was seconded by Mr. Dillard and adopted. CHESAPEAKE AND POTOMAC TELEPHONE COMPANY: The City Clerk presented-a communication from the City Attorney, advising that he has received notice from The Chesapeake and-Potomac YelephoRe Company of Virginia of its pending applica- tion for a rate increase before the State Corporation Commission and that.u hearing will be held in the premises before the Commission in its courtroom at Richmond, Virginia, ut.lO:O0 otclock, a.m., October 15, 16 and IT, 1957, the City Attorney Inquiring whether Council desires his office to..take any action. 233 234 Hr. i~rren AT Staosbury, Xauager of the local office of the telephone COBpOBy, cpp~ored before Couucil cad fluted khok he lo available for discusciou of the metier or ko answer uny quesklous which Cooucil moy have iR eouuectiou theremlth, Hr, Salisbury stating thut he bas furmisbed each member of Council · copy of the brief in;the erie usfiled with the State Corporutiou Commissiou, Hoyor To!ag stored that he tls0 his been served with I notice by the Chesapeake and Po~oBoc Telephone Couposy of Its peudisg upplicntiou, Hr. Dill·rd moved to refer the metier to I committee conposed of the City MOBOger, the City Attorney and the City Auditor for study and recommesdstio·. The motioo wis lost for lock of u second, Hr. Dillard the· moved that Council advise the S~ate Corpor·tiou Commission that the city is opposed to the rate increase requested by the Chesapeahe and Potomac TelephoseCompany. The motion was lost for Inch of a second. RFc Dillard the· moved to direct the City Clerh to secure from the League of Virginia Huniclpnlitles its reaction to the rate Increase for the Information of Council. The motio· was lost for lack of a second. Hr. Mebber moved to take under advisement the commu·icatlon from the City Attorney and that the said comnunlcation be filed in the office of the City Clerk. The motion was seconded by Mr. Dillard and adopted. REPORTS OF OFFXCERS: PURCHASE OF PROPERTY-HOUSING°LANDMARKS: Council at its meeting of July 1, 1957, having received from the City Planning Commission u recommendation that the city acquire Ricoh #C#, Section 1, Commonwealth Redevelopment Project, located on the west side of Mllliauson Road and Courtland Road, N. E., betmee· Nadiso· Avenae and Ora·ge Avenue, and in additio· thereto, the property known as ~Magnolia' and adJacent properties which are bounded on the south by U. S. Route 460, on the west by Courtland Road, on the ·orth.by Old Willianson Road and on the east by Silllomson Road. and having referred the recommendation to the City Manager for conference with the owners of the properties co·ocr·ed to deteruine the cost of acquiring same, the City Manager submitted a report, advisl·g that he has conferred with the Roanoke Redevelopment and Mousing Authority and that Block *C' be purchased by the city for $8,12M.00, the Redevelopme·t and Housing Authority advising that It will. upon purchase of the property by the city. move the three hoeses thereo· to other locations, the City Manager pointing oat that of the lots in the said block has already been committed for transfer to the city. without cost. for location of the old post office in northeast, and that the Authority has advised him there is no need for immediate action in the matter. therefore. Council. if it so desires, cnn consider the question along with its 1959 budget. Mr~ Whee~er moved t? defer action in t~e matter and to table the report of the City Manager for consideration along with the 1955 budget; also. to invite the attention of the City Manager to the fact that Cosncil*s prior directive called rot c'report on the property known os *Mogaolin" nod adjacent properties, The IOtiOl was seconded by Mr, Decker Rod adopted. STORM DRAINS: Council et lea meeting or July 15, 1957, having referred to the City Manager for studr and recommendation n communication from Hrs. H. C, Carter, Jr** 3124 Fleetmood Avelueo S, M** complaining of storm mater conditions in her bloch, the City Nauager reported thee he has surveyed the area which lies in the county, consulted with residents or the area and county officials and that ir onylhlng could have been accomplished to mitigate the condition he would have done so sometime ago, that a portion of the bloch, especially the home of Hrs. CoFfer, lies in a mater course, and while he is sympathetic with the residents, he cnn offer no solution to the problem. Hr. #ebber moved to refer the matter back to the City Nanoger for further study and consultation with county officials math a view of eliminating the condition and to r~quest Mrs. Carter to take the matter up math the Board of Supervisors of Roanoke County. The motion was seconded by Hr. Bheeler and adopted. POLXCE DEPARTMENT: The City Manager reported that at various times in the past the City of Roanoke has exchanged trained police officers with various cities and connties for undercover work which in his opinion is beyond the authority of the City Manager and requested that Council adopt a Resolution authorizing the City Manoger, under certain conditions, to use the temporary services of trained police personnel from other police departments and to make available the services of the city's police officers to other localities. Mr. Mebber moved to concur In the request of the City BanaRer and offered the following Besolntton: (u13137} A RESOLUTION relating to the ~peration of the police department. {For full text of Resolution, see Resolution Book No. MR, Page R38.} Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the followinR vote: AYES:~Council members Decker, Pickett, Webber, Nheeler, and the President, Mr. Young ....................... ~5. NAYS: Mr. Dillard ........ 1. (Mr. Davies absent) BUDGET-CITY PROPERTY: The City Manager requested an appropriation of $57.72 to provide for payment of the cost of advertising for bids for the construction of an office building and warehouse on Salem Avenue. S. W. Br. Wheeler moved to concur in the request of the City Manager and offered the following emergency Ordinance: (a13138) AN ORDINANCE to amend and reordain Section n144, 'Departmental Equipment and Improvements', of the 19S?.Approprlation Ordinance, and providing (For full text of Ordinance,' seeOrdinance Book No. 22, Page 239.) Br..Whqeler moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: 235 236 ~AYESz Couecil.metbere Decker, Dillard, Plekett, Mebber, Mheeler, lid the President, Mr. Young ............. ~. 6 ...... .MATEK-DEPAETMEHT:..CouucII ut Its meetiug of July 15,1957, bavlag referred to the Clt7 Manager for stmd7 end recommendation a petition from resideltS, of the 1900 block or Rellevflle Read, S. #.,.requesting that.action be taken to. eliminate the low water pressure in their homes, the City Manager. reported that he has caused a sandy of the situation to be made b7 the Manager of tke Mater Department and submitted a report of the Manager of the Meter Department, advising.that there are tug solutions to the problem; one, to increase the consumer% services from the meter to the house from l/2-inch to 3/4-inch end; tug, raising the pressure in the 6-inch main in the 10GO and 1900 blocks of Delleville Road mhich can be accomplished by opening the valve at the connection of the said main.to the 0-Inch main in Rrandoa Avenue, $. M,, and closing the valve at the othereud of the G-inch main serving the properties, the Manager Of the Water Department pointing out that in order to increase the pressure in the main it mill be necessary for Council, to find, in its Judgment, that to do so mould provide better and more economical service to the consumers, after which the inter Oepartment mould have to notify the consumers on the line of its intent to raise the pressure of the main serving them and then make the necessary adjustments after a reasonable lapse of time. Mr. R. £. [osier, a resident.of Belleville Road, appeared before Council and stated that in his opinion and the opinion of his neighbors they should he given the benefit of increased mater pressure since the facilities to do so are available at no cost to the city. The City Manager pointed out that to increase the pressure in the main in Delleville Road would probably cause trouble to the pipes in the homes of the consumers by creating a leaking condition and could possibly bring about some damage, to mbich Mr. Kesler replied that the residents of the area could certainly replace washers and tighten up pipe joints which is more desirable than being without water pressure sufficient to permit drawing water on the second floor of their homes. Mr. Mheeler moved to direct the City Manager to cause the water pressure to be increased in the 1800 and 1900 blocks of Bellevllle Road, S. g., after giving the consumerson the said line a 3D-day notice. The motion mas seconded by Hr. Decker and adopted. SIDEMALK, CURB AJ~D ~D?7~R: ~he City Manager reqnested that the contract for the~construction of sidemalk, curb and gutter between the City of Roanoke and the Rartman Construction Company and Mr. A. D. Alford be amended by adding thereto $2,500.00 for additional curb andgutter construction work during the current year. NFo Webber moved to direct the City Attorney to prepare the necessary papers to provide for increasing the contract as requested by the City Manager. The motion was seconded by Mr. iheeler end adopted. . PARKS Am PLAYGROU~I~S: The City Manager presented a report from the Direc- tor of Parks and Recreation, advising that the elm shade trees in the city are rapidly dying from Dutch elm disease, it being pointed out that once aa elm tree is infected with this disease it is doomed, and requesting that Council be asked to appropriate $38,500.00 for wages, equipment and supplies rot the spraying and treatment or the trees. After some discussion, Mrs. Pichett moved to table the matter rot one week. The motion was secouded by Mr. Nheeler amd adopted, REPORTS OF CO#MITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 13133, vacating, discontinuing and closing a certain mopped, but undeveloped, alley running south from Livingston Road, S. W., end extending to Gean Street. having previously been before Council for its first reading, read and lald~over, mas again before the body, Hr. DecRer offering the following for its second reading and final adoption: (a13133) AN ORDINANCE vacating, discontinuing and closing a certain mapped, but undeveloped, alley running south from Livingston Road, S. U,, and extending to Gean Street; beginning 110 feet west of Gean Street, and rnnning south approximately 145 feet parallel with Gean Street, S. W., and thence east approximately 110 feet parallel with Livingston Road, S. M., to 6ean Street; and lying between the property of Julian B. Wartin and £athleen F. Estill, and the property OF O. R. Angle, Grace Brown Smith, John Berkley Carter. and Susie N. Carter; being that certain alley lying between Lots I and 2, Section 5, Grandam Court Map, and Lots I and a portion of 2, Section 12A, Grandin Court Annex Map, and Lot 1, Simms Map. (For full text of Ordinance, see Ordinance Book No. 22° Page 235.) Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Hr. Young ......................... NAYS: None ........................... O. (Mr. Davies absent) BUILDING CODE: Ordinance No. 13135, establishing a schedule of fees for the installation of liquefied petroleum gas, having previously been before Council for its first reading, read and laid over. mas again before the body, Mr. Decher offering the following for its second reading and final adoption: (al313S) AN ORDINANCE to amend and reordain Sec. 16. Same - Fees. of Chapter 2, Title XIV, of The Code of the City of Roanoke, Virginia, (For full text of Ordinance. see Ordinance Book No. 22, Page 23T.) Mr. Decker moved the adoption of the Ordinance, The motion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett. Webber. Nheeler. and the President, Hr. Young ................... NAYS: None ..................... O. (Hr. Davies absent) 237 238 BONDS-SCBOOLS: Council ut its meeting of April 4, 1955, keying directed the City Attorney to prepare tke necessary Ordluuuce providing for un advance of $350,000.00 ~o the Bounohe City School Board to be used for school improvement purposes, ulth tke uuderstondlng that this nmouut ia to be repaid iron funds derived from the uext school bond issue, Hr. Ncbber offered the folloMing emergeucl Ordinance: (n13139) AN ORDINANCE providing for the udvnnce of $350,000.00 to the Rounohe City School Boord, to be used for school improvement purposes, mith the nnderstnading that such aBount shall be repaid from the funds derived from the next bold issue for school purposes; and providing for un emergencT. (For full text of Ordinance. see Ordinunce Boob No. 22. Page 239.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded b: MFS. Pichett and adopted by the following vote: AYES: ~ouncil members Decker, Pickett° Mebber. Wheeler. and the President, Mr. Young .................. 5. NAYS: Mr. Dillard--i. (Mr. Uavies absent) MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business. Conncil adJouraed. APPROVED COUNCIL, REGULAR MEETING, Motdny, August SO lgS?. The Council of the City of Roanoke met in regular meeting in the Council Chamber iR the Municipal Building, Monday, August 5, 19S7, at 2:00 o'clock, p. m** the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young ............................ ABSENT: Mr. Davies ...................... 1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. IHVOCAYION: The meeting mas opened with a prayer by the Reverend P. Cosby, III. Pastor of the Northmiester Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. July 29, lgS?, having been furnished each member of Council, upon motion of Mr. Decker, seconded by Mr. Wheeler and adopted, the reading was dispensed with and the minutes approved as recorded. COUNCIL: The Mayor reported that Mr. Davies is recovering nicely from leg injury accidentally received. HEARING OF CITIZENS UPON PUBLIC MA1'fERS: NONE. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: Yhe CityClerk presented a communication from the Appalachia ElectricPower.~ompany, reporting the installation of one 2500 lumen street light in the city during the month of July, 1957. The communication was ordered filed. TRAFFIC: The City Clerk presented a petition from fifty-eight employees of the General Offices of the Norfolk and Western Railway Company, requesting that parking restrictions on the north side of the 100 block of London Avenue, N. be removed. ~ Mr. Webber.moved to refer the matter to the City Manager for consideration and report. The motion was seconded by Mr. Mheeler and adopted. REPORTS OF OFFICERS: BUDGET-PARKS AND PLAYGROUNDS: The City Manager requested a transfer of $75.00 from Supplies lathe Parks and Recreational Areas account to the iDepartmental Equipment and Improvements account of the 1957 budget to cover additional cost for the construction of toilets in the parks. Mrs. Pickett moved to concur in the request of the City Manager and offeredthe following emergency Ordinance: (~laldO) AN ORDINANCE to amend and reordain Section Ulll, *Parks and Recreational Areas** and Section n144, WDepartmental Equipment and Improvements** of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text or,Ordinance, seeOrdinance Book No. 22, Page 240.) 239 240 Mrs, Pickett moved the ·doptlon of the Ordin·nce. Yke mo:icl ems seconded by Hr. eheeler and adopted by the following vote: AYES: Council members Decker, Oillard, Pickett, Mebber, Mheeler, and the President, Mr. Young ..................... 6. NAYS: NoDe ....................... O. (Mr. Davies absent) FIRK DEPARTMENT: The City Man·Mcr requested ·uthority for the payment of the salary of Mr. Ckerles,A. P·xton, · number c! the Fire Department, for a period from Hatch 6, 1957, through March 31, 1957, during which time Mr. Paxton nas absent from work because of injuries received Jo the line of duty beyond the sixty day period previously provided for. Ir, Dillard moved to concur in the request of the City Manager and offered the following Resolution: (x13141) A RESOLDTION authorizing add directing that Charles A. Paxton, 8 member of the Fire Department. be paid his regular salary for the time absent from dun7 in excess of the sixty da~s provided for b7 Resolution No. 4748, adopted on the 28th day of February, 1936, account of personal injury received in line of duty. (For fall text of NesolntJon. see Resolution Dock No. 22. Page 240.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council menbersDecker, Dillard. Pickett. #ebber. Mheeler. and the President, Ur. ~oong ..................... 6. NAYS: None ....................... O. (Mr. Davies absent) RADIOS-PARRS AND PLAYGROUNDS: The City Manager recommended that Mandy Motor Lines be permitted to lense space in the old rndio building atop Mill Mountain in the raar of the star for the installation of a radio transmitter-receiver on a temporary basis at the rate of $20.00 per month. Mr. Mebber moved to concur In the recommendation of the City Manager and to direct the City Attorney to prepare the necessary Ordinance providing therefor. The motion was seconded by Mr. Mheeler and adopted. pURCHASE OF PROPERTY-TRAFFXC-STREETS AND ALLEYS: The City Manager reported that considerable progress has been made in preparing plans and estimates for improvements to the intersection of Brandon Avenue and gain Street, S. M., for which fends were carried in the 1957 budget, and submitted tmo plats showing the proposed layout of the intersection and the property to be acquired, the City Manager advising that he is now in the process of negotiating for the acquisition of the required properties. The report was ordered filed. APPOINTMENTS-MATER DEPAR?MENT: The City Manager reported that Mr. Thomas M. Dorm has been appointed as Acting Manager of the Mater Department, effective August 1, 1957. The report was ordered filed. REPORTS: The.City Manager submitted · report of the Department of Public Melfare for the month of June, 1957, and reported other departmental reports on file in his office. -The report mas ordered rJled.~ .. REFORTS OF COMMITTEES: ~ATER DEPARTHEITF: Council ut its meeting of November 16, 19~3. buying referred to o committee consisting of #essrs. Arthur S. Owens, Randolph G. ~hlttle and Barry R. Yules for study and recommendation an offer of Mr. ~. ~. £ogleman to sell his mater system to the city° the committee submitted its report, recommend- ing purchase of the system for $20,000.00. Hr. Dillard moved to direct the City Attorney to prepare the proper Ordinance providing for purchase of the water system as recommended.by the committee. The motion mas seconded by Mr. ~heeler and adopted. MAilER FIELD: Council at its meeting of July 1, 1957, having appointed a committee consisting of Messrs. Roy L. Mebber, Chairman, Arthur S. Owens and Randolph G. Nhittle to study and submit its recommendation on the request of the United States Internal Revenue Service that the city proceed with the sole of property of Roanohe Baseball, Incorporated, or release its liens against said property in order that s~ld Service may force the lien of the United States Government against Roanoke Baseball, Incorporated, the committee submitted its report, advising that the committee has met with attorneys for the officers of the corporation and that Mr. Richard F. Penceo representing certain officers of the corporation, has proposed that the city pay the federal 9overnmentts lien in the amount of $10,61g.4q and tale au assignment thereof and proceed to sell the personal property of the corporation and.apply the proceeds on the satisfaction of the lien so assigned, the committee reporting that it does not feel.that the city should, if, indeed, it legally could, expend the taxpayers* money for the purpose requested, and recommending that the City Attorney be directed to release the Judgments of the city against Roanohe Baseball, Incorporated, for unpaid rent in the amount of $974.48 and for unpaid admission tax in the amount of $569.65. Mr. Richard F. Pence, Attorney for Messrs. J. Clarke Rray and J. M. Darby, who mere'President and Treasurer, respectively, of.Roanoke Baseball, Incorporated, appeared before Council andrequested that before the body takes any action on the ~eport of the committee a ~earing;be held th*reDa at which.he and his clients and other interested parties might present.their,arguments in the matter. -Mr. Dillard moved to,concur in the request of Mr. Pence and to table the qaestion until the regular meeting of September B, 1q57. The motion was seconded by Mrs. Pickett and adopted. UNFINISHED BUSINESS: , . PARKS AND PLAYGROUNDS: A report of the City Manager concerning Dutch elm disease infecting elmshade trees .in the city having beenlaid over from~the previous meeting of Council, mas again before the body Mr. Webber stated that he has made a considerable study of this matter and advised Council that once trees are infected with Dutch elm disease they are doomed and should be'destroyed by removal and burning or burying; stating further that tbe~melght of opinion among experts is that treatment of disease infected trees accomplishes little, if any, good. 241 2'42 At the request of Mr. Mebber, the City Attorney advised that state law declares diseased elm trees u public nuisance and requires that they be cut and destroyed or treated in a manner as suggested by the State Commissioner of Agriculture. Mr. Nebber stated that he has been advised that diseased elm trees which are cut down by the city are placed on the city dump where they are a menace to *the trees in the city due to infection being carried by the wind, birds, etc. After considerable discussion of the subJect, Mr. ~ebber moved to refer the matter back to the City Manager to look into all phases of the pr*blew sad submit to Council a recommended prograw for control or eradication of the Dutch elm disease. The motion was seconded by Mr. Mheeler and adopted. CONSIDERATION OF CLAIIL~: NONE. II~IRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PENSIONS: Council at its meeting of July 1, 1957, having directed the City Attorney to prepare the proper Ordinance providing for an amendment to the Employees' Retirement System as recommended by a committee, Mr. Mebber moved that the following Ordinance be placed upon its first reading: (u13142) AN ORDINANCE to amend Chapter 1. of Title III., Pensions and Retirement., of The Code of the City of Roanoke, 1955, by assigning subsection numbers to the r~spective definitions contained in Sec. 1. and by modifying the definition of *Earnable compensation' as therein contained; by assigning subsection (9) 'Return of Contributions.' of Sec. 7. tDenefits.' of said chapter a new number, viz.: '(9) a.w. and by adding thereto two new subsections, viz.: #(9) b.' and *(9) c.#; by deleting 'Option 1.* of subsection (13) of said Sec. and redeslgnating 'Option 2., 3. and 4.' in said last-mentioned subsection as 'Option 1., 2. and3.', respectively; by adding a new subsection, viz.: subsection *(15)m to said Sec. 7.; and by assigning a new designation to Ordinance No. 12923, adopted on the 3rd day of December, 1956, said new designation being subsection "(16)* of said Sec. 7. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Sec. 1. of Chapter 1. of Title III., Pensions and Retirement., of The Code of the City of Roanoke, 1956, be, and said section is hereby, amended and reordained so as to read and provide as follows, vlz.: SEC. 1. DEFINITIONS. The following words and phrases as used in this chapter, nnless a different meaning is plainly required by the context, shall have the following meanings: (1) Accumulated contributions shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings acconnt, together with regular interest thereon, as provided in section 8, subsection (1) of this chapter. (2) Actuarial equivalent shall mean a benefit of equal value when computed at regular interest on the basis of the tables last adopted by the board. (3) Annuity shall mean annual payments for life derived from the accumulated contributions of a member. (4) Annuity reserve shall mean the present value of all payments.~q bq m~de on e~eouut o~an~onauJty, or benefit fa lieu of au annuity, computed at regular interest on t~e basis or the tables last adopted by the board. (5) Averuee final compensation shall mean the average annual earnable compensation of a member during his last five years or creditable service, or if he has hud less than five years of creditable serrlCeo then his average annual enrnable compensation during his total years of creditable service. (6) Beneficiary shall mean uny person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by the system. (?} Board shall mean the board of trustees of the system provided 'lB section 5 of'this chapter to administer the system. (fl) Credit'able service shall Bean membership service plus prior service. (9) Earnable compensation shall mean all usual compensation, pay or salary, in mbatever manner paid, limited to six thousand,dollars per annum la any year prior to the day of 1957, except as provided in section 7, subsection (15); provided, however, that any assistant, deputy or employee in a constitutional office, presently a member of the system, may. at his option, continue his nembershlp on the basis that hfs earnable compensation shall be only that portion of hfs salary that is paid by the city. In cases where compensation is not all paid in money, the board shall fix the value of that part of the compensation not paid in money. (10) Euployee shall Beau'any officer or employee of the city. whether he devotes his whole time or only a part of his time to such employment, and shall include, but shall not be limited to police and firemen employed on or after the first day of January, 1946; officials selected by city council or appointed by the city manager; members of any permanent board of real-estate assessors and every person employed in connection with the assessment of real estate; every municipal court Judge and judge of the Juvenile and domestic relations court; every clerk of said courts and every person employed in the service thereof; every officer and other person enployed by the school board of the city who is not eligible for member- ship in the state employees' retirement system of Virginia (provided, however, that secretaries to the s~perlntendent of schools, in service prior to the effective date of Chapter 325 of the Acts of. the Ceneral Assembly of Virginia of 1942, may becone m~mbers of this system if, prior to September 15, 1950, they elect to later retire under this system and not that of the state, and otherwise comply with the provisions of this chapter; and every other person employed In the service of the city; except the medical examiners of the city and judges of the courts of record of the city; provided, homever, that constitutional officers elected by the people of the city, assistants, deputies and employees in said constitutional offices, and employees of the Judges of the courts of record, may, at their election, be classified as an *employee" and contribute to and share in the benefits of the system to the extent that their salary is paid by the city and state. The sergeant of the city and all deputies and employees of his constitutional office having unanimously voted not to' be permitted membership in this system; anything in this chapter ' to the contrary, notwithstanding, said sergeant and all deputies and employees of his office* and their Successors and all subsequent employees in said office, are hereby excluded from membership in this system. In all cases of doubt the board shall determine mbo Is an "employee" within the meaning of this chapter, subject, however, to review by council.. (11) Medical board sba'Il mean the board of physicians provided for. in section 5, subsection (12). of this chapter, (12) Member shall mean any person incloded in the member- ship of the system as provided in section 3 of this chapter. (15) Membership ~ervice shall mean service as a member for which credit is allowable as provided to section 4, subsection ~1). of this chapter. (14) Pen~lQ~ shall mean annual payments for life derived from money provided by the city. (15) Pension reserve shall mean the present value of all payments to be made on account of a pension, or benefit in lieu of a pension, computed at regular interest on the basis of the tables last adopted by the board. 243 244 (16) Prior service shall mess service recdered prior to becomicg:a~member for.mhlch~credit~ls allowable'is.provided ie scoriae 4, subsections (2), (3) aid (5) of this chepter. (17) Reoular ioteTest shall mean Interest at the rates estebllshed~from time,to time by the board as p~ovided la sectioe~O, subsection (2), paragraph (1), of this chapter. (18) Retirement allowance shall moan the sum of the annuity Bad,the pension. All retirement allowances shall.be payable in monthly installments continuing to the last payment prior to death.: .. ~. .- ~ · (19} Service shall mean service as an employee paid for by the city and the state. (20) System shall mean the employees* retirement system of the city, as defined in section 2 of this chapter. 2. That subsection (9) *Return of contributions.* of Sec. 7. *Benefits.* of said chapter be, and said subsection (9) is hereby, renumbered =(9) a.' 3. That two new subsections, viz.: subsections '(9) b.'. and '(9) c.' be, and such new subsections are hereby, added to said Sec..?.; said new subsections reading and providing, respectively, as fait*ms: (9) b. Upon the receipt of proofs, satisfactory to the retirement allowance, provided he has not elected an optional allowance which has become effective, there shall be paid to such person, if any, as he shall have nominated by written designation duly acknowledged and filed with the Board, other- received. (9) c.. Upon the receipt of proofs, satisfactory to the Board, of the d~ath of the last to die of a retired member and the person designated under an option if an optional allomance has been elected and become effective, there shall be paid to such person, if living, as the member shall have nominated by written designation duly acknowledged and filed with the Board, otherwise to the estate of the. r*etired member, any 4. That *Option 1.* of subsection (13) of said Sec. 7. be, and the same is hereby, repealed; and that *Option 2., 3. and 4.* in said last=mentioned section be, and said Options are hereby, redesignated as *Option 1., 2. and 3.** respectively. 5. That a new subsection, viz.: hereby, added to said Sec. 7.; said new subsection reading and providing as follows: (15) Benefits on full compensation. Each present member whose namable compensation, on the day of 1957, exceeded six thousand dollars per annum may continue to contribute to the system and to share in its benefits on the same basis as if such six thousand dollars maximum earnuble compensation limitation had not been removed; or he may, at his election, share in all benefits of the system on the basis of his full namable compensation, provided be shall, within five years from the aforesaid day of 1957, pay in equal semimonthly installments, or sooner, a sum equal to the difference between his accumulated contri- bution as of the last-mentioned date and what bis accumulated contributio~ would have been had the ordinance never contained a maximum namable compensation limitation, with interest on said difference ut four per cent compounded annually, The board may require any such member, electing to share in all benefits of the system on the basis of full namable cam= pensation, to pay all of the residne of such difference with interest before receiving any retirement all*mason provided for in the ordinance; or said board may, at the request of any such beneficiary and in its discretion, permit such residue to be paid through periodic deductions from tbe retirement allomance on a fair. basis thatis protective of the system. . 6. That a,nem designation be, and is hereby, assigned to Ordinance 12923, adopted on the 3rd day of December, 1956, said new designation being sub- section '(16)' of said 5eD. 7. The motion uss seconded by Rt. lheeler and adopted by the following vote: ,- · , AYES~ Council Bombers,Decker, Pickett° Robber, Nheeler, and the President, Mr. Young ................. . .... 5.. , RAYS: Mr. Dillard ...... l. (Hr. Davies absent) . : SIDENAL£, CURB AND GUTTER: Council at its meeting of July 29j 19570 having directed the preparation of a Resolution to amend the contract between the City of Roanoke and the Dactnan Construction Company, et il, f~r the construction of ,sldemalk. curb.and gutterl NFS. Pickett,offered the following Resolution: , (n13143) A RESOLUTION extending the contract of February 5, 1957, between Rartmnn Construction Company. et al** and the City of Roanoke for the ~onstruction of concrete sidewalk and concrete curb and gutter at various locations in the City. , (For full text of Resol~tion, see Resolution Book No. 22, Page 241.) Hrs. Pickett moved the adoption of the Resolution. The notion was, seconded by Hr. Nheeler and adopted by the following vote: AYES: Council neobers Decker. Dillard, Pickett, ~ebber, Wheeler, and the President, Mr. Young .............. NAYS: None .................... O. (Rt. Davies absent) ROTIONS AND RISCELLANEOUS BUSINESS: NONE, There being no further business, Council adjourned. APPROYEU ATTEST: '245 246 COUNCIL, REGULAR MEETING, Monday, August 12, 1957. The Council of the City of Roanoke mot in regular meeting in the Council ~bnmber in the Municipal Building, Monday, August 12, 195T, at 2:00 the regulor meeting hour, uith the President, Nr..Vouog, presiding. PRESENT: Council members Decker, Dlllnrde Pickett, Mebbe~, and the presidept,~Mr9 Young ............................ S. ABSENT: Messrs. Davies and Mheeler .....2. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Hr. Randolph G. Mhittle, City Attorney. Mr. Harry R. Va*es, City Auditor, and MFo J. Robert Thomas City Cler~. INVOCATION: The meeting was-opened moth a prayer by the Reverend Not* Cushy, Pastor of South Roanoke Baptist Church. MINUTES: . Copy of the minutes of the regular meeting held on Monday, Augus 5, 1957t baying been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Mr. Decker and adopted, the readisg was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: BUDGET-COMM01OIEALTN ATTORNEY: The City Clerk presented a communication from the Commonwealth Attorney, requesting.an appropriation of $60.O0 to corer travel expense for attendance of the Commonwealth Attorney and the Assistant Commonwealth Attorney to the Local Government Officials Conference at the Univer- sity of Virginia to be held August 26-28, In5?, inclusive. 'Mr. Mebber moved to concur in the request and offered the following emergency Ordinance: (~13144) AN 0RDXNANCE to amend and reordain Section u26, "Commonwealtb*s Attorney*, of the 1957 Appropriation Ordinance, and providing for an e~ergency. (For full text 'of Ordinance, see Ordinance Book No. 22. Page 242.) Mr. Mebber moved the adoption of the Ordinance. The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Mebber, and the President, Mr. Young ........................... NAYS: None .................O. (Messrs. Davies and Mheeler absent) REPORTS OF OFFICERS: STREETS AND ALLEYS: The City Manager reported that in response to a request by the Mayor he has loohed into the matter of paving Collingwood Street, N. E., and advised that the street is scheduled for paving In the 1958 program. Mr. Mebber moved to file the report. The motion was seconded by Mr. Decker and adopted. STORM DRAIN S-CURB AND GUTTER-STREETS AND ALLEYS: Council at its meeting of July 1S, 1957, having referred back to the City Manager for further study a complaint of residents in the 2000 block of Laburnum Avenue and Avenel Avenue, S,'N** concerning storm meter, culling the~attention of the City Manager to the probability of utility poles it the clley being set emey from the property.line fid dikes being built by residents el,no the.pole line is the ·lley, the City Mnnnger submitted · further report, edvioleg that the poles in the ·lley are three to r,ur feet from the property line nnd In his Judgment mould have no reflection. built dikes along the pole line on public property have been advised tbat thin is illegal and have removed the snid.dlhes, the City Manager st·ting further that he can offer e, hope for a permanent solution other th·n construction ora ntorm drain ut a cost of approximately $100000,00 mhich mill require securing of an easement across private property. Mrs. Pickett moved to table the matter for consideration along.mith the 1959 budget. The motion mas seconded by Mr. Mebber and adopted. BUDGET-POLICE DEPARTMENT: The City Manager requested an appropriation of $$35,00to replace a police motorcycle radio which mas damaged by fire. Mrs. Pickettmoved to concur in the request Of the City Manager and ,fierce the following emergeecy Ordinance: (~13145) AN ORDINANCE to amend and veovdain Section u144. *Departmental Equipment and Improvements#, of the 1957 Appropriation'Ordinance, and providing (For full.text of Ordinance, see Ordinance Hook No. 22, Page 243.) Mrs. Pickett moved the adoption of the:Ordinance. The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Mebber, and thePresident Mr, Young ........................... 5. .. NAYS: Hone .................O. (Messrso Davies and Wheeler absent) BUDGET-DEPARTMENT OF PUBLXC MELFARE: Council at its.meeting of July 22, 1957, having referred bach to the City Manager for further consideration the pro- posed budget of the Department of Public Melfare for the fiscal year July 1, 1957, t, June 30. 1956, with the.direction that.he remove therefrom all salary increases and clarify the request for increases in categories as.submitted~by the Acting. Melfave Director, the City Manager resubmitted the budget, stating that all salary increases have been removed therefrom, and transmitted · communication from the Acting Director of the Department of Public Melfare,:sdvising that additional appropriations requested from the state are for the purpose of raising General Relief grants from 60~'to 1~0~ and to provide for full grants to those people in the City Home who cannot qualify for assistance in a federal category; also. to provide under 01~ Age Assistance and'Aid to Permanently and Totally Disabled for additional grants to persons in nursing homes in order to meet increased rates. but that the state has denied most of the increases by reason of shortage of state funds. Mr. Webber moved to approve the budget in the amounts approved by the stat~ mith the proviso that salaries in the department remain at their present level, a copy of the said budget to be filed mith the City Clerh, The motion was seconded by Mrs. Piohett and adopted. 247 248 APPOINTBRNTS-POLICK DEPARTBKNT: The Cia7 Manager reported the employmen~ of Jack L, Campbell as · police officer, effective August 1, 1957. The report wes ordered filed. .PURCHASE OF PEOPERTT-STREETS AND ALLEVS~ Council at its meeting of Jul7 29 1957, having directed the CIW Wanager to determine the cost of the purchase of a 2S-foot strip of land along the norther· portion of Lots eAU and "Bm, Block 1, Church Court Hap, ca ~hitney Avenue, N. #., along with the cost of wide·inn said street, the City iaenger reported that Mr, A, B, Booth, St** owner of the property ia question, has requested $10,O00.00 for the necessary land which is 130 feet, six laches, in length, and 25 feet deep, and.estimated that the cost of widening the said street would be $1,000,OO, Mr, ~ebber moved to table the nattqr, The motion mas seconde~ by Mr, Dillard and adopted, AIRPORT: The City aanager reported that;Greenbrier Airlf·es operating out of White Sulphur Sprl·gs, Nest Virginia, to Roanoke, Virginia, Charleston, Yqst Virginia, and ~nshington. D. C., has requested the city to permit Greenbrier Air- lines to operate at the Roanoke Municipal Airport at the same rates ss are enjoyed by the three scheduled airlines serving the city. Mr. Decker moved to refer the request to a committee composed of Messrs. Roy L. Rabbet, Chairman, Arthur S. Owens and Barry R. Yarns for study and recom- mendation. The motion.was seconded by Mrs. Pickett and adopted. TRAFFIC-STREETS AA~ ALLErS: The City Manager submitted a tabulation of Se bids received by the Purchasing Agent for proposed alterations and improvements at Church Avenue and Second Street, S. M., and at Salem Avenue and Norfolk Avenue. S. E., showing the bid of A. D. Alford in the amou·t of $6, 293.50 as low bid,.and advised that an appropriatio· of $2,03S.50 will be required to meet this cost, which he recommended. Mr. Webber moved to direct the City Attorney to prepare an Ordinance. accepting the low bid of A. D. Alford and awarding a contract therefor, and an Ordinance, providing for an appropriation of $2,03D.SO. The motion mas seconded b] Mr. Decher and adopted. Mr. Dillard voting no. REPORTS OF COMMITTEES: NONE. UNFIBISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PENSIONS: Ordinance No, 13142, amending Chapter 1, Title III, of The Code of the City of Roanoke, 1956, relating to Pensions and Retirement, having previous- ly been before Council for its first reading, read and laid over, was again before the body. Mr. Webber moved to table the Ordinance until the next regular meeting Of Council. The motion mas secohded by Mr. Oecher and adopted. RADIOS-PARKS AND PLAYGROUNDS: Council at its meeting of August 5, ~957, having directed the preparation of an Ordinance providing for leasing ~o Mundy Motor Lin,es, Incorporated, Dee-third of the space in the old redid building located behind the star atop ~111 Mountain, Mr. Decker moved that the folloulog Ordinance be placed upon its first readings · (s13146) AN ORDINANCE leasing to nundy Rotor Lines, Incorporated. space In the radio building on Mill Rountain. MHEREAS. the City Manager has recommended the execution of the lease hereJm provided:for; ia uhlch reconnemdation, this Council.concurs. THEREFORE, RE IT ORDAINED by the Council of the City of Roanoke as follous: 1. That the City Of Roanoke doth hereby lease unto Mundy Motor. Limes, Incorporated, one-third (1/3) of the space in the old radio building located bebln~ the star atop Rill Mountain to be used solely for the temporary location of a radio transmitter, effective August 1, 1957, at · rental of $20.00 per mouth, payable seninnueolly ia advance, the lessee to make all repairs to the building, subject to the approval of the City Rsnager first obtained and the lessee shall save the City ha~mless of and from any and all claims that may result from its operation of the radio transmitter as herein contemplated. The City specifically reserves the right to terminate this lease upon thirty days notice to the lessee; and 2. That this ordinance shall not be effective until the proper officers of Rundy Motor Lines. Incorporated. shall have signed an attested copy hereof as evidence of its agreement to be bound by ail the terms of the ordinance. Roanoke, Virginia. Signed for and on behalf of Rundy Motor Lines. Incorporated; pursuant to paragraph 2 above end as evidence of said Corporatlonts agreement to be bound,by allof the terms andcondltioas con- tained in the above ordinance: MUrkY MOTOR LINES, INCORPORATED, B~ ATTEST: Dated: The motion was:secondedby. Rrs. Pickett and adopted bythe following vote: AYES: -Council'menbera:Decker; Dillard,.Pickett. Rabbet, and the. President Mr. Yoong--~ .....~-~ ..... ~ ......... 5. : NAYS: ~None--~ ...... ~-~ ..... O. (Messrs. Davies and,Mheeler absent) MATER~DEPARTMENT:~ Council .at"its meeting of:August. 5,: 1957,:having directed the preparation of an Ordinance providing-for thepurchase of the water uorks owned by.Rt. E. E. Engleman. Mr. Dillard movedthat the following Ordinance be placed upon its first reading: : (Ulal4T) AN=ORDINANCE authorizing and providlng~for the purchase of a small.water distribution system from E. E. Engleman.situate la:the northwest section of the City of Roanoke; and providing for the payment, therefor. MHE~EAS, a connittee composed of the City Manager, the City Attorney and the City Auditor, heretofore:appointed for the purpose, has repeatedly conferred and negotiated uith E. E. Engleman, the owner of a snail water distribution system presently serving approximately 176 metered customers in the northwest section Of the City of Roanoke, regarding the purchase of said system; and 249 WB~EAS, said cownlttee filed its written report before this body, ut lis regalar weetiag of Asgest 5, 1957, advises9 that the said Eo R. Eaglemsa, as a resalt of sold segotletioas, ked, by letter addressed to the Clty Manager, aader date of Joly 25, 1957. offered to sell asd convey asto the City a 9and ssd wsvket- able title to the entire dlstrlbatioa port£oa of se'id system, lncladfeg easements for all sereice males ant laid in pabllc ways bat excluding naif bis soppl7 wells ned all other interest la real estate, for $20,000.00 to be paid ia cash; which offer the aforesaid comuittee bas veconneaded be accepted and la which recowmeada- tiaa this Council coecurs; ned WRER£AS, there is ia the Water Fund Bead Account ample money witb mhicb to pay the purchase price hereinafter authorized. Tfl£R£FORE0 RE IT ORDAINI~D by the Council of the City of Roanokm as follows: 1. That the proper City Officials be, and they are hereby, aatkorlzed and directed to purchase mod acqaire, for and on behalf of the City, from R, Engleman, the entire distribution portion of his said water system (except pumping equipment) presently serving approximately 176 metered City customers in the vicinity of Shenandoah Avenue, N. W., lnclediag easements for all service mains not laid in public mays but excluding only his supply wells and all other.interest in real estate, for the purchase price of $20,000.00 to be paid in casb~ .2. That the effective date of the transfer shall be as of midnight, October 31, IFS?, or as soon thereafter as requisite papers may be prepared and executed; and 3. That, upon execution and delivery to the ~l~y of a deed, in such form as is approved by the cat7 Attorney, conveying to t~e City that portion of the aforesaid water distribution system described in paragraph 1, supra, complete and workable and free of all liens, encumbrances and obligations whatsoever, and con- taining a Covenant on behalf of E. E. Engleman that he will no longer engage in the water distribution business in competition with the Clty*s Baler Uepartmen~ and that the waters from said wells shall, likewise, never b~'used in Competition with :said Department, the City Auditor be, and he Is hereby, authorized and directed to deliver unto the said E. E. Engleman, a City warrant, drawn against its Nater Fund. in the amount of $20,O00.00 in full payment~fo£ the aforementioned purchase. The motion was seconded by Bt° Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett,.Webber, and the President Mr. Young ........................... NAYS: None ................ O. (MeSSrS. Davies and ~heeler absent) · OTIONS A~D ~ISCELLANEOU$ BUSINESS: : LIBRARY BOARD: The City Clerk reported the qualification of Rabbi Samuel R. $billmafl and M~S. Barton W. Horris a~ members of the Board of Directors of the Roanoke Peblic Library. The report was filed. There being no farther business, Council adjourned. APPROVED ATTEST: 251 COUNCIL, REGULAR MEETING, Monday, August 19, 1957. The Council of the City of Roanoke met in regular meeting lu the Conncil Chamber in the Municipal Building, Monday, August 19, 19S?, at 2:00 o'clock, p. m., the regular meeting hour, with the President. Mr. Young, presiding. ~tESENT: Council members Decker, Dillard, Pickett, Webber, and the President, Mr. Young ......................... ABSENT: Messrs. Davies and Wheeler---2, OFFICERS PRESENT: Mr. Arthur S. Owens, City Manngert Mr. Randolph Whittle, City Attorney, Mr. Harry R. Vat*st City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with ~ prayer by the Reverend A. M,,Fell*Id, Pastor of the Second Wesleyan Methodlat Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, August 12, 1957, having been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 ,mci,ok, p. m., Aagust lg0 1957, in the Council Chamber, Ga the request of Mayfalr Company, Zncorporated, et al, that Curtis Avenue, ~. M., hats*em Hazelridge B,ad and Florist Road, be vacated, discontinued and closed, and notice of the hearing having been published in The Roanoke M,rid-News on August 2, 1q57, and the City Planning Commission having previously recommended that the request be granted, the hearing was held at which no one appeared in opposition to the request. Mr. A. T. Loyd, Attorney for the petitioners, appeared and requested that the petition of his clients be granted. Mr. Webber moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~13149) AN ORDINANCE vacating, discontinuing and closing a certain street known as Curtis Avenue, N. W., lying between Hazelridge Road, N. W., on the west, and Florist Road, ~. W., on the east, and bounded on the north by Block 4, according to Plat of Section No. I, Bomling Green, and bounded on the southby Block S, according to the Map of Section No. 1, Oakdale, which Plat of Section No. l, Bowling Green, Js found of record in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Map Rook 1, page 83, and Map of Section No. 1, Oakdale, is found of record in the Clerk's Office of the Circuit Court f,r-'the County of Roanoke, Virginia, in Plat Hoo~ 3, page 47, all of which property is presently located in the City of Roanoke, Virginia. WHEREAS, Mayfair Company, Incorporated, Alvin E. Fox and Gloria P. Fox, Robert E. Mnndy and Emma L. Mundy, the property owners adjoining on both sides of said street, have presented to Council a written instrument signed and acknowledged 252 ia accordance with.the pr*visa*ua of Section 15-766.1 of the Code of Virgiolo or 11950, which iastroxeat recites that said parties are the sole abutting property *owners oa both sides of the aforesaid street, tad which instrument was executed by said parties for the purpose of vacating said street, to*wit: BEING,in,wu.ns Curtis Avenue, N, M** between Hcaelridge Road, N. W** OR the west, amd Florist Road, N, Mo, on the east, cud bounded on the north by Block 4, accordiog to Plat of . Sectloc No. l, Bowling G~eea, and bounded ca the south by Block 5, according to the Rap of Section Mo. 1, Oohdole, which Plat o! Section Mo. 1, Bowling Green, is found of record iu ' the Clerkts office of the Hastings Court for the City of Roan*he, Virginio, iu Map Boob 1, page,03, and Map of Se*thou Mo. 1, Oahdale, is found of record in the Clerhfs Office of the Circuit Court *or.the County of Roanoke, Virginia, in Plat Book 3, page 47, nil of which property is presently located in the City of Roanoke, Virginia; and MttEREAS, there are no other property owners in the vicinity whos~ rights or privileges will be abridged or destroyed by the vacating of said street; and RHER£ASo under the p~ovlsions of Section 15-766.1 of the Code or Virginia, 19S0, said street may he permanently vacated by the filing for record of said written instrument, provided it has been approved by the governing body cf the City of Roa~okeo Virginia; and RHER£AS, Ray*air Company, Incorporated, Alvin E. Fox and Gloria P. Fox, Robert E. Randy and Emma L. Randy ha~e requested that said street be Vacated, discontinned and closed; and MHEREAS, by action of the Council of the City of Roanoke, Virginia, on the 8th day of July, 19S?, ~he matter was referred to the City Planning Commission for Its recommendation; and MBERRAS, the City Planning Commission had an informal hearing on the l?th day of July, 1957, at mhich hearing there was no objection to the vacating of said street, and the Planning Commission has recommended to the City of Roanoke, Virgini~ that that certain street known as Curtis Avenue, N. M., lying between Bazelridge Road, M. M., on the west, and Florist Road, M. M., on the east, and bounded on the north by Block 4, according to Plat of Section No. 1, Bowling Green, and bounded on the south by Block 5, according to the Rap of Section No. 1, Oahdale. which are recorded as ~foresaid, all of which property is presently located in the City of Roanoke, Virginia, be vacated, discontinued andclosed; and RHEREAS. the Council of the city of Roanoke, Virginia. did on the 19th da! of August, 1957, at 2:00 o'clock, p. m., in the Council Chamber, after due publication us required by law, hold a public hearing on the request of Ray*air Conpany, Incorporated, Alvin E. Fox and Gloria P. Fox, Robert E. Randy and Emma L. Mandy, for the closing of Curtis Avenue, N. M., lying between Bazelridge Road,' N. M., on the west, and Florist Road, N~ M., on the eas~, and bounded on the north b~ Block 4, according to Plat of Section M~. 1, Bowling Green, and bounded on the south by Block S, according to the H~p of Section ~o. 1, Oakdale, recorded as aforesaid, at which hearing there wes no objection or expressed opposition; and RHEREAS, it further appears to the Council or the City of Roanoke, Virginia that Moyralr Coepssy, Iacorporuted, his agreed.to bear the cost of the proceedings. THEREFORB, BE IT GRDAIh~D by the Council or the City of Roanoke, Virginia, that it officially expresses its approval of the vacating of Curtis Avenue, N. wore particularly described as follows: BEIKG known es Curtis Avenue, N. W.. between Bazelridge Roed, H. W., on the west, and Florist Road. N. ~** on the east. and hounded on the north by Block 4, according to Pict of Section No. 1, Rowlfng Green. and bounded on the south by Blocb 5, according to the Rap or Section No. 1. Oakdale, which Plat of Section No. 1, Rowling Green, is found or record in the Clerk's Office or the Hustings Court for the City of Roanoke, Virginia, ia Rap Book 1, page 83. and Rap of Section NO. l, Oahdole, is found of record in the Clerk's Office of the Circuit Court for the Count7 of Roanoke, Virginia, in Pint Book 3, page 47, all of which property is presently located in the City of Roanoke, Virginia. BE IT FURTHER ORDAIHED that all right, title and interest of the City of Roanoke. Virginia. and the public in and to said street be, and hereby are released insofar as this Council is empowered so to do, the City of Roanoke, however, reserving unto itself a public easement i~ the said street for existing sewer lines and water mains and the right of ingress and egress for the naiman- BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark *Permanently Vacated, Ordinance Noo 13148, dated August 26, 1957", all of Curtis Avenue, N. ~., lying between Bazelridge Road, N. N., on the west, and Florist Road, N~ M** on the east, and bounded on the north by Block 4, according to Plat of Section No. 1o Bowling Green, and bounded on the south by Block 5, according to the Hap of Section No. 1, Oakdale, which maps are recorded as aforesaid, all of which property is presently located in the City of Roanohe, Virginia, on all maps or plats on file in the office of the Engineer of the City of Roanohe on which maps or plats said street is shown, referring to the book and page number of the Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread, and referring to the deed book and page number in the Clerk*s Office of the Hustings Court for the City of Roanoke, Virginia, where the aforesaid instrument signed by the abutting property owners t~ filed for recordation. BE IT FURTHER ORDAINED that the Clerk of this Council be, and he is hereby directed to deliver to the glerk of the Hustings Court for the City of Roanoke, Virginia, and to the Clerh of the Circuit Court for the County of Roanoke Virginia, a copy of this Ordinance, in order that said Clerks may make proper notations on all maps or plats recorded in their offices npon which said street is shown and that the said Clerk of this Council be, and he is hereby directed to furnish to Mayfair Company, Incorporated, Alvin E. Fox and Gloria P. Fox, and Robert E. Mundy and Emma L. Mundy a certified copy of this Ordinance to be attached to the aforesaid written instrament for fi~ing*~o~ record In the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia. 253 254 The motion was seconded by Mrs. Pickett and adopted by the following rote: AVES: Council members Decker, Dillard, Pickett, lebber, Rod the President, Mr. Yoeug--~ ............................ 5. NAYS: None ...................... O. (Messrs. Davies end Nheeler absent) PETITIONS AND COMMUNICATIONS: STATE CORPORATION CONNISSION: Tie City Clerk presented n communication from the State Corporation Commi~sioo, proposing.thai with the 1958 assessment for taxes OB the property of utility corporations it abandon its forty per cent ratio of the voloe of taxable property of said corporations nnd establish assessed values of said property for taxable perposes et the sa~e ratio of the taxable value to true value 'as Is used by each*locality for the assessment of real estate therein, along with comnonications from the City Manager,'statieg that he is in accord with the plan Of tie State ~orporation Commission; the City Attorney, stating that he favors any procedure that assore~ the continuing ability of public officials to obtain accurate running statistics and mould not be averse to the General Assembly enacting legislation that would assure that property, including the property of public utilities, would be assessed at full fair market value, leaving to the individosl counties and cities the application of the requisite tax rate; the Commissioner of Revenue, stating that he believes that property of the public utilities shoold be assessed by the City of Roanoke on the same basis. as other city property is assessed; and the City Auditor, pointing out that the State Corporation CommisSion does not assess -public utility property at forty per cent, but, rather, at forty per cent of eighty per cent of its'value, or thirty- two per cant, and stating that he believes that if the Commission should follow its proposal both real and personal property of the public utilities should be assessed through the same machinery and on the same basis as are other local properties. In this connection, the Mayor stated that he has received the 1957 Statement 5f Assessed Values for Public Utility Corporations as prepared by the State Corporation Commission and handed It to the City Clerk for transmission to the City Auditor. Mr, Dillard moved to table the matter until the meeting of September 3, 1957, and to direct the City Auditor to prepare his report of comparative assessed values and tax assessments against the corporations based on the valuations by the State Corporation Commission, said report to be presented to Council at that meeting. The motion mas seconded by Mr. lebber and adopted. REPORTS OF OFFICERS: AIRPORT: The City Manager reported that Hr. Robert F. Huffman has requested that he be given permission to transfer his lease on Hangar No. 1 at the Roanoke Municipal Airport to Self Servl~e Stations, Incorporated. Mrs. Pickett moved to refer the request to a committee consisting of Messrs. Roy L. Rabbet, Chairman, Arthur S. Owens and Harry R. Yarns for study and recommendation. The motion was seconded by Mr. Decker and adopted. ''~ TRAFFIC: Council at its meeting of August 5, 1957, having referred to the City Haaager for consideration and report the request or fifty-eight employees of the NOrfolk and Nesteru Rallmny Compaey at the General office Buildleg that pnrhiug restrictions on the north side of the 100 block of London Avenue, No be rewoved, ~he city Yaeeger reported that · survey by the Police Department Indicates that to remove the parking restrictions as requested mould create traffic hazard because of the narrowness of the street ned bring about a recurrence of complaints from residents on the~street end would, in effect, give special privileges to all day parkers, which conditions he feels mill not permit removing the restrictions as requested. Mr. Webber moved to concur in the report of the City Nanager. The motion mas seconded by Mr. Decher and adopted, Mr. Dillard voting no. STREETS A~D ALLEYS: Council at its meeting of June 24, 1957, having reFerre( to the City Manager for his study and recommendation thereon the request of the Garden City Civic League that Reynolds Road, S. £., be widened and hardsurfaced, with the assurance that property owners living on the street would be willing to gire sufficient land for the straightening and widening of the street, the City Manager reported that he has wade a survey of the situation and that to widen the street to fifty Feet would require the acquisition of a considerable amount of property from the owners of the land situate on both sides of Reynolds Road, and that.the cost of placing curb and gutter and pavement on the street would approximate $29,480.00, the City Manager recommending that any action for construction of the cuFb and gutter and paving be bald in abeyance for considera- tion along with the 1958 budget, that the property owners be requested to agree, In writing, to donate sufficient land for the widening, and that consideration be given to including in the 1958 budget appropriate action to control storm water on said street. Mr. #ebber moved to concur in the report of the City Manager and to direct the City Manager to attempt to secure firm commitments from the property owneFs on both sides of Reynolds Road to donate the necessar! land for the widening of said street In accordance with.the city*s plan. The motion was seconded by Rt. Dillard and adopted. BBDG£Y-COUNCIL: The City Manager requested an appropriation of $126.00 to the Council account of the 1957 budget to cover the cost of the Municipal Year Book and subscriptions to Public Management for.each Council membeF. Mr. Webber moved to table the matter until the next regular meeting of Council and to direct the City Auditor to furnish Council a report of the incidental funds heretofore appropriated in the Council account showing how such funds were expended. The motion mas seconded bT Mr. Dillard and adopted. BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager requested an appropriation of $1,BO0. O0 for the porpose of refunding to the Commonwealth Virginia federal and state portions of funds refunded to the city on acconnt of welfare grants previously made. 255 256 Mr. Dillard moved.to n,lent lo the request or the City ResuMer mud offered the rollowiqg emergency Ordinance: : (n!3149) AN ORDINANCE to emend and reordnin Section Sl$4e #Refunds end Reb~tes~, of the 1957 Approprfutlon O~dinuuce, end providing for un emergelcy. (For ruil text of Ordiuuece, see Ordiuuuce,Oook No. 22, Page 245.) Hr. Dlllnrd moved the adoption of the Ordinunce. The motion wes seconded by Mr. Decker end adopted by the following vote: AYES: Council members Decher, Dillard, Pickett, Rabbet, nad the President, Hr. Y,aug ......................................... 5. NAYS: None ................................ O. (Messrs. Davies and Mheeler absent) RUDO£T-POLICE DEPARTRENT: The City Manager requested an appropriation of $g07.90 to provide for the purchase of n radar speedmeter, advising that the speedneter now owned by the city is occasionally out of service for repairs and hinders continuous use of the instrument and that an additional unit mould make it possible to give broader coverage to the city in the control of speeding. Mr. M~bber moved that Council concur in the request of the City Manager and that the following Ordinance be placed upon its first reading: (~1315g) AN ORDINANCE to amend and reordain Section z144, *Departmental Equipment and Improvements", of the 1957 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section z144, *Departmental Equipment and Improvements". of the 1957 Appropriation Ordinance, be, and the same Is hereby amended and reordained to read as follows, in part: DEPARTMENTAL EQUIPMENT A~ IMPROVEME~S n144 (1) ............. $310.502.70 (1) Police Department - 60 I Radar Speedmeter $907.90 The motion was seconded by Mrs. Pickett and adopted by the f,Il,ming vote: AYES: Council members Decker, Pickett, Rabbet, and the President, Mr. Young ...................................... 4. NAYS: Mr. Dillard .................. l. (Messrs. Davies and Mheeler absent) REPORTS OF COMMITTEES: AIRPORT: Council at its meeting of August 12, 1957. having referred to a committee consisting of Messrs. Roy L. Rabbet, Chairman. Arthur S. Owens and Harry R. Yates the request of Greenbrier Airlines that it be permitted to operate at the Roanoke Municipal Airport at the same rates that are enjoyed by the three scheduled airlines serving the city. the committee submitted its report, stating that It feels that the intent of Council mas to give a special rate to the scheduled airlines and that the low rate on the weight factors for the airlines mas based on the carrying capacity of their aircraft, that the one and two motor planes of the Greenbrier Airlines do not approach the scheduled airlines weights, and. consequently, the committee feels and recommends that the existing schedules contained in the City Code and existing contracts should remain.in status qoo. Mrs. Pickett moved to concur in the report of the committee and to deny the request of Greenbrier Airlines. The motion was seconded by Mr. Decker and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND ~ONSIDERATION OF.ORDINANCES AND RESOLUTIONS: PENSIONS: Council at its meeting of August 12, ~9$?,havisg tabled until its next regular weet'ing Ordinance No. 13142 on its second reading, amending Chapter 1, Title Ill, of The Code of the City of Roanoke, 1956, relating to Pensions and Retirement, the Ordinatce was again before the body. Mr. Yebber moved to table the Ordinance on its second reading until the next regular meeting of Council. The motion was seconded by Mr. Decker and adopted. RADIOS-PARKS AND PLAYGROUNDS: Ordinance No. 13146, leasing one=third of the space in the old radio ballding located behind the star atop Mill Mountain to Mundy Motor Lines, Incorporated, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Decker offering the following for its second reading and final adoption: (Zl314&) AN ORDINANCE leasing to Mundy Motor Lines, Incorporated, space in the radio building on Mill Nos&taka. (For full text of Ordinance, see Ordinance Book ~o. 22, Page 243.) Hr. Decker moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Decker, Dillard**Pickett, Mebber, and the President, Mr, Yoaeg .............. NAYS: None ..... O. (Messrs. Davies and Nheeler absent) NATER DEPARTMENT: Ordinance No. 13147, providing for the purchase of a small water distribution system from Mr. E. E. Kngleman, having previously been before Council for its first reading, read and laid,over, was again before the body, Mr. Decker offering the following for its second re:~lng and final adoption: (~13147) AN ORDINANCE authorizing and providing for the purchase of a snail water distribution system from E. E. Engleman situate in the northwest section of the City of Roanoke; and providing for the payment therefor. (For full text of Ordinance, see Ordinance Book No. 22, Page 244.) Mr. Decker moved the~adoptlon of,the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Nebber, and the President, Mr. Young ...................... NAYS: ~one ............. O. (Messrs. Davies and Mheeler absent) TRAFFIC-STREETS AND ALLEYS: Council at its meeting of August 12, 1957, baying directed.the.preparation of an Ordinance providing for the acceptance of the bid of A. D. Alford In the amount of $6,293.50 for alteratlonsand improvements at Church Avenue and Second Street, S. M., and at Salem Avenue and Norfolk Avenue, S. E., and providing a contract therefor, Mr, Decker moved that the following emergency Ordinance be adopted: AN ORDINANCE accepting the proposal of AndreuD. Alford for making certain alterations and improvements at Church Avenue~andSecond Street, S. M~, and also at Norfolk Avenue and Salem Avenue, S. E., for the sum of $6,293.50; authorizing and directing the.City Manager to execute the requisite contract; and providing for an emergency. 257 258 absent) MHEBEAS, the City Furchnslag Agent has tabulated the four bids heretofore received rot making certain alterations and improvements it Church Avea~e nad Second Street, S. and also at Norfolk Avelee end Salem Avenue, S. E,; and MHEREAS, it appears from said tabulation that the bid of .Andrew D. Alford, lu the sum or $6,293,5o, is the lowest nod ~est ~ld received for the doing of the aforesaid worhl aBd ; NHEREAS, tbl~ Council is of the opinion that the.proposal of Aadrem D. Alford should be accepted nad abut e contract for the projects should be awarded to him~ and MHEREAS, for the usual daily ope~ntion of the Municipal Government of the City of Roanoke, an emergency is de- clared to exist, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke us follows: 1. That th~ bid of Andrea D. Alford, Vinton, Virginia, for the furnishing of all labor, materials and the doing of all work necessary for'alterations'and improvements at Church Avenue and Second Streeto S. M~, amd also at Norfolk Avenue and Salem Avenue, S. E** in the City of MoanSke, Virginia, according to plans and specifications previously prepared, is hereby determined and declared to be the best bid therefor; and that a contract for said projects be forthwith awarded in the sum of $6,293.50. 2. That the city Manager be, and he is hereby, authorized and directed, for and on.behalf of the City of Roanoke, to execute the contract herein provided for. 3, That, an emergency existing, ~his ordinance shall be in effect from its passage, The motion was seconded by Mr. Mebber and lost by the following vote: AYES: Council members Decker, Nebber, and the President, Hr. Young ..... 3. NAYS: Council members Dillard and Pickettoo-2. (Messrs. Davies and Mheeler Hr. Nebber then moved that the following emergency Ordinance appropriating funds for the improvements at Church Avenue and Second Street, S. #** and at Salem Avenue and Norfolk Avenue, S. E., be adopted: AN ORDINANCE to amend and reordaln Section mi40, *Street Construction** of the 1957 Appropriation Ordinance, and providing for an emergency. MHEREAS, for the usual daily operation of the Mnnicipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #140, *Street Constrsction', of the 1957 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: STREET CONSTRUCTION al40 Contractors ................. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. The motion mas seconded by Mr. Decker and lost by the following vote: AYES: Council members Decker, Mebber, and the ~resident, Mr. Young ....... 3. NAYS: Council members Dillard and Pickett .... 2. (Messrs. Davies and Nheele] absent) MOTIONS AND MISCELLANEOUS BUSINESS: ZONING: Hr. Jack B. Coulter appeared before Council and submitted a~ request of Messrs. J. Cutchin Bodges, Claade A. Bodges and Joseph M. Hodges, Jr., that Lots 19 and 20, Block 2, Alrlee C~art, be rezoned from General Residence District to Business District. Hrs. Pickett.moved to refer the request to the City Planning Commission for study and reoommeadctioa. The motion mas seconded by Mr. Decker aid adopted. SINKING FUND COMIISSION: The City Clerk advised that the terms of Messrs. Robert B. Adams acd Elmore'D; Helms as members of'the Slaking Faad Commission mill expire August'31, 1957, which terms are for three years each. Mr. Dillard moved to table the matter until the meeting of August 26, 1957. The motion was seconded by Hrs. Pickett and.adopted. MATER DEPARTMENT: Tke City Manager'advised that in connection with the sale of timber aa the Dearer Dam nad Falling Creek Natersheds it will be necessary to purchase n 4-wheel=drive Jeep in order for the clty*s inspector to cover the area and requested that he be given authority to purchase such a vehicle ut a cost not to exceed $2,000.00. Mr. Mebber moved to concur ia the request of theCity Manager and offered the following Resolution: (n13151) A R£SOLDTION authorizing the City Manager to purchase one Miliys Jeep for the Mater Department at a cost not to exceed SR,O00. O0. (For full text of Resolution, see Resolution Dock No. 22, Page 246.) Mr. Robber moved the adoption of the Resolution. The notion nas seconded by MFo Decker and adopted by the following vote: AYES: Council members Decker, Pickett, #ebber, and the President, Young .......................... NAYS: Mr. Dillard ...... 1. (Messrs. Davies and Mkeeler absent) There being no further business, Council adjourned. APPROVED 260 COUNCIL, REGULAR MEETING, Monday, August 26, 195Y. The Corm:il of the City of Roonoke met in regulor meeting in the Council Chamber iB the Municipal Building, Monday, August 26, 1957o ct 2:00 o':loch, p. m., the regular meeting hour, mith the Vice President, Hr. Wheeler, presiding. PRESENT: Council members Decker, Pi:bert, lebber, and the Vice President, Hr. Nh,clef ............................... 4. ABSENT: Council members Davies, Dillard, and the President, Ur. Y,usg---3. OFFICERS PRESENT: Mr. Arthur S, Omens, City Manager, Mr. Janes N. Kin:an,o, Assistant City Attorney, Hr. William Fo Griggs, Assistnnt City Auditor, and Ur. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened moth a prayer by Dr. J. Paul Gruver, Pastor of the First Evangelical United Brethren Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, August lgo lg$?, having been furnished each member of Council, upon motion of NFS. Pickett, seconded by Mr. De:her and adopted, ~he reading was dispensed moth and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: RECREATION DEPAETNENT-TBBERCULOSIS SANATORIUM: Dr. C. N. Corn, Il. representing the Senior Citizens Council. appeared before Council and offered a suggestion that the Coyner Springs property be used as a hospital and nursing home for elder citizens of the city in need of medical care. Dr. Corn, Il also requesting that the body authorize use of the old Recreation Department office building in the rear of the old Library building in Elmuood Park for a Senior Citizens Center, the city to maintain the building and furnish heat, lights and water. Mr. Nebber moved to refer the suggestion concerning the use of the Tuberculosis Sanatorium at Coyner Springs t, the committee composed of Messrs. Herbert A. Davies, Chairman, Hrs. Mary C. Pickett, Mr. Albert J. Lobb, Mr. Robert W. Moody and Mrs. H. Stanley Bailey for consideration along with its study of the use of the Tuberculosis Sanatorium, and to refer the request for use of the building in Elmwood Park to the City Manager for study and recommendation. The motion was seconded by Mrs. Pickett and adopted. PETITIONS AND COMMUNICATIONS: BUDGET-ELECTIONS: The City Clerk presented a communication from the Roanohe City Electoral Board, requesting an appropriation of $9,394.25 for the purchase of necessary equipment to provide a new system for registering voters in the office of the Central Registrar, the Electoral Board advising that it has a proposal from the Addressograph-Multlgraph Company which seems to meet the needs of the Board. Mr. Webber moved to appoint a committee consisting of Mr. Arthur S. Owens, Chairman, Mrs. Mary C. Pickett and Mr. William F. 6riggs to study the proposed new system and report thereon with its recommendations. The motion mas seconded by Mr. Decker and adopted. ZOninG: The City Clerk presented t communication trow #r. Richard F. Peaced Attorney nor Hr, Abner R. lorrsyo et al, requesting that their property fronting 584.12 feet on melrose Avenue, N. M** in the 3400 block, designated as Official Tax Bom. 2660107, 2660109 and 2660120, be rescued from General Residence District to Business District tot n depth or tour hundred feet. Bra. Pickett moved to refer the request to the City Planning Commission for study and recommendation, The motion was seconded by Hr. Uebber and adopted. ZONING: The City Clerk preseoted s communication from Ny. James E. Cuadiff, requesting that his property, being Lots l, 2 and 3, Block !, Eostover ~lace, located on the north side of Carlisle Avenue, S. E., between Kindred Street and Dennlngton Street, be rezoned from General Residence District to Business District. Br. Decker moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Hr. Robber and adopted. STORm DRAINS: The City Clerk presented n communication from Hrs. Milliam A. Furrow, 3202 Fleetwood Avenue, S. Mo, In Roanoke County, requesting help in eliminating storm water hazards in that area, and n communication from the Executive Offlc~of Roanoke County, advising that the Board or Supervisors of Roanoke County has appointed a committee to study the conditions in the Fleetmood Avenue area along with representatives of the City of Roanoke and the State Bighmay Department and to submit its findings to the Board mith its recommendation. Hr. Decker moved to rater the request of HFS. Farrow to the City #anager who will study the matter with the county representatives. The motion was seconded by Mrs. Pickett and adopted. REPORTS OF OFFICERS: APPOINTMENTS-FIRE DEPARTMENT: The City Manager reported the employment of Davis James Sandy as a member of the Fire Department, effective August 16, 1957. The report mas ordered filed. TRAFFIC: The'City Manager submitted a communication from Judge Deverly T. Fitzpatrick, requesting that the City Attorney be authorized and instructedto perform.legal services in.securing a charter of incorporation for the Roanoke Citizens.Traffic Safety Counci'l as a non-profit corporation under the laws of the Commonmealth of Virginia. ~ ~ · Mr. Mebber moved to direct the City Attorney to prepare a Resolution authorizing and directing the City Attorney to perform the necessary legal servlces~in securing a charter from the State Corporation Commission for the Roanoke C~tlzens Traffic Safety Council as a non-profit corporation. The motion was seconded by Mr. Decker and adopted.. BUDGET-TRAFFIC: The City Manager requested authority to advertise for bids for installing underground cable in the area of the Commonmealth Redevelopment Project in Northeast at an estimated cast of approximately $14,000.00 and an appropriation of $11,000.00 under Departmental Equipment and Improvements of the 1957 budget to provide necessary funds for the payment thereof. ,,' · Mr. Rebber moved to direct the City Manager,to secure bids for the proposed moth, to be submitted to Council, at which time the bodywlll consider the appropriation of necessary funds. The motion was seconded by Mr. Decker and adopted. 261 262 SE~ERS: The City Moeoger recommended that Couecll authorize a sewer construction project on au assessment baslsto serve a portion of the Best Gate Addition ot on estimated cost of $51,751.02., Hr. Bobber moved to table the matter until the meeting of September 23. 1957. and to direct the City Manager to notify the affected property omners that an Informal hearing mill be held on that date. The motion was seconded by HFS. 'lckett and adopted. REPORTS OF COMMITTEES: NONE. DNFINISHED BUSINESS: BUDGET-COUNCIL: Councilor itsueeting of August lg, 1957, having tabled for consideration at its next regular meetieg an Ordinance to appropriate $126.00 to Incidentals under Section al, 'Council', of the 1957 budget, end having directed the City Auditor to furnish a statement of expenditures sade rrou the appropriation during the current year, the City. Auditor submitted a report, sdvising that expenditures have been made to Shensndoah Volley, Incorporated, in the amount of $1.000.00; National Municipal League. $35.00; for entertaining the visiting British delegation. $400.00; and for keys to the city. $139.22, totaliog $1,574.22 from an appropriation of $1.600.00. Rt. Bobber moved to table the matter until the next regular meeting of Council. The motion mas seconded by Mrs. Pickett and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PENSIONS: Council at its meeting of August 19, 1957, having tabled until it! next regular meeting Ordinance No. 13142 on second reading to amend Chapter I of Title III, Pensions and Retirement, of The Code of the City of Roanoke, 1956, the Ordinance mas again before the body. Mr. Mebber moved to table the Ordinance on its second reading until the next regular meeting of Council. The motion was seconded by Mr. Decker and adopted. STREETS AND ALLEYS: Ordinance No. 13140, vacating, discontinning and closing Curtis Avenue, N. M., lying between Bazelridge Road and Florist Road, having previously been before Council for its first reading, read and laid over, was again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (~13140) AN ORDINANCE vacating, discontinuing and closing a certain street known as Curtis Avenue, N. M., lying between Hazelridge Road, N. M., on the west, and Florist Road, N. M., on the east, .and bounded on the north by Block 4, according to Plat of Section No. 1, Bowling Green, and bounded on the soath by Block 5, according to the Map of Section No. 1, Oakdale, which Plat of Section No. 1, Bomlieg Green, is found of record in the Clerkts Office of theBnstings Court for the City of Roanoke, Virginia, in Map Book 1, page 83, and Map of Section No. 1, Oakdale, is found of record in the Clerk's Office of the Circnit Court for the County of Roanoke, Virginia, ia Plat Book 3, page 47, all of mhich property is presently located in tie City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 22, Page 246.) Mrs. Pickett moved the adoption o! the Ordlacece. The m,riga uaw seconded · by Mr, Decker csd odopted by the f,Il,ming vote: AYES: Couleil members Decker, Pickett, Mebber, atd eke Vice President, Mr, Mheeler .............................. 4. NAYS: NeecO- ..................... O. (Council members Davies, Dillard, and the President, Mr. Young, ckseet) BUDGET-POLICE DEPARTMI~NT: Ordinance No. 13150, approprluting $907.90 for eke purchose of a radar speedmeter, buying-previously been before Council for its first reading, rend and laid over, mas again before the body, Mr. Decker offering the f,Il,wing for its second reading and final ad,priam: (alalSO) AN ORDINANCE to amend and reordain Section u144, 'Departmental Equipment end lmprovementsWo of the 1957 Appropriation Ordinance. (For full text of Ordinance, see Ordinance Rook No. 22, Page 249.) SF. Decker moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pickett and adopted by the f,Il,ming vote: AYES: Council members Decker, Pickett, Mebber, and the Vice President, Mr, Mheeler ............................... 4. NAYS: None ........................ O. (Council members. Davies, Dillard, and the President, Mr. Voung, absent) MOTIONS AND MISCELLANEOUS BUSINESS: STORM DRAINSoSTREETS AND ALLEYS: Mr. T. M. Blair appeared before Council and requested that the body direct the City Manager to proceed with the opening and paving of Blenheim Road, S. Mo, from flrandon Avenue to Shrine Street, and from Shrine Street to Blair Road, Mr. 61air advising that he has previoasly graded Shrine Street at his ,mn expense, but that the-street is mom badly washed because no pavement has been placed thereon.- In this connection, the City Manager advised that opening the streets as requested by Mr. Blair would entail considerable cost since it would be necessary to install a drain to take care of storm mater which would flom down the streets to Brandon Avenue, and, in oddltion~ would require acquisition of some property for right-of-way purposes. Mr. Mebber moved to direct the City Manager to furnish an estimate of the cost of constructing the drain and roadway as requested by Mr. Blair. The motion was seconded by Mrs. Pickett and adopted. SINEING FUND COMMISSION: Council at its meeting of August 19, 1957, having tabled for consideration at its meeting of August 26, 1957, the appointment of two members of the Sinking Fund Commission, the matter was again before the body. Mr. Decker moved to table the matter until the next regular meeting of Council. The motion mas seconded by Mrs. Pickett and adopted. There being no further business, Council adjourned. A P P R 0 V E D 263 '264 COUNCIL, REGULAR #ERTING, Tuesday, September 3, 1957. The Council or the City of Roanoke net in regular meeting in the Council Chamber in the. Ruaicipal Building, Tuesday, September 3, 1957, at 2:00 o'clock, p. m** the regular meeting hour, with the President, Dr, Young, presiding. PRESENT: Council members Decker, Dillard, Pickett, Dabber, Mheeler, and the President, Dr. Young ................... 6. ABSEh~r: #Fo Davies ............ 1. (Hr. Davies absent account of illness} OFFICERS PRESENT: Mr, Arthur S. Owens, City #anager, Hr. Randolph O. Nhittle. City Attorney, Mr. Barry R. Yarns, City Auditor, and Hr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by Hr. Arthur S, Owens, City Manager. MINBTES: Copy of the minutes of the regular meeting held on Handel, August 26, 1957. having been furnished each ~ember of. Council, upon motion of Hr. Nheeler, seconded by Er. Decker and adopted, the reading mas dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC RATTERS: RABER FIELD: Council at its meeting of August S, 1957. having tabled a committee report on the request of the United States Internal Revenue Service that certain liens of record against Roanoke Baseball. Incorporated. be foreclosed or that the p~operty of said corporation be release~ to the Internal Revenue Service for consideration at its regular meeting of September 3, 1957. in the form of a public hearing, the hearing was held. Mr. R. F. Pence. Attorney for Mr. J. M. Derby, appeared before Council and requested that the body authorize payment of a reasonable amount covering the value ;of improvements to the real property at the ball park and the personal property left there by the corporation estimated at $10,000.00. said payment to be applied to the lien of the United States Government, Mr~ Pence stating that the Internal Revenue Service would then assign the government's lien to tbeclty_and the city in turn could enforce its lien against the property, subject it to sale and, after buying it In, have clear title thereto. Mr. Pence stated that he realizes the improvements to the real property have already become the property of the City of Roanoke, but that be feels in view of the fact that the owners and directors of Roanoke Baseball. Incorporated, have already sustained a loss aggregating approximately $70,000.00 in trying to maintain professional baseball in the city and have placed improvements in the baseball park totaling approximately $30,000.00. in addition to having turned over to the city personal property which cost the corporatio~ approximately $21.000.00, the city has a moral obligation to the prior owners of Roanoke Baseball, Incorporated. Mr. Earl A. Fitzpatrick. Attorney, appeared and advised that at one time, us personal attorney for Hr, LeRoy Schneider, he represented the defunct bas~b~all corporation in tmrning over its personal property to the city because the corporation hud ua place to store It, the property having been turned over to the City with the understandiog that the city accepted aa liability for the same, how- ever, that he feels that lo fairness to the former owners of the corporation consideration should be given to the request submitted by Mr. Pence, Mr. Tom Stockton Fox, Attorney, representing some of the other owners, appeared end stated that he endorses the request of Mr. Pence, In reply to a question or Hr. Dillard, the City Manager advised that in his opinion the value of the personal property of Roanoke Baseball, Incorporated, uaw at the baseball park, would presently be under $2,000.00, Mr. Dillard moved to table the matter until the regular meeting of Council on September 23, 1957, in order that the members of Council may have time to study the questions involved. The motion was.seconded by Mrs, Pickett and adopted, PETITIONS AND COMMUNICATIONS: BUDGET-CITY TREASURER: The City Clerh presented a communication from the City Treasurer, requesting an increase in the salary of an employee in the office Of the-City Treasurer from$3,?40,O0 per annum to $5,400.00 per annum, effective · October 1, 1957, an-increase of $1,755.00 for extra.help, an increase of $50.00 for telephone and un increase 0f$125.00 for maintenance of equipment in the 1957 budget of the City Treasurer, and asking that the increases be concurred In by Council; also, a communication.from the State Compensation Board, granting the increases, subject to concurrence by the City Council, Mr, Webber moved to.concur in the request of the City Treasurer and the action of the Compensation Board end offered the following emergency Ordinance: · (m13152) AN ORDINANCE to amendand reordaln Section nO, *Treasurer** of the 1957 Appropriation Ordinance, and providing for an emergency. _ .. (For full text of Ordinance, see Ordinance Book No. 22, Page 252.) .- Mr,.Mebber moved the adoptionofthe Ordinance, Thc motion was seconded by Mr, Nheeler:and adopted by'the.following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................. 6. - NAYS: None ..................O. (Mr. Davies absent) ~. ZONING: The City Clerk presented a petition from Mr. 6, G, Fralin, request- ing that his property.designated as Official Tax No, 2200202, containing 10.100 acres, located on thesoutheasterly.side of;Mllllamson Road at the northern city limits, be rezoned from.General Residence District to,Business District. Mrs, Plchett moved to refer the petition to the City Planning Commission for study~and recommendation,.The motion-mas seconded by Mr. Decher.and.adopted, ZONING: The City Clerk presented a petition from Mr, Richard Lisle, reqnes! nog. that his-property.designated as.Lots I and 2, Blockl. Shady Lawn,,located on the sonthwesterly, corner*of. BroadStreet and Milliansou Road,.N, M,', be rezoned from. Special Residence District.to Business District, · Mr. Decker moved to-refer.the petition to the City Planning Commission for study:and, recommendation, : The motion was seconded by Mr, Dillard and adopted, 265 266 STRKETS AND ALLKYS: The City Clerk presented · petition tram property ameers OR Lee Aveeue, H. E.. requesting that the street be blechtopped, . The City Manager advised Council that the blacktopping program for 1957 has been completed end tho% so funds are available tar that purpose, Mr, ~ebber moved to refer the matter to the Cji7 Manager ~or immqdiate repairs to the street.and fo~ consideration along with his 1950 budget o~ the question of paring the street os requested. T~e motion was seconded by Mr, Dillard end adopted. CLAIMS: The City Clezk presented n communication from Mr. J. L. Johnson. 2741 Derwent Drive. S, ~,. requesting that Council authorize the payment.of a claim in the amount of $50.30 for damage done to his automobile by a manhole cover which flipped up while he wes driving over it, Mr. Johnson stating.that his claim has )reviously been submitted to the City Manager who has advised that the city has no legal liability in the matter. : Mr. Wheeler moved to deny the request and inform Hr. Johnson that should he feel there ~ my liability.on the city in this matter the proper procedure is to seek redress through the courts. The motion,was seconded by Hr. Decker and adopted~ PENSIONS: The CiUClerk presented a commvnication from the Board of Trustees of the Employees' Retirement System, transmitting a copy of the appraisal of the securities of that system as of June 30, 1957, prepared by the Advisory Committee on Investments. The communication and report were ordered filed. REPORTS OF OFFICERS: COAL: The City Manager submitted a tabulation of bids received by the Purchasing Agent for the city's coal requirements for the 1957-50 heating season and recommended that the.bid of Sovereign Pocahontas Company be accepted and that the company be amarded a contract therefor, the City Manager advising that while the Sovereign Pocahontas Company bid Is oat the low bid studies conducted by the. city indicate that it is the best bid from the standpoint of fuel efficiency and air pollution control. Mr. Dillard moved to concur ia the recommendation of the City Manager and to direct the City Attorney to prepare the necessary Ordinance providing for its implemeqtation. The motion was.seconded by Mr. Webber and adopted. PARKS AND PLAYGRODNDS: Council at its meeting of August 5, 1957. having directed that the City Ranager restudy the Dutch elm disease problem in the city, looking into nil phases thereof, and submit a recommended program for dealing with th~ matter, the City Rqnager reported that after consultation with the Director of Porks and Recreation, %he Bartlett Tree Company. the Superintendent of Parks. a representative of the United States Department of Agriculture, the State Entomol- ogist and a repr~seqtatlve of the Virginia Forestry Service he has concluded that the problem should be dealt wi~h immediately in order to arrest the disease and tha a survey should be started at the earliest practical date to determine which trees shoulq be removed and other control measures to be adopted, the City Wannger recom- mending that Council appropriate $1,000.00 for the conduct of such a survey. Mrs. ~lckett moved to concar In the recommendation of the City Manager cad offered the following emergency Ordinance: (813153) AN ORDINANCE to amend cod reorduin Section Sill, 'Parks and Recreational Areas'. of the 1957 Appropriation Ordinance, ted providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 22, Page 252.) Mrs. Pickett moved the adoption of the Ordinance. The motion mas seconded by Hr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler. and the President, Hr. Young ................ 6. · . NAYS: None .................O. (Mr. Davies absent) BUDGeT*AIRPORT: The City Manager requested that $200.00 be transferred from Supplies to Stationery and Office Supplies and that $400.00 be transferred- from Repairs to Wages under the Airport account of the 1957 budget. Mr. Wheeler moved to concur in the recommendation of the City Manager and offered the following emergency Ordinauce~ (x13154) AN ORDINANCE to.amend and reordain Section ZOO, *Airport#, of the 1957 Appropriation Ordinance, and providing for un emergency. (For full text of Ordinance. see Ordinance Hook No. 22, Page 253;) Mr. Bheeler moved the adoption of~e Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Deckem, Dillard. Pickett, Mebber, Mbeeler. and the President, Hr. Young ......................... NAYS: None ..........................O. (Mr. Davies absent) REPORTS OF COMMITTEES: AIRPORT: Council at its meeting of August 19. 1957. having referred to a committee consisting of Messrs. Boy L. Webber, Chairman. Arthur S. Owens and Harry R. Yates for study and recommendation a request of Hr. Robert F. Huffmsn that he be permitted to transfer his lease On Hangar No. I at the Roanoke Municipal Airport to Self Service Stations. Incorporated, the committee submitted Its report, recommending that the request be granted, the provisions of the original contract to remain In force. Mr. Dillard moved to concur in the report of the committee and to direct th~ City Attorney to prepare proper Ordinance providing for the transfer as recommended The motion was seconded by Mr. Wheeler and adopted. WAGES-CITY EMPLOYEES: Council ut its meeting of May 27, 1957, having referred to the Job Classification Committee consisting of Messrs. Roy L. Nebber. Chairman. Herbert A. Davies, Leigh B. Hanes, Jr** John Rushtcn, Arthur S. Owens and J. Robert Thomas for study and recommendation a request of the City Manager for clarification of Subsection I of Section C, Individual Salaries, under Managerial and Executive Salary Plan of the Job Classification and Pay Schedule Plan of the city, the committee submitted its report, recommending that in order to p~ovide the City Manager some degree oflatitude in negotiating salaries in securing the best qualified personnel available for filling:vacancies in 268 the Managerial/Executive salary bracket the plan be emended by adding to Subsection I of Section C the following words: "provided, houevero that the City #manger la filling u vacancy Is authorized to employ persons et salaries up to and including the third salary rate of the salary ranges set forth ia paragraph th*. supra." Mrs. Pickett stated that the subsection ia qnestion provides for · eommitte~ or three m~mbers of Counqll to recommend salaries of personnel included under the Managerial and Executive S41ery Plan, and believing that the recommendations for the salaries involved should come directly to Council from the City Manager, moved to amend the plan by abolishing said committee, The motion was seconded by Mr. Dillard and lost by the folloming vote: AYES: Council members Dillard, Plcke%t and Wheeler ........... ? ....... 3. NAYS: Council members Decker, Webber, and the President, Mr. Young---3, (Mr. Davies absent) MF. Webbqr then moved to concur in the report of ~e Job Classification Committee and offered the following Resolution: (u13155) A RESOLUTION making certain changes in the Job Classification and Pay Schedule Plan adopted by Resolution No. 12D12. (For full text.of aesolutl~, see Resolution Rook No. 22. Page 2S3.) Mr% Webber MOVed.the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by.the following vote: AYES: Council numbers Decker, Pickett. Webber, Wheeler, and the Preside4t. Mr. Young .................................... S. . : NAYS: Mr. Dillard .......... ~ ........ 1. (Mr. Davies absent) . WAGES-CITY EMPLOYEES: .Council at its meeting of July IS, 1957; having referred to the Job Classification Committee for study and recommendation a request of the Judge of the Juvenile and Domestic Relations Court for establishment of the position of Wlntake Officer# in that court, the committee submitted its report, advising that from a study co4ducted it appears that the intake work load which has heretofore been performed by a part-time employee requires the service of a full-time employee, homever, the qualifications for an Intake Officer and a Probation Officer, based upon the study, being equal and the job description for each being the same, it is the recommendation of the committee that the request be denied and that the department be authorized to employ a full-time Probation Office] .to perform the service and take up the work load previously performed by a part- time employee. Mrs. Pickett moved to concur in the recommendation of the committee and offered thc following emergency Ordinance: .(n~31S~) AN ORDINANCE to a~end,and reorduin Section ~23. 'Juvenile and Domestic Relations Court', of the 1957 Appropriation.Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dooh No. 22, Page 2S4.) Mrs. Pickett moved the adoption of the Ordinance. The motion mas seconded by ar. Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber and #heeler ...... 5, NAYS: The President. ar. Young ............ 1. (Hr. Davies absent) WAGES-CIT~ EMPLOYEES: The Job Classification Committee reported that it is in the process of a complete restudy of the Job Classification and Pay Schedule Pla~ uith a'siem of msking recommendation· for certiin revisions to provide for better admlaietr·tlon thereof and the correction of a·y opp·rent inequalities mhlch may sppear after its survey of operation· during the past year. that doe to illness and ab·once from the city of various member· of the committee it h·s been unable to coaplete its work prior to the expiration of its life under the provisions of Resolution No, 12812, nnd recommended that Council continue the committee nad the employment of · consultant until December 31, 1957, in order that it might complete its work. Hr. Dillard stated that he has been advised that tho Job Classification and Pay Schedule Plan has destroyed the morale of the municipal employees-and that he is in favor of repealing the plan and leaving the fixing of individual salaries and moges of municipal emplolees to Council in connection with the budget. Hr. Webber stated that he is of the opinion that the Job Classificstion and Pay Schedule Plan has done much to eradicate Inequalities in salaries or employees, that it has boosted morale of enplolees bi permitting periodic raises to employees on recommendation of their supervisors, that his committee is giving full consider- ation to the many difficult aspects of the plan in order to eliminate any inequal- ities or administrative problems, that the committee is full! aware of the radical changes in the labor market in recent 7ears and the recent inflationary trends and is striving to-bring about a plan that will make municipal service attractive to good personnel. Hr. Webber then moved to concur in the report of the Job Classification Committee and offered the following Resolution: (~13157) A RESOLHTION continuing the Job Classification Committee and the employment of~a consultant to assist in the administration of the Job clnssificatio~ and pay schedule plan until the 31st day of December, 1957. (For full text of Resolution, see Resolution Book No. 22. Page 254.) RFc #ebber moved the adoption of the*Resolution. The motion was seconded by Hr, Decker nnd adopted by the following vote: AYES: Council members Decker, Pickett, Webber. #heeler, and the President, Rr. Young .................................... ~NAYS:' Hr. Dillard ................... 1. (Mr. Davies absent) - 'UNFINISHED BHSINESS: BUDGET-COUNCIL: Coincil at its meeting of August 26, 1957~ havingtabled for consideration at-its regular meetiogof September 3, 1957, a request of the Clt~ Man·get'for an appropriation in the.amount of $126.00 to Incidentals in the Council account of the 1957 budget~ Mrs, Pickett offered thefollowingemergency Ordinance: (z13158) AN ORDINANCE to amend and reordain Section al, #Council#, of the 1957 Appropriation Ordinance, and providing for an emergency.. ' (FOr full text.of 0rdinsnce~ see Ordinance Book No. 22. Page 2552) Mrs~'Pickett-'movedthe adoption'of the Ordinance.- The motion wes seconded bi Mr. Wheeler and adopted by the follomlng vote: AYES:. Council members Decker~ Dillard,'PJckett, Webber, Wheeler~ and the- President, Mr~ Young-o-~ ..... ~ ............... 6. '- NAYS:, None .......................... 0. (Hr. Davies absent) 269 27O STATS CORPORATION CONNISSION~ Council at its meeting of August 19, 195T. having tabled until its regular meeting of Septewber 3, 1957, n eowwnnicetion from the Public Service Taxation Division or the State Corporation Commission, proposing certain changes in the method of assessing taxes on the properW or public service corporations, nnd the Commission having requested that Council advise said Commis- sion of its cowments nnd criticisms, and Council having directed the Git! Auditor t( furnish n statement of the assessed valuation of property of public serrice corporations for the current leer, the report of the City Auditor was received and filed. Hr. C. S. Lex. Jr** Tax Conwiasloner of the Norfolh and lestern Railway Company, appeared and presented to Council a statement wherein he advised that the company*s total tax payment to the City of Roanoke of approximately $340,000.00 for this year mill be the highest on record, that of this amount approximately $150,000.00 la tax on materials and supplies stored at its shops and classified as personal property, assessed by the State Corporation Commission at forty per cent of the value, producing a tax of nearly four times greater than assessments on similar property owned by individuals in the city, that the real property of the company has been reappraised during the past year which has resulted In an increase of mere ithan a quarter of a million dollars in assessed values thereon, the property being assessed at approximately the same ratio as other realty in the city. Mr. Lex further pointed out that the taxable values of railrqad buildings are based on cost, less depreciation, to which a forty per cent ratio is.applied. and that due to the type of building and the rate of obsolescence thereon, the tax on the company*s terminal buildings in Roanoke is far too high. Mr. Dillard moved to advise the State Corporation Commission that Council has no comments or critl~isms of the proposals of the Commission. The motion was seconded.by Mr. Mheele~ and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PENSIONS: Ordinance No. 13142. amending Chapter 1, Title III.:Pensions and Retirement. of The Code of the City of Roanoke, 195b, having been before Council.at its meeting of August 5, 1957,.for i~s first reading, read and laid ov~r, and havin been tabled at subsequent meetings, was again before the body, Mr. Webber offering the following for its second reading and final adoption: : (c13142). AN ORDINANCE to amend Chapter 1. of Title III., Pensions and Retirement., of The Code of the ~ity of Roanoke. 1956. by assigning subsection numbers to the respective definitions contained in ~ec. 1. and by modifying the definition of *Earnable compensation' as therein contained; by assigning subsection (9) 'Return of Contributions.' of Sec. 7. *Denefits.* of said chapter a new number viz.: "(9~ a.#. and by ~dding thereto two new subsections, viz.: *(9) b.# and "(9) c."; by deleting 'Option 1.' of subsection (13) of said Sec. T. an~ redesigna- ting 'Option 2., 3. and 4.* in said last-mentioned subsection as *Option 1., ~. and 3.** respectively; by adding a new subsection, viz.: subsection #(15)~ to said Sec. ?.; and by assigning a new designation to Ordinance No. 12923, a~opted on the 3rd day of December. 195~, sai~ new ~eslgnation being subsection #(16)? of said Sec, T. (For full text of Ordinance. see Ordinance Dook No. 22, Page 249.) · Hr. ~ebber moved the adoption or~e Ordleeece. The motion nas seconded by Er. Decker'and adopted b7 the folloming vote: AYES: Council members Decker. Pickett. ~ebber. Nheeler. nnd the President. Mr. Youdg-~ .............~--~ ....... 5. NAYS: ,~. Dlllerd ..........1. (Nr. Davies absent) . TRAFFIC-STREETS AND ALLEYS: Council at its meeting of Augns~ 19. 1957o buying defeated o~proposed Ordinance accepting the proposal of Andrem D. Alford for making cevtuie alterations and improvements at Church Avenue end Second Street. S. N.. and elsa et Norfolk Avenue and Salem Avenme. S. E.. Mr. Webber moved to recon- sider the matter. The motion uas seconded by Mr. Nheeler and adopted by .the following vote: AYES: Council members Decker. Dillard. Webber. Wheele~. end the President. Mr. Young ........................... NAYS: N~S. Pickett .........1. (Mr. Davies absent) Mr. Webber then moved that the following Ordinance be placed upon its first reading: (n13159) AN ORDINANCE accepting the proposal of Audrem D. Alford for makin~ certain alterations.and.improrements.at.Church.Aueoue.and.Secoad Street, S, N., and also at Norfolk Avenue and Salem Avenue. S. E.. for the sum of $6293.50; and authorizing and directing the City Manager to execute the requisite contract. NHEREAS, the City Purchasing Agent has tabulated the four bids heretofore received for making certain alterations and improvements at Church Avenue and Second Street, S. N., and also at Norfolk Avenue and Salem Avenue, S. E.; a~d WHEREAS, it appears from said tabulation that the bid of Andrew D. Alford, in the sum of $6293.50. is the lowest and best bid received for the doing of the aforesaid work; and NDEREAS, this Council is of the opinion that the proposal of Andrew D. Alford should be accepted and that a contract for the projects should he awarded to him. THEREFORE, DE IT ORDAINED by the Council of the City of Roan'aka as follows: 1. That the bid of Andrew D. Alford. Vinton, Virginia, for the furnishing of all labor, materials and the doieg of all work necessary fer altera- tions and improvements at Church Avenue and Second Street. S. W., and also at. Norfolk Avenue and Salem Avenue, So E** in the City of Roanoke, Virginia, according to plans and specifications previously prepared, is hereby determined and declared to be the best bid therefor; and that a contract for said projects be forthwith awarded in the sum of $6293.50. 2. That the City.Manager be, and he is:hereby, authorized and directed for and on behalf of the City of Roanoke, to execute the contract herein provided for. . The motion.was seconded by Mr. Decker and adopted by the following vote: AYES: .Council members Decker, Webber, Nheeler, and the President, Mr. NAYS: Council members Dillard and Pickett ........2. (Mr. Davies absent) 271 272 BUDGET-TRAFFIC-STREETS AND ALLEYS: Council at Its meeklng of AuGust 19. 1957. having defeated nn Ordinance to amend and reordein Section 8140. °Slreet ConstructlonU. of the lgS? budget, to provide funds for Baking oertain~alkeratloos and improeeBents at Church Avenue and Second Skreet. S. W** ned at N,ri, Ih Avenue end Salem Avenue. S. E.o Mr. Webber moved to reconsider the Batter. The motion nos seconded by Mr. Mheeler and adopted by the f,Il,wing vote: AYES: Council meabera Deeher. Dillard. Pichett. #ebber. Wheeler. and the President. Mr. Young ................ 6. NAYS: None ..... ~ ....... .---0. (Hr. Davies absent) Mr. Webber then n,red thet .the f,il,wing Ordinance be placed upon Its first reading: (XlSlGO) AN ORDINANCE to ameod and reordain Section al40. 'Street Construc- tion', of the 19S? Appropriation Ordinance. DE IT ORDAINED by the Council of the City of Roanoke that Section mI40. 'Street Construction'. of the lgS? Appropriation Ordinance. be. and the name is hereby amended and reordaJned to read as follows, in part: STREET CONSTRUCTION x140 Cootraotors ............................................ $ 139.793.50 The motion Bas seconded by Mr. Wheeler and adopted by the following vote: . AYES: Council members Decker. Webber. Wheeler. and the President. Mr. Young ..................................................... 4. NAYS: Council members Dillard and Pickett ........ 2. (Hr. Davies absent) TRAFFIC: Council at its meeting of August 26. 1957. having directed the preparation of a Resolution authorizing and directing the office of the City Attorney to take the necessary legal action to secure a charter.from the State Corporation Commission for the Roanoke Valley Citizens Traffic Safety Council as n non-profit corporation, Hr. Wheeler offered the following Resolution: (a13161) A RESOLUYION authorizing the formal incorporation of the Roanoke Valley Citizens Traffic Safety Council and authorizing and directing the City Attorney to furnish legal assistance in the incorporation thereof, (For full text of Resolution, see Resolution Book No, 22, Page 256.) Hr. Wheeler moved the adoption of the Resolution. The motion was seconded by Nr, Decker and adopted by the following rote: AYES: Council members Decker, Pickett, Webber, Wheeler, and the President, Hr. Young .................................... 5. NAYS: Mr. Dillard .................... 1. (Mr. Davies absent) NOTIONS AND MISCELLANEOUS BUSINESS: SINKING FUND COHRISSION: The terms of Messrs. Robert B. Adams and Elmore O, Reins ns members of the Sinking Fund Commission having expired August 31. 1957o ~ e Hayor called for nominations. Mr. Webber placed In nomination the name of Rt. ThoBis P. Parsley as a membe£ of the Sinking Fund COBBIssion for a term to expire August 31. 1960. Nr. Dillard placed in comination the name of Rt. Elmore D. Deins for reelection as a member'of the Sinking Fund Commission for a term to expire August 31 1960. 273 Nr. Wheeler moved to close the nomlnntious. The motion wns seconded by Mr. 2ecker and adopted, Ressrs, Thomss P. Parsley and Elmore D. Helen mere elected ns members of the Sinking Fund Commission ror~ terms to expire August 31. 1960. by the following vote: · . AYES: Council members Decker. Dillnrd, Pickett, Webber, Mheeler, and the President,· Mr. Yoeng ......... % .... ........... 6, NAYS: None .......................... O. (Hr, Davies nbsent). COUNCIL-LEAGUE OF. VIRGINIA MUNICIPALITIES: Mr. Dillard stote~ that the meeting of the League of Vlrgini~ Municipalities mill be held iq Richmond, Septembe] 15-1~-17, 195~, and since a majority of t~e members o(Couqcil mill be absent for tke meeting of September 16, .19~?. moved that the regular meeting of September 16, lgs?, be dispensed with. The motion was seconded by Mr. Mheeler~and adopted. HOUSING: The City Clerk .reported that Mr. John F. Newsom0 Jr.. has qualified as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term of four years to expire August 31, 1~61, pursuant to appoint- ment by the Mayor. The report was ordered filed. COUNCIL: The Maxor advised Council that Councilnnn Herbert A. Davies is still la the hospital and hqs contracted pneumonia and probably will be absent from the meetings of Council for quite some time. There being no further business, Council adjourned. APPROVED 274 COUNCIl., REGULAR MEETING, Roedey,.September 9,' 1957. The C,ascii of the City of Roanoke wet in regular meeting la the Council Chamber in the Rnticfpel Building, B,cdev, September 9, 1957, et 2:00 ,*clock. p.m., the regular meeting hour. with the Vice President, Hr, Rheeler, presiding. PRESENT: Council members Deoher, Dillard, Pickett. Webber. end the Vice President, Hr. #heeler .......... ABSENT: Hr. Davies, and the President, #re Young ........2. OFFICERS PRESENT: Br. Randolph G. Whittle. City Attorney, Mr, Barry R. Yates. City Auditor and Acting City Naaager. end Hr. J. Robert Thomas, City Clerk. · INVOCATION: The me,ting was opened with a prayer b~ the Reverend J. Laadoa Raddex. Pasto~ of the Villa Heights Baptist Church. BEARING-OF CITIZENS UPON PUBLIC RATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication lrom the Appalachian Electric Power Company, reporting Lhe installation of four 2500 lumen street lights-in the city during the month of August. 1957. The communication and report were ordered filed. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a report, recommending the installation of twenty-nine street lights at various locations in the city. Mr. Dillard moved to table the matter until the next regular meeting:of Council and to direct the City Clerk to furnish copy of the recommendation~ofi:the City Manager to each member of Council for their study. The motion was lost for lack of a second. Mrs. Pickett then moved to concur in the recommendation of the City Manager and offered the following Resolution: (~13162) A RESOLUTION authorizing the installation of street lights at ~arious locations in the City of Roanoke. (For full text of Resolution. see Resolution Book No. 22, Page 257.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AVES: Council members Decker, Dillard, Pickett, #ebber, and the Vice President. Mr. Nheeler .............. NAYS: None .................O. (Mr. Davies and the President, Mr. Young, absent) BUDGET-FIRE DEPARTMENT: The City Manager recommended that $300.00 be transferred from Fire Hose for the purchase Of an oll heater for use in the Garden City Volunteer Fire Department building to replace the heater therein which is no longer serviceable, in the Fire Department account of the 1957 budget. Mr. Rabbet moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance; (#13163J AN ORDINANCE to emend end reordcln Sectioa #144, #Departmental Equipment and ImprovementsU, of the 1957 Appropriation Ordinance, and providing for an emergeecy. (For full text of Ordinance, see Ordinance Book No. 22. Page 250,) .#r. Webber moved the adoption, of the Ordinance. The motion was seconded by Mr. Decker and adopted by the follomlng vote: AYES: Council members Decker, Dillard, Pickett, Webber, and the Vice President, #r. Wheeler .................. 5, NAYS: None ................. O. (Mr. Davies and the President, Er, Youn absent) mOUSING-PURCHASE OF PROPERTY-LANDMARKS: The City Manager reported that In compliance mith a direcU ye of Council at its meeting of July 29, 19574 that he confer with the omners of the property known as #Magnolia* located et the inter- section or Mllllamson Road and Melrose Avenue, N. E., for the purpose of securing a price thereon for purchase of the. property by the city, he has been informed by Mr. E. J. Eillehan, Agent for the Estate of Sadie Eillehan, owners of the property, that the property is not for sale. Mrs. Pickett moved to file the report. The motion was seconded by Mr. Webber and adopted. EECEEATI~ BEPAILTME~T.:.. ~o.uAcil at its meeting of August 26, 1957o having referred to the City Manager for study and reco~m~dat, i.on .a request of the Senior Citizens Council that authorization bt given for the use of the old Recrea- tion Department office building in the rear of the old public library building in Elmwood Park for the development and use as a ~enior Citizens Center, the City Manager reported that after conaideratiom of Lhe matter and consultation with the Department of Parks and Recreation it is his recommendation that the old Recreation Department office building be operated as a recreation center for oldsters under the direction of the Department of Parka and Recreation, which department will furnish supervisory personnel and programming, ned that an advisory council be established from persons representing the various organizations concerned in this type of program to advise and consult with the Department of Parks and Recreation. Mr. Webber moved to concur in the recommendation of the City Manager to refer the matter to the City Manager.for administrative action. Zhe motion was seconded by Mrs. Pickett and adopted. BUDGET-PARES AND PLAYGROUNDS: The City Manager requested an appropria- tion of $400.00 for the purchase of a chain saw for the Department of Parks end Recreation.'. . , Mrs..Pickett:movedto concur in the recommendation of the City Manager and offered the.following.emergency Ordinance: (x13164) AN ORDINANCE to amend and reordaln Section ~144, #Departmental Equipment and Improvements#, of the 1957 Appropriation Ordinance, and providing for (For full text of Ordinance. see Ordinance Rook No. 22, Page 259.) 275 276 Mrs, Pickett moved the adoption of the Ordlaooce. The motion mos seconded by Mr. Decker end adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, #ebber, and the Vice President, Sr. Wheeler .............. 5. NAYS: None .................O. (Mr. Davieo end the President,. Mr. Young, absent) DDDGET-SEMAGE DISPOSAL: The City Manager submitted a report, advising that in order to properly handle the sludge ut xhe Sewage Treatment Plant It will be necessary to construct a shed mnder mhioh Xhe sludge cnn be stored to prevent it from becoming soaked math rain during the fall months, and requested an approprlutlo of $2.050.00 for this purpose. Mr. #ebber moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (u13165) AN ORDINANCE to amend and reordain *Non-Operating Expenses' of the 1957 Sewage Treatment Fund Appropriation Ordinance. BE IT ORDAINED by the Council of the City Of Roanoke that 'Non-Operating . Expenses' of the 1957 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby amended and reordaloed to read as follows, in part: NON-OPERATING EXPENSES Capital Outlays from Revenue (1) ........................... $ 9.450.00 (1} Shed ............ $R,050.00 The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker. Pickett. Webber. and the Vice President, Mr. #heeler ......................... 4. NAYS: Mr. Dillard ..........I. (Mr. Davies and the President, Mr. Young, absent) REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of July, 1957, and reported other departmental reports on file in his office. The report was ordered filed. REPORTS OF COMMITTEES: BUDGET-ELECYIONS: Council at its meeting of August 26, 1957,. having refer- red to a committee composed of Mr. Arthur S. Owens, Chairman, Mrs. Mary C. Pickett and Mr. William F. Criggs a request of the Electoral Doard for an appropriation of funds to purchase equipment to provide a new system of registering voters, the committee submitted its report, advising that the system in use in the,office Of the Registrar was installed in 1902 and has not been revised since that tine. that the system is unwieldy and obsolete and should be replaced, the committee recommending that Council transfer funds in the total amount of $9,800.00 from various nnexpended balances in the Electoral Doard account of the 1957 budget to provide for the par= chase of the necessary equipment. Mrs. Pickett moved to concur in the report of the committee and offered the following emergency Ordinance: (813166) AN OROIHANCE to amend and r,ordain Section z132, "Electoral Board' nad Sectio~ u144, "Depnrtmenta~ Equipment and Improvements#, o$ the 1957 Appropria- tion Ordinance. and providing for an emergency, * (For fpll text of Ordinance. zee Ordinance Book No. 22, Page 2S9.) .Wr~. Pickett moved the adoption of the Ordinance. The motion was seconded by Br. Dillard and adopted by the following vote: AYES: Council members D,chef. Dillard, Pickett. Webber, and the Vice President, Hr. Wheeler ............. S. NAYS: None ................. O. (#r. Davies and the President, Br. Young, absent) GNFINISREDBUSINESS: ZONING: Council at its meeting of September 3. 1~57. having referred to tht City Planning Commission for study and recommendation a request of Hr. Richard Lisle that his property located on the southmeste;ly corner of Broad Street and Wllliamson Road, N. W., designated as Lots I and 2, Block 1. Shady Lawn, be r,zoned ~rom Special Residence District to Business District, the City Planning Commission sub% mitred its report, stating that in its opinion the property is more suitable for business than for resident.iai purposes, end recommended that the request of the petitioner be granted. Mr. Webber moved to hold a public hearing in the uatter at 2:00 o'clock m.. October 7, lgB?, in the Council Chamber, the attorney for the petitioner to pre- pare the proper notice of said he,ring, have it approved by the City Attorney and present it to the City Clerk for publication, The motion was seconded by MSS. Pickett and ~do~ted. ZONING: Council at its m,erin9 of August 19, 1957, having referred to the City Planning Commission for study and recommendation the request o~ Ressvs. J. Cutchin Hodges, Claude A. Hodges and Joseph W. Nodges, Jr** that their p~operty located on Bersbberger Road east of Williamson .Road, designated as Lots 19 and 20, Block 2, Airlee Court, be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, advising that due to the peculiar conditions relating ta the lots in question, which are below the grate of the.street, the Commission is of tbe opinion that the development and use of the~ as proposed will create a drainage problem which will be difficult to take care of, and that in view of tbe substantial residences.in the block, the Commission is.fur- ther of the opinion that the extension of the Business District on Williamson Road to include the two lots in question, on Dershberger Road will change the general character of tbeueigbborhood and depreciate the value of said residences, the Commission, therefore,:recommesding that the request be denied.- In this connection, the City Clerk advised that the attorney for the petitioners bas requested that Council table the matter until its next regular meeting to afford him time in determining whether or not hii clients desire a*publii hearing in.the matter. 277 278 Wrso Pickett moved to table the matter until the regular meeting of Council sa September 23. 1957. The notion was seconded bl Nv. Decker and adopted. ZONIN6: Council at its meeting of August 26, 195T. having referred to the City PlsaaJmg Commission ~or study and recommendation · request of Cusdirr that his property locsted on the north side of Carlisle Avenue, S. betueen Misdred Street sod Deealagton Street, designated ss Lots 1o 2 and 3. Dlock 1 Eastover Place, be rezoned from General Residence District to Business District, the City Planning Commission submitted its report,,sdvlsing that In its opinion there is as need for additional business property, at this time to serve the immediate neigh- borhood and that the rezoning Of the said lots will be contrary to the interests of nearby omaers of residential properties, the Commission, therefore, recommending that the request be denied. In thi~ connection, the City Clerk advised Council that Mr. Cundiff has requested a public hearing in the matter. Mr. Webber moved to hold a public hearing in the matter at 2:00 o'clock, p. m., October 7, lqS?, in the Council Chamber. and that the attorney for the petition- er prepare the necessary notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion mas seconded by Mrs. Pickett and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TRAFFIC-STREETS AND ALLETS: Ordinance NO. 13159. accepting the proposal of Andrew D. Alford for making certain alterations and improvements at Church Avenue and Second Street, S. W** and at Norfolk Avenue and Salem Avenue. S. E., having previously been before Cnuncil for its first reading, read and laid over, was again before the body. Mr. Webber moved Lo table the Ordinance until the meeting of September 23, 1957. The motion mas seconded by Mr, Decker and adopted. BUDGET-TRAFFIC-STREETS AND ALLEYS: Ordinance N~ 13160. appropriating funds for making certain alterations and improvements at Church Avenue and Second Street. S. W.. and at Norfolk Avenue and Salem Avenue. S. E.. having previously been before Council for its first reading, read and laid over. mas again before the body. Mr. Webber moved to table the Ordinance until the meeting of September 23. 1957. The motion was seconded by Hr. Decker and adopted. COAL: Council at its meeting of September 3, 1957. having directed the pre- paration of an Ordinance to accept the bid of Sovereign Pocahontas Company and to award a contract to the company for the city's coal requirements for the 1957-58 Mr. Decker offered the following emergency Ordinance: (~13167) AN ORDINANCE accepting the proposal of Sovereign Pocahontas Company for supplying the City°s coal requirements for the 1957-50 season and pro- viding for an emergency. (For full text of Ordinance, see Ordinance Book No. 22. Page 260.) Mr. Decker moved the adoption of the Ordinance. The motion mas seconded by Rrs. Pickett and adopted by the following vote: AYES; Council membera Decker, Dillard, Pickett, Robber, und the Vice Presldeato Mr. Mheeler .............. S. HAYS; Hone ................. O. (Mr. Davies nad tke President. Hr. Voung, absent) ~IRFORT: Council ut its meeting of September 3, 19~. having directed the preparation of n Resolution to provide for transfer of the lease of Robert F. Ruffmau on Hangar Ho. I at the Roanoke Municipal Airport to Self Service Stations, Incorporated, Mrs. Pickett offered the follouing Resolution: (n13160) A RRSOLUTIOH relating to a certain lease from the City to J. R. Owens nad R. F. Dcffmua, partners, trading an Dixie AvAatioo Repair Service, hereto- fore ssde under date of December. 10. i952, and thereafter tranaferred and assigned to Robert F. nnrfman under date of February 20, 1957; and consenting to the snbstitu tion of Self Service Stations, Incorporated, as the City°s sole lessee thereunder and to the release of Robert F. Nuffsan as the lessee thereunder, upon certain terms and conditions. (For full text of Resolotion. see Resolution Rook No. 22. Page 260.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr. Hobber and adopted by the following vote: AYES: Cooncil members Decker, Dillard, Pickett, Robber. and the Vice President. Hr. Nheeler .............. S. NAYS: None ................. O. (Mr. Davies and tko President. Mr. Young, absent) MOTIONS Am MISCELLANEOUS BUSINESS: NONE, There being no further business, Council adjourned. APPROVED 279 280 COUNCIL, SPECIAL MEETING, Saturday, September 21. 1957, The Council of the City of Roanoke met ia special meeting in the Council Chsmber ia the #unicipal Building, Saturday, September 21, 1957, at 12~15 o°clock, p, m,. pursuant to call by the City Homager. PRESF~T: Council members Dillard, Pickett, Webber, Rbeeler, and the President. Mr. Young .................... $. · ABSENT: Mr. Decker ............. 1, OFFIC£R$ PRESENT: Mr. Arthur $. Owens, City Manager, Hr. Randolph G. Mhittl City Attorney, and Mr. J. Robert Thomas, City Clerk. MATER DEPARY#ENY: The City Manager reported that pursuant to previous ;directives of Council. after proper advertisement, he offered for male at 12:00 o'clock, noon. Eastern Standard Time. in the Council ~hamber, certain timber marked for harvesting by the Virginia Forestry Department. standing on Tract~ A, B. and C of the City*s Beaver Dam and Falling Creek ~atersheds, that at the public offering only one bidder qualified;, viz., Cassell and Utt, lroler and Bowman, an~ James M. Largen, of Billsvllle, Virginia. that upon the call for bids for the individual tracts (A. B. and C), no bids were received, and that Cassell and Utt, et al, offered a bid of $500000.00 for the timber on .the combined tracts as a whole, which was the o~ly bid received. Mr. Wheeler moved to reject the bid of Cassell and Utt, et al. in the amoun~ of $50,000.00. The motion was sec.onded by Mr. Webber and adopted. Mayor Young then .asked representatives of the companies present at the auction to advise Council whether, in their opinion, the City specifications were at fault and what conditions prevented the receipt of more than one bid on the timber offered, the Mayor advising that Council would like this information for use in considering a future offering of the timber. A representative of Dixon Lumber Company stated that his firm handles only hardwood and feels that if the pine timber on the watersheds were separated from the hardwood timber for sale purposes his company could then submit a bid on the hard- wood. Mr. C. C. Cassell. of Cassell and Ott, stated that in his opinion bidders were required to construct too many roads and, thereafter, either seed or brush mac! road in any tract before going to another tract, that the lumber companies are not familiar with the cost of road building and it is his suggestion that in any future sale the city agree to construct its own roads. Mr. Cassell further advised that under Section 12, Article 5, of the specifications, the tine required for suspension of operations after a rainfall is excessive and should be limited to eight hours maximum, regardless of the amount of rainfall, Mr. Cassell also suggesting that the hickory timber On the watersheds is of poor quality and should be left out of the timber offered for sale. Hr, N, B, ~ood, of Belcher Lamber Coupnny, also tinted that in his opinion there is. an. market for. the hickory timber, #r, J, E, Rushbrook advised that possibly the pine timber on the untersheds should be offered for.sale separately as pulp timber, Thb Mayor extended the thanks or Council to those present. There being no further business, Council adjourned, ~APPROYED 281 282 COHNGIL, REGULAR DEETIHGt Roudey, September 23, 195T. The Council of the City or Ronnoke wet in regular meeting in the Council Chamber in the Municipal Building, monday, September 23, 195T, at 2:00 o*¢locko p, m** the regular meeting hour, with the President, Hr. Young, presiding. I~ESENT: Council members Dillard, Pickett, Nebbero #heeler, end the President, Rt. Young .................... ABSENT: #r. Decker .............. 1. OFFICERS PRESENT: Mr, Arthur S. Omens, City Mnneger, Hr. Randolph G, Whittle, City Attorney, Mr. Berry R. Votes, City Auditor, nnd Mr. J. Robert Thomas City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend Clifton C. McCoy, Pastor of the Bethany Christian Church. COUNCIL: The Mayor announced that in the death of the Honorable Herbert A. Davies on Friday, September 13, 1957, the city has lost a valued and respected member of the City Council. SINUSES: Copies of the minutes of the regular meetings held on September 3, 1957, a~d September 9, 1957, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Dillard and adopted, the reading mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS DPON PUSLIC MATTERS: AIRPORT: Pursuant to a tall for bids, publicly advertised by the City Manager, for the construction of additional concrete apron and a new sewer line and septic tank at the Roanoke Runicipal Airport, the following bids were received: Adams Construction Company. $~3~089.10; Andrew D. Alford, $33,442.TS; S. A. Bowles Company, $31,976.15; M. S. Hudgins, $26,436.90; Pioneer Construction Company, Incorporated, $31,043.00; and Wiley N. Jackson Company, $31,549.00. Mr. Webber moved to refer the bids to a committee composed of Roasts. Arthur S. Omens, Chairman. H. Cletus Broyles and Marshall L, Harris for tabulation, study and recommendation. The motion was seconded by Mr. Nheeler and adopted. SEERS: Conncil at its meeting of August 26, 1957, having tabled until its meeting of September 23, 1957, consideration of a recommendation of the City Manager for the construction of a sanitary sewer project in the East Gate Addition on an assessment basis, fifty per cent of the cost of said sewer to be assessed against the affected properties, and having set an Informal hearing in the matter, the hearing was held. The City Manager stated that based on the estimated cost of the project the average 40-foot lot in the area would be subjected to a sewer assessment amounting to $91.64, representing one-bali of the cost, and advised that the sewer project would serve property on both sides of North Avenue, N. E., from Thirteenth Street to approximately 200 feet east of Seventeenth Street; Templeton Avenue, N. E., from North Avenue to gessler Road; East Gate Avenue, N. E., from Thirteenth I!, Street to aR nile! betweee Gev*ate**th Street nad Eighteenth SUre*ti Yeraell Avenues N; Ecs from Tbirteeeth Street to.ua allay betueeeFifteceth Street etd. Sixteenth Streets and Archbold Avenue, H. E** from Thirteenth Street to Lot 27, Block 39, Eest Gate Addition, aid Lot 59, Block 40, East Cate Addition, Hrs. J. H, Deeaway appeared end stated that she is in favor of construction of the sewer project ir it will serve her howe ca the north side of Sa*set Avenue, N. E** but that she has been advised this project will not serve her home, but will serve four vacant lots owned by her on Vermeil Avenue, Mrs. Dnaaway stating abet she ken ac desire for a sewer to serve her vacant lots, but is interested only in a sewer to serve her residence property, Appearing in favor of construction of the project, were Messrs. L. Clifton Parc*Il, J, E. Fuqua and R. A. Neff. Written communications from Messrs. W. C. Simmer and Ralph A. Glasgow, in favor of construction of the project, mere presented. In answer to an inquiry, the City Manager advised that the proposed project is merely the first phase of planned semer construction in the area, that he hopes to be able to construct the second phase during 1959 and the third and final phase in 19S9. Hr. Yebber moved to direct the City Attorney to prepare a Resolution appointing a committee composed of the City Reneger, the City Clerk and the Director of Public Works to hold a public hearing on the construction of the namer project, and upon completion thereof, submit a report of its findings and recommendations to Council. The motion was seconded by Hr. Dillard and adopted. Hr. Dillard then moved to study the question of the second phase construc- tion program in connection with consideration of the 1950 budget. The motion was seconded by Mr. Webber and adopted. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a communication from Sr. Roy Pollard, Jr., requesting that Lots 9, IO and 11, Block 66, Helrose Land Company, located on the inortheasterly corner of Relrose Avenue and Nineteenth Street, N. W** be rezoned from Special Residence District to Business District. Rrm. Pickett moved~to.refer the matter to the City Planning Commission for study and recommendation. Th*motion was seconded by Mr. Wheeler andadopted. SIGNS: The City Clerk presented a communication from United Fund of Roanoke Valley, Incorporated, requesting that it be granted permission to place banners across the streets in the city during its coming campaign, the corporation ass!ring the city that it will conform with any instructions on the part of Council or the City Reneger and will further hold the City of Roanoke harmless from any claim as a result o~ the banners which will be removed immediately after the completion of the campaign. Hr. Webber moved to direct the City Attorney to prepare a Resolution granting the permission requested, said Resolution, however, to state clearly that It will be the policy of Council that no future permits will be given for banners across the streets of the city, the policy not to be construed as prohibiting tie erection of the normal Christmas decorations. The motion mas seconded by Hrs. Pickett and adopted, Hr. Dillard voting no. 283 284 ~- HATER DEPARTMENTs The City Clerk presented · cowmu·iaatlonfrow Mrs. E. L. Demeroa,'lgOl Belleville Road, S. M** edvlslBg that due to the increased water pressure is the wain i· her block.she baa suetalted damage to the plumbing ia her howe, repairs to which alii approximate $200.00, and for which she feels the city should be responsible, Rrs. Dumeron stating that the pressure in the area mas increased upon petition of the reside·ts nad property owners. The City Manager advised that he recowmeuds that the request be denied as have other requests of · similar nature In the past. Rt. Dillard moved to,concur la the recowmeudatiou of the City Manager nad to deny the request of Rrm. Demeron. The metier was seconded by Mr. Wheeler and adopted. PARES AND PLAYGROUNDS-CURB AND GUTTER: The City Clerk presented n communication from MIss Elizabeth B. Glen·, suggesting that a portion of the maple shade trees in front of her mother*s home at 1856 6randln Road, S. R** be removed, Riss Glen· stating that in her opinion there are too many trees at this poi·t, and further requesting that the curb' In front of the residence be repaired. Mr. Rheeler moved to refer the matter to the City Manager for study and recommendation. The notion was seconded by Mrs. Pickett and adopted. APPALACHIAN ELECTRIC pONER COMPANY-MATER DEPARTMENT: The City Clerk presented a communication from the Federal Power Commission, giving notice that the Appalachian Electric Power Company has applied for an amendment of a preliminary permit for the construction of Smith Rountain Dam by adding thereto an additional dam near Leesvllle below the Smith Mountain Dam, creating an additional reservoir with a surface area of about 3,200 acres with a capacity of approximately 100,000 acre-feet, and a powerhouse at the foot of the dam containing conventional type hydro-turbines ned generators, the Commission advising that protests or *etitions to intervene may be filed with said Commission on or prior to October 28, 1957. Mr. Dillard moved to file the communication. The motion was seconded by Mr. Wheeler and adopted. HOUSING: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority, advising that under the contract of June 8, 1955, covering the Commonwealth Redevelopment Project, the City of Roanoke reserved the right to purchase an area of land designated as Block H and Block J, Parcels 1, 2 and 3, for municipal purposes, with un option running to June 8, 1957, the Authority requesting that the city notify itprior to October 1, 1957, whether or not the city proposes to exercise the option for the purchase of the said property. Mr. Hebber moved to direct the City Manager to furnish Council with a map of the property in question and to consult with the Authority on the price for the purchase of the said property and report thereon at the next regular meeting of Council. The motion mas seconded by Mr. Dillard and adopted. STREETS AND ALLEYS: The ~ity Clerk presented a petition from residents of the Greenmay Court Addition, in the northeast section of the city, requesting that the streets in the area be repaired, paved amd maintained. 285 Mr, Dillard, moved to refer tie mutter, to the City Suonger for study uod recoemeudatioo. The motion was seconded by Rm. Mheeler uud udopted, SEMitE DISPOSALs The City ClerR presented a Resolution from the Dourd of Supervisors or ROluoke County, requesting tbut the contract or September 28, 1954, between the City or Roouoke cud the County of Roanoke, dealing with the treatment Of domestic and commercial wastes, be emended to include au ereu ia the vicinity of Cure Spring lying along Route 119 und Route 702. Mr, Mheeler moved to refer the matter to · committee consisting of Messrs. Roy L. Rabbet, Chairman, Maimer L. Young, Arthur S. Omens end Randolph G. Nhlttle for study end recommendation. The motion was seconded by Hrs. Pickett and adopted. REPORTS OF OFFICERS: AIRPORT: The City Manager reported that Dangar n3 at the Roauoke Municipal Airport, which has been rented by the Naval Air Reserve, is now vacant, and recommended that Title VIII, Chapter 5, Section 10, or The Code of the City cf Roanoke, 1956, be amended to include Dangar nS at the Roanoke Municipal Airport ut a monthly rental of $175.00 or $1.25 per month per square root of area. Mr. Uebber moved to direct the City Attorney to prepare un Ordinance carrying out the recommendation of the City manager. The motion was seconded by RF. Nbeeler and adopted. CITY CHAgTER-POLICE DEPARTMENT: The City Manager recommended the adoption of n Resolution requesting the city's representatives in the General Assembly of Virginia to secure an amendment to Section 31 of the Charter of the City of Roa~ohe to eliminate the provision that persons employed ns police officers must hare at least a six months bona fide residenceln the city prior to appointment. Mr. Mebber moved to table the matter until the next regular meetlng of Council. The motion was seconded by Mr. Mheeler and adopted, Hr. Dillard voting no. BUDGET-PARKS AND PLAYGROUNDS: The City Manager reported that pursuant to authority or Council at its meeting of March 11, 1957, a group of contractors constructed two tennis courts In the Mllliamson Road area at a savings of approximately $2,000.00 to the city, and that in accordance with the agreement in connection therewith, he Is now requesting that $1,500.00 be transferred to Repairs in the Paths and Recreational Areas account, to provide funds for repairs to tennis courts, and that in addition, $350.00 be transferred to the Recreation Department account for tennis instruction, said amounts to be transferced from the onexpended balance of funds, Mr. Mheeler moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (m13168) AN ORDINANC£ to amend and reordain Section 3110, *Recreation Department", Sectio~ alii, *parks and Recreational Areas** and Section m144, · Departmental Equipment and Improvements** of the 1957 Appropriation Ordinance, and providing for an emergency. (For full,text or-Ordinance, see Ordinance Dook No. 22, Page 263;). Rr~.Mheeler moved the adoption or the Ordinance. .The motion uss seconded by Mr. Dillard and adoptedby the followlngvote: 286 AYES: Council members Dillard, Pickett, Nebber, Mheelere and the President, Hr. Young ...................... S. HAYSt None ............. O. (Mr. Decher absent) ,, . PURCHASE OF PROPERTY-TRAFFIC-STREETS AND ALLEYS: The City Manager reported that he hms caused appraisals to be made of the various properties needed for the proposed improvements at Main Street nnd Brnndon Avenueo S, No, and requested the adoption of an Ordinance authorizing bona fide offers to be made in the amount of the appraised values on each piece of property and authorizing condemnation in the event the city is unable to acquire the property. Mr. Wheeler moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (#13169) AN ORDINANCE providing for the acquisition of certain real estate needed in connection with the proposed new intersection at Main Street and Brandon Avenue, S. N** and providing for on emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 264.) Mr. Wheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Dillard and adopted by the folloming vote: AYES: Council members Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young .................... NAYS: None ........... O. (Mr. Decker absent) APPOINTMENTS-MATER DEPARTMENT: The City Manager reported the appointment of Mr. Raymond Pillow as Manager of the Mater Department, effective September 1957. The report was ordered filed. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager reported that an error was inadvertently made In connection with his recommendation for the employment of u full-tine Probation Officer of the Juvenile and Domestic Relations Court and recommended the restoration of the provision for a part-time Probation Officer in that court as eliminatedby the previous action of Council, the City Manager advising that in his opinion the sai~ part-time officer is definitely needed in the conduct of the affairs before the.court. Mrs. Pickett moved to concur In the recommendation of the City Manager and offered the following emergency.Ordinance: (~13170) AN ORDINANCE to amend and reordain Section #23, *Juvenile and Domestic Relations Court** of the lgS7 Appropriation Ordinance, and providing for (For full text of Ordinance, see Ordinance Book No. 22, Page 26~.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: .AYES: Council members Dillard, Plchet~, Webber, Wheeler, and the President, Mr. ~oung ...................... NAYS: None ............. O. (Mr. Decker absent) BRIDGES: The.City Manager reported that the Virginia Department of Highways has recommended the construction of a new bridge replacing the present bridge over Carvins Creek at the city limits line from Rollins Road into Palmer Park, estimated state of the city*s intent to Join in the construction or the bridge and share fifty per ceutof~its cost und requesting thc stuteto make tbe~uecesaury prelimi- nary surveys required, ~ Mr, Mebber moved to direct~the City Attorney to prepare a Resolution currying out the recommendation of the City Manager. The motion was seconded by Mr, Dillard nnd adopted, CROSSOVERS-STREETS AND ALLEYS: The City Manager reported tho~ he has been negotiating with The Atlantic Refining Company who owns property situated on the northeast corner of Hershberger Road and Millinmsoa Road, N. #., tn secure u 10-foot strip of land along its property on both streets and additional land for cutting back the corner to a 25-root radius which the company has agreed to transfe to the city in exchange for the construction of concrete sidewalk, curb and gutter, and paving at an estimated cost of $3,486.50. and that in addition, the company has requested permission to construct tmo 40-foot crossovers from Milliamson Road into its property which will require action of Council under the City Code, the City Manager .requesting that Council consider approving both the granting of the permit for the crossovers and the authorizing of the acceptance of the property in exchange for the construction of sidewalk, curb and gutter, and paving. Mr. MheeleF moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare the necessary Ordinances or Resolutions authorizing the construction of .the crossovers as requested and accepting the property from The Atlantic Refiniog Company on the basis offered. The motion was seconded by Mr. Dillard and adopted. MAIfl~R FIELD: The City Manager reported that the Chamber of Commerce has constructed a billboard fence in the outfield of the baseball diamond at Raker field for use in connection with its sandlot program and has netted approximately $300.00 thereon during the present season, the City Ranager advising that no formal action has been taken to authorize the construction of the billboard fence and the use of funds collected therefor by the Chamber of Commerce in conducting the sandlot~baseball program, and recommended that Council adopt an Ordinance authorizing the continuance of the~ billboard fence and the retention by the Chamber of Commerce for its sandlot program of the funds collected,for advertising thereon, including those funds collected during the present year. Mr. Dillard moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~13171) AN ORDINANCE authorizing the Chamber of Commerce to~continne the billboard fence erected in the outfield of the sandlot baseball diamond.and its policy of advertising thereon. MHEREAS,Atbe Chamber of. Commerce of the City of Roanoke has:heretofore caused a billboard fence, consisting of 4 feet by 8 feet plywood panels e~ch carrying a paid advertising message, to be erected in the outfield of the sandlot baseball diamond in Maker Field; and 287 288 MHERRA$, the aforesaid fence netted the Chamber over $3Q0.00 dmrl·g the rear 1957, ail or which, less expenses, wes ·wed excl·sively for snndlot baseball; amd WHEREAS, the Chamber expects · larger ·et return 1· fat·re years becnnse it will eot have the lBltlel expense, all of which net return will likewise be · wed excl·sively to encoarege sandlot bnsebnll~ and NHEREAS, the City Manager has coec·rred in this ordinance. THEREFORE, BE IT ORDAINED by the Conncil of the City of R,as,he that permission be, and such permission is hereby, granted to the Public Recreation Committee of the Chamber of Commerce of the City of Roanoke lo contin·e the billboard fence, consisting or 4 feet by 8 feet plywood panels each carrying · paid advertising message, as presently erected in the outfield of the sandlot baseball diamond in Maker Field; with the understanding that allof the net proceeds received for s·ch advertising shall be ·wed excl·sively to advance sandlot baseball in this City and with the f·rther understanding that this Co·ncll reserves the right, to withdraw this license without ca·se at any time. The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Co·moil members Dillard, Pickett, Mebbero Nheeler, and the President. Hr. Young ..................... $. NAY.S: None ............ O. (Ur. Decker absent) BRIDGES: The City Manager reported that the Director of Public Norks has recommended the adoption of a Resolution advising the Virginia Department of Highways of the willingness of the City of Roanoke to participate in the cost of widening the bridge over Nad Lick Run on Grandin Road. S. N.. to the extent of fifty per cent of the total cost estimated at $7,400.00, the bridge to be widened to a 68-foot clear roadway, in which the City Manager concurred. Mr. Nheeler moved to conc·r in the recommendation and offered the f,Il,wing Resolution: (·13172) A RESOLUTION advising the Department of Highways of this Co·moll's willingness to-participate 50 per cent in. the cost of widening the bridge over Hud Lick Run. (For f·ll text of Resol·tion, see Resol·tion Rook No. 22, Page 267.) Hr. Nheeler moved the adoption of the Resol·tion. .The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Co·noil members Dillard, Pickett, Webber, Nheeler, and the President, Hr. Yo·ng ................... NAYS: None .......... O. (Hr. Decker absent) COAL: The City Manager submitted a tabulation of bids received by the Purchasing Agent for f·el oil for the period from October 1, 1957, through September 30, i'958, and recommended that the low bid of Jefferson Oil Company, Incorporated, of .1425¢ per gallon for No. I Fuel Oil and .1370~ per gallo· for No. 2 Fuel Oil and the bid of Fuel Oil and Equipment Company, Incorporated, of .1247~ per gallon for No. 6 Fuel Oil, all net, f.o.b. Roanoke, delivered, be accepted. Compcny, Incorporated, for No. I and Bo. 2 Fuel Oil: (n13173) AN ORDINANCE cccepticg the proposal or Jefferson Oil Company, Incorporated, Roanoke, Virgiuict for furnishing the No. I nnd Ho. 2 fuel oil requirements of the City or Roanoke for the period from October 1, 1957, through September 30, 1958; authorizing iud directing the Purchasing Agent to execute the requisite contract; and providing for an emergency. (For full text of Ordinance, see Ordinance Bock Ho. 22, Page 26B.) Br. Mebber moved the adoption of the Ordinance. The motion mas seconded by Hr. Dillard and adopted by the folloulng vote: AVES: Council members Dillsrd, Pickett, Webber, Wheeler, nnd the President Mr. Young .......... ~ .......... 5. NAYS: None ............ O. (BF. Decker absent) NF. Webber then offered the following emergency Ordinance accepting the bid of Fuel Oil an~ Equipment Company, Incorporated, for No. 6 Fuel Oil: (=13174) AN ORDINANCE accepting the proposal of Foel Oil and Equipment Company, Incorporated, Roanoke, Virginia, for furnishing the NO. 6 fuel oil requirements of the City of Roanoke for the period from October 1, 1957, through September 30, 1958; authorizing and directing the Purchasing Agent to execute the requisite contract; and providing for an emergency. · .(For full text of Ordinance. see Ordinance Book No. 220 Page 26B.) Mr. Webber moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the folloming vote: AVES: Council members Dillsrd, Pickett, Webber, Nheeler, and the President Mr. Young ..................... 5. NAYS: None-~ .......... O. (Mr. Decker absent) TRAFFIC-GRADE CROSSINGS-STREETS AND ALLEYS: The City Manager reported that the preliminary survey for location and. cost estimate of a proposed Federal Aid Urban Project for a projection of O. S. Rout~ 220 south of Bunter Memorial Bridge from Campbell Avenue to Franklin Road, S. B** for which $9,000.00 has previously been appropriated, one-half.to be refunded to the city by.the Commonwealth of Virginia, is nearly completed, and that the cost of the survey has overrun the appropriation .by $1,800.00, mhtch he requested be appropriated on the same basis. ,-~ .Mr. Mebber moved to direct the City Attorneyto prepare an Ordinance providing for the appropriation ns requested by the City Manager. The motion was seconded by Mr. Mheeler and adopted. .. STREETS AND ALLEYS-PARKS AND PLATGROUNDS: Council at its meeting of August 26, 1957, having directed the CityBanager to prepare a cost estimate for the opening of Blenheim Road, S. W., through Shrine Hill Park, the City Manager reported that to open the said street would require the construction of a storm drain at an estimated cost of $12,000.00 and paving at an estimated cost of $9,420.00, totaling $20,420.00, and recommended that the matter be deferred for consideration along with the 1959 budget. Mr. Dillard moved to concur in the recommendation of the City Manager. The motion was seconded by Mrs. Pickett and adopted. .. .. 289 290 APPOINTWENTS-PDBLIC SOLICITATIONS: The City Naeager reported the appointmel of Messrs. Fresh J. Sherertz, A. S. Rachel, Jr** lad Frederic E, Bishop es members of the Advisory Commlselom OB' Peblic Solicitation for terms expiring December 31, 1958, mlth Hr. Chemaleg serving os Chairman. The report mas ordered filed. OIRIGET-PQLICE DEPARTMENT: The City manager requested that $200.00 be appropriated to Mainteeance of Traffic System ia the Police Department account to provide for proper maintenance for the remainder of the year. Wt. Dillard moved to concur in the recommendation of the City Wanager and offered the following emergency Ordinance: (al31?S} AN ORDINANCE to amend end reordeln Section zCO, WPolice Department' of the 195T Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. 22. Page 269.} Hr. Dillard moved the adoption of the Ordinance. The motion Was seconded by Mrs. Pickett and adopted by the folloming vote: AYES: Council members Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young .................... 5. NAYS: None ........... O. (Nr. Decker absent~ BUDGET-pARES AND pLAYGROUNDS: The City Manager requested a transfer of $200, from Wages to Salary, Extra Help, Zoo in the Parks and Recreational Areas account of the 1957 budget to provide for payment of employees in the Zoo. Wt. Wheeler ,moved to concur in the recommendation of the City Wanager and offered the following emergency Ordinance: (~13176) AN ORDINANCE to amend and reordain Section ~111, "Parks and Recreational Areas", of the ,1957 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 270.) Wr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Rt. Webber and adopted by the following vote: AYES: Council members Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ....................... 5. NAYS: None .............. O. (Wr. Decker absent) BUDGET-~ELFARE DEPARTWENT: The City Hanager reported that In connection with the moving of offices in the City Hall Annex building it was necessary to move some of the telephones in the Department of Public Welfare and requested an appropriation of $50.00 to provide for the cost of moving said telephones. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (x13177) AN ORDXNANCE to amend and reordain Section #52, 'Public. Assistance*, of the 1957 Appropriation Ordinance, and providing for au emergency. (For full text of Ordinance, see Ordinance Rook No. 22, Page 270.} Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following rote: AYES: Council members Dillard, Pickett, Webber, Wheeler, and the President. Mr. Young .................. 5. NAYS: None ......... 0. (Mr. Decker absent) side of Lyndhurst Street, N, M,, betmeen Forest Bill Avenue and Greenland Avenue, to be used rot the midenfog of the said street and straightening of the curve, mhich he recomzended be accepted, Hr. Mheeler,moved to concur in the recommendation of the City Msnoger tad offered the follomlng emergency Ordinance: (Zl31?O) AN ORDINANCE~nutkorizing the acceptance nY a narrom strip of lnad approximately 216.43 feet in length on the south side of Lyndhurst Street, N. W., from A. K. Simmons, et ax., nad providing for an emergency. (For full text or Ordinance, seeOrdinance Boob No. 22, Page 271.) Mr. Rheeler moved the adoption of the Ordinance. The motion mas seconded b7 Mr. Dillard and adopted by the following vote: AYES: Council members Dillard, Plckett~ #ebber, Nheeler, and the President, Mr. Young .................... RATS: None ........... O. (Mr, Decker absent) REPORTS OF COMMITTEES: NONE., UNFINISBEO BUSINESS: ZONINO: Council at its meeting of September 9, 1957, having tabled the request of J. Cutchin Bodges, et al, that Lots 19 and 20, Block 2, Airlee Court, located on Hershberger Road east of Billiamson Road, be rezoned from General Residence District to Business District, which request the City Planning Commission bas recommended be denied, to permit the attorney for the petitioners to determine whether or not a public hearing is desired, the City Clerk reported that the petitioners desire a public hearing in the matter. Mr. Nebber moved to hold a public hearing on the request at 2:00 o'clock, p. m., October 21, 1957, in the Council Chamber in the Municipal Building, and to direct the attorney for the petitioners to prepare notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Mheeler and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TRAFFIC-STREETS AND ALLEYS: Ordinance No. 13159, accepting the proposal of Andrew D. Alford for making certain alterations and improvements at Church Avenue and Second Street, S. #., and at Norfolk Avenue and Salem Avenue, S. E., having previously been before Council for its first reading, read and laid over, and having been tabled at a subsequent meeting, was again before the body, Mr. Mebber offering the following for its second reading and final adoption: (z13159) AN ORDINANCE accepting the proposal of Andrew D. Alford for making certain alterations and improvements at Church Avenue and Second Street, S. #., and also at Norfolk Avenue and Salem Avenue, 5. E., for the sum of $6293.501 and authorizing and directing the CitF Manager to execute the requisite contract. (For full text of Ordinance, see Ordinance Book No. 22, Page 262.) 291 292 Ne. Rebber moved the odoptioa or the Ordinance.. The notion mas seconded by Er. Uheeler nod adopted by the roll,wing vote: AYES~ Couoeii members Dillord, Rabbet, Nhe~ler, Red the President, Hr, Yoaag ...................... NAYS: Irs. Pickett ............. I. (Mr. Decker absent) DODGET-TaAF¥IC-STREETS AND ALLEYS: Ordinance No. 13160, appropriating funds for making certain alterations end improvements et Church Avenue and Second Street S. M** and nt Note,Ih Avenue end 5aleB Avenue, S. E** having previously been before Council for its first reading, read and laid over, and having been tabled at · subsequent meeting, was again before the body, Mr. Nebber olfering the following for Its second read~ng and final adoption: (n13160) AN ORDINANCE to amend and re*eddie Section al40, UStreet Construction#, of the 1957 Appropriation Ordinance. (For full ~ext of O~diaance, see Ordinance Dunk No. 22, Page 263.) Er. Webber moved the adoption of the Ordinance. Yhe motion mas seconded by Mr. Yheeler end adopted by the foil*ming vote: AYES: Council members Dillard, Nebber,.Rheeler, and the President, Mr. Young ............................. 4. NAYS: Ers. Plc~ett--~ ..... 1. (#r. Decker absent) BUDSET-S~RAOE DISPOSAL: Ordinance No. t3165, ~ppropriating fonds for the construction of a shed at the ~enage Treatment Plant, having previously been before Council for its first reading, read.and laid over, was again before the body, Rt. Mheeler offering the following for its second ;ending and final adoption: (~13165) AN ORDINANCE to amend and reordatn "Non-Operating Expenses', of the 1957 S. emsge Treatment Fund Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No.. 22, ~age 263.) Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Nr. Nebber and adopted by the following vote: AYES: Council members Dillard, Pickett, Mebber, Rbeeler, and the President. Wt. Young .................. 5. NAYS: None ......... O. (Er. Decker absent) MABER FIELD: Council at its meeting of September 3, 1957, having deferred action on a Resolution directing the City Attorney to cause certain judgments in favor of the City of Roanoke against Roanoke Baseball, Incorporated, to be released of record, until its ~eetJng of Septenber 23, 1957, the Resolution was again before the body. Rr. Richard F. Pence, Attorney for two former officers of the corporation, appeared before Council and stated that he has been advised by the federal government that it cannot assign its lien as he had previously reported.to the body, Rt. Pence reiterating his ~revious arguments before Council and Its committee, admitting that there is no legal liability on the part of the city to take any action other than that proposed by ~he committee, but that in his opinion Council should purchase the personal property covered by the liens at the value it had at the time It came into the city*s hands, estimated by Pence at approximately $5,000 00, amd pay an additional $5,000 O0 for improvements Da the realty made b7 the corporation, thc total of $10,000.00 to be applied against the federal tax lien, ia addition to the city releasing its liens totaling $1,464.13. After some discussion, Ir. Wheeler offered the rollnmiag Resolution: (u13179) A RESOLUTION directing the City, Attorney to cause certain Judgments lm favor of the City against Rosnohe Baseball, lac., to be released of record. (For rail text cf Resolution, see Resolution Uooh No. 22, Page 272.) Mr. Wheeler moved the adoption of the Resolution. The motion mas seconded by Mrs. Pickett and adopted by the,following vote: AYES: Council members Dillard, PJcRett, Webber, Wheeler, and the President, Mr. Young ..................... NAYS: None ............ O. (Rt. O,chef absent) BONDS-SCBOOLS: Council at its meeting of July 15, 1957, having directed the preparation of an Ordinance to provide for the issuance of $8,000,000.00 of public school bonds, Mr. Webber moved that the following Ordinance be placed upon its first reading: (a13180) AN ORDINANCEto provide fOF the issue of bonds not to exceed Eight Million Dollars ($8,000.0D0) to defray the cost of permanent public improvements, to-wit: acquisition of sites for, construction of. completion of, additions to and improvements in public*school buildings. BI IT ORDAINED by the Council of the City of Roanoke as follows: 1. It is deemed expedient and necessary by theConncil.of the City of Roanohe, Virginia. to raise funds not to exceed Eight Rill*on Dollars ($B,O00.O00) to defray the cost of needed permanent public improvements, to°wit: acquisition of sites for. construction of, completion of. additions to and improvements-in public school buildings. · 2. For the purpose of raising $aid.fundsto pay for the cost of said permanent public improvements, it is deemed expedient and necessar7 to issue, and there shall be issued from time:to tim, within a period of five (5).yearsfrom the date of~the~election.hereinafter referred~to, bonds of-the,City of Roanoke, Virginia. in an aggregate amount not exceeding Eight #ill*on Dollars ($U,O00,O00). 3. The Council shall b7 resolution adopted from time to time prescribe the amount of said bonds to be issued from time'to time and the form thereof, and all other details with respect thereto, in accordance with low. ,~ 4. Said:bonds shall not be issued unlessand until this ordinance has been approved by the affirmative vote of a majority of the freehold voters of the City voting at an ~lection to be called, ink'the manner provided by lam.. : The motion mas seconded, by Mrs. Pickett and adopted by'~the following vote: .. ; AYES~ Council membersDillard; Pickett, Webber, Wheeler, and the President, Mr. Yoang ......................... S. NAYS: None ................ O. (Mr. Decker absent) 293 294 ir, Dillard stated that In voting for the ~rdlaau~e he wants It clearly understood that he is doing, so to place the matter before the freeholders, but feels that $0,000,000,00 is too great a sun to be authorized. TAXES: Mr, Nheeler moved that the foil*ming Ordinance reducing the tax rote on persoaal aid real property by one cent, ia accordance with the provisions of the City Charter etd the City Code, be placed upon Its first reading: (x13161) AN ORDINANCE to amend end reordeJu Section I of Chapter I of Title VI of The Code of the City of Roanoke, 1956, establishing the rate of and levying eo annual ~ax upon all real estate and. improvements there*at upon all items of household tangible personal property euemerated il Section 58-629 (9), (IO), (11) and (12) of the 1950 Code of Virginia, upon ell machinery nod tools, including machinery, and tools used in manufacturing and mining busloessest upon the tangible personal property of public service corporations except rolling stock of corporations operating railroads by steam, and upon all other tangible personal ~roperty le the City, not ~xenpt from taxation by law. RHEREAS, a tmenty cent increase In the $2.50 tax rate provided for Jn Section 2, subsection (1), of the City Charter upon the classes of property hereinafter provided Is necessary to provide for the payment of the principal and interest on outstanding non=revenue bonds of the City, issued as approved by the votes of the freeholders of the City. THEREFORE, BE IT ORDAIr~ED by the Council of the City of Roanoke that Settlor of Chapter I of Title VI of The Code of the City of Roanoke, 1956, relating to the rate of annual tax on realty and personalty, be, and said section is hereby, imended and reordained to provide as follows: Sec. 1. Rate of tax on personalty and realty. Pursuant to section 2, subsection (1), and section 47 of the Charter of the city, and pursuant to the provisions of the general law, there shall be levied for the 1959 tax year, and ann*ally thereafter until otherwise provided, upon all real estate and Improvements thereon, upon oil items of household tangible persongl property ennuerated in section 56-929 (9), (10), (11} and (12) of the Code of Virginia, 1950, upon all machinery and tools, including machinery and tools used in manufacturing and mining businesses, upon personal property of )ubllc service corporations except rolling stock of corporations operating.rallroad~ by steam, and upon all other tangible personal property in the city, not exempt from t~xation by law, a tax of $2.70 on every one hundred dollars of assessed value thereof, to provide revenue for the sopport of the city government, the ipnyment of principal and interest upon the city debt, the support of a public library, the payment of pensions to Confederate soldiers, sailors and marines and their widows, for school purposes and for other municipal expenses and purposes. The motion was seconded by Mr. Nebber and adopted by the following vote: AYES: Council members Dillard, Picket~, Mebber, Nheeler, and the President Mr. Yoong ................ 5. NAYS: None ....... 0. (Mr. Decker absent) MOTIONS AND MISCELLANEOUS BUSINESS: PLANNING COMMISSIONS: The Mayor called for nominations to fill the vacancy on the R,aa,kc Valley Regional Planning aDd Economic Development Commission caused by the death of Councilman Herbert A. Davies. Mrs. Pickett placed in nomination the nine or Mr. Vincent 5. Mheeler. M~. Dillard moved to close the nominations. The motion was seconded b~ Mr. Webber Dud adopted. : Hr. Wheeler was elected a member of the Roanoke Valley Regional PI,Ruing aid Economic Development Commission os a representative of the R,ac,kc City Council for n tern.ending December 31o 1950r by the r,Il,ming vote: AYES: Council members Olllerdo Plckett¢ #ebber..ind the President, Mr. Young ...................... 4. NAYS: None ......... O. (Mr. Decker absent) (Mr. Nheeler:not voting) There being no further business, Council adjourned. APPROVED 295 296 COUNCIL. REGULAR NEETING, ·Nonday, September 30. 1957. The Council of the City of Roanoke met in regular meeting la the Council Chamber ia the Municipal Building. Monday. September 30. 1957, ut 2:00 o'clock, p. m** the regular meetteg hour. with the President. Mr, Young, presiding. PRESENT: Council members Dillard, Pichett, #ebber. Mheeler, ned the President. Mr. Young .................... 5. ABSENT: Mr. Decher .............1. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Hr. James N. Klncanoo, Assistant.City Attorney. Mr. ,Harry R. Yarns. City Auditor. end Mr. J. Robert Thomas, City Clerh. INVOCATION: The meeting was opened with a prayer by the Reverend Robert E, Crauford. Pastor Of the Garden City Baptist.Church. MINUTES: Copy of the minutes of the special meeting held on Saturday, September 21, 1957, having been furnished each member of Council, upon notion of Mr. Wheeler. seconded by Mrs. Plchett and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: TRAFFIC: Pursuant to a call for bids by the Purchasing Agent for the arista lation of necessary foundations and conduit for an underground signal system on Williamson Road. N. E.. between Second Street and Oraoge Avenue. the bid of Corer Construction Company. Incorporated, in the amount of $11,735.75, was received. Mr. Webber moved to refer the bid to a committee consisting of Messrs. Vincent S. Wheeler. Chairman. Arthur S. Owens. and John L. Wentworth for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. FIRE PROTECTION-AIRPORT: Mr. Elmer R. Yaught, Chairman of the Airport Study Group of the Roanoke Chamber of Commerce, appeared before Council and presented a statement, advising that u study by his group indicated there is insufficient fire and crash equipment and personnel at the Roanoke Municipal Airport, and recommended that the city purchase a new truch and equipment therefor and employ four additional members of the Roanoke City Fire Department to be maintained at the Airport to con- duct necessary training and supervise fire fighting and crash operations under the administrative and operational control of the Fire Department. Mr. Mheeler moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Webber and adopted. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a communication from twenty-eight propert~ owners, requesting that their property fronting on the west side of Grandin Road. S. W., between Weatover Avenue and Sherwood Avenue. and oa the east side of Grandam Road, S. M., between Uluemont Avenue and Sherwood Avenue, be rezoned from General Residence District and Special Residence District to Business District. Mr. Mheeler moved to refer the petition to the City Planning Commission for study and recommendation. The motion was seconded by Mrs. Pichett and adopted. Roanohe Municipal Airport. hud on September 19, 1957, informed the corporntJon that due to a more attractive offer for his business, which it could not meet, he was withdrawing his offer to sell to Self-Service Stations, Incorporated, and in con- seqaence, the corporation, is no longer interested in baying the lease transferred as authorized under Resolution No. 13160, adopted on the 9th day of September, 1957, The City Clerk also presented a communication from Hr. Robert F, Hurfmun, of' Dixie Aviation Repair Service, inforning Council that Self-Service Stations, Incor- porated, bad refused to close an agreement between the corporation end Mr. DurfmnA for transfer of the lease Of Nangar el An the. basis of the original agreement betueen the two. that at no time has he received a better offer rot his business than that offered by Self-Service Statio~s. Incorporated, and originally agreed to, bat that Self-Service Stations, Incorporated. has not been agreeable to the purchase on the basis of the original agreement and he has been unable to accept an amended offer. Mr. Webber moved that the communications be filed. The moti on was seconded by Mr, Wheeler and adopted. REPORTS OF OFFICERS: AIRPORT: The City Manager reported that final prices have been established for. the purchase of land needed on the southmost end of the northeast-southwest runway at t~e Roanoke Municipal Airport through further negotiations and under condemnation proceedings in .the court and recommended the adoption of an ~rdlnance providing for the acquisition of said land on the basis of those final prices. Mr. Wheeler moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: .. ............. (Ul31O2) AN ORDINANCE providinR for t.he acquisition of certain lands for municipal airport purposes and for the use of airplanes; providing for the payment therefor out of funds in the account "Transfer to Improvement Fund - Airport"; amending Ordinance'No. 13070 heretoforeadoptedon the 6th day of May. 1957. relat- ing to the same subject; and providing [or an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the follouing vote: AYES: Council membersDlllard, Pickett, Webber,, Wheeler, and the President {Mr. Young-% .......... ~--~ ............ 5. ,.: ' ' ,: · NAYS: None .......~ .......... O. (Mr~lDecker absent) ELECTIONS: The City Manager reported receipt of a bid from. Addressog~aph- Multigraph Corporation~.loanoke, Virginia, in the amount of $9,215.75.:for the purchase of certain equipment for use of the.CeutralEegistrnr in registering vo%er advising that it was the only bid received aqd.recommendingacceptance:thereof. · Mrs. Pickett moved-to concur in the recommendation of theCity Manager and offered the following emergency Ordinagce: 297 298 (n13183) AN ORDINANCE accepting the proposol of AddvessographoRnltigroph Corporntlon, Roonohe, Virginia. rot furnishing the CiO! or Roonoke Addressogrspb Equipment and related items, in the total amount or $9,215,75 net. r.o,b. Roanohe, Vlrgiuin~ authorizing and directing the Purchosing Agent to purchase the equipment in accordance uith said proposal; and providing for on emergency. (For full text or Ordinance, see Ordinance Book No. 22. Page 276.) Mrs. Pickett moved the adoption of the Ordinnnce. The motion was seconded by ar. Dillard nnd adopted by the following vote: AYES: Counuil members Billnrd, Pickett, Webber. Nheeler. and the President, Hr. Young ............................ 5. NAYS: None ..................O. (Mr. Decker obsesS) BUDGET-RECREATION DEPARTMENt: The City Manager requested an appropriation or $500.00 to supplement the amount of $700,00 contained in the 1957 budget for Halloween celebrations in the city, advising that it is his intent to have some twenty different celebrations in the city In an effort to keep celebrating people in their own communities and prevent the collection of large crowds in the central area of the city, Mr. Mheeler moved to concur in the recommendatio~ of the City Manager ~nd offered the following emergency Ordinance: (x13184) AN ORDINANCE to amend and reordain Section milO. *Recreation Department** of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No, 22, Page Mr. Wheeler moved the adoption of the Ordinance, The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Dillard, Pickett, Webber, Wheeler, and th~ President Mr. Young ............................ 5. NAYS: None ..................O. (Mr. Decker absent) HDDSET-DEPARTMENT OF PUBLIC WORKS: The City Manager advised that in movJn the telephone from the old street maintenance headquarters to the newly erected building on Salem Avenue it was necessary to move the telephone service at a cost ;10.00 for which an approprLation is needed. Mrs. Pickett offered the following emergency Ordinance providing for the tecessary funds: (si3105) AN ORDINANCE to amend and reordain Section gOl. *Street Repair** the 1957 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page Mrs. Pichett moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: : AYES: Council members Dillard. Pickett, Webber, Wheeler, and the'President Mr. Young ...........................S. NAYS: None ..................O. (Mr. Decker absent) DONATIONS-STREETS AND ALLEYS: The City Manager reported that the owners of the property ia Summit Hills, Subdivision:No. 1. lying along Ho S, Route 460 in the County of Roanoke, immediately west of the city corporate line, have requested that buildings on the ~and, t~e proviso to run in perpetuity, the City Manager recommend- ing connnrrenoe with the request and acceptance of the ~eed. Mr. Webhe$ meted that an emergency Ordinance, authorizing the proper city officials to approre a certain instrument for the partial vacation of a pint of Summit Bills, Subdivision N~o 1, an~d authorizing the acceptance of n deed to the City of Boanoke of ~ert~ln ~ro~erty Inca.ted in the ~nnnt! ~f Boom,eke, ¥irginiao being a strip of l~nd eppro~lmatel~ 10~ feet i~ width ~m~diatel~'adJacent to and west of Peters Creek, ~xtendl~gfro~ n ~oi.nt approximately 250 f~et south of Un S° Boule 4~0. es .th~ northerl~r boundary, to th~ line ~f So J. ~c~lllinn. et al. propert! as shown on the ~la~ of Summit Bill. s, .Subdivision No. 1o as the southerly boundary, be adopte~. ~be motion was seconded by Mr. ~lllnrd .and voted on as follows: ,, AYES: Council members Dillard, Pickett. Webber, and Wheeler ........ 4. ~AYS= The President, Mr. Young ............... 1. (Mr. Decker absent) The emergency qrdinance receivin~ les~.than.(he fi~e-~evenths vote required was lost° Mr. Dillard tqen moved that th~ following ~rd~nan~e be p~aced upon its firs reading: (Ul$1B6) AN ORDINANCE authorizing the proper City officials to approve a certain instrument for the partial vacation of plat of Summit Bills, Subdivision No. I in Roanoke County, Virginia, and authorizing the acceptance of u deed to'th~ City of Roanoke of certain property located in said subdivision adjoining the west corporate line of the City. MH~REAS, all of the owners of the lots and other land situate in that cer- tai~ subdivision known ns Summit Bills, Subdivision No. 1, a plat of which was prepared by C. B. Balcolm and Son, Virginia B. C. E., dated January lO, 1955. and recorded May lO, 1955, in the Clerk*s Office of the Circuit COUrt of Roanoke County Virginia in Plat Book 3. page 159. have executed and acknowledged an instrument for recordation tn the Clerk*s Office of the Circuit Court of Roanoke Co5nty, Virginia, by which instrument it is declared to be the agreement of said parties that that portion of said plat thereon designated and shown as Nichols Street, be permanently vacated upon the Joint approval of the Roanoke City Engineer. the Boanoke City Planning Commission by'its agent, the ~onnoke County Planning Commission by its agent and the Chairman of the Board of Supervisors of Roanoke County; end 299 3OO NHERRAS, it is requested that the Council of the City of Roanoke, Virginia authorize its said officials to approve said instrument In accordance with Sections 15-799. IS0800 and IS-R03 of Nicbiets Code at Virginia, 1950; end WHEREAS, E. F, Nichols end Atlas Elizabeth Nichols, his wife, have tendered to the City u deed dated the 30th day of September, 19Er, conveying to the City of Roanoke, upon a nominal consideration Of Ten Dollars ($10.00) cash, a certain patti( of that parcel of land to be vacated, in Roanoke County, situate along the westerly corporate line, bounded and described as follows: RRGINNING nta point deaignnted ns Corner No. 3 from Plat or summit Rills, Subdivision No, 2, recorded in Roanoke County Pint Book 3. page 160; thence S. 72 degs. 19' E. to n point in the center of Peters Creek; thence down the center of Peters Creek and with the westerly corporation line of the City of Roanoke as shomn on the plat of Summit Rills, Subdivision No. I · recorded in Roanoke County Plat Rook 3, page 159; thence the folloming courses and distances as shown on Plat of Summit Rills, Subdivision No. 1, Roanoke County Plat Rook 3, page 159; S. I deg. 30' E. to Corner E; S. I deg. 15' W. 65 feet to Corner F; S. ? degs, W. 100 feet to Corner G; S. 12 degs. 20' W. 100 feet to Corner H; S. 13 degs. 50' N,, 103 feet to Corner z9; S. 4 degs. R. 122 feet to Corner riO; S. 19 degs. 50* E. 83 feet to Corner nil; S. 35 degs. 30' E. 69 feet to Corner al2; S. 6 degs. 15* E. 100 feet to Corner mia; S. 21 degs. 40' R. 100 feet to Corner al4; S, 25 degs. E 102 .feet to Corner UlS; thence S, 25 degs. E. to a point on the sontherly boundary line of the pro- pertp conveyed to E. F* Nichols and I. S. Trinkle by Margaret Rushong; thence along said boundary S, 72 degs. 45' W. 100 feet, more or less, to a poimt; thence crossing the westerly end of Rowles Avenue, in all a total distance of 127 feet, note or less, to Corner : nil as shown on the plat of Summit Hills. Subdivision No. 2 recorded in Roanoke County Plat Book 3, page : 160; and thence the following courses and distances according to the plat of Summit R~lls. Subdivision No.~ 2; N. 21 degs. 40' N. 105.59 feet to Corner mlO; R. 18 degs. 36' ff. 262.19 feet to Corner mg; N. 4 degs. R. lSO.5 feet to Corner ma; N. 13 degs. 50' E. II?.3R feet to Corner m?; N. 12 degs. 20' E.. 94.25 feet to Corner uG; N. ? degs. IS* E., 90.32 feet to Corner , 1 deg. IS' E.. 57.36 feet to Corner z4; N. I deg. · #. 73.69 feet to Corner ~3; the place of BEGINNING: and have offered to incorporate therein a covenant to run with the title to the property situate adjacent to the aforesaid strip and extending to the south line of U. S. Route n460 to the effect that should the City hereafter acquire by purchase, condemnation or otherwise, the aforesaid adjacent property for public street par- )oses, then and in such event, the City shall not be required to pay as part of the cost Of acquisition of such land. the cost or value of any improvements constructed upon such adjacent property, but shall be liable for the value of the land only. TREREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council officially expresses its approval of the vacation of that portion of the laud shown as "Nichols Street" on the plat of the subdivision known as Summit Rills Subdivision No. 1. recorded in the Clerk*s Office of the Circuit Court of Roanoke County in Plat Book 3, page lng and does hereby authorize and direct the City Engineer and the City Planning Commission by its agent, to approve in writing, the aforesaid instrument dated Ray l. 1957, theretofore executed and acknowledged by ta respective owners of lots and other land in said subdivision. BE IT FURTRRR ORDAINED that the proper City Officials be, and they are hereby authorized to accept on behalf of the City of Roanoke. a municipal corpora- tion. the aforesaid deed dated September 30. 1957 from E. F. Nichols and Atlas Elizabeth Nichols, bis wife, conveying to the City that parcel of land Located in the County of Roanoke, Virginia, hereinbefore described by metes and bounds, which said deed shall incQrporate the covenant hereinabove set out, to run in perpetuity, and which shall be first approved as to form an~ execution by the City Attorney. The motion was seconded by Hr. Webber and adopted by the following vote: AVES: Council members Dillard, Pickett. Webber, and Nbeeler ....... 4, NAYS: The P~esident, Hr. ¥oung-~ ......... ~---1. (Hr. Decker absent) BUDGET-HOUSING-STREETS AND ALLEYS: The City Manager presented a.bill from the City of Roanoke Redevelopment and Housing Authority in the amount of $40.279.00, covering the cost of work perfermed on Second Street, N. E., in the Commonwealth Redevelopment Project, and recommend ed that Council appropriate funds for the pay- meat of the said account. Mr. Webber moved to direct the City Attorney to prepare an Ordinance appro- )rioting the funds.in the amount Of $40,2?9.00 to pay the account and authorizing 2ayment thereof. The motion was seconded by Mr. Wheeler and adopted. BRIDGES-STREETS AND ALLEYS: The City Manager reported thatRainbo Bread Company has agreed to convey to the city a strip of land necessary forthe midenieg of Whiteside Street, N. E., On the north aide, in connection with the proposed underpass under the Norfolk end Western Railway Company*.s Shenandoah Division to connect Nhiteside Street, N. E., with Mandy Road. N. *E** and recommended that Council adqpt an Ordinan~e providing for the acceptance of said laud under condition set out therein. Mrs. Pickett moved to conour in the recommendation of the City Manager and offeredthe following emergency Ordinance: (al310?) AN ORDXNANCE authorizing and directing the acquisition of · certal~ strip of land on the north olde'of Whitealde.Street. N. E** from~Rainbo Bread Company, a corporation, for the widening of said street; authorizing and .directing that certain commitments be made to the owner of said land relating to the CJty*s later~use of the'same for street purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22. Page 270.) Mrs. Pickett moved the adoption of the Ordinance. The motion was .seconded by Mr. DilLard and adopted.by the following vote:' - : ~' .. · AYES: Co~nnil members Dillard~ Pickett, Webber, Wheeler, and the President Mr. Young .......................... ~-5, NAYS: None ..................O, (Mr. Decker absent) : PURCHASE OF PROPERTY-HOUSING: The C~ty Manager reported that pursuant tn the directive of Council at its meeting Of September 23. 1957. be is sebmittieg a map of the property in the Commonwealth Redevelopment Project on which the city has had an option for purchase and that he has conferred with the City of Roanoke Redevelopment and Dousing Authority who has placed e value on the property for sale to the City of Roanoke asfolloms: Block.N, complete.~$1Ua.600;00; Parcel 1, Block J; $8,000.O0;Parcel~2, Block J,$S,SO0.O0; and~Parcel 3, Block J5~$20.000.00o a total of'$222,100.00 for thelproperty. - -..'. · . 301 3O2 Mrs. Pickett moved to defer ·ction'lm the mother for consider·tiaa ·loog with the 1958 budget.end to direct the City Clerh to request the Housing Authority to exteod the city's option'on the property to J·nu·ry 15. 1958. The motion wes seconded by Mr. Dillord~··d adopted.. ,' : REPORTS OF COMMITTEES: · ,, . · AIRPORT: Council'·t'its meeting or September 23. 1957. boring:referred to · committee consisting or Ressrs.- Arthur'S. Owens..Ch·irman. fi. Cleans Broyles end Marshall L..Horri· rot tabulation, study end recommeudittoo, bids received for cectotn construction uovh at the Roanohe Municipal Airport. the committee submitted its tabul·tion and recommended th·t the low bid Of R. S~ Hudgins. ia the amount of $26.436.90. be accepted end · contract aw·rded therefor~ advising th·t it will be necessary to ·ppropriate $5.000.00 to cover the cost of the contract. MF. Wheeler moved to COnCUF in the recommendation of the City Manager and offered the following emergency Ordinance accepting the bid of M. S. Hudgins and aw·rding a conLract therefor: (aI31OU) AN ORDINAHCE accepting the proposal of M. S. Hudgins. Roanohe. Virginia. for the construction of additional apron in front of the new Terminal Building and reloc·ting the Terminal Building sewer at tho Roanoke Municipal Airport in the total sum of $26.436.90: authorizing and directing the City Manager to execute the requisite contract;.and providing for an-emergency. (For full text of Ordinance. see Ordinance Book Ho. 22. Page 280.) Mr. RheeleF moved the adoption of the Ordinance. The motion was seconded by HFS.' Pickett and adopted by the following vote: AYES: Council members Dillard. Pichett. Webber. Wheeler. and the President Mr. Young ............................ 5. HAYS: Hone ...... ~--~ ........ O. (Or. Decher absent) Mr. Wheeler then offered the folloming emergency Ordinance making an appro- priation of $5,000.OO: (~13169) AH ORDINANCE to amend and reordoln Section ~142, "Transfer to ilmprovement .Fund#, of the.195? Appropriation Ordinance, and providing for nn emergency. (For full text of Ordinance. see Ordinance Book NO. 22. Page 200.) Mr. Mheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Webber and adopted by the following vote:.. AYES: Council members Dillard~ Pichett. Webber, Wheeler. and the President Mr. Young ............................ 5. NAYS: None .......... ~ ...... O, (Mr. Decker absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: HONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: RAHER FIELD: Ordinance Ho. 13171, authorizing the Cbsmber of Commerce to continue.the billboard fence erected ia the.outfield of the sandlot baseball diamq and its policy of advertising thereon, having.previously been before Council for its first reading, read and laid over, was again before the body, Mr, Webber offering the following for its second reading and final adoption: (Ul31?l) AN ORDINANCE authorizing the Chamber of Commerce to continue the billboard fence erected in the outfield of the sandlot baseball diamond and its .poliny o! odvertisisg thereon. (For full text of Ordinance. see Ordinance D,ok No. 22. Page 273.) Mr. Webber moved the adoption ~f the Ordinance. The motion was seconded by Hr. Wheeler and ~dopted by the following vote: AYES: Council members Dillard. Pickett. Eebber. W~eeler. and the President Hr. Young ............................ 5. NAYS: None .................-~. (Er. Oecher absent) BONDS-SCHOOLS: Ordinance NO. 13100, providing for the issue of bonds not exceed SO,OOO,OOOtodefray the cost of permanent public improvements, to-wit: acquisition of sites for, construction of, completion of, additions to and Improve- ments in public school buildings, having previously been before Council for its first reading, read and laid over. was again before the body, Mr. Nh~eler offering the following for its second reading and final adoption: (z13180) AN ORDINANCE to provide for the issue of bonds not to exceed Eight Million Dollars ($9,000,000) to defray the cost of pernanent~publlc improvements, to-wit: acquisition of cites for, construction of. completion of, additions to and improvements in public school buildings. (For full text of Ordinance, see Ordinance floo~ No. 22. Page 273.) Mr. ~heeler moved the adoption.of the Ordinance. The motion was seconded Mrs. Pickett and adopted by the following vote: AYES: Council members Dillard, Pickett, Webber, #heeler, and the President. Mr. Young ...... ~ ................... ~-5. NAYS: ~None .................. O. (Mr. Decker absent) YAXES: Ordinance No. 13181. establishinga.tax rateof.$2.70 for.the year 1958, having previously been before Conncil for its first reading~ readnnd laid over, was again before the body, Mr. Dillard offering tbe following for itc second reading and final adoption: (~131Dl) AN ORDINANCE to amend and reordain Section I of Chapter I of Title VI of Yhe Code of.thc. City.of Roanoke, .1956, establishing the rate of and levying an annual tax upon all real estate and improvements thereon, upon all items of household tangible personal propelty enumerated in Section 58-829 (9), (10). (11) and (12)~ofthe 1950 Code of Virginia, upon all machinery and t,Dis, including ~achinery and tools used in manufacturing and mining businesses, upon thetangibl~ personal property of public service corporations exceptroll'ing stock of corpora- ti,mi operating railroads by steam, and upon all other tangible personal property in the City~ not exemptfrom taxation.by la~. · (For full text of Ordinance, see.Ordinance.E,,kW,.22, Page 274.) Mr. Dillard moved the adnption of the Ordinance. The motion was seconded. by Ers. Pickett and adop%ed by the following vote: AYES: Council membersDillard, Pickett, Webber, Nheeler~ and the President Mr. Young ........................ ~---5. ~. .~ . NAYS: None ..................O. (Mr. Decker absent) '304 LEGISLATION~ClVY CHARTER-POLICE DEPABTRERT: Coencil ut its meeting of September 23, 1957, hiving tabled until its lext regular meeting consideration of n Resolution requesting the cityts representatives in th~ General Assembly to endeavor to hive Section 31, 'Police Department', of the Charter of the City of Roanoke, amended, the matter wis egel~ before the body. Mrs. Pickett offered the Resolution and moved its idoption. The motion lost for lack of a second, Rr, Webber then moved to table the m&tter for further consideration. motion was seconded by Hr. Dillard and 4doptmd. : SEWERS: Council at its meeting of SepLember 23, 19ST. having directed the preparation of a Resolution providing for the creation of a committee before whom abutting landowners on portions of certain streets in the East Gate Addition may appear to be heard on the question of constructing a sanitary sewer to serve their properties. Rt. Wheeler offered the folloming Resolution: (u13190) A RESOLUTION creating a committee before whom abutting landowners on certain portions of certain ivenues in the East Gate section may oppear and be baird in favor of or against the proposed construction of sanitiry sewers in and along said portions of said ivenues and other property, the cost of mhich, when the same shall have been ascertained by said committee, is to be assessed or npportione( between the City and said abutting landowners as provided by lam; and providing for notice to such abutting landowners of the hearing before said committee. · (For full text of Resolution, see Resolution Book No. 22, Page 201.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Plckett~ Webber, Hheeler, and the President. Mr. Young ............................ 4. NAYS: Mr, Dillard ........... 1. (Mr, Decker absent) BUDGET-TRAFFIC-STREETS AND ALLEYS: Council at its meeting of September 23, 1957, having directed the preparation of an Ordinance to .provide for an appropria- tion of $1,000,00o covering the additional cost for t preliminary engineering surve~ of a proposed Federal Aid Urban Project on U, S. Route 220, Mr, Wheeler offered the following emergency Ordinance: (ZlSlgl) AN ORDINANCE appropriating $1600.00. covering the additional cost of the preliminary engineering survey of the proposed Federal Aid Urban Project on U. S. Route 220 from the south end of Hunter Remorial Bridge to Franklin Road. SO per cent thereof to be reimbursed to the City by the Commonwealth of Virginia; directing that the Sgoo00.O0 original appropriation as carried in Ordinance No. 12973 for the same purpose and erroneously assigned to Street Construction Account Rights of ~ay be transfezred to Account Ho. 60, Engineering Services - Surveys F.A.U. Projects; end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22. Page 262.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following.vote: AYES: Council members Dillard. Pickett. Webber. Wheeler. and the President Mr. Young ......... ~---~ .............. NAYS: None .................-0, (Hr, Decker absent) CROSSOVERS-STREETS AND ALLEYS: Council at its meeting of September 23. 195 having directed the preparation of z Resolution permitting The Atlantic Refining Company to install two 40-foot sidewalk crossovers from Wllllamson Road into its property located on the northeasterly c,ruer of ellllomsoa Road and Hershbe;ger Roa~ N. W.. and. also. an Ordinance authorizing acceptance of n lO-foot strip of land along its property on Willi~mson Road and Bershberger Road in exchange fo~ the city constructing curb and gutter, sideualk and pavement. MF. Wheeler offered the f~llow- lng emergency Ordinance accepting the conveyance of the strip of land as offered: (x13192) AN ORDINANCE accepting the c~nveyance of a strip of land. for street widening purposes, from The Atlantic R.efining Company in consideration of the City making certain improvements adjacent thereto at the City's expense; and provid- ing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page Mr. Wheeler n,red the adoption of the Ordinance, The. motion was seconded by Hr. Dillard and adopted by the following vote: AYES: Council members Dillard, Pickett, Webber, Wheele~, and the President Mr. Young ..................... ~ ...... NAYS: None ............~ ..... O, (Mr, Decker absent). the City Ranager then advised that it will be necessary to appropriate funds for the construction ~equired, whereupon, Mr. Webber offered the fqllowing emergency Ordinance: (m13193) AN ORDINANCE to amend and reordain Section Il40, *Street Construc- tion** of the lg5? Appropriation Ordinance, ~nd providing for an emergency. (For full text of Ordinance, sqe Ordinance Book No. 22, Page Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Dillard, Pickett, Webber, Wheeler, and the President Mr. Young ............................. 5. · NAYS: None ........~ .......... O. (Mr, Dec,er absent) · ; Mr. Dillard then moved to.table, the proposed Resolution permittiqg the installation of two 40-fo~t sidewalk crossovers from #illiamson.Road into the pro- perty of The Atlantic Refining Company situate on the northeasterly corner of · illiamson Road and Eershberger Road, N, M** and to direct the City Attorney to rewrite said Resolution adding a clause thereto providing for expiration of the permitgranted at the time the property ceases to be used as a filling.station, and in addition, providing that the Resolution b~ recorded in the office of the Cler~ of the Hustings Court for the City of ~oanok~..The motion was seconde~ by Mr, Wheeler and adop~ed. '. BRIDGES: Conncil at its meeting of September 23, ~95~, having directed t~e preparation of a Resolution advising the Virgipia Department of Highways of the 305 306 willingness of the Council of the City of Roanohe to participate in the:cost of constructing a new bridge over Cervlns Creek Into Palmer Park, Mr. Dillard offered the following Resolution: - · : (e13194) A RESOLUTION advising the State Department of Highways of this Couecil*s willingness to participate $0 per cent iR the cost of constructing a new bridge over Carvlas Creek into Palmer Park, replacing the present bridge at such locution, (For fell text-of Resolution, see Resolution Book Ho, 22. Page Mr. Dillard moved the adoption of the Resolution, The motion wes seconded by Mr. Yheeler and adopted by the following vote: AVES: Council members Dillard, Pickett, Webber. Wheeler. and the President Mr. Young ............................ NAYS: None ..................O. (Mr. Decker absent) SIGNS: Council at its meeting of September 23, 1957, having directed the preparation of a Resolution granting the request of United Fun~ of Roanoke Valley Incorporated, that it be qranted permission to place campaign banners across the streets of Roanoke, Mr. Nebber offered the following Resolution: (u13195) A RESOLUTION authorizing the City Manager to permit United F~nd of Roanoke Valley, Inc., to install banners and streamers over certain streets and ways and indicating that it shall be the policy o£ Council to grant no further simila~ requests except for the usual Christmas decocations. : (For full text of Resolution, see Resolution Book NO. 22. Page 285,) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Dillard. Pickett, Webber, Wheeler, and the President Mr. Young ............................ S. NAYS: None ..................O. CKr. Decker absent) MOTIONS AND MISCELLANEOUS BUSINESS: BUILDING CODE: The term of Mr. Clarence M. Hawkins as a member of the Boar* of Appeal, Building Code, expiring on September 30, 1957, the Mayor called for nominations to fill the vacancy. Mr. Dillard placed in nomination the name of Mr. Clarence N. Hawkins. Mr. Webber moved to close the nominations. The motion was seconded by Mr, Wheeler and adopted. Mr. Clarence M. Hawkins was re-elected a member of the Board of Appeal, Building Code, for a term of five years beginning October 1. 195T, by the following vote: AYES: Council members Dillard, Pickett, Webber. Wheeler, and the President Mr. Young .......................... ~-S, · NAYS: None ..................g. (Kr. Decher absent) SINKING FUND: The City Clerk reported the qualification of Messrs. Elmore D. Reins and Thomas P. Parsley as members of the Sinking Fund Commission. The report was ordered filed. TUBI~CULOSIS SANATORIUM-CITY JAIL: The Rayor ·dvlsed th·t the l·te Herbert A. Davies had been u member iud Chairmen of s committee ·ppointed by Council by Resolution No. 13123. adopted on the 0th day of July. 1957. to study the adequacy o~ existing properties of the city for use as · City Home and also for the hospitaliza. tiaa of Indigent patients; the recommended method and estimated cost or operation; the type and acope of ·dditional housing if say is considered necess·ry; the auffi- oleuoy of the water supply, sewage disposal end other utilities; all other matters germ·ne to the subject; nnd to make recommendations in the premises, which committee the M·yor advised mill require considerable ~ime to complete its ~tndy and Bake its report, the Mayor suggesting that Council may. want to f~ll the vacancy c·used In the committee by the death of. Mr~ Davies. Mr. Mebber moved to empomer the Mayor to appoint a number to fill the . vacancy on the committee caused by the death of Mr. Davies. The motion was seconde~ by Hr. Dillard and adopted. Mayor 'Young then announced the appointuent of Councilman Allan G. Decker as a member nad Chairman of the committee. The Mayor then stated that Hr. Davies was also a member and Chairman of a committee appointed by Council on December 31. 19S6. to make a ~urvey of the need for improvements in the City Jail and submit its report end recommendations thereon to Council. the Mayor advising that he. as a number of the committee, does not feel it necessary to fill the vacancy since the committee .is ~bout ready ta prepare its report, but that possibly Council should appoint a Ch·irman to replace Mr. Davies. Mr. Mebbe~ moved to appoint Mayor Ralter.L. Young as Chairman of the committee, vice Mr. Davies deceased. The not, on was seconded by Mr. Wheeler and adopted. BOARD OF ASSESSORS: The Mayor called to the attention of Council that the next quadrennial real-estate assessment will be made during the coming year and tha! Councfl should begin to consider the matter, particul.arly the amount of ~ompensatio~ to be paid the appraisers who will be appointed by the Judge of the Lam and Chaucer Court. Mr. Mebber moved to direct the Mayor to consult with the Judge of the Law and Chancery Court concerning matters in connection with the-next quadre~nial real estate assessment and submit his report thereon to Council. The motion was seconds by Mr. Mheeler and adopted. There being no further business, Council adjourned. APPROVED 307 $08 COUBCZi,, RRG~LA~ iRK'TiNG, Moodoy, October ?, 1,937, · The Coeocil of the Clt7 of Roosohe net in regulnr meeting ia the Couucil Chonber in the #uniolpol Building. Monday. Ootober 7. 1957. ut 2~00 otclock, p. n** the regular meeting hour. mlth the President. Mr. Young. presiding. PRESENT: Council members Decker. Pickett. ~ebber..lheeler. and the President Hr. Young ............................. 5. ABSENT: Hr. Dillordr .......... 1o OFFICERS PRESENT: Rt. Arthur S. Oueos. City Manager. Mr. Randolph G. Ihittle City Attorney. RF. Barry R. Yates. City Auditor~ end iF. J. Robert Thomas. City Clerk. IWVOCATION: The ~eeting w~s opened with a prayer by the Reverend Homer C. Bolt. Pastor of the Campbell Memorial Presbyterian Church~ MINDYES: Copy of the minutes of the regular meeting held on Ronday. Septenbe 23. 1957. having been furnished each member o~ Council. upon notion of Hr. ~beeler. seconded by NFS. Pickett and adopted, the ten,log mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council at its meeting of September 9, 1957. having set a public hearing for 2:00 o'clock, p. m., October 7, 1957, in the Council Chamber in the Municipal Buildin9, on the request of Mr. Richard Lisle that his property located the southwest corner of Broad ~t.reet and Milllanson Road, N. I., designated as Lots I and 2, BLock 1, Shady Lawn, be rezooed Ir.om Special Residence District to Business District, and notice of the hearing having been published in The R~anoke Iorld-~ems on September 20, 1957, and the City Planning Commission having recommended that the request be granted, the hearing was held. Mr. T, L. Plunkott, Jr., Attornc! for the petitioner, appeared and requested that Council concur with the recommendation of the City Planning Commission and grant the request of his client. Wo one appeared in opposition to the Fequesto Mr. Robber moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~13196) AN 0RDIRANGE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1955, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property of Richard Lisle at the Southwest corner Of Broad Street and M~lliau- Road in the City of Roanoke, Virginia, known as Lots I and 2, Block 1, ocoordin the Map of Shady~ Lawn, which lots are also knomn and designated as Official Serial ~umber 2161315 and Number 2161314, rezoued from Special Residence District Business District; and MRE~IRAS, the City Planning Commission has recommended that the above parcel of land be rezon~d from Special. Residence. District to nesiness District as requested nnd WHEREAS, notice required by Title XV, Chapter 4. Section 43. of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in *The. Roanoke World-News** a newspaper published In the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said nemspnper was held on the ?th day of October, 1957, at 2:00 o'clock, P. n** before the Conncil of the City of Roanoke in the Council Chamber in the Unnicipal BuJlding~ at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed resoning; and WHEREAS. this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4. Section 1. of The Code of the City of Roanoke. 1956. relating to Zoning, be amended and reenacted In the folloming particular and no other, viz: Property located at the Southwest cornerof Broad Street and Williamson Road in the City of Roanoke, Virginia. known as Lots I and 2, Block 1. according to the Map of Shady Lawn, designated on Sheet 216 of the Zoning Mop as Official Tax Number 2161313 and Number 2161314, be, and is hereby changed from Special Residence District to Hnsiness District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Council members Decker, Webber, Wheeler. and the President. Mr. Young .............................. 4. · NAYS: Mrs. Pickett ......... 1. .(Mr. Dillard absent) ZONING: Council at its meeting of September 9, 1957. having set a public hearing for 2:00 o'clock, p. m** October 7, 1957, in the Council Chamber in the RnnicipalBuildiug. on the request of Mr. James E. Cundiff that his property locate* on the north side of Carlisle Avenue. S. E., between Kindred Street and Hennington Street, designated as Lots 1. 2 and 3. Bloch l. Rastover Place. berezoned from General Residence District to Business District, andnotice of the hearing having been.published in The Roanoke World-News on September 20,~ 1957, and the City Plannin* Commission having previously submitted its report, advising that it* is of the opinion that there is no need .for additional business property at this time to serve the immediate neighborhood and that the resoning of the said lots would be contrary to the interests of nearby owners of.residential properties, the Planning CommlssioE consequently, recommending denial of the request, the hearing was held. Mr. Rarry~N. Lichtenstein, Attorney for Mr. Cundlff, appeared and stated that it is the intent Of his client to build a filling station on the property to serve the area~ that there are no filling stations'in the immediate area and that his cllent*s property is surrounded by numerous businesses in the immediate victnit 309 310 Appearing in opposition to the rezonlugo mere Reverend Jllllow W. Judy, Pastor or the Rlverdule Rsptist Church. Hr. Joseph #, Dowdy, 1626 Reunington Street, S, E** Hr. J, C, Peurce, 1410 Carliale Avenue, S. Re, Hr. Louis E, Blonkensbip, 1416 Drownlee Avenue, St E** end Hr. Nelson B. Baldwin. 1614 Edgerton Avenue, S, E. Mr. Dowdy also presented petitions signed by fifty-rue ether residents of the area in opposition. HFS, Pickett moved to concur in the recommendation of the City Planning Commission and to deny the request for resouing, The motion was seconded by Hr. Decker and. adopted, PETITIONS A~D COMRBNICATIONS: AUDITS-JUVENILE AND DORRSTIC R~LATIONS COBRT: The City Clerk presented a report of the Auditor of Public Accounts of the Commonwealth of Virginia, covering media of the accounts and records of the Juvenile and Domestic Relations Court of the City of Roanoke for the calendar years 1955 and 1956, which report stated that proper accounting has been made for all funds of record coming into the casted of the Court for the period under examination, but that the auditors experienced considerable difficulty in verifying the balances due individuals in support cases because of widespread bookkeeping errors in posting to the individual accounts and the control account and because bunk accounts were not reconciled periodically, which matters were reviewed with the Court personnel who were given instructions regarding the procedures to be followed to properly maintain the records, the repot stating further that the Judge of the Court was not bonded as provided under a new law enacted at the 1956 session of the General Assembly, but has assured the auditors that the bond will be entered into as required by law. The City Attorney advised that the Juv.eflile and Domestic Relations Court is under the control of the Commonwealth and that no action is necessary on the part of Council in the premises. Mr, Rheeler moved to file the rep.ora, The notion was seco.ndedby Mr. Decker and adopted. FIRE PROTECTION: The City Clerk presented a ~om~unicatlon from the Fire Prevention Committee of the Roanoke Chambe~ of Commerce, advising that the City of Roanoke will be surveyed again in 195g b~ tke National Board of Fire Underwriters and requesting that the city immediately institute a survey of its fire fighting facilities to determine what additional facilities are presently needed, with a of prorlding such facilities prior to the 1959 survey tn order to avoid a possible increase in deficiency points in respect to fire fighting equipment which might tend to increase the fire insurance rates in the city. Mr. Mebber moved to refer the matter to the City Manager for study and recommendation, The motion was seconded by Mr. Rheeler and adopted. REPOKTS OF OFFICERS: STREETS AND ALLEYS: Council at its meeting of September .23, 1957,. having referred to the City Manager for study and recommendation a petition from residents of the Greenway Court Addition. requesting that streets in the area be repaired, pared end maintained, the City Manager reported that a surrey conducted by him indicated that traffic conditions do not Justify widening of end major improvements to the streets, however, the city will maintain the streets ia quention under the city*n aormal maintenance program. Mr, Mheeler moved to concur in the report of the City Manager, The motion was seconded by Mr, Decker and adopted. BUDGET-SEWAGE DISPOSAL: The City Manager requested aa appropriation of ;300.00 to the Miscellaneous Expense Item in the Sewage Treatment Budget to cover the cost of advertising for personnel. Mr, #ebber moved to concur in the request and offered the following emergency Ordinance: (a13197) AN ORDINANCE to amend end reordoin *Operating Expenses" mr the i957 Sewage Treatment ruud Appropriation Ordinance, and providing for an emergenc~. (For full text of Ordinance. see Ordinance Book Ho. 22, Page Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the follomio~ rote:- ' AYES: Council members Decker, Pickett, Mebbero Mheeler. and the President, Mr. Young .......................... 5. NAYS: Hone ................. O. (Mr. Dillard absent) BUDGET-CITY MANAGER= The City Manager requested an appropriation of $50.00 to the Stationery and Office Supplies item in the City Manager 'account of the 1957 budget. Mrs. Pickett moved to concur in the request of the City Manager and offered the following emergency Ordinance: '(a13190) AN ORDINANCE to amend and reordain Section u3, *Manager", of the 1957 Appropriation Ordinance. mod providing for on emergency. (For fall text of Ordinance, see Ordinance Book No. 22. Page Mrs. Pickett moved the adoption of the Ordinance. The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Pickett. Mebber, Mheeler, acd the President, Mr. Young ............. ~ ............ 5. : · ' NAYS: Hone ................ -0. (Mr. Dillard absent) BUDGET-HEALTH DEPARTMENT: The City Manager requested a transfer of $500.00 from #ages to Supplies in the Health Department acc.ant of the 1957 budget. Mr. Mheeler moved to concur in the request of the City Manager and offered the following emergency Ordinance: (u13199) AN ORDINANCE to amend and reordain Section ~40, #Health Department* of the.1957 App~opriationOrdinance. and providing for an emergency. ' (For~foll text of Ordinance, see Ordinance Book Wa. 22, Page 207.) Mr. Mheeler movedthe adoption of the Ordinance. The motion was seconded by Mr.. Decker andadopted by the;following vote: AYES: Council members Decker, Pickett, Webber~ Wheeler, and the President. Mr. YOung .......................... 5. ' NAYS: None ........... ----:--0. (Mr. Dillard absent) ' 31:!. 312 BUDGET-POLICE DRFART#SWT-TBAFFIC: The City Msouger requested in epproprlctlc of $1,242.15 to provide for the purcbese of vehicle detector uults to be installed la the roadways In connection with the trnfrle control system la the Commouwealih Redevelopment Project area. said equipment to be f~rnlshed to the contractor by, the city. Hr. ~ebber moved to concur In the reqpest of the City #sn~ger end offered the folloming emergency Ordinance: (x13200) AN ORDINANCE to amend end reordnln Section r144. #Depurtmentel. Equipment end Improvements", of the 1957 Appropriation Ordinance, and providing for emergenCyo (For full text of Ordinance. see Ordinance Boob No. 22. page 207.) Mr. Mebber moved the adoption of the Ordinance. The motion mas seconded by M~. #heeler and adopted by the following vote: AYE~: Council nem~ers Decker. Pickett. Nebber. Xheeler, and the President, Mr. Young ................... % ....... 5. NAYS: None .................. O. (Mr. Dillard absent) PARKS Ah~ PLAYGROUNDS-CURB AND GUTTER: Council at its meeting ~f September 23, 1957, having referred to the City Manager [or study end recommendation a communication from Miss Elizabeth B, Glen~, suggesting that a portion qf the maple shade trees be removed and the curb repaired in front o~ her mother*s residence at ID§6 Graedin Road, S. ~., the City Manager submitted a report, advising that he has written Miss Glenn, informing her that tho city will install new curb in frost of the property if the owner will pay one-half of the cost, provided a peti.tion for installation of the curb is filed and the money fqr the construction is available at the time the request reaches its proper order in priority under the city*s rules and regulations, and that it is the city*a policy not to cut shade trees on the streets unless they are ~angerous or diseased, the City Manager requesting that Council concur in his action. Mr, Decker moved to concur in the report of the City Manager, The mo~ion seconded by Mr. #heeler and adopted, REPORTS: The City Manager submitted a ~eport of the Oepar. tment of Public. Melfare for the month of August, 195'7, and repo~ted other departmental .reports on file in his office. : Mr. #heeler moved to file the report. The motion was seconded by Mrs. Pickett and adopted, REPORTS OF COMMXTYEES: TRAFFIC: Cooncil at its meeting of September 30, 1957, having referred to a committee cousl[ting of Messrs. Vincent S, Nheeler, Chairman, Arthur S. Omens and John L, Mentmorth for at[dy and recontmendation a bid received from Corer Constructic Company, Incorporated, for the installation of traffic signal cables and Jelated mork in the Commonwealth Redevelopmqnt ProJect area, in the amount of $11,735.~5, the committee submitted its report, advising that the bid is in order, :the amount thereof being very close to the estimate of the cost prepared by the Engineering. Department, and recommending that the bid be ~ccepted, : Mr, ~ebber moved to concur in the reconmendotlon of the committee nnd offered the following emergency Ordinance: (813201) AN ORDINANCE occeptlng the proposal of Corer Construct.ion Company, Incorporated, Roanoke, Virgiaic, for the installation of foundations and conduits for tn underground signal system on ~llllemson Road, N. E** betmeen Second Street and Orange Avenue, in the total sum of $11,735,?$~ authorizing and directing the City Manager to execute the requisite contract; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 200.) Mr, #ebber moved the adoption of the Ordinance. The motion wes seconded by Mrs, Pickett and adopted by the following vote: AYES: Council members Docker, Pickett, Rabbet, Mheeler, and the President, #v. Young .......................... NAYS: None ................. O. (Mr. Dillard absent) The City Manager then advised that it will be necessary to appropriate ~11.735.75 for the contract. Mr. Nebber offered the following emergency Ordinance appropriating the fend~ (u132~2) AN ORDINANCE to amend and reordain Section u144. *Departmental Equipment and Improvements#. of the 1957 Appropriation Ordinance. and providing fmr an emergency. (For full text of Ordinance. see Ordinance D,ok No. 22. Page 209.) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: - AYES: Council members Decker. Pickett. Mebber. Mheeler. and the President. Mr. Young ..........................5. NAYS: None .................. O. (Mr. Dillard absent) UNFINISHED BUSINESS: : ZONING: Council at its meeting of August 25. 1957. having referred to the City ~lanning Commission for study end recommendation a request of Abner M. Murray. et al. that property fronting 504.12 feet on Melrose Avenue. N. W** in the 3400 block, be fez,ned from General Residence District to Business District. the City Planeie~fComminsion~submitted its report, advising that after studying the prelim- inary plans for the building to beconstructed on the properly of J. A. Suttenfield and Eden J. Becket is ef the opinion that the lots are suitably located.and adapted for the proposed use. but that the rear portion of the property in more desirable for residential than for business uses. therefore, the Commission feels provision should be made for a.SO-foot street projectedthrongh the said property 400 feet from'and parallel to Melrose Arenue~ a preliminary plan of mhich street has been preparedand studied by both.theproperty owners and the Planning Commission. the Commission advising that it in the understanding of that body that the two property owners will dedicate land.for the proposed.street.through their lots. provided that the front p,rtl,nor said lots in rex,ned as requested, and recommending that Council grant the reqgest of J° A. Suttenfield. et Mx. that Official L.tN.. 2660107. and Edna J. Beck~ et vir. that OfficialLot.No..2660120 be fez,ned from 313 314 General Residence District.ko Business District for a depth or 400 feel from the north side of eelrose Avenue, conditioned upon lhe dedicelJon of land for the pro- ~osed street, The City Planning Commission further stated that upon consideration of the fact hat there is no lmnediate, us~ proposed rot the property of Abner R, Murray, :designated as Official Lot No, 2660109, the Commission feels that said property should remain classified as General Residence District and recommended that the !request for. the rezoning of the said lot be denied, The City Clerk advised that the attorney for the petitioners has requested public hearing on the question of rezoning all three properties concerned, Mr, Bheeler moved to hold a public hearing in the matter at 2:00 otclock, p, m,, November 4, 1957, in the Council Chamber., end that. the attorney for the petitioners be directed to prepare proper, hotlc~ of said heaving, have .it approved by the City Attorney and present it to the City Clerk for publication, The motion seconded by Mr, Decker and adopted, ZONING: Council at its meeting of September 23, 1957, having refe~Fed to the City Planning Commission for study and reconnendation a request of #r, Roy Pollard, Jr,, that Lots 9, 10 amd Il, Olock 66, Relrose Land Company, located on the north- easterly corner of Melrose Avenue and Nineteenth Street, N, #., be raze.ned from Special Residence District to Business District. the City Planning Commission sub- mitted its report, advising taut in its opinion use of the said lots for .the purpose intended will result in a considerable improvement over the existing conditions that the proposed use will not materially change the general character .of the neighborhood, the Commission recommending thaL the request be granted. Mr. ~ebber moved to hold a publi.c hea~lng in the matter at 2:00 o'clock, p, m., November 4, 1957, in the Council Chamber, and that the attorney for the petitioner be directed to prepare the proper notice of said hearing, have it approved Ay the City Attorney and present it to the City Clerk for publication, The motion was seconded by Mr. Mheeler and adopted. GRADE CROSSINGS-STREETS AND ALLEYS: Council at its meeting of March 4, having referred to the City Planning Commission for study and recommendation a request of M~. Ralph A. Glasgow that Council request The Virginian Railway Company to maintain a crossing over its tracks at Roanoke Avenue, S. W., into him property, the City Planning Commission submitted its report, calling attention to its report of September 25, 1953, at which time it expressed the opinion that the question of to the petitioner's property was a matter to be determined between The Virginian Railway Company and the petitioner, and advising that in making a current investigation the Commission ~as been advised by an attorney for The Virginian Railway Company that the matter has been discussed with the petitioner with respect to a private crossing, that un estimate of the cost of the private'crossing has beet submitted to Hr. Glasgow and that the Railway Company will construct said private crossing only at the petitioner~s expense, in view of uhich facts the Commission feels that no a~tion is necessary on.the part of thecity, #r.'Wbenler moved to eoneor'ihtthe report of the City Planning'Cbmmlssion. The motion uss seconded by Hr, Decker-iud adopted. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: DONATIONS-STREETS AND ALLEYS: Ordinance No, 13186, authorizing the proper city officials to approve n certain instrument for the partial vacation of plat or Summit Hills. Subdivision No. 1. in Haanohe County, nnd authorizing the acceptance of a deed to the City of ~oaeohe of certain property located in said subdivision, adjoining' the west corporate line of the city, having previously been before Council for its first reading, read and laid over; mas again before the body, The City Clerk reported that Mr, Kossen Gregory, Attorney for thepetition~ In the matter, has requested that Cooncil defer action on the second reading of the Ordinance until its next regular meeLlng, i~ order that he nay have time for certain negotiations with the County of Roanoke, Hr, Webber moved to table the Ordinance until t~e next regular neetin§ of Council, The motion Was seconded by Mr, Decher and adopted. BUDGEToIIOUSING-STREETS AND ALLEYS: Council .at its meeting of September 30° i1957, having directed the preparation of an Ordinance providing for aa appropriation of $48,279,00 and providing for the payment of that sum to the City of Roanoke Redevelopment and Hoasing Authorityto cover the cost of improvements to Second Street, N.. E,, in the Commonwealth Redevelopment Project, Mr. Hheeler offered the following emergency Ordinance: (m13203) AN ORDINANCE appropriating $48,2?9.00 to pay the cost of making improvements to Second Street, N, E,; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook Ho. 22, Page M~. Wheeler moved the adoptionof.the Ordinance. Themotion was seconded by Hr, Webber and adopted by the following vote: AYES: Cquncil members Decker, Pickett; #ebber, Wheeler, and the President, Mr. Young .......................... 5; ' NAYS: None ................ ~0. '(Mr. Dillard absent) CROSSOVERS-STREETS A~D,ALLEYS: Council at its:meeting of Septemher S0. 1957, having directed the.revision of,a proposed Resolution to provide that permission be granted to-Yhe Atlantic RefiningCompany to:construct two 40-foot crossovers from Hllllamson Road into its property located at the northeast corner of Williamsol Road and Hershberger Road, N. W., Mr, Webber offered the following Resolution: (m13204) A RESOLUTION authorizing the Director of Public Horhs to issue a permit for theinstallation of two dO-foot sidewalk crossovers from Williamson Road into the property of The Atlantic Refining Company situate on the northeasterly corner of Wllliamson Road and Hershberger Road. (For full text of Resolution, see Resolution Hook No. 22, Page Hr, Webber moved the adoption of the Resolution. The motion was seconded by Hr, Wheeler and adopted by the following vote: AYES: Council members Decker, Pickett, Webber, Hheeler, and the President, Mr. Young .......................... 5. NAYS: None ................. O. (Mr. Dillard absent) 31~5 316 BONDS-SCHOOLS: Council ut its meeting of July 15. 1957. having directed the preparation of an Ordinance providing for u freeholders' election on the question or Issuing $8.000.000.00 or School Improvement Sends. Mr. Mheeler moved that the follouing Ordinance be placed upon its first rending: (x13205) AN ORDINANCE dir~cting tad providing rev the holding of an electio, in the City of Roanoke. Virginia. to determine mhether the freehold voters of the City of Roanohe alii approve an ordinance. No. 13180. ~uly adopted by the Council or the City or Rounohe on khe 30th day or September. 19S?. BE IT ORDAINED by the Council or the City of Roanoke. Virginia. as follows: 1. An election shall be held in the city of Roanoke on the llth day of March. lg58. to determine mhether the fveehmld voters will approve the following ordinance: No. 13180. AN ORRINA~aS to provide for the issue of bonds not to exceed Eight Million Dollars ($8.880.088) to defray the cost of permanent public leprovemeats., to-wit: acquisition oI sites fo~. construction of. completion of. additions to and i~prove- meats in public school buildings. 2. The Sergeant of the City of Roanoke and the judges of election herein- after designated are hereby directed to open polls at the several voting ~lnces in the City of Roanoke on the llth day of March. lgSa. for the purpose of submitting said ordinance to the ~reehold voters or the City of Roanoke for approval.. 3. The Sergeant of the City of Roanoke is hereby directed to give public information of said election, setting forth the time and place thereof by publishing a notice of the same in a newspaper of general circulation in said City and publishe In said City. for the space of ten days. and by posting a copy thereof at each vot- ing place in said City at least ten days before the date of said election. 4. The judges and clerks .for the several voting precincts in the C£ty of Roanoke are hereby appointed to conduct said election, and in case of failure of any or more of them to act, then the place or places of such shall be filled in the provided for in case of regular eLectioes. : 5. The electoral board of the Cityof Roanoke shall, at least ten days prior to the date of the election herein provided for, have printed proper ballots to be voted at said election, and such ballot shall be in the following form: CITY OF ROANOKE BOND ELECTION OF March 11, 1~5~ ~UESTION: Shall 0rdinance No, 13180, adopted by the Council of the City of Roanoke on the 30th day of September. 1957, entitled 'An Ordinance to provide for the issue or bonds not to exceed Eight Million Dollars ($8,000,000) to defray the of permanent public lmprovement~, to-wit: acquisition of sites for, construc- tion of. 'completion of/ additions to and improvements in public school buildings," be approved? FOR '--~ AOAINST · The following Is printed on this ballot pursuant to the provisions, of Sectio.a 47 of the Charter or the City of Roanoke:' ' . ~Yhe city council is authorized If necessary to increase the tax rate above tug dollars end fifty cents ($2,50) on the one hundred dollars ($100) of assessed value of real and personal property to pay the principal 4nd'interest of'any bonds approved by this election',' ! 6; The ballot shall be prepared in conformity with the provlsldns of Section 24-141 Code.of Virginia,-lg$O, 'and each voter shall mark his ballot in the manner prescribed by said section. Such ballots shall be d~llvered to the Judges. Of election, for use in the.said.election, in the'same manner aa ballots are delivered to the Judges of election in regular elections. 7. Said election shall be conducted in the manner prescribed by lam for the conduct of regular elections. 8. The Judges of election shall immediately after the closing of the tolls count the ballots deposited and shall within two days thereafter make mritten return of the result of said election to the City Clerk, specifying the number of votes cast for and the number of votes cast against the question voted upon. Said return shall be presented to the City Council at its next regular meeting and shall be spread upon the journal, and the said judges shall further seal up the ballots and within two days after closing the polls transmit the same to the City Clerk to be kept among the archives of the Council, and said ballots shall remain sealed during the space of twelve months thereafter without the order of Council. The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, Pickett, lebber. Nheeler, and the President. Hr. Young .......................... 5. NAYS: None ................. O. (Mr. Dillard absent) AIRPORT: Council at its meeting of September 23, 1957, having directed the preparation of an Ordinance amending The Code of the City of Roanoke to provide for rental on Hangar #3 at the Roanoke Municipal Airport, Hr. Mebber offered the follom~ng emergency Ordinance: (~13206) AN ORDINANCE amending and reordaintng Sec. 10. Hangar building rentals, of Chapter 5, of Title VIII, of'The Code of the City of Roanoke, Virginia, 1956, as amended by Ordinance No. 12953, establishing a schedule of rates and charges for the use and operation of Roanoke Municipal Airport, (Noodrum Field); and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22. Page 291.) Mr. ~ebber moved the adoption of the Ordinance. The motion was seconded by iRr. Wheeler and adopted by the following vote: AYES: Council members Decker, Pickett, Hebber, Nheeler, and the President. Mr. Young .......................... NAYS: None ................. O. (Mr. Dillard absent) MOTIONS Alii) MISCELLANEOUS BUSINESS: '3'17 '3'~8 CODHCIL: The #ayor stated that under the provisions of the City Charter it will be necessary for Council to elect a successor to the Houorable Herbert A, Davies, deceased, as 8 member or Council within thirty days from the date oi #r. Daviese death which Mas September 13, 19~, amd tha~ this is the last regulu¥ meeting during that period. Mr. Rubber moved to bold u special meeting of Coucil at 12~00 o*cloch, moon, Thursday, October 10, 19~, rot the purpose or electing a meeber o~ Council to sacceed the Honorable Herbert A. Davies, deceased. The motion Mas seconded by #r. #heeler and adopted. There being no further business. Council adjourned. APPROVED Cler~ Pr~sideat COUNCIL, SPECIAL ItEETING, Thursday, October 10, 1957. The Council or the City of Roanoke met in special meeting in the Lmm nnd Chancery Court Room in the Municipal Building, Thursday, October 10, 1957, at 12:00 *icl*ch, noon, rot the purpose of electing a successor to the Honorable Herbert A, Daules, deceased. PRESENT: Council members Decker, Dillard, Pickett, #ebber, Mheeler, and the President, Hr. Young .................. 6. ABSENT: None ...................... O. OFFICERS PBESENT: Mr. Arthur S, Owens, City Manager, Mr. Randolph G. #hittle, City Attorney, Mr. Harry R. VaSes, City Auditor, and Mr. J. Robert Thomas, City Clerk. CODNCIL: The Mayor stated that the present meeting was set by Council at its meeting of October ?, 1957, for the purpose of electing a successor to the Honorable Herbert A, Dauies, deceased, ah*se term will expire August 31, 1958, and called for nominations. Mr. #ebber placed in nomination the nan* of Hr. E. £. West, Jr. There being no further nominations, the Mayor declared the nominations closed. Mr. E. E. #est, Jr., was elected a member of Council to fill the unexpired term of Mr. Herbert A~ Davies, deceased, said term expiring August 31, 1950, by the following vote: AYES: Council members Decker, Dillard, Pickett, Mebber, Nh*el*r, and the President, Mr. Voung---~ ............... NAYS: None ..................... O. The meeting was adjourned. APPROVED AT ./ 3:~9 320 COONClL, REGULAR MEETING, Monday, October 14, 1957. The Council or the City of Roanoke met Jn regular meeting ia the Council Chamber in the Municipal Building, Monday, October 14, 1957, at 2:00 o'clock, p, m. the regulhr meeting hour, mith the Prbsident, Mr. Young, presiding. The City Clerh reported that Mr. E. E. West, Jr** hun qualified aa a member of Council to fill the vacancy caused by the death of the Honorable Berbe~t A. Oavies f6r the period ending August 31, 1958, on October 11, 1957; whereupon, Mr. Meat tooh his seat on Council and was welcomed by Mayor Walter L, Young. PRESENT: Council members DecNet, Dillard, PicRett, Webber, West, Wheeler, and the President. Mr. Young ......... LT. ABSENT: None ...... L ........... 0.' OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Mr. Randolph G. Whittle City Attorney, Hr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a praye~ by the Reverend S. Earl Harebell, Pastor of the First Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on Monday, Septem- ber 30, lgST, having been furnished each member of Council, upon motion of Hr. Wheeler, seconded by Mr. West and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ROWEl PETITIONS AND CORRUNICATIONS: SCHOOLS-SIDEWALKS-STREETS AND ALLEYS: The City Clerk presented a petition from residents in the vicinity of the Huff Lane School, requesting that B~ff Lane, N. W.. between Durham Street and Avalon Avenue, be widened and paved a~d that a sidewalk be constructed thereon, the petitioners stating that the condition of the street Is unsafe, a detriment to the appearance of the neighborhood and hazardous for children going to and from school. : Mr. W. Donald Dobbs, one of the petitioners, appeared and requested that Council give serious consideration to this matter since most of the children going and from Huff Lane School have to use this street. Mr. Webber moved to refer the matter to the City Ranager for study and recommendation, his report to include the cost of the improvements requested. The motion was seconded by Hr. Wheeler and adopted. SCHOOLS-PARKS AN~ PLAYGROUNDS: The City Clerk presented a petition from residents in the vicinity of the Duff Luna School, requesting that that portion of the Huff Lane School site in excess of school requirements be developed for use as park for residents and children of the immediate area. Mr. M. Donald Dobbs. one of the petitioners, appeared and stated that there no recreational facilities in this area for children except by crossing the heavily travelled Williamson Road to Preston Park which is a considerable distance and dangerous for the children, Mr. Dobbs requesting that some immediate action be taken on this request. #r, Wheeler moved to refer the request to the City Wsssger end the Roanoke City Sthool Board for study end recommendation. The motion wes seconded by West and adopted. STREEYS AND ALLEYS: The City Clerh presented u petition from Wt. John Willett, requesting that · certain map alley or roadway in the city running in u northwesterly direction approximately 220.g3 feet from Orange Avenue ut a point approximately 316 feet west of the intersection oF Orange Avenue and Courtland Road. N. E.. and coming to a dead end, be vacated, discontinued end closed, end reqeestin! that connissioners be appointed to vlem the property and report thereon. Hrs. Pickett moved to refer the petition to the City Planning Commission For study and recommendation. The motion uss seconded by Br. Decker and adopted. Hrs. Pickett then offered the Following Resolution appointing viewers as requested: (u13207) A RESOLDTION providing For the appointment of five freeholders, any three oF whom may act as viewers in connection with the petition of John Willett to permanently vacate, discontinue and close u certain map alley or roodws! in the City oF Roanoke running in a northwesterly direction 228.93 Feet From Orange Avenue at a pein? approximately 316 Feet mast oF the intersection oF Orange Avenue and CouFtland Road, N. E** and coming to a dead end. (For full text of Resolution. see Resolution Book No~ 22, Page 294.) Mrs. Pickett moved the adoption er the Resolution. The motion wasseconded by Mr. Decker an~ adopted by the Following vote: AYES: Council.members Decker. Dillard. Pickett. ~ebber. West. Wheeler. and the President. Mr. Young .......... NAYS: None ................ PENSIONS: The City Clerk presented a communication From the Board oF Trustees oF the Employees' Retirement System. advising that the report oF #r. Ceorge D. Buck. Consulting Actuary. covering the system's accounts for the year 1956, Is on File with.the Secretary oF the Board and available to members of Council. Hr. West moved to fll~ the communication. The motion mas seconded by Mr. Nheeler and adopted. CONTBIBDTIONS: The City Clerk presented a communication rFom the Roanoke Chapter of American War Hothers.~requesttng thatCouncil appropriate fundsto assist It in holdlng.a convention during the month.of October. 19$T,~in Roanoke. Mr. Wheeler moved to deny the request in line with the polic! of.Council. The motion was seconded by.Hr~ Decker and adopted. STREET LIGBTS: The'City Clerk presented a.communication from the Appala- chian Electric Power Company, reporting the installation oF one 21000 lumen and five2500 lumen street lights and the.removal of two 6000 lumen and three 2500 lumen street lights in the city during the month.orSeptember, 1957.. Mr. Webber moved to file the report. The motionwas seconded by Hr. Wheeler and adopted. 321 322 REPORTS OF OFFICERS: OI~DGET-CITY CLERK: The Clt7 Manager requested an appropriation of $100.00 Stationery and Office Supplies ia the Clt7 Clerk's account of the 1957 budget. Mrs. Pickett moved to concur ix the request or the City Manager amd offered the following emergency Ordinance: (u13208) AN ORDINANCE to amend end reordeie Section a2, m¢lerk#, or the 1957 Appropriation Ordinance, and providing for an emergency. (For full text o£ Ordinance. see Ordinance Book No. 22. Page 295.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the follomiag vote: AYES: Council members Decker. Dillard, Pickett, Webber, West. Wheeler, and the President, Mr. Young .......... ?. NAYS: None ................ O. APPOXNYMENYS-SE#AGE DXSPOSAL: The City Manager reported the appointment of Mr. H. S. Zlmmerman as Acting Superintendent of the Semage Treatment Plnnt, effective October 11, 19S?o The report mas ordered flied. MATER DEPARTMENT: ~be City Manager reported that the Water Department has moved its office to Its new building on Kirk Avenue, S. W.. and that the old office building on Salem Avenue, S. E., is vacant, the City Manager recommending that he be authorized to raze the building and call for bids for the purchase of the land. Mr. Wheeler moved to concur In the reoommendation of the City Mnnager and offered the following emergency Ordinance authorizing the razing of the building: ¢g13209) AN ORDINANCE authorizing the razing of the old Water Department office building; end providing for nn emergency. {For fall text of Ordinance, see Ordinance Rook No. 22, Page 29S.) Mr. Wheeler moved the adoption of the Ordinance. The motion wes seconded by Mr. Deoker and adopted by the following vote: AYES: Council members Decker. Pickett, Webber. West. Wheeler, and the President, Mr. Young ............ 6. NAYS: Mr. Dillard ....... 1. Mrs. Pickett then offered the following Resolution with regard to sale of the land: {u13210) A RESOLUTION directing the City Manager to cause to be made public advertisement for sealed bids for the purchase of the old office building of the Water Department. (For full text of Resolution, see Resolution Book No. 22, Page 296.} Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Pickett, Webber, West, Wheeler, and the President, Mr. Young~ ........... 6. NAYS: Mr. Dillard ....... 1. WAGES-CITY EMPLOYEES-LIBRARIES: The City Manager transmitted a request of the Roanoke Pablic Library Board for reclassification of the Reference Librarian to a new title *Assistant Director and Reference Librarian# and the creation of a hem ~osltlon or Cataloging Assistant ia the Library. Hr. Rheeler moved to refer the request to the Job Classification :ommlttee composed of Messrs. Roy L. Webber, Chairman. Leigh D. Hanes. Jr** J. P. Cruickshank, £. W. gushton, Arthur S. Owens and J. Robert Thomas to recommend classification and pay schedules for the two positions as requested. The motion was seconded by Hrs. Pickett and adopted. REPORTS OF CORRITTEES: NONE. UNFINISHED BUSINESS: BOARD OF ASSESSORS: Mayor Young reported that he and Mr. Wheeler have con- ferred mlth the Judge of the Law and Chancery Court concerning the appointment of appraisers for the 19SD quadrennial assessment of real estate for taxation and that Judge S. L. Fellers has advised that within ten days he will name the three assessors, that while the assessors cannot actually appraise property until Janu- ary 1,-1958. considerable work can be accomplished by them prior to that date which mould facilitate assessment of real estate next year, Judge Fellers suggesting that Council consider providing funds for the assessors* compensation and necessary expenses in order to'accomplish this work during the current calendar year and that the assessors be paid $40.00 per day each for their services, the Rayor recommend- lng that $5,000.00 be appropriated for this purpose. Hr. Decker moved to concur in the recommendation of the Mayor and offered the following emergency Ordinance: (z13211) AN ORDINANCE to amend and reordain Section u6, "Board of Assessors~ of the 1957 Appropriation Ordinance, and provtdin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 297.) Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Hr. Rheeler and adopted by the follow~ng vote: AYES: Council members Decker, Dillard, Pickett, Webber, West, #heeler, and the President, Mr. Young .......... 7. NAYS: None ................ O. CONSIDERATION OF CLAIMS: NONE. XNTROBUCYXON AND CONSXDERAYXON OF~ORDZNANCES AND RESOLUYZONS: DONAYIONS-SYREETS AND ALLEYS: Ordinance No. 13186, authorizing the proper city officials to approve n certain lnstroment for the partial vacation of plat of Summit Hills. Subdivision No. l, In Roanoke County, and math. Flying the acceptance of a deed to the City of Roanoke of certain property located in said subdivision, adjoining the west corporate line of the city, having previously been before Council for its fJrst~rehdlng, read and lald oveF, was again before the body. Rt. Kossen GregoFy~ Attorney for the petitioners in this matter, appeared before Councll and stated that he has been unable to secure concurrence of the County of Roanoke in the Ordinance pending before Counctl,.the County specifically being opposed to deeding a portion of the land known as Nichols Street to the City of Roanoke, but preferring to have the land proposed to be deeded to the city under Ordinance No. 13186 properly dedicated.for public use, the title thus remaining Jn 323 324 t~e county where the laud Is located, Hr. Gregory requesting that the Ordinance aaa pending before Council be defeated and a new Ordinance adopted providing rot tkese changes. Mr. #ebber offered the tailoring 0rdluauce for its second reading tad final adoption: (z13186) AN ORDINANCE authorizing the proper City officials to approve a certain lnstruuent for the partial vacation of plat of Summit Hills, Subdivision No. I in Roanoke County, Virginia, and authorizing the acceptance of a deed to the City of Roanoke of certain property located in said subdivision adjoining the west corporate line of the City. (For rail text, see Council Minutes of September 30, IRS?.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and lost by the following vote: AYES: None ............ O. NAYS: Council members Decker, Dillard, Plebe,ts Webber, West, Wheeler, and the President, Hr. Young ...... Mr. Webber then moved that the following Ordinance be placed upon its first reading: (~13212) AN ORDINANCE authorizing the proper City officials to approve a certain instrument for the partial vacation of plat Of Summit Hills, Subdivision No. I In Roanoke County, Virginia. WHEREAS, all of the owners of the lots and other land situate In that cer- tain subdivision known as Summit Hills. Subdivision No. 1, a plat of which was prepared by C. B. Malcolm and Son, Virginia S. C~ E., dated January 18, 1955, and recorded May 10, 1955, in the Clerk's Office of the Circuit Court of Roanoke County Virginia, in Plat Dook 3, page 159, have executed and acknowledged an instrument for recordation in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, by which instrument, It is declared to. be the agreement of said parties that that portion of said plat thereon designated and shown as Nichols Street, be permanently vacated upon the Joint approval of the Roanoke City Engineer, the Roanoke City Planning Commission by its agent, the Roanoke County Planning Commis- sion by its agent and the Chairman of the Board of Supervisors of Roanoke County; and WHEREAS, it is requested that the Council of the City of Roanoke, Virginia, authorize its said officials to approve said instrument in accordance with Sections 15-799, 15-800 and 15-803 of Michiets Code of Virginia, 1950; and WHEREAS, E. F. Nichols and Atlas Elizabeth Nichols. his wife, have agreed to effectively dedicate for any public use a certain portion of that parcel of land to be vacated, in Roanoke County, situate along the westerly corporate line, bounded and described as follows: BEGINNING at a point designated as Corner No. 3 from Plat of Summit Hills, _ Subdivision No. 2, recorded In Roanoke County Plat Book 3, page 150; thence S. 72 degs. IRS E. to a point in the center of Peters Creek; thence down the center of Peters Creek and with the westerly corporation line of the City of Roanoke as shown on the plat of Summit Rills. Sub- division No, I recorded lm Roanoke Cotaty Plat Rook 3e page 1595 thence the follow- lag courses and d£st~nces as shana on the Plat or Summit Rills, Subdivision No. 1, Roanoke County Plat Rook 3, page 159; S, I deg. 30s R, to Corner SE; S. I deg. N. 65 feet to Corner eF~ S. ? degs. ISe 100 rent to Corner eG~ S. 12 degs, 20* : 100 feet to Corner a~ S. 13 degs. 50' 103 feet to Corner ag~ S. 4 degs. E. 122 feet tm Corner elo~ S. 19 degs. 30' E. R3 feet to Corner all; S. 35 degs, 30* E, feet to Corner u12~ S. 6 degs,~lS' E. 100 feet to Corner alS~ S. 21 degs. 40* E. 100 ~ feet to .Corner al4; 5. 25 degs. R. 102 feet to Corner miS; thence S. 25 degs. E. to a point on the southerly boundary line of the property conveyed to ~. F. Nichols and N. Trinkle by Hargaret Rushong; thence along said boundary S. 72 degs. 45' N. 100 feet. more or less, to a point; thence crossing the westerly end of Bowles Avenue. in all a total distance of 127 feet..more or less, to Corner all as shown on the plat of Summit Hills, Subdivision No. 2 recorded in Roanoke County Plat Hook 3, page 160; and thence the following courses and distances according to. the plat of Summit Hills, Subdivision Ho. 2; H, 21 degs. 40* W. lOS. S9 feet to Corner alO; N. 1R degs. 36* W. 262.19 feet to Corner ag; N. 4 degs. ~. 150.5 feet to Corner nB; N. 13 . degs. SO' E. ll?.Sfl feet to Corner ~?; N. 12 degs. 20~ E. 94.25 feet to Corner w6~ H. ? degs. 15' E. 90.32 feet to Corner as; H. 1 deg. IS* E. 5?.36 feet to Corner n4; N. 1 deg. 30' M. ?3.69 feet to Corner nS; the place of BEGINNING: and have offered to enter into a covenant to run with the title to the property situate adjacent to the aforesaid strip and extending to the soath line of U. S. Route a4&o to the effect that should the City or County hereafter acquire by pur- chase, condemnation or otherwise, the aforesaid adjacent property for public street purposes, then and in such event, the City or County shall not be required to pay aa part of the cost of acquisition of such land, the cost or value of any improve- ments constructed upon such adjacent property, but shall be liable for the value of the land only. YREREFOR£, RE XT ORDAINED by the Council of the City of Roanoke that said Council officially expresses its approval of the vacation of that portion of the land known as "Nichols Street* on the plat of the subdivision known as Summit Hills Subdivision No. 1, reoorded In.the Clerk*s Office of the Circuit Court of Roanoke County in Plat Book 3, page 15g and does hereby authorize and direct the City Engineer and the.City Planning Commission by its agent, to approve in writing, the aforesaid instrument dated Hay 1, 1957, theretofore executed and acknowledged by th* respective owners of lots and other land in said subdivision, upon presentation to them of a properly executed plat for reco~datiou effectively dedicating for any public use that parcel of land located in Roanoke County and hereinbefore described and upon the further presentation of a properly executed Instrument for recordation incorporating the covenant hereinabove set out, to run in perpetuity, and which shall be first approved as.to form and execution by the City Attorney. The motion was seconded by Mr, Dillard and adopted by the following vote: AYES: Council members Decker, Dillard. Pichett, Mebber, Nest, Wheeler. and the President. Mr. Young .......... NAYS: None ................. On 325 326 ZONINGt Ordinance No.. 13196, rezoalag property .located at the southwest of Broad Street cad Billlanson Road, N, M,, known as Lots I nad 2, Block 1, Shad7 Lawn, iron Special Residence District to Oasiaesn ~ls~rict, having previously been before Council for Itc first reading, read and laid over, was again before the body, Hr. Wheeler offering the following for its second reading and final adoption: (813196) AN ORDINANCE to ahead and reenact Title XV, Chapter 4, Sectlon 1, of The Code of the City of Roanohe, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Boob No. 22. Page 291.) Mr. Wheeler Bayed the adoption of the Ordinance. The motion was seconded by Mr. Oecher and adopted by the roll,wing vote: AYES: Council members Oecher, Dillard, Webber. West, Wheeler, and the President. Mr. Young ............ NAYS: Nra. Pickett ......... 1. BO~DS-SCBOOLS: Ordinance No, 13205, directing and providing for the holding of an election to determine whether the freehold .voters of the City of Roanohe will approve Ordinance No, 13180, providing for the issue of School Improvement Bonds exceed $8,000,000,00, having previously been before Council for its first readin read and laid over, wes again before the body, Hrs. Pichett offering the following for its second reading and final adoption: (a13205) AN ORDINANCE directing and providing for the holding of an electio in the City of Roanohe. Virginia. to determine whether the freehold voters of the City of Roanoke will approve an ordinance. NO. 131GO. duly adopted by the Council of the City of Roanoke on the 30th day of September. lq5T. (For full text of Ordinance. see Ordinance Book No. 22. Page 292.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decher. Dillard. Pickett. Webber. West. Wheeler. and the President. Mr. Young ........... NAYS: None ................. OD MOTIONS AND MISCELLANEOUS BUSINESS: PLANNING COMMISSIONS: The City Clerk reported that Mr. Vincent S. Wheeler has qualified as a member of the Roanoke Valley Regional Planning and Economic Development Commission to fill the unexpired term of Nr. Herbert A. Davies. deceasec ending December 31, 1958. The report was.filed. WATER DEPARTMENT: Mayor Young reported that subsequent to the special meeting of September 21. 1957. when Coencil received the bid of Cassell and Utt. Iroler and Bowman. and James M. Largen. in the amount o~ $S0.000.00. for salable timber on Beave~ Dam and Falling Creeh Watersheds of the Water Department. which bid the city rejected, representatives of the bidders have met with him. and after some negotiation, have offered $75.005,00 cash for the said timber under the same terms and conditions it had pre~iously been offered for sale with the exception that the bidders be permitted to start cutting.the timber on Trac~ C rather than on Tract A as specified, that they be permitted to go back to cutting timber after · unit Of, only eight hours after a rainfall exceeding one-half inch rather than unit seventy-two bourn as originally req·lred la the specifications, and that the specifications ~pecifically permit use of the present roads in the area by them in their timber cutting operations, The Mayor stated further that he bas consulted math various operators in the business and has concluded that the offer is · fair one to the city and probably will not be exceeded In · future advertisement if such should be held. the Mayor recommending that Council accept the bid Of C·ssell and Utt, Iroler and Bowman, and James M. Largen, Blllsvllle, Virginia, as reported by him. Mr, Webber moved to concur in the recommendation Of the Mayor and to direct the City Attorney to prepare a Resolution accepting the bid and authorizing the awarding of the contract with the exceptions as requested. The motion was seconded by Mr, Mheeler and adopted. There being no further business, Council adjourned. APPROVED AT~ ES~: / ~ · .. ~...¢, / V'~C~e~t'/ President' / '327 328 · COONCILe~REGULAR MEETING, .~ : Monday, October 21, The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the #unicipol Building, Monday, October 21, 1957, at 2:00 o'clock, p. m. the regular meeting hour, with the President, Mr. YoUng, presiding'. PRESENT: Council members Decher, Dillard, Pickett, Webber, Nest, Wheeler, and the President, Mr. Young ............... 7. ABSENT: None ....................... O. OFFICERS PRESENT: Mr. Randolph G, Whittle, City Attorney, Mr. Harry R. Yate City Auditor and Acting Cl~y Manager, and Mr. J. Robert ~hemas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend ~rthur Moorefleld, Pastor of the Second Mesleyan Methodist Church. MINUTES: Copies of'the minutes of the regelar meeting of October 7, 1957; the special meeting of October 10o 1957; and the regular ~eeting of October 14~ 1957, having been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Mr. Decker and adopted, the reading mas dispensed math and the minutes : approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SEWERS: The City Manager having advertised for bids for the construction of a sanitary sewer to serve a portion of the East Gate Addition, the City Clerk reported that Gimbert and Gimbert, Incorporated, delivered a bid to his office eight minutes past the deadline of 12:00 o'clock, noon, for receipt of such bids. Mr. Dillard moved to accept the bid of Gimbert and Gimbert, Incorporated. The motion was seconded by Mr. Wheeler and adopted. The following bids were then received: Gimbert and Gimbert, Incorporated, $82,132.25; M. S. Hudgins, Joe Hudgins and Claude Pace, Jr** $85,612.00; and Pioneer Construction Company, Incorporated, $56,580.25. Mr. Webber moved to refer the bids to e committee composed of Messrs. Arthur S. Owens and John L. Wentworth for tabulation and report. The motion mas seconded by Mr. Mesa and adopted. ZONING: A public hearing having been set for 2:00 o'clock, p. m., October 21 1957, in the Conncil Chamber, on the request of J. Cutchin Hodges, et al, that their property located on Hershberger Road, N. M., east of Milliamsoe Road, desig- nated as Lots 19 and 20, Block 2, Airlee Court, be rezoned from General Residence District to Business District, and notice of the hearing having been published in The Roanoke World-News on October 4, 1057, and the City Planning Commission having previously recommended that the request be denied, the hearing was held. Mr. Jack B. Coulter, Attorney for the petitioners, appeared before Council and stated that at the time of the City Planning Commission*$ consideration of the request his clients were not prepared to advise that the lots in question would be graded and paved so that serface water would not stand thereon, that the use to which the two lots are to be put is for parking end unloading in connection with a wholesale and retail paint business which is to be conducted in a building to be erected on Lots 3, 4 end 5, adjacent to the said property and already zoned for business, that the heavy traffic on the lots by large trucks envisioned by the City Planning Commission is erroneous since it is anticipated that only two or three large truchs per month mill be on the property to unload paint from the manufactur- Ing source whereas at other times only normal and light traffic is expected, Mr. Coulter further pointing oma that Lots 19 end 20 mere originally set aside ns busi- ness property as mere Lots 1-5, inclusive, adjacent thereto, by the developers of the property, prior to its annezatlon by tko city, nnd presenting a petition signed by omnerj of the hoses on Hershberger. Rmnd and Curtis Avenue, N. #., located in Hioch 2t Airlee Court, stating that they have no objections to the rezoning of the )~operty and the development contemplated. In answer to a question, Hr. J. Gu*chin Hodges advised Council that he and his associates mill donate to the city ten feet of land from their property on the east side of Rllllnmson Road and five feet on the north side of Dershberger Road to provide for midenJng of the said streets in accordance mith the project now underway ia connection with the property of The Atlantic Refining Company, located on Lots I and 2, on the corner, and which their property surrounds. Hr. Coulter reiterated that his clients propose to erect a building for the Glidden Paint Company on Lots 3. 4 and S. already zoned for business, and that the request for the rezoning of Lots 19 and 20 has been made in an effort to provide off-street parhlng andunloading space in line with the city*s present policies. and in view of the circumstances, requested that Council grant the petition of his clients. No one appeared in opposition to the request. Mr. Nheeler moved to grant the. request for rezoning and to direct the at*oF. ney for tie petitioners to prepare, a proper Ordinance providing therefor, have it approved.by the City Attorney and'present it to the City Clerk for action of Council The motion was seconded by Mr. Dillard and adopted. PETITIONS AND COMMUNICATIONS: POLIC£ DEPARTREr~F-CITY JAIL: The City Clerk presented communications from the Department of Nelfare and Institutions of the Commonwealth of Virginia, trans- mitting reports of lnspectionsof~the police lockap and the city Jail performed by that department onOctober 2, 1957. ' The communications and reports were ordered:filed.: : ZONING: The City Clerh presented a petition from J. C. Glass, et al, reqnest lng that:their properties located on:the south side of Orange Avenue, N..M., betweem Fifteenth Street and SixteenthStreet, be rezoned from General Residence District to Business District. Mr. Decker.moved to refer the request.to,the City Planning Commission for study and recommendation. The motion was seconded by Mr..Mheeler and adopted. : :~ ADDITS~GITV SRRGEANT: The~City Clerk presented.a report of the Auditor of PebltcAccounts of:the Coswonmealth:of Virginia, covering an audit of the accounts and records of the.City Sergeant for the calendar year lgSG, which reported that proper accounting had been sade;for.all funds of record coming into the custody of theCity.Sergeant:durlng.the~year under revlem andthat all records had been pre- ,ared in an excellent manner; .. ~ ~ . : The report mas ordered filed. 329 330 REPORTS OF OFFICERS: .STREETS AND ALLEYS-SCHOOLS-PARRS AND PLAYGROUNDS: The City Manager reported that fo coouectiu· with tke proposed extenslo· of Blenheim Road, S, W., fro· S/air Road to Shrine Street, he kcs received au offer from Mr. G. a. Reed, Jr., to ex- change · portion of his property ·t the intersection of Dlenkeim Bond end Perslager Road, S. g., for. a portion of Shrine Hill Park, approximately equal in size, In order to provide for a proper extensio· of the proposed new street, the exchange to be made on aa equal basis with the understanding that the city will slope Hr. Reed's property to the street line, the City Manager recommending that Council authorize the exchange. Mr. Wheeler moved to concur in the recom=endatlon of the City Manager and to direct the City Attorney to prepare the necessary Ordinance providing therefor. The motion was seconded by Hr. Decker and adopted. APPOINTIENTS-CITY MARKET: The City Manager reported the appointment of Mr. Russell E. Almond ns Clerk of the Market and Hr. James B. Layman as Assistant Clerk of the #arhet, effective November 2, 1957. The report mas ordered filed. CROSSOVERS: The City Manager submitted a request of The Pure Oil Coepao! that it be granted permission to construct two 40-foot sidewalk crossovers from Hlllinmson Road into its property located at the southmest corner of Hilliamsoo Road and Or,ad Street, N. #., and offering to convey to the city sufficient land it, pr,ride for a 2S-toot radius ·t said corner, the City Manager recommending that the request, for the crossovers be granted and that the offer of property be accepted Mr. Dillard moved to concur in the recommendation of the City Manager and to idirect the City Attorney to prepare the proper Resolution and Ordinance providing ~therefor. The motion was seconded by Hr. Pest and adopted. SCHOOLS-SIDEHALK, CU~R AHD GUTTER-STREETS AND ALLEYS: The City Hanager ireported that he has studied the question of widening and paving Huff Lane, H. M., from Durham Street to Avalon Avenue, and constructing sidewalks thereon, as requested by citizens of the area, and advised that in addition to the cost of securing right-of-way from Vancouver Drive to Durham Street it would cost approxi- mately $5g.290.00 to construct pavement, sidewalk, curb and gutter as requested. the City #hunger advising that sidewalk, curb and gutter ·long the city's property the site of the Huff Lane School could be constructed ·t an estimated cost of $6,500.00 and that he cannot recommend expenditures for this improvement due to the many needs in the city, suggesting that the matter be laid over for consideration along with the 1958 budget. Mr. Hebber moved to direct the City Hanager to construct sideualk, curb and gutter on the west side of Huff Lane. H. H., between Avalon Avenue and Vancouver Drive, et an estimated cost of $6,500.00o end to negotiate with the Huff Estate for necessary land to widen Huff Lone, N. ~., between Yancourer Drive and Dorham Street, and submit his report on said negotiations to Council for consideration along with the 1958 budget. The motion was seconded by Mr. Wheeler and adopted. TRAFFIC-GRADE CROSSIN$S-$TREETS AND ALLEYS::The City Manager.submitted a report of the Department of Public Works, advising that final preliminary plans on the proposed FedereLAid:Urbaa'ProJeet Om U, S* Route 220 trow Campbell Avenue, S, E;% to Franklin gohd~S.*#., will be eompleted~withia ten days. and ready for submission to the;Department~of. Hlghways of. the Commonwealth of Virginia, it being isuggested that Council.&rrange~s meeting at which time the plans for the project. could, be presented~to'the body**the'report advising'further that'the Department of Highways of Virginia has, stated that $516;000.00 of federal funds will be available to the City of Roanoke through June 30,'1960, for highway construction, which matched by the city and'the state la the amount of $259,000.00 each will provide a total of $1,032,000.00, and recowaending that an initial project.for the Federal Aid Urban Project covering the period ending June 30, 1960, be instlgatedin the amonnt of-$1o032,000.00 for the purpose of securing rights*of-way to the limit of funds available, the report pointing omt:thatthe total estimated cost of the Federal~Aid Urban Project is $6,000,000.00, about one-half of which is right-of-way cost, and that the total project should be accomplished by'stage construction, the proposed $1,032,000.00 request being the first stage. - · Mr. Webber moved to, hold a public hearing-in the matter at 7:30 o'clock, p. m*, December 3, 195?,,in the Council Chamber, at mhlch time Council mill be presented the detailed plans of the Department. of Public Works, the City Planning Commissioners be invited to be present, and citizens to be given an opportunity to be heard for and against the project; also, that each member~of Council be furnishe( a copy. of the proposed route.and l.ayont of the project, at the earliest practicable date. The.motion mas:seconded by Mr* Wheeler and adopted. REPORTS OF COMMITTEES: SEMAGEDISPOSAL: Council at:its meeting of. September 23,;1957, having referred~to.acommitteeconsistAng of Messrs..Roy L. ~ebber, Chairman,,Walter L. Yoong,.Arthur. S.:Omens~and:Raadolph C. Whittle for~study'andrecommendation a request of the Board of Supervisors~of Raanohe County that thecontract of Septem- ber 29,.1954, between the City of;Roanoke and the County of Roanoke, dealing with the treatment of domestic and commerctalwastes, be amended'to'include an area in the vicinity of Cave;Spring lylng;along~Route 119 andRoate 702, the committee submitted its report, recommending that the request be granted. ~Mr. Wheeler moved'to;concur;in the recommendation or,the committee and offered.the folloming Resolution:J, ~ ~ ' ~ , . , ~ ~ , ~. .(~13213) A,aESOLBTION~amending. the contract of'September-26~lg54,.between the City of. RoanokeJsnd the County;or,Roanoke, dealingwith,the treatment of :(For~full.text~of Resolation;"see:Resolutlon. Book No.'22, Page Mr. Wheeler moved:the adoption of.the Resolution; The notion was seconded by Mrs. Pickett and adopted by the:following vote: ';' .'.; ;~, AYES:;Councll.members Duel,,Dillard, Plchett,:Mebber~. West, Rheeler, and ~33:!. 332 UI~TINISNBD BUSINESS: NONE CONSIDERATION OF CLAINS: NONE. INTRODUCTION AND. CONSIDERATION OF ORDINANCES AND RESOLWrlONS: DOI~ATIONE-STNEETS AND ALLEYS: Ordinance No. 13212, outhoriaiog the proper city officials to approve a certalu Instrument for the partial vacation of plat of Summit Hlllso Subdivision No. 1, lo Roeaohe Countl, having previously been before Council for its first reading, rend oud laid over, was again before the body, Hr. · ebber offering the following for its second reading and final adoption: (a13212) AN ORDINANCE authorizing the proper city officials to approve a certain instrument for the partial vacation of plat of Soumlt Bills, Subdivision No. I In Roanoke County. Virginia. (For full text of Ordinance. see Ordinance Book No. 22, Page 297.) Hr. ~ebber moved the adoption of the Ordinance; The motlon was seconded by NFo Dillard and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett, ~ebber. Nest. Nheeler, and the President. Hr. Young ............... ?. NAYS: None ..................... O. · ATER DEPABTMEr~T: Council at its meeting of October 14, 195T. having directed the preparation of an Ordinance accepting the offer of Charles Iroler end associates for the purchase of certoin timber standing on and near the Beaver Dam and Falling Creek ~atershedso Hr. Nheeler moved that the following Ordinance be placed upon its first reading: (a13214) AN ORDINANCE accepting the offer of Charles Iroler and associates for the purchase of certain timber standing on and near the Beaver Dam and Falling Creek Yatersheds. RREREA$. the City Manager. agreeable to the directive contained in Ordi- No. 12B27. adopted on the 4th day of September, 1956. and the Notice of Timbe~ Sale heretofore published, did. et noon on the 21st day of September. 1957. offer for sale in this Councilts Chamber at public auction and for cash certain timber growing on Tracts A. B gad C, situate on or near the Clty*s Beaver Dam and Falling Creek Natersheds in Bedford County. Virginia; it which public auction sale only one bid was received0 viz.: the bid of Charles lroler and associates in the amount of $50.000.00 cash; and #BEREAS, at a special meeting of this Council previously lawfully called for the purpose of acting upon such bids as may have been received at the aforesaid public auction sale. this Council. availing itself of a reservation contained in the Notice of Timber Sale so to do. unanimously rejected the aforesaid bid; and NDEBEAS. the aforesaid Charles IFoler and associates have recently prJvatel~ offered to purchase the aforesaid tlnber from the City for $?S.O00. O0 cash in accordance with the terms and conditions embodied in the aforesaid notice of Timber Sale and acconponying papers, especiolly the Timber Sale Agreement required to be executed between a successful bidder and the Clty;.provlded said Timber Sale Agree- would be modlfied in the three respects set out in the second ordaining clause of this ordinance; end WHEREAS, tm the Judgment of this Council, the price offered for the afore- said tiuber Is fair cod the three requested modlficotioos in said Timber Sale Agree- ment are reasonable. THEREFORE. HE I! ORDAIHED by the Council of the City of Roanoke us folloms: 1. That the City Manager be, nnd he is hereby, directed to accept, for end on behalf of the City, the offer or Charles Iroler end associate~ of $75,000.00 cash rot the purchase of designated trees groming on or near the City's Hearer Dam and Falling Creek Natersheds, in Hedford County, Virginia; 2. That the City Attorney be, and he is hereby, authorized and directed to amend, the Timber 5ale Agreement to be executed by the Purchasers and the City in the folloming three respects, only, viz.: (1) that Purchasers be permitted to start cutting the timber on Tract C rather than Tract A as specified; (2) that Purchasers be permitted to.go bach to cutting timber after a wait of only eight hours after a rainfall ex- ceeding one-half inch rather than said 72 hours asoriginally required; and (3) that Purchasers be permitted the full and unrestricted use of two roads, des- ignated on the City's mops as Moolridge. Road and T~nnel Hollow Road, within the City's omnershlp, and granted the right to howl timber either uphill or domnhlll to either of these roads as long as Pur- chasers do not drag timber across mater- mays in so doing; land 3. That, after the aforesaid Timber Sale Agreement has been modified in the manner provided for in the preceding paragraph and properly executed by the of,resold Charles Ir,let and associates and the $75,000.00 cash purchase money paid, the City Manager he, and he is hereby, directed to execute the said Agreement, for and 'on behalf of the City, which execution the City Clerk is hereby directed to duly attest and affix the City's seal thereto. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Vest, Mheeler, and the President, Mr. Young .............. NAYS: None .......... ~ ......... O. MOTIONS AND MISCELLANEOUSBUSINES$: BOARD OF ASSESSORS: The City Clerk reported that the Judge of the Law. and . Chancery Court has appointed Messrs. gobertson as members of the Board of Assessors for the purpose of making a re- assessment of real estate in the City of Roanoke in the year 1959 end that the said members have qualified. The report mas ordered filed. There being no further business, Council adjourned. APPROVED Clerk Preslden~ [ 333 334 COUNGIL, REGULAR WEETING, Mondny, October 28, 1957. The Council of the City o! Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, October 20. 1957, ct 2=00 *ecl*ck. p. m, the regular meeting hour, with the President, Mr. Young, presiding, PRESENT= Council members Decker, Dillard, Pickett, Webber, West, Wheeler, and the President, Mr. Young ......... ABSENT= 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. INVOCATION= The meeting was opened with a prayer by the Reverend 0, L. Homing*, Pastor of the Jefferson Street Captist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, October 21. 1957, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. West and adopted, the reading mas dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUOLIC MAI~ERS: NONE. PETITIONS A~D COMMUNICATIONS: PURCHASE OF PROPERTY-HOUSINH: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority. advising that the Commissioners of the Authority at their meeting of October 16, 1957, approved the request of Council that the City of Roanoke's option to purchase Block N, and Parcels 1, 2 and 3, Block J, in the Commonwealth Redevelopment Project, be extended until January 15, 1956. The communication was ordered filed. LICENSES: The City Clerk presented a communication from the Commissioner of the Revenue, advising that under the city*s License Tax Code he has no way of collecting licenses from nome petroleum operators delivering gasoline, fuel oil and motor oil into the city to their retail outlets and suggesting that the Code be amended in order that these operators might be licensed. In this connection, Mr. James A. Armstrong, Commissioner of the Revenue, and Mr. A. W. BJlbert, License Inspector, appeared before Council and stated that a goodly portion of the wholesale petroleum product deliveries to the city are beiog made by tank truck from supply points outside of the city and the state at on estimated loss of approximately $20.000.00 per annum to the city In license taxes. Mr; Webber moved to refer the matter to a committee composed of Messrso Randolph G. Whittle, Chairman, Harry R. Yates and Andrew W. Gilbert for study and recommendation, The motion was seconded by Mr. Mheeler and adopted. REPORTS OF OFFICERS: BUDGET-PARKS AND PLAYGROUNDS: The City Manager requested that $160.75 be transferred frog Supplies in the Parka and Recreational Areas account to the Departmental Kquipmeat and Improvements account to provide for the purchase of e cultivating machine tar use by the Department of Parka and Recreation. Mrs. Pickett moved to concur in ~he recommendation of the City Manager ~nd. offered t~e following ~mergeacy Ordinance: (s13215) AN ORDINANCE to amend and reordain Section alii. 'Parka. and Recreational Arena", and Section n144o "Departmental Equipment end lmprovement~", of the 1957 Appropriation Ordinance, and providing for an emergency. (FaF full text of Ordinance. see Ordinance Book No. 22. pa~e 302.) Hrs. Pickett moved the adoption of the prdinaoce. The motion mas seconded by Hr. Uecker and adopted by the following vo~e: AYES: Council members Decker, Dillard. Pickett, #ebber, Meat, Mheelero and the President. Mr. Young .......... NAYS: None ................. APPOINTMENTS-POLICE DEPARTMENT: The City Maoager roported the employment of Charles Milliam Martin and Thomas Edward Klttinger as polico officers, effective October 26. 1957o The report was ordered filed. BRIDGES: The City Maoager reported that the Virgtnia Department or, Highways ia its request of Soptenber Il. 1957. for assoraace that the city would participate fifty per cent in the cost of the construction of a nam bridge into Palmer Park from Rollins Road. erroneoosly deaignatod the creek over mhich this brtdgo is to be constructed as Corrina Greek whereas the bridge is to be ~onstructed ovov Tinker Creek. and recommended that Resolution No. 13194 be amondod to correct th~ error therein. Mr. M~bber moved to refer ~he matter to the City Attorney .for preparation of the pr~p£r Resolution correcting the error. The .motion was seconded by Hr. Mheeler and adopted. STADIUM: The City Manager reported that the Commissioner of Realth has called his attention to Title XIII, Chapter 3. Section 3. of the,City Code. being violatedby reason of,the open tops to the toilets at Victory Stadium, the City Manager recommending that.Council authorize the construction of ceilings over these toilets at a cost of approximately $4,000.00, to be paid from the remainder Of bond funds for the stadium in the Improvement Fund-Account. Mr. Mebber moved to direct the City Attorney to prepare an Ordinance to · carry out the reoommeodation of the City Manager. The,motion was seconded by Mr. Mheeler and adopted. STREET LIGHTS: The City Manager requested aothority for theinstallation of various street lights and the replacement of other street lights on Brambleton Avenue. S. M., from Brandon Avenue to Red Rock Road. advisin9 that sufficient funds are.available in the budget for this purpose. Mrs. Pickett moved.to concur in the request of the City Ranager and offered the following.Resolution: 335 336 (#13216) A RESOLUTION authorixlng the installation of sdditioool street lights and th~ replacement or certain existing-street lights on Ursmbletou Avenue, S, ~** from Erandoo Avenue to Red Rock Road. (For mil text cf Resolution. see Resolution Dunk No. 22. Page 303.) Hrs. Pichett moved the adoption of the Resolution. The motion uss seconded by Hr. Decher and adopted by the folloulug vote: AYES: Counc-il members Decher, Dillard, Plchett, ~ebber, Nest. #heeler, and the President, Hr, Young .......... 7. HAYS: Hone ................ O. SCHOOLS-pARKS AHD PLAYGRO01~5: Cooncil at lta meeting of October 12. lqS3. having referred to the City Manager, the City Attorney, the Roanoke City School Board and the City Planning Commission for study and recommendation the question of providing for Joint use of school buildings *and park properties, and the City Planning Commission having subsequently recommended to Council that it establish a policy to provide that when lands are acquired for public schools and parks and buildings and facilities constructed, there should be cooperation t~ the end that the public will derive the most good from the expenditure of public funds without duplication of effort and facilities, the City Manager presented a proposed Joint of joint use policies of School Board and Department of Parks and Recreation facilities which has been worked out between the Director of Parks and Recreation and the Superintendent of Schools, approved by the School Board and *resented to the City Manager who in turn is recommending concurrence of Council. Mr. ~ebber moved to table the matt.er until the next regular meeting of ;ouncil and that the City Clerk furnish each member of the body a copy of the proposed policies, The motion was seconded by Mr. Hheeler and adopted, - FIRE PROTRCTIOH-AIRPOST: Couoeil at its meeting of September 30, 1957, having referred to the City Manager for study and recommendation a communication from the Airport Study Group of the Roanoke Chamber of Commerce, requesting certain improvements in fire fighting conditions at the Roanoke Municipal Airpot, and at its meeting of October 7, 1957, having referred to the City Manager for study and mendatJon a communication from the Roanoke Chamber of Cotmerce Fire Prevention Committee, requesting that a study be mado as soon as possible to determine what Roanoke*s needs are in fire fighting facilities, the City Manager reported, submit- ting o communication from the Chief of the Fire Department, advising that- in order ~rovide adequate protection at Lhe Airport it is his recommendation that a 4x4 truck be acquired, that 1,000 gallons of water for foam production be provided by the truck, 200 pounds of dry chemical or 400 pounds of carbon:dioxide, capable of discharging foam produced thereby In 2 1/2 minutes, plus 1,000 gallons of water additional, for foam production, to assure continuous application for a mi.nimum of 5 minutes, and that manpower he furnished to provide for four men on duty at the field at all times it is in operation, the City Manager sobmlttiog a further communication from the Chief of the Fire Department, advising that the most urgent need of the Fire Department for its normal operations in the city is manpower, estimating the present needs at 70 men end ii addition of 26 men over the next two y~arperlod, the City Manager recommending that Council consider this matter olong moth the 1958 budget in which he bus included funds rnr certain oL the requirements, Mr, Dillord moved to table the matter rot consideration along mith the 1950 budget, The m~tion mos seconded by Mr. Wheeler and adopted, AIRPORT: The City Manager reported receipt of an offer of a grant from the Civil Aeronautics Administration in the amount of $74,000,00, supplanting the *revioos offer of $60,000,00, mhich will provide for $140,000,00 of improvements at the Roanoke Municipal Airport, and recommended that Council accept th~ offer and enter into a Grant Agreement. Mr, Webber moved to concur in the recommendation of the City Manager and offered th~ folloming ResolutAon: (a13217) A RESOLDTION ratifying and adopting the. City's Project Application of July 23, 1957; accepting the Grant Offer issued thereon; authorizing the City Manager to execute said Grant Agreement as evidence of the City's acceptance thereo~ authorizing the City Clerk to attest such execution and to affix the City's seal thereto; and authorizing the City Attorney to execute the requisite certificates, (For full text of Resolution, see Resolution Book No, 22, Page 305.) Mr. Webber moved the adoption of the Resolution, The notion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, West, Wheeler, and !the President. Mr. Young ........... 7. NAYS: None ................. O. BUDGET-WATER DEPARTMENT: The Gity Manager requested an appropriation of $30,000.00 to Capital Outlays from Revenue account in the Water Departmen~ Budget tc provide for the extension of mains during the remainder of the year. . Mr. Wheeler movedto concur In the request of the City Manager and offered the following emergency Ordinance:. . (MI3210) AN ORDINANCE to amend and re~rdain #Non-operating Expense" of the 1957 Mater Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see OrdinanceBook NO. 22,:Page 30g.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Mast and adopted by~ the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, West, Wheeler, and the President, Mr,,Young ........... ?; NAYS: None-~ ............... O. PURCRASE OF:PROPERTY-STREETS ANR ALLEYS: The City Manager advised that he has had an appraisalmade of a strip of land along the south bank of Roanoke River east from Colonial Avenue, S. W,, to the property of. Dr, George R. Lawsou aL Franklin.Road, S, M,, required for extensioo.of the road around Roanoke River, and recommended that Council authorize a:bona fide offer, in theamount of $1,523.00, which Is the appraised value, and further authorize:condemnation,of the property if it cannot be purchased on that basis, 338 #r, Wheeler moved to direct the City Attorney to prepnre sn Ordinance cerry- lng out the recommendntlon of the City Ennnger, The motion Wen seconded by Mr. Mest nnd ndopted, REPORTS OF COMMITTEES: SEWERS: Council it itu meeting of October 21, 1957, having referr£d to a committee consisting of Messrs, Arthur S, OmeDs, Chairman, and John L, Wentworth bids received for the construction of a sanitary sewer to serve certain portions of the East Gate Addition, tits committee submitted its report and a tabulation of the bids, showing the bid Df Pioneer Construction Company, lncDrporated, In the nmoont of $56,5U0,25 an low, and recommending that the bid be accepted, Mr, Webber moved to table the matter until after the committee heretofore appointed for that purpose holds a public hearing On the assessment for tan sewer and submits its report, The motion was seconded by. Mr, West and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: WATER DEPARTMENT: Ordinance No. 13214. accepting the offer of Charles Irole: and. associates for the purchase of certain timber standing on and near the Beaver Dam and Falling Creek Watersheds, having previously been before Council for its first reading, read and laid. over, was again before the body, Mr, Wheeler. offering the following for its second reading and final adoption: (n1321d) AN ORDINANCE accepting the offer of Charles Iroler and associates for the purchase of certain timber standing on and near the Denver. Dam and Failing Creek Watersheds. (For full text of Ordinance, see Ordinance Book No. 22, Page 301.) MF~ Wheeler moved the adoption of the Ordinance. Thc motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, West, Wheeler, and the President, Mr. Young .......... -?. NAYS: None ................. O. ZONING: Council at its meeting of October 21, 1957, having directed the preparation, of an Ordinan£e providing for rezoning from General Residence District to Business District the property of J, Cutchin Bodges, et al, on Bersbbe~rger Road, N, W,, east of Williamson Road, Mr, West moved that the following Ordinance placed upon its first reading: : (n1321g) AN ORDINANCE to amend and reenact Title IV. Chapter 4, Section 1. of The Code of the City of Roanoke, 1956. in r~lation to Zoning. NBEREAS, application has been made to the Council of the City of Roanoke to have property located in the City of Roanoke on the northerly side of Bershberger goad, N, W,, beginning at a ~oint 120 feet easterly .fro~ the intersection of the easterly side of Williamson Road with the northerly side of Oer~hbe. rger Road, and described as Lots 19 and 20, Block 2, Alrlee Court, rezoned from General Residence District to Business District; and WHEREAS, the City ~lanning Commissionhas recommended that the above parcel of land not be rezaned fram General Residence District to Business District ss rqques~ed; ned .WHEREAS, notice required by Title XV, Chapter 4. Section 43, of The Code or the City of Roanoke, 1956, relating to Zoning, hss been published in "The Roanohe World-Wens#, n newspaper published iq the City.of.Roanoke, for the time required by said section; and .WHEREAS, the hearing as provided fqr in said.no,ice published in the said newspaper was held on the 21st day of October. 19570 at 2:0q o'clock, p,m** before the Council of the City or Roanoke in the Council Chamber in the Municipal Dai~diqg, at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for.and against the proposed rezonlng; and RHER~AS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested, notwithstand- ing the recommendation of the City Planning Commission. THEREFORE, DE IT ORDAINED by the Council of the City of Roanohe that Title XV, Chapter 4, Section 1, of The Code o~ the City of Roanoke, 1956. relating to Zoning, be amended and reenacted in the following particular and no other, viz: Property lo~ated on the northerly ~id~ of Bershberger Road, N. W** beginning at a point 120 (ee~ e~sterly from the intersection of the easterly side of Rilliamson Road mith the northerly side of Rershberger Road, described as Lots lg and 20. Block 2, Airlee Court, designated ca Sheet 21g of tb~.Zoning Hap as Official Tax Nos. 2190921 and 2190920, be, and is hereby cha~ged from General Residence District to R~siness District and the Zoning M~p shall be changed in this respect. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Dec,er. Dillard. Pickett. Webber. West. Rheeler. and the President. Mr. Young ........... 7. NAYS: None ............... ~-0o' SCBOOLS-SIRERALE, CURB AND GUTTER-STREETS Ah~ ALLEYS: Council at its meeting of October 21, 1957~ h~ring directed that sidewalk, curb and gutter be constructed along the westerly side of Huff Lane. N. W.. betwee~ Avalon Avenue and Vancouver Drive. Mr. Dillard offered the following Resolution extending the con- tract of Hartman Construction'Company. et al. to cover the said construction: (~13220) A RESOLUTION extending the contract of February 5. 1957. between Hartman Construction Company. et al.. and the City of Roanoke for the construction of concrete sidewalk and concrete curb and.gutter at various locations in the City. (For full text.of R~solution. see Resolution Book No. 22. Page 310.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Hr. Rheeler and adopted by the following vote: AYES: Council members Decker. Dillard. P~cket~. ~ebber. West. Wheeler. and the President. Mr. Yonng ........... ?. NAYS: None ................. O. ~339 340 STREETS AI~ ALLEYS-SCHOOLS*PARES AND PLAYGROONDS: Council nt Its meeting of October 21. 1957, having directed the preporutlon of in Ordinnnce to provide rot the ezchnnge of certain lands between the City of Rots*he sad Hr. G, W, Reed,'Jr.o #r. Wheeler Bored that the following Ordinance be placed upon its first rending: (n13221) AN ORDINANCE authorizing the exchnnge of certain reel estate between the City of Roanoke end G, W, Reed, Jr. RBEREAS, the City needs Parcel No, I of the hereinafter described real estate, which is owned by C. W. Reed, Jr** for widening Rlenhelm Road, S. W** end the City owns Parcel No. 2 of the hereinafter described real estate end the said G, #. Reed. Jr.. hen offered to ezchnnge his said tract for the said tract or the City on un even basis with the understanding tbnt the City will slope his property Persinger Road to the street line; and WHEREAS, the City #nnager has recommended the exchange of the aforesaid ~roperties on said basis; in which recommendation this Council concurs. TREREFORE. DE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That. upon delivery to the City Attorney of a good and sufficient end conveying unto the City the following described real estate, viz,: PARCEL NO. 1 BEGINNING at a point on the south property line of Persinger Rood, S. W** said point being 155.10 feet easterly from the intersection of the south property line of Persinger Road, S. W.. and the west property line of Bunters Road. S. N.; thence. leaving said south property line of Persinger Road, on a curve to the left (with a radius of 25,0 feet and a chord bearing and distance of S. 670 47' SO* W. 28.5g feet) an arc distance of 30.43 feet to n point of reversed curve; thence. on a curve to the right (with a radius of 11?5.92- feet and a chord bearing and distance of S. 36° 23' 31# N. 142.11 feet) an arc distance of 142.19 feet to a point on the City of Roanohe*s east property line of Shrine Rill Park (recorded in Deed Rook ?53, page 162, in the Clerk's Office of the Hustings Court for the City of Roanoke. Virginia); thence, with said City of Roanoke*s east property line, N. 20° 19' E. 151o93 feet to a point on the south property line of Persinger Road; thence, with said south'property line of Persinger Road, S. ??? 20* E. 39.~9 feet to the place of BEGINNING, and containing 1,951 square feet, more or less; and BEING a portion of the property conveyed by Nllbnr Development Corporation to G. W. Reed, Jr** and Ruth W. Reed, husband and wife, by deed dated June Bo 1955, of record in the Clerk*s Office of the Hustings Court for the City of Roanoke, Virginia, in Deed Book 957, page 326,' and shown ns Parcel No. I on Plan No. prepared in the office of the City Engineer, Roanoke. Virginia, under date of September 6, 1957, the proper City Of£icfals are hereby authorized*and directed to prepare, execute and deliver unto the said G. N. Reed, Jr** a deed conve~ng unto him, with special warranty'of title, the'following described real estate, viz.: PARCEL NO. 2 OEGINNING at n 30~lnch cherry tree, said tree being the southwest corner of the prop- erty of G. N., Jr., and Ruth W. Reed, as re- corded in Deed Book 957. page 326. end in Rap Book No. 1, page 57. in the Clerk*s Office ' of the Bustings Court for the City of Roanoke. · Virginia. nnd designnted ns Lot No. 1. Block No. 1. Greenbrier Pork Map. See. Ho. 1. said tree being u cowmon corner on the boundary line between the property of the City or Roanoke. hagan ns Shrine Rill Perk. as recorded in Reed Book 7S3. pnge 162..in tke ~roreneid Clerk*s Office. end the properW of D. #** Jr** end Rebo R. Reed. as recorded in Reed Book 9R4.. poge 322. end designated aa Lot No. 2. Block No. 2. Greenbri.er Park Dap. Sec. No. 2. in Rap Rook No. 1. poge 62. In the afore- said Clerk°o Office; thence, with said boundary line. R. 02° 030 W. 60.0 feet to a locust tree. seid tree being another common corner between the said properties Of th~ City of Roanoke and D. I** Jr.. end nebs R. Reed; thence, with n new line ocross the City af Roonoke's property. N. 430 32* E. 147.79 feet to a point of curve; thence. with a curve to the left (with a radius o! 1175.92 feet and a chord bearing and distance of R. 41° 41t dl" E. ?S.46 feet) arc distance of 75.47 rent to a point. said point being common to and the south- erl! corner Of Parcel Bo. 1. as hereinbe- fore described; thence, with the east property line of the said City of Roanoke's Shrine Dill Park, S. 280 19' I. 195.14 feet to the place of BEGINNING, and containing 5,279 square feet. more~or less; and BEING a part of the real estote conveyed unto the City of Roanoke by Kozim Temple Corporation by deed dated July 15. 1947. of record in the Clerk's Office of the Bustings Court for the City .of Roanoke.~· Virginia. in Reed Dooh TS3. page 162. and shown as Parcel No. 2 on Plan No. prepared in the Office of the City Engineer. Roanoke. Virginia. under date of September 6. 1957. 2. That, upon the exchange of deeds as hereinabove contemplated, the Repartment of Public Norks is hereby authorized and directed to slope the aforesaid C. D. Reed. Jr.'s. property on Persinger Road to street line. The motion was seconded my Mr. Decker and adopted by the following rote: AYES: Council members Decker. Dillard. Pickett, Nebber.'Nest. Wheeler, and the President. Wt. Young ........... NAYS:.None ................. O. CROSSOVERS: Council at its meeting of October 21. 1957, having directed the preparation of a'Resolutton providing for the issuance of two dO-foot sidewalk crossovers to The Pure Oil Company from gilliamson Road into its property located at the intersection of Nllliamson Road and Broad Street. N. N.. Mr. Rest offered th, following Resolution: (z13222) A RESOLUTION authorizing the Director of Public Works to issue a permit for the installation of two 40-foot sidewalh ~rossovers from Williamson Road into the property of The Pure Oil Company situate on the southwest corner of Milliamson Road and Broad Street. (For full text Of Resolution. see Resolution Book No. 22. Page 811.) Mr. Nest moved the adoption of the Resolution. The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett. lebber. Nest. Nheeler. and the President, Mr. Young ........... 7. NAYS: None ................. O. 342 CROSSOTERS-STREETS ANIX ALI. ETS: Council at Its meeting of October 21. 19ST. knving directed the prepnration of un Ordinnace to pr6vlde ro~ the acceptance or a smnll parcel of land. rot corner rounding purposes, from The Pure Cfi Company nC th intersection or Wlllinuson Rond and Brond Street. N. M** Mr. Decker offered the rollouing emergency Ordinance: (z13223) AN ORDINANCB ac~epting the conveyance or n small parcel or land. rot corner rounding purposes, from The Pure Oil Company; and providing for an emergency. (For full text of Ordinn~ce.. see Ordinance nook No. 22. Page 311.) Hr. Decker norad the adoption of the Ordinance. ~he motion nas seconded by NFS. Pickett and adopted by the following vote: AYES: Council members Decke~, BLllnrd. Pickett. Meb~er. Mast. ~heeler. and ithe President. Mr. Young ........... 7. NAYS: None ................. O. MOTIONS Ah~ MISCELLANEOUS ~USINESS: . BUILDING CODE: The City Clerk reported the qualification of Mr. Clarence M. Ha~kins as a member of the Board Of Appeal. Building Code, for a term of five years beginning October 1, 1957. The report was ordered filed. INVITATIONS: The Mayor presented a letter from The Honorable Robert F. Nagner, Mayor of Neu York, Chairnan of the Membership Committee, American Municipal Association, Inviting thq City of Roanoke to become a direct member of the American Municipal Association, the Mayor stating that the city is already an indirect member Or the said association through the League of Virginia Municipalities. Mr. Mebber moved to file the communication. The motion was seconded b~ M~. Dillard and adopted, There being no further business, Council adjourned. APPROVE~ COUNCIL, REGULAR MEETING, Monday, November 4, 195T. The Council or the City o! Roanoke net in regular meeting in the Council Chunber'ln the Municipal Dullding, Monday, November 4, lgS?, ut 2:00 o'clock, the regular meeting hour, with the President, Mr. Young, presiding. I~£SENT: Council members Decker, Dillard, Pichett, Webber, West, Wheeler, smd the President, #r. Young ........... ABSENT: None ................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. R~ndolph G. Whittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Conle! A. Rc#ullen, Associate Pastor of the Greene Memorial Methodist Church. RINUT£S: Copy of the minutes of the regular meeting held on Monday, Octo- ber 28, 1957, having been furnished each member of Council, upon notion of MFS. Picke'tt, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o*cloch, p. m., November 1957, on the request of Mr. Roy Pollard, Jr., that Lots 9, 10 and 11, Block Melrose Land Company, located on the northeast corner of Melrose Avenue and Nice- teenth Street, N. W., be renamed from Special Residence District to Business District, and notice of the hearing having been published in The Roanoke World-News on October 18, 1957, and the City Planning'Commission having previously recommended that the request of the petitioner be granted, the hearing was held at which Mr. Pollard appeared and advised that there now exists on the property an old dilapi- dated filling station which operates under the #grandfather clause* and that his purpose for requesting the rezoning is to permit the razing of the old filling sta- tion and the erection of a new modern station nhich will enhance the value of the property in the neighborhood. No one appeared-in opposition. Mr. Decker moved that Council concur in the recommendation of the City Planning Commission and that the folloming Ordinance be placed upon its first read- ing; (=13224) AN ORDINANCE ~amendand reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to hare property located on the northeast corner of Melrose Avenue and 19th Street, N. M., designated as Lots g, 10 and 11, Block §6, Melrose Land Company Map in the City of Roanoke, rezoned from Special Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from Special Residence District to Business District as requeste( and WHEREAS, notice required by Title XV, Chapter 4, Section 43, of The Code of the City of Roanoke, 195~,'relating to Zoning, has been published in *The Roanoke :343 Morld-HeusU, a newspaper published le the City of Roanoke, for the time required by said section; aid M~ER~AS, the bearing es prorlded for in said notice pnblinbed ia the amid newspaper was held on the 4th day of November, 1957, ut 2:00 otclcck, p. m** before the Council of the City or Roanoke in the Council Chamber in the Municipal Building, at which hearing property omners end other interested parties fn the affected area given an opportunity to be heard both for and against the proposed rezoning; mod MBER£AS. this Council. after considering the evidence presented, is or the opinion that the above parcel or land should be rezoned as requested. TBEBEFBB£, BE IT ORDAINED by the Council of the City of Roanoke that' Title X¥. Chapter 4. Section 1, of The Code of the City of Roanohe. 1956, relating to Zoning. be amended and reenacted in the following particular and no other, viz: Property located on the northeast corner of Melrose Avenue and 19th Street. N. M., described as Lots 9, 10 and 11, Block 66, Melrose Land Company Map in the City of Roanoke, designated on Sheet 232 of the Zoning Map as Official Tax Nos. 2322109 - 2322110. be, and is hereby changed from Special Residence District to Business District and the Zoning Map shall be changed In this respect. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Mest, Mheeler, and tbe President, Mr. Young .......... 7. NAYS: None ................ O. ZONING: A public hearing baring been set for 2:00 o'clock, p. n., Novem- ber 4, 1957, on the request of Mr. J. A. Suttenfield, Mrs. Edna J. Deck and Mr. Abner M. Murray that their properties fronting on the north side of Melrose Avenue, N. M., west of Coantry Club Drive, designated as Official Tax Nos. 2660107, 26&0120 and 2660109, be rezoned from General Residence District to Business District for a depth of 400 feet, end notice of the hearing having been published.in The Roanoke Morld-News on October lB, 1957, and the City Planning Commission having previously submitted its report thereon, the hearing was held. Mr. Richard F. Pence, Attorney for the petitioners, appeared and requested that all three properties be rezoned to a Business District although the City Planning Commission has previously recommended denial of the request of Mr. Murray, Mr. Pence stating that while he recognizes that the opening of a street on the rear of the properties concerned is not connected with the rezoning, one of his clients, Mr. George Rlssak, who has contracted to purchase the properties of Mr. Suttenfield and Mrs. Beck, has authorized him to advise Council he will dedicate a 50-foot across the rear of both properties, Mr. Pence stating further that Mr. Murra while declining to dedicate the street at this time, has indicated that he will cooperate with thc city.at such time as it desires to actually open the said street No one appeared in opposition to the requested rezoning. Mr. Mheeler moved that Council grant thc request of the petitioners and that the following Ordinance be placed upon its first reading: (S13225) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 195&, ia relation to Zoning. RREREAS. application has been made to the Council of the City of Roanoke to have property located in the City of Roanoke. and described as follows: Three par- cels of land lying on the northerly side or Melrose Avenue. N. N.o in the City of Roaaohe. Virginia. connencing at · point on said Melrose Avenue which is 123.35 feet west of the intersection of Country Club Drive and Melrose Avenue. N. N** and extending in a westerly direction along said Melrose Avenue rot n total distance of 584.12 feet. and extending back a depth of 400 feet from said gelrose Avenue. and bearing Official Tax Numbers 2660109. 2660120. 266010?. rezoned from General Residence District to Business District; and NB£R£AS. this matter has been referred to the City Planning Commission and said Commission has submitted its report thereon; and NB£REAS. notice required by Title IV. Chapter 4. Section 43. of The Code of the City of Rnanohe. 1956. relating to Zoning. has been published in 'The Roanoke Norld-Newsm. a newspaper published in the City of Roanoke. for the tine required by said section; and N~£REAS. the hearing us provided for in said notice published in the said newspaper was held on the 4th daf of November. 1957. at 2:00 o'clock p. m** before the Council of the City of Roanoke in the Council Chamber in the Runicipal Building at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezoning; and JffiEBEAS. this Council. after consideringtheevidence presented, is of the opinion that the above parcel of land should be rezoned us requested. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title XY,'Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in.the following particular and no other, viz: Property located on the northerly side of Relrose Avenue, N. R., in the City of Roanoke. Virginia, commencing at a point on said Melrose Avenue which is 123.35 feet west of the~iutersection of Country Club Drive and RelFose Avenue. and extending In a westerly direction along said #elrose Avenue for a total distance of $84.12 feet. and.extending back n-depth Of 400 feet frow said gelrose Avenue. and!designated on Sheet 266~of the Zoning Rap as Official Tax Nos. 2660109. 2660120 2660107. be, and is hereby changed from General Residence District to Business District and the Zon!ng Map shell be changed in this respect. The motion was seconded by'Mr. Dillard.and adopted by the.following:vote: AYES: Council members Decker. Dillard. Pickett. Rubber. Nest. Wheeler. and the President, Mr. Young .......... 7. NAYS: None ................ O. PETITIONS AND CORRUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a petition from the Fellow- ship Baptist Church, 929 Rurruy Avenue, S. E., requesting that a portion of a 15-foot alley located between Murray Avenue and Montrose Avenue. S. E.. running in 345 346 westerly directloo from Eleventh Street to the property of the Jackson Junior High School, the' portion of said alley to be closed being 100 feet In length immedlntel! behind tke Fellomship Baptist Church property nad abutting also on property owned by the City of Roanoke on the southerly and westerly sides, be vacated, discontinued and closed, Br. Ebeeler moved to refer the request to the City Planning Commission for study and recommendation. The motion nas seconded by #r. Decker nad adopted. STREKTS AIqD ALLEYS: The City Clerk presented a communication from Corer Construction Company, Incorporated, requesting that an alley running through Hlock 11, Section 3, Roanoke Development Company, in a southeasterly direction from Ash- Street to Bedford Street, S. U., be vacated, discontinued and closed. Hr. Mheeler moved to refer the request to the City Planning Commission for tudy and recommendation. The motion wes seconded by Hr. Decker and adopted. ROUSING: The City Clerk presented a communication from the City of Roanoke Redevelopment and mousing Authority, requesting that the agreement of June fl, lgSSo betueen the said Authority and the City of Roanoke, covering Redevelopment Plan for Project No. UR VA 7-1 (Commonwealth ProJect), be amended by increasing the maximum amount of the city's participation therein from $1,025,B50.00 to $1,063,674.00, adding thereto an additional credit for the city covering demolition and removal of buildings and rodent control in the amount of $6,300.00, and increasing the esti- mated amount of credits for the city under the contract for other work performed in the project. gr. Rubber moved to refer the mutter to the City Attorney for study and report. The notion was seconded by Rt. Rheeler and adopted. SEWAGE DISPOSAL: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, requesting an amendment to the contract of Septem- ber 26, IRS4, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, by adding thereto an area north of Hershberger Road between Route 626 and Cove Road and extending to Peters Creek Road on the north. ars. Pickett moved to refer the request to a committee consisting of Messrs. Roy L. Webber, Chairman, Walter L. Toung, Arthur S. Omens and Randolph G. Whittle for study and recommendation. The notion was seconded by Hr. Wheeler and adopted. ZONING: The City Clerk presented a communication from Mr. C. Gilbert Oliver requesting that Lot 34, Mountain Scenery Subdivision, located on the north side of Raplelawn Avenue, N. #., east of the intersection of Milliamson Road, be rezoned from General Residence District to Business District. Hr. Decker moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Rr, Rheeler and adopted. ZONING: The City Clerk presented a communication from J. g. end Lillte R. Whitehead, requesting that Lots 1, 2 and 3, Bloch 3, Winona Addition, located at the intersection of Broadway and Colonial Avenue, S. #., be rezoned from General Residence District to Business District. Hr. Nheeler moved to refer the request .to the City Planning Commission for study and recommendation, to include the consideration of the need to establish setback lines on Broadmay and Colonial Avenue. The motion mas seconded by Hr. Decker and adopted. REPORTS OF OFFICERS: BUDGET-MUNICIPAL COORT: The City Yanager requested that $1,500.00 be appro- priated for Lunacy Commission Pees in the 1957 budget. Hr. Test moved to concur in the request of the City Homager and offered the following emergency Ordinance: (z13226) AN ORDINANCE to amend and reordain Section u25, *Lunacy Commis- sionsw. of the 1957 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 22. Page 315.) Mr. Heat moved the adoption of the Ordinance. The motion was seconded by Hr. Nheeler and adopted by the following vote: AYES: Council members Decker, Pickett. Nebbero Test, Nheeler, and the President. Mr. Young ...................... 6. NAYS: Mr. Dillard ................. 1. REPORTS: The City Manager submitted a report of the Department of Public Helfare for the month of September. 1957, and reported other departmental reports on file in his office. The report mas ordered filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: SCHOOLS-PARRS AND PLAYGROUNDS: Council at its meeting of Ootober 28, 1957, having tabled until its next ~egular meeting a proposed statement of Joint use )olicie$ concerning the acquisition, development and use of sites for schools and ~ecreattonal purposes, submitted by the City Manager, and previously approved by the Roanoke City School Board, the matter was again before the body. Mr. Nebber moved to direct the City Attorney to prepare a Resolution adopt- ing the policies outlined. The motion was seconded by Hr. Nheeler and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 13219, rezoning property located on the north side of Bershberger Road, N. H.o east of. Nilliamson Road~ describedas Lots 19 and 20. Block 2, Airlee Court. from General Residence District to Business District, having previonsly been before Cooccil for its first reading, read and laid over, was again before the body, Hr. Nheeler offering the folloming for its second reading and final adoption: (=13219) AN ORDINANCE to amend and reenact Title XY, Chapter 4. Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 22, Page 312.) Mr. Hheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Decker and adopted by the following vote: 347 348 AYES: Council members Decker, Dillard, Pickett, Webber, West, Nheeler, and the President, Hr. Young ............ 7. NAYS: Hone .................. O. STREETS AHD ALLEYS-SCHOOLS-PARKS AND PLAYGROUNDS: Ordinance No. 13221, authorizing the exchange of certain real estate between the City of Roanoke and Mr. G. N. Reed. Jr** in connection with the extension of Blenheim Road, S. W.o from Blair Road to Shrine Street, having previously been before Council for its first reading, read and laid over, mas again before the body, Hr. West offering the following for its second reading and final adoption: (z13221) AH ORDINANCE authorizing the exchange of certain real estate be- the City of Roanoke end G. H. Reed, Jr. (For full text of Ordinance, see Ordinance Book No. 22, Page 313.) Hr. West moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett. Rubber, #est, Nheeler, and the President, Mr. Young ............ 7. NAYS: None .................. O. STADIUM: Council at its meeting of October 20, 1957, having directed the preparation of an Ordinance providing for the construction of ceilings over the toilets at Victory Stadium, Mrs. Pickett moved that the following Ordinance be placed upon its first reading: (z13227) AN ORDINANCE authorizing the construction of ceilings, etc., over the toilets at Victory Stadium to be paid for from bond funds in the Armory Stadium Account. IHEREAS, the Department of Uealth has recommended that self-closing doors and ceilings with adequate screen vents be added to the toilet facilities at Victor Stadium, in which recommendation the City Manager concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized to cause self=closing doors and ceil- ings with adequate screen vents to be constructed in connection with the toilet facilities at Victory Stadium at the estimated cost of Sd,OO0. O0 to be paid from bond funds in the Armory - Stadium Account. ~he motion was seconded by Mr. Decker and adopted by the following vote: AYES; Council members Decker, Dillard, Pickett, Hebber, Heat, Nheeler, and the President, Mr. Young ............... NAYS: None ..................... O. pURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of October 26, 1957, having directed the preparation of an Ordinance providing for the acquisi- tion of certain real estate needed for the extension of Hiley Drive up Roanoke Rive: Mr. Decker offered the following emeroency Ordinance: (z13229) AH ORDINANCE providing for the acquisition of certain real estate needed to extend Wiley Drive up Roanoke River; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 316.) Mr. Decker moved the adoption of the Ordinance. Tke motion Was seconded by Mrs. Pichett amd adopted by the foil.ming vote: AY£S: Council members Decker, Dillard, Pickett, Webber, West. Mheelero and the President, Hr. Young ............ 7. NAYS: None .................. O. BRIDGES: Council at its meeting of October 2fl, lqST, having directed the preparation of necessary Desolations to rescind Resolution No. 13194, adopted on the 30th day of September. 1957, and to re-adopt the provisions of said Resolution, substituting Tinker Creek for Carries Creek therein, Mr. Nheeler offered the foil.m- ing Resolution repealing Resolution No. 13194: (g13229) A RESOLUTION repealing Resolution No. 13194. adopted by this Coun- cil on the 30th day of September. 1957. (For full text of Resolution, see Resolution Book No. 22, Page 317.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. West and adopted by the following vote: AYES: Council,members Decker, Dillard, Pictett. Webber, West. Wheeler, and the President, Mr. Young ............ 7. NAYS: None .................. Mr. West then offered the following Resolution re-adopting the provisions o! Resolution No. 13194, substltutin9 Tinker Creek for Carries Creek therein: (n13230) A RESOLUTION advising the State Department of Highways of this Council*s willingness to participate 50 per cent in the cost of constructing a new bridge over Tinker Creek into Palmer Park. replacing the present bridge at such location. (For full text of Resolution. see Resolution Book No. 22. Page 317.) Mr. West moved the adoption of the Resolution. The motion was seconded by imf. Decker and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, Webber, West. #heeler, and the President, Mr. Young ............ 7. NAYS: None .................. O. MOTIONS AND MISCELLANEOUS BUSINESS: MUNICIPAL AUDITORIUM: Dr. E. G. Gill appeared before Council, stating that the loss of the American Legion Auditorium mhich burned on November 3, 1957, points up the need for a municipal auditorium, and suggested that the body hold a series of public hearings on the report previously submitted by a committee of which be was Chairman recommending the erection of an auditorium and war memorial in Elmuood Park, mith a view of clarifying the differences.of opinion in the community on the subject. Mr. Webber moved to table the matter for consideration at the next regular meeting of Council. Th~ motion was seconded by Mr. West and adopted. BUDGET: The City Manager presented his proposed budget for the fiscal year 1958. Mr. Wheeler moved to take the proposed budget under consideration. The motion was seconded by Mr. Mest and adopted. 3~49 35O CITY NARKET: The City #wander reported that ua provision is coutulued lu the emergency measure, due to the loss or the American Legion Auditorium, he hasaUthOr. ized tewporury concession privileges os the basis of tea per cent or gross receipts to be paid to the City or Rosnohe, Hr, Webber moved to direct the City Attorney to prepare au Ordinance to provide for concession privileges ut the City barker Auditorium on the basis of ten per cent of gross receipts from said concessions to be paid to the City of Roanoke for the privilege. The motion was seconded by Hr. West and adopted, INVITATIONS: The Rayor presented a letter from the Pulaski County Chamber of Commerce, advising that a meeting will be held on November 4, 1957, at 7:30 o'clock, p. m., at the Maple Shade Inn, in Pulaski, Virginia, for the purpose of considering the proposed north-south interstate highway, to which meeting a number of communities are being invited to send representatives with a view of supporting the location of this route over Route 100 through Virginia, the Rayor stating that due to the fact that the meeting is to he held on the same evening the letter was received he feels that it will be Impossible for the City of Roanoke to send a representative. The City Clerk was instructed to ~rite a letter to the Pulaski County Chamber of Commerce, advising the Chamber of the conditions and expressing regret the city*s inability to send a representative. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Moeday0. November 11, 1957. The Council of the City Of Roan,he met ia regular meeting in the Coaecll Chamber in the Municipal Building, Monday, November 11, 1957, at 2:00 **clock, p. m. the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard, Pickett, Mebber, West, Mheeler, and the President, Mr. Young .......... ?. ABSENT: None .................. O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. Harry R. Yet*s, City Aeditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Lewis F. Ovenshire, Pastor, Uoodmin Memorial Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, Novem- ber 4, 1957, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. West and adopted, the readin9 was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a petition from business house: located on Salem Avenue, S. M., between Third Street and Fifth Street, requesting that Council consider opening an alley or a street beta*em Salem Avenue and Norfolk Avenue, S. N., in the Vicinity of Fourth Street. Mr. Dart UalbraJth, a spokesman for the petitioners, appeared and stated that the business houses in the area did not oppose the closing of the alley run- ning between Salem Avenue and Norfolk Avenue, S. M., west of Third Street, because they mistakenly understood that a new alley would be provided in the vicinity of Fourth Street in lieu thereof, stating further that the traffic pattern in the block makes it difficult for business houses to get to the downtown section since they hate to go six or eight blocks out of the way, and that an opening between Salem Avenue and Norfolk Avenue, ~n the vicinity of Fourth Street, would relieve considerably the traffic congestion Jn the two blocks of Salem Avenue concerned. Also appearing in support of the request were Messrs. Clem D. Johnston, Benson M. Phelps, W. T. Pedigo and M. T. Cooke. Mr. Webber moved to refer the matter to the City Manager for study and submission to Council of a plan or plans to provide a thoroughfare as requested. The motion was seconded by Mr. Wheeler and adopted. LICENSE TAX CODE: The City Cler~ presented a communication from Mr. John D. iCopenhaver, Attorney for the Roanoke theaters, requesting that the amount Of tax exempt admissions for admissions tax purposes under Title VI, Chapter 5, Section 3, of the City Code, be raised from ten cents to ninety-nine cents. Mr. Copenhaver appeared before Council and stated that the theaters in the city have been operating at a deficit during the past few years due to competition from television, that several theaters have been forced to close for that reason and that the request for revision of the tax law Is being made in order to permit them to stay in business. '351 352 Mr. Wheeler moved to refer tho request to · committee consisting of Messrs. Randolph G. Whittle, Chairman, Harry R. Yates old Andrew i. Gilbert rot study and recommendation. The motion was seconded by Mr. Decker ·nd ·dopted. ZONING: The City Clerk presented a petition from Messrs. Mlllium E. and Herschel W. Clover, req·estlng th·t · 3.98-acre tract of land on the west side or Milliomson Road, N. W., at its intersection with the corpor·te limits, be rezoned from General' Residence District to Business District. Mrs. Pickett moved to refer the request to the City Planning Commission for study end recommendation. The motion was seconded by Mr. West and adopted. BUDGET-COMMISSIONER OF THE REVENUE: The City Clerk presented a communlcntJot from the Commissioner of the Revenue, advising that due to the large number of ipersons who have failed to file their tax returns and the necessity of sending out inotlces to those persons, his postage account is exhausted, and requesting an appropriation of $400.00 for this purpose, advising th·t he has been informed by the State Compensation Hoard that it will concur in the ·pproprlation. Hr. Dillard moved to concur in the request of the Commissioner of the Revenue and offered the following emergency Ordinance: (n13231) AN ORDINANCE to amend and reordaln Section uS, "Commissioner of Revenue', of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 22. Page 320.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, West, Wheeler, and the President, Mr. Young ............... 7. NAVS: None ..................... O. STREETS AND ALLEYS: The City Clerk presented a petition from Mrs. Ruth E. Haynes, et al, requesting that an alley located in Block 10, Exchange Building and Investment Company. running north and south between Woods Avenue and Allison Avenue S. N., west of Franklin Road, be vacated, discontinued and closed, along with a report of the City Planning Commission, advising that a study Of this matter revealed that many years ago an alley was dedicated through the block to replace the above alley, and as a result the said alley has never been opened, the City Planning Commission recommending that the request of the petitioners be granted. Mr. Webber moved to hold a public hearing in the matter at 2:00 o'clock, p. m., Monday, December 9. 1957, in the Council Chamber in the Municipal Huilding, and to direct the attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to ~he City Clerk for publication. The motion was seconded by Mr. Wheeler and adopted, Mr. Dillard voting no. REPORTS OF OFFICERS: ARMOR IES-MAHER FIELD: The City Manager reported that subsequent to the pav- ing of the area under the west stand at V~ctory Stadium it has been necessary for the Virginia National Guard to park its vehicles in the open at Raher Field, mhich has resulted in vandalism, and that after considerable discussion of the problem with officers of the National Guard, the Department of Parks and Recreation and the Engineering Departuent, the AdJutant General of Virginia has advised that if the city will furnish approximately one acre of land at Maher Field for the purpose, the Commonmealth will secure federal funds and construct a parking building thereon and will also erect n security fence around the area, as well as pave the area of the compound outside of the building with four inches of compacted gravel, the City Manager recommending that Council adopt an Ordinance, granting the use of the approximately one acre of land required to the Commonwealth of Virginia rot a period of twenty-five years. Mr. Webber moved to direct the City Attorney to prepare a proper Ordinance carrying out the recommendation of the City Manager. The motion was seconded by Mr. Dillard and adopted. APPOINTMEnTS-POLICE OEPARTMENT: The City Manager reported the employment.of Messrs. James Russell Young and Robert Lee Millis as members of the Police Depart- ment, effective November 1, 1957. The report was ordered filed. BUDGET-ELECTIONS: The City Manager requested the transfer of $400.00 from Stationery and Office Supplies to Salary. Extra Employees in the Electoral Doard account of the 1957 budget to provide for payment of extra employees needed in connection With the general election. Mr. Mheeler moved to concur in the request of the City Ranager'aud offered the following emergency Ordinance: (a13232) AN ORDINANCE to amend and reordain Section =1S2, *Electoral Board* of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22. Page 3~0.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. West and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Webber. Nest. Mheeler. and the President, Mr. Young ............... 7. NAYS: None ..................... O. BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager reported that by reason of the increased cost of dregs there are insufficient funds in the Supplies account of the City Pbyslcian*s budget, and that by reason of the increase in hospitalization of indigents in the city additional funds will be required for that purpose, recommending anappropriation of $20,003.00 to For Indigent Patients in the Hospitalization account and'S2,030.03 to Supplies in the City Physician*s account for. pnrchaseof drugs. Mrs. Pickett moved to concur in the recommendation of the City Mannner and offered, the following emergency Ordinance: (=13233) AN ORDINANCE to amend and reordain Section u50, *Hospitalization", andiection #51. *City Physician?, of the 1957 Appropriation Ordinance, and provid- ing for an emergency. (For full. text of Ordinance. see Ordinance Dook No. 22, Page 321.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted ~y the following .vote: .~'353 354 AYES: Council members Decker, Dlllerd0 Pickett, Webber, Meat, Wheeler, and the President, Mr. Young ............... 7. MAYS: N,an ..................... O. SEWAGE DISPOSAL: The City Manager requested that Council adopt a Resolution authorizing the Acting Superintendent of the Semage Treatment Plants for and on behalf of the city. to sign request for tax-free alcohol, advising that this action is necessary because of the change in management at the Sewage Treatment Plant. Mr. Mheeler moved to concur In the request of the City Manager and offered the following Resolution: (~15234} A RESOLBTXON authorizing H. S. Zi~merman to sign requisite docu- ments pertaining to the City's tax-free alcohol permit. (For full text of Resolution. see Resolution Book No. 22. Page 321.) Me. Mheeler moved the adoption of the Resolution. The motion mas seconded by Mr. Must and adopted by the f,Il,ming vote: AYES: Council members Decker. Dillard. Pickett. Nebber. Must. Wheeler. and the President. Mr. Young ............... ?. NAYS: None ..................... O. REPORTS OF COMMITTEES: NONE. UNFINISUED BUSINESS: ZONIWG: The Council at its meeting of September 3, 1957, having referred to the City Planning Commission for study and recommendation a request of Mr. G. Fralin that his property containing ID. lB8 acres, located on the southeasterly side of Milliamson Road at the northern city limits, be fez,ned from General Residence District to Business District, the City Planning Commission submitted its report, advising that inasmuch as the land is now bounded on the west and on the east by business districts, it should be fez,ned to conform to the classification of adjoin- ing properties, except that the rear portion of the said tract which fronts on Curtis Avenue should remain classified as Ueneral Residence District in order to protect the existing residential neighborhood from business encroachments, the Commission recommending that Council grant the request of the petitioner with the exception noted. Mr. Mebber moved to hold a public hearing on the request as submitted by the petitioner at 2:00 o'clock, p. m., Monday, December 9. lgS?, in the Council Chamber in the Municipal Building, and to direct the attorney for the petitioner to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion mas seconded by Mr. Mheeler and adopted. ZOMING: Conncil at its meeting of September 30, 1957, having referred to the City Planning Commission for study and recommendation a petition from property !omners, requesting that their properties fronting on the west side of Grandin Road, S. N.. between Mestover Avenue and Sherwood Avenue. and on the east side of Grandin Road, S. W., between Bluemont Avenue and Sherwood Avenue, be Fez,ned from General Residence District and Special Residence District to Business District, the City Planning Commission submitted its report, advising that after studying the location of the properties in question in relation to existing residential and business in the immediate neighborhood, it is of the opinion tbet the residential properties mltbie the urea requested to be rezoned are substantial structures and that they should remain classified For residential purposes, that it does not believe there is need For the expansion of the business district on Grandin Road at this time, the Commission therefore recommending that the request of the petitioners be denied, The City Clerh reported that the attorney rot the petitioners has requested that the muttev be laid over until the next regular meeting of Council to provide time in mhich be may determine uhether or not the petitinners desire a public hear- lng in the matter. There being no objection, the matter was tabled until the next regular meet- lng of Council. ZONING: Council at its meeting of October 21, 19S?, having referred to the City Planning Commission for study and recommendation a petition From Hr. J. C. Glass, et al, requesting that their properties located on the south side of Orange Avenue, N. I** between Fifteenth Street and Sixteenth Street, be rezoned from General'Resldence Olstrict to Business District, the City Planning Commission sub- mitted its report, advising that the bloch in question has seven residences located within it, which is in beeping with the residential character of the greater portion of Orange Avenue, and in its opinion there is no need for additional business property to serve the immediate residential neighborhood, the Commission recommend- ing that the request be denied. The City Clerk advised that he has been unable to contact the petitieners and requested that the matter-he laid over For one week to determine whether or not a public hearing is desired. There being no objection, the matter was tabled until the next regular meet- ing of Council. ZONING: Council at its meeting of November 4, 1957, having referred to the City Planning Commission For study and recommendation a request of Rt. C. Gilbert Oliver that Lot 34. Nountain Scenery Subdivision. located on the north side of Raplelawn Avenue, N. N., east of Nilliamson Road, be rezoned From General Residence District to Business District. the City Planning Commission submtttedits, report, advising that the requested rezoning would be n natural extension of a business district, and recommended that the request be granted. ,' Rr~ #heeler moved to hold a public hearing in the matter at 2:00 o'clock. p. m.~ Ronday, December 16, 1957. in the Council Chamber lathe gunlcipal Building, and to direct the attorney for the petitioner to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerh for ~ublicatlon. The motion was secondedby Mr. Nebber and adopted. STREETS AND ALLEYS: Council at its meeting of November 4, 1957, havin9 !eferred to the City'Planning Commission. for study, and recommendation the request of Corer Construction Company, Incorporated, that an alley between Ashlawn Street and Bedford Street, $. M., running through Block .11, Section 3, RoanokeDevelopment Company, be vacated, discontinned~and closed, the City Planning Commission submitted its report, advising that the alley in question has never been~opened and since the property is zoned For heavy ledustry the closing of the alley will providebetter 355 356 of the lind, the Bilmisalom recommending ,blt the request he grnnted, provided that the city retain any easements which may be necessary for existing public utilities. Mr. Wheeler moved to hold a public hearing la the matter at 2=00 otclooko p. m** Monday. December 16. 1957. ia the Council Chamber in the MuntcipIl Building. and to direct the attorney rot the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney iud present It to the City Clerk for publication. The motion man seconded by Mr. West and adopted. STREETS AND ALLEYS: Council at fin meeting of November 4. 1957. having referred to the City Planning Commission for study and recommendation the request of the Fellowship Baptist Church that 100 feet of a IS-foot alley lying Immediately behind its property on the southeasterly side of Murray Avenue. S. E** be,munn iNintb Street and £1eventh Street. be vacated, discontinued and closed, the City Planning Commission submitted its report, advising that the portion of the alley covered by the request dead ends into the site of the Jackson Junior nigh School owned by the city. and that since the portion of the alley in question lies entirel between the property of the church and the city, in the opinion of the Planning Commission closing of the said alley mill cause no inconvenience to any person or the public, the Commission recommending that the request be granted, the city retaining any easements which may be necessary to protect existing public utilities Mrs. Pickett moved to hold a public hearing in the matter at 2:00 o'clock, p. m., Monday, December 16, 1957, in the Council Chamber in the Municipal Building, and to direct the attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for ublication. The motion was seconded by Mr. Nest and adopted, Mr. Dillard voting MUNICIPAL AUDITORIUM: Council at its meeting of November 4, 1957, having abled for consideration at its next regular meeting the question of appointing a committee to investigate the matter of erecting a Mnnicipal Auditorium, the matter again before the body. Mr. Webber stated that he does not believe a committee should be appointed until Council has had some indication that the people of the city are more amenable to the construction of an auditorium than when they defeated a bond issue for that purpose in November, lg55, and moved to hold an informal public hearing on the question of constructing a Municipal Auditorium at 7:30 o'clock, p. ~., Tuesday, January 7, 1953, at the Jefferson High School Auditorium, at which time citizens and groups in the city cnn be heard both for and against the project. The motion was seconded by Mr. Mheeler and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES ANI) RESOLUTIONS: ZONING: Ordinance No. 13224, rezoning property located on the northeast of Melrose Avenue and Nineteenth Street, N. W., designated as Lots 9, IO and 11, Block 66, Melrose Land Company, from Special Residence District to Business District, having previously been before Cooncil for its first reading, read and laid over. mas again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (n13224) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of tke City of Roanoke,' 1956, la relation to Zoning, (For rail text or Ordinance, see Ordinance Book No, 22, Page 318.) Nrc. Pickett moved the adoption of the Ordinance, The motion was seconded by Hr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pichett, Mebber, Year, Rheeler, and the President, Mr. Young .............. ~?. NAYS: None ..................... O. ZONING: Ordinance No. 13225, fez,ming three parcels of land fronting on the northerly side of Heir,se Avenue, N. M** west of Country Club Drive. Official Tax Nos. 2660107, 2660109 and 266o12o, from General Residence District to Susiness District, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Rheeler offering the following for its second reading and final adoption: (z13225) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Rook No. 22. Page 3lO.) Hr. Rheeler moved the adoption of the Ordinance. The motion was seconded b Mr. Rest and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Nebber. Rest. Nheeler, and the President, Mr. Young ............... NAYS: None ..................... O. Hr. Nebber then moved to direct the City Attorney to prepare an Ordinance )rovidlng for the acceptance from Hr. George Hissak of a SO-foot strip of land ~cross the rear of properties of Mrs. Edna J. Reck and Mr. J. A. Suttenfield. under contract for purchase to gr. ~tssnk, as offered by his Attorney, Hr. Richard Pence, at the Council meeting of November 4. 1957. The motion was seconded by Mr. Rheeler and adopted. STADIUH: Ordinance No. 13227. providing for the construction of ceilings over the toilets at Victory Stadium~ having previously been before Council for its first reading, read. and laid over, was again before the body, Hr. Decker offering the following for its second reading and final adoption: (n13227).AN ORDINANCE authorizing the construction of ceilings, etc.. over the toilets at Victory Stadium to bepaid for from bond funds in the Armory Stadium Account. (For full text of Ordinance, see Ordinance Dock No. 22, Page Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Hr. Rest and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, ~ebber, Mast, Rheeler, and the President. Mr. Young ............... 7. NAYS: None ..................... O. CITYMARKEY: Council at its meeting of November 4, 1957, havingdirected the preparation of an amendment to the City Code providing for the granting of conces- sion privileges at the City Market Auditorium, Mr. Rheeler offered.the following emergency Ordinance: 357 358 (c13235) AN ORDINANCE to amend end reordnla subsection (n) o! Section 3. 'Rental charges rot use or market bulldlngU, or Chapter 2. of Title IX, or The Code of the City or Roeuoke, Virginia.1956: tad providing rot nn emergency. (FOF full text of Ordinance· see Ordinance Book No. 22, Page 322.) Hr. Rheeler moved the adoption of the Ordinance. The uotiou Mas seconded by Hr. Meat end adopted by the folloming vote: AYES: Council members Decker, Dillard. Pickett, Nebbero West, Mheeler. and the President, Hr. Young ............... 7. NAYS: None ..................... O. SCHOOLS-PARKS AND PLAYGROUNDS: Council at its meeting of November 4, 19ST, having directed the preparation of n Resolution to approve Joint use policies of properties under the control of the Roanoke City School Board end the Department of Parks and Recreation. Hrs. Pickett offered the following Resolution: (a13236) A RESOLUTION approving the Joint use policies of properties under the respective immediate control of the Roanoke City School Board and of the Roanoke City Department of Parks and Recreation as submitted by the heads of the said departments and as approved by the City Manager. (For full text of Resolution. see Resolution Book No. 22, Page 322.) Bra. Pickett moved the adoption of the Resolution. The motion wes seconded by Rr. Dillard and adopted by the following vote: AYES: Council members Decker, Dillard. Plchett, Mebber· Meat, Wheeler, and the President, Mr. Young ............... 7. NAYS: None ..................... O. HOUSING: Council at its meeting of November 4, iRS?, having referred to the City Attorney for study a proposed Ordinance authorizing the execution of a Supple- mental Agreement with the City of Roanohe Redevelopment and Housing Authority in connection with the Commonwealth Redevelopment Project, the City Attorney reported that the proposed Ordinance is in order, whereupon, Mr. Mebber moved that the follol lng Ordinance be placed upon its first reading: (~13237) AN OHOISANC£ authorizing and directing the President of the Council and the City Clerk, for and on behalf of the City of Roanoke, Virginia, to enter into and execute a supplemental agreement with the City of Roanoke Redevelopment and Housing Authority relative to carrying into effect the slam clearance and redevelop- plan for the City of Roanoke designated "Hedevelopment Plan of Project No. UR ~A 7-1 or Commonwealth Redevelopment Project," and amending and altering the amount of the one-third of the net cost of the said Project to be paid by the City of ~onnoke by local grants-in-aid furnished by the City for the said Project, and alter tng and amending the estimated amounts of the said grants-in-aid for said project. WHEREAS, by OrdinanceNo. 12382, adopted by the Council of the City of Roanoke, Virginia, on May g, 1955, the President of the Council was directed to · and the City Clerk was directed to affix the seal of the City thereto and attest the same, an agreement for and on behalf of the City of Roanoke with the City of Roanoke Redevelopment and Housing Authority, providiog for the payment by the of its one-third of the net costs of carrying into effect the redevelopment )lan prepared by the City of Roanoke Redevelopment and Housing Authority for the area in the Northeast section of the City of Rosnoke, and designated as the ~Redevelopment Plan for Project No. UR VA ?-1 or Commonwealth Redevelopment Projectw by the City making grants-in-aid in the therein set forth estimated nwounts~ and NUEREAS, said agreement dated June 0, 1955, mas accordingly executed, for and on behalf of the City. by the said President of the Council end said seal of the City mas affixed thereto and attested by the City Clerk. pursuant to said Ordinanee~ and MREREAS. the one=third net costs of the said Project to be borne by the City under the said agreement is mom estimated to be in the amount of $1.053,674.00~ and RHEREAS, there have been Increases in the amounts of the 9rants-In-aid to be provided by the City. as set forth in the said agreement of Jnne 6. 1955. which should be credited to the City; and MHEREAS. a supplemental agreement has been prepared as is hereinafter set forth, statin9 the changes in the said amounts of said Project Costs and grants-in- aid; and MHEREASo in order to complete the plan and carry out said agreement of June 0. 19SS. it is necessary that said supplemental agreement between the City and said Authority be executed. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That in order to carry into effect and complete the slum clearance and redevelopment plan prepared by the City of Roanoke Redevelopment and Housing Authority, destRnated *Redevelopment Plan for Project No. UR VA ?-1 or Commonwealth Project," and to also carry into effect the agreement between the City of Roanoke and the City of Roanoke Redevelopment and Ilousing Authority, dated June 0. 1955, this Council hereby approves a supplemental agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority in the following words and form; i.e.: SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT, entered into this day of October, 1957, by and between the CITY OF ROANOKE REDEYELOPRENT AND HOUSING AUTHORITY,, a duly organized and existing body politic of the Commonwealth of Virginia (herein called the *Anthority")und the CITY OF ROANOKE, a Municipal cor- poration of the Commonwealth of Virginia (herein called the *City.w) THAT. WHEREAS, on June 6, 1955. the parties hereto entered into an agree- ment in regard to *Redevelopment Plan for Project No. UR VA 7-1 or Commonwealth Project," providing that the Citypuy one-third of the net costs of said Project by making certain local grants-in*aid in a total amonnt equal to one-third (or the balance) of the net costs of the project, the Federal Government contributing two- thirds of~ the net cost of the Project, mhich said net cost of the Project was there- in set forth to be required in the total amount' of $1.025,650.00; and NHEREAS, the payment of said total sum of $1.025,650.00 by the City 'by said local grants-in-aid therein provided for in item (1) of said agreement of June 6, 1955. mas to be nude by=the City.performing certain actions and being entitled to certain creditsbased upon estimates thereof as of that time~ and '359 360 VBEBEAS, the estimated anoints of said grants-in-mid, as of tke present time now in increased amounts, as hereinafter set forth, and likewise the net cost of the ProJect and the one-third auouut or said net cost required to be paid thereunder by the City is likewise presently la a larger amount than nas provided in the said agreement of June 8, 1955, as hereinafter set forth{ nnd MHEREAS, it Is the desire of the parties to amend said agreement of June 8, 1955, to provide for the payments of said larger auounts by larger amounts of grants in-aid, as hereinafter set forth; HOH, THEREFORE, in consideration of the benefits to accrue to the City and its citizens from the completion of the Project and the mutual covenants herelnaftel set forth, the Authority and the City agree as folloms: 1. Xn order to assist the Authority in completing the Project, the City agrees to make the follomlng gmara-in-aid by the increase in the estimated amounts provided for in said agreement of June O, IqSS, (reference being to the same numbers and letters for the said items as provided for in the said agreement of Jnne 6. 1955o) to pay the Authority the total sum of $1,063,674.00 (hereinafter now referred to ns the "new base figure#) in cash; fa} Provided. however, that if by December 31, 1957. the City has conveyed the Authority the fee simple title, free from all encumbrances, those certain parcels of land more particularly described in item I-(a) of said agreement of June H, 1955, there shall be credited against the men base figure the cash fair ket value of such property as is conveyed at the time of conveyance, which is estimated to be $14,871.00; (b) Provided, however, that if the City has caused to be constructed. In accordance nlth paragraph l=(b} of the said agreement of June 8, 1955, the water distribution system, there shall be credited against the said new base figure the actual cost of the construction of the said system, now estimated to be the amount of $65,000.00; (c) Provided, however, that if the City has instituted the construction of an elementary school, as provided for in paragraph I-(c) of said agreement of Jnne 1955, there shall be credited upon the completion of the same against the men base figure the total cost of said school and equipment, now estimated to be $455,000.00 (d) Provided. however, that for the new Lucy Addison High School building and site there shall be credited against the said new base figure, ns provided in paragraph l=(d) of said agreement of June H, .1955, 33-1/3~ of the cost thereof, viz: $545,822.00; (e) Provided, however, that if the City purchases from the Authority at its then fair value and develops for additional school playground area for the Gainer School the area as provided for in paragraph i-(e) of said agreement of June 6, 1955. there shall be credited against the new base figure 30~ of the total estimated costs or the estimated amount of $12.000.00; (f) Provided, however, that there shall be credited against the new base figure the cost of the improvements and realignment of Second Street between Orange Avenue and the south boundary of the ProJect. the amounts as provided in paragraph I-(f) of said agreement of June H, 1955, bat it is non estimated that the amount to be so credited against the said base figure will be $34,168.00. (g) There shall also be credited against the said new base flgere the cost of the demolition and Femoral which hare been borne by the City, which are $300.00 for rodent control nnd $6,000.00 for burning of buildings nad rubbish nad the extinguishing of fires in the project area. 2. All other terms nnd provisions of the said agreement of June 8, 1955, between the parties hereto shall remain unchanged by this agreement, except that the figure of $1,025,U$0.00. appearing In the last paragraph of the agreement of June e, 1955, on page six (6) thereof, is hereby increased to the amount of $1,063,674.00. IN MITNESS MR£REOF, the City and the Authority have, respectively, caused this agreement to be duly executed as of the day and year first above written: CITY OF ROANOKE ATTEST: Hy: President of City Council City Clerk CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORIYY ATTEST: By: Chairman Secretary (2) The President of the Council is hereby directed to execute said supple- mental agreement, and the City Clerk Is also directed to affix the seal of the City thereto and attest the same, for and on behalf of the City of Roanoke, and that the same, upon such action by the said President of Council and City Clerk. be the agreement of the City of Roanoke. The motion was seconded by Mr. West and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Mebber. Mest. Nheeler. and the President, Mr. Young ............... 7. NAYS: None ..................... O. MOTIONS AND MISCELLANEOUS BUSINESS: ELECTIONS-SCHOOLS: The Mayor stated that be has consulted with the City Attorney concerning the preparation of a freeholders list to be used In connection with the March 11, 19§9. bond issue election and presented a letter from the City Attorney. advising that after discussing the matter with the Commissioner of the Revenue and the City Auditor. it appears that the most practical way of providing such a list will be to have the Commissioner of the Revenue*s office prepare a list of the owners of real estate in the city go alphabetically arranged cards, the information for which could be taken from the basic real estate tax assessment card! and which list can be kept up-to-date in the Commissioner of the Herenne's office, then the information from these cards to be transferred to the address,graph plates for qualified voters in the Reglstrar's office when that equipment is installed on or about January 15, 1958. after which a freeholders voting list can be compiled on the address,graph equipment, the City Attorney further advising that in his opinion the cost of preparing such a list will be somewhere in the seighborhood of to $2,000.00. Mr. Wheeler moved to direct the City Attorney to prepare a Resolution pro- riding for the preparation of a freeholders voting list based upon his report. The motion was seconded by Mr. Dillard and adopted. 361 362 CURB AlqD GUTT£R-STR£ETS AND ALLEYS: The Mayor presented n eowuunlcatlon from ir. A. K. Slumons,. 3106 Forest Bill Avenue, N. N., expressing his upprecintion to Council for having caused curb and gutter and street pxveuent to be coBatructed on the streets adjacent to his home, but complaining that the new street grade In the rear or his property is now some six inches above his yard grade, Mr, Simmons stat- ing that he feels the city should regrade his property in order to cause the water to flow into the street rrou his home. Hr. Webber moved to file the communication. The wotion was seconded by Mr. West and adopted. Hr. Dillard voting no. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING. Monday, November lB, 1957. The Council of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Monday, November lB, 1957, at 2:00 .*clock, p. m the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard, Webber, West, Nh.el.r, and the President. Mr. Yonng ............... 6. ABSENT: Mrs. Pickett ....... 1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, gr. Randolph G. Whittle City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Robert F. Beattie. Pastor. Our Lady of Nazareth Catholic Church. BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appala- chian Electric Pomer Company, transmitting a report on the installation of ten 2500 lumen street lights in the city during the month of October. 1957. The report mas ordered filed. BUDGET-ROANOKE BAR ASSOCIATION: The City Clerk presented a communication from the Roanoke Bar Association, transmitting a Resolution of the said ass.cant}or requesting that Council increase the salary supplement paid by the city to the Judges of the courts of record in the city. in order that such supplements might compare ~ore favorably with salary supplements paid by other cities of the Common- wealth. Mr. Wheeler moved to table the matter for consideration along math the 195B budget. The motion was seconded by Mr, Dillard and adopted. BOUSING-STREETS AND ALLEYS: The City Clerk presented a petition from the City of Roanoke Redevelopment and Bousing Authority, requesting that certain streets and alleys in the Commonwealth Redevelopment Project area be vacated, dis- continued and closed, and that commissioners be appointed to view the said streets and alleys and report thereon, along with a Resolution for the appointment of the commissioners requested. The City Clerk also presented a report of the City Planning Commission, advising that the petition is in accordance mlth the redevelopment plan, and recom- mending that the request be granted, the city retaining any easements which may be necessary to protect its interests, the Commission further stating that in its opinion official action of the City Council in vacating said streets and alleys should be concurrent with the action of the Housing Authority in recording a cor- rected subdivision plat of the Commonwealth Redevelopment Project area. Mr. Webber moved to refer the Resolution to the City Attorney to determine whether or not it conforms to the contract berm.em the city and the }lousing Author- ity. The motion was seconded by Mr. Wheeler and adopted. BUDGET-COMPANSATION BOARD: The City Clerk presented a communication from the State Compensation Board, advising that it mill hold a hearing in Richmond, 36'3 364 Virginia, at !0:00 o'clock, a, m.. Wednesday, Novewber 20, 1957, to fix the sala- ries and expenses of the City Treasurers, the City Sergeants, the Cowmlssloners or the Revenue, and the Cowmonwealth Attorneys, the City Clerk also presenting copies of the budget requests or the said officers to the Compensation Doard. Mr. Dillard moved to table the matter for consideration along with the 1956 budget study. The motion sas seconded by Hr. Webber end adopted. REPORTS OF OFFICERS: TRAFFIC-STATE HIGHWAYS: The City Wanager reported that after consultation with officials of the Virginia Department of Highways and officials of Roanoke County, a plan to relieve the t~affic problem at the intersection of Williamson Road and Hershberger Road has been agreed upon between the state, city and county, and that the Virginia Department of Highways has agreed to pay one-half of the iota! cost of $3,600.00 for certain traffic signals at the said intersection, the City Ranager recommending the project and requesting that he be authorized to eater into an agreement with the state covering the erection of the traffic signals. Wt. Webber moved to table the matter for consideration. The motion was seconded by Hr. Wheeler and adopted. BUDGET-JHYENILE DETENTION HOWE: The City Wanager presented a request from the Judge of the Juvenile and Domestic Relations Court for a transfer of $400.00 from Repairs to Supplies in the Juvenile Detention tlome account of the 1957 budget. in which request the City Manager concurred. Mr. Wheeler moved to deny the request. The motion was seconded by Mr. Dillard and adopted. BUDGET-PARRS AND PLAYGROUNDS: The City Manager presented a request of the Director of Parks and Recreation for a transfer of $500.00 from Supplies to Repairs in the Parks and Recreational Areas account of the 1957 budget, for the purpose of preparing a room at llighland Park where the employees of the Department of Parks and Recreation can wash ap and hare their lunch, the City Manager recommending that the matter be considered along with the 1959 budget. Wr. Webber moved to table the matter for consideration along with the 1959 budget. The motion was seconded by Hr. Wheeler and adopted. BUDGET-DEPARTRENT OF PUBLIC WORKS: The City Manager requested a transfer of $2,000.00 from Materials in the Sewer and Drain Constrnctioa account to Materials in the Snow and Ice Removal account of the 1957 budget. Mr. Wheeler moved to concsr in the request Of the City Wanager and offered the following emergency Ordinance: (a13239) AN ORDINANCE to amend and reordain Section nOS, 'Snow and Ice Removal', and Section :141, 'Sewer and Drain Construction*, of the 1957 Appropria- tion Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 330.) Wt. Wheeler moved the adoption of the Ordinance. The motion mas seconded Wr. West and adopted by the following vote: AYES: Council members Decker, Dillard, Webber, West, Wheeler, and the President, Mr. Yonng ................ NAYS: None .................. O. (Mrs. Pickett absent) DUI)GET-PENSIONS: The City Manager requested so appropriation of $239,94 to Consulting Service is the Retirements account or the 1957 budget for the purpose of paying Mr. George D. Duck, Consultant of the £mployee°s Retirement System, for special work performed. Mr. Webber moved to concur In the request or the City Damager and offered the foil*ming emergency Ordinance: (a13259) AN ORDINANCE to amend end reordain Section #13, *Retirements'. of the 1957 Appropriation Ordinance0 and providing for an emergency. (For full text of Ordinance, see Ordinance Dooh No. 22, Page 330.) DF. Webber moved the adoption of the Ordinance. The motion was seconded by Hr. Decker and adopted by the roll*wing vote: AYES: Council members Decker. ~ebber. Rest. Wheeler, and the President, Mr. Young .............................. 5. NAYS: Rt. Dillard .......... 1. (Ors. Pickett absent) REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: Council at its meeting of November 11, 1957, having tabled until its next regular meeting the request for rezonlng of properties on the east side of Grandin Road, S. ~.. between Dluemont Avenue and Sherwood Avenue, and on the west side of Grandin Road. S. N** between Mesa*var Avenue and Sherwood Avenue. to deter- mine whether or not the petitioners desired a public bearing in the matter, the City clerk reported that Mr. Clifton A. Mo*drum, Jr., Attorney for the petitioners, has requested permission to withdraw the petition without prejudice. Mr. Dillard moved to grant the request for withdrawal without prejudice. The motion was seconded by Mr. West and adopted. ZONING: Council at its =meting of November 11, 1957, having tabled for con- sideration at its oext regnlar meeting the request of Rt. J. C. Glass, et al, that their property located on the soath side Of Orange Avenue, N. ~., between Fifteenth Street and Sixteenth Street, be rezofled from General Residence District to Business ,District, in order to determine whether or not the petitioners desired a public ihearing in the matter, the City Clerk reported that the petitioners have reqnested ipermission to withdraw their petition without prejudice. Rro West moved to concur in the request and permit withdrawal of the peti- tion without prejudice. The motion was seconded by Mr. Decker and adopted. ZONING-STREETS AND ALLEYS: Council at its meeting of November 11. 1957, hav- ing directed the City Attorney to prepare an Ordinance to provide for the acceptance of a 50-foot strip of land across the rear of the property of Edna J. and Charles T. Deck, and J. A. and Faith S. Snttenfleld, fronting on tho north side of Melrose Avenue, N. M., west of Country Club Drive, the City Attorney reported that no action can be taken in the matter until the property has been transferred to the new owner nnder the existing contract for purchase, and that he is nnable to comply at this time, but is settt~g the matter forward on his calendar to December 15, 1957. The report was ordered filed. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 365 366 ROUSING: Ordinance Ho, 1323T, authorizing the execution or u Supplemental Agreement math the City of Roanoke Redevelopment nnd Rousing Authority in connectio~ with the Commonwealth Redevelopment Project, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Decker offering the follomlng for its second reading and final adoption: (u13237) AN ORDINANCE authorizing and directing the President of the Council and the City Clerk, for and on behalf of the City of Roanoke, Virginia, to enter into and execute a supplemental agreement with the City of Roanoke Redevelop- ment and Rousing Authority relative to carrying into effect the slum clearance and redevelopment plan for the City of Roanoke designated *Redevelopment Plan of Project No. UR VA 7-1 or Commonwealth Redevelopment Project,# and amending and altering the amount of the one-third of the net cost of the said Project to be paid by the City of Roanoke by local grants-in-aid furnished by the City for the said Project, and altering and amending the estimated amounts of the said grants-in-aid for said project. (For full text of Ordinance, see Ordinance Book No. 22, Page 527.) Mr. Decker moved the adoption Of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYL5: Council members Decker, Dillard, Nebber, Rest, Rheeler, and the President, Mr. Young ............. NAYS: None ............... O. (HFS. Pickett absent) ELECTIONS-SCHOOLS: Council at its meeting of November 11, 1957. having directed the preparation of a Resolution providing for the preparation of a list of freeholders qualified to vote in the School Bond Election of March Il. 1958, Mr. Nheeler offered the foil*win9 Resolution: (~13240) A RESOLUTION directing the Commissioner of Revenue to cause to be prepared a list of the freeholders of the City who are qualified to vote. (For full text of Resolution, see Resolution Book No. 22, Page 331.) Mr. Nheeler moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Decker, Dillard, Rubber, Nest, Rheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Mrs. Pickett absent) Mr. Rheeler then offered the following emergency Ordinance appropriating funds for the preparation of the freeholders list: (z13241) AN ORDINANCE to amend and reordain Section USe *Commissioner of Revenue", of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 331.) Br. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Rubber, Nest, Nheeler, and the President. Mr. Young ............... NAYS: None ................. O. (Mrs. Pickett absent) MOTIONS AND MISCELLANEOUS BUSINESS: STATE CORPORATION COMMISSION: The Mayor presented a notice of a hearing by the State Corporation Commission on the request of Railway Express Agency, Incorporated, of Virginia, for n proposed route for a truck line to be operated by the said company fortbe account of the Norfolk and lestern Railway Company, betuees Roanoke amd Petersburg, Virginlu. said hearing to be held in Richmond, Virginia, on Tuesday. December 17, 1957. ut 10:00 o'clock, e. m. Mr. Dillard moved to file the notice. The motion was seconded by Hr. Nheeler and adopted. INVITATIONS: The Hayer presented u letter from The Honorable W. F. Duck- worth. Mayor of the City of Norfolk. Virginia, Joining with Mayor Robert F. Magner or New York in urging the City of Roanoke to take u direct membership in the American Runicipal Association. Mr. Webber moved to file the communication. The notion was seconded by Hr. Nheeler and adopted. There being no further business. Council adjourned. APPROVED 367 368 COUNCIL, REGULAR MEETING, Monday, November 25, 1957. The Council of the City of Roanoke met in regular meeting la the Council Chamber In the Municipal HuildJng, Monday, November 25, 1g$7, at 2:00 o'clock, p. m** the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard, Plchett, Mebber, Mest, Mheeler, and the President, Mr. Young ............... ?. ABSENT: None ....................... O. OFFICERS PRESENT: Mr. Arthnr S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Charles A. Matkins, Jr., Pastor, Grandiu C,ntt Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, Novem- ber il, 1957, having been furnished each member of Council, upon motion of Mr. Mheeler, seconded by Mr. Mest and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AN~ COMUUNICATIONS: NONE. REPORTS OF OFFICERS: JOB CLASSIFICATION-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager presented a request of Jodge K. A. Pate, Juvenile and Domestic Relations Court, for a new Job description and reclassification of the position of Chief Probation Officer at the Juvenile and Domestic Relations Court, Judge Pate asking that the Job be placed in Croup IV of the Job Classification and Pay Schedule Plan. Mr. Dillard moved to file the request. The motion was lost for lack of a second. Mr. Nheeler then moved to refer the request to a committee consisting of Messrs. Roy L. Webber, Chairman, Leigh B. Hanes, Jr., John Po Cruickshank, E. M. Rushton, Arthur S. Owens, and J. Robert Thomas for study and recommendation. The motion was seconded by Mr. Decker and adopted, Mr. Dillard voting no. SCHOOLS-STORM DRAINS: The City Manager requested that the contract with C. C. Kimberlin and Son for the drilling of drainage wells in the Williamson Road area be extended in the amount of $2,000. D~ in order to provide for a drainage well in the vicinity of the Huff Lane School. Mr. Dillard moved to concur In the request Of the City Manager and Offered the following Resolution: (u13242) A RESOLUTION extending the contract of April 22, 1q57, between C. C. Klmberlin ~ Son and the City of Roanoke for the drilling of drainage wells and installing casings in the Willtamson Road area. (For full text of Resolution, see Resolution Book No. 22, Page 331.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Oecher, Dillard, Pickett, Mebbero Meat, Mheelcr, and the President, Mr. Young ................ NAYS: None ...................... O. POLICE DEPARTMENT: The City Manager reported that Motorcycle Police Officer Joseph B. ling uss injured in line or duty on October 6. 1957. end that the sixty day period during which police ofrtcers who are Injured In the line of duty cnn he paid their regular salary will expire December 50 1957, the City Damager requesting that Council authorize an extension of sixty days* tine during mhich said police officer may receive his full salary, Officer £1ng°s physician having reported that he estimates the said officer will be off from morh rot three to five months. DF. Rheeler moved to concur in the request of the City Damager end offered the following Resolution: (u13243) A R£SOLOTION authorizing and directing that Joseph H. King a member of the Police Department. who is unable to perform his regular duties account of personal injury received in line of duty, be paid his regular salary fOFa perioc of sixty days beginning December 6, 1957. (For full text of Resolution, see Resolution Boob No. 22. Page 332.) Mr. Rheeler moved the adoption of the Resolution. The motion mas seconded by Hr. Mesa and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, NebbeF. Nest, Rheeler, and the President. Mr. Young ............... T. NAYS: None ..................... O. AIRPORT: The City Manager reported that the contract between the city and Hertz U-Drive-It Company for limousine service at the Roanoke Municipal Airport will expire on December 15, lgS?, and recommended that Ordinance No. 12953, be amended by adding thereto the followin9 paragraph: "Each person operating an Automobile for Hire Service at Moodrun Field shall pay to the City, in addition to the other provisions of this Ordinance, 10~ of the gross revenue derived from all such business originating at the Airport. Payment shall be made to the Airport Manager prior to the loth for the month preceding and con- tain a statement in writing certified under oath", the City Manager explaining that his recommendation is designed to eliminate the present contract with the Hertz company and permit other companies doing like busi- ness in the city to operate, at the Municipal Airport, paying the city ten per cent of the gross revenue derived from their businesses originating at the Municipal Airport. Mr. Richard F. Pence, Attorney for Hertz U-Drive-It Company and Aris Rent- A-Car System, the two principal operators at the Airport for this type of service, stated that his clients are opposed to opening the field to more than two operators, and while the Hertz company has a virtual monopoly at the Airport they feel that operations thereat will.permit two, but not more than two, operators to furnish this type of service at a reasonable profit, and that both companies are agreeable to entering into a contract with the city to pay ten per cent of the gross receipts for their operations at the Municipal Airport with a minimum guarantee of $6,000.OO each per annum, provided that not more than two operators are permitted on the field. Mr. Mheeler moved to refer the matter to a committee consisting Of Messrs. Roy L. Rebber, Chairman, Arthur S. Omens, and Harry D. Yates for study and recom- mendation. The motion was seconded by Mr. Nest and adopted. 369 37O BUDGET-CIT! JAIL: The City Haosger reported that the appropriation for Food Supplies in the City Jail account or the 1957 budget has been exhausted and requested an additional appropriation of $2,500.00 roy the remainder of the yeur~ Hrs. Pickett moved to eosnor in the request or the City Reneger and offered the following emergency Ordinance: (a13244) AN ORDINANCE to amend and reordoin Section z30, "Jailu, of the 1957 Appropriation Ordinance, end providing for an emergency. (For rail text of Ordinance. see Ordinance Book No. 22. Page 333.) IFS. Pickett moved the adoption or the Ordinance. The motion mas seconded by Ir. Nheeler and adopted by the folloming vote: AYES: Council members Decker. Dillard. Pickett. lebber, lest, Rheeler, and the President, Ir. Young ............... HAYS: None ..................... O. REPORTS OF CORRITTEES: JOB CLASSIFICATION: The Job Classification Committee composed of Ressrs. Roy L. Webber. Chairman. Lelgh B. Hanes. Jr.. John P. Crulckshank. E. W. gushton, Arthur S. Owens. and J. Robert Thomas submitted a report, advising teat it has observed the operation of the job classification and pay schedule plan, and, after considerable study during the year, prepared a revised plan, based upon its studies and operations, which it presented to Council with the recommendation that it be adopted, effective January 1. 1958. ar. Rheeler moved to table the matter for consideration along with the 1958 budget. The motion was seconded by Ry. Decker and adopted. UNFINISHED BUSINESS: ZONIHG: Council at its meeting of Joll 29, 195T, having referred to the catl Planning Commission for study and recommendation the request of Sol, Harry and Lake Rosenberg, that their property located on the west side of Thirty-first Street, N. W., at the intersection of Relrose Avenue, being Lots I and 2. Block 1, Augell Addition. be rezoned from General Residence Histrict to Business District. the Commission submitted its report, advising that after studying the location of the lots in question in relation to existing substantial residential neighborhood, it is of the opinion that the proposed use will change tbe general character of the neighborhood and depreciate the values of nearby homes, the Commission further stating that in its opinion there is no need for the creation of an additional business district in the area at this time, recommending that Council deny the request of the petitioners. Ry. Harvey S. Latins, Attorney for the petitioners, requested that the petition be withdramn without prejudice. ars. Pickett moved to 9rant the request for withdrawal of the petition without prejudice. The notion was seconded by Ry. Decker and adopted. ZONING: Council at its meeting of November 4, 195T, having referred to the City Planning Commission for study and recommendation the request of J. K. and Lillie R. Whitehead that their property located at the intersection of Broadway aug Colonial Avenue, S. W., described as Lots 1, 2 and 3, Block 3, Ramona Addition, be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, advising that in its opinion the lots In question are better adapted for residential purposes than for business uses, that the requested rezoning will depreciate the values of nearby residential properties, and that the operation of a business on the property will increase traffic hazards at that point, the Commission recommending that Council deny the request of the peti- tioners. Yr. Richard To Edwards, Attorney for the petitioners, requested a public hearing in the matter. Mr. Webber moved to hold a public hearing on the request at 2:00 o'clock, p. m., Honday, December 23, 1957, in the Council Chamber in the Municipal Building, and to direct the attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion ~as seconded by Mr. Wheeler and adopted. ZONING: Council at its meeting of November 11, 1957, having referred to the City Planning Commission for study and recommendation the request of William E. and Herschel H. Clower that a tract of land consisting of 3. g8 acres, lying on the west side of Willlaoson Road at its intersection with the corporate limits, designated as Official Tax No. 22g0101, be roughed from Ceneral Residence District to Busines! District, the City Planning Commission submitted its report, advising that in its opinion the requested rezoning will provide for a suitable use of the land in question which is adjacent to other business properties, and recommended that Council grant the request Of the petitioners, the Commission calling attention to the fact that the petitioners have offered to dedicate a strip of land approximatel] seventeen feet wide along the northern portion of said tract for the future widen- ing of an existing street to provide for a right-of-way of fifty feet. Mr. Wheeler moved to hold a public hearing in the matter at 2:00 o'clock, p. m., Monday, December 23, 1957, in the Council Chamber in the Municipal fluilding, and to direct the attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerl for publication. The motion was seconded by Mr. West and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: DOUSING: Council at its meeting of November 18, lgS?, having referred to the City Attorney for his approval as to its conformity with a contract between the City of Roanoke Redevelopment and mousing Authority and the city a Resolution pro- riding for the appointment of viewers in connection with the petition of the City of Roanoke Redevelopment and Housing Authority that certain streets and alleys'in the Commonwealth Redevelopment Project be vacated, discontinued and closed, the City Attorney reported that the Resolution is in order and in conformity with the contract: whereupon, Hr. Webber offered the following Resolution: (~13245) A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the petition of the City of Roanoke Redevelopment and Housing Authority to vacate, discontinue and close the hereinafter described and set forth alleys and portions of alleys, and streets and portions of streets, in the northeast section of the City of Roanoke, Virginia, in :-371 372 whit Ss known es the Commonwealth Redevelopment Project Area, generally bounded Orange Avenue os the north, Shenandoah Avenue on the south, Second Street, N. E., the went, nad Fifth Street and Fourth Street, N, E., on the east. (For full text of Resolution, see Resolution Book No. 22. Page 334.) Hr. Webber moved the adoption or the Resolution. The motion was seconded Hr. Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber. West. Rheeler. end the President, Hr. Young ............... NAYS: None ..................... O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED ~/~,.,~-- . COUNCIL. REGULAR REETING, Monday. December 2. 1957, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Onilding, Monday, December 2, lqST, at 2:00 o'clock, p. m. the regular meeting hour, mith the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard, Pickett, Mebber, Must, Wheeler, end the President, Mr. Young .......... 7. ABSENT: None .................. O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph Rhlttle, City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by Dr. John Mynn Myers, Pastor, Greene Memorial Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, November I0, 1957, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Decker and adopted, the reading Was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS A~ COMMUNICATIONS: SEMAGE DISPOSAL: The City Clerk presented a Resolution of the Council of th* Town of Salem, requesting that the contract between the Tomn of Salem and the City of Roanoke dated October 16, 1953, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an area extending along U. Route 460, between State Routes 639 and 645, lying westward of the Town of Salem, and authorizing the Town of Salem to accept wastes originating within the said area from the County of Roanoke for delivery to and treatment by the City Of Roanoke. Mr. Rheeler moved to refer the matter to a committee consisting of Messrs. ]Roy L. Webber, Chairman, Malter L. Yonng, Arthur S. Owens and Randolph G. Whittle for study and recommendation. The motion was seconded by Mr. Decker and adopted. REPORTS OF OFFICERS: GASOLINE: The City Manager submitted bids received by the Purchasing Agent for automotive gasoline requirements of the city for the period from December 1957, to November 30, 1958, and recommended that the low bids of The Pure Oil Company for furnishing regular gasoline to the City Garage, the Gulf Oil Company for furnishing premium gasoline to the City Garage and the Fire Department, and the Crown Central Petroleum Corporation for furnishing regular gasoline to the Mater Department, be accepted and contracts therefor authorized. Mr. Rubber moved to direct theCity Attorney to prepare a Resolution carry- lng ant the recommendation.of the City Manager. The motion was seconded by Mr. Must and adopted. REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of October, 1957, andreported other departmental reports on file in his office. The report mas ordered filed. 373 374 Council REPODTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: JUVENILE AND DORESTIC RELATIONS COURT: Mrs. E. V. Cox appeared before and presented a letter from Greenvale Nursery School, Incorporated, address to Judge K. A. Pate, Juvenile and Domestic Relations Court, advising that on November 2, 1957, Mrs. Leona E. Trippeer, who was at that time a Matron at the Juvenile Detention Home, offered to deliver tn the Hursery School some candy in excess of requirements at the Detention Home, mhich offer was accepted, and that subsequently the Nursery School returned the candy to the Detention Home upon being advised that it had been donated for use of the inmates of the Home and had been improperly delivered to the School, Mrs. Cox pointing out that the candy In questiol was a portion of a large amount of candy, doughnuts, etc., donated by the F. Wu Roolworth Company for use at the Home, and that this donation, as well as other donations of clothing and food from various citizens, has recently been mishandled at the Detention Home to the detriment of the inmates at the said Home, that the mishandling mas caused by Mrs. Trippeer and Mr. and Mrs. J. Howard King, the then Superintendent and Matron of the Home, and that subsequently the matter has been brought to Judge Pate*s attention and straightened out. Also appearing in substantiation of firs. Cox*s statements, were fir. and Mrs. Jesse J. Smith, Superintendent and Matron, Mrs. Dorothy C. Johnson and Miss Nancy A. DeLoache, Community Center Leaders, and Mr. John H. McCray, Janitor, all employees of the Juvenile Detention Hone. After some discussion, Rr. Webber moved to refer the matter to the Judge Of the Juvenile and Domestic Relations Court to be handled administratively by him. The motion was seconded by Mr. Nheeler and adopted. SMOKE CONTROL-PLANNING COMMISSIONS-STADIUM: The City Clerk reported that the t~rms of the following members of various Hoards and Commissions sill expire December 31, 1957; Advisory and Appeal Board, Air Pollution Control, Mrs. G. Harold Dove and Mr. Robert L. Lynn; Regional Planning and Economic Development Commission, Mr. Arthur T. Ellett; and Stadium Advisory Committee, Messrs. Earl A. Fitzpatrich. E. fiarvin Lemon, H. L. Lamson, Jr., Rilliam M. ficCatbern, Robert P. Hunter and George B. Jennings. Hr. Nest placed in nomination the names of Mrs, C, Harold Dove and Mr. Robert L. Lynn as members of the Advisory and Appeal Board, Air Pollution Control, for terms of four years each beginning January 1, 1958. Mr. Nebber moved to close the nominations. The motion was seconded by Mr. Rheeler and adopted. Mrs. G. Harold Dove and Mr. Robert L. Lynn were reelected as members of the Advisory and Appeal Board, Air Pollution Control, for terms of four years each beginning January 1, 195H, by the following vote: AYES: Council members Decher, Dillard. Piebett, Rebber, West, Nheeler, and the President, Hr. Young .......... 7. NAYS: None ................ O. Hr. Dillard then placed in nomination the name of Mr. Arthur T, Ellett us n member of the Regional Planning and Economic Development Commission for u term of three years beginning January 1, 1958. There being no furtheF nominations, Nv. ArthuF T. Elicit mas reelected as a member of the Regional Planning and Economic Development Commission for a term of three years beginning January 1, 1950, by the follouing vote: AVES: Council members Decker. Dillard, Pickett, Webber, West, Wheeler. and the President. Hr. Young .......... ?. NAYS: None ................ O. Wr. Decker then moved to table the appointment of the members of the Stadium Advisory Committee until after the election of a new President by the Touchdown Club for the reason that the said club"s President is normally appointed a member of the committee for the year of his tenure. The motion was seconded by Hr. Dillard and adopted. There being no further business, Council adjourned. APPROVED ATTEST: ~ 375 376 COUNCIL, REUULAR BEETING Monday, Deceuber 9. 1957 The Council of the City of Ronnoke met in regular meeting in the Council Chamber in the Municipal Building, Monday. December 9, 1957, at 2:00 o'clock, p. m. the regular meeting hour, with the President, Hr. Young, presiding. PRESENT: Council members UecBer, Dillard. Pickett, ~ebber, Pest, Rheeler, ned the President. Hr. Young ............... ?. ABSENT: ~one ....................... O. OFFICERS PRESENT: Mr. Arthur S. Omens. City Manager. Mr, Randolph G. NbJttle, City Attorney, Rro Ratty R. Yarns. City Auditor, and Mr. Jo Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend Joseph E. Prlngle, Pastor, Melrose Presbyterian Church, MINUTES: Copy of the minutes of the regular meeting held on Monday, November 25, 1057, having been furnished each member of Council, upon motion of Mr. Nheeler, seconded by Mr. Decker and adopted, the reading was dispensedwlth and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m. Monday, December g, 1957, on the request of Mrs. Ruth E. Haynes, et al, that an alley located in Block 10, Exchange Building and Investment Company, situated west of Franklin Road, S. M., and running north and south between Noods Avenue and Allison Avenue, be vacated, discontinued and closed, and notice of said Bearing having been published in The Roanoke Norld-News on November 22. 1957, and the City Planning Commission having previously recommended that the request of the petition- ers be granted, the hear.lng mas held at which no one appeared in opposition to the petition. Mr. Wheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first read- lng: (~13246) AN ORDINANCE approving the vacating and closing of a certain ten- foot wide alley situate in the City of Roanoke, Virginia, extending from the north line of Moods Avenue, S. N.. in a northerly direction between Lots 21, 22 and 23, the east side, and Lots 20 and 10, on the west side, in Block 10, according to the Resubdivision plat of Exchange Building and Investment Company Map, to the south line of Allison Avenue, S. MREREAS, Ruth E, Baynes, the owner of Lot 10, Block 10, Maggie A. Britts, the owner of Lot 20, Block 10, Mary Anson Butch, the owner of Lots 22 and 23, Block 10, and J. g. Rendrick and Mary B. Kendrick, the omners of Lot 21, Dloch 10, according to the plat of BlocB 10 as laid out on the Resnbdivtsion plat of Exchange Building and Investment Company Map, said lots being all of the land abutting ge each side of the alley hereinafter mentioned, have presented to Council a written instrument dated the 9th day Of August, 1957, signed and acknowledged in accordance with the provisions of Section 15-T66.1 of the 1050 Code of Virginia, as amended, 377 whleh'lnstruuent sets forth that the said Ruth E. Haynes, Haggle A. Britts, Mary Ansan Burch, J. H. Hendrlck and Mary B. Kendrlck are the omners of Lots 10, 20, 21, 22 and 23 In Hlock 10, according to the Resubdtvlslen plat of Exchange Building and Investment Coepany Rap, of record in the Clerk's Office or the Hastings Court for the City of Roanoke, Virginia, in Deed Hook 996, at page 13; that the said owners desire to vacate, discontinue and close the aforesaid elley~ and that the closing and vacating or the said alley will not abridge or destroy any of the rights OF privileges of the property omners affected thereby; and HHEREAS, the City Planning Commission has recommended to Council that inas- much as it feels that there is no public necessity for retaining said alley, that the same be permanently closed, vacated and abandoned, reserving to the City, how- ever, any easements for any existing public sewer linese water lines, drains or other public improvements~ and HHEREAS. Council is of the opinion that the aforesaid alley Is of no benefit to the adjoining property owners and that the public will not be inconvenienced by the closing and vacating of the same. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the said Council. being the governing body of the City in which the hereinafter des- cribed alley Is located, hereby approves the closing, discontinuance and racatln9 al that certain alley situated in the City of Roanoke, Yirginia. described as follows. to-wit: Being a certain ten-foot wide alley commencing at a point 121.04 feet, mor~ or less, west of the corner of Roods Avenue and Franklin Road, and running north to Allison Avenue and abutted on the east side by Lots 21, 22 and R3 in Block 10. and abutted on the west stde by Lot 20 and Lot 10. Block 10. as laid ant on the Resnb- division plat of Block 10. according to Exchange Building and Investment Company Rap, and recorded in Deed Book 996, at page 13, in the Clerk's Office of the Hustings Court for the City of Roanoke. Virginia, all of said property being located {n the City of Roanoke, Virginia. provided, however, that neither the execution of the property owners' agreement, the approval of the same by the Counci of the City of Roanoke, nor the recordation of said instrument in the proper Clerk*s Office shall be construed to affect or release any easements for any existing public sewer lines, water lines, drains, or other public improvements. BE IT FURTHER ORDAINED that the aforesaid instrument dated the 9th day of August~-lgS?, together with a certified-copy of this Ordinance. be delivered to the Clerk of the Hustings Court of the City of Roanoke, Virginia, ~herein the Resubdi- vision plat of Block 10. Exchange Building and Investment Company Map, is recorded, for recordation. The notion was seconded by Hr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Hebber, Nest, Hheeler, and the President, Mr. Young ............... 7. NAYS: None ..................... O. ZONING: A public hearing having been set for 2:00 o'clock, p. m., Honday, December g, lg57. on the request of Mr. G. C. Fralin that a lO. lOS-acre tract of land. located on the southeasterly side of Hilliamson Road at the northern city limits, be rezonedfron General Residence District to Business District, and notice of said hearing having b~en published In The Roanoke World-News on November 22, 1957, and the City Planning Commission having previously recommended that the 378 requested rezoning be grunted, except the extreme southeasterly 112,61 feet of the property adjacent to Curtis Avenue, the hearing mas held ut mhlch no one appeared in opposition to the request. Mr. T. Lo Pltnkett, Jr** Attorney for the petitioner, appeared before Council and stated that his client is in agreement mJth the recommendation of the City Planning Commission. Mr. Uheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first read- ing: (Zl3247) AN ORDINAHCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke. 1956, in relation to Zoning. MH£REAS, application has been made to the Council of the City of Roanohe to have the property of G. 6. Fraliu situated southeasterly of Mllliamson Road (B. S. :Route 11) at the north corporate limits, containing 10.168 acres, being hnomn as Official Tax No. 2200202, adjacent to the Subdivision known as Church Court in the City of Roanoke, Virginia, rezoned from General Residence District to Business District; and ~B£REA$, the City Planning Commission bas recommended that all of said lO. IRa acres, except the extreme southeasterly 112.61 feet thereof adjacent to Curtis Avenue, be rezoned from General Residence District to Husiness District as requested; and WHEREAS, notice required bI Ti,Ia l¥, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in 'The Roanoke · orld-Nems*, a newspaper published in the City of Roanohe, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 9th day of December, IFS?, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezoning; and MHEREAS, this Council, after considering the evidence presented, is of the opinion that the recommendation of the City Planning Commission should be followed and that the aforesaid 10.189 acres, excepting the extreme southeasterly 112.61 feet thereof adjacent to Curtis Avenue, should be rezoned as requested. THEREFORE, HE XT ORDAINED by the Council of the City of Roanoke that Title X¥, Chapter 4, Section l, of The Code of the CltI o[ Roanoke, 1956, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Property located southeasterly of Williamson Road (U. S. Route 11) at the north corporate limits, containing IO. IHO acres, designated on Sheet ~20 of the Zoning Map as Official Tax No, 2200202, excepting only the extreme Southeasterly 112.61 feet thereof adjacent to Curtis Avenue, be, and the same is hereby changed from General Residence District to Business District, and the Zoning Rap shall be changed in this respect. The motion was seconded by Mrs. Pichett and adopted by the follomlng vote: AYES: Council scab,rs Decker, Dillard, Pickett, Mebber, Nest, Mheeler, and the President, Ur. Young .............. NAYS: Wone ..................... O. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalachlat Electric Power Company, reporting the installation of five 2500 lnwen street lights, and the removal of three 2S00 lumen and nine 6000 lumen street lights In the city iduriog the month of Wovember, 1957. The communication was ordered filed. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a report, recommending certain changes in the street lighting on Campbell Avenue, S. W., between Third Street and Seventh Street, at a net increased cost of $712.90 per year, and advising that funds are available In the budget for this purpose. Mr. West moved to concur in the recommendation of the City Manager and offered the following Resolution: (z1324H) A RESOLUTION authorizing the installation of certain overhead mercorl vapor street lights, the replacement of certain existing overhead incan- descent street lights with overhead mercury vapor units, and the removal of certain existing overhead incandescent street lights on Campbell Avenue, S. N., between Third Street and Seventh Street. (For full text of Resolution, see Resolution D,ok No. 22, Page 336.) Mr. Nest moved the adoption of the Resolution. The notion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, Webber, Nest, Mheeler, and the President, Hr. Young ............... NAYS: None ..................... O. STADIUM-SCHOOLS: The City Manager reported that the Superintendent of Schools has requested that the rental charge for the use of the National Guard Armory for high school basketball games be reduced from the present rate of $~5.00 to $35.00 per game, the City Manager recommending that the City Code be amended to provide for a rental of $35.00 per game, or 25 per cent of the gate, whichever is greater, with federal and city admission taxes to be deducted from the gross receipts. Mr. Webber moved to direct the City Attorney to prepare an Ordinance carry- ing Got the recommendation Of the City Manager. The motion was seconded by Mr. Wes{ and adopted. MATER DEPARTMENT: The City Attorney reported that the purchasers of the timber on the ctty*s Beaver Dam and Falling Creek Natersheds under Resolution No. 13214, adopted on the 28th day of October, 1957, have requested that Rt. A. ¥. Bowman, one of the purchasers, be released from the agreement, and that Mr. B. C. Largen become a party to the lease in his stead, the City Attorney stating that the request was made prior to the execution of the agreement, but for legal reasons could not be effected prior to the effective date of the original Ordinance author- izing the agreement, and advising that he has prepared a Resolution which will grant the purchasers' request and will fully protect the city in the premises. 379 380 Hr. Rebber moved to concur In the request of the purchasers end offered the following Resolution: (n13249) A RESOLUTION releosing the former parlnershlp of Irolers ~ Rowuen from the Timber Sale Agreement or November 27, 1957, betmeeu the City of Roanoke and C. C. Cassell, et al, and substituting the present partnership of lrolers ~ Lurgen therefor. (For tull tent of Resolution. see Resolution Rook No, 22, Page 347.) Hr. Webber moved the adoption of the Resolution. The motion was seconded bi Mr. Wheeler end adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Webber, West, Wheeler. and the President, Hr. Young ............... ?. NAYS: None ..................... O. The City Attorney further advised that the purchasers have deposited with the City Clerk a $10,000.00 cashier*s check for the bond required under the agree- ment, and that they now desire to substitute for the $10,000o00 cashier*s check a surety bond which can be purchased for only a two year period but mill be renewed at the end of the two years if the contract has not been fulfilled at that time, th* City Attorney advising that lo his opinion such a surety performance bond given and renewed mill afford the city proper protection. gr. Rheeler moved to direct the City Attorney to prepare a Resolution pro- viding for the substitution of a surety bond In lieu of the $10,000.00 cashier's check as requested by the purchasers of the timber. The motion was seconded by Mr. West and adopted. REPORTS OF COMMITTEES: CITY JAIL: Council having previously appointed a committee consisting of Messrs. Malter L. Young, Arthur S. Owens and H. Cletus Rroyles to make a survey of the need for certain improvements in the City Jail, the committee submitted its report, recommending that Council authorize and direct the City Manager to ascertail the cost of u survey by an architectural firm for the possible extension of the existing jail Structure atop the Municipal Building and report thereon, Jn order that Council might consider having such u survey made. Mr. Wheeler moved to concur In the recommendation of the committee. The motion was seconded by Mr. Decker and adopted. SERERS: Council by Resolution No. 131gO, adopted on the 30th day of Septem- ber, 1957, having appointed a committee consisting of Messrs. Arthur S. Owens, Chairman, J. Robert Thomas and John L. Mentworth to hold a public hearing of the abutting landowners on the proposal to construct a sanitary sewer project on an assessment basis to serve a portton of the fast Gate Addition, the committee reported that, after publication of the proper notice thereof, a public hearing was held on November 26, 1957, at which those appearing expressed themselves in favor of the project, the committee therefore recommending that construction of the project be uothorized and that the contract be awarded to the low bidder for construction of the sewer project. Mr. Decker moved to concur in the recommendation of the committee and offered the following emergency Ordinance: (a13250) AN ORDINXNCE~necepting the proposal of Pioneer Construction Company, Incorporated. R,ns,he, Virginia, for the construction of sanitary sewers to serve portions or the East Gate Addition, in the total sum of $56,580,25; xuthorlzing and directing the City Rsnager to execute the requisite contract; providing for an emergency. (For full text of Ordinnnce, see Ordinance Rook No. 22, Page 338.) Mr. Decker moved the adoption of the Ordinance. The notion mas seconded by Hrs. Pickett and adapted by the following vote: AYES: Council members Decker. Dillard, Pickett, Mebber, Nest. Jkeeler, and the President, Hr. Young ..... NAYS: R,ne ........... O. Hr. Rheeler then offered the following Resolution: (c13251) A RESOLUTION authorizing the construction of sanitary sewers to serve portions of the East Cate Addition, for which improvements assessments are tn be made against the abutting landowners; and providing for the docketing of an abstract of the Resolution in the Clerk's Office of the Hustings Court of the Cit! of R,an,he. (For full text of Resolution, see Resolution Book fl,. 22. Page 338.) Mr. Mheeler n,red the adoption of the Resolution. The notion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett. #ebber, Nest, Rheeler, and the President, Mr. Y,un9 ............... ?. NAYS: None ..................... O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION AflB CONSIDERATION OF ORDINANCES AND RESOLUTIONS: GASOLINE: Council at its meeting of December 2, Id5?, having directed the preparation of an Ordinance accepting the lon bids received for the city,s gasoline requirements for the calendar.year 1958, Mr. Mheeler offered the following emergenc1 Ordinance: (z13252) AN ORDINANCE accepting the bid of The, Pure Oil Company for furnish. lng regular gasoline to the City Garage; the bid of the Gulf Oil Company for furnishing premium gasoline to the City Garage and to the Fire Department; and the bid of the Crown Central Petroleum Corporation for furnishing regular gasoline to the Vater Departnent~ and providing for an emergency. (For full text of Ordinance, see Ordinance-Book No~.22, Page 344.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Wist and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Rubber, Nest, Nheeler, and the President,.Mr. Young ............. ~-7. flAYS: None ..................... O. MOTIONS AND MISCELLANEOUS BUSINESS: STADIUM: Council at its meeting of December 2,,195T, having deferred action on the appointment of members of the Stadium Advisory Committee, pending the 381 382 election of u Fresldent of the Roanoke ?onchdomo Club, the CitI Clerk advised that Hr. W. S, Coanelll hms been elected President or the Touchdown Club for the next lear, vice Wt. Ceorge H. Jennings, nnd that the terms of Messrs. Earl &. Fltzpatrf~ E. Marvin Lemon, H. L. Lawson, Jr., William Mo McCa,hera and Robert P. Hunter for two lents, and Hr. George H. Jennlngs for one lear, ns members of the said committe will expire December 31, 1957. #r. Wheeler nominated #easts, Earl A. Fitzpatrick, E.'Marvin Lemon, H. L. Lamson, Jr., William W. gcCathern and Robert Po Hunter as members of the Stadium Advlsorl Committee for terms of two lears each, and Mr. W, S. Connelll for a term of one lear, beginning Januarl 1, 1958. Mr. Dillard nominated #r. Paul H. Starkey for a term of tug lears as a member of the Stadium Advisory Committee. Hr. W. S. Conoelly mas elected as a member of the Stadium AdvisorI Committe for a term of one lear beginning Januarl 1, 1958, bi the follomin9 vote: AYES: Council members Deeker, Pickett, Webber, West, Wheeler, and the President, Mr. Young ............... 6. NAYS: None ................. O. (Mr. Dillard not voting) Mr. Earl A. Fitzpatrick mas reelected as a member of the Stadium Advisorl Committee for a term of two lears beginning JanuarI 1, 1950, by the following vote: AYES: Council members Decker; Pickett, Webber, West, Wheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Mr. Dillard not vo~ing) Mr. R, P, Hunter mas reelected as a member of the Stadium Advisory Committee for a term of two years beginning January 1. 1958, by the following vote: AYES: Council members Decker, Pickett, Webber, West, Wheeler, and the President, Mr. Young ............... 6. NAYS: None ................. O. (ar. Dillard not voting) Mr. H. L. Lawson, Jr., was reelected as a member of the Stadium Adrisory Committee for a term of two years beginning January 1, 1958, by the folloming va,el AYES: Council members Decker, Pickett, Webber, West Wheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Mr. Dillard not voting) Mr. E. Rarvin Lemon was reelected as a member of the Stadium Advisory Committee for a term of two years beginning January l, 1958, by the following vote: AYES: Council members Decker, Pickett, Webber, Mest, Wheeler, and the President, Mr. Young ............... 6. NAYS: None ................. O. (Mr. Dillard not voting) Mr. William W. McCathern was reelected as a member of the Stadium Advisory Committee for a term of two years beginning January 1, 19§8, by the following vote: AYES: Council members Decker, Pickett, Webber, Nest, Wheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Mr. Hlllard not voting) Hr. Paul H. Starkel was defeated bI thefolloming vote: AYES: Mr. Dillard ........................................................1. NAYS: Council members Decker, West, and the President, Mr. Young .........3. NOT VOTING: Council members Pickett, Webber and Wheeler ..................3. GRADE CROSSINGS°TRAFFIC: Hr. Mebber stated that at the public hearing on the proposed Federal Aid Urban Project on U. S, Route 220, between Campbell Avenue et the south end of Hunter Memorial Hridge and the intersection of Maple Avenue end Franklin Road st the north end cf Frashlln Road Hridge, conducted on December 3. 195T. st 7:30 n'cinch, p, m., in the Council Chamber ia the Municipal Huildlng, by the Virginia Department of Highways in conjunction with Council. s preliminary plan estimated to cost $6o000o000.00 was presented, divided approximately one-bali for right-of-may acquisition and one-half for constractiono it being estimated that the first portion of the 1.2 mile project extending from Hunter Remorlal Urldge to the vicinity of Mountain Avenue, costing approximately $3,000,000.00, will require five years for construction, and that the second stage will require an additional five years, which has brought forth considerable opposition to the project based on the tremendous total cost, the location of the project, the disruption to business, the length of time estimated for its completion, and the tying up of federal and state urban aid funds over a period of approximately ten years, Mr. Webber pointing out that the Doward, Needles, Tammen and Bergendoff preliminary survey for the coustruc. tJon of Hunter RemorJal Bridge. dated November, 1951, under Stage II. outlined a proposal for handling traffic over the route of the proposed Federal Aid Urban Project under Scheme II in the report by making use of JeffersonStreet for one-way movement of north-bound traffic, and First Street. S. W., for one-way movement of south=bound traffic, but that the city took no action on the proposal, pending the widening of Salem Avenue. S. M., between Jefferson Street and First Street, which is now accomplished. Mr. Mebber then moved to direct the City Manager to study the proposal made by Uoward, Needles, Tammen*a~d Hergendoff. givlnH specific attention to its effect upon the business and property owners in the area and the cost of placing the plan into operation, and to submit his recommendations thereon. The motion mas seconded by Mr. West and adopted, Mr. Dillard-voting no. BONDS-SINKING FUND-WATER DEPARTMENT: Mayor Young stated that the $75,000.00 for which the city sold the timber on the Falling Creek and Beaver Dam Watersheds has been paid into the treasury, and in his opinion can best be used for the purchase of outstanding bonds of the Water Department, which can, upon purchase, be cancelled and thus effect considerable savings to the city in the payment of interest in the future, the Mayor advising that he has been told by the City Auditor that approximately $100,000.00 of bonds of the city can be purchased on present day market prices for the$75,000. O0 in hand. Mr. Wheeler moved to direct the City Attorney to prepare aa Ordinance appropriating $75,000.00 to Debt Retirement in the Water Department.account, and authorizing and directing the Sinking Fund Commission to purchase outstanding water bonds with the said funds, the bonds to be cancelled upon their procurement. The motion was seconded by Mr. Decker and adopted. JUVENILE AND DOMESTIC RELATIONS COURT: The Mayor stated that in an executive session held by Council on November 25, 1957, the body considered the adoption of a Resolation to appoint a committee consisting of the Mayor and the City Attorney 38'4 to request the Judges of the local courts of record to cause aa inquiry to be held with reference to thc recent resignations of numerous officers amd employees or the local Juvenile and Domestic Melhtious Court and the local Juvenile Detention Hole, at which tile Council considered it inadvisable to adopt such o Resolution, but d~d direct abc Mayor iud the City Attorney to present a draft of the Resolution to the Judges of the Hustings, Lam and Chancery, and Circuit Courts, mhich the committee did and to which a written reply was received from the said Judges, In viem of which, the Mayor stated he believes the Resolution should now be presented to Council; whereupon, Mr. Webber offered the following Resolution: (v13253) A RESOLUTION appointing a committee to request the Judges of the local Courts of Record to cause an inquiry to be held with reference to the recent resignations of so many officers and employees of the local Juvenile and Domestic Relations Court and of the local Juvenile Detention Nome. (For full text of Resolution, see Resolution Dook No. 22, Page 345.) Mr. Nebber moved the adoption of the Resolution. The motion was seconded b Mr. #heeler and adopted by the following vote: AYES: Council members Decker, Pickett, #ebber. Rest, Mheeler, and the President, Mr. Young ............... NAYS: Mr. Dillard .......... 1. Mayor Young then stated that the communication received from the Judges was considered at a subsequent executive session of Council held on December 2, 1957, and directed that ~he City Clerk read the communication into the record; whereupon. the follnming communication was presented: *TO THE COUNCIL OF TDE CITY OF ROANOKE: We. the undersigned Judges, presiding over tie local Courts of Record in the City of Roanoke, in answer to the written request Of City Council that the Courts instigate and cause to be made an inquiry into certain phases of the operation of the Juvenile and Domestic Relations Court of the City. respectfully call the attention of Council to the following: 1. It is our considered opinion that we have no authority under the existing laws to institute such an inquiry or investigation as requested in the purported resolu- tion of City Council. 2. The law, Acts of Assembly 1950, page 656. placed the appointment of the Judge of said Court upon the three Judges of the Courts of Record and provides that such term shall be for six years. However, no power of.supervision over said Court or the Judge thereof, nor any power of removal during bls term of office are contained therein. The above Act of the General Assembly provides that he may be removed unde the provisions of Sections 15-500. 15-501 and 15-502 of the Code of Virginia for the offenses therein enumerated, and which applies to office holders generally with rem exceptions. This is a proceeding instituted in the proper court for that'purpose upon verified complaints. Obviously, a Trial Court should not previously investi- gate matters that may properly come before it for decision. On the other hand, if Council deems it proper so to do, it appears that ample authority is given City Council to conduct, or cause to be conducted, the inquiry investigation it now seeks under Section 22 of the City Charter which provides as follows: 'The Council. the City Manager, and any other officer, board or commission authorized by them, or either of them shall have power to make Investigations as to city affairs, and for that purpose to subpoena witnesses, administer oaths, and compel the production of books and papers. Any person refusing or failing to attend, or to testify or to pro- duce such books and papers, may by summons issued by such board or officer be summoned before the municipal court of the city by the board or official making such investigation, and upon failure to give satisfactory explanation of such failure or refusal, may be fined by a municipal judge not exceeding one hundred dollars or imprisoned not exceeding thirty days, such person to have the right to appeal to the Hustings Court of the city. Any person mbo shall give false testimony under oath at any suck Investigation shall he liable to prosecution for pevJury.~ There are also agencies available properly equipped to make l~vcstigatlcas, mhlch Council or any citizen Bay call upon for that purpose. Therefore, being mlthout authority to do so under th~ Itu, me aunt decline to instigate and attempt any such inquiry as suggested by Council in their purported Resolution. Houever, prompt attention mill be given to any complaint properly and legally presented to the Courts, and me mill cooperate fully iu every may commensu- rate math our Judicial positions, Respectfully, (Slqned) F. L. Hohach Judge of the Circuit Court of the City of Roanoke, ViFginia (Slgnedl Dirk A. Kuyk Judge of the Hustings Court for the City of Roanoke, Virginia (Siqned) S. L. Fellers Judge of the Court of Low and Chancery of the City of Roanoke, Virginia" The Rayor further stated that at the executive session of December 2, 1957, some of the members of Council voiced the opinion that an investigation of the city's affairs at the Juvenile and Domestic Relations Court and the Juvenile Detention Home should be made, in consequence of which he requested the City Attorney to prepare a Resolution providing for such an investigation by a commission to he appointed by Council, the number and personnel of such commission to be desig- nated by Council. Mrs. Pickett moved that the commission be three Jn number, one municipal employee and two private citizens. The motion was seconded by Mr. Decker and adopted; whereupon, the Mayor asked for nominations for membership on the commlssio~ Mr. Webber placed in nomination the name of Mr. Arthur S. Owens, City Manager, as the municipal employee member, and to be chairman of the commission. Mr. Owens was elected as a member and chairman of the commission by the following vote: AYES: Council members Decker, Pickett, Webber, West, Wheeler, and the President, Mr. Young ............... NAYS= Mr. Dillord .......... Mr. Wheeler placed in nomination the name of Mr. C. E. Hunter as a member of the commission. Mr. Hunter mas elected as a member Of the commission by the following vote: AYES: Council members Decker, Pickett, Webber, West. Wheeler, and the President, Mr. Young ............... NAYS: Mr. Dillord .......... 1. Mr. Webber placed in nomination the name of Mr. W. E. Meador as a member of the commission. Mr. Dillard placed in nomination the name of Mr. O. R. Riles as a member of the commission. Hr. Miles was elected as a member of the commission by the following vote: 385 386 FOR MR. #ILES:~ Council memberu Decker, Dillard, Plchett, lebber, H, st and Ikeeler ........................................ ~ ..... 6. FOR MR. HEADOR: The President, Hr. Young ..... I. Mr. Dillard then offered the f,Il,ming Resolution: (u13254) A RESOLUTION appointing a commission to Babe a comprehensive investigation tad report of the Citl*s affairs at the Juvenile and Domestic Relations Court end the Juvenile Detention Nome and making certain other provisions relating thereto. (For full text of Resolution, see Resolution D,ok No. 22, Page 345.) Hr. Dillard moved the adoption of the Resolution. The motion mas seconded by Mr. Nh,cleF and adopted by the f,Il,ming vote: AY[S: Council members Decker, Dillard, Pichett, #ebber, lest, Iheeler, and the President, DF. Young ............... NAYS: None ..................... O. BUDGET-RECREATION DEPARTMENT: The City Manager requested an appropriation Of $25.00 for the parchase Of a Christmas tree to be installed on the Municipal Building lama. Mr. Rheeler moved to concur in the request of the City Manager and offered the following emergency Ordinance: (z13255) AN ORDINANCE to amend and reordaJn Section milO. *Recreation Department*. of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 34g.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Mr. lest and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Robber. West, Rheeler. and the President, Mr. Young ............... NAYS: None ..................... O. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING. Monday, Decesber 16, 1957. The Council of the City of Roanoke net in regular meeting in the Council Chamber in the Municipal Duilding, Monday. DecembeF 16, 1957, at 2:00 o'clock, p. the regnlar meeting hour, with the President, Mr. Young, presiding. PRESENT: Council meabers Uecker, Dillard.' Pickett, Mebber, Mest. Rheeler, and the President, Mr. Young ............... 7. ABSENT: None ....................... O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph Whittle. City Attorney, Mr. Harry R. Yates, City Auditor, and Mr, J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend C. E. Reynolds, Pastor, Mineral Springs Haptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, December 2o 1957, having been furnished each member of Council, upon motion of Hr. Wheeler, seconded by Mr. West and adopted, the reading mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m., Decem- ber 16. 1957, in the Council Chamber, on the request of gr. C. Gilbert Oliver that Lot 34, Mountain Scenery Subdivision, located on the north side of Raplelamn Avenu* N. M., east of Rilliamson Road, be rezoned from General Residence District to Business District. and notice of said hearing having been published In The Roanoke World-News on November Rg, 1957, and the City Plannin9 Commission havin9 previousl recommended that the request Of the petitioner be granted, the hearing was held at which no one appeared in opposition to the request. Mr. Richard T. Edwards, Attorney for the petitioner, appeared and requested that his client's petition be granted. Mr. Wheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (z13256) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke. 1956, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property designated as Lot 34, Mountain Scenery Addition, fronting 50 feet on Maplelawn Avenue. N. W., ~hich at its nearest point is 150.54 feet easterly from the east side of Mtlliamson Road, and extending back from the northerly side of Maplelawn Avenue lflO feet in parallel lines, rezoned from General Residence Distric~ to Business District; and MHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Business District as requested; and 387 ,388 NREREAS, notice required by Title XV, Chapter 4, Section 43, at The Code of the City of Roanoke, 1956, relating to Zoning, has been published in "The Roanoke ~orld-~ewsU, a oewspaper psblfeked fo the City of Roanoke, /or the time required by said section; c~d NREREAS, the hearing as provided rot In said notice published In the said newspaper uos held aa the 16th day of December, 1957, at 2:00 o'clock, p. m., berom the Council of the City of Roanohe in the Council Chamber in the Nunicipal Building at which hearing property owners and other interested parties in the affected area were given on opportunity to be heard both for and against the proposed rezoning; and RflEREAS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be retorted as requested. TBEREFORC, BE IT ORDAIRED by the Council of the city of Roanoke that Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Property located on Maplelawn Avenue, N. W., fronting 50 feet thereon and running hack in parallel lines 190 feet, being at its nearest point on Maplelaun Avenue 158.54 feet easterly from Nillianson Road, described as Lot 34, Mountain Scenery Addition, designated on Sheet 217 of the Zoning Map as Offlcial Tax No. 2170318, be, and is hereby changed from Ceneral Residence District to Business District and the Zoning Map shall be changed in this respect. ?he motion was seconded by Mr. Decker and adopted by the following vote: AY[S: Council members Decker, Dillard, Pickett, ~ebber, ~est, Nheeler, and the President, Mr. Young ............... 7. RAYS: None ..................... O. STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m., December 16. 1957, in the Council Chamber, on the request of Corer Construc- tion Company, Incorporated, that an alley located north of Roanoke Avenue, $. ~., between Ashlawn Street and Bedford Street, running through Block 11, Section Roanoke Development Company, be vacated, discontinued and closed, and notice of said hearing having been published in The Roanohe Norld-News on November 29, 1957, and the City Planning Commission having previously recommended that the request Of the petitioner be granted, the hearing was held at #hich no one appeared in opposition. Mr. Charles D. Fox, Jr** Attorney for the petitioner, appeared and requested that Council grant the petition of his client. Mr. Rheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (m13257) AN ORDINANCE consenting to the vacating, discontinoing and closing of that certain alley situate in the City of Roanoke as shown on the Map of Roanoke Development Company recorded at page &l, Plat Book 1, in the Clerk*s Office of the Circuit Court of Roanoke County, Virginia, running through Block 11, Section 3, of said map in a southeasterly direction from Asblawn Street, S. M., frouerly Hampton Street, to Bedford Street, S. NHEREAS, Corer Constrnction Company, Incorporated, has heretofore filed Its petition before Council in accordance with law, in which petition it requested Council to consent to the permanent vacating, discontinuing and closing of the hereinafter described alley; and WHEREAS, with said petition Corer Construction Company, Incorporated, pre- seated to Council a written Instrument vacating said alley, dated the 24th day or October. 195T, signed and acknowledged by said Corer Construction Compony, Iocorpo= rated, in accordance with the provisions of Section 15-766.1 of the Code of Virginia. as amended, which instrument sets forth the fact that Corer Construction Company, Incorporated, is the sole abutting property owner to said alley: and WtIEREAS, no use has ever been made of said alley; and WHEREAS, the Planning Commission of the City of Roanoke has considered and approved the petition of Corer Constroctton Company, Incorporated, to permanently vacate and close said alley subject to the city's easement for any existing sewer lines, water lines, drains or other public improvements located in said alley; and WHEREAS, a public hearin9 on the question of the vacating, closing and discontinuing of said alley was held on the 16th day of December, 1957, before the Council of the City of Roanoke after dee and timely notice of such hearing publishe( in a local newspaper, at which hearing all persons interested in the matter were afforded an opportunity to be heard; and WH£R£AS, the Council of the City of Roanohe is of the opinion that the permanent closing of the said alley will not affect the rights of the public or of the owner or owners of any other property within the area of the land shown on said map; and WHEREAS. it further appears to Council that the petitioner Corer Construc- tion Company, Incorporated, has agreed to hear and defray the cost incident to thi! proceeding. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council hereby consents to and approves the vacating, closing and discontinuing of that certain alley situate in the City of Roanoke as shown on the Map of Roanoke Development Company. as recorded at page 61, Plat Book 1, in the Clerk*s Office of the Circuit Court of Roanoke County, Virginia, running through Block 11, Section 3. of said map in a southeasterly direction from Ashlawn Street, S. M., formerly Hampton Street, to Bedford Street, $. W., as provided for in the aforesaid instrument dated the 24th day 'of October, 19571 and that all right, title and interest of the City of Roanoke and the public is hereby released insofar as the Council is empowered so to do, the City of Roanoke, however, reserving unto itself an easement in said property for any existing water lines, sewer lines, drains or other public improvements presently located in said alley, together with the right Of ingress and egress for the maintenance, repair and construction of any such lines or improvements. BE IT FDRTRER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hastings Court of the City of Roanoke, Virginia, and the Clerk of the Circuit Coort Of Roanoke County. Virginia. an attested copy of this Ordinance in :389 390 order that said Clerks may record same rollomlng the recordation of the instrument dated the 24th day or October, 1957, made by Corer Construction CcBpsayt Incorpo- rated, and that the said Clerks may make proper notation on all maps and plats recorded in their said offices upon which are shown the said alley herein permanent ly vacated, discontinued and closed as provided by BE IT FURTHER ORDAINED that the City Engineer be. and he la hereby, dJrectec upon the recordation of the papers, to mark UPermanently vacated, discontinued and closedw the herein described alley on maps and plats on file in the office or the City Engineer of the City of Roanoke, Virginia, on which said naps and plats said alley is shomn, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke mherein this Ordinance shall be spread. The motion was seconded by Hr. ~est and adapted by the following vote: AYES: Council members Decker, Dillard, Pickett. ~ebber, Yest, Nheeler, and the President. Mr. Young ............... NAYS: None ..................... O. STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m Becemher 16. 1957, In the Council Chamber. on the request of the Trustees of the !Fellowship Baptist Church that approximately 100 feet of a 15-foot alley lying immediately behind its property at 929 Murray Avenue, S. E., be vacated, discontin- ued and closed, and notice of said hearing having been published in The Roanoke Norld-Nems on November 2g, 1957, and the City Planning Co~mJssion having previously recommended that the request be granted, the hearing was held. Hr, D. O. Burton, 943 Murray Avenue, S. E., appeared and presented a petitic signed by the owners of the properties abutting on the remainder of the alley in question, opposing the closing of the portion of the alley as requested by the Fellowship Baptist Church, Mr. Burton explaining that since the alley as presently constituted dead ends into the property of the city on which is located the Jackson Junior High School, reslden%s of the neighborhood have been using a portion of the Fellowship Baptist Church property to gain egress from the alley to Hurray Avenue, S. E., and that this route has also been previously used by the city's garbage trucks for the same purpose, that the residents have no objection to the closing of the portion of the alley as requested if the church will dedicate a IS-foot strip of its land as a public alley from the alley in question to Hurray Avenue, in order to eliminate the present dead end. Hr. Clifton A. ~oodrum, Jr.. Attorney for the petitioner, appeared and stated that the request of his client in no way alters the alley insofar ns it affects the residents of the area, pointing out that the construction program of th Fellowship Baptist Church will not permit donation of u part of its land for alley purposes. Reverend Gene D. Arnold, Pastor of the Fellowship Baptist Church, appeared and advised Council that due to the growth of the membership in his church it Is necessary to enlarge the church plant and that architectural sketches for such enlargement envision the use of a portion of the alley behind the property, Reveren( Arnold stating that his church has no objection to the residents in the area and th~ 39~ city garbage tracks continuing to drive across the church property from the alley Hurray Avenue until such time as it becomes necessary for the building to be enlarged over the entire property, the church presently using a portion or Its property for parking purposes through which portion such vehicles have been and may Hr. Wocdrum then pointed out that the city omns property behind that of the church through which a IS-foot alley into Hontrose Avenue might be established after the closing as requested by the church ir the city desires to open such an alley. Hr. J. P. Cruickshank, Chairman of the Roanoke City School Board, appeared and stated that the School Hoard has no objection to the closing of the portion of the alley as requested, but that it might offer objection in the future to the use of n portion of the land connected with Jackson Junior High School for alley purposes. Hr. Wheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first read- lng: (~13258) AN ORDINANCE providing for the permanent closing, vacating, discon. tinning and abandonment of the westerly 91.45 feet of n certain 15-foot wide alley extending between Hontrose Avenue and RnFFay Avenue. S. E., and Ninth Street and Eleventh Street, $. E., in the City of Roanoke, Virginia. WHEREAS, the Fellowship Baptist Church of Roanoke, Virginia, acting by and through its duly designated Trustees, has proposed that that portion of the alley lying to the rear of its property (Tax No. 4122601} between gontrose Avenue and Murray Avenue, S. E., and Ninth Street and Eleventh Street. S. E., and being the masterly 91.45 feet of the said alley, be permanently closed, vacated, discontinued and abandoned, and has submitted to the Council of the City of Roanoke an instrumen in writing dated the dth day of November, 1957, agreeing thereto, mhich said written instrument is prepared in lorn for execution by the City of Roanoke. as the fee simple owner of the remaining property abutting that portion of the alley proposed to be closed~ and WHEREAS, the said Fellowship Baptist Church and the City of Roanoke are the onlyowners whose property abuts upon the portion of the said alley proposed to be permanently closed, vacated, discontinued and abandoned and are the only owners who have any rights or privileges therein as defined in Title 15, Section 766.2, of the Code of;Virginia of 1950,:as amended; and WHEREAS, the City,Planning Commission, upon~a study of the said proposal, has recommended to the Council of-the City of Roanoke, in writing, that the afore- said portion of the said alley be permanently closed, vacated, discontinued and abandoned asset forth in said written instrument;and WHEREAS, a public bearing was held before the Council of the City of Roanok~ on this day, after due and timely notice thereof published in *Zhe Rsanoke World- Newsw, on the proposal to permanently close, vacate, dJscontinne s~d abandon the aforesaid portion of the said alley; and 392 IflIUREAS, this Council, after considering the evidence submitted, is or the opinion that closing, vacating, discontinuing and abandoning said portion of said alley will eot abridge or destroy any of the rights or privileges cf other owners of property within the boends of the area of land shown on the map showing the sub- division of the property of Minnie Neighbors, of record In the Clerk*s Office or the Bustings Court of the City of Roanoke, Virginia, in Deed Book 720, page ST, n~ will such closing abridge the rights of the public, in general, and Council is, therefore, of the opinion that the City should, in its capacity as an abutting owue~ consent to the alley closing us proposed and should farther, in the exercise of its police powers, approve said closing. TBEREFORE, BE IT ORDAINED by the Council of the City of Boanohe that the Mayor of said City be. and he is hereby, authorized and directed to execute, and the City Clerh to seal and attest, and both of said officials to thereafter ucknowl edge, for and on behalf of the City, that certain written instrument prepared under date of November 4, 19S?, and heretofore executed, sealed and achnowledged by the Trustees of the Fellowship Daptist Church, as abutting owner, agreeing and consent- ing to the permanent closing, vacating, discontinuing and abandonment of the westerly gl.4§ feet of said IS-foot wide alley lying between Montrose Avenue and Murray Avenue, S. E., and Ninth Street and Eleventh Street, S. E., as that portion of said alley is shown on the plat of the subdivision of the property of Minnie Neighbors, of record in the Clerk*s Office of the Hustings Court of the City of Roanoke, Virginia. in Deed Book ?20, page 57. in accordance with the provisions of Section 765.1, of the 1950 Code of Virginia, as amended. BE IT FURTHER ORDAINED that the aforesaid written instrument dated the 4th day of November, 1957, signed, sealed and acknowledged, as aforesaid, and agreeing and consenting to the closing of the aforesaid westerly 91.45 feet of said alley be, and the same is hereby approved by this Council as provided by the statute above-mentioned, provided, however, that neither the aforesaid consent nor the afor. said approval shall, in any wise affect or impair the City's right to any easement for any existing public sewer line. water line, drain or other public improvement presently installed in said portion of said alley. BE IT FUR?DER ORDAINED that a certified copy of this Ordinance be delivered by the City Clerk to the Clerk of the Hustings Court of the City of Roanoke, Virginia. and to the City Engineer of the City of Roanoke.Virginia, and that the said Clerk of the Hustings Court and the said City Engineer make appropriate nota- tion of the vacation, discontinuance and closing as herein approved and that said instrument dated the 4th day of November, lgS?, be recorded contemporaneously with the recordation of the copy of this Ordinance in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, and that all recordings and other costs be borne by the Trustees of the Fellowship Baptist Church, Vhe notion was seconded by Mr. Decker and adopted by the following vote: AVES: Council members Decker, Pickett, Mebber, West, Mheeler, and the President. Mr. Young ............... 6. NAYS: Mr. Dillard .......... 1. LICENSE TAX CODE: Hr. Clew D. Johnston, Chairman of the Roanoke Chamber of Commerce Tax Study Committee, appeared before Council nnd requested that the License TaxCode of the City of Roanoke be amended by eliminating from Section 'Merchants, Mholesnle', the requirement that persons owning end atoFlug is any public warehouse in the city goods, w~res or merchandise for nltisate distribution to other wholesalers pay a mholesale uercbants license tax, Mr. Johnston stating that there is n considerable amount of business of this type In the city, ninety per cent of mhich he estimates is stored in the city as a convenience to the manufacturer for ultimate distribution to points without the city, and that enforce. meat of the tax against these businesses will result in such businesses seeking other cities in which to operate. Mr. Robert M. ~oody appeared before Council and stated that he thinks the request should be granted since, in his opinion, enforcement of the provision can result in a loss of business to the city. Mr. Mebber moved to refer the uatter to a committee consisting of MeSSFS. Randolph G. Mhittle, Harry R. Tares and Andrew M. Gilbert for study and recommenda- tion. The motion mas seconded by Mr. Nh,cleF and adopted. BUDGET-MUNICIPAL COURT: Mr. Martin P. Harks, Chairnnn of the Committee on Courts of the Roanoke Bar Association, appeared before Council and presented a recommendation of the Association that one additional Municipal Judge be appointed for the Municipal Court who can be assigned the duties and responsibilities of the issuance of civil and criminal processes, including warrants on petitions for the commitment of persons under disabilities, and the supervision of a Traffic Yiola- tjons Bureau; that a Traffic Yiolattons Bureau be established in the Municipal Court: and that authority be granted for two substitute Judges to serve on alt*rant days during certain hours of the night, and on Saturdays, Snndays and holidays for the issuance of processes and supervision of the Traffic Violations Bureau, Mr. Harks pointing out that the Association believes it is improper for a Judge to issu a warrant in a case which will be tried before him, that the Runlctpal Court is handling approximately 41,000 cases in a year which is Overloading the present staff and denyln9 citizens properattention, and that the.present judges of the Municipal Court are-currently called upon to IsSue marrants at their homes during night hours, and on Saturdays, Sundays and holidays to the detriment of their home and family life. Mr. Holman ~illis, Jr., President of the=Roanoke Bar Association, appeared before Council and stated that the Association is hopeful Council will give every consideration to the report of its committee which has been adopted by the Associa- tion, in order to bring aboutneeded relief in the Municipal Court. Judge Beverly T. Fitzpatrick, Chief Judge of the Municipal Court, appeared before Council and stated that he has madea thorough study of the system of issuin warrants and has come to the conclusion that the system in use in the Municipal Court is burdensome, inefficient and dangerous, that it is his belief that under th present system persons who are entitled round should receive warrants might be denied by reason of their inability to contact one of the Municipal Judges during 39~ the night or over weekends, that it Is his definite opinion that Judges trying case~ should not issue warrants rot eases they are to try. that in addition to the Judge and substitute Judge recommended by the Roanoke Bar Association, in bio opinion, ft will be necessary to employ one or two additional clerks and furnish the necessary office space and equipment for the additional personnel, Judge Fitzpatrick advising Council that he considers the matter most urgent. Hr. Richard F, Pence, a former Judge or the Ronicipal Court, appeared in support of the recomueodation of the Roanoke Bar Association. Mr. Rheeler moved to table the matter for consideration along with the 19SH budget end to request the City Ranager to be prepared to discuss the question of necessary office spare and equipment, including cost, to meet the recoumendation of the court. The motion was seconded by Mr. Webber and adopted. DEPARTMENT OF PUBLIC REI~ARE: Mrs. Ora Neal Johnson appeared before Council and stated that she has been unable to secure assistance from the Department of Public Relfare even though she has been declared totally and permanently disabled by the City Physician, Mrs. Johnson advising that she acm has an appeal from the local Department of Public Welfare pending before the State Relfare Board, but has been unable to get any action on the part of the State Board. Mr. Webber moved to refer the matter to the City Manager for investigation, consultation with the City Physician and report to Council. The motion was seconded by Mr. Dillard and adopted. PETITIONS AND COMMUNICATIONS: PLANNING COMMISSIONS: The City Clerk presented a communication from Mr. Arthur T. Ellett, advising Council that he cannot accept reappointment as a member of the Roanoke Valley Regional Planning and Economic Development Commission for a term beginning January 1, 1958. Mr. Dillard moved to file the communication and to advise Mr. Ellett of Council*s regret, along with its appreciation for his prior service. The motion seconded by Mrs. Pickett and adopted. BOARD OF ZONING APPEALS: The City Clerk presented a communication from Mr. Frederic E. Bishop, submitting his resignation as u member of the Board of Zoning Appeals, effective January 1, 1958, and advising that Such action is taken on the advice of his physician. Mr. Dillard moved to accept the resignation of Mr. Bishop with regret and express the thanks of Council for bis prior service. The motion was seconded by Mr. Decker and adopted. SEWAGE DISPOSAL: The City Clerk presented a communication from the Tomn of Salem, requesting that the contract of October 16, 1953, between the Town of Salem and the City of Roanoke, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an area lying in the County of Roanoke between Lee Highway on the north, Riverside Lane on the east, and Roanoke River on the south and west. Mr. ~heeler moved to refer the request to a committee composed of Messrs. Roy L. #ebber. Chairman, Walter L. ¥onng, Arthur S. Omens and Randolph G. Nhittle for study and recommendation. The motion was seconded by Mr. Decker and adopted. TAXES: The City Clerk presented n communication fram Mr. Richard T. Edwards proposing that Council seek a change in the state lam aD that buildings which are completed during the year may be assessed when substantially completed and rim ret use. Mr. Mebber moved to refer the matter tom committee consisting of Messrs. Randolph G. Mhittle, Chairman, Barry R. Yates and Andrew ¥. Gilbert for study and recommendation. The motion mas seconded by Mr. #heeler and adopted. REPORTS OF OFFICERS: AIRPORT: The City Manager reported that Mr. Robert F. Iluffman has requested permission to transfer to Piedmont Aviation, lncoFporated, his lease on Hangar No. I at the Roanoke Municipal Airport. Mrs. Pickett moved.to refer the matter to a committee consisting of Messrs. Roy L. Mebber, Chairman, ArthuF S. Owens and HarFy R. Yates for study and recom- mendation. Tbemotion mas seconded by Mr. Mheeler and adopted. BUDGET-RECREATION DEPARTMENT: The City Manager requested a transfer of $100.00 from Salary. Playleaders to Wages in the Recreation Department account of the 1957 budget. Mr. Meat moved to concur in the request of the City Manager and offered the following emergency Ordinance: (a13259) AN ORDINANC£ to amend and reordain Section ~110, WRecreation Department". of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22..Page 351.) Mr. Meat moved'the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Mast. Mheeler, and the President, Rt. Young ............... NAYS: None ..................... O. PARKS AND PLAYGROUNDS: The City Manager advised that the lease for the concessions at Washington Park, held by Mr. Charles L. Price, will expire December 31, lgST, and that the lessee Is willing to continue the contract for one year with an option to extend for another year, the City Manager recommending that he be authorized to enter into an agreement with Rt. Price on that basis. Mr. Webber moved to direct the City Attorney to prepare a Resolution carry- ing Out the City Manager's recommendation. The motion was seconded by Mr. Mheeler and adopted. MATER DEPARTMENT: The City Manager reportedthat..on November 15, 1957, at 12:58 o'clock, a.m., a fire damaged the Crystal Spring Pumping Station in an amount estimated at $6,299.6T, plus approximately $107.00 for machinery, and that the insurance companies have offered to,settle on this basis, the City Manager recommending that he be authorized to acceptsuch'o settlement. Mr. West~moved.to direct the City Attorney to prepare a Resolution authoriz* lng the City Manager to accept the settlement as recommended. The motion was seconded~byMr. Mheeler and adapted. REPORTS'OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. 395 396 CONSIDERATION OF CLAIMSt NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 13246, approving the vacating end closing of u certain ten-foot wide alley situate in the City of Roanoke, Virginia, extendiu! from the north line of Noods Avenue, S. M** in a northerly direction betueen Lots 21, 22 and 23, on the east side, and Lots 20 and IO, on the west' side, in Block 10, according to the Resubdivlsfon plat of Exchange Building and Investment Company Map the south line of Allison Avenue, S. N., having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Decker offering the follomlng for its second reading and final adoption: (a132dB) AN ORDINANCE approving the vacating and closing of a certain ten- foot wide alley situate in the City of Roanoke, Virginia. extending from the north line of Woods Avenue, S. N., in a northerly direction betmeen Lots 21, 22 and the east side, and Lots 20 and 10. on the west side, in Bloch 10, according to the Resubdivislon plat of Exchange Building and Investment Company Map. to the soutt line of Allison Avenue, S. (For full text of Ordinance. see Ordinance Book No. 22. Page 349.) Mr. Decker moved the adoption Of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Council members Decker. Dillard, pickett, Webber. Nest. Mheeler. and the President, Mr. Young ............... NAYS: None ..................... O. ZONING: Ordinance No. 13247, rezoning property located on the southeasterly side of Williamson Road, N. N., at the north corporate limits, containing 10.1BB acres, except the extreme southeasterly 112.61 feet thereof adjacent to Curtis Avenue. from General Residence District to Business District, having previously heel before Council for its first reading, read and laid over, was again before the body. Mr. Decker offering the following for its second reading and final adoption: (~13247) AN ORDINANCE to amend and reenact Title XV, Chapter 4. Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 22, Page 350.) Mr. Decker moved the adoption of the Ordinance. The motion was Seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, Webber, West, Nheeler, and the President, Mr. Young ............... 7. NAYS: None ..................... O. BONDS-SINKING FUND-MATER DEPARTMENT: Council at its meeting of December lg57, having directed the preparation of an Ordinance providing for the purchase of Water Department bonds with the $75.000.00 received from the sale of timber on the Beaver Dam and Falling Creek Watersheds, said bonds to he cancelled upon their , Mr. Nheeler offered the following emergency Ordinance: (=13260) AN ORDINANCE appropriating $75,000.0g to Debt Retirement in the Inter Department Account; authorizing the Sinking Fund Commission to use such funds for the purchase of outstanding bonds of the Water Department; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 352.) Hr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Nest and adopted by the rollomlng vote: AYES: Council members Decker, Dillard, Pickett, Mebber, Nest, Yheeler, nnd the President, Mr. Young ............... NAYS: None ..................... O. ARMORY-SCHOOLS: Council at.its meeting of December 9, 1957, having directed the preparation of an Ordinance to provide for the changing of the rental estab- lished for the use of the N~tional Guard Armory for high school basketball teams, Mr. Dillard offered the following emergency Ordinance: (u13261) AN ORDINANCE to amend and reordaln Section 3. *High School Basket- hall', of Article I. *Rental Charges for the Use of the National Guard Armory*, of Ordinance No. 12945, adopted on the 26th day of December, emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 353.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Nebber, West, Wheeler, and the President, Mr. Young ............... NAYS: None ..................... O. MOTIONS AND MISCELLANEOUS BUSINESS: JUVENILE AND DOMESTIC RELATIONS COURT: The City Clerk reported that Messrs. Arthur S. Owens, C. E. Hunter and O. H. Miles have qualified as members of the Juvenile and Domestic Relations Court and the Juvenile Detention Bome Investigating Commission. The report was ordered filed. There being no further business, Conncil adjourned. APPROVED 397 398 COUNCIL, REGULAR BEETIBG, #ondsy. December 23, 1957. The Council of the City of Roanoke met.in regnlar meeting in the Council Chamber in the Municlpnl Building, monday, December 23, 1957, nt 2:00 o~clock. p. m** the regulnr meeting hour. with the President, Br. Young, presiding, PRESENT: Council members Decker. Dillnrdo Pickett, Webber, Weste Wheeler, and the President, Mr. Young ............... 7. ABSENT: None ....................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle. City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend J. Reynolds, Jr., Pastor, Cave Spring Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, Decem- ber 9. lBS?, having been furnished each member of Council. upon motion of Mr. Mheeler, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved ns recorded. BEARING OF CITIZENS UPON PUBLIC RATTERS: ZONING: A public hearing having been set for 2:00 ,*clock. p. m., Monday, December 23. 1957. in the Council Chamber in the Municipal Building, on the request of Millinm £. and Herschel M. Clower that a tract Of land consisting of 3.98 acres located on the west sid? of WJlliamson Road. H. W.. at the north corporate limits. be rezoned from General Residence District to Business District, and notice of said hearing having been published in The Roanoke World-News on December 6. 1g$7, and the City Planning Commission having previously recommended that the request of the petitioners be granted, the hearing was held at which fl, one appeared in opposition Mr. R. T. Edwards. Attorney for the petitioners, appeared and requested that Council concur in the recommendation of the City Planning Commission and the request of his clients. Mr. Wheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (#13262) AN ORDINANCE to amend and reenact Title XV, Chapter 4, ~ection 1. of The Code of the City of Roanoke, 1956, in relation to Zoning. WHEREAS. application has been made to the Council of the City of Roanoke to have a tract of land on the mast side of Williamson Road. N. W., at its intersection with the corporate limits of the City of Roanoke. consisting of 3.98 acres, frontin! 666.79 feet on Williamson Road. being triangular in shape and bounded on the south- west by Airlee Court a distance of 525.64 feet and on the northwest by the corporate limits of the City of Roanoke a distance of 6?0.?2 feet, fez,ned from General Residence District to Business District; and WHEREAS. the City Planning Commission bas recommended that the above parcel of land be rezoned from General Residence District to Business District as requested RREREAS, notice required by Title XV0 Chapter 4, Section 43, of The Code of the City of Roanoke. 1956, relating to Zoning. has been published in #The Roanoke Norld-Nens~, a newspaper published in the City of Ronnoke. rot the tine required by said section; and NREREAS. the hearing as provided rot in said notice published in the said newspaper was held on the 23rd day of December. lgS?. at 2:00 o'cloch, p. m., before the Council of the City of Roanoke in the Council Chamber Jn the Municipal Building, at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezoning; and MB£R£AS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned os requested. TR~R£FOR£. BE IT ORDAI~£D by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1. of The Code of the City of Roanoke, 1956, relating to Zoning. be amended and reenacted in the following particular and no other, viz: Property located on the west side of ~illiamson Road, N. W., at its inter- section with the corporate limits of the City of Roanoke, consisting of 3.98 acres. fronting R66.Yg feet on WillJanson Road. being triangular in shape and bounded on the southwest by Airlee Court a distance of 52S.64 feet and on the northwest by the corporate limits of the City of Roanoke a distance of 670.72 feet, designated on Sheet 220 of the Zoning Rap as Official Tax No. 2200101, be, and ts hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. ?he notion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett. ~ebber, #est, Mheeler. and the President. Mr. Young ............... 7. NAYS: None ..................... O. ZONING: A pablic hearing having been set for 2:00 o'clock~ p. m., Monday. December 23, 1957. in the Council Chamber in the Municipal Building. on the request of J. K. and Lillie M. #hitehead that Lots 1, 2 and 3, Block 3, Wlnona Addition, located atthe intersection of Broadway and Colonial Avenue. S. ~.. be rezoned from General Residence District to Ousiness District. and notice of said hearing having been published in The Roanoke ~orld-News on December 6, 1957. and the City Planning Commission having previously recommended that the request of the petitioners be denied, the hearing was held at which no one appeared In opposition. .: Mr. R. T. Edwards, Attorney.for the petitioners, appeared and advised Council that the property in question has previously been used for business purpose! and that property owners and residents of the immediate neighborhood have no objec- tion tothe rezoning of his clients' property nor to its ssa for a.filllng station os proposed, Mr. Edwards 'therefore requesting that Council grant the request of his clients. Mr. Dillard proposed to offer an Ordinance providing for the rezoning os requested. 39'9 40O Upon being informed that such au Ordinance has been prepared by the Attorney for the petitioners but has cot been submitted to the City Attorney's office for approval, Mr. Webber moved to refer the proposed Ordinance to the City Attorney for his approval. The motion was seconded by Mr. Wheeler end adopted. PETITIONS AND COMMUNICATIONS: BUDGET-COMPENSATION HOARD: The City Clerk presented communications from the State Compensation Board, giving notice of the salaries and expenses fixed by the said Hoard for the Commissioner of the Revenue, the City Treasnrero the Common- mealth Attorney and the City Sergeant of the City of Roanoke for the calendar year 1958. Mr. Wheeler moved to file the communications. The motion was seconded by Mr. Dillard and adopted. UUOG£T-SCHOOLS: The City Clerk presented a communication from the Roanoke City School Uoard, requesting certain transfers in its lg57 budget to provide for the closing of its operations for the fiscal year 1957, Mr. Webber moved to concur in the request of the School Hoard and offered the following emergency Ordinance: (n13263) AN ORDINANCE to amend and reordain Section ~120, *Schools", of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 22, Page 357.} Mr. Webber moved the adoption of the Ordinance. 'The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, West, Wheeler. and the President, Mr. Young ............... NAYS: None ..................... O. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a report, recommending the installation of various street lights in the city. Mr. Wheeler moved to concur in the recommendation of the City Manager and offered the following Resolution: (~13264) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution, see Resolution Uook No. 22, Page 359.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, West, Wheeler, and the President, Mr. Young ............... 7. NAYS: None ..................... O. WATER DEPARTMENT: The City Manager reported that alterations and renovation at the new Water Department Building have exceeded authorized expenditures by $2,399.00 and requested the adoption of a Resolution approving such expenditures. Mr. Wheeler moved to concur in the request of the City Manager and offered the following Resolution: IslS265) A RESOLUTION approving tbs expenditure of $22,399.00 by the City Manager.for renovations and repairs to the new Mater Department building. (For full text of Resolution, see Resolution Book No. 22, Page Mr. Wheeler moved the adoption of the Resolution. The wokJun nas seconded by Mr. West and adopted by the following vote: AYES: Council members Decker, Pickett. Webber, West, Wheeler, and the President, Mr. Young .................... 6. NAYS: Mr. Dillard ............... 1. AIRPORT: The City Manager reported that the Petty Cash Fund of $25.00 at the Roanoke Municipal Airport is insufficient and requested that the said'fund be increased to $50.00. Rr. Meat moved to concur in the request of the City Manager and offered the following Resolution: (z13266) A RESOLUTION authorizing n Petty Cash Fund of $50.00 at the Roanok~ Municipal Airport; and repealing Resolution No. 6975. (For full text of Resolutlon,.see Resolution Book No. 22. Page 359.) Mr. West moved the adoption of the Resolution. The notion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Nebber, Meat, Wheeler, and the President, Rt. Young ............... ?. NAYS: None ..................... O. REPORTS OF COMMITTEES: AIRPORT: Council at its meeting of December 16, lgST, having referred to committee consisting of Messrs. Roy L. ~ebber, Chairman, Arthur S. Owens and Harry R. Yates for study and reconnendatton the request of Mr. Robert F. Huffnan for permission to transfer to Piedmont Aviation, Incorporated, his lease on Bangar at the Roanoke Municipal Airport, the committee submitted its report, recommending that the request of Mr. Buffnan. concurred in by Piedmont Aviation, Incorporated, be granted, provided that Piedmont Aviation, Incorporated, will contract to continu~ aviation repair service at ffoodrum Field for the general public. Mrs. Pickett moved .to concur in the recommendation of the committee and offered the following Resolution: (z13267) ARESOLUTION relating.to a certain lease from the City to J. E. Owens and R. F. Huffnan, partners, trading as Dixie Aviation Repair Service, hereto- fore made under date of December 10, 19S2, and thereafter transferred and assigned to Robert F. Bnffman under date of February 28, 1957; and consenting to the substi- tution of Piedmont Aviation,:Incorporated, as the City's sole lessee thereunder and to the release of Robert F. Buffman as the lessee thereunder, upon certain terns and conditions. (For full text of Resolution, see Resolution Oook No. 22, Page 360.) RFS. Pickett moved the adoption of the Resolution. The notion Has seconded by Mr. Decker.and adopted by .the following vote: AYES: Council members Decker, Dillard, Pickett, Nebbero West, Mheeler, and the President, Mr. Young ............... NAYS: None ..................... O. 401 402 LICENSE TAX CODE: Council at its meeting of October 28, 1957, having referred to a committee consisting of #essrs. Randolph G. Whittle, Chairman, Durry R. Yates and Andre~ W. Gilbert for study and recommendation n request of the Commissioner of the Revenue that the License Tax Code be amended to permit taxing or wholesale petroleum products of vendors operating from without the citye the committee submitted its report, advising that a study of the matter reveals that under existing state lam such a tax as recommended by the Commissioner of the Revenue would not be legal, and recommended that the city undertahe to impose no such license tax at this time. Hr. Dillard moved to concur In the recommendation Of the committee. The motion was seconded by Mrs. Pichett and adopted. LICENSE TAX CODE: Council at its meeting of November 11. 1957, having referred to a committee consisting of Messrs. Randolph G. Whittle, Chairman, Harry R. Yates and Andrew N. Gilbert for study and recommendation the request of Messrs. Copenhaver. ~mards and Darrett, Attorneys, an behalf of the theaters of the cltv. that Title VI, Chapter 5, Section 3, of the City Code, be amended to pro- vide for an admissions tax exemption of ninety-nine cents rather than the nine cents now provided therein, the committee submitted its report, advising that after a careful study of the matter it has concluded that since the tax is levied on individuals patronizing the movie industry rather than on the said industry, the admissions taxes in the city sill not even remotely tend to decide the fate of the local movie industry, and that while the committee is sympathetic mith the operators in their present plight, nevertheless, mith a fixed tax rate on real and personal property mhich in 1q55 yielded less than forty per cent of the financial require- ments of the city. the committee cannot recommend granting the request for a tax reduction. Mr. John D. Copenhaver. Attorney for the petitioners, appeared and advised Council that during the last four or five years the movie theaters in Roanoke have been operating at a deficit and that two theaters in the city have been closed in years, that unless the theaters receive some relief be feels they inevitably close down their operations, that his clients estimate approximately will be lost to the city in revenue if Council fixes the tax exemption on admJsston~ of ninety cents and less in lieu of the present nine cents, which exemption would coincide with that of the federal government. Mr. Nebber moved to direct the City Attorney to prepare an Ordinance amend- fog Title VI. Chapter 5, Section 3, of the City Code, to provide for a tax exemption on admissions of ninety cents and less in lieu of the present nine cents and less. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Decher, Dillard, Webber. Wheeler, and the President, Mr. Young ......................... 5. NAYS: Mrs. Pickett ........ 1o (Mr. West ant voting) LICENSE TAX CODE: Council at its meeting of December 16, 1957, having referred to a committee consisting of Messrs. Randolph G. Whittle, Chairman, Harry R. Yates and Andrew W. Gilbert for study and recommendation a request of the Roanoke Chamber or commerce that Title Vl, Chapter O, Section 06, of the City Code, be amended to eliminate the mholesale merchants license tax ca goods, mares and merchandise stored in bonded warehouses within the city, the coumlttee submitted a majority report of Yeasts. Vanes and Gilbert, advising that some of the firms storing goods in the city for distribution qualify as a restricted wholesaler under Section 86 of the City License Tax Code and can pay n reduced tax, which they feel imposes an undue tax burden, and that since the need is great and distribution of the tax burden of the city is desirable, they advocate that every firm doing business in the City of Roanoke be required to pay a license tax; therefore, they cannot recommend granting the request of the Roanoke Chamber of Commerce. Ry. Rhittle, Chairman of the committee, submitted a dissenting report, advising that a thorough study Into the matter has been nude by the Roanoke Chauber of Commerce special tax study committee composed of Hessrs, Clem O. Johnston, Chairman, James Eo Cart, N. P. Hazlegrove and Robert M. Roody and that the said committee has advised Council that the experience of other cities imposing similar license taxes discloses that the imposition of such a tax resulted in the loss of business to transportation agencies and marehouses and, correspondingly, in a net loss instead of a gain in the clty*s total revenue, that the said committee is of the opinion that the City of Roanoke enjoys a very advantageous position in its attempts to increase its distribution activities, and that the committee feels enforcement of the taxes against thistype of business would not only prevent expau sion or growth of the distribution facilities of the area. bat mould largely dry up those operations now going on in the city, Mr. Whittle stating that, based on the studies of the Chamber of Commerce committee, he feels that the interest of the cit} would, necessarily, be advanced by complying with the Chamber's request and amend- ing the License Tax Code as suggested. During the discussion of the matter, Mr. R. T. Edwards. a member Of the State Tax Study Commission, advised Counhil that in'his opinionthe entire mholesale tax structure of the city ne~ds a thorough investigation and possible revision in the light of the city's buildup in wholesale and distribution business. Mr. Wheeler moved to table.the matter until the next regular meeting of Council. The motion was seconded by Mr. West and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION 0F.CLAIRS: NOSE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 13256, rezoning property located on the north side of Raplelawn Avenue, N. ~., east.of ~illiamson Road, described as Lot.34,.Ronntaln Scenery Addition, from General Residence Distrtet to-Business District, having previously been before Conneil for Its first reading, read and laid over. nas again before the'body, Rr..Wheeler offering the following for its second reading and final adoption: (x13256) AN ORDINANCE to amend and reenact~Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 22, Page 353.) 403 404 Hr. Wheeler moved the adoption of the Ordinance. The motion mas seconded Hr. Nest and adopted by the following vote: AYES: Council meubers Decker, Dillard, Pickett, Webber, Nest, Rheeler, nnd the President, Hr. Young ............... ?. NAYS: None ..................... O. STREETS Ah~ ALLEYS: Ordinance No. 13257. providing for the vacating, dlscon- tiauin9 and closing of the alley running through Block 11, Section 3. Roanoke Development Company. in a southeasterly direction from Asblomn Street, S. formerly Hampton Street, to Bedford Street, S. N., having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Decker offering the following for its second reading and final adoption: (u13257) AN DRDINANCE consenting to tbe vacating, discontinuing and closing of that certain alley situate in tbe City of Roanoke as shown on the Mop of Roanoke Development Company recorded at page 61, Plat Book 1, in the Clerk*s Office of the Circuit Court of Roanoke County, Virginia, running through Block 11, Section 3, of said map in a Southeasterly direction from Ashlawn Street, S. W., formerly Hampton Street, to Bedford Street, S. W. (For full text of Ordinance, see Ordinance Book No. 22, Page 354.) Mr. Decker moved the adoption of tbe Ordinance. The motion mas seconded by Mrs. Pickett and adopted by tbe following vote: AYES: Council members Decker, Dillard, Pickett. Webber, West, Wheeler, and the President, Mr. Young ............... NAYS: None ..................... O. STREETS AND ALLEYS: Ordinance No. 13258, providing for the permanent cloain vacating, discontinuing and abandonment of the westerly 91.45 feet of a certain 15-foot wide alley extending between Rontrose Avenge and Murray Avenue,S, E., and Ninth Street and Eleventh Street, S. E., having previonsly been,before Council for its first reading, read and laid over, was again before the body, Mr, Wheeler offering the following for its second reading and final adoption: (#13258) AN ORDINANCE providing for the permanent closing, vacating, discon tinning and abandonment of the westerly 91.45 feet of a certain 15-foot wide alley extending between Montrose Avenue and Murray Avenue, S. E., and Ninth Street and Eleventh Street, S. E., In the City of Roanoke, ¥irginia. IFor full text of Ordinance, see Ordinance Book No. 22, Page 356.) Mr. Rheeler moved the adopt.ion of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Pickett, Webber, Nest, Rheeler, and the President, Mr. Yonog .................... NAYS: Mr. Dillard ............... 1. WATER DEPARTMENT: Council at its meeting of December 16, 1957, having directed the preparation Of a Resolution authorizing the City Manager to accept settlement for damages at the Crystal Springs Pumping Station, Mr. West offered the following Resolution: (u13268) A RESOLUTION authorizing the City Manager to accept the proffered settlement for damages suffered by fire at the Cltyts Crystal Spring Pumping Station. {For full tent of Resolution. see Resolution Rook No. 22. Page 361.} Mr. West moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett. Mebber0 Mest, Mbeeler, and the President. Mr. Young ............... 7. NAYS: None ..................... O. MOTIONS AND MISCELLANEOUS BUSINESS: CITY GOVERNMENT: Sam Bairston appeared before Council and stated that he ha: been a citizen of the City of Roanoke since its Big Lick days and wants to offer his compliments to Conncil and its officials on their operation of the City Govern- ment. OFFICE HOURS-CITY EMPLOYEES: Mr. Dillard stated that since there will be very few citizens desitin9 to do business in the Municipal Building and with the City Government on Christmas Eve he feels that city employees should be granted a holiday and offered the following Resolution: #A RESOLUTION establishing Tuesday, December 24, as a legal holiday for the current year only. BE IT RESOLVED by the Council of the City of Roanoke that, EOF this calendar year only. Tuesday. December 24. shall be observed as a legal holiday for all departments of the Roanoke Municipal Covernment. except as may be otherwise provided by law, and except as to members of the Police and Fire Departments.~ Mr. Dillard moved the adoption of the Resolution, The motion died for lack of a second+ BUDGET-POLICE DEPARTUENT: The City Manager stated that in making payments to the police force for uniform allowance, the City Auditor has refused to pay the policewomen in the department the uniform allowance, and asked for a clarification in the matter. Mr. Mebber moved to direct the City Attorney to prepare the necessary Ordinance or Resolution authorizing payment of uniform allowances of $100.00 each to the policewomen in the Police Department. The notion was seconded bI Mr. Wheele: and adopted. There being no further business, Council adjourned. APPROVED ;405 406 COUNCIL, REGULAR MEETING, Monday, December 30, IRS?. The Council of the City of Roanoke met in regnlar meeting In the Coencll Chamber in the Municipal Beilding, Monday, December 30, IRS?, et 2:00 a'clock, p. m., the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Decher, Dillard, Pickett, Webber, Nest, Nheeler, end the President, Mr. Young ............... ABSENT: None ....................... O. OFFICERS PRESENT: Hr. Arthur S. Owens, City Manager, Mr. Randolph G. Nhlttll City Attorney, Mr. Harry R. YeSes, City Andltor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend D. Price Byl'ton, Pastor, Ninth Street Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on Monday, December 16, 1957, having been furnished each member of Council, upon motion of Mr. Nest, seconded by Mr. Wheeler and adopted, the reading mas dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC RATTERS: AIRPORT: Mr. Charles O. Take, Jr., Manager of the Greenbrier Airport at White Sulphur Springs. West Virginia, appeared before Council and requested that the landing fees charged his company and the customers of The Greenbrier Hotel for landing at Woodrum Field be eliminated. Mr. Take stating that he makes no charge against planes from Roanoke and elsewhere landing at the Greenbrier Airport. Appearing with Mr. Take, were Mr. E. T. Mright, Vice President and General Manager of The Greenbrier Hotel, Mr. Richard E. Holtzman. Manager of The Greenbrier Hotel. and Mr. Oscar Bowling, a member of the Town Council of Mhite Sulphur Springs, West Virginia, all of whom pointed out that the Greenbrier Airport is maintained primarily for guests of The Greenbrier Hotel, and that many of the guests who ceme and leave the hotel by air pass through Roaaoke's Municipal Airport. Mr. Take farther stated that Roanoke is the only airport he knows Of in Virginia that charges a landing fee for light aircraft, with the exception of the Rashington National Airport. Mr. Wheeler moved to refer the matter to a committee composed Of Messrs. Roy L. Webber, Chairman, Arthur S. Owens and Barry R. Yates for farther study and recommendation. The motion was seconded by Mr. Decker and adopted. PETITIONS A~O COMMUNICATIONS: STATE CORPORATION COMMISSION: The City Clerk presented a notice from the State Corporation Commission, mhich notice had been served on the Mayor, advising that the Commission will hold a bearing at 10:00 o'clock, a. m., January 21, 1958, in Richmond, Virginia, on the application of the Railway Express Agency to operate a truck line between Roanohe, Virginia, and Bristol, Virginia. Mr. Dillard moved to file the notice. The motion was seconded by Mr. Decker and adopted. BUNDS-CITY TREASURER: The City Clerk presented u coumunication rrna the Cfr Treasurer, requesting that Council set the amount for his bond and approve the surety therefor as required under Section 37 of the City Charter, which bond has previously been set at 9100,000.00 for the Treasurerts term expiring December 31, 1957. Hr. Nbeeler moved to concur in the request of the City Treasurer and offered the following Resolution: (z13269) X RESOLUTION prescFlbing the aunnnt of the bond of the Treasurer of the City of Roanoke and approving the surety thereon. (FoF full text of Resolution, see Resolution Boob No. 22, Page Hr. Nheeler moved the adoption of the Resolution. The motion was seconded by MF. Decher and adopted by the following vote: AYES: Council members Dechero DillaFd, Pickett, #ebber, Nest, Mheeler, and the President, Hr. Young ............... NAYS: None ............... ~ ..... REPORTS OF OFFICERS: BUSES: The City Manager presented a request of Mr. Joseph M. Haalegrove o franchise to place benches at various bus stops in the city. said benches to be constructed of concrete and to bear advertising signs, advising that in addition to the license and permit fees required by the city, he will offer 94.00 per bench per annum for the franchise privilege. Mr. ~ebber moved to request Mr. Bazlegrove to furnish Council with a list of the locations at which he desires to place the said benches and to table the matter until the receipt of such a list. The motion wan seconded by Mr. Mheeler and adopted, Mr. Dillard voting no. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager presented a reqaest of the Judge of the Juvenile and Domestic Relations Court for additional telephone service to cost a non-recarring charge of 940°00 and 91BO, O0 per annum, and for an additional Clerk-Typist under Grade 17, at a minimum salary of per month. Mr. ~ebber moved to table the request until receipt of the report of the commission investigating the Juvenile and Domestic Relations Court and the Juvenile Detention Home. The motion was seconded by Mr. Mest and adopted. BUDGET: The City Manager requested the following budget appropriations to cover year-end departmental deficits: Board of Assessors, 92,000.00; Circuit Court- Salary, Judge, 9208.14; Jail-Medical Expense, 9400.00; Police Department-Postage, 935.00, Gasoline and Oil, 91,900.00, Towing Vehicles, 950.00; Fire Department- Utilities, 9300.00; Maintenance of City Property-Utilities, 9300.00; Stadium and Athletic Field-Utilities. $300.00; Refunds and Rebates-Accounts, 92,000.00; Municipal Court-Bond Premium, 9225.00; Juvenile and Domestic Relations Court-Dond Premium, 9200.00. Mr. Mheeler moved to concur in the request Of the City Manager and offered the following emergency Ordinance: .' 407 408 (a132YO) AN ORDINANCE to amend nad reordain certain sections of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text or Ordinance, see Ordinance Dook No. 22, Page 364.) Mr. Nheeler Bored the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Nest, Nheeler, and the President, Hr. Young ............... T. NAYS: None ..................... O. BUDGET-STREETS AND ALLEYS: The City Manager requested that $25,667.00 remaining in Rights-of=Nay under the Street Construction account of the 1957 budget be transferred to the Improvement Fund account, in order that this appropriation may be carried over for the purchase of rights-of-way at Rain Street and Brandon Avenue, S. N.o and along Roanoke River westward from Franklin Road Bridge, mhich rights-of-may ore presently under negotiation. Mr. Nheeler moved to concur in the request of the City #anager and offered the following emergency Ordinance: (=13271) AN ORDINANCE to amend and reordain Section u140. 'Street Construc- tion", and Section n142, 'Transfer to Improvement Fund~, of the 1957 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 364.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Nebber. West. Nheeler, and the President, Mr. Young ............... NAYS: None ..................... O. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: LICENSE TAX CODE: The report of the Tax Study Committee in connection with the wholesale merchants license tax, which was laid over from the preceding meeting of Council, was again before the body. Mr. Wheeler moved to table the matter nnttl the meeting of Jannary 13, 1958. The motion was seconded by Mr. West and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 13262, rezoning property located on the west side of Nllliamsou Read, N. N., at the north corporate lim}ts, consisting of 3.98 acres, Official Tax No. 2200101, from General Residence District to Business District, having previously been before Council for its first reading, read and laid over, was again before the body, Rrs. Pickett offering the following for its second reading and final adoption: (z13262) AN ORDINANCE to amend and reenact Title X¥, Chapter 4, Section of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 22, Page 362.) Mrs. Plchett moved the adoption of the Ordinance, The motion was seconded by Hr. Rheeler and adopted b7 the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, West, Wheeler, and the President, Hr. Young ............... NAYS: Non~ ..................... O. ZONING: Council at its meeting of December 23. 1g$7, having referred to the City Attorney for his approval an Ordinance prepared by Rt. R. T. £dwards. Attorney for J. [. and Llllle M. Whitehead, for the purpose of rezoning certain property located at the intersection of ~roadway and Colonial Avenue, S. W.. and the City Attorney having approved the said Ordinance, Hr. Dillard moved that the following Ordinance be placed upon its first reading: (a13272) AN 0RDINA~CE to amend and re-enact Title XV. Chapter 4. Section I. of The Code of the City of Roanoke. Virginia, 1956, in relation to Zoning. NflEREASo application has been made to the Council of the City of Roanoke to have three lots located on the northwest corner of Colonial Avenue and Ninth Street S. W., Funning ISR.9 feet on Colonial Avenue and Funning back in parallel lines 130 feet from Colonial Avenue and bein9 Lots 1, 2 and 3. Block 3, according to the Map of #inona Addition. rezoned from General Residence District to Business District; and RHEREAS, the City Planning Commission has, for reasons stated in writing. recommended that the application be denied; and NREREAS, notice required by Title XY, Chapter 4, Section 43, of The Code of the City of Roanoke, Virginia, 1956. 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 RBEREAS, the hearing =s provided for in said notice published in the said newspaper was held on the 23rd day of December, 1957, at 2:00 o'clock, p. m., befor( the Council of the City of Roanoke in the Council Chamber in the Runiclpal Building, at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, Virginia, 1955, relating to Zoning, be amended and re-enacted in the following particular and no other, viz.: Property located on the northwest corner of Colonial Avenue and Ninth Street, S. W., running 159.9 feet on Colonial Avenue and running back in parallel lines 130 feet from Colonial Avenue and described as Lots 1, 2 and 3, Block 3, according to the Map of Wiaona Addition, designated on 5heet126 of the Zoning Map as Official Tax No. 1260312 be, and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Hr. Webber and adopted by the following vote: 409 410 AYES: Coencll members Dillard, Nebber, Nest, Nheeler, and the President, NF. Yoeeg ............................................... NAYS: Coencll members Decker cud Pickett ........ 2. PARIS AND PLAYGROUNDS: Coencil et itc meeting of December 16, 1957, having directed the preparation of · Resolution providing for the extension of the contract mith Mr. Charles L. Price for the concessions ut Nushington Park for the year 1950, Hr. #heeler offered the following Resolution: .. (x13273) A RESULUTIDN authorizing the granting of the operation of lbe concessions and the smlmming pool in Nashington Park to Charles L. Price for the calendar year 1950 mith au option for au additional year if first approved by the City Manager. (For full text of Resolution, see Resolution Dook No. 22. Page 065.) Hr. Wheeler moved the adoption of the Resolution. The motion mas seconded by Rte Nest and adopted by the follouing vote: AYES: Council members Decker, Dillard, Pickett, Nebber, Nest, Mheeler, and the Peesident. Mr. Young ............... NAYS: None ..................... O. DUDGET-POLICE DEPARTMENT: Council at its meeting of December 23, 1957, havin9 directed the preparation of a Resolution to provide for the payment to Policewomen in the Police Department of the Sane uniform allowance that is receive~ by uniformed Policemen and Detectlres, Mr. Dillard offered the folloming Resolution: (=13274) A RESOLUTION directing payment to Policewomen of the uniform (FOP full text of Resolution, see Resolution Book No. 22, Page 366.) Mr. Dillard moved the adoption of the Resolution. The notion was seconded by ers. Pickett and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, West, Wheeler, and the President. Mr. Young ............... NAYS: None ..................... O. LICENSE TAX CODE: Council at its meeting of December 23, 1957, having directed the preparation of an Ordinance to amend Title VI, Chapter 5, Section 3, of The Code'of the City of Roanoke, Virginia, 1956, to provide that no tax shall be payable on an admission where the price of the said admission is less than ninety- one cents, Mr. Webber moved that the following Ordinance be placed upon its first reading: (x13275) AN ORDINANCE to amend and reordain Section 3, of Chapter 5, of Title VI, of The Code of the City of Roanoke, Virginia, 1956. BE IT ORDAINED by the Council of the City of Roanoke that Section 3, of Chapter 5, of Title VI, of The Code of the City of Roanoke, Virginia, 1956, be, and the same 'is hereby, amended and reordained so as to read as follows: Sec. 3. Admission charge of less than ninety-one cents. Where the admission charge is less than ninety-one cents, no tax shall be payable. Amounts paid for admission by season tickets or subscription shall be exempt only if the amount to be charged the holder or subscriber for a single admission is less than ninety- one cents. ~smssmn The motion was seconded by Hr. Ih,cleF and adopted by the following rote: AYES: Council members Decker. Ulllurd, lebber, Iheeler, and the President, Yr. Young ......................... NAYS: Mrs. Pickett ........ 1. (Mr. lest not voting) lATER DEPARTMENT: Mr. C. C. Cuss,Il, and'others, having previously requested that Council permit them to file a surety company bond with the city in lieu of the $10o000.00 cnshler*s check heretofore placed mlth the city in connection with the timber sale contract, and the City Attorney advising that such action is nom in order, Mr. Iheeler offered the following Resolution: (~13276) A RESOLUTION authorizing C. C. Cass,Il, and others, to file a two- year surety company bond with the City in lieu of the $10,000.00 cashier's check heretofore placed. (For full text of Resolution, see Resolution Book No. 2R, Page'366.) Mr. Rheeler moved the adoption Of the Res,lotion. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Plchett, lebher, lest, Ih,el,r, and the President, Mr. Young ............... 7, NAYS: None ..................... O. : BUDGET: Mr. Wheeler stated that it will be impossible for Council to com- plete the adoption of the budget for the year 1950 and that it will be necessary to provide for the payment of certain expenses, Br. Wheeler offering the following emergency Ordinance: (~13277) AN ORDINANCE providing for the payment of necessary expenditures for the operation of the Municipal Government until the 1958 Appropriation Ordinance is adopted and becomes effective; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 367.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the follomlng vote: AYES: Council members Decker, Dillard, Pichett, Webber, West, Wheeler, and the President. Hr. Young ............... 7. NAYS: None ..................... O. MOTIONS AND MISCELLANEOUS BUSINESS: BOARD OF ZONING APPEALS: The resignation of Mr. Frederic E. Bishop as a member of the Board of Zoning Appeals, effective December 31, 1957. creating a vacancy on the said Board for the unexpired term beginning January 1, 1950, and ending December 31, 1959, the Mayor called for nominations to fill the said vacancy Mr. Wheeler placed in nomination the name of Mr. Alphonse B. Echstein. Mr. Webber moved to close the nominations. The motion was seconded by Mr. West and adopted. Mr. Eckstein was elected a member of the Board of zoning Appeals to fill the unexpired term of Mr. Frederic E. Bishop, resigned, from January 1, 1958, to December 31, 1959, by the following vote: AYES: Council members Decker, Dillard, Pickett, lebber, West. Wheeler, and the President, Mr. Young ............... ?. NAYS: None ..................... O. 412 / PLANNING COMMISSIONS: Mr. Arthur T. Ellett having odvised Council thnt he could not iccept reappolatment as u member of the Regiesel Planning and Economic Derelopmeat Commlocfoe, the ¥clor coiled for oominntlonc to fill the vacanc, beginning January 1, 1959. for a term of three years. Nfo. Pickett placed lB nomination the name of Mr. R. E. Nodges. Mr. Mheeler moved to close the nominations. The motion Was seconded by Mr. Decker cad adopted. Mr. Nodges wCs elected a member of the Regional Planning and Economic Development Commission for a three year term beginning January 1. 1950, by the following vote: AYES: Council members Decker. Dillard. Pickett. Webber. Nest. Wheeler. and the President. Mr. Young ............... ?. NAYS: None ..................... O. There being no further business. Council adjourned. APPROVED COUNCIL. REGULAR MEETING. Monday. January 6. 1958. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, January 6, 1958, at 2:00 o'clock, p. n., the regular meeting boar, with the President. Mr. Young, presiding. PRESENT: Council members Decker, Dillard. Pickett. Mebber, Nest. Nheeler, and the President, Mr. Young ............... 7. ARSENT: None ....................... O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph 6. Mhlttle. City Attorney, Mr. Marry R. Yates. City Auditor, and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend O. L. Burgher, Pastor of the Belmont Church of God. MINUTES: Copy of the minutes of the regular meeting held on Monday, Decem- ber 23. 1957, having been furnished each member of Council, upon motion of Mr. Nheeler, seconded by Mr. Decker and adopted, the reading mas dispensed with and the minutes approved ns recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: APPOINTMENTS: The City Manager reported the appointment of MIss Bernice F. Jones ns Director of Public ~elfare, ir. Russell E. Almond as Clerk of the larket and Mr. Jimmy B. Layman as Assi.stant Clerk of the Market, effective January 1, 195B The report mas ordered filed. APPOINTMENTS-POLICE DEPARTMENT: The City Manager reported the appointment of Messrs. Moward M. Spangler and Raymond O. Fielder as police officers, effective January 1, 19SR. The report was ordered filed. REPORTS: The City Manager submitted a report of the Department of Public lelfare for the month of November, 1957, and reported other departmental reports on file in his office. The report was ordered filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS:~NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES ANR RESOLUTIONS: ZONING: Ordinance No. 13272, providing for the rezonlng of Lots 1, 2 and 3, Block 3. Minona Addition, located at the intersection of Broadway and Colonial Avenue, 5. ~., from General Residence District to Business District, having pre- viously been before Council for its first reading, read and laid over, was again before the body. Mr. M. Roy Hicks, 2762 Colonial Avenue, S. W., appeared before Council and presented a petition bearing twenty-four signatnres of residents of the 260g and 2?00 blochs of Colontul Avenue, S~ M., opposing the rezonlng or the above property on the grounds that it would be detrimental to their neighborhood. Also appearing in opposition, were Hrs. Lawrence L. Layman, #rs. E. B. Smoot, Mr. Rayne L. Tone and Mr. C. H. £tueo residents of the area. Mr. Hebber moved to table the Ordinance until the next regular meeting of Council. The notion was seconded by Mr, Mesa and adopted. TAXES: Ordinance No. 13275, amending and reordaining Section 3, Chapter S, Title VI, of the City Code, relating to the admissions tax, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Mheeler offering the following for its second reading and final adoption: (#1327S) A~ ORDINANCE to amend and reordafn Section 3, of Chapter 5. of Title Vl, of The Code of the City of Roanoke, Vlrglnia. 1956. (For full text of Ordinance, see Ordinance Book No. 22, Page 360.} Mr. Mheeler moved the adoption of the Ordinance. The motion nas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker. Dillard, Rabbet, Rheeler, and the President, Mr. Young ........................... S. NAYS: Mrs. Pickett .......... 1. (Mr. Mesa not voting) MOTIONS AND MISCELLANEOUS BUSINESS: QUALIFICATIONS: The City Clerk reported the qualification of the folloning Board, Committee and Commission Members: Advisory and Appeal Board, Air Pollution Control, Mr. Robert L. Lynn and Mrs. G. Harold Dove, for terms of four years each beginning January 1, lg50; Advisory Committee on Investment of Funds to the Board Truatees of the Employees' Retirement System, Mr. B. L. Dollister, for a term of three years beginning January 1. 195~; Roanoke Valley Regional Planning and Economic Development Commission, Mr. R. E. Bodges. for a term of three years beginning January 1. 1958; and the Board of Zoning Appeals, Mr. A. M. Eckstein, for the der of the term of Mr. Frederic E. Bishop, resigned, ending December 31, 1959. The report was ordered filed. ARMORT: The City Manager advised that Mr. Pete Apostolou, promoter of the wrestling matches previously held at the American Legion Auditorium prior to its destruction by fire, bas requested use of the National Guard Armory for the purpose of holding such wrestling matches, the City Manager advising that in order to pro- vide necessary lavatory facilities it will be necessary to.use a portion of the lavatories under the east stand at the Municipal Stadium which will require the construction of a partition and the installation of a water cut-off valve at an estimated cost of $250.00, Mr. Apostolou being willing to pay the said amount, the City Manager advising further that Mr. Apostolou has requested use of the National Guard Armory f~r iwo Friday nights in January. two Friday nights in February and all of the Friday nighta in March, April and May, 1959. the other Friday nights having previously been granted to the high school amd other users under permits from his office, the City Manager stating that this will take all of the unallocated tine on Friday nights at the National Guard Armory during that period and that he sees no why it should not be permitted. Mr. Webber stated that since the National Guard Armory is one of the few remaining places for public activities he feels that more study should be given to the matter and moved to table the request until the next regular meeting of Council. The notion nas seconded by Hr. Rest and adopted. FIRE DEPARTMENT: The City Manager reported that the boiler in the heating system at the Fire Station located on Sixth Street, S. M., has burnt and is not repairable since the furnace pas Installed in 1909, the City Manager recommending that the furnace be replaced, advising that the cost thereof pill be $1,200.00 and requesting that he be authoriued to include the amount in the 195B budget ~hlch pill be before Council for adoption at its next regular meeting. Mrs. Pickett moved to concur in the request of the City Manager. The motion mas seconded by Mr. Decker and adopted. There being no further business, Council adjourned. APPROVED ATTEST: Clerk President// ' 416 COUNCIL, REGULAR MEETING, Monday, Janaery 13, 1950. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Uuilding, Moadayo January 13, 195H, at 2:00 o'clock, p. m. the regular meeting hour, math the President. Mr, Young, presiding. PRESENT: Council members Decher, Dillard, Pickett, Webber, Wheeler. and the President. Mr. Young ............... 6. ABSENT: Mr. West ........... The Mayer announced that Mr. West is absent due to being confined in the Jefferson Hospital mltb pneumonia. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle, City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend John A. St. Clair. Pastor of the Airlee Court Baptist Church. MINUTES: Copies of the minutes of the regular meetings held on December 30, 1957, and January 6, lgSO. having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS Ah~ COMMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalachial Electric Power Company. reporting the installation of sixteen 2500 lumen and the removal of one 6000 lumen street lights in the city during the month of December. 1957. The communication mas erdered filed. PURCHASE OF pROPERTY-STREETS AND ALLEYS: The City Clerk presented a commun: cation from ~he City Planning Commission. recommending that Council acquire sufficient land to provide for the widening of the radius of the southwest and northeast corners of Bullitt Avenue and Jefferson Street to twenty-six feet. Rr. Webber moved to direct the City Ranager to ascertain the cost of the necessary Iand and the estimated cost of the construction to compl! with the recommendation of the City Planning Commission and submit his report tbereon. The motion was seconded h! Mr. Decker and adopted. HOUSING--S~TtEETS AND ALLEYS: The City Clerk presented a communication from the City Planning Cemmtssion, recommending that a portion of Milliamson Road, situated in the Commonwealth Redevelopment Project. located between Rutherford Avenue and Orange Avenue, be relocated to the eastward so as to eliminate an curve near Orange Avenue and to reduce traffic hazards, the Commission advising tbat the additional cost of tbe proposed change to the city will not exceed $14.000.00. Mr. Wheeler moved to table th~ matter until the next regular meeting of Council and to direct the City Manager to have the City Engineer and the Superinten- dent of Commanjcations and Signals present to discuss the matter at that meeting. The notion was seconded by Mrs. Pickett and adopted. land necessary rot the relocation or #hiteside Street, N. E., advising that, in its opinion, it Is essential that the land be acquired for proper extension and relocation of the street while it is still undeveloped and available. Mrs. Pickett moved to direct the City Manager to negotiate with the several property owners, to determine the cost of the land, to prepare an estimate of the cost of the construction to carry cut the recommendation of the City Planning Commission and to submit his report thereon. The motion was seconded by Mr. Mheelez and adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a recommendation for the installa. tlon of a series of street lights on Campbell Avenne, S. W.. from Seventh Street to Thirteenth Street. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following Resolution: (a13270) A RESOLUTION authorizin9 tho installation of additional street lights, the replacement of certain existing street lights and the removal of certain extstln9 street lights on Campbell Avenue, S. N.. between Seventh Street and Thirteenth Street. (For full text of Resolution. see Resolution Hook No. 22, Page Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Wt. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett. Webber, Rheeler. and the President, Mr. Young ............... NAYS: None ................. O. (Mr. West absent) REPORTS OF COMMITTEES: AIRPORT: Council at its meeting of November 25, 1957, having referred to a committee consisting of Messrs. Roy L. Webber, Chairman, Arthur S. Owens and Harry R. Yates for study and recommendation a recommendation of the City Manager, provld- lng for a change in the law dealing with automobile-for-hire service at the Roanoke Municipal Airport, the committee submitted its report, advising that the effect of the recommendation of the City Manager would be that all automobile-for-hire companies at the Airport would pay to the city a charge of ten per cent of all their gross revenue derived from their activities at the said Airport and would permit any company in the business to operate at the Airport rather than restricting it to one operator as heretofore, the committee concurring in the recommendation of the City Manager. Mr. Webber moved to concur in the report of the committee and to direct the City Attorney to prepare the proper Ordinance amending the law as recommended by the City Manager and the committee. The motion was seconded by Mr. Dillard and adopted. AIRPORT: Council at its meeting of December 30, 1957, having referred to a committee consisting of Messrs. Roy L. Webber, Chairman, Arthur S. Owens and Harry Vates rot study iud recommendation the request of Mr, Charles O, Tare, Jr., Manager of Greenbrier Airport, Incorporated, roy elimination of landing fees ut ~oodrum Field as they apply to hfs aircraft0 the committee submitted Its report, advising that after a thorough study of the matter, in lts opinion, there should be no change in the schedule of charges at the Roanoke Municipal Airport at this time, since to comply math the request of Mr. Tate mould be unfair to other operators at the Airport and bring about a rash of requests from them. The Mayor presented a coumunlcatiou from the Mesa Virginia Aviation Associa- tion in support or the request of Mr. Tare. advising that no landing fees are charged by any airports In Mesa Virginia, except for tmo airports that charge a fee for twin engine aircraft only. The Rayor also presented a communication from the Aircraft Omsers and Pilots Association of Mashington, D. C., advising that it is opposed to landing fees at publicly owned airports mbere money has been used under the Federal Airport Act for the construction of said airports and that it is requesting Congress to enact a lam providing that udder such circumstances landing areas of the airports mill be available for use mithout charge by aircraft not operated for compensation or for hire. Mr. ~ebber moved to concur in the report of the committee. The motion mas seconded by Mr. Decker and adopted, Mr. Dillard voting no. S£RAGE DISPOSAL: Council at its meetings of November 4, December 2, and December 16, 1957. having referred to a committee consisting of Messrs. Roy L. Rubber, Chairman, Malter L. Young. Arthur S. Omens and Randolph G. Nhittle one request from the County of Roanoke end two requests from the Town of Salem that the contracts betmeen the two political subdivisions and the City of Roanoke. dealing math the treatment of domestic and commercial mastes, be amended by adding thereto three areas in the County of Roanoke, the committee submitted an interim report. advising that it is its opinion that no addition should be made to the existing contracts, pending further consideration by the committee after consultation with Mr. Louis R. Howson of Alvord, Rnrdick ~ Homson0 the city's consultants, the commit- item advising that it expects to have such a consultation mithin the next rem meeks. Mr. Mheeler moved to concur In the report of the committee. The motion mos seconded by Mrs. Pickett and adopted. LEGISLATION-TAXES-BUILDINGS: Council at its meeting of December 16. 1957, having referred to a committee consisting of Messrs. Randolph G. Nhtttle. Chairman, Harry R. Vates and Andrem ~. Gilbert for study and recommendation a communication from Mr. Richard T. Edwards, proposing that the City of Roanobe seek to ha,e the Legislature amend the law of the state so that the city will have the same right under Section 58-811.1 of the Code of Virginia that counties now possess to provide for the assessment of buildings mhich are substantially completed during the year according to the ratio mhich the portion of the year such building is fit for use bears to the entire year, the committee submitted its report, recommending that the suggestion of Mr. Edmards be adopted. Mr. Dillard moved to concur in the report of the committee and offered the folloming Resolution: Virginia that would give unto cities of the Commonwealth the sane right therein granted unto counties. (For tull text of Resolution. see Resolution Hook No. 22. Page 369.) Mr. Dillard Bowed the adoption of the Resolution. The motion uaw seconded by Mr. Decke~ and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett. Rheeler. and the President. Ur. Young .............................. 5. NAYS: Mr. Webber ............... l. (Mr. Rest absent) UNFINISHED BUSINESS: PURCHASE OF PROPERTY-HOUSING: The City Clerk reported that the option of City of Roanoke to purchase Block N, and Parcels 1, 2 and 3, Block J. in the Commonwealth Redevelopment Project, under the contract betneen the city and the Cfr of Roanoke Redevelopnent and Housing Authority, which has previously been extended, Bill expire January 15. IgSH. Mr. Webber Bowed to direct the City RanageF to consult with the City of Roanoke Redevelopment and Housing Authority in an attempt to secure an extension to the option for as long a period as possible, in order to permit Council to have tin~ to determine nhether or not the property should be acquired. The motion nas second by Rrs. Pickett and adopted. LICENSE TAX CODE: Council at its meeting of December 30, 1957, h~ving tabled for two weeks a committee report on the request of the Roanoke Chamber of Commerce that Title VI, Chapter 8, Section DO, of The Code of the City of Roanoke, Yirginia, 1956. be amended to eliminate the license tax.on the storage of certain goods, wares and merchandise in the city, at which time Council directed the City Attorney to prepare an Ordinance providin9 for the amendment as requested so as to protect the local operators of public warehouses ia the city and at the same time not discriminate against residents selling merchandise from their onn places of distribution situated within the city, the matter was again before the body. The City Attorneyreported that he has prepared such anOrdinance and has discussed it with the Chamber:of Commerce Committee, and that the committee is not entirely satisfied with the amendment he proposes, but has advised that if the Ordinance ts adopted the committee will not pursue the matter further. Rr. Dillard moved that the following Ordinance be placed upon its first reading: (=13280) AN ORDINANCE to amend and reordain Section 86, of Chapter 6, of Title ¥I, of The Code of the City of Roanoke, Virginia, 1956. BE IT ORDAINED by the Council of the City of Roanoke that Section HO, of Chapter U. of Title VI, of The Code of the City of Roanoke, Virginia. 1956. be. and the sameis hereby, amended and reordatned so as to read as follows: Sec. H&. Merchants, wholesale. Every person who, as a business, bnysand sells goods; wares, merchandise or commodities, including all types and kinds of equipment, machines, provisions. sapplies and other tangible personal property susceptible of sale. or nho, as the 4.1.9 420 owner or uny such property mohes n business of renting, lending or otberwide tempo- rarily disposing of the same, for compensation, but who is not by this chapter expressly otherwise classified, shall be deemed to be u merchant. LJhemJne, eynry person mbo, by some other Section of this chapter, is required to he licensed as a merchant, is hereby deemed to be n merchant. Ail such merchants who sell, or otherwise confine their business solely to other persons for resale or to industrial, commercial ur institutional users shall be dee~Gd to be mholesale merchants. Also, every person awning and storing in any public warehouse in the city goods, wares or merchandise and conducting any business mi,him the city, relative to the sale of such ooods, wares or merchandise, or an7 part thereof, to others for resale, or to industrial, commercial or institutional users, shall be deemed to be a wholesale merchant. £ver7 person engaged in business as a wholesale merchant as herein defined shall pay a license tax of ........................ 955.00. Plus 33 cents on each 9100.00 of the "purchase" made by him in such business, as the term "purchase' is hereinafter defined in this section; provided, however, that, upon application thereof, a "restricted wholesale merchant's license" may be issued a wholesale merchant Jf (]) 95~ or more in value of his purchases are the pro- ducts of one producer, processor OF manufacturer; and (2) 85~ or more of his sales are to customers and for use outside the city. A wholesale merchant entitled to the issuance of a 'restricted wholesale nerchantts licensee as hereinabove provided shall pay an annual license tax of . ~ .................. $55.00. Plus 33 cents on each $100.00 of purchases not exceeding $100,000.00, 17 cents on each 9100.00 of the next $200,000.00 of purchases, and 11 cents on each 9100.00 of purchases in excess of $$00,000.00. The term *purchases** as used in this section, shall be deemed to be the total cost to the merchant of all goods, wares and commodities purchased or procure~ by such merchant for resale, whether paid for or not during the year preceding the then current year, including all transportation charges or costs on such goods, wares, merchandise and commodities to the merchant's.place of business, by whomso- paid, and including, also all fines, charges, interest or other service charge made by such person and, also, all charges made by such person as rentals for the of goods, wares, merchandise, machines, equipment, provisions or other tangible personal property owned by such person. In case the business for which a license tax is imposed, by this section is commenced on or after January first of any year, the license tax for such year shall in said business shall be based upon the estimated or probable *purchase* In said business from the date of commencement thereof to December thirty-first of that year. Every wholesale merchant who desires to conduct a retail business shall procure an additional, separate license on the retail part of said business. The license tax imposed by this section shall be in lieu of all city taxes upon the capital actually employed by said merchant in said business. goods, nares nad merchandise manufactured by him then such manufacturer shall take out a uholesale merchant's license, though this definite place or store end also the place of manufacture, be both located in said city. The amount of the tax on such additional license shall be measured not only by the amount of 'purchase' made by such manufacturer from others but also by the goods, mares, and merchandise manufactured by him and sent from the place of manufacture to his store for sale; and the cost of manufacture shall be taken as the #purchase' price of goods, wares and merchandise. For the purpose of enforcing the license tax herein.imposed and for the conduct and guidance of officials of the city and other persons affected by this section, the provisions of Articles 6. ? and 6, Chapter T. of Title SO of the lgSO Code of Virginia, as amended, at the time of the passage of this chapter, are herebl adopted except where the provisions, or a provision, of said articles might be held to be inconsistent mith this section, in which case or cases the provisions of this section shall prevail unless the same be expressly contrary to the law of this state If, after the close of the year for which the license is issued, and prior to February first of the next ensuing year, the wholesale merchant should elect not to renew it, but desires the privilege to sell mhatever goods, wares and nerchandis~ he may have on hand at the time. it shall be lawful for him to do so upon the pay- neat of a license tax of ......................... $55.00. Plus 33 cents on each $100. OO of the value, at cost, to such merchant, of such goods, mares and merchandise as are on hand on December thirty-first, which value shall be arrived at by inventory as of such date and which valuation shall be sub- iJect to reviem and revision by the Commissioner. Such license shall entitle the imerchant to sell only those goods, wares and merchandise on hand December thirty- first and, should additional stock be acquired for sale. a regular wholesale merchant's license measured by his gross 'purchase" during the entire preceding year shall be required of such merchant. The notion was seconded by Mr. Mheeler and adopted by the iolloming vote: AYES: Council members Oecker~ Dillard, Pickett, #ebber, Nheeler, and the President, Mr. Young ............... 6. NAYS: None---~ ............. O. .(Mr. #est absent) ARMORY: Council at its meeting of January 6, 1956. having tabled until its next regular meeting the request of Mr. Pete Ap,st,lan for use of the National Guard Armory Auditorium for the remaining unallocated Fridays in January and February, and all of~the Fridays ia March, April,and May, 1958, for use in connection with wrestl- ing matches conducted by him., assubnittedby the City Manager, the matterwas again before the body. In response to questions by Council, Mr. Ap,st,lan advised that if his request is granted the auditorium would be restored to its normal starchy removing seats and the ring~and other appurtenances on'the morning foil,win9 each-wrestling match and that his operations would in no way interfere with the National Guard or other persons using the auditorium. 42:1. 422 Rt. Dlllurd moved to direct the City Attorney to prepare I Resolution to lense to Rt. Apostolou the National Guard Armory Auditorium, os requested by him nod approved bythe City Manager. rot the unolloccted Friday eights for the period ending May 31, 1958. nt $75.00 per night. The motion uss seconded by Hrs. Pickett nod edopted. COHSIB~HATION OF GLAIRS: NONE. INTRODUCTION AND CONSIDEHATION OF ORDINANCES AND HESOLUTIONS: ZONING: Ordinance No. 13272. rezoaing property located at the letersection of Broadway iud Colonial Avenue, S. W., designated os Lots It 2 gad 3, Block 3, Minona Addition, from General Residence DIstrict to HnsJness District, having previously been before Counci°l for its first reading, read and laid over, was again before the body. Hr. [. A. Eel, 2732 Thorndale Drive, S. H., Mr. A. H. Bert. 2738 Thorndele Drive, $. W., and Hrs. William J. Carter, 2750 Thoredale Drive, $. N., appeared before Council in opposition to the passage of the Ordinance and rezoning of the property. The City Clerk presented a petition from fifteen residents of Thorndale Drive, Bluefield Boulevard and Goymont Street, S. W., advising that they are opposer to the rezoning contemplated on the basis that it will be detrimental to the resi- dential area and decrease the value of their properties. Rt. Richard T. Edwards, Attorney for the petitioners, appeared end stated that be bas been advised by the Atlantic Refining Company that If the property in question is nat rezoned It intends to renew its option on the'property located on the southwest corner of Colonial Avenue and Broadway. S. Wa, and erect thereon the filling station intended to be erected on the property of his clients. Mr. Decker offered the following Ordinance for its second reading and final adoption: (u132~2) AH ORDINANCE to amend and reenact Title XV. Chapter 4. Section l. of The Code of the City of Roanoke. Virginia, 1956, in relation to zoning. (For full text of Ordinance, see Journal Book No. 31. Page 409.) Hr. Decker moved the adoption of the Ordinance. The motion was seconded by Hr. Wheeler and defeated by the following vote: AYES: None ................. O. NAYS: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President. Hr. Young ............... 6. (Hr. West absent) MOTIONS AND MISCELLANEOUS BUSINESS: HEALTH DEPARTMENT: The City Clerk reported that the terms of Dr. Grady P. Gregory, Hr. Thomas P. Parsley and Mr. G. Frank Clement as members of the Housing end Hygiene Board will expire January 31. 1958. the terms being for two years each; whereupon, the Hayor called for nominations to fill the vacancies which will be created. Mr. Wheeler placed In nomination the names of Dr. Grady P. Gregory, Hr. Thomas P. Parsley and Mr. G. Frank Clement for reelection as members of the Hausfn. and Hygiene Board for terms of two years each beginning February 1, 1956. Dr. Grady P, Gregory, Mr. Thomas P. Parsley end UFo G. Frank Clement mere reelected as members or the Housing Bad Hygiene Hoard for terms of tmo years each ~egtnnlog February 1, 1950, by the following vote: AYES: Council members Deck,Fo Dillard. Pickett. Webber0 Nkeeler, and the President. Mr. Young ............... NAYS: None ................. O, (Hr..West absent) LEGISLATION-SCHOOLS: Nayor Young stated that for some months past represen~ tires of business nad industry from the area, along wl~h civic leaders, hare been in consultation with sta~e officials in an attempt to hare located in Roanoke a technical institute which mould he operated hy the Virginia Polytechnic Institute under the direction ~f the State Hoard of Education and mould teach tmo year courses in the sciences, that the business and industrial representatives have .stated that operating deficits of the teohnlcal institute, estimated to be $35S,000.00 the first year ~nd $105,000.00 for succeedin9 years, would be underwritten by the business and industrial organizations in the community, that the establishment of this school would be of great benefit to high school graduates .in the community Who are unable to take regular college training, and mould also be of great value to business and industry in supplying trained technicians, the Mayor advising that he has been requested to bring the matter before Council to determine whether or not the body is in favor of establishing such an institution in RQanoke and will author. ize him to appear before the proper committee of the General Assembly of Virginia in support thereof. Mr. Rheeler moved to direct the City Attorney to prepare the proper Resolu- tion, advising that the Council of the City of Roanoke is in favor of the establish. meat of Inch an institution and offering assistance in support thereof within its ability, and further directing the Mayor to appear before the proper committee of the General Assembly Of Virginia to present the matter. The motion was seconded by Mr. Mebber and adopted. There being no further business, Council adjourned. APPROVED 424 COUNCIL. REGULAR MEETING, Monday, January 20, 1958. The Council of the City of Roanoke met in regular meeting ia the Council Chamber in the Municipal Building, Monday, January 20. 195§, at 2:00 o°clock, p. the regular meeting hour, mith the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard, Pickett, Mebber. Wheeler, and the President, Mr. Young .................. ABSENT: Mr. West .............. 1. 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. INVOCATION: The meeting was opened with a prayer by Mr. Arthur S. Owens, City Manager. MINUTES: Copy of the minutes of the regular meeting held on Monday. January 13, 1950. having been furnished each member of Council, on notion of Mr. Wheeler. seconded by Mr. Decker and adopted, the reading was dispensed mith and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: PURCHASE OF PROPERTY-RECREATION DEPARTMENT: The City Clerk presented a communication from Mr. W. Donald Dobbs. Agent for the Bateman Estate. offering to convey to the city for the sum of $25.O00.O0 a nine room Colonial Home on a five acre tract of land. designated as Lots 1-20, inclusive, Forest Hill Subdivision. lying between the Villa Heights and the Forest Park area in the northwest section. Mr. Dobbs suggesting that the city might use the property as a recreational and civic center for the neighborhood, including a playground for the children. Mr. Dobbs also presented communications from the Washington Heights Parent- Teacher Association and the Monroe Junior High School Parent-Teacher Association, suggesting that the city secure the property in question as a recreational area for the neighborhood. Mr. Dobbs in his appearance before Council stated that he asked Mr. Ray R. Burton, a contractor, to go over the house with him and found that it is in good shape, but will require exterior painting and installation of gutters at an estimat* cost of $650.00. Mr. Burton also appeared and stated that in his Judgment the statement as *resented by Mr. Dobbs with reference to the condition of the hoose is correct. Mr. B. B. Harden. a resident of the area, appeared and stated that there is to place for children in the neighborhood to play nor any place where the citizens of the neighborhood could go for recreational activities, there being no park located in that neighborhood, Mr. Harden stating that he feels some action should be taken to provide recreation facilities for the residents in the far northwest section of the city and recommending that Council consider the purchase of the property in question. 425 Mr, Dillard moved to table the matter for further consideration, The motion mss seconded by Hr, Wheeler and adopted, TAXES: The City Clerh presented a communication from Senator Earl.A, Fitzpatrick, nchnowledging receipt of Eesolution No, 13279, adopted by Cooncil on January 13o 1950, and advising that there is some question ns to whether.or not the requested permissive authority far.Council to provide for placing structures on the tax rolls when substantially completed and fit for use shonld be introduced into the State Legislature as a Charter change or na amendment to Section S0-OII,I of the Code of Virginia, Senator Fitapatrich further advising that any Charter changes desired by Council wonld have to be introduced into the General Assembly by January 2S, 1950, and that in fairness to Council he wishes to call to the attention of the body the fact that persons building new homes are required to secnre permits for building, heating, plumbing, pay fees for sewer and water connections, and are faced with other costs In new construction which are rather large, and that the addition of early taxation on their structures night place an undue burden upon them; however, both he and Delegates Mossea Gregory and Julian D. Rutherfoord, Jr** mill support such legislation as Council desires. The City Clerh also presented a communication from Eelegate Gregory, advising that he and Delegate RutheFfoord are happy to cooperate and will sponsor the necessary legislation in the Douse of Delegates, Mr. Dillard moved to direct the City Attorney to inform the members of the General ~ssembly from Roanohe that Council desires to hays the general law amended as requested in Resolution NO. 13279. and if this should fail. to have a Charter amendmenL accomplishing the same purpose. The motion was.seconded by Mr. Wheeler. Mr. Webber stated that in his opinion citizens building new homes in the community are faced with enough expense in securing the necessary permits and pavia! for the necessary connections and should not be required to face an additional tax burden on theirproperty at this time since the city does not need the money from this source. Mr. Webber then moved to file the communications until such time .as the money is needed and to consider the matter again at that time. The motiondied for lack of;a second; whereupon, the motion of Mr. Dillard was adopted, Mr. Webber.voting no. ~ REPORT$OF'OFFICERS: .''. .- BUDGET-GRADE CROSSINGS: TEe City Manager submitted final bills from the Virginia Department of .Highways for the city*s portiono~ the cost of constructing Hunter Memorial Bridge.totaling'$81,q26.97,.which he advised will require an appropriation to provide for their payment, the City Manager advising further .that there are certain items of transfer and exchange between the Norfolk and Western Railway Company and the City of Roanohe still pending, and,recommended that $81o926.97 be appropriated in the 1957 budget toprovide for the payment of the bills presented by the Virginia Department of Highways. .. Mr. ~lllard moved~to concur in the recommendation of the City Manager and offered the following emergency Ordinance: · 426 (813261) AN ORDINANCE to amend und reordnln Section z142, 'Trnnsfer to Improvement Fundm, of the 1957 Appropriation Ordinance, sad providing for un emergen~ye (For full text of Ordinance, see Ordinance Boob No, 22, Page 572,) Mr. Dillard moved the adoption of the Ordinance. The motion mas seconded by Wt. Wheeler and adopted by the folloming vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President. Mr. Young ............... NAYS: None ................. O. (Mr. West absent) DEPARTMENT OF PUBLIC RELFARK: Council at its meeting of December 16, 1957, having referred to the City manager for investigation and report a complaint from Mrs. Ora Neal Johnson that she has been unable to secure assistance from the Department of Public Welfare, the City Manager submitted his report, advising that he has had the nntter thoroughly investigated and has been advised by the City Physician that NFS. Johnson in his opinion is not permanently and totally disabled fQr employment, also. that he has been advised by the Director of Public Welfare that Rrs. Johnson does not meet tho requirements for Aid to Permanently and Totally Disabled and, consequently, is not entitled to assistance as requested, the City Manager advising further that arrangements are being made for Mrs. Johnson to appear before the State Department of Public #elfare Reviem Team for a reriem of case at the state level. Mr. Webber moved to file the report. The motion was seconded by Mr. Wheelel and adopted. POLICE DEPARTMENT: The City Manage~ reported that Police Officer J. R. King who was injured in line of duty on October 6, 1957, is still unable to return to his duties and mill be so for an indefinite period of time. and that authority for the payment of the salary of Mr. King under Resolution No. 13243 mill expire at the iend of Februar! 3, 1950. the City Manager recommending that authority be granted to extend the salary of Rt. King for an additional sixty day period. Mr. Wheeler moved to concur in the recommendation of the City Mamager and offered the following ~esolution: (~13282) A RESOLUTION authorizing and directing that Joseph B. King, a member of the Police Department. mbo is unable to .perform his regular duties by reason of personal injury received in line of duty, be paid his regular salary for a period c~ sixty days beginning February 4, 1958. (For full text of Resolution, see Resolution Book No. 22, Page 372°) Mr. Wheeler moved the adoption of the Resolution. The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Pickett, Webber. Wheeler, and the President. Mr. Young .......................... 5. NAYS: Mr. Dillard .......... 1. (Mr. West absent) REPORTS OF COMMITTEES: TUBERCULOSIS SANATORIUM-CITY HOME: A committee consisting of Rr. ~lan Decher, Chairman, Mrs. gary C. Pichett, Mrs. R. Stanley Bailey, Mr. Albert Jo Lobb and Mr. Robert W. Woody, created by Resolution No. 13123, adopted on July 8, 1957, i for the purpose and cannot be altered or added to without undue cost. the committee, therefore, concluding that the operation should be moved to the former Tuberculosis SanatoFluB located at Coiner Springs. the committee advising further that it will submit a detailed and final report at a later date, Dr. C, M. Cornell appeared before Council and suggested that the committee consider use of the Coyner Springs property as a hospital for chronically 111 and aged persons mhlch Is becoming an ever increasing need in the community. Dr. Cornell was advised to transmit his suggestions to the committee studyln the matter. The report of the committee was ordered filed. . UNFINISHED BUSINESS: HOSES: Council at its meeting of December 30, 1957, having requested Mr, Joseph W. Hazlegrove to submit a list of locations at which he proposes to place benches if awarded a franchise for maintaining benches with advertisements thereon at certain bus stops within the City of Roanoke, Mr. Hazle§rove subnitted.a tentati list of IT9 locations, advising that he will submit an additional list in the near, future to he approved by the City Manager if Council grants his request. Mr. Hazlegrove in his appearancehefoFe Council stated that he is very anxioas toreceive a franchise from the city.for the project and hopes that the body will take action upon his request. - ~r. Dillard moved to hold a public hearing on the question of awarding the franchise, There being no second, the motion was lost. : Nr. Haalegrove was then advised that Council can grant his request only for a period of less than two years rather than the ten requested unless the franchise is publicly'advertised for bids. ~ Mro;Hazlegrove informed Council that.in viem of the large amount of capital involved~ln the construction of.the benches inqnestion he would like for Council to publicly advertise the franchise on a ten year basis since it would be difficult for him to liquidate the capttal'cost*over.a periodof two years or less., Mr. Webber moved to table the matter until the meeting of February 3, 1950. The motion was seconded by Mrs, Pichett and adopted~ · HOUSING-STREeTS AND ALLEYS: Council at its meeting of-January 13,.1950, having tabled until its next regularneeting s recommendation of the City Planning Commission for therelocation of:aportion'of Willtnnson Road in the Commonwealth Redevelopment Project, the matter was again before the body. . ' .... The City Manager advised that.he bad;presentthe City Engineer and the Superintendent of Communications and,Signals for a discussion of the matter and that he recommends the relocation, of the portion of Wllliamson Road as recommended by the City Planning Commission~ but does not recommend,the closing of Courtland Road as shown on the plan submitted. 427 428 Mr. R. Cletus Rroyles, City Engineer, advised Council that the plan for relocating Wllliamson Road mas initiated by him rot the reason that truffle surveys end the projection or the traffic load for future years indicate that un lntolerabl! truf$1c, condition will exist at the intersection of Rllllcmson Road and Coortlcnd Road within a few years if constructed on the basis of the original plan and that the new plan is designed to eliminate an aa# curve in Mllliamson Road immediately south of Orange Avenue, Mr. Broyles stating that in his opinion unless Courtland Road is closed it would be impractical to provide for the flow of traffic south on Coartland Road into Mllliauson Road at their intersection under either the old or 'mom plan, that if the change in plan ia approved the total cost approximating $1d,O00.O0 mill have to be borne one hundred per cent by the city since the City of ~oanoke Rederelopment and Rousing Authority has no funds therefor, but that in his opinion there will be co additional right-of-may cost. Xn the discussion, Mr. J. D. Sink, Superintendent of Communications and Signals, advised that the present traffic load at the intersection of Nilliamson Road and Orange Avenue is forty thousand vehicles per day and at the peak load four thousand vehicles per hour use the intersection, Mr. Sink stating that. it would be impractical to try to handle traffic by signals at the intersection of Conrtland Road and Nllliamson Road under either the old or the new plan. Mr. Webber moved to direct the City Manager to discuss with the City of Roanoke Redevelopment and Rousing Authority the question of relocating the portion of Williamson Road, shomc on Plan A as submitted, to determine whether or not the Housing Authority approves the relocation and whether or not it will dedicate the necessary right-of-way required therefor, but that the question of closing Courtland Road not be included in the above matter, the. said question to be treated as a separate matter. The motion was seconded by Hr. Dillard and adopted, the. President Mr. Young. voting no. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: LICENSE TAX CODE: Ordinance No. 13280, amending and reordatning Section 05, *Merchants, wholesale*. of Chapter 8, of Title VI, Of The Code of thc City of Roanoke. Virginia. 1956, having previously been before Council for its first readin read and laid over, was again before the body. Mr. Wheeler offering the following for its second reading and final adoption: (n132DO) AR ORDINANCE to amend and reordcin Section 96, of Chapter R. Of title VI. of The Code of the City of Roanoke, Virginia. 1956. (For full text of Ordinance, see Ordinance Boob Ho/ 22. Page 370.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Decker and adopted by the folloming vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President. Mr. Young .... ~ .......... 6. NAYS: None ................. O. (Mr. Nest absent) ARMORY: Council at its meeting of January 13, 1950. having directed the preparation of a Resolution providing for leasing to Mr..Pete Apostolou the National Guard Armory Auditorium for the remaining unallocated Friday nights In January and February, and all of the Friday nights in March, April and Ray, 1959, for use in connection mith wrestling matches, ut *a'rate of $?$,00 per eight, to include the use of a portion of the east stand toilet facilities, provided that Mr, Ap*st*lan will pa~ the cost of making the necessary alterations as recomaended by the City Manager, the foil*Ming Resolution uss presented: WA RESOLUTION acquiescing in the City Msnager*s proposal to rent the Nationnl Guard Armory for professional wrestling rot all available Friday evenings during the months .of January through May, 1958. MRERRAS, Section O. Miscellaneous Events, of Article I. 'Rental Charges for the Use of the National Guard Armory*, reads as follows: 'Rental charges for uses of the National Guard Armory not provided for in this Article shall be fixed by the City Manager**; and MHEREAS, the aforesaid Article does not fix a rental charge for professional mrestllng; and MREREAS, Pete Ap*st*lan has proposed to rent the National Guard Armory for professional wrestling for each available Friday evening during the months of January through May. 1959, mhich proposal the City Manager is inclined to accept pursuant to the authorization granted him in the section above-quoted, but because of the relatively large number of evenings involved prefers to receive Council*s acquiescence before doing so. which acquiescence this Council is inclined to grant. THEREFORE, BE XT RESOLVED by the Council of the City of Roanoke that, should the City Manager be disposed to accept Pete Apostolou*s proposal to rent tbe National Guard Armory, for professional wrestling, for each available Friday evening during the months of January throngh May, 19§8o pursuant to the authori- zation contained in Section 8, of Article I, of Ordinance No. 12945. adopted on the 26th day of December, 19S6, this Council doth hereby acquiesce in such decision.* Mr. Webber'pointed out that rental of the National Guard Armory Auditorium for professional wrestling at $75.00 per night in considerably less than the charoe~ for professional basketball, college basketball and high school basketball, as well an dances and other activities in the Armory. as contained in Ordinance No. 12945. and that he feels either the charge for professional wrestling should be increased or the eotire schedule'of fees revised, in order that all users be treated fairly, Mr. Webber moving to table the matter for two weeks and to instruct the City Manager to present a recommended revised schedule of rates for use of the National Guard Armory Auditorium. during which time the City Manager can rent the auditorium for wrestling purposes under authority granted in the Ordinance. Thc mot~on was sec*nde by Mr. Nheeler and adopted, Mr. Dillard voting'no. AXRPORT: Council at its meeting of January 13. 1959. ha~ing directed the preparatisn'ofan Ordinance providing for an amendmentS* Ordinance No* 12953, covering automobiles-for-hire at theiR*an.he Municipal Airport, Mr; Webber offered the following emergency Ordinance: (a15203) AN ORDINANCE to amend Ordinance No. 12953, adopted by the Council of the City of Roanoke on the 31st day Of December, 1956; and providing for an (For'full text of Ordinance, see Ordinance Book No, 22; Page'3?3.) Mr. Andrew S. Coxe. Attorney for the Greyhound *ns Company, appeared and stated that his client is in general agreement with the Ordinance as presented, but that antomsbile-for-hire agencies charge in addition to the rentals for the auto- mobiles a premium of $1.00 per day, covering a $100.00 deductible amount in - insurance furnished on their equip~ent~'mhich he feels nh*aid be excluded from 429 43O gross revenue before applicatio~ of the ten per cent charge. ar, Rinhqrd F, Pence, Attorney for the Hertz D-Drive-It Company end the Avis Rent-ADOhr Company, appeared end offered the sase objection for his clients, Mr. Pence also requesting that the ten per cent charge be reduced la order to give his clients a period of a 7ear or two to determine whether or not the7 cnn operate at a profit under such · charge. Hr. Webber moved the adoption of the Ordinance. The sotf~n was seconded Mr. Wheeler and adopted bi the following vote: AYES: Council members Decker. Dillard, Pickett, Webber, Hheeler. and the President, Hr. Young ............... NAYS: None ................. O. (Mr. West absent) LEGISLATION-SCHOOLS: Council at Its meeting of January 13, 1958. having directed the preparation of a Resolution, advising the General Assembll of Virginia that Council Is in favor of the establishment of a technical institute in the of Roanoke to be operated by the State Hoard of Education through the Virginia Polytechnic Institute; stating Council's willingness to support the said technical Institute within its ability; and directing the Mayor of the City of Roanoke to appear before the proper committee of the General Assembly to present the views of Council in this matter, Hr. Decker offered th:e following Resol{ti~n: (z13284) 'A RES'0LH~ION informing the General Assembl! ~f Virginia' that this Council favors the establishment of a technical in:stitut'e in the Cit! of Roanoke to be operated by the State Depa'rtment of 'E'ducatlon' through the Virginia Polytechnic Institute; stating this Counciles willingness tofoster and support such a technical institute within its ability; and directing the H~yor or Vice-Hayer to appear before the Council on Higher Education for the State of Virginia, and any committee of the General Assembly considering the same. and present the views of Council in the premises. (For full text of Resolution. see Resolution Hook No. 22, Page 374.) Mr. Decker moved the adoption of the Resolution. The notion was seconded by Hr. Hheeler and adopted bI the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President. Mr. loung---~ ........... NAYS: None ................. O. (Mr. West absent) BUDGET: Council having in numerous informal sessions made a :thorough study of the 1958 ~udget as presented by.the City Ranager with revenue estimated at $12.764,790.00 and expenditures estimated at $13,275,921.D5, and it appearing that there will be an excess of $1.000,000.00 unexpendcd balance remaining in the Genera Fund as of December 31, 1957, thus providing ample funds to cover the appropriations being made, Hr. Hheoler offered the following emergency Ordinance: (~13285) AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning January 1, lqSG, and ending December 31. 1956; and providing for an emergency. (For full text of Ordinance, see Ordinance Hoer No. 22, Page 374.) Hr. Dillard moved to strike from tho proposed budget an appropriation of $6,000.00 for an Administrative Assistant to the City Manager. The motion was lost for want of a second. Nr. Dillard then moved to nmendthe proposed budget by. adding thereto n · five per cent salary increase to the supplements paid by the City of Roanoke to the Judges of the three Courts of Record. ~Yhe motion was lost for want of u second, Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Decker end adopted by the following vote: AYES: Council members Decker, Dillard,.Pickett, Webber, Wheeler, and. the President, Mr. Young ............... 6. . NAYS: None ................. O. (Mr. West absent) BUDGET-WATER DEPARTRI~Y: MF. Wheeler offered the following emergency. Ordinance making appropriations for the ~ater Department: (u13286) AN ORDINANCE making appropriations from, the ~ater General Fund and the ~ater Replacement Deserve Fund for the City of Doanohe for the fiscal year beginning January 1. 19SO, and ending December 31, 1950; and providing for an emergency. (For full text of Ordinance. see Ordinance. Rook No. 22, Page Mr. Wheeler moved the adoption of the Ordinance. The motion was. seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, ~heeler, and the President, Mr. Young ............... 6°. ~ . NAYS: None ..........~ ..... O. (Dr. West absent) BUDGET-SEWAGE DISPOSAL: Mr. Wheeler offered the following emergency Ordinance making appropriations from the Sewage Treatment Fund: : (a132§7) AN ORDINANCE making appropriations from the Sewage Treatment General Fund and~tbe Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1958, and ending December ~1, 1950 and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by?r. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, ~heeler, and the President, Mr. Young-T ............. NAYS: None ................. O. (Mr. West absent) JOB CLASSIFICATION: Council during its budget study sessions having consid- ered the report previously submitted by the Job Classification Committee, Mr. Webber offered the following emergency Ordinance: (a13290) AN ORDINANCE adopting a Revised Salary and ~age Plan; repealing Resolutions NOS. 12812, 12042, 12885, 12920, 12957, 12961, 13021 and 13155 hereto- fore adopted; and providing for an emergency. (For full texL of Ordinance, see Ordinance Book No. 22, Page Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Hr. Rheeler and adopted by the following vote: AYES: Council members Decker, Pickett, ~ebber, Wheeler, and the President, Mr. Young .......................... 5. NAYS: Mr. Dillard .......... 1. (Mr. West absent) 432 Dillard offered a notion to provide tkct no employee shall receive less take-home pay under the Salary and liege Plan than he received from the city in 1957. There being .to ascend, the metlon was ~oat. The City Manager stated thpt in applying the new Salary and Wage Plan the salaries of the following npmed persons should be set in the management pontrol rates as indicated and recommended that Council approve same: Miss Eddie McCptcheot $4,020,00; Ur.' James. N. rincanon, $T,560.O0; Hr. ~illfan F. Griggs, $6.630.00; Nfs. Rose N. Moore. $3,7R0.00; Mrs. Hebel Heard Morris, $3,450.00; Hrs. Annie D. Shelor, $3,450.00; Mrs. Virene Eldridge Hayden, $3,090.00; Miss Nellie Stone Baldwin, $3,1~0.00; Mr. Frank T. Nray, $3,100.00; and Hr. Lee Huff, $2,460.00. Mr. Jabber moved to conc.r in the reconnendation or the City Manager. The motion was seconded by Mrs. Pickett and adopted. The City Hanager also advised that It Is possible that some of the employees whose salaries are In the management control rates will need adjustment to place them on standard steps or half-steps and requested authority to ~ake those adjustments in appl7ing ~he plan. Mr. ~ebber moved to. authorize the City Hanager to nnke necessary, adjustment: to the next higher standard rate by advnncement of salaries of individuals to. the next higher half or full rate within the management control rates in setting up the new Salary and ~age Plan. The motion mas secoAded by Mr. ~heeler and. adopted. There being no further business.. CouncJl adjourned. A PPR O~ ED. rreslde~t' / COUNCIL. REGULAR,MEE~fINC, Monday. January 27, 1950. A quorum failin9 to appear, the meeting was adjourned. APPROVED President,. COUNCIL, REGULAR MEETING, Monday, February 3, 1956. The Council of the City of Rsnuoke met'in regular meeting in the Council chamber i~ the Municipal Building, Monday, February the regular meeting hour, mitb the President, Mr. Young~ presiding. PRESENT: Councii'me~bers Decker, Dillard, Mebber, Wheeler, and the President, M~. Young ....................... ~ ......... 5. ABSENT: Council members Pickett and West ..... OFFICERS PRESENT: 'Mr. Arthur S. Omens, City Manager, Mr. Randolph G. Whittle, City Attorney. Mr. Barry Ri Yates, City Auditor, and Mr. J. Robert Thomas city ~le~k.' INVOCATION: The meeting mas opened with a prayer by Ur. A. L. James, Past* First Baptist Church ~Ne~ro). MINUTES: Copy of the minutes of the regular me,tin9 held on Monday, January 20, 195B, havl~g been furnished each member of Council, on motion of Mr.* Rheeler, seconded by Mr. Decker and adopted, the reading was dispensed m~th and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: DEPARTMENT OF PUBLIC WElFArE: Mrs. Ora Neal Johnson appeared before Council and sta~ed that she has been unable to obtain any relief from the D~partment of Public ~el~are, that the'only advice she has received from the Welfare Department in connection with her case'is a copy- of a request made by the departmen~ to the State Department Of Welfare and Institutions for a bearing in her case hefore'a State Review Team and that to her knowledge no date has been set for the said hearing. The City Manager advised Council that ~e requested the review ~hich mas tantamount to an appeal from the local Welfare Department and that insofar as the city is concerned it has no further jurisdiction in the matter, the City'ga~ager stating however that he mill ~ttempt to do anything he can to assist. Mr. Webber moved to direct the City Manager to contact the State Department of Welfare and Institutions in an effort to expedite the hearing in Mrs. Johnson*s case and to advise Mrs. Johnson of the results. 'The motion was seconded by Mr. Wheeler and adopted. PETITIONS AND COMMUNICATIONS:' ZONING: The City Clerk presented a communication from Felix A. and Elizabeth K. Ob*achaia, requesting that their property located at ~634 Shenandoah Avenue, N. W., designated as Lots 3, S and 6, Reserve No. 3, Westwood, be fez*ned from Oeneral Residence District to Business District. 'Mr. Mheeler moved to refer the matter to the City Planning Commi;sion for study and recommendation. The motion was seconded by Mr. Decker and adopted. TRAFFIC: The City Clerk presented a Resolution of the Roanoke ~al~ey 'Citizens Traffic Safety Council, commending and expressing its appreciation of the action of Council for tb~ establishment of a ~raffic Violations Bureau in the Municipal Court. The Resolution mas ordered filed. 434 BOARD OF ZONIH6 APPEALS: The City Clerk presented u communication from the Board of Zoning Appeals. transmitting its Annual Report for 1957. The report wes ordered flied. ZONI~$: The City Clerk presented n communication from Mr. James M, Turner, requesting that Lot 1, Block 41, Crystal Spring Lnnd Company, located on the north- east corner of Carolina Avenue and Bc¢lannhan Street, S. M., be renoned from Special Residence Oistrict to Business District. Hr. Dillard moved to refer the matter to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. REPORTS OF OFFICERS: DONATIONS-STREETS AND ALLEYS: The City Manager reported that £ytchen has offered to convey to the City of Roanohe a strip of lend ten feet wide by 426.735 feet in length on the east side of Cove Road, N. W.. from Florida Avenue to Lafayette Boulevard. for street widening purposes, at a nominal consideration of SI.OB. the City Manager recommending acceptance of the offer. Hr. Wheeler moved to concur in the recommendation of the City #hunger and offered the folloming emergency Ordinance: (u13209) AN ORDINANCE authorizing the acquisition of a strip of land on the east side of Core Road between Florida Avenue, N. W.. and Andrews Road. N. W., containing 9145.5 square feet. more or less; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 22. Page 410.) Wv. Wheeler ~oved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Webber, Wheeler, and the President. ar. Young .......................... NAYS: None ................. O. (Council members Pickett and West absent.) SALE OF PROPERTY: The City Manager reported that he has received an offer from Mr. C. F. £efauver to purchase from t~e city Lots I and 4, Block 30. West End iLand Company, and Lot 17. Block 14. Rugby, for $1,750.00; that these lots were acquired by the city under tax foreclosure sales as follows: Lot 1. Block 30. West iEnd and Eiverview, November 1o 1952, for $300.00; Lot 4. Block 30. West End and Riverview, June 27, 1949, for $275.00; and Lot 17. Block 14. Rugby Land Company. October 10. 1949. for $150.00, the appraised value of the lots for tax purposes being as folloms, respectively: $389.00. $309.00 and $125.00; that he, the City Attorney and the City Auditor have examined these lots, the City Manager recommend- ing that the offer be accepted, with the reservation of a ten-foot easement on the south side of Lot 17, Block 14. Rugby Land Company, for a sewer running through the said lot. Mr. Webber pointed out that the two lots located in Block 30, West End Land Company, are in a block zoned for light industry lying on the south side of Rorer Avenue, S. W., between Twentieth Street and Twenty-first Street, and should bring a better price, and moved to refer the matter to the committee consisting of Messrs. Arthur S. Owens, Chairman, Randolph O. Whittle and Harry R. Yates for renegotiation of the price offered therefor and report to Council. The motion was seconded by Mr. Wheeler and adopted. msmmm PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that he has been'unable to secure n tre~t of land lying along the south side'of Roanoke River, nest of Franklin Road, from the H, H. Carter Lumber Compnny rot the'price of $1.530.00, as authorized In Ordinance No. 1322H, adopted on the 4th day of November, 1957. the company ashing a price of approximately $1,500.00 more than the offer for the property, and that Mr. John R. Eennetto Jr** Attorney for the Carter Lumber Compnny, has requested permission to appear before Council to express the company*s views In the matter, the City. Manager requesting that the body hear Mr. [ennett at its meeting of February 10, lgSO. The City Manager was instructed to have Mr. ~ennet~ appear before Council at its regular meeting of February 10, 1950, at which time he will be heard in the matter. CITY JAIL: The City Manager reported that in compliance with the direction of Council at its meetlng of December-9. 1957, he has consulted mith various architectural firms in the citywith reference to securing the cost of a survey for the possible extension of the existing City Jail atop the Municipal Building and has been advised by the fires that their code Of ethics forbids them from competing with each other on the basis of professional charges and otherwise, the City Manager stating that obviously it will be necessary to select an architect'to perform the survey and to agree on the cost thereof with said architect. Mr. Webber moved to refer the matter to a committee consisting of Messrs. Walter L. Young, Chairman, Arthur S. Owens and I1. Cleans Broyles to select an architect to perform the necessary survey, establish a fee to be paid*therefor and submit to Council for its approval a Resolution employing the said architect. The motion mas seconded byMr. Dillard and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of'January 13, 1959, having directed the City Manager to ascertain the cost of widening the radius to twent~-siX feet at the southwest and northeast corners of Bullitt Avenue and Jefferson Street, as recommended by the Blty Planning Commission, the City Manager reported that after a study of the m~tter it is estimated that to comply with.the.recommendation-of the City Planning Commission willcost $5,490.?0 for the southwest corner of Bnllitt Avenue and Jefferson Street, laud acquisition amounting to $4,661.?0 of the total cost, and $4,426.30 for the northeast cornerof Bullitt Avenue and Jefferson Street, land a~qnisJtion amounting to $3.760;00 of-the total cost, these costs-excluding the installation of traffic signals at the*corner, whicl installation was providedfor in the 1959 budget. Mr. Webber moved tofilethe report. The motion was'seconded-by Mr. Btllar( andadoptedo TRAFFIC-GRADE CROSSINGS-STREETS AND ALLEYS: The City Manager presented a communication from the-Virginia Uepartment of Highways with reference to a'pfoposed Federal Aid Urban Project to provldeforthe constructional a highway connecting U. S. Route 220 from Bunter Memorial Bridge at Salem Avenue to Franklin Road Bridge at Maple Avende;.S, W;.'proposlnga schedaleof construction'for the first stage of the projectto extend fromth~-southern end of Hunter Memorial Bridge toMountain Avenne. S~,W.,-ln the anountof $2,662,000.O0.'twenty=five per cent to be paid by z135 436 the City of Roanoke, estimated to b~ expended during the next five 7ears as folloms 1958. $300,000.00; 1959, $600,000.00; 1960, $630.000.005 1961, $600,000.00~ tad 196: $S2d,000.00, and advising that It is no~ l~ need of n formal request from Council tc initiate this first stage with the Bureau of Public Roads, the City Manager stating that he recommends no action at this time since he expects to submit.in the next week or so the results of ~uvveys he ls.conduot~ng at the request of Council concert lng the project. The communication mos ordered filed. ARHORY: Council at its meeting ?f January 20. 1950, having directed the City Ranager to recommend a reviled schedule of rates for use of the Auditorium in the National 6nard Armory. the City Hanager submitted his report, recommending that the schedule of rates be revised as follows: for Professional Basketball ga~es. $?5.00 or 10~ of the gross receipts after deduction of admlssions~taxes, whichever is greater; for College Basketball games. $50.00 or 10~ of the gross receipts after deduction of admissions taxes, whichever is greater; for ~igh School Baksetball games. $35.00 or 10~ of the gross receipts after deduction of admissions taxes. whichever is greater; for Dances. $75.00 or 10~ of the 9ross receipts after deduc- tion of admissions taxes, whichever is greater; for Dog. Home and Similar Shcms, $75.00 cf 10~ of the gross receipts after deduction of admissions taxes, whichever is greater;.for #res*ling and Boxing, $?S.00 OF 10~ of the grOSS receipts after deduction of admissions taxes, whichever is greater; Miscellaneous Event~ not covered in this schedule at rates ~o be fixed by the City Hanager; and cle~o up charges for Practice Sessions. Admission-Free Events. etc.. to be set by the City Ranage~, the City Haoager advising that in his opinion this would establish a fair schedule of rates and encourage the use of the Auditorium, recommending their adoption. : Hr. ~heeler moved to direct the City Attorney to prepare the proper Ordinance providing for the rates as recommended by the City Hanager. The motion was seconded by Hr. Decker and adopted. APPOINT~ENTS-~0LICE DEPARTMENT: The City Hanager reported the appointment Norman R. Vadon as n Police Officer in the Police Departuent, effective February 1, The report gas ordered filed. PURCHASE OF PROPERTY-STREETS A~B ALLEYS: Council at its meeting of January l~havtng referred to the City Hanager a recommendation of the City Planning Commission for the relocation and ~ldening of Rhitestde Street, N. E.. with the direction that he submit to Council an estimated cost for the acquisitto~ of necessary laud and construction required under the plan, the City Hauag~r submitte~ a report in which he estimated the cost of acquiring five parcels of land ut i?,$92.S0 and the cost of required construction ut $8.400.00, the City Hanager advising that in his opinion it would be wise to acquire the land in question befor~ it is co.mi*ted to other uses. Hfs ~heeler moved to direct the City Ranager to negot~ut? with the property omners concerned, attempt to arrive at a firm price for the lsnd and sub.it his report and recommendation to Council. The motion ~as seconded by ~ro ~ec~er and adopted. PARES AND PLAYGROUNDS: The City Manager reported that the surrey.of Dutch Elm Disease in the city, aa authorized by Council ut its meeting of September 3,* 1957, has been completed and is on file in his office, and that he ham:taken the necessary action for the control of the Dutch Elm Disease in the city 85 indicated by the report, Including the removal of thirty*eight trees, : Mr, Dillard moved to file the report, The motion mos seconded by Mr, Mheeler and adopted. : BUDGET-CLERK OF COURTS: The City Manager reported that ia co~sequence of a call for bids issued by the Purchasing Agent one bid was received from The Haloid Company Of Mashlngton, D. Co, for furnishing photographic equipment for the office of the Clerk of Courts to replace the equipment now in use for recording.deeds and other instruments, in the amount of $6,350,00 net, F, O, U, shipping point, and recommended acceptance of the bid. Mr. Dillard moved to concur in the recommendation of the City Manager and offered the follomlng emergency Ordinance: (~13290) AN ORDINANCE accepting the proposal of The Haloid Company, Washington, D, C,, for furnishing the City of Roanoke photographic equipment in the amount of $6,350.00 net, F, O. U. shipping point; authorizing and directing the Purchasing Agent to purchase the equipment in accordance with said proposal; and providing for an emergency. (For full text of Ordinance, see Ordinance Cook No. 22, Page 412.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Mebber, Wheeler, and the President, Mr. Young .......................... 5. NAYS: None ................. O. (Council members Pickett and West absent.) REPORTS 0£ COMMXTTEES: SENAGE DISPOSAL: Council at its meeting of November 4, 1957, having referre to a committee composed of.Messrs. Roy L. Webber, Chairman, Walter L. Young, Arthur S. Owens and Randolph O, Mhittle for study and recommendation a request of the County of Roanohe~that it be permitted to connectthe Southview School located on Peters. Creek Road west of the Roanoke Municipal Airport to the clty*s sewer system at the Ferocliff Avenue pumping station, the committee submitted its report. recommendingthat permission be granted substantially as requested under.certain terms and conditions enumerated in a Resolution prepared by the said committee. Mr. Webber moved to concur in the report of the committee and-offered the following:Resolution: (t13291) A RESOLUTION.substantially approving the request of the Board of Supervisors of Roanoke County, Virginia, made at its regular meeting of October 21, 1957, that the City of ~oenoke permit the County School Board to connect a proposed sanitary sewer line from tbe Southview School to:the Roanoke City*s sewage system atthe Ferncllff Avenuepomping station,near the Uershberger Road upon certain terms and~cooditions. ~ (For=fulltext of Resolution, see Resolution Book No. 22,-Page 412.) '437 438 · - Hr. Webber moved the adoption of the Resolution. The'motion mas seconded Mr. Wheeler end adopted by the following vote: AYES: Coma:Il members.Decker. Dillard, Webber. Wbeeler.'ond the President° RF. Young .......................... 5. HAYS: None ...... ~ .......... Oo (Council members Pickett nad West absent) UNFINISHED BUSINESS: '' BUSES: Council at its meeting of January 20, lgSO. having tabled for two weehs the request o! mr.'Joseph W. Uazlegrore for a franchise'to place'benches with advertising thereon at various bus stops and other suitable places within the city, the matter was again before the body. Br. Bazlegrove appeared before Council. stating that he would be unable to operate such a business on o franchise of two years or less because of the amount of capital involved in manufacturing and placing the benches at the proposed locations, and requested that Council advertise for bids for the franchise covering a ten yoar period, Mr. Uazlegrove advising that his original request contemplated that the actual location of the benches would be subject to the approval of the cat Manager, and that in addition, the structureand style of the benches.would also be subject tothe approval Of the City Manager. . Mr. Decher moved to direct the City Clerk to advertise for bids for the franchise as requested by Mr. Hazlegrove, after such advertisement has been prepare( by a committee composed 9f Messrs. Arthur S. Owens. Randolph G. Mhittle and J. Robert Thomas. The motion qms seconded by Mr. Nheeler and adopted. Mr. Dillard voting no. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION A~D CONSIDERATION OF ORDINANCES A~D RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: : HEALTH DEPARTMENT: The City Clerk reported that Messrs. G. Frank Clement an: Thomas P. Parsley have'qualified as members of the Housing and Hygiene Board for year terns each. beginning February 1, 1950, and That Dr. Grady P. Gregory heretofol elected-as a member of the said Board for a two year term beginning February 1. 195g, has advised that he will not qualify in such capacity and has requested that !someone else be elected in his stead; whereupon, theMayor called for nominations. Mr. Dillard placed in nomination the name of Dr. U. W. Massie. Mr. Nheeler moved to close the nominations. The motion was seconded by Mr. Mebbqr. Dr. U.,N. Mnssie was elected as a member of the Uousing and Hygiene Board for a term of two years beginning February l. 1958. by the following vote: AYES: Council members Decker, Dillard, Webber, Nheeler, and the President, Mr. Young .......................... NAYS: None ................. O. (Council members Pickett and Nest absent) HOUSING-STREETS Arid ALLEYS: The City Manager reported that he has been in consultation with the City of Roanoke Redevelopment and Uousing Authority eoncernln, the proposal of the City Planning Commission for relocation of.a portion of William- son Road.lathe Commonqealth Redevelopment Project, as directed by Council at its meeting of January 20, lqSO. and presented a communication from the City of Roanoke Redevelopment and Housing Authority, advising that the proposed relocatlo· of llltiawson Hood would constitute · major revision in the redevelopment pla· and tha~ the Housing Authority bas been advised by the Philadelphia office of the Housing an( Home Finance Agency that such a change would require a complete resubmission of all · maps and documents in relation to the entire project, which would mean a delay or six month4 or more In the completion of the program, in consequence of mhich the ' Authority would be liable for damages to the contractor for cessation of work on th~ *ortion of Mllliamson Road in question, the.Authority advising that it has gone ove~ a revised plan as prepared by the City Engineer in which it concurs,.the cost of which will amount to $17,411.g8 If sldemalks.are constructed on each side of Williamson Road, or $7,6~0.39 if sidewalks are eliminated on the west side of Milliamsoa Road from Third Street to Orange Avenue and on the east side of Williams* Road (roq Rutherford Avenue to Orange Avenue, the City Manager also submitting the revised plan as prepared by the Engineering Department, recommending that it be 'approved by ~ooncil with the sidewalks constructed on both sides of Mllliam$oo Road throughout the project and further recommending that an appropriation of $1H,000.O0 be made to the Street Construction Contractors Account to cover the cost thereof. Mr. Richard L. Deck, Executive Director of.the City of Roanoke Redevelopment and Housing Authority, advised Council that while it will be necessary for the city to pay the entire $10,000.00 cost, the Authority will include that amount in the final cost figures submitted to the Housing and Hone Finance Agency when the final proJec~ report is transmitted to them, and if approved, the amount can be included in the cost of the project as a credit to the city. Mr. Hebber moved to direct the City Attorney to prepare a Resolution approv- ing the plan as recommended by the City Manager and an Ordinance appropriating $18,000.00 to cover the cost thereof loc submission to Council at its next regular meeting. The motion was seconded by Mr. Dillard and adopted. There being no further business, Council adjourned. APPROVED 439 44O COUNCIL, REGULAR MEETING, Monday, Febraary 10, 1950. The Council of the city of Roanoke net in regular meeting Jn the Council Chamber in the Municipal Building, Monday, February 10, 1958, at 2:00 o'clock, p. m.o the regular meeting hoar, with the President, Mr. Young, presiding. PRESENT: Coancil members Decker, Dillard, Pickett. Mebber, Nheeler, and the Presideet, Mr. Young .................. ABSENT: Mr. Mess .............. OFFICERS PR£SENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittl~ City Attorney, Mr. Harry R. Yates. City Auditor. and Mr..J. Robert Thomas. City Clerk. INVOCATIOn: The meeting was opened with a prayer by the Reverend J. Stockman, Pastor, St. Mnrk*s Lutheran Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. February 3, 1950, having been furnished each member of Council. upon motion of Mr. Nheeler, seconded by Mr. Decker and adopted, the reading was dispensed with and the miaates approved aa recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS-STREETS AND ALLEYS: Council at its meeting of February 3, 1950, having tabled until its next regular meeting a report Of the City Manager. advising that he has made a firm offer of $1,530.00 for the purchase from the N. R. Carter Lumber Company of a strip of land along the south side of Roanoke River, west of Franklin Road, needed for a roadway, and that said company has made a counter offer to sell the city the property in queation for $3,000.00, and that Ur. John Ho Kennett. Jr., Attorney for the company, has. requested permission to appear before Council to give the compnny*s views ia the matter, Mr. £ennett appeared before the body, advising that the company's original offer to sell the city the land in question was for $5.000.00. that it has already agreed to compromise at $3.000.00. that the property the city desires amounts to approximately one acre in area and is approximately one-fifth of the acreage owned by the company, that based upon a recent offer to purchase the entire tract its value is in excess of $100.000.00. Mr. Kennett further stated that while the approximately one acre required by the city is located along a river bank and the city holds an easement throughout the length of the tract in which is constructed a 40-inch sewer line. both of which Factors would reduce its value as a separate piece of property in relation to the entire tract, his client feels that the valuation of $1,530.00 placed thereon by the city is extremely low, particularly in view of the fact that the company has plans for the development of the property which call for use of the site required by the city as a parhiag area, that his client is willing to donate the land in queation to the city if the company can have unrestricted ingress and egress over the roadway to be built thereon, but that since the roadway and its right of way along tho river are designated as a park area and heavy commercial vehicles will be )rice therefor, which, lo Its opinion, amounts.to.S3,000,00. Hr. Wheeler moved to refer the matter back to tho City Manager rot renego- tlation with the O. H. Carter Lumber Company in an attempt to work out a.snitable compromise and report his recommendations thereon. The motion mas seconded by Mr. Decker and adopted. TAXES: Mrs. Harry E. Dixon and a committee from the Thursday Homing Music Club appeared before Council and requested that the club be exempted from payment 'of the cities admissions tax on its concert series conducted in the city, Mrs. Dixon staking that the recent destruction of the American Legion Auditorium by fire left no place in the city for conducting the concert series where the seating capacity mas large enough for the club to break even on its concerts, that the present, season's concert series which-mill end.in March has a.proJected deficit of some $350.00 and that the amount of tax to be paid the city on the admissions thereto is estimated at approximately $450.00, which means the difference between a slight profit and a deficit. Mr. Webber moved to direot the City Attorney to prepare an Ordinance repealing the city*s admissions taxi effective June 1. 1950. ;The motion was seconded by Mr. Dillard and adopted. PETITIONS AND COMMUNICATIONS: POLICE DEPARTMENT-CITY JAIL: The City Clerk presented reports from the State Department of Welfare and Institutions of inspections made by the department of the Police Lookup and the City Jail on January 21, 1958. The reports were ordered filed. MUNICIPAL-AUDITORIUM: The City Clerk presented a Resolution of the Cosmopolitan Club. expressing its interest in the successful promotion of a definite program to obtain a municipal auditorium ~s soon as practicable and pledging its support to any workable program toward that end. The Resolution mas ordered filed. : CITY PLANNING:COMMISSION::The City Clerk presented acommunlcatlon from the City Planning Commiision; transmitting its AnnualReport for 195T. The report was ordered filed. REPORTS OF OFFICERS: PURCHASE OF PROPERTY-TRAFFIC-STREETS A~ ALLEYS: The City Manager reported that pursuant to the provisions of Ordinance No. 13169..adopted on the 23rd day of September. 1957. he has concluded negotiations with. Mr. R. T. Swicegood. et al. for the purchase of two parcels of land at the intersection of Brandon Avenue and Main Street. S. W.. under certain terms and,conditions, which have been included in an Ordinance providing for. the purchase of the said property, the City Manager recommending:that the:Ordinance be-adopted. 442 Mr, Wheeler moved to concur lu the recommendation of the City asneger tod offered the follomiag emergency Ordinance: (u13292) AN ORDINANCE providing for the acquisition Of certain land and . easements needed it connection wltb the proposed changes in the intersection of Drandon Avenue end Main.Street, S, W,; end providing for an emergency, (For full text of Ordinance, see Ordinance Rook No, 22. Page Mr, Wheeler moved the adoption Of the Ordinance, The.motion was seconded by Mr, Dillard and adopted by the.rollomlng vote: AYES: Council members Decker, Dillard, Pichett, Webber, Wheeler, and the. President, Mr, Young ............... 6, NAYS: None ................. O. (Mr. West absent) · PURCHASE OF PROPERTY-HOUSING: The City Manager reported that pursuant to instructions of Council at its meeting of January 13. 1950. he has secured from the City of Roanoke Redevelopment and Housing Authority an extension of the city*s option to purchase Block N, and Parcels 1. 2 and 3, Dlock J, in the Commonmealth Redevelopment Project, until June 30, 1959, provided the Authority is not forced to sell the property prior to that date by the Housing and Home Finance Agency, in which event the Authority will give the city a reasonable amount of time to take whatever action it may decide upon in connection with.the property. The report was ordered filed. STREET LIGtrfS: The City Manager submitted a report, recommending the installation of certain street lights in the City of Roanohe. MFS. Pickett moved to concur in the recommendation of the City Manager and offered the following Resolution: : (~13293) A RESOLGTION authorizing the installation of street lights at various locations in the.City of Roanoke. (For full text of Resolution. see Resolution Book No. 22. Page 416.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler. and the President. Mr. Young ............... NAYS: None ................. O. (Mr. West absent) REPORTS: The City Manager submitted a report of the Department of Public Melfare for the month of December, 1957, and reported other departmental reports on file in his office. The report was ordered filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. . CONSIDERATION OF ~LAIWS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ARMORY: Council at its meeting of February 3, 1958, having directed the preparation of an Ordinance amending Ordinance No. 12945. providing rates for the use of the Auditorium in the National Guard Armory, Mr. Wheeler offered the following emergency Ordinance: (e13294) AN ORDINANCE to amend and reordain.Article I of The National Guard Armory Rental Ordiaance~ and providing for an emergency. (For full text of Ordinance. seeOrdinaace Rook No. 22, Page 417.) NFo Wheeler moved the adoption of the Ordinance. The motion was seconded by #r. Decker and adopted by the following vote: AYRS~ Council members Decker. Dillard. Pickett° Webber. Wheeler. and the President, Hr. Young ............... 6. NAYS: Nqne ................. O. (Hr. West absent) RDDGET-ROUSING-STREETS Ah~ ALLEYS: Council at its meeting of February 3. 1956, having directed the preparation of a Resolution approving the plan for the widening of and Improvements to Williamson Road in the Commonwealth Redevelopment Project area, as submitted by the City Reneger. and an Ordinance providing for an appropriation of $10.000.00 to cover the cost thereof. Hr. Decker offered the following Resolution: (#13295) A RESOLUTION approving the proposed changes in Williamson Road from Rutherford Avenue, (FOr full text of Resolution. see Resolution Dook~No. 22. Page 410.) Mr. Decker moved the adoption of the Resolution. The motion was seconded by Hr. Wheeler andadopted by the following vote: AYES: Council members~Decker, Dillard. Pickett, Webber, Wheeler, and the President. Mr. Young ............... 6. NAYS: None ................. O. (Mr. West absent) Mr. Rheeler then offered the following emergency Ordinance appropriating $16.000.00: (w13296) AN ORDINANCE to amend and reordain Section mil0. *Street Construc- tion** of the lgSS Appropriation Ordinance, and providing for an emergency. (For full text:of Ordinance, see Ordinance Book No. 22. Page 4lO.) Mr. Wheeler moved.theadoption of the Ordinance. The motiou wasseconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President.: Mr. Young ............... NAYS: None ................. O~ (Mr. West absent) MO~IONS AND MISCELLANEOUS RUSIRESS: RUSES: Council at its meeting of February 3, 1958. having directed a committee composed of Messrs,' Arthur S~ Owens,.Chairman, Randolph'O; Whittle and J. Robert Thomas to prepare aproper advertisement calling for bids on a franchise for the placing of benches at various bus stops, etc.. In the City Of Roanoke, on the basis of a request submitted by Hr. Joseph W. Razlegrove, the committee submitted a proposed Ordinance covering the granting of such a franchise and requested that Coancil advise whether the proposed Ordinance meets with the approva of Council as a basis for advertising for the franchise. Mr. Webber moved to table the matter until the next regular meeting of Coancil and to direct the City Clerk to furnish each member of the body with a copy of the proposed Ordinance for their study, The motion was seconded by Mr. Wheeler and adopted. 444 LEGISLATION-CORRCILt Mr. Dillard stated that a bill (g. B. 22T) has been introduced into the General Assembly of Virginia to require that meetings of Council of nsn/clpelitfes and Boerds of Saperrisors of counties, es well as meetings of School Boards and other public bodies, be open meetings, and noted to direct the City Attorney to prepare a Resolution advising the represeotatives in the General Assembly trom Roanoke of Council's endorsement ot the Olll in principle. There being no second, the motion was lost. BUDGe-COUNCIL-CITY GOVERNRE~rr: The Ma~or stated that In consequence of an informal dlscnssion of Council last fall,:he has been working with a committee of the Chamber of. Commerce and members Of local business and industry in an attempt to have the Dave Garroway *Today" Show televised from Roanoke this spring, that the efforts of the committee have assured that the show will be telecast from Roanohe sometime in the month of April, that as pointed out in last fall's conference it will be necessary that the extra cost in bringing the program to Roanoke; l~ travel and living expenses of personnel, leasing of wire lines, etc.o be paid by local sponsors, the said cost.estimated to be in the vicinity of $20.000.00, but not to exceed that amount, the share in said cost allocated to the city being $1.000.00 of $20,000.00, to.which tentative agreement was voiced by members of Council at last fall*s conference, that final arrangements will be made for t~e program to be telecast from Roanoke for three days. three hours each, during April, at a meeting to be held on February 11. 1955, the Mayor requesting that Council advise him whether to commit the city to.the payment of the funds allocated as its *ortion of the underwriting cost at that time. Mr. Webber moved to direct the Mayor to advise tho committee that the City *f Roanoke will bear one-twentieth of the total cost not to exceed $20,000.00 for underwriting telecasting of the program from Roanoke and offered the following emergency Ordinance appropriating $1.000.00 for that purpose: (n13297) AN ORDINANCE to amend and reordaln Section mi, *Conncll~, of the 1950 Appropriation Ordinance. and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 22, Page 419.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote; AYES: Council members Decker. Dillard, Pickett, Webber. Wheeler. and the President, Mr. Young ............... NAYS: None ................. O. (Mr. West absent) There being no further business, Council adjourned. .APPROYED COUNCIL, REGULAR NERVING, N,sd,y, February 17, 1958. ~The Coun~il.of.tbq City of Roanoke met ~n ~egulsr meeting In t~e ~ouncil Chamber in the Runlcipal Building, Monday, Febrssry 17,.195R, at 2~00 o'clock, p. m.. the regular qeetiog hquro uith the President, Hr. Young, presiding. PRESENT: Council members Decker. Pickett, Webber, ~heqler, ~nd the Presides~ Mr. Young .............................................. 5. ABSE.NT: Council members Dillard an~ West ....... OFFICERS PRESENT: Mr. ^rthnr S. Owens, City Manager, Mr. Randolph G. Whittl, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J..Hobert Thomas, City . Clerk. IN¥OCATION~ The meeting mas opened with a prayer by the Reverend Van Franci~ Garrett, Rector, Christ Episcopal Church. The Mayor recognized and welcomed seventeen members of Explorer Post No. 37, Boy Scouts of America, who attended Council as a part of a program in.connection with ~oy Scout Week, MINUTES: Copy of the minutes of the regular ne,ting b,Id on:Monday, F,brunt 10,.1956, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTErs: STORM DRAINS-SIDENALE, CURB AND GUTTER-STREEtS AND ALLEYS: Pursuant to adrertisenents previously published by the Purchasing Agent the following bids were received for various projects: construction of concrete ~ur~ and gutter and concre~ sidewalk at varJoms locations in the city-A. D~ Ali,rd and Hartman Construction Company, $94,~25.00; Riley N. Jackson Company, $133,700.O0;.Adsms Construction Company, $122.245.00; Pioneer Construction Company. Incorporated. $95,900.00; Warsin9, $103.195~00; Paving of streets at various locations in the city (blacktop)- Virginia Asphalt Paving ~ompany. Incorporated, $171,085.00; Adams Construction Company, $109~6§5.00~ Lee Ny Paving Corporation, $191,11S.O0;Joha A. Uall and Company, Incorporated, $1950975oO0; Drilling drainage wells in the ~illiamson Road area-R. L. Obenchain. $~7.0~3.50; Rollins Drilling Company, $17,420.~0; Sydnor Pump an4 Well Company. Incorporated, $16,320.00; Shadow Drilling Company, $10~000.00; G. C. Rimbqrlinand Son. $18,074~00; Construction.of. box culvert in ~ashingtoq Park. ~. J. Blanc, $37,944.48; Valley*Contractors Corporatioq,$45,D94.00; J. M. Turner an~ Company, Incorporated, $37,540.80; J. F. Barb,ur and Sons, $39,373.00; Hartman Constrnction~Company, $43.ggO.dO; Pioneer Construction Company, Incorporated, $35,020.00; A. U. Burton Company, Incorporated, $46,060.00; Ralph E. M~IIs Company, $45,054.40; McUowall and N,od, Incorporated. $39,382~00; W..W, Warsing..$42,124.00; Stephen Do Steele, $35.U44°40; ~11ey N. Jackson Company, $39,460.00; Adams Construe. tioaCompany.$41.02?.50; M. S° Hudgins, Joe Hudgins and Claude Pace. Jr., $34,210.00; Constructing new pavement, curb and sidewalk at the northeast corner Of ChurchArenue.and Fifth Street~ S. W.-Stephen O.:Steele, $7,384.00; ~. W. Warning, $5,244.00; M. S. Uudgins, Joe Hudgins and Claude Pace, Jr., $5,791.00; Adams Construction Company, ST,lBS.30; A. D. Ali,rd and llsrtman Construction C,m,any, 44§ 446 $$,989.50; Miscellaneous, small area improved hard surface street and sidewalk restoration (Rater Oepartment)-Adams Construction Company, $21,345,40; John A. Hall and Company, Incorporated, $26,270.00; Construction of storm drains ca Rosalind Avenue, S, M** Pars;agar Road, S. #** and Grandin Road, S, ~.-M. S. Hudgins, Joe Hudgins and Claude Pace, Jr,, $37,701.00; Gimbert and Gimbert, Incorporated, $39,341.50; Pioneer Construotlon Company. Incorporated, $44,645,00; Draper Construc. tion Company, $ag,g33.gO. Mr. Webber moved to refer the bids to u committee composed of Ressrs. Arthur S. Omens, Chairman, John L; Wentworth, H. Cletus Broyles and Raymond.E. Pillow for tabulatLon and report at the next meeting of Council. .The:motion mas seconded by Hr. Wheeler and adopted.. PETITIONS ADD CORNUNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalachian Electric Power Company, reporting tho installation of thirty-seven 6000 lumen and the.removal of seventeen 2500 lumen street lights in the city during the month of January. lgSS. The report mas ordered filed. DOUSIRG: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority, transmitting a report showing that $12,716,55, being ten per cent of shelter rents under Projects VA-11-1 and VA-II-2. has been credited as payments in lieu of taxes for the fiscal year ending September 30, 1957~ against costs of off-site work advanced by the Dousing Authority for the City of Roanoke in connection with the two projects, leaving a balance of such costs to be liquidated of $100,175.79, The report was ordered filed, SEWAGE DISPOSAL: Tho City Clerk presented two Resolutions of the Town of Salem, requesting that the contract of October 16, 1953, between the Town of Salem and the City of Roanoke. dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an area containing 3g.233 acres lying in Roanoke Count~¢ west of the Town of Salem, between the Norfolk and ~estern and Virginian Railway lines, and an area of lis acres lying in the County of Roanoke, southwest of tho Town of Salc~ and south of State Route 773. · Mr. Nheeler moved to refer the request to a committee composed of Ressrs. Roy L. ~ebbero Chairman, Nalter L. Young. Arthur S, Owens and Randolph G. ~hittle- for study.and recommendation. The motion was seconded by Mrs..Pickett and adopted. JUVENILE DETENTION ROME: The City Clerk presented a communication from the Youth Commission, transmitting a survey of Juvenile detention facilities in the Roanoke area. Rrs. Gertrude.B..Camper, Chairman of the Youth Commission, appeared.before Council and advised that the survey was conducted by the.Bureau of Juvenile Probati~ and Detention of the State Department of Welfare and.Institutions at the request of the Commission, and that the Commission intends after further study and analysis to make a subsequent report to Councilt along with its recommendations in connection therewith. District to Business District~ Mrs. Pickett moved to refer the request to the City Plonning Commission for study and recommendation. The motion nas seconded by Mr. Decker and adopted. REPORTS OF OFFICERS: GRADE CROSSINGS-TRAFFIC: Council at its meeting of December 9. 1957, having directed the City Manager to stbdy the proposal of Domard, Needles, Tammcn and Bergendoff in their preliminary study of the Jefferson Street Grade Crossing Elimination Project. proposing north bound traffic on Jefferson Street and south bound .traffic on First Street, S. B., the City Manager submitted n report, recom- mending as follows: *1. That we extend the one-way street pattern on First Street from Day Avenue to Balnut Avenue south. 2. Improve First Street, S. W.. by grading to eliminate the dips or channels where it is crossed by Luck Avenue, S. Elm Avenue, S. W., Bighland Avenue. S. W., Albemarle Avenue, S. W**.and Walnut Avenue, 3, Remove.all parking where needed on west side of First Street from Salem Avenue to Day Avenue. 4. Appropriate *No Stopping - No Standing" signs where neces- sary alongFirst Street to improve movement of traffic. 5. Remove all parking on.the east side of First Street from Day Avenue south, Remove parking on the west side from 4:00to6:00 P, U. 6. Other additional minor changes ia loadin9 zones, parking restrictions, etc., that may be necessary to carry out the plans efficiently. 7. That Jefferson Street.remain a two-way street at the present time.* The City Manager suggested that Council members should carefully analyze and study the proposals before their acceptance and advised that they can he accom- *lished mithin a sixty day period at a cost of approximately $2,000.00. Mr. Webber moved to take the report under consideration. The motion mas ;econded by Mr. Wheeler and adopted. BUDGET-AiRPORT: The'City Manager requested ac appropriation of $~25.00 to cover the cost of appraisals Of property needed in connection with the clear zone for the northeast end of the northeast-southwest runway at the Roanoke Municipal Airport. Mr. Wheeler moved to concur in the request of the City Manager and offered the following emergency Ordinance: (#132gO) AN ~RDINANCE to amend and reordain Section a142, "Transfer to Improvement Fund** of the lqSO Appropriation Or'dinance, and providing for an (For full text of Ordinance, see Ordinance Book No. 22. Page 419~) - Mr. Wheeler moved the adoption of the Ordinance. Tho motion was seconded by Mr. Decker and adopted by the following vote: 44;7 448 AYES~ Council members Decker, Pickett, #ebber, #heeler, and the Erealdent, Hr. Young ....................... ~--S. NAYS: ~one ..... ~ ........... O. (Council members Dillard and Vest absent) SALE OF PROPERTY-WATER DEPARTMENT-TRAFFIC: The City Mannger reported that Biter considerable study of the matter be recommends the repeal of Resolution No. 13210, adopted on October 14, 1957, directing the sale of property at 20 Salem Avenue, S. E., nnd suggests that he be authorized to use the property ac a parking lot, stating that thirteen.parking meters can be installed .thereon which will provide approximately $3,200.00 annual revenue to the city and tend to alleviate the critical parhing problem in the market area. Mr. Decker moved to direct the City Attorney to prepare a Resolution repeal. Jug Resolution Noq 13210 as recommended by the City Manager. The motion was seconded by Mr. #heeler and adopted. AIRPORT: The City Manager reported that .u ~ontruct, leasing Hangar No. 2 at the Roanoke Municipal Airport to Virginia Airmotive Service and Supply Company, will expire April 30, 1958, and recommended that Chapter 5, Title O, of The.Code of the City of Roanoke, 1956. dealJn~ with rentals at the Roanoke Municipal Airport, be amended to.include this hangar at a renta~ o~ $22s.oo per month, and u~so to provide for the rental of Transmitter ~pace atop Mi~l Mount~in'at $15.00 per month and a rental of $10.00 per acre per annum for agricultural purposes. Mr. Webber moved to concur i~ the recommendation of the City Manager and to direct the City Attorney to prepare the proper Ordinance providing therefor. The motion was seconded by Mr. Wheeler and adopted. BUDGET-CITY SERGEANT: The City Manager requested an appropriation of $150.0( to corer the cost of an additional premium on the official bond of the.City Sergeant occasioned by the amount of the Sergeant's bond be{ag increased by the Hustings Court subsequent to the adoption of the budget. Mr. ~heeler moved to concur in the request of the GitI ~anager and offered the followin9 emergency Ordinance: (a13299) AN ORDINANCE to amend and reordain Section m27, 'Sergeant", of the 195§ Appropriation Ordinance, and providing for an emergency. (For full t;xt of Ordinance, see Ordinance Book No. 22, Page 420~) ~r. Wheeler moved the adoption of the O~dinance. The motion'was seconded b! ~r. Dec{er and adopted by the following vote: AYES: Council members Decker, Pickett. Webber, Wheeler, and the President, Mr. Young .......................... 5. NAYS: Rone ................. O. (Council members Dillard and West absent) BUDGET-ELECTIONS-SCHOOLS: The City Manager reported that the Commissioner of the Revenue has advised that an additional amount of $1.500.00 will be required for the completion of the freeholders voting lis~ and recommended that such an appropriation be made, Mr. ~heeler moved to concur in the recommendation of the City ~an~ger and offered th; following emergency Ordinance: 4'49 (x13300) AN ORDINANCE to amend und reordoin Section XB. "Commissioner of Revenues" of the 1958 Approprioticn Ordinnnce, ucd providing roy nn emergency. (For full text or Ordinance, see Ordinance Hook No. 22, Page 420.) Hr. Wheeler moved the adoption of the Ordinsnce. The motion mas seconded by Hr. Decker nnd adopted by the following vote: AYES: Council members Decker. Pickett. Webber. #healer, and the President, Mr. Young .......................... NAYS: None ................. O, (Council members Dillard and Went absent) BUDGET-RECREATION DEPARTMENT: The City Manager requested a transfer of $1,650.~0 from "Salary, Playleaders# to "Salary, Community Leader fo~ Senior Cltizet Center# in the Recreation Department account of the 1950 budget in order to provide a part time leader for the Senior Citizens Center in Elmmood Park. Mr. Mheeler moved to concur in the recommendation of the City Hanager and offered the f,Il,ming emergency Ordinance: (u13301) AN ORDINANCE to amend and reordsln Section milO, "Recreation Department", Of the 1950 Appropriation Ordinance, and providing for an.emergency. (For full text of Ordinance, see Ordinance Book No. 22. Page 421.) Mr. Mheeler moved the adoption of the Ordinance. The motion mas seconded by Hr. Decker and adopted by the f,Il,ming vote: AYES: Council members Oecker~ Pickett. Webber. Wheeler, and the President, Mr. Young .......................... NAYS: None ................. O. (Council members Dillard and West absent) REPORTS OF COMMITTEES: NONE.', UNFINISHED BUSINESS: BUSES: Council at its meeting of February 10, 1958, having tabled until its next regular meetln9 apr,posed Ordinance grantinga franchise for advertising benches, the mattermas again before:the ~ody. Mr. W. P, .Dazlegrove, Attorney for Mr. Joseph'W. Ilaalegrove mhd originully requested such a franchise, appeared before Council and stated that he has consulted with Council's committee composed of Hessrs. Arthur S. Owens5 Chairman, Randolph C. Whittle and J..Robert Thomas, concerning~the proposed Ordinancet and~that certai~ changes in the provisions thereof have been made subject to the approval of Council. mhich in his opinion mill Clarify the proposed Ordinance and which his client hopes Council mill accept. After considerable discussion of the matter. Mr. Wheeler n,red'to approve the following proposedOrdinance-as a basis for an advertisement calling for bids on the proposed franchise: "Sealed proposals mill be received in the office of the City Clerk, City of Roanoke, Virginia, Room 214, Municipal Building, until 12:00 noon,:Mobday; March 17, 195H, after mhich time they mill be publicly opened and read before the City Council for a franchise as contemplated in the f,Il,ming proposed Ordinance: *AN ORHINANCE. granting to a franchise for adFertistng benches to be placed at various bus stops and other suitable and approved locations. ~HEREAS, bids have heretofore been lamfully advertisedfor the granting of a franchise for advertising benches to be placed at 45O various bus stops end other suitable and approved loealions.la the City of RoanOke and at City facilities beyond its corporate liaits~ and MREREAS, the aforesaid made the best bid for such franchise, ~hlch bid and the terms end conditions of the franchise are es se~ forth in this ordinance. THEREFORE, BE IT ORDAIRED by the Couucil of the City of Roanoke as follows: 1. That ~here be, and Is hereby, granted to , hereinafter called #Permittee", a s~ecial, non-assignable (except with the approval of the Council) privilege to install and maintain advertising benches at.various bus stops and olher locations, mithout the flag area and within the City of Roanoke nad ut City facilities beyond its cqrporute limits, as each of said locations is from time to time approved by the City Ranoger. 2. The Pernlttee shall pay a fee or__dollars per onnum. or fractional part thereof, for each bench so Installed on City property provided, however, that at no time during the life o~ this franchise shall the annual fee payable to the City be less than $200.00 per year or any portion of any calendar year. The first payment for each bench shall be made after its location has been approved by the City Ranager. and prier to its installation. Subsequent annual payments on existing benches shall be made on or before March I of each ensuing calendar year. 3. The special privilege granted hereby shall be for a period of ten (10) years next ensuing from the effective date of .this ordinancq. 4. That the atr~cture, design and style Of the aforesaid benches, and each of them, shall be subject to the approval of the City Manager ando:so long as any bench remains upon an approved location, it shall be maintained in a neat and proper manner and in good condition. : 5. The special privilege hereby grqoted is further upon the condition that during the entire term hereof the Permittee shall indemnify and save and hold t~e City harmless of and - from any and all liability, claims or expenses of any kind whatsoever caused by or gromiog out Of the:construction, maintenance, operation, relocation, discontinuance or aban- donment of the special privilege hereby granted, and during said term the Permittee shall procure and keep in force a policy or policies of liability insurance in a good and reputable insurance company authorized to do business in tie Commonwealth of Virginia indemnifying the City and Pernittee in at least the sun of $25,000.00 for bodily injuries to, or death of, one person from qny one accident, and for at least the son of $50,000.00 for bodily injuries to, or death of, more than one person from ~ny one accident,.ond $5,000.Q0 . property damage. And, the Permittee shall also furnish a performance bond in the amount of $1,000.00 with corporate surety authorized to do business in the Commonwealth of Virginia, in form ~o be apprqved by the City Attorney, to secure complete performance of all the terms, provisions, con= ditions and obligations as set forth In this ordinance.. The special privilege hereby granted shall not become effective until said insurance and performance bond are effective and the policy or policies and the bond, evidencing the same, together mith paid premium receipts, ore filed with the City Clerk. 6. Each and every right, privilege· authority and f~anchtse by this ordinancq granted shall, without the passage of any resolution, ordinance, or any action of any kind, mhatsoever, on the part of the City of Roanoke, be null and void and absolutely of no effect upon the failure of the Permittee to observe and perform any and all of the conditions of this ordinance and amendments thereto, ood the conditions herein contained, for a period of ten (IO) days after notice shall have been mailed the Permittee by registered mall at · at the direction of the City Manager of the City of Roanoke, to the effect that said City will, if said failure is:not corrected before the expiratioo of ten (10) days from the date of said notice, consider this franchise null and void and absolutely of no effect because of such failure. And, in the event of the forfeiture of this franchise on account of the breach of any qf the conditions herein, or of said ordinance, as amended, or upon the expiration of this franchise, the Permittee shall promptly and at his oma cost and expense remove all benches from City property and restore the public property from which the same is removed in good condition.* The Cit! or Roanoke reserves the right to reJect uny and ell proposals, to waive any inrormulities in any proposal, and to umard the franchise to some other than the highest bidder, should it be deemed in the best interest of the CitT,' The motion mas seconded by Hr. Decker end adopted. C@NSIDERATION OF CL~IRS: NONE. I~RODUCTION A~ CONSIDERATION OF ORDINANCES A~ RESOLDTIONS: TAXES: Council at its meeting of F~bruary 10, 19SO, having directed the preparation of an Ordinance to repeal the qity*s admissions tux,.effective June 1, 1955, R~. Decker moved that the following Ordinance be.placed upon its first readin (u13302) AN ORDINANCE repealing Chapter 5, of Ti%le VI, or The Code of the City of Roanoke, 1956. as amended. DE IT ORDAINED by the Council or the City of Roanoke that Chapter Admissions Tax, as amended, of Title VI, Taxat{on, of The Code of the City of Roanohe. 1956, be. and the same is hereby, repealed, effective as of the 1st day of June, 195Q. The motion was seconded by Rr. Nheeler and adopted by the following vote: AYES: Council numbers Decker, Pichett, Webber, Wheeler. and the President, Hr. Young ................... ~ ...... 5. NAYS: None ................. O. (Council:members Dillard and Nest ~bsent) MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC VIOLATIONS BUR~U-MUNICIPAL COURT: The Mayor stated that Council . should consider the appointment of a new Judge in the Municipal Court which has been provided for in the 1958 budget.. Mr. Webber moved to table the matter until the next regular meeting of Council. The motion was seconded by Rt. Decker and adopted. RECR~TION DEPAR~ME~-PARKS AND PLAYGROUNDS: Council discussed at consider- able length the question of permittin9 sleigh riding in the streets. There being no further business, Council adJourned. APPROVED ~ i~-~,.---- ~ ,'/ . / ~ PreSident / 451 452 COUNCIL, REGULAR MEETING. Monday. February 24, 1958, The Council of the City o! Roanoke met in regular meeting in the Council Chamber in the #uniclpul Building, Monday, February 24, 1950, ut 2zOO otclock, p. m,, the regular meeting hour, mith the President~ Hr. Young, presiding, PRESENT: Council members Decher, Dillard, Pickett, Webber, Wheeler, and the President, Mr, Young ............... 6, ABSENT: #r, West ............... 1, OFFICERS PRESENT: Mr, Arthur S, Ouens, City Banager, Mr, Randolph ~, Mhlttl* City Attorney. Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Rererend Lewis E. Bates. Pastor, Vlnton Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, IT, 1950, having been furnished each member of Council. upon motion of Rs. Mheelero seconded by Mr. Decker and adopted, the reading Was dispensed with and the minutes approved as recorded. : HEARING OF CITIZENS UPON PUBLIC MATTERS~ NONE. PETITIONS AND COMMUNICATIONS: ZONXNG: The City Cloth presenteda communication from Felix A. and £. Obenchain, mithdrawing the request presented to Council at its meeting of February 3, lg59, for rezoning from General Residence District to Business District property located at 3634 Shenandoah Avenue. B..~., being Lots 3, 5 and 6, Reserve Ho. 3, Westwood, and requesting that the matter be mithdrown from the City Planning Commission In Council*s.docket. Mrs. Pickett moved to concur in tho request. The motion mas seconded by Mr. Decker and adopted. PURCHASE OF PROPERTY: The City Clerk presented a communication from the City Planning Commission. recommending that Council acquire Lots 24-3g, inclusive. Block 20, Riverlsnd Road Addition. fronting on Rivervlew Boulevard, S. E.. fhr public use. The City Manager advised that he concurs in this recommendation and has n firm commitment from the owners of the property to convey the same to the city at a price of $2,500.00. Mr. Webber moved ~o approve the purchase of the said lots as recommended by the City Planning Commission and the City Manager at a price of $2,500.00, and to direct the City Attorney to prepare the proper Ordinance and the necessary papers for the acquisition of the property. The motion was seconded by Mr. Mheeler and adopted. REPORTS OF OFFICERS: SOLICITATIONS: The City Manager reported that the Advisory Commission on Public Solicitation is in disagreement mith him and the City Attorney, concerning the interpretation and the enforcement of the provisions of Chapter 4, Title 20, of The Code of the City of Roanoke, 1956, In that the Commission desires to extend the provisions of the public solicitation permit provisions to cover licensed businesses, which in his tad the City Atterney*s opinion would not be legal, Mr. Wheeler suggested that possibly, the membernor the Commission might want to express their views in the. matter'before Council and moved to refer the matter bach to the City Wannger rot consultation with the members of the Commission the City Manager to bring the matter back to Council, lr necessary, at such time as the members of the Commission can be present. The motion was seconded by Mr. Webber nnd adopted. TRAFFIC-GRADE CROSSINGS-STREETS AND ALLEYS: The City Manager reported that the Engineering Department has proposed a restudy of that portion of the U. S. Route 220 Proposed F~deral Aid Urban Project from Hunter Memorial Dridge to Frankli Road Drldge which is located in the downtomn area, with a view of providing better and safer ~ccess across the Norfolk and Western Railway lines to the southeast section, the said restudy being estimated to cost approximately $3,000.00, and has suggested that since the work involved would be beyond the capabilities of the Engineering Department during normal houFs that it be accomplished by members of the Engineering Department staff working overtime, and that sincethe.proposed restudy would contemplate gFade crossing, eliminations over the Norfolk:and Western Railway lines~ the Norfolk end Western Railway Companybe approached with the request that it pay one-bali of the cost of the survey, the City Manager stating that there ls.a possibility of securing urban grade crossing elimination funds to help defray the cost of the improvements and recommending that Council concur',i~ the plan. Mr. Webber moved to direct the City Manager to consult with officials of the Norfolk and Western Railway Company with a view of securing their approval of the proposed restudy and participation in the cost thereof to the extent.of fifty per cent. The motion was seconded by Mr.:Wheeler and adopted, PURCHASE OF PROPERTY-TRAFFIC-STREETS A~D ALLEYS: The City Manager reported that pursuant to the provisions of Ordinance No. 1316g, adopted on September 23, lg57, he h~s attempted to purchase fromMr. W. Price Fields a parcel of land needed at the junction of Brandon Avenue and Drambleton Avenue, S, W** for street widening and improvement purposes, and has been unsuccessful,in his negotiations, the City Manager recommending thatConncil adopt an Ordinance providing far,the:condemnation thereof. Mr. Wheeler moved to concur in the recommendation of the City Manager and offered~the following emergency:Ordinance: (#13303) AN ORDINANCE providing for the acquisition of certain land for the widening'and improvement of the intersection of Urandon Avenue and Main Street, S. M.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 422.) MF~ Wheeler moved theedoption of-the Ordinance. The motion.was, seconded by Mr. Decker and adopted by the following vote: AYES: Council membersDeckeri Dillard~ Pickett, Webber; Wheeler,%and the President, Mr. Young ............... NAYS: None ........ ~ ........ O. (Mr. West~absent) .'45~ ~454 PURCHASE OF PROPERTY-TRAFFIC-STREETS AND ALLEYS: Yhe City Manager reported that under the provisions of Ordinance No. 13169, adopted on September 23. 1957, ho bas attempted to purchase from Mr, J. S. Fit·patrick · parcel of land needed et the Junction of Mai· Street end Or·ados Avenue, S. ¥.. for street wide·lng amd Improve* neat purposes, cod has been unsuccessful ia bis negotiatio·s, the City Manager recomme·ding that Council adopt an Ordinance authorizing the condensation of the property. Mr, Wheeler moved to concur in the recommendation or the,City Manager and offered the following emergency Ordinance: {u13304) AN ORDINANCE providing for the acquisition of certai· land for the nldening and improvement of the intersection of Main Street, S. #** and Shermood Avenue and Erandon Avenue: and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 22. Page 423.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following rote: AYES: Council members Decker. Dillard. Pickett, Webber. Wheeler. and the President, Nr. Young ............... NAYS: None ................. O. (Mr, Yest absentl PURCHASE OF PROPERTY-PARES AND PLAYGROUNDS-STRE~fS AND ALLEYS: The City Manager reported that under the provisions of Ordinance No. 13228. adopted on the 4th day of November, 1957, he has attempted to purchase from the N. H. Carter Lumber Company o strip of land lying along the south aide of Roanoke River. west of Franklin Road, S. M., needed for street purposes, and has been unsuccessful in his negotiations, the City Hanager recommending that Council adopt an Ordinance provid- ing for the condemnation of the said property. Mr. Wheeler moved to concur in the recommendation of the City Manager and offered the following,emergency Ordinance:. (u13305) AN ORDINANCE providing for the acquisition of certain land for the extension of Nlley Drive; and providing for an emergency. (For full text of Ordinance, see. Ordinance Book No. 22, Page 424.) Mr. Wheeler moved the adoption of the Ordinance. The motion nas seconded by Mr. Decher and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Kebber, Nheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Mr. West absent) DEPARTMENT OF PUBLIC KOR£S: The City Manager reported that the Purchasing Agent received bids on February the 195§ budget, and recommended that, due to the complexities of the bids received a committee be appointed to study the said bids and submit its recommendations. thereon to. Conceal. Mr. Webber moved that the Mayor appoint a committee as recommended by the City Manager. The motion was seconded by Mr. Wheeler and adopted; whereupon,.the Mayor appointed Messrs. Arthur S, Owens, Chairman, John L. Wentworth, R. B. Moss and Alan G. Decker as a committee to study the. bids received on motor, equipment and submit its report and recommendations thereon to Council. REPORTS OF COMMITTEES: : STORM DRAINSoSIDEMALK, CURD Arid GUTTER-STREETS A~D ALLEYS: Council ut its meeting of February 17. lgSS, having referred 4o a committee composed of Messrs, Arthur S, Owens, Chairman, John L. Wentworth, N. Cie:us Hroyles and Raymond E. Pillow for tabulation, study and recommendation bids received rut various street, sewer and well drilling projects for 1950, the committee submitted its report and a tabulation of the bids, showing that the bid of A. D. Alford and Hartman Cons:fmc :ion Company, ia the amount of Sg4062§.O0, for construction of concrete curb and gutter and concrete sidewalk at various locations in the city; the bid of-Virginia Asphalt Paving Company, Incorporated, in the amount of $171,005.00. for paving of various streets in the city.; the bid of Sydnor Pump and Well Company, Incorporated. in the amount of $16,320.00, for the ~rilling of drainage wells in various sections Of the Mllliamsun Road area; the bid of M. S. Hudgins, et al, in the amount of $34,210.00, for the construction of a box culvert in Washington Pa~; the bid of M. S. Hudgins, et al, in the amount of $~.Tgl.~O, for paving, curb, gutter and sidematk'at the northeast corner of Church Avenue and Fifth Street, S. W.; the bid of Adams Construction Company, in the amount of $21,345.00. for street restoration in various sections of the city for the Water Department; the bid Of R. S. Iludgins, et al, in the amount of $37,?01.00. for construction of storm drains on Rosalind Avenue, S. l., Persinger Road, S. e.. and Crandln Road, S. W.. were low. the committee recommending,that they be accepted. Mr. Decker moved that Council concur in the recommendation of the. committee and offered the following emergency Ordinance accepting the proposal of A. D. Alford and Dar:nan Construction Company for the construction of concrete curb and gutter and concrete sidewalk at various locations l~ the city: (~13306) AN ORDINANCE accepting the proposal of A. Do Alford and Hat:man Construction Company for the construction of concrete sidewalk and concrete curb and gutter; authorizing the proper City Officials-to execute the requisite contract rejecting all other bids; and providing for an, emergency. (For full text of Ordtnance,.see Ordinance Hook. No..22, Page 425.) · Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Mr..Wheeleraud adopted by the following vote: AYES: Council ~embers Decker, Dillard. Pickett, Webber. Wheeler, and the President,*Mr.:Young ............... NAYS: None ................. O. (Mr. Nest absent) Mr. Decker offered the followlng~emergencyOrdinance accepting the proposal of Virginia Asphalt Paving Company, Incorporated, for, paving of various streets in the city: (~I3307),AN ORDINANCE accepting the proposal of Virginia Asphalt Paving Co., Inc., for bituminous street paving; authorizing the proper-City Officials to execut* the requisite contract; rejecting, all other bids;'and providing for an emergency. (For full text of Ordinance, see Ordinance Book No..22, Page : Mr. Decker movedthe adoption, of:the Ordinance., The motion, wasseconded by Mr. Wheeler amd adopted by the following vote: 455 456 AYES~ Council members Decker, Dillzrd, Pickett, Webber, Wheelev,:nnd the President, Mr, Y~uag ...... ~--' ..... 6, NAYS: None---~- ..... ~ ...... 0. (Hr. West absent) Cf. Wheeler offered the following emergency Ordinance accepting the of Sydnov Pump end Well~Company,~Incorporated,'for the drilling of drainage wells: (n1330C) AN ORDINANCE accepting the proposal of Sydnor Pump.and Well'Compan} lnc.,.for, the drilling of drainage wells; authorizing the proper City. Officials to execute, the requisite contract;~reJecting ell other bids; and providing for an emergency, (FOF full t~xt of Ordinance, see Ordinance Cook No, 22, Page 427,) Mr. Wheeler moved the adoption, of the. Ordlnacce., The motion was neconded by Mr. Decker and adopted by. the following vote: AYES: Council members Decker. pillard, Pickett, Webber, Wheeler. and the President, Mr. Yonng-~ .... ~-. ...... 6. NAYS::None ............. ~0--O~. (Mr.~West absent) Mm. Pickett offered the follomlng emergency Ordinance accepting tlc proposal of M. S. Hudgins, et al, for the construction of a box culvert in Washlng~ Park: (~13309) AN ORDINANCE aocepting the proposal of W. S. Bndglns, et al, for oonstroction of a con¢~et~ box culvert; authorlzino the proper City Ofliolals to execoto the requisite contract; rejecting all other bids; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. 22. Page 420.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Decker end adopted bythe folloming vote: AYES: Council ~em~ers Decker. Dillard, Pickett, Webber, Wheeler. and the President. Mr. Young .............. ~6. NAYS: None ................. O. (Dr. West absent) Nv. Decker offered, thefollomJng emergency,Ordinance accepting the proposal of N. S. H~dglns. et al.. for paving, curb and sidewalk at the northeast corner of ChurchAvenue and Fifth Street. (~13310) AN ORDINANCE accepting the proposal of M. S. Hudgins. et al,.for the construction of new pavement, curb and sidewalk; authorizing ~he proper City Officials to execute the requisite contract; r~Jectlng all other bidsj and for an emergency. (For full text of Ordinanceb see Ordinance Hook No. 22, Page 429.) Mr. Decker moved, the adoption of the,Ordinance. The motion.was seconded by Mrs. Pickett and adopted by the following vote: : AYES: Council members Decker,:Dillard~ Pickett, Webber, Wheeler, and the President, Mr. Young ........ ~ ...... 6. NAYS: None ................O. (Mr.-West. absent) Mr~ Wheeler offered the following emergency Ordinanceaccepting the of Adams Construction Company for streetirestoration of the Water Department: (n13311) AN 08DINARCE accepting the proposal of Adams Construction Company for street restoration; authorizing the proper City Officials to execute the requisite contract; rejecting all-other bids; and,providing for an emergency. (For full text of Ordinance, see Ordinance Eook No. 22, Page 430.) yr. Wheeler moved the adoption of the Ordinance. The motion was seconded by RF. Decker and adopted bv the following vote: AYES: Council members Decker. Dillard, Pickett. Webber. Wheeler, and the President, WF. Young ............... 6. RAYS: Rone ................. O. (Hr. West absent) Rr. Dillard offered the following emergency Ordinance acceptingthe proposa of R~ S. Hudgins, et al, for the construction of various storm drains: (z13312) AR ORDINANCE accepting the proposal of H. S. Hudgins, et al, for the construction cf storm drains; authorizing the proper City Officials to execute the requisite contract; rejecting all other bids; and providing for an emergency. (For full text of Ordinance. see Ordinance Dook No. 22, Page Mr. Dillard waved the adoptiunof.the Ordinance. The notion was seconded by NFo Decker and adopted bv the following rote: AVES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President. Mr. Voung ............... NAYS: None ................. O. (Mr. West absent) The committee further reported that due to the recent damage to city street th! reason of snow and freezing weather and because of the excellent price received for street paving in the bid of Virginia Asphalt Paving Company, Incorporated. which wes considerably lower thnnhud been expected, the connittee approached Virginia Asphalt Paving Company. Incorporated. and received the. said company's agreement to increase the contract for paving from the bid price of $171.085.00 to approximately $195;000.00~ based on the unit prices contained in its bid. the committee recommendin9 that Council authorize increasing the contract of Virginia Asphalt Paving Co~pany, Incorporated, as set forth. Mr. Webber moved to.directthe CityAttorney to prepare an Ordinance provid, lng for an amendment to the contract for street paving as recommended by the . committee. .The motion was seconded by Mr. Wheeler and adopted. : UNFIRISHED BUSINESS: ZONING: Council at its neeting of Febrnary 3, 1958, having referred to the City Planning Commission for study and recommendationthe request of Mr. James M. Turner that*Lot 1,~Block 41, Crystal~SprJng Land Company, locatedon the northeast corner of Carolina:Arenue and McCiaeahan Street. S. M., be. renamed from Special Residence District to,Business District, the City Planning Commission, submitted its report,'advisingthSt there is now existing on. McClanahan Street. S. W.. between Franklin'Road und-Carolina. Arenue~property classified*as Business District which is undeveluped, and in its opinion there is nonecessity for extending the Business DiatrJct'~ieto 5'block mhich is built up with substantial residences, the Commission therefore recommending denial of the request. . 457 458 The City Clerh advised that Hr. A. Lluuood Boltou. Jr,. Attorney for the petitioner, his requested that the matter be laid over for one meeh to permit time for his to ascertain whether or not his client desires n public'hearing in the matter. The matter mas laid.over until the next regular meeting of Council. ZONIN6: Council at Its meeting of February 17, 1950, having referred to the City Planning Commission for study nnd recommendation a petition of Wt. Clyde C, Hurst, et al, requesting that their property located un the north side. of RcClanahan Street, S. W., between Carolina Avenue and Crystal Spring Avenue, be rezoned from Special Residence District to Business District, the City Planning Commission submitted its report, advising that in its opinion insufficient evidence has been presented to show the need for an extension of the existing Business District on McClanahan Street at this time, and that the rezoning of said properties will result in the depreciation of values of nearby residences, the Commission therefore recommending the denial of the request. The City Clerk advised that Mr. A. Linmood Bolton, Jr** representing the petitioners, has requested that he be permitted a meek*$ tine in which to contact his clients and determine whether or not they desire a public hearing in the matter. The matter was laid over until the next regular meeting of Council. CONSIDERATION OF CLAIMS: NONE. . I r~fRODUCYION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TAXES: Ordinance No. 13302, repealing Chapter 5, of Title VI, of The Code of the City Of Roanoke, 1956, relating to the city*s admissions tax, having pre- viously been before Council for its first reading, read and laid over, mas again before the body, Mr. Hheeler offering the following for its second reading and final ~doption: (u13302) AN ORDINANCE repealing Chapter 5, of Title ¥I, of The Code of the City of Roanoke, 1956, as amended. (For full text of Ordinance, see Ordinance Book No. 22, Page 421.) Mr. Wheeler moved the adoption of the Ordinance. The notion was.seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Rabbet, Mheeler, and the President. Mr. Young ............... 6. : NAYS: None ............ ~ .... O. (Hr. West absent) SALE OF PROPERTY-WATER DEPARTMENT-TRAFFIC: Council at its meeting of February 17, 1959, having directed the preparation of a Resolution repealing Resolution No. 13210, Mr. Dillard offered the folloming Resolution: (n13313) A DESOLUTION repealing Resolution No. 13210. (For.full text of Resolution, see Resolution Book No. 22, Page 431.). Mr. Dillard moved the adoption of the Resolution. The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Conncil members Decker, DillaYd, Pickett, Webber, Wheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Mr. West absent) MOTIONS AND WXSCELLANEOUS BUSINESS: TRAFFIC VIOLATIONS BUREAU-RUNICIPAL COURT: Consideration of the appointment of an additional judge of the Mun~clpal Court having been laid over from the last ;meeting of Cosncll~ the matter mas again before*the body.~ Mr. Dillard stated that ia his opinion an additional Municipal Judge cannot be appointed until'the.month of September under the.provislons~of Section 9 of the City Charter and that it mill be necessary for Council to adopt a Resolution crest- ing the ~osition for an additional Municipal Judge before such an appointment can be made, The Mayor stated that after a previous discussion of the matter, he asked the City Attorney to prepare an'Ordinance providing for an additional Judge in the Munioipal Court and mas advised by the City Attorney that such an Ordinance is not necessary since Chapter 2, Title Xl, of The Code of the City of Roanoke. lOS&, provides for the appointment of one or more Municipal Judges. Rr.~Dlllard then stated that there is no provision in the Code for the duties of an additional Municipal Judge; whereupon, the City Attorney stated that, in his opinion, if Council appoints an additional Municipal Judge, the City Charter adequately provides for his pomers and duties the same as any other Municipal Judge, and Council has authority to appoint such a Judge without the adoption of any additional Ordinances. Mr. Dillard then asked that the City Attorney be instructed to put his opinion ia mriting and file it with the City Clerk. Other members of Council expressed their opinion that this was not necessal In reply to a question, the City Attorney advised that if Council appoints a new Municipal Judge, he should be appointed for a term to expire September 30, 1950; whereupon, Mr. Rheeler moved that a Municipal Judge be appointed for a term to expire September 30. 1950, The motion was seconded by Mr. Dillard and adopted. The Mayor then called for nominations for the office of an additional Municipal Judge in the Municipal Court of the City of Roanoke for a term to expire September 30, 1958. Mrs. Pichett placed in nomination the name of Mr. James William Flippin. Mr. Dillard moved to close the nominations. The motion was seconded by Mr, Decker and adopted. Mr. James William Flippin was elected as a Municipal Judge in the Municipal Court for a term to expire September 30, lqSO, by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ............ NAYS:.None ................. O. (Mr. West absent) LEGISLATION-ROANOKE GAS COMPANY: The Mayor presented a communication from the United States Mayor's Committee On Natural Gas Legislation, advising that the Harris*O'Harm Gas Price Increase Mill appears to be stopped for the moment Jn Congress, but suggesting that* the Bill will probably be revived during the present session of Congress by its proponents, and urging that the City of Roanoke advise its representatives in the Congress of the United States of its opposition to the Gas Price Increase Dill. The communication was ordered filed. · 460 TRAFFIC-RED CROS$:.~he Mayor presented a communication from Hr, Jackson R, Herself, requesting that Council consider an saendBeet to the CSt7 Code ~o provide ths~ fines, not to exceed $2.50, on n trnrrlc vlolstlon, De excused upon precentsti to the Court of · traffic lichen endorsed by the Roanoke ged Cross Dined Dish, show- ing thus the person in violation has donated one pint of blood to the Blood Daek within one week free the date of the traffic citation. The cossunlefllon was ordered flied. There being no further business, Council adjourned. APPROVED ~COUNCIL, REGULAR MEETING. Monday, March 3, 1959, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, March 3, 1958, at 2:00 o'clock, p, m,, the regular meeting hour, mith the President, Mr. Young, presiding. .PRESENT: Council members.Decker, Dillard. Pickett, Webber, Wheeler, and the President, Mr. Young .................. &. ABSENT: Mr. West .............. 1. 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. INVOCATION: The meeting mas opened with a prayer by the Reverend Dale L. Reynolds, Pastor. Pilgrim Holiness Church. . MINUTES: Copy of the minutes of the regular meeting.held on Monday, February 24, 1950, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mrs. Pickett and adopted, the reading mas dispensed with and the minutes approved as recorded. HEARINGOF CITIZENS UPON PUBLIC M~TTI~RS: MATER DEPARTMENT: Mr. Robert H. Wagner, 3031 Willow Road, N. W., appeared before Council and complained of the quality ~f water delivered through the city*s mains tn residences la the northwest, section of:the city, Mr..Magnerstating that bis bet water heater was corroded to the point that it mas ruined in less than five years and {hat retailers.of bet water heaters are reluctant to deliver their equip- ment to the northwest,sectio] of the city unless thehesters are glass lined, that in his opinion this is a result of improper treatments,of the water at, the Carvins CoveFilter Plant and the city should employ a full-time chemist at the plant with sole authority for treatment of the water coming,into the city's mains from Carvins Cove, that he knows of many instances in.the northwest section where citizens have had the same type of trouble he has experienced, and that in addition their pipes urebeJng clogged with residual deposits from the water, which, in bis opinion, has been increased in volume by the introduction of sodium fluoride~iuto the city*s water,supply. After ~ome discnssion~ Mr~ Webber moved to direct the City Manager to secur* from Mr. Wagner a sample of the water delivered to bis home, have it analyzed by the Malcoim Pirnie Engineers, Consulting Chemists, New York, N. Y.. and submit his report th~reon-to Council. The motion was seconded'by Mr. Dillard andadopted. P~TIT~ONS AND COMMUNICATIONS: J~B CLASSIFICATION: The City Clerk presented a communication from Mr. Gid M. Underm~od, an employee of the City:of Roanoke, requesting that Council hold a night session at which hourly paid employees of the city may appear before the body in c~nnection with the recently'adopted Salary and Wage Plan. Mr. Webber moved to hold a special session ~f Council at ?:30. o'clock, p. m., Ma~ch 11, 1950. in the Council Chamber, at which hourly paid employees of the city ~ay be heard as requested.. Th~ notion was seconded by Mr. Dillard and adopted. .461 462 REPORTS OF OFFICSWSz · PURCHASING DEPARTMENT~ The City Manager reported that bide were received by the Purchasing Agent on February 24, 1958, for certain motorized equipment, and suggested that Council uppoiut u committee to study the said bids and submit its recommendation thereon to Council. Mr. Mebber moved to coacnr.in the suggestion of the City Manager and to appoint n committee consisting of Messrs. Arthur S. Omens, Chairman; Alan G. Decker John L. Wentworth and R. B. Moss to study the bids and submit its recommendation thereon. The motion was seconded by Mrs. Pickett and adopted. : .PURCHASE OF.FROPERTY-TRAFFICoS~REETS.Ah~ ALLEYS: The City Manager reported that subsequent to the adoption of Ordinance No. 13203 on the 24th day of February. 1958, he has received from Mr. M. Price Fields a communication agreeing to convey to the city at a price of $3,000.00 the land needed for street psrposes near Hrambleton Avenue and Brandon Avenue, S. N., mhich the said Ordinance had directed be condemned, the City Manager recommending that the offer be accepted. Mr. Decker moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (u13314) AN ORDINANCE providing for the acquisition of certain land situate on the south side of Hrandon Avenue; S. M.o wanted and needed in connection with certain propesed street changes In the intersection of-Braudon Avenue and Main Street, S. W.; repealing Ordinance NO. 13303 heretofore adopted on the 24th day of February, 1950, authorizing and directing the condemnation of said land; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook Ho. 22. Page 432.) Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard. Pichett, Webber, Wheeler, and the President, Mr. Young ............... 6. NAYS: None ................. O. (Mr. West absent) REPORTS OF COMMITTEES: DEPARTMENT OF PUBLIC WORKS: Council at its meeting of February 24. 1958. having appointed a committee to study bids received by the Purchasing Agent on February 17. 195fl, for certain automotive equipment, the committee submitted its report, recommending acceptance of the following lom qualifying bids: "ButterfJeld's Cycle-Shop 2 Sacra-Cars $ 3.154.76 Johnson McReynolds Char. Corp. Magic City Motor Co. Magic City Motor Co. Magic City Motor Co. Johnson McReynolds Char. Corp. Magic City Motor Co. Magic City Motor Co. 3 Solo Motorcycles 3.agg.g3 7 Police Cars 11,964.84 I - 4 Door Station Wagon l,gaO.O0 1 - 4 Door Sedan 1.700.00 1-3 to 4 Ton Tractor Truck 4.595.00 3 - 3 to 4 Ton Truck with 16 yd. Hydraulic Packer 27.305.4g I - 3 to 4 Ton. Truck math 2100 gal. tank flasher 8.H61.94 2 - 2 Ton Truck with 13 cu. yd..Mech. Packer 15,136.00 3 - I 1/2 Ton Truck - Dump 8,188.31 J Johnson WcReynolds Chev, I - 3/4 Ton Truck - : Corp. Pickup with Utility · Body $ · Johnson ecReynolds' Chard Corp, I - 1/2 Yon Pickup Truck 1.517.37' Hr. Webber moved to concur in the recommendation of the committee add to direct the City Attorney to prepare the proper Ordinance accepting the bids as recommended. The motion was seconded by BF. Oecher and adopted. #esavs. R~ Paul Fnltz, Gordon C~ StClalr and Robert A. Davies. representing bidders'on certain of the equipment, appeared before Council and discussed certain lof their bids submitted to prime suppliers as sub-contractors. Hr. Webber stated that he has noticed in numerous municipal publications that a good many cl~ies are changing over from collecting garbage and trash with their Dun employees and equipment and contracting for the service and moved to direct the City ganager to study this question, with particular reference to the cost of the tmo methods, and to submit his report thereon. The motion mas seconded by Hr. Wheeler and adopted, Hr. Dillard voting no. UNFIHISBE~ BUSINESS: ZONING: Council at its meeting of February 24, 195~, having tabled until its next regular neeticg the requests of Hr. James g, Turner and of gr. Clyde C. Durst, et al, that their properties located on the north side of RcClanahan Street S. W., between Carolina Avenue and Crystal Spring Avenue, be rezoned from Special Residence District to Business 5istrict, which requests the City Planning Commissio: has recommended be denied, pending receipt from the attorney for the petitioners as to mhether or not they desire a public hearing in the matters, the City Clerk reported that Mr. A, Linwood Dolton, Jr., representing the petitioners, has advised that his clients wish to mithdram their petitions without prejudice. Mr. Wheeler moved to concur in the request of Mr. ltolton and to remove the petitions from the docket without prejudice, The motion mas seconded bi Mr. Decker and adopted, CONSIDERATION OF CLAIMS: NONE. INTRODUCTXON.A~D.CONSID£RAYIOH OF ORDINANCES AND RESOLUTIONS: PURCHASE OF PROPERTY: Council at its meeting of February 24, IR50, having app~ove~ ~ ~e~o~m;n~a~lon of the City Planning Commissi ........... d in bl the CitI Manager, that the City of Roanoke acquire Lots 24-39. inclusive .Block 20, Riverlanl Road Addition, for public mse, and having directed the preparation of an Ordinance providing therefor, Mr. Wheeler offered the following emergency Ordinance: . (#13315) AR OROI~A~CE authorizin~ the acceptance of the offer of W, L, Bowyer to sell the.City certain real estate situate in the RJverland Road Addition authorizing and directing the proper City Officials to do the necessary'in'the premises; and providing for an emergency. (For full text of Ordinance, see. Ordinance Book HoD 22, Page 433°) MF~ Wheeler moved the adoption of the Ordinance. The motion was.seconded by Rr.~Decker and adopted by the roi. lowing vote: AYES: Council me'bors Decker, Dlllard,~Plckett, Webber, Wheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Hr. West absent) 483 · 464 AIRPORT~ Council at its meeting of February. l?, 1950, having concurred in a recommeodation of the City Manager concerning changes in the City C~de dealing with certain ret*nlm ut the Roanohe Municipal Airport nnd establishing a rental for radio tom'rs on Mill Mountain, Mr. Decker moved that the folloulag Ordinance, repealing Section 6, Chop*er l, Title VIII. o! The Code of the City of E~anoke, 1956, be placed upon its first reading: (n13316) AN*ORDINANCE repealing*Section 6, of Chop*er 1, of Title VIII, of The Code of the City ~f Roanoke. 1956, effective as of the 9th da~ o~ April, 1958. DE IT ORDAINED by the Council of the City of Eoanohe that Section 6. Chap*el 1. of Title rill. of ~he Code of the City of Roanoke. 1956. be, and said section is hereby, repealed, effective as of the 9th day of April, The motion mas seconded by Mr. Decher and adopted by the folloming vote: AVES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ............... NAYS: None ....... ~ ......... O. (Mr. West absent) Mr. Wheeler then nnved th;t the following Ordinance, amending Chapter'3, Title VllI, of The Code of the City of Roanoke, 1956, be placed upon its first reading: (niSei?) AN ORDINANCE ~o amend Chapter 3, of Title VIII, of The Code of the City of Roanoke, 1956. by adding a new section thereto, which said aeu section shall be effective as of the 9th day of April, 1958. BE IT ORDAINED by the Council of the City of Roanoke that Chapter 3, 'Parks and Recreation' of Title VIII. *Public Buildings and Property' of The Code of the City of Roanoke, 1956, be, and said chapter is hereby, amended by adding a new section thereto, said section being Sec*lan'IS, which shall bec;me'effective as of the 9th day of ipril, 1959. and shall read and provide as follows: Sec. 15. Charges f~r the use of Rockledge Inn, Mountain View and'transmitte! space on Mill Mountain. The folloming charges shall be made and collected by the department of parks and recreation prior to the issuance of a permit for the use thereof by other than a state or municipal agency: Rockledge Inn, for each day*s or night*s use ......... $25.00 Mountain View, for each 3 hourst use after 9:00 P. M., daily, and on Saturdays, Sundays and holidays ........ If the use of any such building be under the auspices of a purely charitable, educational, character-building or recreational organization and no charge be made for admission to said building nor collection taken among persons in attendance, the city manager may, upon proof of such fact, certify to said department that such use of said building by such organization shall not be subject to the charge hereinabove provided. Transmitter space on Mill Mountain ....... $15.00 per month. The motion was seconded by Mr. Decker and adopted by the following vat AVES: Council members Decker, Dillard, Pickett, Mebber. Wheeler, and the President, Mr. Young ............... NAIS: None ...... ~ .......... 0. (Mr. West absent) Mr. Mheeler then moved that the following Ordinance, amending Section 11, Chapter 5, Title VIII, of The Code of the City of Roanoke. 1956, be placed upon its first reading: (a13310) AN ORDINANCE to amend and reordaia Section 11, *Hangar building rentals* of Chapter S,.*Air~ort* of Title VIII, *Public Buildings and Property' of The Code of the City of Roanoke, 1956, us amended; and to further amend the afore- said title and chapter by adding a new section thereto, said new section being Section 21, *Land lease",. BE IT ORDAINED by the Council of the City of Roanoke aa follous: 1. That Section 11, 'Hangar building rentals* of Chapter:S. 'Airport' of Title VIII, *Public Buildings and Property" of The Code of the City of Roanoke, 1956, as amended, be, and said section is hereby, amended and reordalued so as to read and. provide as folloms: Sec. 11o Hangar building rentals, The following charges shall be made for use of the hangars · at the airport: (a) Individual Hangars .......... Per month $ 20,00 (b) Individual Hangar Offices, .. ..... Per month 10,00 (C) Quonset Ilangars ............ Per month 75.00 (d) Hangar ~3 ............... Per month 175,00 (or $1.25 per square foot per year) (e) Hangar w2 ............... Per month 225.00. 2. That the aforesaid Chapter 5 of Title VIII be, and the sane is hereby, amended by adding an additional section thereto, said section being Section 21. *Land lease' which shall'read and provide as follows: Section. 21. Land lease. The following charge shall be made for ground rental of large tracts of unused land at the airport: Agriculture ............. Per acre $10.00 per year. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Pickett. Webber. ~heeler. and the President, Mr. Young .......................... 5. NAYS: Mr. Dillard .......... 1. (Mr. Nest absent) MOTIONS Ah~ MISCELLANEOUS BUSINESS: HEALTH DEPARTMENT: The City Clerk advised Council that Dr. U. W. Mnssie. who was appointed as a member of the Board of Housing and Hygiene for a term of two years beginning February 1, IgSO, by Council at its meeting of February 3, 1958, has advised that he cannot accept appointment to the Hoard because of his obligatio to his patients. The Mayor directed that the matter of appointment of a replacement be placed on the agenda for the next regular meeting and requested that Council consid* persons to be nominated therefor at that time. There being no further business, Council adjourned. APPROVED / 466 COUNCIL, REGULAR MEL*TIMG, Monday, March 10, 1950, The Council of the City of Roanoke met in regular meeting in the Dustings Court Room In the Municipal Building, Monday, March 10, 1950, at p, m,, the regular meeting hour, with the President, Mr. Young, presiding. PRESENT= Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................. 6. ABSENT: Mr. Mest .............. 1o OFFICERS PRESF~T: Mr. Arthur S. Ouenso City Manager, Mr. Randolph G, Whittle City Attorney, Mr. Marry R. Yaten, City Auditor, and Mr. J. gobert Thomas, City Clerk. IN¥OCATION: The meeting was opened with a prayer by Dr. Richard R. Beasley, MINUTES: Copy of th~ ~i~u~e~ ~f~t~e~r~g~l~r.m~eting held on Monday, March 3, 1950, haying been furnished ~a~h.m~mbe~ ~f. Coupc~lo pppn ~otion of Mr. Mheeler, seconded by Mr. Decker and adopted, the reading was dispensed with and. the minutes approved as recorded. HEARING OF CITIZENS:UPON PUBLIC MATTERS: NONE, PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a petition from Self Service Stations, Incorporated, r~questing that a portion of Sanford Avenue, S. M.. and an alley'lying between Sanford Ave~u~ ~n~ ~o~o~i~l'A~e~ue,'S. M.. extending southwest- war~ly from Drandon Avenue. be vacated, discontinued and closed, and that Council appoint viewers to view the said property and report thereon as provided by law. Mr. Webber moved to refer the petition ~o the City Plannin9 Commission fo~ study and recommendation and to. direct t~at a ~esolution appointin5 sa'id viewers, as prepared by the attorney for the petitioner, be submitted to the City Attorney for his approval ~nd subsequent presentation to Council. The motion was seconded by Mr. Wheeler and adopted. STREET LIGHTS: The City Clerk presented a communication from the Appalachian Electric Power Company, transmitting a report showing the installation of two 2500 lumen street lights in the city during the month of February, 1958. The communication and report were ordered filed. PURCMASE OF PROPERTY-PARKS AND PLAYGROUNDS: The City Clerk presented a communication from the Forest Park Pa~ent-Teacher Association, advocating the pur- chase Of the Dateman property in the northwest section of the city as a recreatlona center for the Washington Meights area, this matter having previously been before Council at its meeting of January 20, 1959, and tabled for consideration. Mr. Dillard moved to refer the question of purchase of the Bateman property to a committee to be appointed by the Mayor for study and recommendation to Council, The motion ~as seconded by Mrs. Pickett and adopted; whereupon, the Mayor appointed the following committee: Mr. Benton O. Dillard, Chairman, Mr. Alan Co Decker and Mrs. Mary C. Pichett. REPOgTS OF OFF/CF. RS: TRAFFIC-GHADE CROSSINGS-STREETS AND ALLEYS: Council at its meeting of February 24, 1958, having dire.cted the C~ty #nnnger to seek the approrol of the Norfolk and Yestern Rnllmny Company of · restudy, of. the downtown por.tion of n pro- posed extension of D, S, Route 220, between Hunter Memorial Dridge and Franklin Road, with a view of providing better and safer access to the southeast section of the city pver the Norfolk and Western Railway lines in the vicinity of Tazewell Avenue, S, E., such restudy to be performed by employees of the City of Roanoke working in excess of their normal hours at an estimated cost of $3,000,00, the said Railway Company to be requested t~ pay one-half of the cost thereof, the City Manager transmitted a letter from Mr, A, fl, Stone, Chief Engineer of the Norfolk and Mestern Railway Company, advising t~nt the said company will cooperate in the and* study agreeing to pay one-half of the cost thereof estimated to be $3'.000.00. #;. Webber Moved to instruct the City Attorney to prepare a Resolution authorizing t~e study as recommended by the City Manager and providing for partic- ipation i~ the cost thereof by the Norfolk and Mestern Railway Company on the basis of its agreement. The motion was seconded-by Mr. Rheeler and adopted. BUDGET-MATER DEPARTMENT: The City Manager reported that certain Civil Defense equipment, includin9 radio receiver-transmitter units, is assigned to and being used by the Mater Department in its daily operations and ~hat under an agree- Ment between the City of Roanoke and the Federal Government such equipment must be Maintained in operational condition at all'tiMes, the City Manager· stating that due to certain FCC regulations it will be necessary to replace some of the radio units at this t~me and that by reason of bookkeeping procedures in the office of the City ~udltor he has not beenable to use:replacement reserve, funds for ~he. purpose of replacing the said units, the CityManager requesting that Council adopt a Resolution authorizing him to replace Civil Defense equipment as necessary from time tO time brought about by use of said equipment in the normal daily operations of the Mater Department. Mr, Mebber moved to concur in the recommendation of the City Manager and offered the following Resolution: (n13319) A RESOLUTION authorlzin0 the CityManager. to replace Civil Defense equipment used by the Mater Department from the Replacement Reserve Account of said department. . *~ ,., ("For full text of~ Resolution. see Resolution Book No. 22.,Page Mr. Kebber moved the adoption or, the Resolution. The motion was seconded By Mr. Mheeler and adopted by the following vote: . ,,:~ ,, AYES: Council members Decker, Dillard, Pickett, Kebber, Mheeler.. and the · ~ NA~S:~None-- ............. ~-0~ ~(Mr. Mestabsent) ,~ ,REPORTS: TheCity Manager presented a report' Of the Departmentof Public Melfare for the mouth of January, 195§, and reported other departmental reports on file in ~is office. The report was ordered filed. 468 REPORTS OF COM#ITTEES: : PURCHASING DEPARTMENT: Council et its meeting of March 3, 1950, having referred to · committee composed of Messrs. Arthur S. Omens, Chairmen, Alee Decker, John L, Jeetworth and R. B, Moss for study asd recommendation bids received on certain motorized equipment, the committee submitted its. report, recommending that the following qualifying bids be accepted: 'A. maker Brothers I Tractor with Dsckhoe end $ 5,841.00 Ducker complete Our reasons for ~ecommending the purcbase or the above equipment are as f.olloms: It is completely manufactured by one concern and has local service and repair parts available in Roanoke. Its six spool valve gives a flexibility of movement for losdAng, at. any angle and its boom has a longer reach than the others quoted. B. Rish Equipment I Motor Grader 11,993.00 Company C. Rlsh Equipment I Bucket Loader 13,762.4§ Company D. 6. L. Cornell 2 Tractor Mowers with three Company gang reel type mowers 7,T40.00 The Cemmittee's reason for. recommending these mowers with the 52 horsepower motor is: Many of the City Parks have a very hilly terrain, and in order to properly mow them it will require a motor with a minimum 52 horse- power motor. E. G. L. Cornell I Rake with blade and wheels 396.00 Company G. L. Cornell I Shredder Company Shaffer Equipment I - 12" Brush Chipper 2,641.00 less and Supply Company 2% 10 days Rt. H. L. Dooker. representing the International Harvester Company, and Mr. S. W. Cox, representing the Shackelford-Cox Truck and Machinery Company, appeared before Council ~nd stated that they bid on Items *A# and #D#, their bids being lower than those recommended for acceptance by the committee. Mr. Marten L. Baker. representing Baker Brothers. Incorporated, appeared before Council and stated that his bid under Item #A# was the only bid submitted mhich met the city's specifications. : Mr. George Cornell, representing D. L. Cornell Company, appeared before Council and stated that the bid of his company for Item *D# was the only bidsubmit ted which metthe city's specifications. The City Manager advised Council that the recommendations of the committee were the lowest bids received which met the specifications of the city for the equipment to be furnished. Mr. Decker moved to concur in the recommendations of the committee and offered the following Resolution: (z13520) A RESOLDTIOH accepting £ertai~ proposals for supplying motorized equipment; authorizing the City Purchasing Agent to issue the requisite purchase orders; and rejecting all other bids. (For full text of Resolution. see Resolution Boob NO. 2Z, Page Hr. Decker moved the adoption or the Reaolutioeo The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker* Dillard, Pickett, Mebbero Wheeler, end the President,. Hr. Young .... ~ .......... 6. NAYS: None .......... ~ ...... O. (Hr. Meat absent) . UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION ARD CONSIDERATION OF ORDINANCES AND RESOLUTIONS:. AIRPORT-PARKS AND PLAYGROUNDS: 0rdinae~ce No. 1331&, repealing ~ection Chapter. 1, Title VIII. of The Code of the City of Eoanohe, 1956. relating to charge for the use or Rochledge Ina and #ountaln View. having previously been before Council for its first reading, r~ad and laid over. was again before the body. Hr. Wheeler offering the following for its second reading and final adoption: (#13316) AN ORDINANCE repealing Section 6. of Chapter 1. of Title VIII. of The Code of the City of Roanoke, 1956, effective as of the gth day of April, 1950. (For full text of Ordinance, see OrdiELance Book No. 22, Page 434.) Mr. Wheeler maved the adoption of the Ordinance. The motion was seconded by Hr. Decker and adopted hy the folloming vote: AYES: Council members Decker. Dillard, Pickett. Webber, Wheeler, and .the President, Mr° Young .............. NAYS~ None ................. O. (Nr. N~st absent) AIRPORT-PARKS AND PLAYGROUNDS: Qrdina~ce No. 13317. amending Chapter 3, Title VIII, of The Code of the City of Roanoke, 1956, by adding a new section there to, said section being Section 15. relating to charges for the use of Eockledge Inn Mountain View and transmitter space on Mill Nountain, having previously been before Council for its first reading, read and laid over. was again before tbe body, Mr. Decker offering the following for its second reading and final adoption: (x1331T) AN ORDINANCE to amend Chapter 3. of Title VIII, of The Code of the City of Roanoke, 1956, by adding a new section thereto, which said new section shall be effective as of the 9th day o~ April, 1959. .(For full texL of Ordinance, see Ordinance Book No. 22, Page 434.) Mr. Decker moved Lhe adoption of the Ordinance. The motion was .seconded by Mr. Nbeeler and adopted by the following vote: AVES: Council members Dec,er. Dillard, PJchett. Webber, Wheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Mr. Nest absent) :: AIRPORT: Ordinance No. 13310. amending ~ection 11. Hangar Building Rentals. of Chapter 5, Airport, Title VIII, Public Buildings and Property, of The Code of the City of Roanoke. lgSb, and adding a new section thereto, said new section being Section 21. Land Lease, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Decker offering the following for its second reading and final adoption: (x1331D) AN ORDINANCE to amend and reordain Section 11, 'Hangar building rentals* of Chapter 5, 'Airport' of Title VIII. *Public Buildings and Property~ of 47O The Code of the City of Ro&noke, 1956, as amended; and to further amend ~he afore- said title and chapter by adding n hem section thereto, said neu section beimg Section 21, 'Land lease'. : (For full text of Ordinance, see Ordiemace Oook No. 22, Page A35.) Hr. Decker moved the adoption o~ the Ordinance, The motion mas seconded by Hr. Wheeler and adopted bT the following vot~: AYES: Council members. Decker, Dillard, Pickett, Webber, Wheeler, and the President, Hr.-Toung ............... NAYS: None ............ % .... O. (Mr. West absent) OEFART#ENT OF PUBLIC WOR£S: Council at its meeting of Rarch 3, 19Sg, having directed the preparation of a Resolution accepting certain bids as recommended by its comaittee for certain motorized equipment, Mr. Dec~er offered the following Resolution: (n13321) A RESOLUTION accepting certain proposals for supplying automotive equipment; authorizing the City Purchasing Agent to issue the requisite purchase orders; and rejecting all other bids. (For full text of Resolution. see Resolution Dook No. 22. Page 4~0.) Mr. Decker moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker. Dillard,. Pickett. Webber, WheeLer. and the President, Mr. Young ............... NAYS: None ............ ~ .... O. (Mr. West absent)~ STREETS AND ALLEYS: Council at its meeting of February 24. 1958, having directed the preparation of a Resolution~extendtng the contract of Retch 6. 1956, between Virginia Asphalt Paving Company. Incorporated; and the City of Roaaoke~for the paving of streets at various locations in the city. Nr. Wheeler offered the following Resolution: (=13322) A RESOLUTION extending the contract of March 6. 1958, between Virginia Asphalt Paving Company, Inc.,and the City of Roanoke for the paving of streets at various locations lm the City.- (For full text of Resolution, see Resolution Book NO. 22, Page 439.) Mr. Rheeler moved thendoption of theResolution. .The notion was~seconded by Mr. Decker and adopted by the following vote: . ,AYES: Council members Decker, Dillard. Pickett, Webber, Wheeler, and the NAYS: None ................. O. CMr. West absent) LEGISLATION: The Mayor stated that considerable effort is underway through- out the United States by governmental agencies, as well as private agencies, to relax thefederal~controls on railroads-in order to permit said railroads to ~ . establish lower rates in certain instances.so that they.might meet.competitioa~ from other transportatiQn.mediaoaan equal basis and toabandon portions of:their lines which are no longer needed or required for the efficient operation of.the raj transportation system of the nation, the Mayor pointing oat that railroads are unde~ more rigid control.from the Federal~Government thanany other~transportation media and by reason thereof are suffering heavy ecooouic losses which adversely or~ectn the nation.generally and particularly those conuunities having large rail- road installations, the Reyor suggesting that since Roaeohe is a rail center tad vitally affected by this condition it might be well for Council to make some e~pr~ssion to the members of Congress from Virginia. After some discussion of the matte~, Hr. Webber offered the following Resolution: (z13323) A RESOLUTION expressing to.the Congress of the United States that the Council of the City of Roanoke, Virginia, is in favor of legislation to relax federal co,trois on.the railroads in this copntry. (For full text of Resolution, see Resolution Book Ng. 22, Page 440.} Mr. Webber noredthe adoption of the ResolutJon.~ The motion was seconded by Mr. Wheeler and adopted by the following rote: AVES: Council mushers Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ............... 6. NAYS: None ................. O. (Mr. West absent) MOTIONS AND MISCELLANEOUS BUSINESS: BEALTD DEPARTMENT: Council at its saetia9 of March 3, 1958. baviog tabled for consideration at its next regular meeting the appointnent of a meeber of the Board of Housing and Dyglene for a tern of two years beginning February 1, 1950, the hatter mas again before the body. The matter was tabled until the next regular meeting of Council. There being no further business, Council adjourned. APPROVED Pre~id?t '/ 472 COUNCIL, SPECIAL REETING, Tuesday, Notch 11~ 1958. The Council of*the City of Roanoke'met in special meeting in the Conical Chamber in the Municipal Building. Tuesday, March 11, 1959, at'T:30 o'clock, p. m., with the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard. Pickett. ~ebber, Wheeler, and the President', Hr; Young- ...... ~-~ ........ 6. ABSENT: Mr. West .............. 1. OFFICERS PRESENT: Mr. Arthur S;'Omens~ CityManager, Mr.' Harry R. Yates, City Aeditor,'and Mr. J; RobertThomas, City Clerk. JOBCLASSIFICATION:.The Mayor announced'that the special meeting-mas set by Council at its regular meeting or March 3~ 1958, to hear complaints from hourly paid employees of the City of Roanoke in connection math the Salary and Mage Plan of the city. at the request of Mr. Cid ~. Undermood, a shovel operator in the street repair forces, who made tho request on behalf of a number of the hourly paid ~mployees of the city. Mr. Undermood appeared before Council and stated that a number of hourly paldcity employees has suffered a reduction in normal weekly pay by reason of reducing murk hours to forty hours per week. whereas the normal moFk meek for truck drivers and equipment operators had been fifty-one hours in general and up to sixty hours in some specific cases, that mhlle*the new pay plan has provided approxlmatel] a tmelve per cent increase in the hourly mage of the ctty*s employees, the net result has been a reduction of anymhere from $3.00 to $12.00 per meek in the normal meehly pay Of these employees, that all of the employees are in favor of a forty hour mark meek, but feel that hourly mages should be increased in amounts sufficienl to provide the same normal meekly pay as was received by the employees prior to the adoption of a forty hour meek, homever, if this cannot be done. the employees would like to have a forty-five hour work Meek at the present rates, that in his opinion overtime for which pay at time and one-half will be received mill not offset the losses in normal weekly pay because it has been made fairly clear by the city's administration that no overtime work will be authorized except in cases of emergency In reply to a question from Mr. Webber. Mr. Underwood stated that he and.the other hourly paid employees of the city believe that the city's present hourly pay scale is fair and in line with other employers in the community. Mr. Russell J. King, a truck driver in th~ Sanitary Department. appeared and stated that he and others in his group prefer to stay On a forty hour work meek if the city Mill grant a one step increase mithin their respective grades. Appearing in support of the statements made by Mr. Undermood mere Mr. John S. Sloan, a tractor operator in the Sanitary Department, Mr. Clarence H. Tyree, a laborer in the Sanitary Department, Mr. A. M. Waldron, a mechanic at the City Garage Mr. Leonard W. Booze, a truck operator in the Sanitary Department. Mr. R. B. Thornburg, a truck operator in the Parks and Recreation Department. Mr. T. W. Powel] foreman in the Sanitary Department, and Mr. F. M. #ado, a foreman in the Water Department. ~ Mr, Booze farther informed Council that his creu is collecting refuse in for~y hours per week this year over the sane route that it collected refuse in fifty-one hours per week lost year. The City Manager advised Council that while it ls true that some employees. particularly truck end equipment operators, have less normal weehly pay under the new Salary nnd Mege Plan for n forty hour ueek than they received prior to the-new plan for longer hours of work, it is equally true that the employees ere receiving good wages based on wage scales in the community, and in addition, are receiving added benefits such ns vacation, sick leave, end pension rights which auount to tnenty-~wo per cent.of the employees' normal.pay, that.uhile the plan has not been in effect but a couple of months, many of the employees have received overtime pay ranging from $3.00 to $105.00 each which will largely offset their reduced nornnl pay. that in his 9pi,ion the plan is working out very well and if any change is made in the boors of the normal work week for the employees it will result in setting the plan and in many instances having employees earning mare thnn their supervisory personnel, that in his opinion the plan mill work out in the long run to the.benefit of the employees. The Mayor advised the employees present that their complaints mould be taker nnder consideration and directed the City Clerk to place the matter on the agenda for the next regular meeting of Council. There being no further business, Council adjourned. APPROVED 474 COUNCIL, REb*ULAR~MERTING, Monday, March 17, 1950~ The Council or the City or Roanoke met In regular meeIlng In the Hastings Court Room in the Municipal Building, Monday, March 17o 1950, at 2:00 p. m., the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard, Pickett, Mebber, Mheeler,~aad the President, Hro Young .................. ABSENT: Mr. Most .............. OFFICERS PRESEJ4T: Mr. A'rthur S. Owens, City Manager, Mr. Randolph 6. Mhlttl~ City Attorney, MF~ Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by Dr. J. Melvin Trower. Pastor, Central Methodist Church. MINUTES: Copies of the minutes of the regular meeting held on Monday. March 10. lgSO, and the special meeting held on Tuesday. March 11. 1990, having been furnished each member of Council. upon motion of Mr. Mheeler, seconded by Mr. Deckex and adopted, tho reading mas dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: BUSES: Pursuant to an advertisement.calling for bids for a franchise for the placing of advertisiog benches at various bus stops and other suitable location~ published in The Roanoke World-Moms on February 21 and 20. 1950. and on March ? and 14, 1950, at the direction of Council. the following bid mas received: Mr. Joseph W. Bazlegrove, $4.00 per bench per annum. Mr. Webber moved that the bid of Mr. Joseph M. Hazlegrove be accepted and that the following Ordinance be placed upon its first reading: (=13324) AN ORDINANCE granting to Joseph W. Hazlegrove a franchise for iadvertlsing benches to be placed at various bus stops and other suitable and approv, ed locations. WHEREAS, bids have heretofore been lawfully advertised for the granting of franchise for advertising benches to be placed at various bus stops and other suitable and approved locations in the City of Roanoke and at City facilities beyond its corporate limits; and WHEREAS, the aforesaid Joseph M. Bazlegrove made the best bid for such franchise, which bid and the terms and conditions of the franchise are as set forth in this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanohe as follows: 1. That there be, and is hereby, granted to Joseph W. Hazlegrove, here- inafter called *Permittee#, a special, non-assignable (except with the approval of the Council) privilege to install and maintain advertising benches at various bus stops and other locations, without the flag area and mithin the City of Roanoke and at City facilities beyond its corporate limits, as each of said locations is from time to time approved by the City Manager. 2, Tho Permlttee shall pay a fee of $4.00 per annam, or fractional part thereof, for each bench so installed on City property provided, homever, that at no time during the life of this franchise shall the annual fee payable to the City be less than $200.00 per lear or any portion of any calendar year. The first payment !for each bench shall be made after its location has been approved by the City Manager and prior to its Installation. Subsequent annual palments on existing benches shall be made on or before March I of each ensuing calendar year, 3. The special privilege granted hereby shall be for a period of ten (IO) years next ensuing from. the effective date of this ordinance. 4. That the structure, design and style of the aforesaid benches, and each of them, shall be subject ~o the approval of the City. Manager and. so long as any bench remains upon an approved location, it shall be maintained in a neat and proper manner and In good condition. S. The special privilege hereby granted is further aport the condition that during the entire term hereof the Permittee shall indemnify and save and hold the City harmless of and from any and all liability, claims OF expenses of any kind whatsoever caused by or 9romingont of the construction, maintenance, operation, relocation, discontinnance or abandonment of the special privilege hereby granted, and during said term the Permittee shall procure and keep in force a policy or policies of liability insurance in a good and reputable insurance company authorize to do business in the Commonwealth of Virginia indemnifying the City and Pernittee in at-lea~t the sum of $25,000.00 for bodily.injuries to. or dealth of. one person from any one accident~ mod for at least the sam of $§0,000.00 for bodily injuries tg. or doalth of, more than one person fromany one accident, and $$.000.00 propert1 damage. And. the Permlttee shall also furnish u performance bond in tho amount of $1,000.00 with corporate surety authorized to do business in the Commonwealth of Virginia, in form to be approved by the City Attorney, to secure complete perfor- mance of all the terms, provisions, conditions and obligations as set forth in this ordinance. The special privilege hereby granted shall not become effective:until said insurance and performance bond are effective nnd the policy or policies and th~ bond. evidencing the same. together mlth paid premium receipts, are filed mith the City Clerk. 6. Eachand every right~ privilege, authority.and franchiseby this ordinance gr~nted shall, mithout the passage of any resolution, ordinance, or any action of any kind~,whatsoever~ on the part of the City of Roanoke, be null and void and absolutely or, no,effect upon the failure of the Permittee to observe and perform any a~ all of the conditions of this ~rdinonce and amendments thereto, and the conditions herein contained~:for a period of-ten (10) days:afternotice shall have been mailed the Permittee by registere~ mail at I16oB Kirk Avenue, S. Roanoke, Virginia, a~ the direction of the*City,Homager of the:City of Roanoke, to the effect that, said City will,.if said failure is not corrected before the expira- tion of tea'(lO) days' from the date of said notice, consider this franchise null and void and absolutely of no effect because of such failure. And, in the event of the forfeiture of this franchise on account of the breach of any of the conditions ;475 476 herein, or of said ordlnnnce, ns.amended, or upon the expiration or this franchise, the Permitteo shall promptly and ut his own cost nnd expense remove nil benches from City property and restore the public property from which the sane is removed lu good condition, In response to a question from Hr. Dillard, the City Attorney advised thst the paragraph numbered one in the Ordinance, whJcb provides that the benches are to be installed and maintained at such locutions as each of said locations is from time to tine spprored by the City Hsnuger, means that the City Manager, In. addition to approving the initial installation of the said benches, nay also require that uny bench be removed from a particular location ut nny time upon his direction, The motion of #r. Webber was seconded by Hr, Wheeler and adopted by the folloming vote: AYES: Council members Decker, Pickett, Webber, Wheeler, and the President, NF. Young .......................... 5. NAYS: Mr, Dillard .......... 1. (Hr. West absent) PETITIONS AND CORMUNICATIONS: LEGISLATION-BUILDINGS: The City Clerk presented a communication from Kossen Gregory, advising that la response to Resolution No. 13279, the representa- tives to the General Assembly from the City of Roanoke offered an amendment to Section 50-811.1 of the Code of Virginia which allows cities the same right countie: have under the section to make prorata assessments of all new buildings when they are aubstantially completed and fit for use. occupancy, and enjoyment, Mr. Gregory advising further that the amendment was adopted by the General Assembly and that he assumes it.will be approved by the Governor and become effective on June 28, 1958. The communication was ordered filed. BONDS-SCHOOLS: The City Clerk presented to Council the Certificate of Canva for the Special Election held on Rarch 11. 1958, to take the sense of the free- holders on the question of issuing $0.000.000.00 of School Bonds, which is as follows: 'CERTIFICATE OF CANVASSEIlS We. the undersigned Canvassers of Election, appointed by the Electoral Board of the City of Roanoke, pursuant to an Ordinance . adopted by the Council of the City of Roanoke, Virginia, on the 14th day of October, 19577 to toke the sense of the freehold voters, of the city as therein provided; said Ordinance being Ordinance No. 13205 and entitled: *An Ordinance directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the freehold voters of the City of Roanoke will approve an ordinaaoe, No. 13180, duly adopted by the Council of the City of Roanoke on the 30th day of September, 1957.* do hereby certify that at un election held on the llth day of March, 1959. votes mere cast as follows: QUESTION: Shall Ordinance No. 131HO, adopted by the Council of the City of Roanoke on the 30th day of September, lqS?, entitled *An Ordinance to provide for the issue of bonds not to exceed Eight Million Dollarn {$6,000,000} to defray the cost of permanent public improvements, to-mit: ~cqnisl- tion of sites for, construction of, completion of, additions to and improvements in public school buildings," be approved? FOR 6408 AGAINST 5259 GIVEN under our hands this 13th day of Rarcho 19SO. (Signed) O, S. ClarR (Signed) Ruby H. Ray · (Signed) R~ J. Pllson (Signed) J. Raymond Pace (Signed) B. T. Wright ATTEST: (Sinned) J. Robt. Thomas City Clerk' Hr. Wheeler moved to file the Certificate. The motion mas seconded by Mr. Decker and adopted. REPORTS OF OFFICERS: STATE BIGHWAYS: The City Reneger*reported that he bas received from the Virginia Department of Highways notice of a public hearing to be held on'April 195H, at 9:30 o'clock, a. m., at Burlington Elementary School. concerning n section of the interstate route proposed ~o ~e ~onstructed north of the City of Roanohe. and suggested that prior to the hearing Council adopt a Resolution advising the Virginia'Highway Department end the U. S. Bureau of Public Roads of the city*s need: and desires in connection with the proposed spur from the said highway into the cit~ Pointing out that the city would have definite interest in the points of access to the spur and in the establishment of east-west crossings mbere motorists might cross the spur. Mr. Webber moved to direct the City Attorney and the City Manager to prepare a Resolution for the consideration of Council, based upon a plan to be proposed by the City Manager. The motion was seconded by Hr. Whee~er and adopted. AIRPORT: The City Manager reported that Mr. Ernest Ramey, lessee of a acre tract of land at ~he Roanohe Municipal Airport used for a House Trailer Court has notified him that when his lease expires on August 31. lg5O, be desires to transfer his business opera~lons to Mr. Eugene B. Dams, et ux. who would'like to have a'four year lease on the same property under the same terms and conditions as contained in h'is lease, the City Manager recommending that Council grant such a lease to Mr. and Mrs. Dams. Mr. Webber moved to direct the C~ty Attorney to prepare an Ordinance pro- viding for the leasing for a period of four years of the 1.60-acre tract of land presently l~ased by Mr. Ernest Ramey to Eugene B. and Dlllie D. Doss under the same terms and conditions as contained in Mr. Ramey's lease. The motion was seconded by Mr~ Wheeler and adop~ed. PDRCHASE OF PROPERTY-~RAFFIC-STREETS AND ALLEYS: The City Manage~ reported that he ha~ had furthernegotiation~ with R ...... J. S. and S. A. Barb .... Agents for the Patty F. Barbour Estate, for the purchase of certain la~d required for the widening of the street at Main Street and Brandon Avenue. S. ~., having offered the said agents $4,140.00 for the land required, and that Messrs. Barbour have countere( with an offer to sell the city the property for SH.O00.O0, the City Manager recom- mending the adoption of an Ordinance directing condemnation of the property since the city and the Darbours ore hopelessly apart. Mr. Dillard moved to take the matter under consideration. The' mo~ion was seconded by Mr. ~ebber and adopted. '477 478 REPORTS OF ~O#MITTRES~ CITY ;AI~ Council:et its meeting or February 3, 1950, having motherland n committee c~mpospd or #easts. Mailer Cleans Droylep t~ select an nrohitect to mahe a survey of the possibility of extend fog the existing Jail stop the Municipal Oulldlag. to agree on compensation therefo~ end present to Council rot its adoption a Resolution providing for the employment of such an architect, the connlttee submitted its report, advising that It has a~lected Mr. D. N. Eubanh or the ~lrm of Eubnnh and Cnldmell, Incorporated. who has agreed to male the required study for the sum of $1DO.O0, and transmitted a propose( Resolution ubich it recommended be adopted. Mr. Decker moved to concur in the recommendation of ~he committee and offered the following Resolution: (813325) A RESOLUTION appointing Hr. D. N. Eubn~k ~o make n survey of the City Jail. (For full text of Resolution, see Resolution Doo~ No. 22. Page 441.) Mr. Decher moved the adoption of tie Resolution. The notion was seconded by Mr. Dillard and adopted by the following rote: AYES: Council members Decker, Dillard, Pickett. Webber. ~heeler0 and the President, Mr. Young ............... NAYS: None ................. O. (Mr. Mast absent) Mr. Dillard then offered the [ollo~lng emergency Ordinance appropriatiog $1OO.OO for the ~nyment of the snid architect: (m13326) AN ORDINANCE to amend and reordain Section ,#30. "Jail", of*the lgS~ Appropriation Ordinance,' an~ providing for an emergency. (For full text of Ordinance. see Ordinance Dook No. 22, Page 442.) MF. Dillard moved the adoption of the Ordinance. The notion was seconded by Mr. Docker and adopted by the r~lloming v~te: AYES: Council members Decker, Dillard. Pickett. ~ebber, #heeler, and the President. Mr. Young ............... 6, NAYS: None ................. O. (Mr. West absent)' UNFINISHED BUSINESS: JOB CLASSIFICATION: Council at a special meeting of March 11, 1958. having hoard n group of hourly paid municipal employees voice certain complaints concernin the Salary and Wage Plan, th~ matter was again before the body. RF. Mebber moved to refer the matter to the City RaVager to be handled administratively under the Salary and Wage Plan. The motion Was seconded by Mrs. Pickett and adopte~. '' CONSIDERAYION OF CLAIMS: NONE. XITIRODUCTION'ANb CONSiD~ATION OF ORDINANCES AND RESOLDTIONS: STREETS AND ALLEYS: Council at Its meeting of March 10, ~95~, having received a request of Self S~rvice Stations, Incorporated, for the appointment of viewers in connection with its request for the closing of a portion of Sanford Avenue, S. M., and an alley lling between Sanrord Avenue and Colonial Avenue, southwest of Brand's Avenue. HFS. ~lc~ett offered the following ResolutiOn: ~s~mmm (e13327) A RESOLUTION providiog for the appointment of five freeholders. any three of mhom may act, as viewers in connection with the petition of Selt Service Stations, Incorporated. to permanently vacate, discontinue and close, for n portion of its length, nn alley in fllock 4, according to the Map of Colonial Heights, lying between Lots 9. IO. 19 nad 20, of that Hlock, end extending from the intersection of said alley uith Hrnndon Avenue, S, N.. in a southwesterly direction 136 feet to the northessterly lines of Lots O nad 10. Block 4, and lying between the property of Self Service Stations. Incorporated; also, that portion of a street known as Sanford Avenue, lying between Lots 19 and 20. Block 4. and Lots 9 end 10, Block 9, of the Hap of Colonial Heights, and extending from its lntersec~ion with Hrnndon Avenue, S. M.. in a southwesterly direction from that intersection 135 feet to the northessterly lines of Lot D, Block 9, and Lot 10. Block 4, of said map. and lying between the property of Self Service Stations. Incorporated. both in the City of Roanoke. Yirglnia. (For full text of Resolution, see Resolution Book Ho. 22, Page 442.) Hrs. Pickett coved the adoption of the Resolution. The motion mas seconded by Mr.:Decker and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett. Webber. Hheeler, and the President, Mr. Young ............... ~. NAYS: None ................. O. (Hr. Nest absent) TRAFFIC-GRADE CROSSINGS-STREEtS AND ALLEYS:' Council at its meeting of March 10. 1958, having directed the preparation of a Resolution authorizing, a restudy of the downtown area in the vicinity of Tazewell Avenue, S. E.. to obtain information with respect to the possible elimination of the Tazewell Avenue gra'de crossin9 in connection with the proposed relocation of U. S. Route 220, between Hunte~ Memorial Bridge and Franklin Road Bridge, the said Resolution was presented. Mr. Wheeler pointed out that the city has reduced the w~rk week Of numerous of its employees t~ forty hours per week and that many businesses are lny'ing off personnel at this time and me'ed to ~efer the matter to the City Manager for furthe study and submission of u r~port to Co.uncil on the feasibility of conducting the survey by City ~ngineering forces during regular mo~k ~ours and the time required for the completion of the 'survey under those conditions, the said repor~ to be sub= mOOted to Council at its meeting of March 31, 1950. The motion was' seconde~ by Mr. Dillard and adopted, Mrs. Pickett voting no. MOTIONS AHD MISCELLANEOUS BUSINESS: HEALTH DEPARTMENT: Council at its meeting of March 10, 195R. havleg tabled until 'its next regular meeting consideration of the appointment of a member of the Board of Rousing and Hygiene for a ~wo year term expirln~ January 31. 1960, the matter was again before the body and tabled ~ntil the next regular meeting of Council. PARKS AND PLAYGROUNDS: Mr. Dillard advised Council that the F~de~al Govern- m~nt proposes'to impose a charge of $1.00 per fifteen days and $2.00 per season per automobile beginning June 1, 19SD, for use of the BIn~ Ridge Parkway. ~hich will be a hardship on local residents who habitually use the Parkway for short drives dnrfn 4'7,9 480 thesouson0 Hr. Dillard ststlegthnt since citizens are already paying three cents federal nnd six cents state tnxper gallon for gasoline used in trzvellug over the highways and since the Blue Ridge Parkway is essentially a klghuayand not a public park, Its attraction being In the vistas observable therefrom, practically all or which are private properties, he feels that Council' should oppose the charging of such fees, and offered the following Resolution: mA RESOLgTION In opposition to the charging of fees for using the Blue Ridge Parkway. WHEREAS, this Council is informed that the Federal government purposes, beginning June I next, to impose · charge of $1.O0 per 15 days nad' $2.00 per season per automobile for use In driving over the Blue Ridge Parkway and its occupants otherwise making use of its facilities; and WREDEAS, the Federal government presently imposes a tax of three cents upon each gallon of gas consumed in automobile travel within the Gaited States; and WHEREAS. unlike the situation in most national parks, the development of the Blue Ridge Parkway is o Joint venture of the Federal Government and the Star, of Virginia and North Carolina; the states acquiring the necessary rights of way. other than over lands which are already in Federal ownership, and the Federal government providing oil other capital developments, as well as operating and maintaining the Parkway; aud WHEREAS. again, unlike the condition in most national parks, the chief attraction enjoyed by visitors to the Rlue Ridge Parkway is that of observing distant scenes and vistas; few. if any. portions of which lie within OF constitute parts of the Parkway; and WHEREAS, this Council feels that the imposition of any charge for use of the aforesaid Blue Ridge Parkway will deprive many citizens of this City of its pleasures and relaxations; because such citizens seldom drive for great distnnces over the Parkway but have. nevertheless. formed the habit of frequently driving short distances on nearby sec- tions. THEREFORE, BE IT. RESOLVED by thn Council of the City of Roanoke as follows: 1. That this Council doth hereby express its disapproval of the pro- posal of the National Park Set.vice, Department of Interior, to impose a system of fees, beginning June 1. 1958. to be charged for driving over the Blue Ridge Parkway and for otherwise making use of its facilities. 2. That the City Clerk be, and he is hereby, directed to mail an attested copy of this resolution to The Honorable Fred A. Seaton. Secretary of Interior, The Honorable Harry F. Byrd, United States Senator from Virginia. The Honorable A. Willis Robertson, United States Senator from Virginia. The Honorable William R. Tuck. United States Congressman, The Honorable Richard H. PASS, United States Congressman, and The Honorable R. F. Harrison, United States Congressman." Rt. Dillard moved the adoption of the Resolution. The motion was seconded by Rrs. Pickett. RF. Webber stated that he feels moFe time should be given the members of Council for consideration of the Resolution and moved to table the matter until the next regular meeting of Council and to direct the City Reneger to investigate the effect of charging the fees on the community and report thereon at that time. The motion was seconded by Wv. Wheeler and adopted. ZONING-STREEtS AND ALLEYS: Rt. Webber stated that he has observed grading activities on the property of Hr. George Klssak lying on the north side of Melrose Avenue, N. W., west of Country Club Drive, and recalled that subsequent to a recent rezoning of the property, then in the names of Edna ~. and Charles T. Beck and J. and Faith S. Suttenfield, Br. Klssak, who h~d contracted the purchase of the agreed to donate to the city a fifty foot strip across the rear of the said propert to provide for a roadway to serve residences adjacent thereto, that, subsequently, the City Attorney advised Couocil that Hr. Richard F. Pence. Attorney for Hr, Rissal had stated that it man the owoer°s plum to dedicate the said laud to the city immediately following December 12, 1957, which date had been set for the closing of the contracted purchase, Hr. #ebber pointing out that if the fifty foot strip or land is gradeddown:to the Melrose Avenue street level it will not be useful rot street purposes as originally contemplated and that should.the city accept It under those conditions it would require the construction of a retaining wall along the northerly side thereof. Mr. ~ebber moved to instruct the City Attorney, in collaboration with the City Manager, to attempt to secure the deed for the dedication of the fifty foot strip offered by Mr, Klssak at the earliest practicable date, The notion wes seconded by Mr, Decker and adopted, There being no further business, Council adjourned, A P P R 0 V E D / r~esident 482 CODNCIL, REGDLAR MEETING. Monday. March 24. 1958. The Couscll of the City or Roanoke met in regular meeting In the Council Chamber in the Municipal Building. Monday. March 24. 1958. at 2:00 ,°clock. p. m.. the regular meeting hour. with the President. Mr. Young. presiding. PRESENT: Council members Decker. Dillard. Pickett. Webber. Wheeler. end the President. Mr. Young .................. 6. ABSENT: Mr. West .............. 1. OFFICERS PRESENTz Mr. Arthur S. Owens. City Manager. Mr. Randolph C. Whittle City Attorney. ar. Harry R. Yules. City Auditor. and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend C. W. Blanchard. Pastor. Melrose Pentecostal Holiness Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. March IT. lgSH. having been furnished each member of Council. upon motion of Hr. Wheeler. seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved es recorded. DEARIHG OF CITIZEHS UPO~ PUBLIC MATTERS: NO~E. PETITIONS AND COMMUNICATIONS: SALE OF PROPERTY-PARKS AND PLAYGROUNDS: The City Clerk presented a communi- cation from Mr. Edgar P. Young, 1614 Eighth Street. S. E., advising that for severa! years he has used Lots O and g. Block 3. Rlvermont Development Corporation, located on Hinth Street, S. E., in the rear of and across the alley from his home, for gardening, nnder an agreement with the former owner of the land. and, subsequently, by permission of the City Hanager. that in April, lqST, in consequence of a petttto* from landowners in the area, Council advised the petitioners that residents in the might use the two lots as a playground for small children, but that he was not officially notified of this action until March 13, 1q58. after he had had the laud plowed and had put in a portion of his garden, Mr. Young offering to purchase the property from the city for $500.00 cash. Mr. Young appeared before Council in connection with his communication and stated that the two lots are not suiteble for a playground because of their 'proximA to Htnth Street, S. E., which is heavily traveled, that by reason of their small size, children playing ball on the lots mould knock the ball into Ninth Street, creating a hazard both to motorists and the children, that since public parks and playgrounds are available within a block of the site of the lots and since some of the neighbors in the immediate vicinity morking shift work are required to sleep during the daytime, a playground at the site is not needed aed would be a disturb- ing factor. Mrs. Young and Mr. and Mrs. R. W. McNnlty, 1610 Eighth Street, S. E., appeared in support of Mr. Young*s statements. The City Manager advised Council that Mr. Young had approached him with reference to the purchase of the property in question and that he examined the property in company with the City Attorney and the City Auditor, mbo, with himself, form his Meal Estate Comulttee, the City Manager:recommending sale of the lots, stating that Mr, Ehlttle feels that the lots should bring $000,00, Mr, Yates, $600,00, while.he, himself, mould recommend the sale of the lots at $$00,O0, the City Manager pointing out that the lots were purchosed under a tax foreclosure sale la March, 1950, that they are not suitable for municipal purposes and that they should be sold to a private owner In order to place them back on the taw rolls. Mr, Webber moved' to direot the City Attorney to prepare an Ordinance provid. lng for the sale of the said lots to Mr. Young at a price of $500.00, The motion mas secosded by Mr, Dillard and adopted, WATI~I DEPART#ENT: The City Clerk presented a communication from Mrs. Harry L. Simmons, 2211 Patrick Denry Avenue, N. E,, complaining that the water delivered to her hone has ruined the electric mater heater mhJch she had installed on Decembe: 19, 1956, necessitating the purchase of another water heater on March lO, 1958, and that she receives red mater from the faucets in her home, MFS, Simmons requesting that Council take action to correct:the situation, Mr~ Wheeler pointed out that Council has recently instructed the City Manager to secure a sample of the wateF being delivered to the northwest area, have it analyzed by Mr. Malcolm Pirnieo Consulting Chemist, New York, N, Y., and report thereon to Council, which report has not yet been received, and moved to table the matter until the report of the City Hanager is presented. The nation mas seconded by Mr. Decker and adopted. CITY CODE-FIR'FARMS: The City Clerk presented a communication from the Roanol Chamber of Commerce, complaining of the inconvenience and damage caused by pigeons and starlings roosting in the eaves and ornaments of domntown buildings and advisin that.the.Clean-Up Committee of the Chamber has investigated numerous complaints received by the Chamber of Commerce and found them Justified, that upon investi- gation, the committee has concluded that the only may to eliminate the condition is to kill the offending birds with firearms, the.committee, therefore, requestin~ that Council consider an amendment to the City Code which mould authorize the City Manager to issue permits to various persons in the city for use of firearms in eliminating the pigeons and starlings causing the nuisance. The City Manager advised that he has made several experiments in an effort to rid ~he city of the offending.birds and is still working on the.problem, that he does not believe Council should accept, as a governmental:function, the problem of removing the nuisance:and that he lsopposed to use of firearms in the city by cltizeos because~of the danger attached thereto. Hr. Webber stated-that he believes every ~easonable.method of eliminating the pigeons and starlings shonld be tried before~resortin9 to the use of~firearns and suggested that the City Manager experiment with baited traps to capture the birds, aftermhich they can be eliminated In a humane way, Mr. Webber moving to refer the matter to the City Maoager for furtherstudy and recommendatioa~ The motion mas seconded by Mr, Wheeler and adopted, REPORTS OF OFFICI~RS:. 483 484 DEPARTMENT OF PUBLIC WORES: The City Manager presented a communication from the Magic City Motor. Corporation, advising that in submitting its bid rot u sedan for the Department or Parka and Recreation it failed to include $180.00 for,un- automatic transmission specified for the vehicle by the city, which error mas dis- covered utter the public opening of the bids, and requesting that Council allow the said.company $100.00 additional on its price for the vehicle, which will still pine* its bid below that of its competitor. The City Manager pointed out that the city accepted the bid of Magic City Motor Corporation in good faith and that, in his opinion, allowing the request of the company would establish a dangerocs precedent which might tend to destroy the purpose of competitive bidding, the City Manager recommending that the request be. denied. MFs Dillard moved to deny the request of the Uagic City MOtOr Corporation. The motion was seconded by Mrs. Pickett and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that he has caused an appraisal to be node of a plot of land containing 267.72 square feet, needed for widening the radius of the northwest corner Of Fifth Street and Norfolk Avenue, S. W** being a portion of the property owned by Mrs. Alice Corban, Official Tax No. 1110713. the appraised value of the land being $346.00 and $430.00 for residual damage, totaling $776.00. that he has made an offer to purchase the said land from Mrs. Corhan at the appraised figure, from which.he bas not received.an answer, and requesting that Council adopt a Resolution authorizing him to make an official firm offer for the required property at $?76.00. Mr. Webber moved to direct the City Attorney to prepare a Resolution author: lng the City Manager to make a firm offer for the required property at $776.00. Th* motion was seconded by Mr. Wheeler and adopted. PURCHASE OF PROPERTY-TRAFFIC-STREETS AND ALLEYS: The City Manager reported that he has received from Messrs. J. S. and S. A. Darbour. Agents for the Patty F. Barbour Estate. a communication offering to convey to the city certain land require~ for street purposes at the intersection of Main Street and Brandon Avenue, S. at a price of $0,000.00 cash. and eliminating certain cocditions contained ica previous offer presented to Council, said conditions being the right to use the slope easement, or any part thereof, for a roadway, when needed for proper develop- ment of the remaining land, the city to work with the property owners in straighten in9 out the creek, and allowing the present advertising boards to be moved bach upon the property, the City Manager.pointing out that the use of the slope easement for ingress and egress cannot, in bis opinion, be denied the property owners since it is the only outlet to a public way. Mr. Wheeler moved to direct the City Attorney to prepare an Ordinance providing for the purchase of the land in question at a price of $0,000.00 cash a~ no other conditions. The motion was secooded by Mr. Decker and adopted. PURCHASE OF PROPERTY-TRAFFXC~S~REETS AND Al. LETS: The City Manager presented an offer of Mr. Earl A. Fitzpatrick, Attorney for J. S.;and Rule J. Fitzpatrick, to convey to the city certain land required for ntreet purposes at the Junction of Sherwood Avenue end Rain Street, S. H;', for c cash consider&lion or $1,250,00, cud the folloming additional considerations: '1. That the City of Roanoke. in addition to the removal or the mall necessary to make the proposed Improvements. that the City mill also remove the remaining 29 feet of mall bach to th~ steps on the Sherwood Avenue side of the property aid the side mall of the steps adjacent to the 29 feet of mall to be removed. 2. That the City remove the sides from the front steps on the Hain Street side of the property and also the 22- foot S-inch wall remaining on the Hain Street side of the property. That the City in excavating and removing the malls on both the Shermood Avenne and Rain Street sides of the property cut the property back a distance of 12 inches from the City line and to a depth of 6 inches below the sidemalk level.' the City Reneger recommending the acceptance of the offer and advising that In his opinion the additional considerations concerned mill cost the city approximately ~50.00. Rt. Nheeler moved to direct the City Attorney to prepare an Ordinance provi lng for the purchase of the. land as recommended by the City Reneger, the.provisions for the extra considerations to be:handled by letter agreement rather than being included in the deed to the property. The motion mas seconded by Rt. Dillard and adopted. TRAFFIC: The City Reneger reported that due to the change In the location of ~illinmson Road In the Commonwealth Redevelopment Project. it will be necessary to alter the traffic control equipment therein, which Is under contract to Corer Construction Company, Incorporated. the City Reneger recommending the adoption of a Resolution providing for the following changes in the said contract: Original Contract New Change "Item 9uantityT quantity In Cost 2' Fiber Ducts llqO L.F. 127D L.F. 2§6.00 3' Fiber Ducts' .1475 L.F. 22?? L.F. 740.3~ HR-6 Detectors 4 each 0 each lO0.O0 HR-O Detectors 3 each 4 each 50.00 Hand Holes 10 each 14 each 300.00 Ronotube Bases 0 each 7 each -65.00 Removal of Pedestal Base None 1 each 20.00 Pedestal Controller Base 7 8 50.00 $1,$61.35" Sr. #heeler moved to concur in the recommendation of the City Ranager and to direct the City Attorney to prepare the necessary Resolution therefor. The motion mas seconded by Sr. Dechor and adopted. TRAFFIC: The City Manager reported that the Shenandoah Life Insurance Company has requested that the city install a traffic control system at the Junctic of its driveway with Brambleton Avenue. S. ~., the company agreeing to pay seventy- five per cent of the cost of such installation, and advised that the estimated cost for the installation of thelights and appurtenances for the traffic controls requested Is $4,000.00. the City Reneger stating that the company has agreed to give the city the necessary easements for treadles in connection with this instal- lation and recommending that Council grant the request. Rt. Wheeler moved to direct the City Attorney to prepare the necessary Resolution authorizing the installation of the lights as requested, the city to bear one-fourth of the total cost not to exceed $4,000.00. The motion mas seconded by Rt. Decker and adopted. 486 ~EWAGE DISPOSAt, s The City Manager reported that the Semnge Treatment Plant was constructed based upon a study nude by Alvord, Dordick nnd Howsone Consulting Engineers. as authorized by Council on January 25, 1946, uhioh study and subsequent plans provided rot c plant to accommodate on estimated population of 123,000 in the year 1960, that conservative estimates of the population in the area served by the plant indicate the population has'already exceeded this number, the City Manager recommending, in view of the growth or the area, that plans be made to enlarge the plant to neet the existing and anticipated growth thereof and requesting authority to consult with engineers to determine the cost of preparing the necessary studies and plans which may be needed for the enlargement of the plant. #r. Webber moved to concur in the recommendation of the City Manager and offered the following Resolution: (a1332B) A EESOLOTIO~ authorizing the City Manager to negotiate with consu lng engineers with reference to the City's sewage disposal plant. (For full text of Resolution, see Resolution Book No. 22. Page 4~5.) Mr. Webber moved the adoption of the Resolution. The notion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard,·Pickett, Webber, Wheeler, and the President, Mr. Young ............... 6. NAYS: None ................. O. (Mr. West absent) REPORTS OF COMMITTEES: SEWAGE DISPOSAL: Council at its meeting of February 17. 1950o having referred to a committee composed of Messrs. Roy L. Webber, Chairman, Walter L. Young, Arthur:S. Owens and Randolph G. Whittle for study and recommendation a re- quest of the Town of Salem that the contract of October 16, lqSa, between the Town of Salem and the City of Roanoke, dealing with the treatment of domestic and conmer cial w~ste$, be amended by adding thereto a 39.233-acre tract lying westward of the Town o~ Salem between the Norfolk and Western and Virginian Railway lines, and at its me~ting of December 2, 1957, having referred to the said committee a request of the To~a Of Salem for an amendment to the sane contract, adding thereto an area extending along U, S. Route 11, between State Routes 639 and 645, lying westward of the Town of Salem, the committee submitted its report, advising that the'State Wate~ Control Hohrd has agreed to inclusion of the 39.233-acre tract of land, but has requested that the other tract be limited to the property'of Mercy House, Incorpor- ated, for the time being, until a survey of the semage treatment facilities can be made, the committee therefore recommending the granting of the request of the Town of Salem. dealing with the 39.233-acre' tract lying westward of the Town of Salem between the Norfolk and Western and Virginian Railway lioes, and upon receipt of a Resolution of the Council of the Town of Sales, coocurred in by the Doard of Super- visors of Roanoke County, requesting inclusion of the Mercy Ho~se property only, that said tract also be added to the contract, the committee submitting a Besolutiol requesting the Town of Sale~ to amend its request. Mr. Webber moved to concur io th~ report of the committee and o~fered the following Resolution: (n13329) A RESOLUTION approving the report of this Bodies Sew·ge Committee, this dal filed with this Council, ·nd directing the Cltl Clerk to mail · copy of said report and of this resolution to the Clerh of the Town of Salem, (For full text o~ Resolution, see Resolution Boob No. 22. Page 445.) Hr, Webber moved the adoption of the Resolution. The motion was seconded by Mr, Wheeler and adopted by th~ folloming vote: AYES: Council members Decker, Dillard, Pickett, Webber. Wheeler, and the Fresideut. Re. Young ............... NA~S: None ...... ~ .......... O. (Mr. West absent) UNFINISHED BUSINESS:. ZONING-STREETS AND ALLEYS: Council at its meeting of March 17, lg59, having directed the City Attorney to attempt to secure a deed to a 50-foot strip of land lying to the rear of the property of Mr. George Eissak, located on the north side of Melrose Avenue, N. W., west of Country. Club. Drive, as offered by Mr. Richard F. Pence, Attorney for Mr. Eissak, at the Council meeting of November 11, 195"/, the City Attorney reported that he has been unable to contact Mr. Pence because he is out of the city, but that he has discovered that the property has recently been titled in the names of Robert Doosberg and George Elssak and has written a letter to Mr. Pence, reminding him of his client*a promise and requesting that the real estate be promptly conveyed to the city for street purposes.. Mr. Webber moved to file the communication.. The motion was seconded by Mr. Wheeler and adopted. PARES AHD PLAYGHOCr~DS: Council at its meeting of March 17, 1958, having tabled until its next regular meeting a proposed Resolution in opposition to the charging of fees for tho use of the Blue Ridge Parkway, the matter was again before the body. The City Manager reported that he has studied the matter and believes that Council will be Justified in adopting the Resolution opposing the fees since, a vast number of residents in the Roanoke area constantly avail themselves of the pleasure of driving along the Parkway on Sundays. and other da~s and making use of the variou picnic*areas along the Parkway which are within a comfortable driving distance, of the city, and since considerable use of the Parkway is. made by citizens of the city for visitation and business reasons. After considerable discussion, Mr. Dillard again moved the adoption of the following Resolution: (~13330) A RESDLUTION in opposition to the chargin9 of fees for using thc Blue Ridg~ Parkway. (For full text of R~solutiun, see Resolution Book No. 22, Page 446.) The motion was again seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, Dillard,. Pickett, and Wheeler .... 4, NAYS: Mr. Webber, and the Presid~nt, M~.-Young ...... 2~ (Mr. West absent) CONSIDERATION OR CLAIMS: NONE. IKIRODUCTXON AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 487' 488 BOSES: Ordihanne No. 13324, granting to Joseph N, Hunlegrove u fraucblse fo advertising benches to be placed at various bus stops and other suitable and up- ar,red locutions In the city, having previously been before Council for its first resdlng,.read end laid. over, uaw again bet,re the body, Mr. Decker offering the foil,ming for its second reading and final adoption: (n13324) AN ORDINANCE granting to Joseph W. Hazlegrove a franchise for advertising benches to be placed at various bus stops and other suitable and approv ed locations. (For full text of Ordinance, see. Ordinance H,oh No. 22, Page 443.) Mr. Decker n,red the adoption of the Ordinance.: The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Council numbers Decker, Pickett. Webber. Wheeler. and the President. Mr. Young .......................... NAYS: Mr. Dillard .......... 1. (Mr. Nest absent) MOTIONS AND MISCELLANEOUS BUSINESS: HEALTH DEPARTMENT: Council again considered the appointment of a number to the Board of Housing and Hygiene for a term of two years ending January 31. 1960. and again tabled the matter until its next regular meeting. JUVENILE AND DOMESTIC RELATIONS COURT: Council at its meeting of December 1957, by Resolution No..13254. having appointed a commission composed of Messrs. Arthur S. O~ens, Chairman, C, E.. Hunter and O. M. Miles to make a comprehensive investigation and report of the city'$ affairs at ~he Juvenile and Domestic Relatio Court and Juvenile Detention Home, the commission submitted its report, along with the original transcript of the proceedings. Mr. Dillard n.red to file the report and transcript with the City Clerk and to take the matter under study. The motion was seconded by Mr. Decker and. adopted. The City Manager then reported that it will be necessary to appropriate $2,279.50 to cover the cost of the investigation, mhich is as follows: Court Stenographer. for taking and transcribing testimony. $1.379.50; Mr. O. M. Miles, a member of the commission, $450.00; Mr. C. E. Hunter. a member of the commission. $450.00, the City Manager recommending that the budget be amended in order that these accounts might be paid. Mr. Wheeler moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance= (n13331) AN ORDINANCE to amend and reordain Section al. *Council", of the 1950 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 22, Page 447.) Mr. Wheeler mo~ed the adoption of the Ordinance. The motion was seconded Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President,. Mr. Young ............... 6. : NAYS: N~ne---~ ............. .0. (Mr. Nest absent) There being no further business. Cou~cJl adjourned. APPROVED President COUNCIL, REGULAM MEETING Monday, March 31, 1950. The Council of the City of Roanoke met in regular meeting in the.Council Chamber ia the Municipal Building, Monday. March 31, 1950o at 2:00 otclock, p. the regular meeting bout, Math the President, Mr. Young, presiding. PRESENTz Council members Becket, Dillard, Pickett, Webber. Wheeler, and the President,.Mr. Young .................. ABSENT:.Mr. West .............. 1. : OFFICERS PRESENT: Mr. Arthur S. Owens. City Mon~ger. Mr. Randolph G. Mhlttl* City Attorney, Mr. Harry R. Yates, City Aoditor. and Mr. J. Mobert Thomas, City Clerk. INVOCATION: The meeting was opened math a prayer by the Reverend D. A. Beer Associate Pastor. Huntington Court Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, March 1959. having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. REARING OF CITIZENS UPON PUBLIC MATTERS: NONE. · PETITIONS AND COMMUNICATIONS: LICENSE TAX CODE: The City Clerk presented a petition from Barber Shop and Beauty Parlor Operators, advising that under the interpretation of the Commissioner of the Eevenue individual barber shops and beauty parlors have been paying license taxes since the beginning of 1946 based on the flat rates provided in Paragraphs (a). (b) and (c). Section 43. Chapter 0, Title VI. of The.Code of the City of Roanoke, 1956. and have not been payin9 55~ on each $100.00 of the gross revenue derived from the business under Paragraph (d) of said section, that under a ruling of the City Attorney dated February 19. 1950. they have been advised that an addi- tional license tax is due f~om each of them amounting to 55~ per $100.00 .of the gross receipts of their businesses.:retroactive to January 1, 1956. and requesting Councilto amend the said law for the purpose of clarification and to relieve them of the additional tax. Mr. William B. Hopkins. Attorney.for the petitioners, appeared:and stated that his clients have paid the license taxes for the years in question as required by the Commissioner of the Revenue under his interpretation in good faith and feel that it would be unfair to collect the taxes in question retroactive to January 1, 1956, ugd that they also feel the additional tax of 55t on each $100.00 of the gros: receipts of their businesses would be excessive. Approximately fifty barbers and beauty parlor operators appeared in support of the petition. Mr. Webber moved to refer the petition to a committee composed of Messrs. Randolph G. Whittle, Chairman, Harry R. Yates and Andrew W. Gilbert for study and irecommendatlon, the report of the committee to give an estimate of the amount of ;489 49O moeey Involved la the taxes in question, the committee to consider the effeot of amendment on other sections of the Liceese Tax Code nnd the question or retroactive collection of license taxes. Mr. Dillard offered a substitute motion to direct the City Attorney to pre- pare · proper Ordinance amending Section 43, Chapter O, Title VI, of the City Code, to eliminate the.tax of 55t per $100.00 on the gross receipts, as set out therein. Tho motion died for lack of a second. The motion of Mr. Webber mas seconded by Mr. Wheeler end adopted.. INVITATIONS: The City Clerk presented a communication from the President of the American Municipal Association, inviting.the City of Roanoke to become a direct member thereof. Mr. Wheeler moved to decline the invitation. The notion mas seconded .by Mr. Dillard and adopted, : CONTRIRDTIONS-VIRCXNIA STATE CHAMBER OF COMMERCE: The City Clerk presented a communication from the President of the Virginia State Chamber of Commerce, request- ing that Council authorize membership for the City of Roanoke in the Chamber, point- lng out that the Virginia State Chamber of Commerce has contributed much effort in bringing new industry into the state and increasing the travel .industry, as well as morking toward the increase Of markets for agricultural products Of the state and developing world trade in products of the state through state port facilities. The Mayor advised Council that during the past week a new industry has been secured for Roanoke Valley through the efforts of the Virginia State Chamber of Commerce and in his opinion a reasonable membership fee should be authorized. Mr. Wheeler moved to accept membership in the Virginia State Chamber of Commerce at a fee of $250.00 per annum and offered the following emergency (=13332) AN ORDINANCE to amend and reordain Section ~l, #Council*, of the lgS0 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 447.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Pickett, Webber, #heeler, and the President, iMr. Young .......................... 5. NAYS: Mr. Dillard .......... 1. (Mr. West absent) REPORTS OF OFFICERS: CITY CORE-FIREARMS: The City Manager reported that be has initiated a pro- gram of trapping pigeons and starlings in the city which has met with indifferent and has received excellent cooperation from various firms and individuals in an attempt to develop methods of.reducing the nuisance caused by these birds, al of mhich may prove beneficial to the coemunity, the City Manager stating, however, that he believes that if Council would authorize the payment of bounty for the trapping of pigeons and delivery, alive, to the city, greater results could be achieved, the City Manager suggesting a bounty of lot each for live pigeons, which he advised Council can be resold by the city to New York fires at 25¢ each on the present-day market, the City Meander advising farther that if Council huthorizes such a program it sill be necessary to appropriate $200.00 for payment of the bounties, and. in addition, appropriate $100.00 for a Petty Cash Fund for the Polic~ Department to provide a revolving fnnd from which bounties Chh be paid. Mr. ~ebber moved to concur in the suggestion of the City Manager and offered the following emergency Ordinance: (aI3333)'AN ORDINANCE to amend and reordoin Section a60, #Police Department' and Section #154, WRefunds and Rebates#. of the 1950 Appropriation Ordinance, and provi~ing for an emergency. - (For full text of Ordinance. see Ordinance:Book No. 22. Pege44D.) MF. Webber moved the adoption of the Ordinance. The notion~was seconded by MF. Dillard and adopted by the following vote: AYES: Council members Decker. Dillard, Pichett. Webber, Wheeler, and the President, MF. Young--~ ............ NAYS: None ........ ~ ........ O. (Mr. West absent) LIBRARIES: The City Manager:reported the resignation of Mr. Claude Settle·ire, Director of Libraries. effective gay 1, 1955. The report was ordered filed. ELECTIONS: The City Manager reported that several requests have been receiw for copies of the city's voting list and that the Chairman of the Electoral Board has recommended that · charge of $50,00 be made for each such list, which he advise~ is the charge made by the City of Richmond. the City Manager stating that he estimal the cost of preparin9 such voting list at approximately $25.00 per copy, and recom- mended that Council authorize sale of the voting list at a price near the actual cost. Mr. Dillard moved to authorize the City Manager to provide for the sale of copies of.the voting llst of the City of Roanoke for $25.00 each. The motion was seconded by Mr.:Wheeler and adopted. PURCHASE ~F PROPERTY-PARKS AND PLAYGROUNDS-STREETS AND ALLEYS: The City Manager reported that in further negotiation with Dr. George B. Lawson concerning the acquisition of approximately .14 acre of laod *ended for the extension of Wiley Drive west of Franklin Road, S. ~., along the south bank of Roanoke River~ he has had the required land appraised by Messrs. James A. Turner and T. Howard Boyer, who have established a price of $250.00 as the value thereof, the City Manager recommen~ lng that Council authorize the purchase of the land in question for that amount. Mr. Wheeler moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~13334) AN oRDINANCE directing the City Manager to undertake to acquire' certainreal estate needed to extend Wiley Drive up Roanoke River; repealing Ordinance No. 130141 and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 44g.) Mr. Wheeler moved the adoption Of the O~diaaace. The motion was seconded by Mr. Decker and adopted by the following vote: 491 492 AYES: Council members Decker, Dillard, Pickett, Nebber, Nheeler, amd the President, Hr, Young ....... ~ ....... 6, NAYS: None ................. O, .(#r, Nest absent) POLICE DEPARTMENT: The City Manager reported that Patrolman Joseph a. King, who was InJured on duty on October 6, 1957. Is still unable to return to.work and the period for which Council authorized payment of his salary mill expire April 4, 1956, the City Homager recommending that Council extend Patrolman Klng*a salary for an additional sixty days beginning April $, 1950. Mr. Nheeler moved to concur in the recommendation of the City Manager and offered the following Resolution: (#13335) A RESOLUTION directing that Joseph B. King, a member of.the Police Department, be paid his regular salary for a period of sixty days beginning April 5 1950. (For full text of Resolution, see Resolution Book No. 22, Page 450.) Br. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr..Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Webber. Wheeler, and the President, ~r. Young ............... 6. NAYS: None ................. O. (Rro Mast absent) REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION Ah~ CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Council at its meeting of March 17, 1958. having directed the pre- paration of an Ordinance providing for the transfer of a lease of a 1.60-acre tract of land at the Roanoke Municipal Airport from Mr. Ernest Ramey to Mr, Eugene B. Bas~ et ax, and the extension Of such a lease for an additional four years, Mr. Rheeler moved that the following Ordinance be placed upon its first reading:. (313336) AN ORDINANCE authorizing Ernest Mammy to sublease unto Eugene B, Bass, et ax., the premises situate within Moodrum Field that he presently leases from the City and agreeing to lease said premises.unto said snblessees for an addi- tional term of four years from the 1st day of September, 1059, upon the same term~ and conditions. MBEREAS, Ernest Ramey is the present lessee from the City. under a non- assignable lease, of 1.~4 acres, situate within Woodrum Field, for a contingent term expiring at midnight August 31, 1959, which premises he desires to sublease unto Eugene B. and Billie B. Dans. husband and wife. and which subleasing is agree- able to the aforesaid Eugene B. and Billie D. Bass, provided the City will, at this time, agree to lease the said premises directly to them for the contingent term of four additional years commencing on the 1st day of September, 1958, the termination date of the present lease, and ending on the 31st day of August, 1962; and MBEREAS, this Council is agreeable to both the aforesaid subleasing and extension. : THEREFORE, BE IT ORDAXNED by the Council of the City of Roanoke as follows: 1. That authorization be, and it is hereby, grouted unto-Ernest Hame! to sublease the 1.64 acres, situate mithin Woodrum'Field. that ia presently leased uetohim by the City, unto Eugene D; and DJllle D. Doss, husband and mile. 2. That the City Manager be, and he is hereby, authorized, to execute a lease, for and on behalf of the City, between the City and the aforesaid Eugene and Blllie B. Bass, husband wife, leasing unto the last-mentioned parties the above- mentioned 1.64 acres, for the contingent term of four years, commencing on the day o£September, 1950. and ending on the 31st day of August. 1962, otherwise upon the precise terms and conditions as are contained in the existing lease of the aforesaid premises between the City on the one part and Ernest Rnney on the other part. . . The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Uouncil members Decker. Dillard. Pickett. Webber, Wheeler. and the President, Mr. Young ............... 6. . . NAYS: None ................. O. (Mr. Mest absent) PURCHASE OF PROPERTY-TRAFFIC-STREETS AND ALLEYS: Council at its meeting of March 24, 1958, having directed the preparation of an Ordinance providing for the ~urchase from Messrs. Jo S. and So A. Darbour, Agents for the Pattie F. Barbour Estate, of a tract of land.needed for street widenin9 purposes at Rain Street and Brandon Avenue, S. W., Mr. Decker offered the following emergency Ordinance: (~1333~) AN ORDINANCE authorizing the acceptance of the offer of J. S. and S. A. Darbour, Agents for the Pattie F. Barbour Estate, to sell the City certain real estate situate'in Barbour Heights; authorizin9 and directing the proper City Officials to do the necessary in the premises; repealing Ordinance No. 13169; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 450.) Mr. Decker moved the adoption of.the Ordinance. The notion was seconded by Mrs. Pickett and adopted by the follouing vote: AYES: Council members Decker. Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ............... 6. NAYS: None ..... ~ ........... O. (Mr. West absent) PURCHASE OF PROPERTY-TRAFFIC-STREETS AND ALLEYS: Council at its meeting of Narch 24, 1958, having directed the preparation of an Ordinance providing for the purchase from J. S. and Rule J. Fitzpatrick of a parcel of land required for street purposes at the intersection of Sherwood Avenue.and Main Street, S. W., Mr. Wheeler offered.the following emergency Ordinance: (u13338) AN ORDINANCE authorizing the acceptance of the offer.of J. S. and Ruie J. Fitzpatrick to sell the Cttl certain real estate situate in Darbour Heights authorizing and directing the proper Citl Officials to do the necessary in the premisesl repealin9 Ordinance No, 13301; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 452.) Mr. Wheeler moved the adoption of the Ordinance. The notion was seconded by hr. Decker and adopted by the following vote: 493 494 AYES~ Council members Decker, Dillard, Pickett, Webber° Mbeeler, and the Preaident, Mr. Young ............... 6o NAYS: None ........ ~ ........ O. (Mr. West absent) P~RCHASE OF PROPERTY-STREeTS AND ALLEYS~ Council at its meeting of March 24, 195H, having directed the preparation of ac Ordinance to provide for the acquisitio~ and Norfolk Avenue, S. W., Mr. Wheeler offered the follcming emergency,Ordinance: (n133Hg) AN ORDINANCE directing the City Manager to undertake to acquire certain real estate needed to round the northwest corner of 5th Street and Norfolk Avenue, S. W., and providing for nn emergency. (FaF full text of Ordinance, see Ordinance Dook No. 22, Page 454.) Mr. Wheeler moved the adoption of the Ordinance. The notion was seconded by Hr. Decker and adopted by the following vote: AYES: Council members DnckeF. Dillard. Pickett, Webber, WheeleF, and the President, MF. Young ............... NAYS: None ................. O. (Mr. West absent) PURCHASE OF PEOPERTY-PARKS A[fl) PLAYOHOUNDS: Council at its neeting of March 24, 195H, having directed the preparation of an Ordinance to provide for the sale of Lots O and 9, Block 3, Rivernont Oerelopment Corporation, Mrs. Pickett moved thai the following Ordinance be placed upon its first reading: :(~13340) AN ORDINANCE providing for the sale of Lots O.and 9, Block 3. Rivermont Development Corporation, by the City of Roanoke to Edgar P. Young for ;500.00 cash and authorizing the execution and delivery of a deed therefor. WHEREAS, the City Manager has received a written offer from Edgar P. Young ,o purchase f~om the City Lots O and 9, Block 3, Rivermont Development Corporation, for the sum of $500.00 cash; and MDEREAS. in the opinion of the City Manager and of this Council, the above offer is a fair one and should be accepted. THEREFORE, BE IT ORDAINED by:the Council of the City of Roanoke as follows: 1. That the written offer of Edgar P. Young to purchase from the City of Roanoke Lots O and 9. Block 3. Eivermont Derelopment Corporation. at the net )rice of $500.00 cash. be. and the same ~s hereby, accepted. : 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 marranty of title, the above-describqd property to Edgar P. Young and Lucy M. Young, his wife, and to deliver the same. properly executed, upon:receipt of the cash consideration. · . 3. That, pending this ordinance becoming final and the delivery of the deed as herein contenplated, the aforesaid Edgar P. Young be, and he is hereby. authorized to lawfully garden the aforesaid real estate. The.motion was seconded by Mr. Wheeler and.adopted by the following vote: AYe5: Council. members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ....... ~ ....... 6. . NAYS: None ................. O. (Mr. West absent) . TRAFFIC: Councll.Rt Its meeting of March 24, lgSO0 having directed the pre- paration of a Resolution to extend the contract of Corer Construction Company, Incorporated, for the installation of;certain signal equipment is the Nilliamson. Road area, Mr, Decker offered the folloming Resolution: (z13341) A RESOLDTION extending the contract of October ISo 19S?, betueen Corer Construction Company, lac** and tho City.of Roanohe, for the installation of necessary foundations and conduit for underground signal system on Nillinmson Road, between 2nd Street and Orange Avenue, N. (For full text of Resolution, see Resolution Dooh No. 22, Page 4SS.) Dr. Decker moved the adoption of the Resolution. The notion nas seconded by Hr. Nheeler and adopted by the folloming vote: AYES: Council members Decker, Dillard, Pickett, Nebber, Nheeler, and the President, Rte Young ............... NAYS: None ................. O. (Mr. Nest absent) Mr. Mheeler then offered the following emergency Ordinance proridin9 funds for the extension of the contract: (a13342) AN ORDINANCE to amend and reordain Section ~142, "Transfer to Improvement Fund", of the 1950 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 22, Page 456.) Mr, Nheeler moved the adoption of.the Ordinance. The notion mas seconded by Mr. Decker and adopted by the following vote: AYES:.Council members Decher, Dillard, Pickett, Nebber, Mheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Rt. Nest absent) TRAFFIC: Council at its meeting of March 24, 1950. having directed the preparation of an Ordinance providing for the installation of a traffic control system at.the junction of the Shenandoah Life Insurance Company driveway and Drambleton Avenue, S. N., Mr. Decker offered the following emergency Ordinance: (#13343) AN ORDINANCE authorizing the installationof a traffic control signal at the Junction of the Shenandoah Life Insurance Company driveway and Dranbleton Avenue,.S.N., and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22; Page 457.) Mr. Decker moved the adoption of the Ordinance. The notion was seconded bl Mr. Mheeler and adopted by the following vote: AYES: Council members Decke~, Dillard, Pichett. Rabbet, Nheeler, and the President, Mr. Young ............... NAYS: None ................. 0. (Mr. Nest absent) Mr. Decker then offered the following emergency Ordinance proriding for an appropriation of funds for the installation of the traffic control system provided for in the preceding Ordinance: (z13344) AN ORDINANCE to amend and reordain Section ~!44, "Departmental Equipment and Improvements", of the 1958 Appropriation Ordinance, and providing for an emergency. 495 496 (For full text of Ordinance, see Ordinuuoe Dock Ho..22, Page 450,) Nr, Decker moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council nembera Decker, Dillard, ~ickett, #ebber, Nheelar, and the Fresideut, Hr..Young ............... 6. NAYS: None ................. O. (Mr. West absent) NOTIONS AND MISCELLANEOUS OUSINESS: HEALTH DEPART#ENT= Council having p£eviousty considered the appointment of member to the Board of.Housing and Bygiene for a term of two years ending January 31, 1960, the matter was again before the body and tabled until the next .regular meeting of Council. ANIMAL HOSPITAL: The City Manager advised Council that he has been in con- sultation with state officials and others with.reference to the estabtishment Of an Animal Diagnostic Center to serve the western gad of Virginia, that thq Commonwealth of Virginia proposes to erect such a center, and in vies of the fact that the City of Lynchburg has offered the state land upon which to construct its buildings, he feels that in order for the City of Roanoke to secure the installation it is neces- sary that the City of Roanoke also make such an offer, the City Manager, therefore, recommending that the City of Roanoke offer the Commonwealth of Virginia a l-acre tract of land at the site of the old Wllliamson Road Sewage Disposal Plant located at Carver Avenue and Courtland Road, N. E., and recommending that a Resolution be adopted making this offer which can:be presented at a public hearing to be held by the representatives of the Commonwealth of Virginia on April 17. 1950.. Mr. Webber moved to direct the City Attorney to prepare a Resolution carry- ing out the recommendation of the City Manager, said Resolution to be presented to representatives of the Com=onwealth of Virginia at the public hearing by the Bayor and the City Manager who are also to represent the city in attempting to secure the construction of the center in Roanoke. The motion was seconded by Mr. Wheeler and adopted. WATER DEPARTU£NT: The Mayor and the City Nanager advised Council that they have been in consultation with representatives of the International Telephone and Telegraph Company, along with other local officials and representatives of business and industry, concerning, the construction of n radar tube manufacturing plant in the vicinity;of Roanoke, which plant will have approximately 45,000 square feet and employ 250 technical persons, 235 of which will be recruited and trained locally, by the company, and that in their negotiations, which, necessarily, were not public, they tentatively committed the City of Roanoke. to the construction of. an H-inch main and meter, the main estimated, to be.l,500 feet in length, from the exist- lng transmission main from Carvins Cove to the site of the plant location ia Roanok* County, north of the city, the Mulct and the City Manager pointing out that the company anticipates using 200,000 gallons of water per day which will provide of $750°00 per month to the citI*s Water Department and that tho estimated cost of the construction of the water main and meter is $6,000.00, the Bayor and the City Manager therefore requesting Council to confirm their tentative commitment to the International Telephone and Telegraph Company. , Hr. ~ebber moved to direct the City Attorney to prepare u Resolution provid- Ing rot the construction of the wster main end meter as recommended by the Yayor the City Hanager. The motion was seconded by #r, ~heeler end adopted. There being no further business, Council adjourned. APPROVED 497 498 COUNCIL, REGULAR.MEETING, Monday, April 7, 1958. The Council of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Monday, April 7, lgSO, at 2:00 o'clock, p. m., the regular meeting hour, with the President, Mr. Young, presiding. : PRESENT: Council members Decker. Dillard. Pickett. Webber. Wheeler. and the President, Mr. Young .................. 6. ABSENT: Mr. Mest .............. 1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle City Attorney. Br. Burry R. Yarns, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with n prayer by Hr. Vincent S. Wheeler, Vice Mayor. MINUTES: Copy of the minutes of the regular meeting held on Monday, March 31 lqso, having been furnished each member Of Council, upon motion of Mrs. Pickett, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ANIMALS: Mr. W. W. Naif. a member of the State Board of Agriculture. appeared before Council and expressed the Board*s appreciation of the offer of Council to furnish the Board a site for the construction of an Animal Diagnostic Center in Roanoke. SIGNS: Mr. Roy C. Kinsey. President, Roy C. Kinsey Sign Company, Incorpora- ted, appeared before Council and presented a request of The First National Exchange Bank of Roanoke that Council authorize the Bank to erect a sign in a 12-foot wide grass plot lying between the sidewalk and curb and gutter in front of its nee brancl bank building on the north side of McClanahan Street, S. W., west of Carolina Avenue the Bank explaining that it has already received a permit from the Building Commis- sioner authorizing the erection of the sign within its property line, but that it has discovered trees and other obstructions along the street mould block the sign from view, thus rendering it useless, the Dank agreeing to remove the sign at its oma expense at such time as the city directs. Mr. Webber moved to direct the City Attorney to prepare a Resolution grant~ in9 the request of The First National Exchange Bank. The motion was seconded by Mr. Wheeler and adopted, Mr. Dillard voting no. PETITIONS AND COMMUNICATIONS: STREET LIGRTS: The City Clerk presented a communication from the Appalachian Electric Power Company, reporting the installation of six 2500 hmen street lights in the city daring the month of March, 1956. The communication and report were ordered filed. REFUNDS A~D REBATES-LICENSES: The City Clerk presented a commnnication from Dr. F. S. Givens, advising that in purchasing his state motor vehicle license platet from the local Division of Motor Vehicles office he inadvertently purchased a city license plate, which be does not require since he has renoved his residence from Roanoke City to Roanoke County in July. 19S?, and requesting that since he has to purchase a county license plate that he be refunded $10.00, representing the purchase price of the city automobile license plate, which he has returned to the City Clerk. hr. #heeler moved to direct the City Attorney to prepare u Resolution provl* lng for the refund as requested by Dr. Givens. The motion Was seconded by Mr. Decke and adopted. PURCHASE OF PROPERTY-PARES AND PLAYGROUNDS: The City Clerk presented a communication from the City Planning Commission, advising that the Hartsook Estate lying along the easterly side of Rill Mountain and abutting the Mill Mountain Park is being sold and that in view oI the long-range plans for the development of a SpUR road to connect the Blue Ridge Parkway with Mill Rountaln and the necessity for enlarging Mill Rountain Park to protect existing fire and recreational trails, it Is of the opinion that Council should take action to acquire a portion of the said Estate at this time. the Commission recommending the purchase of a 21S-acre tract of the said Estate along the top and side of the mountain adjacent to the park. Mrs. Pickett moved to direct the City Manag~ to negotiate with representa- tives of the Hartsook Estate in order to determine the cost of acquiring the 21S- acre tract as recommended by the City Planning Commission, the cost of acquiring the entire Hartsook Estate tract, and, as an additional alternate, the amonnt of land required for a right-of-way for the proposed spur road connecting Rill Rountai] Park with the Blue Ridge Parkway through the said Estate, and to submit his report thereon to Council. The motion Was seconded by Mr. Hheeler and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Clerk presented a communication from the City Planning Commission. stating that upon acquisition by the city of the land heretofore proposed to be acquired for the widening of Whitesid Street, N. E., there Mill remain au offset in the said street, on the east side, between Huntington Boulevard and Drew Avenue, the Commission recommending that upon acquisition of the land heretofore recommended Council take action to acquire from Mr. C. F. Refauver a small portion of Lot 20, L~F Building Company, Incorporated, ir exchange for a portion Of the existing street adjacent to said lot, in order to eliminate the offset, Upon advice from the City Attorney that this exchange Of land can be accom- plished by exchanging a quitclaim deed from the city for the portion of Nhiteslde Street involved for a deed of bargain and sale from Mr. Kefauver, Rt. Wheeler moved to direct the City Manager to negotiate with Mr. Kefauver for the change as recom- mended by the City Planning Commission, such negotiation to be contingent upon the acquisition Of the land for the widening of Nhiteside Street. The motion was seconded by Mr. Decker and adopted. REPORTS OF OFFICERS: BDDCE~-DEPARTMENT OF PUBLIC RELFARE: The City Manager reported that in consequence of the installation of a forty hour work week it is not possible to rearrange the working hours of the nursing staff at the City Dome in order to pro- 499: 500 vide proper cure for the patients tbereio cad recommended an upproprlution of $1.600.00 for the purpose of hiring an additional practical nurse in order to alleviate this situation. Mr. Webber moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (n13345) AN ORDINANCE to ahead and reordain Section u54, #City Home=, of th( 1958 Appropriation Ordinance, and providing rot an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 460.) Mr. Webber moved the adoption of the Ordinance. The notion was seconded by Br. Wheeler and adopted by the following vote: AYES: Council numbers Decker, Dillard, Pickett. Webber. Wheeler, and the President, Mr. Young ............... 6. NAYS: None ................. O. (Mr. West absent) BUDGE'f-ELECTIONS: The City Manager requested an appropriation of $150.50 to ~rovide for a maintenance contract on the addressograph equipment in the office of the Registrar, recently purchased by the city. Upon being advised by the City Manager that the equipment in question was acquired this your and is brand new, Mr. Mheeler moved to table the matter for consideration along with the IgS9 budget. The notion was seconded by Mr. Dillard und adopted. BUDGET-LIBRARIES: The City Manager reported that the Roanoke City Library Board has requested funds for the purpose of repayment of necessary travel expense to applicants for the position of Director of Libraries when called to the city by the Library Board for consultation and recommended an appropriation of $350.00 for this purpose. Mrs. Pickett moved to concur in the recommendation of the City Manager, provided that consideration be given to the promotion of any present employee of th city qualified for the position, and offered the following emergency Ordinance: (~13346) AN ORDINANCE to amend and reordain Section =121, "Libraries", of the 1958 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page dbo. I MF~ Pickett moved the adoption of the Ordinance. The motion was seconded Mr. Nebber and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Mr. Nest absent) BUDGET-GRADE CROSSINGS: The Citl Banager reported that the present pumping equipment installed in the Jefferson Street Pedestrian Underpass at the Norfolk and Mestern Railway Company is insufficient for the removal of flood waters and that a study has been made of the situation by the Norfolk and Western Railway Company which indicates the need of replacing one 60-gallon per minute electric pump with a 300-gallon per minute electric pump, the company estimating the cost of purchasing and installing the pump at $2,000.00 and agreeing to perform the necessary work involved if the city will share equally in the cost thereof, the City Manager mending concurrence in the offer of the Norfolk and Western Railway Company and advising-that the old pump to be removed will be stored by the city for future use lu replacement of an additional pump identical thereto in the Underpass, Br. Wheeler nove~ to concur in the recommendation of the City Hnnager and to direct the City Attorney to prepare a Resolution in accordance therewith, The motion mas seconded by #r. Decker and adopted, STATE HIGI~AYSt Council at its meeting of Hatch IT, 1950o having directed the City #anager to study the feasibility of conducting a restudy of the downtomn area la the vicinity of Tnzewell Avenue, S. E** in connection math the proposed relocation of U. S. Route 220. between Hunter Remorial Bridge and Franklin Road Bridge. by use of regular employees of the Engineering Department during regular hours, and submit his report thereon, advising the amount of time it mould require to conduct such a restudy without the use of overtime, the City Manager reported that after a thorough Study of the matter he has concluded that to conduct n res,nd with regular employees in normal morking hours would require approximately six months* time and would seriously interfere with the conduct of normal operations o! the city. mhJch he cannot recommend, the City Manager reiterating his original recommendation that the restudy be accomplished by regular personnel of the Enginee! lng Department working in other than normal hours. Mr. Webber pointed out that the city is presently attempting to secure an extension of a spur into the city from the proposed interstate route to the north thereof, which extension may. if secured, alter the need for such a restudy, and moved to table the matter. The motion was seconded by Mr. Rheeler and adopted. REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of February. 1958. and reported other departmental reports on file in his office. The report was ordered filed. REPORTS OF C0RMIZ'fEES: LICENSE TAX CODE: Council at its meeting of March 31. 195B. having referred to a committee composed Of Ressrs. Randolph C. Whittle. Chairman. Harry R. Yarns and Andrew W. 6ilbert for study and Fecommendation a petition of barber shop and beauty parlor operators, requesting a revision in Section 43. Chapter B. Title VI. of The Code of the City of Roanoke. 1956. to eliminate the gross receipts tax for license purposes on their operations, the committee submitted its report, advising that it has made a very careful study of the petition, the section requested to be amended and the License Tax Code generally and that it is unanimously of the opinio[ that no change should be made in the section at this time. the committee advising further that based on the Information available to the committee, it estimates the sum of the annual tax yield which the city mould gain from the gross receipts tax levied against baFber shop and beauty parlor operators, if paid. at annually. Wv. William B. Hopkins. Attorney for the petitioners, appeared before Council and stated that his clients having paid their license taxes for the years 195~. 1957 and 195B in good faith, based on the interpretation of the lam by the Commissioner of the Revenue. they feel they Should not be charged the gross receipt! itax for those years, and that since the license taxes, exclusive of the gross receipts tax placed on the operators, are more than one hundred per cent greater than taxes previously Imposed upon them under the city's License Tax Code and the city has not collected the gross receipts tax in the pant and mould actually lose no revenue, they feel the gross receipts tax should be eliminated, Mr. Webber moved to concur ia the report of the committee. The motion was seconded by Mr. Hheeler and adopted. Hr. Dillard voting no. Hr. Webber then moved to direct the City Attorney to prepare a Resolution relieving the barber shop and beauty parlor operators of the gross receipts tax of SS~ per ~100.00 for the years 1956, 1957 and 195fl. The motion was seconded by Mr. Decker and adopted. Hr. Webber then moved to table for consideration along with the 1959 budget the question of amending the license taxes on barber shop and beauty parlor operato~ The motion was seconded by Mrs. Pickett and adopted. UNFINISRED BUSINESS: NONE. CONSIDERATION OF CLAIHS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Ordinance No. 13335, providing for the transfer of a lease of a 1.60-acre tract of land at the Roanoke Municipal Airport from Mr. Ernest Ramey to Mr. Eugene B. Bass, et ux, and the extension of such a lease for an additional four years, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Nheeler offering the folloming for its second reading and final adoption: (u13336) AN ORDINANCE authorizing Ernest Ramey to sublease unto Eugene D. Bass, et ux., the premises situate within Woodrum Field that he presently leases frem the Citl and agreeing to lease said premises unto said sublessees for an additional term of four years from the 1st day of September, 195D, upon the same terms and conditions. (For full text of Ordinance. see Ordinance Book No. 22, Pa9e 450.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded bl Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett. Mebber, Wheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Mr. Nest absent) PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Ordinance No. 13340, providing for the sale of Lots 8 and 9, Block 3, Rivermont Development Corporation, to Mr. Edgar P. Young for $500.00 cash, having previously been before Council for its firs' reading, read and laid over. was again before the body. Mrs. Pickett offering the following for its second reading and final adoption: (~13340) AN ORDINANCE providing for the sale of Lots 8 and Rivermont Development Corporation, by the City Of Roanoke to Edgar P. Young for $500.00 cash and authorizing the execution and delivery of a deed therefor. (For full text of Ordinance, see Ordinance Book No. 22, Page 459.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the folloming vote: 503 AYES: Council members Decker, Dillard, Pickett. Mebber, Nheeler, and the President, Mr. Young ............... 6. NAYS~ None--~ .............. O. (Mr. Nest absent) SEMAGE DISPOSAL: Council b~ Resolution No. 13329, adopted on the 24th day March, 1958, having directed the preparation of Resolutions providing for including in the contract between the Town of Salem and the City of Roanoke, dealing with the treatment of domestic and commercial wastes, the property of Mercy House, Incovporu. ted, and the property of the Kroger Company, both lying to the west of Salem, Mr. Mebber offered the following.Resolution, dealin9 with the Kroger Company property: (n13347) A RESOLHTIO~ amending the contract of October 16, 1953, between th~ City of Roanoke and the Town of Salem dealin9 with the treatment of domestic and commercial wastes. (For full text of Resolution, see Resolution Book No. 22, Page 461.) Mr. lebber moved the adoption of the Resolution. The motion mas seconded b: Mr, Iheeler nnd adopted b~ the following vote: AYES: Council members Decker. Dillard, Pickett, Mebbero ~heeler, and the President, Mr. Young ............... 6. NAYS: None ................. O. (Mr. Nest absent) Mr. Nebber then offered the following Resolution, dealing with the property (~1334B} A RESOLUTION amending the contract of October 16, 19S3, between (For full text of Resolution, see Resolution Book No. 22. Page 464o) 504 Er. Wheeler moved the adoption of the Resolution. The motion mss seconded by Mr. Decker and adopted by the following tutu: AYES: Council members Decker. Dillard, Pickett, Webber. Wheeler, and the President, Hr. Young ............... 6. NAYS: None ................. O. (Mr. West absent) MATER DEPARTMENT: Council at its meeting of March 31, 1950, having directed the preparation of a Resolution to provide for mater service to a proposed Inter- national Telephone and Telegraph Company plant in the County of Roanoke. north of the city, Hr. Wheeler offered the following Resolution: (u13350) A RESOLUTION authorizing tbs installation of a mater line and metal serve the International Telephone and Telegraph Company's proposed plant. (For full text of Resolution, see Resolution Book No. 22. Page 465.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett. Webber, Wheeler, and the President, Mr. Young ............... 6. NAYS: None ................. O. (Mr. West absent) STATE ItlOI~AYS: Council at its meeting of March 17, lgSO, having directed the preparation Of a Resolution advising the State Department of Highways and the U. S. Bureau of Public Roads of the city*s desires and needs in connection with the proposed spur into the city from the interstate higbmay to be located to the north of the city, Mr. Wheeler offered the following Resolution: (~13351) A RESOLUTION concurring in the general location of the Interstate Highway to the north and west of Roanoke; partially concurring in the location of, and the accesses to and from, the limited access spur connection therewith, to the City of Roanoke, both as presently planned by the United State Bureau of Public Roads and the Virginia State Department Of Highways; requesting an extension and enlargement of such connecting spur; and directing distribution of this resolution. (For full text of Resolution, see Resolution Hook No. 22, Page 465.) Hr. Wheeler moved the adoption of the Resolutioc. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, Pickett, Webber, ~heeler. and the President, Mr. Young .......................... 5. NAYS: None ................. O. (Mr. West absent) (Mr. Dillard not voting) MOTIONS AND MISCELLANEOUS BUSINESS: HEALTR DEPARYMENT: Council at its meeting of March 31, lgSO, having tabled until its next regular meeting the appointment of a member to the Board of Housing and Hygiene, the matter was again before the body, and, upon call by the Mayor, Mrs. Pickett placed in nomination the name of Mrs. Margaret S. Whittaker as a member of the Hoard of Housing and Hygiene for a term to expire January 31, lgbO. Mr. Webber moved to close the nominations. The motion was seconded by Mr. Decker and adopted. Mrs. Whittaker was elected a member of the Board of Housing and Hygiene for term to expire January 31, lg60, by the following vote: . AYES: Council uembers Decher, Dillard, Pickett, Webber, Wheeler, end the 'resident, Mr, Young ................ NAYS~ None .................O, (Mr, West absent) SEWAGE DISPOSAL: The City Manager advised that there Is u possibilit~ of Federal Funds being available to municipalities for the construction or enlurgment of sewage disposal facilities and that he has filed a request for such funds, if and when they become available, for the enlargment of the city*$ sewage disposal JUVENILE A~D DOMESTIC RELATIONS COURT: At the request of Mrs, Pickett, ;ouncil set an informal meeting for 7:30 o'clock, p, mo, April 17, 1956, in the Council Chamber, for the consideration and discussion of matters pertaining to the Juvenile and Domestic Relations Court and Juvenile Detention Home. There being no further business, Council adjourned. APPROVED PreSident f 505 COUNCIL, REGULAR MEETING, ~onday, April 14. 1958. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, April 14. 1950. at 2:00 o°clock, p. the regular meetlng hour. wlth the President. Mr. Young. presiding. PRESENT: Council members Decker, Dillard, Pickett, Webber. Wheeler. and the President, Mr. Young .................. 6. ABSENT: Mr. West .............. 1. OFFICERS PRESENT: Mr. Arthur S, O~ens. City Manager. Mr. Randolph G, Whit:l* City Attorney, Mr. Harry R. Yates, City Auditor. and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by Ur. A. L. James. Pastor First Baptist Church (Negro). MINUTES: Copy of the minutes of the regular meeting held on Monday, April ? 1950, having been furnished each member of Council, upon notion of Mr. Mheeler, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE, PETITIONS AND COMMUNICATIONS: REFUNDS AND REBATES-LICENSES: The City Clerk presented a communication from Mrs. J. Pernie Bryan, advising that her late husband. Charles M. Bryan. purchased a city tag for their automobile and suffered a heart attack on the evening of the dat~ of purchase from which he died a few days later, and that since she could not drive the car, it was disposed of, Mrs. Bryan requesting that Council refund the purchase price Of the tag, in the amount of $10.00. Mr. Wheeler moved to concur in the request and offered the following Resolution: (z13352) A RESOLUTION refunding unto Mrs. J. Pernie Bryan the charge made for a City automobile license tag. (For full text of Resolution, see Resolution Book No. 22, Page 467.) Mr. Wheeler moved the adoption of the Resolution. The =orion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, Webb~ . Wheeler. and the President, Mr. Young ............... NAYS: None ................. O. (Mr. Mest absent) STREETS AND ALLEYS: The City Clerk presented a petition from Nancy Shelor Brooks. et al, requesting that Minston Avenue, S. N.. extending from Twenty-second Street to the property line of Lots 5 and 6, Block 10. Colonial Heights. extended, and Tmenty-thlrd Street. S. W., from Lynn Avenue southward to the Norfolk and Western Railway right of way, be vacated, discontinued and closed, and that viewers be appointed to view the said streets as required by the Code of Virginia. Mr. Wheeler moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Decker and adopted. hrs. Pickett then offered the following Resolution sppoletin9 viewers: (~13353) A RESOLUTION providing rot the appointment of five freeholders. any three of whom may act, ns viewers lo connection with the petition of Nancy Shelor Droo~s, Emily ~. ~hitlow Gearhart and Harry G. Whitlow, Jr** to permanently vacate, discontinue~esd close the following streets: that portion of Winston Avenue. S. ~** lying between Bloch Il, and Lots I through 8, Inclusive, Bloch 16, according to the Map of Colonial Seights, extending from the intersection of said Winston Avenue with 22nd Street and 23rd Street, S. W,, end lying betmeen the pro- perty of the petitioners; that portion of 23rd Street, S. W,, between Blockll, 16 and 10, according to the Nap of Colonial Heights. extending from the Intersection of 23rd Street with Lynn Avenue and the right of way of the Norfolk and Western Railway Company; and that portion of Winston Avenue, S. W., bounded by Lots 6, ? and 8, Hloch IO, according to the Map of Colonial Beights, and the right of way of the Norfolk and ~estern Railway Company, and extending from the boundary line of Lots 5 and 6, Block 10, extended, to the intersection Of Winston Avenue and 23rd Street, S. N., and lying between the property of the petitioners and the Norfolk and Western Railway Company. (For full text of Resolution, see Resolution Book No. 22. Page 468.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Ur. Decker and adopted by the following vote: AYES: Council members De~ke~* Dillard, Pickett, Webber. Wheeler. and the President, Mr. Young ............... 6. NAYS: None ................. O. (Mr. West absent) JUVENILE AN8 DOMESTIC RELATIONS COURT: The City Clerk presented a communi- cation from the Roanoke City Youth Commission, advising that. since it is evident that the present Detention Home does not satisfactorily care for the small segment of Roanoke City youth requiring secure custody, it endorses the recommendation of the Bureau of Juvenile Probation and Detention Of the State Department of Welfare and Institutions for the erection of a regional juvenile detention facility if the other contiguous political subdivisions will agree and a workable administrative program can be developed, the Commission further endorsing other portions of the program. Ur. Wheeler moved to table the report for consideration along with other juvenile and domestic relations matters by Council at its informal session to be held April 17, 1980. The motion was seconded by Mr. Decker and adopted. JUVENILE AND DORESTIC RELATIONS COURT: The City Clerk presented a communi- cation from the Judge of the Juvenile and Domestic Relations Court, making certain recommendations for reorganization Of the staff at the Juvenile and Domestic Relations Court and the Juvenile Detention Home. the increase of certain salaries of staff members, as well as the creation cf a new position of Assistant Judge and other additional administrative personnel. Mr. Wheeler moved to table the communication for consideration by Council, along with other matters pertaining to the Court and Home, at its informal session to be held April 17, 1958. The motion was seconded by Mr. Decker and adopted. JUVENILE AND DOMESTIC RELATIONS COURT: The City Clerk presented a communi- cation from Mrs. Mllliam G, Nelson, Jr** 1409 Third Street. S, N.. criticizing the activities of Mrs. E. V. Cox at the Juvenile Detention Rome on Easter of this year. Mrs. Pickett moved to table the matter for consideration along vith other Juvenile matters to.be considered by Council at its informal session to be held April 17. lg50. The motion vas seconded by Mr. Wheeler and adopted. REPORTS OF OFFICERS: BUDGET-STREETS AND ALLEYS: The City Manager reported that the Installation of curb and gutter on the vest side.of Huff Lane, N. ~,, from Avalon Avenue to Van- couver Drive, and an operatin9 drainage shaft in the area has been completed, the City Manager recommending that Council appropriate $10,000.00, the estimated cost for paving the street, in order that this work might be accomplished, and further advising that a large oak tree at the intersection of Duff Lane and Avalon Avenue is a traffic hazard and in his opinion should be removed, but stating that this can- not be accomplished except under the authority Of Council since the tree is consider ed a landmark. Mr. Mebber moved to direct the City Manager to advertise for bids for the ,avia9 of Huff Lane. N. ~., between Avalon Avenue and Vancouver Drive. such bids to be submitted to Council for its consideration. The motion was seconded by Mr. Decker and adopted. Mr. Wheeler then moved to direct the City Attorney to prepare a Resolution authorizing the City Manager to remove the oak tree from the intersection of Avalon Avenue and ltuff Lane, N. W. The motion was seconded by Mr. Decker and adopted. BUDGET-SEWAGE DISPOSAL: The City Manager reported that the pump at the Ferncliff Avenue Pumping Station has recently been out of service for more than treaty-four hours because of a breakdown, that, in his opinion, such breakdowns are a hazard to the health of the community, and indicate the necessity for a Standby Pump, the City Manager therefore recommending an appropriation of $1,010.00 to pro- vide for the purchase and installation of a Standby Pump at the pumping station. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=13354) AN ORDINANCE to amend and reordain *Non-Operating Expenses" of the 1950 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 22. Page 469) Ers. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following rote: AYES: Council members Decker. Dillard. Pickett. ~ebber. Mheeler, and the President, Mr. Young ............... NAYS: None ................. O. (Mr. ~est absent) AIRPORT: The City Manager reported that he has received a firm offer from Blue Ridge Memorial Gardens, Incorporated, to convey to the city a O.140 acre strip of land. lying on the east side of State Route No. lid east of the Roanoke Municipal~ Airport, needed for the relocation of the said route in connection with the extensio- of the northeast-southwest runvay thereon, at a price of $210.O0, which he recommends be accepted, Mr. ~beeler moved to concur ia the recommendation of the City Runager and offered the following emergency Ordinance: (x13355) AN ORDINANCE authorizing and directing the acquisition of a strip of land containing 0.140 acres, more or less, from Blue Ridge Memorial Gardens. Incorporated, to be used for the CityOs Federal Airport Project; appropriating the sum of $210.00 for the payment therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance OookNo. 22. Page Mr. Wheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett. Nebber, Wheeler. and the President, Mr. Young ............... NAYS: None ................. O. (Mr. Mest absent) AIRFORT: The City Manager reported that be has received a firm offer from Mr. Clay D. NJninger. et al, to convey to the city two parcels of land containing 0.40 acre and 0.12 acre, lying on the east side of State Route No. IlO east of the Roanoke Municipal Airport, needed in connection with the extension of the northeast- southwest runway thereon, at a price of $900.00. which he recommends be accepted. Mr. Decker moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=l~aSb) AN ORDINANCE authorizing and directing the acquisition cf two (2) certain strips or parcels of land from Clay D. Nlnlnger and others, one containing 0.48 acre and the other containing 0.12 acre, the same to be used in connection wit~ the City*s Federal Airport Project; appropriating the sum of $900.00 for the payment therefor; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 22. Page 471.) Ar. Decker moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Nebber, ~heeler, and the President. Mr. Youn9 ............... 6. NAYS: None ................. O. (Mr. West absent) REPORTS OF COMMITTEES: NONE. UNFINISRED BUSINESS: NONE. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: LICENSE TAX CODE: Council at its meeting of April 7. 195R. having directed the preparation of a Resolution relieving barber shop and beauty parlor operators of the gross receipts tax of 55~ per $100.00 on their businesses for the years 1956, 1957 and 1950. Mr. Decker offered the following Resolution: (=13357) A RESOLOTION directing the Commissioner of Revenue not to collect that portion of the license tax levied on the gross receipts deriyed from the operation of barber shops, beauty parlors or shops, and hairdressing establishments as provided for in Section 43, Chapter O, Title VI. of The Code of the City of Roanoke, 1956. {For full text of Resolution, see Resolution Rook No. 22. Page Hr. Decker moved the adoption of the Resolution. The motion mss seconded bi Hr. Dillard and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett. lebber, Nheeler, and the President, #r. Young ............... 6. NAYS: None ................. O. (Mr. ~est absent) BUDGET-GRADE CROSSINGS: Council at its meeting of April 7, 1958. having directed the preparation of a Resolution providing for the replacement of a 60- gallon per minute electric pump in the Jefferson Street pedestrian underpass with a 300-gallon per minute pump. said work to be accomplished by the Norfolk and lestern Railway Company at a cost of SR,O00.O0, one-half the cost thereof to be borne by the Glty of Roanoke. Mr. Decker offered the following Resolution: (z!3358) A RESOLUTION providing for the installation of a larger water pump in the Jefferson Street pedestrian underpass. (For full text of Resolution. see Resolution Book No. 22. Page 473.) Mr. Decker moved the adoption of the Resolution. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett, Webber. Wheeler, and the President. Mr. Young ............... . NAYS: None ................. O. (Mr. Nest absent) Mr. Decker then offered the following emergency Ordinance. providing funds for the payment of the city*s one-half cost of the installation of the said pump: (#13359) AN ORDINANCE to amend and reordain Section ai44, "Departmental~ et~ (For full text of Ordinance, see Ordinance Book No. 22, Page 473.) Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Mrs. pickett and adopted by the following vote: AYES: Gouncil members Decker. Dillard, Pickett. Webber. Wheeler, and the President. Mr. Young ............... 6. NAYS: None ................. O. (Mr. West absent) REFUNDS AN~ REBATES-LICENSES: Council at its meeting of April T, 1950. havin directed the preparation of a gesolution authorizing the refund of $10,00 to Dr. F. S. Givens, covering a city automobile tag purchased by him through error. Decker offered the following Resolution: (~13360) A RESOLUTION refunding unto Dr. F. S. Givens the charge made for a City automobile license tag. (For full text of Resolution, see Resolution Book No,22, Page 474°) ~r. Decker moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, Webber, Rheeler. and the President, Mr. Young ............... NAYS: None ....... ~ ......... O. (Mr. West absent) SIGNS: Council at its meeting of April T, 1958. having directed the pre- paration of a Resolution granting a permit to The First National Exchange Bank of Roanoke to locate a sign in a twelve foot grass plot between the sidewalk and the curb in front of its new branch bank on the north side of RcClanahan Street, S~ west of Carolina Avenue. Br. Wheeler offered the following Resolution: (z13361) A RESOLUTION granting a permit to The First Rational Exchange Bank to install a sign on City property, (For full text of Resolution, see Resolution Book No, 22, Page 474') Mr, Rheeler moved the adoption of the Resolution, The motion mas seconded by Mr, Decker and adopted by the following vote: AVES: Council members ~ecker, Pickett, Nebber, Nheeler, and the President, Rt, Voung .......................... NAYS: Mr. Dillard .......... lo (Rr. Nest absent) MOTIONS AND MISCELLANEOUS BUSINESS: BOARD OF ZONI~G APPEALS-REGISTRAR: Mr, S, H, Barnharto Chairman of the Hoar( of Zonin9 Appeals, appeared before Council and stated that the City Manager has directed the removal of the office of the Board of Zonfog Appeals and the City Planning Commission from the Municipal Building to the Health Center in order to provide space for.the Runicipal Conrt*s Traffic Violations Bureau, Mr. Earohart suggesting that Council consider moving the Registrar from the Municipal Building the Health Center rather than to the joint office of the two Boards. since, in his opinion, it will cause less Inconvenience to the public. Rt. Mebber moved to appoint a committee composed of Mayor Malter L. Young, Chairman, Mrs. Mary C. Pickett and Mr. Arthur S. Owens to confer with the City Planning Commission. the Board of Zonin9 Appeals and other interested persons and to thereafter study the matter, submittin9 its recommendations to Council on the proper method of solving the matter. The motion was seconded by Mr. Rheeler. Mr. Hlllard offered a substitute motion to permit the Board Of Zoning Appeals and the City Planning Commission to remain in their present office. The substitute motion died for want of a second; whereupon, the motion of Mr. Nebber was adopted by unanimous vote. PLANNIRB EOMMISSIONS: Mayor Young presented a communication from the Roanokt Valley Regional Planning and Economic Development Commission, advisingthat it is plannin9 to develop a proposed land use map for the Roanoke Valley. and requesting that Council fix a time and date at which it would hear a representative of the Commission explainin9 its purpose. Mr. Rebber moved to hear the representative of the Roanoke Valley Regiooal Plaoning and Economic Development Commission at the regular meeting of Council on April 21. 1950. The motion was seconded by Mr. Decker and adopted. BOARD MEMBERS: The City Clerk reported the qualification of Mr, James Flippin~ Judge of the Municipal Court; Mr. S. Lewis Ltonberger, appointed by the Mayor to fill the unexpired term of R~. Jacob L. Reid. deceased, as a Commissioner of the City of Roanoke Redevelopment and Housin9 Authority; and Mrs, Margaret S. Nhittaker. o member of the Board of Housing and Hygiene. The report was ordered filed, There being no further business, Council adjourned. APPROVED presid~qt ..-'/ COUNCIL. REGULAR REET1NGo Monday. April 2l. 1950. The Council of the City of Roanoke met la regular meeting in the Council Chamber in the #unicJpal Building. #onday. April 21, Ig50, at 2:00 o'clock, p. m.. the regular meeting hour. with the Vice President. Sr. Rheeler. presiding. PdESENT: Council members Decker, Dillard, Pickett, Mebber, and the Vice President. Hr. Hheeler .......................................... 5. ABSENT: Hr. Most, and the President, Hr. Young .......... 2. OFFICERS PRESENT: Rt. Arthur S. Owens. City Ranager, Mr. Randolph G. MhJttle. City Attorney. Mr. Ilarry R. Yates, City Auditor. and Hr. J. Robert Thomas, City Clerk. IN%OCATION: The meeting was opened with a prayer by Mr. Arthur S. Owens. City Manager. MINUTES: Copy of the minutes of the regular meeting held on Monday. April 14, 1950. having been furnished each member of Council. upon motion of MFs. Pickett, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: PLANNING COMMISSIONS: Mr. G. L. Mattern, Chairman of the Roanoke Valley Regional Planning and Economic Development Commission, appeared before Council and advised that the Commission, after preparation of a base map of the Roanoke kalle~ area and a preliminary major road net map thereof, has recently employed Garland Mood Associates of Richmond, %irginia, to prepare a study and proposed land use map of the Roanoke Valley which the firm hopes to hare completed by late summer of this year, the said study to proiect for the next ten years the various types of land use requirements ia the Valley, based upon its probable growth. and to designate the general areas presently undeveloped which would be suitable for the land use type requirements, Mr. Mattern further advising Council that the Commission is also conducting a study of the water supply and resources in the Valley and their relationship to increasing demand, based upon predicated growth. both of which studies will be broad in nature and require additional studies in the future in order to develop detail plans, Mr. Mattern stating that this verbal report to Council is a part of the Commission*s program of advising the partici- pating governmental agencies of its activities and soliciting their understanding and support of the Commission*s programs, and that upon completion of the studies, they will then be transmitted to the governing bodies of the member governments for their disposition. Vice Mayer Wheeler extended the thanks of Council to Mr. Mattern and the other members of the Commission, assuring them that Council is vitally interested in the projects which t he Commission has under way. SOLICITATIONS: Messrs. Broaddus E. Chewning, Chairman, Frederic E. Bishop. Edward C. Moomaw, A. S. Rachal. Jr.. and Frank J. Sherertz, members of the Advisor Commission on Public Solicitation, appointed by the City Manager under Title XX, Chapter 4, of The Code of the City of Roanoke. Virginia. 1956, appeared before Council and presented a copy of a communication which they addressed to the City 8 Manager under date of February 22, 1958, advising that they disagree with the City Manager and the City Attorney in their interpretation of the law governing the control of such solicitations aa to persons who are not required to secure n permit from the City Manager, as a result of which interpretation, so coiled advertising firms are able to come into the city. secure a license from the Conmis. sinner of the Revenue and then proceed to collect large sums of money, soliciting under the name of a local organization, thus evading the intent of the Solicitation Ordinance. the Commission advising that, in its opinion, ali solicitations where the profits of the venture are being split betmeen a regularly licensed agency and a sponsoring organization should be covered by the City Manager's permit. The Commissioner of the Revenue and the License Inspector appeared and stated that under the existing laws they have on alternative but to Issue licenses to applicants qualifying under the tax laws, suggesting that Council if it desires to place these persons under the City Ranager*s permit po~er, require that such permits be secured and presented to the Commissioner*s office as a prerequisite to securing said licenses. Mr. Jabber moved to refer the matter to the City Attorney for his study and prepnrntion of an Ordinance amending the City Code to carry out the request of the Advisory Commission. The motion was seconded by Mr. Dillard and adopted. PETITIONS AND COMMUNICATIONS: AIRPORT: The City Clerk presented a Resolution from the Board of Directors of the Roanoke Chamber of Commerce, requesting that Council revise and update the city*s master plan for the development of the Roanoke Municipal Airport. in view of the increasing construction costs, and attempt to secure additional funds from the Virginia Division Of Aeronautics to be applied to the construction of the airport, it being pointed out that the Commonwealth receives approximately $50.000.1 annually, in gas taxes from operations at Woodrum Field. Mr. Decker moved to refer the matter to a committee composed of Messrs. Roy L. ~ebber, Chairman, Arthur S. Owens and Harry R. Yates for study and recom- mendation. The motion was seconded by Mrs. Pickett and adopted. BONDS-SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board, advising that after careful analysis of the proposed schedule of construction of school facilities from the proceeds of the recently approved SD.O00.O00.O0 bond issue, the Board recommends that, in order to meet the proposed construction schedule, bonds be sold as follows: *By July 1. 1950 to meet requirements to July 1, 1959 $2,400.000.00 By July 1, 1959 to meet requirements to July 1. 1950 3.600,000.00 By July 1, 1960 to meet requirements to July 1. 1951 1.500,000.00 By July 1. 1961 to meet requirements to July 1. 1962 SO0,O00.O0* hr. Dillard moved to table the matter until the next regular meeting of Council in order that the Mayor might be present when it is discussed. The motion was seconded by Mr. Decker and adopted. RECREATIOH DEPART#F~T: The City Clerk presented a communication from Hr. ~. Donald Dobbs. advising that a group of citizens, representing the civic clubs in the ~illiamson Road area, bas held a meeting and has requested that Council give immediate consideration to the establishment or a teenage center in their community. RFp Nebber moved to refer the request to the City Nanager for consultation mith the Director of Parks and Recreation and, after due study, to submit his report and recommendations thereoo. The motion was seconded by Ry. Dillard and adopted. STREETS AND ALLEYS: The City Clerk presented a petition from residents of Kenmood Boulevard and Greenbrier Avenue. S. E.. complaining of conditions in an alley lying between the two streets and requesting that the alley be cleaned up, that the weeds be cut and that gravel be placed on said alley. Rr. Dillard moved to refer the matter to the City Manager for necessary action nnd report to Council. The motion was seconded by ~rs. Pickett and adopted SCHOOLS-PARKS AND PLAYGROUNDS: The City Clerk presented a communication from the Ruff Lane Parent-Teacher Association, calling attention to a petition of residents of the Dorchester Court ~ Round Dill Section submitted in October. 1957, requesting that a portion of the land purchased for the Huff Lane School site be developed and used as a park for residents and children of that community, upon which no action has been taken, and requesting that favorable action be considered at this time, the City Clerk reporting that this matter was referred to the City Ranager and to the Roanoke City School Board in October. 1957. for study and recommendation. The City Bannger reported that under the 1950 work program covered by the 1950 budget funds were included for the development of the land in question for park and recreational use and that the work was scheduled to be accomplished in March. 1950, but that due to weather conditions it has been delayed, however, he has been advised by the Director of Parks and Recreation that work On the project has already been started and is scheduled to be completed within the next few weeks Rro Dillard stated that the City Ranager's report seems to close the matter and moved to direct the City Clerk to advise the Bnff Lane Parent-Teacher Associ- ation thereof. The notion was seconded by Mr. Decker and adopted. REPORTS OF OFFICERS: AIRPORT: The City Ranager reported that the Executors of the Estate of W. J. Nelson have agreed to convey to the city a 0.143 acre parcel of land needed for the relocation Of State Route No. 119 in connection with the extension of the northeast-southwest runway at the Roanoke Municipal Airport at a price of $1,T14.50, which offer he recommends be accepted, the City Manager advising that this is the final parcel of land required for the relocation of the highway and that he antic- ipates the work can be started in the early summer. Rt. Decker moved to concur in the recommendation of the City Ranager and offered the folloming emergency Ordinance: ~0 (u13362) AN ORDINANCE authorizing and directing the acquisition of certain land to be used for the relocation of n portion of State Route No, IlO in connection ~lth the development of the City's Mnniclpnl Airport in Roanoke County; appro $1.764.50 for the purchase price of said land and other costs incidental thereto and incident to a change in the grade of said proposed road; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 47S.} Rt. Decker moved the adoption of the Ordinance. The motion was seconded by Rrs. Pickett and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Webber, and the YJee President, Wt. Mheeler ............. NAYS: None ................. O. (Mr. Meat. and the President. Mr. Young, absent} PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that he has successfully concluded negotiations with Mr. Thomas M. Milkerson for the acquisition of a 0.04 acre tract of land needed in connection with the relocation and improvement of Mhiteside Street. N. E., at a price of $2,475.00, which he recommends be accepted. Pointing out that there are several other parcels of land required in connection with the relocation of Mhiteside Street and that Council should have some idea of the total cost of the necessary right of way before acting on the individual parcels, Mrs. Pickett mored to table the matter pending a further report of the City Manager. The motion was seconded by Mr. Dillard and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TRAFFIC-SYREETS AND ALLEYS: Council at its meeting of April 14, 1950, havin! directed the preparation of a Resolution authorizing the City Manager to remove a large oak tree standin9 in the intersection of Avalon Avenue and Huff Lane, N. W,, the City Clerk presented the Resolution. Mr. Webber moved to table the Resolution. The motion was seconded by Mr. Dillard and adopted. PURCBASE OF PROPERTY-PARKS AND PLAYGROUNDS-STREE'IS AND ALLEYS: The City Manager reported that in pursuance of Ordinance No. 13334, adopted by Council on the 31st day of March, 195~, directin9 the City Manager to undertake to acquire certain real estate from Dr. George B. Lawson, needed for the extension of Wiley Drive up Roanoke River, at a price of $250.00. he has neootiated with Dr, Lawson who has donated the required land to the City of Roanoke and has tendered a deed therefor, the Citl Manager recommending that Council adopt a Resolution of appreciation. Mr. Decker moved to concur in the recommendation of the City Manager and offered the following Resolution: (e13363) A RBSOLBTION expressing the appreciation of this Council and of the citizens of the City of Roanohe unto George D. Lawson and Julia K. Lawson fer their generosit7 in giving and conreTlng unto the City certain real estate to be used es right of way for Riley Drive. (For full text of Resolution, see Resolution Book No. 22, Page 476.) Mr. Decker moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, ~ebber, and the Vice President. Mr. Mheeler ............. 5. NAYS: None ................. O. (Mr. Rest, and the President, Mr. Young, absent) MOTIONS AND MISCELLANEOUS BUSINESS: None. There being no further business, Council adjourned. APPROVED ~2 COUNCIL, REGULAR MEETING, Monday, April 20. 19560 The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, April 29° 1959, at 2:00 o'clock, p. m., the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard. Pickett. Webber, Nheeler, and the President, Mr. Young ............... 6. ABSENT: Mr. West .............. I. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Dr. Rand?lph G. Whittle, City Attorney, Mr. Ilarry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas Opened with a prayer by the Reverend Charles E. Crank, Jr., Pastor, First Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, April 21, 1959, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC RATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a petition from Uarold E. and Theresa A. Rowe, requesting that their property located on the northeast corner of Walnut Avenue and Piedmont Street, S. E., designated as portions of Lots !, 2 and 3, Block 23, Roanoke Gas and Mater Company, be rezoned from Special Residence District to Business District. Mrs. Pickett moved to refer the matter to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. ZONING: The City Clerk presented a petition from Mr. George E. Lester. et al, requesting that their property located on the south side of Patterson Avenue S. W., between Nineteenth Street and Twentieth Street, designated as Lots 1-9, inclusive, Block 39. West End and Riverview, be rezoned from General Residence District to Light Industrial District. Mr. Decker moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Dillard and adopted. REPORTS OF OFFICERS: TRAFFIC: The City Ranager recommended the installation of a traffic signal on Twenty-fourth Street, N. W., at the intersection of the Norfolk and Western Railway Company's entrance into the Shaffers Crossing area, advising that the cost of such a traffic signal is estimated at approximately $1,900.00 and that the Norfolk and Western Railway Company has agreed to pay one-half of said cost. Mr. Webber moved to direct the City Attorney to prepare a Resolution pro- riding for the installation of the traffic light as recommended by the City Manager, the Norfolk and Western Railway Company to refund to the city one-half the cost thereof. The motion was seconded by Mr. Decker and adopted. Mrs. Pickett then moved to direct the City Manager to prepare and submit to Council, in time for consideration along with the 1959 Budget, a plan for improving the traffic conditions north of the Shoffers Crossing Underpass. The motion mas seconded by Mr. Dillard and adopted. AIRPORT: The City Manager reported that the contract for the purchase of gasoline for resale at the Roanoke Municipal Airport. betmeen the City of Roanoke end the Esso Stnndnrd Oil Company. will expire on June 30. 1950. which contract provides that the city may renegotiate same with the company, if the city so desires, the City Manager pointing out that the Esso Standard O11 Company under its contract installed the pumpin9 and storage equipment for the gasoline at the airport and that any new supplier for the gasoline will have to arrange with the Esso Standard 011 Company for ,akin9 over this equipment at its depreciated value. or provide for its replacement, the City Manager stating that. in his opinion, it woold be wise to advertise for new bids in the premises, Mr, Rheeler moved to direct the City Manager to advertise for bids for furnishing qasoline for resale at the Roanoke Municipal Airport, thus allowing the existing contract to expire, The motion was seconded by Mr, Decker and ndopte¢ LIBRARIES: The City Manager reported the appointment of Riss Nancy Uimes as Acting Director of Libraries effective May 1, 1958, The report was ordered filed, SEWAGE DISPOSAL: The City Manager reported the appointment of Hr, U. S, Zimmerman as Superintendent of the Sewage Treatment Plant effective April 16, 1953, The report was ordered filed, EASEMENTS-HOUSING: The City Manager reported that in connection with the development of the Commonwealth Redevelopment Project Area certain easements for sanitary sewers, storm drains, water lines and other municipal purposes held by the city will no longer he needed after the new subdivision plan becomes effective, and that the Redevelopment and Housing Authority has requested that such unused easements be conveyed to the Authority concurrently with the filing of said Authority's subdivision map, in order to clear titles on some of the property in the subdivision, which request the City Manager recommends, Mr, Wheeler moved to direct the City Attorney to prepare the proper Ordinance providing for the transfer of the easements as recommended by the City Manager, The motion was seconded by Mr, Decker and adopted, BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager reported that the Judge of the Juvenile and Domestic Relations Court has requested certain telephone equipment additions which will cost $130,00 for the remainder of the year, the City Manager recommending that the necessary appropriation be ~ade. . Mr. ~ebber ~ored that the Rotter be tabled until the next regular meeting of Council and that Council hold an informal meeting on Thursday, May 1, 1953, at 7:30 o'clock, p, m,, in the Council Chamber, to consider matters relating to the Juvenile and Domestic Relations Court and Home. The motion was seconded by Mr, Wheeler and adopted, STREET LIGHTS: The City Manager requested authority to install three 21,000 lumen street lights and remove one 6000 lumen street light and one 2500 lumen street light on Fourth Street. N. E.. near Rtlliamson Road. Rr. ~heeler ~oved to concur in the recommendation of theClty Manager and offered the following Resolution: (s13364) A RESOLUTION authorizing the installation, replacement and femoral of street lights on Fourth Street. N. E,, south of Orange Avenue. (For full text of Resolution. see Resolution Book No, 22, Page 477,) Rt. Rheeler moved the adoption of the Resolution. The motion mas seconded by Hr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett. Webber. Mheeler, and the President, Mr. Youn9 NAYS: None .................O, (Hr. West absent) REPORTS OF CORRITTEES:- PURCIIASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council at its meeting of March !0, 1953. havin9 referred to a committee composed of Mr. Benton O. Dillard, Chairman, Mr, Alan G. Decker and Mrs. Mary C. Pickett an offer of Mr. R. Donald Dobbs to sell the city at a price of $25.000.00. a 4.R3 acre tract of land with a house thereon, located at the intersection of Pennsylvania Avenue and Boover Street N. W., known as the Bateman property, for use as a recreational center, the com- mittee submitted its report, advising that. after a thorough study of the property and consultation with the City Planning ComMission and the Director of the Departme~ of Parks and Recreation, it recommends against the purchase of the property, and stating in the report that it recognizes the need for recreational facilities in the area and feels that they should be provided as rapidly as possible; however. thc committee called the attention of Council to Resolution No. 13236, adopted on November 11. 1957, wherein Council entered into a Joint use policy agreement with the Roanoke City School Board, which agreement provides that schools hereafter constructed will be so designed as to provide recreational use of portions of the school buildings to meet the needs of the community wherein they are located and, in addition, that the school grounds will be designed for recreational use by the Department of Parks and Recreation, the committee pointing out that the School Board now has a 14.2 acre tract of land on the southeast corner of Bershberger Road and West Side Boulevard, N. W.. on which it intends to erect an elementary school under the current school building program, which school in its opinion will ~rovide recreational facilities more suitable than those that would be afforded by the purchase of the Bateman property, the committee further recommending that Counci [vigorously pursue the provisions set out in the joint use policy, between the City of Roanoke and the Roanoke City School Board. in connection with the present school construction program, in order that additional recreational facilities may be Mr. Dillard, Chairman of the committee, in an addendum to the report, stated that he thinks Council should make a counter offer of $22.500.00 for the Bateman Mr. M. Donald Dobbs, Agent for the owners of the property, appeared before and stated that the owners have agreed to sell the property for $24,500.00, but he does not beliere that a better price than that can be secured, Mr. Dobbs further stating that the people in the northwest area want the city to purchase the Bateman'property for a recreational center. Mr. B. Bo Harden, a resident of the Villa Heights area. appeared before Council and requested that the Bateman property be purchased. Mr, Webber moved to table the report of the committee until the next regular meeting of Council at which time it can be considered along with the report of the City Manager on a proposed teenage center for the Williamsnn Road area, which report the City Manager was directed to prepare at the preceding meeting of Council, The motion was seconded by Ry. Wheeler and adopted, Mrs. Pickett then moved to direct the City Manager in collaboration with the City Planuing Commission and the Director of the Department of Parks and Recreation to look into the acquisition of property for a park and recreational center to serve the Villa *eights - Forest Park - Washington Ileights area of the city and to submithis report thereon to Council. The motion was seconded by Mr, Decker and adopted. UNFINISHED BUSINESS: BONDS-SCIIOOLS: Council at its meeting of April 21, 1950, having tabled until its next regular session a request of the Roanoke City School Board for the sale of school bonds, the matter was again before the body. Ur. Mebber moved to direct the City Attorney in collaboration with the City Clerk and the City Auditor to prepare an Ordinance providing for the sale of $2,400,000.00 of school bonds authorized in the recent referendum, said bonds to be sold on August 20, 1950. dated September 15, lgs~, and delivered on that date or as soon thereafter as possible. The notion was seconded by Mr. Decker and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BONDS-CITT EMPLOYEES: The City Clerk presented an Ordinance fixing the amounts or penalties of the bonds required of certain officers and mmpi*Ices of the city, and approving the surety thereon, said Ordinance being presented to Council in compliance with Section 60 of the City Charter, the City Clerk advising that the blanket bond coverage for certain individual bonds for municipal employee! expired on April 26, 1958. Mr. Decker offered the following emergency Ordinance: (=13365) AN ORDINANCE fixing the amounts or penalties of the bonds required of certain officers and employees of the City; approving the surety thereon; and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 477.) Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Nr. Mheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Mheeler, and the President, Mr. Young ................ NAYS: None .................O, (Mr, West absent) MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-FIREARRS-NUISANCES: The City Manager presented a communication from Mr. John H. Wind*l, enclosing a check for $100.00 which he is offering to the City of Roanoke for use in connection with the pigeon elimination program being carried on, and requesting that the money be used to pay an additional ten cent bounty on pigeons up to one thousand, delivered to the city prior to August 1950, as an incentive to individuals in the collection of the pigeons, the City 16 Manager recommending acceptahee of the offer and the appropriation of $100,00 to the Pigeon dounty fund for that purpose, dro Dillard anted to concur in the recomsendatJon of the City Manager and offered the following emergency Ordinance: (u!3366) AN ORDINANCE to amend and reordain Section c60, ~Police Deport- neat', of the 1958 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book do. 22, Page 478.) Mro Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler. and the President, Mr, Young ................ 6, dAYS: done .................O. (Ur, Mast absent) YOUTd COMMISSION: The City Clerk reported that the terms of Mr. M. ~. dcCathern and the Reverend F. E. Alexander. as members of the Youth Commission, will expire on April 30. 1959. On call from the Mayor. Mr. Dillard placed in nomination the names of Mr. W. W. McCathern and the Reverend F. £. Alexander as members of the youth Com- mission for two year terns each beginning Ray 1, 1958. Rr. Webber moved to close the nominations. The motion was seconded by Mr. Wheeler and adopted, Ur, W. Mo UcCathern and the Reverend F. £, Alexander were reelected as by the following vote: AYES: Council members Decker, Dillard. Pickett, Webber, Wheeler. and the President, Br. ¥oun9 ................ 6o NAYS: ~one .................O. (Mr. West absent) TAXES: dr. James A. Armstrong, Commissioner of the Revenue. appeared before Council and suggested that the quarterly payment of real estate taxes be eliminated and that a semiannual payment he installed in lieu thereof. The Commissioner of the Revenue was advised by Council to place his request in ~riting, in detail, and to submit it to the City Clerk. There being no further business, Council adjourned. APPROVED v Pre/sideat / COUNCIL, REGULAR MEETING, Monday, May 5, 1q58, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, May 5, 195R, at 2:00 o'clock, p. the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr, Young ........................ ABSENT: Mr, Mest .......................1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph Whittle. City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meetin9 was opened with a prayer by Dr. Mo II. Bryant, Pastor, First Baptist Church. MINUTES: Copy of the minutes of thc regular meeting held on Monday, April 28, 1958, having been furnished each ~ember of Council, upon motion of Mrs. Pickett seconded by Mr, Decker and adopted, the reading was dispensed with and the ~inutes approved as recorded, HEARING OF ClTIZENSUPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a petition of twenty-eight residents of the TO0 block of Staunton Avenue, the 000 block of Orayson Avenue, and Eighth Street, N, W., between Staunton Avenue and Grayson Avenue, requesting that the said streets be paved. Mr, Wheeler moved to refer the matter to. the City Manager for study and recommendation, including an estimate of the cost, The motion was seconded by Mr, Decker and adopted, REFUNDS AND REBATES-SEMER ASSESSMENTS: The City ClerW presented a request of Mr. C. D. Heath for a refund of $16.61. representing principal and interest of an overcharge on a sewer assessment against his property, being a part of Lot 12, John Darnand Map, located on Garden City Boulevard, S, E,, the overcharge having been made by reason of an error in the amount of front footage of the property as assessed by the City Engineer*s office, Mrs, Pickett moved to concur in the request of Mr, Beath and offered the following Resolution: (ff13367) A RESOLUTION directing that a sewer assessment refund be paid to C, H, Heath. (For full text of Resolution, see Resolution Hook No, 22, Page 479) Mrs, Pickett moved the adoption of the Resolution, The motion was seconded by Mr, Rheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Mheeler, and the President, Mr. Young ......................... NAYS: None ..........................O. (Mr, West absent) REPORTS OF OFFICERS: STREETS AND ALLEYS: Council at its meeting of April 21, 19S8. having referred to the City Manager for necessary action and report a petition of twenty- nine residents of Kenwood Bou/erard and Greenbrier ArCaDe, S. E., complaining of the condition of an alley lying between the tmo streets, the City Manager submitted a report, advisin9 that the Director of Public Marks has caused the alley to be cleaned up and repaired an requested in the petition. The report mss ordered filed. STATE IIIDBMAYS: The City Manager presented a communication from the Depart- ment of lllghmays of the Commonwealth of Virginia, advising that it is making a study of the proposed extension of the Roanoke spur from the Interstate Highway, southward from Orange Avenue, N, E., to Elm Aeenue, S. E** as requested by Council. The report was ordered filed, BUDGET-STREETS AND ALLEYS: The City Manager submitted a report, stating that the study conducted by the Director of Public Works indicates that there has been damage to the streets during the recent bad weather, exceeding STS,O00.O0, and advising that unless action is taken to repair this damage it will result in greater cost later on, the City Manager therefore recommending that Council authorize an additional $82.000.00 for street paving under the contract existing between the City of Roanoke and Virginia Asphalt Paving Company, Incorporated, and requesting an appropriation therefor, the City Manager also presenting a letter from the Virginia Asphalt Paving Company, Incorporated, agreeing to the extension of its contract to that extent. mr. Webber moved to direct the City Attorney to prepare a Resolution pro- viding for an extension of the contract between the City of Roanoke and Virginia Asphalt Paving Company, Incorporated, in the amount of ~2,000.00, and to direct the City Manager to furnish Council a work program, covering the streets to be under the extended contract. The motion was seconded by Mr. Decker and adopted. RATER DEPARTMENT: The City Manager reported that for some years past there bas been a problem of low water pressure on Tenth Street, N. W., between Courtland Avenue and Levelton Avenue, and on Greeohnrst Avenue, N. W.. between Tenth Street and Lyndhurst Street, and that the Water Department has recommended an increase from thirty-two to eighty-five pounds static pressure in the service for that area, in which he concurs. Mr. Wheeler moved to concur in the recommendation and offered the following Resolution: (u!3368) A RESOLUTION providing for an increase in water pressure to con- sumers on the easterly and westerly sides of loth Street, N. W., between Levelton Avenue and Courtland Avenue, and on both sides of Creenhurst Avenue, N. W.. between lOth Street and Lyndhurst Street. (For full text of Resolution. see Resolution Book No. 22, Page 479) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ......................... NAYS: None ..........................O. (Mr. West absent) BUDGET-WATER DEPARTMENT: The City Manager requested authority to advertise for bids for a tractor-loader to replace u similar piece of equipment In the Mater Department at a net cost of approximately $12,000.00, advising that to repair the ~resent equipment in the Water Department will cost approximately $4.S00,00, Mr. Iheeler moved to concur in the request of the City Manager. The motion was seconded by Mr. Decker and adopted. POLICE DEPARTMENT: The City Manager reported the employment of MFo Eudeli Sandford Asbury as a police officer effective May 1, IgSH. The report was ordered filed. DONATIONS: The City Manager reported that Mr. G, ¥, Kromer, 1246 Laurel Street, S. E., has offered to donate to the city a cabinet containing various volunteer fire badges and chevrons, the City Manager recommendin9 acceptance of the offer. Mr, Webber moved to concur in the recommendation of the City Manager and to direct tbe City Attorney to prepare a Resolution of acceptance and appreciation of the offer of Mr. Kroner. The motion was seconded by Mr. Wheeler and adopted. AIRPORT: The City Manager reported that he has received offers from Floyd Cox and Mr. W. Clayton Lemon to transfer to the city their properties located adjacent to the Roanoke Municipal Airport at prices of $9.432.50 and $40,152.00. respectively, Mr. Cox's property lying west of the airport and Rro Lemon's property lying east of the airport. Mr. Wheeler moved to refer the offers ~ the committee composed of ~essrs. Roy L. Mebber, Chairman. Arthur S, Owens and Rarry R. Yates for study and recom- REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of March, 19SD, and reported other departmental reports on file in his office. The reportswere ordered filed. Mrs. Pickett then stated that she.understands that the Department of Melfare and Institutions of the Commonwealth of Virginia makes a monthly inspect im of the Juvenile Detention Home in Roanoke and moved to request the Department of Melfare and Institutions to furnish a copy of the said report for Council*s infor- mation. The motion was seconded by Mr. Dillard and adopted. TRAFFIC-GRADE CROSSINGS-STREETS AND ALLEYS: The City Manager reported that he has received a communication from the Department of Ilighways of the Commonwealth of Virginia, advising that in consequence of a meeting held at Vinton, Virginia, on October 10, 1957, between officials of Vinton, Roanoke and the Commonwealth, the Department of Highways has now agreed to undertake'a study of the possible reloca- tion or improvement of Route No. 24 to the East, estimating the cost of the study to be approximately $1,600.00. said cost to be borne 50 per cent by the United States Bureau of Public Roads, 25 per cent by the Virginia Department of Bighways, 12 1]2 per cent, each, by the City of Roanoke and the Town of Vinton, the City Manager recommending that Council concur in the study and its proportionate cost thereof. Mr. Mbeeler Bored to concur In the recommendation of the City Manager and o~ered the ~ollowfng eaergeacy Ordinance: (z13369) AN ORDINANCE authorizln9 the City to participate In an engineer- lng survey and.stody regarding the possible relocation and/or improvement of Route 24 to the east; appropriating the City*s portion of the cost thereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 22, Page 480) Mr, Mheeler moved the adoption of the Ordinance, The notion mas seconded by Mr, Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett. Nebber, Mheeler, and the President, Mr, Young .......................... 6, NAYS: None .......................... O. (Mr, Rest absent) PURCBASE OF PROPERTY-RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Council at its meeting of April 21, 1950, having referred to the City Manager for consulta- tion with the Director of Parks and Recreation and submission of his recommendation the creation of new Jobs of Assistant Judge at a salary of $6,420°00 per annum, of Snpervisor of Probation Services nt a salary range'of $4,020°00 to per annas, of Snpervisov of Detention Services at a salary range of $4,020.00 to $5,500.00 per annum, and of Deputy Clerk at a salory range of $2,460.00 to $3,360.00 per annum, The motion sas seconded by Mr. Decker and adopted, Nv, Wheeler then moved to table the remainder of the requests contained in the letter of the Judge of the Juvenile and Domestic Relations Court dated April 4, 1950, for further consideration. The motion was seconded by Wv. Decker and adopted. Mr. Dillard moved to table the report of the Youth Commission dated April I!, 1950. concerning the provision of new quarters for the Juvenile and Domestic Relations Court and Juvenile Detention Ilome, for further consideration. The notion was seconded by Mr. Decker and adopted, Xn connection with the report of the Commission appointed by Council to study the affairs of the Juvenile and Domestic Relations Court and Juvenile Detention Rome. dated March 24. 1050, Mr. Wheeler moved to refer the following to the City Ranager for his study and recommendation: Recommendations I and dealing with relieving the Judge of the Juvenile and Domestic Relations Court as much as possible ~om the administrative work. a restudy of the duties of the Chief Probation Officer with reference thereto, and, in addition, the job description and salary range of the said Chief Probation Officer, and to table the remainder of the recommendations of the said Commission for further consideration. The motion was seconded by Mr. Decker and adopted. Rt. Wheeler then moved to concur in the request of the City Wanager for fonds to provide additional telephone services for the Juvenile and Domestic Relations Court dated April 28. 1959. and offered the following emergency Ordinance: (=13370) AN ORDINANCE to amend and reordain Section ~23, "Juvenile and Domestic Relations Court", of the 1959 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 22, Page 481) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett. Webber. Wheeler, and the President, Mr. Young .......................... NAYS: None ..........................O. (Mr, West absent) CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TRAFFIC: Council at its meetin9 of April 20, 1950, having directed the preparation of an Ordinance providing for the installation of a traffic signal on 24th Street, N. W., at the intersection of the Norfolk and Western Railway Company' driveway into the Shaffers Crossing area, Mr. Decker offered the following emerge~y Ordinance: '22 (n13371) AN ORDINANCE authorizJn9 the installation of a traffic control signal on 24th Street. No M** In the vicinity of Its intersection ~lth the Norfolk and Western Railway Company's drive,ay into the Shaffers Crossing area. and pro- riding for an emergency. (For fall text of Ordinance. see Ordinance Bock No. 22. Page 461) Mr. Decker moved the adoption of the Ordinance. The motion vas seconded by Mr° Wheeler and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett. Webber. Wheeler. and the President, Wr° Young .......................... &. NAYS: None .......................... O. (Mr. West absent) Mr. Webber then offered the followin9 emergency Ordinance appropriating $1.900.00 for the cost of the said traffic signal: (=13372) AN ORDINANCE to amend and reordain Section =63. *Traffic Engineel lng and Communications** and Section ~144, *Departmental Equipment and I~ of the 1958 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 22. Page 4~2) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr, Decker and adopted by the followin9 vote: Ur, #ebber moved to direct the City Clerk to furnish #rs, ¥cOnniel a copy of Dr, Cooper*s report for her information, Th'e motion was seconded by Ur, Nheeler and adopted, There being no further business. Council nd.journed, APPROVED · 24 COUNCIL, REGULAR REETING, Monday, Ray 12, 195B. The Council of the City of Roanoke met in regular meeting la the Council Chamber in the RunJcipal Building, Monday, May 12. 19SO, at 2:00 o'clock, p. m., the regular meeting hour, uith the President, Mr. Young. presiding, PRESF. J/T: Council members Decker, Dillard, Pickett, Webber, Rheeler, and the President, Mr. Young ............... ABSENT: Mr.' West .............. I. OFFICERS PRESENT: Whittle, City Attorney. Mr. Harry R. Yates. City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCAYION: The meeting mas opened mlth a prayer by the Reverend James O. Burford, Pastor, Bonsack Methodist Church. The Mayor stated that Mr, R. H. Smith, ~ho served as Chairman of the Citizens Committee in support of the recent school bond issue, and Mr. John Eure, Executive Director of that committee, along ~ith Mrs. Emmett C. Ranktn, President of the Central Council of the Parent-Teacher Associations, Here present in the Conncil Chamber at bis request to receive engraved bronze plaques, expres- sing the appreciation of the Council of the City of Roanoke and the Roanoke City School Board for the efforts of Messrs. Smith and Eure and of the Parent-Teacher Associations. The presentations were made by Mayor ~alter L. Young to Mr. R. H, Smith, ~ro J. P. Cruickshank, Chairman of the Roanoke City School Board. to Mr. John Eure, and Mrs. Mary C. Pickett to Mrs. Emmett C. Rankin for the Central Council of the Parent-Teacher Associations. MINUTES: Copy of the minutes of the regular meeting held on Monday, May 5. IqsB. having been furnished each member of Council, upon motion of Mr. Mheeler, seconded by Mr. Decker and adopted, the readin9 was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATYERS: NONE. pETITIONS AND C09MUNICATIONS: SIREET LICItTS: The City Clerk presented a communication from the Appalachian Power Company, reportin9 the installation of six 2500 lumen, fifteen 6000 lumen and eighteen 21000 lumen street lights, and the removal of six 6000 lumen and ten 2500 lumen street lights in the City of Roanoke during the month of April. 1950. The communication was ordered filed. STREETS AND ALLEYS: The City Clerk presented a petitioo from Douglas Nininger, et al, requesting that Oakland Boulevard, being 16 1/2 feet in width, extending from the northerly line of Section 1. Fleming Oaks, northerly to Hershberger Road at the north corporate limits of the city, be vacated, discontinued and closed, and requesting that viewers be appointed to view the said street and report thereon as required by law, along with a report of the City Planning Commission, stating that in view of the o~ners' intention to sub- divide the lands through mhich the unopened street is projected under the city*s subdivision lams, providing a sixty foot right-of-way for the extension of Oakland Boulevard. the Commission recommends that the petitioners' request be granted. The matter having already been reported on by the City Planning CommissiOn, Mr. Wheeler offered the following Resolution: (#13373) A RESOLUYION providing for the appointment of five freeholders, any three of whom may act, us viewers ia connection with the application or )etition of R. Douglas Nininger. et al. to permanently vacate, discontinue and close that certain original roadway or right-of-way approximately 16 1/2 feet in width, sometimes known as Oakland Boulevard. extending from the northerly line Of the Map Of Section I Of Fleming Oaks northerly to Bershberger Road at the north corporate limits of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 22, Page 403.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett. Webber. Mheeler. and the President, Mr. Young ................ 6. NAYS: None .................O. (Mr. West absent) · ZONING; The City Clerk presented a communication from Mr. Peter N. Apostolou, requesting that his property located on the east side of Eighth Street. N. M., at Ilunt Avenue, and on the south side of Levelton Avenue. N. M.. being Lots 1. 3. 4-A and 4-B. Olock 4. Grandview Addition. Lots I and 2. R. A. Mays Hap. and a six acre tract designated as Official Tax No. 2060911. be rezoned from General Residence District to Business District and/or Light Industrial District. Mr. Mheeler moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mrs. Pickett and adopted. PENSIONS: The City Clerk presented a communication from the Board of Yrustees of the Employees* Retirement System, transmitting a copy of a report from Kennett and Kennett, Certified Public Accountants, showing the audit of the funds of the system for the year ending December 31, iqS?. The communication was ordered filed. REPORYS OF OFFICERS: PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council at its meeting of May 5. 1950, having directed the City Manager to offer the representatives of the Heirs of the Oateman Estate $22.500.00 for their property located at the inter- section of Pennsylvania Avenue and Hoover Street, N. M.. the City Manager presented a letter from Mr. M. Donald Dobbs, Agent of the Bateman Estate, accepting the city*s offer, provided that the owners of the property retain OCCupancy until August 12, i95~, and further that the city may make improvements to the exterior of the building during the period between the purchase of the property and August 12, 1958. Mr. Webber moved to refer the matter to the City Attorney to prepare the proper Ordinance providing for the purchase of the said property. The.motion was seconded by Mr. Mheeler and adopted, Mrs. Pickett and Mr. Decker voting no. STREETS AND ALLEYS: Council at its meeting of Moy S, 1950, having directed the City Manager to furnish to each member of Council a copy of his work program covering the proposed addition Of $92.000.00 to the street paving contract between the City of Roanoke and Virginia Asphalt Paving Company. Incorporated. the City Manager submitted bis report of the streets proposed to be paved thereunder. Council at the same time having directed the preparation of a Resolution. providing for an addition to the contract as previously recommended by the City Manager. Mr. Decker moved to file the City Manager*s report and offered the folio~ing Resolution: (u13374) A RESOLUTION further extending the contract of March 6, 1950, between Virginia Asphalt Paving Company, Inc.. and the City Of Roanoke for the paving of streets at various locations in the City. (For full text of Resolution, see Resolution Book No. 22, Page 4H3.) Mr. Decker moved the adoption of the Resoletion. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber. ~heeler, and the President, Mr. Young ................ NAYS: None .................O. (Mr. Mast absent) BUDGET-STREETS AND ALLEYS: Council at its meeting of April 14, 1958. having directed the City Manager to call for bids for the paving of Huff Lane, N. W.. from Avalon Avenue to Vancouver Drive. the City Manager reported that bids have been received for such paving, the low bid being that of Adams Construction Company in the amount of $12,746.34. which he recommends be accepted. Mr. Decker moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (g13375) AN ORDINANCE accepting the proposal of Adams Construction Company, Roanoke, Virginia, for the grading and paving of Huff Lane. N. W.. from Avalon Avenue to Vancouver Drive. in accordance with Plan No. 4313 on file in the Office of the City Engineer. in the total sum of $12.746.34; authorizing and directing the City Manager to execute the requisite contract; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 4~5.) Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, ~heeler, and the President, Mr. Young ................ NAYS: None .................O. (Mr. West absent) Mr. Wheeler then offered the following emergency Ordinance appropriating $g5.000.00 for the cost of the two preceding items: (~13376) AN ORDXNANCE to amend and reordain Section ~91, "Street Repair". of the 1958 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page Mr. Wheeler moved the adoption Of the Ordinance. The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Webber, Wheeler, and the President, Mr. Young ................ NAYS: None .................O. (Mr. West absent) REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: Council at its meeting of April 20. 1958, having referred to the City Planning Commission for study and recomwendation a request of George E. Lest*r, et al. that their properties located on the south side of Patterson Avenue, S. W., between Nineteenth Street and Twentieth Street, designated as Lots inclusive, Block 35. West End and Rivervlew. be rezoned from General Residence District to Light Industrial District. the Commission submitted its report, advising that in its opinion the potential use of the undeveloped areas south of Patterson Avenue ia industrial and that the rezoning of the area will not adversely affect the values Of the nearby residences, the Commission therefore recommending that the request of the petitioners be granted, and that, in addition, the remainder of the block in question, being Lot 9, owned by Mildred P. and Nilliam H. Anderson. Lot 10, owned by Clyde F. and Jacqueline F. Hostetter, Lot 11. owned by J. B. Feather, et al, Lot 12, owned by M. W. Ferguson, Lot 13. owned by Business Realty Corporation, Lot 14, owned by B. Wu Atkins. and Lots 15 and 16, owned by Cares Corporation, also be rezoned to a Light Industrial District. Nr. Webber moved to hold a public hearin9 in the matter at 2:00 o'clock, p, m,, June 16, 195D, in the Council Chamber in the Municipal Building, and to direct the Attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Wheeler and adopted. ZONING: Council at its meeting of April 2B, Iq5B. having referred to the City Planning Commission for study and recommendation the request of Harold E. and Theresa A. Rowe that their property located on the northeast corner of Nalnut Avenue and Piedmont Street. S. E.. designated as portions of Lots 1. 2 and 3, Block 23. Roanoke Gas and Water Company. be rezoned from Special Residence District to Business District, tho Commission submitted its report, advising that, by reason of the proximity of the property in question to a Business District. with the existing businesses across the street, it is of the opinion that the property is more suitable for business than for residential purposes, and further that, due to the topography of the adjacent and nearby residential lots, the proposed business use uill not adversely affect the values of the said nearby residential properties or change the general character of the neighborhood, the Commission therefore recommending that Council grant the request of the petitioners. Mr. W. E. Zieber. 1223 Hamilton Terrace. appeared before Council and presented petitions from forty-eight residents of the immediate area opposing the requested resuming. Mr. Nheeler moved to hold a public hearing in the matter at 2:00 o'clock. p. m.. June 16. 195B, in the Council Chamber in the Municipal Building, and to direct the Attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by ~r. Webber and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ¸-28 DONATIONS: Council at its meeting of May 5, 1958. bavlog directed the preparation of a Resolution, accepting from Hr. G. ¥. Kromer a collection of badges of volunteer fire associations and a case in which they are contained. and expressing the appreciation of Council for the gift. Krs. Pickett offered the following Resolution: (z13377) A RESOLUTION accepting from Mr. G. V. Kroner a collection of badges of volunteer fire associations and the case in which they are contained; expressing the appreciation of Council for the gift; and directing the City Manager to display the same. (For full text of Resolution, see Resolution Book NOg 22, Page Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Nebber, Rheeler, and the President, Mr. Young ............ NAYS: None .................O. (Mr. Mest absent) MOTIONS AND MISCELLANEOUS BUSINESS: COUNCIL: Mrs. Pickett moved that Council schedule its regular meetings biweekly for the months of June, July and August under the provisions of the City Charter. such biweekly schedule to begin with the meeting on June 2, 195U. The motion was seconded by Hr. Dillard and adopted. ELECTIONS: The City Manager presented a communication from the Clerk of the Courts, advising that bids have been received for the printin9 of a voting list for the November General Election, the low bid being that of Bammond*s Printing Works at $11.29 per page, the estimated cost for printing the list being approximately $5,600.00. and requesting that the bid be accepted and the contract awarded therefor. Mr. Dillard moved to table the matter until the next regular meeting of Council and to request the Clerk of the Courts to be present at that time. The motion was seconded by Mr. ~ebber and adopted, There being no further business, Council adjourned. APPROVED .__._ COUNCILs REGULAR MEETING, Monday, May lqs 1958. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, May 19, 1958, at 2:00 o'clock, p, mo, the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard, PicRett, Nebber, Wheeler, and the President, Mr. Young ............... ABSENT: Hr, Rest ..............!. OFF1C£RS PRESENT: Mr, Arthur S, Owens, City Manager. Mr, Randolph O. Whittle, City Attorney, Mr, Barry R. Yates, City Auditor, and Mr, J. Robert Thomas, City Clerk, INVOCATION: The meeting was opened with a prayer by the Reverend M, Judy, Pastor, Riverdale Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, May 12, 195B, having been furnished each member of Council, upon motion of Mr, Wheeler, seconded by Mr, Decker and adopted, the reading was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS-BRIDGES: The City Clerk presented a communication from the Wildwood Civic League, transmitting a petition from twenty-eight residents of the Idlewild Park area, requesting that Dell Avenue, N. Eo, and the streets adjacent thereto, be repaved, the Wildwood Civic League also requesting that repair~ be made to a bridge over Glade Creek on Vinton (Mill) Road, N. E.. advisin9 that a mesh wire screen along the walkway has been torn loose and a portion of the sidewal on the bridge has been removed, which creates a hazard to school children crossing the said bridge. Mr. Dillard moved to direct the City Manager to make the necessary repairs to the bridge to eliminate the hazards and to investigate and report on the con- dition of the streets and the necessary repairs, including the cost thereof. The motion was seconded by Mr. Wheeler and adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager presented a report, recommending certain improvements in the street lightin9 on Elm Avenue. S. W,, between Franklin Road and Wasena Bridge. Mrs, Pickett moved to concur in the recommendation of the City Manager and offered the following Resolution: (=13376) A RESOLUTION authorizing the installation of additional street lights and the replacement of certain existin9 street li§hts on Elm Avenue, S, No, between Franklin Road and Wasena Bridge. and on various approaches to intersections in the area, (For full text of Resolution, see Resolution Book No, 22, Page 407.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr, Decker and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett. Mebber, Bheeler, and the President, Mr, Young ................ 6, NAYS: None ................. O, (Mr, Mest absent) PURCIIASE OF PROPERTY-MATER DEPARTMENT: The City Manager reported that, acting under Council's directive of July 30, 19S6. he called for bids for the purchase of the site of the Water Departnent°s old Reservoir on Grandview Avenue, N. M.. between Broad Street and Bound Top Road. and an additional city-owned lot. bain9 Lot S, Block A. Section 2. Round Bill park, located on Grandview Avenue, N. M.. between Mestnnnt Street and Oakland Boulevard. receiving bids from Mr. R. W, Bowers for Lot 5, Block A. Section 2, Bound Ilill Park. in the amount of $§§0,00, and from Mr. marshall L, Ilarris for Lot S, Block A. Section 2. Round Bill Park, in the amount of $62b, 15, and for Lot lO, H. B. Bollleg Map, In the amount of $1.21B.35, the City Manager advising that in his opinion the bids are too low and reconnending that they be rejected and the property held for future disposal. Mr. Rheeler moved to concur in the recommendation of the City Manager. The motion was seconded by Mr. Decker and adopted. RLPORTS OF COMMITTEES: NONE. UNFIN1SIIED BUSINESS: ELECTIONS: Council at its meeting of Ray 12. 195B, having tabled until its next regular meeting a request of the Clerk of the Courts that the low hid of Hammond's Printing and Litho. Morks. in the amount of $11.29 per page. for printing of the voting list. be accepted, and having requested that the Clerk of the Courts appear before Council at that tine, the matter was again before the body. Mr. W. I1. Carr, Clerk of the Courts. appeared before Council and. in respon~ to questions by Council members, advised that the printing of the voting list is the responsibility of the Clerk of the Courts, that he has taken three bids on the project from the local printers qualified to do the printing in accordance with the city*s rules, and that, in his opinion, it would be impossible to print the voting list on the city's addressograph equipment in the office of the Registrar since he has only ten days in which to have the list prepared and posted at the voting precincts in the city, Mr. Cart recommending that Council accept the low bid of Hammond*s Printing and Lithoo Works and aathorlze the awarding of the con- tract therefor. Mr. Dillard moved to concur in the recommendation of the Clerk of the Courts and offered the following Resolution: (n13379) A RESOLUTION accepting the proposal of Bammond's Printing and Lithoo Works. Roanoke, Virginia. for printing 150 copies of the current voting list for the City of Roanoke at a price of $11.29 per page; and authorizing and directin, the Purchasing Agent to purchase 150 copies of the voting list at a cost of approx- imately $5,600.00. (For full text of Resolution. see Resolution Book No. 22, Page 4UB.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council mesh*rs Decker, Dillard, Pickett, Nebber, Ih*el*r, and the President, NFo Young ................ 6. NAYS: None .................O, (Mr. West absent) SYREETS AND ALLEYS: Council at its meeting of May 12, igSB, having appnJn~ viewers, in connection with the request of Hr. R. Douglas Nlninger, et al, to permanently vacate, discontinue and close Oakland Boulevard, from the northerly line of Section 1, Fleming Oaks, northerly to Hershberger Road, the report of the viewers was'presented, advising that they are unanimous in the opinion that no inconvenience will result either to the public or to any person, firm or corpora- tion from permanently vacating, discontinuing and closing the said street. Yhe report Of the City Planning Commission having previously been received, Mr. Webber moved to hold a public hearing in the matter at 2:00 o'clock, p. June 16, lqS§, in the Council Chamber in the Municipal Duilding, and to direct the Attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for ,ublication. The motion was seconded by Ur. Decker and adopted. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCDASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council at its meeting of May 12, lgSO, having directed the preparation of an Ordinance providing for the )urchase of a 4.00 acre tract of land located at the intersection of Pennsylvania Avenue and Uoover Street, N. Wo, Mr. Nheeler moved that the following Ordinance be mlaced upon its first reading: (~133D0) AN ORDINANCE authorizing the acceptance of the offer of the heirs of Ernest Edward Bateman to sell the City a parcel of real estate situate at the intersection of Pennsylvania Avenue and lloover Street. N. N.; authorizing and directing the proper City Officials to do the necessary in the premises; and authorizing the grantors to occupy the premises through the IRth day of August. 1950, WHEREAS, the heirs of Ernest Edward Bateman, deceased, through their agent, W. Donald Dobbs, has offered to sell the City Official Tax Lot No. 2430601, con- raining approximately 4°00 acres situate at the intersection of Pennsylvania Avenue and Hoover Street, N. W., in the City of Roanoke, for $22,500.00 cash net; which offer this Council is of the opinion should be accepted, ~UEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: l, That the offer of the heirs of Ernest Edward Bateman, deceased, made through their agent, W. Donald Dobbs, to sell and convey unto the City Official Tax Lot No. 2430601, containing approximately 4.OB acres, situate at the tntersecti~ of Pennsylvania Avenue and Hoover Street, N. M., in the City of Roanoke, for $22,500o00 cash net, be, and the said offer is hereby, accepted. 2. That the City Attorney be, and he is hereby, directed to make, or cuase to be made, the requisite examination of title to the aforesaid real estate and, if it be determined that the heirs of Ernest Edward Bateman, deceased, or the record owner or owners thereof, may legally convey a marketable fee simple title to the aforesaid real estate to the City of Roanoke, to approve a proper deed of bargain tad sale, both as to form and execution, containing general warranty and modern english covenants, conveying said real estate unto the City. 3, That the City Auditor, upon being supplied a certificate of title by the City Attorney shomlng said land to be free of liens and encumbrances and also the above-mentioned deed of bargain and sale properly executed by all necessary parties and approved by the City Attorney as aforesaid, be, and he is hereby, authorized and directed to Issue a City warrant in the amount of $22.000,00, payable as directed by said City Attorney and dellrer such marrant to the City Attorney to be, in turn, delivered by him unto the parties entitled to receive the same in exchange for such deed, 4. That. in event this sale and purchase is concluded prior to the 12th day of August, 1958, the grantors shall, nevertheless, he permitted to occupy the premises, rent free, through the last-mentioned date; it being understood and agreed, however, that the City may make any desired exterior improvements to the residence situated on the premises at any time following acquisition of title, The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Dillard, Nebber. Wheeler, and the President, Mr. Young ................................................. 4. NAYS: Council members Decker and Pickett .....2. (Mr. West absent) MOTIONS AND MISCELLANEOUS BUSINESS: SEWERS-STORM DRAINS: Mr. Shirley Oliver, 1208 Aspen Street, N. M., appeared before Council and presented a petition signed by sixty-three residents of the Forest Park Boulevard - Aspen Street area in Northwest. advising that a bacteriological examination of mater backed into their homes from the sewers showed a coliform count of seven million miltgrams, which condition is dangerous to the health of the residents, that in their opinion there is a connection hetweer the sanitary semer system and the storm drain system serving the area, causing ram sewage to be backed into their homes during periods of heavy surface drainage runoffs, and that the storm drainage system serving the area is inadequate, the petition requesting that Council cause a survey or study to be made to determine the necessary measures to be taken to eliminate this condition and the hazard to the health of the community. Mr, B, No Spencer. 1147 Forest Park Boulevard, N. W., and Mr. R. A. ~ilis, 1219 Aspen Street, N. W., appeared in support of the petition. Mr, Webber moved to refer the matter to the City Manager for his study and recommendation. The motion was seconded by Mr. Wheeler and adopted. GARBAGE REMOVAL: Mr. Frank Hamer, 1025 Avon Road, S. W., appeared before Council and complained that his garbage, and that of his neighbors, has not been collected during the past week, Mr. Hamer requesting that some action be taken. The matter mas referred to the City Manager for investigation and report. There being no further business, Council adjourned. APPROVED COUNCIL. REGULAR MEETING, Monday, May 26, 195H. The Council of the City of Roanohe met In regular meetin9 in the Council Chamber in the Municipal Uuilding, May 2b, 1950, at 2:00 o'clock, p, m,, the regular meeting hour, with the President. Mr. Young. presiding. PRESENT: Council members Decher. Pickett, Mebber. Mheeler, and the President, Mr. Young ............................................. 5, ABSENT: Council members Dillard and West ................2, OFFICERS PRESENT: Mr. Arthur S, Omens, City Manager, Mr. Randolph Go Whittle. City Attorney, Mr. Harry R. Yates, City Auditor, and Wr. J, Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend J. Wanly Cobb. Pastor, St. James Episcopal Church. WINUTES: Copy of the minutes of the regular meeting held on Wonday, May 19 1950, having been furnished each member of Council. upon motion of Mr. Wheeler, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. UEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: Yhe City Clerk presented a communication from the Garden City Civic League, requesting that Garden City Boulevard, S. E., be widened from thirty feet to sixty feet, from Ray Road to the south line of Lot 8, Block Lon9 Map. on the west side, and from Mabry Avenue to Billview Avenue. on the east side, transmitting with such communication agreements from all of the property owners affected thereby, except the owners of Lots 14 and 15, Block 1, Long Map, and Lots 1 and 2, Turner Wap, agreein~ to convey to the city a fifteen foot strip of land off the front of each of their properties for the purpose of widenin9 said street, provided the city will install curb and gutter and do the necessary grading and paving at no expense to the property omners. Mr. V. N. Garnand appeared in behalf of the property owners concerned and advised that they are very anxious to have this work accomplished since it would ieliminate a bad water problem durin9 storm periods and would be a start to the eventual widening of all of Garden City Boulevard, which is b~dly needed to carry the traffic thereon, Mr. Webber moved to refer the matter to the City Manager with instructions to negotiate with the owners~of the properties on which no agreements have been )resented, with a view of acquirtn9 the necessary fifteen foot strip of land off ~he front of each of the lots, and to present to Council his report thereon, ingludi an estimate of the cost. along with his recommendations. The motion was seconded by Wr. Wheeler and adopted. PARES AND PLAYGROUNDS-JUNIOR CHAMBER OF COMMERCE: The City Clerk presented a communication from the Roanoke Junior Chamber of Commerce, requesting that Ordinance No. 124a0 be amended to provide for an increase from $17.000.00 to $20,000.00, the amount of money authorized to be expended on the miniature train ¸34 in the Chlldren*s Zoo on Hill Hountain by the Junior Chamber of Commerce, in order that certain improvements might be made to provide for public safety and better operating conditions of the train. RF. Richard R. Snedegov, Pvesidenk of the Roanohe Junior Chamber of Com- merce, appeared in connection mlth the matter and advised Council that his organization has expended a little inexcess of the $1?,OO0. BO already authorized, and that it has reduced its note covering the original puFchnse of the train $10,000.00 to $1,500.00, which it hopes to liquidate within the next couple of ,ears. The City Hanagez advised Council that he has gone over this matter with the Junior Chamber of Commerce md recommended that the request he grantedo Mr. Hebher moved to refer the matter to the City Attorney for preparation of the proper Ordinance providing for the increase as requested by the Roanoke Junior Chamber of Commerce. The motion mas seconded by Mr. Wheeler and adopted. LEGISLATION-SCHOOLS: The City Clerk presented a cozmunication from Dr. Halter S. Newman, President of Virginia Polytechnic Institute, advising that the V. P. I. Board of Visitors, in consequence of the action Of the last session of the General Assembly of Virginia, providing for the establishment of a Roanoke Technical Institute to be operated under the Board of Visitors of Virginia Polytechnic Institute and appropriating $50,000.00 for the development of plans for this school, has authorized the appointment of a subcommittee of the Board assist in the study and planning for the said institute, one member of which Board is to be a member of the Council of the City of Roanoke, Dr, Newman request~ g that Council appoint such a member from its body. Mr. Mheeler placed in nomination the name of Mayor Walter L. Young as a member of the said subcommittee from the Council of the City of Roanoke. Mr. Webber moved to close the nominations. The motion was seconded by Ur. Decker and adopted. Mayor Walter L. Youn9 was elected a member of the subcommittee of the V.P.I. Board of Visitors to assist in the study and planning for the Roanoke Technical Institute by the following vote: AYES: Council members Decker, Pickett, Webber and Wheeler ......... NAYS: None .................O. (Mayor Young not voting) (Mr. Dillard and Mr. West absent) ZONING: The City Clerk presented a request of Mr. Ambler W. Webb, et al** that a 3.11 acre tract of land, fronting on Whiteside Street. N. E., being des- 19hated as a portion of Official Tax No. 3150103 and all of Official Tax No. 3150109, be rezoned from General Residence District to Light Industrial District or Business District. Hr. Wheeler moved to table the matter for further consideration. The motion was seconded by Hrs. Pickett and adopted. AUDITS-MUNICIPAL COURT: The City Clerk presented a report of the Auditor of Public Accounts of the Commonwealth of Virginia, covering an audit of the Municipal Court for the calendar years 1956 and 1957. Mr. Wheeler moved to file the report. The motion was seconded by Mr. Decker and adopted. REPORTS OF OFFIC£RS: AIRPORT: The City Homager reported that the Purchasing Agent has received bids for furnishing Aviation Gasoline for resale to the Roanoke Rnnicipal Airport for a three year period beginning July 1, 1958. the iow bid being that of Esso Standard Oil Company. the said company providing for the delivery of gasoline requirements to the airport at posted tank car prices on date of delivery and iagreeing to furnish and maintain storage and pumping facilities as required, and, in addition thereto, agreeing to transfer to the city title on a reconditioned gasoline tender for $1,00. the City Ranager recommending acceptance of the bid of the Esso Standard Oil Company. RF. ~ebber moved to direct the City Attorney to prepare the proper Resoluti( pFovidin9 for the acceptance of the Esso Standard Oil Company bid as recommended by the City Manager. The motion Mas seconded by RFo Decker and adopted. DUBOET-LIBRARIES: The City Manager advised that he is in the process of securing a replacement for Mr, Claude L. Settlemire. who has resigned as Director of Libraries, and recommended that the salary of the Director of Libraries be increased to $60000,00 per annum in the 1950 Budget. Hr. ~heeler moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=10301) AN ORDINANCE to amend and reordain Section =121. HLibraries#. of the 1958 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 22, Page 409.) gr. Wheeler moved the adoption of the Ordinance, The motion was seconded by Rr, Decker and adopted by the followin9 vote: AYES: Council members Decker, Pickett, Webber, Wheeler, and the President. Mr. Young ........................... 5. NAYS: None .................O. (Mr. Dillard and Rro Rest absent) BUDGET-POLICE DEPARTRENT: The City Manager reported that two cameras used in crime detection work by the Police Department are so worn from service that repairs thereto are no longer economical and recommended that Council appropriate $51Oo20 to proride for the purchase of two new cameras, replacin9 themes in servic~ Mrs° Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=13302) AN ORDINANCE to amend and reordain Section ~144, ~Oepartmental Equipment and Improvements~, of the 1958 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 22, Page 4B9,) Rrso Pickett moved the adoption of the Ordinance, The motion was seconded by Mro Decker and adopted by the following vote: AYES: Council members D~cker., Pickett, Webber, ~heeler, and the President Mr. Young ........................... 5. NAYS: None .................. O. (Wt. Dillard and Wr. ~est absent) CROSSOVERS: The City Manager reported that The Colonial-American National Bank has requested authority to install a 40-foot sidewalk crossover into its branch bank located on Franklin Road, S, ~,. near its intersection with Brandon Avenue, the City ~anager recommending that the request be granted. Mr, Wheeler moTed to concur Jn the recommendation of the City Manager and offered the roll*ming Resolution: (u13503) A RESOLUTION authorizing the Director of Public Works to Issue a permit for the installation of n 40*foot.sidewalk crossover from Franklin Road into the property occupied by Yhe Colonial-American National Rank at No, 1953 Franklin Roade S, N, (For full text of Resolution, see Resolution Book No, 22, Page 490.) Hr, Nheeler moved the adoption of the Resolution, The motion uaw seconded by #Fo Decker and adopted by the following vote: AYES: Council members Decker, Pickett, Wheeler, and the President, Mr. Young ............................... 4. NAYS: None ................. O. (Mr. Nebher not voting} (Hr. Dillard and Mr. West absent) REPORTS OF CO!IRITTEES: NONE. UNFINISHED BUSINESS: STREETS AND ALLEYS: Council at its meeting of April 14, 1950. having referred to the City Planning Commission for study and recommendation the request of Nancy Shelor Brooks, et al., that Winston Avenue, S. W., between Twenty-second Street and the line extended between Lots 5 and 6. Block I0. Colonial tleights, and, also, Twenty-third Street, S. W,, extending from Lynn Avenue southward to the Norfolk and Western Railway Company's right-of-way, be vacated, discontinued and closed, and having appointed viewers to view the property in connection with said request, the City Planning Commission submitted its report, recommending that the request of the petitioners be granted, and the report of the viewers was presented in which they advised Council. that in their unanimous opinion no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing the streets as requested. Mr. Webber moved to hold a public hearing in the matter at 2:00 o'clock, p. m., June 30, 1950, in the Council Chamber in the Municipal Building, and to direct the Attorney for the petitioners to prepare the proper notice of said hearing have it approved by the City Attorney and present it to the City Clerk for pub- lication. The motion was seconded by Mr. Wheeler and adopted. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCtlASE OF PROPERTY-PARKS AND PLAYGROUNDS: Ordinance No, 13350, authorizin the acceptance of the offer of the heirs of Ernest Edward Rateman to sell the city a parcel of real estate situate at the intersection of Pennsylvania Avenue and Hoover Street, N. W., having previously been before Council for its first reading, read and laid over, mas again before the body. Mr. Webber moved to table the Ordinance until the next regular meeting of Council. The notion was seconded by Mr. Wheeler and adopted, Mr. Decker and Mrs. Pickett voting no. MOTIONS AND MISCELLANEOUS BUSINESS: WATER DEPARTMENT: Mr. Max merman, 2513 Mound Top Road, N. W,, appeared before Council and presented a petition signed by fourteen residents of that area, advising that the mater pressure in the Round Bill Terrace subdivision Is extremely lom, having been measured at fifteen pounds in the basement of Hr. Berman*s howe. and requesting that Council take action as soon as passible to raise the water pressure in that area, Rr. Rerwan also presenting a letter iron Mr, Ro £o Pillow, Ranager of the Nater Department. addressed to him, advising that the Round Bill Terrace area referred to is supplied through the Delray Booster Pump System, and that because of the relative elevation of the storage reservoir on top of Round Rill, the pressure is low. that in the agreement between the Nater Department and the developers of the subdivision it was pointed out that all of the lots in Block C would hare low mater pressure and that adequate SiZe piping or booster pumps in individual homes would be required, Mr. Pillow stating that, in view of this agreement, he feels the obligation to provide the necessary pressure boost rests upon the home owner or the developer of the subdivision. Ii t' Mr, Nheeler moved to refer the matter to the City Manager uith instructions [ to C .... It with the developer of the subdivision to determine wheth~ ..... t he It thereon to Council. Yhe motion was seconded by gr. Decker and adopted. CIYY GOVERNMENT: Mayor Young advised Council that he has been presented a plaque, naming the City of Roanoke as "Living tlome Town of the Month" for the month of May, 195B. by Living Magazine. New York City. the Editor of the said magazine having stated in the presentation that the plaque Has being presented because Roanoke is considered to be a good place in which to live and raise a family. Mr. ~ebber moved to receive the plaque and to direct the City Manager to display it in a suitable place. The motbn was seconded by gr. Decker and adopted. There being no further business. Council adjourned. ~ P PR 0 ¥ EB .37 :38 COUNCIL. REGULAR MEETING, Monday, 3uae 2, 1950. The Council of the City of Roanoke met in regular meeting in the Lam and Chancery Court Room in the Municipal Building, Monday, June 2, 1956, at 2:00 **clock p, m., the regular meeting hour, with the President, Mr, Young, presiding, PRESENT: Council members Decker, Dillard. Pickett, Webber, Rheeler, and the President, Mrs Young ................... ARSENT: Mr, Mest ..............1o OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr, Randolph G. Whittle, City Attorney, Mr, Barry R, Yates, City Auditor, and Mr, J, Robert Thomas, City Clerk, INVOCATION: The meeting was opened with a prayer by Mr, Samuel A. L, Taylor Jr., Director of Boys Work, Y.M.C.A. MINUTES: Copy of the minutes of the regular meeting held on Monday, Uny 195B, having been furnished each member of Council, upon motion of Mr. Decker, seconded by Mrs. Pickett and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC BATTERS: AIRPORT: Pursuant to the advertisement c~lling for bids for the constructior of an additional apron in front of the Terminal Building at the Roanoke Municipal Airport (Proposal No, 1) and the relocation of Virginia Route lib, lying to the east of the airport, in connection with the extension of the northeast-southwest runway (Proposal No. 2), the following bids were received: Name Proposal Amount UcDowall and Mood, No. I $39,501.55 Inc. No. 2 69,765.B5 None Pioneer Construction No. I None Company. Inc, No. 2 62,665.67 None Adams Construction No. I 35,545,77 Company No. 2 53,045.07 None Garret, Moon and No. I 32,135o39 Pool, Imco NO. 2 59,612.44 None Ralph E. Mills No. I 37,635,B0 Company No. 2 4B,269,69 None M. S, ltudgins, Joe Optional Proposal Combining Proposals No. ! and 2 Hudgins and Claude No. I 37,270.00 Pace. Jr. No. 2 73,870o32 None Mr. Mebber moved to refer the bids to a committee composed of Messrs. Arthur $. Owens, Chairman, H. Cie*us Broyles and Marshall L. Harris for tabulation, study and recommendation. The motion was seconded by Mr. Wheeler and adopted. PETITIONS AND COMMUNICATIONS: ALCOUOLIC BEVERAGES: The City Clerk presented communications from the Milliamson Road Woman*s Christian Temperance Union and the Oakland Home Demonstratio Club, protesting the location of an A. B, C. store in the 5200 Block of Milliamson Road. · 39 Upon advice from the City Attorney that the location of A. B. Co stores is a function of the Commonwealth of Virginia under the Jurisdiction of the Alcoholic Beverage Control Board. Mr. Nheeler moved to refer the communications to the Alcoholic Beverage Control Board. The motion mas seconded by Mr. DeCker and adop%ed. S?REETS AWD ALLEYS: The City Clerk presented a petition signed by fifty- tm, residents of the Oakland Terrace Section in Northeast. requesting that Nohle Avenue. Cdoate Street and Forest Bill Avenue. N. E.. be resurfaced. Mr. Mheeler moved to refer the request to the City Manager for study and report. The motion was seconded by Mr. Dillard and adopted. SEWACE DISPOSAL: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County. requesting that the contract of Septemher 2D. 1954. between the County of Roanoke and the City Of Roanoke. dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an area lying along Route 601 north of Route Ii in Roanoke County. Dr. Wheeler moved to refer the request to a committee composed of Messrs. ~Roy L. Mebber. Chairman. Walter L. Young. Arthur S. Owens and Randolph O. hhittle for study and recommendation. The motioo was seconded by Mrs. Pickett and adopted. SEWAGE DISPOSAL: The City Clerk presented a Resolution ofthe Council of the Town Of Salem, requesting that the Contract of October 16, 1953, between the Town of Salem and the City of Roanoke, dealing with the treatment of domestic and :commercial wastes, be amended by adding thereto an area containing approximately 13.24 acres, lying westward of the Town of Salem along State Route 773, which area is a portion of a 115 acre tract which the Town of Sale~ has previously requested be included in the contract. Mr. Mheeler moved to refer the request to a committee composed of Messrs. Roy L, Webber, Chairman, Walter L. Young, Arthur S. Owens and Randolph G. Whittle for study and recommendation. The motion was seconded by Mrs, Pickett and adopted. JUVENILE DETENTION COME: The City Clerk presented a report of an inspection of the Roanoke City Juvenile Detention Home by the State Department of Weleare and Institutions on April 9, 1950. Mrs, Pickett moved to file the report. The motion was seconded by Mr. Dillard and adopted. REPORTS OF OFFICERS: WATER DEPARTMENT: The City Manager reported that, pursuant to action of Council at its meeting of June 24, 1957, bids have been received by the Purchasin9 Agent for furnishin9 two electric driven pumps to replace the old steam pump at the Crys[al Spring Pumping Station from lllis-Chalmers Manufacturin9 Company and Worthington Corporation. in the amount of $24.976.00 and $25.330o00. respectively. the CStF Manager pointing out that the purchase of the pumps will he the first stage of a program for complete electrification of the Crystal Spring Pumping Station and for the furnishing of water to the top of Mill Mountain, the second stage bein9 that of installation of the pumps and related work, estimated to cost $14.400.00. and the third stage being replacement of a 2" main to the top of Mill Mountain with a 6".main, estimated to cost $16,000.00. ~t~40 After some discussion, Mr, Wheeler moved to refer the bids to n committee composed of Ressrs. Arthur S, Owens, Chalrenu, Walter L. Young and Raymond E. Plllo~ for study and recommendation. The motion was seconded by Hr, Webber and adopted, JUVENILE AND DOMESTIC RELATIONS COURT: The City Homager reported that, in connection with his study of Recommendations I and 2 of a report of the Commission appointed to study Juvenile affairs, he has requested the City Attorney to advise him whether or not the Chief Probation Officer of the Juvenile and Domestic under the existln9 law, the operation of the Juvenile Detention Home could be placed under the direction and control of the Nelfare Department of the City of Roanoke, and submitted a letter from the City Attorney, dated May 12, 1950. advisin{ that no earned naster*s degree is required for the position, that the Chief Probati~ Officer must be selected from a list approved by the State Board of Welfare and Institutions, that he has been advised by the Director of Nelfare and Institutions of the Commonwealth of Virginia that he is firmly of the opinion that such a person right of participation in state funds appropriated for Juvenile Court and Juvenile along with his study of the report of the Commission on juvenile affairs. The motion was seconded by Mr. Mheeler and adopted, Br. Dillard voting no. BUDGET-JUVENILE DETENTION ItOME: The City Manager requested an appropriation of $18.00 tO Travel Expense in the Juvenile Detention Bome account of the 1959 offered the following emergency Ordinance: (u!3364) AN ORDINANCE to amend and reordain Section #31, "Juvenile Detention Bone", of the 1950 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 491.) by Rro Decker and adopted by the following vote: NAYS: None .................O. (Br. Nest absent} APPOINTMENTS-LIBRARIES: The City Manager reported the appointment of RF. Philip Ogilvie as Director of Libraries effective August 1. 1958. The report mas ordered filed. PURCHASE OF PROPERTY: The City Manager reported that The First National Exchange Bank, representing the Estate of Mr. Charles L. Tinsley, has offered to transfer to the city the title to three vacant lotso being Official Tax Nos. 323012g, 3230130 and 3230131, at a price of $100,00 each. the said lots lying adjacent to a 14 acre tract of land. cast of Tinker Creek in Northeast, acquired by the city in 19S6, the City Raaager recommending that Council authorize the purchase of the lots as offered by The First National Exchange Bank. Hr, Wheeler moved to concur in the recommendation of the City #anager and to direct the City Attorney to prepare an Ordinance providing for the purchase of the three lots as recommended, The motion was seconded by Rte Decker and adopted. BRIDGES-STREETS AND ALLEYS: The City Wanager reported that, in connection with the Liberty Road - Mundy Road Underpass under the Norfolk and Western Railway Company's Shenandoah division, it is necessary to acquire easements fifteen feet in width to accommodate se~er lines through the following properties: Ilollins Road Civic League, Incorporated, Official Tax No. 3250201, 99 feet; Mrs. Lena Fleshman, Official Tax No. 3250203, 05 feet; Mr. W. T. llylton, Official Tax No. 3250214, 213 feet; Mr, Oscar Watson, Official Tax No. 3140012, approximately 423.4 feet; and the Roanoke County School Board, Official Tax No. 3140~ll, approximately 310 feet, and that thc ltollins Road Civic League, Incorporated, and thc Roanoke County School Board have agreed to donate the easements, the other owners havin9 agreed to considerations as follows: Mrs. Lena K. Fleshman. $50.00; Dylton. $100.00; gr. Oscar Natson, $1~0.00, the City Ranager recommending that acquisition of the easements be authorized. Mr. ~ebber moved to direct the City Attorney to prepare an Ordinance providing for acquiring Of the easements as recommended by the City Manager. The motion was seconded by Mr. Wheeler and adopted. POLICE DEPARYMENT: The City Manager reported that Patrolman Joseph B. King of the Police Department, injured in line of duty on October 6. 1957, will he unable to return to duty On June 4. 195B. when the authorization for payment of his salary will expire, the City Manager recommending the adoption of a Resolution providing for an extension of sixty days' time during which Patrolman King can draw his full salary. ~r. Decker moved to concur in the recommendation of the City Manager and offered thc following Resolution: (m133~5) A RESOLUTION directing that Joseph B. Kin9. a member of the Police Department, be paid his regular salary for a period of sixty days beginning June 4. lqSR. (For full text of Resolution, see Resolution Book No. 22, Page 492.) Mr. Decker moved the adoption Of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, Webber. Wheeler, and the President, Hr. Young ................ NAYS: None .................O. (Mr. West absent) APPOINTWENTS-REALTB DEPARTMENT: The City Manager reported the appointment of Dr. C. H. Hagenbuch and Mr. Arthur T. Ellett as members of the Board of Health for terms of two years each. beginning July 1, 1958. The report mas ordered filed. .42 PURCHASE OF PROPERTY-TRAFFIC-STREETS AND ALLEYS: The City Manager reported that Mr, R, T. Swicegood,.from mhom the city acquired certain land at the inter- section of Main Street and Brandon Avenue, S. M., under Ordinance No. 13292, the terms of which provided tbat Mr. Swicegood may retain possession of his property until August 1o 1958, has requested that he be permitted to retain the property an additional month until September l, 1958, the City Manager advising that, in his judgment, retention of the property by Mr, Swlcegood for an additional thirty days mould not be detrimental to the city*s interest and recommending the adoption Of a Resolution authorizing the same. Mayor Young advised that Mr. Smicegood has advised him verbally that his request was for November 1, 19§8, rather than for September l, 1958; whereupon, Mr. Mebber moved to grant the request of Mr. Swice~ood that he be pernitted to retain use of the property in question until November 1, 1950. The motion died for lack of a second. Mr. Decker then moved to permit Mr. Swicegood to remain in possession of the property in question until January 1, 1959, at a fair rental, and to direct the City Attorney to prepare a Resolution providing therefor. The motion was seconded by Mrs. Pickett. Mr. Dillard then offered a Resolution authorizing retention of the property by Mr. Swicegood until September 1, 19§~, as recommended by the City Manager, and a substitute motion for its adoption. There being no second, the substitute motion sas lost; mhereupon. Mr. Decker*s motion failed by the following vote: AYES: Council members Decke~ Dillard and Pickett ........................ NAYS: Council members Mebber, Mheeler, and the President, Mr. Young .....3. (Mr. West absent) HEALTH DEPARTMENT: The City Manager reported that Chapter 398 of the Acts Of the General Assembly of Virginia for 1958, which viii become effective June 27, 1958, will eliminate the requirement for inspection of fresh dressed meat and meat produots offered for sale in the Commonwealth, thereby invalidating as of that date the effect of Chapter S, Title XlII, of The Code of the City of Roanoke. 1956, and advised that the said Act of the General Assembly provides that any political subdivision of the state may require inspection of fresh dressed meat and meat products 'that are offered for sale by the farmer-producer of the aoimal from uhich such meat came, provided that any such local inspection, if required, shall be conducted by a full-time inspector or inspectors, at a coorenient location, on a regularly available basis, and that the costs of such local inspection shall be borne by the political subdivision imposing same. the City Manager advising that Dr. Margaret Glendy. Actiog Commi. ssioner of Health, wished to discuss this matter with Council. Br. Giendy advised Council that, from the standpoint of public health, she feels that an inspection service as authorized by the Legislature should be estab- lished by the city, that, in addition, the c. ity should provide in connection ~lth the inspection of the meats a processing room where meat products might be made, packaged and stamped with the inspection stamp authorizing their sale, and that in order to provide such services it mould be necessary to have a building, con- tnining malh-ln cold storage uhere the animals and meat could be stored, pending processing and inspection, at a convenient location suitable for the purpose. Mr. Rabbet moved to appoint a committee composed of Mr. Arthur S. Omens, Chairman, Dr. Margaret Oleody and Mr. Randolph G. Whittle to study the legal aspect~ of the recommendation made by Dr. Clendy, the cost and possible location of such a station, and to present to Council the plan of operation required and an Ordinance amending the City Code to provide therefor. The motion was seconded by Mr. Wheeler and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: The request of Ambler M. Rebb. et al., for rezoning of a 3.11 acre tract of land. located on Rhiteside Street. N. E., from General Residence District to Light Industrial District or Business District, haviug been tabled at the previous meeting of Council for further consideration, the matter was again before the body. Mrs. Pickett moved to refer the request to the City Planuing Commission for study and recommendation. The motion was seconded by Mr. Decker and adopted. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Ordinance No. 13300. author- izing the acceptance of the offer of the Heirs of Ernest Edward Bateman to sell the city a parcel of real estate situate at the intersection of Pennsylvania Avenue and Hoover Street, N. W.. having previously been before Council for its first reading, read and laid over. was again before the body, Mr. Wheeler offering the following for its second reading and final adoption: (m133GO) AN ORDINANCE authorizing the acceptance of the offer of the heirs of Ernest Edward Bateman to sell the City a parcel Of real estate situate at the intersection Of Pennsylvania Avenue and Hoover Street, N. W.; authorizing and directing the proper City Officials to do the necessary in the premises; and authorizing the grantors to Occupy the premises through the 12th day of August,1950, (For gull text of Ordinance. see Ordinance Book No. 22, Page 490.) Mr. Wheeler moved the adoption of the Ordinance. The motion vas seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Dillard, Webber, Wheeler. and the President, Mr. Young ............................................. 4. NAYS: Council members Decker and Pickett .....2. (Mr. West absent) AIRPORT: Council at its meeting of May 25, 1950, havin9 directed the pre- paration of an Ordinauce accepting the offer of Esso Standard Oil Company for furnishing furious grades of aviation gasoline to the Roanoke Municipal Airport, Mr. Decker offered the following emergency Ordinance: (#13386) AN ORDINANCE accepting the bid of Esso Standard Oil Company for furnishing various grades of aviation gasoline to the Municipal Airport; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 22, Page 492.) Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Hr. Wheeler and adopted by the folloulng vote: AYES: Council members Decker, Dillard. Pickett, Webber, Wheeler, and the President, Mr. Young ................ 6. NAYS: None ................. O. (Mr. West absent) PARNS AND PLAYGROUNDS-JUNIOR CHAMBER OF COMMERCE: Council at its meeting Of May 26, 1958, having directed the preparation of an Ordinance amendin9 Ordinance No. 12480, to provide for an increase from $17.000.00 to $20,000.00 of the amount of capital funds authorized to be expended by the Roanoke Jnnior Chamber of Commerce for capital improvements in connection mith the operation of the miniature train in the Children*s Zoo on Mill Mountain, the Ordinance. as prepared, was before Council. Mr. Mebber moved to direct the City Attorney to rewrite the Ordinance to provide for a limitation therein of the time durin9 which the Roanoke Junior Chamber of Commerce may recapture its capital expenditures under tho agreement contained in the original Ordinance, the said time to expire on December 31, The motion was seconded by Mrs. Pickett and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS: Mr. Charles E. Peale, 3502 Billcrest Avenue, N. W., appeared before Council and stated that he has been advised that Cumberland Street N. ~.. between Sunrise Avenue and Courtlnnd Road. and Hlllcrest Avenue, N. from Oakland Boulevard to Tenth Street, would be blacktopped during the present pro,ram, but that other streets in the city have been blacktopped and these two streets have not been. Mr. Peale was advised by the Mayor that the streets in question are includ- ed in the 195D blacktoppin~ pro~ram and will be resurfaced as soon as the contrac- tor*s schedules will permit. There bein9 no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday, June 16, 1958, The Council of the City of Roanoke met in regular meeting in the Bustings Court Room io the Municipal Building. Monday, June 16, lgSG, at 2:00 o'clock, p. m.. the regular meeting hour, with the President, Mr. Young, presiding. PRESENT: Council members Decker, Dillard, Pickett, Webber, West, Wheeler, and the President. Mr. Young ........... ABSENT: None ..................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle, City Attorney, Mr. Barry R, Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Eugene Somder. Pastor, Woodlawn Methodist Church. MINUTES: Copy of the minutes of the regular meetin9 held on Monday. June 2 195B, having been furnished each member Of Council. upon motion of Mr. Wheeler, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m** June 16. IgSO, on the request of Mr. R. Douglas Nininger. Executor of the Estate of Lena M. Nininger, that Oakland Boulevard extending from the northerly line of the Map Of Section 1, Fleming Oaks, to Bershberger Road. be vacated, dis- continued and closed, and notice of said hearing having been published in The Roanoke World-News on May 30, 1956, and the City Planning Commission having previously recommended that the request be granted, and the property having previously been viewed by a Board appointed by Council under Resolution No. and the said viewers having previously reported as required by law, the hearing was held at which no one appeared in opposition to the request. Mr. T. L. Plunkett. Jr.. Attorney for the petitioner, appeared and requeste* that Council concur in the recommendation of the City Planning Commission and grant the request of his client. Mrs. Pickett moved that Council concur in the request and that the follow- ing Ordinance be placed upon its first reading: (g133B?) AN ORDINANCE enacted pursuant to the provisions of Section 15-766 Of the Code of Virginia (1950) as amended to date, providing for vacating, discontinuing and closing a certain roadway, sometimes known as Oakland Boulevard, approximately 16 1/2 feet in width, situated in the City of Roanoke, State of Virginia, and hereinafter more particularly described. WBEREAS. a petition has been filed with the Council of the City of Roanoke pursuant to the provisions of Section 15-766 of the Code of Virginia (1950) as amended to date, wherein it is asked that that portion of a certain roadway, some- times known as Oakland Boulevard, approximately 16 1/2 feet in ~idth, extending northerly from the northerly line of the Map of Section I of Fleming Oaks to Rershberger Road ut the northerly corporate limits of the City of Roanoke, Virginia. be vacated, discontinued and closed; and WHEREAS, due legal notice was posted as required by Section 15-76& of the Code of Virginia (1950) as amended to date, and in conformity mith the law in such cases made end prorldcdo the land proprietors affected thereby along that portion of said roadway have been notified; and * ~BEREAS, by Resolution No. 13373, adopted on the 12th day of May, lg$fl, the Council of the City of Roanoke. Ylrginia. appointed viewers to report mhether or not in their opinion any, and if any, what inconvenience would result from permanently vacating said portion of said roadway; and WHEREAS. the viewers appointed reported, in writing, that after having been duly sworn, they viewed the said street end the neighboring properties and are unanimously of the opinion that no inconvenience would result either to the public or to any person, firm or corporation, from permanently vacating, discon- tinuing and closing said portion of said roadway; and ~tIEREASo the City Planning Commission has considered the request and has recommended to Council that said portion Of said roadway be vacated; and ~IIEREAS, the Council Of the City of Roanoke caused a public hearing to be held on the question after publication of due notice thereof, at which hearing the property owners and other interested parties in the affected area Mere given an opportunity to be heard both for and against the request; and NBEREAS. this Council, after considering the evidence submitted, is of the opinion that vacating that certain roadway, sometimes known as Oakland Boulevard, approximately lb 1/2 feet in width, situated in the City of Roanoke, State of Virginia, and hereinafter more particularly described, will not abridge Or destroy any of the rights and privileges of any person, firm or corporation, and that no inconvenience sould result to any one therefrom, and, is further of the opinion that the request of said petition should be granted. TB£REFORB. BE IT ORDAINED by the Council of the City of Roanoke that that certain roadway, sometimes known as Oakland Boulevard. approximately 16 1/2 feet in width, situated in the City of Roanoke. State of Virginia, and more particularly described as follows, to-sit: THAT certain original roadway or right-of-way approxi- mately 16 1/2 feet la width, sometimes known as Oakland Boulevard, extending from the northerly line of the Map of Section I of Fleming Oaks northerly to Hershberger Road at the north corporate limits of the City of Roanoke, Virginia. be permanently vacated, discontinued and closed as provided by Section 15-766 of the Code of Virginia (1950) as amended to date, and in accordance with the law in such cases made and provided, and that all right, title and interest of the City of Roanoke sad the public is hereby released insofar as the Council is empowered so to do, the City of Roanoke, however, reserving unto itself an easement in said property for any existing water lines, sewer lines, drains or other public improvements presently located in said roadway, together with the right of ingress and egress for the maintenance, repair and construction of any such lines or improvements. BE IT FURTBER ORDAINED by the Council of the City of Roanoke that a certified copy of this Ordinance be delivered by the City Clerk to the Clerk of the Bustings Court of the City Of Roanoke, Virginia, to the Clerk of the Circuit Court of the County of Roanoke, Virginia, and to the City Bngineer of the City of Roanoke, Virginia, and that the City Engineer of Roanoke, Virginia, make appro- priate notation of the vacation herein approved on the Official Map of the City of Roanoke. Yhe motion Mas seconded by Rt. Rheeler and adopted by the folloming vote: AYES: Counoil members Decker. Dillard. Pickett. #ehber. Rest. #heeler. and the President, Rt. Young ........ ?. NAYS: None ................. OD ZONXNG: A public hearing having been set for 2:00 o'clock, p. n.. June 16. 19S0. on the request of Mr. George E. Lester, et al., that their properties located on the south side of Patterson Avenue. S. W.. between Nineteenth Street and TMontieth Street. designated ns Lots l-O, inclusive. Block 3S. Rest End and Riverviem, be rezoned from General Residence District to Light Industrial District. and notice of said hearing having been published in The Roanoke ~orld-Nems on May 30. 1g$0, and the City Planning Commission having previously recommended that the request of the petitioners be granted, and further that the remainder of Block 3S, lest End and Riverview. being Lots 9-16. inclusive, also be rezoned to Light Industrial District. the hearing Mas held. RF. R. Cnidwell Butler appeared before Council, stating that he represents residents and property owners in the immediate vicinity of the property requested to be rezoned, and presented a petition signed by forty-five citizens opposing the rezoning as requested by the petitioners and recommended by the City Planning Commission, Mr. Butler pointing out that his clients feel that such action would be highly detrimental to their interest in that it would change the character Of the neighborhood and decrease the value of their residential properties. Appearing Mith Mr. Butler Mas Mr. Joseph M. Grosso. 1917 Patterson Avenue. S. R., who stated that he and his neighbors feel strongly that business and industrial inroads into the area ~ould destroy their property as residential units. Mr. Butler then requested that Council deny the request of the petitioners. No one appeared for the petitioners. Mr. Nebber moved to deny the request of Mr. George E. Lester, et al., along Mlth the recommendation of the City Plannin9 Commission for the rezoning of Block 35. Nest End and Riverview, to a Light Industrial District. The motion was seconded by Mr. Dillard and adopted. ZONING: A public hearing having been set for 2:00 o'clock, p. m.. June 16, 1956. on the request of Harold E° and Theresa A. ROMe that their property located on the northeast corner of ~alnut Avenue and Piedmont Street, S. E.. designated as portions of Lots 1, 2 and 3. Block 23, Roanoke Gas and ~ater Company, be rezoned from Special Residence District to Business District. and notice of said hearing having been published in The Roanoke Norld-News on May 30, 1958, and the City Planning Commission having previously recommended that the request be granted, the hearing was held. Mrs, M. E, Zieber and approximately tuenty other citizens, being property owners and residents of the effected area, appeared before Council in opposition to the request and presented · petition signed by fifty=seven residents of the area opposing the rezonlng request, which, along mith· petition of fortyothree residents having previously been presented to Council by Mr. Zieber, made one hondred petitioners opposing the rezoning request. Mrs. Zleber advising Council that with one exception every property owner and resident of the immediate area is. opposed to the rezoning of the property in question on the basis that it is a residential neighborhood and that sufficient bnsiness property now exists in the area, some of which is oat presently in use. Mr. Murray A. Stoller, Attorney for the petitioners, appeared before Council and advised that his client proposes to erect anem £illiog station oo the corner lot proposed to be rezoned and that the other three corners of the intersection are already business or industrial property, Mr. Stoller requesting concurrence in the recommendation Of the City Planning Commission. Mr. Dillard moved to deny the request of Darold E. and Theresa A. Rowe that their property located on the northeast corner of Mainut Avenue and Piedmont Street, So R., be rezoned from Special Residence District to Business District. The motion was seconded by Mr. Mheeler and adopted. At this point, Mr. West asked to be excused and left the meeting. PETITIONS AND COMMUNICATIONS: STREET LIBDYS: Yhe GitI Clerk presented a communication from the Appalachian Power Coupany. transmitting a report of the installation of nine 2500 lumen street lights in the city during the month of May. IgSB. The report was ordered filed. STREETS AND ALLEYS: The City Clerk presented n commnnicatinn from the City Planning Commission, recommending that Staunton Avenue, N. W., from Fifth Street eastward to the Washington Park property, and an alley extending from that portion of Staunton Avenue, N. W., northward to the Washington Park property, be vacated, discontinued and closed, and advising that all of the property surrounding the street and the alley is owned by the CitI of Roanoke. Mr. Wheeler moved to set a public hearing in the matter for 2:00 o'clock, p. m., July 14. 1958, in the Council Chamber, and to direct the City Attorney to prepare the proper notice of said hearing and submit it to the City Clerk for publication. The notion was seconded by Mr. Dillard and adopted. AIRPORT-PARKS AND PLAYGROUNDS: The City Clerk presented a communication from Dr. Justin Plummer, et al** advising that a group of negro citizens are delirous of leasing from the City of Roanoke a portion of the Roanoke Municipal Airport property at the junction of Route 117 and Route 116 for use as a negro golf course. Mr. Dillard moved to request the City Attorney to furnish Council an opinion, advising whether or not Council can legally enter into such a lease for the purpose designated. The motion was seconded by Mr. Wheeler and adopted. Mr. Wheeler then moved to refer the request to a committee composed of Messrs. Roy L. Webber. Chairman, Arthur S. O~ens and Harry R. Yates for study in connection with contemplated improvements at the Roanoke Municipal Airport and on highmays in the vicinity of the airport and submit their report and recommendation thereon. The motion mas seconded by Nfo Dillard and adopted, RECREATION DEPARTMENT: The City Clerk presented a communication from the Tlmes-Morld Corporation, expressing appreciation to Council and Officials of the City of Roanohe for the city*a cooperation in staging the Roanoke Soap Dom Derby and advising that the said Derby mill be held Outside of the city limits this year. The report was ordered filed. SECREBATION: The City Clerk presented a communication from the Roanoke Ministers* Conference, transmitting a Resolution adopted by that body requesting that Council set up a bi-racial group to promote communications and understanding between the races. Mr. Dillard moved to file the communication. The motion was seconded by Mrs. Pickett, Mr, Webber then offered a substitute motion to table the communication for consideration until the next regular meeting Of Council. The motion was seconded by Mr. Wheeler and adopted, Mr. Dillard and Mrs. Pickett voting STREETS AND ALLEYS: The City Clerk presented a communication from the Melrose Avenue Methodist Church, requesting that Thirteenth Street, N. W.. between Orange Avenue and Melrose Avenue. and a spur extendin9 off Melrose Avenue approxi- mately 150 feet in length, westward from Thirteenth Street, be resurfaced. Mr. Wheeler moved to refer the request to the City Manager for consideratio The motion was seconded by Mr. Decker and adopted. STREETS AND ALLEYS: The City Clerh presented a petition from Lee ~eedick. requesting that an alley extending B6.947 feet from the south line of Bullitt Avenue, S. W.. in a southerly direction, parallel to and 133.93 feet westerly from Jefferson Street. and thence 04.05 feet in a westerly direction to a dead end. be vacated, discontinued and closed, and requesting the appointment of viewers in connection therewith. Mr. Webber moved to direct the City Attorney to advise Council whether or not it has authority to close or to sell the alley in question. The motioo was seconded by Mr. Dillard and adopted. REPORTS OF OFFICERS: STREETS AND ALLEYS-BRIDGES-STORM DRAINS: Council at its meeting of May 19. 1956, having referred to the City Manager a communication from the Wildwood Civic League, requesting that Dell Avenue, N, E.. and adjacent streets, be repaved and that certain repairs be made to the bridge that crosses Glade Creek on Vinton Road, N. E., the City Manager reported that the necessary repairs have been made to the bridge and that at some subsequent date he expects to replace the flooring on the bridge, and advised that to resurface Dell Avenue. N. E., would cost approxi- mately $3,000.00. and that funds are not included in the 1958 budget therefor. In this connection, the City Clerk presented a communication from the Wild- wood Civic League, requesting that a spring branch running through Thrasher Park, N. E,, be properly ditched in order to provide ample drainage and thereby eliminate a swamp in the area. The Citl Manager advised that the branch has been properly ditched in the past week and the condition complained of eliminated. Hr. Hebber then moved to refer the question of resurfacing Dell Avenue. H. E., back to the City Homager for his consideration. The motion mas seconded by Hr. Decker and adopted. PURCHASE OF PROPERTyoTRAFFIC-STREETS AND ALLEYS: The City Manager requestel that Council reconsider its action of the previous meeting and adopt a Resolution authorizing Mr. R. T. Swlcegood to retain until September 1, 1950, possession of property located at the intersection of Drandon Avenue and Hain Street, S. W., !which the city acquired from him. the City Manager pointing out'that, prior to signing the deed for the property. Hr. Smicegood had been advised by him that he would recommend such an extension of time to Council. Mr. Dillard moved to concur in the request of the City Manager and offered the folloming Resolution: (~1330G) A RESOLUTION relating to the acquisition Of certain property from R. T. Swicegood in connection with the proposed changes in the intersection of Brandon Avenue and Hain Street, S. W. (For full text of Resolution, see Resolution Book No. 22, Page 493.) Mr. Dillard moved the adoption of the Resolution, The motion was seconded by Hr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler. and the President, Mr. Young ................ 6. NAYS: None .................O. (Mr. West absent) PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council at its meeting of Apri 28. 195G, having directed the City Manager to consider the acquisition of land for a park and recreational center to serve the Villa Heights - Forest Park - Washingto~ Heights area and to submit his report and recommendation, the City Manager reported that the city has acquired the Bateman property situated at the intersection of Pennsylvania Avenue and Hoover Street, N. W., under provisions of Ordinance No. 13380. adopted on June 2, 195G, and that this property, along with the school site in the area upon which the School Board proposes to erect a new elementary school, should provide reasonable focilities for recreational purposes at this time. and recommended that consideration be given in the future to the possible acquisition of land near the Forest Park school, if and when funds are available. Mrs. Pickett moved to file the City Manager*s report and to direct the City Attorney to prepare a Resolution providing for naming of the Bateman property as "Forest ltills" and also for inclusion of the property into the city's park system. The motion was seconded by Hr. Dillard and adopted, GARBAGE REMOVAL: Council at its meeting of March 3. 1958. having directed the City Manager to study the question of collection of garbage and trash by using )rivate contractors therefor and an estimate of the cost thereof, in relation to the cost of performing this service with city employees under the city's present program, the City Manager reported that he has made such a study ~hich, because of being so voluminous, he is holding in his office rather than filing with the records of Council, the study being available to Council and other interested persons, the titI Manager advising that, in his opinion, the collection of garbage and trash is an essential governmental function which has long been included in the present tax structure of the city and should be continued on its present basis, that his studies have convinced him that the colle aion of garba9e and trash under the city*s present program compares farorably with other municipalities and. in his opinion, could not be performed uny cbeuper by contracting it to private indivi- duals, the City Manager therefore recommending that no change be made at this time. Hr. Mbeeler moved to file the report. The motion was seconded by Dillard and adopted. PURCHASE OF PROPERTY-PAR~S AND PLAYGROUNDS-STREETS AND ALLEYS: The City Manager reported that the commissioners appointed by the Court in the proceedings for condemnation of property from Ellen Mae Carter, et al** for the extension of Wiley Drive, S. W., have in their report of April 25. lqSO, fixed the sum of $4,qSO.O0 as the amount of compensation to be awarded to the landowners for the 1.054 acre strip of land sought to be condemned by the city in this proceedings, the commissioners reporting that no damage will result to the residue of the property of the Carters or to the property of any other person, and that inasmuch as the amount of the award fixed by tbs commissioners is $4.q50.00. which exceeds the sum of $1,530.00 previously authorized for the purchase Of this property by Ordinance No. 13220, it will be necessary for Council to authorize the additional expenditure of $3,420.00 if the property is to be acquired, the City Manager stat- lng that this is a key piece of property in the extension of Wiley Drive up Roanoke River, without mhich it would be impossible to complete the roadway, and recommend- ing that Council authorize acquisition of the property at $4,950.00. Mr. Mheeler moved to file the report. The motion was seconded by Mr. Mebber. Mr. Decker then offered a substitute motion directing the City Attorney to prepare the necessary papers providing for the acquisition Of the property as recommended by the City Manager. The substitute motion was seconded by Mrs. Picketl and lost by the following vote: AYES: Council members Decker. Dillard, and Pickett ...................... NAYS: Council members Webber, Wheeler, and the President. Mr. Young ..... The motion of Mr. Wheeler then failed by the following vote: AYES: Council members Webber, Wheeler, and the President, Mr. Young .....3. NAYS: Council members Decker, Dillard, and Pickett ...................... The Mayor then directed that the matter be placed on the agenda for the inext regular meeting Of Council. BUILDING CODE: The City Manager reported that, due to recent occurrences. he feels that it is necessary to amend certain sections of the Building Code relative to the repair or removal of unsafe buildings and that he has had the City Attorney*s office prepare an Ordinance providing for such amendments, the City Manager recommending that the said Ordinance be adopted. Mr. Mheeler moved that Council concur in the recommendationaad:that the following Ordinance be placed upon its first reading: (#13389) AN ORDINANCE to amend and reordain subsection 104.3, Notice of Unsafe Buildings or Structures, subsection 104.4. Disregard of Unsafe Notice, and subsection 104.5. Emergency Work, of SECTION 104. UNSAFE BUILDINGS AND STRUCTURES, of the Building:Code heretofore adopted by Sec. 1, Chapter 1. of Title XV of The Code Of the City of Roanoke. 1956. relating to construction . alteration and use Of land, buildings and other structures. BE IT ORDAINED by the Council of the City of Roanoke that subsecti6n 104.3. Notice of Unsafe Buildings or Structures. of SECTION 104. UNSAFE BUILDINGS AND STRUCTURES. of the Building Code heretofore adopted by Sec. 1, Chapter 1, of Title X¥ of The Code of the City of Roanoke, 1956, be, and said subsection is hereby, amended and reordained to provide as follows: 104,3~ Notice of Unsafe Buildings or Structures; Order to Nake Safe or Secure to to Remove. Upon determining that a building or strocture or a portion thereof is unsafe as heretofore defined in this section, the Uuilding Commissioner shall serve on the owner of said building or structure, or on one of the owners, or on the agent, attorney or other representative of said owner or owners, a written notice containing a brief description of the building or structure or portion thereof determined to be unsafe, a statement of the particulars in which the building or structure or portion thereof is unsafe, and an order requiring the same to be made safe end secure or removed, as may be determined by him, and fixing the time within which compliance shall be commenced or completed. If any person to whom such notice and order is addressed cannot be found after diligent inquiry or search, then such notice and order shall he sent by registered mail to the last known address of such person or a copy Of such notice may be published for not less than five days in a newspaper of general circulation in the City of Roanoke and, in either case, a copy of such notice shall be posted in a conspicuous place On the premises to which it relates. Such mailing or advertisement and posting shall be deemed adequate service of such notice and order upon the owner or owners and upon any other person having an interest in the premises and a failure by any such person to comply with the terms of said order shall be deemed to be a violation of this Code. BE IT FURTHER ORDAINED that subsection 104.4. Disregard of Unsafe Notice, of SECTION 104. UNSAFE BUILDINGS AND STRUCTURES, of the aforesaid Building Code, be, and said subsection is hereby, amended and reordained to provide as follows: 104.4. Disregard of Notice and Order. (a) If any person served with an order of the Building Commissioner to make safe or secure, or remove, an unsafe building or structure should fail within the time required in such order to comply with the requirements of said order, the Building Commissioner may make complaint against such person for non- compliance under Sec. 105 of this Code, or may report such non-compliance to the City Attorney with request that an appropriate action at law or proceeding in equity be instituted to secure compliance with said order or, in his discretion, said Building Commissioner may cause the necessary mark to be done to place the said building, structure, or part thereof, in a safe or secure condition, the cost to the City of such work to constitute a lien on the land upon which the buildin9 or structure is located and to be recovered from the owner or other person in possession, charge or control of such property. Before said Building Commissioner shall undertake the work of making safe or secure any such building or of removing the same. he shall cause an appraisal to be made by a committee consisting of 2 licensed real estate agents and 2 licensed contractors, appointed by said Buildin9 Commissioner, who shall, together nnd st n predetermined time, inspect said properS: and sppraise the value of said building or structure in Its present condition, determine the estimated cost of doing the work necessary to make said building or structure comply with tho requirements of this Code, and determine the estimated value of said building Or structure if the worh ordered to be done mere performed. If, in any case, the estimated cost of such mork is greater than §0~ of the extlmated value of tho building or structure after the performance of such moth, the Dullding Commissioner shall not undertake to pluce said building or structure in safe or sound condition but shall remove the same. Not less than 5 days* mritten notice of the date and time at mhich the aforesaid committee will inspect the property as aforesaid shall be given by the Building CommlssloceF to the person served with said Duilding Commissioner's notice and ordeF in any manner provided in subsection 104.3. BE IT FURTUER URDAINED that subsection ID4.S. Emergency #orb. of SECTION 104. UNSAFE BUILDINGS AND SYRUCTURES, of the aforesaid Duilding Code be, and said subsection is hereby, amended and reordained to provide as follows: 104.5. Emergency Nork -- Authority to Demolish -- Lien created. (a) In case there shall be. in the opinion of the BuildingCommissioner, actual and immediate danger of failure or collapse of an unsafe bnilding or structure, or any part thereof, so as to endanger life or property, the Building Commissioner shall forthwith cause the necessary work to be done to render said building or structure, or part thereof, temporarily safe, whether other procedure in this section shall have been instituted or not, and the cost to the City of such work shall constitute a lien on the land upon which the buildin9 or structure is located and may be recovered from the owner or other person in possession, charge or control Of such property, (b) If, in accordance with the provisions of this section, the work of placing any building, structure, or part thereof, in a safe condition shall devolve upon the Building Commissioner and it shall appear that such building, structure, or part thereof, is in such condition ns not towarrant the expenditure thereon,of a sum of money sufficient to make such repairs or do such work as is necessary to put the same in a safe condition, the Building Commissioner shall have the authorit to tear down and remove such building, structure, or part thereof, and the expense of tearing down and destroying any such building or structure, or part thereof. and of the removal, if necessary, of the materials from the land, shall be charged to the person owning or in possession, charge or control of such building or structure, Or part thereof, and the Building Commissioner shall recover, or cause to be.recovered, for the City from such owner or person in possession, charge or control, the cost to the City of doiugsuch work by some appropriate legal proceed- ing; and such cost shall be and remain a lien on the land upon which said building or structure is located until the same be paid. Yhe motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Decker, Pickett, ~ebber. Nheeler, and the President, Mr. Young ........................... 5. NAYS: Mr. Dillard- .........1. (Br. Nest absent) ,53 WATER DEPARTMENT: The City Manager'reported that,' subsequent to the adoption ofResolution Ro~ 13350 on April 7, 1958; he'has been advised by the NationalBoard of'Fire Underwriters and Officials or:the International Telephone and Telegraph Company that the water service provided for the plant ~nder the said Resolution is inadequate to provide for proper fire service, and that a new location for the waterservlce to the proposed plant has been worked out which will be $3~000.00 cheaper to the city. the City Manager recommending the adoption of a Resolution'to amend Resolution No. 13350, providing for the necessary changes. Hr. Rheeler moved to concur in the recommendation of the Cie! Manager and ;offered the following Resolution: (u13390) A RESOLUTION amending and re-enacting Resolution No. 13350, adopted by the Council'of the City of Roanoke on the 7th day of April, 1950. (For full text of Resolution, see Resolution Book No. 22, Page 494.) Hr. Wheeler moved the adoption of the Resolution. The notion was seconded by Mr. Docker and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett, Webber, Wheeler. and the President, Mr. Young ................ 6. NAYS: None .................O. (Mr. Rest absent) STORM DRAINS: The City Manager reported that Sydnor Pump and Well Company, Incorporated, has about completed its contract for the drilling of drainage shafts in the Williamson Road area and recommended that. because of the favorable price received by the city under this contract, Council authorize an extension Of the contract with Sydnor Pump and Well Company, Incorporated. to cover an additional $20,000.00 to provide for additional shafts at nine trouble spots in the Williamson Road area. the City Manager advising that Sydnor Pump and Well Company. Xncorporatefl has agreed to such an extension. Mr. Wheeler moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare the necessary Resolution providing for the extension of the contract. The motion was seconded by Mr. Webber and adopted. STREETS AND ALLEYS: Council at its meeting of May 5, 1950, having referred to the City Manager for study and recommendation, including an estimate of the cost a petition from residents of the ?00 block of Staunton Avenue, the 000 block of Grayson Avenue, and Eighth Street, N. W., between Staunton Avenue and Grayson Avenue. requesting that the said streets be resurfaced, the City Manager reported that the cost for such resurfaciflg would be approximately $5,000.00 and that no funds are available in the 1958 budget for such paving, recommending that the matte be considered along with the 1959 budget. Mr. Webber moved to refer the matter back to the City Manager for consider- ation along with his present resurfacing program or for inclusion in the program for 195g. The motion Was seconded by Mr. Decker and adopted. STREETS AND ALLEYS: Council at its meeting of June 2. 1958, having referre~ to the City Manager for study and recommendation a petition from residents of the Oakland Terrace Section, N. E., requesting that Noble Avenue. Colgate Street and Forest Rill Avenue. N. E., be resurfaced, the City Manager reported that Forest Rill Avenue from Wtlliamson Road to Colgate Street is included in the 1959 resur- facing program and will be resurfnced this summer, that Moble Avenue and Colgate Street are both under consideration for 1959, the City Manager recommending that the streets be deferred for consideration along with the 19S9 budget. Mr. Webber moved to refer the matter back to the City Manager for conside~ arian in his current resurfacing program oF for inclusion in the 1959 budget. The motion was seconded by Mr. Decker and adopted. SE~ERS-STORM DRAINS~ Council at its meeting of May 19, 1958, having refer- red to the City Manager for study and recommendation a complaint received from citizens residing In the area of Forest Park Boulevard and Aspen Street, M. W., that storm water drains and sanitary sewers in the area are in sane way connected, resulting in their sanitary sewers backing up and flooding their basements during storm periods, the City Banager reported that to eliminate the flooding condition in that area would cost approximately $140,000.00, which in his opinion should be accomplished in several stages, as follows: (1) along the creek from Melrose Avenue to a point eight hundred feet north of Melrose Avenue, $30,250.00; (2) in Forest Park Boulevard from a point on the creek eight hundred feet north of Melrose Avenue to Aspen Street, $67,386.00; (3) in Forest Park Boulevard from Aspen Street to Glendale Avenue. $15.903.00; (4) in Clenrose Avenue from Forest Park Boulevard to Golfside Avenue. $15,235.00; (5) in Glendale Avenue from Forest Park Boulevard to Golfside Avenue, $11.660.00; the City Manager recommending that Council consider initiating this program in its 1959 budget. Mr. Mebber moved to direct the City Manager to advertise for bids for the first stage of the recommended program, with alternate bids for stages one and two of the program, after the preparation of proper plans therefor, Council to decide upon how much of the work should be accomplished upon receipt of the bids. The motion was seconded by Mr. Dillard and adopted. REPORTS: The City Manager transmitted a report of the Department of Public Welfare for the month of April, lqSB, and reported other departmental reports on file in his office. The report was ordered filed. REPORTS.OF COMMITTEES: SEWAGE DISPOSAL: Council at its meeting of December 16, 1957, having referred to a committee composed of Messrs. Roy L. Webber, Chairman, Walter L. Young, Arthur S. Owens, and Randolph-G. Whittle for study and recommendation a request of the Town of Salem that the contract of October 16, 1953. between the Town of Salem and the City of Roanoke, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an area lying between Lee Highway. U. S. Route 11, on the north. Riverside Lane on the east. and Roanoke River on the south and west, and at itsmeeting of June2,-1959. having referred to,the same com- mittee a request of the Town of Salem that the same contract be amended by adding thereto an area containing approximately 13.24 acres, lying in the County of Roanoke, westward of the Town of Salem, along Virginia Route 773. the committee submitted its report, recommending that the two requests of the Town of Salem be 9ranted subject to approval of the State Water Control Board. Mr. Wheeler moved to concur in the recommendation of the committee and offered the following Resolution: -56 (w13391) A RESOLUTION outriding the contract of October 16, 1953, between the City of Roanoke and the Town of Salem dealing with the treatment of dowestic (For full text of Resolution. see Resolution Boob No. 22. Page 495.) Hr, ~heeler moved the adoption of the Resolution. The motion wes seconded by Mr. Nebber and adopted by the following vote: AYES: Council members Oecker. Oillard, Pickett, ~ebber, Nheeler, and the President. Hr. Young ................ 6. NAYS: None .................O. (Mr. ~est absent) Rt. ~heeler then offered the following Resolution: (ois39R) A RESOLUTION amending the contract of October 16. 1953. between the City of Roanoke and the Town of Salem dealing with the treatment of domestic (For full text of Resolution. see Resolution Book No, 22, Page 497.} Mr. ~heeler moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, ~ebber, Rheeler, and the President, Rr, Young ................ NAYS: None .................O. (Hr. West absent) SE~dAGE DISPOSAL: Council at its meeting of June 2, 1950, havin9 referred S. Owens, and Randolph G. Nbittie for study and recommendation a request of the Board of Supervisors of Roanoke County that the contract of September 20, 1954, between the County of Roanoke and the City of Roanoke, dealing with the treatment Virginia Route 601 north of U. S. Route 11 in the County. the committee submitted its report, recommending that the request of the County be 9ranted subject to approval of the State ~ater Control Board. offered the following Resolution: (~13393) A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke ~nd the County of Roanoke, dealing with.the treatment of (For full text of Resolution. see Resolution Book No. 22, Page 49D.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Rr. Decker and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, Webber, Wheeler. and the President. Wt. Young ................ NAYS: None .................O. (Mr. ~est absent) ~ATER DEPARYWENT: Council at its meeting of June 2, 1958, having referred Raymond E. Pillow, for tabulation, study and recommendation, bids received for furnishing pumping equipment for the Crystal Spring Pumping Station, the committee submitted its report, recommending acceptance of the bid of Allis-Chalmers Ranu- facturing Company, the low bid, in the amount of Hr. Wheeler moved to concur in the recommendation of the committee and offered the following Resolution: (~13394) A RESOLUTION accepting the proposal of Allis-Chalmers #anufocturin Company for supplying pnmpln9 equipment; authorizing the Purchasing Agent to issue the requisite porchase order; and rejecting the other bids. (For full text of Resolution, see Resolution Book Ho. 23, Page I.) Mr. Wheeler moved the adoption Of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Webber, Wheeler, and the President, Mr. Young ................ 6. NAYS: None .................O. (Hr. West absent) HEALTH DEPARTMENT: Council at its meeting of June 2, 1950,.havin9 referred to a committee composed of Mr. Arthur S. Owens. Chairman. Dr. Margaret Glendy and Mr. Randolph G. Whittle. for study of the legal implications and preparation of an Ordinance for the inspection of fresh dressed meat and meat products offered for sale in the City of Roanoke by the farmer-producer of the animal from which such meat comes, the committee submitted its report, advising that it has prepared two Ordinances amending the City Code to provide for the inspection of such meats. with a tentative cost of operation, indicating that the cost would be approximately $13,552.00 for the first twelve months and $9.200.00 annually thereafter, the committee advising that the neat inspection service should be housed in a building in the vicinity of the market area downtown, the City Manager advising that he has signed the report of the committee in a spirit of cooperation, but he does not believe the city can Justify the cost, and further feels that entering into such ~rogram would be governmental paternalism. After some discussion of the matter, Mr. Webber offered the following emergency Ordinance: (~13395) AH ORDINANCE to amend and reordain Chapter 5. 'Meat and Meat Products' of Title Xlll. 'Health' of The Code of the City of Roanoke, 1955; and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 23, Page 2.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Rt. Decher and adopted by the followin9 vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................ NAYS: None .................0.. (Mr. West absent) Mr. Webber then offered the followin9 emergency Ordinance: (~13396) AN ORDINANCE to amend and reordain Section 9. 'Sale of fresh meat* of Chapter 2. 'Market Regulations* of Title IX. 'Public Markets' of The Code of the City of Roanoke, 19561 and providing for an emergency. (For fall text Of Ordinance, see Ordinance Hook No. 23, Page 4.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted bl the following vote: AYES: Council members Decker, Dillard, Pickett, Webber. Wheeler, and the President, Mr. Young ................ NAYS: None .................O. (Mr. West absent) .57 ~58 Mr. Decker then offered the following emergency Ordinance appropriating funds to cover the cost er the meat inspection provided for: (s13397) AN ORDINANCE to amend and reordaJn Section a40, ~Heulth Departmeot# and Section n144, "Departmental Equipment and Improvements#, of the 1950 Appropria- tion Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO, 23, Page 4.) Nr. Decker moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pickett and adopted by the folloming vote: AYES: Council members Decker, Dillard, Pickett, Nebber, Mheeler, and the President, Mr. Young ................ 6. NAYS: None .................O. (Mr. Mest absent) AIRPORT: Council at its meeting of June 2. 1950, having referred to a committee composed of Messrs. Arthur S. Owens, Chairman, H. Cletus Broyles and Marshall L. Harris. for tabulation, study and recommendation, bids received for the construction of an additional apron in front of the Terminal Building at the Roanok* Municipal Airport and the relocation of Virginia Route lie, eastward of the airport,! the committee submitted its report showing the bid of 6arrett. Moon and Pool, Incorporated, in the amount Of $32.135.39 for the construction of an additional apron at the airport, and the bid of Ralph E. Mills Company. in the amount of $48,269.69 for relocation of Virginia Route liB. as the low bids received, the committee recommending that the bids be accepted. Nfs. Pickett moved to concur in the recommendation of the committee and offered the following Resolution: i#13398) A RESOLUTION accepting the proposal of Carrett. Moon & Pool. Inc.. for paving Noodrum Field apron, ia accordance with the specifications therefor designated Project No. 9-44-012-00, subject to the approval of the Civil Aeronautics Administration. (For full text of Resolution. see Resolution Rook No. 23. Page Mrs. Pickett moved the adoption of the Resolution. The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Nebber. Nheeler, and the President, Mr. Young ................ 6. NAYS: None .................O. (Rt. Nest absent) Mr. Mheeler then offered the following Resolution: (m13399) A RESOLUTION accepting the proposal of Ralph E. Mills Company, Incorporated, for the relocation of State Highway No. lie, in accordance with the specifications therefor designated Project No. 9-44-012-00, subject to the approval of the Civil Aeronautics Administration. (For full text of Resolution. see Resolution Book No. 23, Page 6.) Mr. Nheeler moved the adoption of the Resolution. The motion mas seconded by Mr. Decker and adopted by the following vote: AVES: Council members Decker. Dillard, Pickett. Nebber, Nheeler, and the President, Mr. Young ................ NAYS: None .................O. (Mr. Nest absent) Mr. Webber then offered the follouing emergency Ordinance appropriating the necessary funds for the two projects: : 59 (z13400) AN ORDINARCE to amend nad reordnln Section n142. #Transfer to Improvement Fund=, of the 1950 Approprintiou Ordinance and providing for an emergency. (For full text or Ordinance, see Ordinance nook No. 23, Page 7.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the follouing vote: AYES: Council members Decker, Dillard, Pickett, Webber. Mheeler, and the President. Mr. Young ................ NAYS: None ..............i--O. (Hr. Mest absent) UNFINISHED BUSIN£SS: ZONING: Council at its meeting of June 2, 1956, having referred to the City Planning Commission for study and recommendation the request of Mr. Ambler Kebb, et al.. that a tract of land containing 3.11 acres, located on Mhiteside Street, N, E., be rezoned from General Residence District to Business District or Light Industrial District. the City Planning Commission submitted its report. advising that the land in question is situated between land now zoned as Business District and Heavy Industrial District and. in its opinion, is more suitable for industrial than for residential purposes, the Commission therefore recommending that Council grant the request of the petitioners. Mr. Webber moved to set a public hearin9 on the request for 2:00 o'clock, p. m., July 14, 195B, in the Council Chamber, and to direct the Attorney for the petitioners to prepare the necessary notice of the said hearing, have it approved by the City Attorney and present It to the City Clerk for publication. The motion was seconded by Mr. Wheeler and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE OF PROPERTY-GARBAGE RE~OVAL: Council at its meeting of June IgSB. having directed the preparation of an Ordinance providin9 for th~ purchase of three lots from the Estate of Charles L. Tinsley, Mr. Wheeler moved that the follow- lng Ordinance be placed upon its first reading: (=13401) AN ORDINANCE authorizing the acceptance of the offer of the Estate of Charles L. Tinsleyto sell the City certain real estate; and authorizing and directingthe proper City Officials to do the necessary lo the premises. WHEREAS, T~ First National Exchange B~nk, Executor of the Estate of Charle~ L. Tinsley, has offered to sell the City three lots near the acreage acquired by the City in 1956 from S. J. Jones for $100.00 each cash net; which offer the City Manager has recommended be accepted and in which recommendation this Council THEREPORE, BE IT ORDAINED by the Council of the City Of Roanok~ aa follows: 1. That the offer of The First National Exchange Bank, Executor of the Estate of Charles L. Tinsley, to sell and conrey unto the City Officia~ Tax Lots Nos. a2~01290 $2~01~0 and ~2~01~1. at the price of $100.00 each cash net, be, and said offer is hereby accepted. 2. That the City Attorney be, and he is hereby, directed to make. or cause to be made, the requisite e~amination of title to the aforesaid lots of land and, if it be determined that the Estate of Charles Lo Tlnsley, or the record owner thereof, may legally convey a marhetablo fee simple title to the aforesaid lots to the City of Roanohe. to accept a proper deed of bargain asd sale conveying said premises to the City. 3. That the City Auditor, upon being supplied a certificate of title by the City Attorney ahouing said land to be free Of liens and encumbrances and also the above-mentioned deed of bargain and sale properly executed,' conveying the same unto the City in fee simple and with covenants of Special Warranty of title and in form approved by the City Attorney, be, and he Is hereby, authorized and directed to issue a City warrant in the amount of $300.00 and deliver such warrant to the City Attorney to be, in turn. delivered by him to the party entitled thereto. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett. Webber, Wheeler, and the President, Mr. Young ................ NAYS: None .................O. (Hr. West absent) BRIDGES-STREETS AND ALLEYS: Council at its m~eting of June 2, 1950, having directed the preparation of an Ordinance providing for the acquisition of perpetnal easements across certain properties, needed for the construction Of a storm drain in connection with the Liberty Road - Mundy Road Underpass. Mr. Wheeler offered the following emergency Ordinance: (#13402) AN ORDINANCE authorizing the acceptance of offers to convey unto the City easements for rights of way, for the storm drain, in connection with the proposed Liberty Road - Mundy Road Underpass; arid proriding for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 7.) Mr. Wheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett. Webber, Wheeler, and the President, Mr. Young ................ NAYS: None .................O. (Mr. West absent) Mr. Wheeler then offered the following emergency Ordinance appropriating funds for the purchase of the land and easements provided for in Ordinance Nos. 13401 and 13402: (=13403) AN ORDINANCE to amend and reordain Section #141, 'Sewer and Drain Construction". and Section #144, ~Oepartmental Equipment and Improvements', of the 1959 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page D.) gr. Wheeler moved the adoption of the Ordinance. The motion sas seconded by Mr. Dillard and adopted by the following vote: AYES: CounciI members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................ NAYS: None .................O. (Mr. West absent) Mr. Webber called attention to the fact that Bollins Road Civic League, Incorporated. and the Roanoke County School Board have donated easements to the City in connection with the Liberty Road - Mnudy Road Underpass and moved to direct the City Clerk to express the thanks of Council for their donations. The motion was seconded by Mr. Decker and adopted. BONDS-SCHOOLS: Council at its meeting of April 28. 1958. having directed the preparation of a Resolution providing for the sale of $2,400,000.00 of school bonds, Mrs. Pickett offered the following Resolution: (n13404) A RESOLUTION providing for the sale, execution, form, advertise- ment of sale, d~llvery and tax levy to pay $2,400,000 of the $0,000,000 of bonds authorized at an election held on.the llth day of March, 1950. to defray the cost of needed permanent public improvements, to-nit: acquisition of sites for, construe tiao of, completion of, additions to and improvements in public school buildings. (For full text of Resolution, see Resolution Dank No. 23, Page 9.) · Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Webber. Wheeler, and the President, Mr. Young ................ 6, NAYS: None .................O. (Mr..West absent) MOTIONS AND MISCELLANEOUS BUSINESS: SOLICITATIONS: The City Clerk reported the qualification of Messrs. A. S. Rachal, Jr.. Frederic E. Bishop, Broaddus E. Cbewning, Edward C. Moomaw and Frank J. Sherertz as members of the Advisory Commission on Public Solicitation. The report was ordered filed. STREETS AND ALLEYS: The Mayor stated that, in consultation with the City Manager and the Director of Public Works, be has been advised that the street resurfacing program of the city for this year, as previously authorized, is nearing completion, and that both offices have advised him that additional funds should be appropriated to provide for streets badly damaged during the winter, recommendinO that $35,000.00 be allocated for this purpole. The City Manager advised that Virginia Asphalt Paving Company, Incorporated, has agreed to an extension of its contract. Mr. Webber moved to direct the City Attorney to prepare a Resolution extend- ing the contract between the City of Roanoke and Virginia Asphalt Paving Companyi Incorporated. for street paving in the city. by $32.000.00, at the unit prices contained therein. The'motion was seconded by Mr. Dillard and adopted. COUNCIL: Mr. Dillard moved to invite Councilmen elect Willis M..Anderson and Dr. Charles M. Cornel1 to sit with Council during its meetings between now and the time they take office. The motion was seconded by Mrs. Pickett and-adopted. There being no further business, Council adjourned. APPROVED 62 COUNCIL. REGULAR HE~TING. gonday, June 30, 1958, The Council or the City of Roanoke met in regular meeting in the Council Chamber in the guniclpal fluilding, Monday, June 30, 1959, at 2:00 otcloch. the regular meeting hour, with the President, gro Yonng, presiding. PR£S£NTt Council members Decker, Dillard, Pickett, Webber, West. gheeler, and the President, gr. Young ........... 7. ARSENT: None .................. O. OFFICERS PRESENT; Hr. Arthur S. Owens. City Manager, Mr. Randolph Hhittle. City Attorney. Ur. Harry R. Yates. City Auditor. and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend William L. Corder, Pastor. Enon Baptist Church. MINUY~5: Copy of the njnutes of the regular meeting held on Monday, June 15. 1950, having been furnished each member of Council, upon motion of Mr. ~heeler, seconded by Mr. Decker and adopted, the readin~ was dispensed with and the minutes approved as recorded. II£ARING OF CITIZEN5 UPON PUBLIC gATTERS~ STREETS AND ALLEYS: Council at its meeting of May 26, 1950, having set a public hearing for 2:00 o'clock, p. m., June 30. 195~, in the Council Chamber, on the request of Nancy 5helor Brooks, et al** that Mtnston Avenue, 5. ~., between Twenty-second Street and the line extended between Lots 5 and 6. Block 10, Colonial lleights, and Twenty-third Street, S. H.. extending from Lynn Avenue southward to the Norfolk and ~estern Railway Company*s right of way, be vacated, discontinued and closed, and notice of said hearing having been published in The Roanoke ~orldo News on June 13, 1950. and the City Planning Commission having previously recommend- ed that the request be granted, and the Board of ¥1e~ers, appointed by Resolution No. 13353, havin9 reported, advising that in its opinion no inconvenience would result either to any individual or to the public from granting the said request, the hearing was held at which no one appeared in opposition. gr. John D. Copenhaver. Attorney representing the petitioners, appeared and requested that Council grant the request of his clients. ~rs. Pickett moved to concur in the request and that the following Ordinance, be placed'upon its first reading: (~13405) AN ORDI~ANC£ vacating, discontinuing and closing certain mapped, but undeveloped, streets, to-wit: that portion of ~inston Avenue, S. W.; lying between Block 11, and Lots 1 through O. inclusive, Block 15, accordin9 to the Map of Colonial Ileights. extending from the intersection of said ~lnston Avenue with 22nd Street and 23rd Street, 5. ~.. and lying between the property of the Belts of Barry G. ghjtlow; that portion of ~ard Street, 5. ~., between Blocks 11, 1~ and !0, according to the Map of Colonial Reights, extending from the intersection of 23rd Street with Lynn Avenue and the right of way of the Norfolk and ~estern Railway Company; and that portion of ~lnstofl Avenue, 5. W., bounded by Lots Block 10. according to the aap of Colonial Ileights, and the right of way of the Norfolk and Uestern Railway Company. and extending from the boundary line of Lots 5 and 6, Block I0, extended, to the intersection of ~Jnston Avenue and 23rd Street,' S. ¥., and lying betueen the property of the petitioners and the Norfolk and Wester~ Railway Company. WRERF. tS. Nancy Shelor Brooks, Emily K. Whitlow Gearhart and Harry G. Wbitlov Jr., have. heretofore filed their petition before the Council of the City of Roanoke in accordance with Section 15-766 of the Code of Virginia of 1950, as amended, in which said petition, the petitioners aforesaid requested Council to permanently vacate, discontinue and ~lose the above described streets, of the illin9 of which said petition due notice was given to the public as required by law; and WliEREAS, the said application was on April 14, lq~8, referred by Council to the City Planning Commission, which StUdied the matter, and upon consideration of the. fact that said streets have never been opened, Was of the opinion that there was no public necessity for lt, and was further of the opinion that the rights and prlvJleRes oftbe adjoining property owners will not be destroyed by closing said streets; and WBERE.IS, it appears from the report in writing filed by said viewers in this proceeding, filed with the City Clerk and duly sworn to, on the 2Oth day of April, 1958, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing said streets; and ~BEREAS. the Council of the City of Roanoke. Virginia. did on the ~Oth day of June. IqSO. at 2:00 o~clock, p. n.. in the Council Chamber. after due publlcatlo as required by law, hold a public hearing on the request of the Beirs of Ilarry G. Whitlow for the closing of the streets set forth; ~hich action of Council was taken by a ~ajority of Counctl*s entire membership: and ~BEREAS. it.further appears to Council that the said petitioners ha~e agreed to bear and defray the costs and expenses incident to this proceeding. TIIEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certai: napped, but undeveloped, streets+ designated as folio,s; that portion of ~inston Avenue. S. ~.. lying between Block Il. and Lots I through B. inclusive. Olock 16. according to the ~ap of Colonial lleights, extending from the intersection of said ~inston Avenue with 22nd Street and Rard Street. $. ~.; that portion of 23rd Street, S. W., between Blocks 11, 16 and 10, according to the Bop of Colonial lleights, extending fro~ the intersection of 23rd Street with Lynn Avenue, and the right of way of the Norfolk and Uestern Railway Company; and that portion of I~inston Avenue S. Ii.. bounded by Lots 6. 7 and 8. Block 10. according to the ~ap of Colonial Ileights, and the right of. way of the Norfolk and ~estern Railway Company, and extending from the boundary line of Lots S and 6, Block 10, extended, to the inter- section of Winston Avenue and 23rd Street, S. Wo,.and lying between the property of the petitioners and the Norfolk and ~estern Railway Company, be, and the sane are ;hereby pernanently vacated.:discontinued and closed, and. that all right, title and interest of the City of Roanoke and the public in and to said streets described herein is hereby released insofar as Cbuncil is empowered so to do. the City of Roanoke, however, reserving unto itself, a public.easement in the said streets for any existing sewer lines, water lines, drains or other public inprovements and the right of ingress and egress for the naintenance and repair of any such lines or improvements. '63 DE IT FURTIIER ORDAINED that the City Engineer be, and he is hereby directed to mark *Permanently Vacated, Discontinued and Closeds on all maps and plats la the office of the City Engineer of the City of Roanoke on ~bJch said nnps end plats said streets are shonn, the said napped, but undeveloped, streets, referring to the book and page number of the Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. DE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Ilustings Court of the City of Roanoke, Virginia, an attested copy of this Ordinance. in order that said Clerk of the Iiustings Court may make proper notation on all maps or plats recorded in his said office upon ~hicb are show~ the said streets herein permanently vacated, discontinued and closed, as provided by law. The notion was seconded by Hr. ~heeler and adopted by the following vote~ AYES: Council members Oecker. Dillard, Pickett. Hebber. ~est, ~heeler, and the President, Hr. Young ........ 7. NAYS: None ................. O. PETITIONS AND COR~UNICAT1ONS: SCIIOOLS-PARKS A~D PLAYGROUNDS: The City Clerk presented a communication from the Roanoke City School Board. requesting permission to include In the school would provide increases for non-degree teachers fro~ $250.OO to $284.00 per month as a minimum and from $377.50 to $420.00 as the maximum; for teachers with bachelor* degrees from $300.00 to $350.00 per month as a minimum and from $435,00 to $490.00 prlation requirenents for the year 1959 being $440,475.00. Mr. J, P. Crulckshank. Chairman of the Roanoke City School Board. appeared and advised Council that the new salary schedule would raise Roanoke from twenty- fifth to eighth place among political subdivisions in the Commonwealth in teacher salary position and reduce the number of years required for obtaining maximum salary for teachers from eighteen to seventeen ynars. Mr. Dillard moved to concur In the request and offered the foilomlng (s13406) AN OROINAECE to amend and reordaln Section si20. *Schools*. of the 1950 Appropriation Ordinance. and providing for an emergency. DIIEREAS, for the usual daily operation of the Municipal Governnent of the City of Roanoke. an emergency is declared to exist. (For full text of Ordinance. see Ordinance Book No. 23. Page 17.} Dr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett. llebber, tfest. ~heeler. and the President, Mr. Young ........ 7, NAYS: None ................. O. STATE IIIGII~A¥S: The City Clerk presented a communication fro~ the Roanoke Chamber of Co~=eree. requesting that Council adopt a Resolution supporting the location of the cast-,est crossing of the InterState lllgh~ay Syste~ along the route generally paralleling lie S. 460 and U. S. 220. which would bring the highway closer to Roanoke and place it approximately equidistant between a similar east-~est crossing to the north and to the south of the city. · Appearing in support of the request were [lessrs. Ag S. Rachel. Jr.. Uosby G. Perro~, Gordon ~illis, Fred ~. Mc~ayne and BehaVer Earl A. Fitzpatrick. Ur. ~ebber moved to concur in the request and offered the following (g13407i a RESOLI~IO~ supporting the location of the east-~est crossing of the Interstate lligh,ay System. known as Route 64. along a route generally p~rallel- lng U. S. 460 and U. S. 220. (For full text of Resolution, see Resolution Book ~o, 23, Page 17.) Dr. ~ebber moved the adoption of the Resolution. The notion was seconded by ~r. Decker and adopted by the following vote: AYES~ Council members Decker, Dillard, Pickett, Hebber, ~est, ~{heeler, and the President, ~r. ¥oun~ ........ 7. NAYS: None ................. O. ~UNICIPAL AUDXTORIUR: The City Clerk presented a communication from The Roanoke Booster Club, transmitting a Resolution of that organization in support of the erection of a municipal auditorium for the city. The communication was. ordered filed. STADIU{I: The City Clerk presented a communication from the Roanoke Sports Club, requesting that the rental for its wrestling matches at Victory Stadium be reduced from the rate of $?5.00 or 10~ of the gross as set by the City Reneger under the provisions of Title VIII, Chapter 4, Section 5. of The Code of the City of Roanoke, 1956. to S~ of the gross with a $50.00 minimum. Mr. ~heeler moved to refer the request to the Stadium Advisory Com~ittee fo its study and recommendation. The motion was seconded by ~r. Dillard and adopted. ~0~I~G: The City Clerk presented · petition from property, e~aer, in the Strntford Court area, requestie9 that Lots 3 end 4, Section 10. Stratford Court ~ap, locnted on the east side of ~oin Street. S. M., between Windsor Avenue nnd Walton Avenue, be rezoned from Duslness District to General Residence District, and obJectin9 to the placing of a filling station on said property. Ur, Raymond P. Barnes. Attorney for the petitioners, appeared before Counci and adrised that the owner of the property, who is not a petitioner in the cause, is presently negotiating with an oil company for the use of his property os a site /or a /illlng ~tation, to whieb use the p~tltioners object, and that his clients feel that Council should concur in their request in order to protect the neighbor* (! )rooress belno made on the Interstate Ilighway System in the vicinity of Roanoke and the proposed relocation of Route 460 at ihs Intersection mlth Route 11 and considering the plans being developed for the spur fvo~ the Interstate System into the city. he believes It is Imperntlve that the resurvey originally requested be uuthorlzed and recommended that Council adopt a Resolution providing for such a resurvey by city forces ~orklng at other than during regular hours, at an estimated cost of $3,000.00, one-half of which would be reimbursed by the Eorfolk and Mestern Railway Company. Mr. Nebber moved to concur in the reconnendation of the City Manager nnd offered the following Resolution: (s13400) A RE$OLIITION authorizing an engineering restudy of the downtown area In the vicinity of Tazewell Avenue. S. E.. to obtain inforflatfon with respect to the possible elimination of the Tazewell Avenue orade crossing In connection with a proposed relocation of U. S. Route 220. between Ilunter Hemorial Bridge and Franklin Road Bridge. (For full text of Resolution. see Resolution Book No. 23. Page Mr. gebber ~oved the adoption of the Resolution. The motion was seconded by gr. Dillard and adopted by the follod ng votel AYES: Council members Decker, Dillard, Pickett. llebber. West, ~heeler. and the ~resident. Mr. Youn9 ........ Mr. Hheeler then offered the folloulng emergency Ordinance providing funds for the resurvey: (s13409) AN ORDInAnCE to a~end and reordain Section ~0, 'Engineering Services', of the:l~5O Appropriation Ordinance. nnd providing for an e~ergenCyo (For full text of Ordinance, see Ordinance Rook ~oo 2~, Page Mr, Hheeler noved the adoption of the Ordinance, The.motion was seconded by. Dr. Decker and adopted by the following vote: AYES: Council ne~bers Decker. Dillard, Pickett, ~ebber. ~est, ~heeler. and the President, Mr. Young ........ NAYS: Eone .................O. BUDGET-SE~ERS-STREETS ABD ALLEYS: The City ~anager reported that, in connection with the construction of the East Gate 5e~er Project, the contractor, Pioneer Construction Company. Incorporated, has the responsibility of restoring the pavement in connection with its operations, the amount for. such restorations contained in the contract being $2.033.50. that the streets in the area are rough and in need of repair ~ith the roadway width of only fifteen feet, and that the contractor has agreed to resurface the said streets completely to a width of eighteen feet for an additinnal$3,96~.SO, which he recommends be acco~pllshed. Hr. Wheeler moved to concur in the recommendation of the City Damager and to direct the City Attorney to prepare a Resolution amending the contract between the City of Hoanoke and Pioneer Construction Company, Incorporated, to carry Out the City Ranager*s recommendation. The motion was seconded by tlr. Decker and adopted. '67 '.68 BUDCET*JUVENILI~ A~D DOMESTIC RELATIONS COURTt CounCil at. its meetings of May $. 1959o and June 7. 1950o having referred to the City Manager certain matters In connection with the Jurenlle and Domestic Relations Court and the Jurenile Detention alone for study and recommendation, the City Manager submitted bis report, recommending: (1) that the position of Chief Probation Officer of the Jurenile Court be reclassified from Grade ? to Grade6 in the Wag~ acd Salary Plan based upon a revised Job description paralleling State requirements: (2} that the Juvenile Detention Dome be separated from the Juvenile Court and placed under the supervision of the Department of Public Melfarel the City Manager advising that. in order to accomplish the separation of the Court:and the Detention Ho~e. it wonld he necessary to find new quarters for the Court. mhich he will further investigate and submit additional recommendations.on, in the future, and estimating that it would cost approximately $5.60D.00 to make the necessary repairs to the Detectioc itome afte~ tbe removal of the Court. the City Manager stating that there Mould be ~n additional cost in providing quarters for the Juvenile Court and advising that he does not believe there ,auld be any additional cost entailed in the operation of the Juvenile Detention IIome by reason of its transfer tn the Department of public tlelfare. to direct the City Attorney to prepare the necessary Ordinances providing therefor. The motion was seconded by }Ir. Decker and adopted. DUDGET-I~ATER DEPARTMENT: The City Ilanager reported that pursuant to authority of Council at its meeting of ~ay 5. 1958. bids have been:received by the Purchasing Agent for the purchase of a tractor-loader for the ~ater Department from Southern Machinery and Supply Company. in the amount of $9,6fl4.O0; Rish Equipment Company. in-the amount of $9.944.02; ~clihany £quip~ent Co~pany. Incorporated. in the a~oont of $10.307.q0; Shelton-~itt Equipment Corporation. in the a~ount Of $10.57~.75; Capital Equipment Company. Incorporated. in the amount of $11.265.00; Daker Druthers. Incorporated. Jn the amount of $g.594o00~ but that the:low hid of Daker Druthers. Incorporated. does not neet the specifications, that the equipment on which the second 1o~ bid of Southern Dachicery and Supply Company is based has facilities are available in the state, the City Manager therefore recommendin9 that the bid of Rish Equipment Company be accepted for this equipment. ~r. Cordon C. St Clair of the Southern Machinery and Supply Company. the low bidder meeting specifications, appeared before Council. stating that his comportI is fully prepared to furnish maintenance on the equipment it sells as it has in t~ past. and presented a representative of the Pettibone-Hulliken Company. manufacturer of the equipment upon which he had bid. the representative stating that equipment distributors for his co=pany are required to maintain an adequate supply, of repair items to k~ep machinery sold by them in operation. ~r. Decker moved to direct the City Attorney to prepare a Resolution accepting the bid.of Southern Machinery and Supply Company for a f~ont end loader at a net cost of $9,684.OO. The notion was seconded by ~r. Dillard and adopted, ~r. ~ebber voting no. DUDG£?opARKS Arid PLAYGROUN~S~ The City gacager preaented recommendations from the Director of Parks and Recreation that a play area be. established on ~roperty recently acqnlred on Rlverland Road,.S, £,, at a cost of $1,2S0,00, and that a park house and toilets be erected in Thrasher Park at a cost of approxlnatel $3,000,00, and further that an old residence located in Thrasher Park be deoolished since it is beyond uae and repair, the City Manager advising that, if Uouncil concur it will be necessary to appropriate the necessary funds ~hich are ua included in the 19S§ budget, ~ro Decker moved to refer the matter bach to the City Manager for possible inclusion in the 19S9 budget. The motion was seconded by Mr. Yheeler and adopted, OUDGKToDEPARTU£NT OF PUBLIC WELFAR£~ The City Manager reported that the Virginia Department of Nelfare and Institutions has approved an increase in the per dies cost of hospitalization from $17,60 to $10,50 effective July 1, 1950, except for Rurrell Memorial Bospital, and.that the 1950 budget provides for the payment of $17,60 per day for indigent hospitalization to all the hospitals in.the city including Burrell Memorial, the City Manager recommending that Council take the necessary action to raise the per diem rate for all hospitals including Burrell Memorial to $1§,50 per day. · Mr, ~heeler moved to concur in the recommendation of the City Manager and offered the follo~in9 ezergency Ordinance: (Ul3410} AN ORDINANCE to a~end and reordain Section #50, #Rospitalization#. of t~e 1950 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 23, Page Mr, Mheeler ~oved the adoption of the Ordinance, The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, ~ebber, ~est, ~heeler, and the President, Mr. Youn9 ........ NAYS: None .................. O. MATER DEPARTMENT: The City ~anager reported that Mr, Joseph G, Karlet has made application to the t~ater Department for.the installation of a two.inch water main to serve his home located in Sunnybrook, Section No,.R, which ~pplication is contrary to the provisions of Rule 30 (c) of the Starer Department"s rules and regulations as adopted by Council, the said rules ~nd re0ulations requiring main extensions in such instances to be no less.than six inches in diameter to provide for adequate fire protection, the City Ranager advising however that the area has adequate'fire protection and that there is no need for the construction of a main larger than t~o inches to serve Mr. Karlet's property, the City Manager therefore recommending that Council grant the request. Mr, Dillard moved to concur in the recommendation of the City Manoger and offered the follo~ing Resolution: (~13411} A RESOLUTION relating to the extension of a water main in the ~esternmost portion of Crestland Drive in Section No, 2 of Sunnybrook Subdivision, In Roanoke County. (For full.text of Resolution, see Resolution Rook Bo, 23, Page 20.) Mr, Dillard moved the adoption of the Resolution, The notion was seconded by ~r. ~ebber and adopted by the following vote: AYES: Council members Decker, Dlllurd~ Pickett, Webber, West, Mheelero and the President, WY. Young ........ 7. ~ArSf ~one ............. ~--~0. DUDGET-IIEALTII DEPARTMENT: The City Manager reported that the supply of Sulk Vaccine at the Ilealth Department is exhausted and :hut the Acting Commlssloeer of Dealth has requested an appropriation of $3.550.00 for the purchase of additiofln] Sulk Vaccine for use in the polio eradication program, in which he concurs. Mr. Wheeler aoved to concur in the request and offered the following emergency Ordinunce: (z13412) AN ORDINANCE to amend and reordajn Section x40. *llealth Department" of the lqSO Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 23, Page 21.) Mr. ltheeler ~oved the adoption of the. Ordinance. The motion was seconded by tlr. Dillard and adopted by the following vote: AYES~ Council members Decker. Dillard, Pickett. Nebber, Mest, ~heeler, and the President, tlr. Young ........ 7. NAYS; None ................. O. DUDGET-II£ALTI! DEPARYUENT: The City ~lanager submitted a recommendation that the salary of the Co=missioner of Ilealtb be raised from $8.000.00 to $10.000.00 per annu~. Mr. Mebber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinanie: (=13413) A~ ORDINANCE to a~end and reordaifl Section wdO, *Dealtb Department# of the 1958 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23, Page 21.) Ur. llebber moved the adoption of the Ordinance. The motion sas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Dillard, Pickett. ~ebber, l~est~ Wheeler6 and the President, Ur. Young ................. 6. NAYS: Ur. Decker ............1. At this point, Mr..~est asked to be excused and left the meeting. BUDGET-DEPARTMENT OF PUBLIC MELFARE: The City Manager submitted a request of Ur. Claude ~. Dickerson, contract pharmacist in the Department of Public ~elfare, for an increase from $2.400.00 to $3,300.00 per year. the City Manager statiu9 that in his opinion some adjustment should be made in this contract but feels that an increase tO $2,700.00 should be sufficient, Ur. Mheeler moved to refer the matter bank to the City Manager for con- sultation ~ith Mr. Dlckerson to determine ~hether $2,700.00 per annum would be agreeable. The ~otion was seconded by Mr. Decker and adopted. Mr. Dillard voting BRIDGES: The City Manager reported that plans and specifications for the proposed Liberty Road - Mundy Road Underpass ~ill be completed ~ithin the next few days and that, according to an estimate of the ~orfolk and gem:era Railway Company, the cost for constructing the Underpass will approximate $140,O00.OO which with cost an. additional $90,000.00, Mill make a total estimated cost of $230,000,00 for the overall prbJect of which the Norfolk and Mestern Railway Conapny will pay one- half the cost of the Underpass proper, and further that included in the 1958 budget is an item of $§O,O00,00 toward this project, the City Rannger stating that he believes that due to econooic conditions favorable bids night be recelred by asking for bids for the entire project at this time and requesting that he be authorized to advertise for such bids covering the entire project, Hr, Wheeler. moved to authorize the Clty.~anager to advertise for bids for the construction of the Liberty Road - ~undy Road Underpass as a complete project to be divided however into two parts so that separate accounting can be maintained for the portion of the work in Mhich the.~orfolk and Mestern Railway Company will participate, The motion was seconded by RF, Dillard and adopted, REPORTS OF CORRITTEES~ AIRpORT=PARKS A~D PLaYGROUnDS: Council at its meeting of June 16, 1950. $, Owens and Rarry R. ¥ates for study and recommendation, the request of Dr, Justin Plum=er. et al...that Council lease to the~ certain land owned by the city at the directed the City Attorney to advise whether or not it could legally lease the la~ as requested, the committee submitted its report, advising that in view of develop- neats pending at the airport it recommends against leasing or disposing of any of the request. Mr. Webber ~oved to concur in the recommendation of the committee and to ~ithdra~ the request to the City Attorney for an opinion. The notion ~as seconded by Mr. Nheeler and adopted. AIRPORT: Council at its ~eeting of April 21, 1950, having referred to a committee composed of ~essrs. Roy L. Hebher, Chairnan, Ilarry R. Yates and Arthur 5. Owens for study and recommendation a Resolution of the Chamber of Commerce, request lng that the City of Roanoke update and revise Its.~aster plan for the development of the Roanoke Municipal Airport, the committee submitted its report, reconmendlng 1960 as follo~s: 1. Project 1950--$150,000.00 for: i~proved aprons, $30,000.00; excavation of 000,000 cu. ft. dirt, $00,000.00; drainaoe, $~3,000.00: utilities removed and replaced, $7,000.00; administration. $2,Q00.00; engineering. $3,000.00; contingencies, $5,000°00. 2. Project 1050 a~ 1959--Completion of necessary grading and l~provement and replacing of apron. 5. Project 1959 and 19bO--Beglnnin~ of the paving program for the northeast-southwest runway, 4. Project 196o and lqbl--Second section of the pavin~ of the extended runway. 5. ProJect 1961 to lq62--lnstallation of high intensity light- ing system and instrumentlandi~ plan with the possibility of including in this project overlap from Numbers 3 and 4 or apron improvements. 6. ProJect 1962 and 1963--The reinforcing and replacing, where necessary, of any and all necessities to the existing runways and aprons. · In this connection the City Clerk presented a communication from the Roanoke Chamber of Commerce endorsing the recommendations of Councll*s Airport Committee. Hr. ~ebber moved to concur in the report of the connlttee and to direct the City Attorney to prepare n Resolntion establishing the tentative work program. The motion was seconded by Hr. ~heeler and adopted, AIRPORT~ Council at Its meeting of Hay $, 1950. having referred to a committee composed of ~essrs. Roy L. ~ebber. Chairnan. Arthur S. OHens and Ratty Yates for study and recommendation offers of Mr. Floyd Cox and Mr. M. Clayton Lemon to convey to the City of Doanoke their properties adjacent to the Roanoke ~unicipal Airport at prices of $9.432.30 and $40.152.00. respectively, the committee submitte~ its report advising that. ~hile there night be future need for both the. properties in connection with the airport, it could not Justify purchase of the property at this tide.and recommending that the offers be. rejected. Hr. Wheeler moved to concur in the report of the connittee. The motion Has seconded by Ur. Decker and adopted. AIRPORT: The Airport Committee, composed of Ilessrs. Roy L. ~ebber. Chair~ar Arthu~ S. OHens and llarry R. Yates, reported that, subsequent to acceptance of the proposal of Garrett, Moon and Pool, Incorporated, for construction of the ne~ apron at thc airport, the city has been advised by the Civil Aeronautics Administration of its unwillingness to concur in the a~ard of the contract unless other sections of th~ apron which need to be repaired are included, the committee receivin9 from Garrett. Noon and pool. Incorporated, an agreement to the extension of its contract to cover the entire southeast section of the =pron, such an extension to.be based on the unit prices contained in its proposal, at an increase of $21og59.41, the committee therefore reco~nending that the contract between the City and Garrett, Hoon and Pool, Incorporated, be extended to cover the proposed additional ~ork naklng the total contract $54,094.80. Hr. llheeler moved to concur in the recommendation of the committee and offered the folloHlng Resolution: (n13414) A RESOLUTION increasing the grading and paring, at ~oodrum Field, conditionally provided for in Resolution No. 13398 to be perforned by 8arrett, Moon ~ Pool, Inc. (For full text of Resolution, see Resolution Rook No. 23. Page 'Mr. Wheeler moved the adoption of th; Re~olution. The motion Has seconded by Ar. Decker and adopte~ b~ the following vote: AYES: Council members Oecker,.Olllard, Pickett, ~ebber, Wheeler, and the President. Ilr. Young ................ NAYS: None .................O. (~. Mest absent} AIRPORT: The Airport ComMittee. composed of ~essrs. Roy L~ ~ebber, Chair~a Arthur S. Owens and llarry R. Yates, reported that subsequent to the awarding of contract for relocation of State llighway 118 through and in the vicinity of the Roanoke Hunicipal Airport by Council at its meeting of June 16, 1958, the city has been advised by thc Civil Aeronautics Administration that in its opinion the plans and specifications for the relocation of the highHay will result in a much better road than that presently existing and, a~cordlngly, that the said Administration is unuilling to shave the cost equally ulth the city, but is nevertheless willing to pay 37.S~ of the cost thereof, the committee reconmendlng that Council adopt a Resolution providing for the city to pay 62,$~ of the cost and the Civil Aeronautics Administration to pay 37.5~ of the cost of relocation of State Righuay lift. · Mr. ~ebber moved to concur in the recommendation of the committee and offered the following Resolution= (~13415) A RESOLUTION agreeing to pay 62.5~ of the cost of the relocation of State llighway ~o. IlO through, and in the vicinity of. Roanoke Municipal Airport in accordance with the specifications therefor designated as Project No. (For full text of Resolution. see Resolution Rook No. 23. Page 25.) Mr. tlebber moved the adoption of the Resolution. The notion was seconded by Mr. ~heeler and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett. Nebber. ~heeler. and the EAYS~ ~one .................O. (Or. llest absent} AIRPORT: The Airport Committee. composed of ~essrs. Roy L. t(ebber, Chairman' Oarry R. Yates and Arthur S. O~ens. submitted a report advising that. consistent ~lth the established plan for the development of the Roanoke Uunicipal Airport. it to thc Civil Aeronautics Administration for the 1950 = 1959 Federal fiscal year for the following inprovements esttnated to cost $15oo000.O0: Replacenent of and inprove~ents to aprons .... $30,000.00 Excavation of 300,000 cu. yds. dirt .......... 00,O00.00 Drainage ..................................... 23,000.00 Utilities tenured and replaced ............... 7,OOO.00 Administration ............................... 2,000.00 Engineering .................................. 3,000.00 Contingencies ................................ 5,000.00 Or. Ilheeler noved to concur in the report of the committee and to direct the City Attorney to prepare an Ordinance authorizing tile City ~anager to enter into a Grant Agreement ~lth the Civil Aeronautics Administration as reco~aended by the com=lttee. The ~otlon was seconded by ~r. Ilebber and adopted, UNFIr4ISIIED BUSINESS: SEGREGATION~ Council at its ~eeting of. Ju 16, 1958, having tabled until its next regular meeting, a Resolution of the Roanoke Ministers* Conference advocating the appointment of a bi-racial commission, the =attar ~as again before the body. Mr. I~ebber norad that the following letter be sent to the Roanoke Ministers Conference as Council*s reply to their Resolution: "Reverend ~illian A. Parker. Jr., Corresponding Secretary, · · Roanoke Ministers* Conference, Salem, Virginia. Dear Sir: The Council of the City of Roanoke had under consideration, at its regular neetin~ of June 3Oth. your conference's Resolution, of Oay 19th, requesting it "to set up a bi- racial group as suggested by the Roanoke Tines to promote connunications and understanding between the races'. As a result I ~as directed to sign and mail you this letter, which previously was read to and approved by Council, ¸7.3 Council is an elective body and, accordingly, represents oil' groups and segments of the Cltyts population, Its function is essentially legislative, It seldom, if Indeed it ever. directs that u study be node of any question unless there is a likelihood it will be expected, or called upon. to consider enacting legislation on the subject. No legislation of u racial nature is pending, or. is expected to cone, before Council; hence, there seems to be un reason to appoint such a committee at this tine. Please understand that the absence of such u co=mlttec is no indication of a lack of interest, on Counciles part. in main- taining con=unications between the races. On the contrary. the fact thut representatives of both races are uniformly and Jndiscri=inatel~ accorded hearings before Cou~ll bespeaks a continuing interest, on its part, to maintain close conmunio cations with both. Yer~ truly yours. City Cloth.d The motion ~as seconded by Hr. Dillard and adopted, Dayor Young voting no. PURCBASE OF PROPERTYoPARKS AND pLAYGROUNDS-STREETS AND ALLEYS: Council at its =coting of June 16, 1958, having laid over until its next regular.meeting the recommendation of the City ~anager that Council authorize the purchase of certain property fred Ellen ~lae Carter, et al., in connection with the extension of ~lley Drive, for $4,950.00, the matter was again before the body. Dr. llebber moved to table the matter until the next regular meeting of Council. The notion ~as seconded by :Ir. Decker and adopted. CONSIDERATION OF CLAI~5I INTROBUCTIO~ AND COI{SIDERATION OF OBDINA~ ES AND RESOLUTIONS: STREETS A~;D ALLEYS: Ordinance No. 13387, authorizing that Oakland Bouleva~ extending fro= th .... t~;;i~'il~e.of t~e.~a~ef Sc.ion 1.~le-lng Oaks. to llershberger Road, be vacated, disconttnued.andclosed, having previously been before Council for its first.reading, read and.laid over, was again before the body, tlr. Decker offering the following for its second reading and final adoption: (~1330T) AN ORDINANCE enacted pursuant to the provisions of Section 15-?~6 of thc Code of Virginia (1950) as aaended to date, providing for vacating, dtscontt~ 16 l/R feet in width, situated in the City of Roanoke, State of Virginia, and here- inafter more particularly described. (For full text of Ordinance, sec Ordinance Book No. 23, Page 12.) by Ilrs. Pickett and adopted by the following vote: . . AYES: Council numbers Decker, Dillard, Pickett, $~ebber, ~heeler~ and the President, ~Ir. Young ................ NAYS: Bone .................O. ([ir. Dost absent) BUILDIEG CODE: Ordinance No. 13389 to aaend and reordain subsection 104.3. Notice of Unsafe Buildings or Structures, subsection 104.~. Disregard of Unsafe ~otice, and subsection lOd.5. Emergency ~orh, of Section 104, ~Unsafe 8uildinBs and Structures," of the Building Code heretofore adopted by Sec. 1, Chapter 1, of Title IV of The Cede of the City of Roanoke, 1956, relating to construction, alter- ation and use of land, buildings, and other structures, having previously been before Council for its first reading, read and laid over, was again before the body ~r. Decker offering the following for its second reading and final adoption: ('13389) AN ORDINANCE to aueud and reordain subsection IO4o3. Notice of Unsafe Dulldlngs or Structures, subsection 104.4. Disregard of Unsafe Notice. and subsection 104.5. Emergency Work. of S£CTION 104o UNSAFE BUILOI~GS ~O STRUCTURES, of the Building Code heretofore adopted by Sec. 1. Chapter I. of Title IV of The Code of the City of Roanoke. 1956. relating to construction, alteration and use of land. buildings and other structures. (For full text of Ordinance. see Ordinance Book ~o. 23. Usge 14.) ~r. Decker n,red the adoption of the Ordinance. The u, tiaa uss seconded by',rs. Pickett and adopted by the follouing vote: AYESt Council members Decker. Pickett. ~ebber. tdheelero and the President ~r. Young ........................... NAYS= tlr. Dillard .......... !. (lit. l~est absent) PURCBASE OF PROPERTY-GARBAGE REHOVAL: Ordinance No. 1~401, providing for the purchase of three lots from the Estate of Charles L. Tinsley. having prcviouslI been before Council for its first reading, read and laid over, was again before the body, Mr. Decker offering the followin9 for its second reading and final adoption: (#13401) A~ ORDINANCE authorizin~ the acceptance of the offer of the Estate of Charles L. Tinsley to sell the City certain real estate: and authorizing and directing the proper City Officials to do the necessary in the premises. (For full text of Ordinance. see Ordinance Book ~o. Mr. Decker moved the adoption of the Ordinance. The notion ~as seconded by ~r. Mheeler and adopted by the followin~ vote: AYES: Council members Decker, Dillard. Pickett. Uebber, Rheeler, and the President. Hr. Young ................ NAYS: None .................O. (~r. I~est absent) PARKS AND PLAYGROUNDS-JUNIOR CIIAMBER OF COMMERCE: Council at its ~eeting of June 2, 195B. havin9 directed the City Attorney to re~rite a proposed Ordinance amendinq Ordinance No. 124B0, in connection illth the ~iniature train in the Children's Zoo area on top of Mill Mountain. Mrs. Pickett =DYed that the folloaing Ordinance be placed upon its first reading: (~1341~} AN ORDINANCE to a=end and reordain Ordinance No. 12400, adopted by this Council on the 6th day of September. 1955, entitled. *AN ORDINANCE to amend and reordain Ordinance No. 11526, adopted by this Council on the llth day of August. 19~ entitled, *AN ORDINANCE authorizing the Roanoke Junior Chamber of Commerce to instal and operate a miniature train in the Children*s Zoo area on ~ill I~ountain upon cer- tain terms and conditions.*# IglIEREAS. aoreeable to the provisions of Ordinance No. 12400, adopted by this Council on the 6th day of September, 1955o the Roanoke Junior Chamber of Commerce has installed and operated a miniature train in the Childron*s Zoo area on Mill Mountain; and ~IIEREAS. paragraph No. 2 of the aforesaid ordinance limited the original actual cost that the said Roanoke Junior Chamber of Commerce could incur for the train and for the installation Of the track and tunnel to a sum not to exceed $17,O00. DOt and UIIEREAS. the said Roanoke Junior Chamber of Eonnerce has, by letter addressi to the Clerk of this Council under date of May 20, 195~. informed this Council that it had invested slightly ~ore than the $17,O00.00 above-mentioned and requested thai the aforesaid ordinance be amended so that it might make and recover additional capital expenditures in the amount of $3,000.OO1 and ~II£R£ASo tbls Council is agreeable to granting such request; provided, the said Roanoke Su~ior Chamber of Commerce agrees to assume the loss of and to forfeft any and all claims to all capital 'e~pendltures made by it and not recovered from net income prior to the 31st day of D~cember, 1960. ' ' TII£REFORK. BE IT ORDAX~ED bi the Council of the City of Roanoke that Ordi- nance Co. 12400, adopted on the 6th day of September. 1955, be. and the same Is here by, amended and reordalned so as to read as f~llous: '!. That the ~oanoke Junior Chamber of Commerce be, and it Is hereby, authorized to install and op'erate a miniature train in the Children's Zoo area on ~111 Mountain on a precise location to he approved by the City Manager, and upon the terns and conditions hereinafter set forth. 2. That the said Roanoke Junior Chamber of Commerce is hereby authorized to make and collect reasonable charoes 'from those electing to rld~ upon said minia= tare train and retain a'll of the net income so received, deternined after the deduco tJon of all necessary expenses incurred in the operation of the project, until such tine as the actual cost of the train and of the installation of the track, tunnel accoszories, not to exceed $20,000.00, shaiJ have been so earned and refunded to it; or until the 31st day of December. 19~0, is attained, whichever shall happen first. day of Dore:bet. 1960, is attained, ~hichever shall happen first~ the future net approved by the City ~anager, shall, for a period of four years, be divided on the basis of ~0~ of said net income to the Roanok~ Junior Chamber of Conaerce and tile protective insurance in connection ~th the project as may be prescribed by the Clt ,! ! 6. That if, after a fair trial, the operation of the project should prove to be unprofitable on Bill ~ountain the Roanoke Junior Chamber of Commerce shall, at its discretion, and expense, have the option to cause the train, track and oil appurtenances thereto to he moved to and operated in such other City park ns may then be approved by the Council of the City of Roanoke. And, lo such event, all of the terms and conditions of this ordinance shall continue and be of the sane force and effect as If said project had originally been placed and operated in the path to which it may be removed pursuant hereto. T. That before this ordinance shall become effective the said Roannhe Junior Chamber of Connerce shall evidence its agreement to be bound by the ter~s and conditions hereof by causing its signature and seal to be affixed to the original hereof by its proper officers. Signed and sealed in compliance ~lth paragraph ? of this ordinance. This __ day of 1')50. ROANOKE JUNIOR CItA~BER OF COmmERCE, I~C. By President ATTEST: (SEAL) AYES: Council members Decker. Dillard. Pickett. licbber. Hheeler. and the President. Dr. Young ................ NAYS: None .................O. (tlr. ~est absent) STORR DRAINS: Council nt its heatlog of June 16. 19SD. having directed the preparation of a Resolution to provide for the extension of the contract het~eeni~ the City of Roanoke and 5ydnor Punp and tlell Conpnny. Incorporated. for the drilling[ of drainage shafts In the ~llll~mson Ro~d orca. ~rs. Pickett offered the follo~lng Resolution: (#l~41T) A RESOLUTION extending the contract of Hatch $. 19SD. between 5ydnor Punp and Well Conpany. Inc.. and the City of Roanoke for drilling dratn~ge wells in the ~illianson Road area of the City. (For full text of Resolution. see Resolution Book No. 23, Page 24.) ~rs. Pickett noved the adoption of the Resolution. The motion was seconded b~ lit. ~ecker and adopted by the following vote: AYES: Council nemhers Decker. Dillard. Picket~. Hebber. ~heel~r. and the President, ~r. Young ........... L .... 6. NAYS: None .................O. (~r. ~est absent) STREETS AND ALLEYS: Council at its meeting of June 16. 19~B. having directed the ~reparation of a Resolution extending the contract between Virginia Asphalt Paving Company. Incorporated. and the City of Roanoke for the paving ~f streets at various locations in ~he city. ~r. Decker offered the folio,lng Resolution: (sl3410) A RESOLUTION extending, for the third tine, the contract of ~arch, 6, 1950. between Virginia Asphalt Paving Conpnny, Inc., and the City of Roanoke For the paving of streets at various locations fn the City. (For full text of Resolution. see Resolution Book No. 23, page RS.) ~r. Decker moved the adoption of the Resolution. The motion was seconded by lit. Hheeler and adopted by the following vote: AYES: Council nenbers Decker, Dillard, Pickett, Webber, Wheeler. and the President. ~r. Young ................ 6. NAys: ~one .................O. (Ur. ~est absent) Ilr. ~heeler then offered the following emergency Ordinance apprnprlating the necessary funds to cover the unendaents to the extension of the contracts between the City of Roanoke and Garrett, Noon and Pool, Incorporated. Sydnor Pump and Well Coflpany. Incorporated, and Virginia Asphalt Paving Company, Incorporated: (siS,Jig) ,IN O~DIEAI~CE to amend and reordain Section nOl,.'Street Repair'. Section #!41, '~emer and Drain Cohstruction~.and Section ~142. 'Transfer to Improvement Fund#, of the 1950 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No, 23, Page 27.) ~lr. Itheeler moved the adoption of the Ordinance. The notion ~aS seconded by fir. Decker and adopted by the following vote: AYES: Council ~e~bers Decker, Dillard, Pickett, :lebher, :~heeler. and the President. =Ir. Young ................ I;AYS: [;one ................. O. (lit. ~est absent) ~iOTIONS Ai~D ~ISCELLANEOUS ~USIhESS: DEPART:lENT OF PUBLIC :IELFARE: Itt. John Dunahoe, 1114 I!owbert Avenue, $. ~. appeared before Council and coaplained that he is not receiving sufficient help froa the Departaent of Public I~elfarc to support hinself and his ~ife. The City llanager reported that Lit. Dunahoc has been and is receiving all the aid authorized under the present laws. The matter was referred to the City llanager. pLANNI~;G COi,I~IISSIO~;5: Ur. ~heeler presented to each member of Council a copy of a land use survey and plan for the Roanoke =etropolltan community prepared by Garland a. ~ood and Associates for the Roanoke Valley Regional planning and Economic Development Commission. APPOINT~EN TS: The City Clerk reported that the ter~s of the following Board ~enbers will expire on dune 30. 1958: ~r. S. U. lludson, a meaber of the ~oard of Trustees of the E~ployee's Retireflent System, a four year ter~; Dr. A. P. Jones. ~r. C. D. llurt and Ur. Frank Il. Rogers, as ~e~bers of the Roanoke Public Library Board. for three year termsl ~essrs. John It. Thornton. Jr.. Clarence Ilaukins and Richard T. Edwards, as members of the Roanoke City School Board, for Upon call iron the ~ayor, Hr. ~heeler placed in nonlnation the name of Mr. S. ~1. Iludson as a member of the Board of Trustees of the Employee*s Retirement System for a four year tern beginning duly 1, 1950. Dr. Webber moved to close the nominations. The notion was seconded by Dr, Wheeler and adopted. Ur. S, M. Rudson vas reelected a member of the Board of Trustees of the Employee's Retirement System for a tern of four years heglnning July 1. 1950. by the following vote: AYES: Council uembers Decker. Dillard, Pickett, Mebber. Wheeler, and the President. Br. Young ................ 6. NAYS: None .................O. (Mr. Best absent) There being no nominations for the Roanoke public Library Board, the matter was deferred until the next regular meeting of Council. The Bayer called for nominations for members of the Roanoke City School Board for terns of three years each to begin July !. 1950. Mr. Wheeler placed in nomination the name of Mr. David B. Burrows. Mr. Mebber placed in nomination the name of Hr. Richard T. Edwards. Yr. Dillard placed in nomination the name of Mr. Clarence 9. Dawkins. Brs. Pickett moved to close the nonlnatio~ The Motion was seconded by Mr. Decker and adopted. ~essrs. David I1. Burro~s, Richard T. Edwards and Clarence ~. lla~kins were elected as me~bers of the Roanoke City School Board for terms of three years each beginning July 1, 1950, by the follo~in9 vote: AYES: Council ~e~bers Decker. Dillard, Pickett, ~ebber, Hheeler. and the President. Mr. Young ................ 6. NAYS: None .................O. (tlr. Mest absent) BUDGET-II~%LTil DEPART~IENT: The City Manager advised Council that the appro- priation made at the meeting of July 16, lq50. for certain items in connection with the administration of the ~eat inspection service requires amendment because of a subsequent decision to do the necessary alterations by city forces rather than including it in the rent on the property for the first year, the City ~anaser requestin9 that the appropriation for rent be reduced from $2,250.O0 to $1,O50.O0 and that $3.000.00 be appropriated for the necessary alterations to the property on which the meat inspection service will be housed. Mr. Uebber moved to concur in the request of the City ~anager and offered the follo~in9 emergency Ordinance: (=13420} AN ORDINANCE to amend and reordain Section =40. #llealth Depart- meat*. of th~ lgSO Appropriation Ordinance, and providing for an e~ergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 27.) Dr. Uebber moved the adoption Of the Ordinance. The motion ~as seconded by Mrs. Pickett and adopted by the following vote: AYES: Council nenbers Decker, Dillard, Pickett, Webber, Mheeler, and the President, Mr. Young ................ 6, NAYS: None .................O. (Mr..West absent} There being no further business, Council adjourned. APPROVED " 79 !'80 ~ CODNCIL..RE~ULAR MEETING, Monday, July 14o'1956. The Council of the .City of Roanohe met in regular meeting in the Council Chamber in the Municipal Building. Monday, Jmly 14, Ig58. at 2:00 o'clock, p. the regular meeting hour, with the President, Mr. Young, prpsiding. PRESENT: Council members Decker. Dillard. Pickett, Webber. Most, Wheeler, and the President. Mr. Yawn9 ........... ABSENT: None ..................O. OFFICERS PRESENT: Mr. Arthur S. Uwens, City Mannger, Mr. Randolph Whittle, .City Attorney, Mr.. Ilarry R. Yates. City Auditor, end Mr. J. Robert Thomas City Clerk. IN¥OCAT. ION: The m~eting was opened with a prayer by the Reverend Parlor, Pastor, Fort Lewis Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, June 1958. having be~n furnished each membe~ Of Covncil, upon motion of Mr. Wheeler, seconded by Mr. West and adopted, the reading was dispensed with and the minutes HEARING OF CITIZENS UPON PURL1C MATTERS: BRIDGES: The City Manager, actiug under authority of Council at its Mundy Rand - Liberty Road, N. E.. the following bids were received: Ralph E. Mills Company, for the underpass, $80,485.00, for related work, $§0,£95.O5, n total of $1(1.180.05; English Construction Company, Incorporated. for the underpass. $122,g00.OO. for related work. $10?,gg?.oo, a total of $230,Bg?.OO; Pioneer Construction Company, Incorporated, for the underpass, $81,900.00. for related work. $~1,000.75, a total of $162,9OO.75; Lee Hy Paving Corporation'. for the under- pass, $??,620.OO, for related work, $93o275.50, a total of $170,B95.50; Robert T. Main Company. for the underpass, $90,455.00. for related work, $102,07B.OO. a total of $192,533.80; Yecellio Construction Company. Incorporated. for t he underpass, $78,127.50. for related work. $100.O27.45, a total of $178.154.95; and M. S. Hudgins,,Joe tludgins and Claude Pace, Jr;, for the underpass, $03,325.00, for related work. $90,39g.75~ a total of 9173.724.75. Mr. Mebber moved to refer the bids to a committee composed of Messrk. Arthur S. Owens, John L. Wentworth and Harry F. Smith for tabulation, study 0nd ZONING: Council at its meeting of June lb, 1950, having set a public hearing on the request of Mr. Ambler W.-Webb,.et al** that a tract of Jand contain- ing 3ZII acres, located on Whiteside Street; N. E.. designated as Official Tax No, 3150109 and a portion of Official Tax No. 315OIO3. be rezoned frbm General Residence District to Light Industrial District. for 2:00 o'clock, p. m., July 14, lgS~, in the Council C~smber, and notice of the hearing having been published in The Roanoke World-News on June 27, 1958, and the City Planning Commission having previously recommended that the request be granted, the hearing mas held at which Mr. A, Linuood flolton, Jr.. Attorney for the petitioners, appeared end requested that Council concur In the recommendation of the City Planning Commis- sion and grant his clients* petition. Mr. Webber stuted that there Is u question of u street right of may involved in the property of the petitioners, on which Council should have a report from the City Manager, and moved to table the matter until the next regular.eeet~ lng of Council. The motion was seconded by Mr. Dillard and adopted. PETITIONS AND COMMONICATIONS: MAILER FIELD: Mr. Richard F. Pence,Attorney, representing certain before Council, statin9 that he has been advised by representatives of the federal government that they are now in a position to dispose of all Of the remaining assets of Roanohe Baseball, Incorporated, under their tax lien, and wish to do so at an early date, Mr. Pence informing Council that federal tax officials have agreed to release all connected with parties Roanohe Baseball, Incorporated, from the tax lien totalia9 .$10.619.49, if the remaining assets can be sold for $3.500.00, and requested that Council authorize the purchase of said remaining assets for $3,500.00, stating that in his opinion the assets concerned are worth approximately $5,000.00, his estimate including one controversial item; viz., the poles on which the floodlights are mounted, the City Attorney being of the opinion that the poles are a part of the freehold, and, consequently, property of the City of Roanoke. Mr. Pence stated that he represents Mr. J. M. Oarby. former Secretary- Treasurer of Roanoke Baseball, Incorporated, who will suffer serious financial losses through no fault of his own unless the $3,500.00 compromise is settled, and reiterated his arguments presented to Council at its meeting of September 3, 1957, in which he claimed that the city, by reason of having custody of the equipment and property of Roanoke Baseball, Incorporated, for the last five years. and the use thereof, has already obtained value received for the $3,500.00 requesti Messrs. Tom Stockton Fox and Fortescue M. llopkins, representing other interests in connection with the defunct corporation, also appeared before Council in support of the request of Br. Pence. Mr. Dillard stated that it is his belief thai if the city does not acquire the assets of Roanoke Baseball, Incorporated, and allows them to be removed from the baseball park in Maher Field. it will only be a matter of time until the city will have to expend more than $3,500.00 to replace the floodlights in the park, and moved that the following Ordinance appropriatin9 $3,500.00 for the purchase of the remaining assets of Roanoke Baseball, Incorporated, be placed upon its first reading: (m13421) AN ORDINANCE to amend and reordaln Section :144, *Departmental Equipment and Improvements*, of the 1958 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanohe,that Sectibn ~144, l#Departmental Equipment and Improvements*, of the 1958 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: DEPARTMENTAL EQUIPMENT AND IMPROVEMENTS u144 (1) .................... $342,267.70 (1) Stadium end For purchase of remaining $3,500.00 Athletic Field - 112 assets of Roanoke Baseball. Incorporated. The motion mas seconded by Hr. Wheeler. Mr. Webber stated that in his opinion the remaining assets of Roanoke Dasebsll, Incorporated, under the lien to the federal government, might not bring $3,~00.00 ut u sale, that there is no inventory of the assets before Council, Hr. Webber reminding the body that some~months ago mben the matter uss before Council the City Wanager estimated that the personal property of the corporation uss north betueen $1,~00.00 and $2.D00.00 at that time; therefore, he offered a substitute motion to let the federal 9overnment tax officials proceed uJth the sole of the property in question under their tax lien. at ehich time the city can bid on such properties os it requires. The substitute motion sas seconded by Mr. West and lost by the folloming vote: AYES: Council members Webber, West, and the President. Mr. Young ........ NAYS: Council members Decker, Dillard. Pickett and Wheeler .............. 4. ~he original motion of Mr. Dillard that Ordinance No. 13421 be placed upon its first reading, duly seconded by Mr. Wheeler, was then adopted by the following vote: . AYES: Council members Decker. Dillard. Pickett and Wheeler .............. 4. NAYS: Council members Webber, West, and the President. Hr. Young ........3. The City Manager then requested that Council take necessary action to authorize the proper officials to purchase the property in question. Mr. Dillard moved to direct.the City Attorney to prepare a Resolution authorizing the proper officials of the city to purchase all of the remaining available assets of Roanoke Baseball. Incorporated, which are subject to the tax lien of the United States Government. said Resolution to include an inventory of the property. The motion was seconded by Mr. Decker and adopted by the folloming vote: AYES: Council members Decker, Dillard, PicLet~ West and Wheeler ........ 5 NAYS: Mr. Mebber, and the President, Mr. Young ......................... 2 AIRPORT: The City Clerk presented a communication from Greenbrier Airport Incorporated, requesting that Council reconsider its action at its meeting of January 13. 1958. and reduce or eliminate the landing fees required of the corpora. tion's planes operating in and out of the Roanoke Municipal Airport, the corpora- tion advising that it has paid $340.00 to the City of Roanoke in the first six months of the year 1958 and has charged no landing fee for any Roanoke airplane at its airport. Mr. Webber moved to table the communication. The motion was seconded by Mr. ~heeler and adopted. ZONING: The City Clerk presented a communication from L. ~ F. Duildin9 Company. lncorpora}ed, requesting thot its property, located on the mesterly side of Mbiteside Street, N. E., being Official Tax No. 3150102, be rezoned from Business District to Light Industrial District. Mrs. Pickett moved to refer the request to the City Planning Commission for study and recommendation~ The motion mas seconded by Mr. Decker and odopted. EASEMENTS-PARhS AND PLAYGROUNDS: The City Clerk presented a communication from Mr. Robert II. Raglnnd. advising that in constructing · new home on Lot Block I, Section 1. Frnlin Park, located et 3201Pasley Avenue, S. ¥., he overlooke 8 12-foot utility easement along the east side of his lot, consequently, he cannot place a garage in the area for mhich it was originally planned, Mr. Raglond requesting that the city convey to him a triangular strip of land nleng the side of his property, which is a portion of Fishbarn Park. in exchange for a triangular strip of land along the rear of his property, which is adjacent to Fishburn Park, Mr. Rutland stating that the triangular strip of land requested from the city is for the purpose of providing n utility easement along his property, in order that his garage might be constructed as planned. The City Manager advised Council that although he has previously disap- proved the request of Mr. Ragland, he now bas no objection to the granting of same. Mr. Wheeler moved to refer the request to the City PlannJn~ Ucmmis$ion for study and recommendation. The motion was seconded by MFS. Pictett and adopted. STADIUM: The City Clerk presented a communication from Old Dominion Industrial Exposition, Incorporated. advising that the organization ~as organized concurrent with the dissolution of Roanoke Diamond Jubilee. Incorporated. for the purpose of conducting future industrial exhibitions lite the one conducted in connection with the Seventy=fifth Anniversary celebration of the City of Roanote last year. and that based upon the experience gained in conducting the previous industrial exhibition, it is the request of the corporation that the city give consideration to (i) covering the area under the west stand to eliminate water blowing in from the side and dripping through expansion joints in the Stadium; Mr. Webber moved to refer the matter to the City Manager for an estimate Of the cost of the improvements requested by Old Dominion Industrial Exposition, Incorporated. The motion was seconded by Mr. Wheeler and adopted. STREET LIUIITS: The City Clerk presented a communication from the Appalachian Power Company. reporting the installation of twenty-three 21000 lumen. tmo 10000 lumen, sixteen 6000 lumen and two 2S00 lumen street lights, and the removal Of tau 6000 lumen and tuelve 2500 lumen street lights in the City of 2oanote during the month of June. 1958. The report was ordered filed. STREETS AND ALLEYS: The City Clerk presented a petition from thirty residents of Rillou Road, N. M., requestin9 that consideration be given toresur- facin9 said street. RF. Dillard moved to refer the matter to the City Manager for his disposition. The motion was seconded by Mr. Webber and adopted. STREETS AND ALLEYS: The City Clerk presented a communication from the Garden City Civic League, expressing appreciation to Council for the mark completed on Reynolds Road. $. E. The communication was ordered file~ ¸88 SEWAGE DISPOSAL: ?he CIty Clerk prose·led · Resolution of tko Roord of Supervisors of Roanoke County, requesting that the contract of September 28, 1954, between the City.of Roanoke and the County of Roanoke, dealing with the treulmenl of domestic and commercial wastes, be amended by adding thereto u 50.75 ·cra tract of land loc·ted between Carvius Creek and Route LOI, north of the City of Roauote. Hrs. P&ckett moved to refer the request to 8 committee composed of Messrs. Roy L. Webber, Chairman, Melter L. Young, Arthur S. Owens and Randolph G. Nhittle for study and recommendation. The motion was seconded by Rt. UecLeF and adopted. SIGNS-STREETS AND ALLEYS: The City Clerk presented a communication from the Gulf Oil Corporation and Mr. Blair A. Riley. requestin9 permission to encroach upon the area between the setback line and the street with a pump island and a sign at a filling station to be located on the property of Mr. Riley at the inter- section of Tuenty-fifth Street and Shenandoah Avenue, N. M.. with the provision that the installations will be remored, uithout cost to the City of Roanoke. at such time as the city may direct. Mr. Dillard moved to direct the City Attorney to prepare a Resolution granting the permission as requested by the Gulf Oil Corporation end Dr. Blair A. Riley. Yhe motion Was seconded by Mr. Webber and adopted. ZONING: The City Clerk presented a communication from Messrs. Carl A. Montgomery and C. G. Williams. requesting that their property located on the north side of Shenandoah Avenue. N. ~., extending from a point approximately 1,200 feet west of Thirty-sixth Street westward to the city limits, be rezoned from General Residence District to Business District for a depth of approximately 200 feet. Mr. ~heeler moved to refer the request to the City Planning Commission for study and recommendation. Tl~e motion .as seconded by Mr. Decker and adopted. SIGNS: The City Clerk presented a communication from Self Service Stations Incorporated. requesting th~ Council grant it a permit to erect a sign in the 9russ plot between the sidewalk and curb line on Mol m se Are·ua. N. W., in front of its filling station located on the northeast corner of Melrose Avenue and Nineteen~ Street. N. W. Mr, Wheeler moved to direct the City Attorney to prepare a Resolution granting the requested permission to Self Service Stations, Incorporated. with the provision that the sign will be removed, without cost to the City of Roanoke. at such time as the city may direct. T!~e motion was seconded by Br. Dillard and adopted, Mrs. Pickett toting no. PARKS AND PLAYGROUNDS: The City Clerk presented a communication from M~ George W. Wolford. advising that he. with other managers of sandlot baseball teams in Roanoke. ~ould like to be able to invite out-of-town baseball teams to play with their teams in the city's parks without being charged for use of the lights On the ball diamonds in return for suchinvttatJons issued to then by sandlot teems in Salem. Bedford and Lynchburg where no charge is made for night lighting in the city parks. Mr. Mulford stating that he has been informed that a charge of $15.OO per team per night has been established by the City Manager for'such games in the City of Roanoke. Mr. Webber moved to refer the matter to the City Manager for administrative action, The motion was seconded by Mrs. Pickett and adopted. il REPORTS OF OFFICERS: PURCHASE OF PROPERTY-PAR~S AND PLA YGRDUNDS°STREETS AND ALLEYS: Council kuving laid over from Its previous meeting a recommendation Of the City Manager that it authorize acquisition of certain property from EllenMae Carter, et al.. at · price of $4o9S0o00, being the amount fixed by commissioners in a condemnation proceeding in.the Law and Chancery Court on April 25, 19~9. and appropriate $1,530.00 to provide adequate funds in the budget for payment of the amount fixed by the commissioners, the matter was again before the body. Mr. Decker moved to direct the City Attorney to prepare an Ordinance providing for the acquisition of the property as recommended by the City Manager. The motion was seconded by Mrs. Pictett and adopted by the following vote: AYES: Council members Decker, Dillard, Picke~t and West ...............4. NAYS: Council members Webber. Wheeler. and the President, Mr. Young---3. SCHOOLS-PARES AND,PLAYCROUNDS: Council et its meeting Of March.2§, 19S7, Cruictshunk and Randolph U. Whittle for study and recommendation requests previous- ly received by the body from the Roanoke City School Board to include in its plan- ning prooram certain areas of Shrine tlill Park, Fishburn Park and Thrasher Park for school sites, the committee submitted its re~ort, advising that pursuant to Resolution No. 1323l, adopted by Council on November 11, 1957. approving the Joint Use Policies of property under the immediate respective control of the School Board and the Department of Parks and Recreation. regardless of where school buildings may be erected in any given part. substantially all of the real estate therein not actually covered by Such buildings will. therefore, be developed ~nd used in such a manner as will best benefit all citizens of the community from a recreational standpoint, and all future public school buildings will be constructed the recreational development of the overall city, consequently, in the opinion of the committee, the quantity of land set aside in these parks within which School buildings may be erected becomes relatively unimportant except to afford the architects the opportunity Of locating the School buildings to the best possible advantage without jeopardizin~ the overall future park development. The committee stated that. with the understanding that the Joint Use Policies. as set forth in Resolution No. 1323~, shall apply, it recommends that Council grant to the Roanoke City School Board permission to include in its plannin and.. subsequently, to use the required portions of the lands hereinafter described in the following parks, upon which to erect school buildings: "1. Shrine tlill (a) For a senior high school; approximately 35 acres situate at the northeast portion thereof, fronting on Crandin Road and on old Persinger Road: (b) For an elementary school; approxim~tely 14 acres situate at the Southwest portion thereof, fronting on the Grandin Eo~d; 2. Fishburn Park (a) For a junior high school; approximately 17 acres thereof (which formerly constituted ~ part of the Alms [louse Farm), fronting on Overland Road and Brambleton Avenue: (b) For an elementary school; approximately 12 acres situate on the eastern end thereof (mhich formerly c,umlauted a part of the Alms llcuse Farm). frontinl on Colonial Avenue sad Overland Road; and 3. Thrasher Park (o) For an elementary school; approximately 5 acres situate st the eastern portion thereof, fronting on the ¥inton Mill Road." Hr. Wheeler moved to concur in the report of the committee and offered the following Resolution: (m1342R) A RESOLUTION approving the committee's report with reference to use. by the Roanoke City School Board. of the required portions of certain park lands for the purpose of erecting public school buJldinos thereon; and comdata,nail grantin9 unto said School Board the.requisite permission. (For .full text of Resolution, see Resolution Book No. 23, Page 32.) Mr. Rheeler moved the adoption of the Resolution. T~e motion nos seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett. Webber. West. Rheeler. and the President. Mr. Young ................. 7. NAYS: None .......................... O. The City Cleft then presented a communication from the City Planning Commission. advising that it has studied the prelimin~ry school site plan of the Shrine Hill Park property, which it generally approves, and recommending that in connection with the use of Shrine tlill Park that (i) a study be made by the proper authorities to determine the best location for a fire station to serve the area in need of the facility; (2) that the city acquire Lot 16. Block 7. Brandin Court. to provide for necessary access to the proposed elementary school site from Guilford Avenue; (3) that the city acquire four lots located at the intersection of Brandon Avenue and Grandin Road, designated as Lots 1, 2, 3 and 4, Block 20. Raleigh Court; and (4) that the alley adjacent to the Shrine Hill Park property. situated south of Brandon Avenue between Blenheim Road and Grandin Road. be vacated. Mr. Webber moved to refer to the City Manager for study and recommendation the qnestion of the location of a fire station in the park area ns recommended by the City Planning Commission. The motion was seconded by Mr. Rheeler and adopted. Mr. Webber moved to direct the City Manager to negotiate with the omner. or owners, of Lot 16. Block 7. Grandin C,ntt. for the purchase thereof, and to submit his report thereon. The motion was seconded by Mr. Rheeler and adopted. Mr. Mebber moved to direct the City Reneger to negotiate with the owner. or owners, of Lets 1. 2. 3 and 4, Block 20. Raleigh Court. for the purchase there,: and to submit his report thereon. The motion was seconded by Rt. Wheeler and adopted, Mr. Hillard voting no. The City Manager advised Council that he is opposed to closing the alley as recommended by the City Planning Commission on the basis that the property abuttin! the alley faces a busy highway and the elley affords the safest and best method of collecting garbage and trash from the said p.roperty. Mr. Rebber moved to table the recommendation of the City Planning CommissJol rot vacating the alley adjacent to Shrine Rill Park, situated south of Brandon Avenue between Blenheim Road nnd Grnndin Road, S. R. The motion was seconded by Hr. Wheeler and adopted. The City Clerk then presented a Resolution from the Subcommittee of the Board of Visitors of the Virginia Polytechnic Institute for the Ronnoke Technical Institute, recommending that the Council of the City of Roanoke convey to the Board Of Visitors Of the Virginia Polytechnic Institute approximately seven and one-half acres of land located in the southern corner of Shrine Ilill Park, upon which to erect the Roanoke Technical Institute. Mr. Rheeler moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Rest and adopted. At this point, Mr. West asked to be excused and left the meeting. STATE RIGHRAYS: The City Manager presented a communication from the Virginia Department of lilghways, advising that Jt is preparing a survey and plan development for the provision of four lanes on Route 117 from its intersection with Route il. North, and to its intersection with Route d(O, West, of which there is approximately 0.4 mile within the present city limits of Roanoke near its intersection with Route 460 (Melrose Avenue), it being estimated that the cost of the plans for the section within the city would be approximately $2,5D0.00, of which the city's share would be fifty per cent, or approximately $1,250.00. the IlJghuny department pointing out that this section is eligible for Federal Aid Urban Funds for construction and right of say and requesting that the ~Jty partici .e in the survey and plan development for the portion of the highway within the city limits, the City Manager recommending concurrence. Mr, Wheeler moved to direct the City Attorney to prepare a Resolution providing for participation by the city in the survey and plan developmental mile of Route 117 from Melrose Avenue to [lershbeFger Ro~d, N. W.. as recommended by the City Manager. The motion was seconded by Mr. Dillard and adopted. BUDGET-PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council at its meeting of April 7, 1950. having directed the City Rsnager to negotiate with representative~ of the Hartsook Estate with reference to securing all. or a portion, of its lands. the City Manager reported that he has caused appraisals ~o be made of the property and. subsequently, has arranged for the necessary roadway atop Rill Mountain to be ~rovided under the Subdivision Ordinance while the property is being subdivided. consequently, no purchase of land is necessary on the part of the city. the City Manager therefore recommending an appropriation of SgOO.OO to provide for payment of the fees of the appraisers. Mr. Dillard moved to concur in the recommendation of the City Ranager'and offered the following emergency Ordinance: (x13423) AN ORDINANCE to amend and reordain Section ~111. *Parks and Recreational Areas", of the 1950 Appropriation Ordinance, and providing for an emergency.. (For full text of Ordinance. see Ordinance Book No. 23, Page 32.) ~'87 * ~88 Mr. Dillard moved the adoption Of the Ordinance, The motion nas seconded by Mr, Wheeler and adopted by the following vote: AYES: Council members DecLer. ~fllnrd. Pickett, Webber. Wheeler, and the President, Mr. Young ................ NAYS: None .................O, (Mr. West absent) flUDGEToDEPARYMENT OP PUflLIC WORKS: The City Manager requested authority to use a portion of the funds remaining in the Street Cleaning account for the purchase of a street flusher for the construction of a cab on a motor sweeper owned by the city. the cost of the cab to be Mr. Dillard moved to concur in the request of the City Manaoer and offered the followin9 emergency Ordinance: (813424) AN ORDINANCE to amend and reordain Section 3144. 'Departmental Equipment and Improvements** of the 1950 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23, Page 33.) Mr. Dillard moved the adoption of the Ordinnnce. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett. Webber. Wheeler, and the President. Mr. Young ................ NAYS: ~one .................O. (Mr, Nest absent) AIRPORT: The City Manager reported that pursuant to n call for bids for furnishing one fire and crash truck for use at the Roanoke Municipal Airport. the ~urchasing Agent has received only one bid, with an alternate, from the Southeasterr Safety Appliance Company. and recommended acceptance of the alternate bid in the amount of $7,081.00 net, F. O, 0.. garinette, Wisconsin. with authority for the City Manager to effect delivery of the equipment by sending a municipal employee therefor. Mr. Wheeler moFed to concur in the recommendation of the City Manager and offered the following Resolution: (~13425) A RESOLUTION accepting the alternate proposal of the Southeastern Safety Appliance Company, Atlanta, Georgia, for furnishing the City of Roanohe one Pare and Crash Truch for use at the Roanoke Municipal Airport in the amount of $7,081.00 net, F. O. B., Marinette, ffisconsJn; authorizing and directing the Purchasing Agent to purchase the truck in accordance Math said alternate proposal; and authorizing the City Manager to have the truck delivered to Roanoke by designated municipal employee. (For full text o£ Resolution, seegesolution Oook No. 23, Page 33.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AV~S: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................ NAYS: None .................O. (Mr. West ~bsent) LEGISLATION-TAXES-DUILDINGS: The City Manager reported that the General Assembly of Virginia, in its 1959 session, amended the Code of Virginia, providing permissive legislation whereby buildings in the city could be taxed when substan- tially completed end fit for use and also providing for the abatement of taxes on buildings razed or destroyed durlnga calendar year. and presented tn Ordinance, providing for an umendment to the Roanoke City Code to make these lows effective in the city, which he recommended be adopted. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: "AN GRDINANCE amendin9 Chapter I of Title VI of The Code of the Cityof Roanoke. 1956, relating to Taxation. by the addi- tion of certain sections providing for the assessment Of certain new buildings and providing for ~e abatement of levies on certain buildings which are razed or destroyed or damaged by a fortuitous happening; and providing for an emergency. WIIEREAS. by recent amendment of Section SO-§II.I of the 1950 Code of Virginia the governing bodies of cities were author- ized to direct the assessment for taxes of all new buildings when substantially completed and fit for use. occupancy and enjoyment; and WHEREAS. by other recent legislation enacted as Section 59- 911.2 of the lgSO Code Of Virginia, provision was made for the abatement of levies on certain buildings which are razed or destroyed or damaged by a fortuitous happenln9 beyond the con- trol of the owner; and WHEREAS, this Council deems it to the best interest of the City that Chapter ! of Title VI Of The Code of the City of Roanoke. relating to Taxation, be amended so as to apply locally the provisions of the legislative enactments aforesaid; and WHEREAS, for the usual daily operation Of the municipal government un emergency is hereby declared to exist in order that this ordinance may be in force and effect at the time hereinafter provided. THEREFORE. fie IT ORDAINED,by the Council of the City of Roanoke that Chapter 1. Current Taxes. of Title ¥I, relating to Taxation. of The Code of the City Of Roanoke. 1956. be and the same ia hereby amended by the addition of two sections, to be numbered Sec. 11 and Sec. 12, to provide as follows: Sec. II. After the effective date of this section. all new buildings shall be a'aaessed when substan- tially completed and fit for use, OCCUpancy and enjoyment and the Commissioner of the Revenue shall enter in the current land books in his office the fair market value of such buildings, the tax extended on the basis of such assessment to be computed from the first day of the month following such substantial completion and according to the ratio which the por- tion of the year SUCh building is fit for use. occu- pancy and enjoyment bears to the entire year; provided that no such assessment shall become effective until information aS to the date and amount of such assess- ment is delivered to and recorded in the office of the City Treasurer and made available for public inspection. Sec. 12. Taxes levied for the current year on buildings which, after the effective date of this section, are razed or destroyed or damaged by a for- tuitous happening beyond the control of the owner shall be abated in direct proportion to the degree of such destruction or damage by the Commissioner of the Revenue and, if already paid. shall be refund- ed; provided, that noauch abatement shall be made if the damage to such building shall impair the value thereof by less than $500.00; and provided, further, that no such abatement shall be allowed in the case of damage to any such building if such damage shall be repaired during the same calendar year in which it Occurred; nor shall such abatement be made unless application therefor be made to the Commissioner of the Revenue by or on behalf of the owner of such building within the calendar year in which such build- lng was razed or destroyed or in which such damage was sustained. The tax au such razed, destroyed or damaged building shall be computed according to the ratio which the portion of the year such building was fit for use, occupancy and enjoyment bears to the entire year. RE IT FBRTHEB ORDAINED that~ nn emergency existing this ordinance shall be In full force and effect, for all pur- poses, 6n and after the 1st day of September, Mrs. Pickett moved the adoption of the Ordinancb. The motion mas seconded by Hr. Decker nnd~ the Ordinance being an emergency measure, was lost by the following vote: AYES: Council members Decker, Pickett, Wheeler, and the President, Young ................................................. 4. NAYS: Council members Dillard and iebber .....2. (Hr. Rest absent) BRIDGES: The City Reneger reported th~ Roanoke Iron and Bridge Incorporated. has advised him that its tractor-trailer trucks are havi~ difficulty in negotiating the turn from the ramp into its plant area onto Walnut Avenue Bridge which can be corrected by the removal of one concrete post on the said bridge. formerly used as a light standard but no longer serving any purpose, the City Manager advising that the Director of Public Rorks has advised him that the post can be removed without any detrimental effect to the bridge and therefore recommend lng that Council authorize the removal of the said post at the expense of Roanoke Iron and Bridge Works. Incorporated. Mr. Wheeler moved to concur in the recommendation Of the City Manager and offered the following Resolution: (~1342~) A RESOLUTION authorizing the City ~anager to cause a c~ncrete post or projection to be removed from the Walnut Avenue Bridge. (For full text of Resolution, see Resolution Book No. 23. Page 34.) Mr. Wheeler moved the fldoptlon of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, ~ebber. Wheeler. and the President. Mr. Young ................ NAYS: None .................O. (Mr. West absent) POLICE DEPARYWENT: The City Ranager reported that Old Dominion Lodge ~o. Fraternal Order of Police. has requested that it be permitted to borrow from the city one truck and one bulldozer for use in orading on property it owns j mt off of Route 311 and approximately eleven miles northwest of the city on which it is erecting the J. L. C. Medley Camp for Boys and mhich it will operate, the City Manager stating that this is ~n organization of Roanoke City policemen who are doing an excellent work with boys, and recommended that Council authorize loan of the equipment. Mrs. Pickett moved to direct the City Attorney to prepare a 8esolution providing for the loan of the equipment as recommended by the City Manager. The motion was seconded by Mr. Dillard and adopted. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: ~he City Manager presented a communication from Judge K. A. Pate of the Juvenile and Domestic Relations Court. requesting that he be 9iron a raise in salary comparable to that given to the other city j~ges in January. 1958. Mr. Webber moved to table the matter for consideration along with the 1959 budget. The motion was seconded by Mrs. Pickett and adopted. AIRPORT: The City Msnsger presented a request of the Hertz U-Drive-It Company that a special area at the Roanoke Municipal Airport be set aside for its use in servicing and parking automobiles used in its business at the airport, the City Manager advising that in his opinion there is neither sufficient land available at the airport for this purpose nor adequate facilities in the sewage disposal plant to handle the excess amount of water which mould be used in the washing of the automobiles if the service center mere permitted, consequently, he is opposed to grunting the request, Mr, Dillard moved to.deny the request of the Hertz U-Drive-lt Company, The motion was seconded by Mr, Hheeler and adopted, STREET LICHTS~ The City Manager presented a request for the installation of tmo groups of street lights in the city along with a Resolution authorizing their installation, which he recommended Council adopt, Hr, Decker moved to concur in the recommendation of the City Manager and offered the folloming Resolution3 (~13427) A RESOLUTION authorizing the installation, replacement and removal of street lights on Brandon Avenue, S. N., from Mud Lick Creek to Grandin Road, and on various approaches to intersections in the areal and authorizing the lnstallatioe of street lights at various locations in the City of Roanoke, (For full text of Resolution, see Resolution Book No, 23, Page 35.) Hr. Decker moved the adoption of the Resolution, The motion was seconded by Mr. Nheeler and adopted by the folloming votel AYES: Council members Decker. Dillard. Pickett. Rubber. Mheeler. and the President. Mr. 'Youn9 ................ 6. NAYS: None .................O. (Mr. Nest absent) REPORTS: The City Manager submitted a report of the Department of Public Melfare for the month of Ray. 1956. and reported other departmental reports on file in his office. The report was ordered filed. REPORTS OF COMMITTEES: MUNICIPAL COURTI Council at its meetinR of April 14, IDS0, having referred to a committee composed Of Mayor Nalter L, Young, Chairman, Mrs. Mary C. Pickett and Mr. Arthur S. Owens the question of providing space in the Municipal Building for an additional office for the Municipal Court, the committee submitted its report, recommending that the Parking Meter Repair Shop presently located Jn the Municipal Building Annex be transferred to the Municipal Garage in space to be provided by the erection of a cinder block partition, that the Delinquent tax Department be transferred from the Municipal Building to the space made available in the Municipal Building Annex, and that the Traffic Violations Bureau of the Municipal Court be assigned to the present Delinquent Tax Department office, which mill entail some cost. Mr, Nebber moved to concur in the recommendation of the committee and to authorize the City Manager to proceed mith the moves recommended, The motion was seconded by Mr. Mheeler and adopted. The City Manager then advised that it will cost approximately $1,$00,00 to make the necessary physical changes in the properties and requested an appropria* tiaa in that amount. hr. Mebber moved to concur in the reguest of the City Manager and offered the follouing emergency 0rdinance~ (z13428) AM ORDINANCE to amend and reordaln Section uO6. "Municipal Uailding#, and Seotion u99, 'Garage', of the 1959 Appropriation Ordinance, amd )roviding for an emergency. (For fall text o~ Ordinance, see Ordinance 0nob Mo, 23, Pago 30.) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the follomiog vote: AYES: Council members Decker, Pickett. Mebber, Mheeler, and the President, Hr. Young .............. ~ ............ 5. MAYS: Mr. Dillard ..........1. (Mr. Lest absent) STADIUM: Council at its meeting of June 30. 1950. having referred to the Stadium Advisory Committee for study 3nd recommendation a request of the Roanoke Sports Club for a reduction in the rental fee charged for use of Yictory Stadium in the conduct of its wrestling matches, the committee submitted its report, recommending that the present rates of $75.00 or ten per cent, whichever is greater as established by the City Manager, remain in effect for the duration of the current contract with the club. Mr. Mheeler moved to concur in the recommendation of the committee and to deny the request. The motion was seconded by Hr. Decker and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS; NONE. INTRODUCTION AND CONSIDERATION OF ORDINAMCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance Mo. 13405. vacating, discontinuing and closing certain portiom of Minston Avenue, S. M.. and Twenty-third Street, S. haviog previously been before Council for its first reading, read and laid over. was again before the body, Mr. Decker offering the folloming for its second reading and final adoption: (m13405) AN ORDINAMCE vacating, discontinuing and closin9 certain mapped, but undeveloped, streets, to-wit: that portion of Winston Avenue, S. M., lying between Block 11, and Lots 1 through B, inclusive, Block 16, accordlo9 to the Map of Colonial Heights,extending from the intersection of said Winston Avenue with 22nd Street and 23rd Street, S. ~., and lying between the property of the Heirs of Harry G. Mhitlow; that portion of 23rd Street. S. M.. between Blocks 11, 16 and 10, accordin9 to the Map of Colonial Heights, extending from the intersection of 23rd Street with Lynn Avenue and the right of way of the Norfolk and Western Railway Company; and that portion of Winston Avenue, S. M** bounded by Lots 6. ? and iBlock 10. according to the Map of Colonial Heights, and the right of way of the Norfolk and Mestern Railmay Company, and extending from the boundary line of Lots 5 and 6. Block 10, extended, to the intersection Of Minston Aven~e and 23rd Street. S. W., and lying between the property of the petitioners and the Morfolk and Mestern Railway Company. (For full text of Ordinance. see Ordinance Book Mo. 23, Page 20.) Mr. Decker moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the following vote: I 6 ~YES: Council members Decker, Dillard, Pickett, Yebber, Mheeler, and the President, #r. Young ...... r ......... 6, . NAYS: None .................O. (Mr. Vest absent) JUNIOR CHAMBER OF COMMERCE-PARKS AND PLAYGROUNDS: Ordinance No. 13416, amending and reordnlning an Ordinance authorizing the Roanoke Junior Chamber of. Commerce to install and operate a miniature train in the Children*s Zoo area on Viii Rouatain, having previously been be;ore Council for ils first reading, read and laid over, was again before the body, Mr. Decker offering the following for its second reading and final adoption: (a1341£) AN ORDINANCE to amend and reordain Ordinance No. 124B0, adopted by this Council on the 6th day of September, 1955, entitled, 'AN OROINANCE to amend and reordaia Ordinance No. 11526, adopted by this Council on the llth day of Augus~. 1952, entitled, 'AN ORDINANCE authorizln9 the Roanoke Junior Chamber of Commerce to install and operate a miniature train in the Children's Zoo area on Rill Mountain upon certain terms and conditions.'' (For full text of Ordinance, see Ordinance Book No. 23, Page 2g.) Mr. decker moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the followin9 vote: AYES: Council members Decter..Oillard, Pickett, Mebber, Rheeler. and the President, Mr. Young ................ NAYS: None .................O. (Mr. Rest absent) SEWERS-STREETS AND ALLEYS: Council at its meeting of June 30, having directed the preparation of a Resolution providin9 for the amendment of the contradt between Pioneer Construction Company, Incorporated, and the City of Roanoke for the construction of sewers to serve portions of North. Templeton. East Gate. Yarnell and Archbold Avenues. N. E., by adding thereto certain addi- tional street paving, Mr. Decker offered the following Resolution: (~1S429) A RESOLUTION amending and extending the contract of December il. 1957, between Pioneer Const[uction Cempany, Inc.. and the City of Roanoke for the construction of a sanitary sewer to serve portions of North, Templeton, East Gate. Varnell and Archbold Avenues, N. E. (For full text of Resolution, see Resolution Book No. 23, Page 39.) Mr. Decker moved the adoption of the Resolution. The motion was seconded by Mr. Vheeler and adopted by the following rote: AYES: Council members Decker, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young ................ NAYS: None .................O. (Mr. Rest absent) RATER DEPARTRENT: Council at its meeting of June 30, 195S, having directed the preparation of a Resolution accepting the bid of the Southern Machinery and Supply Company for a front end loader at a cost of Sg,b04.00 net, for the Voter Department, Mr. Decker offered the fo]lowing Resolution: (~13430) A RESOLUTION accepting the proposal of Southern Machinery and. Supply Co~pany for supplying a front end loader for the City*s Rater Department; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 23, Page 40.) Mr. Decker moved the adoption of the. Resolution. The motion.was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Wheeler. end the President Mr, Young ........................... 5. NAYS: Mr. Webber ...........1. (Mr. Rest absent) BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: Council at its meeting of June 30, 1959, having directed tee City Attorney to prepare tee necessary Ordinance providin9 for reclassification of the position of Chief Probation Officer of the Juvenile and Domestic Relations Court, Mr. Wheeler offered the following emergency Ordinance: (s13431) AN ORDIN;NCE reclassifying the position.of Chief Probation Officer of the Juvenile and Domesti~ Relations Court; and provfdin9 for an emergency. (For foil text of Ordinance, see Ordinance Book No. 23, Page 41.) Mr. Wheeler moved tee adoption of the Ordinance. The motion mas seconded by Mr. Webber and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Yawn9 ................ i. NAYS: None .................O. (Mr; West absent) JUVENILE AND DOMESTIC RELATIONS COURT-DEPARTMENT OF PUBLIC WELFARE: Council at its meetin9 of June 30. 1950, having directed the City Attorney to )repare an Ordinance placing the Juvenile Detention flame under the supervision of the City Manager and assigning the operation thereof to the Department of Public Welfare, Mr. Webber offered the following emergency Ordinance: (m13432) AN ORDINANCE placing the Juvenile Detention [lone under the super- vision of the City Manager and ass[gain9 the operation thereof to the Department of Public Welfare; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 42.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, Webber, Wheeler. and the President, Mr. Young--~ ............. 6. NAYS: None ........~ ........ O. (Mr. West absent) AIRPORT: Council at its meeting of June 30, 1950, having directed the City Attorney to prepare a Resolution authorizing the City Manager to enter into a Urant Agreement with the Civil Aeronautics Administration for a new work project at the Roanoke Municipal Airport, Mr. Wheeleroffered the following Resolution: (u13433) A RESOLUTION authorizing the City Manager to cause a ProJ oct Application to be prepared and, thereafter, execute nnd submit the sane to the Civil Aeronautics Administration for approval, consisting of the improvements pro- posed to be made at Roanoke Municipal Airport (Woodrum Field) commencing July 1, 1958. (For full text of Resolution, see Resolution Book No. 23, Page 42.) Mr. Wheeler moved the adoption o f the Resolution. The motion was seconded by Mr. Dillard and adopted By the following vote: AYES: Council members Decker, Dillard, Pickett. Webber, Wheeler, and the President, Mr. Young ................ 6. NAYS: None .................O. (Mr.. West absent) AIRPORT: Council at its meetin9 of June 30. 1958, having directed the City Attorney to prepare a Resolution advising the Roanoke Chamber of Commerce of the work program at the Roanoke Municipal Airport, Mr. Webber offered the follouing Resolution: (nl3434) A RESOLUTION directing the City Clerk to mall a photostatic copy of this Council's Airport Committee's report of June 30. 1950, embodying said committee*s recommendation of improvements to be made at the Roanoke Municipal Airport (Moodrum Field) during the years 1950 - 1963, inclusive. · (For full text of Resolution, see Resolution Book No. 23, rage 43.) Mr. Mebber moved the adoption of the Resolution. The motion mss seconded by Rt. Mheeler and adopted by the followin9 vote: AYES: Council members Decker. Dillard. Pickett, Mebber, Mhceler. and the President, Mr. Young ................ ~. HAYS: None .................OD (Mr. West absent) BUOOET-SE~ERS-STREETS AND ALLEYS: Mr. Mheeler offered the followin9 emergency Ordinance providing an appropriation of $3,966.50 to defray the addi- tional cost of the amendment of the contract between Pioneer Construction Company. Incorporated, and the City of Roanoke: (~13435) AS ORDINANCE to amend and reordain Section =141. "Sewer and Drain Construction", of the 1958 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No; 23. Page.43.} Mr. Wheeler moved the adoptionof the Ordinance. The motion was seconded by Mr. Dillard and adopted by the followin9 vote: AYES: Ceuncil Members Decker. Dillard, Pickett, Mebber. Mheeler. and the President, Mr. Young ................ 6. NAYS: None .................O. (Mr. West absent) MOTIONS ANO MISCELLANEOUS BUSINESS: ROANOKE PUBLIC LIBRARY BOARD: Council at its meeting of June 30, 1958. having laid over until its next regular meeting the appointment of three members of the Roanoke Public Library Board to fill the terms of Dr. A. P. Jones. Mr. C. D. tlurt and Mr. Frank W. Rogers, whose terms expired June 30. 195B. the Mayor called for nominations to fill the vacancies for terms of three years each, pointing out that Dr. Jones is no longer eligible for appointment to the Library Board because of havin9 removed his residence to Roanoke County. Mr. Wheeler placed in nomination the names of Mr. C. U. Ilurt and Mr. Frank M. Rogers. ~rs. Pickett placed in nomination the nnme of Mrs. Elizobeth M. Drewry. Mr. Webber moved to close the nominations. The motion was seconded by Mr. Wheeler and adopted. Mr. C. O. Hurt, Mr. Frank W. Rogers and Mrs. Elizabeth M. Orewry were elected as members of the Board of Directors of the Roanoke Public Library for terms to expire June 30, I96I. by the following vote: ,95 AYES: Council members Decker, Dillard, Pickett, Webber, ~heeler. end the President. #r. Young ................ 6. NAYS: None .................0.. (M~. West absent) AIRPORT: The City Manager stated that subsequent to preparation of the agenda for the present meeting of Council he was advised by Ralph E. Mills Company, l~corporated, that the delo~ in executing the contract between the company and the City of Roanoke for the relocation of Route llO in the vicinity of the Roanoke lunicipal Airport is proving very costly to the company and that unless the contrac is entered into between the city and the company in the very near future the firm will have to withdraw its proposal, the City Manager advising that approval by the Civil Aeronautics Administration prior to entering into the contract las a conditbn of the Resolution adopted authorizing the contract, that the CAA has not formally given its approval, but that informal approval has been given by CAA officers. and recommended that Council adopt a new Resolution authorizing the contract, to entered into immediately. Mr. Iheeler moved to concur in the recommendation of the City Manager and offered the following Resolution: (~13436) A RESOLUTION accepting the proposal of Ralph E. Rills Company. Incorporated, for the relocation of State Highway No. 118, in accordance with the specifications therefor designated Project No. (For full text of Resolution, see Resolution Book No. 23, Page 44.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Br. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Wheelers and the President, Mr. Young---~ ............ 6. NAYS: None .......T ......... O. (Mr. ~est absent) There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING Monday, July 28, 1958. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Municipal Building, Monday, July 20, 1956o at 2:00 o*clocko p. the regular meetiug hour, with the President, Mr. Young, presiding. PRESENT: Cuuncil members Decker. Dillard, Pickett, Mebber, Mast, Mheeler, and the President. Mr. Young ........... ABSENT: None ..................0. OFFICERS PRESENT: Mr, Arthur S. Owens, City Manager, Mr. Randolph Whittle, City Attoruuy. Mr, Harry Ro Va*us0 City Auditor, and Mr. J. Robert Thomas, City Clerk, INVOCATION: The meeting was opened with a prayer by the Reverend Herbert R. Moore, Pastor, Res*hampton Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, July 14. 1950, having been furnished each member ~f Council, upon motion of Mr. Mheeler, seconded by Mr. Decker and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS-GARBAGE REMOVAL: Dr. B. T. Penn and a group of citizens residing on Madison Avenue, No M** between Eighth Street and Tenth Street, appeared before Council and stated that they were promised that the said street would he blacktopped during this year*s resurfacing program, that the manholes in the street have been raised for that purpose, but the resurfacing has not been done and the city has subsequently placed asphalt around the edges of the raised manholes indicating that it does not intend.to do the morkat this time. Dr. Penn further complained that the dump in Nashington Park is not being properly covered with dirt and thus is emitting odors and creating a nuisance detrimental to the health, welfare and safety of the community. Mr. Webber moved to refer the complaints to the City Manager for study and recommendation. The motion:was seconded by Mr, Iheeler and adopted. STORM DRAINS: Mr. E. Jackson Thomas, 2762 Prillnman Avenue, N. M., and five other citizens of the area, appeared before Council, complaining of storm water collecting at the intersection of Dudley Street and Clifton Street, N. I., creatJn9 both a public health and public safety hazard, and requested that Council take action to relieve this condition. The Mayor advised Mr, Thomas~tbat Council has under consideration improve- ments to the~storm drain in that area and is awaiting bids on a proposed project for that purpose mhich have been called for by the City Manager and are expected in the next.few weeks. PETITIOnS.AND COMMUNICATIONS: ANNEXATION: The City Clerk presented petitions from 147 residents and citizens of Roanoke County. requesting that the City of Roanoke institute action to effect annexation to the city of an area lying between Cove Road, on the north, Virginia Route 742, on the south, Mason Creek. on the west, and the city limits ',97 and Virginia Route Il?, on the east; the Brembleton Court Subdivision; the Greenwoo~ Forest Subdivision; end the Mlndsor Pork Subdivision, ell lying to the west of Roanoke City, along with two communications from residents in the county opposing the said request in the petitions. Hr, Rebber moved to refer the request to n committee composed of Messrs. Arthur S. Owens, Chairmnn, Randolph G, Mhittle and Retry R. Yates for study, along with other matters germane thereto, and submission of its report end recommendation to Council. The motion mas seconded by Mr. Mheeler and adopted. AUDITS-CLERK OF TUE COURTS: The City Clerk presented reports of the Auditor of Public Accounts of the Commonwealth of Virginia, covering audits of the Clerk of the Courts for the calendar years 1956 mud lgS?. the reports advising ghat the Clerk of the Courts has made full accounting of ell funds of record coning into his custody and the Auditor commending the Clerk for the excellent manner in which his records have been prepared. The reports were ordered filed. SIGNS: The City Ulerk presented a communication from Rr. L. R. Austin and Mrs. Stella Bryant, requesting that Rt. Austin. owner of a restaurant and drive-in parking lot located on the easterly side of Franklin Road, S. M.. Immediately north of its intersection with Broadway, S. M., at 2406 Franklin Road. S. M., be permitte¢ to erect a sign in the area betmeen the sidewalk and the setback line on the pro- perty, which is owned by Rrs. Bryant. and agreeing to indemnify and save harmless the Citl of Roanoke from any liability resulting from the use or placing of said sign and to remove the sign math no expense to the titI if and when the city under- takes the widening of Franklin Road, the petitioners requesting the passage of a Resolution prepared by their attorney granting the said permission. Mr. Dillard moved to concur in the request and offered the following Resolution: (~13437) A RESOLUTIOH granting a permit to Stella Bryant. owner, and L. H. Austin. lessee, to install a sign on their property. (For full text of Resolution, see Resolution Book No. 23, Page 45.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded bi Rt. Mheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Mebber. Mast, Mheeler. and the President, Mr. Young ........ ?. NAYS: None .................O. REPORTS OF OFFICERS: MATER DEPARTRENY: The City Manager reported that he has been advised by the Manager of the Mater Department that the Delray System is inadequate to meet peak demands for the reason that pumping facilities at the Dnlray Street Pumping Station and the Villa Heights Pumping Station ave insufficient to hold mater storage at adequate levels in the Mashington Heights and Round Hill Reservoirs because of the increased demand on the system, that the Delray System is the fastest growing distribution area of the city, supplying about tmenty-two per cent of the total ~ater consumed in the city mater system, the City Manager concurring in the recommendation of the Manager of the Mater Department that Council authorize ,! the ~nter Department to lease a 25 x 25 foot portion of the land of Mary E. Echols located et the intersection of Thirtieth Street and Glengary Avenue. N. ~., at n rental of $25,00 per month, for the purpose of installing a temporary pumping station for twenty-six months, such temporary installation to provide time in which to study the system and nrrive at a decision for permanent facilities and to pro- vide for the installation thereof, the City Manager further advising that he has hsd the Legal Department prepare the necessary Ordinance providing for the leasing of the property and that the cost of the installation will approximate $3;$00.00, with a monthly operating cost of approximately $425.00. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: 'AN ORDINANCE authorizing and directing the City to acquire, by lease, certain property on the west side of 30th Street, N. for use by the #ater Department; and providing for an emergency. NREREAS, H. C. £chols and Rary E. Echols, owners, have offered in writing under date of July IS, 1950, to lease to the City a 25-foot square parcel of land hereinafter described upon the terms and provisions hereinafter set forth, said land to be used during the term of said lease for public purposes in con- nection with the City*s water distribution system, and the Homager of the City°s ~atev Department and the City Manager have recommended to the Council the acceptance of said offer, to become effective as a lease upon such acceptance by the City; and ~DEREAS, for the usual daily operation of the Municipal govern- ment, au emergency Is declared to exist in order that this ordinance may take effect upon its passage. THERgFORE, gE IT OgDAINED by the Conncil of the City of Roanoke that the written offer of ~. C. Echols and Mary K. Rchols, owners, to lease to the City for a term of twenty-six (26) months at a rental of $25°00 per month, payable at the end of each month of said term, a certain 25-foot square portion of the northeast corner of a 2.09 acre lot, designated as Lot No. 2520113, on the west side of ~Oth Street, N. ~., said 26omonth term to commence upon the passage.of this ordinance and to terminate at the end of twenty-six months thereafter without notice by or to either party, the City to have the right during the term of the lease to install or place on said lot any building, equipment or fixtures deemed necessary by said City and to have the right at any time prior to or within thirty (30) days after the termination of said lease to remove any of the same and, further, the City to be required to furnish and erect, and maintain during said lease, along the inside boundary of the leased premises a fence adequate to hold cows from said leased premises and, at the termination of said lease to remove such new fence and replace the same substan- tially as it existed prior to said lease and to refil any holes or excavations made On said lot by the City after the City's buildings and structures thereon are removed, as above provided. SE IT FURTHER ORDAINED that the proper City Officials be, and they are hereby, authorized and directed to enter into a formal written lease with the aforesaid owners on behalf of the City, said lease to be upon such form as is first approred bi the City Attorney and to contain, inter alia, the provisions hereinabove set forth, the monthly rental hereafter becoming due under such lease to be paid out of fonds heretofore and hereafter to be appropriated by the Council to the Mater Department. BE IT FURTDER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect from its passage and that the City Clerk forthwith transmit to the aforesaid owners an attested copy of this ordinance.~ Mrs, Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard. Hr. Nebber stated that when the Delray System Was installed, Council was informed that-it would meet the needs of the area which it serves for the foreseeab future, and, again, when the city furnished water to the General Electric Plant, Council was informed that the system was adequate. 100 In renpoese to a qnentlon from the Mayor, Mr. R. E. PI]Iow, Manager of the Mater Department. advised that no actual mater shortage has existed in this system as of this date, but that the recommendation made ia to eliminate the possibility o! · water shortage, pending a general survey and determination of permanent improve mentso The Ordinance failed by the following vote: AYES: Mrs. Pickett ............1. ~AYS: Council members Decker, Dillard, Mebbero Meat. Mkeeler. and the President, Mr. Young ................... EASEMENTS-MATER DEPARTMENT: The City Manager reported that Mrs. J. C. Jones 1401 Brooks Avenue, So E** has requested the Mater Department to furnish mater service to her property from an D-inch main located in Eefauver Road, S. ~** which mill require Mrs. Jones to construct a service line from the meter in Eefauver Road to her property across approximately 250 feet of other property located between her home and Eefauver Road, which is in violation of Rule 22 of the Rules and Regula- tions of the Mater Department, the City Manager stating that Mrs. Jones will be required and has agreed to secure the necessary easement for the line from the metez to her home, and recommended that Council waive said Rule 22 and grant the request of Mrs. Jones. Er. Mheeler moved to direct the City Attorney to prepare a Resolution granting the request of Mrs. Jones. The motion mas seconded by Mr. Meat and adopted MATER DEPARTMENT: Council at its meeting of June 300 1958, having referred to the City Manager for further study and recommendation the complaint from residents in the area of low water pressure on Round Bill, the City Manager reporte¢ that after a careful study of the condition the Manager of the Mater Department has advised him that the most satisfactory solution to the problem, if the city is to provide increased water pressure, would be the installation of additional pump- icg facilities on property presently owned by the Mater Department located on the southerly side of Drandricw Avenue, N. M.. betmeen Broad Street and Round Top Road. and the establishment Of a hem pressure system to include about forty-five lots on the top of Round Bill, which mould cost approximately $14.520.00, the City Manager advising that other than requiring the private property omner to solve the problem this is the only alternate he can suggest and that he does not recommend the installation of the pumping station. Mr. Dillard moved to concur in the report of the City Manager. The motion was seconded by Mrs. Pickett and adopted. Mr. Mebber voting no. Mr. Nheeler then moved to refer the matter bach to the City Manager for consultation uith the subdivider with a view of reaching some other solution to the problem. The motion mas seconded by Mr. Decker and adopted. EASEMENTS-MATER DEPARTMENT: The City Manager repnrted that for some years the city has been using several private roads or passageways orer property owned by Mrs. Cornelia B. Peteraon as ingress and egress to and grom its Bolllns Tank Site off of Route 11, north of the city. that it Is doubtful that the city has any rights to the use of said roads and Mrs. Peterson has agreed to convey to the city a perpetual easement and right of way for a private road extending along the ¸'6 i 6 6 i northeasterly line of a 1.139-acre tract of land ouned by her from Route 11 to the Dollins Tanh Site in exchange for the city qnitclnimlug unto Mrs. Paterson any right, title and interest which it may claim to hare in any easement, right of uny or privilege rot a roadmay, pipeline or other utility line across her other lands, the City Manager recommending acceptance of the offer. Mr. Decher moved that Council concur in the recommendation of the City Manager and that the following Ordinance be plaqed upon its first reading: (o13438) AN ORDINANCE providing for the establishment of a perpetual easement for a right of way from U. S. Route No. 11 to the City*s 2.2? acre Holli~ Tank Site property in Roanoke County and prorldin9 for the release of the City*s right, title and interest in any other right of way on certain lands adjoining said Hollins Tank Site property. WHEREAS, the City is the owner of a certain 2.27 acre tract of land in Roanoke County lying northeast of Hollins College and separated from U. S. Route No. 11 by a certain 1.139 acre tract of land omned by Mrs. Cornelia B. Paterson, who. likewise, ia the omner of other lands adjoining the City*s 2.27 acre tract on ithe southuesterly side thereof, on which said 2.2? acre tract the City has hereto- fore erected a large water tank as a part Of its public water distribution system; and MHEREAS, and the said 2.27 acre tract not abuttin9 on any public road. the City has heretofore used as an access road to its said property several private roads or passageways over certain Of the properties Of the said Mrs. Cornelia D. re*arson and other properties and has. since its acquisition of said 2.27 acre tract, claimed a full and free right to use a certain old roadway extending from the easterly corner of said 2.27 acre tract in a southeasterly direction along the northeasterly line of the 1.13q acre tract Of Mrs. Cornelia Bo Paterson. aforesaid; and WHEREAS, it is the desire of the City and of the said Mrs. Cornelia B. Peterson that a definite right of way be established for the Cityts use in con- nection with its ownership and use Of the 2.27 acre tract Of land aforesaid and the said Mrs. Cornelia R. Peterson hasoffered and agreed, through her attorney, E. 6riffith Dodson, Jr., Esquire. to confirm, establish and convey to the City a perpetual easement.for a right of way over said 1.139 acre tract.upon the terms and conditions hereinafter set forth, provided, however, that the City will contem- iporaneously with its acquisition of such easement release, quitclaim and convey to the said Mrs. Cornelia B. Paterson any right, title and interest which the said City may have, or claim to have. in, over or upon any of the other lands of the said Rrm. Cornelia R..Peterson or herhusband abutting said City*s 2.2? acre tract. THEREFORE, DE XT ORDAINED by the Council of the City of Roanoke that the aforesaid offer of Mrs. Cornelia B. Paterson, ownerof certain lands abutting the City*s 2.27 acre Holltns Tank Site property be. and the same is hereby, accepted; that the proper City Officials be. and they are hereby, authorized and directed. for and on behalf of the City, to accept from Mrs. Cornelia B. Peterson, and there- after cause to be properly recorded, a proper deed conveying to the City a perpetual easement and right of way for a private road or roadmay extending along the 101 102 northeasterly line of that certain 1.139 acre tract of land of the said grantor in a northwesterly direction from the meat side or D, S, Route No. 11 northeast of NoIIIou College. ia go~ohe County. to abe easterly corner of the Cltyta 2.27 acre Holllns Tank Site property, with the full. free and exclusive right in the said party of the second part to construct, maintain, repair and use a private road or passagemay, water, gas, electric or telephone lines and other utility lines, end the right to fence the right of may and to erect and maintain at the end or ends thereof a loched gate or gates, the width Of the said right of way to be 20.0 feet except at the northwesterly end thereof, which shall be 25.0 feet, the exact location and boundary of said right of may to be as shown on Plan No. $8-29, entitled Plat Showln9 Easement Through Property of Cornelia D. Peterson. prepared by the City's Rater Department under date of July 23, 1958. BE IT FURTHER ORDAINED that the proper City Officials be. and they are hereby, authorized and directed, for and on behalf of the City. to Join in the execution of the aforesaid deed of conveyance with the said Mrs. Cornelia D. Peterson and her husband for the purpose of releasing, quitclaiming and conveying to the said Mrs. Cornelia D. Paterson all of the City's rights, title and interest which it may have or claim to have in any easement, right or privilege for a roadway, pipeline or other utility line across, over or through any other land of the said Mrs. Cornelia B, Paterson or of her husband adjoining the aforesaid 2.27 acre tract of the said City and lying between said 2,27 acre tract and the Lee Highway, U. 5. Route No. Il, or between said tract and the Rollins College, or *Cocke#, Cemetery road to the southmost of said tract; provided in both of the aforesaid instances that the deed of conveyance and the deed of release shall have been first approved as to form by the City Attorney. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett. Webber. Rest, Rheeler. and the President. Mr. Youn9 ........... ?. NAYS: None ................ O. JUVENILE AND DOMESTIC RELATIONS COURT: Council having previously provided for the separation of the Juvenile and Domestic Relations Court and the Juvenile Detention Home, the City Manager reported that he has made a careful study of properties available for use by the Juvenile and Domestic Relations Court and has secured a tentative agreement from Mr. Leo F. Renebry for a 2-year lease On pro- perty owned by him at 101 Albemarle Avenue, S. E., at a rental of $250.00 per month, with an annual option for renewal thereafter and provision for a 60-day notice of cancellation at the end of any rental period, the City Manager advising that the property is in excellent shape, is reasonably accessible to citizens of the commnnity and in his opinion is adequate for the needs of the Juvenile and Domestic Relations Court; therefore, he recommeeded that Council authorize the leasing of the property. Mr. Nebher moved to table the matter until the next regalar meeting of Council. Zhe motion was seconded by Mr. Dillard and adopted. EASSMENTS*SYORM DRAINS°BRIDGES: .The City Manager reported that the ease- ment rot n stgrm drain over property of the Roanoke County School Board, authorized by Council under Ordinance fiD. 13402, adopted on June 16, 1950, bas not been acquired for the reason that the School 8nard would prefer not to grant the easement and feels that an easement across the adjoining property of Mr. H. C. Eversole would be more suitable for the drain in connection mith the Liberty Road - Mandy Road Underpass, in which the City Manager concurs, the City Manager advising that Mr, Eversole bas given an option to the city for a 15-foot mide easement along the rear Of his property extending a distance of 416.70 feet at a consideration of $200,00, which the City Manager recommended be acquired. Mr. Nebber moved to direct the City Attorney to prepare an Ordinance acquiring the easement from Mr. Eversole as recommended by the City Manager. The motion mas seconded by Mr. Decker and adopted, SIDEWALK, CURB AND UUTTER-SYREETS AN~ ALLEYS: The City Manager reported that Mr. J. Cutchin Hodges, et al., have offered to convey to the City of Roanoke a In-foot strip of land along their property fronting on Wllliamson Road, N, and on Bershberger Road, N. W., lying adjacent to the property of The Atlantio Refining Company at the intersection of Nilliamson Road and Herahberger Road, N. W., being Lets 3, 4. 5, ]9 and 20, Block 2, /irlee Court, for street widening purposes, the consideration bain9 that the city mill do the necessary street widening and construct sidewalk, curb and gutter along their properties, both on Williamson Road and Hershberger Road, the City Manager recommending that Council accept the offer. Mr. Nheeler moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare the proper Ordinance providing for the acceptance of the offer of Mr. J. Cutchlfl Budges, et al., as recommended by the City Manager. The motion Mas seconded by Mr. Decker and adopted, the President. Mr. Young, voting no. STREETS Ar/l) ALLEYS; Council at its meeting of January 13, 1950, having directed the City Manager to advise the body of the estimated cost of necessary land for the widening and relocation of Mhiteside Street, N. E., as proposed by the City Planning Commission, and the estimated construction cost in connection therewith, the City Manager submitted his report, advising that it sill be.necessar to acquire five parcels of land from the following owners: Do M. Mebb, $3,285.00; M. i. Booth, $2,500.00; L & F Building Company, Incorporated, $1,562.50; C. F. Kefauver, no cost; and T. M. Wllkerson, $2,475.00, the total cost for land being $~,822.50, and the estimated cost of construction for the relocation and widening of Whiteside Street, N. E.. as proposed, being $0.400.00, making a grand total of $18,222.50, the City Manager recommending that Council acquire the~necessary pro- perty at this time and consider along with.its lg5g budget the appropriation of necessary funds for the construction required. Mr. Webber moved to concur in the recommendation of the City manager and to direct the City Attorney to prepare the proper Ordinance providing for the purchase of the land required, the matter of appropriating funds for the necessary construction to be considered along with the 1~59 budget. The motion was seconded by Mr. Rbeeler and adopted. 103 104 TRAFFIC-GRADE CROSSINGS-STREETS AND ALLEYS: Council ut its meeting of June 30. 1950, having adopted Resolution No. 13400, authorizing aa engineering restudy Of the downtown area In the vicinity of Tuzemell Arcane, So Eo, to obtain certain Information with respect to the possible elimination of the Tzzemell Avenue grade crossing in connection with the proposed relocation of U. S. Route 220, sooth of Hunter Memorial Bridge, which Resolution authorized the City Manager, in the accomplishment of the survey, to employ, outside of their regular office hours of work for the city, certain regular city employees, the City Manager reported that approximately thirty-five per cent of the work of the resurvey mas accomplished by employees of the Engineering Department of the City of Roanoke )flor to the effective date of the Resolution and that the City Auditor has advised he cannot pay for the work accomplished prior to the effective date of the Resolutlo the City Manager, therefore, requesting that Council adopt a Resolution authorizing payment to the city employees for time marked on the project prior to June 30, 1950. Mr. Webber moved to direct the City Attorney to prepare a Resolution carry- ing out the recommendation of the City Manager. The motion was seconded by Mrs. Pickett and adopted. OUDGEZ-CLERK OF THE COURTS: The City Manager requested an appropriation Of $5?.00 to provide for the purchase of a numbering machine for the office of the Clerk of the Courts. Hr. Wheeler moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#13439) AN ORDINANCE to amend and reordain Section n144, *Departmental Equipment and Improvements', of the 1958 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 23, Page 45.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Nehber, Nest, Wheeler, and the President, Hr. Young ............ NAYS: None .................O. POLICE DEPARYRENT: The City Manager reported that authority contained in o Resolution heretofore adopted for the payment of the salary of Patrolman Joseph B. King of the Police Department, who was injured in line of duty. Mill expire on August 2, 1958, that Patrolman King Is still unable to return to his duties, and requested the adoption of a Resolution extending for sixty days the time during which Patrolman King may receJre his full compensation. Mr. Nest moved to concur in the request of the City Manager and offered the following Resolution: (a13440) A RESOLUTION directing that Joseph B. King, a member of the Police Department, be paid his regular salary for a period of sixty days beginning August 3, 1958. [For full text of Resolution, see Resolution Book No. 23. Page 46.) Mr. West moved the adoption of the Resolution. The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Mebber, Vest. Yheeler. and the President,' Mr. Young ........ ?. NAYS: Rone ............. ~0--0~ BUDGET-CITY SZROEARY-pENSIONS~ The City ~anager preseoted c request of Hr, Edgar L. Minstead. City,Sergeant, rot an appropriation~of $150,O0 for the pur- pose of making sa actuarial study of his office with a view of including the employees therein under the Virginia Supplemental Retirement System. as authorized at the last session of the General Assembly of Virginia, advising that the City Sergeaat*soffice is the only office in the city not covered under the Employees' Retirement System of the City of Roanoke and that before actusl coverage in the Virginia Supplemental Retirement System is permitted the matter will have to be brought back to Council for its concurrence. Mr. Mebber moved to concur in the request and offered the following emergency Ordinance: (m13441) AN ORDINANCE to amend and reordain Section alS, 'Retirements", of the 1950 Appropriation Ordinance; and providing for an emergency. (For full text of Ordinance, aec Ordinance Book No. 23, Page Mr. Mebber moved the adoption Of the Ordinance. The motion mas seconded by Mr. Mheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pichett,,Mebber, Meat, ~heelee, and the President, Mr. Young ........ ?. NAYS: None ................. O. APPOINTMENTS-HEALTH DEPARTMENT: The City Manager reported the appointment of Dr. Margaret 61endy as Commissioner of Health for the City of Roanoke, effective August 1, 1959. The report was ordered filed. APPOINTMENTS-CITY MANAGERs The City Manager reported the appointment of Mr. Barry R. Evans as Administrative Assistant to the City Managere effective August 10,1959. The report was ordered.filed. SEWAGE DXSPOSAL: The City Manager submitted a reportof Alvard, Burdich and Damson, Conaulting Eoginecrs~ covering the adequacy of the Sewage Treatment Plant of the City of Roanoke and making recommendation for certain extensions and improvements to said plant. Mr. Mheeler moved to refer the report to a committee, composed of Reasra. Roy L.'Mebber; Chairman; Malter.L. Young, Arthur S. Omens and Randolph O. Mhittle for study and recommendation. The motion mas seconded.by Mrs. Pickett and adopted. BUDGET-DEPARTMENT OF PUBLIC MELFARE: The City Manager reportedthat in compliance with a directive of. Council, he has consulted mithRr. Claude DJcherson,.Contract Pharmacist of.the City of Roanoke, in an effort to reach an agreement.for an increase from $2,400.00 per annam to $2.700,00 per annum as the rate for his servicea0.and:has been advised by Mr. Dickersoo that he will.not be satisfied with less than $3,300.00 per.annam as originally requested, the City Manager suggesting that the increase become effective July 1, 1950. Mr. Mheeler moved to refer the matter bact to the City Manager for further study and recommendation. The motion mas seconded by Mr. Dillard and adopted. 105 BUDGET-DEPART#ENT OF PUBLIC EORKS: The City Rsneger reported that he has been advised by Hr. John L. Mentworth, Director of Public Works, that the work load on the Engineering Department has increased to such an extent that the employ- ment of an additional draftsman is necessary at this time end recommended that Council authorize the employment of such an additional draftsman, effective August 1, 195§, by the appropriation of $1o$?$.00 rot the payment of the salary of the draftsman, mhich is under Salary Croup 10 in the Salary und Wage Plan of the city. Hr. Dillard moved to table the request for consideration along with the lgSq budget study. The motion was seconded by Hr. West. Mr. Webber offered as n substitute motion the following emergency Ordinance: (z13442) AN ORDINANCE to amend and reordain Section x80, *Engineering Services** of the 1950 Appropriation Ordinance, and providing for ac emergency. (For full text of Ordinance, see Ordinance Hook No. 23,.Page 47.) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Pichett, Mebber, Mest, Wheeler, and the President, Mr. Young ................ 5. HAYS: Mr. Dillard ........~-1o SYREETS AND ALLEYS: Council at its meeting of June 16, 195U, upon receipt of a petition from Mr. Lee Keedich, requesting that an alley extending U6.947 feet from the south llne of Hullitt Avenue, S. W., in a southerly direction, parallel to and 133.93 feet westerly from Jefferson Street, and thence 04.05 feet in an easterly direction to a dead end, be vacated, discontinued and closed, having directed the City Attorney to advise whether or not Council has the authority either to close the said alley or dispose of it by sale, the City Attorney submittel an opinion, in which he advised that the alley constitutes an easement serving the )ubiic and the owners of the veal estate through which it runs or upon which it borders and.Council, in its discretion, may close the alley, but that thecity does not hold a title therein which would enable it to convey it unto a purchaser. Mr. Dillard moved to table the matter until the next regular meeting of Council and to request the attorney for the petitioner to be present at said meeting for a discussion h connection with the petition. The motion was seconded by Rt. Eheeler and adopted. REPORTS OF COMMITTEES: BRIDGES: Council at itsmeeting of July 14, 1q58, having referred to a committee composed of Messrs. Arthur S. Owens, Chairman, John L. Wentworth and Harry F. Smith for tabulation, study and recommendation bids received for the constrnction Of a concrete underpass and murk related thereto under the Norfolk and Mestern Railmay tracks at Mundy Road - Liberty Road, N. E.,'the committee submitted its report and tabulation with the recommendation that the total low bid of Ralph E. Rills Company, Incorporated, in the amount of $161,1U0.05, be accepted and that all other bids be rejected. ~r. ;~hee~er.wov~d t° ~oncur ~n th? recommendation.of th~ copmSt, tee and to dire~ .t~? Ci~ ~tte~ne~ to prepa~~ t~e p~op~r ~eso~ti0n.~ccepting t~e low bid ef.Ralp~ ~. #~lla Com~uny. ~ncorporu~e~ la tbs amount of $!61.1~0.05. ~he merles uaw s~c0nded by Hr. Billsrd and odopted. ~NFINIS~ED BUSINESS: PAR£S A~D PLAYGROUM~S: Council et its meeting of ~1y.14~,1958, having referred to the City Planning Commission for study and recommendation the request of Mr. Rob~r~ ,. Ragland that the ci.t! consey to him a triangular strip of land along the side of his property described Os Lot 22. Oloch 1. Section 1. Fralin Park. in exchange for a_tri~ugular strip of land in the rear of his property, the City Planning Commi. ssion submitted its report..advising.that since Hr. Ragland wishes to use the triangular strip of land. which.he has requested be conveyed to him. for the location of a utility easement, and that sin!e, in the opinion of the Commission. the exchange of 'land requested would not Cause any inconvenience to the public or any person, the Commission recommends granting the request. Mr. Decker moved to direct the City Attorney to prepare the proper Ordinance providing for the transfer of the property as recommended. The motion was seconded iby NFS. Pickett and adopted. ZONING: Council at its nesting of July 14. 195~. having held a public hearing on the request of Mr. Ambler ~. ~ebb. et al.. that a tract of land contain- ing 3.11 acres, located on Mhiteside Street. N. £.. be rezoned from General Residence District to Light Industrial District, and the matter haying been laid ever until the next regular meetin9 Of Council, Mr. Mheeler moved that the following Ordinance be placed upon its first reading: (m13443) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke. 1956, in relation to Zoning. MHERRAS, application has been made to the Council of the City of Roanoke to have a tract of land containing 3.11 acres, located on ~hiteside Street. N. E., designated as Official Tax ~oo 3150109 and the northwesterly portlo~ of Official Tax No. 3150103. rezoned from numeral Residence District to Business District or Light Industrial District; and ~RERRAS, the City Planning Commission has recommended that the above parcel of land be rozoned from General Residence District to Light Industrial District; and NRRR£AS. notice required by Title IV. Chapter 4. Section 43. of The Code of the City Of Roanoke. 1956. relating to Zoning, has been published in *The Roanoke Norld-News#, a newspaper published in the City of Roanoke, for the time required by said section; and ~HER£AS, the hearing as prorlded for in said notice published in the said newspaper was he,d.on, the 14th day or, July. 195~, at 2:00 o*clock, p. m., before · the Council of the City of Roanoke in the Council Chamber in the ~unictpal Building. at which hearing property owners and other interested parties in the affected area were given an oppe~tunity to be.heard, bo~h for and against the;Pr0Posed rezoning; and 107 108 · ~SREAS, this Council. after considering the erideace presented, la of the opinion that the above parcel of land should be rezoocd to Light Industrial District as recommended by said City Planning Commissiou and as requested, Ia the alternative by the applicant. TBEREFORE, BK IT ORDAINED by the Council of the City of Roanoke that Title IV, Chapter 4, Section 1, of The Code or the C~ty of Roanoke, 1956, relating to Zoning, be amended and reenacted In the following particular and no other, viz.: Property located on Mhiteside Street. N. E** described as follows: BEGINNING at a point on the northwest side of Nhiteside Street, N. E.. at its inter- section with the southerly side of a IS-foot alley; thence along the northwest aide of Mhiteslde Street, N. E,, S. 37° 57' M, 176.09 feet to a point on same; thence continuing along MhJteside Street. N, E.. S. 43° 177.15 feet to a point on same; thence the following six coursea along the northwest side of Nhiteside Street, N. E., to a point on same: S, 41° 53* N, 94.68 feet. S. 41° 01' M. 64.08 feet to a point; thence S. 39° 57* M. 51.0 feet to a point; S. 36° 59* M. 51.35 feet to a point, S. 34° 52* M. 75.60 feet to a point, S. 66° 51' M. 43.54 feet to a point on an alley; thence N. 40o 36' M. 470.3 feet along the easterly side of an alley which runs in a north and south direction to a point on a IS-foot alley which runs in an east and west direction; thence N. 84° 22' 526.25 feet to the place ~ BEGINNING, compris- ing approximately 3.111 acres, designated on Sheet 315 of the Zoning Map as Official Tax No. 3155109 and the northwesterly portion of Official Tax No. 3150103, be. and is hereby changed from General Residence District to Light Industrial District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Kebber, Kest, Wheeler, and the President, Mr. Young ........ 7. NAYS: None ................. O. TRAFFIC: Council at its meeting of June 30, 1955, having directed the City Attorney to advise the body whether or not it could lawfully rezone property upon the petition of other than the omner, and having directed the City Manager to make a study of the traffic conditions off Main Street. S. M., and advise Council of the effect of the business use of property located on the northeast corner of Main Street and ~indsor Avenue, S. M.. both in connection with a petition of citizens of the Stratford Court area. requesting that Lo~s 3 and 4. Block 10, Stratford Court, be rezoned from Business District to General Residence District, the City Attorney presented his opinion, in which he advised Council as follows: "Zoning is not static, and zoning restrictions are subject to change. Thus a municipality may amend its zoning ordinance whenever it deems conditions warrant such change. The power of a municipality to alter or revoke its zoning ordinance is plenary and is inherent in the grant*of legislative power. A change of zone by a local legislative body is the exercise of a legis- lative function, as to which that body is endowed with a wide and liberal discretion. Statutory authority to divide a municipality into zoning districts implies power to change the distrlcta. However, it is sumed that the original zoning districts were well planned and arranged and were intended to be more or less permanent, and before rezoning it must be shown that there was sowe mistake In the original zoning or tbat conditions In the neighborhood have changed so as to warrant rezonlng, Existing facts, not probable future changes, control the zoning classiflcakion. And an organized neighborhood desire for rezening, without more, is insufficient to justify rezoning. .If there was a mistake in the original zoning or changed conditions marrant rezoning, a property owner enjoys no vested right to a zoning use classification of property by un ordinance, Rezoning is valid if it is reasonable, and Invalid if it Is unreasonable and The City Manager advised that he has caused to be made a study of traffic in the area and is of tie opinion that the use or the lots in question for business )urposes would have an infinitesimal effect on the traffic. The City Clerk presented a communication from Mr. Raymond P. Barnes. Attorney for the petitioners in ~he'matter. urging that Council grant their request rot rezonlng Of the property to General Residence District'in order to prevent its use for business. Mr. Joh~ R. Menneti, Jr., Attorney for Mr. ~. Price Fields. uho'has an option to purchase Lots 2. 3 and 4. Block 10. Slratford Court, and Rt. J. A.'Beyerl~ ~wner of said property, presented a communication, objecting to the rezoaing of the property'as requested by the citizens of the area and requesting that Lot 2, Block 10, Stratford Court, be rezoned from Ceneral ResidEnce District to Business District. ~r. Iheeler moved to refer the petition for rezoning Lots 3 and 4, Block IO0 Stratford Court. from Business District to Ceneral Residence District, and the request for rezenJng Lot 2, Block 10, Stratford Court, from General Residence District to Business District. to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Decker and adopted. CONSIDERATION OF CLAIRS: NONE. INTROOUC~ION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-MAHER FIELD: Ordinance No. 13421. appropriating $3.500.00 for the ~urchase of the remaining assets Of Roanoke Baseball. I~corporated. having ~reviously been before Council ~r its first reading, read and laid over. was again before the body. Mr. Rheeler offering the following for its second reading and final adoption: (x!3421) AN ORDINANCE to amend and reordain Section ~!44. "Departmental Equipment and Improvements". of the 19S8 Appropriation Ordinance. (For full text of Ordinance~ see Ordinance Book No. 23. Page 44.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council 'members Decker, Dillard, Pickett, and Rheeler .......... 4. NAYS: Council members Rebber. Rest. and the President. Mr. Young .....3. RARER FIELD: Council at its meeting of July 14, 1958,' having directed the preparation of a Resolution authorizing the proper city officials to purchase all of the remaining assets of Roanoke Baseball. Incorporated. which are subject to a federal government tax 'lien and are actually available, Mr. Rheeler offered the following Resolution': (~13444) A RESOLUTION authorizing the City Manager to offer to p~rchase certain property formerly belonging to Roanoke Baseball, Incorporated. (For full text of Resolution, see Resolution Book No. 23. Page 47.) ~109 110 Wt. Wheeler moved the adoption or the Resolution. The notion was seconded by Mr. Decker and adopted by.the foil,ming vote: . AYES: COuncil members Decker, Dillard, Pickett, nad When/er ...........--4. NAYS: Council members Webber, West, and the President. Mr. Young ....... 3. PURCHASE OF PROPERTY-PARES AND PLAYGROUNDS-STREETS AND ALLEYS: Council ut its meeting of July 14, 1950o having directed the prepurutton of a Resolution providing for the acquisition of a parcel of land lying along Roan,to River, mest of Franklin Road Bridge, from Ellen Mae Carter, et al., et a cost of $4,950.00, Mr. Decker offered the following Resolution: (Zl3445) A RESOLUTION incidental to the acquisition of certain land to be used for the extension of Wiley Drive. S. l.. heretofore authorized to be acquired by the City. (For full text of Resolution, see Resolution Book No. 23. Page dO.) Mr. Decker moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, and West ...............4. NAYS: Council members Webber. Wheeler. and the President. Mr. Young ....3, At thls point, Wt. West asked to bo excused and left the ~eeting. AIRPORT: Mr. Webber offered the following Resolution authorizing the City Manager to enter into a Grant Agreement with the United States Civil Aeronautics Administration for a construction project in ~onnection with the Roanoke Municipal Airport: (g13446) A RESOLUTION ratifyin9 and adopting the City's ProJ oct Applica- tion of July 3, 19Sg; accepting the Grant Offer issued thereon; authorizing the City Manager to execute said Grant Agreement as evidence of the City's acceptacce thereof; authorizing the City Clerk to attest such execution and to affix the City's seal thereto; and authorizing the City Attorney to execute the requisite certificates. (For full text of Resolution, see Resolution Book No. 23. Page 49.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, Webber, Rheeler, and the President, Mr. Young ................... NAYS: None .................... O. (Mr. West absent) STATE HIGIIWAYS: Council at its meeting of July 14, 1958, having directed the preparation Of an Ordin'ance providing for the participation by the city in the amount Of fifty per cent Of an estimated cost of $2,500.00 for u survey and development of plans to provide for four lanes on Route 117 where it lies through the city, Hr. Decker Offered the following emergency Ordinance: (m13447) AN ORDINANCE providing for the preparation of a survey and plan development for the provision of four traffic lanes on State Route No. 117 in the City of Roanoke; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 53.) Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the foil,uSnr vote: AYES: Council members Decker, Dillard, Pickett, Mebbero Mheeler, and the President, Mr. Young .................. NAYS: None ...................O. (Mr. Rest absent) SIGNS: Council at its meeting of July 14, 1958, having directed the preparation of a Resolution granting to Self S~rvlce Stations, Incorporated, n permit to erect a sign on city property in front of its property located on the northeust corner of Belrose Avenue and Nineteenth Street, N. M** #r.~Diilard offered the folloming Resolution: (z!3448) A RESOLUTION granting a permit to Self-Service Stations, Incorporated. to install a sign on City property. (For full text of Resolution. see Resolution Book No. 23. Page 54.) Hr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council numbers Decker. Dillard. Rubber. Rheeler, and the President Mr. Young ................... $. NAYS: Mrs. Pickett ........!. (Mr. West absent) SIGNS-STREETS AND ALLEYS: Council at its meeting of July Id. 1958, having directed the preparation of an Ordinance authorizing the Gulf Oil Corpora- tion, lessee, and Mr. Blair A. Riley, owner, to construct certain appurtenances to a filling station in the setback area of property located on the southeast corner of Shenandoah Avenue and Twenty-fifth Street, N. M., Mr. Wheeler moved that the follouing Ordinance be placed upon its first reading: (~13449) AN ORDINANCE authorizing Blair A. Riley, owner, and Gulf Oil Corporation, lessee, to construct certain temporary encroachments over a building setback line heretofore established pursuant to Ordinance No. 12694 along a portion of the south side of Shenandoah Avenue,.N. WttEREAS, Ordinance No. 12694 heretofore adopted on the 2nd day of April, 1956. established setback lines on the northerly and southerly sides of Shenandoah Avenue, No R., from 24th Street to the west corporate, limits of the City. said setback lines being.parallel to and 40.0-feet northerly and southerly from the established center line of said street so as to provide for an on-foot wide street, said ordinance providing that no building thereafter erected on any lot abutting said street should extend over the setback lines established by said ordinance; and MHEREAS, Blair A. Riley, owner, and Gulf Oil Corporation, lessee, have petitioned the Council in writing for a temporary permit to install one gasoline service station pump island, 4 feet by 17 feet, equipped uith three pumps and one fluorescent island light and an identification sign of the said Gulf Oil Corporation in the area on Lots !1, 12 and 13, Section 14, Rap of Runnymede, between the present south line of Shenandoah Avenue and the southerly setback line above-mentioned, agreeing in their application that should the City hereafter require the removal of said pump island and sign from said area, such removal uill be done by the applicants at np cost. to the City. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Blair A. Riley and Gulf Oil Corporation, owner and lessee, respectively, of the property hereinafter mentioned, be. and. they are hereby, granted temporary 111 't:~2 permission end license to construct one gasoline service station pump island, 4 feet by 17 feet, equipped with three pumps tad one fluorescent island light and as identification sign of the said Gulf Oil Corporation la the area on Lots 12 and 13, Section 14, according to the Map of Eunnymede. lying between the south line of Shenandoah Avenue. N. ~., abutting said lots and the setback line heretofore established on the south side of Shenandoah Avenue. N. ~., pursuant to Ordinance No..12694, adopted on the 2nd day of April. 1956. nil as shown on a certain blue print of Gulf Oil Corporation numbered P C - 271. on file in the Office of the City Clerk. said license to be exercised by said licensees on the following terms and conditions, to-wit: 1. That all.other pertinent building and use regulations of the City applicable to the equipment, fixtures or improvements hereJnabove mentioned and authorized to be constructed, shall be observed and complied with by the licensees hereunderl 2. That the authority or permission herein granted shall be held and ' deemed to be a Iiceose merely and shall be revokable at any time hereafter by the Council and that when and if the Council should hereafter revoke such license. the said licensees will promptly, upon notice of such revocation, remove said fixtures, equipment and improvements from said setback area without cost to the City; mod 3. That the terns of this ordinance shall be inoperative until the legal owner of the a/oresaid lots shall have signed the original and at least one attested copy of this ordinance in the City Clerk's Office. and acknowledged the same in such fora to be recordable in the Office of the local Clerk of Courts. evidencing the consent and agreement of such owner, his heirs or assigns, to the terms and provisions hereof. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett, Nebber. ~heeler, and the President. Mr. Young .................... NAYS: None .........................O. (Er. ~est absent) POLICE UEPARZMENT: Council at its meeting of July 14. 1958, ha~ing directed the preparation of a Resolution authorizing the City Manager to lend to the Fraternal Order of Police a truck and bulldozer for use in the development of a camp site for boys in Roanoke County. Mr. Eheeler offered the following Resolution: (a13450) A RESOLUTION authorizing the use of certain City equipment in the derelopment of a camp site for boys in Roanoke County. (For full text of Resolution. see Resolution Book No. 23. Page Mr. ~heeler moved the adoption of the Resolution. The motion ~s seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett. Robber, Wheeler. and the President. Mr. Young .................... NAYS: None ..........~ .......... O. (Er. West absent) STREETS AND ALLEYS: Council at its meeting of Jane 16, 1958. having directed the preparation of the necessary papers to institute proceedings fSr vacating a portion of Staunton Avenue, N. E., extending from Fifth Street, N. enstmard to the Washington Park property, and an alley extending from said portion of Staunton Avenue. N. M., northmard to the [ashJngton Park property. Rrm. Pickett offered the following Re~oluti~n~ (x13451} A RESOLUTION providing for the permanent closing, vncn~ing. discontinuing and abandonment of that portion of Staunton Avenue, N, extending from 5th Street. N~ ¥.. in an easterly direction nppronimately 296.2 feet to Nashington ~a~k. and, also. a Ia-foot wide alley entendJn9 northerly from said street approximately ROI.BO feet to ~ashlngton Park. (For full tent of Resolution. see Resolution Book No. 23. P~ge mrs. Pickett moved the adoption of the Resolution. The motion wes seconded by Mr. Decker and ad~pted by the follouing vote: AYES: Council ~ember~ Docker. Dillard. Pickett. Rebbero Rheeler. and the President. Mr. Youn9 ........................ NAYS: None .............................O. (Rt. West absent) SEWAGE DXSPBSAL: Mr. Webber stated that the committee composed of himself, as Chairman, Messrs. Walter L. Young, Arthur S. Owens and Randolph Whittle, in submitting its reports in connection with the requests of the Town of Salem*for amendmen~ to the contract of October 16, 1953, dealJn~ with the treatment of domestic an~ commercial uastes, to include certain areas iying in Roanoke County, said amendments being covered by Resolution Nos. 13391 and subsequently adopted by Council, erred in the Resolutions as presented by includin! therein provision for a fifty per cent surcharge on the rates, there'having been a previous agreement between the City of Roanoke and the Toun of'S~lem providing for such a fifty per cent ~urcbarge only to the areas lying along Route 11, westward of the Town of Salem. in which area neither of the two areas covered by the Resolutions in question are included. =nd that. consequently, the committee has had prepared Resolutions correcting this condition, uhich the committee 'is presenting to Council, recommending adoption. Mr. Wheeler offered the following Resolution repealing Resolution No. l~3gl: (~1'3452) A RESOLUTION repealing Resolution No. 13~gl. (For full text of Resolution, see Resolution Book No. 23. Page Mr. ~heeler moved the adoption of the Resolution. The motJo~ was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, D'illard. Pickett. Rebber, Wheeler. and the President, Mr. Young ........ ~-~ ..... ~-6. NAYS: Noae ....................... O. (Mr. West absent) 'Mr~ Wheeler then offdred the following Resolution replacing Resolution No. 13391: (x13453} A RESOLUTION a~ending the contract of October 16, 1953, between the City of Roanoke and the Town of Salem dealing ~ith the treatment of domestic and commercial uastes. (For full text of Resolution. see Resolution Rook No. 23. Page $$.) Mr. Wheeler moved the ~optisn of the Resolution. The motion mas seconded by Mr. Decker and adopted by the following vote: 113 AYES: Council members Decker, Dillard, Pickett, Nebber, Nheeler. and the President, Mr. Young .................. ~AYS: None ....................... O. (Mr. Nest absent) Hr. Nheeler offered the following Resolution repealing Resolution No. 13392: (xi~45~) A RESOLUTIO~ repealing Resolution No. 13392. (For fall text of Resolution, see Resolutl~; ~ook No. 23, Page Mr. Wheeler moved the adoption Of the Resolution. The motion Was seconded by MF. Decker and adopted by the folio;lng vote: AYES: Councl~ members Decker, Dillard, Piciett, Webber. Nheeler, and the President. Br. Young~ .......................... 6. NAYS: None ................................O. (Mr, West absent) BFS~ Pickett then offered the following Resolution replacing Pesoluticn No. 13392: (x1345§) A RESOLUTION amending the contract of October 16. 1953. between the City of Roanoke and the Town of Salem dealing with the treatment of domestic and commercial ua~tes. (For full text of Resolution. see Resolution Book No. 23. Page 58.) RFS. Pickett moved the adoption of the Resolution. The motion uss seconded by Mr. Mbeeler and adopted by the following vote: AYES: Council members Decker. Pickett. ~ebber. Rheeler. and the President. Mr. Young ................. 5. ~AYS: Mr. Dillard ...........1. (Dr. Nest absent) BUdDET-STATE IIIBIIMAYS: Council by Ordinance No. 13447, heretofore adopted, having provided for the preparation of a survey and plan development on State Route No. 117, the city to bear one-half of the estimated cost of $2.500.00. Mr. Wheeler offered the following emergency Ordinance appropriating the necessary funds therefor: (x1345b) AN ORDINANCE to amen~ and reordain Section si40, "Street Constr'uction", of the 1958 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page Mr. Nheeler mo~ed the~doption of the Ordinance. The motion was seconded by Mr. Decker' and adopted by the following vote: AYES: Council members Decker. Dillard, Pickett, ~ebber, Mheeler, and the President, Mr. Young ..................... 6. NAYS: None ......................O. (Mr. Nest absent) BOTIONS AND MISCELLANEOUS BUSINESS: QUALIFICATIONS: The City'Clerk'reported the qualification of Mr. S. R. H~dson as a member of the Board of Trustees of the Employees' Retirement System.for a term of four years beginning July 1, 1950; Messrs. Richard T. Edwards and Clarence M. Ha~kias as members of the Roanoke City School Board for terms of three iyears each beginning July 1, 1958; and Mr. Frank M. Rogers and Mrs. Elizabeth M. Dreury as members of the Board of Directors of the Roanoke Public Library for terms of {hree years e~cb ending June 30. 1961. ,I The report ue$ ordered filed. There being no further business, Council adJourned. APPROVED COUNCIL, REGULAR MEETING, Moudsy, August 11, 1956. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, August 11, 1959, at 2tO0 o'clock, p, the regular meeting hour, with the President, Mr, Young, presiding. PRESENT: Council members Dec,er, Dillard, Pickett, Mebber, Meat, Mheeler, and the President, Mr. Young ........... ABSENT: None .................. OFFICERS PRESENT: Mr. Arthur S. Oweos, City Manager, Mr. Randolph Mhittle, City Attorney, Mr. Harry R. Yarns, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Revereod Robert L. Tressler, Associate Pastor, Greene Memorial Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, July 28, lgS~, having been furnished each member of Council, upon motion of Mr. Mheeler, seconded by Mr. ~est and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: · ATER DEPARTMENT: Mr. O. D. Nichols, 3536 Yellow #ountoiA Hood, S. E., appeared before Council and requested that the body reconsider his claim for damages to his water system in Garden City and his offe~ of October 27, 1955. to sell the City of Roanoke rights to mater flowing from a spring on his property for $?,000.00, under certain conditions, which offer was rejected by Council at its meeting of November 7, 1955, Mr. Nichols again stating that he had been promisel by the City Manager that he would be reimbursed for damages to his water system by reason of the city furnishin9 water to the area after the 1949 annexation, that he had secured rights of way or a franchise from the County of Roanoke for instal- latio~ of his water mains in the streets of the area ubile it was still in the county, and that the city by installing its water system in the area had usurped his rights thus obtained, Mr. Nichols stating that he feels Council should authorize payment for damages to him. Mr. Dillard moved to refer the matter to the City Attorney for study and report to Council. The motion was seconded by Mr. ~heeler and adopted. PETITIONS AND COMMUNICATIONS: SIGNS: The City Clerk presented a communication from Mr. Arthur E. Smith, Attorney for Mrs. Stella Bryant and Mr. L. H. Austin, a/vising that subsequent to the adoption of Resolution No. 13437 on the 20th day of July, 1950, granting a permit to Mrs. Bryant, owner, and Mr. Austin, lessee, to install a sign on their property located at 2406 Franklin Road, S. M., in the area betmeen the street line and a setback line, it has been determined that the area in which it is proposed to erect the sign is omned by the city as a portion of an SO-foot street right Of way, and requesting that Council adopt an Ordinance granting permission to Mrs. Bryant and Mr. Austin to erect the sign in the street right of way 11.2 feet back from the curb line. mhich is the site proposed in their original request, Mr. Smith advising that he has prepared an Ordinance providing therefor. Hr. Dillard Bored that Council concur in the request and thai the following Ordinance be placed upon its first readings (e134~7) AN 0HDINANCE granting n temporary permit to L. H. Austin and Stalls Bryant to install a sign on City property, and repealing Resolution No. 13437, adopted by the Ceuncll on the 2~th day of July, 19S8. WHEREAS, L. B. Austin end Stalls Bryant have requested a permit to locate a sign on City property la front of their drive-fa on the easterly side of Franklin Road. S. W.. which permit this Council is willing to grant. THEREFORE, BE IT 0ROAIHE0 by the Council of the City of Roanoke that a temporary permit be, end one Is hereby granted unto L. H, Austin and Stella Bryant to locate a sign on the easterly side of Franklin Road. S. N.. immediately north of its intersection with Broadway, S, W., and known as 2406 Franklin Road. That said sign is to be 11'2= back from the curb line, in accordance with the plan accompanying the request and on file In the Office of the City Clerk; this Council reserving the unqualified right to revoke said permit, and to cause said sign to be removed et its pleasure without assigning any reason therefor, and at the entire expense of the peFmittees. BE IT FURTHER OROAI~ED that Resolution Ho. 13457, adopted by this Council on the 20th day of July. 19S~. be. and it is hereby repealed. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Decker. Dillard, Rest. Wheeler, and the President, Mr. Young ................................................... NAYS: Council members Pickett and Webber ........... 2. Mr. Webber then stated that the Ordinance which had been adopted wes draft form only and should be in final fora, that it should hare been furnished to the members of Council along with their agenda, and, consequently, moved to reconsider the action in adopting the Ordinance and to refer it to the City Attorne to be put into proper form. The notion was seconded by Mr. Nest and unanimously adopted. BUSES: The City Clerk presented a communication from Hr. W. P. BazlegFove, Attorney, requesting that Council authorize thetransfer Of a franchise granted to Mr. Joseph W. Hazlegrove under Ordinance No. 13324, adopted on the 24th day Of Hatch, lqSS, from the said Joseph #. HazlegFove to Virginia Display Benches, Incorporated, a Virginia Corporation organized by Mr. Hazlegrove for the conduct of the business authorized under the franchise; viz., for advertising benches to be placed at various busstops and other, suitable and approved locations. Mr. Seeker moved to concur in the request and offered the following Resolution: (#13458) A RESOLUTION granting unto Joseph N. Hazlegrove the right to assign the franchise grunted by Ordinance No. 13324. (For full text. of Resolution, see Resolution Book No. 23, Page Mr. Decker moved the adoption of the Resolution. The motion was seconded by MFS. Pfckettand adopted by the following vote: :[17 118 AYES: Council members Decker, Pichett. Hobber, Nest, iheeler, end the President, Mr. Young ......................... 6. NAYS: Mr. Dillard ...................1. ZONING: The City Clerk presented a communication from the Roanoke Hospital Association, requesting that the old HcClanobaa Home located on the north side of HcClanahan Street, S. M.. between Crystal Spring Avenue and Jefferson Street, mhJch property the Association has under contract Yor purchase, be rezoned from General Residence District to Business District. Mr. #heeler mated to refer the request to the City Planning Commission for study end recommendation. The motion mas seconded by Mr. Decker and adopted. BUDGET-COMNONNEALTH ATTORNEY: The City Clerh presented a communication from Mr. C. E. Cuddy. Commonwealth Attorney. requesting that Council appropriate $80.00 for the purpose of defraying travel expenses of himself and his Assistant in attending the Local Government Officials Conference at the University of Virginia on August 25-27. 1958. end odvisin9 that the State Compensation Board has agreed to defray one-half of such expense. Hr. Rheeler moved to concur in the request and offered the following emergency Ordinance: (n1345g) AN ORDINANCE to amend and reordain Section u26. 'Commonwealth's Attorney', of the 1958 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 23, Page 64.) Hr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Test and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett. ~ebber, Nest. Nheeler, and the President, Rt. Young ........ NAYS: None .................O. AIRPORT: The City Clerk presented a petition signed by thirty residents of the area adjoining the Roanoke Municipal Airport, requesting that model plane flying from the airport be discontinued er moved to another location. Messrs. Minor M. Oakey and L. H. Robertson. along with other members of the Exchange Club of Roanoke, appeared before Council and stated that the Roanoke Exchange Club is the sponsor of the model plane flying at the Roanoke Municipal Airport and that the program is designed to provide wholesome activity, as well as trainin9 in aerodynamics for young people of the city interested in aircraft and flying, that the program was moved from locations in the city to the airport since that is the logical place for such activities, end in their opinion the noise created by the program is small in comparison to that of regular aircraft operating from the airport, consequently, it should not be objected to by citizens. the spokesmen furth~ pointing out that if the model airplane program is removed from the airport there is no place from which it can be carried on. Mr. Hebber moved to take the matter under advisement. The motion mas seconded by Mrs. Pickett and adopted. ZONING: The City Clerk presented a communication from Lewis Ray and Edna Hubble, requestin9 that their property located at 3403 Helrose Avenue, N. M., described as parts of Lots 3, 4 and 5, and all of Lots 6-10, inclusive, Cavalier Park, be rezoned from General Residence District to Business District. Hrs. Pickett moved.to refer the request to,the City Planning Commission for study end recommendction. The motion wes.seconded by Hr. Mheeler and adopted. ZONING: The City Clerk presented n request from Hr. Leo F~ Renebry that a 10.5 acre tract.or land located on the.east side of BollimRoad. R. E** being a portion of Official Tax Ho. 3300104, be rezooed from General Residence District to Light Industrial District. Hr. Mheeler moved to refer the request to the City Plnnning Commission for study and recommendation. The motion mas seconded by Mr. Meat and adopted. PENSIONS~ The City Clerk presented n communication from the Board of Trustees of the Employees* Retirement System, transmitting a statement of the securities held by thatsystem as of June 30, 1950. During a discussion of the report, Mr. Decker requested that the records show that in his opinion the fund has too great a percentage.of its funds in commc~stocks, the percentage at June 30. 1958. bain9 31.6. Mrs. Pickett moved to file the report. The motion was seconded by Mr. Mebber and-adopted. ZONING: The City Clerk presented a petition from Rill Mountain Estates Corporation, requesting that Blocks A and B, Section l,.Rill Mountain Estates, located gu the westerly side of Garden City Boulevard. S. E.. between Davenport Avenue and Crown Point Road, be rezoned from General Residence District to Business District. Mr. Mheeler moved to refer the petition to the City Planning Commission for study and recommendation. ~he motion mas seconded by Mr. Meat and adopted. REPORTS OF OFFICERS: ARMORY-STADIUM: The City Manager reported that the Roanoke Council of Garden Clubs has requested the use of the National Guard Armory on October 9-11. 1950. in connection with its Home and Garden Show pinnned coincidentally with the Junior Leaguers Harvest Festival-on October 11, 1950. at which time the YPI- Bntrersity of Virginia Football Game will be played at Maher Field. creating a conflict,in the-use of the auditorium Of the National Guard Armory by reason of its use:in connection with the football game as a dressing room for one of the teams, the City Manager stating thathe has caused an estimate to be made of the cost of constructing a dressing room under the east stand Of the Municipal Stadium, which estimate is $14.500.00. Mrs. Robert N. Moody and a large number of members of the Roanokegarden clubs appeared before Council and requested that the body take immediate action to assure the construction of the dressing,room under the. Municipal Stadium in order that they might haverthe Hational Guard Armory for use of their Rome and Garden Show, pointing out that unless some immediate action is taken to assure them theuseof the Armory it will be.impossible forthem to catty, on their show. ,Mrs. Pickett~moved to direct the'City Manager to obtain bids. for the construction of the proposed dressing room and'~to submitthem~to Council at its meeting of August 25; 195D. The motion:mas seconded by Mr..Decker and:adopted. 119 APPOINTMENTSt The City Manager reported the employment of Delma Green Feazelle, Jr., os a Patrolman in the Police Oepartment, effective August 1, 1958. The report mas ordered filed. STREETS AND ALLE¥S~GARBAGE REMOVAL: Council mt its meeting or July 1950, boring referred to the City Manager for study and recommendation the complaint of citizens on Madison Avenue, N. ~.. betmeen Eighth Street and Tenth Street, concerning the failure of the city to resurface the said street in the 1950 program, and, zlso. the complaint of odors emanating from the dump in Washington Park. the City Manager reported that #adisoo Avenue was not resurfaced in the 1958 program for the reason that the appropriation for this year nas insufficient to meet all of the needs and mas exhausted before several of the streets included ia the 1950 program could be reached, one of mhich was Madison Avenue, the City Manager further reporting that the Health 0apartment maintains a constant program of spraying at the dump in Washington Parh in an effort to eliminate rats, flies and other pests, and that in addition the city has been using approved landfill methods to reduce the odors emanating from the dump, the City Eanager stating that every effort is being made by the city administration to conduct the refuse landfill.in Mashington Park in an approved fashion. Mr. Wheeler moved to concur lo the report of the City Manager. The motion mas seconded by Mr. Mast and adopted. CLAIMS-WATER DEPARTMENT: The City Manager reported that Mr. Lester fl. Hutts, 1901 Arden Road, S. ~., has filed a claim with him in the amount of $135.00 for damages to his property located on the corner of Grandin Road and Guilford Avenue. S. W., resulting from a break in a water main the water from which followed the main and service line into the basement of his house, necessitating the employ- ment of a plumber who installed a sump pump in the basement and the employment of carpenters to mahe certain repairs in the home as a result of the water, subsequent to which the Water Department located the leak a considerable distance from his property, the City Manager advising that the City Attorney has ruled the city has no legal liability in the matter, however, in the opinion of the City Manager there is a moral responsibility to the property owner, but he has refused to pay the claim and at the request of Mr. Butts has brough the matter to Coonctl for its consideration. After some discussion, Mr. Dillard moved to refer the matter back to the City Manager for further investigation. The motion was seconded by. Mr. ~heeler and adopted. POLICE DEPARTMENT: The City Manager reported that Section 120 of the 1954' Internal Eevenue Code provides certain tax benefits for regular police officers where a portion of their salary Is designated as statutory subsistence and presente, a proposed Ordinance which mould designate $5.00 per day of the salaries of regular police officers as subsistence and. consequently, not subject to income tax, the City Manager recommending that the Ordinance be adopted. During a discussion of the matter, the City Manager advised that there is a Bill pending in the United Staten Congress which would change the status of existing,law ia.this:respect and.that possibly it would be wellto take ao action at this.tlme~ pending the outcome of,the lagislationbefore Congress. Mr~ Mheeler moved to table the matter for farther eonsiderntion.~The motion was seconded by.Rt. Dillard and adopted. BUDGET-DEPARTMENY OF PUBLIC M£LFARE~ The City Manager presented the annual budget of the Department Of Public Melfare for the fiscal year Julyl, 1955 June 30,:1959.~in which there is an increase of $25~985.50 over the present operating budget of the department, the city*s share of such increase being approximately $5,000,00. Mr. Mebber moved to table the matter until the next regular seating of Council and to direct the City Clerk to secure and furnish to each member of Cannel a copy of the proposed budge~o The motion was seconded by Mr. Mheeler and adopted. AIRPORT: Yhe City Manager reported that a contract mith the United States Air Force, covering the landing of military airplanes at the RounokeMunicipal Airport, expired July 31. 1955, and recommended the adoption of a Resolution extending the said contract for five years until July 31, 1963. Mr. Mheeler.moved to concur in the recommendation Of the City Manager and offered the following Resolution: (#13460) A RESOLUTION authorizing and.directing the City Manager, for and On behalf of the City. to execute a supplemental agreement extending the permit between the City and the United States of America covering the useof the landing area at Roanoke Municipal Airport(Moodram Field) for the period beginning August 1958, and terminating July 31, 1963. (For full text of Resolution, see Resolution Book No. 23, Page 65.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Mebber0 Nest. Mheeler, and the President, Mr. Young ........ NAYS:, None ................O. ARMORY: The City Manager reported that by reason of failure on the part of' Mr. Samuel A. Oarrtson to comply with the provisions of his contract for con- cessions at the ~ational Ouard Armory, the contract bas been cancelled and he has caused the Purchasing Agent to advertise for nam bids for the operation of the concession at the Armory, subsequent to which bids have been received iron Messrs. J, L. Godwin, P. N, Apostolou and B, L, Turner,. offering to pay the city as a considerationfor the concession, respectively, twelve per cent, ten per cent and six per cent of 9ross sales, the City Manager recommending that the bid of Mr, Godwin, bein9 the best bid, be accepted, Mr. Mheeler moved to concur in the recommendation of the City Manager and to direct the'City Attorney to prepare a Resolution providing therefor. The motion was seconded by Mr, Nheeler and adopted. REPORTS: TheCity Manager submitted a report of the Department of Public Melfare for the month of:June, 1958, and reported other departmental reports on file in his office, The report was ordered filed, 121 .!~22 6R[OGKS: The City Homager submitted and recommended the adoption of · Resolution authorizing the execution of an agreement between the City of Roanoke and the Norfolk and Eestern Railway Company. covering the construotIon of an under- pass under the Norfolk and Eeatern Railway lines at Mnndy Road - Liberty Road. No E.. the city nnd the railway company:each paying fifty per cent of the cost as heretofore contemplated. Mr. Dillard moved to concur In the recommendation of the City Manager and offered the follomlng Resolution= (s13461} A RESOLUTION authorizing and directing the City Manager and the City Clerk. respectively, to date and execute and to seal and attest, for and on behalf of the City of Roanoke. the agreement presently on file in the Office of the City Clerk between the City of Roanoke and the Norfolk and Meatern Railway Company with reference to the construction of the Mundy Road - Liberty Road Onderpa~ (For full text of Resolution. see Resolution Book No. 23, Page 65.) Rt. Dillard moved the adoption of the Resolution. The motion was seconded by. Rt. Mheeler and adopted by the following vote: AYES: Council members Decker, Oillard, Pickett, Mebber, Meat and Mheeler ............................. 6. NAYS: None .................O. (The President, Mr. Young. not votin9) TRAFFIC-STATE HIGHIgAYS: The City Manager reported that officials and representatives of the City of Roanoke and the Virginia Department of Highways have jointly prepared another plan for handling of traffic at ~illiamson Road and Rershberger Road. N. M., at the north corporate limits of the city, which will cost approximately $4,O00,00 for the installation of a traffic light, of which the state has agreed to pay fifty per cent. the City Manager recommending the appro- [priation of $4,O00.O0 for this purpose, During a discussion of the matter, the City Manager advised that he will furnish to each member of Council a copy of the traffic plan as proposed in the next rem days and suggested that the matter be tabled until the next regular meeting of Council and that the members of the body study the plan in the interim. The matter was accordingly tabled until the next regular meeting of Council. REPORTS OF COMMITTEES: TUBERCULOSIS SANATORIUM-CITY HOME: Council at its meetin9 of July 8, 1957, having directed a committee composed of Mr. Alan G. Decker, Chairman, Mrs. ~ary C. Pickett, Mrs, H. Stanley Bailey, Mr. Albert J. Lobb and Mr. Robert M. Moody to study the adequacy of existing city-owned properties for use as a convalescent home, the committee submitted its report, advising that in its opinion the City Home pro- perty located on the old City Farm, wherein convalescent care is presently maintained, Is inadequate and that the need for the care of indigent convalescents will continue to increase in the city, that the buildin9 at Coyner Springs, formerl] used as a Tuberculosis Sanatorium, was built and equipped for. and is ideally suited to the care of convalescents, both bedridden and ambulatory, with necessary water and sewage facilities, and is adequate to the present needs of the city, that the operation of the City Home could be tranaferred to Coyner Springs and an additional tmenty,lndlgent convalescents moved from other establishments thereto at an increus~ cost of aPProximately $15,000.00 per annum and an additional $4,000.00 rot capital outlay at ibc time of the transition, tbe committee, therefore, recommending that the City Home activities,be transferred from their present location to the old Toberculosfs Sanatorium at Coyner Springs; that Council authorize the employment of tun nurses, one orderly, one maid and one clerk at a cost of approximately $15,T00.00 annually; that Council authoriae the purchase of a station magoa ned miscellaneous equipmentat an estimated cost of $4,000.00; that the new convalescen* home be limited to the type of indigents mom cared for at the City Dome; and that the present City Dome property be held by the city, making such use thereof as may be expedient, until experience Of operation at the nas convalescent home indicates it is no longer needed for that purpose. Mr. Dillard moved to concur ia the report of the committee. The motion was seconded by Mrs. Pickett and adopted. Mr. MebbeF then moved to direct the City Attorney to prepare.an 0rdlnance providing for the transfer of the City Rome from its present site to Coyner Springs. The motion was.seconded by Mr. Nheeler and adopted. Mr. Dillard then offered the following emergency Ordinance appropriating funds required for the remainderof the present year: (Xl3462) AN ORDINANCE to amend and reordain Section n54, "City llome~. and Section x144, *Departmental Equipment and Improvements#, of the 1958 Appro- priation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho. 23, Page 66.) Mr; Dillard mored the adoption of the Ordinance. The motion was seconded by Mr. Decker and.adopted by the following Vote: AYES: ~Couflcll members Decker, Dillard, Pickett, Mebber, Mest, Nheeler, and the President,'.Br. Young ........ 7. NAYS: None ................. O. UNFINISHED.BUSINESS: STREETS AND ALLEYS: Council at its meetieg of Jnly 28. 1q55. having tabled for consideration at its next regular:meeting the request of Mr. Lee Keedich for closing a certain alley ~xtending. southerly fromOullitt Arenue,.S.M.~ between Jefferson Street and First Street, at which time the body. requested the attorney for the petitioner to he present, the City Clerkpresented a communication from Mr. Jack B;:Coulter, Attorney for Mr. Keedick,.advising that he would be in Court 311 day on.August ll,.1959~and requesting that the matter be laid over until the meeting of August25i::195O,~mhen he will be present,,in which request Council concurred. ZONING: CouncJl~at its-meeting of July 14. 1950, having received and referred to the Clty~Plauning Commission for~study and recommendation a request of L~;~F;~DulldiugCompany.-Incorporated, that itsproperty located on the westerl side of ~hiteside Street~.N; E., being Official Tax No. 3150102. be rezoned from Bosluess District to. Light Industrial.District, the Clty Clerk presented a communi- cation from Mr. E. Griffitb Dodson, Jr., Attorney for the petitioner, withdrawing the request of L. ~ F. ~uilding Company, Incorporated. .;I.23 JOVENILE AND DOMESTIC RELATIONS COURT: A report of the City Manager, recommending leasing of certain property at IO1Albemurle Avenue, S. E., for use as the Juvenile and Domestic Relations Court, baviog been laid over from the meeting of July 20, 1958, the matter mas again before Council. Mr. #heeler stated that he could see no point in renting property when the city has available property which it omns, particularly in view of the necessity of expending funds for the remodeling of the property and fo ylewof the present City Dome on the old City Farm becoming available in a short time, and moved that the Mayor appoint n committee to study the future use of the City Dome, giving consideration to the use thereof as a site for the Juvenile and Domestic Relations Court or the Juvenile Detention Dome, and to submit its recom- mendations to Council. The motion was seconded by Mr. Dillard and adopted. The Ralor then appointed the following committee: Mr. Vincent S. Wheeler, Chairman, Hrs. Mary C. Pickett, Mr. Arthur S. Owens, Mr. Randolph G. Yhittle and Riss Bernice F. Jones. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENtS-WATER DEPAR~NENT: Ordinan0e NO. 13d3D. providing for the establishment of a perpetual easement for a right of way fro~ U. S. Route No. 11 to the Rollins Tank Site property over land owned by Mrs. Cornelia R. Poterson. having previously been before Council for its first reading, read and laid over. nas again before the body. Mr. Docker offering the following for its second reading and final adoption: (a1343D) AN ORDINANCE providing for the establishment of a perpetual easement for a right of ~al from G. 5 Route NO. 11 to the carl's 2.27 acre Dollins Tank Site property in Roaooke County and providing for the release of the carl% right, title and interest in any other right of way on certain lands adjoining said Hollins Tank Site property. (For full text of Ordinance, see Ordinance BookNo. 23, Page 59.) Mr. Decker moved the adoption of the Ordinance. .The motion was seconded by Mr. ~est and adopted by the folloming vote: AYES: Council members Decker, Dillard, Pickett, ~ebber, Vest, Wheeler° and the President, Mr. Young ........ 7. NAYS: None ................. O. ZONING: Ordinance No. 13443, resorting a tract of land containing 3.Il acres, located gu Whiteside Street, N. E., designated as Official Tax No. 3150109 and the northwesterly portion of Official Tax No. 3150103, from General Residence District to Light Industrial District, having previously been before Council for its first reading, read and laid over, was again before the body. Mr, Decker offerin9 the following for its second reading and lanai adoption: (n13443) AN ORDINANCE to amend and reenact Title Xg, Chapter 4. Section 1, of The Code of the City of Roanoke. 1956. in relation to Zoning. (For full text of Ordinance, see Ordinance Rook No. 23. Page 61.) Mr. Decker moved the adoption of the Ordinance. The motion was seconded by Mr. West and adopted bi the following vote: AYES3 .Council members Decher¢ Dillard, Pickett, ~ebber, Mest,:Mheeler, and the President, Mr, Young ........ NAYS~ Neoe .................O. SIGNS-SYREETS~AND.ALLEYS: Ordinance No.~1344g, authorizing. Blair A. Riley, owner, and. Gall, Oil*Corporation, lessee, to construct certain temporary encroach* meats over,ab~ld~gsetbsck lineonthe south, sideofShenandoahAvenue, N. M., west of Twenty-fifth Street, having-previously been before Council.for its first reading. read and.laid over, was again before the body,.#F. #heeler offeringthe following for its second Fending and final adoption: (nI3449) AN ORDINANCE authorizing Blair A: Riley, ouner, and Gulf-Oil Corporation. lessee, to construct certain temporary encroachments over-a building setback line heretofore established pursuant to Ordinance No. 12694 along a portion of the south sideof Shenandoah Avenue, N; I. (For full text of Ordlnancessee Ordinance Book No. 23~ Page 62.) Mr..Mheeler moved the adoption of. the. Ordinance. The motion w~s.seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett. ~ebber, Mest,-~heeler, and the President, Mr.:Young ........ NAYS: None .................O. STREETS AND ALLEYS-SIDE~ALK, CURB AND CUTTER: Council at its meeting of July 26, 1958, having directedthe preparation of si Ordinance providing for the acquisJtioa-of certain land from Mr. J. CutchJnHodDes. et al.. facing on Hershberge Road and on ~illiamson Road. N. ~., Mrs. Pickettoffered the following emergency Ordinance: (~13463) AN-ORDINANCE acceptingthe conveyance of two strips of land, for street widening purposes, from J. Cutchin Hodges~ et al;, in consideration of the City making certain improvements adjacent thereto, at the City's expense; and providing for anemergencyo (For full text Of Ordinance, see Ordinance Book No. 23~ Page 66.) Mrs. Pickett moved the adoption of the Ordinance. 'The-motion was seconded by Mr. Decker andadopted by the following vote: AYES: -Council~members Decker, Dillard, Pickett, ~ebber, ~est, ~heeler, and the President, Mr,.Young---~ .... NAYS: None .................O. BRIDGES: Council at its meeting of July.26, 1955, having directed the preparation Of an Ordinance providing for the acquisition of an easement fram Mr. H. C; Eversole~ Mr. Nheeler offered the following emergency Ordinancel (xI3464).:AN ORDINANCE authorizing~the acceptance of the offer of.H, C. Eversole to convey unto the City aa easement for. a storm drain; and providing for an emergency. -(For!full. text of Ordinance, see Ordinance Book No, 23, Page67,) Mr. Mheeler.moved~the adoption, of theOrdinanceo 'The motion was seconded by Mr. Decker and adopted by the following vote: I25 i26 AYES: Council weubers Decher. Dillard. Pichett. Webber. West..Wbeeler. and the President, Mr. Young ........ ?. NAYS: None ................. O. BRIDGES: Council at its meeting of July 28. 1958. having directed the preparation of an Ordinance accepting the proposal of Ralph E. Rills Company. Incorporated. for the construction of the Liberty Road - Rundy Road Underpass. Br. Decker offered the following emergency Ordinance: (,13465) AN ORDINANCE accepting the proposal of Ralph E. Mills Company, Incorporated. for the construction of a concrete underpass and related work under the Norfolk and Mestern Railway tracks at Mundy Road - Liberty Road, N. E.; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 23, Page 69.) Mr. Decker moved the adoption Of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following rote: AYES~ Council members Decker+ Dillard. Pickett, Webber. West, Wheeler. and the President. Mr. Young ........ NAYS: None .................O. EASEMENTS-WATER DEPARTMENT: Council at its meeting of July 2G, 1950. having directed the preparation of a Resolution waiving the provisions.of Rule 22 of the Water Department Rules and Regulations in connection with a request of hrs. J. C. Jones for water service, Mr. Wheeler offered the following Resolution: (u13465) A RESOLDTION authorizing the Hater Department to install a water connection to serve Lot No. 4370703 according to the Tax Appraisal Map of the City of Roanoke. (For full text of Resolution. see Resolution Book No. 23. Page 69.) Br. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, lebber. West, ~h~eler, and the President. Mr. Young ........ NAYS: None .................O. pARKS AND PLAY~ROUNDS: Council at its meeting of July 2~, 1950, having directed the preparation Of an Ordinance providing for an exchange of real estate between the City of Roanoke and Mr. Robert D. Rauland. ~rs. Pickett moved that the following Ordinance be placed upon its first reading: (u134b?) AN ORDINANCE authorizing the exchange of real estate between Robert H. Ragland and the City. WHEREAS, Robert H. and Gertrude H. Rauland, husband and wife, are the owners of Lot 22, Block 1, Section 1, Fralin Park Map; which lot is bounded on the north and east by Fishburn Park; and WHEREAS. the said Mr. and Mrs. Ragland have petitioned this Council to approve the exchange of the real estate hereinafter authorized; which petition was first referred to, and the request therein made approved by, the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Attorney be. and he is hereby, authorized to receive from Robert H. and l Gertrude:H.,Rugland a deed conveying unto the. City; wlth.general~warrabty and modern english covenants, the following described'real'estate,~viz.~ REGINRIRG at a point, said point-being'the northeast corner of Lot No. 22, Section 1, Rap of Frslin Park, astor record in Rap Book 1. page 50;.thence,.mJth the east line of said Lot NO. 22, S. 43° 22* E. ID.67 feet to a point; thence, with a=new line through and across said Lot No. 22, S. 62o OR' 16' #. 60.77 feet to the northwest cornerof said Lot No. 22, said · corner being on a common boundary line with the City of Roanoke property us of record in. Deed nook 222, · page 406, in the Clerk's Office of the Circuit Court for Roanoke'County, Virginia; thence, with said boundary line. N. 46° 47' E. ?7.69 feet to the place of BEGINNING, containing 727.0 square feet. note or less, (0.0167 acre, more or less); and being a small triangular north portion of the property of, RobertR. and Gertrude R. Ragland. as of record in Deed Book 960, page 291; in the Clerk's Office of the Bustings Court of Roanoke. Virginia, and as shown on Plan No. 4331, dated August 5. 1956, prepared in the Office of the City Engineer. Roanoke. Virginia. and to cause the same to be recorded in the Clerk's Office of the Hustings Court for the City of Roanoke and. in exchange for the aforementioned deed, the proper City Officials are hereby authorized and directed to execute and deliver, unto the said Robert R. and Gertrude R. Ragland, a deed conveying the folloming described real estate unto thtm, with covenants of special warranty of title, viz.: BEGINNING at a point on the north line of Pasley Avenue, S. N., maid,polar being the southeast corner of Lot No. 22. Section 1. Map of Fralin Park. as of record in Map Book:l,;page 50. in the~Clerk'$ Office Of the Bustings Court of Roanoke. Virginia; thence, with the east line of said Lot No. 22. N. 430 22* W. 157.66 feet to a point; thence, mith tmo new lines through and across the property of the City of Roanoke. Virginia. known as Almshouse Farm, Colonial Avenue (formerly, Dent Mountain Road). first, N. 62° 06' 16' E. 19.10 feet; thence, S. 49° 52' 49# E. 153.61 feet to the place of BEGINNING, containing 1375.0 square feet. more or less (0.032 acre, more or less); and being a small,southwesterly portion of the property of the City of Roanoke as of record in Deed Book 222, page 406, in the Clerk*s Office of the CircuitCourt for Roanoke County, Virginia, and as shown on Plan No. 4332. dated August 5, lqSO,.prepared in the office of the City Engineer, Roanoke. Virginia. 7he motioc was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett. Webber. West, Wheeler. and the President, Mr. Young ........ NAYS: None .................O. TRAFFIC-GRADE CROSSINGS-SYREETS AND ALLEYS: Council at its meeting of July 20, 1950, having directed the preparation of a Resolution authorizing payment to certain employees of the Engineering Department for overtime work performed prior to the adoption of Resolution No. 13408. Mr. Webber offered the following Resolution: (m13460) A RESOLUTION authorizing payment to certain employees of the Engineering Department for overtime work performed, prior to the adoption Of Resolution No. 13400, in connection with the restudy Of the downtown area in con- junction with the proposed relocation of G. S. Route 220 south from Bunter iemorial Bridge. (For full text of Resolution, see Resolution Book No. 23, Page 70.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by ir. Decker and adopted by the following vote: .127 .128 AYES: Council members Decker. Dillard, Pickett, Mebher, Meat, Mbeeler. and the President, Mr. Young ........ ?. NAYS: None .................O. STREETS AND ALLEYS: Council at its meeting of July 20. 1959, having directed the preparation of aa Ordinance providing for the acquisition of five parcels of land in connection with the relocation and widening of Ihiteside Street. No E., Mr. Nheeler offered the following emergency Ordinance: (e13469) AN ORDINANCE authorizing the acceptance of certain offers to sell the City real estate for use in proriding for the relocation and improvement of ~hiteside Street,. N. E.; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23, Page ?1.) Mr. ~heeler moved the adoption of the Ordinance. The motion mas seconded by ~r. Decker and adopted by the following rote: AYES: Council members Decker. Dillard. Pickett, ~ebber. ~est. ~heeler, and the President, Mr. Young ........ NAYS: None .................O. BUDGET-BRIDGES: Mr. Dillard offered the following emergency Ordinance appropriating funds, which, along with $80,000.00 presently included in the 1955 budget, mill provide for the contract heretofore awarded Ralph E. Rills Company. Incorporated, for the construction of an underpass at Liberty Road - Rundy Road. (~13470) AN ORDINANCE to amend and reordain Section ~140. 'Street Construction". of the 195B Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23, Page 72.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker. Dillard. Pickett, ~ebber. ~est, ~heeler, and the President, Mr. Young ........ NAYS: None .................O. MOTIONS AND MISCELLANEOUS BUSINESS: SIGNS: Mr. Arthur E. Smith, Attorney for Mrs. Stella Bryant and Mr. L. H. Austin, appeared before Council and advised that, in collaboration mit~ the City Attorney's office, he has prepared a proper Ordinance providing for the granting of a permit to Mr. Austin and Mrs. Bryant to install a sign on city property, which has previously been considered by this session of Council, Mr. Hurt requesting that Council place the said Ordinance on its first reading since a considerable tine mill elapse before the Ordinance will become effective and presenting sa'id Ordinanc approved by the Assistant City Attorney; whereupon, Mr. ~heeler moved that the following Ordinance be placed upon its first reading: (~13457) AN ORDINANCE granting a temporary permit to L. H. Austin and Stella Bryant to instaIl a sign on City property, and repealing Resolution'No. 13437, adopted by the Council on the 28th day of July. 1958. IHEREAS, L. H. Austin and Stella Bryant have requested a permit to locate a sign on City property in front of their drive-in on the easterly side of Franklin Road. S. M.. which permit this Council is willing to 9rant. TBEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a temporary permit be, and one is hereby granted unto L. fl. Austin and Stella Bryant to locate a sign on the easterly side of Franklin Road, S. M., immediately north Of its intersection with Broadway, S. That said sign. is to be 11'2' back from the curb line, in accordance with the plan accompanying the request and on file in the Office of the City Clerk; this Council reserving the unqualified right to revoke said permit, and to cause said sign to be removed at its pleasure without assigning any reason therefor, and at the entire expense of the permittees. BE IT FDRYIIER ORDAINED that Resolution NO. 13437, adopted by this Council on the 20th day of July, 195D, be, and it is hereby repealed. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Webber, MesS, Wheeler, and the President. Mr. ¥oun9 ................ NAYS: Mrs. Pickett .........1. SCHOOL BOARD: The City Clerk reported the qualification of Mr. David II. Burrows as a member of the Roanoke City School Board for a term of three years beginning July 1, 195§. The report was ordered filed. There bein9 no further business. Council adjourned. APPROVED 129 ~30 COUNCIL, SPECIAL MEETING, Mednesdny, August 20° 1958. The Council of the City of Roanoke met in special meeting in the Council Chamber in the Municipal Building, Meduesday. August 20.'lqSO, at 12:00 o'clock, adam, for the purpose of receiving and opening bids and awarding the sale Of $2,400,000.00 Public School Bonds, Series #KK', of the City of Roanoke, Virginia. dated September 15, 1959. mlth the President. Mr. Young. presiding. PRESENT: Council members Decker, Dillard, Hobber, Mast, Mheeler, and the President, Mr. Young ................... ABSENT: Mrs. Pickett ..........1. OFFICERS PRESENT: Mr. Arthur Mhittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. BONDS-SCHOOLS: Pursuant to the provisions of Resolution No. 13404, adopted by Council on the 16th day of June. 1956, and the following advertisement: #August 1. 1958 Sealed proposals will be received by the Council of the City of Roanoke. Virginia. at the office of the City Clerk. Room 214. Municipal Building. Roanoke. Virginia. until twelve o'clock. Noon. Eastern Standard Time. Mednesday. August 20. 1958 (at mhich time they will be opened in the Circuit Court Room, Municipal Building. Roanoke. Virginia. in the presence of such bidders as desire to be present), for the purchase of ALL. but NOT any part of the follow- ing bonds: $2,400.000.00 PUBLIC SCltOOL BONDS, SERIES 'KK.# of the denomination Of $1.000.00 each, dated September 15, 1958. payable serially in numerical order $80,000.00 bonds on the 15th day Of September in each of the years 1959 to 1988. inclusive, without option of prior redemption. The bonds mill bear interest payable semiannually on March 15 and September 15. Bidders are requested to name the rate, or rates. of interest to be borne by the bonds, expressed in multiples of one-eighth of one per centum per annum, but no more than two rates shall be bid for the bonds and no rate shall exceed five per centum per annum. Each rate shall be for consecutive whole maturities and shall not be repeated. Both principal and interest are payable in lawful money of the United States Of America at the Office Of the Treasurer Of the City of Roanoke, Virginia, or at the Manufacturers Trust Company, 55 Broad Street. Has York City, He~ York, at the option of the holder. The bonds will be sold to the lamest respon- sible bidder on the basis of the losest interest cost to the City, but no bid will be considered for less than par, and if any premium is specified the said premium shall not exceed the sum of $1.000.00. In determining the best bid the interest cost to the City mill be computed by determining the interest to maturity at the rate or rates specified by the bidders and deducting therefrom any premium offered, lhe bonds are not regtstrable as to principal or interest. The bonds are to be issued in coupon form, and their legality approved by Messrso Mood, King and Dawson, New York City. mhose legal opinion Hill be furnished to purchasers without charge, A complete transcript of proceedings covering all details required in the proper issuance of these bonds will be furnished the succes- ful bidder for his files. Bonds will be printed by and at the expense of the City. Deliverl of the bonds, properly executed, will be made to the successful bidder at the Manufacturers Trust Company, New York City. New York, on September 15, 195H, or as soon thereafter as the bonds may be prepared. Bids (on the ~orm therefor obtainable from the City Clerk) must be submitted in sealed envelopes marked *Proposal for Bonds,' addressed to J. Robert Thomas. City Clerk, Room 214, Municipal Building, Roanoke, Virginia. and must be accompanied by a certified or cashier*s check payable to the City of Roanoke, Virginia, for $46.000.00, as a guarantee of good faith on the part of the bidder. No interest will be paid by the City on said good faith deposit. The Council of the City of Roanoke reserves the right to reject any and ell bids. The opinion of #essrs. Wood, Hlng and Dawson, approving the validity of these bonds, will recite that *the bonds constitute valid end legally binding obligations of the City of Beaeoke. and that said City bas power end is obligated to levy ad valorem taxes for the pay- meat of said bonds and the interest thereon upon all property within said City, subject to taxation by said City, without limitation of rate or amount.' Interested bidders viii be furnished a report of essential facts pertaining to the financial position of the City upon request to the City Auditor. P. O. Box 733, Roanoke, Virginia.' the City Clerk reported the receipt of eight bids for the bonds as advertised. The President, Mr. Young. asked if any bidder present did not fully under- stand the proposal, or had not been given an opportunity to submit a bid, or if there were any questions on the part of those who had submitted proposals relative to the terms and conditions upon which the bids had been submitted. There being no response, the President then directed the City Clerk to proceed math the opening of the bids. After the opening and reading of the bids, on motion of Mr. Webber, seconde by Hr. Wheeler and adopted, they were'referred to a committee composed of Ressrs. Harry R. Yates. Alan G. Decker and William F. Criggs for tabulation and report to Council as promptly as possible. Mr. Dillard then moved to recess the meetin9 until 2:00 o°clock, p. The motion was seconded by Mr. Wheeler and adopted. At 2:00 o'clock, Council reassembled, with the President in the Chair, PRESENT: Council members Decker. Dillard, Pickett. Webber. Wheeler, and the President, Mr. Young ............... 6. ABSENT: Ur. West ..............i. The committee submitted its tabulation of the bids, showing the bid of The First National City Dank of New York. and Associates. with an aggregate bid of $2.d00,051.00. and coupon rates of 3.25% interest per annum on $240.000.00 of bonds due in the years 19S9 to 1961, inclusive, and 3.5% interest per annum on $2.160.000.00 of bonds due in the years 1962 to 19B0, inclusive, with an effective rate of 3.4966370. as the lowest bid, and also showing that the bid of Phelps, Fenn and Company, and Associates, does not conform to the printed advertisement for bids in that it exceeds the maximum premium of $1.000.00 as specified by whereupon, Mr. Wheeler offered the following Resolution providing for the sale of $2.400.O00.00 Public School Bonds, Series 'KK', of the City of Roanoke, Virginia. dated September IS. 1950, to The First National City Dank of New York, and Associates: (x13471) A RESOLUTION to sell to The First National catI Bank of New York. and Associates. $2,400.000 Public School Bonds, Series 'KK#. of the City of Roanoke Virginia, at the bid submitted; rejecting all other bids; directing that the cashier's check accompanying the successful bid be deposited by the City Treasurer and credit therefor be allowed on the purchase price of the bonds; and directing that the certified or cashier's check of all other bidders be forthwith returned. (For full text of Resolution, see Resolution Book No. 23, Page 72.) 131 .32 The Resolution having been read in its entirety, Hr. #heeler moved its adoption. The motion mas seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard; Pickett, Mebber, Eheeler, and the President, Hr. Young ................ NAYS: None ................. O. (Mr. Mast absent) There being no further business, Council adjourned. APPROVED P~' e c~l d ~nt COONCIL, REGULAR RRETINGo Monday, August 2§, 1958, The Council Of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, August 25, 1958, at 2:00 o'clock, p, the regular meeting hour. with the President, Hr. Young, presiding. - PRESENT: Council members Oecker, Dillard, Pickett. Webber, Meat, Eheelero and the President. Mr. Young ........... ?. ABSENT: None .................. O. OFFICERS PRESENT~ Mr. Randolph G. Whittle. City Attorney, Mr. Ilarry R. Yarns, City Auditor and Acting City Manager. and Mr. J..Robert Yhomas. City Clerk. INVOCATION~ The meeting was opened with a prayer by the Reverend P. Cosby, III, Pastor. Northminster Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. August 1, 1956o having been furnished each member of Council. upon motion Of Mr. West, seconded by Mr. Wheeler and adopted, the reading was dispensed with and the minutes Copy Of the minutes of the special meeting held on Wednesday, August 20, 19SB. having been furnished each member Of Council, upon motion of Mr. Decker. seconded by Mr. Wheeler and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUOLXC MATTERS: STORM DRAINS: The City Manager having previously advertised for bids for the construction of a storm drain in tho Forest Park Boulevard area from Melrose Avenue to Aspen Street, N. W., the following bids were received; Pioneer Construc- tion Company, Incorporated.$62.560.O0; Wiley N. Jackson Company, $74,360,00; and McDowall and Wood, Incorporated, $97.770.00, Mr. ~ebber moved to refer the bids to a committee composed of Messrs. Arthur .q. Owens, Chairmao, John L. Wentworth and H. Cletus Broyles for tabulation, study and recommendation. The motion was seconded by Mr. Mheeler and adopted. PETITIONS AND COMMUNICATIONS: STATE CORPORATION COMMISSION: The City Clerk presented a communication from the City Auditor, transmitting a comparative statement of public service corporation tax levies on assessed values made by the State Corporation Commission for the years:1957 and 1958, showing a total increase in such levies of $1,453.g3 for the:yearlg58. The:report was-ordered filed. STREETS AND ALLEYS: The City Clerk presented a communication from Mr. Garland M. Bates, stating that,there are two holes in the street in front of his property at 2401 Pennsylvania Avenue, N. W.. which hold water after rains, ~reating an unhealthy condition, Mr. Bates complaining that he has been in correspondence and.telephone,communication with municipalofficials since August 2, 1958. nod cannot get any satisfaction, that he has:been informed by the City Manager and the City Engineering Inspector that the city does not maintain the area of the street 133 134 outside of pared areas and that his only recourse is to either fill the holes himself or petition for the installation of curb and gutter by the city. Mr. Mheeler moved to table the matter until the next regular meeting of Council on September 0, 1958, at mhich time the City Manager mill be present for a discussion of the matter. The motion was seconded by Mr, West and adopted. ZONING: The City Clerk presented a communication from Mr. J, E..Thorahlll, requesting that his property located on the south side Of Melrose Avenue, N. near the west corporate limits of the city. being Lots 1, 2 and $o Block 25, Washington Club Land Company, be rezoned from Special Residence District to Business District. Mr. Wheeler mored to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Decher.and adopted. ZONING: The City Clerk presented a communication from Felix A. and Elizabeth K. Obenchain, requesting that their property located at 3634 Shenandoah Avenue. N. N.. designated as Lots 3, 5 and b of Reserve No. 3, Mestwood Addition, be rezoned from Ceneral Residence District to Business District. Kr. Wheeler moved to refer the request to the City Planning Commission for study and recommendation. The motion ;~as seconded by Mr. West and adopted. REPORTS OF OFFICERS: EASEMENTS-WATER DEPARTMENT: The City Manager reported that the Appalachian Power Company has requested the City of Roanoke to grant it an easement across 3 portion of the Carvins Cove Water Shed for its Glen Lyn - Cloverdale Line. such easement being approximately 100 feet wide and 1.250 feet long. for mhich the company has offered to pay the sum Of $300.00, the City Manager recommending that Council authorize t~e granting of the easement upon that basis. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (e13472) AN ORDINANCE authorizing the granting to the Appalachian Power Company of an easement. WHEREAS, the Appalachian Power Company has offered to pay unto the City $300.00 net cash for the easement hereinafter mentioned, which offer the City Manager recommends be accepted and in which recommendation this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be. and they are hereby, authorized and directed, for and on behalf of the City of Roanoke, to execute and. upon receipt of $300.00 net cash. deliver unto the Appalachian Power Company a deed, first approved.as to form by the City Attorney. conveying unto said company a perpetual easement 100 feet in ~idth and 1250 feet in length situated in Salem District.of Roanoke Connty and Amsterdam District of Botetourt County and shown in red on Appalachian Power Company*s Drawing No. A-3754, dated August 1. 1959. on file in the Office of the City Clerk of the City of Roanoke. Virginia. The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber, Meat, Wheeler, and the President, Mr, Young ........ NAYS: None .................O. BUDGET-RECREATION DEPARTMENT: The City Manager reported that the city mill be in a position to obtain title to property or the Bateman Estate situate at the intersection of Pennsylvania Avenue and Hoover Street, N. M,, pursuant-to Ordinance No. 13380. adopted by Council on June 2, 1956. on or about September 1, 1950, and requested that Council appropriate $22,500.00 to pay for said propertya Mr. Dillard moved to concur in the request of the City Manager and offered the following emergency Ordioance: (m13473) AN ORDINANCE to amend and reordaln Section n144, *Departmental Equipment and Improvements** of the lqSH Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23. Page ?6.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded iby Mr. Wheeler and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber. West, Wheeler, and the President, Mr. Young ........ T. NAYS: None ................. O. STADIUM: The City Manager reported that he has caused an estim~ e to be made Of the cost Of certain improvements at the Municipal Stadium. os requested by Old Dominion Industrial Exposition. Incorporated. through its President, Mr. Stuart T. Sounders. the estimated cost being as follows: 1. Covering the area under the west stand to eliminate water blowing in from the side and dripping through expansion Joints in the Stadium ......... 2. Providing heat under the mast stand after it is covered, in order that it may be used in cold weather ................................. $ 4,900.00. 3. Paving the area under the east stand ....$10,000.00. Mr. Wheeler moved to defer the matter for consideration along Mith the 1959 budget. The motion was seconded by Mr. West and adopted. CLAIMS-WATER DEPARTMENT: The City Manager reported that after a further conference with Mr. Lester C. Hurts concerning his claim in the amonnt of $135.00 for damages resulting to his property at the corner of Grandin Road and Guilford Avenue. S. W., by reason of a break in the city Mater main. as reported to Council at its meeting of August 11. 1956. he has been informed by Mr. Hutts that included in the $135.00 is an item of $85.00 for a sump pomp and fittings mhich he is #illin to turn over to the city upon payment of his claim, the City Manager recommending that Council authorize settlement Of the claim in the amount of $135.00, conditioned upon delivery of the pump by Wr..Hntts to the City Water Department in good condition. Mr. Iheeler moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare the necessary Resolution providing therefor. The motion mas seconded by Mr. Decker and adopted. STREET LIGHTS:· The City Manager submitted a recommendation for the lnstalla tion of certain street lights at various locations in the city. Mr. Rebber moved to concur~Io the recommendation of the City Manager and offered the following Resolution: : (m13474) A RESOLUTION authorizing the,installatlOn of street lights at various locations in the City of Roanoke. : (For full text of Resolution, see Resolution Book No. 23, Page 76.) · 135 136 Mr. Mebber moved the adoption of the Resolution. The motion mas seconded by Hr. Dillard sad adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Mebber, MesS, #heeler, and the President, Mr. Young ........ ?, NAYS: None ................. O, STREET LIGHYS: The City Manager presented a recommendation for the installa tiaa of eleven 6000 lumen street lights and the removal of four 2500 lumen street lights on Grandin Road, S. M., from Brandon Avenue to #indsor Avenue, being the . second phase of a plan to modernize the lighting on U, S. Route 11 from the corporal limits at Mud Lick Creek to Thirteenth Street and Salem Avenue, Mr. Dillard moved to table the request for consideration along with the 1959 budget. The motion was seconded by Mr, Mheeler and adopted. STADIUM: The City Manager.reported that pursuant to a directive of Council at its meeting of August 11, 1958. the Purchasing Agent called for andreceived bid! for the construction of a dressing and shower room in the south end of the east stand of Victory Stadium, ten bids having been received by the Purchasing ARent at 10:00 o'clock, a. m., August 25, 1956, that said bids have been tabulated and studied, and that the tabulation shows the low bid of S. Lewis Lionberger, in the amount of $17,448.00, as the best bid received, the City Manager recommending that the said low bid be accepted and a contract awarded therefor. In answer to a question by the Mayor, the City Engineer advised that the bid price exceeds the e~timate of $14,500.00 by reasonof following the original Stadium plans in specifying 150 pounds per square foot floor as a ceiling for the room which necessitates a 9-inch thick reinforced concrete slab, and, in addition, certain Plumbing and Electrical Code requirements. Mr. Dillard stated that while he realizes the necessity of authorizing the construction, he feels that some negotiation with the contractor with reference to relaxing some Of the specifications and reducing.the price is necessary, and moved that the Mayor appoint a committee, Of which the Mayor is to be one member, to negotiate with the contractor with a view of reducing the price by alteration of some of the specifications for the work, the said committee to be empowered to make such alterations and reduction in cost as iff its judgment mat be proper. The motion was seconded by Mr. ~heeler and adopted. Nhereupon, the Mayor appointed a committee composed of himself, Mr. John L. · entworth'and Mr. H. Cletus Broyles, · Mrs. Pickett then offered the following Resolution accepting the low bid~ (g13475) A RESOLUTION accepting the proposal of S. Lewis Lionberger for the construction of a dressing and shomer room in the south end of the east stand of Victory Stadium, and rejecting.ail other bids. (For full text of Resolution, see Resolution Book Ho.;23, Page Mrs. Pickett moved the adoption of the Resolution. The notion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Coaucil members Decker, Dillard, Pickett, ~ebber, ~est, ~heeler, and the President, Mr. Young ........ T. NAYS: Hone ................. Oo Hrs. Pickett then offered the follouing~ewergencl Ordinance appropriating funds for the work: (e13476) AN OHOIHANCE to amend and reordaln Section e144, "Departmental Sqoipweot and Iwprovewents", of the 1958 Appropriation Ordinance, end providing rot nn emergency. (Far full text of Ordinance, see Ordinance Book No. 23, Page T0o) Nfs, Pickett noted the adoption of the Ordinance. The motion was seconded by Hr. Dcckcr and adopted by the following vote: AYES: .Council members Decker. Dillard. Pickett, Webber, Nest, Nhe~ler, iand the President. Mr. Young ........ 7. NAYS: None ................. O. BUDGET-HEALTH DEPARTMENT: The City Manager requested a transfer of STO0.O0 from Mages to Supplies in the Health Department account of the If50 budget to iprovide necessary supplies for the Health Department for the remainder of the year. Mr. Dillard moved to concur in the request of the City Manager and offered the following,emergency Ordinance: (e13477) AN ORDINANCE to amend and reordain Section #40, 'Health Department' of the Ig$O Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23. Page TO.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by:the following vote: AYES: Council members Decker. Dillard, Pickett. Nebber. ~est, ~heeler. and the President. Mr. Young ........ ?. NAYS: None ................. O. · AYE~ DEPARTMENT: Council at its meeting of August 11, 1950, having referred to the City Attorney for study and report a request of Hr. 0. D. Nichols. 3536 Yellow Mountain Road, S. E., that Council authorize payment of damages sustained by himwhen the city established its water,system in Cardem.City sub- sequent to the 1949 annexation, in connection with which request Mr. Nichols stated that he had a franchise from the county prior to the city annexation of the terri- tory for;locating water mains in the streets in the area, which franchise the city usurped; and that in addition the City Manager had promised him he would see that thc city paid,him a fair pricel the City Attorney:reported that this matter has previously been before Council on November~?,lg55,.at.whichtime the body advised Mr. Nichols that it had no need for t~ water flowing from his spring and rejected the:offer of.Mr. Nichols to sell:surplus water from-his spring to the city for $?,O00.O0,-and that sobsequently:on;May20, lg57,.the matter was again before Uouncil,"in consequence/of which the/City Attorney furnished the body an opinion at its meeting of',May 27; 1950~ in which he advised that Mr. Nichols' permission to lay'water:mains lo the roads in the.county was in nowise exclusive and,that the committee of.Council ~hich had treated.with private water companies after the 1949 annexation had concluded that Mr. Nichols~.water system was at that time o[ no value whatsoever to the City;Muter'Department and had made its conclusions clear to Mr.,James A.:Bear,~Attorney for Mr~ Nichols, and that it couldnot recommecd the city'pay'an~;sum whatsoever, for the water facility, that in the~opinion of 1,37 1'38 the City Attorney the city was under no moral or legal Obligation to purchase Mr. Nichols* uater system, the City Attorney stating that his former.opinion, on file mJth the City Clerk, onsmers the present assignment. Mr. Nichols appeared before Council and reiterated his claim-that the City #annger had previously adrised him, both verbally before witnesses and in writing, that he would see that Hr. Nichols received a fair price for his mater system, WF. Nichols stating that he had received from the water system fa Cardem City. operated by Mr. J. O. Plunketto $iUO.O0 per annum for use of the water from his spring and his rights in the streets, and that he feels Council should,reimburse him for damages he sustained mhen the city took over the Garden City area and )urchased the small water company therein. After some discussion of the matter, Mr. Dillard moved that a committee be appointed by the Mayor to study the matter, specifically as to any written promises which might have been made by the City Manager to Mr. Nichols, and what, if any. rights of Wt. Nichols the city has usurped or destroyed, and to submit its report and recommendations thereon. The motion was seconded by Mr. Hheeler and adopted. Whereupon, the Mayor appointed a committee composed of Messrs. Benton O. Dillard. Chairman. Randolph G. Whittle and Harry R. Yates. REPORTS OF COMMITTEES[ ANNEXATION: The committee composed of Messrs. Arthur S. Owens, Chairman, Randolph G. Whittle and Harry R. Yates, appointed by Council at its meeting of July 28, 1956, to consider certain matters in connection with possible annexation by the city. submitted an interim report, recommending that Council and its com- mittee endeavor to arrange an informal meeting with the Board of Supervisors of Roanoke County to be held soon. in order that mutual problems that would doubtless arise, in the event of an annexation proceeding, may be discussed in confidence. Mr. Dillard moved to file the report. The motion was seconded by Mr. Wheeler and adopted. UNFINISHED BUSINESS~ STREETS AND ALLEYS: Council at ks meeting of August Il, 195H, having laid over until its next regular meeting the reqaest of Mr. Lee Eeedick for the closing of an alley e~tending in a southerly direction from Dullitt Avenae, S. H., west of Jefferson Street. thence westward paralleling Bullitt Avenue, the matter was again before the body. Mr. Jack D. Coulter, Attorney for the petitioner, appeared before Council, pointing out the usual procedure in such matters is for Council to appoint the necessary viewers and refer such request to the City Planning Commission for its study and recommendation, and after receiving the reports Of the viemers and the Commission, to hold a public hearing before it actually takes action, that in his opinion the Code of Virginia requires Council to appoint vieuers when requested, that in his opinion the alley concerned is not needed by the city or its citizens since it is not, and has not for a number of years been used as a public alley. but actually is now being used by the lessee of the petitioner for parking auto- mobiles in connection with its business, that if the alley is closed it will add ~tuxable property to the city's tsm rolls amounting to some 1,600 square feet of business property, that the alley now separates the property of the petitioner which otherwise could be used as a single unit for rental purposes, Mr. Coulter requesting that Council follow its usual procedure by appointing viewers and referring the matter to the City Planning Commission for its recommendations, MFS. Pickett offered the following Resolution appointing viewers as request. ed by Mr, Coulter: (x134?fl) A RESOLDTION providing for the appointment of fire freeholders, any three of whom may act, as viewers in connection with the petition of Lee Keedick to permanently vacate, discontinue and close certain alley or alleys located in the City of Roanoke near the Mcrchant*s Parking Garage, beginning at a point on the south side of Rullitt Avenue, S. W., 133.93 feet westerly from Jefferson Street and extending 06.94? feet parallel to Jefferson Street and thence 04.05 feet parallel to Rullitt Avenue and coning to a dead end. (For full text of Resolution. see Resolution Dook No, 23. Page ?9.) MFs. Pickett moved the adoption of the Resolution, The motion was seconded by Mr. Decker and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Webber. West, ~heeler, and the President, Dr. Young ........ NAYS: None ................. O. Rt. Webber then moved to refer the matter to the City Planning Commission for study and recommendation. Yhe motion was seconded by Mr. Wheeler and adopted. TRAFFIC-STATE HIGHWAYS: Council at its meeting of August 11, 1959. having tabled until.its next regular meeting a report of the City Manager, submitting a proposed plan for handling traffic at the Hershberger Road - Williamson Road inter- section in the northwest section of the city. and the City Manager having sub- sequently furnished to each member of Council a copy of the plan and a copy thereof having been filed with the City Clerk, the matter was again before the body. Ressrs. Fred C. Moore, L. M. Hairfield, Frank R. [ollmansperger. Jr.. A. M. Evans and A. F. Wagner appeared before Council, opposin~ the plan as submitte~ by the City Manager on the basis that it would be detrimental to the property owners and business houses along Airport Road. north of Hershberger Road. and in the general area, and advising that in their opinion a five-way traffic control light system at the intersection of Hershberger Road and Wllliamson Road, N. W., would more adequately handle the traffic than the plan as proposed by the City Manager, in addition to being a cheaper experiment than his plan. which they pointed out the City Manager himself has stated is not a complete answer to the problem. They also presented a petition signed by numerous residents of the county and the city, opposing the plan as submitted by the City Reneger. After some discussion, Mr. Webber moved to table the report of the City Manager and to instruct the City Manager to install a fire-way traffic control signal system at the intersection of Hershberger Road and Milliamson Road, N. W., end after a reasonable period of experimentation therewith, to submit a further report to Council. The motion was seconded by Rr. Dillard and adopted. 139 · 140 BUDGEToDEPARTBENT OF PUBLIC MRLFAR~: Council ot Its meeting of August 11, 1958, having tabled until its next regular meeting the proposed annual budget of the Department of Public Meifare for the fiscal year ending June 30, 195q, St mhl~h time it directed that copies of the proposed budget be furnished to each member of the body by the City Clerk, and copies of the budget having been trans- mitted to the members of Council by the City Clerk on August 13, 1958, the matter ~aa a~aie before the body, ~ Mr. Bebber moved to direct the City Attorney to prepare a Resolution approving the proposed budget as submitted to and approved by the State Department of Melfare and Institutions. mith the proviso that salaries in the Department of Public Melfare shall be administered under the city*s Salary and Nave Plan as are the salaries of other employees of the city. The motion mas Seconded by Mr. ~heeler and adopted. ZOHING: Council at its meeting of AuGust 11. 1959, having referred to the City Plaguing Commission for study and recommendation a request of the Roanoke Hospital Association nod C. B. and Margaret M. Rouck that property located on the northwest corner of Jefferson Street and McClanahan Street, S. M., designated as Official Tax No. 1041003, be rezoned from Ueneral Residence District to Business District. the City PlanninG Commission submitted its report, recommendinG that the request of the petitioners be granted, the Commission advisinG that in,its opinion the proposed use Of the property mill be in harmony with existinG uses in the immediate neighborhood and that iu the future development of the land the general character of the neighborhood will be maintained. Mr. ~heeler moved to set a public hearing on the request for 2:00 o'clock, p. m.. September 29. 1950. in the Council Chamber in the Municipal Building, and to direct the Attorney for the petitioners to prepare notice Of said bearinG, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. ~est and adopted. ZON1HG: Council at its meeting of AuGust 11, 1950, having referred to the City Planning Commission for study and recommendation a request of Mr. Leo F. Henebry that a lO.5-acre tract of land located on the east side of Hollins Road, N. E., designated as Official Tax No. 3300104, be rezoned from General Residence District to Light Industrial District. the City Planning Commission submitted its report, advisinG that in its opinion the use of the land for proposed industrial purposes will not depreciate the values of residential properties recently developed on the west side of Bollins Road and recommending that Council Grant the request of the petitioner, the Commission further advising that the developer of the tract of land has advised that he will dedicate sufficient land along Hollins Road to provide for future street widenioG to conform with a setback line previously established by Council, if the plant is erected. Approximately fifty citizens, residents of the area inrolred, appeared before Council in opposition to the petition for rezoninG. The Mayor advised the citizens that their opposition statements ut this tim are informal and should be presented mhen a public hearing is held on the request. Hr. Nebber moved to set a public hearing in the matter for 2:00 oec)ock. p. m.. September 29, 1950, in the Council Chamber in the Municipal Building. and to direct the Attorney for the petitioner to prepare notice of said hearing, have it approved by.the City Attorney and present it to the City Clerh for publication. The motion was seconded by Hr. Mheeler and adopted. ZONING: Council at its meeting of July 14o 1958, having referred to the City Planning Commission for study and recommendation a request of Messrs. Carl Montgomery and C. G. ~llliams that their property located on the north side of Shenandoah Avenue. N. ~., extecdin9 from a point approximately 1.200 feet west of Thirty-sixth Street westward to the city limits, be vezoned from General Residence District to Business District, the City Plnnnln9 Commission submitted its report, advising that the property in question is a portion of a large area presently being developed, and in its opinion, is more suitable for business than residential purposes, and if developed as a business area, would serve the neighborhood needs of the residents Of the proposed subdivision of which it is a part, that since only three residential lots remain between the proposed new Rusiness District and the existing Business District to the east, the Commission is Of the opinion that said three'lots-should also be included for rezontng, the Commission recommending that Council grant the request of the petitioners and include therein propertyof Mr. F. A. Jordan designated as Official Tax No. 2730219 and property of Mr. Leslie E, Siler designated as Official Tax Nos. 2730220 and 2730221, the Commission further advising that the petitioners have indicated their willingness to dedicate ten feet of land along their property fronting on Shenandoah Avenue for the future widening of Shenandoah Avenue to conform with a setback line previously established by Council. Mr. Nest moved to set a public hearing in the matter for 2:00 o'clock. p. m., September 29, 1958, in the Council.Chamber in the Municipal Building. and to direct the Attorney for the petitioners to prepare notice of said hearing, have it approved by theCity Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Nheelor and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:. SIGNS::.'OrdinanceNo;'13457,_granting a:temporary permit to L. H. Austin and Stalin Bryant.to install a sign,on.city:property.in.front of 2406 Franklin Road S. ~., having previously been before Council forits first reading, read.and laid over, was again before the body, Mr. Dillard.offering the following for its second reading and.final adoption: (#13457) AN ORDINANCE granting a temporary permit to L.,lI. Austin and Stella Bryant to install a sign on City property, and repealing ResolutionNo. 1343 adopted by the Council on the 20th day of July, 1959. (For full text of. Ordinance, see Ordinance Book No. 23,.Page 74.) Mr. Dillard. moved the adoption Of the Ordinance. .The motion wasseconded by Mr.~Nheeler.and adopted by the following vote: AYES: Council' members.Decker, Dillard, Nebber,.Nest,.Nheeler, and the President, Mr; Young ......................... NAYS: Mrs. Pickett ..................1. 142 pARKS AND PLAYGROUNDS: Ordinance No. 13467, authorizing the exchange of real estate between Robert H. Ragland and the City of Roanoke ia the vicinity of Fishburn Park, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Decker offering the following for its second reading and final adoption: (~13467) AN OSDINANC£ authorizing the exchange of real estate between Robert fl. Ragland and the City, (For full text of Ordinance, see Ordinance Book No. 23, Page 74.) Mr. Decker moved the adoption of the Ordinance. The motion nas seconded by Mr. West and adopted by the following vote: AYES: Council member Decker. Dillard, Pickett, Webber. West, Wheeler. and the President, Rt. Young ....... NAYS: None ................O. ARRORY~ Council at its meeting of August 11. lqS~, having directed the preparation of a Resolution accepting the bid of Bra John L. Godwin for operating concessions at the National Guard Armory, Rt. Wheeler offered the following (#1347g) A RESOLUYION accepting the bid of John L. Godwin for operating the concessions at the National Guard Armory, snack bar and kitchen; authorizing the City Manager to execute the requisite contract; and rejecting all other bids. (For full text of Resolution. see Resolution Book No. 23. Page ~0.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Rt. Decker and adopted by the following vote: AYES: Council members Decker, Dillard. Pickett, Webber, West. Wheeler. and the President, Mr. Young ........ NAYS: None .................O. TUBERCULOSIS SANATORIUR-CITY SORE: Council at its meeting of August 11, 195fl. having directed the preparation of a Resolution providing for the transfer of the operations at the City Dome to the old Tuberculosis Sanatorium at Coyner Springs, Mr. Decker offered the following Resolution: (a13400) A RESOLUTION approving the report of the committee appointed by Resolution Noo13123 and authorizing all operations presently conducted at the City Home to be transferred to the former tuberculosis sanatorium at Coyner Springs. (For full text of Resolution, see Resolution Book No. 23 . Page 01.) Mr. Decker moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Decker, Dillard, Pickett, Rebber. West. Wheeler. and the President. Br. Young ........ NAYS: None .................O. MOTIONS AND RISCELLANEOUS BUSINESS: TRAFFIC: Mr. A. F. Wagner, 1715 Orange Avenue, N. W.. appeared before Council and requested that the body authorize the installation of a traffic light at Seventeenth Street and Orange Avenue. N. W., Mr. Wagner stating that he has previously made this request and it was denied, the City Manager having reported that traffic in the area did not Justify the installation of such a light. Magnet explaining that his request ia for the protection of the children crossing the street, mhich is n main highway, at this intersection, going to and from Melrose Elementary School and Monroe Junior High School. Mr. Dillard moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Mr. Yheeler and adopted. STATE CORPORATION COMMISSION: The Mayor submitted a notice which has been served on him, advising of o public hearing on October 13, 1959. at 10:00 o'clock, n, m., In the Court Room of the State Corporation Commission at Richmond. Virginia, on the application of Abbott Bus Lines for operation of a bus handling passengers, newspapers, mail and express parcels over U. S. Highway No, 220 from Roanoke to Rocky Mount, Virginia, via Boones Mill. Mr. Dillard moved to file the notice. The motion was seconded by Mr. Nest and adopted, LIBRARY BOARD: The City Clerk reported the qualification of Mr. C. D. Hurt as a member of the Board of Directors of the Roanoke Public Library for a term of three years ending June 30. 1961. The report sas filed. COUNCIL: Mayor Young stated that this is the last meeting of Council which he will attend as its presiding officer and that as his final duty as such presiding officer it is his pleasure to present to Council members Alan G. Decker and E. E. West, Jr., a silver tray upon which is engraved the appreciation of their services as members of Council, There being no further business, Council adjourned. / 143 144 COUNCIL, ORGANIZATION MEETING, Monday, September 1, 1958. The Council of the City of Roanoke met in the Council Chamber in the Municipal Building, Monday, September 1, 1959, at 3:00 oeclock, p. m., for organization, pursuant to Section 10 of the City Charter. PRESENT: Council members Anderson, Cam*Ilo Dillard, Pickett, Mebber, iheeler and :Young ........................ ABSENT: None ....................O. OFFICERS PRESENT: Mr, Jo Robert Thomas, City Clerk. The City Clerk advised that this Charter required meetin9 of the Council is generally referred to as its Organization Meeting and the Council may elect a President, a Vice President and such other city officials as it is required under the Charter to elect during the month of September, QUALIFICATION OF M£NBERS: The City Clerk reported that certificates of qualification of the members of Council beginning hem terms, via.: Messrs. MJllis M. Anderson, Charles Mo Cornell. Roy L. Webber and Walter L. Young, have been filed with the Clerk of the Courts and the City Clerk and that they have taken the oaths of office prescribed by law. : Mr. Dillard mored that Mr. gal*er L. Young be appointed temporary Chairman of the nee*lng, pending election of a President and ex officio Mayor. The motion was seconded by Dr. Cornel1 and adopted. ELECTION OF PRESIDENT: The temporary Chairman stated that the first order of business is the election of a President of Council and ex officio Mayor for a term of two years beginning September 1. lgSB. and ending August 31. 1950; where- upon, Mr. Webber placed in nomination the name of Mr. Vincent S. Mheeler. Dr. Cornell placed in nomination the name of Mr. Denton O. Dillard and Mrs. Pickett placed in nomination the name of Rrs. Mary C. Pickett. There being no further nominations, the Chair declared the nominations closed; whereupon, Mr. Vincent S. Wheeler was elected President of Council and ex officio Mayor for a term of two years beginning September 1, 1958, and ending August 31, 1960, by the following vote: FOR tlR. WDEELER: Council members Anderson, Webber, Wheeler and Young ....4 FOR MR. DILLARD: Council members Cornell and Dillard .................... FOR MRSo PICKETT: Council member Pickett ................................ 1. The President of Council having been elected, the temporary ~hatrman turned the Chair over to the President, Mr. Mheeler, who expressed his apprecia- tion for the honor bestowed upon him by his colleagues and pledged himself to perform his duties to the best of his ability. ELECTION OF VICE PRESIDENT: The President stated that the next order of business is the election of a Vice President of Council; whereupon, Mr. Anderson placed in nomination the name of Mrs. Mary Co Pickett and Mr. Young placed in nomination the name of Mr. Roy L. Webber as Vice President of Council for a term of two years beginning September 1, 1958, and ending August 31, lg60. There being no further nominations, the Chair declared the nominations closed; whereupon. Mr. Roy Lo Webber was elected Vice President of Council for a term of tun lears beginning September 1, 1950, and ending August 31, 1960, by the follouing vote~ FOR HR. ~EBBER~ Council members Coreell, Dillard. Yheeier ned Young ..... 4. FOR HRS. PIC~ETT~ Council members Anderson end Pichett .................. 2. (Hr. ~ebber not voting) There being un further business. Council adjourned. APPROVED 14.5 14-6 COUHCIL, REGULAR MEETIH6, Monday, September 8, 1958. The Council Of the City of Roanoke met in regular meeting iu the Council Chamber in the Municipal Ouilding, Monday, Septembor D. 1958, at 2:00 o'clock, p, m** the regular meeting hour. mith the President. Rt. ~heelero presiding. PRESENT: Council members Anderson. Cornell, Dillard, Pickett, ~ebber, Young. and the President, Mr. ~hueler .... ?. ABSENT: None ....................O. OFFICERS FRESENT: Mr. Arthur S, Owens, City Manager, Mr. J. N. Kincanon, Assistant City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meetln9 was opened with a prayer by the Reverend R. Kern Eutsler0 Pastor, South Roanoke Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. August 25, lUSH, having been furnished each member of Council, upon motion of ~rs. Pickett, seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. Copy of the minutes of the organization meeting held on Monday, September 1, 1950, having been furnished each member of Council, upon ~otJon of Mr, Young, seconded by Mr. Anderson and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: Council. pursuant to the request of the City Planning Commission, by its Resolution No. 13451. adopted on the 28th day of July. 1950. having set a public hearing for 2:00 &clock, p. m., September 8, 1950. on the question of closing and discontinuing Staunton Avenue, N. W., extending from Fifth Street, N. ~.. in an easterly direction approximately 296.2 feet to Washington Park, and, also, a 10-foot wide alley extending northerly from said Stauuton Avenue approximately 201.58 feet to Mashingtoa Park. and, by the same Resolution, having appointed vieMers to view the said street and alley and report thereon as provided by law, and notice of said hearing baying been published in The Roanoke World-News on August 22. 195H. the hearing was held. The City Clerk presented the report of the viewers, stating that after viewing the street and alley in question and considering all known factors they are of the opinion that the closing and abandonment of the street and alley will not adversely affect the value of, or cause any inconvenience to, the nearby pro- perty owners or the public in general. No one appeared at the hearing. Mr. Young moved that Council concur in the recommendation of the City Plan- ning Commission and that the following Ordinance be placed upon its first reading: (~13401) AN ORDINANCE permanently vacating, discontinuing and closing that portion of Staunton Avenue, N. W., extending from 5th Street, N. W.. in an easterly direction approximately 296.2 feet to Washington Park, and, also. a 10-foot Hide alley extending northerly from said street approximately 201.58 feet to Washington Park. t RflEREAS, Council has heretofore on Its owe motion proposed the closing of that portion of Stauntoa Avenue, N. M.. and the lO-foot mlde alley hereinafter described and did, by Resolution No. 13451, appoint viewers to view said street and alley and report to the Council as provided by law; the City Planning Commissiol having ~eretofore recommended in mrltlag to the Council the permanent closing and vacating of both of the same; and RREREAS. Ressrs. Frank Nelson, L. L. Rush and Earl G. Robertson, the viewers heretofore appointed as aforesaid, after making oath that they would faithfully and impartially discharge their duties as viewers, have taken a vlem of said street and alley and bare reported to the Council in writing under date of August 13, 195R, that in their opinion no inconvenience would result from per- manently abandoning, closing, discontinuing and vacating that portion Of Staunton Avenue, N. N., and the Ia-foot wide alley hereinafter described; and ~REREAS, at a public hearing on the question of the closing of said street and alley, held at the Council meeting on the Otb day of September. 1950. after due and timely notice of such public hearing published in a local newspaper, no person appeared in opposition to the closing Of the same as hereinafter provided; and SHEREAS, Council is itself of opinion that no inconvenience would result from such closing and that that portion of Staunton Avenue, N. ~., and the Ia-foot alley hereinafter described should be permanently vacated, closed and discontinued. THEREFORE, BE IT ORDAINED by.the Council of the City of Roanoke that that portion of Staunton Avenue, N. ~.. (40 feet wide), extending from 5th Street, No R. in an easterly direction 296.2 feet. more or less, to Mashington Park and, also. that certain 10-foot side alley extending from that portion Of Staunton Avenue, N. N., above=described, in a northerly direction, 95.0 feet from and parallel to 5th Street. N. ~.o a distance of Approximately 201.58 feet to Nashington Park be, and both of the same are hereby, permanently vacated, discontinued, closed and abandoned as a public street and alley, respectively, and that all right, title and interest of the public in general in and to that portion of said former street or avenue and in said former alley, as public streets and thoroughfares of the City is hereby released insofar as this Council is empowered so to do, the City of Roanoi in its corporate capanity reserving unto itself, however, all of its rights as an abutting landowner in the land formerly occupied by the street and alley herein- above closed. RE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directed to mark 'Permanently Yacated. Discontinued and Closed" that portion of said former street and said former alley herein vacated on all maps and plats in his office, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk forthwith delivered to the Clerk of the Hustings Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that said latter clerk may record the same in the current deed book in his office and may make proper notation on all maps or plats recorded therein upon which ia shown that portion Of Staunton Avenue, N. Mo, and the afore= said 10-foot wide alley hereinabove permanently vacated, discontinued, closed and abandoned. 148 The notion was seconded by Mrs. Pickett and adopted by the following vote~ AYES: Council mewbers Anderson, Cornell, Dillard. Pickett, Webber. Young. and the President. Er, Nheeler ........ NAYS: None ............~ ...... O. SIDE'ALi, CURB AND GUTTER-STREETS AND ALLEYS: Mr. V. B. Garuand. represent- ing the Garden City Civic League. appeared before Council and presented a petition of residents of the Garden City area. requesting that Moran Street. S, E., between Mabry Avenue and Hillview Avenue. be regraded and resurfaced, it being their opinion that the paving in the street is no longer subject to repair, Mr. Oarnand advising that the League would like to be informed of any action or progress on the part of the city in connection with its request of day 26. 1955, for the widening of Garden City Boulevard, from Ray Road to Sillview Avenue, which request was referred by Council to the City Manager at its meeting of Ray 26, 1950, for negotiation with the owners of four lots on which no agreement had been presented for transferring to the city the necessary right of way and, in addition, submis- sio~ to Council of the estimated cost of the work involved. The City Manager advised Council that the preliminary work toward the acquisition of the land from the owners who have agreed to donate the right of way is in progress and, also, estimates of the cost are being prepared in connec- tion with widening the street and that it is his intention to submit a report to Council in the next few weeks and to include in the 1959 budget an appropriation for widening Garden City Boulevard in the area requested, PETITIONS AND COMMUNICATIONS: pENSIONS: The City Clerk presented a petition bearing 762 names, request- ing Council to amend the police and fire pension law to provide a flat $150.00 per month pension for all members of the Police Department and Fire Department heretofore or hereafter retired under the police and fire pension system, with a corresponding increase to widows of deceased members of the departments. Appearing in support of the petition were Messrs. J. B. Mitchell, HcKinney and ~. R. Bohon, retired firemen, Mrs. G. ¥. Sumpter and Mrs. John L. · hite. widows of retired Police and Fire Department personnel. Hr. Webber moved to refer the petition to the Police and Fire Pension Board for study and recommendation. The motion was seconded by Ur. Anderson and adopted. STREET LIGHTS: The City Clerk presented a communication from the Appalachian Power Company, transmitting a report showing the installation of seventeen 6000 lumen and seven 2500 lumen street lights and the removal of four 2500 lumen street lights in the city during the month of August, 1958, The report was ordered filed. ZONING: The City Clerk presented a communication from Mr. Edwin M. Young, requesting that his property located off the east side of Grandin Road. S. between Bluemont Avenue and ~indsor Avenue, designated as Lot 22, Block 16, Raleigh Court. be rezoned from Special Residence District to Business District. ,! Mr. Young moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Mr. Anderson and adopted. COMPLAINTS: The City Clerk presented · petition signed by thirty-five persons, complaining of unlsmful actions on the part of persons la the southeast section of the city in the vicinity of Ninth Street and Dale Avenue, said actions including speeding, reckless driving, vandalism and violation of personal and property rights, as Mall ns threats and intimidation of citizenn, The City Manager advised Council that the Police Department is aware of the sftoatlom and fs taking the proper action in connection therewith, Mr, J, E, KJttlager, one of the petitioners, appeared before Council and stated that he has been molested in many ways on numerous occasions at his place of bnsiness, 90? Dale Avenue, S. E., and has received threats of bodily harm if he complained to the proper authorities concerning the matter, Mr, Klttinger stating that he ha5 no complaint to make against the Police Department for they have responded to all calls made by him and others of the area. Mr. Mebbcr moved to refer the matter to the City Manager with instructions to take the necessary action to eliminate the conditions complained of. The motion was seconded by Mr. Dillard and adopted. STORM DRAINS: The City Clerk presented a petition from eleven citizens Of the 2500 block of Springhill Drive, N, M,, complaining that storm water runs Off of the north end of Leon Street, N. M,, and across their property, causing considerable property damage, the petitioners requesting that Council take some action to eliminate this condition. Mr, F. L. Johnson, one of the petitioners, appeared before Council and stated that it is practically impossible for him and his neighbors to keep their property in a reasonably presentable condition because of the storm water damage to their laMns and further that Mater seeps into the basements in the area. Mr. Dillard mated to refer the matter to the City Manager for study and recommendation. The motion mas seconded by Mr. Anderson and adopted. REPORTS DF OFFICERS: AIRPORT: The City Ranager reported that, in connection with the project for the relocation of Virginia State Route No. 118 at the Roanoke Municipal Airport, it Mill be necessary to make a partial relocation of certain telephone lines of the Chesapeake and Potomac Telephone Company along the highway and that he has just recently received approral from the Civil Aeronautics Administration of the plans for such relocation, the cost thereof to be included in the project, the City Manager recommending that Council.enact an Ordinance providing for the work to be included in the project, Mr. Webber moved to concur in the recommendation of the City Manager and offered the folloMing emergency Ordinance: (SlaIOR) AN ORDINANCE relating tothe partial relocation Of certain tele- phone lines of The Chesapeake and Potomac Telephone Company of Virginia alan9 portions of Virginia State Route Non 110 in Roanoke County; providing for the payment of the cost of such relocation; and providing for afl emergency, (For full text of Ordinance, see Ordinance Bock No. 23, Page 82.) 149 Mr. Mebber moved the adoption of the Ordinance. Tho motion Wis seconded by Mr. Young and adopted by the folio#leg vote: AYES: Council members Anderson, Coroell, Dillard, Pickett, Mebber. Young. and the President, Mr. Mheeler ........ NAYS: None ................... Mr. Nebber then offered the folloming emergency Ordinance appropriating the necessary funds to cover the cost of the project: (m134§3) AN ORDINANCE to amend and veordaln Section s142, *Transfer to Improvement Pund** of the 1956 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Dank No. 23. Page 63.) Mr. Nebber moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the folloming vote: AYES: Council members Anderson. Coraell, Dillard. Pickett. Rabbet, Young. and the President, Mr. %heeler ........ NAYS: None ...................O. BUILDING CODE: The City Manager reported that the Building Commissioner is of the opinion that the city should revise its City Cede to substitute the Southern Standard Building Code. 1950 edition, for the National Building Code. 1955 edition, as the basis for the city's Building Code. and has requested that Council appoint a committee to make a study of the matter and to submit its recom- mendations thereon, the City Manager advisin9 that he concurs in the request. After some discussion of the matter, Mc. Dillard moved to table the report of the City Manager. There being no second, the motion ~as lost. Mr. Anderson then moved to table the matter until the next regular meeting of Council and to request the Building Commissioner to be present for a discussion at that time. The motion was seconded by Dr. Cornell and adopted. ANNEXATION: The City Manager reported that the committee appointed by Council to study the possible annexation of territory from the County of Roanoke is unable to assemble the necessary data in connection ~ith its study math the use of regular city forces in order to submit its report to Council. within a reasonable time. the City Manager recommending an appropriation Of $2,000.00 in order to provide for the necessary help and expenses in the committee's studies. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the follo~ing emergency Ordinance: (~134B4) AN ORDINANCE to amend and reordain Section XlSS, "Annexation Expense*. of the 1958 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 23. Paqe 84.) Mrs. Pickett moved the adoption of the Ordinance. The motion ~as seconded by Mr. ~ebber and adopted by the follosiog vote: AYES: Council members Anderson. Cornell. Dillard. Pickett, ~ebber. Youn9, and the President. Mr. Wheeler ........ NAYS: None ...................O. STORH DRAINS: The City Maoager presented a report, transmitting a complaint from the management of the Lee Theatre on Milliomson Road concerning flooding con- ditions at its theatre during thunderstorms, advising that the condition bas exlstec for the last six to eight years with flood waters inundating its parking area on numerous occasions, which is detrimental to its business, and requesting that Council take some action to eliminate this condition. Dr. Young moved to refer the matter to the City Ranager for bis disposition, The motion mas seconded by Dr. Cornell and adopted. DUDGET-RECREATION DEPARTMENT: The City Manager reported that the Director of Parks and Recreation has advised that by reason of the increased number of recreation sponsored games during the year, at mhich games officials are furnished by the Department of Parks and Recreation, the funds contained in the lg50 budget for this purpose have been exhausted, and requested the transfer of $1.500.00 from the Supplies aCCoont to the Salary. DmpJres, Scorekeepers. Guards. etc.. account of the Recreation Department budget for the purpose of providing funds to pay officials at games for the remainder of the year. Mr. Young moved to concur in the request and offered the folloming emergenc] Ordinance: (#134D5) AN ORDINANCE to amend and reordain Section ~110. *Recreation Department#, of the 1q59 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23. Page 04.) Dr. Young moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard. Pickett. Dabber. Young. and the President. Mr. Mheeler ........ ?. NAYS: None ...................O. BUD GEY-RECREATION DEPARTMENT: The City Manager reported that the city has acquired title to the Bateman property in the Villa Heights section and requested appropriations aggregating $6.170.00 to provide for the operation of a community center on the property for the remainder of the year. Mr, Dillard moved to concur in the request and offered the following emergency Ordinance: (~13485) AN ORDIHANCE to amend and reordain Section XllO, *Recreation DepartmentN. and Section s144, #Departmental Equipment and Improvements*, of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page Od.) Mr. Dillard moved the adoption Of the Ordinance. The motion was seconded by Dr, Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, ~ebber, Young, and the President. Mr. Mheeler ........ NAYS: None ...................O. EASEMENTS-STORM DRAINS: The City Manager reported that it is necessary to acquire a right of way easement for the construction of a storm drain in the Forest Park Boulevard area on which bids were received by Council at its meeting of August 25, lgSB, and that he has obtained an agreement from O. B. and Rachel Brown -151 .:1.52 to convey the needed right of way to the city at n price or $2,000,00, mhlch he recommended be accepted. #r, Yenng moved to concur In the recommendation of the City Msnnger and offered the folloming emergency Ordinance: (8134§?} AN ORDINANCE authorizing the acceptance of the offer of O, and Rachel Oromn to convey unto the City an easement for a storm drain; and pro- viding for an emergency. (For full text of Ordinance, see Ordinance Rook No. 23. Page #r. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES= Conncli members Anderson, Cornell, Dillard. Pickett. Yebber. Young. and the President, Hr. Mheeler ........ NAYS: None ................... O, Mr, Young then offered the followln9 emergency Ordinance appropriating funds to p~y for the easement: (SlSdOO} AN ORDINANCE to amend and reordain Section Zldl, ~Semer and Drain Construction=. of the 19S8 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 23, Page 86,). Mr. Young mated the adoption of the Ordinance, The notion was seconded by Dr, Cornell and adopted by the follomlng vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, Young, and the President. Rt. ~heeler ........ NAYS: None ................... BUDGET-COUNCIL: The City Manager requested an appropriation of $126.00 to the Council account in the 1958 budget to cover the cost of subscriptions to the Public Management Magazine and the Municipal Yearbook published by the Inter- national City Managers' Association. Dr. Cornell moved to concur in the request of the City Manager and offered the followin9 emergency Ordinance: (~13489) AN ORDINANCE to amend and reordain Section ~1, "Council", of the 1958 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page Dr. Cornell moved the adoption of the Ordinance, The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson+ Cornell. Dillard, Pickett, Rebber, Young. and the President+ Rt. Rheeler ........ 7. NAYS: None ................... O. JOb CLASSIFICATION: The City Manager reported that in connection with the employment of an Administrative Assistant to the City Manager and with. the transfer of operatioos from the present site of the City Home to the Tuberculosis Saoatorium property at Coyner Springs it is necessary to make certain changes in ,the Salary and ~age Plan Of the city and recommended that the plan be amended by adding theret the #Administrative Assistant to the City Manager - Job No. 201-1 Superintendent of Nurses (City Home) - Job No. 134-11 Custodian (City Home) - Job No. 630-14.~ and deleting freB the plan the followiegt #Snperiotendeet of Nurses (Snnatorlum) - Job NO. 134-11 Superioteedent Of City Nome - personal and special salaries.* Mr. Robber moved to eoecar in the recommendation of the City Manager and offered the following emergency Ordinances (m13490) AN ORDINANCE adding three classifications to the Iago and Salary Plan; deleting two existleg classifications; and providing for an emergency. (For fall text of Ordinance, see Ordinance Rook No. 23, Page 67,) Mr. Robber moved the adoption of the Ordinance, The motion was seconded by Mr. Young. Mr, Dillard then moved to amend the proposed Ordinance by striking there- from the classification of Administrative Assistant to the City Manager - Job No. 201-1. The motion was seconded by Dr, Cornell and lost by the following vote: AYES: Council members Dillard and Coreell ............ NAYS: Council members Anderson. Pickett, Robber. Young. and the President, Mr. Wheeler ................................................... 5. The motion of Mr. ~ebber was then adopted by the following vote: AYES: Council members Anderson, Pickett, Mebber, Young, and the President, Mr. Wheeler ............................................ 5. NAYS: Council members Dillard and Coroell .....2. APPOINTMENTS-POLICE DEPARTMENT: The City Manager reported the employment of Gene Paul Moran as a police officer, effective September 1, 1950. The report was ordered filed. REPORTS: The City Manager submitted a report of the Departnent of Public Nelfare for the month of July, 1950, and reported other departmental reports On file in his office. The report mas ordered filed. REPORTS OF COMYlT~EES: STADIUM: Council at its meeting of August 25, 1958. hav~ng adopted Resolution No. 13475, accepting the proposal of S. Lewis Lionberger for the con- struction of a dressing and shower room in the south end Of the east stand of Victory Stadium. and at the same time having appointed a committee composed of Rnlter L. Young, Chairman. John L. Wentworth and D. Cletus Uroyles to negotiate wit~ Mr. Lionherger with a view of reducing the cost of the mork by a revision of some of the specifications, the committee being empowered to make such alterations and reduction in cost as in its judgment might he proper, the committee reported that it bas consulted with Mr. Lionberger and bas negotiated the following reductions in the contract through changes in the specifications: #1. Installation of a 4# concrete floor in lieu of 6~ concrete floor, $150 2. Changes in the ceiling construction from a reinforced con- crete slab to bar joists and slab construction, $53U ~. Installation of a gas fire unit heater in lieu of electric heaters, $?~0 4. Omit 4 shower heads and related pipe work, $160 5, Changes la ~aterprooflng all outside walls, ~ 40 TOTAL $1665- 153 154 The committee further reported that subsequent to its negotiation uith NFo Llonberger m contract was entered into on the basis of the original bid of $17,44a.00, minus the ~1,66S,00 dednctlon authorized br the committee, add that work mas immediately started on the Job moth every reasoe to beliere that Jt mould be completed for use by October q. 1950, . The committee also reported that it ts negotiating with Mr, Lionberger for a possible further deduction through a change in the specifications for the ventilating system and mill report the results of such negotiation to Council at its next regular meeting. Mr. [ebber moved to table the matter until the next regular meeting of Council. The motion mas seconded by Mr. Young and adopted. SYORM DRAINS: Council at its meeting of August 25. 1958. having referred to a committee composed of Messrs. Arthur S. Owens. Chairman, John L. Wentworth and H. Cletus Broylen bids received for the construction of a storm drain in the Forest Park Boulevard area from Melrose Avenue to Aspen Street, N. N... the commit- tee snbmJtted its report, showing the bid of Pioneer Construction Company, Incorpor~ ted, in the amount of $62,560.00, as low, and recommended that the low bid be accepted. The City Manager advised Council that in his opinion the bid received from Pioneer Construction Company, Incorporated. is inferable to the city and that the entire project should be accomplished at this time in order to relieve a serious storm mater condition. Br. Dillard moved to concur in the report of the committee and offered the following Resolution: (#13491) A RESOLUTION accepting the proposal of Pioneer Construction Company, Incorporated. for the construction of a storm drain in the Forest Park Boulevard area from Melrose Avenue to Aspen Street. N. W., in the total sum of $62.560.00; and authorizing and directing the City Manager to execute the requisite contract. (For full text of Resolution, see Resolution Book No. 23, Page 87.) Mr. Dillard moved the adoption of the Resolution. Yhe motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornel1. Dillard, Pickett. Mebber, Young, and the President. Br. Mheeler ........ NAYS: None ...................O, Mr. Dillard then offered the following emergency Ordinance appropriating funds necessary for the construction of the storm drain: (#13492) AN ORDINANCE to amend and reordain Section al41. "Sewer and Drain Construction*, of the 1958 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23, Page BO.) Mr. ~illard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson. Cernell. Dillard. Pickett. ~ebber. Young. and the President, Mr. ~heeler ........ 7. NAYS: None ..........~ ........ O. UNFINISHED DU$1NESSt STREETS AND ALLEYSt Council at its meetiu9 of August 25, 1958. having tabled until the return of the City Manager a communication from Sr. Garland M. Dates, complaining of his inability to get the city to repair two holes in the street in front of his property at 2401 Pennsylvania Avenue, N. M.. the matter was again before the body. The City Manager advised Council that the city has never, during his tenure of office, had a policy of placing stone on the shoulders of streets outside the pavement where curb and gutter would normally be in place and that Mr. Dates* only permanent solution is the installation of curb and gutter, Hr. Dates having been advised by the City Manager that it will be necessary for him and his neighbors to petition for said curb and gutter. After some discussion, Mr. Anderson moved to refer the matter to the City Manager for disposition. The motion was seconded by Mr. Dillard and adopted. ZONING3 Council at its meeting of August 11, lq$~, having referred to the City Planning Commission for study and recommendation a request of Lewis Ray and Edna E. Hubble that their property located at 3403 Melrose Avenue, N. M., he rezoeed from General Residence District to Dusiness District, the City Planning Commission submitted its report, advising that in its opinion the property in question, On which is located a substantial residence, together with the residentia properties located on the west side of Country Club Drive, mhich has a width Of only thirty feet, should remain classified as a General Residence District, the Commission recommending that the request of the petitioners be denied. Mr. Mebber advised Council that DF. Hobble has informed him that he does not desire a public hearing in the matter. Mrs. Pickett moved to concur in the recommendation of the City Planning Commission and to deny the request. The motion was seconded by Mr. ~ebber and adopted. ZONING: Council at its meetin9 Of August 25, 1950, having referred to the City Planning Commission for study and recommendation a request of Mr. J. E. Thornhill that Lots 1, 2 and 3, Block 25, Washington Club Land Company, located on the south side of Melrose Avenue, N. N., near the west corporate limits of the city, be rezoned from Special Residence District to Dusiness District. the City Planning Commission submitted its report, advising that in view of the topography of the land. which would require considerable excavation in order to make it usable and upon consideration of the fact that there is available property ia the immediat, neighborhood now zoned [or business, the Commission is of the opinion that there is no necessity for such rezoning, the Commission recommending that the request of the petitioner be denied. The City Clerk advised that Mr. A. Linwood Holton. Jr.. Attorney for the petitioner, has requested a public hearing. Rr. Webber moved to hold a public hearing in the matter at 2300 o'clock, p. m., October 6. 1956, in the Council Chamber..and to direct the Attorney for the petitioner to prepare notice of said hearing, hare it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Anderson and adopted. :155 ZONINBt Council at its meeting of August 25, 1958. huriug referred to the City Planning COmmission for study and recommendation n request of Felix A. and Eltzubeth K. Obeochaln that their property located at 3634 Shenandoah Avenue, N. M., designated as Lots 3, 5 and 6 of Reserve Mo. 3, Mestwood Addition, be rezoned from General Residence District to Rusiness District, abe City Planniug Commission submitted its report, advising that the property in question is located directly across the street from a Business District. and luasmoch as there are greeuhopses now existing on the property, the Commission feels that the proposed business use in connection therewith will not change the general character of the ~eighborhood or be contrary to the public interest, the Commission recommending that the request of the petitioners be granted. Mrs. Pickett moved to hold a public hearing in the matter at 2:00 o'clock, p. m., October 6. lqS§, in the Council Chamber, and to direct the Attorney for the petitioners to prepare notice of said hearing, have it approved by the City Attornt and present it to the City Clerk for publication. The motion was seconded by Mr. Dillard and adopted, ZONING: Council at its meeting of July 20, 1956, havin9 referred to the City Planning Commission for study and recommendation a request of certain residers of the Stratford Court area that Lots 3 and 4, Dloch IO, Stratford Court, located on the east side of Main Street, S. H., between Windsor Avenue and Melton Avenue, be rezoned from Dusiness District to General Residence District, and n request of Wt. M, price Fields and Mr. J. A. Deyerle that Lot 2. Block 10. Stratford Court. located in the same block, be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, advising that in its opinion the rezonin9 of Lot 2, Block 10, Stratford Court, to a Dusiness District, will not be In the interest of nearby residential property oMnnrs or the public at large, and that in view of the fact that Lots .3 and 4 were zoned in 1943 following annexation of the area as a Business District and there has never been a request during the intervening years to reclassify the said lots to a Residential District the Commission is of the opinion that the property owner has a vested right that should be recognized, the Commission recommending that both requests be denied. The City Clerk advised Council that Mr. John H. Kennett, Jr., Attorney for Messrs. Fields and Deyerle, has requested a public hearing in the matter, but that Mr. Raymond P. Barnes, Attorney for the residents of the neighborhood, has not requested such a hearing. Wt. ~ebber moved to hold a public hearing on both requests at 2:00 o'clock, p. m., October 6, 1950. in the Council Chamber. and to direct the Attorney for ~essrs. Fields and Deyerle to prepare notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion mas seconded by Wt. Dillard and adopted. GONSIBERATIOM OF CLAIMS: NONE* INTRODUCTION AND CONSIDERATION CF ORDINANCES AND RESOLUTIONS: EASEBENTS-MATER DEPARTMENT: Ordinance No, 13472, authorizin9 the granting of an easement to the Appalachian Power Company across a portion of the Carvins Cove Mater Shed for its Glen Lyn - Cloverdalc Line. having previously been before :!.57 Council for its first reading, read and laid over, mas again before the body. Mr. Young offering the following for its second reading nod final zdoption~ (~13472) AN ORDINANCE authorizing the granting to the Appalachian Power Company of an easement. (For full text of Ordinance, see Ordinance Boob No. 23, Page ill.) Mr. Yoong moved the adoption of the Ordinance. The motion was seconded by Or. Cornel/ afld adopted by the following vote: AYES: Council members Anderson. ~ornell. Dillard. Pickett. Robber, Young. and the President, Mr. Mheeler ........ ?. NAYS; None ...................O. PURCHASE OF PROPERTY-RECREATION DEPARTMENT: Council at its meeting of June 16, 195~, having dlTected the preparation Of a Resolution providing for the flamin9 of the Bateman property recently purchased under Ordinance No. 13380 as "Forest Hills* and the incorporation of the property Jn the city*s park system, such a Resolution Nas before the body. Mr. B. B. Harden, a resident of the Villa Heights area, appeared before Council and stated that in his opinion the people of that area do not approve of the name "Forest Hills# since it Nould be in conflict with a subdivision of that name within the city and also Forest Hill Avenue located in the Milliamson Road area. ' · Mrs. Pickett stated that in suggesting the name of "Forest Hil'ls# she was following the wishes of the Bateman family, osJng the original name of the Estate, but that she believes since the Department of Parks and Recreation usually estab- lishes an Advisory Committee of local residents in connection with community centers it might be well to obtain the opinion of such a committee when it is appointed.. Mr. Anderson then moved to table the matter and to direct the City Manager to have the Director of Parks and Recreation con~ult with the Advisory Committee. after it is appointed, obtain its recommendations for a name for the property and submit the same to Council for its consideration, The motion Nas seconded by Mr. Dillard and adopted. CLAIMS-MATER DEPARTMENT: Council at*its meeting of August 25, 1958, havin~ directed the preparation of a Resolution authorizing the payment of $135.00 to Mr. Lester C. Hutts to cover damages to his property caused by a leak in the city water main with the proviso that a sump pump. purchased by Mr. Butts, be delivered to the City Mater Department, Mr. Dillard offered the following Resolution (~13493) A RESOLUTION conditionally authorizing payment to Lester C. Hutts of $135.00. (For full text of Resolution. see Resolution Book No. 23, Page Mr. Dillard moved the adoption of the Resolution. The motion Nas seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Robber, Young, and the President. Mr. Mheeler ........ NAYS: None ...................O. BUDGET-DEPARTMENT OF PUBLIC MELFAREt Council at its meeting of August 25, 1959, hnvin9 directed the preparation of n Resolution approving the budget of the Department of Public Melfare for the fiscal year beginning July 1, 1959, amd termimatlng June 30, 1959, as previously approved by the State Department of lelfare and Institutions, with the proviso that the salaries of employees in the Department of Public Melfare shall be administered under the city*s Salary and Wage Plan, as are salaries of other employees of the city, Mr, Young offered the following Resolution: (a13494) A RESOLUTION approving the budget of the Department of Public [elfare for the fiscal year beginning July 1, 1958, and ending June 30, 1959, presently on file in the Office .of the City Clerk and previously approved by the State Department of Welfare and Institutions; mlth the proviso that the salaries Of employees in said department shall be paid pursuant to the provisions Of the City*s Wage and Salary Plan. (For full text of Resolution, see Resolution Book No. 23, Page 69.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President. Mr. ~heeler ........ NAYS: None ...................O. Mr. Young then offered the following emergency Ordinance appropriating the necessary funds to meet the approved budget for the remainder of the present calendar year: (z13495) AN ORDINANCE to amend and reordain Section ~52. *Public Assist- ance*, of the 195§ Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordioance Book ~o. 23, Page Mr. Youn9 moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following Vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Mebber, Young, and the President, Mr. Wheeler ......... 7. NAYS: None .................... MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC: Mr. A. F. Nagner, 1715 Orange Avenue, N. W., appeared before Council and again requested the installation of a traffic light at Seventeenth Street and Orange Avenue, N. W., stating that the installation of such necessary for the safety Of school children of the area. Mr. Wagner mas informed by the Mayor that his request has been referred to the City Manager for study and recommendation and that an answer from the City Manager is expected within the next two weeks. COUNCXL; Mrs. Pickett informed Council that she plans to accompany a delegation of Yirgleians on a trJ~ under the auspices of the Virginia State Chamber of Commerce and attend the World*s Fair at Brussels, Belgium, with that delegation on Virginia Day, consequently, she will be absent from the next four meetings Of Council. Mr. Anderson-stated that since Mrs. Pickett is going mith the delegation at her cmn expense, he feels that it mould be proper for Council to designate bar as its representatJro, and offered the following Resolution~ (s13496) A RESOLUTION naming and appointing Mary Chisholm Pickett, n member of Council. the Clty*s Official Representative for certain purposes. (For full text of Resoltuion, see Resolution Book No. 23. Page 90.)- Mr. Anderson moved the adoption of the Resolution. Yhe motion mas seconded by Dr. Cornell. Hr. ~ebber stated that he is doubtful of the misdom of Council adopting such a Resolution since It might be construed as the body excusln9 one of its members for four consecutive meeks and thereby establish a precedent, it being his opinion that members of Council are elected representatives of the people and should attend the meetings of the body, except when unable to do so by reason of illness or other matters beyond their control. Mr. Robber pointing out that Counci! is faced mith the appointment of its officials, with annexation matters and other matters of vital importance at this time. After a further discussion of the matter, the Resolution was adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard and Pickett ............4. NAYS: Council members Mebbero Young, and the President. Mr. Mheeler .....3. HOUSING: The City Clerk reported to Council that the terms of Messrs. Mllliam P. Booker and S. Lewis Lionberger as Commissioners of the City of Roanoke Redevelopment and Housing Authority expired August 31. 1958, and that under an Act of the Ueneral Assembly of Virginia, effective July i. 1958. the Commissioners, formerly appointed by the Mayor. are now to be appoig ed by Council. Upon call of the Chair. Mr. Young placed in nomination the names of Mr. ~llliam P. Booker and Mr. S. Lewis Lionherger as Commissioners of the City of Roanoke Redevelopment and H~ sing Authority for terms of four years each to expire August 31, 1962. There being no further nominations. Messrs. Milliam P. Docker and S. Lewis Lionberger mere elected as Commissioners of the City of Roanoke Redevelopment and Housln9 Authority for terms of four years each to expire August 31, 1962, by the folloming vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Mebber, Young, and the President. Mr. ~heeler ........ NAYS: None ...................O. ELECTION OF OFFICERS: The City Clerk reported to Council that the terms of the following officers elected by Council mill expire September 80. Mr. Randolph G. Rhittle, City Attorney; Mr. Harry R. Yates, City Auditor; Mr. Robert Thomas, City Clerk; Judge Beverly T. Fitzpatrick. Chief Municipal Judge; Judge James K. Flippin, Municipal Judge; and Judge Robert [. Spessard, Substitute Municipal Judge. 159 160 The City Clerk also reported that the term of Mr. Frank Hamer as a member of the Board of Appeal, Building Code, mill expire September 30. 1950. The matter wes tabled for tug meeks. There being no further business. Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday. September 15. 1958. The Council of the City of Roanoke met In regular meeting in the Council Chamber ia the MuoJcipal 6uildieg, Monday, September 15, 195§, at 2:00 o'clock, p. m., the regular meeting hour, with the President, Mr. Mheeler. presiding. PRESENT: Council members Anderson, Cornell, Mebber. and the President, Mr. Mheeler .................................................... 4. ABSENT~ Council members Dillard. Pickett and OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr. Randolph G. ~hittle. City Attorney. Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas. City Clerk. INVOCATION~ The meeting mas opened with a prayer by the Reverend Robert F. Fields, Pastor, Colonial Presbyterian Church. HEARXND OF CITIZENS UPON PUBLIC MATTERS: LICENSES: Mr. John P. Fishwlck. President of the Roanoke Chamber of Commerce. appeared before Council and submitted a request of the Chamber of Commerce that Council repeal the manufacturers license tax as contained in Section U4. Chapter O. Title VI. of The Code of the City of Roanoke. 1956. such repeal to be effective January 1. 1959. Mr. Fishwick advising that the Chamber Js of the opinion that the tax in question is a deterrent to manufacturers who might locate in the city and a definite handicap to the Chamber of Commerce and other interested persons and organizations who are attempting to find a replacement for the American Viscose Corporation which recently announced the closing of its plant in Roanoke and in the industrial development of the city. Dr. Flshwick stating that the Chamber feels that the development of any area proposed to be annexed to the city would also be handicapped by the tax. Mr. James E. Cart, a member of the Tax Committee of the Chamber of Commerce also appeared in support of the request, reminding Council that manufacturers do not have to locate mithin the city, but. rather, can locate almost anywhere where their goods can be distributed, that such manufacturers are large purchasers of local goods and services, while they sell very little of their products in the locality where located, and in consequence, contribute much to the local economy. Mr. M. ~. Armistead, III, President of the Roanoke Valley Development Corporation, presented a Resolution of the Board of Directors of the Corporation, supporting the request of the Chamber of Commerce for the repeal of the manufac- tures license tax in the interest of facilitating industrial expansion at a time ~hen a critical unemployment problem threatens the citl's economy, Mr. Armistead advising Council that his Corporation, through location and purchase of industrial sites in the'community ~hich are made available to prospective industrial organi- zations, is attempting to foster the industrial development of the area, but finds itself, along with others, handicapped bi the manufacturers license tax. Appearing in support of the request were Mr. James E. Jones, Development Representative of the Appalachian Power Company, and Mr. Richard F, Pence. 161 ..162 Mr. Mebber mored to table the mutter for consideration along mJth the 1959 budget. The motion wes seconded bI Dr. Coreell and odopted. PETITIONS AND COMMDNICATION$~ NO~E. REPOgTS OF OFFICERSt STORR DEAIN$t Council at its meetiog of September 6. 1950. having referred to the CitI Manager for studI and recommendation · petition from residents of the 2500 block of Springhill Drive, N. M.. proteutiog the droinuge of mater off of the north end of Leon Street. the CfiI Manager reported that investigation shows that the development of Leon Street was done in accordance with the Subdivision Ordinance and that in his opinion it will be necessary fo~ the propertl owners in the 2500 block of Springhill Orive to arrange for the installation of curb and gutter to relieve the storm water problem, which will necessitate the said pro- party owners petitioning the city for curb and gutter ia accordance with the citI*s policies. ~r. Mebber moved to concur in the report of the City Eanager. The motion was seconded by Rr. Anderson and adopted. hATER DEPARTMENT: The City Manager reported that the electrical pumps for the Crystal Spring Pumpin9 Station. authorized under Resolution No. 13394. have been purchased and that in connection with the installation of these pumps it will be necessary to provide for placing the pumps and performing certain related work such as relocation of pipe lines, meters and other equipment, and that in addition, the 2-inch main sorting the top of Mill Mountain should be replaced by a b-inch main. tho estimated cost bain9 $10.100.00 for installing the pumps and work related thereto and $11.OgO.O0 for replacement of the main to Mill Mountain. the City Manager advising that in his opinion the setting of the pumps and wiring in connection therewith should be let to contract, but that possibll city forces can better do the related work and the replacement of the main to Mill Mountain. suggesting that Council authorize advertising fur bids for the mork in three different parts in order that the city might submit an estimate of the cost of doing certain portions of the work with its own forces and there- after Council can determine how much of the work should be contracted and how much done by the city. Mr. ~ebber moved to concur in the recommendation of the City Manager and to authorize advertising for bids as suggested. The motion was seconded by Mr. Anderson and adopted. FDEL OIL: The City ~anager reported that the Purchasing Agent received bids on September 3. 1958, for the cityts fuel oil requirements for the 1950-59 season and that the bid submitted by the Sinclair Refining Company for No. I and No. 2 fuel oil and the bid snbmitted by the Foel Oil Equipment Company for No. fuel oil were low, the City Manager recommending that Council accept these low bids and authorize a contract therefor. Or. Cornell moved to concur in the recommendation of the CitI Manager and to direct the City Attornel to prepare the necessary Resolution providing therefor, The motion mas seconded bI ~r. Anderson and adopted. COAL~ The City Manager reported that the Purchasing Agent received bids on September 2,1958, for the city*s coal requirements for tbe 1950-59 season, with the bid of the Sovereign Pocahontas Company for furnishing furnace coal and the bid of Old Dominion Coal Iron and Co~e Corporation for furnishing stoker and stove coal being low, the City Manager recommending the acceptance of the tmo low bids and the authorizing of a contract therefor. Dr. Cornell moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare a Resolution providing therefor. The motion mas seconded by Mr. Mebber and adopted. AIRPORT: The City Manager submitted a request of the Associated Aviation Underwriters for a contract for the sale of travelers insurance policies through dispensing machines and over the counter in the Terminal Building at the Roanoke Municipal Airport for a term of one year commencing November 1, 1959, and an extension of one additional year. the company agreeing to pay 13~ of receipts through the dispensing machines, and in addition, $5.00 per square foot per year for counter space, the City Manager recommending that Council authorize the execution of the contract as offered. Mr. Anderson moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (x13497) AN ORDINANCE authorizing the execution of a contract with Asso- ciated Aviation Underwriters for the sale of travel insurance policies and the leasing of certain counter space in the Terminal Building at Roanoke Municipal Airport upon certain terms and conditions. MBEREAS, Associated Aviation Underwriters has offered to enter into a written agreement with the City as of November 1, 1958, under which said under- writers would be 9ranted the right and privilege to sell annual and short-term travel and collateral insurance policies through automatic dispensing machines and over the counter in the Terminal Building at Roanoke Municipal Airport, for a term of one (1) year commencing November 1, 1959. which original term would be automatically renewed for an additional term of one (1) year in the absence Of a written notice to the contrary given by either party to the other party not less than thirty (30) days prior to the expiration of the original term, in consider- ation of all of which said undermriters would pay to the City in monthly payments an amount equal to 135 of all monies deposited in said automatic dispensing machines or collected at said counter and, in addition, would pay rental for such counter space at the rate Of $5°00 per square foot per year as said rate was here- tofore established by Ordinance 12953; and MREREAS, the City Manager has recommended to the Council the acceptance of said Offer and that he be authorized and directed to enter into a written agreement with said underwriters to the extent hereinabove provided. THEREFORE, BE IT 0RDAIN~D by the Council of the City of Roanoke that the City Manager he, and he is hereby, authorized and directed to enter into a written agreement for and on behalf of the City with Associated Aviation Underwriters 163 164 granting to said underwriters the right and privilege to sell insurance policies nt Rounoke Munlclpul Airport us hereinubove set forth upon agreement or said under- mriters to pal to the City an amount equal to 13~ of all monies deposited in its automatic Insurance dispensing machines or collected at its counter in the City*s Termlnol Building and. further, to psy as rental for counter space an amount equal to $5.00 per square foot per lear, an! such written agreement entered into bi the City Manager to be first approved as to form by the City Attorney, The motion was seconded by Or, Cornell and adopted by the folloming vote: AYES: Council members Anderson, Cornell, Webber, and the President, Mr, Wheeler .................. 4. NAYS: None .......... O. (Council members Dillard, Pickett and Young absent PURCHASE OF PROPERTY-SCHOOLS-PARKS ANH pLAYGROUh~S: Council at its meeting of July 14, 1950, having referred to the City Manager · recommendation of the City Planning Commission that.the city acquire Lot 16, Block 7, Grandln Court, and Lots 1. R. 3 and 4. Block 20. Raleigh Court, as additions to Shrine Hill Park, with instructions that he negotiate with the property owners with o view of deternining the cost of the land involved, the City Manager reported that he has received an offer from the owners of Lot 16, Block 7, GrandJn Court. to transfer the said lot to the city for a price of $6,500.00, and that he has received an offer from the owner of Lots i, 2 and 3, Block 20, Raleigh Court, to transfer the said lots to the city for a total price of $16,000.00, but that he has been unable to get a price from the owner of Lot 4, Block 20, Raleigh Court. Mr. Mebber moved to table the matter for consideration along with the 1959 budget. The motion was seconded by Dr. Cornell and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: STADIUM: Council at its meeting of September B, 1958. having tabled until its next regular meeting a report of its committee composed of Messrs. Walter L. Young, Chairman, John L. Wentworth and H. Cletus Broyles concerning negotiations withMr. S. Lewis Lionberger, contractor for the construction of a dressing and shower room at Victory Stadium, the committee submitted a further report, advising that nn additional reduction of $675.50 has been agreed to between the committee and Mr. Lionberger by reason of changing the type of fan to be used in the ventilating system, resulting in a net cost for the project of $15,104.50, in lieu Of the origiual contract cost of $17,44H.00, the committee recommending that Counc~ ratify its actions. Mr. Anderson moved to concur in the recommendation of the committee and offered the following Resolution: (s13490) A RESOLUTION accepting, ratifying and approving certain modifi- cations of a contract relating to the construction of a dressing and shower room at Victory Stadium. (For full text of Resolution, see Resolution Book No. 23, Page 93°) Mr. Anderson moved the adoption of the Resolution. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson. Cornell, Webber. and the President, #r. #heeler .................. 4. NAYS: None .......... O. (Council members Dillard. Pickett and Young absent) CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 13481, permsnently vacating, discontinu- Ing and closing that portion of Staunton Avenue. N. M.. extending from Fifth Street, to ~ashington Park. and. also, a lO-foot wide alley extending from Staunton Avenue to ~ashington Park, having previously been before Council for its first reading. read and laid afar. was again before the body. Mr. ~ebber offering the following for its second reading and final adoption: (n13401) A~ ORDINANCE permanently vacating, discontinuing and closing that portion of Staunton Avenue, N. ~., extending from 5th Street, N. W., in an east- erly direction approximately 296.2 feet to Washington Park, and, also, a lO-foot wide alley extendin9 northerly from said street approximately 201.5B feet to Washington Park. (For full text of Ordinance. see Ordinance Book No. 23. Page gl.) ~r. Webber moved the adoption of the Ordinance. The motion was seconded by Dr. Cornel} and adopted by the following vote: AYES: Council members Anderson. Cornell, Webber. and the President, ~r. Wheeler ................. 4. NAYS: None .........O. (Council members Dillard, Pickett and Young absent) SOLICITATIONS: Council at its meeting of April 21, 1958, having directed the City Attorney to prepare an Ordinance that in his opinion will meet the suggestions of the Advisory Committee on Public Solicitation ~ith reference to Chapter 4, Title IE, of The Code of the City of Roanoke, 1956, Mr. Anderson moved that the following Ordinance be placed upon its first reading: (~13499) AN ORDINANCE to amend and reordain Section 2. 'Permit--Required; exceptioos**; Section 3. 'Same--Contents of application.'; and Section 5. *Same-- Issuance or refusal; duration.' of Chapter 4. 'Solicitations for Charitable Pur- poses.' of Title XX. *Businesses and Occupations.' of The Code of the City of Roanoke, 1956. DE IT ORDAINED by the Council of the City of Roanoke that Section 2. *Permit--Required; exceptions.'; Section 3. *Same--Contents of application.'; and Section 5, 'Same--Issuance or refusal; duration.' of Chapter 4. 'Solicitations for Charit able Purposes.* of Title IX. 'Businesses and Occupations.' of The Code Of the City Of Roanoke, 1956, be, and the same are hereby, amended and reordained so as to read and provide as folloms: Sec. R. Permit--Required; exceptions. It shall be unlawful for any person, organization or societi, or for any agent, member or representative thereof, directly or indirectly, to solicit pro- perty or financial assistance of any kind. to sell or offer to sell any article, tag, service emblem, publication, ticket, advertisement, subscription or anything 165 '166 of value, on the plea or the representation that such sale or solicitation, Or the proceeds thereof, is for a charitable, edncatloaal, patriotic or philanthropic purpose, on the streets, tn any office or business building, by telephone, personal solicitation, by house=to-house canvass or in any other public or private place, by mail, or uny other way, in the city, unless such person, organization or society on whgte behalf ~uch solicitation is to be m~dq. shall have first been issued a permit as provided in this chapter. The provisions of this chapter, however, shall not apply to any individual mr any society that is organized and operated exclusiv- ely for religious, educational, philanthropic, benerolent, fraternal, charitable or reformatory purposes, not operated for pecuniary profit, where no part of the net earnings of which inures to the benefit of any person, private shareholder or individual, and where the solicitation of such organization shall be conducted only among the members thereof by other members thereof or officers thereof, voluntarily and without remuneration for such solicitation, or where such solici- tation may be in the form Of collections or contributions at the regular exercises or services of any church, religious society, lodge, benevolent ordor or fraternity or similar organization, or of any branch thereof. Sec. 3, Same--Contents of application. A written application for a permit to solicit, o.~rto cause ~ solicitation to bepade, for any cause as prorided In the preceding section shall be sworn to and filed with the city manager by the oerson, orqanizationor society for whose ~enefit such solicitationistobemade. Such application shall contain the follow in9 information: (a) Name of organization or individual applying for a permit to solicit and his address or its headquarters. ih) Names and addresses of principal officers and management if applicant ia other than an tndiFidual. (c) The purpose for which any receipts derived from such solicitation are to be used, (d) The name of the person by whom the receipts of such solicitation shall be disbursed. (e) The name and address of the person who will be in direct charge of conducting such solicitation. (f) An outline of the method to be used in conducting the solicitation. (g) The time when such solicitation shall be made, giving the proposed dates for the beginning and ending of such solicitation. (h) The amount of any wages, fees. commissions, expenses or emoluments to be expended or paid to anyone in connection with such solicitation, together with the manner in which such wages, fees, expenses, commissions or emoluments are to be expended, to whom paid and the amount thereof. (i) A financial statement for the last preceding fiscal year of any funds collected for the purposes set out in the preceding section by the organization or persons seeking a permit for such solicitation, said statement giving the amount of money so raised, together with the cost of raisin9 it, and the final distribution thereof. (J) A fall statement or the character and extent of the charitable, educational or philanthropic work being done by the applicant organization within the city. (k) Such other information as may be required by the city manager In order for him to fully determine the kind, character and worthiness of the proposed solicitation and as to whether or not such solicitation is in the interest of protecting the health, life and property of the citizens of the city and in the interest of preserving and enforcing good government and for the security Of the city and Ira inhabitants. Sec. 5o Same--Issuance or refusal; duration. Upon approval of the application, the city manager shall issue a permit to an applicant to solicit, or to~ cause ~ solicitationtobe made. for any cause as provided in section R of this chapter, for such period as the city manager may determine not to exceed three calendar months. NO such permit shall in any case be construed or be deemed to be an endorsement by the city, the city manager or by the advisory commission provided for in section I of this chapter of any such solicitation or of the purpose for which the sane is made. In all cases where the city manager declines to issue a permit, the applicant shall upon request be 9ranted a hearing by the city manager or by someone designated by him. Messrs. Frank J. Sherertz and A. S. Rachal, Jr.. members of the Advisory Commission. appeared before Council and stated that they have examined the Ordinance as prepared by the City Attorney and are of the opinion that it meets their original suggestions and should be adopted. The City Manager advised that in his opinion it might be well to adopt the Ordinance, and if. after a proper trial period, he feels that further changes are necessary, he will so advise Council. The motion of Mr. Anderson was seconded by Mr. ~ebber and adopted by the following vote: AYES: Council members Anderson, Cornell, Mebber, and the President, Mr. Mheeler ................. 4. NAYS: None .........O. (Council members Dillard, Pickett and Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: ZONING: Mr. Earl A. Fitzpatrick, Attorney, appeared before Council and presented a reqaest of Mr. Lewis ~. ~ills that his property located on the south side of ~elrose Avenue. N. ~., east of Yam Baren Street, designated as Lots 1-4, inclusive, Block 26. ~ashington Club Land Company, be rezoned iron Special Residen~ District to Business District. Mr. Webber moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Anderson and adopted. DEPARTMENT OF PUBLIC MELFARE: Mr. Charles Lee Dickerson appeared before Couocil and stated that he cannot live on the amount of relief payments he 167 168 receives from the Department of Public Melfare uhich is less than authorized by the federal government, and, in reply to a question by Mr. Anderson, advised that he does not receive Social Security payments from the government although be paid contributions to the Social Security account over a period of eleven and one-half years. Mr. Anderson moved to refer the matter to the City Manager for study and recommendation. The motion mas seconded bf Mr. Mebber end adopted. BOUSING: The City Clerk reported the qualification of Nessrz, ffflllam P. Booker and S. Lemis Lionberger as Commissioners of the City of Roanoke Redevelop- ment and Housing Authority for terms of four years each ending August 31, 1962. The report was ordered filed. There being no further business, Council adjourned. APPROVED ~//~-Presldent COUNCIL, REGULAR MEETING, Monday, September 22, 1950 The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. September 22° 1959, at 2:00 p. m., the regular meeting hour. mith the President. Mr. ~heeler, presiding. PRESENT: Council members Anderson. Cornell, Dillard, ~ebb~ Young, and the President. Mr. ~heeler ............... AESENT: Mrs. Pickett ............1. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph G. Mhittle, City Attorney, Mr. Million F. Griggs, Assistant City Auditor. and Mr. J. Robert Thomas, City Clerk. INVOCATXON: The meeting was opened with a prayer by the Reverend Paul B. Fihe, Pastor, Cloverdale Church of the Brethren. MINUTES: Copy of the minutes of the regular meetin9 held off Monday, September 9, 1959, having been furnished each member Of Council, upon motion of NF. Young, seconded by Or. Cornell and adopted, the reading was dispensed #lth and the minutes approved ns recorded. Copy of the minutes Of the regular meeting held On Monday, September 1959. having been furnished each member of Council, upon motion of Mr. Sebber, seconded by Mr. Anderson and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMaUNICATIONS: PENSIONS-CITY SERGEANT: The City Clerk presented a communication from the City Auditor, transmitting a report of the State*s Actuaries covering a survey of the office Of the City Sergeant concerning the inclusion of employees Of that office in the Virginia Supplemental Retirement System. Mr. Mebber moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Young and adopted. REPORTS OF OFFICERS: APPOINTMENTS-SOLICITATIONS: The City Manager reported the appointment of Mr. Flare S, Baird as a member Of the Advisory Commission on Public Solicitation to fill the unexpired term of Mr. Frederic E. Bishop ending December 31, 1959. The report was ordered filed. STREETS AND ALLEYS-SIDEMALM, CURB AND GUTTER: The City Manager reported that pursuant to proper advertisement the Purchasing Agent has received bids for the construction of hem pavement, curb and sidewalk at the northeast corner of Rershberger Road and ~illiamson Road, N. N.. as follows: A. D. Alford, $8,368.20; Hartman Construction Company, $9.370.50; and Garrett, Moon and Pool, Incorporated. $13,708.75. the City Manager recommending the acceptance of the low bid of A. Alford, advising that it will be necessary to appropriate $4,969.20 ~o supplement the $3,500.00 contained in the 1958 budget for this work. 169 170 Mr. Dillard moved to direct the City Attorney to prepare n Resolution providing rot the acceptance of the bid of A. D. Xlford. Tbe motion was seconded by Dr. Cornell nnd adopted. Mr, Dillard then offered the follouing emergency Ordinance appropriating funds in the amount of $4,060.201 (n13500) AN ORDINANCE to amend and reordaln Section al40, 'Street Construc- tion#o of the 1950 Appropriation Ordinance. and providing for an emergency, (Per full text of Ordinance, sen Ordinance Dooh No. 23, Page Hr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the folleuing vote: AYES: Council members Anderson, Cornell, Dillard, Webber, Young, and the President, Hr. Rheeler ....... NAYS: None ..........O. (MFS, Pickett absent) BUDGET-DEPARTMENT OF PUBLIC MELFARE: The City Manager requested an appro- priation Of $0,000.00 for Emergency Relief in the Public Assistance account and $3,000,00 for Supplies ia the City Physician account Of the IgsB budget, both accounts having been exhausted due to the unusually heavy demand on welfare funds during the year. Mr. Kebber moved to concur in the request of the CJtI Manager and offered the folloming emergency Ordinance appropriating $11,000.00: (g13501) AN ORDINANCE to amend and reordain Section #51, 'City Physician** and Section ~52, *Public Assistance** Of the 1958 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 97.) Mr. Anderson moved to amend the Ordinance as offered by Mr. iebber to provide for an appropriation of $6,000.00 for Emergency Relief and $2.000.00 for Supplies for the City Physician. There being no second, the motion was lost; whereupon, Mr. ~ebber moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, ~ebber, Young, and the President, Mr. ~heeler ....... 6. NAYS: None .......... O. (Ers. Pickett absent) STREEYS AND ALLEYS-CURB AND GUYTER: The City Manager reported that he has had prepared the necessary information for acquisition of thirteen pieces of property along Garden City Boulevard. S. E.. as offered by the citizens concerned and referred to him by Council at its meeting of Rnl 26, 1958. which includes all of the properties required for the widening of Garden City Bonlerard, S. E., to a midth of sixty feet. along the west side, from Ray Road to the south line of Lot 8. Block 1, Long Rap. with the exception of Lots 14 and 15, Block 1, Long Rap. and along the east side, from Mabry Avenue to Billview Avenue, with the exception of Lots I and 2, Turner Rap. the City Manager advising that it might be necessary to condemn the four lots not included in the agreements and recommending that Council accept the offers of the property covered by the agreements providing for the city to widen the said street and construct curb and gutter thereon in the near future. Mr. Dillard moved to concur Jn the recommendation of the City Munager and offered the foil,wing emergency Ordinance: (n13502) AB 0RDIBABCE authorizing and directing the acquisition of certain lands necessary for the future widening Of portions Of Curden City Boulevard. S. upon certain terms end conditions; and providing for an emergency. (For full text of Ordinsnce. see Ordinance Dooh No. 23. Page Hr. Dillard moved the adoption of the Ordinance. The motion Was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson. Corn,Il. Dillard. Mebber. Young. and the President. Mr. Nheeler ....... NAYS: None ..........O. (Mrs. Pickett absent) EASBMENYS-STORM DRAINS: The City Manager reported that in connection with the construction Of a storm drain in the Villa Heights urea it will be necessary to acquire a series of easements from ten property owners in the area. which ease- ments have been tendered to the city without cost, and recommended the ucc.prance thereof. Mr. Dillard moved to concur in the recommendation of the City Munager and offered the following emergency Ordinunce: (#13503) AB ORDINABCE authorizing and directing the acquisition of certain perpetual easements for a storm drain right of wuy adjacent to Block Il according to the Map of Villa Heights; and providing for au emergency. (For full text of Ordinunce, see Ordinunce Book No. 23, Page 100.) Mr. Dillard moved the adoption of the Ordinunce. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Nebber. Young. and the President. Mr. Nh.el.r---6. NAYS: None ..........O. (MFs. Pickett absent) REPORTS OF COMMITTEES: UBFINISHED BUSIBESS: BOILBIBO CODE: Council at its meeting of September 6, 195B, having tabled until its next regular meeting a request of the Building Commissioner for the appointment of a committee to studI the Southern Standard Building Code with a view of substituting said Code for the Bari.nmi Building Code now included in the 1956 City Code, the mutter was aguin before the body. The City Clerk presented a communication from the Board of Appeul, Building Code, concurring in the recommendation of the Building Commissioner for appointment of a committee to study the city's Oullding Code with u view of nm.nd- ing it. Mr. L. G. Leftwlch, Building Commissioner, appeared before Council, stating thut his original request was in error in that he hud intended to request 171 172 n study of all Standard Building Codes mlth · vies of adopting the one best suited for the City of Roanoke in lien or the existing Nstionnl Building Code, that in his opinion the Nationsl Building Code is ~o restrictive~ i. e.. requiring construc- tion methods in excess of those needed in this area with a consequent increase in cost to builders in the city. that he believes the Southern Standard Building Code, which he has studied, would reduce the building costs in the city by relaxing certain specifications concerning snow loading, fire protection, etc.. both in construction methods and materials, that the Southern Stsndard Building Code has been prepared by engineers, architects and building officials In the southern states and is based on performance of work rather than specifications, whereas the National Building Code presently-in use by the city has been prepared by the National Board of Fire Underwriters and corers the entire United States with dis- regard to differences in the northern and southern climates and other area con- ditions. After considerable discussion of the matter; wherein it was pointed out that tbs Bulldin9 Code is designed to protect the interests of purchasers and owners Of homes and other buildings, and that while the city's present Uuildin9 Code mai be considered a rather strict one, it nevertheless is a standard prepared bI the National Board of Fire Underwriters. which, in the general opinion of Council, is unbiased in its views, and Rt. George H. Wood, Jr., President of the Roanoke Valley Home Builders Association~ having stated to Council that the member! of his Association, primarily concerned with the construction of dwelling houses which are financed by the Veterans Administration or the Federal Housing Admini- stration, haee no complaints concerning the city's present Building Code, and that the requirements of the financing agencies through which most of the hones are financed are equal to those contained in the city's present Building Code. Mr. Webber moved that no changes be initiated in the City Building Code at this tine. The motion was seconded by Mr. Dillard and adopted. ZONING: Council at its meeting of September U, 1958, having referred to the City Plannin9 Commission for study and recommendation a request of Rr. Edwin R. Young that his property located on the east side of Grandam Road. S. M., betwee~ Uluemont Avenue and Windsor Avenue. designated as Lot 22, Block 16. Raleigh Court, be rezoned from Special Residence District to Business District, the matter was again before the body. The City Clerk presented requests from the remaining property owners in the bloch for the rezoniflg of their properties to a Business District. as follows: Mary Rarguret Welsh Haase. Lot 19~ Elizabeth R. Deacon. Lot 20; Mrs. Clifton A. Woodrum. Lot 21; and Romie Helms Mllson. Lot 23. Ulock 16. Raleigh Court. Yhe City Clerk then presented the report of the City Planning Commission. advising that upon consideration of the fact that there now exists properties within the Business District on Crandin Road which have not been developed, it is. the opinion of t~ Commission that there is no necessity at this time.for the rezoning of additional property, the Commission recommending that Council deny the request of the petitioners for rezoning in the entire bloch. The City Clerk advised Council that Mr. Young has requested'a public hear- ing in the matter. Rr, Young moved to hold a public hearing on the question of rezonJng from Special Residence District to Rusiness District Lots 19-23, Inclusive. Block 16, Raleigh Court. at 2:00 o'clock, p. m.. October 20, 19S0. in the Council Chamber. and to direct Mr. Young, Attorney, to prepare notice of said hearing, hare it approved by the City Attorney and pFeseot it to the City Clerk for publication. The motion was seconded by Dr. Cornell and adopted. CONSIDERAYION OF CLAIWS: NONE. INTRODUCTION AM) CONSIDERATION OF ORDINANCES A~D RESOLUYlONS~ AIRPORTs Ordinance No. 1349T, autborinin9 the execution of a contract with Associated Aviation Underuriters for the sale of travel insurance policies and the leasin9 of counter space in the Terminal Building at the Roanoke Municipal Airport, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Dillard moved to amend the Ordinance as passed on its first reading to provide for it to become effective on the lst. day of September, 1959. since it appears that Associated Aviation Underwriters is already operating atthe Airport on the basis of the proposed contract. The motion was seconded by Dr. Cornel] and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard, Webber, Young, and the President, Hr. Mheeler NAYS: None ..........O. (Mrs. Pickett absent) Mr. Anderson then offered the following Ordinance. as amended, for its second reading and final adoption: (~13497] AN ORDINANCE authorizin9 the execution of a contract with Associated Aviation Underwriters for the sale of travel insurance policies and the leasing Of certain counter space, in the Terminal Building at Roanoke iunJcipal Airport upon certain terms and conditions. IFor full text of Ordinance, see Ordinance Book No. 23. Page 94°) Mr. Anderson moved the adoptioc of the Ordinaece. The motion was seconded by Mr. Dillard and adopted by the following rote: AYES: Council members Anderson, Cornell, Dillard, Webber, Young, and the President, Mr. Bheeler ....... ~AYS: ~one ...........O. (Mrs. Pickett absent) SOLICITATIONS: Ordinance No, 13499, amending and reordaining certain sections of Chapter 4. Title XX, of The Code of the City of Roanoke, 1956, relat- ing to Solicitations for Charitable Purposes, having previously been before Council for its first reading, read and laid over. was again before the body, Mr. Webber offfering the following for its second reading and final adoption: (=13499) AN ORDINANCE to amend and reordain Section 2. *Permit--Required; exceptions.'; Section 3. 'Same--Contents of application.'; and Section 5. 'Same-- Issuance or refusal; duration.' of Chapter 4. 'Solicitations for Charitable Pur- poses.' of Title Roanoke, 1956. 173 174 (For full text of Ordinance. see Ordinance Book No, 23, Page g$.) Hr. Yebber moved the adoption of the Ordinance. The motion mas seconded by Rt. Anderson and adopted by the follomiug vote: AYES: Council members Anderson, Cornell, Dillard. Rabbet, Young. and the President. #rD Iheeler ....... 6. NAYS: None ..........O. (NFs. Pickett absent) FUEL OIL: Council at its meeting of September 15, 19SO, having directed the preparation of Resolutions accepting the low bids of the Sinclair Refining Company and Fuel Oil and Equipment Company. Incorporated. respectively, for the city's fuel oil requirements for the 1958-59 heating season. Hr. Young offered the following Resolution accepting the proposal of the Sinclair Refining Company: (a13504) A RESOLUTION accepting the proposal of Sinclair Refining Company for supplying the City's requirements for Nos. I and 2 fuel oil for the 1958-59 season. (For full text of Resolution. see Resolution Book No. 23, Page 102.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, ~ebber, Young. and the President, Rt. ~heeler ....... 6. NAYS: None ..........O. (~rs. Pickett Absent) Mr. Young then offered the following Resolution accepting the.proposal of Fuel Oil and Equipment Company. Incorporated: (x13505) A RESOLUTION accepting the proposal of Fuel 011 and Equipment Company. Incorporated. for supplying the City*s No. 6 fuel bil requirements for the 1950-59 season. (For full text Of Resolution. see Resolution Book No. 23. Page 102.) Br. Young moved the adoption of the Resolution. Yhe motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Rabbet, Young, and the President. Mr. Wheeler ...... 6. NAYS: ~one ......... O. (~rs. Pickett absent) COAL: Council at its meeting of September 15. 1956. having directed.the preparation Of Resolutions providing for the acceptance of the lam bids of the Sovereign Pocahontas Company and the Old Dominion Coal Iron and CokeCorporation, respectively, for the city's coal requirements for the 1958-59 heating season. Dr. Cornell offered the following Resolution accepting the proposal of the Sovereign Pocahontas Company: (#13506) A RESOLUYION accepting the proposal of Sovereign Pocahontas Company for supplying the City's furnace coal requirements for the 1950-59 season. (For full text of Resolution, see Resolution Book No. 23, Page lOS.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Hr. Young and adopted by the folloming vote: AYES: Council members Anderson, Cornell, Dillard, Rebber, Young, and the President. Mr. Mheeler NAYS: None .........O. (Hrs. Pickett absent) Mr. Young then offered the folloming Resolution accepting the proposal of the Old Dominion Coal Iron and Coke Corporation: (#13507) A RESOLUTION accepting the proposal of Old Dominion Coal Iron and Coke Corporation for supplying certain of the City's coal requirements for the 19S0-59 season. (For full text of Resolution. see Resolution Hook No. 23. Page 104.) #r. Young moved the adoption of the Resolution. The motion was seconded by Hr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Mebber. Young, and the President. ~r. Mheeler NAYS: None .........O. (Rrs, Pickett absent) ROTIONS AND MISCELLANEOUS BUSINESS: RATER DEPARTMENT: Mr. Richard T. Edwards, Attorney for ~addy C. and Evelyn F. Atkins. appeared before Council, advising that a 9.2-acre tract of land owned by his clients, designated as Official Tax No. 4350605. located on the south- easterly side of Bennington Street. S. E., southwesterly from Riverside Terrace. has a cloud upon its title by reason of certain Water rights owned by the City of Roanoke as successor in title to the Roanoke Cas and Mater Company, which rights the petitioners believe to be no longer of use to the City of Roanoke, and request- ed that the city release the said water rights. Mr. Dillard moved to refer the matter to the City Attorney for study and recommendation. The motion was seconded by Mr. Anderson and adopted. WATER DEPARTMENT: Dr. Cornell stated that he is of the opinion that more recreational use Of the Carvlns Cove Lake area can be had by the citizens of the community if the area iS adequately lighted and provided with adequate picnic. boating and other facilities Of a recreational nature and that he believes this can probably be accomplished by leasing of the said concessions to private enter- prise for development and operation, Dr. Cornell moving that abe question be referred to a committee to he appointed by the Mayor for a study Of the feasibilit of such a development and operation and to submit its report and recommendations to Council. The motion was seconded by Mr. Dillard and adopted. JUVENILE DETENTION HOME: Mr. Anderson stated that recent stories in the local newspapers have indicated that certain of the counties surrounding the City of Roanoke are in the process of making studies in connection with the establish- ment of a Regional Juvenile Detention Home and have had several meetings recently among representatives Of the counties in which meetings the City Of Roanoke has not participated although the original survey of thepossibillty of a Regional Juvenile Detention Home was originated by the Youth Commission of the~City of Roanoke, Mr. Anderson advising that in his opinion it will be necessary for the City of Roanoke to make an early decision on whether it should enter into such a 175 176 regional project or continue to provide its own detention home facilities, and moved to refer the question to a committee composed of Mayor Vincent S. Mheeler, Cbairmau. Mrs. Mary C. Pickett, Mr. Arthur S. Owens, Mr. Hnndolpb G. MbJttle and Miss Bernice P. Jones, which committee wes appointed by Council at its meeting of August 110 195§, for study of certain housing facilities and the possibility their use for a Juvenile end Domestic Relations Court or a Juvenile Oeteutiou Home. for study and recommendation. The motion mas seconded by Dr. Cornell and adopted. ELECTION OF OFFICERS: The Mayor stated that the terms of J. Robert Thomas, City Clerk, Randolph O. ~hittle. City Attorney, and Harry R. Yates, City Auditor. whose terms are for tho years each, and Heverly T. Fitzpatrick. Chief Municipal Judge. James Mllliam Flippin, Municipal Judge. and Robert M. Spessard, Substitute Municipal Judge, whose terms are for four years each, will expire on September 30. 1956, and called for nominations to fill these offices. Mr. Young placed in nomination the name of hr. Jo Robert Thomas for City Clerk. Mr. Webber moved to close the nominations. The motion was seconded by Dr. Cornell and adopted. Hr. J. Robert Thomas was reelected as City Clerk for a term of two years beginning October 1, 1950. by the following vote: AYES: Council members Anderson, Cornell. Dillard. Nebber. Young. and the President, Mr. ~heeler ...... 6. NAYS: None ......... O. (Mrs. Pickett absent) Mr. Webber placed in nomination the name of Mr. Randolph G. ~hittle for City Attorney. There being ua further nominations, the Chair declared the nominations closed. Mr. Randolph G. Whittle was reelected as City Attorney for a term of two years beginning October 1, 1950. by the following vote: AYES: Council members Anderson. Cornell. Dillard. ~ebber, Young. and the President. Mr. ~heeler ...... NAYS: None ..........O. (HFS. Pickett absent) Hr. Anderson placed ia nomination the name of Mr. Harry R. Yarns for City Auditor. Mr. Youn9 moved to close the nominations. .The motion was seconded by Mr. Webber and adopted. Mr. Harry R. Yates ~as reelected as City Auditor for a term of two years beginning October 1, 1958, by the following vote: AYES: Council members Anderson, Cornell, Dillard, Webber, Young, and the President, Mr. Mheeler ...... 6. NAYS: None .......... O. (Mrs. Pickett absent) Mr. Young placed in nomination the ~ me of Heverly T. Fitzpatrick for Chief Municipal Judge. Mr. ~ebber moved to close the nominations. The motion mas seconded by Mr. Young and adopted. Judge Beverly T. Fitzpntrick mas reelected as Chief #unicipal Jcdge for a term of four years beginning October 1, 1950, by the follouiog vote: AYES: Council members Anderson, Cornell, Dillard, #ebber, Young, and the President, Hr. #heeler ...... 6. NAYS~ .None ......... O. (Mrs. Pickett absent) Hr. Dillard placed Jn nomination the name of James ~illiam Flippin for #unicipal Judge. Dr. Cornell moved to close the nominations. The motion mos seconded by Mr. Anderson end adopted. Judge James William Flippin mas reelected as Municipal Judge for a term of four years beginning October 1, 1950. by the following vote: AYES: Council members Anderson. Cornell, Dillard. ~ebbeF. Young. and the President, Mr. ~heeler ...... NAYS: None .........O. (Mrs. Pickett absent) Mr. Dillard stated that in his opinion the Substitute Municipal Judges could be dispensed with since Council recently agreed to a third full-time judge, to which office Judge Flippin was appointed, it being his recollection that the Chief Municipal Judge bad stated that he would no longer need the Substitute Municipal Judges when the third full-time Municipal Judge was available. After some discussion, Dr. Cornell moved to table the question of appoint- ing a Substitute Municipal Judge until the next regular meeting of Council. The motion was seconded by Mr. Webber and adopted. BUILDING CODE: The Bayor stated that the term of Mr. Frank Darner as a member of the Beard of Appeal, Building Code, will expire September 30, IgSB, and called for nominations to fill the position for a five year term. Mr. Dillard placed in nomination the name Of Frank Harner as a member of the Board of Appeal, Building Code. Mr. Young moved to close the nominations. The motion was seconded by Mr. Webber and adopted. Mr. Frank Namer was reelected as a member of the Board of Appeal, Buildln. Code, for a term of five years beginning October 1, 195B, by the following vote: AYES: Council members Anderson. Cornell, Dillard, ~ebber. Young, and the President, Mr. Nheeler ...... NAYS: Hone .........O. (Mrs. Pickett absent) There being no further business, Council adjourned. APPROVED President 177 178 COUNCIL, REGULAR MEETING, Monday, September 29, 1950. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. September 29. 19§S. at 2:00 o°cloch. p. m** the regular meeting hour. mith the President. Mr. Mheeler, presiding. PRESENT; Council members Anderson. Cornell. Dillard, iebber. Young. and the President. Mr, Mheeler ............... ABSENT: Mrs. Pickett ............1. OFFICERS PRESENT: Br. Arthur S, Owens. City Manager. Mr. Randolph G. Ehittle, City Attorney, Mr. Harry R. Yates. City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Earl Phlegar, Pastor, Southriew Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, September 22, If50. having been furnished each member of Council, upon motion of Mr. Young, seconded by Br. Webber and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC BATTERS: ZONING: Council at its meeting of August 25, 195D, baring set a public hearing for 2:00 o'cinch, p. m., September 29. 1950, in the Council Chamber. on the request of Roanoke Hospital Association and Mr. and Mrs. C. B. Houck that the property located on the northwest corner of Jefferson Street and BcClanahan Street, S. N., designated as Official Tax No. 1041003, be rezoned from General Residence District to Business District, and notice Of said hearing having been published in The Roanoke World-News on September 12, 195D, and the City Planning Commission having previously recommended that the request be granted, the hearing was held at which no one appeared in opposition. Mr. W. A. Dickinson, Attorney for the petitioners, appeared before Council and requested that the property be rezoned as requested by his clients.. Br. Bebber moved to concur in the request and that the following Ordinance be placed upon its first reading: (eI350D) AN ORDINANCE to amend and reenact Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke, 195b. in relation to Zonin9. WHEREAS, application has been made to the Council of the City of Roanoke to have property located On the northwest corner Of Jefferson Street and BcClanahan Street. S. N.. Roanoke, YJrginia, designated as Official Tax No. 1041003 and being shown as new Lot M-I on that certain plat prepared by C. B. Malcolm and Son. dated December 14, 1953, and of record in the Clerk*s Office of the Bustings Court of the City of Roanoke, ~irginia, in Deed Book 921, page 205, rezoaed from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Business District as request- ed; and RREREAS, notice required by Title XY. Chapter 4. Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning. has been published in ~Yhe Roanoke ~orld-Neus'. a newspaper published in the City or Roanoke. for the time required by said section; and RREREAS, the hearing os provided for in said notice published in the said newspaper was held on the 2gth day of September, 195B. at 2:00 o'clock, before the Council of the City of Roanohe in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affected area Here given an opportunity to be heard both for and against the proposed rezoning; and MHEREAS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested. TBEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title XV. Chapter 4, Section 1, of The Code of the City of Roanoke. 1956. relating to Zoning. be amended and reenacted in the following particular and no other, viz.: Property located on the northwest corner of Jefferson Street and RcClanahan Street, S. M., Roanoke, Virginia. described as new Lot M-I on that certain plat prepared by C. B. Malcolm ~ Son, dated December 14, 1953, and of record in the Clerk's Office of the Hustings Court of the City Of Roanoke. Virginia, in Reed Book 921. page 285, designated on Sheet 104 of the Zoning Map as Official Tax No. 1041003, be, and is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard, Bobber, Young, and the President. Mr. ~heeler ................ 6. NAYS: None ...................O. (Mrs. Pickett absent) ZONING: Council at its meeting of August 25, lqSa. having set a public hearing for 2:00 o!clock, p. m., September 29, 1958, in the Council Chamber, on the request of Messrs. Carl A. Montgomery and C. O. Milliams that their property fronting on the north side of Shenandoah Avenue. N. R.. extending from a point approximately 1.200 feet west of Thirty-sixth Street westmard to the city limits. be rezoned from General Residence District to Business District, the City Planning Commission having previously recommended that the request be granted, and on the recommendation of the City Planning Commission that the adjacent lots owned by Mr. F. A. Jordan. Official Tax No. 2?30219, and Mr. Leslie E. Slier. Official Tax Nos. 2?30220 and 2?30221. also be rezoned from General Residence District to Business District, and notice of said hearing having been published in The Roanoke Rorld-Nems on September 12, 1956. the hearing was held at which no one appeared in opposition. Rr. A. T. Loyd, Attorney for Messrs. Montgomery and gilliams, appeared before Council and requested that the body concur in the recommendation of the City Planning Commission. Rt. Young moved to grant the request and that the following Ordinance be placed upon its first reading: 179 :180 (n1350g) AR ORDINANCE to amend and reenact Title XV, Chapter 4o Section 1. or The Code of the City of Roanohe, 1956, ia relation to Zoning. RREREAS, application has been made to thn Council of thn City of Roanohe to hare property described ns follows: RESINNING at a point on the North side of State Secondary Road 1432. knomn as Veterans Facility Road. at the Mestern corporate limits of the City of Roanoke. Virginia. being the center line of Peter*s Creek; thence leaving the North line of the aforesaid State Secondary Road 1432. and follow- ing the City corporate line, which is the center line of Peter*s Creek the following courses and distances: N. 15 53' E. 55,9 ft. to a point; N. 24° 07' M. 100.2 ft. to a point; N, 4§° 00' M. 150 ft. to a point; N. ?1° M. 94.5 to a point; S. 84° 43* ~. 57ft. to a point; thence leaving the corporate line of the City of Roanohe. Virginia being the center line of Peter*s Creek. N. 72° 35' E, 220 ft. to a point; thence S. 67° 52* E. 116.36 ft. to a point; thence N. 53o 35' E. 407.77 ft. to a point; thence N. 74° 10' E. 590 ft. to a point; thence S. 05° 24' E. 120 f~ to a point; thence S. 4° 26' E. 356.2 ft. to the north side of State Secondnr7 Road 1432 (60 ft. mide}; thence following the north side of State Secondary Road 1432 along'a chord S. 75° 41' ~. 155 ft. to a point; thence S. 72° 35' ~. 976.1 ft. to the place of BEGINNING, and being the south part of Lot Official N. 2730101, and all of Lots 1, 2, 3, 33 and the southerly part of Lot 32, according to the Map of Oak View Beights, recorded in Plat Book 1. page 276, in the Clerk*s Office of the Circuit Court for the County of Roanoke. Virginia rezoned from General Residence District to Business District; and · HEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Business District as requeste and also the following lots as shown on Map of Oak View Heights, recorded in Plat Book 10 page 276, in the Clerk*s Office of the Circuit Court for the County of Roanoke, Virginia: Lot 4. Official NoD 273021q = F. A. Jordan, et ux Lot 5, Official No. 2?30220 - Leslie E. Slier. et ux Lot 6, Official No. 2730221 - Leslie E. Stler. et ux; and ~HEREAS. notice required by Title XV. Chapter 4, Section 43. of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in "The Roanoke ~orld-Nems", a newspaper published in the City of Roanoke, for the time required by said section; and NREREAS, the hearing as provided for in said notice published in the said newspaper was held on the 2gth day of September, 1950, at 2:00 oJclock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Runicipal Building, at which hearing property owners and other interested parties in the affected area were 91yen an opportunity to be heard both for and against the pro- posed rezoning; and MREREAS. this Council. after considering the evidence presented, is of the opinion that the above parcels of land should be rezoned as requested. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4. Section 1, Of The Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located On the North side of State Secondary Road 1432, known as Veterans Facility Road, and described as follows: PARCEL NO. 1 BEGINNING ut · point on the North side of State Secondary Road 1432, known os Veterans Facility Road, at the Nestern corporate limits Of the City of Roanoke, Virginia, being the center line of Peter*s Creek; thence leaving the North line of the aforesaid State Secondary Road 1432, and follow- ing the City corporate line, which is the center line of Peter's Creek the following courses and distances: N. 15o 53* E. S5,9 ft. to a point; N. 24° 07' i. 100.2 ft, to a point; N, 46o 00' ~. 156 ft. to a point; N. 71° M. 94.5 ft. to a point; S. 64° 43* M. 57 ft. to a point; thence leaving the corporate line of the City of Roanoke, Virginia being the center line of Peter*s Creek, N. 72° 35* E. 220 ft. to a point; thence S. 67o 52* E, 116.36 ft. to a point; thence N. 530 35' E. 407.77 ft. to a point; thence N. 74° 10' E. 590 ft. to a point; thence S. 65° 24' E. 120 ft. to a point; thence S. 4° 26' E. 356.2 ft. to the north side of State Secondary Road 1432 (60 ft. wide); thence following the north side of State Secondary Road 1432 along a chord S. 75° 41' M. 155 ft. to a point; thence S, 72° 35* ~. 976.1 ft. to the place of BEGINNING. and being the south part of Lot Official N. 2730101, and all of Lots l. 2, 3, 33 and the southerly part of Lot 32. according to the Map of Oak View Heights, recorded in Plat Dunk 1, page 276, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia. PARCEL NO. 2 Lots 4, 5 and 6. as shown on the Map of Oak View Heights recorded in Plat Dunk 1, page 276, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, being designated as: Lot 4. Official No. 2730219 - F. A. Jordan. et ux Lot S. Official No. 2730220 - Leslie E. Slier, et ux Lot 6, Official No. 2730221 - Leslie E. Slier, et ux designated on Sheet 273 of the Zoning Map as Official Tax No~ 2730101; 2370219; 2730220; and 2730221, be. and is hereby changed from General Residence District to Business District and the Zonin9 Rap shall be changed in this respect. The motion was seconded by Mr. ~ebber and adopted by the followin9 vote: AYES: Council members Anderson. Cornell, Dillard. Dabber. Young. and the President, Mr. ~heeler ................ NAYS: None ...................O. (Mrs. Pickett absent) ZONING: Council at ~ts meeting of August 25. 195g. having set a public hearing for 2:00 o'clock, p. m., September 29, 1958, in the Council Chamber. on the request of Mr. Leo F. Henebry that a 10.5 acre tract Of land located on the east side of Hollins Road, designated as Official Tax No. 3300104. be rezoned from General Residence District to Light Industrial District. and notice of said bearing having been published in The Roanoke ~orld-News on September 12. 1950, and the City Planning Commission having previously recommended that the request be granted, the hearing was held. Mr. Anderson stated that, for the reason that his law partner, Mr. E. Oodson, Jr., originally represented the petitioner in this case, he feels that as a matter of principle he should not participate in the matter and consequently is disqualifying himself and will not vote on the matter, Hr. M. B. Hopkins appeared before Council and stated that Mr. E. G. Dodson. Jr** has withdrawn from the case and that he now represents the petitioner, Mr. Hopkins stating that he is well aware that there will be considerable opposition to the request for rezoning of the property of his client, that the opposition will come from residents of the residential subdivisions lying to the west of the 181 site ·cross Hollins Re·d, ·long the west side of which his client owns · strip of land 125 feet wide which would act es · buffer between the proposed industrial development and the residential urea, tb·t the planned extension of lhJteslde Street to conneot with Hollins Road is designed as a truck route to serve the business and Industry loc·ted on Nhiteside Street to the south of the site, end that the development of this proposed truck route will tend to mate his client*s property undesirable for residential purposes and consequently deny his client further use of the property unless it can be rezoned, Mr. Hopkins stating that if the rezoning is accomplished as requested it is the intention of the Hake Manu- facturing Company to erect a plant for the conduct of its business in the center of the tract, said business being the manufacture of plastic boxes and other items. that the plant is a clean, odorless, smokeless plant which would mst be detrimental to the surrounding neighborhood, end further that the plant building would be an attrative one and would not draw excessive traffic to the area. Mr. Hopkins then presented a letter from Hr. A. M. Coon, owner of the property contiguous to the site on the north, advising that in his opinion the erection of the plant would in no way damage nearby residential property, including his own, and that he favors the requested reaoning; a petition bearing the signatures of sixteen property owner residents of Palmer Court. lying in Roanoke County immediately east of the proposed plant site. advising that they are in favor of the requested rezontng and the erection of the Hake Manufacturing Company plant; and a petition bearing the signatures of twenty-five property owners in the residen- tial subdivision to the west of the proposed plant site, expressing their approval Of the requested resuming and plant construction. Mr. Jack M. Goodykoontz, Secretary of the Roanoke Valley Development Corporation, Incorporated. appeared before Council and presented a Resolution of the Board of Directors Of that Corporation, endorsing the recommendation of the City Planning Commission for resuming of the tract as requested by Mr. tlenebry and, also, recommending that the remaining acreage lying to the east Of Hollins Road be rezoned to provide for further industrial expansion. Mr. Goodykoontz point- lng out to Council that the property in question has been considered for some eight years as a potential industrial area and that it is difficult to find property suitable for industrial development in the city to meet the growing needs of economy and thus provide adequate job facilities for the expanding population. Mr. Richard T. Edwards appeared before Council and stated that he is Attorney for a group of citizens and residents of the subdivisions lying to the west of the land requested to be rezoned and prese~ed a petition bearing five hundred and thirty-eight signatures, amon9 which two hundred and sixty-four homes in the Drentwood and Fenton Court Subdivisions were represented, the said petition stating that the property owners had purchased their homes in the area without anticipating that any industrial development would tahe place near the subdivisions that, while the operations of the Hake Manufacturing Company may not intrude too greatly on the residential scene, the resuming could open the door to more object- ionable operations, that the new proposed Monterey Elementary School site is immediately across Hollins Road from the proposed factory site, that increased traffic on Hollins Road would be detrimental to the safety of the children in the area, and that the erection of the proposed factory mould lamer the value of their residential property, the petitioners, therefore, opposing the requested rezoning. Mr. Edmards also presented a petition bearing tug signatures of residents of Roanoke County mbo live immediately to the rear of the land proposed to be rezoned, opposing the requested rezoning, and stated that his clients oppose the rezoning on the basis that it mould be spot zoning and open the way rot further industrial zoning north of Rte Beuebry*s property, Hr. Eduards stating that, in his opinion, if the property has been considered as an industrial site for over a period of eight years, the rezouing request should have been made eight years ago rather than now after the development of the area to the west as residential pro- perty, Mr. Nebber asked the City Attorney mhetber a simple majority or a five- sevenths vote of Council is necessary to pass an Ordinance rezoning the property, to which Mr, Nhittle replied that he would need some time to study the case and the petitions filed therein before he could render an opinion in the matter. Mr. Webber moved to continue the hearing until T:30 o'clock, p. m., October 20, lqSB, in the Council Chamber. The motion was seconded by Mr. Young and adopted, Mr. Webber then moved to request the City Attorney to furnish Council an opinion as to the number of votes needed for the passage of an Ordinance to accom- plish the requested rezoning. The motion was seconded by Mr. Young and adopted, Messrs. Cornell and Dillard voting no. PETITIONS AND COMMUNICATIONS: WATER DEPARTMENT: The City Clerk presented a communication from Mr. Raymond W. Reador. requesting that fishing be permitted one night each week in the Carrins Cove Reservoir. Rt. Dillard moved to refer the request to a committee composed of Dr. C. R, Cornell, Chairman, ~r. Roy L. ~ebber, and Rr. baiter L. Young for study and recom- mendation. The motion was seconded by Rt. Anderson and adopted. CITY JAIL: The City Clerk presented a communication lrom Rr. Ralph A. Glasgow, advocating the construction of a prison camp for citI prisoners at either Carrins Core or Coyner Springs. Rt. Anderson moved to refer the request to a committee composed of ~essrs. Walter L. Young, Chairman, Arthur S. Owens and H. Cletus Hroyles for study and recommendation. The motion mas seconded by Br. Cornell and adopted. BUDGET-SCHOOLS-SIDEWALK, CURB Ah~ GUTTER: The .City Clerk presented a communication from Mr. Floyd G. Hancock, stating that. since some half million dollars is to be repaid the city general fund from the school bond funds, he recommends that enough of the said funds be appropriated for the construction Of concrete curb, gutter and sidewalks so that all such mark for which petitions have been filed by citizens can be accomplished. Rt. ~ebber moved to table the matter for consideration along with the 1959 budget study. The motion was seconded by Mr. Anderson and adopted. 183 Mr. Dillard thoa stated that the construction of concrete curb and gutter has created a drainage problem ia various sections of the city and, in his opinion. coasideritlon should be given ia the construction of storm drains, particularly in the Milllanson Road area, and moved to direct the City Manager to place in the 1959 budget estimate funds for beginning storm drain construction in the'Milllomson Road area. The motion mas seconded by Dr. Cornell and adopted. SEMAGE DISPOSAL: The City Clerk presented a Resolution of ~he Board of Supervisors of Roanoke County, requesting that the contract of September 2§, 1954, betmeen the City of Roanoke and the County of Roanoke. dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a tract of land containing tmelve acres lying on the east side of State Route 625, approximately one mile north of Hershberger Road. the tract being a county school site. Mr. Young moved to refer the request to a committee composed of Messrs. Roy L. ~ebber, Chairman, Molter L. Young, Arthur S. Owens and Randolph G. Mhittle for study and recommendation. The motion was seconded by Hr. Dillard and adopted. SEWAGE DISPOSAL: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, requestin9 that the contract of September 28. 1954. betmeen the City Of Roanoke and the County Of Roanoke. dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an area approxi- mating one and one-half acres, lying on the west side of U. S. Highway 220 at its intersection with U. S. Highway 119. Rt. Dillard moved to refer the request to a committee composed of Messrs. Roy L. Rebber. Chairman. Nalter L. Young, Arthur S. Owens and Randolph G. ~hittle for study and recommendation. The motion was seconded by Dr. Cornell and adopted. STATE BIGHIIAYS: The City Clerk presented a communication from the City Plannin9 Commission. transmittin9 a plan of the #Proposed Limited Access Highway Through Central Business District, City of Roanoke, Virginia,' in connection with the spur line from the Interstate Highway, which plan the Commission advised that it accepts in general and recommended that Council approve the said plan, the City Planning Commission advising that, in its considered judgment, if the spur is built in accordance with the route proposed, plans should be developed for the future extension of the highway from Elm Avenue southward to Franklin Road and to the city limits. Mr. ~ebber moved to hold a public hearing on the proposal at 7:30 otclock, p. m., October 27, 1956. in the Council Chamber. The motion was seconded by Mr. Dillard and adopted. REPORTS OF OFFICERS: BUDGET-JUVENILE A~D DOMESTIC RELATIONS COURT: The City Manager requested an appropriation of $225.00 for stationery and office supplies and $25.00 for postage in the Juvenile and Domestic Relations Court account. Dr. Uornell moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~13510) AN ORDINANCE to amend end reordain Section 823, 'Juvenile and Domestic Relations Court** of the lgSg Appropriation Ordinance. and providing for aa emergency. (For full text of Ordinance, see Ordinance Boob No. 23. Page 104.) Dr. Cornell moved the adoption of the Ordinance. The notion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard, Webber. Young, and the President, Mr, Wheeler ................ 6. NAYS: None ...................O. (Mrs. Pickett absent) BCDCEY-ARMORY~ The City Manager advised that the use of the National Ouard Armory, due to the destruction of the American Legion Auditorium, has resulted in the depletion of the mage account and recommended a transfer of $500.00 from Supplies to Magus in the Armory account. Mr. Young moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (s13511) AN ORDINANCE to amend and reordain Section nbB, *Armory** of the lgSO Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 105.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Dr. Cornell and adopted by the following vote:. AYES: Council members Anderson, Cornell, Dillard, Nebber. Young, and the President, Mr. Mheeler ................ NAYS: None ...................O. (Mrs. Pickett absent) SEWAGE DISPOSAL: The City Manager reported that in consequence of an application filed'by him with the State ~ater Control Board for funk to enlarge the Sewage Disposal Plant under Section 6 of Public Law 660, adopted by the B4th Congress, the Board at its meeting of September IS, IgSB,. allocated to the City of Roanoke $141.?O7o00, the City Manager recommending that Council authorize the acceptance of the allocation. Mr. Nebber moved to direct the City Attorney to prepare a Resolution providing for the acceptance of the allocation as recommended by the City Manager. The motion WaS seconded by Mr. Young and adopted. ARMORY: The City Manager reported that he ~as been advised by The Adjutant General of Virginia that the City of Roanoke's commitments to the state for the construction of the Natiooal Guard Armory have been discharged, the city having paid the state $130,000.00 of the $150,000.00 originally committed in the contract which leaves an unexpended balance of approximately $20,000.00 in the bond funds for the Armory-Stadium account, the City Manager stating that because of the extensive use of the National Guard Armory for various citizen activities and because the Armory in the past summer at times was uncomfortable, he .has caused an estimate of the cost for air conditioning of the said Armory to be made, which estimate amounts to $22,000.00. the City Manager advising that in his .opinion no better use can be made of the remaining bond funds and that Yhe Adjutant General :].85 186 of Virginia has informed him that It is agreeable with that Office to expend the money for this purpose, provided the Improvements neet the approval of the state*s architect. . #r, Dillard moved to table the matter for consideration along uith the 1959 budget, The motion mas seconded by Mr, Young and adopted, · Mr. Anderson then moved to authorize the City Manager to obtain bids for air conditioning the National Guard Armory for consideration of Cooncflo The motion Has seconded by Mr, ~ebber and adopted. PURCHASE OF PROPERTY-RECREATION DEPARTMENT: Y~e City Manager reported that pursuant to the direction of Council at its meeting of September 9, 1950. the Director of Parks and Recreation bas consulted with the Advisory Committee appoint- ed in connection with the recreation center ut the nemly acquired Batenan property and that said Advisory Committee has reconnended that the official name Of the recreation center be "Villa Heights Community Center", in which recommendation both the DJrecotor of Parks and Recreation and the City Manager concur. Mr. Young moved to concur in the recommendation and offered the following Resolution: {~13512) A RESOLUTION naming the real estate recently acquired from the Heirs of Ernest Edward Bateman "Villa Heights Community Center" and incorporating the sane into the City*s park system. (For full text of Resolution, see Resolution Rook No. 23, Page 105.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the follouing vote: AYES: Council members Anderson, Cornell. Dillard, Hobber, Young, and the President, Mr. Mheeler ................ NAVS: None ...................O. (Mrs. Pickett absent) POLICE DEPARtmENT: The City Manager reported that Police Officer Joseph B. King is still unable to return to duty because of injuries received on October 1957, and that the period during ~hich his full salary, may be paid will expire on October 2, 1958. the City Manager recommending that Council authorize an additional sixty day period during which Officer King's full salary might be paid. Dr. Cornell moved to concur in the recommendation of the City Manager and offered the following Resolution. (m13513) A RESOLHTION directing that Joseph B. King. a member of the Police Department, be paid his regular salary for a period of sixty days beginning October 2, 195B. (For full text of Resolution, see Resolution Book No. 23, Page 106.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, ~ebber, Young, and the President, ~r. lheeler ................ NAYS: None ...................O. (Mrs. Pickett absent) DEPARTMEIIT OF PUBLIC ~ELFARE: The City Manager reported that he has investigated the complaint of Mr. Charles Lee Dickerson, a welfare client, that he is not receiving Social Securlty payments to which he is entitle and that he cannot live on the welfare grant received through the City Department of Public Welfare, and that his investigation has disclosed that Mr. Dicherson is not eligible rot, and, consequently, ls not receiving, Social Security payments from the United States Government. The City Manager further reported, verbally, that Mr. DJckerson is receiv- Ing the waxlmuw awount of relief to which he is entltled under the city's welfare policies and appropriation. Mr. Webber moved to concur in the report of the City Manager. The motion was seconded by Mr. Young and adopted. SIGNS: The City Manager reported that the city frequently receives request from property owners for permission to install signs upon their property within areas where Council has established setback lines for future street widening pur- poses and recommended the adoption of a Resolution authorizing the Building Commis- sioner to issue such permits under certain conditions. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following Resolution: (z13514) A RESOLUTION conditionally authorizing the Building Commissioner to issue permits for the erection of signs within areas designated by Council for future street widening purposes. (For full text of Resolution, see Resolution Book No, 23. Page 105.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Webber, Young, and the President. Hr. Wheeler .............................................. NAYS: Council members Cornell and Dillard---2. (Mrs. Pickett absent) TRAFFIC: 'The City Manager reported that he has again studied the request of Mr. A. F. Wagner for the installation of a traffic light at Seventeenth Street and Orange Avenue, N. M., and has concluded that a traffic light at the intersectio might be desirable, consequently, he intends to include funds for that purpose in the 1959 budget estimates, at which time Council can decide thereon, and that sub- sequently, if Council appropriates the funds, the work can be done in the following year. Mr. Young moved to concur in the report of the City Manager. The motion was seconded by Dr. Cornell and adopted. BUSES: The City Manager reported that the Safety Motor Transit Company has expressed a desire to meet with Council concerning its transportation problems sometime during the latter part of October and that a copy of the company's financial and operating statements has been furnished to each member of Council for study. Mr. Webber moved to place the matter on Council's agenda for its regular meeting of November 3, 1950, and to notify the company that it will be heard at that time. The motion was seconded by Dr. Cornell and adopted. 187 188- JOB ClASSIFICATIONs The City Manager, pursuant to the provisions of Ordinance No, 13288, submitted a report on the adequacy and status of the Clty°s Salary and #age Plan, in which he stated it is felt that the Salary and Wage Plan has wore than proved itsusefulness during the last year,.that the majority of employees has expressed its satisfaction therewith and that the administrative machinery is functioning smoothly in developing the various facets of the plan, the City Manager, homever, recomwending that Subsection lO-e (3) of Ordinance No. 13288 be amended in order to accelerate advancement into the wanagement control rates by perwitting in-grade increases into the management control rates on the basis of one-half step after eight years of service and advancement within the management control rates to a full step at ten years, a half step at thirteen yearn and a full step at fifteen years, the City Manager explaining that such a change would eliminate unnecessarily long waiting periods for advancement in pay and result in an increase in Initiative and morale of the affected employees. Mr. Mehber moved to table the matter until the next regular meeting of Council. The motion was seconded by Dr. Cornell and adopted. REPORTS OF COMMITTEES: SEWAGE DISPOSAL: Council at its meeting of July 28, 1958. havin9 referred to a committee composed of Messrs. Roy L. Webber, Chairman, Molter L. Young, Arthur S. Owens and Randolph 6. Whittle for study and recommendation a report of Alvord. Uurdick and Howson. Consulting Engineers, concerning the proposed enlarge- ment of the City's Sewage Treatment Plant. the committee submitted its report, recommending as follows: #1. The City Manager be authorized and directed to secure .the services of Alvord, Ourdlck and Howson for the preparation of necessary plans, specifications, etc. to enlarge the Sewage Disposal Plant to meet the needs of an estimated population in the area of IUO,O00 people by IqTs, increas- ing the plant capacity by 55 per cent to gallons per day. 2. The City Manager direct and request the firm of Alvord,. Rurdick. and Rowson to prepare several alternate plans and prograws mhich would permit portions of the proposal of July 8, 1959. to be deferred if Council decides to go on with portions of the ~ork rather than the whole estimate. 3. The City Manager, on receipt of the proposed plans and specifications from the firm of Alvord, Burdick and Howson. be authorized and directed to secure public bids for the ~hole and for alternates and to submit them to the City Council as expeditiously ns possible. 4. The Committee, at a subsequent date. Hill report to Council their recommendation as to financing the necessary alter- ations and extensions.# Mr. Webber then offered the following Resolution: (~13515) A RESOLUTION concurring in the committee*s report ~itb reference to the enlargement of the City*s sewage treatment plant; directing the City Manage to employ engineers to prepare necessary plans; directing the City Manager, upon receipt of such plans, to publicly advertise for bids for the enlargment of said plant, and to submit all proposals received to this Council for its consideration. (For full text of Resolution, see Resolution Rook No. 23. Page 107.) Mr. ~ebber moved the adoption Of the Resolution. The motion was seconded by Mr. Young and adopted by the folloming vote: AYES: Council members Anderson, Cornell, Dillard, Webber, Young. nad the President, Mr, Mheeler NAYS: None ...................O. (Mrs. Pickett absent) UNFINISHED BUSINESS: . . PENSIONS-CITY SERGEANT: Council at its meeting of September 22. 195B, having tabled until its next regular meeting the actuarial report of Bowles, Andrews and Towne. Actuaries of the Commonwealthof Virginia. Virginia Supplemental Retirement.System, covering the City Sergeant and employees in thd office of the City Sergeant concernin9 admission of the said employees into the said Virginia Supplemental Retirement System, the matter mas again before the body. Mr. Webber moved to direct the City Attorney to prepare a Resolution providing for Council*s consent to coverage of the City Sergeant and employees in the office of the City Sergeant only in the Virginia Supplemental Retirment System. The motion was seconded by Dr. Cornell and adopted. CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AN~ CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS-SIDEMALK. CURD AND CUTTER: Council at its meeting of September 22, 1950. having directed the preparation of a Resolution accepting the low bid of A. D. Alford for the construction of new pavement, curb and sidewalk at the northeast corner Of Hershberger Road and Nilliamson Road, N. M., Mr. Young offered the following Resolution: (~13516) A RESOLUTION accepting the proposal Of A. D. Alford for the con- struction of new pavement, curb and sidewalk at the northeast corner Of Hershberger Road and Milliamson Road, N. M. (For full text of Resolution. see Resolution Book No. 23, Page IO9.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Mebber. Young. and the President, Mr. Wheeler NAYS: None ...................O. (Mrs. Pickett absent) MOTIONS AND MISCELLANEOUS BUSINESS: MATER DEPARTMENT: Mayor Mheeler reported that subsequent to the meeting of Council on September 22, 1956, he has appointed a committee composed of Dr. Charles M. Cornell, Chairman. Mr. Roy L. Webber and Mr. Walter L. Youn9 to study the feasibility of providing for recreational use Of the Carvins Core Lake area. and after the said committee has explored the matter, he will appoint additional committee members, if desired. MUNICIPAL COURT: The Mayor stated that the question of appointing a Substitute Municipal ~udge havin9 been lald over from the previous meeting of Council, the matter is again before the body for disposition. Mr. Mebber placed in nomination the name of Mr. Robert ~. Spessard for reelection as a Substitute Municipal Judge for a term of four years beginning October 1. 1959. 289 190 There being no further nominations, the Chair declared the nominations closed~ whereupon, Mr. Robert ~. Spessard Was reelected ns Substitnte Municipal Judge for a term of rout years beginning October 1, 1955. by the following vote:. AYES: Council members Anderson. Cornell, Dillard, [ebber. Young, and the President. Hr. mheeler ................ NAYS: None ...................O. (Mrs. Pickett absent) QUALIFXCATXON OF OFFICERS: The City Clerk reported the qualification of the following officers~ J. Robert Thomas. City Clerk; Randolph G. ~hlttle, City Attorney; Barry R. Yates, City Auditor; Beverly Y. Fitzpatrick, Chief Municipal Judge; and James ~illiam Fllppin, Bunicipal Judge. The report Was ordered filed. MASTER pLAN: Mr. mebber stated that there was considerable discussion in Council and between Council and the City Planning Commission in early 1956 concern- ing the establishment of priorities for capital improvements, but that as of this date no such list has been established, and that ia his opinion such a list is necessary for Council in its consideration of providing funds for the overall development of the city, Mr. ~ebber moving to request the City Planning Commission to furnish Council a list of capital improvements which might be accomplished in the next five years in the order of their relative importance to the general develo meat Of the city, thus indicating the order of their priority, such list to be furnished to Council as quickly as is feasible. The motion was seconded by Dr. Cornell and adopted. There being no further business, Council adjourned. APPROVED President COUNCIL, REGULAR Monday, October The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, October 6. 1950, at 2:00 otclock, p. m., the regular meeting hour. with the President. Mr. Mheeler. presiding. PRESENT: Council members Anderson, Cornell, Dillard, Mebber, Young. and the President. Mr. Nheeler ............... 6. ABSENT: Mrs. Pickett ............1. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Mr. Randolph G. MhLttle, City Attorney, Mr. Harry R. Yates. City Auditor, and Mr, J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend David E. Parrish, Pastor. Edgewood Pentecostal Holiness Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, September 29, IgSD, having been furnished each member of Council, upon motion of Mr. Youn9. seconded by Mr. Nebber and adopted, the reading mas dispensed uith and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council at its meetin9 of September 6. 195~. having set a public hearing for 2:00 o'clock, p. m., Ocotber 6, 1950. in the Council Chamber. on the request of Felix A. and Elizabeth K. Obenchain that their property located at 3634 Shenandoah Avenue, N. M., designated as Lots 3, 5 and 6 of Reserve No. 3, Westwood Addition. be rezoned from General Residence District to Business District, and notice of said hearing having been published in The Roanoke Rorld-News on September 19, 1956. and the City Planning Commission having previously recommended that the request be granted, the hearing was held at which no one appeared in Opposition. Mr. J. T. Engleby, IIX, Attorney for the petitioners, appeared before Council and requestedthat his client's request be granted and that Council concur in the recommendation of the City Plannin9 Commission. Mr. Webber moved that Council concur in the request and that the following Ordinance be placed upon its first reading: · (e13517) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. MDEREAS, application has been made to the Council of the City of Roanoke to have property of Felix A. Obenchain and Elizabeth K. Obenchain, located at 3634 Shenandoah Avenue. N. ~** and being Lotsa, 5 and 6 Of Reserve No. 3, according to the Map of the Mestwood Subdivision, City of Roanoke. rezoned from General Residence District to Business Districtl and ~DEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District,to Dusiness District as requested and ~NEREAS, notice required by Title XV, Chapter 4. Section 43, of The Code of the City of Roanoke. 1956, relating to Zoning. has been published in "lhe Roanoke World-News#. a newspaper published in the City of Roanoke, for the time required by said sectionl and .191 · 192 WHEREAS. the hearing as provided for in said notice published in the said newspaper Was held on the 6th dal of October, 1958. at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building at mbich hearing property owners and other interested parties la the affected area were given an opportunity to be heard both for and against the proposed rezoning; and MIIEREAS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested, TBEREFOEE. BE IT ORDAINED by the Council of the City of Boanoke that Title XV, Chapter 4, Section l, of The Code of the City of Roanoke, 1956. relating to Zoning. be amended and reenacted in the following particular and no other, viz.: Property located at 3634 Shenandoah Avenue. N. ~., described as Lots 3. 5 and 6 of Reserve No. 3, according to the Rap of the Mestwood Subdivision. Cltl of Roanoke, designated on Sheet 263 of the Zoning Rap as Official Tax Nos. 2630104. 2630105 and 2630106. be. and is hereby changed from General Residence District to Business District and the Znnln9 Rap shall be changed in this respect. The notion was seconded by Mr. ¥oun9 and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Rebber, ¥oun9, and the President, Rr. Wheeler ................ 6. NAYS: None ...................O. (Uts. Pickett absent) ZONING: Council at its meeting of September 8, 1958. havin9 set a public hearin9 for 2:00 o'clock, p. m., October 6. 1959, in the Council Chamber, on the request of Mr. J. E. Thornhill that Lots 1, 2 and 3, Block 25. Washington Club Land Company, located on the south side of Melrose Avenue, N. N., be rezoned from Special Residence District to Business District, and notice of said hearing havin9 been published in The Roanoke Norld-News on September 19. 1958, and the City Plan- ning Commission havin9 previously recommended that the request be denied, the hearing was held at which no one appeared in opposition. Mr. A. Linwood Bolton, Jr., Attorney for the petitioner, appeared before Council and presented a petition signed by six residents and property owners supporting the request for the rezoning, Mr. Bolton advising Council that the fact that the recommendation of the City Planning Commission was based on the question of the topography of the land, which land would require considerable excavation in order to make it usable, and the fact that there is available property in the immediate neighborhood now zoned for business, in his opinion, are not valid reasons for denial of the request since the entire area is gradually converting to business property, which factor aloo9 with the heavy traffic on Melrose Avenue makes his client's property undesirable for residential use, and further that the question of excavation is one for his client to decide rather than the City Plan- ning Commission. Wr. Holton stating that his client intends to operate a grocery store on the property with off-street parhing and requesting that Council grant the said request. Mr. Anderson =owed that Council concur In Mr. Tbornhlllms request and that the followin9 Ordinance be placed upon its first reading: i (s13516) AN ORDINANCE to amend and reenact Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke. 195b, in relation to Zoning. MSEREAS. application has been wade to the Council of the City of Roanoke to have property located in the City of Roanoke on the south side of Melrose Avenue N, [.. and known as Lots 1. 2 and 3, Block 25. ~ashington Club Land Company, rezon- ed from Special Residence District to Business District; and ~HEREAS. notice required by Title X¥. Chapter 4. Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in "The Roanoke Morld-Nemsm, a newspaper published in the City of Roanoke, for the time required by said section; and MHEREAS, the hearing aa provided for in said notice published in the said newspaper wan held on the 6th day of October, 1959. at 2;00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezouing; and ~HEREAS. this Council. after considering the evidence presented, is Of the opinion that the above parcel Of land should be rezoned as requested, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956. relating to Zoning. be amended and reenacted in the following particular and no other, viz: Property located on the south side of Relrose Avenue, N. ~** known as Lots 1, 2 and 3, Block 25, ~ashington Club Land Company, designated on Sheet 27b of the Zonin9 Map as Official Tax Nos. 2761~01. 2761H02 and 27~1H03. respectively, be, and is hereby changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. ~ehber, Young, and the President, Mr. ~heeler ................. 6. NAYS: None ....................O. (Mrs. Pickett absent) ZONING: Council at its meeting of September O, 1950, having set a public hearing for 2:00 o'clock, p. m., October 6, lgSa, in the Council Chamber, on the request of Bessrs; W. Price Fields and J. A. Deyerle that Lot 2, Block 10, 5tratfo~ Court, be rezoned from General Residence Distyict to Business District, and on the request of certain residents of the Stratford Court area that Lots 3 and 4, Block 10, Stratford Court, be rezoned from Business District to General Residence District, and notice of said hearing having been published in The Roanoke Morld- News on September 19, lgS9, and the City Planning Commission having previously recommended that both requests be denied, the hearing was held. Mr. M. Coldwell Butler, Attorney for Mr. Deyerle. and Mr. John H. Eennett, Jr., Attorney for Mr. Fields, appeared before Council and advised that their client are willing to donate to adjacent property owners small strips of land as a pro- tective measure to their property against business operations On the property 193 194 concerned, that it Is their Intention to build a filling station on the property, covering the three ,lots involved In the two petitions, that their clients alresdy have the right to construct a filling station on Lots 3 and 4 under existing law and zoning, and that the City Hannger bas already reported to Council that the effect on traffic along Hain Street. upon which the property faces, would be infinitesimal by reason of the construction of a filling station on the property. the Attorneys requesting that Council rezone Lot 2 from General Residence District to Dusiness District as requested by Nessrs. Fields and Deyerle and deny the tuques for fez*ming of Lots 3 and 4 from Business District to General Residence District. Mr. Raymond P. Barnes, Attorney for the residents of the Stratford Court area, appeared before Council and stated that; In the opinion of his clients, con- struction of a filling station on the property concerned would definitely create an additional traffic hazard in the area and would have a detrimental effect on the value of the property of the .residents of the area, Mr. Barnes requesting that Council deny the request for rezoning Lot 2 from General Residence District to Business District and concur in the request of his clients for rezoning Lots 3 and 4 from Business District to General Residence District. AppearJng in support of the request as presented by Mr. Barnes were seventeen citizens, residents of the area, Mr. Dillard moved to deny the request Of Messrs. Fields and Deyerle for fez*ming of Lot 2, Block 10, Stratford Court. from General Residence District to Business District. The notion was seconded by Dr. Corn*il, Mr. ~ebber offered a substitute motion to concur in the recommendation of the City Planning Commission and to deny the requests of both petitioners for rezoning. The motion was seconded by Mr, Young and adopted, Ressrs, Corn*Il and Dillard voting no, Mr, Anderson stated that, in his opinion, the citizens Of the area should be protected from the erection of a filling station on Lots 3 and 4 and moved to reconsider Mr. Nebber*s motion previously adopted, The motion was seconded by Dr, Coruell and defeated by the following vote: AYES: Council members Anderson, Corn,Il and Dillard ..................... NAYS: Council members Mebber, Young, and the President, Mr. lheeler .....3. (Mrs. Pickett absent). PETITIONS AND COMMUNICATIONS: BUDGET-COMPENSATION BOARD: The City Clerk presented a communication from the State Coupensation Board~ giving notice that the Board will meet on the 16th dal of October, 195B, beginning at lO:OD o'clock, a, m,, in the State Capitol, Senate Chamber, Richmond, Virginia, for the purpose of fixing the salaries and expenses of the Attorneys for the Commonwealth. Commisstouers of the Revenue, Sergeants and Treasurers for the calendar year 1959, and th g the meeting will be adjourned from day to day until its purpose shall have been accomplished, the City Clerk advising Council that none of the officers in the city who are concerned hay filed copies of their budget requests to the State Compensation Board as required by law. Mr. Dillard moved to direct the City Attorney to prepare a Resolution, requesting the State Compensation Board to delay consideration of the requests from the Attorney for the Commonmenlth, Commissioner of the Revenue, Sergennt and Treasurer of the City of Roanoke until copies of their budgets hare been submitted to the State Compensation Doard or filed mlth Council and studied. The motion nas seconded by Dr. Cornell and adopted. ZONING: The City Clerk presented a communication from Beatrice Leonard Gusler and Ethel Leonard, requesting that a 9.SG-acre tract of land. situate in the Riverdale Addition of the city, bordering on Bennington Street. Mt. Pleasant Boulevard and Rutrough Road. S. B.. being Official Tax No. 42so2o2. be rezoned from General Residence District to Light Industrial District. Hr. Young moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Rt. Dillard and adopted. ZONING: The City Clerk presented a communication from the Andrews-Pitzer- Butler Fuel Oil Corporation, requestin9 that its property located on the north side of Virginia Avenue, N. H., west of Comer Street, being Official Tax Nos. 2760100 and 2762501, be rezoned from General Residence District to Business District. Ri. Anderson meted to refer the request to the City Planning Commission for study and recommendation. The notion was seconded by Mr. Hebber and adopted. REPORTS OF OFFICERS: BUDGET-LIFE SAVING CR~S: The City Manager reported that due to unusually heavy demands made upon the Life Saving Crews of the City of Roanoke the Supplies account has been exhausted and requested a supplemental appropriation of.$300.00 for the remainder of the year. Hr. Young moved to concur in the request and offered the following emergenc~ Ordinance: (#15519) AN ORDINANCE to amend and reordain Section #69. 'Life Saving Crews', of the lgSOAppropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23, Page Ill.) Mr. Young moved the adoption:of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard, Hebber. Young. and the President, Mr. Rheeler NAYS: None ...................O. (Mrs. Pickett absent) BUDGET-LIBRARIES: The City Bnnager presented a request of the Director of Libraries for the transfer of $1,000.00 from Building Maintenance to Books and Periodicals and $250.00 from Book Repairs to Supplies in the Libraries account of the 1950 budget. Mr. Hebber moved to deny the request. The motion was seconded by Mr. Dillard. Mr. Anderson offered a substitute motion to transfer $500.00 from Building Maintenanceto Books and Periodicals. The substitute motion died for uant of a second; whereupon, the motion of Mr. Hebber mas adopted. Mr. Anderson voting no. 195 196 STREETS AND ALLEYS-CURE AnD GUTTER I The City Manager reported that the Garden City Church of the Nazarene has offered to donate to the City of Roanoke a strip of land 5 feet wide and approximately 114 feet fo length along the south side of its property located on the north side of Ray Road, S. E.o at its intersection mlth Garden City Doulerard, for street wideoing purposes, provided the city mill install curb and gutter along the street uhen widened, the City Manager recommend- ing the acceptance of the offer. Mr. Dillard moved to concur In the recommendation of the City Manager and offered the following emergency Ordinance: (m13520) AN ORDINANCE authorizing and directing the acqoJstion of certain land necessary for the future midenin9 of a portion of Ray Road, S. E.. upon cer- tain terms and conditions; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23, Page 111.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the folloming vote: AYES: Council members Anderson, Cornell. Dillard. Mehber. Young, and the President. Mr. Mheeler ................ 6. NAYS: None ...................O. (Mrs. Pickett absent) DUDGET-FIREARMS-NUISANCES: The City Manager reported that funds hereto- fore appropriated for the elimination of pigeons have been exhausted, that the city has received $202.?5 from the sale Of pigeons heretofore trapped, and recommended that this amount be appropriated to Pigeon Douflt~ for further efforts to eliminate the birds, Mr, Young moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (g13521) AN ORDINANCE to amend and reordain Section #60, 'Police;Depart- ment#, of the 195B Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Pa9e 113.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornel1. Dillard, Mebber, Young, and the President, Mr. Wheeler ................ 6. NAYS: None ...................O. (Mrs. Pickett absent) REPORTS: The City Manager submitted the report of the Department of Public: Melfare for the month of August. IgSO, and reported other.departmental reports on file in his office. The report was ordered filed. REPORTS OF COMMITTEES: NO~E. UNFINISHED BUSINESS: ZONING: Council at its meeting of August II, 195B, having referred to the City Planning Commission for study and recommendation a petition of Mill Yountain Estates Corporation. requesting that Blocks A and B. Section 1, Hill Noontaia Estates, located on the westerly side of Garden City Bm levard, S. E.. be rezoned J from General Residence District to Business District. the City Planning Commission submitted its report, advising that in its opinion in the planning or a new sub- division for residential purposes an area should be set aside for business purposes to serve the neighborhood aeeds,-ond that the area in question ia suitable for the proposed use, the Commission, therefore, recommending that the request of the petitioner be granted. Mr. Mebber moved to set a public hearing in the matter for 2:00 o'clock, p. m,, November 3, 1950, in the Council Chamber. and to direct the Attorney for the petitioner to prepare notice of said hearing, have it approved by the City Attorney and present It to the City Clerk for publication. The motion was seconded by Mr. Dillard and adopted. JOB CLASSIFICATIOM: The report of the City Manager concerning the adequacy and status Of the Salary and Mage Plan, presented to Council at its meeting of September 29, 1950. and tabled until the next regular meeting of the body, was again before Council. Dr. Cornell stated that he cannot agree to acceptance of the statement Of the City Manager in his report that the Salary and Hage Plan has been~accepted by the majority Of the city employees for the reason that he has interviewed 202 of the city's employees and did not find one of them satisfied with the city*s Salary and ~age Plan, Dr. Cornell moving to hold a secret~bullot for municipal employees on October 10~20-21. 1950, ~ith ballot boxes to be placed at convenient points where the employees normally work. the sole question on the ballot to be whether or not the employee is in favor of the city*$,Salary and Nage Plan. The motion was seconded by Mr. Dillard. After considerable discussion. Mr. ~ebber offered a substitute motion to concur lathe report of the City Manager. Zhe motion was seconded by Mr. Young and lost by the following vote: AYES: Council members Webber, Youn9, and the President. Mr. ~heeler .....3. MAYS: Council members Anderson, Cornell and Dillard .....................3. (Mrs. Pickett absent) Mr. Anderson then offered a substitute motion that a committee of three be appointed by the Mayor to prepare a communlcationto be sent to each employee of the city to determine if said employee is satisfied mlth the Salary mod ~age Plan, and if not, why, and to recommend procedures for handling of the communication. The motion was seconded by Dr. Cornell and lost by the followin9 vote; AYES: Council members Anderson, Cornell and Dillard ....... ~ .............. NAYS: Council members Nebber, Young. and the President. Mr. Mheeler ...... 3 (Mrs. Pickett absent) The original motion of Dr. Cornell was then lost by the follomin9 vote: AYES: Council members Cornell and Dillard ..........2. NAYS: Council members Anderson, Mebber. Young, and the President, Mr. Mbeeler ................. 4, (Mrs. Pichett absent) Mr. Mebber then offered the folloming emergency Ordinance: #AN ORDIMANCE to amend and reordain Subsection IO-e (3) of Ordinance No. 13288, adopting a revised salary and Mage plan; and providing for an emergency. MHEREAS, for the usual daily operation of the municipal government, an emergency is set forth and declared to exist. I97 198 THEREFORE, HE IT ORDAIHED by the Council of the City of RosnoRe that Subsection lO-e (3) of Ordinance ~o, 132S0, adoptiug u revised sslury and msge plane enucted on the 20th day of Jnnuury, 1950, be, and said subsection is hereby, smesded smd reordnfned so ua to resd us follows: (3) Increases into and within tbe management con- trol rates may be granted on the basis of long similar Job. Request for such increases shall be made to the city manager slong mith the annual budget request of the department, and those proved by the city manager shall be submitted to the council in his proposed annual budget, pro- vided that increases into the management control rates shall be limited to 25~ of the employees in any one department, office or agency in any one year, and to employees mbo have rendered outstanding service for at least ? years in the same or similar classification. Employees with- in the management control rates shallbe eligible for half steps at 7 and 12 years and for full steps at 10 and 15 years. BE IT FURTRER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect from its Mr. ~ebber moved the adoption of the Ordinance. The motion was seconded by Mr. Young and lost by the following vote: AYES: Council members Anderson, Mebber, Young, and the President, Mr. ~heeler .................................................. 4. NAYS: Council members Cornell and Dillard .......2. (mrs. Pickett absent) CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. laS06, rezoniflg property located on the northwest corner of Jefferson Street and RcClanaban Street. S. ~., being Official Tax 1041003. from General Residence District to Business District, baying previously been before Council for its first reading, read and laid over, was again before the body, ~r. Youn9 offering the following for its second readin9 and final adoption: Im1350D) AN ORDINANCE to amend and reenact Title XV, Chapter:4, Section ! of Thc Code of the City of Roanoke, 1956, in relation to Zonin9. (For full text of Ordinance, see Ordinance Hook NO. 23, Page 108.) Rt. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted bi the follomin9 vote! AYES: Council members Anderson, Cornell, Dillard, Webber, Young, and the President, Rt. ~heeler ................ NAYS: None ...................O. (Mrs. Pickett absent) ZONING: Ordinance No. 1350g, resorting property fronting on the north side of Shenandoah Avenue, N. ~., extending from a point approximately 1,200 feet west of Thirty-sixth Street mestward to the city limits, from General Residence Districl to Business District, having previously been before Council for its first reading, read and laid over, mas again before the body. Mr. Anderson offering the ~ lloming Ordinance for its second reading and final adoptionl (~1350g) AN ORDINANCE to amend and reenact Title. IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, In relation to Zoning. (For full text of Ordinance, see Ordinance Boob No. 23. Page IO9.) Hr. Anderson moved the adoption Of the Ordinance. The motion mas seconded by Hr. Young and adopted by the follouing vote: AYES~ Council members Anderson, Cornell, Dillard, Webber, Young, and the President, Mr. Wheeler ................ NAYS~ None ...................O, (Mrs. Pichett absent) PENSIONS-CITY SERGEANT: Council at its meeting of September 29, 1950, hav- ing directed the preparation of a Resolution providing for coverago of the City Sergeant and employoes in that office only in the Virginia Supplemental Retirement System, Hr. Webber offered the follomin9 Resolution: (a13522) A RESOLUTION electing to have officers and employees of the City Sergeant*s Office to participate in the Virginia Supplemental Rctirement System and authorizing the proper City Officials to take the required action. (For full text of Resolution. see Resolution Dank No. 23, Page 113.) Mr. Nebber moved the adoption of the Resolution. The motion ~as seconded by Nr. Anderson and adopted by the folloming vote: AYES: Council members Anderson. Cornell, Dillard, Mebber. Young. and the President, Mr. Wheeler ................ 6. NAYS: None ...................0. (Mrs. Pickett absent) Mr. Mebber then offered the following emergency Ordinance appropriating funds for the payment of the employer*s contribution for the Sergeant and his employees Jn the Virginia Supplemental Retirement System: (n13523) AN ORDINANCE to amend and reordain Section ala, #Rettre~ents", of the 1950.Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23. Page 114.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the follouing vote: AYES: Council members Anderson, Cornell, Dillard, Webber, Young. and the President, Mr. Mheeler ................ 6. NAVS~ None ...................O. (Rra. pickett absent) SEMAUE DISPOSAL: Council at its meeting of September 2g, 1958. having directed the preparation of a Resolution accepting an allocation of $141,707.00 from the State Mater Control Board for the enlargement of the Sewage Disposal Plant Mr. Young offered the following Resolution: (~13524) A RESOLUTION accepting a construction grant from the State Water Control Board for use in enlarging the City*s Sewage Treatment plant. (For full text of Resolution, see Resolution Book No. 23, Page 114.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Dr..Cornell and adopted by the follo~ing vote: AYES: Council members Anderson, Cornell. Dillard, Webber, Young, and the President. Mr. Wheeler ................ 6. NAYS: None ...................O. (Mrs. Pickett absent) MOTIONS AND MISCELLANEOUS BUSINESS: MUNICIPAL COURT: The City Clerk reported the qualification of Mr. Robert W. Spessard as Substitute Municipal Judge of the Municipal Court of the City of Roanoke for a term of four years beginning October 1. 1950. The report mas ordered filed. ,199 200 AUDITORIUMt Mr, Anderson stated that Council held a public hearing In January. 1955, for the purpose of hearing and taking the sense of citizens and groups lo the city on the question of constructing a municipal nuditorium, at which hearing numeroua citizens and civic organizations indicated their interest and support of such an auditorium, Mr, Anderson pointing out that the Junior Chamber of Commerce has been active In support of the construction of an auditorium and has prepared preliminary plans rot such a structure and that he feels it is time the City Council should Indicate some official Interest In the matter, Mr. Anderson moving that the Mayor appoint a committee to discuss with officials of the govern- ing bodies Of Roanoke County. the Town of Salem and the Town of Vintou the question of the construction of an auditorium to serve the four commonities aa a Joint project and to submit its report thereon to Council. The motion was seconded by Or. Cornell and adopted. The Mayor then appointed the following committee: Messrs. Vincent S. Mheeler, Malter L. Young and Willis M. Anderson, STADIUm: Mr. Young stated that the matter of certain improvements to the ~unicipal Stadium, as requested by Old Dominion Industrial Exposition. Incorporated in connection with its proposed industrial exhibit in lgSg, which was referred to the City Manager for an estimate of the cost in accomplishing such work, and upon which the City Manager reported to Council at its meeting of August 25, 1q58, at ~hfch time the matter was tabled for consideration along with the 1959 budget, should, In his opinion, be further considered in vJem of the contract recently entered into for the construction of a dressing and shower room under the east stand, and moved to refer the matter back to the City Manager for reconsideration of Item I in his report concerning the covering of the area under tho west stand to eliminate mater blowing in from the side and dripping through expansion joints in the Stadium at an estimated cost of $3q.000.00, with a view of substituting a lighter covering at less expense than that contemplated. The motion was seconded by Mr. Mebber and adopted. SIGNS: ~ho City Manager presented a communication .from the United Fund of Roanoke Valley. Incorporated. with the explanation that the communication had just been delivered to him. requesting permission to install three banners over the streets and highways in the city durin9 the month Of October, lg56. in connection with the United Fnnd Campaign. the City Manager advising that he does not recommend granting the request. Mr. Dillard moved to deny the request. The motion was lost for lack of a second. Mr. Webber moved to direct the City Attorney to prepare a Resolution grant- lng the permission requested by the United Fund. The motion was seconded by Mr. Young and adopted, Mr. Dillard voting no. There being no further business, Council adjourned. APPROVED ~resident COUNCIL, REGULAR MEETING, Monday. October 13, 1956. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Uuilding. Monday. October 13, 195§, at 2:00 o°clock, p. the regular meeting hour, mith the President, Mr. Iheeler, presiding. PRESENT: Council members Anderson. Cornell, Pickett. Mebber. Young, and the President, Mr. ~heeler ............... ABSENT: Mr. Dillard .............1. OFFICERS PRESENT~ Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhlttle, City Attorney. Mr. [illiam F. Griggs, Assistant City Auditor. and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend Harry Yo Gamble, Pastor. Calvary Baptist Church. MINUYESr Copy of the minutes of the regular meeting held on Monday. October 6, 1950, having been furnished each member of Council. upon motion of Mr. Young. seconded by Mr. Anderson and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: FILLING STATIONS-SIGNS: The City Clerk presented a communication from Moodrum and Gregory, Attorneys for the Roanoke Valley Retail Gasoline Dealers Association. proposing that Council adopt an Ordinance regulating the advertising of retail sales of petroleum products by providing for the type and size of signs which may be used in connection therewith on the dealers' premises. Messrs. Clifton A. ~oodrum, Jr., and Mossen Gregory appeared before Council and presented a petition signed by eighty-nine independent service station dealers doing business within the corporate limits of the city, supporting the request. Mr. Moodrum advised Council that the pnrpose of the proposed Ordinance is to prohibit the use of falseand misleading advertising of petroleum product prices by filling station operators which has resulted from gas price wars over recent years, and. also. to prohibit the placing of such signs on the. dealers* property so as to create a ~raffic hazard for both vehicular and pedestrian traffic at the entrances to filling stations. Mr. Robert L. Collier and Mr. E. P. Uerndon. both operators of filling stations in the city. appeared before Council in opposition to the proposed Ordinance, stating that in their opinion adoption thereof would be discriminatory against the filling station operators' and would have a tendency to stilly business competition, that if such regulations are passed governing the advertising of sales Of petroleum products they should apply to other products and other types of business as well. that while proponents of the measure are well organized and have taken considerable time in preparing their proposals, the opposition knew nothing about the matter until last we~k. and..consequently, has had no opportunity to organize and present its viems, Ressrs. Collier and Herndon requesting that Council delay action until all can be heard. 201 202 Mr. Mebber moved to refer the matter to the City Manager for investigation of the question of the public traffic safety factor nnd also whether Or not signs ~resently used in this connection comply with the existing Sign Ordinance nnd to submit his report thereon. The motion was seconded by Or. Cornell and adopted, Mr. Mebb~r then moved to request the City Attorney for an opinion as to the legality of such an Ordinance as requested should It be passed. The motion was seconded by Mr. Young and adopted. S~REET LI6RTS: The City Clerk presented a communication from the Appalachian Power Company. reporting the installation of fifteen 6000 lumen and eight 2500 lumen street lights and the removal of five 2500 lumen and one 6000 lumen street lights in the city during the month of September, 1950. The report ~as ordered filed. AIRPORT-STATE HIGI~iAYS: The City Clerk presented a communication from Mr. Murray K. Coulter, objecting, on behalf of his mother. Mrs, E. M. Coulter. to the change in the rerouting of Route IlO where the said highway is being relocated in connection Mltb the extension Of the northeast-southwest runway at the Roanoke Municipal Airport as shown on the revised plans for such relocation, prepared by the City Engineer under date of May 15, lgSO, Mr. Coulter stating that the reloca- tion as shown On the original plan. which was used in condemning the property acquired from Mrs. Cauiter, and in the settlement of the price thereof, showed the that the original plan be reinstituted. Mr. ~ehber moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Br. Anderson and adopted. REPORTS OF OFFICERS: BUDCET-JUYENILE DETENTION HOME: Yhe City Manager reported that the Juvenile Detention Home is in need of painting on the exterior and requested that ~TSO.O0 be appropriated for this purpose. Mrs. Pickett moved to concur in the request and offered the folloming emergency Ordinance: (n13525) AN ORDINANCE to amend and reerdain Section Xal, *Juvenile Detentio~ Home', of the lgSB Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 23. Page 117.) Mrs. Pickett moved the adoption Of the Ordinance. The motion was seconded by Br. Anderson and adopted by the following vote: AYES: Council members Anderson. Cornell. Pickett. Nebber, Young, and the President, Mr. ~heeler ................ NAYS: None ...................O. (Rr. Dillard absent) BUDGET-BRIDGES: The City Manager reported that in canna ~ion with the con- struction of the Liberty Road-Mundy Road Underpass under the Norfolk and ~estern Railway lines in Northeast, the Department of Public ~orks has recommended certain changes in the storm drain and sanitary sewers under the railroad estimated to cost $4,740.00, and requested an appropriation in that amount. Mr. Young mored to table the matter until the next regular meeting or Council and that the Hayor appoint a committee to study the proposed changes and submit Its recommendntloe thereon. · The motion Mas seconded by Dr, CorneJl and adopted, The Rayor, then appointed a committee composed of Messrs. Maitnr L. Young, Chairman. MillJs M. Anderson and Arthur S. Owens. PURCHASE OF PROPERTY-STREETS A~O ALLEYS: The City Manager submitted an offer of Mr. J. R. Huffman to convey to the city n lO-foot wide strip of land along the side of his property on the east side of Fifth Street. S. M.. south of Campbell Avenue. for street Mfdening purposes, at a price of $20.000.00, the City Manager making no recommendation in the premises. After some discussion, in which it appeared the consensus of Council that the price for the land as offered is excessive. Dr. Cornell moved to table the matter. The motion Mas seconded by Mr. Yoong and adopted. STREET LIGHTS: The City Manager submitted a report, recommending the installation of three street lights on Riley Road. N. E., betMeen Hollins Road and Oaleton Boulevard. Mr. Mebber moved to concur in the recommendation of the City Manager and offered the following Resolution: (n13526) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution. see Resolution Rook No. 23, Page 117.) Mr. Mebber moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Pickett. Webber, Young. and the President. Mr. Wheeler ................ NAYS: None ...................O. (Mr. Dillard absent) STREETS AND ALLEyS-CURB AND CUTTER: The City Manager reported that he has caused an appraisal to he made on 15-foot strips off the front of the properties of Bessie ~. and Jessie R. Eggleston located at 3438 Garden City Boulevard, S. E., and of E. ~. Barbour. et ox, located at 3510 Garden City Boulevard, S. E.. in connection with the proposed widening of a portion of Garden City Boulevard, and that possibly it might be well to negotiate further with the owners of the property for the land required. Mr. Youn9 moved to table the matter until further negotiations have been attempted by the City Manager. The motion was seconded by Dr. Cornell and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: MATER DEPARTMENT: Council at its meetin9 of September 22, 1958. having referred to the City Attorney for study and recommendation the request of Maddy C. and Evelyn F. Atkins that certain ~ater rights presently owned by the City Of Roanoke on their property on Bennington Street, S. i., be released, in order to clear the cloud on the title of the said property, the City Attorney reported that 203 204 at the time the rights mere acquired, they mere evidently regarded as being of considerable value and, conceivably, they could be of present or future value to the city's Mater Department, homever, he has been advised by Mr. Raymond E. Pillow, Manager of the Mater Department, that he bas investigated the matter and is con- vinced that the rights are of no value to the Mater Department and could therefore be released, #r. Young inquired mhether or not the question of a mater line from Muse Spring to the American Viscose Corporation plant has been investigated to determine if it crosses the land of Mr. and Mrs. AthJns and was advised that this question has not been Investigated, Mr. Anderson then moved to refer the matter back to the City Attorney for further study and report. The motion mas seconded by Mr, Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODBCYION AND CONSIDERATION OF ORDINANCES AND EESOLOTIONS: ZONING: Ordinance No. 13517, rezoning property located at 3634 Shenandoah Avenue, N. W., from General Residence District to Business District, havin9 pre- viously been before Council for its first reading, read and laid over, was again before the body, Mr. Young offering the following for its second reading and final adoption: (s13517) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1. of The Code of the City of Roanoke, lgSG, in relation to Zoning. (For full text of Ordinance, see Ordinance Dooh No. 23, Page 115.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by ~rs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Pickett, Webber, Young, and the President, Mr. Rheeler ................ 6. NAYS: None ...................O. (Mr. Dillard absent) ZONING: Ordinance No. 13510, rezoning property.located on the south side Of Melrose Avenue, N. W., near the west corporate limits, described as Lots 1, 2 and 3, Block 25, Washington Club Land Company, from Special Residence District to Business District, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Anderson offering the folio#lng for its second reading and final adoption: (~13510) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section !, Of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text Of Ordinance, see Ordinance Book No. 23, Page 116.) Mr. Anderson moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Rabbet, Young. and the President Mr. Mheeler ........................... 5. NAYS: Mrs. Pichett ...........1. (Mr. Dillard absent) COMPENSATION BOARD: Council at its meeting of October 6, 1958, having directed the preparation of a Resolution requesting the State Compensation Board 205 to dolly Consideration of fixing the salaries and expenses of the Sergeant, Treasurer,.~Attorney for the Commonwealth nod Commissioner of the Revenue of the City of Roanoke tot the calendar year 1959 until the b~dget reqoeats of said officers have been submitted to and studied by Council, Mr. Young offered the folloming Resolution: : (a13527) A RESOLUTION requesting the State Compensation Board to delay consideration of fixing the salaries and expenses of certain Constitutional until the budget requests of such officers may be studied by Council. (For full text of Resolution, see Resolution Book Wo. 23, Page 118.) Rr. Young moved the adoption of the Resolution. The motion mas seconded by Hr. Anderson and ndop~ed by the following vote: AYES: Council members Anderson, Cornell, Pickett, Hebber. Young, nad the President. Mr. Mheeler ................ 6. NAYS: None ...................O. (Mr. Dillard absent) SIGNS: Council at its meeting of October 6, 1950. having directed the pre- paration of a Resolution 9ranting permission to United Fund of Roanoke Valley, Incorporated. to erect three banners across certain streets and highways in the city during the Month of October iA connection with.the United Fund Campaign, Mr. Young offered the foll~wing Resolution: (a13528) A RESOLUTION authorizing the City Manager to permit United Fund of Roanoke Valley, Inc., to install banners and streamers over certain streets and ways and indicating that it shall be the policy of Council to grant no further similar requests except for the usual Christmas decorations. IFor full text Of Resolution, see Resolution Book No. 23. Page 119.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote= AYES: Council members Anderson. Cornell. Pickett, ~ebber, Young, and the President, Mr. Mheeler ................ 6. ~AYS: None ...................O. (Mr. Dillard absent) JOB CLASSIFICATION: Mr. Mebber moved that the folloming Ordinance. amend- ing and reordaining Subsection lO-e (3) of the Salary and Rage Plan, be placed upon its first reading: "AN ORDINANCE to amend and reordain Subsection lO-e (3) of Ordinance No. 132~§. adopting a revised salary and wage plan. BE IT ORDAIHED by the Council of the City of Roauoke that Subsection lO-e (3) of Ordinance No. 13200. adopting a revised salary and wage plan, enacted on the 20th day of January, Igso, be, and said subsection is hereby, amended and reordained so as to read as follows: (3) Xncreases into and within the management control rates may be granted on the basis of long service of a meritorious nature on the same or similar job. Request for such increases shall be made to the city manager along with the annual budget re- quest of the department, and those approved by the city manager shall be submitted to the council in his proposed annual budget, provided that increases into the management control rates shall be limited to 25~ of the employeea in any one department. office, or agency in any one year, and to employees who have rendered outstanding service for at least 7 years in the same or similar classification. Employees within the management control rates shall be eligible for half steps at ? and 12 years and for full steps at 10 and 15 years." 206 Dr, Cornell requested that the Ordinance be delayed for consideration of its adoption on its first reading until the next regular meeting or Council. Mr. Mebber then moved to table the OrdinanceuntJl the next regular neetin of Council. The motion mas seconded by Dr. Cornell and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC~ Mr. James M, Elliotto owner of the Midtown Parking Lot, located gu the southeast corner of Luck Avenue and First Street. S. #.. appeared before Council and advised that six parking meters located on the south side of Luck Avenue along the side of his parking lot are. in his opinion, a traffic hazard and are creating a bottleneck at that end of Luck Avenue. Mr. Elliott advising that his request to the City Manager for the removal of said parking meters has been denied and asking that Council order removal of the said parking meters after an investigation of his request. The City Manager advised Council that he has given consideration to the request of Mr. Blliott, but cannot Justify the removal of the parking meters. Or. Cornell moved to table the matter for consideration. The motion nas seconded by Mrs. Pickett and adopted. BUILDING CODE: The City Clerk reported the qualification of Mr. Frank Burner as a member of the Board of Appeal. Building Code. for a term of five years beginning October 1, 1950. The report was ordered filed. There being no further business. Council adjourned. APPROVED President COUNCIL. REGULAR MEETING. Monday. October 20. 1950. The Council of the City of R,an,he met in regular meeting in the Council Chamber In the Municipal Building. Monday. October 20. 19500 at 2:00 ,*clock. p. m., the regular meeting hour. with the President. Mr. Mheeler0 presiding. PRESENT: Council members Anderson. C,mall. Dillard. Pickett. Rabbet. Young. and the President. Mr. Mheeler ................ ADSENT: None .................................0.. OFFICERS PRESENT: Mr. Randolph G. Mhittle. City Attorney. Mr. flurry R. Yates. City Auditor and Acting City Manager. and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting wa? opened with a prayer by the Reverend Van Francis Garrett. Rector. Christ Episcopal Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. October 13. 1959. having been furnished each member of Council. upon motion of Mrs. Pickett, seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council at its meeting of September 22. 1950. having set a public hearing for 2:00 ,*clock. p. m., October 20° 1950. in the Council Chamber. on the request of Mr. Edwin M. Young. et al.. that their property located on the east side of Grandin Road, S. M.. between Bluemont Avenue and Mindsor Avenue, designated as Lots 19-23. inclusive. Block 16, Raleigh Court. be fez,ned from Special Residence District to Business District. and notice of said hearing having been published in The Roanoke M,rid-News on October 3. 1950. and the City Planning Commission having previously recommended that the request be denied, the hearing was held. Mr. Edwin M. ~oung appeared for the petitioners and presented petitions from certain residents of the area supportin9 ~he requested fez,ming. Mr. Y, un9 advisin9 Council that. in his opinion, the City Planning Commission was in error in statin9 that there now exist properties within the business district on Grandin Road which have not been developed and that, while there are four or five properties in the area zoned for business which are not being used for that. purpose at the present time, the prices for which the owners are holding the said properties are excessively high. Mr. Edwin Young introducing Mr. Frank Crim. a real estate agent in the city. who advised Council that in his opinion the statement made by the attorney is correct and that there is need for the expansion of the business area on Grandin Road, Mr. Edwin Young further stating that the properties of the petitioners are no longer suitable for residential purposes since they are adjacent to the business area already established on Urandin Road and, tn the opinion of the petitioners, should be rezoned. Mr. Tom Stockton Fox appeared as Attorney for the objectors and presented petitions signed by resident of the 1900 blocks of Mindsor Avenue and Bluemont Avenue, lying to the rear of the property requested to be fez,ned, said petitions 207 2O8 stating that the requested rezooieg would result in enhnnclng the value of the properties fronting on Grsodin Ruud, depreciating the raima of their properties, end increasing traffic congention, purking probleBs and oddJlJonni uuJnuacen; ood that there is already a sufficient business ores to adequately serve the neighbor- hood, Mr. Fox pointing out that in November, 1957, the property of the petitioners, along mith other property on Graodin Road. had been before Council on a rezooing request ood opposed on the-same grounds, that the City Planning Commission st' that time had recommended denial on the same basis as in the present, and that after a public hearing on the matter the petitioners had been permitted to with- draw without prejudice. Mr. Fox asking that Council deny the request of the petitioners for rezoning. Hr. Dillard moved that. Council COncur in the recommendation of the City Planning Commission and deny the request of Mr. Young. et al., for rezonJng of the property in question. The motion was seconded by Mrs. Pickett and adopted. PETITIONS AND COMMUNICATIONS: PARKS AND PLAYGROUNDS-TRAFFIC: The City Clerk presented a communication from the Wildwood Civic League. stating that they have been advised by the Cit~ Manager that, mhile funds have been included in the 1950 budget for toilet facilities at Thrasher Park, the cost of installing a sewer line was probibitJveo therefore the project must be delayed, the Wildwood Civic League requesting that Council consider including in its 1959 budget funds'for the erection of toilet CIYY JAIL-POLICE O£PARTM£NT: The City Clerk presented a communication from the Department of Melfare and Institutions of the Commonmealth of ¥irginln, transmitting n report of inspection of the Police Lockup and the City Jail ns performed by that Division on October 1, 195§. Mr. Anderson moved to file the report. The motion was seconded by Young and adopted. CITY HORE: The City Clerk presented n communication from the Roanoke Council fQr Retarded Children. requesting.that it be pernitted use of the old City Home as a day care center for retarded children. Dr. Cornell moved to refer the request to a committee composed of Mayor ¥1ncent S. Mheeler. Chairman. Mrs. Rary C. Pickett. Ressrs. Arthur S. Owens, Randolph G. Whittle and Miss Bernice F. Jones for study and recommendation. The motion was seconded by Mrs. Pickett and .adopted. JUVENILE DETENTION IIOME: The City Clerk presented acommunication from th( Roanoke City Youth Commission, requesting that the Commission meet with Council at such time as all members can be present, for the purpose of discussing the provision of a new city or regional Juvenile Detention llome. Mr. Webber moved to table the matter until Council receives a report from the committee studying this matter. The motion was seconded by Mr. Young and adopted. WAT£R DEPARTRENT: The City Clerk presented a communication from Thomas C. Fisher, Jr.. qO0 South Jefferson Street. who advised that for the past four years he has been Scoutmaster of Hny Scout Troop l? at St. Johns Episcopal Chnrch, that his troop has made considerable use of the Car¥ins Cove Lake area for camping and hiking in their outdoor program as have other scout troops in the community, and that in his opinion the area around Carvins Cove Lake should be permitted to remain in a natural state, both from the standpoint of its use as a watershed and as an area of natural beauty available to campers and hikers like the Hoy Scouts~ Rt. Fisher pointing out that the Water Department has planted five thousand pine seedlings there in recent years, and that the road entering the property from the Bennet Springs area On the north has been closed. all of w~ich contributes to the wild state and forestation of the area. he therefor objecting ~o the enlargement of recreational facilities on the Carvins Core Lake area. Rt. Young moved to refer the communication to a committee composed of. Dr. C. M. Cornell, Chairman, Messrs. Roy L. Webber and W~lter L. Youn9 for study and recommendation along with their prior assignment in this matter. The motion was seconded by Mr. Dillard and ~dopted. ZONING. The City Clerk presented a communication from Mr. Tom Stockton Fox, Attorney for Mr. Sam T. Bowman, et al., requesting that their property located on.the north side of Averett Street, N. W., extending from a point 148.34 feet went of Williamson Road to Round Ilill Avenue, be rezoned from General Residenc~ District to Business District. 209 210 Mr, Dillard moved to refer the reqsest to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Anderson and odopted. COMPENSATION flOARO: The City Clerk presented copies of the budget requests filed by the Connissioner of the Revenue, City Treasurer. City Sergeant and Commonwealthts Attorney with theState Compensation Board, the said .requests having been filed with Council pursuant to State law. Mr. Nebber moved that Council receive the budgets and table them for consideration along with the 1959 budget. The motion Was seconded by Mr, Dillard and adopted. REPORTS OF OFFICERS: NONE. REPORTS OF COMMITTEES: BUDGET-BRIDGES: Council at its meeting of October 13. 1950. having referred to a committee composed of Messrs. Molter L. Young, Chairman, ¥111is M. Anderson and Arthur S. Omens for study and recommendation the question of proposed extension of certain sewer and storn drain lines in connection with the Liberty Road-Mandy Road Underpass as prepared by the City Engineer, the committee submitted its report, advising that after studying the matter it recommends that storm drain and sanitary seuer included Jn the Liberty Road -Mundy Road Underpass be relocated to get around the northwest wing wall of the Underpass. but that the extension of the storm drain and sewer line under the Norfolk and Western Railway Company siding, serving the Rainbom Bread Company, be eliminated at this time since the committee has been assured by the NorfolLand Western Railway Company that the said lines .eon be extended under the siding at any time in the future rerised estimate for the work as recommended is $2.300.00, the committee therefore recommending that this amount be appropriated for the work and that the contract between the City of Roanoke and Ralph E. Mills Company, Incorporated, for the construction of the Underpass be amended to that extent. Mr. Dillard moved to concur in the recommendation of the committee and offered the following emergency Ordinance: (z13529) AN ORDINANCE to amend and reordain Section ~140. "Street Construc- tion", of the 1958 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page !19.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by. Or. Cornell and adopted by the followin9 vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, NAYS: None ..................................O. Mr. Young.moved to direct the City Attorney to prepare a Resolution providing for the necessary changes to the contract between the City of Roanoke and Ralph E. Mills Company, Incorporated. The motion was seconded by Mr. Anderson and adopted. UNFINISHED BUSINESS: ZONING: Council at its meeting of September 15, 1958, having referred to the City Planning Commission for study and recommendation a request of Mr. Lewis M. Mills that his property located on the south side of Melrose Avenue, S. east of Ynn Suren Street, designated us Lots 1-4, inclusive, Section 26, Mashingtou Club Land Company, be rezoned from Special Residence District to Easiness District the City Planning Commission submitted its report, advising that, after studying the location of the property Jo question in relation to other property in the neighborhood which is available for business purposes, it is of the opinion that there is no need for additional business property in the area at this time and recommending that Council deny the request. The Attorney for the petitioner having requested a public hearing, Mr. Young moved to.hold a public hearing in the matter for 2:00 o*clock~ p. November 17, 19S0, in the Council Chamber in the Municipal Uuiiding. and to direct the Attorney for the petitioner to prepare notice Of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Or. Cornell and adopted. CONS1OERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIOERATION nE ORDINANCES AND RESOLUTIONS: JOB CLASSIFICATION: Council at its meeting of October 13. 19~D, having tabled for one week the proposed Ordinance to amend and reordain Subsection IO-e (3) of Ordinance No. 13288. udoptin9 a revised salary and wage plan, Mr. Webber moved that the following Ordinance be placed upon its first reading: (a13530) AN ORDINANCE to amend and reordain Subsection lO-e (3) of Ordinance No. 13288. adopting a revised salary and wage plan. DE IT OROAINED by the Council of the City of Roanote that Subsection lO-e (3) of Ordinance No. 13288, adoptin9 a revised salary and wage plan, enacted on the 20th day of January, 1958, be, and said subsection is hereby, amended and reordained so as to read as follows: (3) Increases into and within the management control rates may be granted on the basis of long service of a meri- torious nature'on'the same or similar job. Request for such increases shall be made to the city manager along with the annual budget request of the department, and those approved by the city manager shall be submitted to the council in his proposed annual budget, provided that increases into the management control rates shall be limited to 25~ of the employees in any one department, office, or agency in any one year, and to employees who have rendered outstanding service for at least 7 years in the same or similar classification. Employees with- in the management control rates shall be eligible for half steps at 7 and 12 years and for full steps at i0 and 15 years. The motion was seconded by Mr, Young and adopted by the following vote: AYES: Council members Anderson, Pickett, Webber, Young, and the President Mr. Mheei~r ............................... NAYS: Council members Cornell ~nd Olllard ..............2. 211 UOTIONS A~U U]$CELLANEOU$ TUAFFIC~ Uts. Uobert J. Stale?° 430B ~ennessee Avenue, ~. N.o repreaenling the Washington Heights Parent-Teacher Association. appeared before Council and requested that consideration be given to the installation of a traffic light at the intersection of Melrose Avenue and Nest Side Boulevard, ~. M., to slow down the movement of traffic and provide more safety for the school children using the intersection. Mr. Dillard moved to refer the request to the City ManaGer for study and recommendation. The motion was seconded by Ur. Cornell and adopted. TRAFFIC: Mr. James N. Elliott again appeared before Council and requested that action be tahcn to remove six parking meters from the south side of Luck Aveque, S. N.. east of First Street, Hr. £11iott advising that. if the city is not agreeable to removing the six parking meters in question, as a traffic safety measure he would like to have at least three of the parking meters near the exit of his parking lot on Luck Avenue removed. Mr. Elliott was informed by the Mayor that the matter was not on Council's agenda but would be taken under consideration. The Mayor then announced that the meeting would recess until 7:~0 o'clock. p. m.. at which time the public hearin9 on the request of Ur. Leo F. Ilenebry that a 10.5 acre tract of land. located on the east side of Ilollins Road, be rezoned J uhen his client sold 80 acres to the Brentwood Oevelcpment Corporation, who in turn sold approximately I0 acres thereof and developed the remainder of the propert: for residential subdivisions, the Corporation mas advised that the 10.5 acre. tract of land mas being held for possible industrial development and that the buffer strip along the west side of tloilJns Road was also being held for the possible development of a light business district, Hr. IIopkins therefore asking that Council comply uith the reconnendation of the City Plannin9 Commission and grant the requested resorting. #e. Richard T. Edwards, Attorney for the residents of the flrentwood area, again appeared before Council. reiterating the objections previously made at the public hearing held on September 29, 1956, and advisia9 that there are other plant sites available, and introduced Ar. M. Co Atkins who stated that he has a ten acre tract of land on Bennington Road. S. E.. which mould meet the needs of the Hake Manufacturing Company and which he is willing to sell to the Company at - a reasonable price; Mr. Eduards also introduced Mr. L. E. Rard, Jr., who advised that he is the Hurter of a tract of 22 acres lying on the east side of Tinker Creekio Roanoke County. north of Palmer Park. mhich in his opinion is an ideal location for a plant of the type the ilake Manufacturln9 Company wishes to construct and that he will sell !0 acres of the said property to theCompany at a reasonable price. In response to a question by Mr~o Pickett, Ar. llopkins advised that the Hake Manufacturing Company had no previous knowledge of the two pieces of land be- ing available and had it been aware that the said land was available, it would have investigated the properties prior to enterifl~ into a contract with Mr. Henebry for the purchase of his land. Council at its meetin9 of September 29, l~SO. having requested the City Attorney to advise the body of the number of votes required to pass an Ordinance fez*nih9 the property as requested in light of the objections raised, the City Attorney presented an opinion, which he filed with the City Clerk, advising that the affirmative vote of a simple majority of Council is all that would be required to effect the requested reznnlng. Dr. Cornell Stated that, while he believes the City Attorney has been honest, in his opinion, he does not agree therewith and moved not to accept the opinion of the City Attorney. The motion was seconded by Hr. Dillard and lost by the following vote: AYES: Council members Cornell and Dillard ........ NAYS: Council n~mbers Pickett, Webber, Young. and the President, Mr. Rheeler ......................... Mr. Mebber then moved that the following Ordinance be placed upon its first reading: (z13531) AN ORDINANCE to amend and reenact Title X¥, Chapter 4, Section i, of The Code of the City of Roanoke, 1956, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property consisting of I0.5 acres located on the east side of Hollins Road (being a portion of Official No. 3300104 assessed in the name of 213 214 Leo F. tfenebry} rezoned from General Residence Ofstrfct to Light Industrial District; and . ~HEREAS, the City Planning Commission has recoumended that the above parcel of land be rezoned from General Residence District to Light Industrial District as requested; and ~HEREAS, notice required by Title X¥, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, 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 ~BRRRAS, the hearing as provided for in said notice published in the said newspaper was held on the 2qth day of September, 1958, at 2:00 o'clock. p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affected area uere given an opportunity to be heard both for and against the proposed rezoning; and WHEREAS. this Council, after considering the eridence presented, is of the opinion that the above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that · Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke, lqSb, relating to Zoning, be amended and reenacted in the following particular and no other, viz: ~roperty located on the east side of Hollins Road IVirginia State llighway Route No. 115) containing 10.5 acres exclusive, of the highway, fronting approximately 1227.3 feet on the east side of Ilollins Road and extending in an easterly direction 797.5 feet to the center Of Tinker Creek on the northern boundary and lis feet to the center of Tinker Creek On the southern boundary, and being a part of the same property designated an Sheet 330 of the Zoning Map as Official Tax No. 3300104. be and in hereby changed from Oeneral Residence district to Light Industrial District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Pickett, Webber, Young, and the President, Mr. Mheeler ............................... 4. NAYS: Council members Cornell and Dillard ........... 2. APPROVED COUNCIL. REOULAR #EETING. Wonday. October 27. 1950. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Wunicipal Oullding. Monday. October 27, 1958, at 2:00 o*clocko p, m. the regular neetln9 hour, with the President. Mr. Mheeler, presidin9. PRESENT: Council members Anderson, Cornell. Billard. Pickett. Webber. Young. and the President. Mr. Mheeler .................. ?. ABSENT: None ..................................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. Randolph G. ~hJttle, City Attorney. Mr, Barry R. Yates, City Auditor. ,nd Mr. J. Robert Thomas. City Clerk. IN%'OCATION: The meeting was opened with a prayer by the Reverend W. King. Associate Pastor, South Roanoke Methodist Church. RINUTES: Copy of the minutes of the regular meeting held on Monday, October 20, 1950. having been furnished each member of Council. upon motion of Mrs. Pickett. seconded by Br. Young and adopted, the readin9 was dispensed with and the minutes approved aa recorded, ilEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND CORMUNICATIONS: SEWAGE DISPOSAL: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, requestin9 that the contract of September 20. 1954. between the City of Roanoke and the County of Roanoke. dealin9 with the treatment of domestic and commercial wastes, be amended by adding thereto a 76.52 acre tract of lnnd lying south of State Route 742 between the corporate limits of the City of Roanoke and t~property of the Yeterans Administration Il,spiral and extending southward to the Norfolk and Mestern Railway Company right of way. Mr. Young moved that the request be referred to a committee composed of MessrS. Roy L. Webber, Chairman, Walter L. Young, Arthur S. Owens and Randolph G. ~hittle for study and recommendation. The motion was seconded by Mr. Anderson and adopted. STREETS AND ALLEYS: The City Clerk presented a communication from Mr. Walter R. Campbell. 2336 Belle Avenue. N. E.. adrising that the street in front of his home and the intersection of Normandy Street and Belle Avenue, N. E.. is in bad condition, causing his automobile to become stuck in ruts even when the street is completely dry. and that in addition the trees and bushes along the sides of the street cause damage to automobiles passing along it. The City Manager reported that the necessary action has been taken to remedy the situation. The communication was ordered filed, REPORTS OF OFFICERS: STADIUM: Council at its meeting of October 6, 1950. bating referred back to the City Manager for reconsideration a report of August 25, 1950. con- cerning the request of Old Oominion Industrial Exposition. Incorporated. for - 215 216 certain improvements at ¥ictory Stadium mlth particular reference to the cost estimate for covering the area under the mesa stand of the Stadium to eliminate ~ater blowing In from the aide and dripping through expansion Joists, previously estimated to cost $39,000.00, with a vlem Of reducing the cost thereof by sub- stitutlng m covering of a lighter type or altering the specifications, the City M~nager submitted a report mith n revised estimate of $22.911.20, which he reported effected o savings of $1~,000.00 by reason of changing the specifications to a lighter type construction. Mr. Mehber moved'that the report be filed fo~ consideration along with the 1959 budget. The motion was seconded by Mr. Young and adopted. REPORTS OF COMMITTEES: NONE. UNFINIStIED BUSINESS: TRAFFIC: Mr. James M. Elllott, owner of the Midtomn P~rking Lot, Io~at~d on the southeast corner of Luck Avenue and First Street. S. R** having previously appeared before Council at its meetings of October 13 and October 20, 19~9, requesting the removal of six parking meters located on the south side Of Luck Avenue along the side Of his parking lot, the matter was again before the body. The City ManaGer reported that he could not justify the removal of the parking meters as requested but stated that a survey of the traffic conditions on Luck Avenue might Justify the removal of one parking meter adjacent to the crossover into Mr. Elliott*s property from Luck Avenue. the City Manager advising Council that he ~ill again survey the situation. Mr. Webber moved to refer the matter to the City Manager to' be handled administratively in his discretion. The motion was seconded by Mrs. Pickett and adopted. WATER DEPARTMENT: Council at its meeting of October 13, Iq$O, having referred back totbe City Attorney for further study the request of Waddy C. and Evelyn F. Atkins that certain mater rights across their property be* released, with particular reference to the possibility of the pipe line from Ruse Springs into the property of the American ~iscose Corporation plant and its proximity to the property of the petitioners, the City Attorney reported that he has been assured by the Manager of the Rater Department that the pipe line in question is located ~holly on city~own~d ~roperty except mhere it traverses Roanoke RiVerand approximately 000 feet west of the westernmost property line of the Atkins property. Mr. dillard then offered the follomJng Resolution: (s13§32) A RESOLUTION granting authority to the Wayor and City Clerk in. behalf of the City of Roanoke to release by deed certain mater rights now held by the City of Roanoke on a q.2 acre tract of land owned by W~ddy C. Atkins and Evelyn F. Atkins, designated as Official T~x No. 4350605, in the City of Roanoke. (For full text of Resolution. see Resolution Rook No. 23, Page 121.) Mr. dillard moved the adoption of the Resolution. The motion mas seconded by Mr. Anderson and adopted by the follomlng vote: AYES: Council members Anderson. Cornell, Dillard, Pickett. Webber, Young, and the President, Mr. ~beeler .................. 7. NAYS: Sone ......... O. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: JOD CLASSIFXCATION: Ordinance No. 13530, to amend and reordain Subsection lO-e (3) of Ordinance No. 13280, adopting a revised salary and wage plan, having ~reviously been before Council for its first reading, read and laid over. was again before the body, Mr. Webber offering the following for its second reading and final adoption: (s13530) AN ORDINANCE to amend and reordain Subsection lO-e (3) of Ordinance No. 13295, adopting a revised salary and wage plan. (For full text of Ordinance, see Ordinance Dooh NO. 23, page 120.) Mr. Webber moved the adoption of the Ordinance. Zhe motion was seconded by Mr. Young and adopted by the followin9 vote: AYES: Council members Anderson, Pickett. Robber, Young. and the President, Mr. Wheeler ............................................ WAYS: Council members Cornell and Dillard .....2. ZONING: Ordinance No. 13531, rezoning property located on the east side of Bollins Road and consisting of 10.5 acres from General Residence District to Llgbt Industrial District, having previously been before Council for its first reading, read and laid over. was again before the body, Mr. Young offering the following for its second reading and final adoption: (~135~1) AN ORDXNANCE to amend and reenact Title XV. Chapter 4. Section 1, of The Code Of the City of Roanoke, 1955, in relation to Zoning. IFor full text of Ordinance, see Ordinance Book No. 23, Page 120.) Mr. Young moved the adoption of the Ordinance. Ybe motion was seconded by Mr. ~ebber and adopted by the following vote: AYES: Council members Pickett, Webber, Young, and the President. Mr. Nheeler .............. 4. NAYS: Council members Cornell and Dillard ......2. (Mr. Anderson not votin* BUDGET-BRIDGES: Council at its meetin9 of October 20. 1959. having directed the preparation Of a Resolution providing for an amendment to the contract between the City of Roanokeand Ralph E. Mills Company, Incorporated. for the con- struction of the Liberty Road - Mundy Road Underpass and related work. by adding thereto certain sewer and drain construction aggregating $2.300.00, Mr. Dillard offer the following Resolution: (s13533) A RESOLUTION extending the contract of August 13. 1958. between Ralph E. Mills Company, Incorporated. and the City of Roanoke,for construction of a concrete underpass and related work thereto under the Norfolk and Western Railway tracks at Mundy Road - Liberty Rood. N. E~ (For full text of Resolution, see Resolution Book No. 23, page Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Young and adoptedby tho followin9 vote: AYES:, Council members Anderson, Cornell, Dillard, Pichatt. Webber. Young. and the President. Mr. ~heeler ........ ?. NAYS: None ................... O. 217/ 218. HOTIONS AND HISCELLAflEOUS BUSINESS: The Helot then uuaounced tkut the meeting would recess until ?:30 o'clock p. m.. ut which time the public hasting set by Council at Its meeting nt September 29. 195B. on the limited access highway through the central business district of the city in connection with the spur line from the Interstate Highway ns recommend- ed by the City Planning Commission would be held. Upon rccouveaing at 7:30 o'clock, p. w.. in the Council Chamber. the following members of Council were present: PRESENT: Council members Anderson. Cornell. Dillard. Pickett, Yebber. Young. and the President. Mr. Iheeler .... 7. ABSENT: ~one ....................O. STATE ~ICI~iAYS: The City Engineer presented a revised preliminar! plan of the interchange between the proposed spur highway and Orange Avenue. N. which he stated is necessary in order to leave intact the cemetary lying to the northeast of the intersection of Orange Avenue and Second Street. N. E.. and explained the preliminary plan for the extension of the Interstate Highway spur from Orange Avenue southward to Elm Avenue. S. E.. which has previously been generally approved by the City Planning Commission. Mr. Robert I. Noody appeared before Council. asking how long it would be before the interstate route and the spur into Roanoke would be constructed and whether or not it had any Civil Defense significance, and was advised that the construction is scheduled to be started within two to tf~e years and that Civil system, Hr. ~oody stuting that he believes a spur into the business district of the city from the Interstate flighway Is a necessitT. Hr. A. F. Wagner appeared before Council in opposition to the proposed spur route and stated that. in his opinion, the expenditure of $13,000.000.00 for four blocks of highway spur in the city is an excessive cost. that the funds could be used to a better advantage and that the highway spur into the city should be located either to the east or to the west of the route selected by the CltT Engineer in order to I~pass the congested area of the citT. Hr. Frank W. Rogers. Attorney for the Clover Creamery Company. Incorporated appeared before Council in opposition to the plan as presented and stated that the construction of the highway as planned by the Engineering Department would make present site for the reasons that it would completely eliminate a large parking' lot. machine shop, garage and truck-refrigeration station located on the north side of Taxewell Avenue directly across the street from its main plant and deprive the plant of its railroad siding used for furnishing coal to its steam plant; that, in addition, the ramp along Tazewell Avenue in front of its property would close the main entrance into its plant through which approximately 200 trucks per day enter the plant in connection with its operations; and that, in the opinion of his client, the entire plant would be forced to relocate at some other site at a definite financial loss to the company. Hr. Rogers stated that the present plaht of the Clover Creamery Company is ruined st approxlmstely one million dollars butthat, due to inflation end present prices, it mould cost considersbly more than that to relocate t~e plant and pointed out that,'since a large portion of th~ plant area would not actually be taken for the highway right of may, his client is apprehensive of receiving full value therefor'and, in consequence, might suffer treeendous financial loss by forced relocation under'condemnation proceedings. Hr. Rogers further pointing out that. In his opinion, the construction cf such n highway through the centrsl part of the city is contrary to proper highway engineering in that. rather than taking traffic away from congested districts, it would bring increased traffic loads into an already excessively congested area, Hr. Rogers stating that his ' client is convinced that an alternate route could be selected either to the east or to the went'at a much lesser cost and requests that Council will consider alternate routes for the proposed highway. Mr. C. £. Rnnter.'Attorney representing Peoples Ice and Cold Storage Company, Incorporated. and Mrs. AlmaE. Meade. owner of the Moods Brothers Coffee Company building, appeared before Council and stated that both businesses would be displaced by the highway; that, in his opinion and that of his clients, the proposed location of the highway is wrong and that plans for alternate locations should be studied; and'that some city plunnln9 expert should he brought in to consult with the city in this matter; Mr. Hunter pointing out that if the husinesse! which would be disrupted by the construction of the proposed hi§hway, Mere forced to mov~ inevitabl~ many of them would hare to leave the city witha consequent result Of diminishing the.city*s revenue and the city itself would be the loser. Mr, John E, Nillett appeared before Council and stated that he owns pro- perty on Orange Avenue, east.of~Second Street, at the site of the proposed highway interchange on'which ace located'four businesses that would be forced to move if the highway is constructed as planned, and that the four businesses pay a consider- able amount of tax to the city for its operations; Mr. Millett pointing out that ia his own business he employs eighty person~ and that if he is forced to move it will be necessary to move out of the city since sites for relocation mith the city are not avallable, and*stating that he is~opposed to the proposed location of the highway and hopes that Council willconsider alternate locations which would not disrupt so many businesses and mhich could be utilized for less cost. Mr. L~ El Ward. Jr** stated thatheis appearing as a citizen and taxpayer only and offered'objection to the location ofthespur.hi§hway ns proposed by the City Engineer o'n the basis that itmill displace n considerable amount of businesses in the city. which businesses would not be able to find other locations within the city and thereby,would be forced to move outside the citylimits. resulting in a considerable loss in municipal revenues, Mr. Ward suggesting as ulternates'a route generally~following Hollins Road, N. E** and ~inth Street, S. E., extending through Garden City to Route 220. south of thecity; and a route extending generally along£1eventh Street. N. M. andS. 4** to Route 220. south Of the city, Mr. Nard further stating that the prime need in the city, so far as 219 220 traffic movement is concerned, is bridges across the Norfolk and Western Rallmay Compnnf lines and Roanoke River; and that mest of the city only two modern bridges are available for crossing, one the Hunter Memorial Bridge and the other Sinclair Drama Bridge nt Salem. Virginia. ell ether bridges having been constructed around 1690. Mr. C. £. Hunter again appeared before Council as Attorney for Mr. Paul P. Hnnter. owner of a filling station located at Second Street and Nlllinmson Road. N. E.. advising that his client has alFeady been interrupted in the operation of that business by reason of the mark in connection with the Commonwealth Redevelop- meat Project and now under the present project would have his business completely eliminated. Mr. Hunter stating that his client is opposed to the proposed high,ay route for that reason. Mrs. Queen E. Mllliams. a resident of the Commonwealth Redevelopment Project area. appeared before Council and stated that she represented herself and several other residents who have repurchased their properties from the Roanoke Redevelopment and Housing Authority in good faith, believing that they would not be disturbed and uprooted again; Mrs. Milliams stating that they have made improve- ments to their properties after receiving assurance from the Housing Authority that they would not again be disturbed and advising that the residents of the area are deeply concerned over the proposed highway construction since some of the residents have already had to move three or four times and all of them are reachin9 an age when such upheavals are objectionable. Mr. R. F. Benniflgton, a resident of the southeast area of the city. appeared and stated that he represented the Southeast Civic League. advising that the people in southeast will not oppose the proposed highway spur extension to Elm Avenue. S. E.. If the three bridges Or crossings to the southeast area betmeen Bunter Memorial Bridge and Elm Avenue are to be constructed. Mr. Benniflgton point- ing out. however, that the people of southeast would oppose the highway if these crossings are not included. Mr. Nevin R. Moods of Woods Brothers Coffee Company appeared and requested that he he advised whether or not his company would be reimbursed for the move made necessary by the highway if it is constructed, the City Engineer advising that such items Of expense were a part of the overall cost of the project and mould be taken care of. Mr. V. R. Cox appeared before Council and stated that he represented the Esso Standard Oil Company who has several places of business in the proposed highway constrnctlon area and that they would be affected thereby. Mr. Cox stating. however, that the company is in favor of the project. Mr. V. B. Bountcastle appeared before Council and stated that he is in favor of the proposed project. Mr. Dick Sullivan. representing the Roanoke Valley Citizens Traffic Safety Council. appeared before Coanci~ and advised that he has been instructed by the Executive Committee of said Council to state its approval of the proposed project. J Hr. Grant W. Wilson. who resides at 47 Patten Avenue. N. E., near Second Street, appeared before Council and stated that his examination of the plans for the project indicate that Second Street would be closed, consequently, many negro residents of the area would be denied ingress and egress to their property with the exception of one way and would also be denied use of theJc garages from an alley off of Second Street, some of the garages having been built within the last year. The City Engineer pointed out that it is possible that Second Street night be kept open to the north of Patton Avenue but that it would not bepermitted to remain open into the highway, advising, however, that if damage is done to property in the area the owners would undoubtedly be paid. Hr. Anderson stated that there are a considerable number of people present who are interested in the project but who. for one reason or another, have not voiced their opinions, Mr. Anderson suggesting that, if the people are interested in doing so. they ~rite Council their ideas concerning the project, Mr. Young stated that in this connection he agreed ~tth Mr. Anderson but that he ~ould like to clarify a question before Council, pointing out that the problem is not the construction of a ~'-~ass around goanoke but rather a connecting link between Interstate Route 81 and the City of Roanoke, which I~=pass is to be constructed for the use of people who want to come off Of and go on to Route ~1. and that Council is not certain that the proposed spur line os recommended by the City Engineer is the proper answer to this problem, the body therefore requesting that the citizens express their opinion in the matter. There being no further business. Council adjourned. APPROVED 221 '222 COUNCIL, REGULAR MEETING, Monday, November 3, 1959. The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Building, Monday, November 3, lgSU, at 2:00 o'clock, p. w,, the regular meeting hour. with the President, Hr. Mheeler. presiding, PRESENT z Council members Anderson. Cornell. Dillard. Pickett. Rabbet, Young, and the President. Mr. Mheeler .... ARSENT: None ....................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph · hittle, City Attorney, Mr. Barry R. Yates, City Auditor. and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend J. E. Kraus, Pastor, Vinton Pilgrim Church. MINUTES~ Copy of the minutes of the regular meetieg held on Monday, October 27, 1959, having been furnished each member of Council. upon motion of Mrs. Pickett. seconded by Mr. Anderson and adopted, the reading mas dispensed with and the minutes approved as recorded. DEAR lNG OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council at its meeting of October 6, 1958. having set a public hearing for 2:00 o'clock, p. m,. November 3. 1956, in the Council Chamber, on the request of Mill Mountain Estates Corporation that Blocks A and B. Section 1, Mill Mountain Estates Subdivision, located on the westerly side of Garden City Boulevard, S. E.. be rezoned from General Residence District to Business District. and notice of said hearing having been published in The Roanoke Norld-News on October 17, 19§8. and the City Planning Commission having previously recommended that the request be granted, the hearing was held at which no one appeared in opposition. Mr. T. L. Plonkett. Jr.. Attorney for the petitioners, appeared before Council and advised that the two blocks in question are a portion of a subdivision of the former Hartsook Estate and are Intended to provide a business district for the subdivision, Mr. Plunkett requesting that Council concur in the recommendation of the City Planning Commission. Mr. Anderson moved that Council concur in the request and that the following Ordinance be placed upon its first reading: (~13534) AN ORDINANCE to amend and reenact Title XV, Chapter 4. Section 1. of The Code of the City of Roanoke. 1956, in relation to Zoning. · BEREAS. application has been made to the Council of the City of Roanoke to have property on the Northwesterly side of Garden City Boulevard extending Northerly from Lot I of the S. J. Jones Map to Cromn Point Rood. which said property is further described as Blocks #A# and *B#. Section 1, according to the Map of Mill Mountain Estates. made by C. B. Malcolm and Son, So C. July ?, 1958, rezoaed from General Residence District to Besiness District; and WHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from Generel Residence District to Business District es requested; smd MEEREAS, notice required by Title ZYo Chapter 4, Section 43, of The Code of the City of Roenoheo 19S6. relating to Zoning, has been published ia 'The Roenehe #arid-News#, a newspaper published in the City of Roanoke, for the time required by said section; end · EEREAS, the hearing as prorided for in said notice published in the said newspaper was held on the 3£d day of N~vember, 1958, at 2~00 o'clock, before the Council of the City of Roanoke tn the Council Chamber in the Runi- cipal Building, at which hearing property o~ners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezoning; and MEEREAS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be renamed as requested. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1955, re- lating to Zoning. be amended and reenacted in the following particular and no other, riz~ Property located On the Northwesterly side of Garden City Doulevard extending Northerly from Lot I of the S. J. Jones Map to Cro~n Point Road, mhich said property is further described as Blocks 'Aw and #B'. Section 1, according to the Map of Mill Rountain Estates, ma~e by C. B. Malcolm and Son, S. C. E.*s., July 7. IgC, designated on Sheet.418 of the Zonin9 Map as Official Tax No. 4180101, be, and is hereby changed, from General Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Young and adopted by the following vote~ AYES: Council members Anderson. Cornell. Dillard, Pickett. Nebber. Young, and the President, Mr. Wheeler .......... NAYS: None ............................O. FILLING STATIONS-SIGNS: A communication from ~oodrum and Gregory. Attorneys for The Roanoke Valley Retail Gasoline Dealers Association. proposing the adoptionof an Ordinance regulating the advertising of retail sales of petroleum products, having been before Council at its meeting of October 13. 1958. and the communication having been referred to,the City Manager for study and'report On the question Of the public safety factor and Of whether or not the signs presently used in,this connection comply with the existing Sign Ordinance. and the City Attorney~having been asked for an opinion as to the legality of the passage of such an Ordinance, the matter sas again before the body. The City Clerk presented a communicationfromValley Oil and Tire Company. protesting against the proposed Ordinance on the basis that, if such regulations are to be adopted for filling stations, they.should also apply to all other types of businesses. 223 224 The City Clerk also presented a communication from the Ronnd Hill Garden Club, endorsing passage of the Ordinance. Mr. £ossen Gregory, Attorney for the petitioners, appeared before Council and reiterated arguments previously presented in favor of his clients, pointing out that such laws are in effect in various other states and have been upheld in two states by Appellate Courts, and that the intentions of his clients are to eliminate false and misleading advertising and to provide protection for the buying public. Mr. Richard T. Edwards, Attorney, appeared before Council and stated that he represents a number of dealers and distributors of petroleum products who are opposed to the adoption of the Ordinance, that there ore ample State and Federal laws to prohibit false and misleading advertising and to protect the buying public with reference to the quality of petroleum products; Mr. Edwards stating that, in his opinion, if these statutes ave being violated, thus com- plaining should apply to the Courts in the proper manner for the elimination of the violations. Mr. Claiborne Gregory, an Attorney from Richmond, Virginia, appeared before Council and stated that he represents the Petroleum Industry of Virginia, an organization of wholesale petroleum dealers, and that his clients are in opposition to the proposed Ordinance on the basis that it Is a restriction of the use of private property and is class legislation, in that it applies to only one type of business; Mr. Gregory pointing out that such a law was passed in eight states as Municipal Ordinances, but that such law has been upheld in only two of said states. Mr. James W. Heizer of the Roanoke Valley Retail Gasoline Dealers Association appeared before Council and stated that while there are State statutes concerning false and misleading advertising it is impossible to get local officials to enforce these laws. The City Manager submitted his report in which he advised that a check of all signs at filling stations, conducted by the Office of the Huilding Com- missioner, disclosed that the signs comply with the city's Sign Ordinance fully, and that a survey by the Police Department showed that none of She signs are in violation of the City Code; the City Manager pointing out, however, that some of the signs do obstruct the view of traffic to some degree. The City Attorney presented an opinion in which he advised that the weight Of authority in State Supreme Courts holds that statutes similar to the proposed Ordinance are unconstitutional, and that he has been unable to find where the Virginia Supreme Court of Appeals has passed upon the validity of such a law and, accordingly, could not say with certainty whether that Court would uphold Or strike down such an Ordinance. Dr. Cornell moved that Council concur in the request and that the follow- ing Ordinance be placed upon its first reading: "AN ORDINANCE to amend Title IX of The Code of the City of Roanoke, 1956, by adding thereto a hem Chapter 6, regulating advertising of retail sales of petroleum products. BE IT ORDAINED by the Council of the City of Roanoke that Title XX *Businesses and Occupations* of The Code Of the City Of Roanoke, lO§6, be, and said Title is hereby, amended by adding e new Chapter thereto, said Chapter being Chapter 6 and to read and provide as follows: CHAPTER 6 Advertising of Retail Sales of Petroleum Products Section 1. Retail Sales of Gasoline. Signs tg b~ Posted. It ~hali be unlawful for any person to sell or offer for sale at re,ail for usein internal combustion engines in motor vehicles any gasoline unless such seller shall post and keep con- tinuously posted on the individual pump or other dispensing device from which such gasoline is sold or offered for sale a sign or placard not less than seven inches in height and eight Inches in width nor larger than twelve inches in height and ten inches in width and stating clearly and legibly in numbers of uniform size the selling price or prices per gallon of such gasoline sold or offered for sale from such pump or other dispensing device together with the name. trade name brand, mark or symbol, and grade or quality classification, if any. of such gasoline. The amoung of government tax to be collected in connection with the sale o~ such gasoline shall be stated on such sign or placard and separately and apart from such selling price or priceS. NO sign or placard stating or referring directly or indirectly to the price or prices of gasoline, other than such sign or placards as hereinafter pro- vided, shall be p~ted or maintained on. at. near or about the premises on which said gasoline is sold or offered for ssle.~ Section 2. R~toil Sales Of Petroleum Products other than Gasoline. Signs to be Posted. It shall be unlawful for any person, in connection with the sale or offer for sale at retail of any petroleum products for use in motor vehicles, other than gasoline, to post or main- tain ut st'ch place of sale or office for sale. any sign, placard, or other ~splay that states, relates or refers to. the price at which such petroleum products aresoid or offered for sale. except 1. Such sign. placard or other device shall not be less than seven inches in height and eight inches in width, nor larger than twelve inches in height and ten inches in width. 2. The price stated, mentioned or referred to on such sign. placard, or other display, shall be by the unit of the measure at which such petroleum products are customarily sold at retail. 3. The name. trade name. brand, mark, or symbol. and grade or quality classification if uny, of such petroleum products, shall be clearly stated on such sign, placard, or other display. and if such petroleum products are sold with- out identification by name. trade name. brand. mark or symbol, such sign, placard or other display shall refer clearly to such petroleum products as unbranded. 4. If such petroleum products are sold or delivered by or through the means of dispensing equipment, such sign, placard, orother display shall be posted and maintained on such dispensing equip- ment and at no other place. 5. It shall be considered sufficient compliance with this section if the total selling price to be paid is clearly· shown and displayed on a quantity computing device or calculator attached to the pump from which such motor fuel is sold or offered for sale, provid~the basic price or prices and the total of taxes is also displayed on the face of said puop in letters and numerals of equal size to the total selling price; provided, however, that no other signs or placards stating or refer- ring directly or indirectly to the price or prices of motor fuel, other than as herein- before provided, shall be posted on, at, near or about the premises on which said motor fuel is sold or offered for sale. 225 226 SectiOn 3; MetnllSile~ of P~troleum'Pr~du¢i~,'D~c~l~u, ~', It sboli'be'unlauful for~uny'p~rson to ~eil or orf~'r rot sale gasoline or other petroleum products for use In motor.vehicles at retail in any manner so os to deceive or tend to ~eoefve the'par- chaser os to the price, nature, quality or identity thereof, or sell or offer for sale from iny pomp dispensing device, or container any gasoline or other petroleum products other than that gasoline or other petroleum products m'auofectu~ed or distributed'bi the manu- facturer or distributor marketing such gasoline or other petroleum products under the name,~trad6 name, brand, symbol or mark affixed to or contained on such pump. dispensing device or container, or to substitut~, mix or adulterate'gasoline or other petroleum products sold or offered for sale under a name, trade name, brand, symbol or murh. Section~4. PenaltY. Any person vilating any of the provisions of this section shall, upon conviction thereof, be punished by a flee of not lesn than $10~OOnor more than$1OO.O0.# The motion was seconded by Mr. Dillard and lost by the following vote: AYES: Council members Andersen. Cornell. and Dlllard---~--~--3~ NAYS: Council members Plchett. Webber. Young. end the President. Mr. · heeler~~ .............. = .... 4. BUSES: Pursnant to action by:Council at Its meeting of September 29, 1958. Mr. Leonard G. ~ase, Attorney for Safety Motor Transit Company. appeared before Conncll and stated that the Company has hauled one ~il]icn less passengers in 1958 than doting the previous year, that the Company has been impelled to grant a long overdue salar! Increase to its employees, effective October 1, 1958. mhlch will increase its oostsby $25,000.00 per Iear. and that. due to these two items, it faces a deficit operation daring tbe next year; ~r. Ease stating that this is the general experience of transportation companies throughout the United States, that the Coupany through previous reductions in franchise tax rates and increases in passenger rates, along with increased efficiency in operations, has endeavored to eliminate deficit operations, but that Its present problems are such that the Company desires th~ advice and help of Council in solving these matters; Hr. Muse suggesting that possibly Council or a committee of Council night meet with representatives of the Compan! to discuss the problems and pointing out that the Company will furnish 'to eachmember of Council, and such committee as it desires, complete detailed information concerning the Company's operations prior to such a meeting if Council'should agree thereto. Mr. ~ebber moved that Council, acting as a committee of the whole, meet at 7:30 o'clock, p. m., Tuesday, November 11. 1958, in the Council Chamber, with representatives of the Safety ~otor TransitCompan~for a discussion of Its problems. The motion was seconded by Dr. Cornell and adopted. PETITIONS A~B COIMUNICATION$: BUDgET-SCHOOL BOARD: The City Clerk presented a communication from the Eoanoke City School Board,' requesting certain transfers of funds in the lg58 school badger, which it advised 'are necessary in order to conplete operations for the present fiscal year. ~r. ~ebber uoved that Council cgncur in the request of the School Board and offered the following emergency Ordinance: ('13535) AN ORDINANCE to amend and reordnin Section '120. "Schools#, of the 1958 Appropriation Ordinance. and providing for aa emergency. (For full text of Ordinance. see 0rdJaance Oook No. 23. Page 124.l Mr. Webber moved the adoption of the Ordinance. The motion mos seconded by Mr. Dillard and adopted by the following vote: AYES: Co,,cfi members Anderson. Cur,ell. Dillard. Pickett. Webber. Young. and the President. Mr. Wheeler .......... ?. NAYS: None ............................O. S~AG£ DISPOSAL: The City Clerh presented a Resolution of the Council of the Town of Salem. requesting that the Contract of October 16. 1953. between the Town of Salem and the City of Roanoke. dealing with the treatment of domes't~c and commercial wastes, be amended by addin9 thereto an eight acre tract of land, lying in the County of Roanoke approximately one-fourth mile west of the town limits and south of Roanoke River, easterly from State Route 636. Mr. Anderson moved to refer the request to a committee composed of Ressrs. Roy L. Webber, Chairman. Walter L. Young, Arthur S. Omens and Randolph G. ~hittle for study and recommendation. The motion was seconded by Rrs. Pickett and adopted, JOB CLASSIFICATION: The City Clerk presented a communication from Mr. James L. Pagans. an employee of the Nater Department. advising that in his opinion, by reason of his education and experience, as well as his long tenure of service with the Department, he is qualified to be placed in a higher salary group under the Job Classification Plan. Dr. Cornell moved that the City Manager and Council have a hearing at which any employee dissatisfied with his present classification under the city's Salary and Mage Plan may be heard, said hearin9 to be held after the first of the year. The motion:was seconded by Mr. Dillard. Mr. Webber stated that. in his opinion, the matter is an administrative one to.be handled bI the CitI Manager and that any city employee who has,re- quested a review of his classification through proper channels and who has been denied may.thereafter appeal to Council. Mr~ Webber offering a:substitate motion to refer the communication to the City Manager as an administrative matter. The substitute motion was seconded by Mr. Young and adopted. Dr. Cornell and Mr. Dillard voting no. The City Manager advised:Council that~ since the adoption of the revised Salary and Wage Plan, changes have,been made in classifications where erroneous classifications have been brought to his attention; that it is his plan during the first part of next year, after a one year operation under the plan, to request employees who believe their classificationsin error to come to his office for BUDGET~ROANO~E OAR ASSOCIATION: The CitI Clerk presented a communication from Mr. Murray A.'Stoller.:Chairman~of.the Library Committee of the,Roanoke~Bar 227 228' Association. requesting that Council include in its 1959 budget $1.500,00 for the maintenance of the Luu Library. ~r. Toung moved to table the matter for consideration along with the 1959 budget. The motion mas seconded by Hr. Anderson and adopted. CITY JAIL: The City Clerk presented u communication from Hr. Raymond P. Dames. suggesting that Council provide rooms in two of the clty*s hospitals for incarceration of mentally ill, epileptic or inebriate persons, pending their transfer to State institutions. Rr. Dillard moved to table the matter for consid~tion along with the 1959 budget. The motion was seconded by Mr. Anderson and adopted. REPORTS OF OFFICERS: LAYER DEPARTMENT: The City Manager reported that, pursuant to the authority of Council granted at its meeting of September 15, 1959, the Purchasing Agent advertised for and received bids for the installation of pumps and controls and of suction and discharge piping ut the Crystal Spring Pumping Station; the City Manager submitting a tabulation of bids showing the bid of Jefferson Electric Company, Incorporated. in the amount Of $3,1B~o00. as the low bid for installing pumps and controls, and the bid of J, M. Turner and Company, Incorpor- ated, in the amount of $5,000.00, as the only bid received for installing suction and discharge piping; the City Manager stating that no bids were received for installing a six inch main up Mill Mountain and recommending that the low bids of Jefferson Electric Company, Incorporated. and J. ~. Turner and Company, Incorpora- ted, be accepted, that contracts be awarded therefor, and that he be authorized to install the six inch line up Mill Mountain with city forces at an estimated cost of $?,000.00 for labor plus the necessary materials which are in stock in the Nater Department store of supplies. Mr. Young moved that Council concur in the recommendation of the City Manager _nd offered the following emergency Ordinance: (m13536) AN ORDINANCE authorizing the installation of pumps and controls at the Crystal Spring Pumping Station; making provision for the execution of a written contract with Jefferson Electric Company, Incorporated, for installing the same for a price of $3,190.00; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 124.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, iebber. Young, and the President, Mr. Mheeler .......... 7. NAYS: None ............................O. Dr. Cornell then offered the following emergency Ordinance: (z13537) AN ORDINANCE authorizing the installation of suction and dis- charge piping at the Crystal Spring Pumping Station; making provision for the execution of a certain contract with J. M..Turner ~ Company, Incorporated, for installing the same for a price of $6,000.00; and providing forum emergency. (For full text of Ordinance, see Ordinance Book No. 23 Page 125.) by Mr. Yoong and adopted by the following, vote: . A~ESz ¢oaocil members Anderson, Cornell, Dillerd; Pickett, ~ebber, Young, and the President, Mr. Mheeler .......... ?, ~A~$: ~one .............~ .............. O. (~13538) AN OBDINANCB aothorlziag-the~lastallatlon of n .ater wain from under the City Manager. at an estimated cost of $?,000.00; and providing for (For full text of Ordinance, see Ordinance Book No. 23, page 126.) Mr. Anderson moved the adoption of the Ordinance. The notion Mas expire December 31, 1958. Appropriation Ordinance. and providing for an emergency. :(For full text.of Ordinance~ see Ordinance Book No.'23, Page 128.) 229 23O Mr. ~ebber moved the adoption of the 0rdinnnce. The motion uns seconded bi Mr. Young and adopted by the following vote: AYR$: Council memberu Anderson, ¢ornell, Dillard, Plehott, Bobber, Young, and the President. Mr. #heeler .......... ?. NAYS: None ............................O. Rr. Young then offered the follo~ing emergency Ordtnnnee: (a13540) AN ORDINANCE to amend and reordala 'Operating Expenses', of the 1958 Se~age Treatment Fund Appropriation 0rdinnnce, and providing rot an emergency. (For full text of 0rdinnnce, see Ordinnnce Rook No. 23, Page 129.) Hr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pichett, Hobber. Young. and the President, Mr. Hheeler .......... ?. NAYS: None ............................0. REPORTS: The City Manager submitted a report of the Department of Public ~elfare for the month of September, 1950, and reported other departmental reports on file in his office. The report was ordered flied. RUDOET: The CitI Manager submitted his proposed 1959 budget. Mr. Mebber moved to receive the proposed budget for study. The motion Has seconded by Mr. Dillard and adopted. REPORTS OF COMMITTEES: WATER DEPARTMENT: Council at its meeting of September 22, 1958, having referred to a Committee composed of Dr. Charles H. Cornell. Chairman, Eessrs. Roy L. ~ebber and Halter L. Youn9 for study and recommendation the feasibility of providing more recreational facilities at the Carvins Cove Lake area, the Committee submitted an interim report, advising that, while it is studying its assignment, it wishes to recommend to Council an Ordinance, providing for the extension of the hours of fishing until 10:00 o'clock, p. m., in the Cove impoundment, for adoption at this time, in order that fishermen might enjoy such privileges for the remainder of the year. Dr. Cornell moved that Council concur in the report of the committee and offered the follnuin9 emergency Ordinance: (~13541) AN ORDINANCE amending and reordaini~jsubsection (e), Sec. 2, Chapter 2, of Title Ill of The Code of the City of Roanoke, 1956, relating to hours during which the Carvins Cove Area shall be open to the public; amending and reerdaining subsection (a). Sec. 3. of said chapter, title and Code, re- lating to the times which fishing shall be permitted on the reservoir in said Area; amendin9 and reordaining Sec, 4 of said chapter, title and Code by the addition to said section of a new subsection relatin9 to certain lights required to be carried and used on certain boats on said reservoir; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23. Page 129.) Dr. Coraell moved the adoption or the Ordinance. The motion mas seconded by #r, Young and adopted bi the folloming vote: AYES: Council members Anderson. Cumuli. Dillard, Pickett, Webber. Young, and the President. Mr. Wheeler .......... NAYS: None ............................O. JUVENILE DETENTION DOME~ Council at its meeting or August 11. having referred to a Committee composed of Mayor Vincent S. #heeler. Chairman. Mrs. MarT C. Pickett. Messrs. Arthur S. Owens. Randolph O. Mhittle and Miss Bernice F. Jones for study and recommendation the future use of the old City Rome, giving consideration to the use thereof as n site for the Juvenile and Domestic Relations Court or for the Juvenile Detention Rome. the Committee sub- mitted its report, advising that in Its opinion the old City Home is totally inadequate and impractical for use us a Juvenile Detention Dome or a Juvenile Court due to its inaccessibility and its prohibitive cost of renovation, the Committee recommending that Council direct the City Manager to publicly adver- tise for bids for the use of the property as a convalescent Or old age center or some comparable activity, said bids to be submitted to Council for its dis- position. Mr. ~ebber moved to table the matter until the next regular meetin9 of Council. The motion sas seconded by Mr. Dillard and adopted. Mr. Anderson then moved that the Roanoke City YouthCommission members be larited to attend the next regular meeting of Council for a discussion of the matter. Yhe motion was seconded by Mr. Mebber and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROYE~ President ~231 232 COUNCIL, REGULAR MEETING Monday, November 10, 1958. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, November 10. 1958, at 2:00. o'clock, p. m., the regular meeting hour. with the President, Mr. #heeler, presiding. PRESENTs Council members Anderson, Cornell, Dillard, Pfchett, Mebber, and the President, Mr. Mheeler ABSENT: BF. Young ............... OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph G. Mhittle. City Attorney. Mr. Harry R. Votes, City Auditor. and Mr. J. Robert Ybomas, City Clerk, INVOCATIONs Yhe meeting was opened with a prayer by the Reverend Johnnie E McHenry, Pastor, Melrose Avenue Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, November 3. 1950, having been furnished each member of Council, upon motion of Mr. Anderson, seconded by Dr. Cornell and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STATE HIGHWAYS: Council at its meeting of October 2T. 19SO, having invited the public to submit its views concerning the proposed extension of the spur from Interstate Highway BI into the City of Roanoke from Orange Avenue, N. B., to Elm Avenue, S. E., the City Clerk presented communications from Messrs. · . L. Muse, Henri B. Boynton, S. F. and Robert M. Woody. endorsing the proposed extension as prepared by the city*s Engineering Department, and communications from Messrs. E. W. Poindexter, T. B. mitt, President, Peoples Ice 6 Storage Company. Incorporated, William S, Nubard and Frederic T. Uall, expressing the opinion that the location of the spur extension as proposed by the CjiI Engineer is not the best in the interest of the city and proposing a further study thereof. Mrs. Pickett moved that Council file the communications. The motion was seconded by Mr. Dillard and adopted. MATER DEPARTMENT: The City Clerk presented a communication from Mr. Homer E. Austin, requesting that Council provide for the installation of a floating pier at Carvins Cove in order that boats On the impoundment may have better docking facilities, particularly during periods of low water level. Mr. Dillard moved to refer the request to the City Manager for bis study in connection with other matters relating thereto, Yhe motion was seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager presented a report, recommending the installation of four street lights at various locations in the city. Mr. Webber moved that Council concur in the recommendation of the City Manager and offered the following Eesolutionl (813542) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution. see Resolution Uook No. 23. Page 130.) Hr. Robber moved the adoption of the Resolution. The motion was seconded by Rrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. [ebber. and the President. Mr. Hbeeler ............ 5. NAYS: None ................... O. (Mr. Young absent) STREET LIGHTS: The City Manager requested that Council reconsider its action of August 25, 19S§, in tabling for consideration along with the 1959 budget his request for the installation of eleven 6000 lumen street lights and the removal of four 2500 lumen street lights on Grandam Road. S. I.. between Shirley Avenue and ~indsoF Avenue, the City Manager advising that funds for the installation of these lights are included in the 195B budget and that the pro- posed lighting changes are a part of an overall plan for lighting U. S. Highway il. Mr. Dillard stated that the budget for 1959 will he under study in the next few weeks and moved to allow the matter to remain on the table for consider= ation at that time. The motion was seconded by Mr. lebber and adopted. Mrs. Pickett voting no. REPORTS OF COMMITTEES: MATER DEPARTMENT:. A committee composed of Dr. C. M. Cornell, Chairman, Messrs. Roy L. ~ebber. and ~alter L. Young, heretofore appointed to study the feasibility of providing more recreational use of the Carvins Cove Lake area. submitted a report, advising that it is unanimously of the opinion that the area should be developed and recommending that a master plan be prepared ~or further study. Mr. Dillard moved to concur in the report of the committee and to direct the City Manager to cause such a master plan to be developed. The motion was seconded by Mr. Anderson and adopted. UNFINISHED BUSINESS: JUVENILE DETENTION ROME: A report of the committee composed of Mayor Vincent S~ ~heeler,:Chairman, Mrs. Mary C. Pickett. Messrs. Arthur 5. Owens. Randolph G. ~hittle and Miss Bernice F. Jones, concerning the future use of the City,Home on Colonial Avenue. S. ~.. having been laid over from the previous meeting of Council. atwhich time the Roanoke City Youth Commission was invited to be present, the matter was again before the body. Mrs. A. B. Camper. Chairman. Roanoke City Youth Commission, appeared before Council,;along withother,members of, the Commission. andstated that the Commission:began a study of. the Juvenile detention facilities in the city and the needs in connection therewith in March, 1957. which culminated tn a survey conducted by the Virginia Department of Nelfare and Institutions. which survey indicated the need for new and adequate detention facilities for juveniles, the 233 ,234 Department recommending the construction of such facilities adequate to meet the needs of the City of Roanoke and several surrounding political subdivisions, the Youth Commission concurring in said report and stating that it believes that it is inadvisable for the city to build detention facilities for its own use only. Mrs. Camper further stated that, because some of the surrounding counties covered by the survey conducted by the Virginia Department or Melfara and Institu- tions have subsequently proceeded mltb plans to construct a detention home for their Joint use without consulting with or notifying the city of their plans, the Joint operation with the City of Roanoke apparently is unacceptable to them, in consequence of which, the Commission now believes that the city should pro- ceed to build a detention home for Its oma use which will accommodate children from neighboring counties on a contractual basis such as that now in being betmeen the city and various counties, the Commission stating that it has been advised by both Roanoke County and Dotetourt County that they would like to use city facilities under the arrangement and that it is convinced that a nam build- ing should be provided rather than trying to renovate an old building mithin the city. Mr. Kossen Gregory, Delegate to the General Assembly from the city and Chairman of the ~elfare Committee of the House Of Delegates. appeared before 'Conucil and stated that studies conducted by the General Assembly indicate the need for new and adequate detention facilities for juveniles in the City of Roanoke and that. in his opinion, it is important that Council take reasonably immediate action to provide such facilities if it expects to receive funds from the State toward the construction thereof since the funds appropriated by the last session of the General Assembly might be exhausted in the near future. Mr. Milliam E. Neddiflgtou of the Virginia Department of Melfnre and Institutions appeared before Council and stated that his Department is in agree- meat math the statement made bi ~elegate Gregory and that the contracts presently in force between the city and certain counties are sufficient to qualify the city for State aid in construction of a Juvenile detention home on the basis of SO per cent of the cost thereof up to a limit of $50,000.00 of State funds. Mr. Mebber moved to direct the City Manager to obtain from the Virginia Department of ~elfare and Institutions a copy of the plan for detention facilities previously apprbved by the said Department and to submit to Council has. recom- mendations on the type and size of such a facility to serve the City nf Roanoke and contracting counties, along with the estimated cost thereof. The motion was seconded by Mr. Dillard and adopted. Dr. Jerome Hatt then appeared before Council and stated that the Roanoke Council for Retarded Children is anxious to nbtaln use of the old City Home on Colonial Avenue. 5. M., us a day care center for retarded children below school age since the Council is planning to enlarge its activities to include such a day nursery andthat, in his opinion, the 9romp could provide adequate main- tenance for the property if the city mill permit its use by them. ,! Hr. Anderson moved that Council concur in the report or the Committee and direct the City Manager to publicly advertise for bids for the use of the old City Home on Colonial Avenue. S. #** as a convalescent, or old age center or for some other comparable use. snch bids to be submitted to Council for its disposition. The motion was seconded by Mr, #ebber and adopted. ZOHING: Council at its meeting of October 6. 1959, baying referred to the City Planning Commission for study and recommendation a petition from Andrems*Pitaer-gutler Fuel Oil Corporation, requesting that their property located on the north side of Virginia Avenue, N. M., west of Comer Street, be resound from Cenerni Residence District to Business DistrJcto the City Planning Commission submitted its report, advising that, ia its opinion, the lots in question are more suitable for business than for residential uses and that the use proposed for them mill not change the general character of the neighborhood, the Commission therefore recommending that Council grant the request for reaoning. Mr. ~ebber moved to set a public hearing in the matter for 2:00 o'clock, p. m., December H, 1959, in the Council Chamber. and to direct the Attorney for the petitioner to prepare notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. Zhe motion was seconded by Mr. Dillard and adopted. ZONING: Council at its meeting of October 20, 19SD, received and referred to the City Planning Commission for study and recommendation the request of Mr. Sam T. Bowman, et al., that their property located on the north side of Averett Street, N. ~.. west of ~illiamson Road, be rezoned from General Residence District to Business District. The City Clerk presented a communication from Mr. Tom Stockton Fox. Attorney for the petitioner, adrlslng the prospective tenant of the property is no longer interested and that his client is withdrawing the request for rezoning. Mr. Dillard moved that Council table the matter. The motion was second- ed by Dr. Cornell and adopted. CONSIDERATION OF CLAIMS: NONE. XNTROgUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No, 13534, rezoning property located on the westerly side of Garden City Houlevard, S. E.. designated as a part of Official Tax No. 4190101, Blocks A and B, Section 1. Mill Mountain Estates Subdivision. from General Residence District to Business District, having previously beenbefore Council for:its first reading, read and laid over, was again before the body, Mr. Anderson offering the following,for its second reading and final adoption; (z13534) AN OHDINANCEto amend and reenact ~itle IV, Chapter 4, Section 1. of The Code of the City of Roanoke, 1956. in relation to Zoning. (For~fnlltext of Ordinance; see Ordinance Book No. 23, Page 130.) Mr. Anderson moved the adoption of the Ordinance. The motion was second- ed by Mr. Dillard and adopted by the following vote: 235 ' 236 AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, and the President, Mr. Mheeler ............ 6. NAYS: None ............... ~---0. (Mr. Young nbaeat) MATER DEPARTMENT; Council it its meeting of October 27, 1958. having adopted Resolution No. 13532, providing for the release of certain water rights held by the City of Ronnoke aa property of Naddy Co and Evelyn F. Atkins, the City Attorney having advised that the mutter should have been handled by an Ordinance rather than a Resolution, Mr. Mebber offered the following Resolution revoking and repealing Resolution No. 13532: (z13543) A RE$OLDTION revoking and repealing Resolution No. 13532. (For full text of Resolution. see Resolution noah No. 23. Page 132.) Hr. Mehber moved the adoption of the Resolution. The motion mos seconded by Dr. Cornell and adopted by the folloming vote: AYES: Council members Anderson. Cornell, Dillard, Pickett. Mebber, and the President. #r. Mheeler ............ NAYS: None ...................O. (Mr. Young absent) Mr. Dillard then moved that the following Ordinance be placed upon its first reading: (~13544) AN ORDINANCE granting authority to the Mayor and the City Clerk, on behalf of the City o~ Roanoke, to execute a Release and Ouitclaim to certain water rights now held by the City of Roanoke on a 9.2 acre tract of land owned by Muddy C. Atkins and Evelyn F. Atkins. designated as Official Tax No. 4350605, in the City of Roanoke. MHEREASo ~addy C, Atkins and Evelyn F. Atkins have requested that the City of Roanoke execute a Release and Quitclaim of certain water rights which now cloud the title to a 9.2 acre tract of land on Bennington Street, So Roanoke, Virginia, mhich water rights mere granted by deed from Milliam H. Muse, Jr,, et al** to Roacoke Oas and Mater Company (the predecessor in title to the City of Roanoke) by deed dated November 24, 1907, and of record in the Clerk*s Office of the Circuit Court of Roanoke County, Virginia. in Deed Book 41, Page 448. which water rights are described therein as follows: "All of the water now upon. or which may hereafter accumulate, or flow upon, over, through or under the rest and residue of the lands which were conveyed by Susanne Kefauver and F. Rorer .to Charles L. Bush and Sidney M. Muse. by deed bearing date of November 26, 1803. Deed Book *Q', page 27, 28 and 2g, to which reference is hereby made .... *And the right is hereby granted and conveyed to the party of the second part, its successors and assigns, to at any time here- after enter upon said lands, or any part or portion thereof, and drive taflnels, Sink malls or pits and make such exearatlons as may be desired, either in prospecting for or developing and tak- ing water from said lands, and to erect thereon such tanks, stations, and structmres as may be necessary and convenient for its purposes. And the further right is hereby granted and con- veyed to lay and maintain pipe lines upon, through and across said lands for the purpose of taking water therefrom, or from any other lands; provided, however, that any land privately taken for the erection of tanhs, stations and other structures, shall be paid for at the rate of $200.00 per acre. and in the event that a building or buildings be upon the land so taken, then such building or buildings shall be paid for at their market value, which shall be ascertained by arbitrators, selected in the usual. 237 way; provided.further, that any dawagedoae to grouing.crops by the party of the second part, its successors and assigns la the exercise of the rights hereby conveyed, shallbe paid for, the amount to be ascertained by arbitrators ia the usual way.' end EREREAS, the City of Roanoke sill suffer no inconvenience by the release of the water rights aforesaid. THEREFORE, BE IT ORpAINED by the Council of the City of Roanoke that Vincent S. Yheeler, the Hayor. and J. Robert Thomas. the Clerk, be, and they are hereby, authorized and directed to execute, on behalf of the City of Roanoke, a Release and Quitclaim to Ruddy C. Atkins and Evelyn F. Atkins, as tenants by the entireties with the right of survivorship, snbJect to approval by the Attorney for the City of Roanoke, releasing and quitclaimin9 all right, title and lnterst in and to the water rights aforesaid as set forth in Deed Book 41, Page 440, in the Clerk*s Office of the Circuit Court of the County of Roanoke, only as to the 9.2 acre tract of land designated as Official Tax No. 4350605 now owned by Muddy C. Atkins and Evelyn F. Athins. The motion was seconded by Rt. Anderson and adopted by the following vote; AYES; Council members Anderson, Cornell, Dillard, Pickett, Webber, and the President, Mr. Wheeler ............ NAYS: None ...................O. (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: EASEMENTS: Mr. M. Coat:ney King, Attorney for Preston Oaks Baptist Church, appeared before Council and presented a petition from Preston Oaks Baptist Church, et al., advising that the said Church has acquired Parcel A; Lots 1-3, inclusive, Block 3, Section 2, Fleming Oaks; and Lots 1-5. inclusive, Bloch 2, Section 1, Fleming Oaks, through which property a sixteen foot public utility easement has been dedicated, and that the Church has inadvertently started construction on the property which straddles the public utility ease- meet, Er. Ring requesting that the said public utility easement be vacated. discontinued and abandoned. Mr. King presented a written instrument, signed by all the interested parties, providing for the abandonment of such easement, which he requested Council to approve. Mr. lebber moved to refer the matter to the City Manager and the City Attorney for study Of the need Of the easement and submission of their report and recommendation thereon. The motion was seconded by Mr. Anderson and adopted. · ATE~ DEPARTMENT: Dr. Cornell stated that through an oversight no funds were appropriated for lighting the pier area at Carvins Cove, which is needed in connection with the ext. ension of the hours during which fishing is permitted in the impoundment as approved by Council at its previous meeting, Br. Corm 11 offering the following emergency Ordinance appropriating $400.00 for this purpose: (x13545) AH ORDINANCE to amend and reordain Section m144, 'Departmental Equipment and Improvements", of the 1950 Appropriation Ordinance, and providing (For full text of Ordinance, see Ordinance Book No. 23. Page 238 Dr. Cornelluoved:the adoption of the Ordinance. ~'The.notioo uno seconded by Mr. Dillord and,adopted by.the following ~otez. AYESt C~oocll lambers Anderson, Coroell, Dillard, Pickett, Mebber, ood the President. Hr. Mbeeler ............ 6. NAYS: None ................... O. (Mr. Young absent) LEGISLATION*SCHOOLS~ Mr. Mebber stated that Council in Joly, 1950~ referred to the City Planning Commission for stndy and recommendation the question of a site for the proposed Roanoke Technical lnstitote and that be has been advised by Councilman Yonng, who is absent from the meeting today, that other localities are interested in securing the Technical Institute if the City of Roanoke does not propose to furnish a site therefor. Mr. Mebber moving to request the City Planning Commission to submit its report to Council as soon os is possible. The motion was seconded by Mr. Dillard and adopted. ELECTIONS: Mr. Dillard stated that in his opinion the present system of voting in the City of Roanoke could be improved considerably by the installa- tion of voting machines and at the Same tine eliminate long hours of service required by judges and clerks of election in counting votes after the polls have closed, Mr. Dillard moving to direct the City Clerk to secure cost estimates covering the voting machines from various manufacturers, obtain from 'the Electoral Board their views with reference to the use thereof, and submit a report thereon to Council. The motion was seconded by Dr. Cornell and adopted. APPOINTMENTS-CITY PLANNING COMMISSION: The City Clerk reported the qualification of Mr. Joseph D. Lawrence as a member of the City'Planning Commis- sion to fill the unexpired term of Mr. B. F. Parrott. which term will expire December 31, 1958. The report was ordered filed. There being no further business, Council adjourned. APPROYED President COUNCIL, REGULAR MEETING, Monday, November 17, 1950, The Council of the City of Roanoke met in regular meeting la the Council Cbamber in the Municipal Building, Monday, November 17, 1950. at 2:00 o'clock, p. m,, the regular meeting hour, uith the President, Mr. Mheeler, presiding. PRESENTZ Council members Anderson. Cornell, Dillard, Pickett. Mebber, Young, and the President, Mr. Nheeler ............. ABSENT~ None .............................O. OFFICERS PRESENTs Mr. Arthur S. Owens, City Manager. Mr. James Klncanon, Assistant City Attorney, Mr. Harry R. Yates. City Auditor. and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meetin9 mas opened mlth a prayer by the Reverend Lewis F. Orenshire, Executive Director, Goodmill Industry and Gospel Mission. MINUTES: Copy of the minutes of the regular meeting held on Monday. November 10. 195H, having been furnished each member of Council. upon motion of Mrs. Pickett, seconded by Dr. Cornell and adopted, the reading mas dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council at its meeting of October 20. Ig58. having set a public hearing for 2:00 o'clock, p. m.. November 17. lgSa. in the Council Chamber, on the request Of Rr. LewJsM, Mills that his property located on the south side of RelroseAvenue, N. M.. east of Van Durm Street. described as Lots 1-4. inclusive, Block 26. Mashington Club Land Company, be reaoned from Special Residence District to Business District, and notice of said hearing havin9 been published in The Roanoke Morld-News on October 31.1950. and the City Planning Commission having previously recommended that the request be denied, the hearing was held at which,no one appeared in opposition. Mt. Earl A. Fitzpatrick, Attorney for the petitioner~ appeared and stated that the property of his client is located in an area almost completely surrounded by business properties, that the objection of the City Planning Commission was based upon a statement that there are available, for business purposes, other propertiesin, the neighborhood already zoned for business, consequently, in its opinion, no additional business property is needed in the area at this time. Mr. Fitzpatrick,expressingthe opinion that this is'no legitimate reason for denying the use of the property of:his client for businesspurposes;since the entire area across the street and adjacent-to said property has evidently been committed to business use and requesting that Council grant the petition.of his client. . Mr. Dillard moved to direct Mr. Fitzpatrick to prepare a proper Ordinance providing for the rezoning as requested, present it to the City Attorney. for his approval and submit it to the City Clerk for inclusion onthe agenda for the next regular meeting of-Council.~ The motion wasseconded by Dr. Cornell and adopted. PETITIONS AND.COMMUNICATIONS: 239 240 STREET LIGHTS: The City Clerk presented u communication from the Appalachian Power Company, reporting the installation of nine 2500 lumen over- head Incandescent street lights la the City of Roanoke during the month of October. 1950. The Communication mas ordered filed. STATE fllGfl#A~S; The City Clerk presented a communication from #r. Speck, 2506 Brundon Avenue. S. ~.. opposing the proposed location of the extension of the spur from U. S. Route Ol into the City from Orange Avenue, N. E,, to Elm Avenue, S. E., and requesting that consideration be given to running the spur either through the extreme southeast or southwest section;of the city. The communication mas ordered filed. RUSESI The City Clerk presented a communication from the Safety Motor Transit Company, requesting that its contract mith the City of Roanoke dated August 1, 1951, be emended to eliminate the franchise tax of tmo per cent on gross income and to increase the school fares from seven and one-half cents to ten cents each, pointing out that the company had e net operating profit for the period January 1, 1950, to September 30, 1950, of $11.65T.00, that after putting into effect a long overdue and deserved increase to its employees, mhich will amount to $25,000.00 per annum, the company is now operating at n loss, that tho company, based on its experience this year. will haul approximately one million less passengers than in 1957, which passenger loss is at.the same percentage ratio as that experienced nationally by other bus companies, that the company has made operating economies Which have reduced its expenses considerably, but that it must constantly strive to gear its service to the demand, that the company has considered other possibilities, such as increasing other fares and eliminating weekly passes, but that it does not believe those actions would relieve the company of its financial troubles, and that based on the approximately $560,000.00 total assets of the company e fair return of six per cent would be $~0,000.00, prior to taxes, whereas, the changes in its contract, as presently requested, would produce only $41,500.00, which is considerably less then a fair return. Mr. Leonard G. Muse, Attorney for the Safety Motor Transit Company, appeared before Council and stated that the company simply cannot continue to operate at a loss, but because of its desire to continue operations, is willing to do so, at least in the near future, at a much less than six per cent return. Dr. Cornell moved to hold a public hearing at 2:00 o'clock, p. one-half cents to ten cents each. The motion was seconded by Mr. Dillard end adopted. Mr. Young stated that Council has previously considered placing n tax on bus companies operating in the city in opposition to the Safety Motor Transit Company and at one time passed an Ordinance, mhich it subsequently rescinded, providing for such a tax, Mr. Young advising that he does not consider it fair 241 t o permi~otber bus lines.to operate in the city in competition mith the local bus company mithout paying some taxi, noting that the Safety Hotmr Transit. Company bsa leased screFalof its lntercitF lines to the Peodleton Dna Company.- · #r.'Andersoo moved to direct theCity Attorney to advise Council on the legality of placing a tax on.bus companies and bus lfnea,operatfagintercity mbo pick up and, discharge passengers within the cityother than those passengers hauled lotercity, except for interstate bas companies. The motion'was seconded by Mr. Youngand, adopted. REPORTS OF OFFICERS: TAXES*SCHOOLS: The City Manager reported that it. will be necessary to revise the city's tax rate from $2.?0 to $2.70 to provide additional revenue necessary to liquidate school bonds recently issued and recommended the adoption of an Ordinance providing for the said increase. Mr. Dillard moved to table the matter until the final 1959 assessed values on real estate are available. The motion mas seconded by Dr. Cornell. · · Mr. ~ebber offered n substitute motion that Council concur in the recomo mendation Of the City Manager and that the following Ordinance be placedupon its first reading: ~ (~13546) AN ORDINANCE, to amend and reordnin Section I of Chapter I Of Title VI Of The Code Of the~City of~Roanoke,*1956, establishing therate, of and levying an. annual, tax upon all real estateand improvements thereon, uponall Items,of household tangible personal property enumerated in Section 56-629 (10), (11) and (12) of the 1950 Code of Virginia, upon all machinery and tools, tangible~personal propertyenumerated inlsection 50-629 (9), (10)~,(11) and (12j of the Code of Virginia, 1~50. upon. all machinery and tools, including machinery 242 and tools used in manufacturing and mining businesses, upon personal property of public service corporations except rolling stock of corporations operstlng rail- roads by steam, and upon all other tnngible personal property in the city, not exempt from taxation by lam, n tax of $2.?8 aa every one hundred dollars of assessed value thereof, to provide revenue for the support of the city government, the payment of principal end interest upon the city debt, the support of a public library, the payment of pensions to Confederate soldiers, sailors and marines and their midoms, for school purposes and for other municipal expenses and purposes. The substitute motion mas seconded by Mr. Young end adopted by the following vote: AYES: Council members Anderson, Pickett. ~ebber, Young, and the President Mr. ~heeler ............................................ 5. NAYS: Council members Cornell and Dillard ..... REPORTS OF COMMITTEES: ANNEXATION: The committee composed of Messrs. Arthur S. Omens,.Choirman, Randolph C. Nhittle and Harry R. Yates, heretofore appointed to study the neces- sity for and expediency of annexing to the City of Roanoke certain areas adjacent thereto, submitted a report, advising that because of the nature of the business to be discussed in connection with its report and the possibility of subsequent litigation it is of the opinion that the best interests of all the citizens of the city will be served by Council hearing the committee in executive session. Mr. Young moved to table the report for one Meek. The motion was seconded by Mr. Anderson and adopted, Mr. Dillard voting no. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ~AYER DEPARTMENY: Ordinance No. 13544. providing for the release of certain water rights held by the City of Roanoke on property of Raddy C. and Evelyn F. Atkins. having previously been before Council for its first reading, read and laid over, was again before the body. Mrs. Pickett offering the lng for its second reading and final adoption: (z13544) AN ORDINANCE granting authority to the Mayor and the City Clerk, on behalf of the City of Roanoke, to execute a Release and Quitclaim to certain Mater rights now held by the City of Roanoke on a 9.2 acre tract of land owned by ~addy C. Atkins and Evelyn F. Atkins, designated as Official Yax NO. 4350605, in the City of Roanoke. (For full text of Ordinance, see Ordinance Book No, 23. Page 133.) Mrs. Pickett moved the adoption of the Ordinance. Yhe motion mas seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, Young. and the President, Mr. Mheeler .......... ?. NAYS: None ............................O. MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-CITY AUDITORt The City Auditor advised Council that he bas been offered by the American Viscose Corporation n National Cash Register Accounting Machine Of the same type used in his office for the preparation of payrolls at n price of $§00.00, mhich same machine he had been offered for $2,500,00 prior to the announcement of the closing of the local Viscose plant, the City Auditor stating that since the machine in use in his office for preparation Of payrolls is about nine years old and subject to being out of service for several days at a time for needed repairs be would like to purchase the American Viscose machine as a standby in his department. The City Manager recommended that Council grant the request of the City Auditor and appropriate the necessary funds. Mr. Dillard moved to concur in the recommendation Of the City Manager and offered the following emergency Ordinance: (u13547) AN ORDINANCE to amend and reordain Section ~144, 'Departmental Equipment and Improvements,' of the 1950 Appropriation Ordinance, and providing (For full text of Ordinance. nee Ordinance Book No. 23, Page 134.) Hr. Dillard moved the adoption of the Ordinance, The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Mheeler .......... NAYS: None ............................O. There being no further business. Council adjourned. APPROVED AT'~EST:  ~sident 243 ~244 COUNCIL. REGULAR MEETINg, · Monday, November 24. 1958. The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Building. Monday, November 24, 1950, at 2:00 o'clock, p. m.. the regular meeting hour, with the President, Mr. Mheeler, presiding. PRESENT: Council members Anderson, Coraell, Dillard, Pickett, Mebber. Young, and the President, Mr. ~heeler .... ?, ABSENT: None ....................O, OFFICERS PRESENT: Hr. Arthur S. Owens, City Manager, Hr. Randolph G. Mbittle, City Attorney. Mr. Harry R. Votes. City Auditor. and Mr. J. Robert Thomas. City Clerh. INVOCATION: The meeting was opened mlth a prayer by the Reverend H. R. Lipscomb. Jr.. Pastor. Raleigh Court Methodist Church. MINUTES: Copy Of the minutes of the regular meeting held on Monday, November IT, 1950, having been furnished each member of Council, upon motion of Hr. Young. seconded by Dr. Cornell and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC J~TTERS: NONE. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a petition frog sixteen residents of Maiden Lane. S. ~., requesting that the street between 2412 Maiden Lane and the intersection of Edgewood Street be paved. Mr. Dillard moved that Council refer the petition to the City Manager for consideration along mith the 1959 budget. The motion was seconded by Mr. Young and adopted. SIGNS: The City Clerk presented a communication from the Shell Oil' Company, requesting permission to construct o canopy over the area between the present street line and the setback line in front of its property locuted at 3151 ~illiamson Road, N. M.. for a distance Of twelve feet and three inches, in connection mith improvements to its filling station located on said property. Mr. Dillard moved to direct the City Attorney to prepare a proper Resolution providing for the permission requested. The motion was seconded by Dr. Cornell and adopted. SLUR CLEARANCE: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority. requesting that Council grant its approval for the Authority to file applications with the Federal Covernment for an advance of surveying and planning funds under Title I of the Housing Act of 1949, as amended, and the Housing Act of 1954 for the purpose of studying two additional areas adjacent to the Commonwealth Redevelopment Project and preparing a general neighborhood redevelopment plan for the entire area, the said new areas being Industrial Park Area. lying betmeen the Commonwealth Redevelopment Project and the Norfolk and [estern Railway lines and extending northward to 245 Short Avenue. N, E., containing approximately ISO acres, for which an advance of S~6,OO0,OO would be requested, and the Gainsboro Neighborhood Study Area. lying to tbs west of tbs Commonwealth Redevelopment ProJect and extending westward to Eighth Street, N. #., ned from the Norfolk and Restern Railway lines on the south to Carver Avenue on the north, containing approximately 295 acres, for which $30,000.00 would be requested in study funds. Dr. George B. Lawson appeared before Council ia opposition to the request and stated that he believes the Cowmonwealth Redevelopment Project has been a failure; that. in his opinion, such projects are werely legalized landgrabs which displace people from their homes; and that no extension of redevelopment activ- ities should be authorized by Council unless and until the property in the redevelopment project has been restored to the original owners who wisb to acquire the land, none of which has been done as of this date. Dr, L, E, Paxton also appeared in opposition and offered the same sugges- tions as those offered by Dr. Lawson, Dr, Paxton advising that the average negro resident of the Commonwealth Redevelopment Project has received about $4,000,00 for his property in the said project; that those who were forced to buy elsewhere have found it necessary to pay a minimum of $10,O00,00 for new homes and are now in debt; and that those who wish to repurchase their property in the project area are unable to get deeds for their property from the Housing Authority, Dr. Paxton stating that the expansion of the redevelopment area as proposed by the Authority would completely dislocate oil negro business ia the city in addition to forcing a large portion of the negro residents to find new homes. Mr. Tom Stockton Fox, Attorney for the Roanoke Redevelopment and Housing Authority, in response to a question from Council, advised that, while it is true that the Authority hasnot been able to grant deeds for repurchase of pro- perty in the project area, .the delay has been OCCasioned by changes in the original plan for the development project, the relocation Of certain streets, primarily [illiamson Road, and the unsettled condition concerning the locution of the spur from U. S. Route Ol into the city, Mr. Fox stating that the Authority is anxious to clear the area up and sell the property and will do so as soon as thes~ matters are cleared up byCouncJl. Mrs, Erminie Ko Nrightappeared before Council in opposition to the. request of the Housing Authority and stated that, in her opinion, the entire progrumof the Housing Agency is socialistic, tending toward Federal con~rol in lo~al matters, Federal seizure of property~ reduction of local taxes on said property~thereby:increasing the.burden of taxation on the remaining property in the community, and forcing the relocation of home owners against their will. Mr, J~.R. Boswell also appeared in opposition to the request of the Authority, generally supporting the statements made by other, opponents, Dr, Cornell meted to table'themtter until the location of the spur from U. S, Route.Bl.into the.city.has been decided upon, There.being no second~ the mottonwas lost. 246 Hr. ~ebber them offered u notion to direct the City Attorney to prepare the proper Resolutions approving the request or the Rousing Authority for sub- missiou to Council ni Its next regnlar =eating. The motion was aeconded by Mrs. Pickett and adopted. DF. Cornell voting no. REPORTS OF OFFICERS~ EASERENTS~ Council at frs meeting of November In. 1q58. having referred to the City Homager, the City Attorney and the City Planning Commission for study and recommendation the request of Preston Oaks Baptist Church, et al** that a public utility easement, lying betmeen Lots 1-5. inclusive, Block 2. Section 1, Fleming Oaks; ~ots 1-3, inclusive, Block 3. S~ctJon 2, Fleming Oaks; and Parcel #A". Section 4, Fleming Oaks. be vacated, discontinued and closed, the City Homager and the City Attorney reported that to the best of their knowledge and belief there is no need for the easement and that it contains no sewers, water drains Or other utilities and recommended that Council grant the request of the petitioners. The City Planning Commission advised that, in its opinion, vacating the easement will not be contrary to the public interest; and. considering the fact that no utilities exist in the said easement, the Commission recommended that the request of the petitioners be granted. Mrs. Pickett noted that the following Ordinance be placed upon its first reading: (#13540) AN ORDXNANCE providing for the permanent vacating, discontinuin9 and abandonment of a certain 16-£oot wide public utility easement extending between Crlttendon Avenue. N. E.. and Preston Avenue. N. E.. from Oakland Boulevard easterly to the east boundary lines of Lot 3o Block 3. Section 2. Fleming Oaks. and Lot 5. Block 2, Section 1. Fleming Oaks, according to the plat of survey thereof of record in the Office of the Clerk of the Hustin~ Court of the City of Roanoke. Virginia. · HEREAS. the Preston Oaks Baptist Church of Roanoke. Virginia. acting by and through its duly designated Trustees; Annie D. Boss, ~idow; RD Douglas Nlninger and Ruth ~, Nininger. husband and wife~ and Appalachian Pomer Company (formerly Appalachian Electric Power Company) have proposed that a 16-foot aide public utility easement located on the dividing line between Lots 1, 2, 3. 4 and 5. Block 2. Section 1. Fleming Oaks. Lots l, 2 and 3. Block 3, Section 2. Fleming Oaks, and Parcel #A~ according to the Rap of Section 4. Fleming Oaks. be permanently vacated, discontinued and abandoned, and have submitted to the Council of the City of Roanoke an Instrument in wrlting dated the 13th day of October, 1950. agreeing thereto; and · HEREAS. the said Preston Oaks Baptist Church. Annie D. Ross, widow, R. Douglas Nininger and Ruth M. Nininger, husband and wife, are the only owners nhose property abuts upon the said easement proposed to be pernanently vacated, discontinued and abandoned and are the only owners, together with Appalachian Porter Company (formerly Appalachian Electric Power Company) specifically e_ designated as the.beneficiary of such easemen~ who have any rights or privileges therein as.defined la Title 1S, Section 766.3,: of the Code of ¥1rginio of lg$O, os amended to date; and ~HEREAS, this Council, after considering the evidence submitted, is the opinion that vacatJeg, discontinuing and abandonleg said easement will not abridge or destroy any of the rights or privileges of other owners of property within the bounds of the area of land hereinabove described, nor will such abandonment abridge the rights of the public, in general., and Council is, there- fore, of the opinion that the City should approve said abandonment. THEREFOREe BE IY ORDAINED by the Councilor the City of.Roanoke that the aforesaid mritten instrument dated the 13th day of October, 1955. agreeing and consenting to the abandonment of the aforesaid easement, be., and the same is hereby approved by this Council as provided by the statute above-mentioned, pro- vided,* however, that the aforesaid consent shall not in any wise affect or impair the Cityes right to any easement for any existing public semer line. water line, drain or.other public improvement presently installed in said portion of said easement. BE IT FURTHER ORDAINED that a certified copy of this Ordinance be delivered by the City Clerk to the Clerk ofthe'DnstingsCourt of the City of Roanoke. Virginia, and to the City Engineer of the City of Roanoke. Virginia, and that the said Cloth of tho Dustings Court and the said City Engineer make appropriate notation of the abandonment, discontinuance and closing as herein approved, and that. said instrument dated, the 13th day of October, 1950. be recorded contemporaneously mJth:the recordation of the copy of this Ordinance in the Clerk*s Office of the Hustings Court of the City of Roanoke, Virginia, and that all recordings, and.other costs be borne by the petitioners. The motion was. secondedby Hr.'Dillard and-adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Fickett~ Mebber, Young, and thePresident, Mr. ~heeler ........ NAYS: None ...................O. BRIDGES-STORM DRAINS: The City Manager reported that~ in connection with the construction Of the Liberty Road - Rundy Road Underpass under the Horfolk and ~estern Railway,lines. it is necessary to secure a perpetual easement for storm-drains:and sanitary sewers across,Lot 4~,Section 4. Liberty Land Company, and that~the Rainbo Bread Company.of Roanohe,,owner of, said property, has'agreed to grant-such-aaeasement,for, a nominal consideration of $1.00 providedthat the City wlllconflect its-present sewer and st6rmdrainllfles to the new sewer and storm drains:when constructed, the City Managerrecommendtngacceptance of the offer. Mr.,*Ybnng offeied the followingemergency Ordinance: (s1354g) AN ORDINANCE:providing for the.acquisition of a perpetual ease- ment for~a storm~drainand-sanitary~sewer, right of way adjacent to Whlteside Street, N. E.~' from Raiobo Dread Company of Roanoke. upon certainterns and con- ditions; and providing for an emergency. 247 248 (For fall tent of Ordinance,, see Ordinance Book No. 23. Page 135.) Mr. Young noted the adoption of the Ordinance. The notion mas seconded by Dr. Cornell end adopted bF the fol/omfag rote; AYES; Council members Anderson. Coraell. Dillard. Pickett. Mebber. Young. and the Presideot. Br. Mheeler .......... NAYS; None ............................O. STREETS Ah~ ALLEYS: The City Manager reported that Johnson-Carper Furniture Company. Incorporated. has offered to convey to the city a parcel of land containing 530 square feet. more or less. from the corner of Its property. being Lot 11, Block 2. Riley Heights, for the purpose of rounding the corner of Daleton Street and Riley Boulevard, N. E.. and that the said Company will file mitb the city a request for closing a portion of Daleton Street and Riley Boulevard. H. E.. at their intersection on the opposite side of the street which will no longer be required for street purposes, the City Manager advising that such action would be merely re-establishing the street lines to conform to the present street as located on the ground and. In his opinion, should be accomplished and recommending that Council accept the offer of Johnson-Carper Furniture Manager and offered the following emergency Ordinance: (nlSSSO) AN ORDINANCE authorizing and directing the acquisition of AYES: Council members Anderson. Cornell. Dillard, Pickett. Webber. HAYS: None ............................ lng 1~07 square feet, be vacated, discontinued and closed, along mith a report po m.. December 0. 1950, in the Council Chamber in the Municipal Building, and #r. Anderson offered the folloming Resolution nnd e substitute motion for its ndoption~ SA RESOLUTION approving nod consenting to the permanent vacating. discontinuance nnd. cloning of a portion of the intersection of Daleton Street and Riley Boulevard. N. £** in the City of Roanoke. Virginia. as~snid intersection is shown on the Map of Riley Heights. of record in the Clerk*s Office of the Circuit Court of Roanoke County. Virginia. lo Plat Boob 1.. page 314. pursuant to the provisions of Section 15-766.1 of the Code of Virginia. 1950. WHEREAS. Johnson-Carper Furniture Company. Incorporated. as sole abutting landowner, has requested Council to consent to perman- ently vacating, discontinuing and closing the hereinafter described portion of the intersection of Daleton Street and Riley Boulevard. N. E.. and has presented to the ConncJla written instrument. dated the 13th day of November. 1958. vacating that portion of the said street intersection as is hereinafter described, mhich said instrument was signed and acknomledged by Johnson-Carper Furniture Company. Incorporated. in accordance mith the provisions of Section 15~766.1 of the Code of Virginia. i950. as amended, and which recites that the said Johnson-Carper Furniture Company. Incorporated. is the sole property owner abutting on the portion of the streets to be vacated; and WHEREAS. said landowner has offered to convey certain other land to the City of Roanoke for the purpose of altering the present intersection of said streets so as to eliminate the present right angle intersection thereof; and ~H£R£AS. the portion of the streets sought to be vacated is no longer necessary or useful for street· purposes and is not neces- sary for ingress and egress to the property of any other persons. and the vacating, discontinuance and closing of the same will not abridge or destroy the rights or privileges of other property owners within the bounds of the area of land shown on the afore- said Map of Riley Heights; and ~HEREAS. the City Planning Commission. to whom the proposal has heretofore been presented, has recommended in writing to the Council that consent should be given to the vacating, closing · and discontinuance of that portion of said streets as is. herein- after described in accordance with the request of the aforesaid landowner; and MNEREAS. there are presently no'public water lines.'sewerlines. drains or other public improvements located within that portion · of the streets proposed to be vacated. THEREFORE. BE IT. RESOLVED by-the Council of the City of-Roanoke that the said Conncil hereby approves the instrument Of November 15.*195~., executed by Johnson-Carper Furniture Company..Incorpora- ted. and consents to the permanent vacating, discontinuing and closing of that portion Of the intersection of Daleton Street and Riley Boulevard. N. B.. in said City. as shown on the aforesaid Hap~of'RileyNetghts,,bounded and, described as follows: · BEGINNING at *A* on,the mast side Of Riley Boulevard. N. E.; thence, with a new street line and with a curve to the right whose radius is 91.75 feet. an arc distance of 144.12 feet. to #D# on the north side of Daleton Street; thence., with the original · northerly street line of Daleton Street. S. 46° 25' · . 91.75 feet to the original westerly street line of Riley Boulevard; thence, with the latter. S. 43° 34' E. 91.75 feet to the BEGINNING. as shown on a plat of survey attached to and made n part of the aforesaid instrument dated November 13. BE IT FURTHER RESOLVED that all right~ title .and interest of the City of Roanoke and of the public is hereby released in and to the aforesaid portion of Daleton Street and Riley Boulevard. N. E.. insofar as the Council by law is empowered so to do. BE IT FURTNER RESOLVED that the clerk of this Council deliver to the.Clerks of'the.Bustings Court for the City of. Roanoke. Virginia. and of the Circuit Court of Roanoke County. Virginia. attested 'copiesof this resolution ii order that said clerhs may record the instrument dated November 13. 1955. and that the said clerks may make proper notation on all maps and plats recorded in their Offites upon which are shown that'.portion of thenforesaid streets herei~ permanently vacated, discontinued and closed. 249 250 HE XT FURTHER RESOLVED that the City Engineer be. and he la hereby, directed upon the recordation or tho aforesaid In- strument and this resolution in the Clerk's Office of the Hustings Court for the City of Roanoke to mark 'permanently vacated, discontinued and closedu on the herelnabove described portion of Daletou Street and Riley Boulevard. N. E.. on all maps and plats on rile in his office on which said streets are shown, referring .to,Aha book and page or Resolutions and Ordinances of the Council of the City of Roanoke wherein this resolution shal. l be ~prend." The motion was seconded by Mrs. Pickett and defeated by the following AYES:;Couucll members Anderson and Pickett ......... 2. NAYS: Council members Cornell. Dillard. Robber. Young. and the President. Hr. Mheeler ......................... 5. The motion of Mr. Robber to hold a public hearing was then adopted. BUDGET: The City Manager reported that there are thirteen accounts In the municipal budget which need revision and appropriations for the remainder or the year and requested that Council amend the budget to provide therefor. Mr. Young moved that Council concur in the recommendation or the City Ranager and offered the following emergency Ordinance: (Wl3SSl) AN ORDINANCE to amend and reordain certain sections of the 19SC Appropriation Ordinance+ and providing for an emergency. (For full text of Ordinance. see Ordinance Book 23, Page 130.) Br. Young moved the adoption of the Ordinance. The notion was seconded by Mrs. Pickett and adopted by the following rote: AYES: Council members Anderson, Cornell, Dillard. Pickett. Mebber, Young, and the President, Mr. Rheeler .......... ?. NAYS: None ............................O. SEHAGE DISPOSAL: The City Auditor reported that pursuant to the contract of October 16, 1953, between the Town of Salen and the City of Roanoke, dealing with the treatment of domestic and commercial wastes, representatives of the Town and the City have net and. under Paragraph Ill A of said contract, agreed upon the rate of $34.05 per million gallons of sewage treated thereunder for the next five-year period beginning October 1, 1958. Mr. Rebber mored to file the report. The motion was seconded by Mr. Young and adopted, Mr. Dillard voting no. REFORYS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ANNEXATION: Council at its meeting of November 17, 195B, having tabled for one week the interim report of the committee composed of Messrs. Arthur S. Owens, Chairman, Randolph G. Mhittle and Harry R. Yates, heretofore ap~ointed to study the necessity for and expediency of annexing to the City of Roanoke certain areas of Roanoke County adjacent thereto, and the committee having requested that Council meet with it in executive session, the matter was ag,in before the body. Mrs. Pickett moved that the Conncil members hold an informal conference with the members of the committee after the close of the regular session of Council. The motion was seconded by Mr. Young. Hr. Anderson offered a substitute motion to meet with the committee in an informal session and to discuss the reasons mhy it meets an executive session in the matter. There being co second, the motion of Hr. Andersen mss lost; mhereupono the motion of Hrs. Pickett was adopted by the following vote: AYES: Ceuncil members Anderson. Pickett. Young, and the President. Hr. Nbeeler ................. 4. NAYS: Council members Cornell. Dillard end Yebber MASTER PLAN: Council at its meeting of September 29. IgSD, havin9 requested the City Planning Commission to present a priority list of needed capital improvements in the city mhich might be accomplished in the next five years, the City Planning Commission submitted a report, advising that the Commis- sion has given the matter serious study and it has concluded that there are numerous projects mhJch are needed to serve the over-ali population of the city; but, realizing that the financial condition of the city treasury mill not permit undertaking all of them at one time, the Commission is submitting the folloming three catagories of projects listed in their order of priority mhich in its considered judgment are the paramount city needs: roads and bridges, public buildings and other public facilities. Mr. Mebber moved that Council take the matter under consideration and that each member of Council be requested to submit a consolidated list of the projects listed in the member's idea of their priority at its regular meeting of Jaeuary 5, lgSq. The motion was seconded by Dr. Cornell aed adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TAXES-SCHOOLS: Ordinance No. 13546. fixing the tax rate for the year 1959 at $2.78 to provide additional revenue necessary to liquidate school bonds recently issued, having previously been before Council for its first reading, read and laid over, was again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (x13546) AN ORDINANCE to amend and reordain Section I of Chapter I of Title VI of The Code of the City of Roanoke, 1956. establishing the rate of and levying an annual tax upon all real estate and improvements thereon, upon all items of household tangible personal property enumerated in Section 50-§29 (9). (10). (11) and (12) of the 1950 Code of Virginia. upon all machinery and tools, including machinery and tools used in manufacturing and mining businesses, upon the tangible personal property of public service corporations except rolling stoch of corporations operating railroads by steam, and upon all other tangible personal property in the City, not exempt from taxation by law. (For full text of Ordinance, see Ordinance Book No. 23, Page 134.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the folloming vote: AYES: Council members Andersen, Pickett, ~ebber. Young, and the President, Mr. Nheeler ......................... NAYS: Council members Cornell and Dillard ......2. 251 252 ZONING~ Council at Its meeting of November 17. 1950. having held a public hearing on the request of Hr. Lenin I. #ills that his property located on the south side or Relrose Avenue. N, ,.. east of Yan'Buren Street. be reached from Special Residence District to Business District. and having directed the prepara- tion of an Ordinance proriding for the requested rezonlng. Hr. Anderson moved that the following Ordinance be placed upon Its first reading: ('13552) AN ORDINANCE to amend and reenact Title IV. Chapter 4. Section 1. of The Code of the City of Roanoke. 1956. in relation to Zoning. ~HEREAS. application has been made to the Council of the City of Roanoke to have property located on the south side of Relrose Avenue. N. W.. east of Van D,ren Street. described us Lots 1. 2. 3 and 4. Block 26. Hashington Club Land Company. reaoued from Special Residence District to Business District; and WHEREAS. notice required by Title IV. Chapter 4. Section 43. of The Code of the City of Roanoke. IgS6. relating to Zoning. bas be~n published in #Yhe Roanoke Norld-News** a newspaper published in the City Of Roanoke. for the time required by said section; and RH£REAS. the hearing as provided for in said notice published in the said newspaper was held on the l?th day of November. 195~. at 2:00 o'clock. p. m.. before the Council of the City of Roanoke in the Council Chamber in the iunicipal Building. at which hearing property owners and other interested parties in the affected area were given an opportunity to he ~eard both for and against the proposed rezoniflg; and ~HEREAS. this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested, THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title XV. Chapter 4. Section 1. of The Code of the City of Roanoke. 1956. relatin! to Zoning. be amended and reenacted in the following particular and no other, viz. Property located on the south side of Melrose Avenue. N. W.. east of Van Ruren Street. described as Lots 1. 2. 3 and 4. Block 26. Washington Club Land Company. designated on Sheet 276 of the;Zoning Map as Official Tax Nos. 2761901, 2761902, 2761903 and 2761904, be, and is hereby, changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Dillard and adopted by the followin9 vote: AY£S: Council members Anderson, Cornell. Dillard. Pickett. [ebber, Young, and the President, Mr. ~heeler .......... NAYS: None ............................O. LOTIONS AND MISCELLANEOUS BUSINESS: POLICE DEPARTMENT-JOB CLASSIFICATION: Dr. Cornell stated that he has been advised by some members of the Police Department that police officers attending Court after duty hours are not receiving proper pay under the city's rules and regulations and requested that the CitI Ranager study the matter and submit a report thereon to Council. STATE HIGHWAYS: Dr. Cornell stated that there seems to be considerable opposition to the route of the proposed spur into the city from D, S. Route 81 253 and, since Council mas presented with only one plan covering one possible route for such spur, moved to direct the City Hsnsger to furnish Council with a map showing at least tmo possible alternate routes [or the spur from V. $. Route Ol into the city and, at the time of presentation of the said map. hare Mr. James H. Eeddle, Assistant Planning Engineer. present to Council his proposed plan rot n route coming into the city to the west. generally following Tenth Street, S. E. The motion was seconded by Mr. Dillard and adopted. There being no further business, Council adjourned. APPROVED 254 COUNCIL, REGULAR MEETING, Bondny, December 1, 1958. The Council of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Monday, December 1, 1950o at 2:00 o'clock, p. m**. the regular meeting hour, with the President, Hr. Mheeler, presiding. PRESENT; Council members AndeFscn, Cnrnell, Dillard, Pickett, Mebber. Young. and the President, Hr. Bheeler ABSENT: None ....................O. OFFICERS PRESENT: Rt. Arthur S. ewenso City Ranager. Rt. Randolph ~hittle. City Attorney, Rr. Rarry R. Yarns. Cit! Auditor, and Hr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend G. Paul Lottich. Pastor. Christ Lutheran Church. HEARING OF CITIZENS UPON PUBLIC BATTERS: SLUR CLEARANCE: Council at its meeting of November 24, 195B. havin9 directed the preparation of proper Resolutions for approval of the request of the City of Roanoke Redevelopment end Housing Authority to file applications for Federal funds to be used in undertaking studies and preparing plans for the redevelopment of two areas contiguous to the Commonwealth Redevelopment Project, and having agreed to hear interested citizens On the subject at its regular meeting of December 1. Igss, the matter was before the body. Mr. C. Fred Rangus, Chairman of the City Of Roanoke Redevelopment and Housing Authority. appeared before Council and advised that the funds the Authority plans to ask the Federal government to advance are for the purpose of study only and that no actual redevelopment would or could take place in either Of the areas because of approval of this request by Council, Mr. Mangus pointing out that after the preliminary studies are completed it will be necessary to come back to the body and present plans for such redevelopment projects as the studies indicate are desirable and that such plans will then require the approval of Council before any action can be taken thereunder. Mr. Mangus further pointed out that the delays in the Commonwealth Redevelopment Project will have been eliminated and the propertiesin the area made available for sale either to the prior owners or other persons before any such redevelopment plans can be developed for the additional areas under consid- eration. Appearing in opposition to the request were Dr. L. E. Paxton, ir. Robert C. Burrell, Mr. Reuben E. Lawson, the Reverend Frederick G. Sampson, thc Reverend Billiam N. Hunter and ir. E. S. Bromn, along with approximately 250 other negro citizens of the two areas proposed to be studied by the Housing Authority, the spokesmen for the group stating that the area in question is not a slum area and that it includes all of the older negro residences of the city as well as all of the negro business establishments and negro churches in the city. that many of the negro homes are good homes and the city has a Substandard Rousing Ordinance, which, if enforced. Mould eliminate the undesirable residences In the area, that based upon experience in the Commonwealth Redevelop- ment ProJect negro citizens will be unable to finance nam homes if they are forced to move from their present locations since the prices they mould receive for their present homes mould be hardly nave than sufficient to mshe down payments on hem homes, and that forcing their removal to new areas would cause conflict with the mhite residents in those hem areas. Mr. B. H, Rarden appeared before Council in opposition to the proposal of the Rousing Authority, stating that both races lost by relocation-of the negro people from the areas in mhlch they lived and that he and his neighbors in the Villa Heights areu have ulready suffered some decline in property values by reason of negroes being relocated from the Commonwealth Redevelopment Project to the Rugby area. that in his opinion the proposal of the Housing Authority, Jf carried through, mould canse further relocation of the negro populace into the far northwest section of the city. thereby causing a depreciation of the values of the property belonging to him und his neighbors who would be forced to sell und move out. that if Council approves the advance of Federal funds for study purposes such a rote carries with it a moral obligation to go forward wtth the redevelopment of the areas once the studies are completed, therefore, he is opposed to the approval of the request for au advance of study funds. Mr. Robert H. ~agner appeared before Council. supporting the remarks made by Mr. Harden and opposing the request of the Nousing Authority, Mr. Russell R. Henley, Executive Director of the City of Roanoke Redevelop- ment and Housing Authority. stated that the Gainsboro Neighborhood Study Area in which moat of the negro citizens live and in which their churches and businesses are located is not considered a clearance area in the preliminary thinking of the Housing Authority. but rather as a General Neighborhood Redevelopment Area. and that under such a plan the people, along with their churches and businesses, would be retained in the area, that the Authority, in its preliminary thinking, considers that redevelopment Of that area would take approximately ten years and would be accomplished in approximately nine different projects over that period of time, thus permitting, relocation within the area as projects are com- pleted and resulting in proper land use with adequate public utilities and streets amd very lihely housing more people. Mr. J. ~. Boswell, Chairman of the Public Affairs Committee of the Roanoke Real Estate Board, appeared before Council and advised that his commit- tee is opposed to the request ~ the Nousing'Authority, but that the Real Estate Board has not met since the request was presented to Council, Rt. Rosmell requesting that Council table the matter until the Real Estate Hoard and other interested groups within the clty have had an opportunity to study the proposal of the Rousing Authority and present their viems to the body. estimating that a delay of six weeks might be adequate for such purpose. .-255 '256 Hr. #ebber moved to table the matter ·ntil the regular meeting of January 12. 1959. The motion was seconded bY Hr, Yo·ng. Mr. Dlllord offered · substitute motion to deny the request of the City of Roanoke Redevelopment and Ho·sing Authority. The motion mas seconded by Dr. Corn·Il and lost by the following rote: AYES: Council members Corn·Il and Dillard ........2. NAYSx Council members Anderson, Pickett, Mebber. Young, and the President, Mr. Nheeler .................................... 5. The motion of Mr. Webber mas then adopted by the following vote: AYES: Council members Anderson. Pichett. Mebber, Young, and the President. Hr. Rheeler .................................... NAYS: Council members Cornell and Dillard ........2. DOSES: Council at its meeting of November 17, 1950, baying set a public hearing for 2:00 o'clock, p. m., December 1. 1950. on the request of the Safety Motor Transit Company that school fares on its buses be increased from seven and one-half cents to ten cents, and at the same time having tabled a request for the elimination of the franchise tax upon the operations of the said Company, the matter #as again before the body. Mr. Leonard C. Muse, Attorney for the petitioner, appeared before Council and advised that the arguments previously presented by the Company are valid ones, that the Company*s operations are now in the red and that remedial action is necessary to permit the Company to continue operating its bus lines in the city. No one appeared in opposition to the request. Mr. Young then offered the following Resolution: (x13553) A RESOLUYION conditionally amending paragraphs numbers (1) and (5) of a contract dated August 1, lqSl. between the City of Roanoke and the Roanoke Railway ~ Electric Company and Safety Motor Transit Corporation. to reduce the per centum of gross income payable to the City and to authorize an increase in fares. (For full text of Resolution, see Resolution Dook No. 23, Page 141.) Mr. Young moved the adoption of the Resolution. The motion mas seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Corn·Il, Pickett, Webber. Young, and the President. Mr. Mheeler ..................... NAYS: Mr. Dillard ..................... PETITIONS AND COR~UNICATIONS: WATER DEPARYRENT: The CdtI Clerk presented a communication from Dr. W. Alien Barker, requesting that Council give consideration to improvements to recreational facilities at the Careins Cove area, particularly the construction of a floating pier for docking boats on the lake. Mr. Young moved to refer the request to a committee composed of Dr. C. R. Cornell, Chairman, Mr. Roy L. Webber and Mr. Walter L. Young, and also to the City Manager, for consideration along uith their previous assignments in connec- tion mith the Cove area. The motion mas seconded by Mr. Dillard and adopted. REPORTS OF OFFICERS: CROSSOVERSt The City Manager presented O request of The Kroger Company for permission to miden three existing 25-foot sidemalk crossovers to 35 feet each ia front of its store at 2711 Franklin Road, S. #. Mr. #ebbeF moved to direct the City Attorney to prepare a Resolution granting the request. The motion was seconded by Mr. Dillard end adopted. TRAFFIC-CURB AND GUTTER-STREETS AND ALLEY5~ The City Manager presented an offer from Temple Emanuel to donate to the city a strip of land approximately seven feet mlde along itu property fronting on Persinger Road, S. ~** and a triangular plot of land at the intersection of PersJnger Road and Drambleton Avenue, S. M., for the purpose of widening the said street and rounding the corner at said intersection, said land containing approximately 5.000 square feet, provided the city mill widen the street and cut back the corner concerned and install curb and gutter along the front Of the Temple property, and. in addi- tion, lower the grade Of Persinger Road, the City Manager estimating the cost to be approximately $11,000.00 and stating that he cannot recommend that the offer be accepted since he does not believe it. to be in the interest of the public generally. Messrs. S. N. Nelch and E. M. Dickerson appeared before Council. advis- ing that theylive on Persinger. Road across fromthe site Of Temple £manuel. and opposed lowering'the grade of Persinger Road on the basis that it would be detrimental*to their properties which are already e~evated above the street to such an extent that use of their driveways is difficultaad to lower the grade of the street would increase the grade of their driveways to such on extent that their use would be impossible. Mr. Dillard moved to refer the matter to the CltyManager to.confer with representatives Of Temple Emanuel and work out,an alternate plan for relieving thetraffic condition without changing the grade of PersJnger Roadand to submit his recommendation thereon. The motion was seconded by Dr. Cornell and adopted. pOLICE DEPARTMENT-JOB CLASSIFICATION: Council at itsmeeting of November 24, 1056; having requested the City Manager to investigate and report on the quEstion'of whetheror not police officers arereceiving proper pay for court attendance in accordance with existing policy, the City Manager reported that police officers are receiving $2.00 per day for court attendance when it is necessary to attend'Conrtduring off-duty, hours; however~ they do not receive the $2.00~per~day'if they attend. Court,during duty hours and have to remain therein after their tourof duty hasended, the City Manager advising that this is in accordance with the established policy of Council. Mr. Anderson moved to accept and file the report. The motion was seconded by Mr. Young and adopted. LIBRARIES: The City Manager~presented a report~ advising that Mrs. Harry R~ Shumate has made an offer to exchange a lot owned by her fronting on the south'side of' FugateRoad.'N. E., east of~illiamsonRoad, connecting to city-owned property on the east side of Milliamson Road, N. E.~ south of Fugate Road, for property, owned by the city on the south side of Pioneer Road, N. R.. 257 east of Milllamson Road, ah!ch has been previously purchased as.a potential public library site, the City Manager advising that he cannot recommend accep- tance of the offer. Mr. Dillard moved to concur in the report of the City Manager and to deny the offer of Mrs. Shumate, The motion was seconded by Mr. Anderson and adopted. REPORTS~ The City Manager presented a report of the Department of Public Melfare for the month of October, 195B, and reported other departmental reports on file in his office. Mr. Dillard asked why the City Manager has discontinued furnishing members of council with copies of departmental reports, to mb!ch the City Manager replied that the action was taken at the direction of Council. Mr. Young moved to file the report of the City Manager and to direct the City Manager to contact each member of Council and determine which of them desires copies of departmental reports filed with him. and, thereafter, to fur- nish to such member, for his personal information, copies of said reports. The motion was seconded by Mr, Webber and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: STREETS AN~ ALLEYS: Council at its meeting of August 25, 1950, having referred to the. City Planning Commission for study and recommendation a request of Mr. Lee Keedich that an alley extending 06.947 feet from the south line of Bull!ti Avenue, S. N., in a southerly direction, parallel to and 133.93 feet westerly from Jefferson Street. and thence 04.05 feet in a westerly direction to a dead end, be vacated, discontinued and closed, and at the same time having appointed viewers to view the said alley and report thereon in accordance with law, the City Planning Commission submitted its report, advising that in its opinion there is no public need for the alley in question and recommending that the request of the petitioner be granted. The City Clerk also presented a report from the viemers, advising that they have viewed the alley in question and in their opinion no inconvenience would result from permanently vacating, discontinuing and closing the said alley either to the public or any individual and the same should be closed. Mr. Mebber moved to hold a public hearing on the question at 2:00 o'clock, p. m.. December 29. 1958, in the Council Chamber in the Municipal Building. and to direct the Attorney for the petitioner to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Dillard and adopted. CONSIDERATION OF CLAXMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENTS: Ordinance NO. 13540, providing for the permanent vacating, discontinuing and abandonment of a 16-foot wide public utility easement extend- ing through the property of the Preston Oaks Baptist Church, et al., having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Anderson offering the folloming for its second reading and final adoption; 8 (n13540) AR ORDINANCE providing for the permanent vacating, discontinuing and nbnndoonent of a certain 16-foot ulde public utility easement extending between Crittendon Avenue, N. R., and Preston Avenue, N. K., from Oakland Boulevard easterly to the east boundary lines of Lot 3, Block 3, Section 2, Fleming Oaks, and Lot 5, Block 2, Section 1o Fleming Oaks, according to the plat of survey thereof of record in tbe Office of the Clerk of the Hustings Court of the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 23, Page 139.) AYES~ Council members Anderson, Cornell. Dillard. Pickett. #ebber, NAYS: None ............................ O. 2, 3 and 4. Block 26, Mashington Club Land Company. from Special Residence (For full text of Ordinance. see Ordinance Book No. 23, Page 140.) AYES: Council members Anderson, Cornell, Dillard, Pickett, ~ebber, 259 260 the earth·asa section of the city co·sistl·g of approximately 135.000 square feet. in which it proposes to lestoil · conveyor system, that the Buildi·g Con- missioner, under Sectio· 400 of the flulldf·g Code. is requiring the Company to lestoil i·ter·al fire walls withi· the warehouse which would make It Impractical to use the co·veyor system it proposes to build i·to the warehouse, that the · ·tire warehouse will be protected by a sprinkler system and · fire wall will protect both the plant and the warehouse from each other, and thst since the entire pla·t is co·tal·ed within a large area of land and can·at damagn any adJace·t properties in case of fire. he is requesting that Cou·cil authorize issuance of a permit for the co·struction of the warehouse without the inter·al fire malls as required by the Building Code. Mr. Rebber moved to concur in the request and to direct the City Attar·ay to prepare the proper Resolution authorizin9 issuance of the required permit, The motion mas seconded by Rt. Dillard and adopted. LICENSE TAX CODE: Mr. Frank M. Rogers. Attorney for the American Viscose Corporation, appeared before Council, stating that while the Corporation is in the process of closing out its plant in Roanoke and has ceased manufacturin9 operations except for the manufacture of Filatex which approximated one-tenth of its gross products heretofore, it desires to continue the Filatex operation for three or four months into the year 1959o in which operation it employs approximately ninety people, that the Corporation is planning to sell the Filatex operation and hence desires to continue said operation until satisfactory arrange- ments for its transfer can be effected, therefore, the Corporation is requesting that Section ~4 of the City License Tax Code be amended to permit it to operate during the next year without payment of a manufacturers license tax as contem- plated by such section, but. rather, permit it to secure a license based upon the estimated value of the products to be manufactured during the year 1959, subject to appropriate adjustment upon the termination of the limited operat.ion. Dr. ~ornell moved to direct the City Attorney to prepare an Ordinance providing for the amendment requested. The motion was seconded by Mr. Dillard and adopted. There being no further business. Council adjourned. : APPROVED COUNCIL. REGULAR MEETING. Monday. December G, lgSU. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, December 8, 1950, at 2:00 o'clock, p. m., the regular meeting hour, with the President, Mr. Mheeler, presiding, PRESENT: Council members Anderson, Cornell, Dillard, Pickett, Mebher, Young. and the President, Mr. Mheeler .... 7. ABSENT: None--~ .................O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. J. N, £1ncanon, Assistant City Attorney, Mr. Harry R. Yates. City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend J. Landoe Maddex, Pastor, Villa Heights Baptist Church. MINUTES: Copies of the minutes of the regular meetings held on Monday, November 24, 1959, and Monday, December*l, 1950. having been furnished each member of Council. upon motion of Mrs. Pickett,' seconded by Mr. Anderson and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS BPON PUBLIC MATTERS: ZONING: Council at its meeting of November 10. 1950, having set a public hearing for 2:00 o'clock, p. m., December H, lgSU, in the Council Chamber, on the request of Andrews-Pitzer-Butler Fuel Oil Corporation that property located on the north side of Virginia Avenae, N. M., west of Comer Street, being Official Tax Nos. 2760100 and 2162501, be rezoned from General Residence District to Business. District,.and notice of said hearing having beenpublished in The Roanoke Norld-News on November 21, 195B, and the City Planning Commission having previousl~ recommended that the request be granted, the hearing was held at which no one appeared in opposition. Mr. fl. M. Moomam, Attorney for the petitioner, appeared before Council and requested that the body concur~in, the recommendation Of the City Planning Commission. Mr. Anderson moved that the following Ordinancebe placed upon its first reading: (a13555) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1. Of The Code of the City of Roanoke, 1956, in.relation to Zoning.* MDEREAS, application has been made, to the Councilor the City of Roanoke to,have property located on the north side of Virginia Avenue, N. ~., west of Comer Street; described as Lot 1, Block 3. Rest Park Land CompanyMap, being Official Tax Bo. 2?60105, and also the lot adjoining said Lot 1, Block 3, ~est Park Land Company Rap, which.is on the west.side of Lotl and has a frontage of approximately 41 feet and is 370.5 feet deep on one side and 314.26,feet deep on the other side, being Official Tax No. 2762501, rezoned from General Residence District to Business District; and 261 262 NHEREAS, the City Planning Commission has recommended that the above parcels of land be rezoned from General Residence District to Ruslness District es requested; end #REREAS, notice required by Title XV, Chapter d. Section 43, or The Code or the City of Roanoke, lgSGo relating to Zoning. has been published in #The Roanoke lovEd-News', a newspaper published fa the City of Roanoke. for the time required by said section; and MHEREASo the hearing ns provided for In said notice published in the said newspaper mas held on the Bth day of December. 1958, at 2~00 o°clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building. at which hearing property omners and other interested parties in the affected area were given an opportunity to be heard both for and against the pro- posed retorting; and WHEREAS+ this Council, after considering the evidence presented, is of the opinion that the above parcels of land should be rezoned as requeated. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title XV. Chapter 4. Section 1. of The Code of the City of Roanoke, 1956. relating to Zoning, be amended and reenacted in the following particular and no other, via.: Property located on the north side of Virginia Avenue, N. W.o west of Comer Street. described aa Lot 1. Block 3, West Park Land Company Rap, and also the lot adjoining said Lot 1, Block 3, West Park Land Company Map, which is on the west side of Lot I and has a frontage of approximately 41 feet and is 3?0.5 feet deep on one side and 314.26 feet deep on the other side. designated on Sheet 276 of the Zoning Map as Official Tax Nos. 2760108 and 2762501. be. and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, ~ebber, Young, and the President. Mr. Wheeler .......... NAYS: None ............................O. STREETS AND ALLEYS: Council at its meetin9 of November 24, 1958. having set a public hearing for 2:00 o'clock, p. m.. December B. 1958, in the Council Chamber. on the request of Johnson-Carper Furniture Company. Incorporated,: that a portion of Daleton Street and Riley Boulevard, N. E., at the intersection thereof, lying in the westerly corner of the said intersection, be vacated, dis- continued and closed, end notice of said hearing having been published in The Roanoke Morld-News on November 26, 1950, and the City Planning Commission having previously recommended that the request be granted, the hearing was held at mhich no one appeared in oppositioe. Mr. Sidney F. Parham, Jr., Attorney for the petitioner, appeared and requested that Council concur in the recommendation of the City Planning Commis- sion. Mr. Dillard then offered the following Resolution: (z13556) A RESOLUTION approving and consenting to the permanent vacating, discontinuance end closing of n portion of the intersection of Daleton Street nnd Riley Boulevard, N. E., in the City of Roanoke, Virginia, ss said intersection is shcmn on the Map of Riley Reights. of record in the Clerk*s office of the Circuit Court of Roanoke County. Virginia, in Plat Dook 1. page 314, pursuant to tam prorlsloas of Section IS-766.1 o[ tke Code of Virginia, 1950, as amended. (For full text of Resolution. zee Resolution Book NO. 23. Page 144.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Or. Cornoll and adopted by the following vote: AVES: Council members Anderson. Cornell, Dillard. Pickett. ~ebber, Young. and the President. Mr. Wheeler .......... 7. NAYS: None ............................O. PETITIONS AND COMMBNICATIONS: AIRPORT: The City Clerk presented a communication from the Roanoke Chambe! of Commerce, advising that its Airport Committee is apprehensive concerning the completion of certain improvements at the Roanoke Runicipal Airport and suggesting that Council find additional funds with which to match available Federal funds for the purpose of speeding up.the said work. Mr. Anderson moved to refer the communication to a committee composed of Messrs. Roy L. Nebber. Chairman. Arthur S. Owens and Harry R. Yates for study and recommendation. The motion was seconded by Dr. Cornell and adopted. AIRPORT: The City Clerk presented a communication from the Roanoke Chamber of Commerce, advising that 1959 will mark the thirtieth anniversary of the operation of the Roanoke Municipal Airport and that the Airport Committee of the Chamber of Commerce feels that the occasion should be commemorated by some sort of celebration. Mr. ~ebber moved to appoint a committee composed of Messrs. Arthur S. Owens, Chairman. Roy L. ~ebber, Marshall L. Harris. A. S. Rachal. Jr., R. E. Klemas and M..Clayton Lemon to prepare for and conduct a suitable celebration commemorating the thirtieth anniversary of the Roanoke Municipal Airport. The motion was seconded by Dr. Cornell and adopted. TRAFFIC: The City Clerk presented a communication from Liberty Sales Corporation, requesting that it be permitted to install boxes on the Streets for the purpose of collecting traffic.ticket fines and adivising that it will furnish, at its expense, all necessary materials and supplies in connection with the said installation on a trial basis for ninety days or six months and at the end of such trial period will remove the boxes from the streets if the city does not decide to keep them. Mr. M. Clay Connt~, President Of Liberty Sales Corporation. appeared before Council and stated that be bas previously made the offer to the City Manager but has been advised that the City Auditor would not approve the installation on a trial basS! from an accounting standpoint. Mr. Dillard moved to refer the matter to a committee composed of Rt. Arthur S. Owens, Chairman, Mr. Harry R. Yates and Judge Beverly T. Fitzpatrick for study and recommendation. The motion was seconded by Dr. Cornell and adopted. 263 264 STREET LIGHTS: The City Clerh presented a comaunlcstlon from the Appalachian Poser Company, reporting the Installation of eleven 2500 lumen street lights fa the city during the month of Wovenber, 1958. Hr. Anderson moved to file the report. The motion sas seconded by Dr. Cornell and adopted. ANNEXATION: The City Clerh presented a communication from Hrs. H, A Fnrros, residing at 3202 Fleetuood Avenue, in Roanoke County. requesting that the said area be nnnexed to the city. Or. Corneil moved to flle~the communication. The motion was seconded by Hr. Anderson and adopted. PURCHASE ~F PnOP~uTY-~T~a O£PAnTh~NT: The City Clerk presented a communication from Donald Dobbs and Company. offering to purchase from the City of R onnok e twenty-eight acres of a tsenty-nine acre tract of land osned by the city, located on Colonial Avenue, S. H., in GrandJn Court, at a price of $28,000.00, and advising that. if the Company can acquire the land in question, it proposes to subdivide said land for residential purposes. Dr. Corneil moved to refer the request to a committee composed of Mr. Arthur S. Owens. Chuir~on. Mrs. Mary C. Pickett, Hr. Randolph G. Mhlttle and Hr. Harry R. Yates for study and recommendation. The motion was seconded by Mr. Anderson and adopted. BUDGET-CITY TREASURER: The City Clerk presented a communication from the City Treasurer. requesting an.appropriation of $900.00 for extra help for the remainder Of the year and advising that the request is made because of an employee vacancy mhlch has existed for more than tmo months in his office. Mrs. Pichett moved to concur in the request and offered the folio#lng emergency Ordinance: (m13557} AN ORDINANCE to amend and reordain Section ze, *Treasurer." of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance,.see Ordinance Book 23, Page 145.) Mrs. Pickett moved the adoption Of the Ordinance. The motion Mas seconded by Mr. Anderson and adopted by the follosing vote; AYES: Council members Anderson. Cornell. Dillard, Plchett~ Hobber. Young, and the President, Mr. Mheeler ................. NAYS: None ............................O. ZONING: The City Clerk presented a communication from Mr. Tom Stockton Fox, Attorney for Mr. Charles C. Flora. et al** requesting that their property lying on the northerly side of Franklin Road. S. N., being Lots I through 7, inclusive, Block I, and Lots I through 3, inclusive, Block 2, Section 1, Beechwood Gardens, be rezoned from General Residence District to Business District Mrs. Pickett moved to refer the request to the City Planning Commission for study and recommendation. The motion us seconded by Mr. Anderson and adopted. STREETS AND ALLEYS: The City Clerk presented a request of Mr. John H. Kennett, Jr., Attorney for Orover L. Beasley and Gladys M. Beasley, that a certain alley lying betmeen Lots 2 and 4 Of the Nllliam F. Cenhetmer Map, located on Vellum Hountulu Road. S, E.. be vacated, discontinued and closed, Hr. Kenaett advising that the said alley has never been opened and does not appear upon the clty*s official maps. The City Clerk also presented a commnnicution from the City Planning Commission. adelsing that it has investigated the matter, and since the alley has never been officially opened and there are no public utilities located therein, the Commission ia of the opinion that there is no necessity tn retain the alley, consequently, the Commission recommended that the request be grunted. Rt. Webber moved to hold u public hearln9 on the request at 2:00 o'clock, p. m., Oecember 29, 1958, in the Council Chamber. and to direct the Attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and presont it to the City Clerk for publication. The motion was seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS= TRAFFIC-CURB AND GUnTER-STREET8 AND ALLEYS: The City Manager reported that he bas again met #ith representatives Of Temple Emanuel in an attempt to work OUt an alternate plan for improvements to Per$1nger Road, S. W., at its intersection sith 8rambleton Avenue, and that he has been advised by the representatives of Temple Emannel that the only solution to the problem Js for the city to accept the original offer of Temple Emannel to donate approximately S,O00 square feet of land to the city for street widening purposes on the basis that the city mould loser the grade of PersJnger Road, sides said Fond and improve the intersection of PersJnger Road and Brambleton Avenue, as sell as install curb and gutter at the expense of the city, consequently, the representatives of Temple Emanuel have requested that they be permitted to discuss the matter with Council, the City Manager statin9 that he still cannot recommend acceptance of.the offer. Mr. Harry L, Rosenbaum, Chairman of the Temple Emanuel Building Committee, appeared before Council. stating that in his opinion the estimate of $11,000.00 on the cost of performing the sork requested, furnished by the City Manager. excessive, and that in his opinion the lowering of the 9rnde on Persinger Road would not be detrimental to the value of properties lying on the other side thereof. Messrs. E. M. Oickerson, S. ~. gelch nad Charles E. Baker. ushers of property on Persinger Road. opposite the Temple Emanuel property, appeared.before Council and advised that any alteration to the grade of Persinger Roadshich would loser the said grade.at all would make itpractically impossible for them.to use their driveuays since their properties are now considerably elevated above the street and that they are unalterably opposed to losering the grade of Persinger Road. Rt. Webber moved to refer the matter back to the City Ranager to confer mith a~l interested persons und bring back a recommendation for improving the traffic conditions on Persinger Road and Brambleton Avenue sbich will be agreeable ~o the majority of those persons concerned. The motion mas seconded by Dillard and adopted. 265 266 STATE HIGHMAYS MITHIN CITY LIMITS:. The City Mnmnger reported that pursunnl to instructions of Council at its meeting of November 24, 1958, he has hsd prepared information concerning alternate routes for the proposed spur from U. S. Route 81 into the City of Roanoke and that Mr. J. B. Meddle, Assistant Planning Engineer, is present to present his propossl for extending the spur into the city. generally along Tenth Street, N. M** and Tenth Street, S. M. Mr. Meddle then presented his plan to Council, stating tbat in his opinion it mould be less costly to construct, mould enter into the heart of the city at approximately the population center, thus serving more people, end would generally improve property values lnnediately to the west of the central business district. The .City Engineer presented preliminary sketches showing possible alternat* routes entering the city from various angles to the north and extending into the business district, generally along Tenth Street, N. M., and Tenth Street, S. M.; Fifth Street. N. M., and Fifth Street, S. l.; and Second Street, S. E., stating, houever, that to prepare detailed studies and estimates for the cost of these alternate routes mould take a minimum of four months and that in his opinion such a delay ~ould carry a risk Of losing Federal funds for the extension of the spur from Orange Avenue, N. E., into the business district of the city, that ho feels the original plan as presented to Council for that extension more nearly meets the traffic desires an indicated by traffic studies and that in addition the Virginia Department of Highways has indicated its opposition to any plan other than that previously presented by him. Mr. Webber moved to direct the City Attorney to prepare a Resolution approving the.plan as prepared by the City Engineer for the extension of the proposed spur from O. S. Route §1 to Elm Avenue. S. E.. and requesting the Virginia Department of Highways and the Bureau of Public Roads to include the plan.and extension in the proposed spur construction. The motion mas seconded by Mr. Young and adopted, Coundl members Cornell and Dillard voting no. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager.presented a request Of the Judge of the Juvenile and Domestic Relations Court for an appropriation of $237.50 to provide for payment for services of the Substitute Jud.e'in that Court, advisin9 that $112.S0 has.already been committed for time served. Mr. Dillard moved to table the request until the next regular meeting of Council. The motion uas seconded by Dr. Cornell and adopted. STREET LIGHTS: The City Manager submitted a report, advising that due to increased traffic on Church Avenue, S. W., between Third Street and Fifth Street, it is his recommendation that seven 6000 lumen and one 21000 lumen street lights be installed and that one existing 6000 lumen and two existing RSO0 lumen street lights be removed on said street to provide better lighting thereon. Mr. Mebher moved to table the matter for presentation to Council again during .the next fiscal year. The motion was seconded by Dr. Cornell and adopted. GASOLINE: The City Manager reported that the Purchasing Agent~ has received bids for the city*s gasoline requirements for the calendar year 19Sg nad tbet thebids of the Pure Oil Company for furnishing gasoline at the City Garage at .1054 for regular gasoline and ,2124 for premium gasoline; the American 011 Company for furnishing gasoline at the Meter Oeparteent at ,1907 for regular gasoline; end the Gulf Oil Company for furnishing gasoline at the Fire Department at .2153 for premium gasoline, being the low bids,.the City Manager recommending acceptance of the lam bids. Mr. Webber moved to direct the City Attorney to prepare a Resolution providing for acceptance of the lan bids as recommended by the City Manager. The motion mos seconded by Dr. Cornell and adopted. ELECTIONS: The City Clerk reported that pursuant to the direction of Council at its meeting Of November 10..195§, he has acquired prices on voting machines, the lam price bela9 that of the Automatic Voting Machine Corporation in the amount Of $1,541.OO each, f.o.b. Jamestown. N. Y., that the machines can be rented at $1S0.O0 per year'per machine, f.o.b. Jamestown, N. Y.. the rental charge to he credited on any future purchase, and that the machines can be purchased with payment deferred over a period of ten years, the City Clerk advisin that the Electoral Board bas reported that it is in favor of installing voting machines in the city, however, it does not believe it wise to install the total number of machines needed at one time or to embark upon any permanent installation without e trial period, the Board suggesting that Council authorize the rental Of a minimum of seven Or e maximum of ten machines for trial in the city during the coming year. Mrs. Pichett moved to table the matter for consideration along uith the 1959 budget. The motion was seconded by Mr. Anderson and adopted. BUSES: Council at its meeting Of November !?, lgSS, having directed the City Attorney to advise the body as to the legality of taxing all bus lines~ operating across the city line and picking up and discharging the same passengers within the city, the City Attorney reported that in bis opinion the city has the legal right to impose O license tax upon such operations. Mr. Dillard moved to file the communication. The motion nas seconded by Mr. Webber and adopted. REPORTS OF COMMITTEES: SEWAGE DISPOSAL: Council at its meeting of November 3, 195fl, having referred to a committee composed of Messrs. Roy L. Webber. Chairman, Melter L. Young. Arthur S. Omens and Randolph G. Whittle for study and recommendation a request of the Town of Salem that the contract between the Town of Salem and the City of Roanoke, dated October 16, 1953. dealing mith the treatment Of domestic and commercial wastes, be amended by adding thereto an eight acre tract of land lying in the County of Roanoke approximately one-fourth mile west of the toun limits and south of Roanoke River. easterly from State Route 636. the committee submitted its report, recommending that the request be granted. 267 268 Hr. Webber moved to concur Jn the recommendation of the committee nnd offered the follomlng Resolution: (m135~8) A RESOLUTION amending the contract of October 16, 1953, betueen the City of Roanoke and the Toun of Salem dealing uith thc treatment ~f domestic and commercial uastc$. (For full text of Resolution, see Resolution Book No, 23, Page 146.) NC. Webber moved the adoption of the Resolution. 'The motion nas seconded by Hr. Anderson and adopted by the following vote: AYES: Council members Anderson, Pickett, Webber, Young, and the President Mr. Wheeler ......................... 5. NAYS: Council members Cornell and Dillard .....;---2. .. SEWAGE DISPOSAL: Council at its meeting of September 29, 19~8. havln? referred to a committee compose~ of Messrs. Roy L. Mebber, Chairman, Walter L. Young, Arthur S. Omens and Randolph C. MhJttle for study and recommendation a request of the Board of Supervisors of Roanoke County that the contract of September 28, 1954, between the City of-Roanoke and the County of Roanoke. dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an area approximating one and one-half acres, lying on the west side of U. Route 220 at Its intersection mith U. S. Route 119. the committee submitted Its report, recommending that the request be granted. Mr. Webber moved to concur in the recommendation of the committee and offered the following Resolution: (z13559) A RESOLUTION amending the contract of September 28, 1954. between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes. (For full text of Resolution. see Resolution Book No. 23, Pag~ 147.) Mr. Webber moved the adoption Of the Resolution. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Pickett. Webber, Young. and the President, Mr. Wheeler ................ 5. NAYS: Council members Cornell and Dillard .....2. SENACE DISP0SALt Council at its meeting of September 2q. 19SS,'having referred to a committee composed of Messrs. Roy L. Nebber, Chairman. Malter L. Young, Arthur S. Owens and Randolph C. Whittle for study and recommendation a request of the Board of Supervisors of Roanoke County thatthe contract of Septenbe 28. ~954. batsmen the City of Roanoke and the County of Roanoke. dealing uith the treatment of domestic and commercial mastes.'be amended by adding (hereto a tract of land containinR twelve acres lying on the east side of State Route 625. approxi- mately One mile north of Dershberger Road. the committee submitted *its report, recommending that the request be granted. Mr. Mebber moved to concur in the recommendation of the committee and offered the following Resolution: (s13560) A RESOLUTION amending the contract of September 2D. 1954. betmeea the City of Roanoke and the County of Roanoke, dealing with the treatment o[ domestic ood commercial mattes. (For fell text of Resolution, see Resolution BOOk NO. 23, Page 14fl.) Hr. Mebber moved the adoption of the Resolution. The motion was seconded by Hr. Young and adopted by the following vote: AYESs Council members Anderson. Pickett. Mebber. Young, end the President. Mr. Rheeler ................ 5. NAYS: Council members Cornell and Dillard ..... SE~fACH DISPOSAL: Council at its meetin9 of July 14, 1950. having refer- red to a committee composed of Messrs. Roy L. ~ebber, Chairman. ~alter L. Young. Arthur S. Owens and Randolph G. Mbittle for study and recommendation a request of the Board of Supervisors of Roanoke County that the contract of September 1954. between the City Of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial mustes, be nnended by adding thereto a 50.75 acre tract of land located on Curvins Creek and Route 601, north of the City of Roanoke, the committee submitted its report, recommend in9 that the request be granted, Rr. Mebber moved to concur in the recommendation of the committee and offered the following Resolution: (e13561) A RESOLUTION amending the contract of September 2B, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes. (For full text of Resolution, see Resolution Book No. 23, Page 150.) Br. Robber moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vot~: AYES: Council members Anderson, Pickett, ~ebber, Young, and the President ~r. ~heeler ........................... N&~S: Council members Cornell and Dillard .....2. U~FINISHED BUSINESS: SCHOOLS: Council at its meeting of July 14, 1958. having referred to the City Planning Commission for study and recommendation the question of a site for the location of the Roanoke Technical Institute, the City Planning Commission submitted its report, advising that after meeting with the Subcommittee of the V. P. I. Doard of Visitors and making o study of available municipally owned properties and privately owned properties the Commission unanimously recommends that a portion of the land knowfl as the #Barton" property, located on the south- east corner of Melrose Avenue and Twenty-ninth Street, N. N., be designated as the site for the proposed Roanoke Yecbnlcal Institute, the Commission informing Council that Mrs. Mo H. Rattan, owner Of the property, has. through her Attorney, Mr. John D. Cart. offered to give approximately ten acres Of the said tract for the site Of the proposed Institute as a memorial to hey late husband, a pioneer citizen mbo helped to develop Roanoke. the Commission pointing out that due to 269 '270 the topography of the Hutton site it may be necessary to ucquire additional land for future development of the Institute. the CotaJsslon concluding that it has received expressions of objection to location of tbs proposed Institute on the Shrine Hill property from property owners residing in the immediate neighborhood. however, it recommends the proposed Shrine Hill site as a second choice locution for the Institute. Mr. H. H. Harden presented to Council a petition signed by approximately two hnndred residents of the northmest area. requesting Council to postpone any action en the location of the Rounoke Technical Institute on the Hutton property until the people of that area have had an opportunity to qake a study of the matter. Hr. Hobber moved to refer the recommendation of the City Planning Cummins ia to the Subcommittee of the V. P. I. Hoard of Visitors dealing with the Roanoke Technical Institute for its study and recommendation. The motion was seconded by Dr. Cornell and adopted. ZONING: Council at its meeting of October 6. 19S0, having referred to the City Planning Commission for study and recommendation a request of Heatrice Leonard Cusler und Ethel Leonard that a 9.55 acre tract of land situate in the Riverdale Addition, abutting on Hennington Street. Mount Pleasant Houlevard und Hutrougb Road, S. E.. Official Tax Ho. 4250202. be rezoned from General Residence District to Light Industrial District, the City Planning Commission submitted its report, advising that in its opinion the land is more suitable for industrial purposes than residential purposes and the proposed use will nut change the general character of the neighborhood, the Commission. therefore, recommending that the request be granted. Mrs. Pickett moved to set a public hearing in the matter for 2:00 o'clock. p. m., January 5, lgSg, in the Council Chamber. and to direct the Attorney for the petitioners to prepare proper notice of said hearing, have it approved by . the City Attorney and present it to the City Clerk for publication. .The motion was seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF OROINANCES AND RESOLDTIONS: CROSSOVERS: Council at its meeting of December 1. 1958. having directed the preparation of a Resolution to provide for the widening of three crossovers into The Kroger Company store at 2711 Franklin Road, S. W., Mr. Anderson offered the following Resolution: (x13562) A RESOLUTION authorizing the Director of Public Moths to issue a permit to widen the three existing 25-foot sidewalk crossovers from Franklin Road into the property occupied by The Kroger Company at No. 2TII Franklin Road, (For full text of Resolution, see Resolution Book Ho. 23. Page 151.) Mr. Anderson moved the adoption of the Resolution. The motion was seconde, by Hr. Young and adopted by the following vote: .0 AYESz Council members Anderson, Cornell. ~illard. Pickett. Webber. Young. and the President. Mr. Wheeler .......... NAYS~ None ............................ BUILDING C-DEr Council at its ne,ting of O,camber 1. 1950. having direct- ed the preparation of the necessary Ordinance to p,mit Johnson-Carper Furniture Company. Incorporated. to construct a warehouse on its property without being required to construct the internal fire walls as provided for fn the flufldfng Code. Mr. Young offered the following emergency Ordinance: (m13363) AN ORDINANCE to amend Section 402.3. Area Modification of The Official Building Code of the City of Roanoke. 1956; and providing for an emergenCl (For full text of Ordinance. see Ordinance Book No. 23. Page 131.) Mr. Young n,red the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson. Corn,Il. Dillard. Pickett. Webber, Young. and the President. Mr. Wheeler ........ 7. NAYS; None ...................O. LICENSE TAX CODE: Council in one of its budget study sessions having directed the preparation of an Ordinance rep,alia9 the manufacturers license tax. Dr. Corn,Il offered the following emergency Ordinance: (~13564) AN ORDINANCE repealing Section 04. Manufacturers. processors. assemblers and industries of The License Tax Code of the .City of Roanoke. 1956; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23..Page 132.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Corn,Il, Dillard, Pickett, Nebber, Y,unO. and the President, Ur, Wheeler ........ 7. NAYS: None ...................O. MOTIONS AND MISCELLANEOUS BUSINESS: OFFICE HOURS: The Mayor pointed out that Christmas Day falls on Thursday this year and suggested that Council consider granting municipal employees a legal holiday on Friday, December 26, 1950. Dr. Corn. Il offered the following Resolution establishing Friday. December 26, 1938. as a legal holiday for municipal employees; (~13565) A RESOLUTION establishing Friday, December 26, as a legal holiday for the current year only. (For full text of Resolution, see Resolution Book No. 23, Page 132.) Dr, Cornell moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson. Corn,Il, Dillard. Pickett, Webber. Young, and the President, Mr. Wheeler ......... 7. NAYS: None ....................O. There being no farther business, Council adjourned. ............... President 272 COUNCIL, REGULAI MEETING, Monday, December IS. 1950. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, December 15, 1958, at 2:00 o'clock. p, m., the regular meeting hour. with the President, Mr, Mheeler. presiding, PRESENT; Cooncll members Anderson. Cornell. Dillard, Pickett. Webber. Young. and the President. Mr. Eheeler .... 7. ABSENT: None ....................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G, Mhittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by The Right Reverend Mllliam B. Marmion, Episcopal Bishop, Diocese of Southwestern Virginia. MINUTES: Copy of the minutes of the regular meeting held on Monday, December U, 195B. having been furnished each member of Council. upon ~otion of Dr. Cornell, seconded by Mr. Anderson and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: LICENSE TAX CODE: The City Clerk presented a communication from the Art Printing Company, Hammond Printing and Lithographing Morks, Roanoke Printing Company. Incorporated, and Eulters Printing and Manufacturing Company, requesting that Council repeal Section 94 of the License Tax Code, imposing a levy of ll~ per $100.00 on job printers, the petitioners advising that in their opinion printers are in the same classification as manufacturers and that at .least one competitive local printin9 establishmmt has been taxed on its entire volume as a manufacturer, the petitioners pointing out that Council bas receutl.y repealed the manufacturers tax. Mr. Young moved to table the matter for consideration along with tho 1959 budget. The motion was Seconded by Mr. Webber and adopted. EASEMENTS-SE~ERS: The City Clerk presented a communication from Messrs. No M. Woodson and G, M. Peters, requesting that Council grant permission for the connection of a sewer line from Glenavon Subdivision, being developed by them, to the city*s sewer line at the Ferncliff Avenue Pumping Station, such connection requiring a right of way easement through adjoining property of approximately 600 feet in length. · Mr. Mebber moved to refer the matter to the City Manager for his study and administrative action, or, if necessary, recommendation to Council. The motion was seconded by Mr. Young and adopted. SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board. advising that the Dainsboro Elementary School building.will no longer be used by the said School Uoard for school or other purposes and request- in9 that necessary action be taken to relieve the School Board of control of the : said property. Mr. Mebber moved to direct the City Attoreey to prepare · geaolotioe relieriag the School Ooerd of the property la question, The motion mas seconded by Mr, Young and adopted, REPORTS OF OFFXCERS: BUDGET-MATER DEPARTMENT: The City Manager reported that dee to increased operational costs and customer demand the Fuel and Electric Poser account at the Crystal Spring Pumping Station needs an additional appropriation of $?.000.00. end the Electricity account in the Booster Pumping Station account needs an addi- tional appropriation of $2,S00.00 for the remainder of the year, and that due to consumer demand for water main extensions and improvements the Capital Outlay from Revenue account needs an additional appropriation of $25.000.00 for the remainder of the year. the City Manager recommending that such appropriations be made to the Mater Department Budget for 1958. Mrs. Pickett moved to concur In the recommendation of the City Manager end offered the following emergency Ordinance: (n13§66) AN ORDINANCE to amend and reordain Section z260, 'Crystal Spring Pumping Station.' Section ~270, "Booster Pumping Station." and 'Non-Operating Expense. # of the 195D Water Fund Appropriation Ordinance. and providing for an emergency. (For full text of 0rdieance, see Ordinance Book No. 23, page lsd.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Hr. Anderson and adopted by the following vote: AVES: Council members Anderson. Cornell, Dillard, Pickett. Webber, Young, end the President, Mr. Wheeler ......... NAYS: None ....................O. JUVENILE DETENTION HOME: The City Manager reported that he has caused preliminary plans to be made for a Juvenile Detention Home and that they are presently being studied by him ant interested departments for future presentation to Council, however, in order to assure state funds for ~artictpation in the cost of the construction of a new Juvenile Detention Home. it is his opinion that Council should make the necessary request at this time before the state appropria- tion for this purpose is exhausted, and recommended that such a request be made by Council. Mr. Webber moved to concur in the recommendation of the City Manager and offered the folloming Resolution: (x13567) A RESOLUTION directing the City Manaqer to make application to the Department of Welfare and Institutions to allocate $50,000.00 of State funds to the Citl of Roanoke to help defray the cost of a new juvenile detention home; and authorizing said City Manaqer to inform the Director of said department that, if and when such facility is completed, the City proposes to continue its contracti math tKO or sore counties of the State to detain lawfully committed juveniles from such counties in said facility at a reasonable per diem cost. (For full text of Resolution, see Resolution Boor No. 23, Page 155.) 273 27 4 Hr. Yebber moved the adoption of the Resolution. The motion mas seconded by Mr. Andersen end adopted by the follomlng votes AYES: Council meBhers Anderson. Coroell. Pickett. Nebber. Young, and the President, Hr. Mheeler NAYS: Mr. Dillard ............1. MUNICIPAL COURT: The City Reneger reported that the Change Fund of $100.00 in the ffunfcipsl Court is insufficient to meet the expanded activities of that Court and recommended that an additional $50.00 be provided for said Change Fund. Mr. Young moved to concur in the recommendation of the City Manager and offered the followin9 Resolution: (uI35bD) A RESOLUTION authorizing an increase in the Change Fund of the Runicipal Court to $150.00. (For full text of Resolution, see Resolution Book No. 23. Page 155.) Mr. Young moved the adoption of the Resolution. The motion mas seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Pickett. Webber, Young, and the President, Mr. Wheeler NAYS: None ...................O. Rt. Youn9 then offered the following emergency Ordinance appropriating the necessary funds: (m13569) AN ORDINANCE to amend and reorda/n Section ~154, "Refunds and Rebates," of the 1958 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. R3, Page 155.) Mr. Young moved the adoption of the Ordinance. Yhe motion mas seconded by Mr. Anderson and adopted by the following vote~ AYES: Council members Anderson, Cornell, Dillara, Pickett, Webber, Young, and the President, ~ro ~heeler ........ NAYS: None ...................O. pCRCBASE OF PROPERTY: The City Manager presented a communication from G. W. Francis and Son, Agents for the Textile Workers Union of America, Local No. 11 Realty Gorporation, advising that the said Union is owner of the old Y. M. C. A., located on the northeast corner of Church Avenue and Second Street, S. N., which it acquired at a coat of $255,000.00, and which, in the agents opinion, can he acquired by the city at a considerably less cost. the real estate agent requesting that Council consider the purchase of said building and advise it of the body's decision. Dr. Cornell moved that a committee of members of Council be appointed by the Rayor to consult with C. N. Francis and Son, and the Union, to determine the price at which the building can be acquired by the citl. The motion was seconded by Mr. Dillard and lost by the following vote: AYES: Council members Anderson, Cornell and Dillard ....... 3. NAYS: Council members Pickett, Nebber, Young, and the President, Mr. ~heeler .................. 4. Hr. Webber the· moved to direct the City Manager to ash C. Son ·s ·gent for the Onion to quote, in mriti·g, · price at which the Onion would be willing to fell the property to tbe eltyo The motion was seconded by Mr° Young and adopted by the following vote: AYES: Council membeFn Anderson. Pickett, Webber. You·g, and the President #r. Mheeler ........................... 5. NAYS: Council members Cornell and Dillard .....2. F~RCOASE OF PROP~RTF-STRERYS AN~ ALLEYS: Couucfl at its meeting of October 20, 19S0, having referred to the City Manager for study and recommendation a communication from the City Planning Commission, recommending the acquisition of a parcel of land at the intersection of Twenty-first Street, Patterson Avenue and the Boulevard, S. N., for street widening purposes, it being the understanding of the Commission that the owner. Mast Coast Oil Corporation. is willing to transfer it to the city for a nominal consideration, the City Manager submitted · report. advising that the corner in question has already been cut bach. the Corporation, at Its own expense, hating constructed curb and gutter along the proposed new street line in front of its property to lines and grades established by the city*s Engineering Department. and the city having extended the pavement to the new gutter, the City Manager recommending that Cooncil accept the donation Of the land from East Coast Oil Corporation. Mr. Dillard moved to concur fn the recommendation of the City Manager and offered the following emergency Ordinance: (#13570) AN ORDINANCE authorizing the acquisition of an 020.0 square foot parcel Of land on the north side Of Patterson Avenue, $. M.. west of 21st Street, from East Coast Oil Corporation; and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 23, Page 156.) Mr. Dillard moved the adoption of the Ordinance, The motiun was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber, Young. and the President. Mr. Nheeler ........ NAYS: None ...................O, REPORTS OF COMMITTEES: ANNEXATION: Yhe committee composed of Ressrs. Arthur So Owens, Chairman. Randolph C. Whittle and Harry R. Yates. heretofore appointed to study the neces- sitl for and expediency of acnexing designated areas of the county, advised Council that it desires to make a further oral interim report to the body and requested that it be permitted to mahe such a report at an informal session. Mrs. Pichett moved to concur in the request of the committee and to hold am informal session after the adjournment of the regular session of Council, at which time it will hear the committee. The motion was seconded by Mr. Young and adopted by the following vote: ARES: Council members Anderson, Plchett, Young, and tho President. Mr. Mheeler .................. 4. NAYS: Cooncil members Cornell, Dillard and Mebher ............3. 275 276 ~SN510~5: Council ut its weetieg otSeptember G, 1950, having referred to the Police end Fire Pension Board for study end recommeedutlou a petition requesting that Council increase the pensions under the Police and Fire Pension Finn to $150.00 per month rot ell retired employees, with e corresponding increase to widows of the deceased members, the Board submitted u report, advising that Council submitted a similar request to the Board for its study and recommendation at its meeting of April 16. 1951. at which time the Board wade a thorough study of the matter and recommended against any change in the system, that the Board has nam made au additional study in reference to the present request which indica- ted that ali pensioners under the Police and Fire Pension Plan are now receiving a pension based on each individualts length of service and salary earned, that there are pensioners with nix years of mortice to forty-four years of service each on the pension rolls, end, by giving all of them the same amount, it would result in remnrds to those with short service and penalizing those with long service, that the cost to comply with the request would be approximately annually, the Board. therefore, recommending that no change be made in the system to meet the request, hut advising, however, that mhlle studying the matter, it conceived the idea of rewarding members of the Police and Fire Pension System for long service, thus retaining members of the Police Department and Fire Department covered by that system mbo remained in service morn than thirty years, by increas- ing the pension of members retired in the future by $5,00 per month above the maximum for each Fear in excess of thirty years the tcdiridua] remains on duty, which action, if taken, would retain trained personnel in the two departments for additional years and at the same time result iff a savings off the cost of the pension system which is paid almost in its entirety by the city, the Board, there- fore, recommending that Council adopt an Ordinance amending Title III, Chapter 2, Section 5, of The Code of the City of Boanoke, 1955, to make such a provision. Ur. ~ebher stated that he would like to deal with the two recommendations separately and moved to table the recommendation of the Police and Fire Pension Board that the Police and Fire Pension Plan not be changed to increase the pensions of all retired police and firemen to $150.00 per month, with a corresponding increase to widows, for study by Council. The motion was seconded by Mr, Young and adopted. Mr. Mebber then moved to table the recommendation of the Police and Fire Pension Board to amend tho Police and Fire Pension System to provide that the pensions of Police and Fire Department personnel retired under the Police and Fire Pension System in the future be increased by $5,00 per month above the maximum for each year of service in excess of thirty years for further study by Council. The motion was seconded by Or. Coruell and adopted. UNFINISHED BUSINESS~ BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: Council at its meeting of December 0, 1958, having tabled until its next regular meeting the request of the Judge of the Juvenile and Domestic Relations Court for an appropriation of to cover the services of a Substitute Judge in that Court. the matter was again before the body. The City Manager advised Council that the appropriation previously con- rained in the 1958 budget for this purpose and expended to date covers forty-four daya of service by the Substitute Judge and that the records in the office of the City Auditor account for · total of thirty days, as follows: Tuelve days' vacation, tmelvc dayn at contentions end slx days et hearings, the other fourteen days of absence by the Judge of the Juvenile and Domestic Relations Court being unaccounted for, the City Manager stating that since Council has established December 26, 1958, as a legal holiday for municipal employees, the requested appropriation can be reduced to $107,S0 uhlch mill corer payment of services heretofore rendered by the Substitute Judge nt the Juvenile and Domestic Relations Court, and, in addition, will ullom the Judge of the Juvenile and Domestic Relations Court a meek*s vacation at Christmastime, including the holidays already provided. Dr. Cornell offered the followin9 emergency Ordinance appropriating the amount of ~luY.50: (a13571) AN ORDINANCE to amend and reordain Section aRS. "Juvenile and Domestic Relations Court,# of the 1958 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 157.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Mebber, and the President. Mr. Nheeler ............ NAYS: Mr. Young ..............1. CONSIDERATION OF CLAIMS: NONE, · IN~ROOGCTIO~ AND CONSIDERATIO~ OF 0ROINA~CES AND RESOLUTIONS: ZONING: Ordinance No. 13555, rezoning property located on the north side of Virginia Avenue, N. W.. west of Comer Street. Official Tax Nos. 2760108 and 2?62501. from General Residence District to Dusiness District, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Anderson offering the following for its second reading and final adoption: (u13555) AN ORDINANCE to amend and reenact Title IV. Chapter 4, Section l, of The Code of the City of Roanoke, 1956. in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 23. Page 153.) Hr. Anderson moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, ~ebber. Young. and the President, Mr. ~beeler ........ 7. NAYS: None ...................O. GASOLINE: Council at its meeting of December O, 1950, bating directed the preparation of an Ordinance accepttn9 the low bids for the city's supply of gasoline for 1959, ~r. Young offered the following emergency Ordinance: 277 278 (x13572) AN ORDINANCE accepting the bid of The Pore Oil Company for furnlshln~ regular und premium gasoline to the City Garage; the bid of the American 011 Company for /urclabing regular gasoline to the Wuter Department; the bid of the Gulf Oil Corporation for furnishing premium gasoline to the Fire Department; and providing for an emergency. (For full text or Ordinance. see Ordinnnce Dock No, 23, Page 158.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Pickett. Webber, Young, and the President. Hr. Mheeler NAYS: None ...................O. STATE BIGHNAYS WITHIN CITY LIMITS: Council at its meeting of December O. 1958. having directed the preparation of a Resolution approving the plan as sub- mitted by the City Engineering Department for the construction of a proposed extension of the spur into the city from U. S. Route 61 from Orange Avenue and Second Street, N. E., to Elm Avenue, S. E.. Mr. Young offered the following Resolution: (n13573) A RESOLUTION approving the proposed extension of the limited access spur from Orange Avenue and Second Street, N. E., to Elm Avenue. S. E.; authorizing the City Manager, upon request, to supply the United States Bureau of Public Roads and the Virginia Department of Highways with copies of the prelimi- nary plans therefor and other available supporting data; requesting the said United States Dureau of Public Roads and the Virginia Department of Highways to so extend the aforesaid limited access spur and to mahe it a part of the Interstate System; and directing the City Clerk to mail attested copies hereof to named officials. (For iull text of Resolution. see Resolution Book NO. 23. Page 15g.) Mr. Young moved the adoption of the Resolution. The motio~ was seconded by Rt. Nebber and adopted by the following vote: AYES: Council members Anderson. Pickett. Webber. Young, and the President Mr. Mheeler ............................................ 5. NAYS: Council members Cornell and Dillard .....2. TAXES: Council at an informal budget study session having directed the preparation of an Ordinance repealing the floral design tax, Dr. Cornell offered the following emergency Ordinance: (z13574) AN ORDINANCE repealing Chapter 7. Floral Design Tax of Title VI. Taxation of The Code of the City of Roanoke, lg5b; and providing for a~ emergency. (For full text of Ordinance, see Ordinance Book NO. 23. Page 160.) Dr. Cornell moved the adoption of the Ordinance. The motion .was seconded by Mr. Yonng and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett. ~onug. and the President. Mr. Wheeler ............ NAYS: None ...................O. (Mr. Webber not voting) MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED 279 28O COUNCIL, WEGOLAR MEETING, Rondayo December 22, 1958. The Council of the City of Roanoke met in regular meeting ia the Council Chamber ia the Municipal Euildiag. Monday. Oecember 22, 1958, at 2:00 o°eloch, p. m., the regular meeting hour, with the President. Mr. Wheeler, presiding. PRESENT; Coaacil members Anderson, Cornell, Dillard. Pichett. Webber, and the President, Hr. Wheeler ........... AflSENF: Mr. Young ............... 1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. Randolph Whittle, City Attorney. Mr. Harry R. Yntes, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meetin9 Mas opened with a prayer by Mr. Harry R. Yates, City Auditor. MINUYES: Copy of the minutes of the regular meeting held ou Monday, December IS, 1958, having been furnished each member of Council, upon motion of Mrs. Pickett. seconded by Dr, Cornell and adopted, the readin9 was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: PURCHASE OF PROPERTY: The City Clerk presented a communication from Mr. D. M. Phelps. offering to sell to the city his property located at U07 Norfolk Avenue, S. W., with adjacent property and property located across the street, at a price Of $150.000.00, the offer being good until February 1, 1959. the property being designated as Lots 3-8, inclusive, Block 10. Dr. J. W. Webb Map, and Lots 13-15, inclusive, Block 9. Dr. J. W. Rebb Map. Mr. Webber moved to table the matter for study along with the 1959 budget. The motion sas seconded by Dr. Cornel1 and adopted. HOUSING: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority, transmitting a report showing the cityts recoupment of the advance of the cost of off-sit, e improvements by appli- cation of payments in lieu of taxes due the city on low rent housing projects VA-II-I and VA-II-2 for the period ending September 30, 1958, the payments in lieu of taxes for the current year being $12.679.23, bringing to a total of $71.406.52 the amouot credited to date against the original amount of $159.703.08 advanced by the Housing Authority. leaving a balance of ,! .! The City Clerk ulso presented a communication from Mr. Bomer. requesting that Council grant permission for the construction of the canopy us heretofore proposed to him. explaining that he has purchased the property and mill lease the station to the Shell Oil Company. one of the conditions of the transaction being that he mill complete the improvements heretofore proposed by the Shell Oil Compan] Mr. Mebber moved to refw the m~tter to the City Attorney for the prepara- tion of the necessary Resolution, to be presented to Council after the deed of transfer to Mr. Bower has been recorded. The motion mas seconded by Mr. Dillard and adopted. ZONING-HOUSING: The City Clerk presented a communication from Mr. Tom Stockton Fox, Attorney for the City of Roanoke Redevelopment and Rousing Authority, requesting the rezoning of the properties contained in the Commonwealth Redevelop- ment Project area in accordance with the subdivision plan of the area, and a communication from the City Planning Commission, advising that it has studied the plan and request and recommends that Council grant the rezoning. Mr. Webber moved to hold a public hearing in the matter at 2:00 o'clock, p. m., January lq, lqSq, in the Council Chamber, the attorney for the petitioner to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication, and, in addition, that the City Manager and the City Attorney study the proposed rezooiflg and check the descriptions of the property requested for rezoning. The motion was seconded by Dr. Cornell and adopted. EASEMENTS-CITY PROPERTY-HOUSING: The City Clerk presented a communication from Mr. Tom Stockton Fox, Attorney for the City of Roanoke Redevelopment and Housing Authority, requesting that Council authorize the conveyance of twenty- seven pieces of property owned by the City of Roanoke in the Commonmeulth Redevelo merit Project area to the said Authority, as provided for in the contracts between the City of Roanoke and the Housing Authority. along with certain easements for sanitary sewers, storm drains and water lines owned by the city in the said area and no longer needed, Mr. Fox advising that all necessary easements are being provided for in the subdivision map of the project area which will be recorded contemporaneously mith the recordation of the deed from the city, Mrs. Pickett moved that Council concur in the request and that the follow- ing Ordinance be placed upon its first reading: (m13575) AN ORDINANCE providing for the conveyance of certain property owned by the City of Roanoke, located in the Commonwealth Redevelopment Project area in the Northeast Section of the City of Roanoke, Virgioiu, to City of Roanoke Redevelopment and Housing Authority, for a consideration of $14,871.00 credited upon the obligation of the City of Roanoke in making of grants-in-aid to Common- wealth Redevelopment project, and providing further for the conveyance by the City of Roanoke to the City of Roanohe Redevelopment and Housing Authority Of the right, title and interest of the City of Roanoke in and to all easements for municipal purposes for sanitary sewers, storm drains and water lines owned by said City lying within the Commonwealth Redevelopment Project area, and authorizing the execution and delivery Of a deed therefor. .281 '282 NHEREAS. an agreement was entered into betmeen City of Roanoke and City of Roanoke Redevelopuent and Housing Authority on June 8, 1955. which Was supple- nested by an agreeneat betmeen the sase partier dated December lO, 19~7, prorJd- lng for a stun clearance and redevelopment project ia the Northeast Section of the City of Roanoke. designated as the Commoflmealth Redevelopment Project; and NHEREAS, it was provided in said agreements that the City of Roanoke. in order to assist the Authority ia undertaking the Project, agreed to make and pay unto the Authority certain grants-in-aid against mhich were to be ~redited certain items performed and to be performed by the City of Roanoke, and 'among which was to be credited a cash fair market value of the property owned by the City of Roanoke mithin the ~ruject area, which was then therein agreed to be conveyed by the City of Roanoke to the said Authority; and RHEREAS, the City of Roanoke owns and has title to the hereinafter described property lying within the said Project area, and it has been determined satisfactorily to Council and to said Authority that the cash fair market value of the said property is $14.871.00; and NHEREAS, at various times by various conveyances and means the City of Roanoke has acquired certain sanitary sewer, storm drain and water line easements across and along the various lots and properties within the said Commonwealth Redevelopment Project area which are no longer needed, and during the course of the development Of the said Commonwealth Redevelopment Project have been abandoned and RHEREAS, the municipal easements for said sanitary sewers, storm drains and water lines in said Commonwealth Redevelopment Project area which will be needed by the City of Roanoke are clearly set forth on the suhdivistou map Of the Commonwealth Redevelopment Project. prepared by Hayes, Seay. Mattern and Mattern, Architects and Engineers, dated January 6, 1958. which said subdivision map will be placed of record upon the date of the execution of the deed authorized by this Ordinance, thereby dedicating to the City of Roanoke such municipal easements in said Project area as are now needed and should be retained; and RHEREAS, a deed of conveyance of said properties and said easement rights has been prepared and approved by the City Attorney, and the same should be executed and delivered; in order to carry into effect the terms of the said agreements of June 9. 1955. and Oecember 16, 1957. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke, as follows That in order to consummate said agreements Of June O. 1955, and December 19, 1957, that the proper City officials be, and they are hereby, authorized and directed, for and ou behalf of the City of Roanoke, to execute, affix thereto the official seal, attest the same, and deliver the draft of deed, approved by the City Attorney, conveying with special warranty of title, unto the City of Roanoke Redevelopment and Housing Authority, all of the following lots or parcels of land, lying and being in the Commonwealth Redevelopment Project area in t k Northeast Section of the City of Roanoke, Virginia, bounded and described as follows: Being OfficiulTax Appraisal No, 3020501, BEGINNING itu point on the present, southwest corner of Milliemson Road and d 1/2 Street, N. E.o (formerly culled Boules Alley); thence uJth the present meat line of 4 1/2 Street. S, 10° OB* O0# E, 75,65 feet to a point, corner tp the JoC, Craghead property; thence with the same S, 76° 21' 00* M, 104.06 feet to a point on the present south line of Rllliumson Road; thence with same N. 41° 02' 21# E. 132,81 feet to the place of BEGINNING, containing 3984 square feet, more or less, and being the residue of Lot lO, Block 6, Official Survey Sheet N,E.-3, Ail bearings refer to the meridian of the Official Survey Map. It is the intent of this description to cover the residue of the land conveyed to the City of Roanoke, Virginia, by J. C. Cragbead, et ux, by deed dated May 3. 1951, and recorded in Deed Book 563, Page 192. in the Clerk*s Office of the Hustings Court for Roanoke City. Reference is made to Plan 1455-3 on file in the Office of the City Engineer. which shows parcels of land acquired for the opening and widening of the northern approach (now knnwn as Wllliamson Road) dated August 6, 1931. Being Official Tax APPraisal No. 5020301. BEGINNING at a point which is the southeast corner Of Orange Avenue and Second Street, N. E.; thence with Orange Avenue, on a curve whose radius is 2099°93 feet, ~hose chord Is N. 57o 52' 15' E., an arc distance of 135.04 feet to a point on the same; thence leaving Orange Avenue S. 1° 31' 43# W. 26.21 feet to a point; thence N. 04° 32' 0# W. 136.45 feet to a point on Second Street; and thence with the same N. 5° 34* E. 0.2 feet to the place of BEGINNING. and being a part of Lot 1, Block 3, Official Survey Sheet Northeast 3, and being a portion Of the same property conveyed to the City of Roanoke by Verneil Elliott Graves. et by deed dated March 12, 1948. and of record in the said Clerk*s Office in Deed Book ?66, Page 242. Bain9 Official Tax Appraisal No. 2021128. BEING Lot No. 6, according to the R. V. Fowlkes Map, as shomn by survey made for R. V. Fowlkes in the Northwest Section of Roanoke, August 30, 1q24, by C. T. Womack, Civil Engineer, which map is of record in the said Clerk*S Office in Deed Book 435, Page 378. and bela9 the same property conveyed to the City of Roanoke by Jane Wilson Ttnsley and Walter W. Tinsley, by deeddated May 31, lqSi. and of record in the said Clerk's Office in Deed Book 062. Page lB6. Being Part of Official Tax Appraisal No. 2020424. BEGINNING at a point which is the follow~ng corner and distance from the present Southwest corner of Bart Avenue and Second Street, No E. (formerly Jefferson Street) N. B4° 25' 43' Wo 132.0 feet and S. 6° 42' 17' Wo 106.30 feet to the actual beginning point, which is on the newly established South line of proposed U. S. Route 460; thence with same, on a curve to the right, an arc distance of 115.84 feet to a point (radius of said curve being feet, with a chord bearing and distance of N. 66= 01' 52' W. 113.B4 feet); thence S. 5° 15'00" W. 21.4 feet to a point; thence S. 67° 07' 00" E. 99.5 feet to a point; thence N. 25° 20' 00" E. 14.64 feet to a point; thence S. 66° 42* 00' E. 13.45 feet to a point; thence N. 6° 42' E. 44.54 feet to the place of BEGINNING, containing 4338.0 square feet, more or less, and being part of Block Official Sheet No. 2, and being the same property, conveyed to the City of Roanoke, a Municipal Corporation. by Mary Lavinder, widow, James Jefferies, single, and Julia Logwood, widow, sole heirs at law of George Persinger. by deed dated February 9. 1940, recorded in Deed Book 768. Page 304. Being Official Tax Appraisal No. 2020430. BEGINNING at a point at the intersection of Second Street. N. E. (formerly Jefferson Street) and Orange Avenue (U.S. Route 460); thence with Orange Avenue on a curve to the right, an arc distance of 61.21 feet to a point (radius 283 284 of said carve being 2899.93 feet, with · chord bearing and distance of N. 89° 12' lO" #. 61.21 feet); thence S. 5° 34' 17' M. 23.42 feet to a point; thence S. B4° 2St 43u E. 61.O feet to · point on' the west side of Second Street{ thence mlth same H. S° 34* 17# E. 20,53 feet to the place of'BEGXNHI~D; containing 1584.0 square feet, more or less. and being a portion of Block 3. Official Survey Sheet Northmfst 3, and being a por- tion of the same property conve~ed to the City of Roanoke by Jennie Prunty. et el, by deed dated Hay 13. 1948, and of record in the Clerk*s Office of the Hustings Court for the City of Roanoke. Virginia, in Deed Book ?72, at Page 270, Being part of Official Tax Appraisal No. 2020419. BEGIHNIND at a point on the established South line of U. S. Route 460, the follomlng courses and distances from the former Southwest corner of Hart Avenue and Second Street. H. E. (formerly Jefferson Street) I.e.. N. 84° RS* 43" M. 387.55 feet and S, 3° 15' 00' N. 107,84 feet to the actual beginning point; thence S, 3° 15' O0# M. 21,6 feet to a point on the north line of Raleigh Avenue, B. £,, (formerly Orange Avenue); thence with same N. 73° 33* 47' W, 132,984 feet to a point on the established South line of U, S, Route 460; thence with same S, H2e S3' 35" E, 129,77 feet to the place of BEGINNING. containing 1,398 square feet, more or less, and being port Of Block 3, Official Survey Sheet Northwest 3, and the intent of this description is to cover all the land formerly omned by Mary Simms and now owned by the City of Roanoke, lying between the established South line of U. S. Route 460 and the North line of Orange Avenue, N, E,, and being the same property that mas acquired by the City of Roanoke, Virginia, through condemnation proceeding entitled "City of Roanoke vs, #. E. Hewsome, et als" and which decree of sale vesting title to the captioned property was dated. June 30, 1948, and admitted to record on July 30, 1940, in Deed Book 774, Page 432, of the Hustings Court Clerk's Office for the City of Roanoke. Virginia, Being part of Official Tax Appraisal No. 2020420. BEGINNING at a point on the newly established south line of proposed D. So Route 460 the following courses and distances from the present southwest corner of Hart Avenue and Second Street, H, E,, (formerly Jefferson Street) i,e,, H. 84° 25* 43# W. 247 feet, S. 6° 42* 17' W. 60 feet and S. So 15' 00' B. 49.57 feet to the actual beginning point; thence So 5° 15' 00" ~o 21.4.feet to a point; thence S. 13° 16° 00" W. 53 leek to a point on the present north llne of Raleigh Avenue, N. E.. (fo/m- erly Orange Avenue); thence with same. N. 64° 30* ~. 19 feet; thence N. 60° 54' 29# R. 119.505 feet to a point; thence N. 3° IS' 00' E, 21o6 feet to a point on the newly established sooth line of proposed U. S, Route 460; thence with same S. 02? 53' 35" E. 33.52 feet to a point of curve, thence still with same, on a curve to the left, an arc distance of 101.78 feet to the place of BEGINNING (radius of said arc being 2899,g3 feet, with a chord bearing and distance of S, 83° 53' 55" E. 101,78 feet), containing b420.0 square feet, more or less. and being the south pert of Block Three (3), Official Surrey Sheet Northwest 3. It is the intent of this description to cover all the land formerly omned by Hrs. Grace RcDonald lying between the nemly established south line of Proposed U.-S..Route 460 and the present north line of 0range Avenue. B. B., and being the same property that was acquired by the City of Roanoke from Hrs. Grace G. McDonald by deed dated Rarch 3, 1948, and of record in the said Clerk's Office in Deed Book 766, Page 412.* Being Official Tax Appraisal NO. 3013706. BEGINNING at the southeasterly corner of property of Polly. Bradley,. now Polly Bradley Corer, as of record in Deed Book 698, Page 145. in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, said corner being S, OH° 50' 15" E. 58.0 feet from the intersection of the former easterly line of Second Street, N. E, (formerly Holliday Street) and the nor- therly line of a ten foot alley, as shown on Plan No. 28.5 4000-5 es file in the Office of the City Engineer of Roanoke, Virginin; thence with the northerly line of said alley N, 66° SO* IS# M. 18.43 feet to a point; thence uJth a division line across said Polly Bradley Cofer*a lot, one the easterly line of Second Street, S. IS° S6* 46" E. 52,05 feet to · point on same; thence S, 88° 50' IS" E. 5.S8 feet to a point; thence S. 1o 36' 4S* M. $0.20 feet to the place or BEGINNING, and being n portion or the same property conveyed to the City of Roanoke by Polly Bradley Corer. formerly Polly Bradley. and James W. Corer, her husband, by deed dated August 13. 1953, and of record in the said Clerk's Office in Deed Book 910. Page 253. Being Official Tax Appraisal No. 3022417. BEGINNING at a point on the north side of Rutherford Avenue, 150 feet east of Third Street, Northeast; thence with Rutherford Avenue S. 08° 50* 36" E. SO feet to a point; thence N. 1° 12' 5g' E. g5 feet to a ten foot alley; thence with the latter N. fin° 50* 36" W. 50 feet to a point; thence S. 1° 12' 59" W. 95 feet to the place of BEGINNING, and being known and designated as the southern half of Lot 235, Ward 4, according to the map of the Roanoke Land and Improvement Company, and being the same property conveyed tn the City of Roanoke, a Municipal Corpora- tion. by Rilliam S. Hubard, Special Commissioner, by deed dated August 15. 1952, and of record in the said Clerk*s Office in Deed Book OD&. Page 317. Being Official Tax Appraisal No. 3021718. BEGINNING at a point on the north side of Walker Avenue, 400 feet west of Third Street (formerly Lee Street); thence with Walker Avenue N. ODo W. 50 feet to a point; thence N. 2° E. 100 feet to a point; thence S. BBo E. SO feet to a point; thence S. 2° W. 100 feet to the place of BEGINNING, and being the south half of Lot 265. Nard 4, Roanoke Land and Improvement Company, and being the same property conveyed by John M. Wilson, Jr.. Special Commissioner, to City of Roanoke. by deed dated November 10, 1952, recorded in the Clerkts Office of the Bustings Court of the City of Roanoke, Virginia, in Deed Book Bgl, Page 152. Being Official Tax Appraisal No. 3021419. BEGINNING at a point on the north side of Gregory Avenue, N. E.. 200 feet east of dth Street; thence math Gregory Avenue S. 90° E. 50 feet to a point; thence N. 2° E. 95 feet to a point; thence N. DBo W. SO feet to a point; thence S. 2° W. 95 feet to the place of BEGINNING, and being the south one-half of Lot 329, Ward 4, Roanoke Land and Improvement Company, and being the same property conveyed to the City of Roanoke by John M. Wilson, Special Commissioner, by deed dated July T, 1949, and recorded in the Clerk*s Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 797. Page 404. Being Official Tax Appraisal No. 3021420. BEGINNING at a point on the north side of Gregory Avenue, N. E., 125 feet west of 5th Street (formerly ~ood Street); thence with Gregory Avenue 25 feet in n westerly dtrect~oo; thence 100 feet, more or less, in a northerly direction to a point; thence 25 feet in an easterly direction to n point; thence 100 feet, more or less, back to Gregory Avenue, and being the southwest one-fourth of Lot 330, Nard 4, Roanoke Land and Improvement Company. and being the same property conveyed to the City of Roanoke by John M- Wilson, Jr** Special Commissioner, by deed dated June 14, 1949. and recorded in the Clerk's Office of the Hustings Court for the City Of Roanoke, Virginia, in Deed Book 797, Page 425. ,286 Being Official Tax Appraisal No, ~020901. SEGINNING it e point on the east side of Second Street, (formerly Jefferson Street, said point being the following tmo courses and distances from City Official Monument e1615; N. 6g° 09' E, 62,29 feet and S, 40° 34t Eo.O feet; thence S. So 39* #, 180,15 feet to a point on a roch mall; thence mith same N. Bbo 59t W, 57.33 feet to n point on the east side of Second Street; thence mJth same N. 21° 35* M, 75,11 feet to a point; thence still with same N. 32° 12' E, B2.94 feet to a point; thence still mith same N, 520 44' E. 63,89 feet to the · BEGINNING, end being Lot 1, Bloch 5, Sheet 3 North- east, and being the same property acquired by the City of Roanoke, Virginia, by deed dated June 22, 1931, from Margaret Evans, et al, and recorded in Deed Book 566, Page 172, Being Official Tax Appraisal No. 3020904. BEGINNING at a point on the northeast corner of Madison Avenue and Second Street, (formerly North Jefferson Street); thence mith the east line of Second Street N. 17° 27' M. 54.71 feet to a point on a rock mall; thence mith the same S. aG° 59' E. 57.33 feet to a point; thence N. S° 39' E. 65 feet, more or less. to a point; thence E. 30 feet to a point;thence S. 115 feet, more or less, to a point on the north side of Madison Avenue; thence N. 88° 47' M. 70.47 feet to the BEGINNING, and being Lot 3, Block 5, Sheet 3 Northeast, and being the same property acquired by the City of Roanoke. Virginia, by deed dated June 20. 1931, from Robert Milliamson, et al, and recorded in the said Clerk*s Office in Deed Book 566. Page 77. Being a part of Official Tax Appraisal No. 3020312. BEGINNING at a point on the newly established south line of U. S. Route 460, the following courses and distances from the former southmest corner of Bart Avenue and Fourth Street. N. E.. i.e.. S. 88° 46' 22" N. 189.0 feet and S. 1° 11' O0# N. 25.71 feet to the actual beginning point; thence S. l° 11' 00' M. 42.69 feet to a point on the north line of a ten foot alley; thence with same, S. 84° 09' 22# N. 62.41 feet to a point; thence N. 1° 11' 00' E. 45.63 feet to a point on the newly established south line of U. S. Route 460; thence with same N. BGO 30' 40' E. 62.15 feet to the place of BEGINNING, containing 2739.0 square feet, more or less, and bein9 the south parts of Lots 13 and 14. Block 2. of the Bart Addition Map. It is the intent of this description to cover all the land formerly owned by Garvester Barrington. et ux. lying betmeen [he newly established south line of O. S. Route 460 and the north line of a ten foot alley. All bearings refer to the Meridian of the Official Survey of Roanoke City. See Plan No. 3685-66 on file in the Office of the City Engineer. Roanoke, Virginia, and being the same property conveyed to the City of Roanoke by deed from Garvester Harrington and Eloulse Darrtngton, dated February 16, 194B, re- corded in the Clerk's Office of the Hustings Court for the City of Roanoke. Virginia. in Deed Book 764, Page 416, and also acquired byquitclaim deed from C. K. Lemon, widower, dated April 17, 195D, and now of record in the said Clerk's Office. Being part of Official Tax Appraisal No. 3020312. BEGINNING at a point on the newly established south line of U. S. Route 460. the following courses and distances from the former southwest corner of Dart Avenue and Fourth Street. N. E.. i.e.. S. BBo dB' 22" W. 251.0 feet and S. 1° 11' 00' W. 28.17 feet to the actual beginning point; thence S. l° Il* 45.63 feet to a point on the north line of a ten foot alley; thence with same S. B4° Oq* 22' M. 63.41 feet to a point; thence N. 1° 11' 00" E. 49.34 feet to a point on the nemly established south line of Route 4601 thence with same N. 86° 30' 40# E. 63.15 feet to the place of REGINNING, containing 2962.0 square feet. more or less, end being the south parts of Lots !1 and 12. Block 2, of the Bart Additions#ap. It is the intent of this description to cover nil the land formerly owned by C, ~. Lemon. et om, lying be- tween the newly established south line of U. S, Route 460 end the north line of the ten foot alley. AII~ bearings refer to the Neridian of the official Survey of Roanoke City. See Plan No, 3655-65 on file in the Office of the City Engineer, and being the same prop- erty conveyed to the City of Roanoke by deed from C, K. Lemon and Lillle Ross Lemon. his wife. dated Jannary 23, 194B, recorded in the Clerk's Office of the Bustings Court for the City Of Roanoke In Deed Book ?65. at Page 30b. Being part of Official Tax Appraisal No, 3020300. BEGINNING at a poim on the newly established line of U. S. Route 460. the following courses and distances from the former southeast corner of Hurt Avenue and Second Street. B. E. (formerly Jefferson Street) i.e.. S. 04° 2S' 43# E. 391.S feet and S. 4° 00' 00" W. 32.51 feet to the actual beginning point; thence with the newly established south line, N. §6o 30' 40~ E. 70.49 feet to a point; thence S. So 34' l?" W. 43.6 feet; thence N. 00° 00' #. 60.?? feet; thence N. 4o 00' 00" E. 37.49 feet to ~he place of BEGINNING. con- twining 2009.0 square feet. more or less. and being a portion of the property formerly owned by Sallie Lawson, widow, lying south of the newly established south line of U. S. Route 460. All bearings refer to the Reridian of the Official Survey of Roanoke City. See Plan No 3605-60 on file in the Office of the City Engineer. Roanoke, Virginia. and being the same prop- erty conveyed to the City of Roanoke. Virgfnia, a municipal corporation, by deed dated March 6, 1940, from Sallie Lawson, widow, by deed dated March 6, 1948, recorded in the Clerk*s Office of the Bustings Court for the City of Roanoke. Virginia, in Deed Book at Page 360. Bein9 part of Official Tax Appraisal No. 3020308. BEGINNING at a point on the ne~ly established south line of U. S. Route 460, the following courses and distances from the former southeast corner of Hart Avenue and Second Street, N. Eo (formerly Jefferson Street). i.e.. S. 04o 2S' 43' E. S20.0 feet and S. 50 34' 17" B. 10.99 feet to the actual beginning point; thence with the newly established south line of U. S, Route 460. N. 060 30' 40" E. 33.60 feet to a point; thence, $. 6° 02' 50" ~. 57.12 feet; thence N. 05° 28' 00" R. 32.07 feet to a point; thence N. 5° 34' 17' E. 54,12 feet to the place of BEGINNING, containing 1037.0 square fe~t. more or less, and being a portion of Lot 36. GainsboroughRap. It is the intent of this descrip- tion to corer a portion of the land formerly owned by Sarah Ranks, et vir, lying south of the newly established south line of B. S. Route 460. All bearings refer to the Meridian of the Official Survey of Roanoke City. See Plan No. 3695-62 on file in the Office of tbe City Engineer, Roanoke. Virginia. and being the same property conveyed to the City of Roanoke by deed from Sarah Banks and John Banks, her husband, dated February 20, 1949, recorded in the Clerk*s Office of the Bustings Court for the City of Roanoke. Virginia. in Deed Book 766, at Page 134. Being part of Official Tax Appraisal No. 3020312. BEGINNING at u point on the newly established south line ef U. S. Route 460, the following courses and distances from the former southeast corner of Hart Avenue and Fourth Street, N. E.. i,e,, S. 86° 46' 22' N.. 15~.0 feet and S. 1° 11' 00" ~. 24.44 feet to the actual beginning point; thence S. 1° Il' 00" ~. 41.36 feet to a point on the north line of a ten foot alley; thence with same S. 84° Og* 22' W. 32.21 feet to a point; thence N. 1o 11' O0' E. 42.69 feet to a point on the newly established south line of U. S. Route 460; thence with same N. 06n 30' 40" E. 32.00 feet to the place of BEGINNING, contotn- lng 1346.O square feet, more or less. nnd being the south 287 288 purta of Lots 14 nad IS, Block 2, of the C. I. Hart Addition Map. It is the intent of this description to cover all the land formerly omaed by Richard Bess, et ox, lying south of the newly established mouth line of U. $. Route 460 and the north line of the ten foot alley referred to above. All bearings refer to the Meridian of the Official Survey of Roanoke City. See Plan No. 3685-67 on file in the office of the City Engineer, Roanoke, Virginia, and being the same pro- perty conveyed-to the City of Roanoke by deed from Richard Hess and Sarah Hess, dated February 27, 1948, recorded la the Clerh*s Office of the Hustings Court for the City of Roanoke, Virginia, in Oeed Book ?65. at Page 160. Being part of Official Tax Appraisal No. 3020308, BEGINNING at a point on the newly established south line of D. S. Route 460, the following courses and distances from the former southeast corner of Hart Avenue and Second Street, N. E** (formerly Jefferson Street) J.e., S. 84° 25* 43* E. 462.0 feet and S. 5° 34* 17# M. 21.4 feet to the actual beginning point; thence with the newly established south line ~ Route 460, N. 86° 30* 40' E. 66.64 feet to a point; thence S. 5° 34* 17' R. 54.12 feet; thence N. 04° 25' 43' R. 66.0 feet; thence N. 5o 34* 17" E. 43.6 feet to the place of BEGINNING, containing 3224 square feet, more or less, and being all the property form- erly gamed by Burnette Harris, lying south of the newly established south line of U. S. Route 460. All bearings refer to the Meridian of the Official Survey of Roanoke City. See Plan No. 3885-61 on file in the Office of the City Engineer, Roanoke, Virginia, and being the same property conveyed to City of Roanoke, Virginia. a municipal corporation, by deed from Burnette Harris (sometimes known as Burnett Harris) and wife. dated February 13, 1948. recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Deed Hook ?64. Page 41. Being part of Official Tax Appraisal No. 302030H. BEGINNING at a point on the newly established south line of D. S. Route 460. the following courses and distances from the former southeast corner of Hart Avenue and Second Street, N. E.. (formerly Jefferson Street, i.e.. S. 84° 25' 43' E. 561.31 feet and S. 6° 02' 50' M. 5.57 feet to the actual beginning point; thence with the south line of U. S. Route 460. N. 88° 30* 40~ E. 33.?7 feet to a point in the west line of the Bart Addition; thence with same S. 6~ 31' 22# N. 60,14 feet to a point; thence N. 88° 28' 00' W. 32.91 feet to a point; thence N. 6° 02' 50* E. 57.12 feet to the place of BEGINNING, containing 1938.0 square feet, more or less. and being a portion of Lot 36, of the Gainsborough Addition Map. It is the intent of this description to cover all the land formerly owned by Harry Goode, et ux, lying south of the newly estab- lished south line of U. S. Route 460. All bearings refer to the Meridian of the Official Survey of Roanoke City. See Plan No. 3685-63 on file in the Office of the City Engineer, Roanoke, Virginia. and being the same property conveyed to the City of Roanoke by deed from Harry Goode. et ux, dated April 5, 1948, recorded in the Clerk*s Office of the Hustings Court for the City of Roanoke. Virginia. in Deed Book ?69, at Page 15. Being part of Official Tax Appraisal No. 3020312. BEGINNING at a point on the newly established south line of B. S. Route 460, the following courses and distances from the former southwest corner of Hart Avenue and Fourth Street, N. E., t.e., S. 88° 46' 22" W. 93.0 feet and S. 1° 11' O0' W. 21.90 feet to the actual beginning point; thence S. 1° 11' O0~ R. 38.6 feet to n point on the north line of a ten foot alley; thence with same, S. 84° 09' 22' R. 32.21 feet to a point; thence N. 1~ 11' O0* E. 40.03 feet to a point on the newly established south line of H. $. Route 460; thence with same N. 86° 30' 40* E. 32.08 feet to the place, of BEGINNING, containing 1280 square feet. more or less, and being the south parts of Lots 16 and 17. "0 Block 2, of the C. I. Hart Addition Rap. It Is the intent of this description to cover all the land formerly owned by Charles #. Borden. et uxo lying betmeeu the uemly established south line of U. S. Route 460 and the north line or the ten 4oct alley. All bearings refer to.lhe #erldlan of the Official Survey'of Roanoke City. See Plan No. 36Bs-Gg on file ia the Office of the City Engineer. Roanoke. Virginia. and being the sane property conveyed to the City of Roanoke b~ deed from Charles N, Borden andLaura Borden, husband and mile, dated February 12. lg40o recorded In the Clerk*s Office of the Hustings Court for the City of Roanoke, Virginia. In Deed Book 765, at Page 303. Being part of Official Tax Appraisal No. 3020312. BEGINNING at a point on the newly established south line of 0. S. Route 460, the following courses end distances from the former southwest corner of Hart Avenue and Fourth Street. N. E., i.e., S. 88 R. 125.O feet and So 1o 11e 00~ M. 23.17 feet to the nc,ual beginning point; thence S. 1° lie 00' M. 40.03 f~et to a point on the north line of a ten foot alley; thence with same. S. B4o 09' 22# M. 32.21 feet to a point; thence N. 1o Ile 00" E. 41.36 feet to a point on the newlyestablished south line of U. S. Route 460; thence with sane. N. 069 30' 40' E. 32.08 feet to the place of BEGINNING. containing 1303.0 square feet. more or less, and being the south parts of Lots tS and 16, Block 2. of the C. I. Hart Addition Map. It is the intent of this description to cover all the land form- erly owned by Samuel Mackens. et ox, lying between the newly established South line of U. S. Route 460 and the north line of a ten foot alley; All bearings refer to the Meridian of the Official Survey of Roanoke City. See Plan No. 3685-6B on file in the Office of the City Engineer. Roanoke. Virginia, and being the same property conveyed to the City of Roanoke by deed from J. R. Ford, Trustee, dated June 3, 1948. recorded in the Clerk*s Office of the Hustings Court for the City of Roanoke, Virginia. in Deed Book 772. at Page 49. Being part of Official Tax Appraisal No. 3020312. BEGINNING at u point on the newly established south line of U. S. Route 460, the following courses and distances from the former southwest corner of Hart Avenue and Fourth Street, N. E, i.e., S. 6Bo 46' 22" M. 50.0 feet and S. 1° 11' 00" M. 20.2 feet to the actual beginning point; thence S. 1o 11' 00' R. 37.32 feet to a point; thence S. B4· 09' 22# W. 33.22 feet to a point on the ten foot alley; thence N. 1 E. 30.69 feet to a poiflt on the newly established south line of U. S. Route 460; thence with same N. 06° 30* 40" E. 33.08 feet to the place of BEGINNING, contain- ing 1255.0 square feet, more or less, and being part of Lot 18, Block 2, of the C. I. Hart Addition Map. It is the intent of this description to cover all the land formerly owned by Edward Brown, single, lying south of the newly established south line of Route 460 and the extension Of the north line of a ten foot alley; See Plan No. 3685-70 off file in the Office of the City Engineer, Roanoke. Virginia. All bearings refer to the Meridian of the Official Survey of Roanohe City. and being a portion of Parcel 29 acquired by the City of Roanoke by decree entered in the suit of City of Roanoke vs. M. E. Newsome, et al, in the Court of Law and Chancery. June 30. 1940, spread in Deed Book ?74. at Page 432. Being part of Official Tax Appraisal No, 3020312. BEGINNING at a point on the newly established south line of U. S. Route 460. the following courses and distances from the former southwest corner of Hart Avenue and Fourth Street, N. E., i.e., S. 88° 46' 22' M. B3.0 feet and S. 1° 11' 00' M. 21.51 feet to the actual beginning point; thence S. 1° 11' 00" M. 38.69 feet to a point on the north line of a ten foot alley; thence with same S. 84°oge 22" R, 10.05 feet to a point; thence N. 1n 11' O0# E. 38,B0 feet to a point on the newly established south line of D. S. Route 460; thence with same N. 86° 30' 40' E. 10.02 feet 289 .290 to the place of HSGIBBING, co~taiolag 388 square feet, sure or less, and being the south part of Lot IT, Block 2, of the C. I. Hart Addlticn Hap. · It is the intent of this description to cover oil the land formerly omued by C, K, Lemon et lying betmeenthe newly established south line of U, S, Route 460 and the north line of the ten foot alley, All bearings:refer to the Reridiao of the Officlal Survey of Roanoke City. SeePlao No. 3285 on file in the office of the City Engineer, Roanoke, Virginia. end being the same property conveyed to the City of Roanoke by deed from C, K, Lemon and Lillie Ross Lemon. his wife, dated #arch 9, 1949. recorded in the Clerk*s Office or the Hustings Court for the City of Roanoke, Virginia, in Deed Book 766, at Page 234. Being part of Official Tax Appraisal No. 3020312. BEGINNING at a point on the nemly established south line of U. S. Ronte 460* the followin9 courses and distonces from the former southeast corner of Hart Avenue and Fourth Street, N. E,, i,e., S, 88° 46* 22" W, 314,0 feet and S, 1° 11' 00" #, 30,6~ feet to the actual beginning; thence S, 1° 11' 00' M, 48,34 feet to the north line of a ten foot alley; thence with same $, 84° 09* 22* M, 38,49 feet to a point on the west line of the Hart Addition; thence with same N, 6o 31* 22" E. 49,9 feet to a point on the newly estab- lished south line of U, S, Route.460; thence with same N, 86° 30* 40' E, 33,81 feet to the place of BEGINNING, containing 1749.0 square feet, more or less, and being the south part of Lot 10, Block 2, of the Clayton I. Hart Addition Rap referred to above. It is the lnten~ . tion of this description to cover all the land formerly omned by the heirs of Henry Callowayo deceased, lying between the newly established south line of U. S. Route 460 and the north line Of the ten foot alley referred to above. All bearings refer to the Meridian of the Official Survey of Roanoke City, and being the same property conveyed to C. K. Lemon, et ux, by Henry Calloway by deed dated November 9, 1937, of record in Deed Rook 629, Page 436, of the Clerk*s Office of the Hustings Court for the City of Roanoke. Yirginia, and bain9 a part of the same property decreed to the City of Roanoke in a condemnation proceedings dated June 13, 1948, recorded in Deed Book 7?4, Page 432, by the Court of Lam and Chancery for the City of Roanoke. Virginia. . Being official Tax Appraisal No. 3020310. BEGINnING'at a point on ~he north side of Clayton Avenue, also known as Diamond Hill Alley, ate point 431 1/2 feet. more or less, west from the northwest corner of Fourth Street and Clayton Avenue. N. thence in a Northerly direction I00 feet. more or less. to a point; thence in a Westerly direction 30 feet to a point; thence in a Southerly direction 100 feet. more or less..to a point on Clayton Avenue; thence with said Clayton Avenue in an Easterly direc- tion 30 feet to the place of BEGINNING. and being the Easterly 30 feet to the lot Ryatt Rose conveyed to Ellen Rose by deed dated April $. lg06. recorded in the Clerk*s Office of the City of Roanoke. Virginia. in Deed Bock 183. Page 297. which was the southern part of Lot 37 in the Plat of the Town of Gainsborough. which was conveyed to Wyatt Rose by deed of record in Deed Book 37. Page 209. in the said Clerk*s Office. and being the same property conveyed to the City of Roanoke, a Municipal Corporation, by Murray A. Stoller, Special Commissioner, by deed dated December 11, lqSl, recorded in the said Clerk's Office in Deed Book Page 220. and also conveying, releasing and quit-claiming unto the.City of Roanoke Redevelopment and Housing Authority all of the right, title and interest of the City of Roanokein and to all easements for municipal purposes f~r sanitary sewers, storm drains and water lines, heretofore conveyed to the City of Roanoke, lying within the Commonwealth Redevelopment Project area, which area ia described and set forth on the subdivision map of the same, dated January 6, 1956. prepared 291 by Hayes, Seay, Rattern and Rattern, Architects and Engineers, excepting, homever, from such conveyance of such easements the easements and rights dedicated to the City of Roanoke by the recordation of the said Commonwealth Redevelopment ProJect subdivision nap dated January 6, 1956,.aforesaid. BE IT FURTHER ORDAINED that said deed, for and on behalf of the City of Roanoke, shall not be delivered and recorded until the same day and contemporaneou: mlth the recordatiou in the Hustings Court Clerk's Office of tbe City of Roanoke. Virginia, of said subdivision map of the Commonwealth Redevelopment Project area dated January 5, IFS§. The motion was seconded by Mr. Anderson and adopted by the folioming vote: AYES: Council members Anderson, Cornell, Dillard. Pickett. Nebber. and the President. Mr. #heeler ............ NAYS: None ...................O. (Mr. Young absent) REPORTS OF OFFICERS: EASEMENTS-SEWERS: The City Manager reported that in order to relieve an unsatisfactory sewer condition by the elimination of a sewer line across private property on the south side of Rockland Avenue, N. M., east of Tenth Street, he has obtained agreements from Mr. Nailer S. Hunt, owner of property designated as Official Tax No. 2050235, and from Mr. Julian O. Poff, omner of property designated as Official Tax No. 2050236, to transfer to the city a ID- foot easement across their properties at a nominal consideration of $1,00 each, and from Mr, John L, Meodors, omner of property designated aa Official Tax Nos. 2050233 and 2050234,.to grant to the city a lO-foot easement across his property at a consideration of $50.00, the City Manager recommending that the offers be accepted and advising that the necessary sewer Line will be constructed on the basis of fifty per cent of the cost being borne by the property owners and fifty per cent by the city. Mr. Anderson moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance accepting the offers Of Mr. Hunt and Mr, Poll: (g13576) AN ORDINANCE authorizing and directing the acquisition of a perpetual easement for a sewer line right of way over portions of Lots HI. 02. 83, and 04 and Lot 3, Section 3. according to the Map of Shadeland; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 23. Page 161.) Mr, Anderson moved the adoption of the Ordinance, The motion was seconded by Mr. Webber and adopted by the folloming vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, and the President, Nr, Mheeler ............ NAYS: None ...................O, (Mr. Young absent) Mrs. Pickett then offered the following emergency Ordinance accepting the offer of Mr. Meadors: 292 (z13577) AN ORDINANCE authorizing the. acquisition of n perpetual easement for n sewer line right of may across the sonthmesterl7 portion of Lots ?T, ?O, 79 and BO. Section 3, sccordlng to the Map of Shsdeland, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page Mrs. Pickett moved the adoption of the Ordinance. The motion mas seconded by ir. Anderson and adopted by the follomlng ~ote~ AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber. and the President, Mr. Wheeler ............ 6. NAYS: None ................... O. (Mr. Young absent) STREETS AND ALLEYS: The City Manager reported that pursuant to the provisions of Ordinance No. 13469, adopted on August 11, 195§. Mr. C. F. Kefsuver is prepared to transfer to the city a portion of his property lying on the east side of Whiteside Street, N. E., north of Huntington Boulevard, to be used for widening and straightening the street, and that as a portion of the original plan he now recommends the adoption of a Resolution to initiate action to close a part Of Whiteside Street adjacent to the property Of Mr. Kefauver. Mr. Dillard moved to concur Jn the recommendation of the City Manager and offered the follomin9 Resolution: (s13578) A RESOLUTION providing for the permanent closing, vacating, discontinuing and abandonment Of an easterly portion of Rhlteside Street, N. E.. . (formerly Gillaspie Road). north of Huntington Houlerard, N. E., an area of 1,400.00 square feet. (For full text of Resolution. see Resolution Book No. 23, Page 163.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Coruell. Dillard. Pickett. Webber. and the President, Mr. Wheeler ............ 6. NAYS: None ................... O. (Mr. Young absent) PENSIONS: The City Clerk presented a communication from the Board of Trustees of the Employees' Retirement System of the City of Roanoke..advising that the Board has on file and available to the members of Council the actuarial report of Mr. George B. Suck, Consulting Actuary for the Employees* Retirement System, for the year 1957. Mr. Dillard moved to file the communication. The motion was seconded by Mr. Anderson and adopted. REPORTS OF COMNITTEEB: ANNEXATION: The committee composed of Messrs. Arthur S. Omens. Chairman. Randolph O. ~hittle and Harry R. Yates, heretofore appointed to study the necessity for and expediency of annexing certain areas of Roanoke County, sub- mitted a report, advising that as a result of its studies the committee concluded that it would be mise to consider the annexation of a partial combination of SectionsB and C, as shown on a map attached to its report, embracing 3.609 square miles, with an estimated population of 3~150, the committee recommending that should Council conclude to proceed with the matter the folloming persons be employed immediately: a. competent engineers to make the required boundary survey, prepare the requisite charts nad msps and assemble the required highmay, bridge, school, fire stntlon, sewer, water and other public works data; b. a recognized economist to sake necessary studies to determine additions, if nny. to present City personnel to absorb the suggested area; to calculate the City's probable financial and other obligations to the County; and to per- form other required duties; c. accountants to gather and analyze the required financial data; and d. attorneys to assist the City Attoruey*s Office in preparing the required ordinance, petition and Court papers; in sup- plying legal advice during the surrey; and in preparing and trying the case - should Council conclude to institute an annexation proceeding. Hr. Dillard moved to tzhle the matter until the next regular meeting of Council. The motion nas seconded by Mr. Webber and adopted, UNFINISHED BUSINESS: DOUSING-SZRE£TS AND ALLEYS: Council by Resolution No. 13245. adopted on the 25th day of November, lg$?, having appointed viewers in connection with a petition of the City Of Roanoke Redevelopment and Dousing Authority to vacate, discontinue and close certain streets and alleys and portions of certain streets and alleys in the Commonwealth Redevelopment Project area, the report of the viewers mas presented, the viewers advising that in their opinion no inconvenience would result to the public and owners of the property within the project area, or to the property owners abutting upon the said streets and alleys, from complying with the petition. Mr. Nebber moved to set a public hearing in the matter for 2:00 o'clock. p. s., January 19, lqSg, in the Council Chamber, the attorney for the petitioner to prepare the proper notice Of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Dillard and adopted. ZONING: Council at its meeting of December 8. 1958, having referred to the City Planning Commission for study and recommendation the request Of Mr. Charles C. Flora, et al.. that their property lying on the northerly side of Franklin Road, S. W., being Lots 1-7, inclusive, Block 1, Section 1, Deechwood Gardens, and Lots 1-3, inclusive. Block 2, Section 1. Bedchwood Gardens. be rezoned from General Residence District to Business District, the City Planning Commission presented its report, advising that in its opinion the rezoning of the property as requested would not change the general character of the neighbor- hood or depreciate the values of any of the properties and that the property is more suitable to business than residence usage, the Commission, therefore, recommending that the request be granted. Mr. Webber moved to set a public hearing in the matter for 2:00 o'clock. p. m., January lg, lgSq, in the Council Chamber, the attorney for the petitioners to prepare the proper notice of said hearing, have it ~ proved by the City Attorn( and present it to the City Clerk for publication. The motion was seconded by Mr, Dillard and adopted. 293 294 CONSIDERATION OF CLAINS: NONE. INTEODUCTION AND CONSIDERATION OF ORDINANCES.AND RESOLUTIONS: SCHOOLS: Council at its meeting of December IS. 1958. having directed the preparation of a Resolution transferring the control of the old GaJnsboro Elementary School property from the Roanoke City School Bonrd to the City Manager. Mr. Dillard Glinted the following Besolutlon: (u13579) A RESOLUTION relieving the Roanoke City School Board of custody nad control of the Gsinsboro Elementary School property. (For full text of Resolution. see Resolution Book ~o. 23. Page 164.) Rr. Dillard moved the adoption of the Resolution. The motion was seconded by Ur. Cornell and adopted by the following vote: AY£S: Council members Anderson. Cornell. Dillard. Pichett, Rabbet. and the President, Rr. #heeler ............ 6. NAYS: None ................... O. (Mr. Young absent) ROTIONS ANB MISCELLANEOUS BUSINESS: BONDS-SCHOOLS: Mr. Webber stated that la his opinion Council should discuss with the Roanoke City School Board the progress of the current school buildin9 program and moved to request the School Board to meet with Council in an informal session at 7:30 o'clock, p. m,. January 15, 1959. in the Council Chamber, to dJscnss the matter. The motion was seconded by Dr. Cornell and adopted. PENSIONS: Dr. Cornell stated that he has been studying the Police and Fire Pension System for some time, that under the said system certain retired police officers and firemen and the widows of certain deceased police officers and firemen are receiving pensions from the system as low as $25.00 per month, upon which it is impossible for the people to subsist, and that in his opinion. Council should raise the minimum pension payable under the system, Dr. Cornell suggesting that Council consider minimums of $~0.00, $90.00 and $100.00 per month for retired members, with fifty per cent of those amounts for wido#s of deceased members, which would cost the city in the neighborhood Of $4,000.00. $7,000.00 and $11,000.00 per annum, respectively, Dr. Cornell moving to consider the matter at the regular meeting of January 5, lg5q. the City Auditor, in the meantime, to prepare and submit to the body statistics showing the number of persons involved and the cost for each Of the three different minimums suggested. The motion was seconded by Mr. Dillard and adopted. ZONING: The CitI Clerk reported that the public hearing set for January 5 1959, on the request of Beatrice Leonard Gusler and Ethel Leonard for rezoning from General Residence District to Light Industrial District a 9.56 acre tract of land bordering off Bennfngton Street, Mount Pleasant Boulevard and Rutrough Road. S. E., Official Tax No. 4250202, has not been advertised in time for the hearing to be held on that date, and that the attorney for the petitioners has requested that the hearing be changed to January 19, lq59. Dr. Cornell and adopted. There being no further business, Council adjourned. APPROVED COUNCIL. REGULAR MEETING, Monday. December 29, 1959, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, December 29, 1950, at 2:00 o'clock, p. m.. the regular meeting hour, with the President, Mr. Wheeler, presiding. PRESENT: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler .............. ABSENT: None ..............................O, OFFICERS PRESENT: Rr. Arthur S. Owens. City Manager, Rt. Randolph Whittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Rererend Clifton McCoy, Pastor, Bethany Christian Church. UEARI~G OF CITIZENS UPO~ PUBLIC MATTERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m., December 29, 1959. on the request of Mr. Lee Keedick that an L-shaped alley located south of Bullitt Avenue, S. Wo, and west of Jefferson Street, be vacated. discontinued and closed, and notice of the hearing having been published in The Roanoke World-News'on December 12, 1958, and the City Planning Commission having previously recommended that the request be granted, the hearing was held at which no one appeared in opposition. Mr. Jack B. Coulter, Attorney for the petitioner, appeared and requested that the petition o~ his client he granted. Mrs. Pickett moved that Council concur in the recommendation of the City Planning Commitsion and that an Ordinance vacating, discontinuing and closing the said alley be placed on its first reading. There being no second, the motion was lost, and. consequently, the petition denied. STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m** December 29, 1958, on the request of Mr. Grover L. Reasley, et al, that a certain alley lying between Lots 2 and 4 of the William F. Genheimer Map, located on Yellow Mountain Road, S. E., be vacated, discontinued and closed, and notice of the hearing haying been published la The Roanoke World-News on December 19, and the City Planning Commission having previously recommended that the request be 295 i~296 granted, the heerleg wes held at mhieh eo one appeared ia opposition. . Hr. Johe H. Heenett, Jr., Attorney for the petitioners, appeared amd requested that the petition of bls clients be granted. Hr, Vebber moved that Council concur In the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (sl3500) AN ORDINANCE approrlng a Instrument Je writing permanently vacating, discontinuing and closing an unopened alley, 312.0 feet in length, running east and west through tn unpletted portion of land shorn on the Rap of Crystal Spring Land Company easterly of and adjacent to Section 72 as shown on said mapo WR£R£AS, trover L, Reasley and others have heretofore petitioned the Council to approve the closing of the platted but unopened alley hereinafter mentioned and have presented to the Council, pursuant to the provisions of section 15-766.1 of the 1950 Code of Virginia. as amended, a written instrument bearing date the 16th day of December, 1958, executed and ncknomledged by the said Grover L. Beasley and others, they being all of the property owners whose lands abut said unopened alley, in which said instrument said owners agree to, and do vacate, discontinue and close said alley, subject to the approval of this Coencil; and WHEREAS, the City Planning Commission, by whom the matter has been con- sidered, bas recommended to the Council in writing that said alley be permanently vacated, closed and discontinued, the mme having never been opened to or used by the public; and WDEREAS, a public hearing on the question of vacating, closing and dis- continuing said alley was held on the 2Otb day of December, lqSB, at 2:00 o'clock. po mo, before the Council after due and timely notice of such hearing published in a local newspaper, ut which hearing all persons interested in the matter were afforded an opportunity to be heard; and WHEREAS, upon consideration of the matter, Council is of opinion that the vacating, closing and discontinuing of said alley will not abridge or affect the rights of the public or of the ouner or owners of any other property mithtn the area of the land shown on the map whereon said alley is platted; and WHEREAS, Council is advised that there are no public sewers, drains or water lines or other public utiiities constructed or installed uithin the bounds of said alley as the same is shown on the map hereinafter mentioned and is, itself, of opinion that said alley should be permanently vacated, closed and dJscontinuedo THEREFORE, BE IT ORDAINED by the Council of the City of Roanohe that said Council doth hereby approve the permanent vacating, closing and discoetinutng of that certain unopened alley, 312o0 feet in length, shown running east and west through an unpin*ted portion of land shown on the Map of Crystal Spring Land Company easterly of and adjacent to Section 72 as shomn on said mapo the major part of said unplatted portion of land having been subsequently subdivided as shown by the Hap of William F. Genheimer. Jr** of record in the Clerk's Office of 29'( the Hustings Court of the City of Roanoke in Deed Book 7380 page 365; and said Council doth further approve'that certain written instrument executed and acknowledged by Grover L, Beasley and others under date of December 16, 1958, vacating, closing and discontinuing said alley. RE XT FURTHER ORDAINED that the Clerk do attach to the aforesaid written instrument of December 16, 1958, un attested copy of this ordinance and deliver the sane to the attorney for said petitioners, to be recorded in the Clerk's Office of the Circuit Court for Roanoke County. Virginia. and in th~ Clerk's Office of the Bustings Court for the City of Roanoke. Virginia, the Clerks of said Courts to make proper notations on all maps and plats recorded in their said offices upon which are shown the alley herein permanently vacated, discon- tinued and closed, as provided by law, BE IT FINALLY ORDAINED that the City Engineer be, and he is hereby directed, upon the recordation of the aforesaid papers in said Clerk*s offices, to mark "Permanently vacated, discontinued and closed" tho herein described alley on the maps and plats on file in the Office of the City'Engineer on which said maps and plats said alley is shown, OF on which it should be shown, referring to the book and page of resolutions and ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Webber. Young, and the President, #r. Wheeler ........ NAYS: None ...................O. PETITIONS AND COMRUNICATIONS: EONE. REPORTS OF OFFICERS: BUDGET-BRIDGES: The City Manager reported that he has been advised by the Virginia Department of Highways that the cost of the bridge over Tinker Creek into Plamer.Park, heretofore authorized, will amount to approximately one-half of which cost Council, by Resolution No, 13230, advised the Departme~ of Highways of its willingness to NY, the City Ranager pointing out that Council has previously appropriated $15,000,00 toward its fifty per cent of the cost of the bridge, which is insufficient, and requesting that an appropriation of $5,000,00 be made to meet this commitment, Mr, Yoong moved to concur in the request of the City Manager and offered the following emergency Ordinance: (t135Bl) AN ORDINANCE to amend and reordain Section =143, "Bridge Con- struction," of the 1958 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinmce, see Ordinance Book No, 23, Page lb4,) Mr, Young moved the adoption Of the Ordinance, The motion was seconded by Mr, Anderson and adopted by the following vote: AVES: Council members Anderson, Cornell, Dillord, Pickett, Webber, Young, and the President, Mr, Wheeler ........ 7, NAYS: None .................. O, REPORTS OF CORRITTEES: 86~ Z6~, SCHOOLS-PARKS AN~ PLAYGROUNDS: Council Bt its meeting of December H. 1958t having referred to the Subcommittee of the V, P, I, Roard of Visitors which is considering the location of a site for the proposed Roanoke Technical Institute a report of the City Planning Commission. recommending that the said Institute be placed on an approximately 10-acre tract of the Horton property located on Melrose Avenue, N. M.o west Of the Forest Park School, which property has been offered as a donation to the city, nnd, If this site be unacceptable, that the Shrine Hill site, containing approximately 7 1/2 acres, previously requested by the Subcomo mitten of the V. P. I. Hoard of Visitors, be used, for study and recommendation. the committee submitted its report, advising that after a thorZugh review and discussion of all the factors and consideration Of all of the available sites it again expresses its preference for the Shrine Hill location as previously request.( by the committee. Mr. Webber moved to direct the City Attorney to prepare an Ordinance providing for the transfer of the approximately 7 l/2-acre site in Shrine Hill Park as a site for the Roanoke Technical Institute. The motion was seconded by Mr. Young and adopted, Council members Corn. Il and Dillard voting no. UNFINISRED BUSINESS: ANNEXATION: Council at its meeting of December 22, 1958, having tabled for consideration at its next regular meeting the report of its Annexation study Committee, the matter was again before the body. After considerable discussion, Dr. Corn. Il moved that Council constitute itself as a committee of the whale to study areas contiguous to the city for the purpose of determining upon an area for annexation which would be agreeable to all the members. The motion was seconded by Mr. Dillard and adopted. Mr. Anderson moved to direct the City Manager to ascertain the cost of the city of employing the technical experts as recommended in the report of the Annexation Study Committee dated December 1H. IqSO. for a study of Areas A, B, C and O, previously studied by the committee, along with any other areas in which residents thereof petition Conneil for annexation to the city, and to submit his report thereon. The motion mas seconded by Mr. Young and adopted, Council members Cornell and Dillard votin9 no. Mr. Webber then moved to receive and file the report of the Annexation Study Committee. The motion was seconded by Mr. Y-ung and adopted, Mr. Dillard voting no. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENTS-CITY PROPERTY~HOUSING: Ordinance No. 13575, authorizing the conveyance of twenty-seven pieces of property owned by the City of Roanoke in the Commonwealth Redevelopment Project area to the City of Roanoke Redevelopment and Housing Authority, along, with certain easements for sanitary sewers, storm drains and water lines owned by the city in the said area, having previously been before Council for its first reading, read and laid over, was again before the body, Dr. Corn. Il offering the following for its second reading and final adoption: 299 (a13575) AN ORDIRANCE providing for the conreyonce of certain property omned by the City of Ronnohe, located in the Commonmealth Redevelopment Project area In the Northeast Section of the City at Roanoke, ¥lrglala, to City o[ Roanoke Redevelopment and Ilousing Authority, for a consideration of $14,871o00 credited upon the obligation of the City of Roanoke in mahlng of grants-In-aid to Common- wealth Redevelopment Project, end providing further for the conveyance by the City of Roanoke to the City of Roanoke Redevelopment and Hoosiog Authority of the right, title and interest of the City of Roanohe in and to all easements for municipal purposes for sanitary samara, storm drains and water lines owned by said City lying within the Commonwealth Redevelopment Project area, and authorizing the execution and delivery of a deed therefor. (For full text of Ordinance, see Ordinance 8oak Non 23, Page 164.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Yoong and adopted by the followin9 vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ........ 7. NAYS: None ................... LICENSE TAX CODE: Council at a budget study session baying directed the preparation of an Ordinance to relieve barbershops, beauty parlors, baths, bolt- dressers, etc., of the payment of 55~ on each $100.00 of gross receipts for professional operations of such businesses, Dr. Cornell offered the following emergency Ordinance: (w13592) AN ORDINANCE to amend and reordatn Section 43. Rarbershops, beauty parlors, baths, hairdressers, etc. of The License Tax Code Roanoke, 1956; and providing for an emergency. (For full text of Ordinance, see Ordinance flank No. 23, Page 174.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote; AYES: Council' members Anderson, Cornell, Dillard, Pickett. Webber. Young, and the President, Mr. Wheeler ................. 7. NAYS: None ............................O. RUDGET: Council at a budget study session having directed the preparation of an Ordinance providing for the payment of necessary expenditures in 1959 prior to the adoption of thc 1959 budget, Hr. Young offered the following emergency Ordinance: (#13583) AN ORDINANCE providing for the payment of necessary expenditures for the operation Of the Municipal Covernment ~ntil the 195~ Appropriation Ordinanc( is adopted and becomes effective; and providing for an emergency. (For full text of Ordinance, see Ordinance Dank No. 23. Page 175.) Mr. Young moved the adoption Of the Ordinance. The motion mas seconded by Mr. Webber and adopted by the' follomJn~ vote: AYES: Council members Anderson. Cornell. Dillard, Pickett, Webber, Young, and the President. Wv. Wheeler ................. NAYS: None ............................O. 300 MOTIONS AND MISCELLANEOUS BUSINESS: SNOSE CONTROL: The Mayor stated tket the term of Mr, Carroll O, Traylor aa e member of the Advisory and Appeal Board, Air Pollution Control, mill expire December 31, lgSB,.aud called for nominations to fill the vacancy, Mr, Young ploced in nomination the name of Mr, Carroll Go Traylor for reelection as a member of the Advisory and Appeal Board, Air Pollution Control, for a term of roar years beginning January 10 Mr, Webber moved to close the nominations, The motion was secended by Mr, Anderson and adopted, Mr. ~arroll G, Traylor mas reelected as a member of the Advisory and Appeal Board, Air Pollution Control, for a term of fnur years beginning January 1, 1959, by the folloming vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, Young. and the President, Mr. Wheeler ................. 7, NAYS: None ............................O. STADIUM ADVISORY COMMITTEE: The Mayor stated that the terms of Messrs, John I. Bowman, Abney S+ Boxley, C, E. Caddy, Walter G. Stephenson and William P. S#artz, Jr., for two years each, and the term of Mr, W. So Connelly, President of the Touchdown Club, for one year. as members of the Stadium Advisory Committee, mill expire December 31, 1958, and called for nominations to fill the vacancies, Mr. Dillard placed in nomination the names of Messrs. John I, Bomman. Abney S. Boxley, C. E. Caddy, Walter G. Stephenson and William P. Swartz, Jr.. as members of the Stadium Advisory Committee for terms of two years each beginning January 1. 1959, and Mr. James g. Satterfield, new President of the Touchdown Club, for a term of one year beginning January 1, 1959, There being no further nominations, Mr. John I. Bowman Has reelected as a member Of the Stadium Advisory Committee for a term of two years beginning January 1, 1959, by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber, Young, and the President, Mr, Wheeler ................. NAYS: None ..... ~ ...................... O. Mr. Abney S. Boxley was reelected as a member of the Stadium Advisory Committee for a term of tho years beginning January l, 1959, by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Webber~ Young, and the President, Mr. Wheeler ................. NAYS: None ............................ Mro Co E. Cuddy was reelected as a member of the Stadium Advisory Committee for a term of two years beginning January 1. 1959, by !he following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Mebber, Young, and the President, Mr. Wheeler ................. 7o NAYS: None ............................O° Mr. Walter G. Stephenson mas reelected as a member of the Stadium Advisory Committee for o term of two years beginning January 1, 195g, by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Yebber. Young. end the President. Hr. Sheeler ................. 7. NAYS: Soee ............................ O. ir. lilliam P. Suartz. Jr.. was reelected as a member of the Stadium Advisory Committee for a term of Sue years beginning January 1. 19§9. by the f,Il,ming rote: AYES: Council members Anderson. Corn,Il. Dillard. Pichett. Nebber. Young. and the President. Hr. Wheeler ................. NAYS: None ............................ O. Mr. James M. Satterfield was elected as a member of the Stadium Advisory Committee for a term of one year beginning January 1. 1959. by the following vote: AYES: Council members Anderson. Corn,Il0 Dillard. Pichett. Webber. Young. and the President. Mr. Wheeler .............. NAYS: None ..... : ...................... O. There being no further business. Council adjourned. APPROVED 301 3O2 COUNCIL, REGULAR MEETIhG, abnday, January ~ 1959. The Council of the City of Roanoke net in regular neetin9 in the Council Chamber in the Municipal Building. Monday. January S. 1959. ut 2:00 o'clocR. p, m., the regular meeting hour. with the President. Mr. Rheeler. presiding. PRESENT: Council members Anderson, Cornel1, Dillard, Pickett, Robber. and the President, Mr. Mheeler ........... 6. ABSENT: Mr. Young ............... 1. OFFICERS PRESENT: Mr, Arthur Se Omenk. City Manager. Mr, Randolph G. Mhlttle, City Attorney, Mr. Harry R. Yates. City Auditor, and Mr. Jo Robert Thomas, City Clerk. INVOCAYION: The meeting was opened with a prayer by the Reverend Millard RewJs, Jr.. Associate Minister, Greene Memorial Methodist Church. MINUTES: Copies of the minutes of the regular meetings held on Monday, December 22. lgSO, and Monday. December 29, 1958. having been furnished each member of Council, upon motion of Mrs. Pickett. seconded by Dr. Cornell and adopted, the reading was dispensed with and the minutes approved as recorded. B£ARING OF CITIZENS GPO~ PGRLIC ~ATTER$: CITY BORE: The City Purchasing Agent having heretofore advertised for bids for the use of the old City Home building located at 3053 Colonial Avenue. S. Woo, the City Clerk reported the receipt of one bid from the Roanoke Council for Retarded Children, the bid being for $1.00 per year, the Roanoke Council for Retarded Children agreeing to maintain the property which it proposes to use as a community Day Care Center for the Handicapped. Mr. Anderson moved to refer the matter to the City Manager for consulta- tion with the Roanoke Conncil for Retarded Children to determine Just what use it proposes to make of the property and the extent to which it proposes to use the building, along with related information, and to submit his report thereon to Council. The motion was seconded by Mr. Webber and adopted. PETITIONS A~D COMMUNICATIONS: SEWAGE DISPOSAL: The City Clerk presented a R~solution of the Board of Supervisors of Roanoke County, rescinding a Resolution dated October 20. lg58, requesting that the contract of September 26, 1954. between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 76.52 acre tract of land lying south of Virginia State Route 742 and immediately east of the Veterans Administration Dospital, and substituting therefor a Resolution of the Board of Supervisors requesting that the contract be amended by adding thereto a IT.S acre tract Of the original 76.52 acre tract at the same location, which, in effect, reduces the amount of the acre reqoested for inclusion in the contract from 76.52 acres to 17.8 acres. Council at its meeting of October 27, 1958. having referred the original Resolution of October 20° 1950. to its Sewage Committee for study and recommenda- tion, Mrs, Pickett moved to refer the substitute request to the committee composed of Ressrs, Roy L. #ebber, Chairman, Walter L, Young. Arthur S. Owens end Randolph G, Whittle for study and recommendation. The motion was seconded by Dr, Cornell and adopted. REPORTS OF OFFICERS: WATER DEPARTMENT: The City Manager presented a request of Mr. William Richardson for permission to connect his property at 3747 Forest Road. located in Roanoke County. to a city water main located la Colonial Avenue. S. W.. which would require an easement across property owned by Hr. Eo F. Jamlson. et al.. Rr. Richardson having advised that he has already obtained the necessary easement and mill construct the service line at his own expense and pay the city the proper service connection charges, the City Manager recommendin9 that Council 9rant the request. Mr. Webber moved to direct the City Attorney to prepare a Resolution pro- riding for the permit requested by Mr, Richardson and the waiving of the rules of the Water Department, The motion was seconded by ~r. Dillard and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: PENSIONS: Council at its meeting of December 22, 1950. having tabled unti its meeting of January 5, 1959, a proposal of Dr. Cornell that the body consider establishing a minimum pension payment in the Police and Fire Pension System on the basis of one of the following three alternates: minimum pension payments of $100.00, $90.00 or $00o00, with one-half of said pensions being paid to widows. and. at the same time, having directed the City Auditor to furnish each member of Council with a list of persons now on the pension rolls of the Police and Fire Pension System, showing their years of service prior to retirement, amounts paid monthly to each of them. and the amount it would cost to comply with the suggestio~ of Dr. Cornell, the City Auditor submitted a statement, in compliance with the directive, indicating that the annual cost would be as follows: To establish a minimum pension of $80.00 $4,402.68 To establish a minimum pension of Sg0. O0 $7,159.44 TO establish a minimum pension of $100.00 $10,901.88. all based upon the present pension rolls. Dr. Cornell moved to direct the City Attorney to prepare an Ordieance amending Title III, Chapter 2, of The Code of the City of Roanoke, 1q$6. to providl for a minimum pension under the Police and Fire Pension System of $100.00 per montl for members, with one-half of that amount being provided for widows. The motion mas seconded by Mr. Dillard and lost by the following vote: AYES: Council members Cornell and Dillard .......... NAYS: Council members Anderson, Pickett, Webber, arid the President, Mr. Wheeler .....................................................4. (Mr. Young absent) Dr. Cornell moved to direct the City Attorney to prepare an Ordinance amending Title III, Chapter 2, of The Code of the City of Roanoke, 1956. to provid* 303 304 for n minimum pension under the Police nnd Fire Pension System of $90,00 per month for members, mith one-half of that amount being provided for mldoms, The motion sas seconded by Mr. Dillard and lost by the folloming vote: AYES: Council members Cornell and Dillard .......2. NAYS: Council members Anderson, Pickett, Mebber, and the President, Hr, Mheeler ............................... 4. (Mr. Young absent) Dr, Cornell moved to direct the City Attorney to prepare an Ordinance amending Title III. Chapter 2, of The Code of the City of Roanoke, 1956, to provide for a minimum pension under the Police and Fire Pension System of SDO. O0 per month for members, with one-half of that amount being provided for widows, The motion was seconded by Mr, Dillard and lost by the follosin9 vote: AYES: Council members Cornell and Dillard .......2. NAYS: Council members Anderson, Pickett. Webber, and the President, Mr. Rheeler ............................... 4. (Mr. Young absent) MASTER PLAN: Council at its meeting of Norember 24. 1958. having tabled until its meeting of January 5, 1959. a report from the City Planning Commission, submitting a list of the city's needs for capital improvements which might be accomplished within the next five years, with a view of establishing priorities. at which time the Council members sere requested to submit a list of capital improvements shich in their opinion night be accomplished, shoming the priority they place thereon, for consideration of the body, the matter sas again before Council. Dr. Corneil stated that since the original intent in tabling the matter to consider it after the adoption of the 19§9 budget, shich to date has not been accomplished, action should again be deferred, and moved to table the matter until after the 1959 budget is adopted. The motion was seconded by Mr, Anderson and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES A~D RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 13580. vacating, discontinuing and closing a certain alley lying between Lots 2 and 4 of the William F. Genheimer Map. located on Yellom Mountain Road, So E., having previously been before Council for its first reading, read and laid over, sas again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (~155~0) AN ORDINANCE approving an instrument in writing permanently vacating, discontinuing and closing an unopened alley. 312.0 feet in length, running east and west through an unplatted portion of land sho~n on the Map of Crystal Spring Land Company easterly of and adjacent to Section 72 as shown on said map, (For full text of Ordinance, see Ordinance Book No. 23, Page 176) Mrs, Pickett moved the adoption of the Ordinance: Yhe motion sas seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Webber. nad the President. Hr, Nheeler ............ NAYS: None ...................Oo (Mr. Young ubseni) LOTIONS AND MISCELLANEOUS BUSINESS: PLANNING COMMISSIONS: The City Clerk advised that the term of Nayor Nheeler as a member of the Roanohe Valley Regional Plunnin9 and Economic Develop- ment Commission expired December 31. The Mayor called for nominations to fill the vacancy, the said appoint- ment being for three years. Mr, Webber placed in nomination the name of Vincent S. Wheeler: whereupon the Mayor relinquished the Chair to the Vice Mayor, Roy L, Webber, There being no further nominations, the Chair declared the nominations closed and Mr. Vincent Se Wheeler was elected as a member of the Roanoke Valley Regional Planning and EConomic Development Commission, as the Council representative thereon, for a term of three years ending December 31, 1961, by the following vote AYES: Council members Anderson, Cornell. Pickett, and the Vice President, Mr. Webber ............................ NAYS: Mr. Dillard ............1. (The President, Mr, Wheeler, not voting) (Mr. Y~ung absent) At this point, the Mayor resumed the Chair. ANNEXATION: Dr. Cornell stated that he has been advised that the City ............... ~/- President 305. 306 COUNCIL, REGULAR MEETING, Monday, January 12, 1959. The Council of the City of Roanoke met ia regular meeting In the Council Chamber in the Municipal Building, Honduy, Jnnuary 12, 1959, at 2:00 o'ctoch, p. m., the regular meeting hour. mlth the President, Mc. Mheeler, presiding. PRESENT: Council members Anderson, Cornell, Dillard. Pickett, #ebber, Young. and the President, Mr. Mheeler ABSENT: None .....................O, OFFICERS PRESENT: Mhittle, City Attorney, Mr. Harry R. Yarns, City Auditor. and Mr. J. Robert Thomas, City Clerk. IN¥OCATfO~: The meeting was opened with a prayer by the Rererefld Roy B. Miller, Pastor, Salem Church of Christ. MINUTES~ Copy of the minutes of the regular meeting held on Monduy. January 5, 1959, having been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Dr. Cornell and adopted, the rending was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SLUM CLEARANCE: Council at its meeting of December 1, 1958; having tabled for consideration at its meeting of January 12. lgSg. n request of the City of Roanoke Redevelopment and Housing Authority for the approval of Council of a request of the Authority for nn advance Of funds from the United Staten Government in the amount Of $116.000.00. to be used for preparing studies and plans for tmo urban renemal projects lying immediately to the east and west Of the Commonmealth Redevelopment Project in Northeast, and having agreed to hear opponents at the said meeting of January 12. 1959, the matter was again before the body. Dr. L. E. Paxton appeared before Council as president of the Citizens Protective Association, which is an organization of negro residents in the areas affected, opposing the request of the City of Roanoke Redevelopment and Housing Authority on the basis that to carry out the projects recommended would displace 500 negro families in the area lying to the east of the Commonwealth Redevelopment Project and would bring about the relocation of approximately 2,000 negro families In the Gainsboro area to the west of the Commonwealth Redevelopment Project, Dr. Paxton pointing out that such a mass movement of the negro residents of the areas Invoiced would necessarily cause them to move further to the west and north into white areus, thereby causing those white residents to relocate and bringing about a depreciation of property values, as well as creating tension between the races, that although there mould be no legal requirement for Council to authorize the two projects, or any portion thereof, subsequent to the studies, nevertheless there would remain a moral obligation to proceed with either the whole or a part of the proposed redevelopment if the requested funds were received and expended for the study and plan~ing thereof, that based upon the experience of the handling of the Commonwealth Redevelopment Project by the Redevelopment and Housing Aathority, in which sreo It was prorided that the displaced property owners woald b~ )ermitted to repurchase howe sites in the completed project, and la which, to this date. no properties have been returned to the original owners, it is the opinion of the residents in the proposed new project areas that the Commonwealth Redevelop- went Project venture Is a failure and that the same condition mould result in the two new project areas, that the residents in the proposed two new project areas deny that the majority of their homes are of a substandard or slum nature, admit- ting. however, that there are some hones that fall in this category, but that the owners of these homes are generally willing to bring the properties up to proper ~tandards if the threat of the proposed action of the City of Roanoke Redevelopment and Housing Authority is removed, that those unwilling to bring their properties up to proper standards can be handled under existing laws of the city dealing therewith. Dr. Paxton then presented petitions signed by approximately 060 residents of the areas concerned, opposing the request of the City Of Roanoke Redevelopment and Housing Authority. Mr. Reuben E. Lawson. Secretary of the Citizens Protective Association. also appeared in opposition, reiterating the factors brought out by Dr. Paxton. Mr, E, S. Brown, a negro contractor and resident of the affected areas. appeared and advised Council that based upon the experience of the Commonwealth Redevelopment Project the displaced negro residents would not receive enough for the property taken over by the Redevelopment and Rousing Authority to pay for hem homes, and consequently, if the two new projects are launched, many of them will lose their homes and be forced into rental property because they ore limited in their income due to various economic conditions, a large number of the people being pensioned or widowed, and that those who can acquire new homes will be forced to do so at a cost much greater than the value of their present homes, in consequence of which they will be forced to incur considerable debt. Mrs. Erminie K. Rright appeared before Council and stated that in her opinion urban renewal under the federal plan is legalized property seizure and 'dangerously socialistic. Mr. C. H. Hunter, Attorney, representing Roanoke Valley Real Estate Board. Incorporated. appeared before Council and stated that the members of the Real Estate Hoard, in their normal pursuits, handle ninety per cent of the real estate transfers in the areas proposed for study by the Redevelopment and Housing Authority and that in their opinion there is no need for the proposed study and renewal projects advocated by the Authority, that the present health, safety and housing laws of the state and the city are adequate to bring about standard housing conditions in both areas, where needed, if property enforced by the proper state and local officials, that employment reports indicate that ten per cent of the work force in the city is now unemployed and that the larger portion of this unemployment in the citl is in the negro population which would be affected by the proposed plans, thereby creating an undue hardship on these 307 '308 people who are already suffering economic setbacks, that the members or the Reel Estate Board are of the opinion that betterment of the bones in the areas could end should properly be handled by private enterprise and the Individual property ochers rather than being accomplished by government, that should there tn· uny relocation of the approximately 2,500 families in the proposed areas It would appear certain that a number of them would nova from the city, thereby reducing its.population at · tine when the government, business and industry In the community would be vitally concerned in the 1960 census population count . that in his opinion the proposal to tear out 435 acreas of predominantly residential properties In the heart of the city and at the some time propose annexation of additional areas from the county cannot be Jnstified. Mr. B. B. Harden, a resident of the Villa Heights area, appeared and advised that the mhlte people living fn the far novthmest section are opposed to the proposal of the Redevelopment and Housing Authority, mhlch, in their opinion. is not necessary and can only result in forcing the displaced negro families to more into that area seeking homes, thereby bringing about a depreciation of pro- petty values of the white citizens of the area and creating unnecessary racial tensions. Hr. Harden presented a petition signed by approximately O$O residents and property owners of the northwest section, recording their opposition to the request of the Redevelopment and Housing Authority. Also appearing in opposition were Hr. R. H. Wagner and Hr. A. F. Wagner, residents of the northwest area, supporting the statements nude by Mr. Harden. Mr. R. R. Henley, Executive Director of the City of Roanoke Redevelopment and Housing Authority. appeared and pointed out that the studies as proposed bI the Redevelopment and Housing Authority are for the purpose of determining what needs to be done in the areas to bring about satisfactory use of the properties as between industry, business and residential from a logical land-use point of view, the proper site location for the various uses and the condition of structures within the areas with reference to their [uitabiltty for proposed uses as determined by the study, that in the area to the east of the Commonwealth Redevelopment Project it is proposed to provide an industrial park for primary use of industry and business, with some residential areas remaining, and that in the area to the ~est of the Commonwealth Redevelopment Project. a predomi- nantly residential area with some business is proposed, that the Anthority pro- poses, if Council grants its request, to coordinate all of its activities with the general public through a committee of citizens from the city generally and through civic clubs, etc., in an effort to acquire community support for the projects, that after the completion of the proposed studies it will be necessary to come back to Council for Its approval before the Authority can proceed with renewal projects in the areas or any portion thereof. In answer to a question, mr, Henley advised that there probably would be a requirement for additional public housing in connection with the two proposed projects in order to provide for some of the displaced families. Mr. Anderson then moved to table the matter. The motion nas seconded by Nv. Young. Dr. Cornell offered a substitute motion to deny the request of the City of Roanoke Redevelopment und Housing Authority. The motion mas seconded by Hr. Dillard and adopted, Council members Webber and Young voting no. PETITIONS AND COMRUNICATIONS: ZONINg: The City Clerk presented a communication from Charles W. uad Tlmpie E. Sherrlll, requesting that their property located on the southeast side of Franklin Road, S. R., approximately dO0 feet westerly from Deechmood Drive, being a portion of Official Tax No. 1300401, be reaoned from General Residence District to Business District. Mrs. Pickett moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Dr. Cornell and adopted. SYREEY LIGHTS: The City Clerk presented a report of the Appalachian Power Company, showing the installation of nine 2500 lumen street lights in the city during the month of December, 1958. Mr, Young moved to file the report. The motion was seconded by Mr. Anderson and adopted. BOARD OF ZONING APPEALS: Yhe City Clerk presented a report of the Board of Zoning Appeals, covering its activities for the calendar year lqSO. The report was ordered filed. REPORTS OF OFFICERS: ARMORY: The City Manager advised that he needs to employ technically qualified personnel to prepare plans and specifications for air conditioning the National Guard Armory before he can properly call for bids thereon, and requested that such authority be granted. Mr. Webber moved to direct the City Attorney to prepare a Resolution complying with the request of the City Manager. The motion was seconded by Mr. Young and adopted. REPORTS: The City M~nager submitted a report of the Department of Public Welfare for the month of November, 1959, and reported other departmental reports on file in his office, Tho report was ordered filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF GLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SCHOOLS-PARKS AND PLAYGROUNDS: Council at its meeting of December 29. 195H, having directed the preparation Of an Ordinance providing for the transfer Of approximately seven and one-half acres of land in Shrine Hill Park to the Board of Visitors of Virginia Polytechnic Institute us a site for the proposed Roanoke Technical Institute, Mr. Young moved that the following Ordinance be placed upon its first reading: 310' (SlSSO4) AN ORDINANCE authorizing and directing the proper Cit~ Officials to prepure, execute und deliver a deed conveying unto the Board of Visitors of the Virginia Polytechnic Institute ? 1/2 acres, more or less, situate in the southern portion of Shrine Bill. RHEREAS, this Council, by its Resolution No. 13294, adopted on the 20th' day of January, 1956, recognized the need for the establishment of a technical institution ia the City of Roanoke to be operated by the Virginia D~partment of Eduction through the Virginia Polytechnic Institute and did therein, inter alia, inform the General Assembly of Virginia of Its attitude in the premises; authorize the doing of certain things calculated to foster the establishment of such an institution; and evidence this Council's mllliuguess to support the same within its abilities, financially and otherwise; and NHEREAS, the aforesaid General Assembly enacted, on March 4, 195fl, House Bill No. 413 (Chapter 179 of the Acts of the General Assembly of Virginia) which provided for the establishement of such a technical institute Jn the City Of Roanoke under the supervision of the Virginia Polytechnic Institute in cooperation with the State Hoard of Eduction and provided the terms and conditions instant thereto; one of which terms and conditions being that *The City of Roanoke shall provide a suitable site without cost to the State and assume an appropriate share of the cost of operation. For such purpose the city may accept and expend gifts and donations from private individuals, firms, corporations and organizations, which shall be considered for the purpose of this section as a contribution On the part of the city**; and NREREAS, the aforesaid General Assembly did, also, include in its budget for the Virginia Polytechnic Institute for the biennium lgSD-1960. *Item For preparing site and preliminary plans for a 2-year technical institute in Roanoke, Virginia - - $50,000'; and WHEREAS, at the direction ~f the Board of Visitors of the Virginia Polytechnic Institute, Dr. Malter 5. Newman, President Of said institution, did. on or about the 20th day of May, 195B, cause a committee to be appointed for the purpose of carrying out the purposes contemplated by the aforesaid House Bill 413, which said committee is shown as the *Subcommittee of the Board of Visitors of VPI for the Roanoke Technical Institute* and the personnel thereof follows, viz.:- G. L. Furr, Rector Of the Virginia Polytechnic Institute;E. B. Lane. member Of the Board of Visitors Of the Virginia Polytechnic Institute; Leonard Muse, member of the State Board Of Education; Wal~er L. Young, member of the Council of the City of Roanoke; Richard T. Edwards. member of the Roanoke City School Board; and Roy C. Herrenkbol, Chairman, member at large; and WHEREAS, on the llth day of July. 195H, the aforesaid subcommittee recommended to this Council that a tract of land in the southern portion of Shrine Hill. consisting of 7 1/2 acres, more or less, as shown by a plat prepared by Smithey and Boynton, Architects, be conveyed by the City Of Roanoke to the Board of Visitors of Virginia Polytechnic Institute for the site of the Roanoke Technical Institute; and WHEREAS, this Council, et ltl meeting of July 14, 1958, requested the City Plnnnlng Commission to study and recommend · tract of land ns a site for the aforesaid Roanoke Technical Institute; end WHEREAS, the aforesaid Planning Commission did, on December 4, lgSB, report, in writing, to this Council that, while its first choice, as a site for the aforesaid Roanoke Technical Institute, did not lie mithln the Shrine Hill property, nevertheless, it recommended, as its second choice for the site thereof, a portion of such property. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Attorney be. and he is hereby, directed to prepare a deed of bargain and sale pursuant to which the City Of Roanoke conveys unto the Board of Visitors of the Virginia Polytechnic Institute. for a token consider- ation, with covenants of special warranty, the following described real estate located in the southern portion of the Shrine Hill property and situated in the City of Roanoke to be used as a site for the Roanoke Technical Institute, viz.: BEGINNING at a point on the eastern boundary line of Lot HO, 11, Block No. 10, Map of Grandin Court Annex. ns of record in Deed Book 471, page 442. in the Clerk*s Office of the Circuit Court of Roanoke County. Virginia, said point bein9 N. 35o Og' H. 10.57 feet from north line of Oregon Avenue at its present terminus and, also, on the north line of the proposed Blenheim Extension at its beginning; thence, learin9 said point of beginning with a line along the eastern boundary of said Lot No. 11. Block No. 10. Map of Grandin Court Annex. N. 35° OH* W. 430.13 feet to a point; thence, with two new division lines through and across the pro- perty of the City of Roanoke, Virginia, N. 54° 52* E. 475.0 feet to a point; thence, S. 87° 08" E. 495.29 feet to a point on the westerly line of the proposed Blenheim Extension; thence, with the said westerly line of the proposed Blenheim Extension, the following three courses: first, S. 20° 5B* W. 71.10 feet to a point; thence, on a curve to the right with a radius of 875.196 feet (and a chord bearing and distance of S. 47Q 24' W. ?79.18 feet) an arc distance of 60?.54 feet to a point; thence, S. 73° 50' W. 27,21 feet to the place of BEGIN- NING, and containing 7.36 acres, more or less, subject to a 15-foot public utility easement at the extreme westerly boundary of said property. and as shown on Plan Ho. 4360. prepared in the Office of the City Engineer, Roanoke, Virginia, under date of January fl. 1959. and on file in the aforesaid Engineer*s Office. 2. That, upon the preparation of the aforesaid deed. the Rayor of the City of Roanoke be. and he is hereby, authorized and directed to execute the same, for and on behalf of the City of Roanoke, and the City Clerk is hereby directed to attest such execution, affixing the City's seal thereto, and, there- after, deliver said deed unto Dr. Walter S. Newman. President of the Virginia polytechnic Institute, or to whomsoever said President may direct. Mr. Roy Co Herrenkohl, Chairman of the Subcommittee of the VPI Board of Visitors for the Roanoke Technical Institute, appeared before Council, along with Messrs. R, To Edwards and Leonard Go Muse, two other members of the committee, and advised that his committee has examined a considerable numSer of sites in the city on which the Institute might be located, including the site which the City Plannin Commission has stated that Mrs. W. H. Bottom, through her attorney, has offered to give the city, said site containing approximately ten acres of land and being 311 3:L2 adjacent to the Forest Park School on Reit*se Avenue, N, M,, and that after con- sidering all of the sites which appeared suitable and available the committee has again concluded that the Shrine Hill site is the only site suitable rot the location of the Institute which it feels is economically feasible, that when the matter was before the City Planning Commission a considerable number of residents of the Shrine Hill area opposed the location of the Institute on that site because of a considerable amount of misinformation mhich had gotten to them, Mr. Herrenkohl pointing out that the proposed Roanoke Technical Institute would be operated by the Board of Visitors of Virginia Polytechnic Institute and would offer two year courses in technical subjects, such as engineering, similar to those offered in the first two years at VP1, that entrance requirements to the Institute would be the as those for VPI. that the VPI Doard of Visitors has adopted a policy that the Institute would be operated under the same policies as are the schools of the City of Roanoke. that the purpose of the Institute is to provide trained technicians for.industry in and around the City of Roanoke to meet a very real need. that the In~itute would in no way be a trade school, but, rather, a college level instructJot course, although no college credits would be granted because of the specialized instruction, that the students in the Institute would be drawn from the City of $300.00 each in tuition, representing approximately one-third of the operating cost of the Institute. the balance of the operating cost to be paid one-half by the State and one-half by the local governments of the areas from which the students are residents, the local governments' cost to be reduced by such contributions as might be received from business and industry, Hr. Herrenkobl advising that his committee is convinced that business and industry would underwrite ,be entire local government cost. Mr. Herrenkohl stated.that in considering the Horton property site the committee was advised by its architects that the topography of the proposed ten acre tract is such that approximately 40.000 cubic yards of rock and dirt would have to be moved in grading operations to make available an actual building site of three and one-half to four acres at an estimated cost of $100,000.00. which. in the opinion of the committee, is excessive, also, that the topography of the land would restrict expansion of the Institute in the future, that the old City Home farm site was considered by the committee, but that the committee was advised that the said site is designated for school use. that other suitable sites which were considered were eliminated because of the excessive cost of the property which is privately owned, that the committee faces a tight schedule in completing a site selection and preparation of preliminary plans for the Institute in time for submission of a report to the General Assembly in its 1960 session, at which time the committee hopes that the General Assembly will appropriate the necessary funds for the erection of the necessary buildings and the purchase of equipment for the Institute. which is estimated to cost slightly under $1,000,000.00. In response to a question, Mr. Herrenkohl advised that information in the hands of the committee indicates that 15~ of the boys graduating from high schools ia the area desire to enter the Institute as students regardless or the economic condition of the families, and, in consequence, the committee has concluded that the majority of the students in the proposed Institute mould come from the southuest area of the city, based upon the graduating classes of the schools la the area mhfch the Institute would corer. la answer to on additional question, he stated that no common usage of facilities in the city's public schools to be located in Shrine Hill Park Js contemplated. Hr. G. South Dunn of the Appalachian Pouer Company appeared before Council and ~tnted that his company is very much interested in the establishment of the Roanoke Technical Institute in Roanoke for the reason, that the type. of technicians which will be trained thereat are not readily available in the community and that both his company and other industries and businesses in the coemunity are forced to go outside of the state to recruit such services or. to use graduate eugineers on murk that could be performed by such technicians, Hr. Dona pain*Jug out that to his knouledge the city has lost industry because Of the lack of such technicians available for hire. Mr. Mo lebb Hamill, a resident of the Shrine Hill area, appeared before Council, along mitb approximately 2S other residents, in opposition to the proposed Shrine Hill site, Mr. Hamfll pointing out that they had purchased their homes adjacent to and near Shrine Hill Park with the understanding that Shrine Hill mould be developed for use as a park and recreational area and as a site for an elementary school and high School operated by the Roanoke City School Board, that the age group in the Institute makes it undesirable to locate the said Institute adjacent to a high school uhere both,would be operating night and day neighborhood, Hr, Homill pointing out that the accident rate of boys driving by the Insurance rates on automobiles operated by them, that there are no area for use of students at the Institute, and that if such facilities mere provided, it uould tend to depreciate the value of the residential properties in the.neighborhood, that the site is not easily accessible to all sections of the clty, arid, in his opinion and that of his neighbors, is not easily accessible to the areas from mhich most of the students at the Institute would come, Rt. Hamill disagreeing math the statement that most of the students would come from the southmest area, it being his .opinion that most of the people residin9 in the southwest area mould Send their children to accredited colleges, that there is no assurance the Institute would continue to be operated on a college level, that an[ riffle In the economy of the country might easily change the Institute to a trade school, all of which would have a detrimental effect o~ the values of the residential properties surrounding Shrine Hill Park, that Dr. Walter S. Newman, President of Virginia Polytechnic Institute, stated at the hearing 313 3~4 before the City Planning Commission that VPI.preposes to ask the Roanoke City School Board for Joint use of the high school gymnasium and athletic facilities. Mr. J. Gleauood Strfckter, e resident of the Shrine Hill area, appeared and advised Council that he is in myer of the Institute being established is Roanoke, but is opposed to Its location ia Shrine Hill Park adjacent to the new city high school to be constructed therein because of the difference in the ages of the boys attending the Institute end the girls attending the high school, Strickler stating that Jn his opinion the mixing of these tug groups mould have a detrimental effect on the morality of the high school girls. In response to · question from Council, Hessrs. L. P. Smithey. ond H. B. Boynton, Architects, advised the body that their firm has estimated the. cost of necessary grading on the Rotten site and the Shrine HIll site, the results being $35,000.00 to $50.000.OO for the Herren site and $10,000.O0 for the Shrine Hill site. MFs. Pickett then offered · substitute motion to accept the generous offer of HFS. W. H. Xorton, and after the conveyance of the land to the city. that the proper officials be authorized to convey this property, for a nominal fee, to the Hoard of ¥isitors of Virginia Polytechnic institute as a site for the Roanoke Technical Institute. The motion was seconded by Hr. Dillard and lost by the folloming vote: AYES: Council members Cornell, Dillard and pickett ..........3. NAYS: Council members Anderson, Webber, Young, and the President, Hr. Wheeler .................. 4. Mr. Dillard then moved to refer the matter back to the City Planning Commission for further study and consultation with Mrs. Rorton, or her attorney, to determine whether a more suitable site on the Herren property can be acquired by donation, and to report thereon. The motion was seconded by Dr. Cornell. Mr. Young them offered a substitute motion to place the above Ordinance upon its first reading. The substitute motion of Hr. Young was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Webber, young, end the President. Mr. Rheeler ...................... 4. NAYS; .Council members Cornell. Dillard and Pickett .......... WATER DEPARTMENT: Council at its meeting of January 5. 1959, having directed the preparation of a Resolution waiving the provisions of the Rules and Regulations of the Water Department and granting a permit to Mr, William R. Richardson to connect his property at 3747 Forest Road. $. ~., to the mater main in C~lonial Avenue, Mr. Anderson offered the folloning Resolution: (m135gS) i RESOLUTION authorizing the Water Department to install a mater connection to serve the residence lot of W. R. and Lillian D. Richardson in the Jefferson Hills Subdivision Of Roanoke County. (For full text of Resolution. see Resolution Rook No. 23, Page. l?H.) Mr. Anderson moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, Young, and the President, Mr. Mheeler ..................... ?. NAYS: None ................................O. MOTIONS AND MISCELLANEOUS BUSINESS: ZONING: Mr. George E. Lester, Jr.. appeured before Council end preseoted n request thst his property, being Lets !-5. loclusire. Bloch 35. West End and Rlvervieu, located on the south side of Patterson Areooe. S. W.. hetweeo Nine- teenth Street ood Twentieth Street. be resoaed from General Residence District to Light Industrial District. oloag with a request Of Mr. Kerwit W. pIymale that his property, being Lots ? and B. Bloch 3S. West End and Rlvervieu, at the same location, be rezoaed from General Residence District to Light Industrial District. Or. Coraell moved to refer both requests to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Oillard and adopted. RECREATION DE~ETMENT: Mayor Nheeler stated that he. as well as other members of Council, has received numerous complaints from citizens objecting to the city denying the use of streets for sleigh riding purposes during suitable snow periods, and requested that Council establish a policy permittin9 use of certaio designated streets in various areas of the city for that purpose onder the supervision and control of the city. The City Manager advised that up until 1955 sleigh riding was permitted on certain streets, bat that at that time, at his request, Council appropriated funds for the construction of ramps and preparation of sleigh riding areas in various parks of the city. after the accomplishment of which he prohibited sleigh riding in the streets, although he is empowered to permit such activities under Section 11, Chapter 1, Title l¥1I, of The Code of the City of Roanoke. 1956. and will arrange to do so if Council establishes such action as its policy, since he construed the action of Council in 1955 as establishing a policy prohibiting sleigh riding in the streets. Mr. Young moved to request the City Manager to permit sleigh riding in certain streets to be selected by him, provided that in no instance shall sleigh riding be permitted on any street which is not entirely and completely blocked for use by traffic of any description in such a .ay as to provide a maximum amonnt of safety for the children sleigh riding thereon and that such activities shall be under the supervision and control of the proper city departments from a police and recreational standpoint. The motion was seconded by Dr. Cornell and adopted. BUDGET: The Mayor advised Council that it will be necessary to complete the work on the 1959 budget and adopt same in order that municipal activities might not be hampered and the members of Council agreed to meet at 2:00 o'clock, p. m., Wednesday, January 14, 1959, for consideration of the budget; whereupon, the meeting was adjourned until 2:00 o'clock, p. n.. Wednesday, January 14, 1959. APPROVED 315 316 COUNCIL, ADJOURNED REGULAR MEETING, Wednesday, January 14, 1959. The Council of the City of Roanoke met In an adjourned regular meeting Jo the Cooncil Chamber in the Municipal ~uilding. Ye~nesday. J~nuary 14. 1959. at 2:00 o'clock, p. m.. with the President. Mr. Mheeler. presiding. PRESENT: Cpun~il members Anderson. Corn*Il. Dillard. Pickett. Webber. Young, and the President, Mr. Mheeler ............. ABSENT: None ....7 ........................ O. OFFICERS PRESENT: Mr. Arthur S. Ouens. City Manager. Mr. Harry R. Yates. ~ity Auditor. and Mr. J. Robert Thomas. City Clerk. BUDGET: Council having adjourned its meeting of January 12. 19~9. until 2:00 ,*clock. p. m.. ~anuary 14. 1959. for the purpos? of considering the 1959 budget. On which it has held numerous study sessions, the City Manager reported that the budget contains raises for forty salaried employees and forty-six hourly paid employees, recommended by him. in the management control rates of the Salary and Nag* Plan. uhich require the approval of Council. and requested that Council. by Resolution, approve those salary and wage increases. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following Resolution: (n13566) A RESOLUTION approving increases in salaries and wages into management control rates under the Salary and Wage Plan. Ordinance No. 13298. as recommended by the City Manager. (For full text of Resolution. see Resolution Book No. 23. Page 179.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the President, Mr. Wheeler ................. NAYS: None--~ .........................O. The City Manager then reported that Council. in its budget study sessions, has previously approved two new classifications for the Salary and Wage Plan and recommended the adoption of an Ordinance providing for the necessary amendment to said Plan in order that the ne~ positions might become effective along with the budget, Rt. Anderson moved to concnr in the recommendation of the City Manager and offered the fol'lowing emergency Ordinance: (=135B7) AN ORDINANCE adding two classifications to the Salary and Rage Plan: changing the salary schedule for Fire Dispatchers; and providing for an emergency. (For full text Of Ordinance. see Ordinance Book No. 23. Page IDl.) Mr. Anderson moved the adoption of the Ordinance. The motion was seconded b~ Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cocnell, Dillard, Pickett. Webber, Young. and the President, Hr. Wheeler ................. NAYS: None ............................O. It appearing that after completion of the studies and the revision of the City Nannger*s recommended budget the total estimated revenue for the General Fund of the city for the year 1959 is $13,508,478,00, and the City Auditor advising that there will be approximately $1.500.000.00 balance in the General Fund as of December 31, 1958, providing a total of approximately $15,000,000,00 subJect to appropriation, and the final revised budget expenditures being $14,425,865o79, Mr. Anderson offered the following emergency Ordinance providing for the appropriations from the General Fund for operation of the Municipal Government during the year 1959: (=135B8) AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning January 1, 1959, and ending December 31, 1959: and declaring the existence of an emergency, (For full text of Ordinance, see Ordinance Book No, 23. Page lB2,) Mr, Anderson moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Pickett, Webber, Young, and the President, Mr. Wheeler ................. ?. NAYS: None ............................O. The estimated revenues for the Water Department for the year 1959 being $1,286,561.19 and the total estimated expenditures therefrom for the operation of the Water Department being $1,281,245.03 and an additional $150,000.O0 for replacement from the cash reserve created therefor, Mr. Webber offered the follow- lng emergency Ordinance: (=13569) AN ORDINANCE making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1959, and ending December 31, 1959; and declaring the existent of an emergency, (For full text of Ordinance, see Ordinance Book No, 23, Page 200,) Mr. Webber moved the adoption of the Ordinance, The motion was seconded by Mrs. Pickett and adapted by the following vote: AYES: Council members Andersou, Cornell, Dillard, Pickett, Webber. Young, and the President, Mr, Wheeler ................ NAYS: None ...........................O. The estimated revenues for the General Fund of the Semage Treatment Plant for the year 1959, as revised, being $446,600.00, and the proposed expenditures therefrom being $444.992.50, plus $20,000.00 for replacement from the cash reserve created therefor. Wv. Young offered the foil*ming emergency Ordinance: (~13590) AN ORDINANCE making appropriations from the Sewage Treatment General Fund and the Semage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1959, and ending December 1959; and declaring the existence of an emergency. 317 318 (For full text of Ordinance. see Ordinance Book No 23. Page 203.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Nebber. Young. and the President, Mr, Wheeler ................. 7, NAYS: None ............................ O, There being a, further business. Council adjourned. APPROYED resI ent COUNCIL, REGULAR MEETING. Monday, January 19, 1959. The Council of the City of Roanoke met la regular meeting la the Council Chamber ia the Municipal Building. Monday. January 19,~ 1959, at 2:00 p. m., the regular meeting hour, with the President. Mr, Rheeler, presiding. PRESENT: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President. Mr. Wheeler .... ASSENT: None ....................O, OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. Randolph Whittle. City Attorney, Mr. Barry R, Yates, City Auditor, and Mr, J, Robert Thomas, City Clerk. INVOCATION: The meeting was opened mith a prayer by Dr. M. Lo Minnick, Pastor, College Lutheran Church, MINUTES: Copy of the minutes of the regular meeting held on Monday, January 12, 1959, having been furnished each member of Council. upon motion Of Mr, Young, seconded by Mr. Anderson and adopted, the reading mas dispensed with and the minutes approred as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m.. January 19. 1959. in the Council Chamber. on the request of Beatrice Leonard Gusler and Ethel Leonard that a 9.56 acre tract of land bordering on Benoington Street, Mount Pleasant Boulevard and Rutrough Road, S. E., Official Tax No. 4250202, be rezoned from General Residence District to Light Industrial District, and notice of the hearing having been published in The Roanoke World-News on January 2, 1959. and the City Planning Commission having previously recommended that the request be granted, the hearing was held at which no one appeared in opposition. Mr. Barry N. Lichtenstein. Attorney for the petitioners, appeared before Council and requested that Council concur in the recommendation Of the City Planning Commission. Mr. Dillard moved that Council concur in the recommendation of the City Planning CommisSion and that the following Ordinance be placed upon its first reading: (m13591) AN ORDINANCE to amend and reenact Title X¥, Chapter 4. Section i, of The Code of the City of Roanoke, 1956, in relation to Zoning. RBEREAS, application has been made to the Council of the City Of Roanoke to hare property bordering on Bennington Street, Mount Pleasant Boulerard and Rutrough Road. S. E.,being a 9.56 acre tract of land. rezoned from General Residence District to Light Industrial District; and RHEREAS, the City Planning Commission has recommended that the whore parcel of land be rezoned from General Residence District to Light Industrial District as requested; and 320 NBEREAS, notice required by Title X¥. Chapter 4, Section 43. of The Code of the City of Roanoke, 1956. relating to Zoning, has been published in "The Roaooke ¥orld-News', n newspaper pabllshed lo the City of Roanoke, for the time required by said section; nod MREREAS,.the hearing as provided for in said notice published in the said neespaper mas held on the 19th day of January. 1959..at 2:00 o'clock, p. m.. before the Council of the City of Roanoke in the Council Chasber ia the Municipal Building, at which hearing property owners and other interested parties ia the affected area were given an opportunity to be heard both for and against the proposed rezoning; and MBEREAS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned us requested. TBEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title XV. Chapter 4. Section 1. of The Code of the City of Roanoke, 1956. relating to Zoning, be amended and reenacted in the following particular aa~ no other, viz.: Property bordering on Bennington Street, Mount Pleasant Boulevard and Rutrough Road, S. E,, being a 9.56 acre tract of land, designated on Sheet 425 of the Zoning Map as Official Tax No..4250202, be, and is hereby, changed from General Residence District.to Light Industrial District and the ~oning Map shall be changed ia this respect. The motion wes secooded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Robber, Youngo and the President, Mr. Mheeler .......... NAYS: None ............................ ZONING: A public hearing having been set for 2:00 o'clock, p. m,. January 19, 1959, in the Council Chamber, on the request of Mr. Charles C. Flora, et al.. that their property lying on the north side of Franklin Road, S. being Lots 1-?, inclusive. Block 1, and Lots 1-3, inclusive. Block 2, Section 1. Beechwood Gardens, be rezoned from General Residence District to Business District and notice of the hearing having been published in The Roanoke World-News on January 2. 1959. and the Citl Planning Commission having previously recommended that the request be granted, the hearing was held at which no one appeared in opposition. Mr. Tom Stockton Fox, Attorney for the petitioners, appeared before Council and requested that Council concur in the recommendation of the Citl Planning Commission. Mrs. Pickett moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinacce be placed upon its first reading: (x13592) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. MHEREAS, application has been made to the Council of the City of Roanoke to have property lying on the northerly or westerly side of Franhlio Road, S. Jn the City of Roanoke. being Lots I through ?, inclusive, Block 1. and Lots 1 through 3. inclusive. Block 2, Section One, according to the Rap of Beechwood GardenS. of record in the Hustings Court Clerk's Office for the City of Roanoke. Virginia. in Deed Book 754, Page 455, rezoned iron General Residence District to Business District;and RREREAS. the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Rusiness District as requested; and WHEREAS. notice required by Title XV. Chapter 4, Section 43. of The Code of the City of Roanoke. 1956. relating to Zoning. has been published in 'The Roanoke Rorld-Neus#. anewspaper published in the City of Roanoke, for the time required by said section; and RHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 19th day of January, 1959, at 2:00 o'clock, p. m.. before the Council of the City of Roanoke in the Council Chamber in the Municipal Building at mhich hearing property owners and other interested parties in the aSSented area were given an opportunity to be heard both for and,against the proposed rezoning; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title X¥, Chapter 4. Section l, of The Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the follomin9 particular and no other, viz.: Property located on the northerly or westerly side of Franklin Road, S. in the City of Roanoke, described as Lots I through 7, inclusive, Block l, and Lots I through 3, inclusive, Block 2, Section One, according to the Map of Beechwood Gardens, of record in the Hustings Court Clerk*s Office for the City Roanoke, Virginia, in Deed Book 754, Page 455, designated on Sheet 12g of the Zoning Map as Official Tax Nos. 1290213, 1290214. 1290215.1290216, 1290217, 1290218, 12g0219, 1290121, 12qO120 and 1290119, be, and is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. · The motion wasseconded by Mr. Webberand adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler---~ .... : NAYS: None ...................O. ZONING: A public hearing having been set for 2:00 o'clock, p. m., January lg, 1959, in the Council Chamber. on the request .of the City of Roanoke Redevelopment and DousingAuthority that certain properties in the Commonwealth Redevelopment Project area be rezoned to comply with the subdivision plan of that area, and notice of the hearing having been published in Yhe Roanoke World-News on January 2, 1959. and theCity Planning Commission having previously recommended that the request be 9ranted, the hearing was held at.which no one appeared in opposition. ':321 _322 Councilbavlng previously directed the City Ranager and the City Attorney to check the descriptions of the property involved nad to report on the accuracy thereof, their report was aubnJtted, advising that the property In question has been properly described by the City ut Roanoke Redevelopment and Housing Authority. #r. Tom Stockton FOx. Attorney for the petitioner, appeared before Council and requested that Council concur in the recoumendation of the City Planning Commission. Mr. Young moved that Council concur In the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (#13S93) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956. in relation to Zoning. RHEREAS, application has been made to the Council of the City of Roanoke by City of Roanoke Redevelopment and Housing AuthoFlty, pursuant to the agree- ments betueen the City of Roanoke and City of Roanoke Redevelopment and Housing Authority of June O. lq$§, and December 1§. 19§?, wherein is included provision for rezonlng of certain areas within the boundaries of tho Commonwealth Redevelop- neat Project area, to have the properties andareas heFeinafter described reaoned as hereinafter set forth; and WHEREAS, the City Planning Commission has recommended that the hereinaft~ described properties be rezoned as requested and as hereinafter set forth; and WHEREAS, notice required by Title XV. Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning. has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notioe published In said newspaper was held on the 19th day of January, 1959, at 2:00 o'clock, p. m., before the Council of'the City of Roanoke in the Council Chamber in the Municipal Building. at which hearing property o~ners and other interested parties in the affected area were given an opportunity to be heard both for and against the said WHEREAS. this Council, after considering the evidence presented, is of the opinion that the said property mud areasshould be rezoned as reqaested. THEREFORE, BE XT ORDAXNED by the Council of the City of RoanoKe that Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 195b, relating to Zoning. be amended and reenacted in the following particular and no o~her, via.: Property in the Commonwealth Redevelopment Project area in ~be Northeast Section of the City of Roanoke. Virginia, hereinafter described, designated on Sheets 301, 302 and 202 of the Zoning Map, is hereby changed, and the Zoning Map shall be changed, in this respect, as folio#s: Area bounded by Orange Avenue on the North, by the Commonwealth Redevelopment Project boundary line vest of Second Street on the Mast, by CourtlandRoad and Williamson Road on the East, and by Madison Avenue on the South, from Business and Ceneral Residence District to General Residence District. Area bounded by Orange Avenue on the North, the Commooueolth Redevelopment Project boundary line on Fifth Street and east of Fifth Street and the east side or Fifth Street and the Commonwealth Redevelopment Project boundary line on the east side of Commonwealth Avenue aa the East. by Rutherford Avenue on the South. and by Wllliamson Hoed on the West. from General Residence. Special Residence and Business District to Business District. Area bounded by Madison Avenue on the North, Third Street on the East. by Comnonmealth Redevelopment Project boundary line west of Second Street and the Commonwealth Redevelopment Project boundary line along the west side of Second Street on the West, by Patton Avenue on the South. from Special Residence and Business District to General Residence District. Area bounded by Madison Avenue on the North, by Third Street on the Nest, by Hilliamson Road on the East, and by Wllliamson Road on the South, from Special Residence and Business District to Special Residence District. Area bounded by Rutherford Avenue on the North. by the Commonwealth Redevelopment Project boundary line in the center of Fourth Street and by the east side of Fourth Street on the East, by Patton Avenue and the extended south line of Patton Avenue on the South. from Special Residence and Business District to Business District. Area bounded by Patton Avenue and extended south line of Patton Avenue on the North, by Fourth Street on the East. by Gilmer Avenue on the South. and the west side of Third Street and extended side of Third Street on the Hast. from Special Residence and Business District to Business District. Area bounded by Patton Avenue on the North, by Second Street on the Mast. by CJimer Avenue on the South. and by the west side Of Third Street and the extended west side of Third Street on the East. from Business District to Business District. Area bounded by the north line of the alley between Cilmer and Patton Avenues west of Second Street on the North, by the Commonwealth Redevelopment Project boundary line west of Second Street and Milliamson Road on the West. by Wells Avenue on the South, and by Second Street on the East. from General Residence and Business District to Business District. Area bounded by Gilmer Avenue on the North. by Fourth Street on the East. by Shenandoah Avenue on the South and by Second Street on the Hast, from Business and Light Industrial District to Business District. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber. Young, and the President. Mr. Wheeler ........ 7. NAYS: None ...................O. STREETS AND ALLEYS: A public hearing herin9 been set for 2:00 o'clock, p. m., January lO. 195g. in the Council Chamber. on the request of the City of Roanoke Redevelopment and Dousing Authority that certain streets and alleys, and portions of certain streets and alleys, in the Commonwealth Redevelopment Project area, be vacated, discontinued and closed in conformity with the subdivision plan of that area. and notice of the hearing having been published in The Roanoke World-News on January 2, 1959. and the City Planning Commission having previously recommended that the request be granted, and a Board Of Viewers appointed by Council having reported that no inconvenience would result to the public or to any person by reason of the vacation of the said streets and alleys, the hearing was held at which Ers. W. G. Nelson. Jr.. appeared and objected to the closing of HcDowell Avenue, ~. E., between Hllltamson Road and Fifth Street, for the reason that persons use the said street for ingress and egress to the area to the east thereof. Mr. Tom Stockton Fox, Attorney for the petitioner, appeared before Council and advised that the closing of the said streets and alleys is necessary in order that the subdivision plan of the said area can become effective. Mr. Fox stating that there are ample means of ingress and egress to the area in which Mrs. Nelson is concerned and requesting that Council concur in the recommendation of the City Planning Commission. 323 324 Mr. Young moved that Council concur in the reconmendatlon or the City Planning Commission and that the following Ordinance he placed upon its first rending: (n13594) AN ORDINANCE vacating, discontinuing and closing certain alleys end portions of alleys, streets and portions of streets, in the Northeast Section of the City of Roanoke. Virginia, in what is knonn as the Commonwealth Redevelop= ment ProJect. generally hounded by Orange Avenue on the North. by Shenandoah Avenue on the South. by Second Street, N. E., on the Rest. and by Fifth and Fourth Streets on the Cast. RHERCAS. it appearing to the Council of the City of Roanoke. Virginia, upon the petition of the City of Roanoke Redevelopment and Housing Authority, that the said petitioner did duly and legally publish, as required by law, a notice of the application to the Council of the City of Roanoke to close the hereinafter described alleys and portions of alleys, streets and portions of streets, the publication of which was hud by postin9 a copy Of the said notice in the Court Room of the Hustings Court for the City of Roanoke and ut two other public places in the City of Roanoke on November 4. Ig$?, the first day of the November Term of the Hustings Court for the City of Roanoke. us provided by law. all of which was verified by the affidavit appended to the petition and the return made on the original copy of the said notice by the Sergeant for the City of Roanoke, said petition of the City of Roanoke Redevelopment and Housing Authority, addressed to Council, having been presented to Council, requesting that the hereinafter described streets and portions of streets, alleys and portions of alleys, be formally vacated, discontinued and closed; and NHEREAS, it appearing to Council that more than five days did elapse after the publication of the hereinahove described notice, and Council considered the petition Of the applicant to vacate, discontinue and close said streets and portions Of streets, alleys and portions of alleys, as hereinafter described; and RHCREAS. the petitioner did request that not less than three viewers be appointed to view said streets and portions of streets, alleys and portions of alleys, proposed to be vacated, discontinued and closed, and that their report. in writing, as required by law, be filed by said viewers, and a public bearing held thereon, after due notice given, as required by law. to the owners Of the properties abutting upon the said streets and portions Of streets, alleys and portions of alleys; and RHEREAS, by Resolution adopted by the Council of the City of Roanoke, ¥irgiflia, on November 25, 1957, No. 13245, Messrs. R. Y. Fowlkes, T. Howard Boyer, N. W. Carrtngton, Dewey R. Robertson and J. T. Kirklnnd, any three of whom might act. freeholders of the City of Roanoke, were appointed us viewers to view the hereinafter described streets and portions Of streets, alleys and portions of alleys, nod to report, in writing pursuant to law, whether or not, in their opiniot any, and if any, what inconvenience would result from vacating, discontinuing and closing the hereinafter described streets and portions of streets, alleys and portions of alleys, in the Commonwealth Redevelopment Project area in the Northeast Section of the City of Roanoke, Virginia; and 325 MHRREAS. written report was filed by said viewers, signed by the five viewers so appointed, wherein they reported that they hod viewed said streets end portions of streets, alleys nod portions of alleys, hereinafter described. proposed to be closed, vacated and discontinued, in order that said streets and portions of streets, alleys ood portloos of alleys, might be re-located, and abet said viewers did find that. in their opinion, no inconvenience will result to the public and oma,rs of the properties withfo the ProJect area or the property owners abutting upon said streets and portions of streets, alleys and portions of alleys. from discontinuing, vacating and closing the said streets and portions of streets. alleys and portions of alleys; end WHEREAS, by Motion adopted by the Council of the City of Roanoke, Virginia, on the 22nd day of December, 1950, it was provided that notice be given, as required by law. that a public hearing would be held by the Council of the City of Roanoke, Virginia. on the 19th day of January, 1959, in the Council Room. in the Courthouse, in the City of Roanoke. Virginia. to receive the report of said viewers and to consider the adoption of an Ordinance vacating, discontinuing and closing said streets and portions of streets, alleys and portions of alleys, in order that said streets and portions of streets, alleys and portlons of alleys, may be relocated, and to determine, in accordance with said notice, as to whether any inconvenience would result from discontinuing, vacating and closing said streets and portions of streets, alleys and portions of alleys; and WHEREAS, due notice, so required, was glyen, as required by law; and WHEREAS, said public hearing was held on the 19th day of January, 1959, pursuant to said notice, and no inconvenience to the public or other abottiflg property owners will result from permanently vacating, discontinuing and closing the hereinafter described streets and portions of streets, alleys and portions of alleys, the rights and privileges of no other property owner in the vicinity will be abridged by thevacatlon, closing and discontinuing of the same; and WHEREAS, the petitioner. City of Roanoke Redevelopment and Dousing Authority. has agreed to bear and defray the costs and expenses incident to this p~oceeding. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Council officially expresses its approval of. and does hereby, vacate, dlscontioue and close, in order that the said alleys and portions Of alleys, streets and portions of streets, may be relocated, the following streets and portions of streets, alleys and portions of alleys, in the Commonwealth Redevelopment Project area in the Northeast Section of the City of Roanoke. Virginia, and more parti- cularly described as follows: The alley running North and South between Orange Avenue, N. E** and Clayton Avenue and beginning 83.69 feet Nest of Courtland Road. being 10 feet wide and approximately 9~ feet long; also a second alley 10 feet wide and approximately 256 feet long extending Westerly from the above referred to North and South alley. Clayton Avenue. N. E., between Second Street and Courtland Road. Alley on south side of Clayton Avenue 84.74 feet Nest of Courtland Road, 10 feet wide and extending approximately 51 feet la a southerly direction end alley 10 feet wide and approximately 407 feet westerly therefrom. 326 Raleigh Avenue between Second Street and Courtlaad Road. Second Street. N. R., from a point approximately 100 feet South of Madison Avenue to Orange Avenue, Alley 10 feet wide beginning on the south side of Orange Avenue, N. E** 61.21 feet west of the southwest corner of Orange Avenue and Second Street and extending southerly to Raleigh Avenue. Raleigh Avenue west iron Second Street, a distance or approximately 215 reel on the southerly side and approximately 250 feet on the northerly side. Chestnut Avenue, N. £., west from Second Street, approximately 160 feet in length on the south aide and approximately 190 feet In length on the north side. 10 foot alley, beginning on the south side of R'a'leigh Avenue, N. E.. 04'.74 feet west of Courtland Road and extending south approximately 119 feet to an alley. 10 foot alley between Raleigh Avenue, N, E., and Madison Avenue. extending west from #llliam on Road, a distance of approximately 145 feet. Madison Avenue. N. E.. from Senond Street to MJllla~son Road. Third Street. N. E., north of Madison Avenue. approximately 16 feet to dead end. RcDowell Avenue from Mllliamson Road. N. E,, to Fifth' Street. Alley on the north side of McDowell Avenue between Willfnwson Road and 4 1/2 Street. 4 1/2 Street. N. E., from McDowell Avenue north to Millinmson Road. Constitution Avenue, N. E.. from 4 1/2 Street to Camps Alley. Zee Street, N. E., from Constitution Avenue northerly and easterly to Camps Alley. Madison Avenue, N. E.. from Milliamson Road to Fifth Street. Alley 10 feet wide between Madison Avenue, N. E., and Gregory Avenue from Second Street to Fifth Street. Gregory Avenue, N. E., from Second Street, N. E., to Commonwealth Avenue. Malker Avenue to a point approximately 125 feet west of Third Street. Alley approximately 125 feet west from Third Street, N. E., extending between Malker Avenue, N. E., from Third Street to the east side of Commonwealth Avenue. Alley 10 feet wide between Malker Avenue and Rutherford Avenue, extending east from Second Street for a distance of approximately 3?0 feet. Rutherford Avenue, N. E., from Second Street to ~illiamson Road. Commonwealth Avenue, N. E., from Milliamson Road to Walker Avenue. Alley between Rutherford Avenue, N. E., and Harrison Avenue, extending from Third Street to ~illiamson Road. Patton Avenue. N. i., from Williamson Road to Fourth Street. Alley west of Rilliamson Road. N. E., between Second Street, N. E., and Patton Third Street. N. E.. from the south line of Gilmer Avenue to Milliamson Road. Eastport Avenue, N. E.. from Mtlliamson Road to Fourth Street. Gilmer Avenue, N. E., from Second Street to Third Street. Alley extending north from Wells Avenue, N. E., approximately 290 feet west of Alley extending north from Wells Avenue, N. E., approximately 240 feet west of Alley extending north from Malls Avenue, N. E.. approximately127 feet west of Wells Avenue, N. E., from Third Street to Fourth Street. Alley 10 feet wide on the east side of Second Street, H. R., beginning at a point 137,35 feet south of the southeast corner of Wells Avenue and Second Street. N, E.. extending east 90,04 feet from Second Street end also that square alley 35 feet east and west and 40 feet north and south adjoining the last above alley on the south and east end thereof. Third Street, N. E., from Shenandoah Avenue to the north side of Wells Avenue. Alley west of Fourth Street. N. E., extending from Shenandoah Avenue to Wells Avenue. and that all right, title and interest of the City of Roanoke. and the public, if any. in and to said streets and portions of streets, alleys and portions of alleys, hereinabove described, be hereby released insofar as Council is empomered so to do. HE IT FURTHER ORDAINED that the City Engineer be. and he is hereby, directed to mark 'PERMANENTLY VACATED, DISCONTINUED AND CLOSED# the herelnabove described streets and portions of streets, alleys and portions of alleys, on all maps and plats on file in the office of the City Engineer of the City of Roanoke, Virginia, on shich said maps and plats said streets and portions of streets, alleys and portions of alleys, are shown, referr~9 to the hook and pages of Resolutions and Ordinances of the City of Roanoke wherein 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 said Clerk may make proper notations on maps and plats, if any. of record in his office upon mhich are shown the hereinabove described streets and portions of streets, alleys and portions of alleys, and further that the Clerk of this Council deliver to the City of Roanoke Redevelopment and Rousing Authority a certified copy of this Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following rote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber. Young, and the President, Mr. Wheeler .......... NAYS: None ............................O. RESOLUTIONS OF APPRECIATION: Mr. William A. Dickinson, President of the Roanoke Dar Association, appeared before Council and presented a Resolution which was adopted by the Association on January 13, 1959, commemorating the services of Mr. James Raymond Hildebrand who retired as City Planning Engineer on January 15, lgsg, Mr. Dickinson requesting that the Resolution be filed with the records of Council in the office of the City Clerk. Mr. Dillard moved to concur in the request of the Roanoke Bar Association. The motion was seconded by Mr. Anderson and adopted. . ' PETITIONS AND COMMUNICATIONS: LICENSE TAX CODE: The City Clerk presented a communication from Mr. Ernest R. Ballon, Attorney for Sunshine Laundry and Drycleauers, Incorporated, requesting that the License Tax Code of the City of Roanoke be amended to permit laundry and drycleaning establishments to exclude from their income as a base for computing city license taxes that portion of their business derived from other political Jurisdictions where the said businesses pay a license tax thereon. Mr. Ballou advising that certain Of the political subdivisions in and around Roanoke Valley allow such deductions for these establishments. 327 328 Hr. Young moved to refer the request to I committee couposed of Messrs. Randolph G. Whittle, Chairman, Harry R. Yules and Arthur S. Owens for study, particularly as to the effect it might hare on the entire tax structure of the city. and to submit its report and recommendation thereon. The motion was secooded by Mr. Anderson and adopted. REPORTS OF OFFICERS: PARES AND PLAYGROUNDS-JUNIOR CHAMBER OF COMMERCE; The City Manager reported that the Roanohe Junior Chamber of Commerce has completely paid for the miniature train in the Childreo*s ZOO atop Rill Mountain, the last note thereon having been paid in October, lgSg. at which time the handling of the revenue from the train entered into the second phase under the contract between the City of Roanoke and the Junior Chamber of Commerce. Mr. Rebher moved to receive and file the report and that the City Clerk transmit to the Roanoke Junior Chamber of Commerce the appreciation of Council for lis accomplishment. The motion was seconded by Mr. Anderson and adopted. PCRCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that in accordance with u directive of Council at its meeting of October 20, 1958, he consulted with Mr. O. F. Barrow with reference to the procurement of approximately 134 square feet Of land located at the northwest corner Of Hor£olk Avenue and First Street, S. N., for the purpose of rounding that corner, and that Mr. Barrow has submitted an offer to transfer the required land to the city at a cost of $1,063.00. with the proviso that the land cannot be used until after October 16, 1961. by reason of a lease between Mr. Barrow and the Rhiting Oil Company. the City Manager advising that he cannot recommend the acceptance of the offer at this price. Mrs. Pickett moved to reject the offer. The motion was seconded by Mr. Dillard and adopted. APPOINTMENTS-CITY PLANNING: The City Manager reported the appointment of Mr. James H. Weddle as Acting City Planning Engineer, vice Mr. James Raymond Hildebrand, retired, effective January 16, 195g. The report was ordered filed. APPOINTMENTS-SOLICITATIONS: The City Manager reported the appointment of Mr. Flare S, Baird as a member of the Advisory Commission on Public Solicitation, effective January 1, 1959. for a term of tho years. Yhe report was ordered filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: LICENSE TAX CODE: Council having previously tabled for consideration along with its 1959 budget a request of the Art Printing Company, the Walters Prio~ing and Manufacturing Company. Roanoke Printing Company. Incorporated. and Hammond Printing and Llthographing Works that the license tax On Job printers, contained in Section gl Of the License Tax Code. be rescinded on the basis that the printing business and manufacturing business are similar and taxed alike and the license tax on manufacturers has recently been rescinded, and Council having adopted its 1959 budget with no action on the request, the matter was again before the body. Mr. Anderson moved Lo refer the request to a committee composed of Messrs. Randolph G, Whittle. Chairman, Harry R. Yates and Arthur S. Owens for study and recommendation. The motion was seconded by Mr. Rebber and adopted. PURCHASE OF PROI~RTY: The offer of Mr. B. M. Phelps to convey to the City of Roanoke his property at 80T Norfolk Avenue. S, W.. at a price of $150,000.00, having previously been before Council and tabled for consideration along with the 1959 budget, and no action having been taken on the matter in budget study, the question was again before the body. Mr, Webber moved to table the matter until the City Manager submits a report on space requirements of the city for additional office space. The motion was seconded by Mr. Young and adopted. PURCHASE OF PROPERTY: The offer of Textile Workers Union of America. Local all Realty C~rporation, to sell to the City of Roanoke the old Y, M, C. A. building on the northeast corner of Church Avenue and Second Street, 5. having previously been before Council and tabled for consideration along with the 1959 budget, and no action having been taken on the matter in budget study, the question was again before the body. Dr. Cornell moved to table the matter until the City Manager. submits a report on space requirements of the city for additional office space. The motion was seconded by Mr. Webber and adopted. CONSIDERATION OF CLAIMS: NONE. I~IROOUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SCHOOLS-PARKS AND PLAYGROUNDS: Ordinance No. 13554, providing for the conveyance of ? 1/2 acres of land in Shrine Hill to the Hoard of Visitors of Virginia Polytechnic Institute as a site for the proposed Roanoke Technlcal Institute, havingpreviously been before Council for its first reading, read and laid over, was again before the body. Mr, George W. Reed, Jr.. Attorney, representing residents of the Shrine Hill Park area. appeared before Council and presented a petition signed by 911 citizens, objecting to the proposed Ordinance and the location of the Roanoke Technical Institute in Shrine Hill Park for the reasons presented to Council at its previous meeting, Mr. Reed requesting that Council delay action on the adoptio of the Ordinance on its second reading until an attempt has been made to find another site for the location of the proposed Technical Institute which would be agreeable to the Virginia Polytechnic Institute and the people of the community wherein it might be located, Mr. Edwin M. Young, Attorney, appeared before Council and reiterated the arguments previously advanced in opposition to the location of the proposed Institute in Shrine Hill Park, Mr. Voun9 stating, in addition, that under the Code of Virginia such an Institute could only be an advanced trade school and as such would be detrimental to the property values in the Shrine Hill Park area, that the students coming from various portions of the western part of Virginia, as well as from the City of Roanoke, those from without the city would necessarily require rooming and lodging facilities which are not available in the Shrine Rill 329 330 Park area, thor the Virginia Supreme Court of Appeals, in an opinion Just handed down, has struck down the bulk of Virginia's massive resistance laws to. integration of public schools, os a consequence of which the Institute is certain to be operated on an integrated basis, which, in his opinion, is not desirable at a location so close to oil-white public schools, that insorar os he or any of the residents of the area knows there has been no provision made for the under- writing of the city's one-third share or operational cost of the lnstitote by industry and business, consequently..the city faces on operational cost in con- nection with the Institute of between $$0.000.00 and $i50,000.00 annuolly, based of 150 students and a maximum of 350 students. Hr. Young requesting upon n minimum that Council delay any action on the Ordinance before the body until a further study has been made, both as to the proper site for the Institute and the potential operating cost which will be borne by the city. Approximately 40 citizens were present in opposition to the Shrine Hill site. Hr. Anderson moved to table the matter until the regular meetiog of February 2, 1959. The motion nas seconded by Ri. Dillard and adopted. SIC~S: Council at its meeting of December 22, 1950, having directed the preparation of a ~esolution 9ranting permission to Hr. Harley F. Bower to con- struct or install a canopy on property located at 3151Williamson Road, N. which would extend over a setback line, Mr. Anderson offered the following Resolution: · (~135gS) A RESOLUTION granting a temporary permit to Harley F. and Rachel Louise Bower to install a canopy on the building located at 3151Willinmson Road, N. E.; and repealing Resolution No. 13554. (For full text of Resolution, see Resolution Book No. 23, Page 204.) Hr. Anderson moved the adoption of the Resolution. Yhe motion was seconde, by Dr. Coroell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ........ NAYS: None ................... O. ARMORY; Council at its meeting of January 12, 1959, having directed the preparation of a Resolution authorizing the City Manager to employ technical assistance in connection with the preparation of plans and specifications for air conditioning the National Guard Armory building, Hr. Young offered t~ following Resolution: (~13595) A RESOLUTION authorizing the City Manager to employ technical assistance in connection with the preparation Of plans and specifications for air conditioning the National Guard Armory building* (For full text of Resolution, see Resolution Book No. 23. Page Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Webber and adopted by the following vote: AYES; Council members Anderson. Cornell, Pickett, Webber, Young. and the President, Mr. Wheeler ............ NAYS: Mr. Dillard ............ 1. MOTIONS AND MISCELLANEOUS GUSINESS~ BUDGET-DEPARTMENT OF PUBLIC MELFARE: Hr. Claude M. Dickerson, Contract Pharmacist for the City Department of Pub!lc Melfare, appeared before Council end stated that in his opinion the $300.00 per annum increase granted by the body ia its 1959 budget for the services performed by him under his contract Is insufficient. Mr. Dlckeraon requesting that Council grant an additional $600.00. per annum therefor, thereby Increasing the annual payment 5nder the contract to $3.300.00 per annum, giving as his reasons an lncreaae Ja the number of prescrip- tions prepared in the City Pharmacy under his direction, which average approximatel 1.200 per month and require approxlmatelyfour hours per day for the work. Mr. Mebber moved to refer the request .to the City Manager and the Director of Public Nelfare for study and recommendation. The motion was seconded by Mr. Dillard and adopted. SLUM CLEARANCE: Dr. L. E. Paxton appeared before Couocil and expressed the appreciation of the negro residents of the Northeast and Northwest sections of Roanoke for the action of the body in denying the request of the City of Roanoke Redevelopment end Housing Authority for the cityes approval of an appli- cation for federal funds to study certain areas adjacent to the Commonwealth Redevelopment Project area with a vies to their rehabilitation under the Federal Rousing Acts. PLANNING COMMISSIONS: The Mayor advised Council that Dotetourt County has applied to the Roanoke Valley Regional Planning and Economic Development Commission for membership therein, which application has been approved by the Commission. as well as Roanoke County, the Town Of Salem and the Town of ¥ietoc. the other members Of the Commission, and recommended that Council, by Resolution, approve membership in the Commission for Botetourt County; whereupon. Dr. Corflell offered the following Resolution: (x1359T) A RESOLUTION con~eoting to and approving the inclusion of the County of Dotetourt as a member of the Roanoke Valley Regional Planning and Economic Development Commission. (For full text of Resolution. see Resolution Book No. 23, Page 206.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Pickett, Webber, Young, and the President, Mr. Mheeler ................ 6. NAYS: Mr. Dillard ............1. There being no further business. Council adjourned. APPROVED '331 332 COUNCIL, REGULAR MEETING, Monday. January 26, 1959. The Council of the City of Roanoke met la regular meeting in the Council Chamber in the Municipal Building, Monday, January 26, 1959, at 2:00 o;clock, p, m,, the regular meeting hour, ulth the President, Mr. Wheeler, presiding. PRESENT: Council members Anderson, Corneli, Dillard, Pickett, Webber. Young, and the President. Mr. Wheeler .... AUSENT: None .................... OFFICERS PRESENT: Mr, Arthur S. Owens, City Manager, Mr. Randolph G, Rhittle, City Attorney. Mr. Harry R. yarns, City Auditor, and Mr. J. Robert Thomas City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend S. Earl Mitchell, Pastor, First Church of the Brethren. MINUTES: Copy of the minutes of an adjourned regular meeting held on Wednesday. January 14, 1959. having been furnished each member of Council, upon motion of Mr. Anderson, seconded by Dr. Cornell and adopted, the reading was dispensed nith and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: STREETS AND ALLEYS: Council by Resol utlon No. 13578, adopted on the 22nd day of December. 1958. having set a public hearing for 2:00 o'clock, p. m.. January 26, 1959. in the Council Chamber, on the motion of the city to vacate. discontinue and close a portion of Whiteside Street, N. £., north of Huntington Boulevard, an area of !,400 square feet, and notlce of the hearing having been published in The Roanoke World-News on January 16. 195g, and the City Planning Commission having previously recommended that the street be closed, and Messrs. J. Robert Thomas, Arthur S. Owens and Randolph C. Whittle having been appointed ~s vieuers to Flew the said street and report ie writing to Council, as provided by lan, the hearing ~as held, the viewers submitting a report, advising that they have viewed the said street and in their opinion no incoovenience ~ould result from the closing of the portion of Whiteside Street in questio~ and the same should be permanently vacated, discontinued and closed. No one appeared in opposition. Mr. Dillard aoved that Council concur in the recommendation of the City planning Commission and that the following Ordinance be placed upon its first reading: (~13598) AN ORDINANCE permanently vacating, discontinuing and closing an easterly portion of Whiteside Street, N. E., (formerly Gillasple Road), north of Huntington Boulevard, N. E., an area of 1,400.00 square feet. WHEREAS, Council has heretofore on its own motion proposed the closing of that portion of Whiteside Street, N. E., hereinafter described, and. by Resolution No. 13578, appointed viewers to vien said street and report to the Council as provided by law; and WHEREAS, Messrs. J. Robert Thomas, Arthur S. Owens and Randolph G. Whittle the viewers heretofore appointed, after making oath that they would faithfully end Impartially discharge their duties sa viewers, haven taken u view of said street and have reported to the Council in writing that in their opinion no incon* venJence would result from the closing of that portion of WhitesJde Street as is hereinafter described and have recommended that the same should be permanently vacated, closed and discontinued; and WHEREAS, the Council is advised that there are no public water lines, sewer lines, storm drains or other public.utilities existing iq that portion of Whiteside Street proposed to be closed; and WHEREAS, the City Planning Commission has likewise recommended to the Council In writing under date of April 3, 1956, that the hereinafter described portion of said street.should.be permanently vacated, discontinued and closed and at.a public bearing on the question held before the Council at its meeting on the 26th day of January. 1959, after due and timely notice of such public hearing published in a local newspaper, no person appeared ic opposition to the closing of that portion of Whiteside Street hereinafter described and Council is itself of opinion that aa inconvenience would result from such closing and that that portion of said street as is hereinafter described should be permanently vacated, closed and discontinued. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all that certain portion of ~hiteslde Street. N. E.. (formerly Gillaspie Ronda. con- raining 1,400.00 square feet, more or less. and lying north of Huntington Boulevard. N. E., which said portion of said street is more particularly described as follows, to-mit: BEGINNING at a point on the present east line of Mhiteheud Street. N. E., (formerly Gillaspie Road). said point being N. 10° 33* eD' W. 0.51 feet from the poict of intersection of the north line of Whiteside Street. N. E.; thence, on a curv~ to the right with a radius of 25.0 feet (a chord hearing and distance of N, 41° 44' 16" W. 30.13 feet) an arc distance of 32.34 feet to a point in Whiteside Street; thence. N. 4° 41' N. 151.77 feet to a point on the present east line of Whiteside Street; thence, with the same, S. 10o 33* 28' i. 177.34 feet to the place of BEGINNING; Being shown in detail on Plan NO. 4209-D, prepared in the Office of the City Engineer, Roanoke, Virginia, under date of March 31, 1958, revised April D, 1958: be, and the same is hereby permanently VACATED. DISCONTINUED AND CLOSED and that all right, title and interest of the City of Roanoke and of the public in and to said portion of said former street is hereby released insofar as the Council is empowered so to do. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "PERMANENTLY VACATED. DISCONTINUED AND CLOSED" that portion of said former street hereJn~ vacated, on all maps and plats on file in his office ehereon said street is shown, referring to the book and page of RESOLUTIONS AND ORDINANCES of the Council Of the City of Roanoke mherein this ordinance shall be spread. 333 334 BE IT FURTHER ORDAINED that the Clerk of this Council shall deliver to the Clerk of the Hastings Court of the City of Roanoke and to the Clerk of the Circuit Court for Roanoke County, ¥1rgleia, attested copies of this ordinance in order that said Clerks may make proper nototJo~ on all plats or maps recorded in their respective offices upon mhlch la shone that portion of said street herein permanently vacated, discontinued and closed. The motion wes seconded by Mrs. Pickett and adopted by the folloxlng vote: AYES: Council members Anderson. Cornelia Dillard. pickett. Mebbec, Young, and the President, Mr. Mheeler ........ 7. NAYS: None ................... O. PETITIONS AND COMMUNICATIONS: pURCHASE OF PROPERTY; Yhe City Clerk presented a communication from the Boswell Realty Company. Agent for the Heirs of J. F. and L. A. Barbour, offering the city a IH-year lease on the building located at 309 Campbell Avenue. S. at an annual rental of $12,000.00 for a period of ten years, the owners tgreeing to expend $9,500.00 to comply Nith the city's Hullding Code provisions for office buildings in order that the said building might be used as a Municipal Building Mr. Webber moved to table the matter until the City Manager submits his seconded by Mr. Young and adopted. CITY PLANNING COMMISSION: .The City Clerk presented a com~unication from the City Planning Co3~ission. transmitting its annual report for the year 1959. Young and adopted. REPORTS OF OFFICERS: COMMISSIONER OF THE REVENUE: The City Manager reported that the Purchasin Agent has received bids for furnishing.equipment /or the office of the Commissione mitred, one by the Addressograph-Multtgraph Corporation for addressagraph equipmend' in the amount of $14,943.50 and one by the National Cash Register Company for national cash register machines in the amount of $24,400.00, which are within the amounts appropriated in the 1959 budget, the City Manager recommending that the bids be accepted and the purchase of the equipaent authorized. STREETS AND ALLEYS-CURB ANO GUTTER: The City Manager reported that sub- sequent to his report of October 13. 1958. he has fugth~negotiated with property owners on Garden City Boulevard, S. E., betwem Moffett Avenue and Ray Road. with reference ~o the acquisition of IS-foot strips of land on the front of their property for use in street widening, and that all of the property Honers have tendered to the city proper deeds for the necessary land, with the exception of the following: Hr. J. O. Plunkett, who has requested a $1,000.00 settlement for 335 dumuges; Mr. Lawrence L. Ford, who has requested that his house be moved buck on the lot at nn estimated cost of $3,500.00; Mr. and Mrs, R. G. Bohon. who have requested a settlement of $3,500.00 for damages; aessie N. ned Jessie E. Eggleston, uho have requested a settlement of $3,583.00 for damages; Mlllie T. aarbour, et ux, who have requested a settlement of $2,151.00 fey damages; and G. R. Ludwick, who has requested that an existing sewer he replaced at a cost of $300.00, the City Hanuger advising that fo addi&lun to $18,000.00 contained in the 1959 budget for widening the street an additional $14,034.00 will be needed to meet these requests and that in his opinion there is no Immediate necessity for the midening of this street. Mr. Mebber moved to receive the report and table the matter for further consideration and that the City Clerk extend the thanks of Council to Hr. V. B. Onrnand for his efforts in this matter. The notion was seconded by Dr. Cernell and adopted. JOB CLASSIFICATION: The City Manager reported that.there is included in the 1959 budget for the Police Department funds for the employment of a Parking Meter Repairman and that in order to utilize these funds it mill be necessary to amend the Salary and Huge Plan to include that classification; whereupon. Mr. Young offered the following emergency Ordinance: (~13599) AN ORDINANCE adding a classification to the Salary and Huge Plan and providing for an emergency. (For full text of Ordinance, see Ordinance Hook ~o. 23, Page 214.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Anderson and adopted by the following vote: AYES: Council members Anderson. Cornell. pickett. Nebber. Young. and the President, Hr. Mheeler ............ 6. NAYS: Hr. Dillard ............ 1. STATE HIGHWAYS: The City Eanager reported that the ¥irgi~i~ Department of Highways has requested that the Council of the City of Roanoke. along with the Town of Salem and the County of Roanoke. concur in the designation of the area lying between the west corporate li~its of the City of Roanoke and the east corporate limits of the.Tonn of Salem, and bounded by U. S. Route 460 on the north and U. S. Route 11 on the south, as a Federal-Aid Urban Area. in order that the Bureau of Public Roads might permit the use of Federal-Aid Urban Funds ~lthin that avea, the City Manager advisipg that the Torn of Salem and the County of Roanoke have stated that both political subdivisions have concurred. Hr. Anderson ~oved to concur in the request and offered the following Resolution: (=13600) A RESOLUTION requesting that an area situated between the City of Roanoke and the Town of Salen be approved as a Federal-Aid Urban Area. (For full text of Resolution, see Resolution Book 23, Page 215.) Hr. Anderson moved the adoption of the Resolution. The notion uas seconde by Hr. Dillard and adopted by the following vote: 336 AYES: Council members Anderson. Cornell. Dillard. Pickett. ~ebber, Young. and the President, Hr. Wheeler ........ ?. . NAYS: None ...................O. POLICE DEPART#ENT-DEPARTM£NT DF, PUBLIC NOR[S: The City Bansger reported that the Purchasing Agent has received bids on various public works projects sad for Items of equJpmeot'contaJned in the 1959 budget, that the bids have been tabulated and the proposals checked for compliance math the city's specifications, and that in each instance he recommends acceptance of the lamest bid meeting the clty's specifications, the City Manager advising that in the event Council accepts the bids ns recom~enbd additional appropriations totaling $1.$60.59 mill be needed, but approximately $S.OOD.O0 alii be saved from the amounts appropriated for the mark and equipment covered thereby, the City Manager presenting a tabula- tion of bids for the construction of a storm drain on Rosalind Avenue. S. south from Tmeoty-seventh Street, the low bid being that of Aaron J. Conner in the amount of ~!5,935.00. Mr. Young moved to accept the bid as recommended by the City Wanager and offered the follo~ing Resolution: (s13601) A RESOLUTION accepting the proposal of Aaron J. Conner for the construction Of a storm drain; authorizing the proper City Officials to execute the requisite contract; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 23. Page 2lb.) Mr. Young moved the adoption of the Resolution. Tho mntio~ was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson. Corneil. Dillard. Pickett. Webber. Young. and the President, Mr. Wheeler ........ NAYS: None ...................O. The City Manager then presented a.tabulation of bids for drilling drainage wells in the Williamson Road area, the los bid being that of Sydnor Pump and Well Company, Incorporated, in the amount of $10.545.50. Mrs. Pickett moved to accept the bid as recommended by the City Manager and offered the following Resolution: (s13602) A RESDLUTION accepting the proposal of Sydnor Pump and Well Company. lac.. for the drilling of drainage wells; authorizing the proper City Officials to execute the requisite contrnct; and rejecting all other bids. (For full text of Resolution, see Resolution Book NO. 23, Page 216.) Mrs. Pickett moved the adoption of the Besolution. Yhe motion was seconded by Mr. Webber and adopted by the folloming vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young. and the President, Mr. Wheeler ........ 7. NAYS: None; ..................O. The City Manager then presented a tabulation of bids for the construction Of concrete curb, gutter and sidewalk at various locations in the city; the lom bid being that of Uartman Construction Company and A. D. Alfotd in the amount of $95.550.00. Wr. Anderson moved to accept the bid as recommended by the City Wsnager and offered the follouiag Resolution: (Xl3603) A RESOLUYION accepting the proposal of flartmaa Construction Company and A. O. Alford for the construction of concrete sideualk and concrete curb and gutter; authorizing the proper City Officials to execute the requisite contract; and rejecting all uther bids. (For full text of Resolution, see Resolution Book No. 23. Page 217.) Mr. Anderson moved the adoption of the Resolution. The notionmas seconded by Mr. Young and adopted by the folio=Jug vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the President. Mr. Wheeler .......... ?. NAYS: None ............................O. The City Manager then presented a tabulation of bids for bituminous street paving at various l,cations in the city, the low bid being that of Adams Construction Company in the amount of $169o019.50. Mr. Young moved to accept the bid as recommended by the City Manager and offered the following Resolution: (=13604) A RESOLUTION accepting the ~roposal of Adams Construction Compan~ for bituminous street paving; authorizing the proper City Officials to execute the requisite contract; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 23, page 216.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the f. Il,wing vote: AYES: Council members An'derson. Cornell. Dillard. Pickett. Webber. Young. and the Preside,t, Mr. Mheeler .......... NAYS: None ............................O. The City Manager then presented a tabulation of bids for the construction of a concrete finer under the east st~ed at Victory St~di,~ ~ork. t~e low bid being that of J. F. Barb,ur and Sets in the amount of $17,365.75 Mr. Young moved to accept the bid as recommended by the City Ranager amd offered the following Resolution: (=13605) A RESOLUTION accepting the proposal of J. F. Barb,ur 5 Sons for the construction of concrete floor under the east stand at Victory Stadium; authorizing the prop~ City Officials to execute the requisite contract; and rejecting all other bids. (For full text of Resolution. see Resolution Book No. 23. Page 219.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and adopted by ~he following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. young, and the President. Mr. Wheeler .......... 7. NAYS: None ............................O. The City Ranager then presented a tabulation of bids for the construction of a ceiling over a portion of the ~est stand at Victory Stadium and appurtenant mork, the Iow bid being that of Days Construction Company. Incorporated, in the amount of $10,300.00. 337 338 Mr. Dillard moved to accept the bid aa recommended by the City Manager and offered the following Resolution: (813606} A RESOLUTION accepting the proposal of Days Construction Company, Inc., for the construction of a ceiling over a portion of the west stands at Victory Stadium; authorizing the proper City Officials to execute the requisite contract; and rejecting all other bids. (For full.text of Resolution, see Resolution Cook No. 23, Page 220.) Mr. Dillard moved the adoption of the Resolution. Vhe motion was seconded by Rt. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, Young. and the President, Mr. Mheeler ........ ?. NAYS: None ................... O. The City Manager presented u tabulation of bids for six police automobiles. the low bid being that of Magic City Motor Corporation in the amount of $14,$28.58, the City Manager pointing out that if this bid is accepted an addi- tional appropriation of $S2~.58 will be needed. N~ Pickett moved to accept the bid os recommended by the City Manager and offered the following Resolution: {~1360T) A RESOLUTION accepting tho proposal of Magic City Motor Corporatio6 for supplying six 19S9 police automobiles; authorizing the City Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Cook No. 23, Page 2~0.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr. Nebber and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Nebber. Young. and the President, Ur. Nheeler ........ NAYS: None ...................O. The City Manager then presented a tabulation of bids for one 3 1/2 to 4 ton truck and hoist, the low bid being that of Oickerson GMC, Incorporated, in the amount of Mr, Dillard moved to accept the bid as recommended by the City Manager and offered the following Resolution: (#13608) A RESOLUTION accepting the proposal of Dlckerson GNC, Inc.. for supplying one 1959 3 1/2 to 4 ton garbage truck; authorizing the City Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution. see Resolution Book No. 23. Page 221.) Rt. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett. Mebber, Youn9, and the President, Mr. Nheeler NAYS: None ...................O. The City Manager presented a tabulation of bids for three 3 to 4 ton truck and load packer units, sixteen cubic yard capacity, the low bid being that of Shackelford-Cox Truck and Machinery Company, using Leech packer bodies, in the amount of $29,352.00. (! Representatives of the firms furnishing Gsrmood, Daybreak, Rata Pek nad Leech peeher bodies sppelred before Council and eech stated that the pscher type body furnished by his firm is the best body on the market and that his company furnishes better local service than any of the other bidders. Mr. Anderson moved to accept the bid as recommended by the City Manager and offered the followin9 Resolution: (ei3609) A RESOLUTIO~ accepting the proposal of Sbnckeiford-Cox Truck and Machinery Company for supplying three 3 to 4 ton garbage trucks; authorizing the City Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Rook No. 23, Page 222.) Mr. Anderson moved the adoption of the Resolution. The motion was seconde¢ by Mr. Dillard end adopted by the follomlng vote: AYES: Council members Anderson. Cornell. Dillard, Pickett. Mebber. Young. and the President, Mr. Wheeler ........ NAYS: None ...................O. The City Manager then presented a tabulation of bids for one 2 ton truck an load packer unit. thirteen cubic yard capacity, advising that the bid of Antrim Motors. Incorporated, in the amount of $8,O24.00, using a Pek~More load packer body, is the lowest bid which meets specifications, the City Manager stating. however, that Antrim Motors, Incorporated, has submitted a bid using a Dyde-Pak load packer type body in the amount of $7,544.00, which he cannot recommend be accepted. Representatives of the firms furnishing Pak-More and Hyde-Pak load packer bodies appeared before Council. the Hyde-Pak representative advising that while the flyde-Pak body does not meet specifications of the city it in completely capable of doing the work for which the unit is being purchased and the represen- tative of the Pak-More load packer body advising that his unit meetsthe specifications of the city, consequently, he feels he should be awarded tho business, that he could have bid on a different type of load packer body at a much lower price, however, it would not have met city specifications. The City Manager advised Council that thin unit has been requested for use partially in the downtown area and that the Pak-More type body was Specified in order to make it more flexible for use in alleys where fire excapes and other appurtenances to buildings Overhang the alley, the City Manager explaining that the Pak-More body is a cylindrical one, whereas the Hyde-Pak body is square, that tho city specified a mechanical chain packer unit. as contained in the Pak-More. whereas the Hyde-Pak uses a hydraulic pressure packer unit. Mr. Dillard moved to authorize the purchase of the uuit with a Hyde-Pak body at a price of $?,544.00. There being no second, the motion was lost Mr. Robber then moved to table the matter until the next regular meeting of Council, The motion was seconded by Mr. Dillard and adopted. Mrs. Pickett voting no. 339 340 The City Reneger then presented · tabulation of bids for four I 1/2 ton dump tracks for nme in the Street Repair Department and the Street Construction Department, the iow bid being that of Diamond Chevrolet Corporation in the amount of $140032.00, the City Ruoager adrisiog that if Council accepts this bid it mill be necessary to appropriate $832.00 to provide for the purchase price.. Dr, Young moved to uccept the bid as recommended by the City Ruooger and offered the following Resolution: (m13610) A RESOLUTION accepting the proposal of Diamond Chevrolet Corporation for supplying four dump trucks; authorizing the City Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 23, Page 223.) Rt. Young moved the adoption of the Resolution. The motion was seconded by Dro Webber and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Nr. hheeler ........ ?. NAYS: None ...................O. The City Ranager then presented a tabulation of bids for one motor pickup sweeper, the low bid being that of Shaffer Equipment and Supply Company ia the amount of Rr. Dillard moved to accept the bid as recommended by the City Ranager and offered the following Resolution: (=13611) A RESOLUTION accepting the proposal of Shaf£er Equipment & Supply Company for supplying one 1959 motor pickup sweeper; authorizing the City. Purchasin Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 23, Page 224.) Rr. Dillard moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and adopted by the following vote: AYRS: Council members Anderson, Cornell, Dillard, P~ckett, Nebber, Young. and the President. Mr. Rheeler ........ NAYS: None ...................O. Rt. Young then offered the following emergency Ordinance making the neces- sary deficit appropriations: (z13612) AN ORDINANCE to amend and reordain Section u144, "Departmental Equipment and Improvements," of the 1959 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 225.) ~r. Young moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Robber, Young, and the President, Nr. Nheeler ........ ?. NAYS: None ...................O. SEWAC£ DISPOSAL: The City Ranager reported that the State Water Control Board has advised him that in order for the city to obtain a grant of federal fund for use in enlnrglog~the city's Semage Treatment Plant.. mhich Council has requested under Resolution We, 13524, adopted on tbs 6th day of October, 1950, it, mill be necessary to formally accept the offer of such funds in the amount of $141,707.00, the City Manager recommending that Council adopt, n Resolution providing therefor, Mr. Young moved to concur in the recommendation of the City Manager and offered the follomlng Resolution: (z13613) A RESOLUTION accepting the offer of a Federal Grant for the construction of additions to the sewage treatment plant of the City of Roanoke; authorizing the City Manager. for and on behalf of the City. to make the assurances required and to execute the 'Acceptance' contained in and made a part of the offer agreement; authorizing the City Attorney to prepare and deliver to the proper Federal or State Officials certificate of title to the City*s real estate devoted to its sewage treatment plant and to prepare and/or approve other requisite legal papers; and directing the City Clerk to deliver attested copies of this resolution to State and Federal authorities requiring the same. (For full text of Resolution, see Resolution Book No. 23. Page 226.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the follouing vote: AYES: Council members Anderson. Cornell, Dillard, Pickett. Webber. Young, and the President, Mr. Wheeler ........ 7. WAYS: None ................... REPORYS OF COMMITTEES: SEWAGE DISPOSAL: COUncil at its meeting of January 5, 195g, having referred to a committee composed of Messrs. Roy L. Webber. Chairman, Walter L. Young. Arthur S. Owens and Randolph O. Mhittle for study and recommendation request of the County of Roanoke that the contract Of September 25, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment Of domestic and commercial wastes, be amended by adding thereto a 17.8 acre tract of land lying south of Virginia State Route 742 and immediately east of the Veterans Administration Hospital, the committee submitted its report, recommending that the request be 9ranted. Mr. Webber moved to concur in the recommendation of the committee and offered the following Resolution: (~ 13614) A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes. (For full text of Eesolution, see Resolution Dank No. 23, Page 227,) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson. Pickett, Webber, Young, and the President Mr. Wheeler ............................................ WAYS: Council members Cornell and Dillard .....2. UNFINISHED BUSINESS: 341 3'42 ZONING: Council at its meeting of January 12, lgsg, having referred to the City Planning Commission for study and recommendation the requests of Messrs, George E. Lester. Jr.. and [ernSt W. Plymsle that their properties located on the south side of Patterson Avenue, S. W., betmeen Nineteenth Street end Twentieth Street. being Lots 1-$, inclusive, and ~ots ? and D, Block 3S, West End end Riverviem Addition. be rezoned from General Residence District to Light Industrial District. the City Planning Commission submitted its report, recommending that the requests be granted and that the remainder of the lots in the block fronting on both Patterson Avenue and Chapman Avenue, In the 1900 block, all of the lots being in Block 35. Rest End and Riverview Addition. also be rezoned from General Residence District to Light Industrial District, the additional lots recommended for rezoning being Lot 6, owned by James E. and Lillian Hughes; Lot 9, owned by Mildred P. and Rilliamson D. Anderson; Lot I0, owned by Clyde F. end Jacqueline F. Hostetter; Lot 11. owned by J. B. Feather. et al.; Lot 12. owned by M. R. Ferguson; Lot 13. owned by Business Realty Corporation; and Lot 14. owned by E. R. Atkins; also, Lots 15 and 16, owned by the Cates Corporation. Mr. Young moved to set a public hearing in the matter for 2:00 o'clock, p. m., ~arch 2, lq59. In the Cooocil Chamber, and to direct the attorney for the petitioners to prepare the proper notice of said hearing, have it app$oved by the Citl Attorney and present it to the City Clerk for publication. The motion was seconded by Mrs. Pickett and adopted. SEWERS: The City Clerk reported that the East 6ate sanitary sewer project. authorized by Resolution No. 13251, adopted on the qth da~ of December, 1957, has been completed, and that the total cost of the project, as reported bi the Department of Public Works, exceeds $53.300.00, whereas the estimated cost upon which the assessments against the property owners were based, as approved by the aforesaid Resolution, was $51,~51.02, the City Clerk pointing out that under state law 9overfling such assessments there can be no increase in the preliminary assess- ments against the property owners by reason of an overrun in construction costs and requesting that Council adopt a Resolution finalizing the preliminary assess- ments. Mr. Young moved to concur in the request and offered the following Resolution: (=13615) A RESOLUTION directing the Clerk of the Hustings Court for the City of Roanoke to enter of record requisite notations showing the amount finally assessed against the property owners affected by Resolution No. 13251, to be, in each instance, the precise amount of the estimate as shown in the last-mentioned resolutuion. (For full text of Resolution, see Resolution Book No, 23. Page 228,) Hr. Young moved the adoption of the Resolution. The motion was seconded by Mr, Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber. Young, and the President, Mr. Wheeler NAYS: None ...................O. CONSIDERATION OF CLAI#S: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 13591. reaonlng property bordering o~ Benninglon Street. Nount Pleuaunt Boulevard end Rutrough Road. S. E., Official Tax No. 4250202, from General Residence District to Light Industrial District. having previously been before Council for its first reading, read and laid over. was again before the body, MF. Oillard offering the following for itssecond reading and final adoption: (u13591) AN ORDINANCE to amend and reenact Title X¥, Chapter 4, Section 1. of The Code of the City of Roanoke, 1956. in relation to Zoning. · (For full text of Ordinance, see Ordinance Dook No. 23. Page 207.) Hr. Dillord moved the adoption of the Ordinance. The motion mas seconded by Hr. Anderson and adopted by the following rote: AYES: Council members Anderson. Coraell. Dillard. Pickett. Nebber. Young. and the President. Mr. Wheeler ........ 7. NAYS: None ...................O. ZONING: Ordinance No. 13592. rezoning property lying on the northerly or westerly side of Franklin Road, S. N., being Lots I-T, inclusive, Block 1, and Lots 1-3, inclusive, Block 2, Section 1, Deechwood Gardens, from General Residence District to Business District, having previously been before Council for its first reading, read and laid over, sas again before the body. Mrs. Pickett offering the £ollowlflg for Its second reading arid final adoption: (u13592) AN ORDINANCE to amend and reenact Title XV. Chapter 4, Section 1, of The Code of the City of Roanoke. 1955. in relation to Zoning. (For full text of Ordinance. see Ordinance Book No. 23. Page 200.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett. Webber, Young. and the President, Mr. Wheeler ........ 7. NAYS: None ...................O. ZONING: Ordinance No. 13593, rezoning certain areas within the boundaries of the Commonwealth Redevelopment Project area, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Young offering the following for its second reading and final adoption: (o13593) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning, (For full text of Ordinance, see Ordinance Book No. 23. Page 209.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Webber. Young, and the President. Mr. Wheeler ........ ?. NAYS: None ...................O. STREETS AND ALLEYS: Ordinance No. 13594, vacating, discontinuing and closing certain streets and alleys, and portions of streets and alleys, in the Commonwealth Redevelopment Project area. having previously been before Council for 343 34,4. its first reading, read and laid over° was again before the body, Hr. Anderson offering the .following for its second reading nnd final adoption: (n13594) AR ORDINA~CR vacating, discoutl~alng nad closing certain alleys and portions of alleys, streets and portions of streets, in the Northeast Section of the City of Roanoke, Virginia, in what is hnown as the Commonwealth Redevelop- ment Project. generally bounded by Orange Avenue on the ~ortb, by Shenandoah Avenue on the South, by Second Street, N. E.. on the Nest, and by Fifth and Fourtt Streets on the East. (For full text of Ordinance. see Ordinance Book No. 23, Page 211.) The motion was seconded Mr. Anderson moved the adoption of the Ordinance. by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, Young. and the President, Mr. Mheeler ........ NAYS: None ...................O. MOTIONS AND MISCELLANEOUS BUSINESS: HEALTH DEPARTMENT: The City Clerk reported that the terms of Messrs. Eugene S. Brown and John M. Thompson as members of the Hoosing and Hygiene Board will expire January 31, 1959, the terms being for two years each; whereupon, the Mayor called for nominations to fill the vacancies. Rt. Dillard placed in nomination the names of Eugene S. Brown and John M. Yhompson for reelection as members of the Housing and Hygiene Board for terms of two years each beginning February 1, 1959. Mr. Webber moved to close the nominations. The motion was seconded Mr. Anderson and adopted. Messrs. Eugene S. Brown and John M. Thompson were reelected as members of the Housing and Hygiene Board for terms of two years each beginning February 1, 1959, by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young. and the President, Mr. Wheeler ........ ?- NAYS: None ................... There being no further businesS, Council adjourned. APPROVED ~/~/~l/* President 345 COUNCIL, REGULAR MEETING. Monday, February 2. 1959. The Council of the City of Ronnohe met in regular meeting in the Council Chamber in the Municipal Building, Monday, February 2o lqSg, at 2:00 o'clock. p. m., the regular meeting hour. with the President, Mr. Wheeler. presiding. PRESENT: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young. and the President, Mr. Wheeler .... 7. ABSENTt None ....................O. OFFICERS PRESENY: Mr. Arthur S. Owens, City Manager. Mr. Handolph G. Mhittle. City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend R. C. Lobln, Pastor. Second Mesleyan Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, January 1~, 195q. having been furnished each member of Council, upon motion of Mrs. Pickett. seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: SCHOOLS-PARKS AND PLAYGROUNDS-CITY HOME: The City Clerk presented a Resolution Of the Sub-Committee of the Beard of Visitors of Virginia Polytechnic Institute, requesting that Council make available to the VPI Hoard of Visitors, as an alternate site for the Roanoke Technical Institute, approximately twenty acres Of land, being a portion of the City Farm located On the southerly side of Colonial Avenue. S. W.. westerly from the City Home. and that the city move the small city-owned cemetery located thereon, and. further, when and as required. that the city execute preliminary grading on the site. Mr. Webber moved to refer the request to the City Plannin9 Commission for study and recommendation and to direct the City Attorney to prepare an Ordinance providing for the transfer of the property in question to the Board of Visitors of Virginia Polytechnic Institute. the City Manager to cause the property to be surveyed and furnish to the City Attorney a metes and bounds description thereof. The motion was seconded by Mrs. Pickett and adopted. STADIUM: The City Clerk presented a communication from Mr. Stuart T. Saunders, President. Old Dominion Industrial Exposition, Incorporated, expressing the appreciation of that organizatlo~ to Council for providing necessary funds for improvements to Victory Stadium as previously requested. Mr. Dillard moved to file the communication. The motion was seconded by Mr. Anderson and adopted. STATE HIGHWAYS: The City Clerk presented a communication from the Virginia Department of Highways, together with a report on a comparative study of the alternate routes for Interstate Route 64 between Richmond and Clifton Forge. comparing the factors between the north and south corridors. 346 Mr. Youog moved thnt the Mayor appoint · committee of Council to study the report and represent the City of Roanoke et any hearing held by the Department of Rlghmay$ or any other body lo support of the soothero corridor route heretofore endorsed by Council by Resolution No, 13407, adopted on the 30th day of June, 1958, the Mayor to be Chairman of said committee. The motion mas seconded by #r. Webber, Hr, Dillard offered n substitute motion to table the matter. The motion. was seconded by Or. Corneli and lost bythe foliowia9 vote: AYES: Council members Cornell and Dillard ........2. NAYS: Council members Anderson, Pickett, Rebber, Young, and the President, Hr. Wheeler .............................................. Whereupon. the motion of Mr. Young was adopted. The Mayor then appointed the following committee: Messrs. Vincent Wheeler, Chairman. Roy L. Webber and Ralter L. Young. REPORTS OF OFFICERS: MAYER DEPARTMENT: Yhe City Manager reported that Mr. Herman J. Danisch who resides just off of Mount Pleasant Boulevard. S. E.. has requested that the Water Department furnish him service from the water main in Mount Pleasant Boulevard, the City Manager advising that the property of Mr, Danisch does not abut said street, hut that it has access to Mount Pleasant Boulevard over a private roadway in which is located a public utility easement, however, the service cannot be furnished as requested unless Council authorize such service and waives the provisions of Rule 38(D) of the Water Department Rules and Regulations in this particular instance, the City Manager recommending that Council grant the request. Mr. Young moved to concur in the recommendation of the City Manager and offered the following Resolution: (z13616) A RESOLUTION authorizing the Water Department to install a water connection to serve the residence lot of R. J. Danlsch. (For full text of Resolution. see Resolution Book No. 23. Page 230.) Mr. Young moved the adoption of the Resolution. Yhe motion was seconded by Mr. Rebber and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber, Young, and the President. Mr. Wheeler ........ NAYS: None ...................O. EASEMENYS-STORM DRAINS: The City Manager reported that the Department Of Public Works is desirous of Obtaining a 15-foot easement across the property of Meredith O. and Mary D. Carper. said easement extending from Roanoke Avenue, S. R., across said property to the Norfolk and Western right of way, for the purpose of installing a storm drain to relieve a flood water condition, and that the property owners have tendered the city a deed for the said right of way at nominal cost of $1.00, the City Manager recommending that Council accept same. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: '1 (s13617) AN ORDINANCE aathorixio9 and directing the ecqeisitioo of a per- petual easement for e storm drain right-of-may over certain property on the north side of Roanoke Avenue. S. M.; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 23, Page 231.) · Mrs. Pickett moved the adoption of the Ordinance. The motion mas seconded by Mr. Anderson and adopted by the follomJag vote~ AYES: Council members Andernon, Cor~ell, Dillard, Pickett. Mebber. Young, and the President. Mr. Mheeler ........ NAYS: None ...................O, EASEMENTS-STORM DRAINS: The City Manager reported that Mesthampton Homes. Incorporated. has installed a iS-Inch corrugated metal storm drain extending from the west side of Beverley Boulevard, S. #.. toward Bud Lick Creek. and has tendered to the city a deed for the said storn drain and a perpetual easement therefor, mhich he recommended be accepted. Mr. Nebber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: {z13618) AN ORDINANCE authorizing and directing the acquisition of an Installed IS-inch storm drain end a perpetual easement for a Ia-foot wide storm drain right-of-may over certain property on the west side of Beverly Boulevard. S. W.; and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 23. Page Rt. Nebber moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adoptedby the folloming vote: AYES: Council members Anderson. Coraell, Dillzrd, Pickett. Mebber. Young, and the President. Mr. Nheeler ........ NAYS: ~one ...................O. HEALTH DEPARTMENT: The City Manager presented an Ordinance providing for certain amendments to the Housing and Hygiene law. as contained in Chapter Title lllI. of The Code of the City of Roanoke, 1956, as recommended by the Commissioner of Health. which he recommended Council conside[ adopting, the City Manager advising that the amendments proposed would strengthen the Housing and Hygiene law, thus permitting better enforcement thereof. Hr. Cornell moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Young and adopted. TRAFFXC: Council at its meeting of October 20. 19§9, having referred to the City Manager for study and recommendation a request of the Nashington Heights Parent-Teacher Association that a full time traffic signal be installed at the intersection of Melrose Avenue and West Side Boulevard, N. W.. he reported that there is installed both to the east and west of the Washington Heights School an appropriate fifteen mile flashing signal sign and that he cannot recommend the installation of a full.time traffic signal. Mr. Youn9 moved to concur in the report of the City Manager. Yhe motion mas seconded by Mr. Anderson and adopted. 34.7 348 ANNEXATION: Council at l~s meeting of December 29, 1958, having directed the City ganager to ascertain the,cost to'the city of employing technical experts, as recommended In the report of the Annexation StudyCoemittee on December 18, 1958. and.to submithis report thereon, the City Manager advised that the following estlmatesof cost have been furnished to hlm~ Harlaod Bartholomew and.Associates, $13,500.00, plus $100.00 per day.for testimony, also, travel and living expenses; Dr. Thomas a. Reed, $150.00 per day. plus expenses, including court appearances; £ennett sad Kenaett. C.P.A.'s, $60.00 per day for senior accountants, $40.00 per day for Junior accountants, and $flO.O0 per day for partners in court proceedings; Moodrum and Gregory, Attorneys. $150.00 per day; Mlley and RAison. Consulting Engineers. $86.000.00. plus $12s.oo per day for conrt appearances and $75.00 per day for assistants, also expenses, the firm to do the entire annexation study and appurtenant work, with the exception of legal services; and Mr. Darid Dick, for engineering services. $10.000.00 to $12.000.00. the City Manager advising that he does not recommend proceedJn9 with annexation at this time and recommending that none of the technicians be employed. Dr. Cornell moved to table the matter of annexation indefinitely. The motion was seconded by Mr. Dillard aa 1o$t by the following vote: AYES: Council members Cornell, Dillard and Pickett ......3. NAYS: Council members Anderson. Nebber, Young, and the President, Mr. Mheeler ...................................................... 4. gr. Mebber then moved to table the matter until the next regular meeting of Council in order that the members might further study the question. The motion was seconded by Mr. Young and adopted by the followin9 rote: AYES: Council members Anderson, Pickett, Webber, Young, and the President Mr. Wheeler ................................................... 5. NAYS: Council members Cornell and Dillard ............2. REPORTS: The City Manager submitted n report of the Department of Public Welfare for the month of December. 1958. and reported other departmental reports on file in his office. The report was ordered filed. REPORTS OF COMMITTEES: SALE OF PROPERTY-WATER DEPARTMENT: Council at its meeting of December 8, 1956. having referred to a committee composed of Mr. Arthur S. Ovens, Chairman, Mr. Randolph O. Whittle, Mr. Harry R. Yarns and Mrs. Mary C. Pickett for study and recommendation the offer of Donald Dobbs and Company to purchase from the city twenty-eight acres of a twenty-nine acre tract of land owned by the City Water Department, located on Colonial Avenue, S. W.. near Robyn Road. at a price of $28,000.00. the committee submitted its report, advising that ia its opinion there will be future need for the entire twenty-nine acres of land for Water Department and park purposes and recommending thatthe offer be refused. Mr. Young moved to concur in the recommendation of the committee and to refuse the offer. The motion was seconded by Mr. Dillard and adopted. AIRPORTs Council at Its meeting of December O. 1950. having referred to a committee composed of Messrs. Roy L. Webber, Chairman, Arthur S. Omens and Harry R. Yates for study and recommendation a request of the Roanoke Chamber of Commerce that Council find additional funds'with ~hlch to secure additional federal matching funds for the purpose of speeding up murk at the Roanoke Municipal Airport, the committee submitted its report, advising that all available funds, both federal and local, are being used to prosecute the work at the Municipal Airport us contained in the official work program adopted by Council and that as of this date the committee has no knowledge of additional federal funds being available, that in the opinion of the committee improvements at the Airport are proceeding apace and meeting necessary requirements. Mr. Rubber moved to concur in the report of the committee and to direct the City Clerk to send a copy thereof to the Chamber of Commerce. The motion was seconded by Dr. Cornell and adopted. BUDGET-DEPARTMENT OF PUBLIC WELFARE: Council at its meeting of January 1959. having referred to Mr. Arthur S. Owens and Wiss Bernice F. Jones for study and recommendation a request of Mr. Claude M. Dlckerson, City Contract Pharmacist. for an increase of $3,300.00 of his remuneration under his contract, the committee submitted a report, advising that its study indicated that there has been consider- able increase in the volume of work required of the Contract Pharmacist, resulting in additional work on the part of said Pharmacist, and recommending that the tuques be grnnted. Mr. Webber moved to concur in the recommendation of the committee and offered the following emergency Ordinance: (#13519) AN ORDINANCE to amend and reordain Section nSl. "City Physician," of the 1959 Appropriation Ordinance, arid providin9 for uti emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 233.l Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Dr. Cumuli and adopted by the following vote: AYES: Council members Anderson, Cornell. Pickett, Webber. Young, and the President, Mr. Mheeler ......................... NAYS: Mr. Dillard ..................... LICENSE TAX CODE: Council at its meeting of January 19, 1959, having referred to a committee composed of Messrs. Randolph G. Whittle, Chairman, Harry R. Yates and Arthur S. Owens for study and recommendation u request Of four Roanoke printing companies that the license tax on printers as contained in Section ~4 Of the City License Tax Code be repealed, and a request Of Sunshine Laundry and Drycleaners of Roanoke, Incorporated. that Sections 56 and GO of the City License Tax Code be amended to permit laundry and drycleuning establishments located within the city to exclude from their income for license tax computation that portion of their business derived from other political jurisdictions where such establishements also pay a license tax thereon, the committee submitted its report, advising that after considerable study in its judgment it mould be unwise for Council. at this time, to further alter the city's license tax structure, and recommending that both requests be denied. 3zl, 9 350 Rcs. Pickett moved to concur ia the recommendation of the committee end to deny the requests~. The motion mrs seconded by Hr. Young and adopted. UNFINISHED BUSINESS: BUDGET-ROANOKE OAR ASSOCIATION: Council at its meeting of November t950, having tabled for consideration along with the 1959 budget a request of the Roanoke Bar Association that Council consider appropriating $1,500.00 in the 1959 budget to pay part of the upkeep and Improvement expense of the Lan Library. and no appropriation having been made in the 1959 budget, the matter mas again before the body for final disposition. Rt. Robber moved to deny the request. The motion was seconded by Young nod adopted. CITY JAIL: Council at its meeting of November 3, 195fl, having tabled for consideration alan9 with the 19S9 budget a request of Rt. Raymond P. Barnes that the city provide for the retention of physically and mentally ill persons committed to the City Jail in hospitals in the c~ty0 and no action having been taken thereon ia 1959 budget study, the matter was again before the body for final disposition. Rt. Young moved to deny the r~quest and to continue the use of facilities presently being utilized. The motion mas seconded by Mr. Anderson and adopted. GAROACE REMOYAL: A report of the City manager, transmittin9 a tabulation of bids for one R-ton garbage truck and load packer body. 16-yard capacity, and recommending the acceptance of the bid of Antrim Rotors. Incorporated, in the amount of $0,024.00, using a Pak-Mor body. as the low bid meeting the city's specifications, having been tabled by Council at its meeting of January 26. 1959, until its next regular meeting, the matter was again before the body. The City Manager again advised Council that the cJty°s specifications called for a cylindrical packer body of the type made by Fat-Rot und that the Hyde-Pak body does not meet these specifications in that it is a square body and not readily usable in the a~leys of the city. Mr. R. Paul Fultz. representing the Hyde-Pat body bidder, appeared before Council and stated that the bid of Antrim Rotors, Incorporated. including the Hyde-Pat body, in the amount of $7.544.00. is low. that the body is no larger than some of the garbage collection units now'used in the city's alleys, which urn as some of them, consequently, there can be no square in nature, nod not as large uestion of being able to operate the equipment in the city's alleys, that the previous week Council accepted a bid on three to four ton truck units with load packer bodies lower than the one submitted for the unit carrying the Garwood load in which instance the low bld did not meet the city' packer body sold by his firm. specifications, and that if the city is to adhere strictly to specifications in with utter disregard to lam price, then there one instance and matin the other, will be no point in biddi~g on its requirements. Rt. Robert Davis, representing the manufacturers of the pek-Rot body, also appeared before Council and stated that he submitted his bid in strict accordance with the city's specifications and feels that he is entitled to award cf the business on that basis, that had he hnomn the city would accept other than a cylindrical body he could have bid upon a square body at a lesser cost. The City Manager then presented Mr. M. L. Sink, Superintendent, Sanitation Department, Mr, Milton E. Showalter. Foreman, Sanitation Department. and Mr. R. E, Riohardson, Superintendent, City Garage. eho supported the cltyOs request for the cylindrical type body. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered a Resolution accepting the proposal of An(rim Motors, Incorpornted. for supplying one R=tone garbage truck, at a price of $0.024.00. using the Pak-Mor body, authorizing the City Purchasing Agent to issue the requisite purchase order, and rejecting nil other bids, and moved Its adoption, The motion was seconded by Mr. Anderson. Dr. Corneil then offered a substitute motion to accept the low bid of An(rim Motors, Incorporated, in the amount of $?.S44,00. using the Hyde-Pak body, and to direct the City Attorney to prepare a Resolution providin9 therefor. The motion was seconded by Mr. Dillard and adopted, Council members Anderson and Pickett voting no, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SCHOOLS-PARES AND pLAYGROUNDS: Ordinance No. 13584. authorizing and directing the conveyance of ? 1/2 acres, more or less. situate in the southern portion of Shrine Hill Park, to the Board of Visitors of Virginia Polytechnic Institute as a site for the proposed Roanoke Technical Institute. havin9 previousl been before Council for its first reading, read ~nd laid over. Has again before the body for its second reading and final adoption. Mr. Mebber moved to table the Ordinance until the Ordinance to be prepared by the City Attorney, providing for conveying unto the Board of Visitors of Virginia Polytechnic Institute approximately 20 acres of land at the City Farm on Colonial Avenue'. S. W., is before Council. The motion was seconded by Mr, Young and adopted, Council members Cornell and Dillard voting no. STREETS AND ALLEYS: Ordinance No. 1359~. permanently~vacating, discontinu- ing and closing an easterly portion of Nhiteside Street, N. E.. north of Huntington Boulevard, having previously been before Council for its first reading, read and laid over. sas again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (mlSSgO) AN ORDINANCE permanently vacating, discontinuing and closing an easterly portion of Mhiteside Street. N. E., (formerly 6illaspie Road), north of Huntington Boulevard, N. E.. an area of 1,400.00 square feet. -(For full text of Ordinance. see Ordinance Book No. 23. Page 229.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the followtn9 vote: AYES: Council members Anderson. Cornd 1, Dillard, Pickett, Webber, Young, and the President. Mr, Rheeler ........ NAYS: None ...................O, 351 352 CONRISSIONER OF REVENUE: Council et its meeting of Jnnuur! 26, 1959, having.directed the prepcrntion of Resolutions accepting the low and only bids received for tax eccounting end billing equipment rom the Office of the Commissione of the Revenue. Hr. Dillard offered the following Resolution. accepting the proposal of Addressogreph-Rultlgrnph Corporation: (m13620) A RESOLUTION accepting the proposal of Addressogreph-Bultigraph Corporation for supplying certain equipment for the local Commissioner of Eevenue°s Office; and authorizing the City Purchasing Agent to issue the requisite purchase order. (For full text of Resolution, see Resolution Book RD. 23, Page 233.) RFo Dillard moved the adoption Of the Resolution. The notion nas seconded by Hr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pichett. Mebber, Young, end the President, Rt. Rheeler ........ NAYS: None ...................O. Dr. Cornell then offered the following Resolution accepting the proposal of The National Cash Register Company: (~13621) A RESOLUTION accepting the proposal of The National Cash Register Company for supplying National tax billing machines for the local Commissioner of Revenue*s Office; and authorizing the City Purchasing Agent to issue the requisite purchase order therefor and, also. for the furnishing of an accounting machine for the local Juvenile and Domestic Relations Court. (For full text of Resolution, see Resolution Book No. 23. Page 234.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Br. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, ~ebber, Young, and the President. Br. Nheeler ........ NAYS: None ................... O. ROTION~ AND RISCELLANEOUS BUSINESS: NONE. . There being no further business, Council adjourned. Presioent ,! 353 COUNCIL, RECULAR MEETING, Monday, February 9, 1959. The Council of the' City of Roanoke met in re'gular' meeting in the Council C~amber in the Municipal Building, Monday, February 9, 1959, ut 2:00 **clock, p. m., the regular meeting hour, with the President, Mr. Mheeler, presiding. PRESENT: Council members Anderson, Cornell, Dillard, Pickett, Nebber, Young, and the President', Mr. Mheeler ABSENT: None ....................O, OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph O. Mhlttle, City Attorney, Mr. Harry R. Yotes, City Auditor, and Mr. J. Robert Thomas. city Clerk. INVOCATION: The meeting nas opened' with a prayer by the Reverend B. L. Mozingo, Pastor, Jefferson Street Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, January 26, 1959, haying been furnished each member of Council, upon motion of Mr. Young, seconded by Dr. Cornell and adopted, the reading was dispensed with and the minutes approved as recorded. Copy of the minutes of the regular meeting held on Monday, February 1959, having been furnished each member of Council, upon motion of Mr. Young, seconded by Dr. Cornell and adopted, the reading sas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalachian Power Company, reportin9 the installation of one 2500 lumen street light in the city during the month of January, 1959. Mrs. Pickett moved to file the communication and report. The motion was seconded by Mr. Young and adopted. SIGNS: The City ClerR presented a communication from the City Planning Commission. transmitting a request of Leggett's Department Store, Incorporated, that it be granted a permit to extend the'existing marquee on th~ front of its store building on the south side of Campbell Avenue, S. N., mest of First Street, and ~emodel the exIstlng marquee at that location, as well as the marquee at its entrance on First Street, $. W., south of Campbell Avenue, the Commission recom- mending that Council grant the request of the corporation and authorize the issuance of a permit therefor. Mr. Webber moved to direct the City Attorney to prepare a Resolution providing for the granting of the permit as requested. The motion was seconded by Mr. Dillard and adopted. REPORTS OF OFFICERS: SOLICITATIONS: The City Manager reported the appointment of Messrs. Frank J. Sherertz and A. S. Rachal, Jr., as members of the Advisory Commission on Public Solicitation for terms of two years each to expire December 31, 1960. 354 The report .was ordered filed, £IT! PLANNING COMMISSIONS: The City Manager reported the appointment of Messrs, L, Graham Heynle, Jr,. Joseph D, Lawrence ned B, N, Eubank as members of the City Planning Commission for terms of four lears each to expire December 31, 1962.' The repor't was ordere~ filed, STAT~ HICBJA¥~: Couoc'll, by Re*solution No, 13084, adopted on the 2?th day of ~ay. 1957, baying concurred la a Resolution of the* Council of the To~n of Vioton, requesting a surrey by the Virginia Department of Highways to determine the probable cost of providing a di'rect thoroughfare from the Town of Vlnton to the City of Roanoke, and ~greeing to participate fn the cos*t of the surrey' to the extent of tmenty-five per cent thereof, the City Manager presented a study ~f the relocation of Route 24, extending from the existing Route 24 at the intersection Of Tazewell Avenue and Thirteenth Street. S. E** northward on Thir'teenth S'treet to Mis~ Avenue, thence eastward on Wise Avenue to, and across, Tinker Creek near the old street car ~ight of way. thence along Walnut Avenue and e*xtenst~n to Mashingtoo Avenue and over ~ashiugt~n Avenue to the intersection of Pollard Street the existing Route 24 in Vinton, showing the estimated cost of such relocation to be $322,$00.00 Sithin the City of Roanoke and $467,500.00 within the Town of Vinto~, plus $112,O80.00 for twenty year maJetenance, as prepared by the Virginia Department of Highways, the City Manager advis'lng that since the request was originally initiated by the Town of Vinton it is his opinion that no action should be taken by the city at this time, leaving the initiation of any action to the Town of Vinto. Mr. Webber moved to table the report for future consideration. The motion was seconded by Mr, Young and adopted. STREETS AND ALLEYS: The City Manager reported that the Purchasing Agent haste calved bids for the construction of concrete pavement on Church Avenne, S. M.. between Jefferson Street and Second Street. and submitted a tabulation of bids received, showing the bid of Pioneer Construction Company, Incorporated, the*amount of $35',~65.00, as the low bid, ~he City Manager recommending that Council accept the said bid and authorize a contract for the construction of the work, advising thai'the bi~ of Pioneer Construction Company, Incorporated, exceeds the tentative amount coe~ained in the 1959 budget by $4,865.00, but that no additional appropriation will be required to provide for the construction since sufficient funds are In the overall appropriation contained in the budget, that in his opinion pavement of the *mo blocks in question is essential to relieve a storm water condition by reason of the fact that successive surfacing of the pavemect bas built the level thereof up so high that gutters have been practically eliminated, thus permitting storm waters to flow over the sidewalk. Mrs. Pickett moved the concur in the recommendation of the City Manager and offered the following Resolution: 'i (s13622) A RESOLUTION accepting the proposal of Pioneer Construction Company,lac** for the construction of concrete pavement on Church Avenue. from Jefferson to Second Street, S. M,; authorizing the proper City officials to execute the requisite contrnctl and rejecting all other bids, (For full text of Resolution, see Resolution Book ~o. 23. Page 235,) Rrso Pickett moved the adoption of the Resolution, The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett god #ebber---5. NAYS: Mr, Young. end the President, Mr. Wheeler ........................2. REPORTS OF COMMITTEES: NONE, UNFINISHED BUSINESS: ZONING: Council at its meeting of January 12, 1959, having referred to the CJiT Planning Commission for study and recommendation a request of Charles M. and Timple E. Sherrill that a portion of their property located on the southeast side of Frafltlin Road, S, Wo, between Arenham Arenue and Beechwood Drfre, be rezoned from General Residence District to Business District. the City Planning Commission submitted its reportt recommending that the request of the petitioners be granted and that the rezoning include an additional strip of land on the rear of the said property. Mr. Young moved to hold a public bearing on the request at p. m.. March 9. 1959. and to direct the attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The notion was seconded by Dr. Cornell and adopted. ANNEXATION: Council at its meeting of February 2. lqSg. having tabled until its next regular meeting a report of the City Manager concerning the cost of employing technical assistance in connection with the proposed annexation, the matter was again before the body. The City Clerk presented the following communications germane to the subject: a letter from the Roanoke Merchants Association. advising that its Board of Directors is of the opinion that annexation is necessary to the con- tinued growth and progress of the citT. that while the city bas had its.economic Jolts during the past year this should merely serve as aa incentive to redouble community efforts to insure the long-range welfare of the com~anity, and that many advantages would undoubtedly accrue to the city economically if steps were taken to proceed with an orderly annexation, which would, among other things. insore it of a 100.000 population; a letter from Mr. M. M. Armistead. President. Roanoke Valley Development Corporation. advising that said corporation was formed by business interests of Roanoke Valley in 1953 as a vehicle for promoting industrial development of the community, that in its dealings with industries considering Roanoke Valley for location or expansion of their plants one of the areas critically Surveyed is that of community spirit, that the city's determinationto expand its municipal.boundaries is vital evidence of its determination to progress, that while there is never an ideal time to embark upon an annexation program there will never be a more propitious time t~ indicate ,356 the city goverument*a faith in the future betterment of the municipality, that it is highly important that Roanoke attain c population figure or 1oooooo in order to attract business and industry, Mtn Armistead requesting that Council authorize the detailed necessary study loohing formard to a substantial annexation at the earliest possible moment; u letter from Mr. Stuart To Saunders. President, Nor*nih and ~esteru Hallway Company, stating that he believes it is absolutely essential to the future well-being of the city that a sufficient area be annexed immediately to insure it of · population of at least 100,000 in the 1960 census, and that in the Rallway*s efforts to attract new Industry into this area and to persuade existing industries to expandit is very important to be able to show that the city is still growing and that its leaders are anxious to do everything they can to promote such growth, Hr. Saunders expressing the hope that Council will proceed with an annexation program; a letter from Hr. E. H. Ould, President, The First National Exchange Bank of Roanoke, stating that any hesitancy on the part of Council ~n its consideration of the annexation of additional area is a cause of real concern to the business community, that unemployment resulting from recent shocks to the local economy bas amakened the people to the realization of the importance of courageous, aggressive and constrnctive measures by both business and government to solve the present problems and lay the foundation for growth and prosperity in the future, that o~ such measure would be a reasonable program of annexation which is vital to the proper growth of the city, andwould, in his opinion, be of particular value in increasin9 the population above IOO,000. Mr. Ould expressing the hope that Council will fully explore the advisability of proceeding with all reasonable dispatch toward the annexation of such area as should now or in the ne~r future become a part of the city. thus giving concrete evidence that Roanoke is, still a dynamic city, undismayed by temporary reverses, and determined to continue its lan9 record of progress; a letter from Mr. B. L. Lawson. Jr., President. Ho L. Lawson and Son, Incorporated, advising that he has discussed the subject of annexation wtlh large numbers of Roanoke businessmen, and that without exception they are heartily in favor of comprehensive studies being made as rapidly as possible in the matter; a letter from Mr. Blake T. Newton, President. Shenandoah Life Insurance Company, expressing the hope that Council will proceed with dispatch to a conclusion to annex obviously appropriate areas around the city, which he believes will assure the long-term growth and economic expansion of the area; and a letter from Rt. Bo B. Layman, expressing opposition to the city annexing more territory until it is able to finance same and expressln! the belief that annexation and taxes are driving some businesses into the surround- ing area from the city. gessrso Arthur T. Elicit, President, and Aa $. Rachel, Jr** Executive Director, Roanohe Chamber of Commerce. appeared before Council and advised that the Board Of the Chamber Of Commerce urges Council to proceed with studies with the idea of annexing proper areas to the city to assure the growth of the city and increase the population to in excess of 100,000 uhich is important to entice additional business and industry into the Valley, Messrs, Ellett and Rachel advising that Roanoke's present standing in the 200 top metropolitian areas in the United States is lgath and unless continued growth is assured the city mill lose its position, which would he detvimeotnl from a business point of view, In response to a request of Council, the City Manager presented a letter fram Harlcnd Bartholomew and Associates doted January q, lgSg, advising thor the firm would be pleased to undertake the preparation of a study on the need of annexation of additional territory by the City of Roanoke and to give expert testimony In court proceedings incident thereto, the report to culminate in a determination of the most logical city boundary at this time, the firm snggesting a fee of $13,500.00 for the work and a fee of $100.00 per day, plus travel and living expenses, for subsequent testimony, based upon Areas *A*, *fl*, *C* and *H" heretofore considered by Council, advising, however, that after the studies are made the report will possibly suggest some modification or enlargement of certain of the proposed boundaries. Mr. Young moved to direct the City Attorney to prepare a Resolution pr*vid= lng for the employment of Uarlaod Bartholomem and Associates to make a study of urban areas lying in Roanoke County contiguous to the city with reference to the probable annexation thereof in accordance with the firm's letter of January g, 195g, The motion Was seconded by Mr. Anderson and adopted. SCHOOLS-PARKS A~D PLAYGROUNDS-CITY HOME: Council at its meeting of February ~ 1959, havin9 referred to the City Plonnin9 Commission for study and recommendation a request of the Sub-Uommittee of the Board of Visitors of Virginia Polytechnic Institute that the city make available as an alternate site for the proposed Roan*he Technical Institute approximately tmenty acres of land located on the southerly side of Colonial Avenue, S. W., being a portion of the westerly end of the City Farm. and at the same time having directed the City Attorney to prepare an Ordinance providing for the transfer df the property in question to the VPI Board of Visitors, the City Manager to furnish the City Attorney the necessary description of the property, the report of the City Planning Commission was pre- sented, in which it advised that the Commission has studies the request and the property and recommeflds that Council make available to the VPI Board of Visitors a tract of land approximating sixteen acres, being the westernmost portion of the City Farm and lying approximately 100 feet west af the old City Il*me, as an alternate site for the proposed Roanoke Technical Institute. reserving, however, a 15-foot strip of land along Colonial Avenue for the future widening thereof and providing a 50-foot right of way for Winding Way Road. Mr. Dillard moved'that Council concur in the recommendation Of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~13623) AN ORDINANCE authorizin9 and directing the proper City Officials to prepare, execute and deliver a deed conveying unto the Board of Visitors of the Virginia Polytechnic Institute lb acres, more or less, comprising the westernmost portion of the City Farm that is located on the southerly side of Colonial Avenue, So Wu WHEREAS, the subcommittee of the Board of Visitors of V.P.I. for the Roonok Techafcol Institnte, by Its resolution of January 28, IgSg. reqnested, as an alter- 357 358 mute proposal for the site of the ·foresaid Instituter that the City of Roanoke make available · tract of land consisting of approximately 20 acres and comprising the westernmost portion of the City Y·rm that is located on the southerly side of Colonial Avenue, S, M.; that the City be requested to remove a cemetery located thereon; and, further, that it be requested to execute preliminary grading mhen and as required to make the site suitable; and MBEREAS, this Council, at its meeting of February 2. 1959, requested the City Planning Commission to study and recommend whether or not, in its Judgment, the hereinafter described real estate constituted a favorable site upon which to locate the aforesaid Roanoke Technical Institute; and Wl~REAS, the aforesaid Plunning'Cosmissicn did, under date of February 5. 1959, report, in writing, as follows, viz,: 'The Commission approves the alternate site for the proposed Roanoke Technical Institute, and recommends that City Council make the tract of land available for that purpose,u TBEREFORE, BE IT ORDAIh~D by the Council of the City of Roanoke as follows: 1. That the City Attorney be, and he is hereby, directed to prep·re a deed of bargain and sale pursuant to which the City of Roanoke gives and conveys unto the Board of Visitors of the Virginia Polytechnic Institute for a nominal consideration, with covenants of special warranty, the following described real estate comprising the mesternmost portion of the City Farm that is located on the southerly side of Colonial Avenue, $. W., and situated in the City of Roanoke, to be used as a site for the Roanoke Technical Institute, viz.: BEGINNING at a point on the Westerly right of way line of the Norfolk and Mesteru Rail- way (Minston-Salem Division), said point being a common corner of the property of E. F. Jamison. et al.. as of record in Deed Rook 326, page 124, in the Clerk's Office of the Circuit Court for Roanoke County, Virginia, and the property of the City of Roanoke. Virginia, as of record in Deed Book *5",page 427, in the Clerk's Office of the Circuit Court for Roanoke County. Virginia, said point being on the present westerly Roanoke corporation line; thence, l~viug said point with the said corporation line (said line is a common boundary of the properties of the said £. F. Jamison and the City of Roanoke). N. 46° 26* M. passing an iron pipe by a post at 4.0 feet. In all a total diJtance of 462°70 feet. to a point on the same; thence. ~vtng said angle and cor- poration line with a mew line through and across the said City property, the following five (5) courses: first, N. 45° 29' Mo 341.57 feet to an angle point on the easterly line of Minding Way Road (50 feet wide); thence, with said easterly line of Minding Way Road. N. 31° 25' M. 243.0 feet to a point; thence.leaving said Minding May Road on a curve to the right with a radius of 25.0 feet (and a chord bearing and distance of No 15° 12' E. 36.36 feet) an arc distance of 40°37 feet to a point on the southerly line of a 15-foot wide strip hereby reserved for street widening of the present Colonial Avenue. S. M., (50 feet wide), said strip being south of and adjacent to south line of present Colonial Avenue; thence, with the said southerly line of said 15-foot strip. ~. 61° 52' E. R73.55 feet to a pc~t; thence, leaving said southerly line With a new line across the said City property. 5. 25° 05' E. 762.60 feet to a point on the said westerly right of way line. the following six (6) courses: first. $. 46° 50' R. 211.23 feet to a point; thence on a curve to the left with the following consecutive chords and distances: first, S. 46° 06' ?0.03 feet; thence, S. 42° 44' IO2o44 feet; thence, S. 36° 4?* M. 103.15 feet; thence, S. 30° 44' W. 103.20 feet; thence, S. 24° 24* #. 106,97 feet to the place or D£GINNING and containing 16.23 acres, wore or less; eed R£1NG a southwesterly portion of the property of the City of Roanoke, Virginia, (known us the City Aiwa Howe) aa of record in Deed Oooh uSm, page 427, in the Clerk's Office of the Circuit Court for Roanoke County, Virglnie, and as shown on Plan No. 4367, dated February 9, 1969, prepared by and on file in the Office of the City Engineer, Roanoke, Virginia. 2. That, upon the preparation of the aforesaid deed, and after the cemetery situated upon the above-described property has been lawfully removed by the City, the Mayor'or the City of Roanoke be. and he is hereby, authorized and directed to execute the same, for and on behalf of the City of Roanoke, end the City Clerh Is hereby directed to attest such execution, affixing the City's seal thereto, and, thereafter, deliver said deed unto Dr. Walter $. Newman, President of the Virginia Polytechnic Institute, or to ~homsoever said President may direct. The motion was seconded by Mr. Anderson aud adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett, Mebber. Young, and the President. Mr. Wheeler .......... NAYS: None ............................OD HEALTH DEPARTMENT: Council at its meeting of February 2, lgSq, having tabled for consideration at its next regular meeting a recommendation ~ the City Manager that the Housing and Hygiene Ordinance be amended, the matter was again before the body. Dr. Cornell moved that Council concur ia the recommendation of the City Manager and that the followin9 Ordinance be placed upon its first reading: (u13624) AN ORDINANCE to amend and reordain Sec,Jun ~. 'To be weatherproof and adequately heated'; Section 9. 'Requirements for rooms in basements to be leases'; Section 10. 'Air space and floor area of rooms used for sleeping purposes' Section 12. *Running water and sinks to be provided*; Section 13. *Namer closets. bathtubs or showers required; type and location'; Section 15. *Ventilation and lighting of basements*; Section 20, 'Same--Manner of serving notice*; and deleting Section 25. *When obligation arises to comply with chapter** of Chapter g. 'Duell- Jags. Dwelling Units and Habitable Rooms* of Title XlII. 'Health* of The Code of the City of Roanoke, 1956. DE IT ORDAINED by the Council of the City of Roanoke that Section 6. *To be weatherproof and adequately hea~ed'; Section 9° 'Reqnirements for rooms in basements to be leased*; Section 10. 'Air space and floor area of rooms used for sleeping purposes*; Section 12. 'Running water and sinks to be provided*; Section 13. *Water closets, bathtubs or showers required; type and location'; Section 15. 'Ventilation and lighting of basemen,o'; and Section 20. 'Same--Runner Of serving notice*, of Chapter 9. *Dwellings, Dwelling Units and Habitable Rooms' of Title IIII. 'Health' of The Cede of the City of Roanoke, 1956. be, and each of said sections is hereby, amended and reordained so as to read as follows: 359 Sec. 6. MeatherDroofisn nad hentina. The owner shell wake every dwelling, dwelling unit and habitsble reasonably weatherproof and capable of being adequately heated, ~ Habitable rooms to be. occupiedt ~o room shall he leased and no occupant shall occupy any roan unless: {a) The clear inner height is at least seven feet, six inches; end (b) The uppermost three feet of the required clear Inner height is above the avernge ground level and the floors and walls are water and dnwpproof in accordance with an approved wethod if in contact with earth, unless adjacent area- ways or other approved means shall provide reasonable equivalent natural or artificial light and ventilitation. ~ec. 10~ Air space and fluor area of rooms used for sleeping purposes, No owner shall knowingly lease and no occupant shall use a room for sleepit purposes unless there are at least four hundred cubic feet of air space and the room shall be not less than seven feet wide in any part and shall contain not less than seventy square foot of gross floor area. Such rooms shall have a clear height of not less than seven foot six inches for at least sixty square foot of floor space. Sec. 12. Runninq water and sinks to be provided. The owner shall provide every dwelling unit containing one or more rooms with running water and at least one sink connected to the public sewer or to an approved sewage disposal system. No dwelling or dwelling unit for rent shall be constrncted without providing means for running hot and cold water. ,~,ec. 13. Mater closets bathtubs OF showers required; type and location. The owner shall provide at least one flush-type water closet, either of the standard chine type or of the frostproof type, for each ten persons or fraction thereof occupying a dwelling, accessible to all occupants without the necessity of entering the dwelling unit of another. If the standard china type is provided it may be located within the dwelling. If the frostproof type is provided it shall be located in a room attached to the dwelling by a passage or areaway protected from the weather and shall be properly screened. No dwelling hereafter shall be constructed without having provided therein at least one standard china type water closet and one bathtub or shower for each ten persons occupying said dwelling, which facilities shall be located in a room within and accessible from within the dwelling; in the manner hereinabove provided for the water closet; and no OCCupant shall use such dwelling unless it gall have such required number of water closets and bathtubs or showers. Sec. 15. Toilet ventilation and liQhtinoo The owner shall provide every toilet and every bathroom in a dwelling with adequate light and ventilation. Sec. 20. Same--~anuer of servinq notice. Service of the notice required by section lg of this chapter may be made by any person by delivery of a copy of such notice to the party to whom directed in person; or if he or she be not found at his or her .suni place of abode, by delivering such copy and giving information of its purport to any person foand there, who is a member of his or her family (not a temporary sojourner or guest) and above the age of sixteen years; or if neither he nor she, nor any person be found there, by leaving a copy of the notice posted at the front door of such place of abode; provided, however, that if such notice in writing shall have reached its destination five days before the expiration of the time specified in in such notice, it shall be sufficient, although not served in the manner above mentioned. .Mhen such notice is'posted such~dwelling'shall not be leased or occupied until all violations have been corrected and approved by the Health Department. Any person who shall remove or cause to be removed such posted notice without due authority shall be punishable as provided in Section 29. BE IT FURTHER ORDAINED that Section 25 of the aforesaid chapter and title be, and the same is hereby, repealed, The mot~n mas seconded by Hr. Anderson. Hessvs. G. Frank Clement. President° and. Eugene S. Bromn. member. Housing and Hygiene Board. appeared before Council and udivsed that the amendments offered in the proposed Ordinance have been approved by the Hoard° uhich recommends their adoption, and are designed tn strengthen the present lam and remove inconsistencies contained therein. Dr, Narga~et #. Gleudy, Co~mlssfoaer of Health, appeared before Council and recommended the adoption of the Ordinance for the reasons presented by members of the Housing and Hygiene Board, advising that the requested amendments are ~ecessary in the ordiuary operation of the. housing and hygiene program, Mr, Edward G. Nininger, President, Roanoke Valley Real Estate Hoard, appeared before Council and advised that the Real Estate Hoard endorses the pro- posed Ordinance. The motion of Dr. Cornell mas then adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young. and the President. Mr, Wheeler .......... NAYS: None ........................... Mr, Young then stated that so far as he can determine there is no provisiol in the law, or the proposed amendment thereto, for appeal from rulings of the Housing and Hygiene Hoavdto a proper court of law and moved to direct the City Attorney to determine whether or not the law provides for such appeals, and. if not, to prepare an Ordinance amending the City Code to provide for such an appeal to the proper court, The motion was seconded by Mr. Dillard and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SCHOOLS-PARKS AND PLAYGROUNDS: Ordinance No. 135B4, authorizing the conveyance of 7 112 acres, more or less, in the southern portion of Shrine Hill Park, to the Board of Visitors of Virginia Polytechnic Institute, as a site for the proposed Roanoke Technical Institute, having previously been before Council for its first reading, read and laid overt was again before the body, Mro Blllard offering the followin9 Ordinance for its second reading and final adoption: (n13504) AN ORDINANCE authorizing and directing the proper City Officials to prepare, execute and deliver a deed conveying unto the Board of Visitors of the Virginia Polytechnic Institute 7 1/2 acres, more or less. situate in the southern portion of Shrine Hill. (For full text of Ordinance. see Council Minutes of January 12, 1959.) Mr, Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell. Mr. Young offered a substitate motion to table the Ordinance. The motion was seconded by Mr. Webber and adopted by the followin9 vote: AYES: Council members Anderson, Pickett, Webber, Young, and the President Mr. Wheeler ............................................ 5. NAYS: Council members Dillard and Cornell .....2, GARBAGE REHOVAL: Council at its meeting of February 2, 1959, having directed the preparation of a Resolution accepting the proposal Of Antrim Motors, 362 ' Incorporated, for supplying one 2-ton garbage truck, based upon its bid of January 21, 1959, at a price of $?,544,00~ using a Hyde-Pek body, Dr, Cornell offered the following Resolution: (a13625) A RESOLUTION accepting the proposal of Aotrim Iotors, Inc,, for supplying one 2 ton garbage truck~ authorizing the City Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 23, Page 236,} Dr. Cornell moved the adoption of the Resolution. The motion was seconded hy Br. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, Young, and the President. Rt. Whaler NAYS: None .....................................O. HOTIONS AND RISCELLANEOUS BUSINESS: QUALIFICATIONS: The City Clerk reported the qualification of the following Rt. Carroll g. Traylor as a member of the Advisory and Appeal Board, Air Pollution Control. for a term of four years beginning January 1, 1959; Br. H. Hiter Harris, Jr.. as a member of the Advisory Committee on Investment of Funds of tho Employees' Retirement System for a term of three years beginning January 1, 1959; Messrs. Eugene S. Brown and John M. Thompson as members of the Ilousing and Hygiene Board for terns of two years each beginning February 1, 1959; Mr. Flare S. Baird as a member of the Advisory Commission on Public Solicitation for a term of two years beginning January 1, 1959; an d the tlonorable Vincent S. Wheeler as a member of the Roanoke Valley Regional Plannin~ and Economic Development Commission for a term of three years ending December 31, 1961. The report was ordered filed. There being no further business, Council adjourned. A P P R 0 V E D President COUNCIL, REGULAR MEETING. Monday, February 16, 1959. The Council of the City of Roan*he met in regular meeting ia the Council Chamber in the Municipal Building, Monday. February 16, 1959, at 2:00 **clock, p. mo, the regular meeting hour, mith the President, Mr. Wheeler, presiding. PRESENT: Council members Anderson, Cernell, Dillard. Pickett, Webber, Young, and the President, Mr. Wheeler .............. ABSENT: None .............................O. OFFICERS PRESENT: Mr, Arthur S, Owens, City Manager, Mr. Randolph Whittle, City Attorney, Mr. Harry R. Yarns, City Auditor. and Mr. J. Robert Thomas. City Clerk. INVOCATION: The ~eetfng mos opened with a prayer by Dr. John Myna Myers, Pastor, Greene Memorial Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, February 9, 1959, having been furnished each member of Council, upon motion of Mr. Young, seconded by Or. Cornell and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC ~ATTERS: NONE. PETITIONS AND COMMUNICATIONS: GARBAGE REMOVAL-TRAFFIC: The City Clerk presented a communication from the Roanoke PTA Council. complaining of the odor, vermin, flies and fire at the dump in the Washington Park area and of the danger of school children crossing Orange Avenue, N. W.. and other heavily travelled streets in the vicinity of Lucy Addison Senior high School, Booker T. Washington Junior High School and Lincoln Terrace Elementary School. Mr. Alexander White, President, Roanoke PTA Council, appeared and stated that school flashing lights have been in use in the city for several years at certain schools, but that none have been placed in the vicinity of the negro school center on Orange AYenue, The City Manager advised Council that the last session of the General Assembly of Virginia amended the las covering school flashing signals, necessitat- ing a new design for such signals, and that he has provided for the purchase of sufficient signals to cover all of the schools in the city and funds have been included ia the 1959 budget therefor, the City Manager explaining that the signals sill be erected at all schools as rapidly as possible. Mr. Dillard movedto refer the qoestion of school traffic signs to the City Manager. The motion was seconded by Dr. Cornell and adopted. Mr. George P, Lawrence appeared on behalf of the Roanoke PTA Council and stated that in his opinion the operations at the city dump arc not conducted in accordance with approved methods, suggesting that either approved methods be used, as established by the State Health Department, or that the damp be abandoned. 363 364' The City Hanager stated that, within the cJty*s means, every possible measure is being taken in the operation of the damp in question, as well as oil other dumps in the city, to eliminate and control the matters complained of. Dr,.Margaret M, Glendy, Commissioner of Ilealth, appeared and stated that the Health Department constantly maintains a program of spraying the dumps to eliminate flies and other vermin, using the most modern material and techniques, and, in addition, continually baits and Masses rats in the dumps, Dr, Glendy advising that in her opinion proper action is being taken by the city to eliminate danger from disease, Mr. J, Y. Brown, Chief of the Fire Department. appeared and stated that every precaution is being taken to eliminate fires on the dumps in the city, such fires receiving the same attention from his department as those in the homes of people. Mr. John L. Wentworth, Director of Public Murks. appeared and Anted that he estimates the damp at Washington Park mill be filled and abandoned in approxi- mately two years, that there is not sufficient dirt ava~able in the city to operate a complete land fill method, that all available dirt is being used, and that if the dump were abandoned, it would take approximately ten years to fill it with dirt available in the community. Mr. Webber moved to refer the matter to the City Manager. The motion was seconded by Mr. Dillard and adopted. CITY TREASURER: The City Clerk presented a request of the City Treasurer that the petty cash fund in his office be increased from $3,000.00 to $40000.00, advising that the reason for the request is that rates for jury and witness duty were increased in 1958 and that often be does not have sufficient funds available in his office for the payment Of the claims for such duty pending reimbursement of claims previously paid for the state and the city. Mr. Dillard moved to concur in the request of the City Treasurer and offered the following Resolution: (=13526) A RESOLUTION to establish a petty cash fund for the Treasurer of $4,000.00, and revoking Resolution No. 11742, adopted on the 16th day of March, 1953. iFor full text of Resolution,;see Resolution Book No. 23, Page 239°) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, Young. and the President, Mr. Mheeler ............... NAYS: None ............................Oo Mr. Mebber theo offered the following emergency Ordinance appropriating funds for the increase in the petty cash fund: (n13627) AN ORDINANCE to amend and reordatn Section n154, "Refunds and Rebates,' of the 1959 Appropriation,Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 23, Page 239.) Hr. #ebber moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson. Corn. Il. Dillard, Pichett, Webber, Young, and the President, Mr. Jheeler ............... ?. NAYS: None ............................O. REPORTS OF OFFICERS: RECREATION DEPARTMENT: Council having previously requested the City Manage! to check on needed improvements at Ruena Vista Recreation Center in Jackson Path and to report thereon, the City Manager reported that a new roof has recently been installed on the building and that included in the program for 1959 are interior and exterior painting, roadway repairs and installation of tennis court lights for teenage dances and related activities, the City Manager advising that these are all of the improvements he feels are necessary at this time. Mrs. Pickett moved to concur in the report of the City Ranager. The notion was seconded by Dr. Corn,Il and adopted. MAYER DEPARTMENT: The City Manager presented a communication from the Manager of the Mater Department. advising that because of the growth of the city and the possibility of annexation it is his opinion that the city should consider the employment of Alvord. Burdtck and Hoason. Consulting Engineers. to review the city*s water requirements and up-date its 1954 study and report on said needs. in which it was pointed out that the city could increase its water supply by tunneling througb the mountain to intercept water from Tinker Creek. adding an additional five million gallons per day. and intercepting water from the Catawba Creek watershed for an additional five million gallons per day yield, thus increasing the Carvins Cove water supply by ten million gallons per day. the new study to include the possibility of obtaining water from the Smith Mountain Dam project of the Appalachian Power Company. the Manager of the Rater Department pointing out that if the Smith gountain Dam source is considered it migbt be practical to plan for intake structures to be built before the dam is filled, tba~ the gaging stations on Catawba Creek and Tinker Creek have been in operation only about two years and that more time may be needed for accurate predictions, how- ever. in his opinion, it wouldbe wise to secure expert advice for overall plannin and future guidancet the City Manager recommending that Council authorize the employment of Alvord. Ourdick and Dowson to make the necessary study toward planning and providing the necessary steps to insure an adequate future water supply, including the location of reservoirs, tanks, etc. Mr. Rebber moved to direct the City Manager to obtain from Alvord. Burdick and Howson a price of up-dating its previous study covering potential sources of additional water supply for the city for its future needs, after wbich the City Attorney is to prepare tbe oecessary Resolution. based thereon, for the employment of the firm. The motion was seconded by Mr. Young and adopted. STREETS AND ALLEYS-CURB A~D GU~TER: The City Manager reported that t~e HollJns Road Church of the Brethren has offered to donate to the city a 15-foot 365 366 strip of land along the front of Its property, designated as Lets 2-4, inclusive, E. J, Parker Survey of the l, fl, Oliver property, located os the went side of IIo]lins Road. N. K.. south of Yundy Road, for street widening purposes, in con- sideration of the city widening the said street at this point and constructing curb and gutter without east to the Churcb, the City Manager recommending that Council authorize the acceptance of the offer, Dr. Cornell moved to refer the matteF to the City Attorney for preparation of the necessary Ordinance carrying out the recommendation of the City Manages, The motion was seconded by Mr. Dillard and adopted. BDDBET-ELECTIORS: The City Manager reported that the Electoral Board is in need of additional filing equipment for housing addressograp~ plates of registered voters and requested an appropriation of $425.00 for that purpose. Btu Dillard moved to concur in the request of the City Manager and offered the following emergency Ordinate: (a13628l AN ORDINANCE to amend and reordaio Section ~144. 'Departmental Equipment and Improvements," of the 1959 Appropriation Ordinance, and providing (For full text of Ordinance0 see Ordinance Book No. 23, Page 24~ ) Mr, Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Mheeler ............... NAYS: Nooe ............................O. MATER DEPARTMENT: The City Manager reported that the Porchasing Agent has the normal operations of the Water Department and submitted a tabulation of such bids, showing the bid of the Adams Construction Company. in the amount of $19.964.50, as low. which he recommended be accepted. offered the following Resolution: (z13629) A RESOLUTION accepting the proposal of Adams Construction Company restoration; authorizing the proper City Officials to execute the requisite (For full text of Resolution, see Resolution Book ko. 23, Page 240.) Mr. Young moved the adoption of the Resolution, The motion was seconded by Mr° Anderson and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young, NAYS: None ...........~ ................ O. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTXONS: SCHOOLS-PARKS AND PLAYGROUNDS-CITY HOME: Ordinance Nos 13623, providing for the conveyance to tho Hoard of Visitors of Virginia Polytechnic Institute of sixteen acres, more or less, comprising the westernmost portion of the City Farm thnt is located on the southerly side of Colonial Avenue, S. W** as a site for the proposed Roanoke Technical Institute, having previously been before Council for its first reading, read and laid over, was again before the body, Rr. Young offering the ~ollowiag ~or Its sec.ad reading nod ~inai adoption: (=1~523) AH ORDINA~C£ authorizing and directing the proper City Officials to prepare, execute and deliver a deed conveying unto the Hoard of Visitors of the Virginia Polytechnic Institute 15 acres, sore or less, comprising the me*tern- most portion of the City Farm that is located on the southerly side of Colonial Avenue, S. (For full text of Ordinance, see Ordinance Boob No. 25, Page 257.l Mr. Young moved the adoption of t~ Ordinance. The motion uss seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Hiilard. Pickett, Webber, Young, and the President, Mr. Wheeler ........................ NAYS: None .....................................O. In this connection, Mrs. Pichettpointed out that Mrs. Susie G. Il.ri.n, through her Attorney, has previously offered, through the City Planning~mml$sion to donate to the city n tract of land consisting of approximately ten acres, lying 367 .368 store located on Cnupbell Avenue, S, W,, and on First Street, S. ¥., Mrs. Pickett offered the following Resolution: (u13630) A RESOLBTION authorizing and directing the Building Comuissioner, pursuant to .the provisions of Section 12. of Chapter ?o of Title XV, of The Code of the City of Roanoke, 1955. to issue a permit to Leggett's Department Store. Incorporated, to extend the marquee on its building located on the south aide of Campbell Avenue mast of 1st Street, S, W., and to make alterations to the old marquee at this location as well as to the marquee facing 1st Street southof Campbell Avenue, S. W. (For full text of Resolution, see Resolution Rook No. 23, Page 241,) MFS. Pickett moved the adoption Of the Resolution. The motion mas seconded by Dr. Corn*Il and adopted by the following vote: AYES: Council members Anderson. Corn*Il, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ........................ NAYS: None .....................................O. ANNEXATION: Council at its meeting of February 9, 1959, having directed the preparation of a resolution providing for the employment of Uarlond Bartholomew and Assaclates to make certain annexation studies. Mr. Young offered the following Resolution: (=13631) A RESOLUTION employing Barland Bartholomew and Associates to make a study of urban areas lying in Roanoke County contiguous to the City with reference to the probable annexation thereof. (For full text of Resolution, see Resolution Rook No. 23, Paqe 242.) Mr. Young moved the adoption of the Resolution. The motion u~s seconded by Mr. Anderson and adopted by the following m t e: AYES: Council members Anderson, Corn*Il, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ........................ NAYS: None .....................................O. MOT~NS AND MISCELLANEOUS BUSI~SS: NONE. There being no further business, Council adjourned. APPROVED President COUNCIL, REGULAR MEETING. Tuesday. February 24. 1959. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Hullding. Tuesday. February 24. 1959, at 2:00 o'clock, p. m., the regular meeting hour, with the President, Mr. Mheeler. presiding. PRESEhT: Council members Anderson, Cornell, Dillard, Pickett, Robber, Young, and the President. Mr, Mheeler ............. 7, ABSENT: None .............................O. OFFICERS PRESENT: Mr, Arthur S, Owens, City Manager, Mr, Randolph O. Mhittle, City Attorney. Mr. Harry R. Yates, City Auditor, and Mr. Jo Robert Thomas City Clerk. INVOCATION: The meeting was opened with a prayer by Mr. Arthur $0 Owens, City Manager. MINUTES: Copy of the minutes of the regular meeting held on Monday, February 16. 1959, having been furnished each member of Council, upon motion of Mr. Anderson, seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. tlEARI~G OF CITIZENS UPON PUBLIC MATTERS: BUDGET-STAYE HIGIIWAYS: Mr. Arthur T. £11ett, President, and Mr. Gordon C. Willis, Chairman. Roads Committee, Roanoke Chamber of Commerce, appeared before Council and requested that the body appropriate $1.000.00 for the purpose of assisting in defraying the cost of promoting the southern corridor route for Interstate Highway No. 64 between Richmond and Clifton Forge, advising that other municipalities and counties along the proposed southern route are assisting in tko expense involved, as well as businesses located in the communities, and that the Chamber of Commerce will submit an accounting for the money as expended by the organization. Mr. Robber moved to concur in the request and offered the following emergel Ordinance: (~13632) AN ORDINANCE to amend and reordain Section ~1, ~Council*. of the 1959 Appropriation Ordinance, and providing for an emergency, (Fur full text of Ordinance, see Ordinance Book No, 23, Page 242.) Hr. Robber moved the adoption of ~e Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard, Pickett. Webber, Young, and the President. Mr. Mheeler ................. NAYS: None ............................O. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a request of Mr. Rerbert L, Moir that his property located on the southeasterly corner of Melrose Avenue and Thirty- fifth Street, N. W,, fronting 101.38 feet on the southerly side of Melrose Avenue designated as Offieial Tax No. 2660401, be rezoned from General Residence District to Business District. 369' 370 #r* Young Bored to refer the request to the City Planning Commission for study and recommendation, The notion was seconded by Dr, Cornell and sdopled, SERAGE BISPOSAL: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, requesting that the contract of September 2B, 1954. between the City of Roanoke end the County of Roanoke. dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an B-acre tract of land lying on the north side of Yirginia Route 606, between Oak Grove Elementary School and Yirglnia Route 692, and by adding thereto the Cave Spring High School traot, contafnfug 20.40 acres~ lying on the easterly side of Uo S. Route 221, sout! of its Junction with Virginia Reute 609, Mr. Anderson moved to refer the request to a committee composed of Wessrs. Roy Lo Webber, Chairman, Walter L , Young, Arthur S. Omens and Randolph G, Whittle for study and recommendation. Yhe motion was seconded by Mrs. Pickett and adoptedq Mr. Dillard voting no. STREETS AND ALLEYS: The City Clerk presented a petition from the resident~ of the 2500 block of Creston Avenue. So W., requesting that said street be include( in the 1959 street paving program. The City Manager reported that this street is not included in the 1959 program, but that if sufficient funds are available after the completion of the program they will he expended in paving streets on a secondary list, among which is included Creston Avenue, otherwise, the secondary list Bill be deferred until 1960. Rr. Webber moved to refer the request to the City Manager for administrati~ handling. The motion was seconded by Ur. Young and adopted, Mr. Dillard voting SIGNS: The City Clerk presented a communication from the Central Housing Corporation, requesting that Council grant permission for the erection of a sign between the sideBalk and the curb in front of the Franklin Ilelghts Apartments located at 202~ Franklin Road. So W., the said sign to be for the purpose of marking the driveway to the said apartments. Mr. Anderson moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mrs. Pickett and adopted. PURCRASE OF PROPERTY-STREETS AND ALLEYS: The City Clerk presented a communication from the City Planning Commission, recommendin9 the acquisition of seven parcels of land to provide for the widening of Rhiteside Street and Bollins Road, N. Eo. between Fleming Avenne and the Roanoke City School property to the north, as shown on Plan No. 4349, prepared by the City Engineer, which would be an extension of Rhiteside Street, in accordance with previous plans for an gO-foot roadway to the city limits on the north, and to provide ~r a right of way for a bridge across Tinker Creek at Preston Avenue and ltollins Road. Rro Young pointed out that the plan provides for a right angle turn off of the proposed bridge to the north of Hollins Road and stated that in his opinion additional land should be acquired northeast of the intersection of Preston Avenue and Bolitns Road to provide for the elimination of a jog in the traffic pattern at this intersection. Mrs. Pickett moved to refer the matter to the City Hansger to negotiate mith the property omners and investigate the requirement for additional land at the northeast corner of Preston Avenue and Rollins Moad and to report to Council the cost of acquisition of the needed property and estimated cost of completion of the project. The motion was seconded by Mr. Young and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Clerk presented a communication from the City Planning Commission, zecommendlng the acquisition of three parcels of land for the purpose of rounding the corners at the intersection of Drandon Avenue and Blenheim Road, S. M.o and for the widening of ~ienheim Road on the east side south of Brandon Avenue. in accordance math Plan Eo. 4366~A, prepared by the City Engineer and presented with the communication. Dr. Cornell moved to refer the matter to the City Manager for negotiation with the property owners and submission of a report on the cost of acquisition of the necessary land and the street widening as contemplated. The motion was seconded by Mr. Anderson and adopted. REPORTS OF OFFICERS: STADIUR-RAIIER FIELD: The City Manager presented a request of Roanoke Fair. Incorporated. tEat Council authorize a reduction in rental from $2.400.00 to $1.BO0oO0 for the year 1959 only on Raher Field for the conduct of a Roanoke Fair b) that organization, advising that while the American Legion Post Ea. 3 has decided that it will n~ sponsor the Roanoke Fair this year the directors of Roanoke Fair. Incorporated. have decided to hold the fair in 1959 if costs can be reduced to a point where no loss mould be sustained. Dr. Cornell moved to table the matter until the next regular meeting of Council and to request Messrs. ~alter C. Buckner and John L. Godwin of Roanoke Fair. Incorporated. to appear before Council at that time for a dlscnsslo~ of the matter. The motion was seconded by Mr. Anderson and adopted. MAXEM DEPARTRENT: The City Ranager presented a request of the Town of Yinton that its water service area as delineated in Resolution No. 12159. adopted on the 14th day of June. 1954. be extended to include an area approximately 100 acres in size. lying northeastward of the Town of ¥inton along Virginia Route 652. between Virginia Route 651. and ~olf Creek. in order that the town might serve the residents of said area ~ith water, along with a Communication from the Manager of the Water Department, advising that the To~n of Vinton no~ serves the general area from connections to the transmission main from Falling Creek and also with sewage facilities and that in his opinion the area cnn best be served with water by the Town of Vinton. the City Manager concurring in the statements of the Ranager of the Water Department. Rro Webber moved to refer the matter to the City Attorney for study of its legal aspects and submission of his report thereon. The motion was seconded by ~ro Young and adopted. Mr. Young then moved to refer the matter to a committee composed of Ressrs. Randolph G. Whittle. Chairman. Roy L. Webber. Denton O. Dillard and Raymond E. Pillow for study in connection math the city's over-all policy concerning the granting of water service to areas outside of the city and snhalsslon of Its 371 372 report nad recommendations thereon, The motion was seconded by Mr. Anderson and adopted, STE££TS A~O ALLEYS-CURB A~D GUT?ER: The City Manager reported that the Knzim Temple Corporation has offered to convey to the city a S-root strip of land from its property lying on the east side or Seventh Street, $, M** between Campbell Avenue and an alley to the south thereof, for street widening purposes. provided the city will construct concrete curb and gutter along the widened portion or the street at no cost to the corporation, Mr. Young moved to refer the matter back to the City Manager for further study, to include the possibility of obtaining necessary land for the extension of the widening from the alley in the rear of the £azim Temple Corporation property to Marshall Avenue to the south, and submission of his report thereon. The motion was seconded by Mr. Dillard and adopted. RECREATION DEPARTMENT: The City Manager submitted a report, transmitting a floor plan for a proposed neighborhood recreation building, prepared by the City Planning Engineer under the direction of the Director Of Parks and Recreation, which the City Manager reported is planned for flexible usage of the said building and to permit enlargement thereof, the City Manaoer expressing the opinion that the recreation center could be built and equipped within the appropriation of $50.000.00 for the construction of such a building in the ~illiamson Road area, the building itself being estimated to cost approximately $36,000.00, the City exceed the appropriation of $50,000.00o (For full text of Ordinance, see Ordinance Book No. 23, Page 243°) STREETS AND ALLEYS*CURD AND GIrITER: Council at its meeting of February 16, 1959, havleg directed the preparation of an Ordinance accepting the offer of the Board of Trustees of the Hollins Road Church of the Brethren to donate to the city a 15-foot strip of land across the front of its property for street widening *urposes. Hr. Dillard offered the following emergency Ordinance: (n13634) AN ORDINANCE accepting the offer of the Beard of Trustees of the flollins Road Church of the Brethren to. convey to the City a 15-foot wide strip of land across the front of said Church*s property, bein9 LOts 2-4. inclusive. £. J, Parker Survey of the I. H. Oliver property; and providing for an emergency. (For fnll text Of Ordinance. see Ordinance Book No. 23. Page 243.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the foil,win9 vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Mebber. Young. and the President. Mr. Mheeler ................. 7. NAYS: None ............................O. MOTIONS AND RXSCELLA~EOUS BUSINESS: TRAFFIC-SCIlOOLS: Dr. Cornell advised Council that he attended n meeting of the Roanoke City School Board on February 23, 1959, at which the School Board authorized the preparation of signs to be placed upon Safety Motor Transit Company buses used for transporting school children for the School Board, and suggested that Council should consider adoptin~ an Ordinance requiring all vehicles to stop when approaching such a school bu~, similar to the state law controlling the action of motorists in connection with the operation of ~overnment-owned school buses. After considerable discussion. Dr. Cornell moved to refer the matter to the City Damager for study and recommendation. The motion ~as seconded by Rr. Dillard and adopted. There being no further business, Council adjourned. APPROVED President 373 374 ~ ; COUNCIL, REGULAR MEETING, Monday, Merc~ 2, 1959, The Council or tke City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, March 2. 1959. at 2:00 o'clock, p. the regular meeting hour, MJth the President. Mr. Mheeler, presiding. PRESENT: Council members Anderson, Coraell, Dillard, Pickett, Mebber, Young, and the President, Mr, Mheeler ............. ABSENT: None .............................O. OFFICERS PRESENT: Mr, Arthur S. Omens, City Manager. Mr. James N, Klncanc Assistant City Attorney, Mr. Marry R. Yates, City Auditor, and Mr, J. Robert Thomas, City Clerk, INVOCATION: The meeting mas opened with a prayer by the Reverend Charles G. Tusing, Secretary. Lutheran Synod of Virginia. MINUTES: Copy of the minutes of the regular meeting held on'Tuesday, February 24. 1959. having been furnished each member Of Council. upon motion of Mrs, Pickett, seconded by Dr. Cornell and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p, m., March 2, IgSg. in the Council,Chamber. on the question of rezoning from General Residenct District tn Light Industrial District Lots 1-16, iuclusive, Block 35, Nest End and Rivervlew, being all of the property located on the south side of Patterson Avenue. S. M., and on the north side of Chapman Avenue. S. W., between Nineteenth Street and Twentieth Street, and notice of the hearing having been published in the Roanoke World-News on February 13. 1959. and the City Planning Commission having previously recommended that the property in question be rezoned to a Light Industrial District, the bearing was held. Mr. John H. Eennett. Jr,, Attorney, representing Messrs, George E. Lester, Jr.. and Eermit W. Plymale, petitioners in the matter, appeared and pointed out that the property in question is practically surrounded by industrial installa- tions, that it is no longer suitable for residential property and that its rezoning Mould be a natural transition, Mr. Lester appeared and stated that the purpose of his request for rezonia mas to permit the construction of a warehouse on u portion of the property involve and presented a petition signed.by fourteen residents of the general area, advisin that they have no objections to the proposed rezoning. Mr. M. A. Dyer. 1925 Patterson Avenue. S. M., appeared before Council in opposition to the request, stating that he and pther elderly persons owning property in the area in which they reside are opposed to any further industrial- ization ia the neighborhood on the gronnds that It would be detrimental to their residential properties, and presented a petition signed by forty-eight residents and property omners in the general area, opposing the requested rezoning. Mrs, Pickett moved to concur in the recommendation of the City Planning J Commission and to place upon its first reading an Ordinance providing ~or the rezoning o! the property in question. The motion mas seconded by Hr. Anderson end lost by the following vote: AYES: Council members Anderson end Plcket~ HAYS: Council members Cornell, Dillard, Webber, Young, a~d the President, Hr, #heeler ....................................................... STADIUR-RARER FIELD: Council nt its meeting of February 04. 1959, having received n request of Roanoke Fair. Incorporated. that the reuta! on Hnher Field for the meek of the fair ia the year 1959 only be reduced by $600o00, in order that the corporntfon might conduct n fair this year. and having tabled tbe request until its next ~egnlnr meeting, at which time representatives of the corporation mere requested to be present and heard, the matter mas again before the body. Hr. Walter C. Duckner. President, Roanoke Fair. Incorporated, appeared and stated that the corporation has concluded that it can conduct a fair this year, although the previous three or four fairs conducted by it under the sponsor- ship of American Legion Post Ho. 3 lost n,ney, provided the requested reduction in rent is granted and the corporation makes certain changes in the grandstand show and other operations mhich would permit a profit this year, Mr. Duckner which m,aid permit a profit this year, #r. Duckner advising that the request of Roanoke Fair, Incorporated. applies only to the year lgsg. Hr. John L. Godwin, President, American Legion Post No. 3, appeared and stated that while the Post had previously advised it mould not sponsor the fair this year because of losses previously sustained it has given its permission to Roanoke Fair~ Incorporated. which is owned by American Legion Post No. 3. to operate the fair in the year 1959 and that the Post is hopeful that the corporatiol will be successful this year. Mr. Godwin adrfsing that certain of the directors In Roanoke Fair. Incorporated. have signified their willingness to undermrite any losses. Dr. Cornell moved to direct the City Attorney to prepare a Resolution providing for a reduction of $600.00 in rent on Raher Field for the meek of the fair in 195g only as requested by R,an,he Fair. Incorporated. the rent to be reduced from $2.000.00. as provided for In The Code of the City of Roanoke. 1956. to $1.400.00 for the said week. The motion was seconded by Hr. Dillard and adopted. EASEMEHTS-STREETS AND ALLEYS: Mr. Nbltwell M. Coxe. Attorney, representln9 Mr. S. #. Hunter. appeared before Council and advised that. acting for his client. he has instituted a suit in the Hustings Court of the city to declare a portbn of Sixteenth Street. $. W** between the south side of Cleveland Avenue and the Virginian Railway. and the western portion of a lO-foot alley., south of and parallel to Cleveland Avenue. as shomn On certain unrecorded maps. and lying within the property of his client, on mhich he operates a coal yard. as now non-existent, and has named the city as a party to the said suit. Mr. Coxe requesting that in viem of the doubt that said street and alley were ever properly dedicated or accepted by the city. and. In order to elJmjnnte the necessity of taking several days of depositions, on his part as well as that of the City 375 376 ' Attorhey, that Council appoint a committee to determine mhat interest the city has. ir any, in the said street and alley and advise the City Attorney of its decision for his guidance in protecting the interest of the city ia the suit, Hr, Coxe pointing out that ir the court determines that the street ned alley easements are non-existent the mutter will be settled, but If the court determine~ that thc street and alley are actually in existence he will necessarily have to proceed under state lan for the closing thereof, Bra Nebber moved to refer the matter to the City Planning Commission for study and recommendation. Mr. Dillard offered a substitute motion to concur in the veqaest of Cox, and appoint a committee composed of Messrs. Arthur So Os,as. Chairman. ~alter Lo Young and Nillis M. Anderson to determine mhether the city has any interest in said easements and advise the City Attar.ney of its decision for his guidance in the matter. The motion was seconded by'Mr. Anderson and adopted. PETITIONS AND COHRUNICATIONS: RECREATION DEPARYMENT= The City Clerk presented a communication from the Villa Heights Community Center Senior Council. reqnestin9 that Council authorize an addition to the Villa Heights Community Center to take care of the overflow and the "turn away" of teenagers each Friday night, as sell as the many requests for meetings, dinners and banquet reservations received at the center, it. being suggested that the addition should be added to the southwest portion of the existing building and that a basement should be included therein, the addition to be constructed of cinder block or some other inexpensive material in order to keep the cost at a minimum. Mr. S. J. Light. President of the Senior Council. appeared and stated that his organization realizes full veil that many demands are made upon City Council for additional appropriations, but that the request presented is in its opinion Justified by reason of the tremendous usage of the community center in Villa Heights. Mr. Dillard moved to refer the request to the City Manager for study, estimate of cost and recommendation. The motion was seconded by Dr. Cam, Il and adopted. ZONING: The City Clerk presented a communication from Mr. T. L. Plunkett Jr.. Attorney. representing Mr. R. C. Allfather. advising that his client has a contract for the purchase of property on Melrose Avenue. N. M.. known as Lots 1. ~o 11. 13. 14 and 15. Hlock 2. Nest Park. on a portion of mhlch property he pr,pos to erect a building to be leased to the Krtspy Kreme Doughnut Company for the manufacture therein and sale and distribution therein and therefrom of doughnuts. that under Title X¥. Chapter 4. Article IV. Section 17. Subsection 20. of The Code of the City of Roanoke. 1956. relating to Zoning. such a business, being light manufacturing, is permitted to be conducted on premises in a Business District, provided that the ma.Jar portion of the product to be sold is sold at retail on the premises to the consumer, that the property fn qnestfon Is z~ned as a Business District, but that the Kvlsp7 Kveme Doughnut Company believes the major portion of its product will not be sold on the premises, Mro Plunke{t requesting that the law be sneoded to permit light mauufaoturlng conducted mholly within any building, provided such light manufacturing is in no way a nuisance or a hazard to the district, to be conducted within ureas zoned roy business. Mr. John D, Carts Attorney. representing the Krlspy Mreme Doughnut Company, appeared and stated that the law ns presently written, tf strictly interpreted, would deny the use o! many commercial buildings In Business Districts to tenants now located therein, that. in hfs opinion, such usage as proposed would not be detrimental to Dusiness Districts. bat, rather, would permit usage of buildings now vacant. Mr. Pluakett appeared and stated that the proposed amendment presented by him has been prepared by biuself and #r, Carr and contains ample restrictions to protect the city and property owners, as well as businesses in the Duslness Districts. Mr. Anderson moved to refer the request to the City Planning Commission for study and recommendation and to set a public bearing in the matter for 2:00 o'clock, p. m., March 23. 19§9, in the Council Chamber. the attorneys for the petitioners to prepare the proper notice of said bearing, hare it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Dillard and adopted. SIDNS: The City Clerk presented a communication from Mr. Charles F. Poole operator of the Mhttehall Motor Court, 3016 Mllllamson Road, N. M., requesting tho Council grant him permission to erect a canopy over the driveway in front of his motor court, which canopy will extend into the area between the building setback line and the property line. The City Manager reported that he has investigated this matter with the Building Commissioner and that he and the Dnilding Commissioner both recommend that'the request be granted. Mr. Rebber moved to direct the City Attorney to prepare a Resolution granting the permission requested by Mr. Poole. The motion was seconded by Mr. Dillard and adopted. STR£ET NAMES: The City Clerk presented a co~=unication from the City Planning Commission, recommending that the portion of Mhiteside Street, beginning at the intersection of Liberty Road and Patrick Henry Avenue and running ina southeasterly direction to the railroad right of way, and Mandy Road, which is located on the east side of the Liberty Road Underpass and extends eastward to Bollins Road, both be changed to Liberty Road, the two streets in question being an extension of Liberty Road. Mr. Young stated thor the street named Mundy Road extends across llollins Road northward to the City limits under the name of Mllkes Road and that under the City Code continuoos streets should bear the same name, Mr. Young moving to refer the matter back to the City Planning Commission for further stndy, con- sideration of the facts stated and submission of its report thereon. The mot t~ 377 378 was seconded by Mr. Dillard and adopted, REPORTS OF OFFICERS: 'BUDGET-JUVENILE AND DOMESTIC RELATIONS COt/ET: The City Manager presented a request or the Judge of the Juvenile tad Domestic Relations Court for three additional employees; 1. e,. one Assistant Judge. one Deputy Clerk and one Probation Officer, on a full-time basis, plus an approprimtion of $400,00 for risible file equipment, the City Manager advising that he does not recommend action on the request at this time, Mr, Nebber moved to refer the matter back to the ~ity Manager for study, report and recommendation to Council at its meeting of March 16, 1959, The motion was seconded by Mr, Dillard and adopted. MATER DEPARTMENT: The City Manager reported that he has received from Alvord. Burdick nad HowsOno Consulting Engineers, an offer to bring up to date the previous studies and reports regarding the city's water requirements for a fee of $50000.00 and recommended acceptance thereof. Mr, Young moved to concur in the recommendation of the City Manager and offered the following Resolution; (n13635) A RESOLUTION authorizing the City Manager to execute an agreemen with Alvord, aurdick, and Bomson to bring up to date said consultants' previous. studies and reports regarding the Oity's water requirements and means of supplying them, (For full text of Resolution. see Resolution Book No. 23, Page 247.) Mr. Voun9 moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard, Pickett, Sebber, Young, and the President, Mr. Nheeler ................. NAYS: None ............................O. Mr. Anderson then offered the following emergency Ordinauce providing funds for th~ employment of Alvord, Burdick and Howson: (m13635) AN ORDINANCE to amend and reordaln 'Non-Operating Expense" of the 1959 Mater Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book no. 23, Page 247,) Mr, Anderson moved the adoption of the Ordinance, The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Nebber, Young. and the President, Mr. Mheeler ................. NAYS: None ........................... O. CITY ROME: The City Manager reported that he has conferred with the Roanoke Council for Retarded Children with reference to its bid of December 1958, for use of the old City Bome on Colonial Avenue, S. M., said organization desiring to use the first floor and approximately five acres of land at a rental of $1.00 per annum, the city to insure the property against fire and retain access to the property* the Council for Retarded Children to furnish the city an indemnit ,! r~ 6 bond and maintain the property In proper condition. Hr. Webber moved to direct the City Attorney to prepare an Ordinance providing for the leasing of the old City Home to the Roanoke Council for Retarded Children in accordance with Itt bid of December O. 195~. and the report of the City Manager dated March 2; 1959. The motion mas seconded by Dr. Cornell and adopted. Mr. Dillard voting no. MATER DEPARTMENT: Council at its meeting of November 100 1958, having directed the City Manager to have prepared a master plan for the development of recreational facilities at Carrins Cove. as requested by its committee studying the matter, the City ~anager presented such a plan, as prepared under his direction providing for expenditures of $30.000.00 la the year 1969. $31,500.00 lo 1960. $31o000.00 In 1961~ $32.500.00 in 1962. and $32.S00.00 In 1963. the City Manager advising that he believes the proposed program to be practical and that the income from recreational activities at the Carvins Core Lake area mill amortize the general cost, however, in his opinion, every effort should be made to preserve the natural beauty of the lake area md consideration should always be 9ivan to the fact that this is a public mater supply. Mr. Dillard moved to refer the report to the committee composed of Dr. C. M. Cornell, Chairman, Mr. Roy L, Webber and Rt. Halter L. Young for study and recommendation. The motion was seconded by Mrs. Pickett and adopted. Dr. Cornell then suggested that the follomlng persons be added to the committee: Dr. N. Allen Barker. Mr. Gerald M. Cannaday, Mr. AD S. Rachal. Jr** and Mr. Julian H, Rutherfoord. Jr. It being pointed out that the original motion of Council establishing the committee directed that said committee be appointed by the Mayor. Dr. Cornell then requested the Mayor to sake such appointment. The Mayor stated that the committee originally appointed by him are all ·embers of Council and that he belieyes the committee should be maintained in that statas; therefore, he appointed as advisors to the committee Dr. W. Allen Barker. Mr. Cerald ~. Cannadaye Mr. A. S. Rachal, Jr** and Mr. Julian H. Nutherfoord, Jr. RECREATION DEPARTMENT: Council at its meeting of Februry 24, 1959, having referred bach to the City Manager for restudy hfs report in which he submitted a proposed floor plan for neighborhood recreational buildings in connection mlth the proposal to erect a community center in the Williamson Road area, the City Manager resubmitted a floor plan design as submitted by him to Council at its meeting of May 5, 1958. Mr. Webber moved to refer to a committee composed of Mrs. Mary C. Pickett, Chairman, Mr. Arthur So Omens and Mr. Robert P. Hunter for study and recommendation the question of the type of building to be erected as a recreation center in the Milliamson Road area. The motion mas seconded by Hro Dillard and adopted. SIGNS: Council at its meeting of February 24, 1959, having referred to the City Manager for study and recommendation a request of the Central Housing Corporation that it be granted a permit for the installation of a sign betmeen the 379 380, sidewalk and curb in front of the Franklin Heights Apartments, 2823 Franklin Road, S, M** the City Manager reported that he has investigated the matter and that in his opinion such a sign would be hazardous, that the practice of using public property in private endeavor is against general princ il~es' of good government, that the erection of such a sign is contrary to existing Virginia Department of Highuayl procedures, that the site for the slg~ requested Is on U. S. Route 220, and that for these reasons he strongly recommends against granting the request, the Oty Manager further recommending that existing permissive authority to others for signs gu municipal property be revoked. Mrs, Pichett moved to deny the request of the Central Housing Corporaticn, The motion was seconded by Mr, Anderson and adopted, Mr, Dillard voting no. ZONING-STREETS AND ALLEYS-CURB AND GUTTER: Council at its meeting of February 24. 1959. having referred bach to the City Manager for farther study an offer of the Kazim Temple Corporation to donate to the city a 8-foot strip of land along the side of its property on the east side of Seventh Street, $. W., extending southward from Campbell Avenue to an alley, such restudy to include the possibility of extending the street mideniug contemplated from the alley southward to Marshall Avenue, the City Manager reported that the residence on the property between Marshall Avenue and the alley in the rear of the Kazim Temple Corporation property is within nine inches of the existing property line and that to extend the widenin through that portion of the block would re suit in substantial damage totheproperty Owner, the City Manager, therefore, recommending the acceptance of the offer Of th £azJm Temple Corporation and the establishing of a setback line on the east side of Seventh Street, S. H** between Marshall Avenue and the alley to the north, said setback lime to be five feet. Hr. Webber moved to direct the City Attorney to prepare an Ordinance accepting the offer of the Kazim Temple Corporation and to refer to the City Planning Commission for study and recommendation the question of establishing the proposed setback line. The motion was seconded by Mr, Young and adopted. ANNEXAYION: The City Manager presented a commnnication from Harland Bartholomew and Associates, recommending that the city secure an air map of the proposed annexation area md adjoining lands around the city for use in connection math annexation proceedings, the City Manager advising that in his opinion such a map would cost approximately $15,000.00 amd ts not necessary at this time; therefore, he recommended that Council take no action tn this matter at the present. Mr. Young moved to concur in the recommendation of the City Manager, The motion was seconded by Dr. Cornell and adopted. AIRPORT-STATE HXGDHAYS: The City Manager reported that the relocation of a portion of Virginia State Route No. liB, eastward of the Roanoke Municipal Airport, made necessary for the extension in a northeasterly direction of the northeast-southwest runway, has been completed and that the relocated portion of the highway should now be transferred to the Commonwealth of Virginia as a portion of Virginia State Highway System, which will result In the abandonment by the Commonwealth of Virginia, of the portion of Virginia State Route No. lib lying in the pith or the ruamay constrncti~n, the City Manager recommending the adoption of an Ordinance providing for such transfer. My. Young moved that Council concur Jn the recommendation of the City Manager and that the folloming Ordinance he placed upon its first reading: (z13637) AH OROINANCE authorizing and directing the conveyance of certain land situate Jn Roanoke County, Virginia, to the Commonmeaitb of Virginia to provide for the relocation of a portion of existing Virginia State Route 118, WHEREAS, the City having heretofore undertaken to provide for the exsensicn in a northeasterly dfrectian of its northeast-southwest runway at the Roanoke Municipal Airport, in Roanoke County, which extension, when made, mould cross over certain land heretofore occupied by a portion Of Virginia State Route No. 110 leading from a paint on the Rershherger Road to Virginia State Route I17; and WHEREAS, looking to the aforesaid extension of its runway, the City has heretofore acquired various properties on the northeast side of existing State Route NOn IIH, Jn fee simple, and has completed the construction of a new Fond within un O0-foot made right of may over a po~ton of its nemly acquired lands so as to provide for the relocation of that part of existing State Route No. 110 needed to he vacated and closed for its extension Of its runway as a foresaid, mhich said new road has been laid out, built and constructed in full accordance with plans therefor duly approved by the Department of llighways of the Common- wealth of Virginia; and WHEREAS, the construction Of the aforesaid new road over the CJ~y*s property baying been completed and sold new road having heretofore been opened to public travel under the direction of said Department of Highways, the City nam desires to convey to the Commonwealth of Virginia by adequate deed of convey- ance the fee simple title in and to all of the land within the boundary of the right of way established for said new road,.in order that that portion of existing State Route No. llOwhich will no longer be needed as a public highmay may be vacated, discontinued and closed by Said Department of Hlghmays; and WHEREAS, there has been prepared in the Office of the City Engineer a certain plan No. 4066-0 entitled Plat Shaming Property to be conveyed to the Commonwealth of*Virginia by the City of Roanoke for relocation of Virginia State Route No. lift. dated February 25, 1959, showing in detail the boundary Of the right of way for said new road, which said boundary contains 7.538 acres, more or less, and provides for adequate connections at each end of said new road with existing state highways and, also, for a Ia-foot widening on the easterly side of a portion of existing State Route No. IlO. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby authorized and directed, for and on 38.1. 382 behalf of the City, to prepare, execute, acknowledge end deliver to the Common- wealth or virginia the City*s deed conveying to the Commonwealth or Virginia, in rea, simple, all that certain strip or parcel of land, situate in Roanoke County easterly of existing Virginia State Route No, 118, containing 70530 acres, more or less, and being located and bounded as is shown on a certain plat thereof prepared in the Office or the City Engineer, under date of February 25, 19S9, us Plan No, 4066-8 entitled Plat Showing Property to be conveyed to the Coamonwenlth of Virgi.niu by the City or Roanohe - relocation of Virginia Route No, 118; the aforesaid conveyance~ be made by the City upon a nominal consideration of $1.00, cash. and with special warranty of title and to be made subject to existing or necessary easements for public utilities in, across, over OF under said land, otheruise, the City's deed of conveyance to be upon such form as is prepared by the City Attorney and approved by said Attorney and by the authorized officials of the aforesaid Department of flighuays and. further, such conveyance to be made subject to the approval, concurrence or consent of the Federal Aviation Agency. if such be necessary to be obtained, The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council m~mbers Anderson, Corn. Il. Dillard, Pickett. Webber, Young, and the President, Mr, Wheeler ................ NAYS: None ............................O. AIRPORT: The City Manager submitted a tabulation of bids received by the Purchasing Agent for additional apron paving near the Terminal Building at the Roanoke Municipal Airport and recommended the acceptance of the bid of Barrett. Moon and Pool, Incorporated, in the amount of $3B~000o00. which is the low bid, the City Manager advising that because of the low prices received for the project it is possible to include approximately 2,800 square yards of additional apron taring and remain within the $1S0,000.O0 estimated cost of said project, that Barrett, Moon and Pool, Incorporated, has agreed to the extension of its contract for this purpose at the prices contained in its basic bid, the extension amounting to $23,980.00, the City Manager recommending that this addition also be approved and a contract awarded to the corporation in the total amount of $61,990.00, Mr, Webber moved to concur in the recommendation of the City Manager and offered the following Resolution: (x1363B) A RESOLI]TION agreeing to an increase in and accepting the' proposal of Barrett, Moon ~ Pool, Inc** for construction Of additional apron in front of Terminal Building in accordance with the specifications and plans of FAA Project 9-44-O12-O9, Proposal No, 1, at Roanoke Municipal (Woodrum) Airport, subjec to the approval of the Federal Aviation Agency. (For full text of Resolution, see Resolution Book No. 23, Page 248.) Mr. Webber moved the adoption of the Resolution. The motion nas seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Corn,Il, Dillard~ Pickett, Webber, Young, and the President, Mr. Wheeler ................. NAYS: None ............................ B The City Manager then submitted a tabulation of bids received for grading and drainage in connection with the extension of the northeast-southwest runmay at the Roanoke Municipal Airport and recommended the acceptance or the low bid of A. B. Burton Company, Incorporated, in the amount of $77,247,75. Mr. Anderson moved to COnCUr in the recommendation of the City Manager and offered the following Resolution: (n13639) A RESOLUTION accepting the proposal of A. B. Bnrtoo Company, lac** for grading of the northeast=southmest (5-23) runway extension at Roanoke Municipal (Mo.drum) Airport in accordance with the plans and specifications of Project 9-44-012-09, Proposal No. 2, subject to the approval of the Federal Aviation Agency. (For full text of Resolution, see Resolution Book No. 23, Page 249.) Mr. Anderson moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, C.mall, Dillard, Pickett, Nebber, Young and the President, Mr. #heeler .................. 7. NAYS: None .............................O, Mr. Webber then offered the following emergency Ordinance appropriating $150.000.00 for the two projects at the Roanoke Municipal Airport: (nl3640) AN ORDINANCE to amend and reordain Section =142, "Transfer to Improvement Fund." of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 250o) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. C.mall, Dillard. Pickett. Mebber, Young. and the President. Mr. Wheeler ................. NAYS: None .............................O. AIRPORT-EASEMENTS-STATE HIGHMAYS: The City Manager reported that it is necessary to relocate a portion of the Appalachian Power Company's electric power line eastward of the Roanoke Municipal Airport in connection with the extension of the northeast-southwest runway and the relocation of Virginia State Route No. lib and recommended the adoption of an Ordinance providing for the conveyance of an easement to said Power Company for this relocation. Mr. Anderson moved that Conncil concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (n13641) AN ORDINANCE authorizing and directing the conveyance of an easement to Appalachian Power Company for an electric power line right of way over certain lands owned by the city in Roanoke, County, Virginia, upon certain terms and conditions. WHEREAS, the City has heretofore undertaken to provide for the extension in a northeasterly direction of its northeast-southmest runway at the Roanoke Municipal Airport, in Roanoke County, which extension, when made, would cross 383 384 over certain land heretofore occupied by a portion of Virginia State Route 118 along which the Appalachian Powe'r Company presently maintains electric trans- mission lines pursuant to easem eats heretofore acquired by said company and Its predecessor companies, which said electric transmission llne~, together with said roadway mill need to be relocated prior to the use or said lands for the City's extended runway: and YHEREAS, said Power Company has agreed with the City to release its existing rights in the land needed for the extension of said runmay and to relocot~ its electric puner lines so as to follow, generally, the course of a new road recently constructed by the City to replace that part of Virginia State Route No. 116 needed to be vacated, closed nod abandoned, provided that the City grant and convey to said Power Cowpanyan adequate easement over its lands for the relocation of the existing power lines and hear the expense of relocating said power lines to conform to the relocation of said highway; and NHEREAS, there has been prepared in the Office of the City Engineer a certain Plan No. 4066-10 entitled Plat showing Easement to Appalachian Power Company by the City of Roanoke - relocation of. Virginia Route So. 118, dated February 27, lq59, showing in detail the location of a new 30-foot wide electric power line right of way Crossing a lO-foot wide strip of the City's property on the east side of existing State Route No. 116 and extending approximately 1320 feet, more or less. across the northeasterly end of the proposed runway extension and along the westerly side of State Route SOo 116 as relocated and, further, crossing certain other of the City's land presently abutting the south line of State Route No. 117, which said last-mentioned land is intended to be conveyed by the city to the Com~onmealth of Virginia upon the relocation of State Route So. 116, above*mentioned. THEREFORE. 6E IT ORDAIh~D by the Council of the City of Roanoke that the proper City Officials be. and they are hereby authorized nad directed, for and on behalf of the city, to prepare, execute, acknowledge and deliver to the Appalachian Power Company the City's deed gram t lng and conveying to said Powe~ Company a perpetual easement for an electric power line right of may, 30 feet in width, crossing a 10-foot wide strip of the City's land on the present east side of State Route No. 116, extending 1320 feet. more or less, across the easterly end of certain lands heretofore acquired for the purpose of extending the City*s northeast-southwest runway and, further, crossing certain property of the City presently located on the south side of State Route No. 117, the location of said nam electric power line right of may to be an is shown on Plan So. 4066-10, pre- pared in the Office of the City Engineer under date of February 27, 1959. entitle( Plat Showing Easement to Appalachian Power Company by the City of Roanoke relocation of Virginia Route So. 116; the aforesaid conveyance to be made subject to the approval thereof by the Federal Aviation Agency and conditioned upon said Power Company*s release of its existing rights to easements in or along all of that portion of State Route So. 116 needed to be vacated and closed fop the put* pose of the aforesaid rnnmay extension and to be conditioned, further, upon said Power Company's construction, meintennnce and operation or its power line, or power lines, within said new right of way In full compliance with the requirements of the Federal Aviation Agency as contained in Its WTechnical Standards Bulletin No, T$O-NIHu and as said bulletin way be hereafter awended, or with th~ require- ments of any other state or governmental agency charged with the duty of regulntin! or supervising operation of airports; the City's said deed of easement to said Power Company to be, otherwise, upon such form as is prepared and approved by the City Attorney o~d to provide for a nominal consideration of $1.00, cash, The notion was seconded by Hr. YoUng nad adopted by the following vote: AYES: Council members Anderson. Ccrnell, Dillard. Pickett, Nebber, Young, and the President, Mr. Rheeler .......... 7. NAYS: None ............................O, The City Manager then reported it is necessary to relocate certain lines of the Chesapeake and Potomac Telephone Company of Virginia In connection with the extension of the northeast-southwest runway at the Roanoke Municipal Airport and the relocation Of Virginia State Route No. 116 and recommended the adoption Of aa Ordinance providing for easements necessary for such relocation, Mrs. Pickett moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~13642) AN ORDINANCE authorizing and directing the conveyance of an easement to Chesapeake and Potomac Telephone Company of Virginia for a telephone and telegraph line right of way in, under and across certain lands of the City situate in Roanoke County, Virginia, in connection with the extension of said City*s northeast-southwest runway at Roanoke Municipal Airport. WHEREAS, the City has heretofore undertaken to extend its northeast-south- west runway at Roanoke Municipal Airport in a northeasterly direction, which exteosion, when made, would cross certain lands now Occupied by a portion of Virginia State Route No. 116 and certain lands owned by the City on the east side of said State Highway over which the Chesapeahe and Potomac Telephone Company of Virginia bas constructed certain overhead telephone and telegraph lines, which said highway and telephone and telegraph lines are needed to be relocated f¢ the purpose of the aforesaid runway extension; and WHEREAS, the aforesaid Company has agreed with the City to relocate certai~ portions of its existing ~lephone and telegraph lines underground along the line of said Company's present right of way therefor and to release its present rights to maintain overhead lines over those portions of its present right of way which are included within the boundary of the City*s runway extension and within the boundary of the right of way for state Route No. 116 as the same is proposed to be relocated provided that the City will bear the expense of the relocation of its said lines and will grant and convey to said company an adequate easement for the construction, maintenance, operation and use of its said new lines; and NHEREAS, there has been prepared In the Office of the City Engineer a certain Plan No. 4066-9 under date of February 27, 1959. entitled Plat Showing 385 386 to Chesnpeahe and Potomac Telephone CoBpnny of Virginia by the City of Roenoke Relocation of Virglnl& Route No, 118, which said plat shows the locution of the right of way rot said new underground telephone nnd te. legrnph lines ncr*ss the City*s land included within the aforesaid rncway extension and under certain otheF land et the southerly end of the proposed highwsl relocation nnd, fu~er, crossing sold relocated highway at two points nt its Junction with Virginia State Route NO, THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be and they are hereby authoFJzed and directed, rot and on behalf of the City and upon the consent or approval hereof by the Federal Aviation Agency, to prepare, execute, acknowledge and deliver to the Chesapenhe and Potomac Telephone Company of Virginia an adequate deed of easement granting and conveying to said Company a 5-foot wide right of way for its construction, operation main- tenance and use of telephone and telegraph cables and lines undeFgrOund across the City's land included within the boundaries of the extension of its existing north- east-southwestrnnway, underground through certain of the City*s land located at the southerly ecd of the proposed relocation of Virginia State Route No. 110 and crossing said relocated State Route overhead at two points at OF near its Junction with Virginia State Route No. 117, the location of the aforesaid rights of way being more particularly shown on Plan No. 4066-9, prepared in the Office of the City Engineer under date of February 27, 1959, entitled Plat Showing Easements to Ch*sap*abe and Potomac Telephone Company of Virginia by the City of Roanoke - Relocation of Virginia Route NO. 118; the City's said deed of easement to be con- ditioned, further, upon said Company's release of its existing rights to maintain an overhead pole line or lines across that portion of the City*s property proposed to be included within the aforesaid runway extension and, further, its rights to maintain such overhead line or lines at the southernmost end of the proposed relocation of State Route No. IlO; said deed of easement, otherwise, to be upon such form as is prepared and approved by the City Attorney and to provide for a nominal consideration of $1o00 cash. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Corn*Il, Dillard, Pickett, Webber, Young, and th*President, Mr. Wheeler ................ NAYS: None ............................O. REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of January, 1959. and reported other departmental reports on file in his office, The report was ordered filed. REPORTS OF COMMITTEES: SEWAGE DISPOSAL: Council at its meeting of February 24, 1959, having referred to a committee composed of MeSSFSo RoyL. Rebber, Chairman, Walter Lo Young. Arthur S. Omens and Randolph G. Whittle for study and recommendation a request of the Board of Supervisors of Roanoke County that the contract of September 28. 19S4, between the City of Roanoke and the Coanty of Roanoke, dealing with the treatment or domestic and commercial wastes, be amended by adding thereto nn H-acre tract of land lying on the north side of Virginia State Route No. 6fl6. between Oak Grove £1emeatary School and Virginia State Route No, 692, and the Cave Spring High School tract, containing 20.48 acres or land, lying on the easterly side of B, S. Highway Route 221 south of the Junction with Virginia State Route Wo. 689, the committee submitted its report, recommending that the request of Roanoke County be granted, NFo Young moved to concur in the recommendation of the committee and offered the following Resolution: (=13643) A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes. (For full text of Ordinance, see Ordinance Hook Wa. 23. Page 250.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Pickett, Webber, Young. and the President, Mr. Wheeler ................. NAYS: None ............................ UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINAN(~SAND RESOLUTIONS: HEALTH DEPARTMENT: Ordinance No. 13624. amending the Housing and Hygiene Law. having previously been before Council for its first reading, read and laid over, was again before the body. ~ In accordance with a directive of Council, the City Attorney submitted n redraft of Ordinance Ho. 13624 containing a provision for appeals from decisions of the Board of Housing and Hygiene and certain other minor changes considered necessary by the Legal Department and the Commissioner of Health. Mr. Young moved to amend Ordinance No. 13624 to read and provide as folIows: *AH ORDIHANCE to amend and reordain the following sections of Chapter 9, Dwellings, Dmelling Units and Habitable Rooms. of Title XIII, Health, of The Code of the City of Roanoke, 1956, viz.: Sec. 6, relating to Weatherproofing and heating; Sec. 9. relating to Heating and other requirements; Sec. 10. relating to Air Space and floor area of rooms used for sleeping purposes; Sec. 12. relating to Running water and sinks required to be provided; Sec. 13, relating to Water closets, bathtubs and showers required, type and location thereof; Sec. 15, relating to Toilet ventilation and lighting; Sec. 20, relating to Wanner of serving notice, and effect thereof; and Sec. 22, relating to Appeal of notice to comply, and pro- cedure thereon. ?387 '388 BE IT 0RDAINEDby the Council or tke City of H,es,Re that sections 6, 9, 10o 12, 13, 15, 20 and 22 of Chapter 9, relating to Deellings, Dwelling Units and Habitable Rooms, of Title llll, Health, or The Code orlhe city of Roanoke, 1956, be, end eachof said sections is hereby amended and reordalaed so as to read and provide as f,Il,ms: Sec. 6, Weatherproofing and heating. The owner shall make every dwelling, dwelling unit and habitable.room reasonably weatherproof and capable of being adequately heated, Sec, 90 Heiqht end other requirements, Ho room shall be leased for habitation and no occupant shall occupy any room unless: (u) The clear inner height is at least seven feet; and (b) The uppermost three feet of the required clear inner height is above the average ground level and the floors and walls are water and dampproof in accordance with an approved method if in contactwith earth, unless adjacent areaways or other approved means shall provide reasonably equivalent natural or artificial light and ventilation. Seco 10, Air space and fl,OF area of F,,mS used for sleeping purposes. No owner shall knowingly lease and no occupant shall use a room for sleeping purposes unless there are at least four hundred cubic feet of air space for each adult and the room shall be not less than seven feet wide in any part and shall contain not less than seventy square feet of gross floor area. Sec. 12o Running water and sinks to be provided, The owner shall provide every dwelling unit containing The owner shall provide at least one flush=type water closet, either of the standard china type or of the frostproof dwelling, accessible to all occupants without the necessity of enterinq the dwelling unit of another. If the standard china type is provided it shall be located within the dwelling. If the frostproof type exists, it shall be located in a room attached to the dwelling by a direct opening or by an enclosed properly screened. No dwelling shall hereafter be constructed without having provided therein at least one standard china occupying said dwelling, which facilities shall be located in a room within and accessible from within the dwelling, in the shall use such dwelling unless it shall have such required Sec. 15. Toilet Ventilation and lighting. The owner shall provide every toilet and every bathroom in a dwelling with adequate light and ventilation. Sec. 20. Manner of serving notice - effect. (a) Service of the notice required by section 19 of this chapter may be made by any person by delivery of a copy of such notice to the party to whom directed, in person; or If he or she be not found at his or her usual place of abode, by deliver- lng such copy and giving information of its purport to any person found there, who is a member of his or her family (not a hy leaving a copy of the notice posted at the front door of such place of abode; provided, however, that if such notice in vote: writing shall have reached its destination five days before the expiration of the tine specified in such notice, it shall be sufficient, although not served in the manner above- mentioned. · * * Any person aha shall remove or cause to be removed such posted notice without due authority shall be punishable as provided in section 29. (b) When the notice qiven pursunnt to this and the precedla9 section shall relate to any dwellin~t dwellin9 unit, habitable room or premises which nay be uninhibitedt unoccunled or vacant at the time of the se*.Seen* said notice, such dmelllnq, dmellin9 unit, habitable room or premises shall not thereafter be rentedr lensed or occupied #nail the conditions complained of In such notice shall have keen remedied and the commissioner of health shall have so certified or until au appeal of the requirements of said not*ce shall hate been perfected as is here*wafter prozfded. Sec. 22. Appeal of notice to comply - procedure. (a) The appeal provided for in the preceding section shall be taken hi filing in the office of the commissioner of health a notice of appeal stating in brief and concise form the grounds therefor, and the payment to the commissioner, or such other person designated by him for the purpose, of a fee of five dollars, which shall be paid into the general treasury. The board of housing and hygiene shall hear nad determine such appeals as promptly as practicable, and its decision, together mith the reasons therefor, shall be filed in writin9 in the office of the commissioner of health as a public record. The votes of at least a majority of the members of the board of housing and hygiene shall be necessary to reverse or amend in any manner the order appealed from. Any person who shall fail or refuse to comply with any such order of the commissioner of health, with modifications, if any, made by the board of housing and hygiene, shall be guilty of violating the provisions of this chapter. If any order appealed from be reversed, modified or amended by the hoard of housing and hygiene, the required fee shall be refunded. (b) Any person or persons, Jointly or severally aqqrieved b~ any final decision of the board of housinq and h~qiene, or 9~Y offlcer, department, board or bureau of the city, may pre- sent to a court of record of the city a petition duly certified, ~'ettin~ forth that such decision is illeqal, in whole or in part, and specifying the grounds of such illeqality. Such peti- tion shall be presented to the court within fifteen days after the filinq of the decision in the office of the commissioner of health, Thereafter, the procedure upon such petition shall b~ nutatls mutandis, the same as is provided in Sec. 42, Chapter 4. ~Jtle AY o~ this Code for re,jew of decisions of the board of zoniuq appeals." The motion mas seconded by Mrs. Pickett and adopted by the following AYES: Council members Anderson. Cornell. Dillard. Pickett, Mebber, Young. and the President, Mr. ~heeler ............ NAYS: No~e ............................ Mr. Young then offered the following Ordinance. ns amended, for its second reading and final adoption: (~13624) AN ORDINANCE to amend and reordaln the following sections of Chapter 9, Dwellings, Dwelling Units and Habitable Rooms, of Title XIII, Health, of The Code of the City of Roanoke, 195b, viz.: Sec. &, relating to ~eatherprooffnq and heatfnq. ~ec. 9. relating to Heatinq and other requirements; Sec. IO, relating to Air space and floor area of rooms used for sleeotn~ purposes; ~ec. 12, relating to Running water and sinks required to be provided; Sec~ 13, relating to Ne*er closets~ bathtubs and showers required, t~pe and locati'~n thereof; Sec. IS, relating to Toilet ventilation and liqhtinq; 390 Sect 20, relating to Manner of ~erviao notScet and effect thereof; and Sec~ 22, relating to Appeal of notice to Compromiset aid procedure !~ereon. (For full text of Ordinnnce, see Ordinance Cock No. 23, Page 244.) Mr, Young uoved the adoption of the Ordinance, The notion was seconded by Mrs, Pickett and adopted by the following vote: AYES: Council members Anderson, Corneal, Dillard, Pickett, Mebber, Young~ and the President, Mr, Mheeler ............ ?o NAYS: None ............................ O, MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED ,! COUNCIL, REGULAR MEETING. Monday. March 9. 1959. The Council Of the City Of Roanoke met in regular meeting in the Council Chamber in the Municipal Hullding, Monday, March 9, 1959, et 2:00 o'clock, p. w** the regular meeting hoar, mith the President, Mr, Wheeler, presiding. PRESENT: Council members Anderson. Cornell, Dillard, Pickett, Webber, and the President. Mr, Mheeler ........... ABSENT: Mr. Young ...............1, OFFICERS PRESEIYF: Mr. Arthur S. Owens. City Manager. Mr. Randolph 6. Whittle. City*Attorney. Mr. Harry R.'Yetes. City Auditor. and Mr~ Jo Robert Thomas.' City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Lester O. Nave. Pastor. Grace Methodist Church. H~ARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m** March 90 19$g. on the request of Charles M. and Tlmpfe E. SherrJJl that a portion of their property located on the southeasterly side of FranRlin Road. S. N.. desig- nated as Official Tax No. 1300401. be rezoned from General Residence District to Business District. and notice Of said hearing having been published in The Roanoke Morld-News on Febraary 20. lg§g. and the City Planning Commission having previously recommended that the request be granted, the hearing was held at which no one appeared in opposition. Mr. J. Albert Ellett. Attorney for the petitioners, appeared and advised that his clients intend to erect a motel on the property which will be construc- ted In such a manner as to be an asset to the neighborhood, Mr. Ellett asking that Council 9rant the request of his clients. Mr. Webber moved that Council concar in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (u13644) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, lg56o in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanohe to have that portion of the property of Co M. Sherrill and TJmpie Eo Sherrlll (entire tract now designated as Official Tax No. 1300401) located on the south- easterly side cf Franklin Road. S. W.. and briefly described as follows: BEGINNING at a point on Franklin Road. which is the southwest corner of Bryant property (now designated as Official Tax No. 1300402) and the northwest corner of Sherrlll property. In a southeasterly direction along the Sherrill- Bryant line to a depth of 370 feet. From the same b~ginnieg point, in a south- westerly direction along the east side of Franklin Road a distance of 429.16 feet; more or less. to the southwest corner of Sherrill propert,. 391 392 Frou the southmest corner of Sherrlll property, and along the southerc line thereof S, 620 12' ED 54,44 feet; thence S. ?o 19' I, 25.06 feetl thence S, 66° 470 E, 127 reef to u points then from f.Fo.o._m this point · line projected in a northeasterly direction to u point on the Sherrill-nryant line 370 reef from Franklin Road, and more fully described on u plat prepared by Eubask and Coldwell, Architects add Engineers, dated January 6, ~959~ u copy of said plat being on file with Council, resorted iron General Residence District to Rosiness District; and WHEREAS. the City Planning Commission has recommended that the above parcel of land be resorted from General Residence District to Business District os reqaest- ed; and WHEREAS, notice required by Title XV. Chapter 4. Section 43, of The Code of the City of Roanoke. 1956, relating to Zoning. has been published in mThe Roanoke World*Ness#, a newspaper published in the City of Roanoke. for the time required by said sections and WHEREAS, the hearing as provided for in said notice published in the said nemspaper was held on the 9th day of March, 1959, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Municipal Build- ing, at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezoning; and WHEREAS, thin Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested. THEREFORE, RE IT ORDAINED by the Council of the City of Roanoke that Title X¥. Chapter 4, Section 1, of The Code of the City of Roanoke, lgSb, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: That portion of the property Of C. M. Sberrill and Timpie ED Sherrill (entire tract now designated as Official Tax No. 1300401) located on the south- easterly side of Fran/din Road. S. N., and briefly described as follows: BEGINNING at a point on Franklin Road, which is the southwest corner of Bryant property (now designated as Official Tax No. 1300402) and the northwest corner ef Sberrill property, In a southeasterly direction along the Sbevrill- Bryant line to a depth of 370 feet. From the same beginning point, in a southwesterly direction along the east side of Franklin Road a distance of 429,16 feet, more or less, to the southwest corner of Sherrlll property. From the southwest corner of Sherrill property, and along the southern lice thereof S. 62° 12' E. 54.44 feet; thence, S. 7° 19' M. 25.06 feet; thence, S. 66° 47' E. 127 feet to a point; then from this point a line projected in a North- easterly direction to a point on the Sherrillo Bryant line 370 feet from Franklin Road, and more fully described on a plat prepared by Embank and Caldwell, Architects and Engineers, dated Jannary 6, 1959, a copy of said plat being on file with Council. designated on Sheet 130 of the Zoning Rap as Official Tax No. 1300401, be, and is hereby, changed from General Residence District to Business District and the Zoning ~ap shall be changed In this respect. Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Olllard~ Pickett. Webber. and i the President, Mr, Mheeler .............. NAYS: None .....................O, (~r, Young absent) PETITIORS AND COMMUNICATIORS: STAT£ HIGHWAYS: The City Clerk presented u communication from the Honorable Shirley O, Crowder, Mayor or the Town of ¥lntou, suggesting that the Council of the City of Rounohe appoint u committee to confer with u committee or tbe Town of Vintan In connection with the report of the Virginia Uepnrtuent of Highways es the questio4 or the relocation or Virginia state Route No, 24, between the City of Roanoke and the Town or Ylntau, which recently bas been received, in order that some Joint recommendation might be made to the two governing bodies concerafag possible action on the project. Mr, Anderson moved that such · committee be appointed by the Mayor to meet with the committee or the Council or the Town or ¥1nton, study the matter and submit Its ~eport thereon. The motion was seconded by Hr, Hebber and adopted, The City Manager then advised that he has received a bill fram the Department of Highways of the Commonwealth of.Virginia amounting to being 12 1/2 per cent of the cost of the survey conducted b7 the Highway Depart- menu concerning the relocation of Route 24, and requested that an appropriation be wade lo cover this cost which has previously been authorized by Council. Mrs. Pickett moved tb concur in the recommendation of the City Manager and offered the following emergency Ordinance: (n13645) AN ORDINANCE to amend and reordain Section aSO, *Engineering Services,# of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hooh No. 23, Page 257.) Mrs. Pichett moved the adoption of tbq Ordinance, Yhe motion was seconded by Dr. Cornell and .adopted by the following vqte: AYES: Conncil members Anderson. Cornell, Dillard, Pickett, Webber, and the President, Mr. Mheeler ............ NAYS: None ...................O, .(Mr, Young absent) REPORTS OF OFFICERS: HEALTH DEPARTMENT: ThO City Manager reported that plastic and rubber garbage containers have been developed which are being authorized in some com- munities for use by citizens, that the present law requires the use of metal containers only, and recommended ~he adoption of an Ordinance amending the City Code to permit the use of plastic or rubber garbage containera by citizens in placing their refuse for city pick up, Mr. Webber asked the City Manager whether or not such containers ere flammable in the event hot ashes are stored therein, to which the City Manager replied that no investigation has been made of this particular aspect. Mr, Dillard moved to table the matter until the next regular meeting and to direct the City Manager to investigate the question of whether or not the proposed containers are combustible and to report thereon. The motion mas seconded by Mr. Anderson and adopted, '393 :394 CEMETERY-SCHOOLS*CITY HOME-TUBERCULOSIS SANATORIUM: The City reported that lt'mlll be ·ecess·ry to establish a new City Cemetery In order to provide for the remoral o! the gr·ves presently located Ia the cemetery on the old City Farm mhere Council h·s authoriued tra·sfer of property to the Hoard of Visitors of Vlrglul·.Polytechoic I·stitute for the location ot the proposed Roa·oke Tech·ical I·stitute ·nd recommended that such · cemetery be established on the city*s real estate f· Hotetourt County known ·s Coy·er Springs, the City Manager advising that it will require approxiuately $1,500.00 to establish such · cemetery, Mr. Anderson moved to concur la the recommendation of the City Manager and Offered the folloming emergeecy Ordinance establishing · cemetery at Coyner Springs: (u13646) AN ORDINANCE establishing a cemetery on the City*s real estate, in Hotetourt County, knomn ·s Corner Springs; repealing Section 7, of Chapter 1, of Title X, of the Code of the City of Roanoke, 1956; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 256.) Mr. Anderson moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, and the President, Mr. Nheeler ............ b. NAYS: None ................... O. (Mr. Young abse·t) Mr. Anderson then offered the following emergency Ordinance appropriating necessary funds for the establishment of such a cemetery: (#13647) AN ORDINANCE to amend and reordain Section ~54, *City Home** of the 1V59 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page . Mr. Anderson moved the adoption of the Ordinance. The motion was'seconded by Mrs, Pickett and adopted by the following vote: AYES: Council members Anderson, Corn*Il. Dillard, Pickett. Webber, and the President, Mr. Wheeler ............ NAYS: None ...................O. (Mr. Young absent) STREETS AND ALLEYS-CURB AND GUTTER: The City Manager reported that Mrs. E. J. Parker has agreed to donate a 15-foot strip of land along the front of her property on the west side of Hollins Road, N. E., south of Wu·dy Road. for street widening purposes, grid additional lend for aide·lng the radnis of the corner of Hollins Road and Handy Road, N. E., provided the city~ll construct concrete corb and gutter at no cost to her, the City Manager advising that this is an extension of street widening in the block which has already been authorized and recommending acceptance of the offer. Dr. Cornell moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (a13640) AN ORDINANCE accepting the offer of (Mrs.) E, J. Parker to convey hnto the City m portign of bet real e~tate.situnted on Hollins Road, N, end providing rot tn emergqncy, (For full text of Ordinance, see Ordinance Hook No, 23, Page 259,) Dr, Cornell moved the mdoption of the Ordinance, The motion was seconded by Mr, Webber end adopted by:be following vote: AYES: Connefl members Anderson, Cornell, Dillard, Pickett, Webber, and the President, Mr. Nheeler ..................... NAYS: None ............................O. '(Mr. Young absent) JUVENILE DETENTION HARE: The City Manager reported that subsequent to thendoption of Resolution No. 13567 on the ISth day of December, lgSfl, he made application to the State Department of #elfnre nnd Institutions for the allocation of $$0,000.00 of state funds to help defray the cost of a new Juvenile detention home in the city nad has been advised by the Director of Welfare and Institutions of the Commonwealth of Virginia that the fact that Roanoke has contracts between the city and various counties in this vicinity for the care of their juveniles in the City Detention Home does not qualify the city for the $50,000,00 grant under state law and that in order to qualify the city mill have to have agreements with two or more other political subdivisions for the care of their delinqueqts in the City Detention Home which will run in perpetuity, the City Manager stating that in his opinion there are four alternates from which Council .might choose: (1) To construct such a facility, using state matching funds limited to $S0,000.00 for a portion of the cost, which would require complying with the rulin9 of the state concerning the contracts with other localities; (2) To construct its own facility for its oma use, which, in his judgment, would cost approximately $75,000.00; (3) To remain In the status quo; and (4) To solicit surrounding counties with o view al combining and constructing a regional facility. . In response to a question, the City Manager advised Council that sn far as he hnows no political subdivision of the state has qualified for a $50,000,00 grant from the Commonwealth of ~irginia under the law which has been in existence since 1946, which, in his opinion, indicates that the rulings of the state are, in effect defeating the purpose of the law as envisioned by the Legislature. Mr. Anderson moved to direct the City Attorney to consultwith local membe of the General Assembly with a view toward having the present law governing such grants clarified so that contracts of a reasonable duration can be accepted as a basis for such grants and that, if possible, the matter be handled in the special session of the Legislature when it reconvenes from its present recess. The motion was seconded by Mrs, Pickett. and. adopted, Mr, Dillard voting no. STREETS AND ALLEYS: The City Manager submitted a tabulation of bids received by the Purchasing Agent on March 4, 1959, for the construction of. bituminous pavement, concret~ curb and gutter, and other appurtenant work, in connection with proposed improvementc on Blenheim Road Extension, S. ~., from Persinger Road through Shrine Hill Park to Oregon Avenue, the bid of Ralph E. Mills Company, Xncorporated. in the amount of $57,219,00. being low. the City 396 #aeeger recommending that the lam bid be accepted, bat advising that the budget .carries an appropriation or $40,600,00 rot this work, which is $16,619,00 below the bid pJrceo Mr, JacR B, Coulter, Attorney, representing Rr,'D, So Oloant, 2334 Oregon Avenue, So M** appeared before Council and stated that his client wishes to fnterpose an obJectfon to the construction of the road through the pnrhmay becnsse ia his opinion, it is not necessary at such a cost nnd would serve very few people, Mr, ~ebber stating that he believes the cost of constructing the Rleuheim Road Extension is excessive and that in the light of the cityts present financial condition the Money could be spent elsewhere to better advantage, moved to direct the City Ranager to obtain bids for improving Blenheim Road, S, M,, between Persinger Road and Blair Road, and to submit said bids to Council tar its con- sideratton, The motion was seconded by Dr. Cornell and adopted, Mr, Webber then moved to direct the City Attorney to prepare a Resolution rejecting all bids received for improving Rlenheim Road Extension, S. M** between Persinger Road and Oregon Avenue, The motion was seconded by Dr, Cornell and adopted. The City Manager then submitted o tabulation of bids received for improve- ments on Whiteside Street, N° E., from Wingfield Avenue to Fleming Avenue, the bid of the Adams Construction Company, in the amount of $25,689,R0, being and recommended the acceptance of the low bid. advising that it is approximately $0.000.00 less than the amount contained in the 1959 budget for this worh. Mrs. PicRett moved to concur in the recommendation of the City Manager and offered the following Real ution: (z1364g) A RESOLUTION accepting the proposal of Adams Construction Company for construction of bituminous pavement, concrete curb and gutter, and other appurtenant work in connection with the improvements on #hiteside Street; authorizing the proper City Officials to execute the requisite contract; and rejecting all other bids. (For fall text of Resolution, see Resolution Rook No. 23, Page Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr, Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Nebber, and the President, Mr. lheeler ........ NAYS: ~one ...................0, (Mr. Young absent) REPORTS OF COMMITTEES: MATER DEPARTMENT: Council at its meeting of February 24. 1959. having referred to a committee composed of Ressrs. Randolph G. ~hittle, Chairman* Roy L. ·ebber, Benton On Dillard and Raymond E. Pillow for stud~ and recommendation a request of the Town of Vintou that its water service area as delineated in Resolution ~o.,12159 be extended to include an area of approximately one hundred acres lying northeastward of the Town of Vinton along Virginia State Route No. 652, between Virginia State Route No, 651 nnd Naif Creek, the coawittee submitted its report, advising that this area cnn be served With water from the city*s msia et ~o]f Creek and abet Jn its opinion tho city should sot deviate from its general practice concerning serving water to residents of the county, except where con- ditions Justify such deviation, the cemwittee recowmeuding that the request Of the Town of Viaton be denied, ~ro Anderson waved to concur ia the reeoameadatlou of the committee and to deny the request of th~ Town of Vinton, The motion was seconded by HFS, Pickett and adopted, DaF INISB£O RDRII~SS: RAST£R PLA~: Council having previously tabled for further consideration n report of the City Planning Commission. submitting n list of certain capital improvements in the order of their, priority, in order that the nembers of Council might study the matter end submit their own lists of priority for the projects, the matter was again before the body. Rt. Anderson moved to hold an informal session of Council at ?:30 o*cloc~, po m** Friday, Watch 13, 1959, in the Council Chamber, for consideration of this matter. The motion was seconded by Rt. Webber and adopted. CONSIDERATION OF CLAIMS: ~O~E. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT~STATE HIOHNAYS: Ordinance No. 13637. authorizing md directing the conveyance of certain land to the Commonwealth of Virginia to provide for the' relocation of a portion of existing Virginia State Route No, llH, having previ- ously been before Council for its first reading, read and laid over, was again before the body! Mrs. Pickett of~rin~ the following for its second reading and final adoption: (~13637) AN ORDINANCE authorizing and directing the conveyance of certain land situate in Roanoke County, Virginia, to the Commonwealth of Virginia to pro- vide for the relocation of a.portion of existing Virginia State Route No. lisa (For full text of Ordinance, see Ordinance Book No. 23, Page 253.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AVES: Council members Anderson, Cornell, Dillard, Pickett, Webber, and the President, Mr° Wheeler ............ NAYS: None ...................O. (Mr. Young absent) AIRPORT-EASEMENTS-STATE HIGHWAYS: Ordinance No. 13~41, authorizing and lng the conveyance of an easement to the Appalachian Power Company for an electric power like right of way.in connection with the'.extenston of the northeast-southwest runway at the Roanoke Municipal Airport and the relocation of Virginia State Route No. 116, having previously been before Council for its first reading, read and laid over, Was again before the body, Mr. Anderson offering the following for its second reading and final adoption: ct- .8_97 '398 (a13641) AN ORDINANCE authorizing and directing the conveyance or aa, easement to Appalachian Power Company for ua electric pomer line right or way over certain lauds owned by the City ia Roanoke County, Virginia, upon certain ierms and conditions. (For full text of Ordinance, see Ordinance Oooh No. 23, Page 254.) Mr, Anderson moved the adoption of the Ordinance. The motion was seconded by Dr. Coraell and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Pickett, Webber, and the President. Mr. Wheeler ............ NAYS: None ...................O, (Hr, Young absent) AIEPORT-EASERENTS-STATE IIIGBRAYS: Ordinance No. 13642. authorizing and directing the conveyance of an easeuent to the Chesapeake and Potomac Telephone Company of Virginia for a telephone and telegraph line right of way in connection with the extension of the northeast-southwest runway at the Roanoke Runicipal Airport and the relocation of Virginia State Route No. 118. having previously been before Council for its first reading, read and laid over, was again before th* body. Dr. Cornell offering the following for its second reading and final adoption (a1~642) AN ORDINANCE authorizing and directing the conveyance of an easement to Chesapeake and Potomac Telephone Company of Virginia for a telephone and telegraph line right of way in, under and across certain lauds of the City situate in Roanoke County. Virginia. in connection with the extension of said City*s northeast-southwest runway at Roanoke Municipal Airport. (For full text of Ordinance, see Ordinance Book No. 23, Page 256.) DF. Cornel1 norad the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, and the President. Mr. Rheeler ............ NAYS: None ...................O. (MF~ Young absent) CITY HOME: Council at its meeting of March 2, 1959, having directed the preparation of an Ordinance providing for the leasing of the old City Home on Colonial Avenue, $. W., to the Roanoke Council for Retarded Children, Mr. Webber moved that the following Ordinance he placed upon its first reading: (a13650) AN ORDINANCE providing for the leasing of the old City Home building situate on Colonial Avenne, B£ 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 lease unto the Roanoke. Council for Retarded Children, Incorporated, the old City Home building situate on Colonlol Avenne, S. W., together with an area of approximately five (5) acres, upon the terms and conditions set out in said corporation's offer of December 8, 1958, and the City Manager's report of March 2. 1959,both of which offer and report are on file in the Office of the Clerk of this Council. 't Tke motion was seconded by Mrs, Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Pickett, Webber, nnd the President, NFo Mheeler ................ 5. MAYS: Rro Dillard ............1, (Mr, Young absent) STREETS AMD ALLEYS-CURB AMD GUTTER: Council at its meeting of March 2, 1959, buying directed the preparation of en Ordinance accepting from the Enaim Temple Corporation a S-foot strip, of land. for street widening p~rposes, Dr, Cornel offered the following emergency Ordinance: (u13651) AN ORDIMAMCE accepting the offer of Razlm Tenpin Corporation to convey unto the City. a 5-foot wide strip of land along the side of its property located on the east side of Tth Street, S, W.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 261,) DF, Cornell moved the adoption of the Ordinance, The motion wes seconded by Hr, Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Plckett, Webber, and the President. Mr. Mbeeler ............ 6. MAYS: None ................... O. (Mr. Young absent) STADXUM-MABER FIELD: Council at its meeting of March 2, 1959, having directed the preparation of an Ordinance providing for the rental of Maher Field for fair purposes for one week during the year 1959 only at a rental of $1,400.00, Dr. Cornell moved that the following Ordinance be placed upon its first reading: (z13652) AN ORDINANCE authorizing the City Manager to rent Maher Field to Walter C, Buckner and others for one week during the month of August, 1959, only, for use s recognized as fair purposes, for $1400.00. MHEREAS, The Roanoke Fair, lflc,, has, for a number of years, rented Maher Field for the purpose and has sponsored therein an annual fair of approximately one meekts duration; and WHEREAS, the said Roanoke Fair, Inc., is not interested in sponsoring such a fair during the current year but five directors of said corporation have expressed the desire to personally sponsor such a fair during the month of August, 1959, provided the City Manager be authorized to reduce the prevailing rent of $2.000,00 per week to $1400.00 per week; which reduction is agreeable to this Council for the year 1959 only. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke, notwith- standing the provisions of Title VIII, Chapter 4, Article II. Section 5, of The Code of the City of Roanoke, 19S6, that the City Manager be, and he is hereby, authorized to rent Waher Field to Walter C, Buckner, John L. Godwin. Milliam R. Morris, W. Glen Rsrden and Mtlliam Bo Hopkins, or any of them, for use in sponsoring a mechanical, agricultural, livestock or any use recognized as *faire purposes, for a week during the month of August, 19S9, for the rental of $1400.00. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, and the President, Mr. Mheeler ............. 6. NAYS: None .................... O, (l~Young absent) 399 400 SIGNS: Council ut its meeting or March 2, 1959, having directed the preparation or I Resolution authorizing Mr. Charles Fo Poole, operator of the Whitehall Motor'Court, to erect n canopy in front of wis building at 3016 Williumsoa Road, N. W., mhich will extend into the setback area, Mrs. Pickett offered the folloming Resolution: ¢x13653) A RESOLUTION grnntJng utemp~rary~emJt ~Charles~aadBlnche ~ Mole ~ erectn campy over the driveway of Mh~ehall Motor. Coat t Bt 3016 NilliamsOn'Road, N. W. (Fbr full text or Resolution, see Resolution Book Mo. 23, Page 262.) Mrs. Pickett moved the udoptlun of the Resolution. The motion mas seconded by Mr. Webber nnd adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, and the President, Mr. Wheeler ............ 6. MAYS: Mone ................... O. (Mr. Young absent) MOTIOMS AND MISCELLANEOUS BUSINESS: MATER DEPARTMEI~f-~EMERS: Mr. O. W. Coleman, 2304 Rermit Avenue, N. E., appeared before Council and stated that he is served with water by a one-half loch water line from the Town of Vinton mater system, that on the line serving him Is ~ce ~ther dwelling and that the pressure is insufficient to serve either of the two families, that the city has constructed a sewer pumping station within ninety feet of his home, from mhich nauseous odors emanate, distressing him and his family, that the city has to haul water to the pumping station for the purpose of flushing the sewer line therefrom, Mr. Coleman requesting Council to take the necessary action to furnish adequate water supply to him and bis neighbor and, addition, for use in flushing the city*s sewer line, and to take steps to eliminat* the odor emanating from the sewer pumping station. Mr. Dillard moved to refer the matter tn the City Manager for study and recommendation. The motion was seconded by Dr. Cornell and adopted. QUALIFICATION OF OFFICERS: The City Clerk reported the qualification of Heists. L, Graham Baynte, Jr** J. D. Lamrence and B. M. Eubank as members of the City Planning Commission for terms of four years each expirin9 December 31. 1962, and Messrs. Frank J. Sberertz and A. S. Rachal, Jr., as members of the Advisory Commission on Public Solicitation for terms of two years each expiring December 31, 1960, The report was ordered filed. SCIENCE MUSEUM: Mr. Anderson stated that the city has acm completed its electrification of the water pumping system at Crystal Spring, in consequence of which the old snow pump at the Crystal Spring Pumping Station is no longer in use. that he believes the old pump is of sufficient historical value to be preserved, and suggested that Council might well consider the establishment of a science museum in the city which could house the old pump and other historical items of the community. Council agreed to discuss this matter at its informal session on March 13, 1959. 401 NUISANCES: Dr, Coruell stated that starlings ute causing cosslderuble inconvenience in the domntnmu area to the residents of the community und asked tke City Manager If anything is being done with reference to the elimination of tke pests. The City Manager advised that he is morking on the problem and hopes to be able to come up with a solution In the near future. There being no further business, Council adjourned. APPROVED President 402 COUNCIL, REGULAR REETING, Monday, March 16, 1959, The Council of the City of Roanoke met in regular meeting in the Council Chamber ia the Municipal fluildlng. Monday, #arch 16, 1959, at 2:00 o'clock, p. the regular meeting hour, with the President. Mr. Wheeler, presiding, PRESENT: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young. and the President, Mr. Wheeler ............. ABSEnt: ~one ......... ~ ..................... O. OFFICERS PRESENT: Mr. Arthur'S, Owens. City Manager. Mr. Randolph Whittle, City Attorney, Mr. Harry' R. Yates, City'Auditor, and Hr. J, Robert Thomas City Clerk, INVOCATION: The meeting was opened, with a prayer by the Reverend L, Po McCord, Assistant Pastor. Second Presbyterian Church, MINUTES: Copy of the minutes of the regular meeting held on Monday, March 2. 1959, having been furnished each member of Council, upon motion of Mrs. Pickett seconded by Dr. Cornell and adopted, the reading was dispensed with and the minute approved as recorded, HEAR lNG OF CITIZENS UPON PUBLIC MATTERS: .NONE. PETITIONS AND COMMUNICATIONS: SCHOOLS: The City Clerk presented a communication from J, Fo Harbour and Sons, advising that the firm submitted to the Roanoke City School Board the low bid for the construction of the Williams Elementary School. but that the School Board awarded the cuntract for the construction of said school to another firm (J. M. Turner and Company, Incorporated} which submitted a higher bid because that firm. in its bid, agreed to construct the school in a lesser number of days than the period of time provided for in the lom bid, J. F, Hnrbour and Sons pointing out that the specifications for the construction of the said school contained no indication that the time element was of great importance and, therefore, objecting to the procedure, it being requested that Council consider the adoption of Ordinances providing for the acceptance of low bids by the School Board. except in emergency situations. Mr. Webber moved to receive the communication and table it for consJderati by the members of Council. The motion was seconded by Mr. Young and adopted, ZONING: The City Clerk presented a petition from Mr, Richard To Edwards, Attorney for twenty-one property owners, requesting that their property lying on both sides of Memorial Avenue, S. W., from Memorial Bridge to the present Business District at Grandin Road, and on the east side of Roanoke Avenue, S. W** north of Memorial Avenue, be r,zoned from Special Residence District to Business District. Mr. Anderson moved to refer the matter tO the City Planning Commission for study and recommendation. The motion was seconded by Mr, Young and adopted. RECREATION DEPARTMENT: The City Clerk presented a communication from the · ildmood Civic League, transmitting a petition of 285 residents or the East Gate, Jackson Pith, Kenwood and Idlemlld Perk Subdivisions, requesting that Council give consideration to the construction of e community center in Thrasher Park. Mr. #ebber moved to refer the matter to the City Manager for study and ~ecommendation. The motion was seconded by Dr. Cornell and adopted. CITY JAIL: The City Clerk presented n report from the Department of Uelfare and Institutions of the Commonwealth of Virginia, covering the inspection or the City Jail and the Police Lochup conducted by tbat Department on February lB 1959. Mr. Dillard moved to file the report. The motion was seconded by Hr. Young and adopted. HOARD OF EQUALIZATION: The City Clerk presented a report of the Board of Equalization. covering the equalization Of the lg$O real estate assessments in the city, the Board advising that it completed its mork on March 6, 195q. Mr. Anderson moved to file the report. The motion mas seconded by Dr. Cornell and adopted. SEWAGE DISPOSAL: The City Clerk presented a Resolution of the Council of the Town of Salem, requesting that the contract of October 16, 1953,. between the City of Roanoke and the Town of Salem, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto the Glenvar School site, gamed by the County of Roanoke, containing 28 1/2 acres, located on the old County Poor House Farm, 0.6 of a mile north of U. S. Route 11 and 0.1 of a mile west of Virginia State Route 643. Mrs, Pickett moved to refer the matter to a committee composed of Messrs, Roy Lo Webber, Chairman, Walter L, Young, Arthur S, Owens and Randolph G, Rhittle for study and recommendation. The motion was seconded by Mr. Anderson and adopted REPORTS OF OFFICERS: WATER DEPARTMENT: The City Manager reported that the Purchasing Agent received bids on February 27, 1959, for a utility billingmachtne for the Water Department. for which funds were appropriated in the 1959 budget, and that only one bid was received, being that of the National Cash Register Company in the net amount of $?,742.75, which is less than the amount provided for. the City Manager recommending the acceptance of the bid. Mr. Young moved to concur.in the recommendation of the City Manager and offered the following Resolution: (s13654) A RESOLUTION accepting the proposal of the National Cash Register Company for supplying one utility billing machine for the City's Water Department;,and authorizing the City Purchasing Agent to issue the requisite purchase order. (For full text of Resolution, see Resolution Book No. 23, Page 266.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: '40~3 ,4O4 AYES: Council members Aadersoao Corn*Il. Dillard. Pickett. #ebber. You,g. and the President, Mr. Wheeler ................. 7, ~ATS: None .........~ .................. O. PENSIONS: The City Manager reported that pursuant to Title III, Chapter 2. Section 8, of The Code of the City of Roanoke. 1956, members of the Police Department and the Fire Department covered in the Police and Fire Pension System hare eomlnated for membership on that Board Mr. Eugene W. Meador. Assistant Chief in the Fire Department. t.o succeed Mr. 6rover M. Craddock of that Department mbo retired on March 15. 1959o Dr. Corn, Il then nominated Mr. Eugene M. Meador for membership on the Police and Fire Pension Board. vice Mr. Grover M. Craddock. retired. There being no further nominations. Hr. Eugene M. Meador mas elected a member of the Police and Fire Pension Board. effective March 16. 1959. by the folloming vote: AYES: Council members Anderson. Corn,Il. Dillard. Pickett. Webber. Young. and the President. Mr. Wheeler ................. NAYS: None ............................O. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: Council at its meeting of March 2. 1959. having tabled for two weeks a request of the Judge of the Juvenile and Domestic Relations Court for additional personnel and equipment, and harin9 directed the City Manager to study the matter and submit his recommendations thereon, th~ City ~anager reported that his stndf Indicates ~hat the increase in the work load at the Juvenile and Domestic Relations Court justifies an additional telephoue extension, purchase of additional filing equipment and one additional Deputy Clerk. the City Manager recommending additional appropriations for these items, respectively. $68.B0. $400.00 and $3.000.00. Mrs. Pickett moved to concar in the recommendation of the City Manager and offered the following emergency Ordinance: (=13655) AN ORDINANCE to amend and reordain Section n23, *Juvenile and Domestic Relations Court,# and Section ~144. "Departmental Equipment and Improve- ments," of the 1959 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23. Page 267.) Mrs. Pickett moved the adoption Of the Ordinance. The.motion mas seconded by Dr. Corn. Il and adopted by the following vote: AYES: Council members Anderson. Cora,Il. Dillard. Pickett. Webber. and the President. Mr. Wheeler .................. 6. NAYS: Mr. Young ........................ STREETS AND ALLEYS-CURB AND GIFTTEB-WATER DEPARTMENT: The City Manager reported that in connection with improvements to Crystal Spring Avenue. S. north of McClanahan Street. he has received from Houck and Company. Incorporated. an agreement to d~nate a parcel of land approximately 380 square feet in area from the northeast corner of its property for street midening purposes, provided the city alii install curb nnd gutter after the widening of the street, tke City #hunger recommending the acceptance of the offer, end, in addition, reporting that, ir Council agrees, he proposes to widen the said street bet~ee.n that point nnd Wiley Drive by twenty feet, utilizing property of the Water Department for that purpose, Hr. Nebber moved to table the matter until the next regular meeting of Council in order that the members of the body wight familiarize themselves mith the q~estion. The motion was seconded by Hrs. Pickett and adopted. REPORTS OF CONNITTEES: NONE. UNFINISHED ROSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance ~o. 13644, rezoning property located on the southeaster! side of Franklin Road, S. W** being a portion of Official Tax No. 1300401, from General Residence District to Business District, having previously been before Council for its first reading, read and laid over. was again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (~13644) AN ORDINANCE to amend and reenact Title XV, Chapter 4. Section 1. of The Code of the City of Roanoke, 1956, in relation to Zoning. · (For full text of Ordinance, see Ordinance Book No. 23, Page 263,) Mrs. Pickett moved the adoption Of the Ordinance. The motion was seconded by Mr, Anderson and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard, Pickett. Webber, Young, and the President, Mr, Wheeler ................. NAYS: None ............................O. CIYY BONE: Ordinance No. 13650. providing for the leasing of the old City Home building on Colonial Arenne. S. N.. to the Roanoke Council for Retarded ~hildren. having previously been before Council for its first reading, read and laid over. mas again before the body. #fo Yonng offering the following for its second reading and final adoption: (~13650) AN ORDINANCE pr,riding for the leasing of the old City Home building situate on Colonial Arenue~ So Wo (For fall text of Ordinance. see Ordinance Book No. 23. Page 265.) Mr. Young moved the adoption of the Ordinance, The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Cornell, Pickett, Webber, Young, and the President, Mrs Wheeler ......................... NAYS: Mr. Dillard .....................1. STADXUM-RAHER FIELD: Ordinance No. 13652, authorizing the City Manager to rent Raher Field to Walter C. Onckner, et al., for one week during the month of August, 1959, only, for fair purposes, at a rental of $1,400.00, having previously been before Council for its first reading, read and laid over, was again before the body, Dr. Cornell offering the following for its second reading and final ad6ption: 405 406 (m13652) AN ORDINANCE mmtborizing the City Manager to rent Maker Field tO Melter C, Onckner nad ot~ers ~or one meek during the month of August, 1959, only, for uses recognized es raft purposee, for $1400,00,~ (For rail text of Ordinance, see Ordinance.Book Nc, 23, Page 265,) Dr, Cornell edged the adoption of the Ordinance, The motion mas seconded by Mr, Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, Young, ned the President, Mr, Wheeler ................. NA~S: None ............................OD STREETS AND ALLEYS: Council at its meeting of March 9, 193gt having directed the preparation of a Resolution rejecting all proposals received for the construction of bituminous pavement, concrete curb and gutter, ~nd other appurtenant work in connection mlth improvements on Rlenheim Road Extension, S, M** DF, Cornell offered the following Resolution: (=13656) A RESOLUTION rejecting all proposals received for the proposed improvements on Blenheim Road Extension, S, M, (For full text of Resolution. see Resolution Rook No. 23, Page Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard, Pickett. Mebber. Young, and the President, Mr, Nheeler ................. ?. NAYS: None ............................O. MOTIONS AND MISCELLANEOUS BUSINESS: JUYENILE DETEf~FION HOME: The City Attorney reported that pursuant to a directive of Council he has contacted the members of the Ceneral Assembly of Yirgfnia from Roanoke mith reference to amending the Jaw concerning grants for detention bone construction and has been assured by Senator Earl A, Fitzpatrick that the Office of the Attorney Ceneral of Virginia will prepare proper leglslaticl for this purpose mhich, prior to presentation to the General Assembly mill he submitted to the City Attorney for his study. NAYER DEPARTMENT: Dr. Cornell reported that the committee composed of himself as Chairman, Mr. Young and Mr. Mebber, studying possible improvements to the Carvins Core Area recreation facilities, believes that the master plan as submitted by the City Manager Is somewhat ambitious under present circumstances, but that the committee believes three additional concrete boat ramps and a floating pier to accommodate approximately thirty boat docking spaces should be constructed at this time, and moved to direct the City Manager to submit a cost estimate for these facilities, the estimate for construction of the pier to be based on the alternatives of using steel, aluminum or mood. The motion mas seconded by Mr. Anderson a~d adopted. CITY JAIL: The City Clerk reported that the City Sergeant has requested authority to enter into n contract with the United States Department of Justice for the safekeeping, care and subsistence of federal prisoners in the Roanoke City Jail at a rate of SI.SO per day per person, in lieu of the present contract for this purpose nt the rate of $1.25 per dsy per person uhich rill expire on March 31, 195q. After some discussion, in which it vas pointed out that In view of the overcrowded condition or the city Jail and the numerous unsatisfactory official reports received thereon it might be nell not to house federal prisoners therein, Mr. #ebber moved to reYer the matter to the City Manager rot study, discussion uith the Judge of the Uustings Court and submission of his recomuendation thereon. The motion mas seconded by Mr. Anderson and adopted, Mr. Dillard voting no. There being no further business, Council adjourned. APPROVED 407 4'08 COUNCIL, REGULAR MEETING, Monday. March 23, lgSg. The Council of the City of Roanoke met in regular meeting ia the Council Chamber in the Municipal Building, Monday. March 23,1959, at 2:00 o'clock, p, m,, the regular meeting hour. mith the President, Mr. Wheelero presiding, PRESENT: Council members Anderson. Cornell, Oillard, Pickett. Webber. Young, and the President. Mr, Wheeler ............. ?. ABSENT: None .............................O, OFFICERS PRESENT: Mr, 'Arther S, Owens, City Manager, Mr. James N. Miucaoon, Assistant City Attorney, Mr. Harry R, Yates, City Auditor, and Wr. J. Bober~ Thomas, City Clerk, : INVOCATION: The meeting was opened with a prayer by Dr. C, M, Cornell. MINUTES: Copies of the minutes of the regular meetings held on March 9, 1959, and March 16, 1959. having been furnished each member of Council, upon motion of Mr, Anderson, seconded by Dr, Cornell and adopted, the reading was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A publfc'hearfag having been set for 2:00 o'clock, p. m,, March 23, 1959. on the question of amending Title XV, Article IV, Section 17, Subsection 20, of The Code of the City of Roanoke, 1956, in relation to Zoning, to read and provide as fellows: *Any manufacturing other than light manufacturing conducted wholly within any building provided such light manufacturing is in no way a nuisance or hazardous to the district.* and notice of said hearing having been published in The Roanohe World-News on March 6, 1959, the hearing was held, The City Clerk presented a report af the City Planning Commission, advising that in its opinion the amendment proposed would not adversely affect the interests of property owners Iff the districts zoned for business and would permit the carry- ing on of additional commercial enterprises within the business districts which would not change the character thereof nor be against the interests of the general public, the Commission therefore recommending that the amendment be adopted. Mr. Webber moved to direct the City Attorney to prepare an Ordinance pre= riding for the proposed amendment. The motion was seconded by Mr. Young and adopted. PETITIONS AND COMMUNICATIONS: HOUSING: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority, advising that in pursuance of Section 36-22, of the Code of Virginia, it is reporting to Council that effective May 1, 1959, the maximum income limits for families eligible for housing in the Lansdowne Park and Lincoln Terrace low rent housing projects will be increased to $2,900.00 for admission, except in special circumstances applying only to families ~he require housing aa a result of governmental action, including code enforcement, highway or street construction, nnd urban renewal or redevelopment projects, the maximal income for admission will be $3,300,00, n·d for continued occupancy, $3,300,00. Hr. Dillard moved to file lbe communication. The motion was seconded by Dr. CDr·ell nnd adopted. PBRCRASE OF PROPERTY: The City Clerk presented n communication from Temple imm·riel, offering lo convey to the city its property located on McClnnahan Street, S. I,, which it ls vncat'i·g by reison of moving to a nam building, at · price of $52.500.00, stating that in its opinion the property could be used as a recreational ce·let, bra·ch library or for some other municipal purpose. DF, Cornell moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by nfo Dillard and adopted. EASER£1qTS-APPALACBI~N POI~ER CORPAN¥-SCBOOLS: The City Clerk presented · communication from the Roanoke City School Board, advising that an Appalachian Power Company easement, in which is co·tad·ed lines of that company across the Williams school site at Bershherger Road and ~estside Doulevnrd, interfere with constrnotio· of the school and that the power company has agreed to relocate its lines, provided the city will grant an easement across the said site for its Ii·es parallel with and adjacent to the boundaries of the site and across the property for the purpose of servicing the new school, the School Board requesting that Council approve the 9ranting of the required new easement. Mr. Young moved that Council concur in the recommendation of the School Board and that the following Ordinance be placed upon its first reading: (#13657) AN ORDINANCE authorizing and directing the proper City Officials to execute and deliver a deed of easement to the Appalachian Power Company. MBEREAS, the Appalachian Power Company now has an electric power line located upon the Williams Site which would interfere with the construction of the proposed new elementary school thereon; and RHEREAS, at the request of the Roanoke City School Board, the Appalachian Power Company has agreed to remove said line provided another acceptable power line easement is conveyed it; and MHEREAS, the Roanoke Cit~ School Board has recommended the granting of the easement herein authorized, in which recommendation this Council co·curs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be. and they are hereby, authorized and directed, for and On behalf of the City. to execute and deliver an indenture to the Appalachia· Power Company. conveying unto said company a right of way and easement, with the right, privilege and authority to said corporation, its successors and assigns, to coastruct, erect, operate and maintain a line or lines for the purpose of transmitting electric or other power thereover, the description thereof: Being a right of way and easement parallel with a·d adjacent to the outside boundary lines of the lands conveyed to the City of Roanoke by Alzie Shumate Milldams et al by Deed dated March 26. 1957. and recorded in the Office of the Clerk of the Bustings Co·rtfor the City of Roanoke, Virginia. in Deed Book 1011. at Page 426; and ~09 also, a rlghk of way and easement over said lauds for the purpose of muhiag electric service available · to the party of the first part (i,e** City or Roaoohe), as Bay be required now or in the future, for the nominal consideration or $1.00 and after the form or such indenture shall have been approved by the City Attorney. The motion was seconded by Dr. Coruell and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Nebbcr, Young, and the President, Hr. Nheeler ................. NAYS: None ............................O, STREETS AND ALLEYS: The City Cloth presented a petition or Carl H, and gJ~a G. ~essler, adViSing that due to as error In the survey of their property located on the southwest corner of Virginia Avenue and Adams Street, N, No, their home was erected by the previous owner of the property so that there is an encroachment of the building along the side of their property in Adams Street for a length of 24.9 feet, a distance of O,5 feet at the northern end and feet at the southern end, which eFFOF has been discovered by the city's engineers, the petitioners requesting that Council grant permission for this encroachment to continue and agreeing to indemnify and save harmless the City of Roanoke by thereof. Mr, M. Caldwell Butler, Attorney for the petitioners, appeared and atated that the encroachment of the building upon the city street is due to an error of the previous owner and was not discovered until after the property was purchased by his clients, consequently, they are victims of circumstances beyond their control, Mr. Butler voicing the opinion that the encroachment is so small it would not cause any inconvenience to the city or the public and requesting that Council adopt an Ordinance granting the request of his clients. Mr. Dillard moved that Council concur in the request and that the follow- in9 Ordinance be placed upon its first reading: (=13658) AN ORDINANCE grantin9 permission to Carl Do Kessler and Viola C. Kessler to maintain certain encroachments over the westerly line of the right- of-way of Adams Street, N. N., upon certain terms and conditions. NBEREAS, a survey of the property of Carl N. Kessler and V~da C. Kessler lying at the intersection of Adams Street and Virginia Avenue, N. M., in the City of Roanoke and also known as Lot 9, Section 23. according to the Map of the Mashtngton Club Land Company, made by C. D. Malcolm ~ Son, State Certified Engineers, dated February 4, 1959. SHOWS that the easterly wall of the residence erected on said lot projectsover the right-of-way of Adams Street, N. N.. for the length of said wall in the amount of 24.9 feet for a distance of 0.5 feet at the northern end of said wall and 0.75 feet at the southern end of said wall; and KHEREAS. said encroachments appear to have been made in good faith by a prior owner of said property, who relied upon a survey which has now proven to be inaccurate; and the said~croachments do not adversely affect, abridge or destroy the use of Adams Street; and RHEREAS. the said Carl H. Messier mud ¥1ola C. Kessler bare petitioned this Council for authority to maintain said encroachments upon the terms and conditions hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be, and the same is hereby, grmnted to Carl H, Kessler and Viola C. Messier. husband a~ wife. to maintain, subject to the terms and conditions hereinafter provided, the encroachment of the easterly well of the residence located upon Lot 9, Section 23. according to the Map of Nashfngton Club Land Company. for the length of said wall in the auoant of 24.9 feet for a distance of 0°5 feet at the northern end of said wall and O.?S feet at the southern end of said wall; provided, however, that the aforesaid permission se granted shall be held and deemed to be a license nerely~d shall be revocable by this Council. or the General Assembly. or upon the removal or destruction of the said existing building, and that the said Carl H. Messier and Viola C. Kessler shall, by acting under this ordinance, be deemed to agree to indemnify and save harmless the City of Roanoke from all claims for damages to person or property by reason of the construction, existence or maintenance of the aforesaid encroachments. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett. Webber. Young. and the President. Mr. Hheeler ........ NAYS: None ....................O, REPORTS OF OFFICERS: HEALTH DEPARTMENT-GARBAGE REROVAL: Council at its meeting of March lgSg, having tabled a recommendation of the Cit~ Manager that The Code of the City of Roanoke. 1956, be amended to provide for the u~e of plastic and rubber garbage cans, at which time the City Manager was directed to study the question of the combustibility of these containers and report thereon, the City Manager'reported that after a further study of the matter it is his recommendation that no amend- ment be made to the City Code for this purpose. Mr. Young moved to concur in the recommendation of the City Manager. The motion mas seconded by Mr. Anderson and adopted. TRAFFIC-SCHOOLS: Council at its meeting of February 24, lgSg. having referred ta the City Manager for study and recommendation the question of requfrla! vehicles oa approaching a marked school bus in the city, as mom operated under ~ e direction of the Roanoke City School Board, to stop and remain stopped as long as such buses are not in motion, similar to the requirement of the state law concerning official school buses on the highways, the City Manager reported that in order for Such a lam to be valid in the city it would be necessary that buses hauling school children conform to the specifications of the state covering official school bases with reference to color, markings and signals, that in his opinion the provisions of the State Motor Vehicle Code concerning the operatiol of vehicles on the approach of official School bases are not intended to apply t5 urban areas, therefore, he cannot recommend any change in the existing traffic lams la connection therewith. 411 4:2'2 Mr, Dillard moved to ConCur is the report of the City Mencger, The motion was seconded by Mtn Young end adopted, WATER DEPARTWENT: Conncil at its meeting of Watch 16, 1959. having directed the City #seeger to furnish the body an estimate of the coot of con- structing three concrete ramps and a floating pier for the dcchJng or approxlmatel~ thirty boats at Carvins Cove, the City Wanager reported that tb~ cost of the three concrete ramps mould be approximately $2,000,00 ned that the cost of constructing a steel pier would be approximately $3,000,00 for the fixed portion thereof nad $4,000,00 for the floating part, that he has investigated the advisability of the use of steel, aluminas or wood for the construction of the pier and that in his opinion the ass of steel is the most economical, the City #nnegeF also expressing the opinion that the approximate cost of $9,000.00 fo~ the ramps and pier ennbe amortized in a reasonable length o! time iron the income at the Cove area. Mr. Mebber moved to accept the report of the City Manager and offered the following emergency Ordinance: (~1365g) AN ORDINANCE to amend and reordain Section n144, *Departmental Equipment and Improvements,' of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book Wo. 23, Page 260.) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Mebber, Young, and t~ President. Mr° Wheeler .................. ?. NAYS: None ............................Oo CITY JAIL: The City Manager reported that he has consulted with the Superintendent of Police and the City Sergeant concerning the request of the City Sergeant for authority to renew a contract with the Dnited States Government for the safekeeping, care and subsistence of prisoners of the government in the Roanokt City Jail, mhich contract expires March 31, 1959, but has been unable to consult with the Judge of the Bustings Court, the City Manager, however, recommending that Council authorize renewal ofthe contract for the care of federal prisoners, pointing out that the maximum number of prisoners at any time in the City Jail is twenty, which usally occurs during coart terms in May and October, and that the median number of prisoners in the jail is five to eight. Mro Anderson moved to table the matter until the next regular meeting of Council and to direct the City Manager, in the meantime, to consult with the Judge of the Hustings Court and seek his approval of entering into the contract. The motion was seconded by Mr. Young and adopted. WATER DEPARTMENT-SEWERS: The City Manager reported that he has investigate the complaint of Mr. C. W. Coleman, 2304 Kernlt Avenue, N. E., concerning his mater service and the odor emanating from the semage pumping station in the vicinity, and that there are seven houses in the area to which he thinks city water service hould be rendered, the cost of which would be approximately $2.500,00. that this water service would include furnishing necessary water to the sewage pumping station rot flnshisg purposes, mhich, in his opinion, would eliminate or reduce the odor complained of which comes grow the sewage pumping station through air vests therein, the City Hanager recomuending that Council authorize construction or the water main tn question, Hr, Dillard moved to concur in the recommendation of the City Manager, The motion was seconded by Dr, Cornell and adopted, #ASTER PLAN-STORM DRAINS: The City Manager subtitted a report, advising that he has received an offer iron Bayes, Seay, Matters and Mattern to bring up to date Its survey and report concerning the Milliamson Road storm drainage system mith respect to basic feasibility and current cost of construction for a lump sun fee of $1,25o.oo, and, with respect to the' technical design phases of the report, for anadditional fee of $6,000,00, the City Ranager advising that In his opinion it is necessary to bring the entire report up to date before Council can consider submission of the drainage program to the people in a referendum and recommending that. Council authorize contracting with Bayes. Seay, Rattern and Matters for this purpose. Mr. Rubber moved to direct the City Attorney to prepare a Resolution authorizing the City Manager to employ Bayes. Seay, Matters and Mattern for the purpose of bringing up to date its survey and report concerning the storm drainage system for the Mllliamson Road area in accordance with its offer at a cost of $7,250.00. The motion was seconded by Mr. Dillard and adopted. BUDGET-ANNEXATION: The City Manager reported that subsequent to his report of March 2, 1959. concerning the recommendation of Harland Bartholomew and Associates that an aerial map of possible annexation areas in the counties adjoining the city be acquired, he has received a communication from American Air Surveys, Incorporated. Pittsburgh, Pennsylvania. advising that it is iu the process of making aerial photos of a IlO-square mile area in the vicinity of Roanohe for a commercial organization, and, coincident with that survey, it is offering to furnish the city two copies of a photomosaio of the entire I10-square mile area at a scale of one inch equals eight hundred feet and photo enlargements at a scale of one inch equals four hondred feet of every other photograph covering the entire area, plus two copies of a photo-index to the individual photographs, for a fee of $1,350.00, the City Manager advising that in his opinion the city Shoold take advantage of this offer and recommending that $1,500.00 be appropriated to cover the cost of the project. Mr. Dillard moved to concur in the recommendation Of the City Manager and offered the following emergency Ordinance: (=13660) AN ORDINANCE to amend and reordain Section ~155. *Annexation.w of the 1959 Appropriation Ordinance, and providing for on emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: 413 4'14 AYES: Council members Anderson, Cornoll, Dillard, Pickett, Webber, Young, end the President, Mr. Mheeler .......................... ?, NAYS: None .....................................O, BUDGET-PENSIONS: The City Manager reported that the State ia requiring an actuarial study of employees in the constitutional offices who are not members of the State Retirement System, but are members of the City Retirement System, before It can reimburse n portion of the oity*s cost Jn connection therewith, and recommended an nppropriatio~ of $325.00 to cover such n survey. Mr. Young moved to concur in the recommendation of the City Manager and offered the following emergency Drdinance: (#13661) AN ORDINANCE to amend and reordaiu Section ZlS, "Retirements,' of the 1959 Appropriation Drdinance. and providing for an emergency. (For full text of Drdinance, see Drdinance Book No. 23, Page 269.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Pickett, Mebber, Young, and the President. Mr. Mheeler .................................. 6. NAYS: Mr. Dillard ..............................!. EASEMENTS-STORM DRAINS: The City Manager reported that the city desires to construct a drainage pit on property owned by Home Building and Savings Association, Incorporated, on the southeasterly side of Churchill Drive, N, east of Grandview Avenue, which property has been set aside as a seepage area under the city's subdivision law, and that Home Building and Savings Association, Incorporated, has agreed to convey to the city an easement for this purpose under certain conditions, the City Manager recommending that Council authorize the acceptance thereof. Mr. Anderson moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (n13662) AN ORDINANCE authorizing and directing the acquisition of a perpetual easement for a drainage well and a storm drain right of way to be located on two (2) certain unnumbered lots situate on the southeasterly side of Churchill Drive, N. W., east of Drandview Avenue, N. M., owned by Home Building Savings AssOciation. Incorporated. upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 23, Page 269.) Mr. Anderson moved the adoption of the Ordinance. The motion was seconded By Mr. Young and adopted by the following vote: AYES: Council members Anderson. C,mall. Dillard. Pichett. Webber. Young. and the President, Mr. Wheeler .......................... NAYS: None ..................................... EASEMENTS-SEMERS: The City Manager reported that Messrs. Richard So and Samuel Ladd Johnston and Jarrett-Chewning Company. Incorporated. have agreed to convey to the city a Fight of way for the construction of a sewer line across their property lying between South Jefferson Street and Roanoke River northerly r! iron the Jefferson Street Bridge across said river for a ·omi·al conslderati~n of $1.00 and recommeaded the acceptance of the offer, Mr, Young moved to concur in the reco··endation of the City Manager and offered the folloming emergency Ordinance: (s13663) AN ORDINANCE authorizing and directing the acquisition of two (2) certain easements for · public sanitary sewer line to be extended across certain lots situate between South JeYferson Street and Roanoke River shown on the Map of Pleasant Valley Acreage; and providing for on emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 271,) Mr. Young moved the adoption of the Ordinance. The marion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Corcell. Dillard. Pickett. ~ebber. Young. and the President. Mr. Mheeler .......................... 7. NAYS: None .....................................O. PURCHASE OF PROPERTY-SEMERS: The Eity Manager reported that MFS. Bairn M. Goad, Blllsville, Virginia, has, subsequent to receiving notice of a Sewer Assess- ment against Lot 12. Block 34. East Gate Addition. owned by her. in the amount of $106.B9. along with a tax ticket from the City Treasurer covering the 1959 taxes on the said property, in the amount of $3.?B. advised that she does not wish to pay these charges against the property, and. in lieu thereof, has offered to convey the property to the City of Roanoke as a gift. the City Manager advising that he has inspected the property and recommending that Council authorize acceptance thereof. Dr. Cornell moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare an Ordinance accepting the property as offered by Mrs. Goad, The motion was seconded by Mr. Anderson and adopted. CROSSOVERS: The City Manager submitted a request of Fralin and Flora for permission to construct a 40-foot wide sidewalk crossover into its property from Franklin Road. S. M.. and a 35-foot wide sidewalk crossover into its property from Roberts Road, S. ~,, said property being located on the southeast corner of Franklin Road and Roberts Road, S. W,, and on which it proposes to erect a filling station, the City Manager recommending that the request be granted. Dr. Cornell moved to direct the City Attorney to prepare a Resolution granting the request for the crossovers as recommended by the City Manager. The motion was seconded by Mr. Young and adopted. PARKS AND PLAYGROUNDS: The City Manager submitted a report, advising that the Director of Parks and Recreation and he have for some several years been discussing the feasibility of amending the subdivision law of the city to provide for the dedication of a certain percentage of newly developed land as park and playground areas, and transmitted along with his report a study of the matter as prepared by the Director of Parks and Recreation, the City Manager recommending th~ the matter be referred to the City Planning Commission, for study and recommendati¢ to Council. 415 41'6 Mrs. Pickett moved to concur in the report of the City Manager and to refer the matter to the City Planning Commission for study and recommendation, The motion mas seconded by Dr, Ccrnell and adopted. BRIDGES: The City Manager reported that the City Planning Commission has recommended the relocation of the bridge proposed to be constructed by the Department of Highways of the Commonmeulth of Virginia over Tinker Creek on Virginia State Route 1501 ut the city corporate line Into Plumer Park, us authorized by Conncil nnder Resolution Ho. 13230, adopted on November 4, 1957, to a point which mill extend from Preston Avenue. No RD, across Tinker Creek into Palmer Park, which recommendation has been concurred In by the State Highway Commission, the City Manager advising that he concurs in the recommendation of the City Planning Commission on file in the Office of the Mr. Dillard moved to for such relocation in accordance with Plan No. 4370, City Engineer. direct the City Attorney to prepare a Resolution providing for the relocation of the bridge as recommended by the City ~anager. The motion was seconded by Or. Cornell and adopted° REPORTS OF COMMITTEES: · RECREATION DEPARTMENT: Council at its meeting of March 2, lg5g, having appointed a committee composed of Mrs. Mary Co Pickett. Chairman, Mr. Arthur So Owens and Hr. Robert Po Hunter to study the question of the type of building to be erected as a recreational center in the Nilliamson Road area and submit recommendations thereon, the committee submitted its report, recommending that the City ganager be authorized and directed to secure the services of an architect to draw plans for the proposed building, said building to be T-type and to incorpo- rate portions of the plans heretofore presented to Council. the completed plans to be presented to Council for its final consideration. Mr. Webber moved to direct the City Attorney to prepare a Resolution authorizing the City Manager to employ an architect as recommended by the committee with the proviso that preliminary plans, as mall as the final plans, shall be presented to Council for its consideration. The motion was seconded by Dr. Cornell and ad,pred. UNFINISHED BUSINESS: ZONING: Council at its meeting of February 24, 1959, having referred to the City Planning Commission for study and recommendation a request of Mr. Herbert Lo Moir that his property located on the southeast corner of Melrose Avenue and Thirty-fifth Street, N, W,, Official Tax No. 2660401, be rozoned from General Residence District to Business District, the City Planning Commission submitted its report, advising that the property in question is located, along with several adjacent lots, between a Special Residence District and a Business District, with a Business District immediately across the street therefrom, and that in the opinion of the Commission the property is more suitable for business uses than for residential purposes, the Commission, therefore, recommending that the property of the petitioner, along mith the following adjacent properties, be resorted from General Residence District to flusicess District: Official Tax No. 2660402, outed by Mumie and Nettle Meumer; Official-Tax No, 2660403, owced by L, D, add Ida Mae Dooth; Official Tax No. 2~60404, owned by Oakley M** Jr** and Ruby E, Ruox; Official Tax No, 2660405, owned by Ro O. Dire; Official Tax No, 266o42o, owned by Jesse E, and Lillie R. Daubrich; located on the south side of Melrose Avenue, N. M** east of Thirty-fifth Street; and official Tax No, 266o422, owned by Steve J and Lucllle McBride. located on the east side or Thirty-fifth Street, N. M,, south of Melrose Avenue. Mr. Young moved to hold a public hearing in the matter at 2:00 o'clock, p, m., April 20, 1959, In the Council Chamber. the attorney for the petitioner to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication, The motion was seconder by Mr. Anderson and adopted, STREET NAMES: Council at its meeting of March R, IgC, baying referred to the City Planning Commission for restudy its letter of February 25, requesting that a portion of Mhiteside Street, N. E., and Mundy Road, N. E., be redesignated as Liberty Road, the City Planning Commission submitted an additional report, recommending that in addition to the recommendation for street names contained in its original report Council also redesignete Mllkes Road located east of Hollins Road and extending to a point near the city limits as Liberty Road. Mr. Webber moved to direct the City Attorney to prepare a Resolution secnnded by ~Co Dillard and adopted. ZONINg-STREETS AND ALLEYS: Council at its meeting of March 2. 1959. request of the City Manager for the establishment of a setback line on the east side of Seventh Street, S. W** extending from Marshall Avenue to an alley lying between Marshall Avenue and Campbell Avenue, the City Planning Commission submitte, its report, advising that in view of the present building regulations establishing building lines the establishment of a setback line at this point is not necessary since any building erected on the lot under the present building regulations would be required to ~t back five feet from the street, the Commission, therefore, recommending that no additional setback line be established at this point, Mrs. Pickett moved to concur in the recommendation of the City Planntn9 Commission, The motion was seconded by Mr. Anderson and adopted. STREETS AND ALLEYS-CURB AND GUTTER-WATER DEPARTMENT: A recommendation of the City Manager that Council accept the offer of Hunch and Company, Incorporated, to transfer to the city a parcel of land located on the northwest corner of property at the intersection of Crystal Spring Avenue and an unnamed street north of McClanahan Street, S. M** for street widening purposes, and the further report of the City Manager that be proposes to widen said unnamed street northward from the intersection of said street with Crystal Spring Avenue to Wiley Drive by use 418 o£ twenty feet of the property owoed by tie City ~ater Depertmeet, hating bee# tabled by Council nt its meeting of March 16, 1959, for consideration at its next regular meeting, the matter was again before the body, M~, Young moved to refer both matters to the City Plalnlng Commission for s~ndy amd recommendation, The motion was seconded by Mr, Mebber amd adopted, CONSIDERaTION.OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AM) RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED ATTEST: ,! COUNCIL. REGULAR MEETING. Monday. March 30° 1959. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Huilding, Monday, March 30, 1959, at 2:00 o'clock, p. m., the regular meeting hour, with the President, Hr, Mheeler, presiding, PRESENT: Council members Anderson. Dillard, Pickett, Yebber, Young, and the President, Mr. Wheeler .......... ABSENT: Dr. Corn. Il ............. 1. OFFICERS PRESENT: Mr. Arthur Whittle. City Attorney. Mr. Harry R. Yates. City Auditor. and Mr. Jo Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend S. Earl Mitchell. Pastor. First Church of the Hrethren. MINd,rES: Copy of the minutes of the regular meeting held on Monday. March 23. 1959. having been furnished each member of Council. upon motion of Mrs. Pichett. seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: MATER DEPARTMENT: The City Clerk presented a communication from the Town of Vim,on. asking that the Council of the City Of Roanoke reconsider its action of March 9. 1959. in denying the request of the Town of Vinton for an extension of its water service area as established by Resolution No. 12159. adopted by the Council of the City of Roanoke On June 14. 1954. advising that its present request is based on heretofore unsubmitted information; i. e.. that the area covered by its request, containing approximately one hundred acres, lying northeastward Of Vlnton along Virginia State Route 652. between Virginia State Route 651 and Wolf Creek. is in the drainage area served by its sewage system, that the Town proposes to connect the Lynn Haven Hills Subdivision. lying in the said area. to its lO-inch sewage transmission line along Wolf Creek; consequently, it is only natural to serve water to the same area since the Sewage billings are based upon water consumption, which condition would create an unsatisfactory operation considering the fact that the City*s water billings are on a quarterly basis, whereas the Town of Vim,on bills on a monthly basis for its sewage charges, and. in addition. it would be difficult for Vim,on to obtain Roanoke water meter data. Mr. Young moved to refer the matter to a committee composed of Messrs. Randolph 6. Whittle, Chairman, Roy L. Webber, Benton O. Dillard and Raymond Pillow for study and recommendation, The motion was seconded by Mr. Anderson and adopted, REPORTS OF OFFICERS: TRAFFIC-CURB AND DLrfVER-STREETS AND ALLEYS: The City Manager reported ,ha he has restudied the request of Temple Emanuel for certain improvements on Persinge Road. 50 #.. at its intersection with Brambleton Avenue, in accordance with a directive of Council at its meeting of December '42O Welch, owner of the property ot the southeast corner or the intersection, has ,greed to give the. city sufficient 18nd to widen the street el,ag the front of his property and toned the corner of the Intersection, Jn exchange for the city installing concrete curb and gutter and performing the necessary street work to widen that portion or Persfuger Road and the rndlus at the Intersection, which would partially accomplish the iuproveuents requested by Temple Eunnnel, the City Manager advising that the work Involved is entfuated to cost $10,000,00 and suggesting that he he curb,riced to secure public bids thereon for sehuisslon Council. at which time the body could decide upon the action to be taken. Mr. Young Bared to concur in the report of the City Manager and to direct that he secure bids for the proposed work for submission to Council. The motion was seconded by Mr. Dillard and adopted. STORM DRAINS: The City Manager reported that there is contained in the 1959 budget $200000,00 for the drilling of drainage shafts in the Willlauson area, that on January 27, lgSg, a contract, mas entered into between the City of Roanoke and Sydnor Pnnp and Nell Company, Incorporated, for drillin9 such shafts, In the total amount of $10.545.S0. andthat Sydnor Pump and Nell Company, Incorpo- rated, has offered to extend its contract to cover an additionnl $9.000.00 of work thereunder at the same unit prices, the City Manager recommending that Council accept the offer and provide for the exten sion of the said contract. Mr. Webber moved to concur in the recommendation of the City Manager offered the loll*ming Resolution: (~13664) A RESOLI~ION extending the contract of January 30. 1959, between Sydnor Pump and Nell Company, lac., and the City of Roanoke for drilling drainage molls in the Nilliamson Road area*of the City. (For full text of Resolution, see Resolution Book No. 23, Page R?3.) Mr. Nebber moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Dillard, Pickett, Webber, Young, and ~ e President, Mr. Wheeler ......................... NAYS: None ............................O. (Dr. Cornell obsent) STATE HIGHWAYS: The City Manager reported that the Virginia Department of Highways has advised that the Bureau of Public Roads of the United States Government has approved the extension of the spur from Interstate Route No. 81, at its southern terminus at Orange Avenue, N. E.0 to a point near Elm Avenue, S. E., as previously requested by the city. by Hr. Young and adopted. CITY JAIL~ Council at its meeting of March 23. 1959, having tabled until City Manager to consultmith the. Judge of, the Hustings Court in connection there- math to determine mhether or not he mill approve the city entering into such u contract, the City Manager reported that Judge Dirk A, Muyk has advised him that the question of entering into such a contract with the federal gorernoent is entirely a prerogative of the City Council and that he does lot desire to enter into a discussion on the matter or to infringe upon the rights of Council, hom~ er he has previously put the city on notice that some action must be taken to relieve the congestion and unsatisfactory conditions in the City Jail and to provide additional space for the Clerk of the Courts of the City of Roanoke and that neither of these situations has been relieved to date, therefore, he is nam placing the city on notice that it has until September 1, 1959. to take action to relieve these conditions. Mr, Anderson then offered the following Resolution authorizing the City Sergeant to enter into the contract with the federal government for the care of its prisoners at the rate of $1.50 per person per day: (n13665) A RESOLUTION authorizing Edgar L. Winstead, City Sergeant, for and on behalf Of the City of Roauobe, to execute a contract between the City of Roanoke, Virginia, and the United States of America, for the United States Depart* mens of Justice, Bureau of Prisons. for a period not to exceed three years begin- ning April 1, 195g, covering the safekeeping, care and subsistence of persons held nnder authority of any United States statutes including persons detained as aliens in the Roanoke City Jail, Boanohe. VJrginia. under terms and conditions contained in said contract, (For full text of Resolution, see Resolution Book No. 23, Page 275.) Mr. Anderson moved the adoption of the Resolution, The motion was seconde* by Mrs. Pichett and adopted by the following vote: AYES: Council members Anderson, Pickett, Webber. Young, and the President Mr, Wheeler ........................... 5, NAYS: Mr, Dillard ............ 1, . (Dr, Cornell absent) CONSIDERATION OF CLAIMS: NONE, IN'~RODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENTS-APPALACHIAN POlaR COMPANY-SCHOOLS: Ordinance No. 13657, authorizing and directing the proper city officials to execute and deliver a deed Of easement to the Appalachian Power Company for an electric power line over the Williams School site, in a different location from the present line, having previa been before Council for its first reading, read and laid over, Mas again before the body, Mr. Young offering the following for its second reading and final adoption: (z13657) AN ORDINANCE authorizing and directing the proper City Officials to execute and deliver n deed of easement to the Appalachian Power Company. (For full text of Ordinance, see Ordinance.Book No. 23, Page 272.) Mr. Young moved the adoption Of the Ordinance. The motion was Seconded by Mr, Anderson and adopted by the following vote: 421 422 AYES: Council members Anderson, DJllurd, Pickett, Webber, Young, nad the President, #Fo Wheeler ................ 6. NAYS: Nose ...................Oo (Dr. Cornell ubsent) STREETS AND ALLEYS: Ordinance No. 13658, granting permisnion ia Carl H. Kessler uRd Vi. In C. Kessler to mulntulu certain encroachments over the westerly line or the right o! uny of Adams Street, N. W., upon certuln terms and conditions having previously been before Council for las flrat rending, read and laid over. mas again before the body, NFs Pichett offering the following for its second reading and final adoption: (u13658) AN 0gDINANCE granting permission to Carl H. lessler and Viola C. Kessler to maintain certain encroachments over the westerly line of the right-of- way of Adams Street, N. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Boob No. 23, Page 272.) HFS. Pichett moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Dillard, Pichett, Webber, Yoang, and the President, Mr. Wheeler ......................... NAYS: None ............................O. (Dr. Cornell absent) DgIDBE$: Council at its meeting of larch 23, 195g, having directed the preparation of au Ordinance providing for the relocation of the proposed bridge over Tinker Creeh into Palmer Park, ir. Young offered the following emergency Ordinance: (c13665) AN ORDINANCE providing for the relocation of the proposed County-City line bridge over Tinker Creek into Palmer Park; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 275.) Mr. Voung moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Dillard, Pickett, Mebber, Young, and the President, Mr. Wheeler ......................... NAYS: None ............................O, (Dr, Cornell abseot) .STREET NA~£S: Council at its meeting of March R3, 1959, harlng directed the preparation of a Resolution providing for changing the names of certain streets and portions of streets to Liberty Road, N. E,, as recommended by the City Planning Commission, Hr. Anderson offered the following Resolution: (:13667) A RESOLUTXON changing the name of portions of Whiteside Street and lundy goad and all of Wilkes Road to Liberty Road, (For full text of Resolution, see Resolution Book No. 23, Page 277.) Mr. Anderson moved the adoption of the Resolution. The motion was seconded by Mr, Dillard and adopted by the following vote: AYES: Council members Anderson, Dillard. Plchett, Webber, Young, and the President, Mr. lheeler ..................... 60 NAYS: None ........................... O, (Dr, Cornell absent) RECREATION D£pARTRENY: Council at Its meeting of Rorch 23. 1959. having directed the prepcrction of u Resolution oath,razing the CitI Reneger to secure au erckftect to provide plans for the recreational center is the Wllllemson Road ar~a. Mrs. Pickett offered the following Resolution: (x13668) A RESOLUTION authorizing the City Manager to secure on architect to draw plans for the proposed recreational center in the Williamson (For full text of Resolution. see Resolution Book No. 22, Page 277.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by #r. Young and adopted by the following vote: AYES: Council members Anderson. Dillard. Pickett. Webber. Young. and the President. #r. Wheeler ..................... NAYS: None ............................O. (Dr. Cornell absent) CROSSOVERS: Council at its meeting of Warch 23, 1959. having directed the preparation of a Resolution authorizing the granting of a permit to Fralin and Flora to construct certain cross.revs into its property located on the south- west corner of Franklin Road and Roberts Road. S. W.. Hr. Anderson offered the following Resolution: (n13669) A RESOLUTION authorizing the Director of Public Works to issue a permit for the installation of two 40-foot sidewalk crossovers from Franklin Road and one 35-foot sidewalk crossover from Roberts Road into the property occupied by the Texas Company on the ~ uthwest corner of Franklin and Roberts Roads. S. #. (For full text of Resolution. see Resolution Book No. 23. Page 270.) Hr. Anderson moved the adoption of the Resolution. The motion was seconded by Rr, Young and adopted by the following vote: AYES: Council members Anderson, Dillard, Pickett, Webber, Young. and the President, Mr. Wheeler ..................... NAYS: None ............................O. (Dr. Cornell absent) WASTER pLAN-STORM DRAINS: Council at its meeting of Warch 23, 1959, having directed the preparatlon of a Resolution authorizing the City Wanager to employ Hayes, Seay, Rattern and Rattern to bring up to date its report of 1950 c,reran9 storm drainage requirements for the Williamson Road area. and such a Resolution being before the body. Mr. Webber raised the question as to whether or not the original report of Hayes, Seay. Rattern and Rattern and the revised report which would be presented under the proposed Resolution would cover the entire drainage area of the Wllliamson Road section. After some discussion of the matter. Mr. Dillard moved to refer the question to the City Manager and the City Attorney for their study and recommenda- tion, The motion was seconded by Hr. Webber and adopted. ZONING: Council at its meeting of March 23, 1959, having directed the preparation of an Ordinance to amend The Code of the City of Roanoke, 1956, with '- '423 :424 reference to the usage of property in ureas zoned for business, Mr, Anderson moved that the following Ordinance be placed upon its first reading: (z13670) AN ORDINANCE amending and reordeln~Section IT, relating to Use Regulations mlthie Dusleess Districts, of Article IVt Chapter 4, Title or the 1956 Code of the City of Roenohe, relating to Zoning. MHEREAS, n proposal mas mode to the Council at its meeting held on the 2ad day of Horcho 1959, that certain of the use regulations contained in pnregrn~ (20) of Section 17. Chapter 4, Title IV, of the 1956 Code of the City of Roanoke be amended as hereinafter provided, which skid proposal was thereupon referred by the Council to the City Planning Commission for study and recommendation to the Council; and MHEREAS, the City Planning Commission hzs. upon a study of the proposal, recommended to the Council that the aforesaid section, relating to use regulations within business districts, he amended and reordained es hereinafter provided; and MHCR£AS. n public hearing on the question of the proposed amendment of the aforesaid use regulations in business districts mas held before the Council at its meeting held on the 23rd day of March, 1959, at 2:00 o'clock, p, m., after fifteen days' notice of the time and place of such public hearing published in The Roanoke Morld-Nems, a newspaper of general circulation in the City, as required by Section 43, Chapter 4, Title XV, of the aforesaid city code, at which public hearing all parties in interest and citizens were afforded an opportunity to be heard in relation thereto; and RHEREAS, this Council, after considering the proposal, is of opinion that the use regulations in business districts as heretofore contained in Section 17 of the aforesaid chapter and title Of said code should be amended and changed and that said section should be reordained as hereinafter provided. THEREFORE, BE IT ORDAI~D by the Council of the City of Roanoke that Section 17, relating to use Regulations in Business Districts. of Article IV. Chapter 4. Title IV, of the 1956 Code of the City of Roanoke. relating to Zoning, be, and said section is hereby amended, changed and reordained to read and provide as follows: Sec. 17. Use regulations, In a business district all buildings and premises may be used fvr any purpose except the following: (1) Bottling works, (2) Building material storage yard. (3) Carting, express, hauling or storage yard, (4) Contractor*s plant OF storage yard, (5) Cooperage works, (6) Dyeing and cleaning works (employing in the trade on the premises morethan fire persons), (7) Fish packing, smoking and curing. (8) Fuel distributing plants and fuel storage yards, wholesale. (9) Ice plant or ice storage house, wholesale. (10)Laundry (employing more than five persons). (11)Livery stable, livestock barn or corral. (12)Lubberyard. (13)Machine shop (employing more than five persons). (14)Milk distributing station, wholesale or creamery. (15)Paint mixing, wholesale. (16)Planing Mill. (17) Poultry killing, dressing or live storage, except for retail sale on premises. (18) Stone yard. 4-2'5 (19) Ali manufacturing or industrial uses excluded fram the light industrial district, (20) Any manufacturing other than light manufacturing lamfully conducted mholly within any building, provided such light manufacturing is in no way a nuisance or hazardous to the district, The motion mas seconded by Mr, Young and adopted by the following vote: AYES: Council members Anderson, Olllard~ Pickett, Mebber, Young, and the President, Hr. Mheeler ........... MAYS: None--~ .........................On (Dr, Cornell absent) MOTIONS AND MISCELLANEOUS BUSINESS: PENSIONS-FIRE DEPARTMENT: The City Clerk reported the qualification of Mr. Eugene M. Meador as n member of the Police and Fire Pension Board, effective March 16, The report was ordered filed. There being no further business, Council adjourned. APPROVED President 42'6 COUNCIL, REGULAR MEET lNG, Monday, April 6, 1959. The Council of the City of Roanohe met in regular meeting in the Council Chamber in the Municipal Building, Monday. April 6, 1959o at 2:00 o'clock, p. the regular meeting hour~ with the President, Wr. Wheeler, presiding. PRESENT: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler .............. 7. AHSE~F: None ..............................O. OFFICERS PRESENT: Hr. Arthur S. Owens. City Manager. Mr. Randolph G. Whittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Hugh Eo Nichols, Pastor, Tazewell Avenue Methodist Church. .MINUTES: Copy of the minutes of the regular meeting held on Monday, March 30, 1959, having been furnished each member of Council, upon motion Of Mrs. Pickett seconded by Dr. Cornell and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: JUNIOR CHAMBER OF COMMERCE-PARKS AND PLAYGROUNDS: The City Clerk presented a communication from the Mill Mountain Development Committee of the Roanoke Janior Chamber of Commerce, Incorporated. requesting that the contract between the City of Roanoke and the Junior Chamber of Commerce, concerning the operation of the miniature train in the Children's Zoo on Mill Mountain, be amended to provide for the retention of one hundred per cent of the n~t proceeds by the Junior Chamber of Commerce and to grant permission to the said Junior Chamber of Commerce to install a merry-go-round for children at the ann for immediate operationthis year, with additional permission to construct in the future a children's boat ride. a miniature nato ride and a children's roller coaster in the ann area. using eighty per cent Of the net revenue from the operation Of the miniature train for the capital cost of the new rides and retaining twenty per cent thereof for the use of the Junior Chamber of Commerce, the amended contract to run for a period of ten years with provisions for cancellation at the end of seven years amd each year thereafter, it also being requested that the Mayor appoint a committee to mork with the Mill Mountain Development committee as to the details of the proposal. Council concurring, Mayor Wheeler appointed a committee composed of Messrs. Arthur S. Owens, Chairman, Roy L. Rebber and Robert P. Hunter to work with the Mill Mountain Development Committee of the Junior Chamber of Commerce and submit its recommendatio~ on the proposal. BUILDING CODE: The City Clerk presented a communication from Mr. J. M. Turner and Company, Incorporated, advising that it is contractor for the construc- tion of a freight terminal and office building for Hennis Motor Lines on Salem Turnpike, N, W** mbich mill bare approximately 10,000 square feet with masonry walls, concrete floors and · roof constructed or bar ]olsts with n metal roof decko nil noncombustible construction, the building to be constructed fa Ibc center of the lot. with ample area end concrete drivemsys around It, and that the Building Commissioner bas advised that under Section 402 or the Dulldicg Code It alii be necessary to fireproof the steel in the building since it is not located on · corner lot so that two of its sides front on a street or public may twenty-one feet or more ia width, the company stating that open space around the building available for fire fighting equipment is approximately fifty rent oe all sides and requesting that the provisions of Section 402 of the Building Code, requiring fireproofing of the steel, be waived in the construction of this boildhg. Nra Webber moved to direct the City Attorney to prepare a Resolution granting the request of the companF. The motion uss seconded by Mr. Dillard and adopted. REPORTS OF OFFICERS: WATER DEPARTME~F: The City Manager reported that the Purchasing Agent has received bids for the construction of a pier at Carvins Cove and submitted a tabulation of such bids, showing the bid of Standard Steel Products Manufacturing Company, Incorporated, Paramus. New Jersey. for stationary pier end steps in the amount of $2,50g.00, and a floating pier In the amount of $4,407.30, as low, the City Manager recommending that the low bid be accepted. Dr. Cornell then offered the followin9 emergency Ordinance providing for (~13672) AN ORDINANCE to amend and reordain Section ~144, 'Departmental Equipment and Improvements,u of the 1959 Appropriation Ordinance. and providing (For roll text of Ordinance, see Ordinance Book No. 23, Page AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Ycong, NAYS: None ............................O. 4:~'7 428 RECREATION DSPARTMENT: The City Manager reported that be has studied the .question of constructing n Community center in Thrasher Park, which was referred to him by Council at its meeting of March 16, 19590 nnd that in order to construct such n facility it will be necessary to coestrnct n sanitary sewer line nt u cost of approximately $5,475,00, with un additional cost or approximately $525,00 for easements rot said sewer, the approximate cost of the building being $40,000,00, the City Manager pointing out that there are no funds available in the 1959 budget for this project and recommending that Council defer any consideration until he snbuJts his 1960 budget estimates, Mr, .Young moved to concur in the report of the City Manager and to table the request of the petitioners for consideration along with the 1960 budget. The motion mas seconded by Mrs, Pickett and adopted, APPOINTMENTS-POLICR DEPARTMENT: The City Manager reported the eaploywent of Jerry Donald Rice and Patrick Bycow McGarrell us police officers, effective April The report wes ordered filed. PCRCHASE OF pROPERTY-STREETS AND ALLEYS: The City Manager reported that he has consulted with the owners of the various properties required for the extension and widening of Mhiteside Street, N. E** from Fleming Avenue to the city school properly on Hollies Road, and that Mr. George Kissak has agreed to convey to the city sufficient land across the front of the properties owned by his firms in exchange for the construction of curb and gutter when the street is widened, ~he City Manager advising that Mr. Leo F. Henebry has also agreed to convey to the city a 20-foot strip of land across the front of his property on Hollies Road, N. E., between Preston Avenue and the city school property, in exchange for curb and gutter in front thereof when the street is widened, plus an additional 101.52 !eat of curb and gutter to be constructed on the front and side of a tract of land owned by him at Albemarle Avenue and First Street, S. E., Official Tax No. 403020~ the City Manager stating that he has been unable to reach an agreement with Mr. 6. L. Franklin, owner of property at the corner of MhJtestde Street and Fleming Avenue, which has an appraised value of $616o00, or Mr. Co F. Kefouver, owner of property at the intersection of Nhiteside Street and Preston Avenue. which has an appraised value of ~I,SUO.UU. the ~ity Manager recsmmending that he be authorized to make bona fide offers to Messrs. Franklin and Kefouver at the appraised values, with o view of resorting to condemnation if necessary, advising that in his opinion the offer of Mr. £tssak should be accepted, but that the offer Of Mr. Henebry should be renegotiated since he considers the construction of curb and gutter along the front of his property on Mhiteslde Street sufficient without the additional curb and gutter requested at Albemarle Avenue and First Street, S. E., the City Manager further advising that it is estluated that $35,000.00 will be required for the improvements proposed and recommending that he be authorized to advertise for bids for the project.. Mr. Mebher moved to direct the City Manager to further negotiate with Mr. Leo F. Hecebry, advising that Council does not favorably consider the construction of curb and gutter around his property et Albemarle Avenue and First Street, S. E. and to direct the City Attorney tn prepare an Ordinance directing the City Manager to mike · ban· ride offer to Mr, G, L, rrm·kiln for the property required from In the emoett of $616,00 end to Mr. C. F, Kef·myer for the property required from klm Il 'the amount of $1,~00,00, The motion wes seconded by Mrs, Pickett and adopted, Mr, Young then moved to direct the City Manager to furnish an estimate of the cost mhJch mould be required faf the completion of the widening of Mhlteslde Street, N, E., and the necessary improvements thereto, from Orange Avenue northnal to the city limits. The motion was seconded by Mr. Dillard'and adopted, AIRPORT: The City Manager reported that the Federal Aviation Agency has agreed to the Inclusion in Project 9-44-012-06 at the Roanoke Municipal Airport the cost of relocating lines of the Appalachian Power Company and the Chesapeake and Potomac Telephone Company in connection with the relocation of Virginia State Route 116 In the amounts of $1,940.00 and $60425.64, respectively, and requested that he be authorized to enter into agreements with the tm* companies under mblch they would relocate their emu lines and be reimbursed by the city. Mr. Nehber moved to concur in the recommendation of the City Manager and offered the following Resolution. (x13573) A RESOLUTION providi~ for the relocation of certain electric transmission and telephone and telegraph lines in connection with the extension of the City's northeast*southwest runway et Mo*drum Field. (For full text of Resolution, see Resolution Book No. 23. Page Mr. Mebber moved the adoption of the Resolution. The motion was seconded by Mr. Yonng and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pictett, Mebber, Young, and the President, Mr. Mheeler .................7. NAYS: None ............................O. The City Manager further reported that the contract heretofore entered into with Garrett, Moon and Pool. Incorporated, for apron paving and drainage at the Roanoke Municipal Airport under Project 9-44-012-0B in the amount of $$4.094.~D has been exceeded by reason of the addition of certain storm drain work and an overrnn in the estimate of quantities for grading end paving and should be extended to include this additional work tn the amount of $7,473.53, the City Manager recommending that Council authorize such an extension. Mr. Anderson moved to concur in the recommendation of the City Manager and offered the following Resolution: (x13674) A RESOLUTION further extending the contract of June 16, 1956. between ~arrett,' Moon and Pool, Incorporated, end the City of Roanoke for the paving of apron at the Roanoke Municipal Airport (No*drum Field). (For full text of Resolution, see Resolution Book No. 23, Page 282.) Mr. Anderson moved the adoption of the Nesolution. The motion was seconded by Dr. Cornell end adopted by the foil*ming vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Nebber, Young, and the President, Mr. Nheeler ................. NAYS: None ............................O, 429 :430 The, City Manager then advised that in order to provide fr the payment of the foregoing items end to reiBburse the ~lrginia Department of Highways for inspection and testing in connection with the relocation of Route 118 la the amount of $1.HB4,74 an appropriation in the amount of $19,723,91 will be necessary. the City Manager recommending that the appropriation be made, advising that this will bring the total cost of the project to $141,678.47, the original airport JroJect having been set at a total of $1500000000, the City Manager further stating that the difference in the two Items will be used for engineering nnd other expenses properly chargeable to the project, Mr. Young uoved to concur in the recommendation of the City Manager and offered the following emergency Ordlnace: (s13675) AN ORHINANCE to amend and reoFdain Section ~142, mTransfeF to Improvement Fund,' of the 19§9 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 23, Page 283.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Mheeler ................. 7. NAYS: None ............................O. AIRPORT: Yhe City Manager reported that the Federal Aviation Agency has tendered to the City a grant agreement covering Federal Airport Project 9-44-012-$9 for the extension of Runmay §-23 and related work at.the Roanoke Municipal Airport in the total amount of $1S0,000o00, fifty per cent of which will be borne by the United States Government, and recommended that Council authorize the execution of the grant agreement, Mr. Anderson moved to concur Jn the recommendation of the City Manager and offered the following Resolution: (n13676) A RESOLUTION ratifying and adopting the City's Pro~ect Applicatiol of March 3, 1959; accepting the Grant Offer issued thereon; authorizing the City Manager to execute said Grant Agreement as evidence of the City's acceptance thereo: authorizing the City Clerk to attest such execution and to affix the City's seal thereto; and authorizing ~e City Attorney to execute the requisite certificates. (For full text of of Resolution, see Resolution Book No, 23, Page 284.) Mr. Anderson moved the adoption of the Hesolution. The motion was seconded by Mrs, Pickett and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young. and the President, Mr. Mheeler ................ ?. NAYS: ~one ..........................Oo REPORTS OF COMMIYTEES: NONE. UNFINISHED BBSI~SS: 5~REETS AND ALLEYS-CURH AND GUTTER-MATER DEPARTMENT: Council at 1ts meeting of March 23, lgSg, having referred to the City Planning Commission for study and recommendation a recommendation of the City Manager that the city accept from Houck and Company, Incorporated, a parcel of land containing approximately 431 360 squire feet located on the northmest corner of its property at the intersection of Crystal Spring Avenne, S, M,, and in unnamed street, south of Riley Drive, for street widening purposes, iud that, in addition, the said portion of Crystal Spring Avenue and the unnamed street extending from Crystal Spring Avenue to Nlley Drive be widened twenty feet by using the property to be conveyed by Houck and Company, Incorporated, and twenty feet from the west side of property owned by the City Mater Oeparteent, the City Planning Commission. submitted its report, recommending that the proposal of the City Manager be concurred in andthat the unnamed street in question be designated as Crystal Spring Avenue. S, M,, from its intersection with Crystal Spring Avenue northward to Riley Drive. Mr, Nebber moved to concur in the recommendation of the City Planning Commission and to direct the City Attorney to prepare the necessary Resolutions and Ordinances accomplishing said recommendation. The motion was seconded by Hr, Young and adopted. CONSIDERATION OF CLAIRS: NO~E. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No, 13670, amending and reordalnin9 Section 17, Article 1¥, Chapter 4, Title XV, of The Code of the City of Roanoke. 1956, relating to uses prohibited in a Business District, so as to permit light manufacturing con- ducted wholly within any building, provided suchllght manufacturing is in no way a nuisance or hazardous to the district, having previously been before Council for its first reading, read and laid over, was again before the body. Dr. Corn*Il offering the following for its second reading and final adoption: (zI367O) AN ORDINANCE amending and reordaining Section 17, relating to Use Regulations within Business Districts, of Article IV, Chapter 4. Title of the 1956 Code of the City of Roanoke, relating to Zoning.' {For full text of Ordinance, see Ordinance Hook No. 23, Page 27~,} Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Rabbet, Young. and the President, Mr. #heeler ................. 7. NAYS: None ............................O. MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS-CURB AND GUTTER: Mr. V. H. Garnando representing the Garden City Civic League, appeared before Council and stated that his organization has been advised that there is a possibility of losing the appropriation in the amount of $18,000.00, contained in the 1959 budget, for the widening of Garden City Boulevard, S. Eo, Mr. Garnand advising that he is now working with property omners on Garden City Boulevard mbo have not agreed to donate to the city snfficiet land for the widening thereof and hopes that he will, in the near fntnre, secure the required donations, except for properties where it will be necessary to alter or remove buildings, Mr. Garnand was advised by the Mayor to handle the matter with the City Manager since it is now in administrative channels. .432 YOOTM COMMISSION: The City Clerk reported that the terms e! Mm, A, B, Camper, Dr, D, E, McOuJlkln. and Mrs, Mary C, Pickett es members of the Youth Commission will expire April 30, 1959o the terms being for two years each, Mr, Young placed ~n nomination the names of Mrs, A, B, Camper, Or, Do E, MnQullkJn end Mrs, Mary C, Pickett es members of the Youth Commission for terms or two years each beginning May 1, 195g, Mr, Mehber moved to close the nominations, The motlon was seconded by Dr, Cornell and adopted, Mrs, A, 0, Campber, Br, Do Eo McQullkin and Mrs, Mary C, Plctett were reelected as members of the Youth Commission for terms of two years each beginning May l, 1959, by the following vote: AYES: Council members Anderson, Cornell.. Dillard° Yebbero Young, and the President. Hr. Nheeler ................ 6. NAYS: None ...................O. {Mrs. Pickett not voting} CITY AUDITOR: Mr. Anderson stated that he. as well as other members of Council and certain city officials, was extended an invitation by the International Business #achines Corporation to visit its showroom Jn the city for the purpose of receiving a briefing on the use of punch card data processing equipment as it applies to municipal governnents and that he wan favorably iupressed by the asking that Jt be allowed to make a survey of certain areas of the city government in uhich it believes the equipment can be used to an economical advantage, at the conclusion of which a written report and recommendations will be submitted to the city, the corporation requesting that someone in the city government be designated to coordinate the survey, advising that there will be no obligation, financial or Mr, Anderson then moved to accept the proposal of the International Busines: Machines Corporation and to appoint the City Manager and the City Auditor as a committee with directions to cause the surrey to be made, with the distinct under- standing that there will be no obligation on the part of the clty, and, thereafter, to submit the survey report along with their recommendations to Council, The motioi was seconded by Mr. Webber and adopted. There being no further business, Council adjourned, APPROVED president COUNCIL, REGULAR MEETING, Monday, April 13, 1959, The Council of the City of Roanoke met in regolar meeting In the Council Chamber' in the Municipal Building, Monday,' April 13, 1959, at 2:00 **clock, p, m,, the regular meeting hour, with the President, Mr, Wheeler. presiding, PRESENT: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young, end the President. Mr, Mheoler ............ AUSEA~:~ None ................... ~ ......... O, OFFICERS PRESEh~r:' Mr, Arthur So Owens, City Manager, Mr. Randolph G, Hbfttle, City Attorney, Mr. Harry R, Yarns, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend J. Pringle, Pastor, Westminster Presbyterian Chorch. MINUTES: Copy of the minutes of the regular meeting held on Monday, April 6, 1959, having been furnished each member of Council, upon motion of Mrs. Pichett seconded by Dr. Cornell and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC HATTERS: NONE. PETITIONS AND COMMUNICATIONS: SCHOOLS-HATER DEPARTMENT-SEHERS: The City Clerk presented a communication from the Roanoke City School Uoard, advising that marking drawings are being prepared for the new William Fleming High School on the Stewart Site located north of Uershberger Road and east of Cove Road, in Roanoke County, and requesting that mater and sewage facilities be ma'de available to the site for the new school. Mr. Webber moved to refer the matter to the City Manager for study, recommendation and estimate of cost. The motion was seconded by Mr. Young and adopted. STREETS AND ALLEYS: The City Clerk presented a petition from Mr. Charles L Pltzer, et al., requesting that a public alley lying in a north-south direction between First Street and Second Street. S. W., and between FranRlin Road and Day Avenue, be vacated, discontinued and closed where it extends through their properties, and asking that viewers be appointed to view the said alley and to report thereon in accordance with law. Mr. Young offered the following Resolution providing for the appointment of the viewers and referring the matter to the City Planning Co~mission for study and recommendation. (~13677) A RESOLUTION providing for the appointmeot of five freeholders, any three of whom may act, as viewers in connection with the petition of Charles L Pltzer, et al** to permanently vacate, discontinue and close a certain portion of a public alley in the City of Roanoke, Virginia, running in a north-south direc- tion between First and Second 5treats. S. M., which alley lies betmeen Franklin Road and Day Avenue, S. H** and for the referral of the matter to the City Plannln Commission. 43'3 (For full text of Resolution. see Resolution Hook No. 23. Page 2ST.) #r. Young moved the adoption of the Resolution. The motion was seconded by Rr. Anderson and adopted by the following vote: AYES: Council members Anderson° Cornell. Dillardo Pickett. Nebber. Young. and the President. Hr. Rheeler ................ NAYS: None ............................O. ZONING: The City Clerk presented n petition from Mr. L. W. Rochester. et al.. requesting that their properties, containing 12og35 acres, located on the southwest corner of Dale Avenue and Vernon Street. S. E.. be rem,ned from General Residence District to Light Industrial District. ~rs. ?ickett moved to refer the request t~ the City Pianninu Cenmissien for study and recommendation. The notion was seconded bi Mr. Young and adopted. STREETS AND ALLEYS: The City Clerk presented a petition from Spring Valley Development Corporation. et al** requesting that a portion of Rontvale Road. S. in the Beverly Rills Subdivision. be vacated, discontinued and closed, the petitioners advising that it is the intent of the Spring Valley Development Corporation to relocate that portion of Montvale Road Jn the subdivision of the property, Mr. T, L, Plankett, Jr., Attorney for the petitioners, appeared nod asked Council if it would set a public hearing in the matter at the earliest practicable dote. Mr. Nebber moved to refer the request for street closing to the City Planning Commission for study and recommendation and to set a public hearing in the matter for 2:00 oeclock, p. m** May 110 1959, in the Council Chamber, the Attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Young and adopted, Mr. Dillard voting no. REPORTS OF OFFICERS: ANNEXATION: The City Manager reported that Mr. Rarland Bartholomew of Rarland Bartholomew and Associates will be in Roanoke on April 30, 1959, to discuss matters in connectioo with the survey his firm is conducting concerning possible annexation and would like to consult with an economist for the city at that time, the City Manager recommending that Council authorize him to secure the services of Hr. Thomas H. Reed, Methersffeld, Connecticut, and hare him pr.sen! on April ~0, lgSq, to discuss the matter with Mr. Bartholomew and city officials. Mr. Young moved to direct the City Manager to determine whether or not a qualified economist is available in Virginia for this purpose and to report thereon The motion was seconded by Dr. Corn. Il and adopted, Mr. Dillard voting no. PURCHASE OF PROPERTY: The City Manager reported that he has studied the question of accepting the offer of Temple Emanuel to convey to the City of Roanoke its property located on McClanahan Street, S. M., and has been advised by both the Department of Parks and Recreatiou and the Roanoke Public Library that each of these departments is interested in the property for use by their respective :1 departments, the Cl~y Manager advising, however, that ia his opinion there are other sections of the city more in need of such facilities, and for that reason,. along with the fact that no fends are available in the 1959 budget for the perchas of the property, he canuot recommend acceptance or the offer, Ur, Ye*ag moved to concur in the report of the City Manager and to decline the offer of Temple £aaaeel, The motion was seconded by Mr, Anderson and adopted. STREETS AND ALLEYS-CURB AND GUTTER: The City Manager reported that he has received deeds from G, R, Ludwlck and wife, J. O. Plnahett and wife, end HeRon. Jr., and wife, conveying certain strips of land along the groat og their properties located on the west side of Garden City Doulevard, S, E., for, stree~ widening purposes, and recommended the acceptance of the said deeds, the City Manager painting out that this will 9ire the city necessary land for the widening of Garden City Boulevard, $. £., on the west side. from Ray Road south to the southerly line of Lot 8, Revised Rap of Lots 9 and 10, Garden City Farms, and that this project can be accomplished oat of funds available in the 1959 budget, but that the widening on the east side of Garden City Boulevard cannot be accomplished until further land acquisition. Mr. Webber moved to refer the matter to the City Attorney for preparation of the necessary papers. The motion Was seconded by Dr. Cornell and adopted. MASTER PLAN-STORM DRAINS: The City Manager reported that he has further consulted with Hayes, Seay, Mattern and Mattern mith reference to bringing ap to date the report prepared by Mattern and Mattern In 1950 amd expanding each report to corer the entire Milliamson Road area and that Hayes, Seay, Mattern and Mattern has agreed to bring the original report up to date and expand it to cover the entire section of the Milliamson Road area for a price of $15,250.00. the City Manager advising that in his opinion this will give a complete survey of storm drain requirements in the Milliam$on Road area. covering all phases, including current cost estimates of construction, together with conclusions and recommenda- tions. Mr. Dillard offered the following Resolution accepting the offer of Hayes. Seay, Rattern and Mattern. Architects and Engineers, in the amount of (n13570) A RESOLUTION authorizing the City Manager to employ Haye s, 5eay. Mattern and Mattern to bring up to date and to sapplement the Milltamson Road storm drainage report prepared by Mattern and Matt*m, Engineer~, in 1950. (For full text of Resolution, see Resolution Boor No. 23. Page 289,) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Dr. Coraell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Yheeler ................ 7. NAYS: None ............................ Mr. Webber then offered the following e~ergency Ordinance appropriating lands to Cover the cost of the sarvey; (~13679) AN ORDINANCE to amend and reordain Section ~141, "$emer and Drain Construction," of the 1959 Appropriation Ordinance, and providing for .an emergency. '435 436 (For full teuk of Ordinance, see Ordinance Book No, 23. Page 269,) Mtn Webber moved the adoption o! the Ordinance, The motion mus seconded bi Dr, Coraell and adopted bi the folloming vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, Toung. and the President. Mr. Wheeler ................ NAYS: None ............................O, TUBERCULOSIS SANATORIUM: The City Manager reported that Murray Orchards which has previously leased certain property at the Coiner Springs Sanatorium site rot grazing purposes under the provisions of Ordinance No. 12734, adopted oh Ray 14, 1956, at n rental of $510.00 for the period from June 15, 1956, to December 31, 1958, inadvertently failed to renew its lease under th* ~rovisiens of the said Ordinance until after the time limit prescribed therein and has requested that Council grant an extension of the original lease until December 31, 1961, in which request the city Manager concurred. Mr. Anderson moved to direct the City Attorney to prepare a Resolution providing for the extension of said lease, The motion was secsnded bi MFS. Pickett and adopted, ARMORY: The City Manager submitted a tabulation of bids received bythe Purchasing Agent on April 7, 1959, for furnishing and installing an afr-coodftionln system in the National Guard Armory, showing the bid of Johnston-Vest Electric Corporation, in the amount of $22,440.00, as lom, and recommended the acceptance of the low bid and on appropriation of $1,944,12, which viii be required for the said contract over the funds now contained in the Armory Improvement Account. Mr. Young mored to concur iu the recommendation of the City Manager and offered the following Resolntion: (~13690) A RESOLtrFION accepting the proposal of Johnston-Vest Electric Corporation for furnishing and installing air conditioning system complet; in the National Guard Armory Building; authorizing the proper City Officials to execute the requisite contract; and rejecting all other bids, (For full text of Resolution. see Resolution Book No. 23, Page 290°) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ......................... 7. NAYS: None .....................................O, Mr, Young then offered the following emergency Ordinance appropriating the (~13~91) AN ORDINANCE to amend and'reordatn Section n142, 'Transfer to Improvement Fund,# of the 1959 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No, 23, Page Mr. Young moved the adoption of the Ordinance, The motion nas seconded by Mr. Anderson and adopted by the following vote: 437 AYES: Council members Anderson, Coruell, Dillard, Pickett, Mebber, Young, and the President, #r. Mheeler~ ..... ~ ......... ?. NAYS: None ................~ ........... Oo PDRCRASE OF PROPERTY-STREETS AND ALLEYS: The City Manager presented a tabulation at bids received by the Purchasing Agent on April 70 1959, for cos- strnction of bituminous pavement, concrete curb and gutter, and other appurtenant work in connection with improvements on Dleubeim Road Extension, S. W., from Brandon Avenue to Dluir Road, showing the bid of Adams Construction Coupanl, the amount of $32,070o90, as low, and recommended the acceptance of the Iow.bid, the City Manager advising that three snail pieces of property adjacent to ~randon Avenue need to be acquired if the entire project is to be completed. Dr, Covne!l moved to refer the nntter back to the City Manager for a restudy of the project with a view of reducing the amount of improvements contemplated and submission of his report at the next regular neetin9 of Coonoil, The motion was seconded.by Mrs, Pickett and odcpted, STADIUM-CELEBRATIONS-CITY GOVERNMENT: The City Manager presented a tobulatJ of bids received by the Porchasing Agent on April ?. 1959. for installing a power system under the east stand at Victory Stadium, showing the bid of Varney Electric Company, in the amount of $11,530.00, as low. and recommended the acceptance of the low bid and the awarding of a contract therefor. Mr. Young moved to concur in the recommendation of the City Manager and offered the following Resolution: (#136821 A RESOLUTIO~ accepting the proposal of Varney Electric Company for the installation of power system under the east stands and additional receptacles under the west stands at Victory Stadium; authorizing the proper City Officials tc execute the requisite contract; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 23, Page 291.) Mr, Young moved the adoption of the Resolution. Tho motion was seconded by Mr, Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, Young, and the President, Mr. Mheeler--~ ...................... NAYS: None .....................................Oo The City Manager then presented a tabulation of bids received by the Purchasing Agent on April 7, 1959, for furnishing and installing a heating and ventilating system under the west stand at Victory Stadium, showing the bid of H. Aa Gross, Incorporated, in the amount of $8,980o00, as low, end recommended the acceptance of tbs lam bid and the awarding of a contract therefor, the City Manager advising that If Council awards the contract it will be necessary to appropriate an additional $5,789.65 to supplement the appropriation of $55,000.00 contained in the 195~ budget for improvements to Victory Stadium. Mr° Young moved to direct the City Attorney to prepare a ;esolutiofl rejecting all bids received for the beating and ventilating system at Victory Stadium. Yhe motion mas seconded by Dr. Cornell and adopted. .438 ,PARKS AND PLAYGROUNDS: The City Msanger presented a tubule,ion of bids received by the Purchasing Agent on April ?, 1959, for the construction of c,acre, pavement on two tennis courts at Preston Perk, showing the bid of Days Construc- tion Company, Incorporated, ia the amount of $5,400,00, as l.m. aid recommended the a¢ceptaace of,the low bid and the awarding of a c,strict therefor, Mr. Anderson moved to concur in the recommendation of the City Manager end offered the following Res.inkS,n: (#13663) A RESOLUFIDN accepting the proposal of Days Construction Company, lac,. for the c,as,ruction of two tennis courts,at Preston Park; autboriziag the proper City Dfficials to execute the requisite contract; and rejecting ail other bids. (For full text of Resolution, see Resolution Book N~. 23, Page 292.) Mr. Anderson moved the adoption of the Resolution. The motion was seconded by DF. Coraell and adopted by the following vote: AYES: Council members Anderson, Corn*Il. Dillard, Pickett, Webber, Young. and the President. NFo Mheeler ................ NAYS: None ............................O. MATER DEPARTMENT: The City Manager reported that the Chapel Forest Mater Pumping Station, heretofore authorized by Council. has been properly constructed by the subdividers in accordance with the city's plans and specifications and is now in satisfactory operation and that the subdividers are ready to make the transfer of the property to the city. the City Manager recommend~ g the acceptance thereof. Mr. Young moved to concar in the recommendation of the City Manager and offered the following emergency Ordinance: (~13664) AN ORDINANCE accepting the conveyance of the Chapel Forest Pumping station;,and providing for an emergency. (For full text of Ordinance, nee Ordinance Book No. 23, Page 293.) Mr. Youn9 moved the iadoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted' by the following vote: AYES: Council members Anderson, Corn*Il, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ......................... NAYS: None .....................................O. STREET LIGHZS: The City Manager submitted a report, recommending the installation of a series of street lights at various locations within the city. Mr. Webber moved to concur,in the recommendation of the City Manager and offered the following Resolution authorizing the installation of street lights on Cry~tal Spring Avenue, S. M., and in South Roanoke Park: (a13685) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution, see Resolution Dook No. 23, Page 293.) Mr. #ebber moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following voter AYES: Council weubers Anderson, Coraell, Dillard, Pickett, Mebber, Young° cad the President, Mr. Wheeler ................ NAYS: None ............................O. Mr. Webber then offered the Following Resolution authorizing the lnstnllat of street lights on the Cnmmunity Center Driveway in the vicinity of the Villa Heights Coumuaity Center: (~13686) A RESOLDTION authorizing the installation of four 2500 lumen overhead incandescent street lights on the Cousunity Center Driveway in the vicinity of the Villa Reights Community Center, (For full tent of Resolution, see Resolution Honk No. 23. Page Rro Webber moved the adoption of the Resolution, The motion was seconded by Mr. Dillard and adopted by the F,Il*wing vote: AYES: Couucil members Anderson, C,mall, Dillard, Pickett, Robber. Young. and the President, Mr. Wheeler ................ ?. NAYS: None ............................O, Rro Webber then offered the following Resolution authorizing the installa- tion of street lights on Liberty Road, N, E.. from Patrick Henry Avenue to Hollins Road: (=13687) A RESOLUTION authorizing the installation of eleven 2500 lumen overhead incandescent street lights and the replacement of a certain existing street light on Liberty Road, N. E°, From Patrick Henry Avenue to Dollins Road. (For full text of Resolution, see ResolutJonOook No° 23, Page Mr° Robber moved the adoption of the Resolution, The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Rabbet. Young. and the President, Mr. Mheeler ................ 7. NAYS: None ............................O. EASEMENTS-STORM DRAINS: The City Manager reported that Mr. A. W. Lynch has offered to convey to the city a storm drain easement across his property, being 10 feet wide and ?7?.4 feet from the east side of Florist Road, N. W** to Carvins Creek, for $175.00. the City Manager advising that the construction of a storm drain through ~is easement Mould relieve a portion of the Wtlliamson Road area drainage problem and recommending the acceptance of the offer° Mr. Dillard moved to direct the City Attorney to prepare an Ordinance providing [or the acquisition of the easement as recommended by the City Manager° The motion was seconded by Mr. Young and adopted. REPORTS; The City Manager submitted a report of the Department of Public Welfare for the month of February. lgSg, and reported other departmental reports on file in his office. The report was ordered filed. REPORTS OF COMMITTEES: '~439 EASEYEI~SoSTREL~S AND ALLEYS: Council ct its meeting oF March 2, 1959, having referred to e committee cowposed of Messrs, Arthur S, Owens, Chairman, Melter L, Young and Willis M, Anderson n cowwunlcntion from Mtn Mhitwell ~. Coxe, Attorney for Mr, S, #, Huntero advising that his client has instituted & suit in the Hustings Ceert of the City of Roanoke for the purpose of declaring non*existen certain alleged easements across the property of his client for street and alley purposes in tho vicinity of Sixteenth Street and Cleveland Avenue, S, M,, and requesting that Council appoint a committee to determine whether the city bas any interest in the said easements and to advise the City Attorney of its decision for his guidance 'in the matter, the committee snbmitted its report, advising that it has carefully surveyed the area and the streets and alleys therein and is of the opinion that the city has no interest in the dead-end portion of Sixteenth Street. S. M,, between the south 'side of Cleveland Avenae and the Virginian Railway, nor the western portion of a In-foot alley south of and parallel with Cleveland Avenue. the easements in question in the suit, and that to the best of its hnowledge and belief the city has no potential interest therein in the future, the City Attorney having been so advised by' the committee. Mr. Nebber moved to direct the City Attorney to prepare the proper Hesolution instructing the City Attorney for his guidance in the matter in accordance with.the report of the committee. The motion was seconded by Mr. Dillard and adopted. TRAFFIC: Council at its meeting of December H. 1959, bavin9 referred to a committee composed of Messrs. Arthur S. Owens, Chairman, Harry R. YaWns and Heverly To Fitzpatrick for study and recommendation a request of the Liberty Sales Corporation that it be permitted to install Traf-O-Teria fine boxes in the* city on a 90-day or 6-month trial basis, the company to furnish all necessary tickets and boxes for the trial basis free of cost to the city, the committee submitted its report, advising that it has made a careful study of the question and that while the Traf-O-Teria fine boxes are generally in use in smaller cities it could only find a few instances where they are used in cities the size of Roanoke, the committee stating that in its opinion the present system is w~rking satisfactorily, providing for citizens paying their traffic fines by mail rather than having to come to the Municipal Hullding, and recommending that there be no change in the present system at this time. Dr. Cornell moved to direct the City Attorney to prepare a Resolution providing for a six months' trial of Traf-O-Teria fine boxes in the city on the basis of the offer of the Liberty Sales Corporation. The motion was seconded by Mr, Dillard and lost by the following 'vote: AYES: Council members Cornell, Dillard and Pickett ..................... 3. NAYS: Council members Anderson, Webber, Young, and the President, Mr. Mheeler ........................................................................ 4. Mr. Webber then moved to concur ia the report of the committee, The motion pas seconded by Mr, Young and adopted by the following rote: AY£S: Council members Anderson, Pichett, Webber. Young, nnd the President, Mr, Wheeler ........................................... 5, NAYS: Council members Cornell and Dillard .....2. CITY JAIL: Council at its meeting of December 31. 1956, having directed a committee composed of Messrs, Walter L, Young. Chairman, Arthur S, Owens and B, Cletus Broyles to make a survey of the need for certain improvements in the City Jail and to submit its recommendations thereon, the committee reported that parsuan to subsequent authority of Council it employed Embank and Caldwell, Incorporated, Architects and Engineers, to nuke a survey of the existing jail for the purpose of determinin9 the possibility of extending the existing facilities atop the HunicipO Building to meet future requirements, and received the report of that firm on March 10. 1959, the committee advising that based upon the report of Eubank and Caldwell. Incorporated. and the studies of the committee there ore three possibilities for improvements to the jail: (i) Repairing and improving existing facilities to bring them to modern standards with no increase in Jail capacity. estimated to cost $99,000,00; (2) Building an additional story on top of the existing Jail which would provide an additional 164 Jail spaces, estimated to cost $22S.000.00; and (3} Building additions to the existing Jail by extending the area to the east and west on the same level which would provide on additional 90 jail spaces, estimated to cost 9193,000.00, the committee expressing the opinion that the repair and improvemen~ of existing facilities at an estimated cost of must be accomplished, and that in order to provide needed space to meet requirements of the near future, additions to the Jail by adding an additional story on top of the existing facilities at an estimated cost of $225,000.00, which would produce additional jail space at a unit cost of $1,970.00 as against a unit cost of $3.$00.00 per additional jail space for the 90 additional units which would be acquired by extending the present jail to the east and west. is more desirable, the committee concluding that it has studied the possibility of constructing an entirely new jail at another location, and, although no specific detailed plans and specificationshave been provided for such construction, in its considered Judgment the cost would be no less than double that required for extending the present facilities. Mr. Webber moved to receive the report of the committee and to direct the City Manager to submit to the State Department of Welfare and Institutions, for its study and approval, the question of repairing and improving existing facilities an estimated cost of $9S,000.00 and the addition of an additional story on top of the existing jail to provide 164 new Jail spaces at an estimated cost of as outlined in the report of the committee, and thereafter to submit his report thereon to Council. The motion was seconded by Mr. Anderson and adopted, Mr. Dillard voting no. . "441 :44.2 JUNIOR CHAMBER* OF COMMERCE-PARKS AND PLAYGROUNDS~ Council ut its meeting April 6. 1g$9. having referced to a committee composed of Messrs. Arthur $o Owens. ~holrwan. May Lo Webber odd Robert Po Hunter for coasnltntlon with a committee of the Roanoke Junior Chamber of Commerce and subsequent study and recommendation m request of the Hill Mountain Development Committee of the Roanoke Junior Chamber or Commerce that th~ contract between the City of Roanoke and the Junl~ Chamber of Commerce concerning the operation of the miniature train ia the Childrents Zoo atop Mill Mountain be amended to provide for the retention of one hondred per cent of the net proceeds by the Jaycees. eighty per cent of such proceeds to be used the construction of additional children's rides in the vicinity of the zoo. it being proposed to erect a merry-go-round immediately, and. in the future, a boat ride. n miniatore auto ride and a roller coaster, and the remaining twenty per of such proceeds to be retained by the Jaycees for the general use of the Junior Chamber of Commerce. the committee submitted its report, advising that there is a Incited amount of level and usable area atop gill gBuntnin add that in its'opinion no additional activity should be authorized until Council has established a definite policy for the future development of the entire area atop Mill Mountain. the committee, therefore, recommending that the request of the Roanoke Junior Chamber of Commerce. Incorporated. be tabled, that the City Manager and the Director of Parks ~nd Recreation be directed to study and recommend to Council a reasonably definite plan for ~e f,ture development of the area situate atop said mountain, and that after the adoption of such a plan for the future developmen of the Mill Mountain area. if the Roanoke Junior Chamber of Commerce. Incorporated. still desires to change its present contFoct, the matter then be considered by Council in the light of its adopted plan. MFS. Pickett moved to concur in the report of the committee? The motion was seconded by Mr. Dillard and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. IKIRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUILDING CODE: Council at its mqeting of April 6, 1959, having directed the preparation of a Resolution providing for the waiving of the requirements of Section 402 of the Building Code with reference to its application to fireproofing certain steel in the freight terminal and office building being oonstructed by J. M. Turner and Company. Incorporated. for Dennis Motor Lines on Salem Turnpike. N. W.. Mr. Young offered the following emergency Ordinance to amend and reordaio Subsection (f) of Section 402-3 of the Building Code of the City of Roanoke. advising that the City Attorney has informed him that a Resolution modifying the provisions of a general Ordinance would not be legal and that the Ordinance as prepared for an amendment of the Buildin9 Code. providing for the relaxation of the requirements for fireproofing steel in certain buildings outside of the fire zone where adequate open space around such buildings is available, with the stipulation that should the open space around such buildings be eliminated then the garter thereof shall be required to provide fireproofing us originally required by the Code, has been recommended by the Oulldieg Commission and the City Yanager: (m13688) AN ORDINANCE to amend md reordain subsection (f) of Section 402.3 *Area modification* of The Official fluJldJng Code of the City of Roanoke. 1956; and providing for un emergency. (For full text of Ordinance, see Ordinance O,oh No, 23, Page 295,) Hr, Young moved the aSoption of the Ordinance. The motion was seconded by Mr. Rubber and adopted by the following vote: AYES: Council members Anderson. C,mall. Dillard. Pickett. Rubber. Young. and the President. Mr. Rhenium ................ 7. NAYS: None ............................O, PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of April 6. 1959. having directed the preparation of Ordinances providing for the acqulsit~ of portions of the property owned by Mr. G. L. Franklin and Mr. C. F, Kefauver on Whiteslde Street. N. E.. Mrs. Pickett offered the following emergency Ordinance providing for the acquisition of property from Mr. Franklin: (~136fl9) AN ORDINANCE providing for the acquisition of certain real estate needed in connection mith the proposed extension and mideninO of Wbjteside Street No E.; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23. Page 297.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr° Anderson and adopted by the f,Il,ming vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the President. Mr. Wheeler ................ 7. NAYS: None ............................O. Dr. Y,un9 then offered the following emergency Ordinan£e providing for the acquisition of property from Mr. Kefauver: (~lS~gO) AN ORDINANCE providing for the acquisition of certain real estate needed in connection with the proposed extension and widening of White*ida Street N° E.; and providing for an emergency° (For full text Of Ordinance. see OrdinanceDook No. ~3. Page Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the Pre sident. Mr° Mheder ................. 7. NAYS: None ............................O, STREETS AND ALLEYS-CURD AND CUSTER-MATER DEPARTMENT: Council at its meetin of April $. 1959. having directed the preparation of an Ordinance providing for the acceptance of the offer of H,ack and Company. Incorporated. to convey to the city a small triangular strip of land for the widening of a portion of Crystal Spring Avenue. S. W.. north of HcClanahan Street. and. in addition, the widening '44-8 44:4 of au nnanmed street extending from the northern end Of Crystal Spring Avenue to Mile! Drive by use of certain portions of City Water Department property lying to the east there,r. Mr. Anderson offered the follswiug emergedcy Ordinance: (n136gl) AN ORDINANCE accepting the offer of Houck and Company. lao. o to convey unto the City n small area of real estate; directing that an nndesignat~ street extending from Crystal Spring Avenue to Wiley Drive be widened 20 feet by using the requisite portion of the property of the City of Roanoke Water ~epart- meat. located on the east side of said street~ and providing for an emergency. (FoF full text of Ordinance. see Ordinance D,ok No. 23. Page 300. l Mr. Anderson moved the adoption ~f the Ordinance. The motion was seconded by Mr, Dillard'and adopted by the f~liewi~9 v~te: AYES: Council members Anderson, C,mall, Dillard, Nebber, Young, and the President, Mr. Nheeler ........................ NAYS: Mrs. Pichett ....................]. STREET NAMES: Council at its meeting of April 6. 1959. having directed the preparation of a Resolution naming a certain undesignated street extending fro~ the noFthernmost end of CFystal Spring Avenue. S. W** to Miley Drive. lying west- ward of Jefferson Street, gr,'Dillard offered the follosing Resolution: (#13692} A RESOLUTION naming an undesignated street Crystal Spring Avenue (For full text of Resolution, see Resolution Book No. 23, Page 300.) Mr. Dillard moved the adoption of the ~esolution. The motion was seconded by Mr. Youn9 and adopted by the followin9 vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the Preside'nt, Mr, Wheeler ................ NAYS: None ............................O. MOTIONS AND MISCELLANEOUS BUSINESS: RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Mr. Young stated that Mr. David N. Burrows of the Wiley N. Jackson Company has offered to construct sleigh-riding track on city=omned property at such point as the city may deem proper with no cost t,the city. provided that the city will select the proper site for such track, prepare the plans end specifications therefor, establish grade lines and furnish i~spection during the construction, and that Mr. Borrows mould like to have the work accomplished during the summer at such times as his company* eqnipment will be available, which would require that the plans and specifications etc.. be ready in the near fetnre so that ~be track mill be available for next winter"s activity. Mr. Y,un9 moving to direct the City Manager to study the matter select a location for the tract on city property, have the plans and specification prepared, the grades 15Id out and furnish inspection on the constrnction work. and consult with Mr. Barrows with a vies of completing the. project b~fore ~he next winter. The motlo~ was seconded'by Dr. C,mall and adopted. Yhere being no further business. Conncil adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday, April 20, The Council of the Clty of Roanoke act le regular Beating in the Council ChuBber iu the Muuicipnl Ouildiug, Monday, April 20, 1959, al 2:00 **cio*h, p. the regular meeting hour, with the President, Mr, Wheeler. presiding. PRESENT: Council numbers Anderson, Cornell. Oillnrd. Pickett. Webber. Young, and the President, Mr, Wheeler ............. 7, ABSENT: None .............................O, OFFICERS PRESENT: Mr, Barry R, Yates, City Auditor and Acting City Manager, Mr. Randolph G, Whittle, City Attorney, and Mr, J, Robert Thomas, City Clerk, INVOCATION: Yhe meeting was opened with a prayer by the Reverend John Ricks, Pastor, Belmont Presbyterian Church. HEAR ING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 **clock, p. m., April 20, 1959. on the question of rezoning certain properties lying on the south side of Melrose Avenue. N, W,, between Thirty-fourth Street and Thirty-fifth Street, a~ on the .east side of Thirty*fifth Street. N. W.. south of Melrose Avenue. from General Residence District to Business District, and notice Of the bearing having been published in The Roan*he World-News on April 3, 1959, and the City Planning Commission having previously recommended that the properties in question be fez*ned, the hearing was held at which no one appeared in opposition. Hr. T. L. Plunkett. Jr** Attorney for the petitioners, appeared before Council and requested that the recommendation of the City Planning Commission be concurred in. Mr. Young moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~13693) AN ORDINANCE to amend and reenact Title XV. Chapter 4. Section 1 of The Code of the City of Roan*he, 1956, in relation to Zoning. WBEREAS, application has been made to the Council of the City of Roanoke to have property located on the ~outherly side of Melrose Avenue, N. W** et the southeasterly corner of Melrose Avenue and Thirty-fifth Street, known and designated as Official Tax No. 2660401, fez*ned from General Residence District to Husiness District; and WHEREAS, the City Planning Commission has recommended that the above parcel of land, together with properties known as Official Tax ~os, 2660402. 2660403, 2660404. 2660405, 2660420, and 2660422, be fez*ned from General Residence District to Business District; and WHEREAS, notice required by Title XV, Chapter 4. Section 43, of The Code of the City of Roanoke, 195~, relating to Zoning, has been published in *The Roanoke #orld*Sews,* a newspaper published in the City of Roanoke, for the time required by said section; and 445 '446 HflEREAS, the hearing us provided for in said notice published in the said nemspnper mas held on the 20th d~y of April, 1959, at 2:00 o'clock, p, m,. before the Council of the City of Ronnoke Jn the Council Chamber in the HnnJClpal Building at which hearing property omners and other interested parties in the affected area mere given an opportunity to be heard both for and against the proposed rezoniug; and WHEREAS, this Council, after considering the evidence presented. Is of the opinion that the above parcels of land should be rezoned as requested and ns recom- mended by the City Planning Commission. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that Title iV. Chapter 4. Section 1. of The Code of the City of Roanoke. 1956. relating to Zoning. be amended and reenacted in the following particular and no other, via.: Property located on the southerly side of Melrose Avenue, N, M** as shown on the FairviewHap end the Secrest Map, designated on Sheet 266 of the Zoning Hap as Official Tax Nos. 2660401. 2660402. 2660403. 2660404, 2660405,,2660420~ 2660422. be. and is hereby, changed from Ceneral Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Mro Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr, Wheeler ................. ?o NAYS: None ............................O. PETITIONS AND CORMUNICATIONS: WlLDNOOD CIVIC LEAGUE: The City Clerk presented a communication from the Wildwood Civic League. advising that subsequent to receiving advice of the action of Council at its meeting of April 6, lgSg, in tabling the question of constructing a community center building in Thrasher Park at an estimated cost of $d6,000.00 for consideration along with the 1960 budget, the citizens of the East Gate, Jackson Park. Kenwood and Idlewild Park subdivisions have concluded that it mould be better to forego the construction of a civic center and request consideration of the construction of an elementary school in Thr~sher Park to serve the dual purpom of providing community center facilities, and. rat the same time, per.it children in the area to go to a school in their community rather than having to be transpose to various schools in other sections of the city, the League further requesting that Council again consider the construction uf toilet facilities in Thrasher Park for public use. the League also complaining of the condition of a drain that parallels Vinton Road, apparently originating in the Red Line Trucking Terminal, and requesting that action be taken to properly ditch and open this drain to eliminate stagnating water. Mr. Young moved to direct ,the City Manager to submit to Council preliminary plans and an estimate of cost for the construction of toilet facilities in Thrashe Park, including the amount of $6,000,00 previously estimated as the cost of con- strnctlng a sewer into theproperty. The motion mas seconded by Dr. Cornell and adopted. Hr, Anderson moved to refer to the Roanoke City School Board, for Its consideration and advice to Council of its conclusions, the qaestioa of the .posslbllit7 of constructing an elementary school in Thrasher Park, The motion mas seconded by Mr, Young aid adopted, Mr, Mebber moved to refer the question of the opes ditch parallel to Viotoa Road to the City Manager for an estimate of the cost of constructing a drain to eliminate the condition complained of, The motion was seconded by Mr. Dillard and adopted. PURCHASE OF PROPERTY-MATER DEPARTMENT: The City Clerk presented acom* munication from Mrs, Lelia C, Reed, Mr, F. C, Rucker and Mr, J, A. Bolllnger. offering to purchase from the city a portion of a strip of land lying to the rear of their propert~e~ nn the north side of Wyoming Avenue. N. W.,east of Monroe Street, the said strip being designated as Official Tax Ho, 2770407, for a consideration of $25.00, advising that the land in question is a portion of the residue of property purchased by the city in 1952 for the Water Department pursuant to Ordinance No. 11336, adopted on February 4, 1952. Mr, Webber moved to refer the request to a committee composed of Messr$o Arthur S, Owens, Chairman, Randolph Go Whittle and Ilarry R. Yates for study and recommendation, The motion was seconded by Mr. Young and adopted, STATE HIGHWAYS: The City Clerk presented a communication from the Virginia Department of Highways, advising that it has set a public hearing for 3:00 o'clock, p. m., Thursday, Ray 21, 1959, to be held in the Auditorium of the Roanoke Public Library, on the proposed extension of the Roanoke Spur, Interstate Route 581, from Orange Avenue, N, E., to Elm Avenue, S. E., in the city. it being brought out that Council held a public hearing in this matter on October 27. '195~, and, subsequently, adopted Resolution No. 13573 on December 15, 1950, approving the proposed extension. Mr. Dillard moved to repeal Resolution ~o. 13573. The motion mas seconded by Dr, Cornell, J~ Webber offered a substitute motion to appoint a committee composed of Messrs. Vincent S. Mheeler, Chairman, Arthur S. Owens and Randolph Co Whittle to officially represent Council at the hearing of the State Highway Commission, The motion was seconded by Mr. Young and adopted, Council members Cornell and Dillard voting no. STREETS AND ALLEYS: The City Clerk presented a communication from Woods, Rogers, Muse and Mnlker, Attorneys for Mr, Charles L. Pitzer, et al** requesting that Council set a pnblic hearing for May 11, lq59, on the request for closing a portion of a public alley lying west of First Street, S. M,, and south of Franklh Road, which request was before Council at its meeting of April 13, 1959, and referred to the City Planning Commission for study and recommendation, the Attorneys advising that the request is being made for establishment of the public hearing at this time in order to avoid delay in planning for a building to be constructed on the property by the Appalachian Power Company. ~44'7 .448 Mr, Mebber moved to set a psblic hearing in the matter for 2:00 o'clock. po w,. Ray 11, 1959, in the Council ChaBber, the Attorneys for the petitioners to prepare the proper notice of said bearing, bate fl approved by the CJt~ Attorne~ and present it to the City Clerk for publication, The motion mas seconded by Mr, Anderson and adopted, REPORTS OF OFFICERS: PURCHASE OF PROPERT¥-$TR££TS AND ALLEYS: The City Manager reported that pursuant to a directive of Council at its meeting of AprJll3, 1959, he hms restudied his recommendation of that date concerning the construction of improve- ments on Blenheim Road. $, M** with a view of reducing the worb contemplated thereon, the City Manager pointing out that the bid Of Adams Construction Company, totaling $32,070°90, contained a base bid of $23,020,90, covering improvements to Blenheim Road. $o No, from a point north of PersJngeF Road to a point beyond Blair Road, including the intersection, and an option bid in the amount of $9,050°00, mhich mould permit improvements from Drandon Arenne to a point north of Persinger Road, the City Manager advising that if the entire project is to be completed it will require the acquisition of three parcels of land on blenheim Road, S. between Brandon Avenue and Center Bill Drive, needed for the midening of the street and rounding the corners cf the intersection of Drandon Avenue and Blenheim Road, at an estimated cost of $3,fl50.00, the City Manager stating that in his opinion thc entire project should be completed, however, Council, in its discretion can either accept the base bid o[ Adams Construction Company in the amount of $23,020°90, covering a portion of the work, or the total bid in the amount of $32,070°90, covering the entire project, that if the base bid fs accepted, the acquisition of land mill not be necessary at this time, but, in his opinion, it will be necessary in the future to extend the work to Drandon Avenue which mill require the purchase of the land for such widening, the City Manager concluding tba in the event the purchase of the required land cannot be successfully negotiated, curb and gutter work and some of the paving along that portion of Blenheim Road south of Brandon Avenue can be eliminated from the contract mithout revising the Same. Mr. Webber offered the following Resolution accepting the low bid of Adams Construction Company in the total amount of $32,070.90: (~13694) A RESOLUTION accepting the proposal of Adams Construction Company for improvements on Blenheim Road Extension, S. N.; authorizing the proper City Officials to execute the requisite contract; and rejecting the other bid, (For full text of Resolution, see Resolution Boob No. 23, PaDe 301o) Mr. Webber moved the adoption of the Resolution, The motion mas seconded by Mr. Young and adopted by the following rote: AYES: Council members Anderson. Cornell. Pickett. Rabbet. Young. and the President. Mr. Nheeler ......................... NAYS: Mr. Dillard .....................1. STADIUM: The City Manager transmitted an offer of the Harvest Howl Festival Coulittee or the Junior League o! Roanoke and tke Virginia Polytechnic Institute Athletic Association tn present to the city a by*ncc plaque commemorating the Harvest Boml games which they co-sponsor nt Victory Stadium. said plaque to be mounted on a large boulder and installed ut the Stadium at such point as is designated by the City Manager without expense to the city and to serve as a historical record of the Harvest Howl games, having recorded thereon the winners of the games each year, the City Manager recommending the acceptance of the offer. Mr. Young &owed to direct the City Attorney to prepare a Resolution accepting the donation and expressing the thanks of Council to the donors. The motion was seconded by Mr, Anderson and adopted, EASEMENTS-APPALACItIAN POMER COMPANY-AIRPORT: The City Manager reported that subsequent to the adoption of Ordinance No. 12641 on March 9, 1959, it has been discovered that two of the locations over which easements were authorized to the Appalachian Power Company at the Roanoke Municipal Airport are not necessary in that they cross land to be transferred to the Virginia Department of Highways and will be handled by permits from that department, the City Manager advising that the deed for right of way to the Appalachian Pomer Company covers only that right of way crossing the city's runway extension area at the Airport and requesting the adoption of a Resolution ratifying the action previously taken. Mr, Anderson moved to concur in the request of the City Manager and offered the following Resolution: (~13695) A RESOLUTION relating to the conveyance of an easement to Appalachian Power Company pursuant to the provisions of Ordinance No. 13641 of the Council of the City of Roanoke, heretofore adopted. (For full text of Resolution. see Resolution Rook No. 23, Page 302). Mr. Anderson moved the adoption of the Resolution. The motion mas seconder by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, #abbey, Young, end the President, Mr, Nheeler ................. 7. NAYS: None ............................ O, EASEME~$-C~P TELEPIIONE COMPANY-AIRPORT: The City Manager reported that subsequent to the adoption of Ordinance No. 13642 on March 9. 1959, it has been discovered that two of the locations over which easements were authorized to The Chesapeake and Potomac Telephone Company Of Virginia at the Roanoke Municipal Airport are not necessary in that they cross land to be transferred to the Virginia Department of Highways and will be handled by permits from that department, the City Manager advising that the deed for right of way to The Chesapeake and Potomac Telephone Company of YJrginia covers only that right of way crossing the city*s runway extension area at the Airport and requesting the adoption of a Resolution ratifying the action previously taken. Mr. Young moved to concur in tho request of the City Manager and offered the following Resolution: · 449 '450 (a13696) A RESOLUTION relating to the conveyance of aa easement to The Chesspeahe end Potomac Telephone Company of Virginia pursuant to the provisions or Ordinance No, 13642 of the Council or the City of Roasohe, heretofore adopted, (For fell text'of'Resoletion, see Resolution Hook No, 23, Page 303,) Mr. Young moved the adoption of the Resolution. The motion was seconded by Hr. Anderson end adopted by the following vote: AYES: Council members Anderson,'Cornell, mallard, Pickett, Rebber, Young, and the President, Hr, #heeler ................. T, HAYS: None ............................O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that subsequent to the preparation uf his report dealing with improvements to Blenheim Road, S. M,, Mr. George S, Hales and Mrs. Onnie P. Hales have agreed to transfer to the city a strip of land approximately six feet wide along the side of their property on the east side of Blenheim Road, S, W,, south of ~randon Avenue, at a price of $967.00, mhicb is $133.00 more than the appraised value of the property, and recommended the acceptance of the offer. Mr. Webber moved to direct the City Attorney to prepare an Ordinance pro- viding for the acquisition of the property in qaestion from George S, and Onnie P. Hales as recommended by the City ManageF for $1~7.00. The motion was seconded by Mrs. Pickett and adopted, PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that in pursuance of a directive of Council at its meeting of April 6, 1959, he has caused a study to be made of the work required to complete the widening and straightening of Whiteside 5trent, H. E,, from Orange Avenue to the city limits, and submitted an estimate of such cost in the amount of Mr, Young moved to file the report for consideration along with the lgCO budget study, The motion was seconded by Mr. Webber and adopted. PURCHASE OF PROPERYY-STREETS AND ALLEYS: The City Manager reported that he has renegotiated with Mr, Leo F, Henebry concerning his offer to convey to the city a 20-foot wide strip of land along the front of his property on Hollins Road, N. E., between Preston Avenue and the city school site, and lying on the west side of the proposed Whiteside Street extension, and that he has received from Mr. Henebry an offer to convey the necessary property ia consideration of the city constructing concrete curb and gutter along the front of the property in question and paying an additional consideration of $500000 cash. Mr. Webber moved to table the entire Whiteside Street project. The motion was seconded by Mr, Dillard and adopted, Mrs. PicRett voting no. Mr, Anderson then moved to advise the City Manager that Council feels Mr. Henebry should transfer the required property in consideration of the city constructing concrete curb and gutter along the front of his property only and is unwilling to pay the additional $500.00. The motion was seconded by Dr, Uoruell and adopted. REPORTS OF COMMITTEES: MATER DEPARTMENT: Council ut its meeting of Moreh 30, 1959, having referred to u committee composed or Messvso Randolph G, Rhlttle, Chairman, Roy L. Webber, Benton O, Dillard and Raymond E, Pillow for study and recommendation the request or the Town of Vinton that its request rot the extension or its water service area, previously denied by Council at its meeting or March q. 1q59, be reconsidered, the committee submitted its report, advising that since the Town or Vinton has heretofore installed a sanitary sewer line in the vicinity of the property in which it proposes to extend its water service orea and is committed to transport and treat sewage from that area at its disposal plant, and the committee believing that asimilar situation is not apt to occur in other sections of the county, it is of the opinion that granting the request of the Tomn of Vinton mill not establish an undesirable precedent and should roster a continuation or the excellent relations long existing betmeen the two municipalities, the committee, therefore, recommending that the request be granted, MFo Young moved to concur in the recommendation Of the committee and offered the folloming Resolution: (a13697) A RESOLUTION amending Resolution No. 12159, which conditionally authorizes the Town or Vlnton to resell surplus water purchased from the City*s Mater Department to certain parties residing beyond the corporate limits of said Tomn, by adding a new section, viz.: No, 5, thereto, (For full text of Resolution, see Resolution Book No. 23. Page 304.) Mr. Young moved the adoption or the Resolution, The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Conncil members Anderson. Cornell, Dillard, Pickett, Webber, Young. and the President, Mr. Wheeler ................. NAYS: None ............................ UNFINISHED DUSINESS: ZONING: Coma©ti at its meeting of March 16. 1959, having referred to the City Planning Commission for study and recommendation a petition from twenty-one property owners, requesting that their properties lying on both sides or Memorial Avenue, S. W., from Memorial Dridge to the present Business'District at Grandtn Road, and two lots lying on the north side of Roanoke Avenue, $. Memorial Avenue, be rezoned from. Special Residence District and General Residence District to Dusiness District, the City Planning Commission submitted its report, advising that its study indicates the petitioners have no proposals or plans for the development of their properties for business uses at this time, that there are many substantial homes within the area in question which the Commission feels will be more suitable for residential purposes for years to come than for business that in its considered judgment there is no need.at this time for additional business properties on either Memorial Avenue or Roanoke Avenue. that the reaoning of the properties as requested would result in depreciating the values of existing homes and be contrary to the best interests of the majority of the property omners who live in the area, the Commission, therefore, recommending that the request for rexoning be denied, 451 '452 The City Clerk advised Council that Hr, Richard T, Edwards, Attorney for the petitioners, has requested that the matter be loid over rot one week to permit time in mkich he cnn determine whether or not hfs clfeots desire a public hearing in the matter, Hr, Young moved to table the matter until the next regular ueetfng of Council, The motion mas seconded by Hr, Anderson and adopted, CONSIDERATION OF CLAINS:. NOI~, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TUBERCULOSIS SANATORIUM: Council at its meeting of April 13, 1959, having directed the preparation of a Resolution extending the contract for the leasing of certain land at Coyner Springs for grazing purposes, as authorized by Ordinance No. 12734, adopted on May t4, 1955, Mrs. Pickett offered the following Resolution: (~13698) A RESOLUTION renewing the lease of approximately 62 acres at Coyner Springs to Max A. and M. Kent Murray, trading as Murray Orchards. (For full text of Resolution, see Resolution Rook No. 23, Page 305.) Mrs. Pickett moved the adoption of the Resolution. Yhe motion was second~ by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Robber, Young, and the President, Hr. Nheeler ................. NAYS: None ............................ EASEMENTS-STREETS AND ALL£YS:. Council at its meeting of April 13, 195g. having directed the preparation of a Resolution advising the City Attorney that the City has no interest ia defending a suit to which it Is party concerning the dead-end portion of Sixteenth Street, S. M.. between the south side of Cleveland Avenue.and the,Virginian Railway, and o portion of a lO-foot alley south of and parallel with Cleveland Avenue. Dr. Cornell offered the following Resolution: (u13699) A RESOLUTION advising the City Attorney that the City has no reason to defend a chancery suit instituted by So N. Hunter and wife against Joseph D. Crosso and others, including the City of Roanoke, and now pending in the local Hustings Court. (For full text of Resolution, see Resolotion Rook No. 23, Page Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Andersen, Ccrnell, Dillard. Pickett, ~ebber, Young. and the President, Mr. Mheeler ................. NAYS: None ............................O. EASEMENTS-STORM DRAINS: Council at its meeting of April 13, 1959, having directed the preparation of an Ordinance providing for the acquisition of a storm drain easement across the property of Mr. A. M. Lynch between Florist Road and CartOns Creek, in Roanoke County, Mr. Anderson mored that the following Ordinance be placed upon its first reading: (~lSTO0) AN ORDINANCE providing for the acquisition of a perpetual easement, for storm drain purposes, across the property of A. ~. Lynch, from Florist Road to Carvtns Creek. WNEREAS, A, Mo Lynch kas agreed, la'writing, to cause a perpetual.easement, for slarm drain purposes, across his property, frow Florist Road to CarvJns Creek, in Roanoke County, to be conveyed unto the City at · cost of $175,00; which offer the City Manager has recommended to he accepted and in which recommendation this Council concurs, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I, That the City Attorney be, and he is hereby, directed to prepare a proper deed of easeuent frow A, Mo Lynch (o~ the legal owner, or owners, of the land through which the easement shown in red on Plan No, d3?2~A, prepared by and on file in the Office of t~ City Engineer, is located) conveying such easement, in perpetuity, unto the City of Roanoke, for storm drain purposes, in consideratlo~ of $175.00 cash, 2. That. upon proper execution and delivery to the City Attorney of such deed of perpetual easement, the City Auditor is hereby directed to draw a voucher in the amount of $175,00. payabl~ us directed by the City Attorney. and deliver the same to the City Attorney who, in turn, shall deliver such voucher to the party entitled thereto in exchange for such properly executed deed of easemen~ after which, the said City Attorney shall cause the aforesaid deed of easement to be admitted to record in the Clerk's Office of the Circuit Court of Roanoke County. Virginia. The motion was seconded by Dr. Corn,Il and adopted by the following vote: AYES: Council members Anderson. Corn,Il. Dillard. Pickett. Webber. Young. and the President, Mr. Wheeler ................. 7. NAYS: None ............................O, STADIUM-CELEBRAT IONS-CITY GOVERNMENT: Council at its meeting of April 13. 1959. having directed the preparation of a Resolution rejecting all bids received for the furnishing and installing ~aheating and ventilating system under the west stand at Victory Stadium. Dr. Corn,Il offered the following Resolution: (#13701) A RESOLUTION rejecting all proposals received for furnishing and installing the proposed heating and ventilating system under the west staods at Victory Stadium. (For full text of Resolution. see Resolution Book No. 23. Page 306.) Dr. Corn, Il moved the adoption of ~e Resolution. The motion was seconded by Mr. Anderson and adapted by tke following vote: AY£S: Council members Anderson. Cornell. Dillard. Pickett. Webber. Y.aug. and the President. Mr. Wheeler ................. 7. NAYS: None ............................ 5TRELTS AND ALLEYS-CURB AND GUTTER-SEWERS: Council at its meeting of April 13. lgSg. having referred to the City Attorney for preparation of the necessary papers the matter of providing for the acceptance of certain deeds for conveyance of portions of property from B.boa on the west side of Garden City Boulevard. S. £.. the City Attorney advised that the deeds of J. O. Plunkett and R. G. Bohon have been accepted under the · :453 :454 provisions of Ordinance No, 13502, however, the deed of G, R, Lnduick OOltnins an odditionnl provision rot replacing sewer laterals and u Resolution providing for approval thereof is necessnrF; whereupon, Ore Cornell offered the following Resolution: (n13702) A RESOLUTION relating to the acquisition or certain land authorized by Ordinance No, 13502 to be acquired for the future widening or portions of.Garden Cia! Boulevard, S, E, (For full text of Resolution, see Resolution Book No, 23, Page 307,)' Dr, Cornell uoved the adoption of the Resolution. The notion was seconded by Hr. Mebber and adopted by the following vote: AYES: Council nembers Anderson, Coroell, Dillard. Pickett, Webber, Young, and the President, Mr, Wheeler ................. 7. NAYS: None ............................ O. MOTIONS AND MISCELLANEOUS BUSINESS: NO~. There being no further business, Council adjourned. A P P R 0 V E O ~ President 8 COUNCIL, REGULAR MEETING, Monday, April 27, 1959, The Council Of the City of Roanoke met lu regular meeting in the Council Chamber ia the Municipal Building, Monday, April 27, 1959, at 2:00 o*clocko po the regular meeting hour, with the President, Mr° Mheeler, presiding, PRESENT: Council members Anderaon, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Mheeler ............. 7, ABSENT: None .............................O, OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr. James Kincaaon, Assistant City Attorney, Mr, Harry R. Yates, City Auditor, and Mr. J, Robert Thomas, City Clerk, INVOCATION: The meeting mas opened with a prayer by the Reverend H, L. Rice, Executive Secretary, First District of Virginia, Church of the Hrethren. MINUTES: Copies of the minutes of the regular meetings held on April 13, 1959, and April 20, 1959. having been furnished each member of Council, upon motion of Mr. Young, seconded by Dr. Cornell and adopted, ~e reading was dispensed witb and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a communication from Dodsou, Pence and Coulter. Attorneys for All Star Lanes, advising that in the construction of its howling alley at 3439 Melrose Avenue, H, W., it constructed a canopy on front of the building extending approximately ten feet over a street widening setback line and that it has been informed by the Building Commissioner that it will be necessary to Obtain permission for the canopy to extendinto that area or else remove that part which extends over the setback line. Mr° Richard F. Pence appeared before Council and stated that his client is willing to save the city harmless if a permit is granted. Mr. Webberoffered the following Resolution granting the permit: (z13703) A RESOLUTION granting a permit to All Star Lanes, a partnership doing business in the City of Roanoke, Virginia, to.maintain an existin9 canopy in front of its premises at 3439 Melrose Avenue, N. (For full text of Resolution, see Hesolution Book No. 23, Page Mr. Webbermoved the adoption of the Resolution. The motion was second~ by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett. Webber. Young, and the President, Mr. Wheeler ................. 7. NAYS: None ............................O. STREETS AND ALLEYS: The City Clerk presented a petition bearing signature! of tmenty-nine residents of Mansfield Street, N. E., requesting that said street be paved with blacktop in the current program. Mr. Dillard moved to refer the petition.to the City Manager for study and recommendation, Yhe~motion was seconded by Dr. Cornell and adopted. '45'6 STREETS AND?ALLEYS: The City Clerk presented n petition from eleven residents of the 11 bi*ch of M~rgsn Avenue, S. E,, ndvising thnt the remainder of Morgan Avenue his been l~ved in the current blncktopping program and reqeestf~ that the paving be extended to include the remaining, block in which they live. Hr. Webber moved to refer the petition to the City Manager for study and reccmmendntion. The, motion was seconded by Hr, Anderson and adopted° REPORTS OF OFFICERS: RECREATION DEPARTMENT: The City Manager reported that he has studied the question of erectingan addition to the Villa Heights Community Center, as request. ed by the Senior Conncil of the Community Centers and that due to difficulties in construction be does not favor addiaR an addition on the southwest side of the building, nor the inclusion of a basement, the City Manager recommending that Council provide $6,200.00 for adding a room on the other side of the building, mhich, in his opinion, would relieve the pressure on the Center, the room to be 24' x 32', without basement. Mr. Dillard moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (z13704) AN ORDINANCE to amend and reordain Section z144, *Departmental Equipment and Improvements,u of the 1959 Appropriation Ordinance, and providing (For full text of Ordinance, see Ordinance Book No. 23, PaRe Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: and the President, Mr. Wheeler ................. 70 NAYS: None ............................. O. WILDWOOD CIVIC LEAGUE: The City Manager reported that he has investiga~d the complaint of the Wildwood Civic League concerning an open drainage ditch parallel to Vinton Road and that the Director Of Public Works has opened this ditch to eliminate water stagnation, which, in his opinion, sill relieve the situation complained of. the City Manager advinslng that in order to provide a closed drain it will be necessary to expand $6,000.00 for the installation of the necessary pipe therefor, which he cannot recommend at this time. connection with the 1960 budget. The motion was seconded by Mr. Young and adopted CEMETERIES-CITY FARM-TUBERCULOSIS SANATORIUM: The City Manager reported thal he has had considerable discussion with the City Attorney with relatioe to the removal of the grates from the old potters filed at the City Far= on Colonial Avenue. So M., to the new cemetery established at Coyner Springs, the City Manager pointing out that there are sereral hundred bodies which must be removed and certai grading work which must be accomplished in connection with transfer of the property to the Virginia Polytechnic Institute as a site for the Roanoke Technical Institute and recommending the adoption of a Resolution giving authority therefor. advising that funds dill have to be appropriated for the work. Mrs. Pickett moved to concur in thq recommendation of the City Manager and offered the, foll~miug Resolut.ioq: (m13705), A RESOLUTION directing the Cltr Manager to cause the bodies all deceased persons heretofore buried in the potter's field situate on the City's real estate on the southerly side of Colonial Avenue, S. M** to be carefully and reverently diainterred and immediately, thereafter, likemise, carefully and reverently relnterred in the cemetery heretofore established by Ordinance No. 1364& on the Clty*s real estate in Bctetourt County amd sometimes referred to as the Coyaer Springs property. (For full text of Resolution, see Resolution Hook No. 23, Page 311.) Mrs. Pickett moved the adoption of the Resolution. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cumuli. Dillard, Pickett, Mebbero Young, and the President. Mr. Mheeler ................. 7. NAYS: None ...........................~0, Mr. Mebber then offered the folloming emergency Ordinance appropriating $5,000o00 for removal of the graves: (~13706) AN ORDINANCE to amend and reordain Section #54, *City Home** of the 1959 Appropriation Ordinance, and providiog for aa omerg~ cy, (For full text of Ordinance, see Ordinance Book No° 23, Page 313. i Mr. Nebber moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following yote: AYES: Council members Anderson, Cornell. Pickett, Webber. Young, and the President, Mr. Wheeler ......................... NAYS: Mr. Dillard .....................1. CLAIMS: The City Manager reported that Wr..goy M. Tyroe, Route 5, Roanoke Virginia, suffered damage to his automobile as a result of said automobile falling with the street in a cave in in front of 526 First Street, S. E., on April 2. 1959. when a surface water drain, thirty-five years of age. gave way under the automobile, the damage to Mr. Tyree*s car being $37.00, the City Manager advising that the City Attorney has rendered him an opinbn thatthe city was guilty of no negligence in the matter; hence, has no legal liability, but chat in the opinion of the City Manager the city has a moral obligation to pay the damages of Mr. Tyreo, and recommending that Council authorize payment to Mr. Tyree in the amount of $37.00. Dr. C0rnell movedto direct t~ City Attorney to prepare a Resolution pro- viding for payment.to Mr° Tyree in the amount of $37000 as recommended by the City Manager. The motion was.seconded hyRr. Dillard and adopted. STATE HIGHWAYS: The City Manager presented a communication from the Virginia Departme~ of Highways, advising that it has made preliminary surveys for improvements to State Route No. 117 and Ja preparing a Federal Aid Urban project to provide a four lane highway along this route north of the city. the estimated cost of the 0.43g mile length of such highmay within the city in the 45,7 458 northwest sentloa being $200,O00,O0,~thecity*s'shsre there'~f under the Federal Aid Urban pr*gram to be twenty-rive per cent;' or $50.000.00/ the' Highway Depnrt~ neat requesting that Council concur in the project and commit the city to payment or its twenty-rive per cent of'the cost thereof, thb City Managerndvisingthat the survey was wade under the provisions of Ordinance No; 13447, adopted on July 2§. 1958. in uhlch Council committed the city to pay for twenty-five per cent of the survey costS, and that if the city commits Itself to this program it might be possible that the city*s part. or the cost can be financed over twobudget years. Mr. Young waved to direct the City Attorney~to prepare a Resolution com- mitting the city to on expenditure not to exceed $50.000.00 as its twenty-five per cent portion of a Federal Aid Urban project on State Route No. 117 in the northwest section of the city. The motion was seconded by Mr. Mebber and adopted. ANNEXATION: The City Manager reported that pursuant to a directive of Conncil at its meeting of April 13. 1959. he has made every effort to locate an economist in the state to use in connection with the proposed annexation, but has been unsuccessful, the City Manager again recommending that Council authorize the employment of Hr, Thomas H. Reed, The City Manager further reported that Mr. Harland Hartholomew will be ia Roanoke for a conference at 2:00 ,*clock. p. m.. April 30. 1959. and would like for the members of Council to meet with him at that time. Mr. Mebber moved to table the matter until after the discussion with Mr. Hartholomew. The motion was seconded by Mr. Anderson and adopted. RECREATION DEPARTMENT: The City Manager submitted to Council a prelJminar~ plan for the Community Center to be erected in Preston Park in the Nilliamson Road area. prepared by Embank. Caldwell and Associates. dated April H. 1959. and requested that Council approve the same. in order that he may have the architect proceed with working drawings. Mr. Youn9 moved to approve the ~elimiuary plan as presented by the City Manager and to direct that he have the architect proceed with the preparation of working plans to be p~esented to Council when completed. The motion was seconded by Dr. Corneli and adopted. JUVENILE DE,ElaTION HOME: The City Manager submitted a report, advising that the City Planning Commission has recommended that the proposed Juvenile Detention Home be located on the Coyner Springs property and that an architect be employed to prepare plans and specifications for such a building, the City Manager recommending, in addition, tbat no specific site be picked for the dete~i~ home until after plans are received from the architect. Mrs. Pichett moved to direct the City Attorney to prepare a Resolution authorizing ~he City Manager to employ aa architect for.the preparation of plans~ and specifications for the proposed Juvenile Detention Home. The motion was seconded by Mr. Anderson and adopted. REPORTS OF. COHNITTEES: ,HONE. UNFINISHED BUSINESS: ZONING: Coaacil at its Beating of April 20. 1959. having tabled until its next regular seating the report of the City Planning Commission0 recommending the denial of the request of certain property owners that their properties lying on both sides of Memorial Avenue, S, W,. from Meworlal Hridge to the present Husiness District at Grandin Road, be rezoned from Special Residence Bistrict to Business District, and that two properties lying on Roanoke Avenue, S. adjacent to Memorial Avenue, be retorted from General Residence District to Business District. the CitF Clerh reported that #r. Richard T, Edwards. Attorney for the petitioners, bas requested a delay of an additional weeh since he has been unable to contact all of his clients with reference to their desire for a public hearing, Hr, Dillard moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLLrFIONS: ZONING: Ordinance No. 13693. rezoaing certain properties on the south side of Melrose Avenue, N, W,, and on the east side of Thirty-fifth Street, N, from General Residence District to Business District, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Anderson offering the following for Its second reading and final adoption: (#13693) AN ORDINANCE to a~end and reenact Title XV. Chapter 4. Section 1, of The Code of the City of Roanoke. 1956. in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 23, Page 308.) Mr. Anderson moved the adoption of the Ordinance. The motion was second., by Mr. Young and adopted by the following rote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young. and the President, Mr. Nheeler .......... NAYS: None ............................O. EASLRENT$-STORH DRAINS: Ordinance No, 13700, pruvidlng for the acquisition of a perpetual easement, for storm drain purposes, across the property of Mr. A. N. Lynch from Florist Road to Carvlns Creek. in Roanoke County. having previously been before Council for its first reading, read and laid over. was again before the body. Dr. Corn, Il offering the following for Its second reading and final ad,pti,a: (#13700) AN ORDINANCE providing for the acquisition of a perpetual easement, for storm drain purposes, across the property of A. W. Lynch. from Florist Road to Carvins Creek. (For full text of Ordinance. see Ordinance Book No. 23, Page 309.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: 459. 46O AYES: Council members Anderson, Coroell, Dlllord, Pichett, Webber, Young, and the President, Mr, Wheeler ................. WAYS: Wone .............................O, PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of April 20, 1959, having directed the preparation of an Ordinance providing for the acquisition of a strip of land along the side of the property of George So and Onnie P, Hales lying on the east side of Blenheim Road, S. W,, north of Center Hill Drive, Mr° Mebber offered the folloming emergency Ordinance.: (w13707) AN ORDINANCE accepting the offer of George S. and Oonie P, Hales to convey unto tbs City a portion of their property situate on Blenheim Rood; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 313.) Mr. Webber moved the adoption of the Ordinance, The motion mas seconded by Mr. Young and adopted by the f~llowing vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber. Young, and the President, Mr. Wheeler ................. 7, NAYS: None ............................O. STAUIUW: Council at its meeting of April 20, 1959, having directed the preparation of a Resolution accepting from the Junior League of Roanoke and the Virginia Polytechnic Athletic Association a commemorative plaque which viii serve as a historical record of tlarvest Bowl games and expressing the appreciation of Council therefor, Mr, Young offered the following Resolution: (#13709) A RESOLUTION accepting fro= the Junior League of Roanoke and the Virginia Tach Athletic Association a commemorative plaque which will serve as historical record of the Harvest Bowl games and expressing this Council*s appreciation for such generosity. (For full text of Resolution, see Resolution Hook No. 23, Page 314) Mr. Young moved the adoption of the Resolution. The motioo was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber, Young, and the President, Mr. Rheeler ................. NAYS: None ............................O. MOTIONS AND MISCeLLANeOUS BUSINLSS: NONE. There being no further business, Council adjourned. APPHOVED President 46.1' COUNCIL, REGULAR MEETING, Monday, May 4, 1959, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal OuJldiug, Monday, May 4, 1959, at 2:00 o'clock, p. m** the regular meeting hour, with the President, Mr, Wheeler, presiding, PRESENT: Council members Anderson, Cornell, Dillard, Pickett, Mebber, and the President. Mr, Wheeler ..................... ARSENT: Mr, Young ........................ OFF IC£RS PRCSENT: Mr, Arthur So Owens, City Manager, Mr, Randolph Nhittle, City Attorney, Mr. Harry R, Yates, City Auditor, and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Robert Fo Beattie, Pastor, Our Lady of Nazareth Roman Catholic Church, MINUTES: Copy of the minutes of the regular meeting held on Monday, April 27, 1959, having been furnished each member of Council, upon motion of Mr. Anderson, seconded by Dr, Cornell and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONI~: The City Clerk presented a petition from Jessie E. and Edith O. Nichols. requesting that their property, containing 1.65 acres and lying on the east side of Vernon Street. S, E,, 641.10 feet south of Dale Avenue, being a part of Lot 1, Block 20, Warerly Place, be rezoned from General Residence District to Light Industrial District. Mrs. Pickett moved to refer the matter to the City Planning Commission for study and recommendation. The motion was seconded by Dr, Corneli and adopted. SEWAGE DISPOSAL: The City Clerk presented a Resolution of the Board of ,Supervisors of Roanoke County, requesting that the contract of September 28, 1954 between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an area containing approximately 150 acres, being the tlollins College property lying on the north side of U. S. Route 11, north of the City of Roanoke. along with certain properties immediately south of U. S. Route 11. opposite the Uollins College property. Mr. Anderson moved to refer the request to a committee composed Of Messrs, Roy L. Webber, Chairman, Walter L. Young, Arthur S, Owens and Randolph G. Whittle for study and recommendation. The motion was seconded by Mrs, Pickett and adopted. REFUNDS AND REBATES-LICENSES: The City Clerk presented a communication from Mrs. Frances H. Long. requesting that she be refunded $10.00, covering the 46'2 cost of n Olty automobile license tag purchased by her late husband. James #. Los mbo died thereafter on March 25. 1959. prior to the expiration date of the 1958 license plate for his car, Dr. Cornell offered the folloming Resolution providing for the refund: '(e13709) A RESOLUZlON'refundlng unto' Mrs, Frances H, Long the charge made for a city automobile license tag, (FoF full'text of Resolution, see Resolution Rook No. 23. Page 315.) Dr, Cornell moved the adoption of the Resolution, The notion was seconde by Mr, Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Pickett. Mebber. and the President. Mr. ~heeler ...................... 6. NAYS: None ............................0, (MFo Young absent) ANNEXATION: The City Clerk presented a petition signed by 100 residents of the Ridgewood Pare subdivision, lying to the west of the City of Roanoke, requesting that said subdivision be aneexed to the City of Roanoke. Mr. Webber moved to file the petition. The motion was seconded by Mr. Anderson and adopted. ZONING: The City Clerk presented a petition from Mr. Leigh Barton, requesting that his property, designated as Official Tax No. 1221001, lying on the southeast corner of Cleveland Avenue and Thirteenth Street, S. Wp, be rezoned from General Residence District to Business District. Mr. Anderson moved to refer the request to the City Planning Commission for study and recommendation, The motion was seconded by Dr. Cornell and adopted. ZONING: The City Clerk presented a petition from Elsie B, and David W. Moomaw, requesting that their property, designated as Lots 9, IO and 11, Block R. Airlee Court. located on the east side of Williamson Road, N. W., near the city corporate limits, be rezoned from General Residence District to Business District, Mr. Anderson moved to refer the request to the City Planning Commission for study and recommendation, The notion was seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS: ANNEXATION: Council at its meeting of February 16, 195q, having authorized the City Manager to employ Harland Bartholomew and Associates to make a survey of areas on the periphery of the city for possible annexation purposes, the City Manager submitted the report of HarJand Bartholomew and Associates covering their study of the urban areas surrounding the city. Mr. Webber moved to receive and file the report. The motion was seconded by Mrs. Pickett and adopted. Council then held a general discussion concerning annexation, at which time it was pointed out that the body previously tabled a recommendation of the City Manager for the employment of Dr. Thomas H, Reed as Economist in connection with the annexation question until the report of Barland Bartholomew and Associates was received. Dr. Coreell moved to table the entire matter until the next regular meeting of Council, The motion mas secooded by Mr, Anderson and adopted, CITY HOME: The City Manager reported that the caretuher's house at the old City Home Farm has been vacated, that the city has received a request rot the rental thereof and recommended that Council authorize renting the property at $45,00 per month, mlth the proviso that the rent be paid in advance and that provisions be made for the recapture of the property uithin thirty days uith thirty days* notice. Mr, Dillard moved to direct the City Attorney to prepare an Ordinance authorizing the rental of the property as recommended by the City Manager. The motion was seconded by Dr. Corn*Ii and adopted. TRAPFIC-$CItOOLS: The City Manager presented a tabulation of bids received by the Purchasing Agent on April 29. 1959, for furnishing necessary tools, materials, supplies, labor, etc., for the installation of school flasher signs at various locations in the city, the signs to be furnished by the City of Roanoke, the City Manager advising that the bid of Corer Construction Company. in the amount of $5.334.00, is the low bid and within funds appropriated therefor and recommending the acceptance of said lo~ bid. Mr, Dillard moved to concur in the recommendation of the City Manager and offered the following Resolution: (~13710) A RESOLUTION accepting the proposal of Corer Construction Company for the installation of electric overhead school flasher signs at various locations in the City; authorizing the proper City Officials to execute the requisite contract; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 23, Page 315.) Mr. Dillard moved the adoption of the Resolution, The motion was seconded by Mr, Webber and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Nebber. and the President, Mr. Wheeler ...................... NAYS: None ............................O. (Mr. Young absent) SEWERS: The City Manager reported that Jn pursuance of a directive of Council at its meeting of April 20. 1959, he estimates the cost of constructing toilet facilities in Thrasher Park to be $6,000.00 for the cost of constructing sam*rs in to the park, including cost of right of may; $5,500.00 for the erecti~ of toilet facilities, mhich would include a small supply room; and $500o00 for contingencies, making a total of 463 464 Ur. Mebber moved to table the matter until the next regular meeting of Council, The motion mas seconded by Mr. Anderson amd adopted, RUDiKT-RECREATION DKPARTHENT: The City Manager reported that the cost ~ changing the heating systems in the recreation centers at Jachson Parh and Garden City is greater than funds included in the~budget therefor and recommended that a transfer of $§00.00 be made from Repairs in the RecreationDepartment account to the Departmental Equipment and Improvements account In the budget. Dr. Cornell moved to concur In the recommendation of the City Manager and offered the following emergency Ordinance: (z13711) AN ORDINANCE to amend and reordaln Section ZllO, "Recreatfon Department,u and Section z144, #Departmental Equipment and Improvements,~ of the 1959 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 23, Page 316,) Dr, Cornell moved the adoption Of the Ordinance, The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Ptchett, Webber, and the President, Mr. Wheeler ...................... 6. NAYS: None ............................ O. (Mr. Young absent) REPORTS: Thr City Manager submitted a report of the Department of Public Relearn for the month of March, 1959, and reported other departmental reports on file in his office. The report was ordered filed, REPORTS OF COMMITTEES: SALE OF PROPERTY-MATER DEPARTMENT: Council at its meeting of April 20, 1959, having referred to a committee composed of Messrs. Arthur S. Owens, Chairmm Randolph G. Whittle and Harry R. Yates for study and recommendation an offer of Mrs. Lelia C. Reed. Mr. F, C. Rucker and Mr. J. A. Bollinger to purchase from the city a strip of land lying on the north side of Wyoming Avenue, N. W., east of Monroe Street. adjacent to their properties, for a consideration of $25.00, t~ committee submitted its report, recommending that the strip of land in question be sold to the adjacent property owners, provided the owner of the lot lying to the east thereof, which also abuts On a portion of the strip of land concerned, purchase that portion of the strip, and provided further that the respective property owners pay two cents per square foot for the portion of the strip abutting their property. Mr. Ander son moved to concur in the report o£ the committee and to nde! ~ the attorney for the petitioners of the action of Council in order that he may take the necessary action required by the report of the committee and so inform Council. The motion was seconded by Mr. Webber and adopted. UNFINSIHED BUSINESS: ZONING: Council at its meeting of April 27, 1959, having tabled until its next regular meeting the request of property owners that their properties lying on both sides of Memorial Avenue, S. N., between Memorial Bridge and the flusiaess District at Grnadin Road, along with two lots lying on Roanoke Avenue, S, W** adjacent to Memorial Avenue, be rezoned Cron General Residence District and Special Residence District to Dusfness District, the matter mas again before the body, The City Clerk advised that RFc R, T, Edwards, Attorney for the petitioners has reqnested that the petitioners be alloued to withdram their request and that the matter be stricken from Council's agenda, Rcs. Pickett moved to permit the withdrawal of the request and to strike CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CLAIMS: Council at its meeting of April 27. 1959. having directed the preparation of a Resolution authorizing the payment of $37.00 to Mr. Roy M. Tyree. covering damages to his automobile. Dr. Cornell offered the following Resolution: (~13712) A RESOLUTION directing the settlement of a claim of Roy Tyree against the City. (For full text of Resolution. see Resolution U,ok No. 23. Page 319.) Dr. Cornell moved the adoption of the Resolution. The motion was sec,nde by Mr. DilLard and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. and ~AYS: ~one ............................O. (Mr. Y,nag absent) JUVENILE DETENTION tlOME: Council at its meeting of April 27. 1959. having directed the preparation of a Resolution authorizing the City Manager to employ a, architect to prepare plans and specifications for the proposed Juvenile Detention Home. Mrs. Pickett offered the following Resolution: (~13713) A RESOLUTION authorizing the City Manager to employ an architect to prepare plans and specifications for the proposed juvenile detention home. (For full text of Resolution. see Resolution O,ok No. 23. Page 319.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. ~ebber. and the President. Mr. Wheeler ....................... 6. NAYS: None ............................O. (Mr. Y,nag absent) STATE HIGHWAYS: Council at its meeting of April 27. 1959. having directe the preparation of a Resolution committing the city to an expenditure not to excee $50.000.00 as its portion of a Federal Aid Urban project on State Route No. 117. in the northuest section of the city. Mr. Anderson offered the following Resoluti~ (~13714) A RESOLUTION advising the State HiRhway Department of this Council*s willingness to appropriate a sum not to exceed $50.000.00 as the City's 25 per cent of the estimated cost of Federal Urban Aid Project No. 0117-128-070 on State Route 117 in the northwest section of the City. 465 466 (For full text of Resolution, see Resolution Rook No, 23. Page 319,) Ur, Anderson moved the adoption of thb Resolution, The motion mas second by Mr, Webber and adopted by the following vote: AYES: Council members Anderson~,Cornell, Dillard, PJchett, Webber, and the President, Hr, Wheeler ...................... NAYS: None .....~ ...................... O, (Mr. Young absent) MOTIONS ANO MISCELLANEOUS BUSINESS: PURCHASE OF PROPERTY-SE~RS: The City Manager reported that subsequent to the action of Council at its meeting of March 23, 1959, directing the preparation of an Ordinance providing for the acceptance of a deed from Mrs, Belva R. Goad. traos~erriag to the city Lot 12, Hlock 34. East Gate Addition, lieu of payment of taxes and assessments thereon, M~, Goad has received an offer from Mr. Sam K, Heath to purchase the property for $230,00 cash, which would permit payment of the taxes and assessments against the property and leave a small amount for the property owner, the CityHanager recommending that the deed being held in the Office of the City Clerk be returned to Mrs. Goad, after the liens against the property have been paid, thus permitting her to make a direct sale of the property. DF. Uornell moved to concur in the recommendation of the City Manager. The motion was seconded by Mr. Anderson and adopted. There being no further business. Council adjourned. APPROVED COUXCIL, REGULAR Mondsy, #ny 11. 1959, The Council of the City or Roanoke met in regulnr meeting in the Council Chamber in the Munlcipnl Building, Rondny, Hiy 11o 19S9, nt 2:00 otcloch, the regulnr meeting hour, mith the Vice President, Hr. Mebber, presiding, PRRSEHT~ Conncil members Anderson. Cornell. Dillard, Pickett, Young, and the Vice President. Hr. Rebber ......................... 6. ABSENT~ The President. Mr. Mheeler ................ OFFICERS pRESENTx Mr. Arthur S. Omens, City Manager, Mr. Randolph Mhlttle. City Attorney. Mr. Harry R. Yates. City Auditor. end Mr. J. Robert Themes. City Cloth. INVOCATION: The meeting mas opened mlth a prayer by Mr. Arthur S. Omens. City Manager. MINUTES: Copy of the minutes of the regular meeting held on Monday. May 4. 1959. having been furnished each member of Council. upon notion of Mrs. Pickett seconded by Dr. Cornell and adopted, the readia9 was dispensed mith and the minutes approved ns recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLRYS~ A public hearing having been set for 2:00 o'clock. p. m.. May 11. 1959. in the Council Chamber. on the request of Spring Valley Development Corporation. et al.. that a portion of Montvale Road. 5. M.. in the Beverly Hills Subdivision. lying mast of Tlllett Road. be vacated, discontinued nod closed, and notice of the hearing having been published in The Roanoke Mould- News on April 24. 195g. and the matter having previously been referred to the City Planning Commission for study and recommendation, the hearing was held. The City Clerk presented a communication from the City Planning Commiss- ion. advising that the portion of the street requested to be closed will be relocated In the development of the property in accordance mith the subdivision lam and that the relocation will provide a better alignment and will be in the interest of the public, the City Planning Commission recommending that the request of the petitioners be granted. No one appeared in opposition. Mr. T. L. Plunkett. Jr.. Attorney for the petitiooers, appeared and requested that Council comply with the reeommenda~on of the City Planning Commission and grant the re, nest of his clients. Mr. Young moved that Council concur in the recommendation of the City Plannlng Commission and that the following Ordinance be placed upon its first reading: (siBYlS) AN ORDINANCE enacted pursuant to the provisions of Section 15-766.1 Of the Code of Virginia (1950) as amended to date. providing for the approval by the Council of the City of Roanoke. Virginia. of an lnstrnoent vacat- ing. discontinuing and closing o portion of Montvale Road. S. M** lying mess of Tlllett Road. according to the Map of Beverly Hills. .467 468 ~RERRAS. application has been made to the Council of the City or Roanoke to have approved o certoit instrument dated April g, igsg, executed by Spring Valle~ Develophent Corporation, et al. vncntin9o discontinuing and closing 8 portion of #ontvale Road. S. ~.. west of Tillett Road, according to the Hap or Beverly R~EREAS. thepetitio~ers have agreed to relocate and dedicate o new fifty- foot ~oad known ns aontvale Road in a slightly different location ~rom that por- tion uhomn on the Hap. of Beverly Bills; and RREDEAS, the City Planning Commission h~s considered the application and has r~commended that Council approve the vacating, d!scun~inuing and closing of said portion of aontvale Road. S. H.; and RREREA$. this Council cauaed proper legal notice of a public hearing cn the proposal to bo. published, calling for a heatlog un Bay Il, J959. at 2:00 o'clock, p. m,, in the Council Chamber, at which hearing interested p~rties were given an opportunity to be heard; and RBEREAS, this Council. after considering the evidence submitted, is of the opinion that vacating said portion of Hontvale Road in the wanner requested will not abridge or destroy any of the rights and privileges of other property omners within the bounds of the area of land shomn on the Hap of Beverly Hills and is further of ~he opinion that said request should be granted. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that that certain instrument executed by Spring Valley Development Corporation, et al., under date of April 9. 1959, vacating, discontinuing and closing said portion of Montvale Road, S. H.. according to the Map of Beverly Hills, be, and the same is hereby, approved by this Council as provided by Section 15-765.1 of the Code of Virginia (1950), as amended to date, reserving, however, unto the City of Roanoke a perpetual public easewent in said vacated portion of Hontvale Road for any existing public sewer lines, storm drains or water wains, if any there be. and the right of ingress and egress over said land for the waintenance, operation, repair, reuewal or replacement of the same. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that a certified copy of this Ordinance, together with a certified copy of the Petition filed herewith, he delivered by the City Clerk to the Clerk of the Bustings Court of the City of Roanoke, Virginia, and to the City Eaglneer of the City of Roauo~e, Virginia, that the City Engineer of Roanoke, Virginia, make appropriate notations of the vacation herein approved on the Official Map of the City of Roanoke and that the aforesaid vacation instrument dated April q, 195~, be recorded in the Clerk*s Office of the Hustings Court of the City of Roanoke. Virginia. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett., Young, and the Vice President, Hr. Hobber ............ 6. NAYS: Bone ...................O. (The President, Mr. Hheeler, absent) STREETS AND ALLEYS: A public hearing having been set. for 2:00 o'clock, p. m., May 11. 1959. on the request of Mr. Charles L. Pitzer, et al.. that an alley running it a north-south direction between First Street sad Second Street, S. and lying between Frnnklln Road and Del Avenue, be vacated, discontinued and closed, and viewers having been appointed to view the property and report thereon la accordance with Section 15-766 of the Code of Virginia, 19~0. by Resolution 13677, adopted on April 13o 1959, and the matter having been referred to the City Planning Commission for study and recommendation at the same time, and notice of the hearing having been published in The Roanoke Morld-News on April 24, 1959. the hearing wes held, The City Clerk presented the report O[ the viewers, advising that after viewing the property they ore unanimously of the Opinion that no inconvenience would result either to any individual or to the public from vacating the p~tion the alley in question. The City Clerk then presented a communication from the City Planning Commission. advising that in its opinion the adjoining property owners will not be adversely affected by closing the portion of the alley and that better use of the land can be had by so ding, the City Planning Commission recommending that Council grant the request of the petitioners. No one appeared in opposition. Mr. Sidney F. ~arhom, Jr., Attorney for the petitioners, appeared and requested that Council concur in the recommendation of the City Planning Commission and grant the request of his clients. Mr. Anderson moved that Council concur in the recommendation Of the City Planning Commission and that the foilo~ing Ordinance be placed upon its first reading: (~13716) AN ORDINANCE permanently vacating, discontinuing and closing a portion of a public aliaF fa the City o[ Roanoke, Virginia. running in a north- south direction between First end Second Streets. S. M.. which alley lies betMeeo Franklin Road and Day Avenue, S. R. WHEREAS. Charles L. Pitzer and others bare heretofore filed a petition before Council in accordance with law requesting Council to permanently vacate, discontinue and close the hereinafter described portion of an alley and dna notice of the filing of said petition was given to the public os required by law; and WHEREAS, in accordance with the prayers of the petition, viewers were appointed by Council to view the property and report in writing whether in their opinion any and, if any, what inconvenience would result from permanently vacating, discontinuing and closing the hereinafter described portion of the alley; and WHEREAS, it appears from the report in writing filed by said viewers in this proceeding (filed with the City Clerk together mlth the affidavit of said viewers on the 20th day of April, 1959) that no inconvenience would result either to any Individual or to the public from permanently vacating, discontinuing and closing said portion of the alley; and WHEREAS, the City Planning Commission has recommended to the Council in writing that the petition be granted and that the hereinafter described portion of the ~lley be permanently vacated, discontinued and closed; and 469 MHEREAS, it further appears that the petitioners have agreed to bear end defray the costs incident to this proceeding; uud MHKMEAS, · public hearing on the aforesaid petition of Charles L, Pitner and others was held by Council in the Council Chamber of the Municipal Building on May 11. 1959. at 2 o'clock, p, m., after notice thereof duly published in The Roeuohe World-News. a nemspsper published in the City of Roanohe, Virginia. at which hesrlug adjacent property owners and other interested parties mere given an opportunity to be heard for or against the proposed vacation of u portion of the alley; end WHEREAS, Council is Of opinion that no inconvenience would result from the closing of the portion of said alley as proposed in said petition and that the same should be permanently yacated, discontinued and closed to the extent hereinafter )rovlded; THEREFORE. BE IT ORDAXNED by the Council of the City of Roanoke that the following described portion of a certain alley In the City of Roanoke, Yfrglnla. running in a north-south direction between First and Second Streets, S. W., and lying between Franklin Road and Day Avenue. S, W., viz: BEGINNING at a railroad spike on the northerly side of the east-west alley running from First Street, S. W.. mestwardly and parallel to the property of Sunnyside, Incorporated, which point is situate S. EBo 23* W. 142o61 feet from the west side of First Street. S. M.; thence mith the easterly side of the portion of the alley to be closed, the following three courses and distances: N. 51° 34* W. 17 feet to a railroad spike; N. 0o 31' E. RE.g4 feet to an iron pin, and N. 4a 11' E. 34.73 feet to an iron pin; thence crossing the alley N. 87° 16' W. 12.59 feet to a point on the westerly side thereof; thence with the westerly side of the por- tion of the alley to be closed S. 0° 10' E. 75.39 feet to a point on the northerly side of the aforesaid east-west alley; thecce with the northerly side of the last=mentioned alley N. 09° 23* E, 23.35 feet to the place of BEGINNING. be, amd said portion hereby is, permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke and the public in and to said portion of an alley as such are hereby released insofar as Council is empowered so to do, the City of Roanoke, however, reserving unto itself a perpetual public easement in said vacated portion of the alley for existing public sewer lines, storm drains or water mains and the right of Ingress and egress over said land for the maintenance, operation, repair, renewal or replacement of the same. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is. directed to mark "permanently vacated, discontinued and closed# on the above= described portion of said alley on all maps and plats on file in the office of the City Engineer of the City of Roanoke on which said alley is shown, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread, BE XT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia. an attested copy of this ordinance in order that said clerk may record the same and make proper notation on all maps oF plats recorded in his office upon which is shown the portion Of an alley herein permanently vacated, discontinued and closed, as provided by lam. The motion mas seconded by Mr. Young and adopted by the follomJng vote: AYES: Council members Anderson, Corsell, Dillard, Pickett, Young, ·nd the Vice Preside·t, Er. Webber ......... 6. NAYS: None ....................O, (The President, Hr. Wheeler, absent) PETITIONS AND COMMUNICATIONS: PARES AND PLAYGROUNDS: The City Clerk presented O commu·icstJoo from the Willi·mson Road Recreation Club. requesting that the land ·dJ·cent to Hurt L·ne School be developed into a park, including · bnseb·ll dl·mond for chlldreo*s baseball, ocd ·lso requesting the provision of a baseball diamond in Preston Park, the club ·dvising that there are no f·cilities avail·bin for sandlot footb·ll teams and requesting consideration of entabllskfng suck facilities eitker at Preston P·rk or Huff L·ne. Mr. W. Donald Dobbs and several members of the club appeared before Council in support of the request. Mr. Anderson moved to refer the matter to the City Manager for study and recommendation, including the estimated cost of complying witk the request. The motion mas seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS: STREEY LIGHYS: Tke City Manager presented two lists of street lights which he recommended be installed in various sections of tbe city. Mr. Young moved to concur in the recommendation of the City Manager and offered the following Resolution for improving the ligkting on Ckurch Avenue, (mlSTl?) A RESOLUTION authorizing thc Installation. replacement and removal of street ligkts on Ckurck Avenue, S. W.. between Tkird Street and Fiftk Street. (For full text of Resolution. see Resolution Hook No. 23, Page 320.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Hrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Young, and the Vice President, Mr. Nebber ......... NAYS: None ....................O. (The President. Mr. Wheeler, absent) Mrs. Pickett tken offered the following Resolution providing for the installation of street ligkts at various locations in the city: (n13716) A RESOLUTION authorizing the installation Of street ligkts at various locations in the City of Roanoke. (For full text of Resolution. see Resolution Book ftc. 23, P·ge 321.) Mrs. Pickett moved the adoption of the Resolution. The motion mas seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Young, and the Vice President, Mr. Webber ......... NAYS: None ....................Oo (The President. Mr. Nheeler. absent) DEPARTMENT OF PUBLIC NELFARE: The City Manager reported that the cost of kospitallzatlon and drugs for Indigents and for welfare cases in the city is · 47.1 472 rising and presented Miss Bernice F. Jones, Director of Public Welfare, who vised that while the City Home, which now. has approximately sixty patients, is reducing the load on the hospitals at a lesser rate per patient day for conval- escence in the City Home, the overall number Of patients ls increasing and the cost of medicines for the care of indigents is rising due to new drags, Hiss Jones stating that the rate per patient day for hospitalized cases has risen from $17.60 in 1958 to $16.50 In 1959. The City Manager then presented Miss Genevieve Camden. Superintendent of Public Welfare, aha odrfaed that the welfare case lead has Increased to 147 cases os the average in the last twelve months due to the recent economic upset and the fact that grants are being paid to persons in the City Home, Hiss Camden pointing out, however, that persons In the City Home receiving welfare grants are paying the city for their upheep in the Home, therefore, a portion of the increased welfare cost is not actually out-of=pocket expense insofar as the city is concerned The City Hanager advised that bringing this matter to the attention of Council is for advisory purposes only and that no action is required. WATER DEPARTHENT: The City Manager recommended the adoption of an Ordinance providing for the amendment of Rules 17. 2H and 34 of the Mater Depart- ment Rules and Regulations, advising that the purpose of the amendment is to provide penalties under Rules 17 and 29 and to add to Rule 34 a provision for the use of water from fire hydrants in cases of emergency. Mrs. Pickett moved to concur In the recommendation of the City Manager and Offered the following emergency Ordinance: (#13719) AN ORDINANCE to amend and reordain Rules 17. 20 and 34 of the Hater Department; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 322.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett. Young, and the Vice President, Mr. Hebber ........ NAYS: None ...................O. (The President. Mr. Hheeler. absent) AIRPORT~ The City Manager reported that American Airlines. Incorporated, as of January 1, IqSq, requested an additional sixty-nine square feet of storage space in the basement of the Terminal Hnildlng at the Roanoke Municipal Airport which was leased to the airlines as of that date at the rate of $1.00 per Square foot per annum, the City Manager recommending the adoption of a Resolution ratifying and approving the action in leasing the additional space Iff order that the contract between the City of Roanoke and American Airlines, incorporated. might be changed. Mr. Anderson moved to concur Iff the recommendation of the city Manager and offered the following Resolution: (~13720) A RESOLUTION ratifying and approving the lease to American Airlines, Inc.. of 69 additional square feet of basement storage space in the Yerninal Building at Roanoke Municipal Airport as of January 1, 1q59. (For full text of Resolution, see Resolution Book No. 23. Page 323.) Mr. Anderson moved the ad~ption or the Resolution. The motion uaw seconded by Hr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Young, and the Vice President, Mr, ~ebber ........ 6, NAYS: None ...................O. (The President, Mr. Wheeler. absent) OELINOBEB! TAXES: The City Manager submitted a list of properties in the city on which delinquent taxes have accrued for a number of years and on mhfch there are semer assessments, the Delinquent Tax Collector having recommended that they be subjected to the liens on the properties for the collection of the taxes and assessments, and recommended that Council adopt a Resolution authorizing the City Attorney to cause suits to be Instituted against the various properties. Mr. Young moved to concur in the recommendation of the City Manager and offered the following Resolution: (ulST21) A RESOLUTION authorizing and directing the City Attorney to cause suits in equity to be instituted and conducted for the purpose of enforcing the City's lien for delinquent taxes and other assessments against certain properties standing in the name of the respective record owners thereof. (For full text of Resolution. see Resolution Book No. 23. Page 324.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Corflell, Pickett. Yonng. and the YJce President. Mr. Webber .................. S, NAYS: Mr, Dillard .............1. (The President, Mr. Nheeler, absent) SCHOOLS-STREETS AND ALLKYS-SIDEMALK, CURB A~D GUTTER: The City Manager submitted a communication from the City Planning Commission. advising that the Roanoke City School Board has offered to dedicate a IS-foot strip of land along the west side of ~he Williams property for the widening of ~est Side Boulevard, N. M., and a lO-foot strip of land along the south side of said property for the widening of Dens=ore Bond. N. N.. the School Board baying requested that the city construct at no expense to the school funds concrete sidewalk, curb and gutter for the school site, the City Manager informing Council that the estimated cost of constructing sldemalk, curb and gutter for the school ~ te is Sb. O00.O0 and that in order to provide for construction thereof it will be necessary to appropriate that amnunt and amend the contract between the City of Roanoke and A. D. Alford and Bartman Construction Company covering the current sidewalk, curb and gutter program. Hr. Young offered the following emergency Ordinance appropriating $6.000.00 to the Contractors account under Street Construction: (#13722) AN ORDINANCE to amend and reordain Section mi40. "Street Construction," of the 1959 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 23, Page 325.) '473 '474 Mr. Young moved the adoption of the Ordinance, The motion was seconded by Hr. Anderson und odopted by the folloulng vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Young, and the Vice President, Hr. Webber ......... 6. RAYS: Roue ....................O. (The President, Rt. lheeler, absent) Hr, Young then moved to direct the City Attorney to prepare a Resolution providing for the amendment of the contract betueen the city and A. D. Alford and Bartman Construction Company by increasing the amount thereof by $6,000.00. Yhe motion was seconded by Hr. Anderson and adopted, In reply to a question, the City Attorney advised that the land comprising the school site fs owned by the City of Roanoke and no action in required to provide for the widening of the street by use of portions thereof. REPORTS OF COMMITTEES: ~ONE. UNFINISHED BUSINESS: COUNCIL: Council having previously discussed the question of Its summer schedule, Mrs. Pickett moved that Council meet on a semlmeekly basis durin9 the months of June, July. and August, meeting on June 1, 1959, and alternate weeks thereafter. The motion was seconded by Dr. Cornell and adopted. ZONING: Council at its meetings of April 13. 1959. and May 4, 1959. having referred to the City Planning Commission for study and recommendation the requests of Mr. L. ~. Rochester. et al.. and Jessie E. and Edith B. Nichols that their properties located on Vernon Street, S. E., south of Dale Avenue. being Official Tax Nos. 4311R01-4311205, inclusive, and Official Tax No. 4320601. be rezoned from General Residence District to Light Industrial District, the City Planning Commission submitted its report, advising that doe to the proximity of the land to an existing Light Industrial District, and its topography, the Con- mission is of the opinion that the properties are more suitable for industrial purposes than for residential purposes and that the rezoning of them will not adversely affect the nearby residential neighborhood, the Commission, therefore, recommending that Council grant the requests for rezonlog. Hr. Anderson moved to hold a public hearing in the matter at 2:00 o'clock, p, m,, June 15, I959, in the Council Chamber, the Attorney for the petitioners to prepare the proper notice thereof, have it approved by the City Attorney and present it to the City Clerk for publication. The motion mas seconded by Mr. Young and adopted. ZONING: Cooncil at its meeting of May 4. 1959, having referred to the City Planning Commission for study and recommendation the request of Rlise B. and David I. Roomaw that their property designated as Lots 9, l0 and 11. Block 6, Airlee Court, located on the east side of Mllliamson Road near the city limits, be resorted from Special Residence District to Business District, the City Planning Commission submitted its report, advising that since the property is adjacent to au already established Basineas District the Commission is of the opinion that it is more suitable for business than residential purposes, the Commission, therefore, recommending that Council grant the request for renoning. ars. Pickett moved to hold n public bearing in the matter nt 2:00 o'clock, p. m** June 15, 1959, lB the Council Chamber, the Attorney rot the petitioners to prepare the proper notice thereof, have it approved by the City Attorney end present it to the City Clerk for publication, The motion mas seconded by Young ned adopted. ZONING: Council mt its meeting of May 4. 1959. having referred to the City Planning Commission for ntudy end recommendation the requent of Mr. LeJgb Barton that his property located on the southeant corner of Cleveland Avenue end Thirteenth Street, S. M., designated as Official Tax No. 1221001, be rezoned from Genernl Residence District to Dusiness District. the City Planning Commission submitted its report, advising that it has had a preliminary study of the area in the vicinity of Thirteenth Street Bridge under may for several weeks and in its opinion there is no need for additional business property in that neighborhood ut this time, that therezouing of the property of the petitioner would result in #spot~ zoning which mould be contrary to the best interests of nearby residential property owners as mell as the public at large, the Commission, therefore, recom- mending that the request be denied. Mr. T. L. Plunkett, Jr.. Attorney for the petitioner, appeared and requests that Council take no action On the mutter until its next regular meeting at #hick time he will advise whether or not his client desires a public bearing. There being no objection, on direction of the Chair, the matter was tabled until the next regular meeting. ANM£XATXOM: Council at its meeting of May 4, 1959. having tabled until its next regular meeting the question of possible annexation, the matter was again before the body. There being no objection, on direction of the Chair, the matter mas tabled until the next regular meeting when the entire Council may be present for its consideration. RECREATION D£PARTMENY-SCflOOLS-SEM£RS: Council at its meeting of May 4. 19Sg. having tabled until its next regular meeting the question of constructing toilet facilities in Thrasher Park, and at its meeting of April 20. 1959. having referred to the Roanoke City School Board, for its comment, the suggestion Of the residents of the area that in lieu of constructing a community center in Thrasher Park an elementary school be constructed therein for use of the residents of that section and to provide a school mhere the children of the area could attend rather than having to be sent to other sections of the city. the matter was again before the body. The City Clerk presented a communication from the Roanoke City School Board. advising that since previous commitment has been made for the entire pro- ceeds of the SB.O00,000.O0 school bond issue there are no funds available for an elementary school in Thrasher Park at this time. the School Board pointing out that no children in that particular area are on double sessions. Mrs. Pickett moved to table the matter for consideration along with the 1960 budget. The motion was seconded by Mr.' Young and adopted, Councilmen Cornell and Dillard voting no. 475 476 BUDGET-TRAFFIC: COSucll at Its meeting of Buy 4. 1959. having tabled until its next regular ~eetln9 the'suggestion of the Roanohe Valley Safety CSuucil that the City of Roanoke becomen member of said council, the matter was again before the body. ' ' Nr. Young stated that the amount of the city's membership, based on the City Manager's suggestion of $25.00, ia snail and that the Roanohe Yuliey Safety Council is note interested In the support of the city being officially expressed than Jn the Boney itself, Mr. Young moving that the following Ordinance, appro- priating foods for the membership, be placed upon its first reading: (x13723) AN ORDINANCE to amend and reorduin Section si, WConncil' of the 1959 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanohe that Section el. "Council,' of the 19S9 Appropriation Ordinance. be, and the sane is hereby, amended and reordniaed to rend as follows, in part: COUNCIL xl Incidentals (1) ................................. $ 1.?75.00 (1) Roanohe Valley Safety Council .... $25.00 The notion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Pickett, Young, and the Vice President, Mr. Mebber ............................................ 4. NAYS: Council members Cornell and Dillard ....2. (The President, Mr. Mheelel absent) CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY HOME: Council at its meeting of May 4, 19§9, having directed the preparation of an Ordinance providing for the rental of the cnretaher*s house at the old City Farm. Mr. Young moved that the folloning Ordinance be placed upon its first reading: (#13724) AN ORDINANCE authorizing the rental of the caretaker's house at the old City Farm. MHEREAS, the City Manager has recommended the adoption of this ordinance, in which recommendation this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City Of Roanoke that the City Manager be, and he is hereby, authorized to rent the caretaker's house at the old City Farm to an acceptable lessee upon such terms as he may deem best; including, however, a monthly rental of not less than $45.00, payable in advance. and containing a clause permitting the City to repossess the property at anytime upon thirty (30} days' written notice. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Yopng, and the Vice P~sident, Mr. Mebber .............. 6, NAYS: None ......... ~ ........... O. (The President, Mr. Mheeler, absent) MOTIONS A~D MISCELLANEOUS BUSINESS: T~AFFIC: Mr. A. F. Magnet appeared before Council and stated that there has been no action on the part of the city to place o traffic light at Seventeenth Street ·ad Oronge Avenue, H, W., mhlch he hzs previously requested and which he understood Council had authorized, The City Munager pointed out thzt he has caused severzl surveys to be mude in connection with the previous request of Mr. Wsgner, none of mhlch substantiated the needfor · traffic signzl at this intersection, and that he cannot recommend the establishment of such · signal at the intersection, the City Maasger pointing out; however, that the school flashing signal nearby will be changed to · modern type under the present program, bat that If Council desires, a survey of the intersection can be made by disinterested persons In order to satisr~ Mr. Wagner that there is no bias on the part of municipal officials, DF. Cornell moved to direct the City Manager to cause a disinterested survey to be made of the traffic at the iAersection of Seventeenth Street and Orange Avenue, ~. W.. for the purpose of determining the need for a traffic signal at that point, the report thereof to be submitted to Council. The motion was seconded by Mr. DiBard and adopted, MATER DEPARTMENT: Dr, Cornell stated that he has been approached by several residents of the city, requesting that the clty*s water reservoirs at Falling Creek and Hearer Dam be opened to public fishing, that it Is als under- standing the property has been open to public fishing ia the past. but has recently been closed, and that several citizens of the city have beenapprehended by authorities tn Bedford County and fined for trespassing on the property. The City Manager stated that insofar as the records would disclose the property has been posted against trespassing since its acquisition by the City cf Roanoke, and for many years prior thereto, and that all Sidling done heretofore has been by poachers, the City Manager expressing the opinion that in order to open the lakes to public fishing ft will be necessary to provide funds for the supervision thereof, pointing out that a fire hazard on the watershed would be created. Dr. Cornell moved to direct the City Attorney to prepare a Resolution permitting public fishing on the Beaver Dam and Falling Creek Lakes, math the proviso that no fires will be permitted. The motion was seconded by Mr. Dillard and adopted. PURCHASE OF PROPERTY~STREETS A~(I) ALL~YS: Mr. Young stated that he has been advised by Mr. Leo F. Heaebry that the strip of land proposed to be taken from his property located on the west side of the proposed extension of Whiteside Street. N. E,, instead of being twenty feet mide ranges up to seventy feet wide, Mr. Young stating that this is contrary to his understanding of the matter at the time it was presented and moving that the City Manager be requested to bring to the next regular meeting of Council the pla~s for widening and extending Mhiteside Street In the vicinity of the property of Mr. Renebry for consideration 'of the body. The motion was seconded by Dr. Cornell and adopted. There being no furtber business, Council adjourned, APPROVED ClerR President 47:7 47 8 COUNCIL. REGULAR Monday. Ray lB. 1959. The Council of the City of Roanoke met la regular meeting in the Council Chamber ia the Municipal Ruilding. Monday. May 19. lgSg, at 2:00 otclock, po m,o the regular meeting b,ur. mith the President. Mr. [heeler. presiding. PRESE~4T: Council members Anderson. Corn,Il. Dillard. Pickett. Robber. Young. and the President. Mr. Rheeler ............. ABSEN'F: None ............................. O. OFFICERS PRESENT: Rt. Arthur S. Ouens. City Raring,r. Rt. Randolph Mhittle. City Att.m,l. Mr. Barry R. Yates. City Auditor. and Rr. J. Robert Thomas. City Clerk. IN¥OCATION: The u,,ting was opened mith a prayer by the Reverend #tilard Rewis. Jr.. Assistant Pastor. Greene Rem,rial Rethodist Church. HINUTES: Copy of the minutes of the regular meeting held on Honday. Hay Il. seconded by Hr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: NONE. PETITIONS AND COHRUNICATIONS: BUILDING PROJECTS: The City Clerk presented a communication frou the Southwest Section. Virginia Chapter. The A~erican Institute of Architects, request- ing that Council reconsider the present method of selecting architects for the city's building projects, pointing out that the city has heretofore requested architects to submit sketches ~or the proposed buildings, from which selections would presumably be made of the architects to be employed in connection with building projects, and advising that hastily prepared sketches are worth very little and that the furnishing of such sketches in competition ~ith other architects is contrary to the ethics of the profession, the Institute suggesting that Council select an architect for any project in the future as it would obtain any professional services for the city on the basis of ability, experience and personal integrity, and advising that the group ~ould appreciate an opportunity by Dr. Cornell and adopted. STREETS ANO ALLEYS: The City Clerk presented a petition fro= residents of blachtopped. along with other like requests. The motion ~as mconded by Hr. [ebber and adopted. STREETS A~D ALLEYS: The City Clerk presented a petition from residents of Hamilton Avenue, S, W,, requesting that said street be blacktopped, Mr, Young moved to refer the matter to the City Manager fur consideration, along with other like requests. The notion mas seconded by Mr, Mebher and adopted HEPORYS OF OFFICERS: PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of Ray I1, 195q, having directed the City Manager to bring to ltl uezt meeting a nap showing the proposed widening and straightening of Mhiteside where it affects the property of Mr. Leo F, Henebry, the City Man~ger presented a map Indicating that the proposed widening of the street on the west side of what Is presently Hollins Road, N. E,, north of Preston Avenue, would take from the front of Mr, Henebry's property a strip of land ranging from twenty feet wide at the intersection of Frontier Avenue to approximately eighty-nine feet wide at the intersection of Preston Avenue, the City Manager advising that in his opinion Mr. Ilenebry Is justified in requesting the construction of concrete curb and 9utter un Hollins Road and on Preston Avenue In the front of and on the side of his property, and, in addition, a $500.00 cash consideration, for the property required by the city. Mr. Webber pointed out that a portion of #hiteslde Street previously straightened and widened has had no curb and gutter installed along certain sections thereof, nor has proper street pavement been constructed, and moved to refer the matter back to the City Manager with the instruction that he furnish Council an estimate of the cost of constrncting curb and gutter and proper pavement on the sections of the said street heretofore widened and straightenedv as well as the section now being considered, the estimate to be furnished on the basis of completion to three stages. The notion was seconded by Mrs. Pickett and adopted. PARKS A~H PLAYC~OUND$: Council at Its meeting of May 11, 1959, havln~ referred to the C!ty Manager for study and recommendation a request of the Williamson Road Recreation Club that the portion of the Huff Lane School tract not used for school purposes be developed.into a park and recreational area and that additional sandlot football fields and baseball diamonds suitable for little league and other type baseball teams be constructed both at the Huff Lane School site and in Preston Park, the City Manager reported that funds are available in the current operating budget for the development of another baseball diamond whicl is already planned adjacent toHuff Lane School, and, also, for the provision of a football field west of Preston Park School, and that in his opinion other improvements should be deferred for consideration along with next year's budget, the City Manager advising that immediate action will be taken to provide the additional football field and baseball diamond referred to in the report. Mr. Young moved to concur in the report of the City Manager, The notion was seconded by Mr. Dillard and adopted. 479 4'80 TRAFFIC-CURB AND GUTTER-STREETS AND ALLEYS: The City Manager reported that bids will be received on May 19, 1959, for Improvements to the intersection of Persinger Road and Brambleton Avenue, S, M,, and that In this connection Mr, Stanley M, Melch has agreed to convey to the city approximately 70450 square feet of land on the south side of Persinger Road for street widening purposes, pro- vided the city will construct corb and gutter along the entire frontage of his property on Persinger Road and Brambleton Avenue, with a standard driveway crass- over,, will replace the owner's concrete steps leading from his property to Persiager Road, together with adequate wings or walls along said steps, ~ 11 satisfactorily reconnect the existing sewer line serving the residence of the owner, and will grade the owner*s property fronting on Persinger Road along the new property line, the City Manager recommending that Council adopt aa Ordinance accepting the offer of Mr, Welch. Mr. Young moved to table the matter until the next regular meeting of Council, at which tine bids received for the constructlonwork will be available, EASEMENTS-STORM DRAINS-BRIDGES: The City Manager reported that Mr. J. R, Root has agreed to convey to the city an easement for the installation of a storm drain and the replacement of a sewer line in a 30-foot wide private roadway extending across his property eastward from Whiteside Street, N. E.. to the Norfolk and Western Railway Company Shenandoah Division right Of way. and recom- mended that Coancil accept the offer. Rrs, Pickett offered the followin9 emergency Ordinance accepting the offer of Mr. Root: (~13725) AN ORDINANCE providin9 for the acquisition of a perpetual ease- ment for a IS-inch public sanitary sewer line and a 42-inch public storm drain in an existing 30-foot wide private roadway extending easterly from Whiteside Street. N. Eo, to the Norfolk and Wester~ Railway Company*s Shenandoah Division right of way; and providing for an emergency. (For full text of Ordinance. see Ordinance Book no. 23, Page Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: and the President. Mr, Wheeler ................. 7. NAYS: None ............................ BUDGET-STREETS AND ALLEYS: The City Manager presented a communication fro~ the Director of Public Works, advising that the present street surfacing program is nearing completion and recommending that Council appropriate additional funds in the amount of $100,000,00 for the extension of this program, the City Manager reporting that the Adams Construction Company has agreed to extend its contract covering this work by adding thereto $100.000.00 of additional paving at the prices contained in said contract and that it is the recommendation of the Director of Public Works that such extension be authorized in order to provide additional paving of streets in the city during the current fiscal year. the City Manager making no recommendation, but advising that in his opinion Council should consider the need for conserving its cash assets nt this time, Mr. Webber moved to file the report for further consideration. The motion nas seconded by Mtso Pickett and adopted. ELECTIONS: The City Manager presented a tabulation of bids received by the Purchasing Agent for printing 150 copies of the 1959 voting list. showing the bid of Hammond's Printing and LJtho. Works, at a price of $11,29 per page, at total estimated cost of $5,634.00. as low. and recommended the acceptance of the low bid, Mr. Young moved to concur in the recommendation of the City Manager a~ offered the following Resolution: (~13726) A RESOLUTION accepting the bid of Ilammond's Printing & LJtho. Rorks for printing the City of Roanoke Voting List. (For full text of Resolution. see Resolution Book No. 23, Page 331.) Mro Young moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following yote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebbet, Young. and the President. Mr. Wheeler .......... 7. NAYS: None ............................O. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: SALE OF PROPERTY-WATER DEPARTMENT: Council at its meeting of May 4, 1959 having concurred in the report of its committee recommending the sole of a strip of land along Wyoming Avenue, N. W,, to the adjacent property owners, provided that said property owners would agree to purchase the land at two Cents per square foot, and that the fourth property owner, not hating previously requested the purchase of the property adjacent to his lot, would agree to toke the said section, the City Clerk reported the Mr. J. Thomas Engleby, Ill, Attorney for the property owners concerned, has advised, in writing, that Lelia C. Reed, F, C. Rucker and J. A. Bollinger have agreed to the terms recommended by Council's committee, and, also, has filed a letter from Mr. Frank G. Payne, Jr., owner of the adjacent lot, Official Tax No. 2770405. agreeing to purchase the portion of the strip of land adjacent to his lot at two cents per square foot as recom- mended by the committee, the City Clerk advising that the City Attorney has prepared an Ordinance providing for the sale of the property concerned. Mr, Anderson moved that the following Ordinance be placed upon its first reading: (~13727) AN ORDINANCE providing for the sale of a narrow triangular strip of land on the north side of gyoming Avenue easterly from the intersection of Monroe Street. WHEREAS, the City has received written offers f~ m Lelia C. Reed, F. C. Rucker, J. A. Hollinger and Frank D. Payne, Jr., to purchase that portion of a narrow triangular strip of land that is contiguous to their respective properties 481 482 situate on the north side of Wyoming Avenue, easterly from its intersection with Monroe Street0 ut the price of two cents per square foots and MEEREAS, in the opinion of n committee of this Council and of tbJs Council, the shove offers are fair ones and should be accepted. TR£R£FOR£, DE IT ORDAINED by the Council of the City of Roanoke as follows: 1, That the written offers of Lelia C, Reed, F. C, Rucker. J. A. Dollinger and Prank G, Payee, Jr** to purchase that portion of a narrow triangular strip of land that Is contiguous to their respective properties situate on the north side of Wyoming Avenue, easterly from its intersection with Monroe Street, at the price of two cents per square foot, be, and each of said offers is hereby, accepted. 2, That the proper City Officials be, and they are hereby, authorized and directed, for and on behalf of the City. to execute proper deeds, to be prepared by the Attorney for the purchasers and approved by the City Attorney, conveying, with special warranty Of title, the above-described property to the aforesaid offerers and to deliver the same upon receipt of the cash considerat~n. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett, Webber. Young. and the President, Mr. Wheeler ................. ?. NAYS: None ............................ O. ANNEXATION: Council at its last regular meeting having tabled the question of possible annexation until its meeting of May 18, 1959. the matter was again before the body. The City Manager presented a letter from Wiley and ~ilson, Consulting Engineers, Lynchburg, Virginia, advising that the firm will furnish its services in connection with the proposed annexation study or proceeding, including the preparation of exhibit maps consisting of land use, zoning, utilities, public of utilities to be taken, public schools or other properties to be taken by the agreed upon or proposed by the city; assistance in the preparation of the proportion of public debts to be assumed; assistance ia directing the canvass license taxes of various kinds; furnishing maps for the State Corporation Com~ mission to obtain public utility valuations; and, in general, performing all services not furnished by the city or its legal counsel, or other professional *~. Our compensation shall consist of the total of the project. *Technical personnel cost' shall (! i connection with the project and paid in accordance with the wages and salary rates in force in our offices for the respective type of work involved qt the time the work Is performed, adjusted to the basis of actual working hours'per year'ln'rurce at the time in our offices, Principals* time shall likewise be construed to be technical personnel cost when actually working in connection with the proJect. No overtime work requiring rates higher than regular rates will be performed unless authorized by you in writing, The time of principals end technical personnel traveling In connection with the project when'such travel is required or authorized by you shall be construed to be any time engaged upon the project up to 8 hours per day, Partners time is calculated at $5.00 per hour, Ao We shall also be reimbursed for overhead expenses in an amount equal to 65~ of the above total of technical personnel cost as defined above to cover general overhead which includes such items as salaries of non-technical personnel. including secretaries, stenographers, messengers, typists, file clerks, office rent, business and professional license and taxes, group and other Insurance, bookkeeping, general telephone expense, auditing, supplies, office maintenance, deprecia- tion of equipment, as well as time of technical personnel and principals not directly chargeable to the project. ~. We shall be paid for professional services and profit, a sum equal to !/3 of the total cost A. In addition to payment provided for in with the project; transportation and living traveling in discharge of duties in connection with the project. Tests, legal fees, certified public other such expenses directly applicable to the project authorized In wrttlng by you shall llkewlse lncurred by the Engineers shall be rendered to you monthly showing the cost during that period and indicating the status of the project work which has be in such form and detail as required and specified by you. [. Our disbursements and job records shall be subject to audit by an auditor employed by you if ~. Approval or disapproval of invoices by you shall be made Within 30 days after submission of within 60 days after submission, 1900 hours of working time annually at 8 hours per day of pro-rata part thereof. ~. Appearance in court will be on the basis of $125. per day for principals or partners of the*firm. $100. for associates of the firm and $75. a day for reimbursable. These charges outlined in this sub- paragraph are separate and distinct from those 483 ;484 After a general discussJou of the latter, Mr, ¥cbber moved to establish, rat purposes of the study by the City aud its consultants ia conneotion with annexation, Areas A,B, C, D a~d E, os recouueoded by ~arlaud Dartbololel and Associates in the firm's report subuitted to Council on Hay 4, 1959, The motion was seconded by Mr. Anderson and adopted, #r. Webber then offered the follouing Resolution proTfding for the euployment of Wiley and Wilson, Consulting Engineers: (~1372~) A RESOLUTION authorizing the City Manager to employ Wiley ~ Wilson. Consulting Engineers of Lynchburg, Virginia, to make requisite studies and exhibits and to testify in the City*s proposed annexation suit against Roanoke County. (For full text of Resolution, see Resolution Book No, 23, Page 331o) Mr, Yebber Iored the adoption of the Resolution. The motion las seconded by Mr, Young and adopted by the following vote: AYES: Council members Anderson, Pickett, Webber, Young, and the President Mr. Rheeler ............................ 5. NAYS: Council members Cornell and Dillard ............2. ZONING: Council at its meeting of May Il, 1959, having tabled until its next regular meeting the request of Mr. Leigh Dortin that his property located on the southeast corner of Cleveland Avenue and Thirteenth Street, $, W,, be rezoned from Special Residence District to Dusiness District. and the City Plan- ning Commission having previously recommended that the request for rezonlng be denied, the matter was again before the body. The City Clerk advised that the petitioner has requested pereission to withdrau his petition for rezonin9. STREETS AND ALLEYS: Ordinance No, 15715, vacating, discontinuing and been before Council for its first reading, read and laid over, was agaio before final adoption: 15-766.1 of the Code of Virginia (lqSO), as amended to date. providing for the (For full text of Ordinance. see Ordinance Dook No~ 23, Page 326.) STREETS AND ALLEys: Ordinance No, 13716, vacating, discontinuing and closing a portion of an ulley running in a north-south direction between First Street and Second Stre~ ~ S. ~,, lying between Franklin Road and Day Avenue, having previously been before Council for its first reading, read and laid over, was again before the body, Mr, Young offering the following Ordinance for its second reading and final adoption: (n13716) AN ORDINANC£ permanently vacating, discontinuing and closing a portion or a public alley In the City of Roanoke, Virginia, running in a north-south direction between FiFst and Second Street, S. #.. which alley lies between Franklin Road.and Day Avenue, S, (For full text of Ordinance, see Ordinance Oook No. 23, Page 327.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Corn*Il, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ........... 7. NAYS: None ............................O, BUDGET-TRAFFIC: Ordinance No. 13723, appropriating $25.00 for a member- ship of the City of Roanoke in,the Roanoke Valley Safety Council, baying previously been before Council for its first reading, read and laid over, was again before the body, Mr. Young offering the foil*win9 for its second reading and final adoption: (~13723) AN ORDINANCE to amend and reordaln Section =l, "Council," of the 1959 Appropriation Ordinance. (For full text Of Ordinance, see Ordinance Book No. 23, Page 329.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Pickett, Webber, Young, and the Presiden Mr. Wheeler ............................................. NAYS: Council,members Corn*Il and Dillard ...... CITY FARM: Ordinance No. 13724, authorizing the rental of the caretaker'! house at the old City Farm, having previously been before Coancii for its first reading, read and laid over. was again before the body, Mr. Dillard offering the following for its second reading and final adoption: (~!3724) AN ORDINANCE authorizing the rental of the caretaker*s house at the old City Farm. (For full text of Ordinance. see Ordinance Book No. 23, Page 329.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Corn*Il and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Mebher, Young and the President, Mr. Mheeler .................. 7. NAYS: None ............................ O. 485 486' MATER D£PAR~MENT: Coqncil at its meeting of May 11, 1959, having directed the preparation of an Ordinauce permitting fishing in the Beaver Dam and Falling Creeh Reservoirs, Dr. Cornell offered aa Ordinance conditionally permitting persons to fish in the city*s Beaver Dam Reservoir and providing for an emergency, The City Manager advised that the Manager of the Mater Department, the Commissioner of Bealth and several other city officials and employees bare investigated the matter and are present for a discussion of the matter with Council. Mr, R, E, Pillow, Manager of the Mater Department, advised Council that in his opinion l~ would be necessary to provide for patrolling the watershed and lakes in the Beaver Dam and Falling Creek Reservoir areas to protect the city's water supply if fishing were permitted, Dr. Margaret M, Glendy, Commissioner of Bealth, advised Council that, from a public health standpoint, she Is opposed to permitting fishing in the lakes as loug as they are used as a source for public drinking water, Dr, Glendy stating that the filtration equipment in use for that source of water, while adequate for normal usage, is not, in her opinion, capable of purifying the water if fishing is permitted in the area without proper sanitation facilities. Mrs. Donald D. Grefner, representing the League of Women Voters, appeare¢ before Council and advised that the League is opposed to fishing in the two lakes concerned without providing adequate sanitary facilities and a security patrol. Mr, Davis Ho Elliot appeared before Council and stated that he has a mumm home in the vicinity of the Beaver Dam Reservoir which Js served by a private road that is the most available avenue of access to the reservoir and that because of previous depredations on his property, damage to his road and the hazard created by fire s in the area it will be necessary for him to~uy the use of his private road to the public. The City Manager advised that Dr. W, P. Jackson, Director of the Bealth Department of Bedford County, Just prior to the meeting of Council, requested, by telephone, that no action be taken to permit fishing in the two reservoirs until the Bedford County Bealth Department can make an investigation of the result on residents of the county using the city's water supply. Dr, Cornell stated that subsequent to the action of Council on May 11, 1959, directing the preparation of an Ordinance providing for permission to fish in the two lakes, the newspapers reported that approximately 150'cars descended upon the area on Tuesday, May 12, IGC9, interfering wit~ logging operations on the watershed and blocking the roads leading into and from the area, and that he has been unable to find anyone to substantiate this statement in the newspapers, Dr, Cornell introducing a Mr. Ningfield who operates a filling station near the entrance to the Beaver Dam Lake, Mr, Nlngfield advi~ng Council that he was In the vicinity all Of that day and saw only six or seven cars enter the area, Dr, Cornell then introduced a Mr. Flowers who advised that he lives close to the entrance to the lake. and, in addition, is building a new home on the road- way lending into the lake, and that he observed only six or seven cars enter'the area during that day, Dr, Cornell stated that the sanitary facilities; I. e.. dry toilets, non in use by the people cutting timber on the watershed, having been approved by the State Health Department. should be adequate for fishermen in his opinion. Dr. Glendy replied that there are only about fifteen employees cutting timber on the watershed and that they are not immediately adjacent to the lakes at all times. Dr. Glendy stating that much larger and better facilities would be required for the number of fishermen who night be expected in the immediate vicinity of the lakes if they Mere opened to public fishing. Dr. Cornell then moved the adoption of the Ordinance. The motion was seconded by Dr. Dillard and lost by the following vote: AYES: Council members Cornell and Dillard ..........................2. NAYS: Council members Anderson. Pickett. Kebber. Young. and the President. Mr. Nheeler ....................................................... 5. Dr. Corneli then moved to prohibit the continuation of the timber cutting operations on the watershed until the proper sanitary facilities are provided. The motion was seconded by Dr. Dillard and lost by the followin9 vote: AYES: Council members Cornell and Dillard ..........................2. NAYS: Council members Anderson. Pickett. Webber. Young. and the President. Mr. Wheeler ....................................................... 5. STREETSANB ALLEYS-SCHOOLS-SIDEWALK. CURB AND GUTTER: Council at its meeting of May 11. 1959. havin9 directed the preparation of a Resolution amending the contract between the City of Roanoke and A. 0. Ali,rd and Hartmnn Construction Company for the construction of concrete sidewalk, curb and gutter in the city. Mr. Young offered the following Resolution: (=13729) A RESOLUTION extending the contract of February 2. 1959. between Dartmnfl Construction Company and A. D. Ali,rd and the City of Roanoke for the construction of concrete curb and gutter and sidewalk at various locations in the City. (For full text of Resolution. see Resolution Book No. 23. Page 332.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and nd,pied by the following vote: AYES: Council members Anderson. Cornell. Dillard, Pickett. Webber. Young. and the President, Mr. Mheeler .................... 7. NAYS: None .....................................O. MOTIONS AND MISCELLANEOUS BUSINESS: CURB AND GUTTER: Mr. Radford So Merritt, 1833 Malvern Road, S. appeared before Council and stated that the city in constructing concrete curb and gutter along Malvern Road constructed the curb and gutter around the radius into Baird Street. S. M., at which intersection his property is located, and 48'7 488 terminated the curb and gutter at the end or the rsdius mhlch is approximately in the ce.,er of the entrance malkwoy into Bis home, Mr. Herrltt requesting that Council astborlze the extension of the concrete corb and gat,er along Baird Street to the entrance of his driveway at the rear of his residence. Hr. Dillard moved to refer the reqoest to the City #anager for study and recommends,ion. The motion mas seconded by Dr. Cornell and adopted. PENSIONS: The City Clerk reported the qualification or Hr. Hamilton U. Redmsn as a member of the Advisory Committee on Investment of Funds to the Board of Trustees of the Employees' Retirement System. The report was ordered filed. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager reported that the 1959 budget contains an appropriation of $450°00 for the purchase of one electric typewriter for the Juvenile and Domestic Relations Court and that the City Purchasing Agent has received a quotation from the Central Typewriter Exchange to furnish to the Juvenile and Domestic Relations Court tmo electric typewriters at a price Of $450,00, including the exchange of tmo old typewriters now in use by the court, the City Manager recommendin9 that the budget be amended to permit the purchase of the two typewriters. Mr. Anderson moved to concur in the recommendation of the City Manager and offered tho following emergency Ordinance: (~13730) AN ORDINANCE to amend and reordain Section ~144, WDepartmental Equipment and Improvements** of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 23. Page 333.) Mr, Anderson moved the adoption of the Ordinance. The notion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Mebber. and the President. Mr, ~heeler ...................... NAYS: Mr. Young .......................1. There being no further business, Council adjourned. APPROVED President COUNCIL, REGULAR MEETING, #onday. May 25, 1959, The Council of the City of Roanoke met in regular meeting in the Council Cbaeber in the Municipal Building. Monday. May 25. 1959, at 2:00 o'clock, p. m** the regular meeting hour,~th the President. Mr. Wheeler, presiffang. PRESENT: Council members Anderson. Cornell. Dillard, Pickett. Webber. Young, and the President. Mr, Wheeler ............. 7. ABSENT: None ............................. O. OFFICERS PRESENT: Mr, Arthur S, Owens, City Manager, Mr. Barry R. Yates. City Auditor. and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Frederick G. Sampson. Pastor. DJgh Street flaptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, May 18, 1959, having been furnished each member of Council, upon motion of Mr. Anderson, seconded by Mr. Young and adopted, the reading nas dispensed with and the minutes approved os recorded. BEARING OF CITIZENS UPON PUBLIC MATZERS: NONE. PETITIONS AND COMMUNICATIONS: ELECTIONS: The City Clerk presented a communication from the Roanoke Cit Electoral Board, advising that it has become necessary to move the voting place in the Riverdale Precinct from its present location and that a new voting place has been aranged for at 1626 Bennington Street, S. E., the Electoral Roard requesting that Council adopt an Ordinance making the necessary amendment to the City Code. Nfs, Pickett moved to concur in the request of the Electoral Board and offered the following emergency Ordinance; (~13731) AN ORDINANCE to amend Section 67. Voting place in Riverdale Precinct, of Chapter 2. Precincts and Voting Places, of Title IV. Electioos, of The Code of the City of Roanoke, lgSbl and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 334.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Nebber and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber. young, and the President, Mr. Wheeler .......... 7. NAYS: None ............................O. AUDITS-CITY TREASUDERI The City Clerk presented a report of the Auditor of Public Accounts. covering an audit of commonmealth revenues in the office of Mr. J. B. Johnson. City Treasurer. for the fiscal year ended June 30. 19S0, the report advising that the Treasurer has made a proper accounting for all such 489 490 AUDITS-CLERR OF COURTS: The City Clerk presented · report of the Auditor or Public Accounts, covering an audit of the accounts end records in the office or Mr. Jlllism H. Cart, Clerk of Courts, for the calendar year lgSa, the report advising tbst the Clerk of Courts has mode a fall accounting for all funds of record coming into his custody. Hr. Dillard moved to file the report. The motion was seconded by Mr, Young and adopted, PENSIONS-POLICE DEPARTMENT: The City Clerk presented n communication from Mr. Randolph S. Hough, Police Captain, advising that he will retire effective June 1, 1959, and submitting his resignation as a member of the Police and Fire Pension Board effective os of that date, in order that Council may appoint an active member of the department to represent its employees on the Board. The City Clerk advised Council that the Police Department is in the process of selecting a member of the department to be nominated to fill the vacancy as provlded for In the City ~ode. Mr, Mebber moved to accept the resignation of Captain Hough amd to extend the thanks of Council for his service. The motion mas seconded by Br. Young and adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager presented a report, recommending the installation of tmo additional 2S00 lumen street lights on Crystal Spring Avenue, S. M., betmeen McClanahau Street and Niley Drive. Mr. Young moved to concur in the recommendation of the City Manager and offered the following Resolution: (~13732) A RESOLUTION authorizing the installation of two street lights on Crystal Spring Avenue, S. N. (For full text of Resolution, see Resolution Rook No. 23, Page Br. Young moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Nebber, Young, and the President, Mr. Nheeler .......... NAYS: None ............................O. CURB AND GUTTER: Council at its meeting of May 10, 1969, having referred to the City Manager for study and recommendation a complaint of Mr. Radford Merritt, 1633 Malvern Road, S. N., that the city in constructing concrete curb and gutter on Malvern Road, S. M., turned the corner into Ralrd Street along the side of his lot with radial curb and gutter, ending the construction thereof in the middle of the walkmay into his house, and, In his opinion, too far from the property line. thus creating a hazard, Mr. Merritt requesting that the city construct concrete curb and gutter along the side ~f his property back to his garage driveway, the City Manager submitted his report, advising that the curb and gutter was constructed in strict accordance with the city's policies govern- ing such work, that the curb and gutter was extended around the corner of the intersection in the usual manner, that the city received no petition for curb iud gutter en Baird Street and that. consequently, the city cannot construct cerb and gutter thereon upon its present policies, the City Manager receneendlng that Mr. Merritt be advised o! this policy and informed that under said policy he cnn either pay the entire cost of curb ~nd gutter along th~ side of his property on Baird Street, or, In lieu thereof, mlth his neighbors, file n petition for she construction of curb and gutter in that block and then wait for the petition to come up in its turn. ut uhich time the city mill construct the curb and gutter on a fifty-fifty cost basis. After some discussion. Dr. Coruell offered a Resolution directing the City Manager to construct concrete curb and gutter along the side of the property of Mr. lerritt on Baird Street, provided Mr. Merritt pays onq-haif of the cost. fir. Cornell moved the a~optlon of the Resolution. The motion was seconded by Mr. Dillard. Mr. Webber offered a substitute motion to concur in the report of the City Manager. The motion nas seconded by Rrna Pickett. Dr. Cornell then moved to table the matter until the next regular meeting Of Council. The motion was seconded by Mr. Dillard and lost by the following vote: AYES: Council members Anderson. Cornell and Dlllard--~ ....3. ~A¥S: Council membeFS Pickett. Webber, Young, and the President, Mr. Rheeler .............................. d. The substitute motion of Mr. Webber mos then adopted by the following vote: AYES: Connctl members Anderson, Pickett. Webber. young, and the President, Mr. Wheeler ................................. S. NAYS: Council members Cornell and Dillard .....2. AIRPORT: The City Manager reported that the Manager of the Roanoke Municipal Airport has received an agreement from the United State Department of Commerce Weather Bureau to increase the payment to the City of Roanoke for facilities and services, catering the space under lease to the federal government for Weather Bureau operations, from $875.88 per annum to $1,401..96 per annum. due to the increased cost to the city for supplying such services, the City Manager recommending that Council authorize an amendment to the lease covering this space on that basis. Mr. Young moved that Council coucurin the recommendation of the City Manager and that the following Ordinance be placed upon its f~rst reading: (#13733) AN ORDINANCE providing for an amendment to the lease of July 1, 1952, between the City of Roanoke and the United States of America, covering the occupancy of premises by the Government in the administration building at the Roanoke Municipal Airport. Woodrum Field. WHEREAS, the City of Roanoke and the United States Of America. under · date of July I. 1952. entered into a lease covering the occupancy of premises by the Government in the administration building. Roanoke Municipal Airport, 491 492 M,,drum Fielde and the furnishing of specified services nnd facilities there, y~ldiag unto the City $1,00 per annum as rent and $875.88 per annum for facilities the services and facilities supplied in the annual sun of $$26.00, to which America, on file in the Office of the City Clerk, amending paragraphs 5, 6 and ? of the lease (Clwb-802) heretofore entered into under date of July 1, 1952, NAYS: None ............................ O. $34,575,00, which he recommended be accomplished at this tine and provision made properties, the City Manager advising that it probably will be necessary to condemn the property of Mr, C, F, Keraover since he has been unable to reach an agreement with him, pointing out, however, that Council has already made provision for such proceedings under Ordinance No, 13690, adopted on April 13, 1959, in the event it becomes necessary, Mr, Webber moved to concur ia the recommendation of the City Manager for 'the accomplishment of his alternate proposal at this time at an estimated rose of $34,575.00 and to authorize the City Manager to obtain bids for that work; also, to direct the City .X~torney'to prepare Ordinances providing for the acquisition of property from Mr. Leo F. Henebry, Mr. Ceorge Kissak and Hake Manufacturing Company, Incorporated, on the basis of their offers heretofore submitted to Council, The motion was seconded by #Fo Anderson and adopted, The City 'Manager then reported that Mr. G. L. Franklin has offered to convey to the city the property required from him on the northwest corner of Fleming Avenue and Whiteside Street, N. E., at a cost of $flO0.O0, rather than the $616.00 which he was authorized to offer for the property under Ordinance No. 13689, and recommended that Council adopt an Ordinance providing therefor. Mrs. ~ickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=13734) AN ORDINANCE accepting the offer of Go L. Franklin to convey unto the City certain real estate needed in connection with the proposed extension and widening of Whfteside Street. N. E.; repealing Ordinance No. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23. Page 3~5.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson~ Cornell, Dxliara, Picke~, ~ebber, Young. and the President. Mr. Wheeler .................. NAYS: None--~ ..........................O. TRAFFIC-CURB AND GU~YER-STREETS AND ALLEYS: The City Manager submitted a tabulation of Bids received by the Purchasing Agent on May 19, 1959, for the construction of bitnminious pavevent, concrete carb and gutter, and other appurtenant work, in connection with improvements on Persinger Road, S. W., at the intersection of Brambleton Avenue, showing the bid of Adams Construction Company, ia the amount of $13,354.d0, as low, the City Manager advising t~at no funds are available in the 1959 badget for the Completion of this project, that the cost reflected by the low bid is considerably higher than the $~,000.00 previously estimated for the project, and recommending that Council reject all bids received for this work and consider the matter in connection with the 1960 budget. Rt. Harry L. Rosenbaam and a committee of Temple Emanuel, located at the intersection, appeared before Council and Stated their belief that the plans and specifications for the work, ga which the bids were received, encompassed much more than was required for the intersection, requesting that Council consider 493 49'4 immediate lmprovemetts to Perslnger Rood In front of the church's pra~erty and the latersectloo of Persfager Bond and Rrambleton Avenue, S, M., aa a lesser scale and at less cost, ' Afte~ considerable discussion, Dr, Cornell moved to direct the City Attorney to prepare a Resolution rejecting nil bids received for this project, The motion nas seconded by Mr. Yebber and adopted, Dr, Cornell then moved to direct the City Manager to call rot bids for the improvements to Perslnger Road and Brambleton Avenue, S, M,, bused on the present plans and specifications, fa connection with the proposed improvements to Main Street and Rrandon Avenue, S. M., and to provide in such call for bids an alternate for the improvements to the Junction of Perslnger Road and'Rrambleton Avenue, providing for mldenlng on the north side of Persinger Road only, lomering the grade of Persinger Road and Installing a proper traffic Island at the intersection The notion mas seconded by Mr. Webber and adopted, STORM DRAINS-BRIDGES: The Cit'y Rana~er presented a tabulation of bids received by the Purchasing Agent on May 19, 1959, for the construction of a storm drain system from the Liberty Road Underpass to Fugate Road. N. E., showio~ the bid of M. S. Hudgins, in the amount of $65,735.00, as lam, the City Manager advising that there is included in the 1959 budget $45,400.00 for this project and recommending that the bids received for ti:is mark be rejected and consideration given to readvertising the work at a latter date. Rt. Anderson moved to direct the City Attorney to prepare a Resolution reJecting.all bids receiaed for this project. The motion was seconded by DFc Cornell and adopted. SRNERS: The City Hanager presented a tabulation of bids received by the Purchasing Agent on May 19, 1959, for the construction of a sanitary sewer to 'serve p'orttons 'of the Hast Gate ~ddition,' showing the bid of Pioneer C~nstruction Company, Incorporated. in the amount of $$6,510.00, as law, th~ City Manager advising that there is contained in the 1959 budget $35,000.00 for this project and recommending that the low bid be accepted and an additional $6o$10.00 appropriated 'for th:e coopletion of the project. Mrs, Pickett moved to concur tn the ~ecommendation of the City Hanager and offered t'he following Resolution accepting the proposal of Pioneer Construction Company, Incorporated: (#15735) A RESOLUTION accepting the' proposal of Pioneer Coostruc'tfon Company', Inn,, for the construction of a sanitary sewer to serve portions of East Gate Ad~ition; authorizing the proper City Officials to execute the requisite contract; and rejecting all other bids.. (For full text of Resnlution, see Resolution Book No. 23, Page 337.) Rrm. Pickett moved Se adoption of the Resnlution. The motion mas seconded by Mr. ~nderson and adopted by the following vote: ,j AYES: Co~ecil members Anderson, Coraell, Dillard, Pickett, Webber, Yoeng, and, the President, Hr. Nheeler ................. ?. NAYS: Hone ....... ~ .................... O, Hrs. Pickett thep offered the following emergency Ordinance appropriating $6.510.00: (n15736) AN ORDINANCE to amend and reordain Section si41, 'Sewer nnd Drain Coostructionou of the 1959 Appropriation Ordinance, and providing for en energenC~o (For full text of Ordinance, see Ordinance Rook No. 23. Page 337.) HFS. Pickett moved the adoption of the Ordinance. The motion was seconded by Hr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young. ~and th? Presid~nt. Hr. Wheeler ................. NAYS: None ............................ O, HEALTH DEPARTRENT-CITY FARM: The City Manager recommended that Section 1, Chapter 2. Title XlII. of the City Code, be amended to require the Commissioner of Health to maintain vital statistics on persons at the Coyner Springs Home and those persons interred in the cemetery at Coyaer Springs since this property is owned and.operated by the City of. Roanoke. Dr. Cornell moved to concur~in the recommendation of the City Ranager and Off.red the following emergency Ordinance: (~13737) AN ORDINANC£ to amend and reordafn section 1, Registrar. of Chapter 2. Vital Stastics, of Title Ifil. Health, of The Code of the City of Roanoke, 1956; and providing for aa emergency. (For full t~xt of Ordinance. see Ordinance Hook No. 23, Page 338.) Dr. Cornell moved t~e adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, CoFnell, Dillard. Pickett. Webber, Young. and the President, Hr. #heeler ................. NAYS: N~ne ......................... ~--0, REPORTS OF COMMITTEES: unfINISHED 0USINESS: TRAFFIC-CURB AND G~TER-STREETS AND ALLEYS: Council at its meeting of Ray 18, 1959. having tabled until its next regular meeting the recommendation of the City Manager that the offer of Stanley M. and Gertrude M. Helch to donate to the City approximately T,450 square feet of land on the south side of Persinger Road, $. Mo, for street widening purposes, be accepted, the matter was again before the body. Mr. Webber pointed out that this matter Is in connection with the proposed improvements to Persinger Road and Brambleton Avenue, S. W., on which bids have been rejected, and moved to table the matter until new bids are received for improvements at that point. The motion was seconded by Dr. Cornell and adopted. CONSIDERATION OF CLAIMS: NONE. I~RODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLU~IONS: 495 496 · SALE OF PROPERTY-WATER D~PARTMENT: Ordinance No, 13727, providing for the sale of I asrrom triangular strip of land oB the north side of Yyomlng Avenue, N, M** eusteri! from the imtersectfoa of ~onron Street, baring previously been before Council for its first reading, rend and laid over, mas again bernre the body, Mr, Anderson offering the fnlloming for its second reading nad final adoption: (n15727) An ORDINANCE providing for the sale of u narrow triangular strip of land on the north side or ~yoming Avenue easterly from the intersection of Monroe Street, (For full text of Ordinance, see Ordinance Rook No, 23, Page 334,) Mr, Anderson moved the adoption of the Ordinance, The motion Was seconded b7 Dr,-Gornell.aad adopted by the follomlng vote: AYES: Council members Anderson. Coraell. Dillard, Pickett, ~ebber, Young, and the Presidentt Mr, Wheeler ................. ?. nAYS: none ............................ O, N~M RAILWAY COMPANY-VIRGINIAN RAILWAY COMPANY: Mr..Young stated that in his opinion the proposed merger of the Norfolk and Western Railway Company and The Virginian Railway Company will be beneficial to the entire territories served by the two railway companies, and, particularly, to the City of Roanoke, in pro- viding a more efficient transportation system, thus attracting industry to the area, that the combined roads would have n greater traffic potential than that of the two separate roads, which, along with a vigorous industrial development program, should result in more business for the combined roads and create more railroad and industrial jobs for Roanoke, that. in bis opinion, Roanoke would certainly be one of the principal beneficiaries of the merger, Mr. Young offering the following Resolution approving and endorsing the proposed merger of the two railroads: · (x13738) A RESOLUTION approving and endorsing the proposed merger of the norfolk and Western Railway Company and The Virginian Railway Company. (For full text of Resolution, see Resolution Book no. 23, Page 339.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Webber. Dr. Cornell stated that he is not prepared to vote on the Resolution at this time since he is not acquainted with the possible effect the mergermight, have on the labor force of the two roads. Mr, M. M, Durham, representing the General Chairman's Association of Labor Organizations of the*Norfolk and. Western Rallmay Company, and Mr. R. B. Moore, a member of the Brotherhood of Railroad Locomotive Firemen and Enginemen, appeared before Council and stated that they would like to present opposition to the adoption of the proposed Resolution, but are unable to make a properpresentation at this tine because they did not know nntil Saturday of las~ meek that the matter would be before Council, requesting that the matter be-tabled.for one week in o~der to permit them time tn prepare a proper presentation. Dr. Cornell then offered · substitute motion to ,sbic the matter until the next regular meeting of Council. The motion mas seconded h! Hr. Dillard and lost by the. f,Il,ming vole: AY£S: Council members Coruell. Dillard and Pickett ...................3. NAYS: Council members Anderson. Webber. Young and the President. Mr. Wheeler ....................................................................... 4, The ResolutiOn mas then sdopted by the following rote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Webber, Young. and the President. Mr. Wheeler ......................................... NAYS: None ...........................................................O. MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-CLAIMS: The City Manager reported that n Fruehauf trailer, owned and operated by the Franklin Grocery and Grain Company. R,ch! Mount. Virginia. was damaged when it collided with a tree limb overhanging the street at 2030 Brandon Avenue. S. W** on March 14. 1959. and that the total damage sustained, including a small amount of damage to the tractor pulling the trailer, amounted to $~.102.64 for which a claim wes promptly and properly filed against the City of Roanoke, the City Manager pointing out that this accident occurred on a truck route and that on November 1. 1959. the Virginia Department of Highways requested the city to check and see that all trees mere trimmed to a height mhich mould permit vehicles of the maximum clearance requirement of twelve feet and SiX inches allowed under the State Code and the City Code, that the Superintendent of Parks Subsequently advised that a check had been made and all low and dangerous limbs removed as of November 15, lg~9, the City Manager advising that the City Attorney has consulted with the claimants and has received un agreement from them to accept fifty per cent of the cost, or $1,0§1.32, in settlement of the damages sustained, which the City Attorney recommends be paid. the City Manager concurring therein. Dr. Cornell moved to direct the City Attorney to settle the claim against the city for $1.051o32, based on the agreement with the claimants, The motion was seconded by Mr. Dillard and adopted. Dr. C,r,ell then offered thai, Il,wing emergency Ordinance appropriating fur for settlement Of the claim: (m13739) AN ORDINANCE to amend and reordain Section ~lSO, *Judgments and Losses** of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page Dr, C,mall moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the fall,ming vote: AVES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ............................................... 7, NAYS: None ..........................................................O. BUDGET-JDYE~ILE AND DOMESTIC RELATIONS COIZRT: The City Manager transmitted a request of the Judge of the Juvenile and Domestic Relations Court for an '497 '498 appropriation of $500.00 to Travel Expense, uhlch, added to the $300.00 contained is the 1959 budget rot his department, uould permit hie to attend the Sutloaul Council or Juvenile Court Judges Meeting to be held ia Salt Lake City, Otub, ~euu 16-20, 1959. and would also permit representatinn of the court at The ~atlosel Probation mud Parole Association which Bill Beet iR Smuupscott. Massachusetts, Ms! 30-June 3, 1959. Dr. Coroell offered an emergesc7 Ordinance appropriating $500.00 to Travel Expense la the. Juvenile and D0nestic Relations Court account of the 1959 budget and moved its adoption. There being no second, the motion was last. There being no further business, Council adjourned. APPROVED (~oMFiONWEALTI+ OF VIRGINIA ~rATE LI~ARY RICHMOND 23219 fllCROFILH CA/~ERA OPERATOR'S CERTIFICATE , THiS IS TO CERTIFY THAT THE HICROPHOTOGRAPHS APPEARING OH THIS REEL ARE TRUE AND~ACCURATE REPRODUCTIONS OF THE RECORDS LISTED ON THE TITLE SHEET PRECEDING EACH ¥OLUPIE OR "~ SERIES OF RECORDS IIICROFILHED THEREOH$ THAT THE RECORDS HERE HICROFiLJ"IED ON THE DATE, OR DURING THE PERiODs AND AT THE REDUCTION RATIO INDICATED$ AND THAT t/HEN HICROFiI_HED THE RECORDS t~ERE iN THE CUSTODY OF THE DEPARTI'~E~ITs OFFICE, OR INDIVIDUAL LISTED ON THE TITLE SHEET.