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Home My WebLink AboutReel 24 (6/01/1959 - 9/18/1961) COUNCIL, REGULAR MEETING, Monday, June 1, 1959. The Council of the City of Roanoke met In regular meeting in the Council Chamber 1o the Municipal Building. Monday, June 1, 1959, at 2:00 o'clock, p. the regular meeting hour. with the Pres~ent. Mr. Mheeler. presiding. PRESENT3 Council members Anderson, Cornell. Dillard, Pictett, ~ebber, Young, and the President. Mr. Mheeler ............. ABSENT: None .............................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. James N. Kincanon, Assistant City Attorney, Mr. Barry R. Yarns, City Auditor, and Mr. Robert Thomas, City Clerk. INVOCATION: The meetin9 was opened with a prayer by the Reverend Ralph D. Schurman, Pastor, First Church of the Nazarene. ¥INUTES: Copy of the minutes of the regular meeting held on Monday, May 25, 1959, having been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Mr, Young and adopted, the readin9 was dispensed gith and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATIERS: NONE. PETITIONS ANB COBMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a communication from Mr. #alter R. Campbell, 2336 Belle Avenue, N. E., advisin9 that, subsequent to his complaint of October 20. 1958, the city has graded and placed stone on Belle Avenue, N. E., but subsequent rains and bad weather have put the street in unsat- isfactory condition again, and that in his opinion paving is the only thing that will eliminate the situation, Mr. Campbell further advising that a portion of Belle Avenue Is only wide enough for one-way traffic and should be widened. Mr. Young moved to refer the matter to the City Manager for study and recommendation. The motion ~as seconded by Mr. Anderson and adopted. REPORTS OF OFFICERS: AIRPORT: The City Manager reported that removal of the hill at the Roan oki Municipal Airport and consequent leveling of the area adjacent to the Administra- tion Building is nearing completioo and that consideration must be given to providin9 parking facilities in the area, the City Manager estimatin9 the cost of providing a parking area at $40,903.00 and advising that this project is not eligible for federal matching funds. In addition, the City Manager presented a study made by the Manager of the Airport based on parking fees for vehicles using the facility in excess of thirty minutes, showing an estimated yearly income of $27,300.00, and operating costs of $21,800,00, giving a net yearly income of $5.500.00. The City Manager advised that airports generally operate these parking facilities under two plans: (1) leasing the facilities to a concessionaire; and (2) operating them under airport management, and that in his opinion the city should control the parhin9 aid establish its own regulatory system, . Mr, Young moved to referlt~ matter to a committee composed of Messrs. Roy L, Mebber, Chairman, Arthur S, Owens and Barry R, Yates for study and recom- mendation, The motion mas seconded by Dr. Cornell and adopted. BUDGEToTRAFFIC-STREETS AND ALLEYS: The City Manager reported that the City mill soon advertise for bids for improvements to the intersection of Main Street and Brandon Avenue, S. M., and advised that no funds are available in the current budget for providing a ~rnffic control system, th~CJty Manager recom- mending that Council appropriate $3,600.00 to purchase t~ necessary equipment so that it may be installed concurrent mitb improvements to the intersection. Mrs. Pickett mowed to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~13740) AN ORDINANCE to amend and reordain Section ~144. *Departmental Equipment and Improvements** of the 1959 Appropriation Ordinance. and provid* lng for an emergency. (For full text of Ordinance. see Ordinance Book No. 23, Page 341.) Mrs. Pickett moved the adoption of the Ordinance. The motion Mas 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. ANNEXATION; The City Manager reported that the preliminary studies in connection with the proposed annexation have proceeded to a point where, in his opinion, it is necessary now to employ attorneys to assist in the legal aspects of the case. and a firm of certified public accountants to assist in the financial studies, and recommended that Council authorize the employment of Woodrum and Gregory to assist the ~ity Attorney in legal matters in connection with the annexation in accordance with their offer of January 9. 1959. and Eennett ~ Mennett. Certified Public Accountants, to assist in.financial studies in accordance eith their offer of December 30. 195D, ~hich offers ~ere presented to Council at its meeting of February 2, 1959. Mr. Mebber moved to direct the City Attorney to prepare proper resolutions authorizing the employment of Moodrum and Cregory and Kennett ~ Kennett as recom- mended by the City Manager. The motion mas seconded by Mr. Youn9 and adopted, Messrs. Cornell and Dillard voting no. CITY JAIL-JUVENILE DEtENtION HOME-CI~Y HOME: The City Manager reported that he has been in consultation with the Director of Public Welfare and the City Sergeant relative to the employment of a dietitian in connection ~ith food services in the City Jail. Juvenile Detention Itome and the City ~ome. and also has consulted ~ith the State Department Of Melfare and Institutions in connection with this matter, the City Manager stating that he believes the state ~lll bear t~o-thirds of the cost of such an employee, except for the City Home, and estimating the city*s share of the total cost ~ill be approximately $2.O00.00 per year for a $3.600.00 salary. After some discussion of the matter, Mrs. Plchett moved to table it for consideration along uith the 1960 budget study. The motion vas seconded by Dr. Cornell and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that the heirs of Mr. D. M. Mebb have agreed to donate to the city approximately 105 square feet of land needed in the improvement of Mhlteside Street, N. E.. for rounding the southeast corner of the intersection of Mhiteside Street, and un alley intersecting said street, and recommended that Council authorize the acceptance of the offer. Mr. Anderson moved to concur in the recommendation of the City Manager and offered the folio#lng emergency Ordinance: (~i3741) AN ORDINANCE authorizing and directing the acquisition of a small parcel of land for street corner rounding purposes from Ambler M. Mebb and others in connection mith the improvement of Mhiteside Street. N. E.; and pro- riding for an emergency. (For full text of Ordinance, see Ordinance Hook No. 23. Page 341.) Mr. Anderson moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Corfleil. Dillard. Pickett. Webber, Young. and the President. Mr. Mheeler ................. ?. NAYS: None ........................... O. REPORTS: The City Manager submitted a report of the Department of Public Nelfare for the month of April. 1959, and reported other departmental reports on file in his office. The report was ordered filed. REpGRT$ OF CO~KITTEES: NONE. UNFINISHED BUSINESS: BUILDING PROJECTSI Council at its meeting of May 1~. 1959. having agreed to meet representatives of the Southwest Section. Virginia Chapter. American Institute of Architects. to discuss with them the city*s policy in employing architects for city projects, the City Clerk presented a communication from the President of the A.I.A. Section, advising that it has subsequently received a letter from the City Manager. stating that it is his intention to rotate future city projects among the various architects of the city. which is entirely satis- factory to the members of the profession, and consequently the organization no longer desires to discuss the matter with Council. Mr. Dillard moved to file the communication. The motion was seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Ordinance No. 13733. 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 build- lng at the Roanoke Municipal Airport. Moodrum Field, having been before Council for its first reading, read and laid over, was again before the body. Hr, Young offering the following for its second reading and final adoption= (~13733) AM ORDINANCE providing for an amendment to the lease of July 1o lg§2, between the City of Roanoke and the Dnited States of America, covering the occupancy of premises by the Government in the administration build- ing at the Roanoke RunJcipal Airport, Noodrum Field. (For tull text of Ordinance, see Ordinance Hook No, 23, Page 340.) 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, Pickett, Webber, Young, and the President, Mr. Wheeler ................. NAYS: None ............................ O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of Ray 25. 1959. havi~lg directed the preparation of Ordinances accepting the offers of various property ouners for conveyance to the city of certain land required for the widening and straightening of Whiteside Street. N. E.. Mrs. Pickett offered the following emergency Ordinance accepting the offer of Wt. Leo F. Denebry: (~13742) AN ORDINANCE accepting the offer of Leo F. Henebry to convey unto the City a strip of land along his real estate located on the west side of Hollins Road, N. R.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23. Page 342.) Rrm. Pickett moved the adoption of the Ordinance. Yhe notion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber, Young, and the President, Mr. Wheeler .................. NAYS: None .............................O. Mr. Anderson then offered the following emergency Ordinance acceptin9 the offer of Hollins Realty CoYporation: (=13743) AN ORDINANCE accepting the offer of Hollins Realty Corporation, to convey unto the Citl a 20-foot wide strip of land alon9 its real estate located on the east side of Nollins Road, N. E.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 343.) Mr. Anderson moved the adoption of the Ordinance. The motion was seconded by Wr. Young 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 Ordicance accepting the offer of Ail Star Lanes: (~13744} AN ORDINANCE acceptin9 the offer of All Star Lanes to convey unto the City an DO-foot wide strip of landthrough its acreage situate in the northeast section of the City to be used as a continuation of Whiteside Street; and providing for an emergency. (For fnll text of Ordinance, see Ordinance Book No. 23, Page 344.) Nr. Young moved the adoption of the Ordinance, The motion mas seconded by Mrs. Pickett end adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber, Young. and the President. Nr. Nheeler ................. NAYS: None ............................O. TRAFFIC-CURB AND GUTTER-STREETS AND ALLEYS: Council at its meeting of May 25, 1959. having directed the preparation of a Resolution rejecting bids received for making certain improvements on Persinger Road at its intersection with Brambleton Avenue. S. M., Mr. Young offered the following Resolution: (=13745) A RESOLUTION rejecting all proposals received for making improve- ments on Persinger Road at its intersection with Dranbleton Avenue, S. N. (For full text of Resolution. see Resolution Book No. 23. Page 345.) Mr. Y,un9 moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the f,Ilo,lng vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the President. Mr. Wheeler ............ NAYS: None ..............................O. SYORM DRAINS-BRIDGES: Council at its meeting of May 25. 1959, having directed the preparation of a Resolution rejecting all bids received for the construction of a storm drain system from the Liberty Road Underpass to Fugate Road. N. E.. Mrs. Pickett offered the following Resolution: (~13746) A RESOLUTION rejecting all proposals received for the construct- ion of a storm drain system from Liberty Road Underpass to Fugate Road. N. (For full text of Resolution. see Resolution Book No. 23. Page 345.) Mrs. Pickett moved the adoption of the Resolution. The notion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the President. Mr. Wheeler .................. NAYS: None .............................O. SEWERS: Council at i'ts meeting of May 25, 1959, having accepted proposals for the construction of a sanitary sewer system to serve portions of the East Gate Addition and authorized a contract therefor, Rt. Anderson offered the follow- ing Resolution providing for a public hearing for abutting landowners: (~13747) A RESOLUTION creating a committee before whom abutting land- owners on certain portions of certain streets and avenues in the East Gate section may appear and be heard in favor of or against the proposed construction of sanitary sewers in and along said portions of said streets and avenues and other property, the cost of which, when the same shall have been ascertained by said committee, is to be assessed or apportioned between the City and said abutting landowners as provided by law; and providing for notice to such abutting land- owners of the hearing before said committee. (For full text of Resolution, see Resolution Book No. 23. Page 34b.) 5 :" 6 Mr. Anderson moved the adoption of the Resolution. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Mebber. Young, and the President, Mr. Mheeler ................. NAYSI N,me ............................O, MOTIONS AND MISCELLANEOUS BUSINESS: SCHOOLS-PENSIONS-LIBRARIES: The City Clerk reported that the terms of Mr. J. P. Cruickshank and Mrs. Vernon C, M,,maw as members of the Roanoke City School Doard, Mr. Geoffrey D, Martin as m member of the Hoard Of Trustees of the Employees' Retirement System, Dr. E. D. Domning, Mrs. Nancy Lukens Hamilton and MFS. C. Grattan LIndsey, Jr., as members of the Roanoke Public Library Hoard, will expire June SO, 1959. Mr. Dillard moved to table the matter until the meeting of June 29. 1959. The notion was se¢oflde~ by Dr. Cornell 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 placed in nomination the name of Mr. J. P. Cruickshank for reelection as a member of the School Doard. There being no further nominations, Mr. J. p. Cruickshank was reelected as a member of the Roanoke City School Board for a term of three years beginning July 1. 1959. by the following vote: AYES: Council members Anderson, Cornell, Pickett. Webber. Young. and the President. Mr. Wheeler .................................. NAYS: Mr. Dillard ..............................1. Mrs. Pickett then placed in nomination the name of Mrs. Vernon C. Moomaw for reelection as a member of the School Board. There being no further nominations, Mrs. Vernon C. M,,maw was reelected as a member of the Roanoke City School Board for a term of three years beginning July 1. 1959, 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 placed in nomination the name of Mr. Geoffrey D. Martin for reelection as a member of the Hoard of Trustees of the Employees' Retirement System. There being no further nominations, Mr. Geoffrey D. Martin was reelected as a member of the Board of Trustees of the Employees* Retirement System for a term of four years beginning July 1, 1959. by the following rote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Webber. Young, and the President. Mr. Wheeler ........................... NAYS: None ......................................O. Mrs Pickett then placed in nomination the names of Dr E D Dousing Mrs. Nancy Lukens Hamilton nnd Mrs. C. Grattan Llndsey, Jr,. for reelection as members of the Library Hoard for terms of three years each beginning July I, 1959. There beln9 no further nominations. Dr. E. H. Downing, Mrs. Nancy Lukens Hamilton and Mrs. C. Grattan Lindsey, Jr., were reelected as members of the Roanoke Public Library Hoard for terms of three years each beginning July I. 1959. by the folloming vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber. Young, and the President. Mr. Wheeler ................... 7. NAYS: None .....................................O. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING. Monday, Jane IS, 1959, The Council of the City of Roanoke met la regulnr meeting la the Council Chsmber in the Rauicipal Building., Ronday, June 15, 1959, at 2:00 o'clock, the regular meeting hour. with the President. Mr. Rheeler, presiding. PRESENT~ Council members Anderson, Coraell. Pickett. Webber, and the President, Mr, Wheeler .................... r ......................... ABSENT: Council members Dillard and Youn9 ..................2. OFFICERS PRESENT: Mr. Barry R. Yates. City Auditor and Acting City Manager. Mr. Randolph G. RhJttle, City Attorney. and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting sas opened ~ith a prayer by Vice Mayo~ Roy L. Webber. MINU~LS: Copy Of the minutes of the regular meeting held on Ronda~. June 1. 1959. having been furnished each member of Council. upon motion of Mr. Anderson. seconded by Mrs. Pickett 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 o'clock, p. m., June 15, 1959, in the Council Chamber. on the request of Mr. L. W. Rochester, et al.. that their properties lying on Vernon Street, S. E., south of Dale Avenue, be rezoned from General Residence District to Light Industrial District. and the City Plannin9 Commission having previously recommended that tM request be granted, and notice of the hearing having been published in The Roanoke World- News on May 29, 1959. the hearing was held at ~hich no one appeared in oppodtion. Mr. Frank W. Rogers. Attorney for the petitioners, appeared before Council and advised that insofar as he knows there is no opposition to the requested rezoning, Mr. Rogers pointing out that there has been no change in the conditions surrounding the property since the petition was filed, with 'the exception that the Norfolk and Western Railway Company has recently announced that a railway line will be constructed between its railroad and that of The Virginian Railway Company in the rear of'the properties affected, which, in his opinion, is a factor in favor of the rezonlng. Mr. Anderson moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~13740) AN ORDINANCE to amend and reenact Title IV. Chapter 4, Section 1. of Zhe 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 properties a9gregating 12.935 acres owned by L. ~. Rochester and State Company, Incorporated, at the southwest corner of Dale Avenue and Vernon (22nd) Street. S. E., fronting 910.3 feet on the formei and 64g.27 feet on the latter, and also a tract of 1.~5 acres owned by Jessie E. Nichols, et ax.. fronting 244,95 feet on the west side of Vernon Street, 641,1fl feet south of Dale Avenue, and 144,54 feet north of Kenwood Ronlevard, rezoned from General Residence District to Light Industrial District; and RHEREAS, the City Planning Commission has recommended that the above parcels of land be rezoned from General Residence District to Light lndustria.l District as requested; and RBEREAS, notice required by Title XV, Chapter 4, Section 43. of The Code of the City of Roanoke, lqSB, relatingto Zoning, has been published in "The Roanoke Morld-Hews,# a newspaper 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 nemspaper was held on the ISth day of June. 195q, 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 hearin9 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 MflEREAS, this Council. after considering the evidence presented, is of the opinion that the above parcels of land /~ould be rezoned as requested. THEREFORE, BE IT ORDAINED by tho 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. PARCEL I Property located at the southwest corner of Dale Avenue and Vernon (22nd) Street, S. E., designated on Sheet 431 of the Zoning Map as Official Tax Nos. 4311201 to 4311205, inclusive, and more particularly bounded and described as follows: BEGINNING at a point on the south side of Bale Avenue, S. E.. 560 feet east of 21st Street. S. E.; thence with the former the following two courses: (a) N. 74° 16' E. D15.6 feet to a point of curve and (b) thence on a curve to the left. the chord of which is No 69° 26' E. 102.? feet to Vernon Street; thence with the latter the following three courses: (a) S. lO° 34' E. 495.75 feet to a point of curve, (b) thence with a curve to the right, the radius of which is 139.36 feet an arc distance of 39.72 feet to a point of tangent, and (c) S. 5° 46' W. II3.D feet; thence S. 74° 44' W. 302.66 feet; thence S. 71° 24' W. 520.45 feet; thence N. 15° 44' R. 652.9 feet to the place of BEGINNING; and PARCEL II A tract of 1.65 acres on the east side of Vernon Street. 641.1D feet south of Dule Avenue and 144.54 feet north of Kenwood Boulevard, described as a part of Lot 1, Block 20, according to the Map of ~averly Place Corporation. designated on Sheet 432 of the Zoning Map as Official Tax No. 4320601 and more particularly bounded and described as follows: BEGINNING at a point on the east side of Vernon (22nd) Street, $. E.. 641.10 feet south of Dale Avenue and corner to Puritan Mills, Inc.; thence with ~e line of the latter N.' ?0° 10' E. 365.61 feet to the line of Norfolk ~ Mestern Rail- way Company; thence with the latter S. 2° 55' E. 161.97 feet; thence S. 61° 26' R. 431.26 feet to Bernon Street at a point 144.54 feet north Of Kenwood Boulevard; thence with Vernon Street N. 6o01. E. 244.95 feet to the place of BEGINNING, !~' 10 be. and they hereby are, changed from Ceoeral Eesidmce District to Ligkt Industrlol District and the Zoning Hap skall be changed ia this respect. The motion was seconded by Dr. Coroell and adopted by tke following vote: AYES: Council members Anderson, Cornell. Pickett. Mebhero and the President, Hr. Mheeler NAYS: None .................... O. (Council members Dillard and Young absent} PETITIONS AND COMMUNICATIONS: BURRELL MEMORIAL HOSPITAL-DEPARTMENT OF PUBLIC MELFARE: The City Clerk presented a commuoicatlon from The Burrell Memorial Hospital Association, Incor- porated, requesting additional compensation for the care and treatment Of indi- gent patients in that hospital. Mr. Webber pointed out that the request is rather complicated and moved that it be referred to a committee composed of Mr. Mlllis M. Anderson. Chairman. Dr. C. M. Corneli, Mr. Arthur S. Owens. Mr. Randolph G. Mhittle. and Miss Bernice F. Jones for study and recommendation. The notion mas seconded by Mrs. Pickett and adopted. CROSSOVERS: Yhe City Clerk presented a communication from Carter and Jones Dry Cleaning and Dyeing, Incorporated, requesting that Council grant a permit for increasing a thirty foot wide sidewalk crossover into their property at 505 Eleventh Street, N. W** to a width of forty feet. Dr. Cornell moved to direct the City Attorney to prepare a Resolution providing for the crossover as requested. The motion was seconded by Mr. Anderson and adopted. CITY JAIL-POLICE DEPARYMENT: The City Clerk presented a communication ~rom the State Department of Nelfare and Institutions, transmitting reports of inspections of the ~it) Jail and the Police Lockup made by that division on Hay 26. 1959. The reports were ordered filed. REPORTS OF OFFICERS: PENSIONS-POLICE DEPARTMENT: The City Manager reported that the Police Department personnel who are members of the Police and Fire Pension System have nominated Mr. J. M. Nash of the Police Department to fill the vacancy on the Police and Fire Pension Board created by the resignation of Mr. R. S. Hough. Mrs. Pickett nominated Hr. J. M. Nash for membership on the Police and Fire Pension Board, representing the Police Department. There being no further nominations, Mr. J. M. Nash was elected as a member of the Police and Fire Pension Board. as a Police Department representative by the following vote: AYES: Council members Anderson, Cornell. Pickett, Nebber. and the President. Mr. Nheeler ................ 5. NAYS: None .................... O. (Council members Dillard and Young absent BUDGET-BUILDINGS: The City Manager reported that tke Bulldio9 Com- mlssiooer has directed the demolition of the remainder of the old Bear Bulldlog located at 102-104 Jefferson Street, S. E., a portion of which building has already collapsed, and that under the provisions of the law the building mill be demolished by the city and a lien placed against the property for the cost there- of, the City Manager es(imm(ia9 the total cost to be $4,102.37 and requestin9 an appropriation of $5,000.00 to proride for the demolition. Mr, Mebber moved to concur in the recommendation Of the City Manager and offered the following emergeocy Ordinance: (~1S749) AN ORDINANCE to amend and reordain Section ~64. *Department Of Buildings** Of the 1959 Appropriation Ordinance. and proridlng for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 34?.) Mr. ~ebb~r moved the a~option of the Ordinance. The notion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Cornell. Pickett, Webber, and the President, Mr. ~heeler ................ 5. NAYS: None ...................O, (Council members Dillard and Young absent STREETS AND ALLEYS: The City Manager reported that he has investigated the complaint of Mr. Walter R. Campbell, 2336 Belle Avenue. N. E.. concerning the condition of that street, which was referred to him by Council at its meeting of June 1. 1959, and that arrangements have been made to surface treat that portion of Belle Avenue needing attention at this time, in order to relieve the condition complained of, the City Manager advising that possible ~idening and further paving of the street will he considered in the 1960 program, Mr. Anderson moved to file the report. The motion was seconded by Mr. Webber and adopted. APPOINTMENTS-HEALTH DEPARTMENT: The City Manager reported the appointment of Br. N. R. Mhitman, Dr. E. G. Gill and Mr. William P, Swartz. Jr., as members of the Board of Bealth for terms of two years each beginning July 1, 1959. Mr. Mebber moved to file the report. The motion was seconded by Mrs. Pickett and adopted. S~REET LIGHTS-PARKS AND PLAYGROUNDS: The City Mauager recommended that two street lights in Thrasher Park be increased from 2500 to 6000 lumen, in order to provide sufficient light for more adequate use of the park during the hours of darkness. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following Resolution: (~13750} A RESOLUTION authorizing the replacement with 6000 lumen units of t~o existing 2500 lumen overhead incandescent street lights in Thrasher Park. (For Tull text of Resolution. see Resolution Book No. 23, Page 347.) Mrs. Pickett moved the adoption of the Resolution. The motion seconded by Dr. Cornell and adopted by the follo~in9 vote: AYES: Council members Anderson. Cornell. Pickett. Webber. and the President. Mr. ~heeler ................ 5. NAYS: None ...................O. (Council members Dillard and Young absen "_1.2 STATE RIGHWATS: The City #manger recommended that Council request the Virginia Department of Highways and the United States Bureau of Public Roads to make a study to determine the feasibility of establishing a Virginia State High- way route that would provide a connection or connections between existing or proposed State and Federal highmays mithin the city. No information being available to Council as to the probable cost of such a survey, Mr. Webber moved to table the matter until the City Manager returns. The motion was seconded by Dr. Cornell and adopted. SCHOOLS-SEWERS-MATER DEPARTMENT: The City Mam 9er reported that in com- pliance with a directive of Council at its meeting of April 13, 1959, he has caused a study to be ma]e of the cost of furnishing sewer service to the new HillJam Fleming High School to be constructed on the Stewart School Site north of Bershberger Road and east of Cove Road. N. W., and submitted an estimate of $?32000.00 for construction of a sanitary sewer line extending from the existing sewer line at Courtland Avenue to the school site. Mr. ~ebber moved to table the matter for two ~eeks in order to give the body time to study and consider the proposal. The motion was seconded by Mr. Anderson and adopted, BUDGET-LIFE SAVING CREMS: The City Manager reported that a :boat belong- ing to the VJnton Life Saving Crew was damaged by the Roanoke Life Saving Crew in an accident that occurred when the two crews were in the process of recovering the body of a drowned man from Roanoke River. and stated that the City Attorney has advised that there is no liability against the city for these damages, estimated at $140.00, the City Manager, however, recommending that Council authorize payment of the damages sustained by the Vinton Life Saving Crew while acting in the role of a good Samaritan. Dr. Corneil moved to concur in the recommendation of the City Manager and offered the following Resolution: (=13751) A RESOLUTION directin9 the payment of the proper charge for repairing a boat belonging to *he Vinton Life Saving Crew. (For full text of Resolution. see Resolution Book NO. 23, Page 348.) 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, Pickett, Webber, and the President, Mr. Mheeler ................ 5. NAYS: None ...................O. (Council members Dillard and Young absent) PURCHASE OF PROPERTY-STREETS AND ALLEYS:. The City Manager reported that he has further negotiated with Mr. C. F. Kefauver conceffting the property .needed by the city for bridge right of way at Hollins Road and Preston Avenue, N. E., in connection with the widening and improvement of Whiteside Street and the estab- lishment of a new City-County bridge over Tinker Creek, the City Manager advising that the property was originally appraised at $1,500.00 for the small strip needed for the bridge right of way and that Mr. Kefauver has demanded $2,000.00 for this stri~ or $2.S00.00 for the entire parcel of land. the City Manager stating that in his opinion it would be better to acquire the entire parcel of land owned by Mr. Kefauver, and so recommending. Mrs. Pickett moved to concur in the recommendatJonof the City Manager and offered the following emergency Ordinance: (t13752) AN ORDINANCE accepting the offer of C. F. Mefauver to sell the City certain real estate needed for the construction of a bridge and approaches over Tlr%er Creek near the intersection of Mhiteside Street and Preston Avenue. N. E.; repealing Ordinance No. 13690; and providing for an emergency. (For full text of Ordinance, see Ordinance No. 23, Page 34§.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by tho following vote: AYES: Council members Anderson, Cornell, Pickett. Webber, and the President, Mr. Wheeler ................ 5. NAYS: None ...................O. (Council members Dillard and Young absent) STREET NAMES: The City Manager recommended that portions of Hoover Street N. Wa. be renamed as follows: that portion approximately 250 feet long. extend- lng in a northwest direction from Crescent Street. be renamed Pennsylvania Avenue, N. W.. and that portion approximately lqO feet long. abutting the rear of Lots 17, ID and 19, Block 12. Villa Ileights, be renamed Clifton Street, N. W., advising that the portions of Hoover Street requested to be renamed are extensions of those streets to which they would be renamed. Mr. Webber stated that it has been the policy of Council that the naming and renaming of streets should be initiated by the City Planning Commission and moved to refer the matter to the body for study and recommendation. The motion was seconded by Dr. Cornell and adopted. CLAIMS: The City Manager reported that on April 24. 1959, an employee of the Traffic Engineering and Communications Department, ~hile working on a fire alarm system on a pole. dropped a wrench on the automobile of Mrs. C. S. Snyder, ~hich was properly parked, causing damage to Mrs. Snyder*s car in the amount of $46.00. and that he has been advised by the City Attorney there is no liability against the city for this accident, but, in view of Mrs. Snyder*s innocence in the matter, recommended that Council authorize payment ~ the damages. Dr. Cornell moved to concur in the recommendation of the City Manager and offered the following Resolution: (~!3753) A RESOLUTION directing the payment of a claim of Mrs. C. S. Snyder against the City. (For full text of Resolution. see Resolution Rook No. 23, Page 34q) Dr. Cornell moved the adoption of the Resolution. The motlonwas seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Cornell. Pickett. Rebber..and the President. Mr, Wheeler ................ 5. NAYS: None ...................O. (Council members Dillard and Young absent) DONATIONS-STREETS AND ALLEYS: The City Manager reported that, after negotiation, Mrs. Viola N, Richards has agreed to convey to the city a strip of land along bo~h sides of her property at the intersection of Yellow Mountain Road and Virginia State Route 612, to provide for widening both streets and rounding the corner at the Intersection, at a price of $590,D0. the City Manager advising that he referred t~ matter to the City Planning Commission uhich has reported that, in its opinion, the street improvements contemplated would be in the interest of the public and has recommended that the land be acquired, the City Manager recommending that Council accept the offer. Mrs. Pickett moved that Council concur in the recommendation of the City Manager and that the following Ordinance be pluced upon its first readings (~13754) AN ORDINANCE accepting the offer of Mrs. Viola N. Richards to convey unto the City certain real estate at the intersection Of Yellow Mountain Road and Vlruinia State Route bi2. MHEREAS. the Planning Commission has recommended purchase by the City of the real estate herein mentioned and the City Manager has recommended the acceptance of the offer of the owner to convey the same to the City, in both of ~hich recommendations this Council concurs. THEREFORE, BE IY ORDAINED by the Council of the City of Roanoke as follows: 1. That the City doth hereby accept the offer of Igrs.) Viola N. Richards. as set out in her written offer of May 7. 1959. on file in the Office of the City Clerk. first, to remove at her entire expense a garage from the real estate and. second, to convey the real estate situate at the intersection of Virginia State Route 612 and Yellow Mountain Road and shown on Plan No. 4370. approved by and on file in the Office of the City Engineer. for $590.00 cash, 2. That, immediately upon receipt by the City Attorney of a deed. to be prepared by him, properly executed and conveying said real estate to the City. the said City Attorney be, and he is hereby, authorized to cause the same to be spread of record in the Clerk*s Office of the Hustings Court of the City of Roanoke. 3. That the City Auditor. upon being informed by the City Attorney that the said City Attorney is in a position to conclude this transaction, be, and he is hereby, authorized and directed to deliver unto the City Attorney a City voucher in the amount of $590.~0. to be delivered, in turn, by said City Attorney to (Mrs.) Viola N. Richards, or to ~housoever she may direct, and representing the cash consideration for the aforesaid deed. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Cornell, Pickett, Rebber. and the President, Mr. Mheeler ................ 5. NAYS: None ......~ ............ OD (Council members Dillard and Young absent) REPORTS OF CORMITYEES: AIRPORT: Council at its meeting of June 1, 1959, having referred to a committee composed of Messrs. Roy L. Rebber, Chairman, Arthur S. Owens and Harry M, Yates for study and recommendation a proposal of the Manager of the Roanoke Municipal Airport that the city construct a parking lot at the Municipal Airport. the committee reported t~at after studying the matter, it is of the opinion that relocation of a portion of the rouduay in Connection mith moving the hill at the Airport and the re~uitin9 elimination of the old parkin9 area have made it necessary to provide parking facilities and reestablish the roadway, the committee. therefore, recommending an appropriation of $5.000.00 to provide for the 9raveling of a parking area and paving of the relocated roadmuy, advising that the area recommended for [trking will provide for approximately 300 motor vehicles and that after the parking area has been reasonably conpucted by use it cmo be paved at u later date. Mr. Mebber then offered the following emergency Ordinance uppropriutin9 the funds as recommended by the committee: (mia?SS) AN ORDINANCE to amend and reordain Section si44. "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 350.) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell. Pickett. Mebber, and the Presiden! Mr. Rheeler ........................... NAYS: None ...................O. (Council members Dillard and Young absent) UNFINISHED BUSINESS: ZONING: Council at its meeting of Mmy Il, lgSg, having set a public hear- lng for 2:00 o'clock, p. m,, June 15, lqS9, on the request of Elise B. and David Moomaw that their property, designated as Lots 9, lO and 11, Block 0, Airlee Court, located on the east side of Willlamson Road near the north corporate limits of the city, be rezoned from Special Residence District to Business District, the City Clerk reported that the Attorney for the petitioners, having failed to prepare the notice of the hearing and present it in time for publication, has now requested a new date to be set for the hearing. Mr. Anderson moved to change the time for the hearing to 2:00 o'clock, p. m.. July 13. 1959. The motion was seconded by Dr. Cornell and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Council at its meeting of November 11, 1957, havin9 directed the preparation of an Ordinance accepting a 50-foot strip of land across the rear of the All Star Lanes Bowling Alley on Melrose Avenue. N. W.. Mrs. Pickett offered the following emergency Ordinance: (g13756) AN ORDINANCE accepting a conveyance of real estate from All Star Lanes; approving the action of the City Attorney in having the deed therefor recorded; expressing this Council's appreciation for said conveyance; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23. Page 350.) Mrs. Pickett moved the udoption of the Ordinance. The motion mas seconded by Hr. Anderson and adopted by the follomiog vote: AYES: Council members Anderson, Coruell, Pickett, Webber, and the President, Mr. Nheeler ....... NAYS~ None ...................O, (Council members Dillard and Young absent} ANNEXATION: Council at its meeting of June 1. 1959. having directed the preparation of Resolutions authorizing the employment of Woodrum and Gregory and of Rennet: & Kennett in connection ~lth the proposed annexation. Rt. Anderson offered the following Resolution providing for the employment of Kennett Kennett: (~137S7) A RE$OLUYXON employing gannett & Rennet: to assist in making financial studies, etc., in connection with the City*s proposed annexation. (For full text of Resolution, see Resolution Book No. 23. Page 351.) Hr. Anderson moved the adoption of the Resolution. The motion nas seconded by RF. Webber and adopted by the foliomin9 vote: AYES: Council members Anderson, Pickett. Rebber. and the President. Mr. Rheeler ........................... 4, NAYS: Dr. Cornell ............1. (Council members Dillard and Young absent) Mr. Mebber then offered the followin9 Resolution employing Moodrum and Gregory: (s1375D) A RESOLUTION employing Moodrum and Gregory to render legal services in connection uith the City*s proposed annexation. (For full text of Resolution. see Resolution Book No. 23. Page 352.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following rote: AYES: Council members Anderson, Pickett, Robber. and the President, Rt. Wheeler ............................ 4. NAYS: Dr. Cornell .............1. (Council members Dillard and Young absent] SCROOLS: The City Clerk presented a Resolution which has been prepared at the request of Councilman Young. asking the administration of the University of ¥irginia to develop its center operation presently conducted in the city to a branch college. Mr. Youfl9 being absent, Dr. Cornell moved that the matter be tabled until the next regular meeting of Council when Hr. Young will be present. The motion was seconded by Mrs. Pickett and adopted. ROYION$ AND MISCELLANEOUS BUSINESS: OFFICE HOURS: Mr. Anderson offered the following Resolution establishing Ronday, July 6, 1959, as a legal holiday: (#13759) A RESOLUTION establishing Ronday, July 6. 1959. as a legal holiday for the current year only. (For full text of Resolution. see Resolution Book No. 23. Page 352.) Rt. Anderson moved the adoption of the Resolution. The motion was seconded by Or. Cornell and adopted by the following vote: AYES; Council members Anderson, Cornell, Pickett, Robber. and the President, Mr. MheeIer NAYS: None ...................O. (Council members Dillard and Young absent) these vacaecies will be considered at the next regular meetin9 of the body, and requested the City Attorney to prepare a Resolution in connection uith the demise of Hr. Denniagton while a member of the School Board. There being no further business. Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday, June 29, 1959. The Council or the City of Roanoke met in regular meeting in the Council Chamber ia the Municipal Building, Monday, June 29, lgsg, at 2:00 o'clock, p, m,, the regular meeting hour. uith the President, Hr. Mheeler. presiding, PRESENT: Council members Anderson, Coraell. Dillard. Pickett, Webber, Young, and the President. Hr. Mheei~ .............. 7. ABSEf~f: None .............................. O. OFFICERS PRESENT: Mr. Harry R. Yates. City Auditor and Acting City Manager, Br. Randolph G. hhittle, City Attorney. and Mr. J. Robert Thomas, City Clerk, INVOCATION: The meeting was opened with a prayer by Vice Mayor Roy L. Mebber. MINUTES: Copy of the minutes of the regular meeting held on Monday~ June 15. 1959. 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PEYITIONS ANB COMMUNICATIONS: STREETS AND ALLEYS: The Citl Clerk presented a communication from Rt. Tom Stockton Fox, Attorney for Martha Bix Smith and Carl D. Smith, requesting that an alley extendin9 through their property from Richelieu Avenue to Crystal Spring Avenue, S. R.. between T~enty-fourth Street and Twenty-fifth Street. be officially vacated, discontinued and closed. Mr. Young moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mrs. Pickett and adopted. CHURCHES: The City Clerk presented a communication from Dodson, Pence and Coulter, Attorneys for the Northninster Presbyterian Church, requesting that Council authorize the Trustees of said church to take and hold additional property containing 0.42 acre for use as a site for a new manse under the provisions of Section 57-12 of the 1950 Code of Virginia. Mr. Dillard moved that the following Ordinance be placed upon its first reading: (313760) AH ORDINANCE authorizing the Trustees of the Northminster Presbyterian Church to take and hold Lot 11, Block H, according to Map No. Round Bill Terrace, in the City of Roanoke. for certain purposes. WBEREAS, the Trustees of the Northminster Presbyterian Church, a religious congregation in the City of Roanoke. have petitioned the Council for authority to acquire certain land situate in the City of Roanoke known as Lot 11, Block H, according to Map No. 3, Round Hill Terrace, and containing approximately 0.42 acre, note or less. which, ~heu so acquired, is to be devoted exclusively to the religion! uses provided for in Section 57-12 of the 1950 Code of Virginia, as amended to date; and MBEREAS the said trustees now hold all of Bloch I according to Nap No. 3 of Round Bill Terrace. containing 4.137 acres, upon which said congregation intends to construct a new church; and. ia addition, hold Lots 1. 2. 3. 14 and IS. Bloch $. Connistone Hap. containing O.Ba? acre of land. upon which said congregation,s present church is located but nhich they propose to sell; and. in addition, hold Lot g. Block 4. Connistone Bop. containing 0,173 acre which is now occupied as a church manse but which they also propose to sell; and NHEREAS. Council deems the aforesaid request reasonable and ia willing to grant it upon the condition hereinafter pr.tided; THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that the Trustees of the Northminster Presbyterian Church. a religious congregatbn in the City of Roanoke. be. and they are hereby, authorized to take and hold in said City Lot 11. Block II. according to Rap Bo. 3. Round Hill Terrace. contaJnln9 approximately 0.42 acre. more or less. in said City. if said property to be ac- quired is to be devoted exclusively, and is subsequently $o devoted, to a church building~ chapel, offices exclusively used for administrative purposes of the church, a Sunday-school buJldin9 and playgrounds therefor, and parking lots for the convenience of those attending any of the foregoing, and a church manse, parsonage OF rectory. But nothing herein contained is intended to require the said trustees to dispose of the property they now hold. The motion was seconded by DF. Cornell and adopted by the following vote: AYES: Council members Anderson, C.mall, Dillard, Pickett. Webber. YOUng. and the President. Mr. Wheeler .......... 7. NAYS: None ............................. O. SIGNS: The City Clerk presented a communication from the Southern Helle Drive-In Restaurant. located at 371g milliamson Road. N. ~.. requesting thai Council 9rant the restaurant a permit to install a sign in front of its property between the property line and the sidewalk, which sign will extend over the side- walk proper, by reason of the sign which is within its property not being visible to traffic because of trees on adjoining property, the petitioner advising that the sign will be moved at any time the city chooses without expense to the city. Hr. Dillard moved to refer the matter to the City Manager for investigation as to safety and hazard and to report thereon and to direct the City Attorney to prepare a Resolution granting the permission requested. The motion was seconded by Dr. C,mall and adopted. ZONING-STREETS AND ALLEYS: The City Clerk presented a petition of Esso Standard 011 Company, et al.. requesting that their properties designated as Official Tax Nos. 1620101, 1620102, 1610204 and 1610205. lying on both sides of Brandon Avenue. S. ~.. at Mudlick Creek and the city limits line. be fez,ned 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. Webber and adopted. "20 REPORTS OF OFFICERSt POLICE DEPAETMENT: The Acting City Manager reported that Police Officer Robert L. Willis mas occidentally injured, in line of duty on May 9. 1959. and is~ unable to return to duty at this time. the Acting City Manager recommending that Council authorize payment of th~ regular salary of Mr. Willis for sixty days in addition tothat normally paid police officers injured Jn line of duty, said sixty days beginning July 9, 1959. Mr. Young moved to concur in the recommendation of the Acting City Manager and offered the following Resolution: (u13761) A RESOLUTION directing that Robert L. Mlllis, a member of the Police Department, be paid his regular salary for a period of sixty days beginning July 9. 1959. (For full text of Resolution, see Resolution Book NO. 23, page 355,) 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, Corflell. Dillard, Pickett, Mebber, Young. and the President, Mr. Mheeler NAYS: None ............................O. NATER DEPARYMENT: The Acting City Manager reported that the United States Department of the Interior has advised that it will be necessary to increase the city*s cost of participation in the expense of operating two gaging stations on Catawba Creek and Tinker Creek from $900.00 per annum to $1,000.00 per annum, the agreement for the operation Of these stations*having been provided for by Resolution No. 12702. adopted on April 2. 1956, and recommended Tthat Council authorize a ne~ agreement for the operation of the~e stations for one ~dditional year at a total cost of $2,000.O0,one half of the cost to be borne by the city. Mr. Young moved to concur in the recommendation of the Acting'City Manager and offered the following R~solution: (#13762) A RESOLUTION authorizing Se continuance of the cooperative operation of the gauging stations on Catawba and Tinker Creeks durtn9 the period of July 1. 195g, to June 30. 1960o (For full text of Resolution. see Resolution Book No. 23. Page 356.) 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. Wheeler ................. NAYS: None ................... ~= ........ 0.= BUDGET-DEPARTMENT OF PUBLIC MELFARE: The Acting City Manager advised that an additional telephone extension is needed by the Department of Public Welfare because of changes.in the office layout of that department and.requested an appro- priation of $60.00 for this purpose. Mrs. Pickett moved to concur in the request of the Acting City Manager and offered the folloming emergency Ordinance; / BUDGET-JUVENILE DETENTION HOME: The Acting City Manager requested an appropriation of $110.00 to Travel Expense in the Juvenile Detention Home account of the 1959 budget for the purpose of sending two employees to a morkshop at The University of North Carolina. Mr. Anderson moved to concur in the request Of the Acting City Manager and offered the following emergency Ordinance: (m13764) AN ORDINANCE to amend and reordain Section ~31. *Juvenile Detention Home.* of the i959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23, Page 357.) 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. Pickett. Webber. Young. and the President. Mr. Wheeler ......................... 5. NAYS: Mr. Dillard .....................1. EASEMENTS-TRAFFIC-STREETS AND ALLEYS: The Acting City Manager reported that in connection with improvements to the intersection of Brandon Avenue. Sherwood Avenue and Main Street, S. W., it is necessary to relocate transmission lines of the Appalachian Power Company and that the company has requested an easement across city property at the intersection for the relocation Of its power line. the Acting City Manager recommending that the request be granted. The City Clerk presented a communication from the City Planning Commission advising that it has studied the request of the Appalachian Poser Company and that in Its opinion the easement requested Js the only suitable space for the relocated power line, the Commission recommending that the request be granted. Mr. Young moved that Council concur in the recommendation of the Acting City Manager and the City Planning Commission and that the following Ordinance be placed upon its first reading: (~13765) AN ORDINANCE authorizing the conveyance of a perpetual easement to Appalachian Pomer Company for a right of way for an electric transmission line across the westerly 24 feet of the eastern portion of Lot 11. Block 5, according to the Map of Barbour Heights. MHEREAS. the City has heretofore acquired in fee simple an easterly )ortioa of Lot 11, Block S. accordJcg to the Map of Barbour Heights, by deed of record in the Clerk*s Office of the Bustings Court of the City of Roanoke in Deed Book 967, page 455; and MBEREAS, ia connection with the widening and improvement of the inter- section of Brandon Avenue, Sherwood Avenue and Main Street, S. M.. it has become necessary to require the relocation of certain existing electric transmission lines of the Appalachian Power Company heretofore occupying portions of said inter- section and said company has requested that it be granted a perpetual easement over the westernmost 24 feet of the City*s property hereicabove mentioned on to which it may relocate and, thereafter, maintain and operate its aforesaid electric transmission lines; and MHEREAS, the City Planning Commission. together with the City Manager and the City Engineer, upon a study of the aforesaid request, hare recommended to the Council that the same be granted. 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 behalf of the City. to execute, acknowledge and deliver to Appalachian Power Company, upon such form of deed as is prepared and approved by the City Attorney, a deed granting and conveying to Appalachia~ Po~er Company a perpetual easement to construct, erect, maintain and operate an electric transmission line or lines through, over. across or under a certain 24-foot wide strip of land extending in a north-northwesterly direction from Brandon Avenue. S. W,, to Sherwood Avenue. S. M., along the westernmost side of the easterly portion of Lot 11, Block 5, according to the Map of Barbour Heights, heretofore acquired by the City by deed of record in the Clerk*s Office of the Bustings Court of said City in Deed Book ~b?. page 455. the aforesaid deed of easement to be made upon a nominal considera- tion of ~!.00, cash. and to contain such other general terms and conditions as are approved by the City Manager and the City Attorney; the exact location and width of the right of way for said electric transmission line or lines to be as is sho~n in yello~ crayon upon Plan No. 4105, prepared in the Office Of the City Engineer under date of March 11. 1955, revised June 26, 195g. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President. Mr. Wheeler ................. NAYS: None ............................O. REPORTS OF COMRITTEES: NONE. UNFINISHED BUSINESS: SCHOOLS-SEWERS-WATER DEPARTMENT: A report of the City Manager with refer- ence to furnishing sanitary sewer service to the Stewart school site north of Hershberger Road and east of Cove Road. in Roanoke County, having been laid over from the previous meeting of Council. the matter was again before the body. ZONINC: Ordinance No, 13748. rezoning properties on Dale Avenue and Vernon Street. S. E.. designated as Official Tax Nos. 4311201 to 4311205. inclusive and Official Tax No. 4320601. 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. Anderson offering the following for its second reading and final adoption: (g13740) AN ORDINANCE to amend and reenact Yitle 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 No. 23, Page 353.) Mr. Anderson moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following rote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Robber. Young, and the President, Mr. Wheeler ........... NAYS: None ............................O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Ordinance No. 13754, accepting the offer Of Mrs. Viola N. Richards to convey to the city property located at the intersection of Yellow Mountain Road and Virginia State Route bi2, for street purposes, having previously been before Council for its first reading, read and laid over, was again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (=13754) AN ORDINANCE accepting the offer of (Mrs.) Viola N. Richards, to convey unto the City certain real estate at the intersection of Yellow Mountain Road and Virginia State Route 612. (For full text of Ordinance, see Ordinance Book No. 23, Page 354,) 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. CROSSOVERS: Council at its meeting of June 15, 1959, having directed the preparation of a Resolution authorizing the issuance of a permit to Carter and Jones Dry Cleaning and Dyeing, Incorporated. to widen the crossover into its property at 506 Eleventh Street, N. W., from thirty feet to forty feet, Dr. Cornell offered the following Resolution: (u13766) A RESOLUTION authorizing the Director of Public Works to issue a permit to Carter and Jones Drl Cleaning and Dieing, Incorporated. to increase the uidth of its existing 30-foot uide crossover into its propertl at SOO llth Street, N. W** to 40 feet. (For full texi of Resolution. see Resolution Book No. 23, Page 357.) Dr. Cornell moved the adoption of ~he Resolution. The motion was seconded by Rt. Anderson and adopted by the following vote: AYES: Council members Anderson. CoFnell. Dillard. Pickett, Webber. Young. und thePresident, WF. Wheeler ................... ?. NAYS: None ............................. O. SCHOOLS: Council at its meeting of June 15, 1959, having directed the preparation of a Resolution in memorial to the late Robert F. Bennington, former member of the Roanoke City School Board. Dr. Cornell offered the follouin9 Resolution: (#13767) A RESOLUYION in memorial to the late Robert F. Benninoton, (For full text of Resolution, see Resolution Book No. 23, Page 350.) Dr. Cornell moved the adoption of the Resolution. The ~otion was seconded by Rr. Dillard and adopted by the !oil,wing vote: AYES: Council members Anderson. Cornell, Dillard, Pickett. Webber, Young. and the President, Mr. Wheeler .................. NAYS: None ............................ O. SCHOOLS: Council at its meetin9 of June IS, 1959, having laid over until its next regular meeting a Resolution requesting the administration of the Univer- sity of Virginia to develop its Roanoke center operation into a branch college. Rt. Young stated that he had the Resolution prepared for presentation to Council at its last Mc=ting. but that he was unable to attend the meeting, that he is a member of the Board of the University of Virginia extension work and has consulted with members of that Board concerning the upgrading of the center at Roanoke. which action would provide for college credits for all work taken in the center rather than the maximum of thirty hours now creditable to students therein. Ur. Young pointing out that there would be no cost to the city in connection with this operation and offering the following Resolution: (u13760) A RESOLUTION requesting the administration of the University of Virginia to develop its center operation presently conducted in the City to a branch c,liege. (For full text of Resolution, see Resolution Book No. 23. Page No. 358.) 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, Pickett, Webber. Young. and the President. Mr. Rheeler .................. NAYS: None ............................0.. PURCHASE OF pROPERTY-CITY GOVERNMENT: Mr. Webber stated that there are persistent reports that the United States Government is seeking a location upon which to erect a new central Post Office for the City of Roanoke. the present Post / No. 23. Page 339.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Young'and adopted by the following rote: AYES: Council members Anderson, Cornell, Pickett, Webber. Young, and the President. Mr. Mheeler NAYS: Mr. Dillard ......................I. MOTIONS AND MISCELLANEOUS BUSINESS; ' ZONING: Mr. Jack B. Coulter, Attorney for All Star Bowlin9 Lanes, appeared before Council and advised that in connection with the expansion of the company's facilities it is necessary to secure additional land for parking purposes. Mr. Coulter presenting a request that a 3.?l=acre tract of land located on the northerly side of Melrose Avenue, N. W., designated as Official Tax No. 2660106, 'lying adjacent to its present property, bt? rezoned from General Residence District to Business District. Mr. Young moved to refer the request to the City Planning Commission for study and recommenda~on. The motion was seconded by Mr. Dillard and adopted. SCHOOL BOARD-LIBRARY BOARD: The question of filling vacancies on the Roanoke City School Board and the Roanoke Public Library Board having been laid over from the meeting of Jane 15. 1959. the Mayor called for nominations to fill the vacancy on the Roanoke City School Board, created by the death of Mr. Robert F. Bennington. the term to expire June 30, 1960. Mr. Young placed in nomination the name of John W. Eure. Dr. Cornell placed in nomination the name of A. A. Akers. Mr. Webber moved to close the nominations. Yhe notion was seconded by Mr. Dillard and adopted. Mr. John W. Eure was elected a member of the Roanoke City School Board to fill the unexpired term of Mr. Robert F. Bennington, the term to expire June 30. lgGO. by the following vote: FOR ~. EURE: Council members Anderson, Pickett. Webber. Young, and the President, Mr. Wheeler ............................................ 5. FOR ~ AKERS: Council members Coruell and Dillard ....... 2. The question of appointing a member to fill the vacancy on the Roanoke Public Library Board was tabled until the next regular meeting of Council. There being no further business, Council adjourned. APPROVED ':.' "26 COUNCIL, REGULAR MEETING, Monday, July 13, 1959. The Council of the City of Roanoke met in regular m~et*ing in the Council Chauber in the Yuaicipal Building. Monday. July IS, 1959.~ at 2:00 o*cloch, p. m** the regular meeting hour, with the President, Mr. 'Rheeler, presiding. PRESENT: Council members Anderson, Catcall, Dillard, Webber, Yomago and the President. Mr. Rheeler ................ 6. ABSENT: Mrs, Pichett .............1, OFFICERS PRESENT: Mr, Barry R, Yates, City Auditor and Acting City Manager, Hr, Randolph G, Rhittle, City Attorney, and Mr, J, Robert Thomas, City Clerk, INVOCATION: The meeting was .opened with a prayer by the Reverend John A. St. Clair, Pastor, Airlee Court Baptist Church, MINUTES~ Copy of the minutes of the regular meetingheld on Monday, June 29, 1959, having been furnished each member of Council. upon motion of Mr, Anderson, Seconded by Mr. Webber and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing havin9 been set for 2:00 o'clock, p. m,, July 13, 1959, in the Council Chamber. on the request of Elise B, and David N, goomaw that their property located on the east side of Willinnson Road, N, W,, near the ninth corporate limits, described as Lots 9, !0 and 11, Block ~, Airlee Court, be rezoned from Special Residence District to Business District, and notice of the hearing having been published in The Roanoke World-News on June 25, 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. T. L. Pluflkett. Jr** Attorney for the petitioners, appeared and asked that Council 9rant the request of his clients, 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: (~lS?TO) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1955, ia relation to Zoning, WHEREAS, application has been made to the Council of the City of Roanoke .to have the property on the east side of Rilliamson Road known as Lots 9, 10, and 11, Block G, Airlee Court Map and further known and designated as Official Tax Numbers 2190609, 2190510, and 2190511; rezoned from Special Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the above parcels of land be rezoned from Special Residence District to Business District; and, RHERE/S, 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 Rorld-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 oemspaper was held on the 13th day of July, lgSg, at 2~00 o'clock, p, m.. before the Council of the City of Roanoke in the Council Chamber in the Municipal Holldin~ at nhlch hearing property owners and other Interested parties in the affected area were given an opportunity to be heard both for end against the proposed renaming; 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 as mended by the City Planning Commission. THEREFORE, DE 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 on the east side of Willianson Road known as Lots 9. 10, and 11, Block B, Airlee Court Map and further knownand designated as Official Tax Numbers 2190609, 2190610 and Rig0611 be, and Is hereby changed from Special Residence District to Rosiness District and the Zoning Map shall be changed in this respect. The motion was seconded by Or. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Webber, Young. and the President, Mr. Wheeler ................. NAYS: None ....................O. (Mrs. Pickett absent) PETITIONS AN~ COMMUNICATIONS: CONYRIBDTIONS: The City Clerk presented a communication from the Roanoke Valley Drama Association. Incorporated, requesting that Council donate $1.000.00 to the Association for the support of the drama *Thy Kingdom Come,* in return for which the Association will furnish rickets to the drama for municipal employees and will set aside one or two nights for their attendance thereof. Mr. Roger W. Rodnett. a member of the Board Of Directors of thc Association appeared before Council and explained that due to the lack Of attendance during the month of July the Association is having difficulty in meeting its payroll and that the request of Council for a donation is being made on the basis that such action would provide the Association with much needed operational funds which in all probability mould result in tie elimination Of deficit operations for the season, and, in addition, provide much needed audiences who would by word of mouth adver- tise the spectacle. Mr. Dillard offered an emergency Ordinance providing for an appropriation of $1.000.00. to be paid to the Roanoke Valley Drama Association. Incorporated, as requested. Rr. Mebber stated that the policy of Council is to refrain from making donations of this' kind from public funds and that to override such policy would open the door to numerous like requests. Wr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and lost by the following vote: AYES: Council members Cornell and Dillard ...................... NAYS: Council members Anderson, Webber, Young, and the President, Rt. Mheeler ...... a ..........................................................4. (Mrs. Pickett absent) STREET LIGHTS: The City Clerk presented a communication from the Appslachiun Power Company. reporting the installation of twenty 2500 lumen over- head incandescent street-lights in the City of Roanoke during the month of June. 1959. Mr. Young moved to file the report. The motion was seconded by Mr. Mebber and adopted. AUDITS=PEHSIOHS: The City Clerk presented a report of Kennett and Kennett. Certified Public Accountants. on an audit of the accounts of the Employees Retirement System of the City of Roanoke for the fiscal year ended December 31, 19S~. the report stating that all funds of the system have been properly accounted Mr. Young norad to file the report. The motion was seconded by Mr. Anderson and adopted. -- AUDITS-JUVENILE AND DOMESTIC RELATIONS COURT: The City Clerk presented a report of the Auditor of Public Accounts of the Commonwealth of YirHlnia. cover- Court of the City of Roanoke for the calendar years 1957 and 19SO, the report stating that all funds of record have been properly accounted for by the Court. Dillard and adopted. REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUBLIC MELFARE: The City Manager reported that the appropriation Of $17.000.00 for the purchase of drugs for indigents in t~ City Physician account Of the 1959 budget is exhausted and recommended that an appro- priation of $5,000.00 be made to supplement the account. {~13771) AN ORDINANCE to amend and reordain Section #51. *City Physician." of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23. Page 362.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Hr. Young and adopted by the following vote: AYES: Conncil members Anderson. Cornell. Dillard. ~ebber. Young. and the President, Mr. ~heeler ................ 6. NAYS: None ...................O, (Rrs. Pickett absent) BUDGET-STORM DRAINS: The City Manager requested an appropriation of $1,8OO.00 to be used for extending the depth of certain drainage shafts in the Nllltamson Road area, :which he advised would increase their efficiency. offered the followinH emergency Ordinance: (z13772) AN ORDINANCE to amend and reorduin Section al41, #Sewer and Drain Construction." of the 1959 Appropriation Ordinance, and providing for an Page Mr. ~ebber moved the adoption of the Ordinance. The motion mas seconded by Mr, Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. ~ebber, Young. and the President. Mr. ~heeler ................. NAYS: None ....................O. (Mrs. Pickett nbsent) BUDGET-ZONING-PLANNING COMMISSION: The City Manager reported that Mrs. F. L. Seymour. Secretary of the Board of Zoning Appeals and of the City Planning Commission, will retire on September 1. 1959. and requested an appropriation of $500.00 to permit employing a replacement for training purposes prior to Mrs. Seymour's retirement. Mr. Young moved to concur in the request of the City Manager and offered the following emergency Ordinance: (#13773) AN ORDINANCE to amend and reordain Section mi30, "Planning Commission,' and Section mi31, *Board of Zoning Appeals.M of the 1959 Appropriation Ordinance, and providing for au emergency. (For full text of Ordinance. see Ordinance Boob Page Mr, Young moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: A~ES: Council members Anderson. Cornell. Dillard. Webber, Young, and the President, Mr. Wheeler ................ NAYS: None ...................O. (Mrs. Pichett absent) BUDGET-ANNEXATION: The City Manager submitted bills from Woodrum and Gregory, Attorneys, in the amount of $300.00. and Wiley and Wilson. Consulting Engineers, in the amount of $6,792.q6. for services in connection with the study of annexation, and requested an appropriation to provide for payment of these accounts. Mr. ffebber moved to concur in the request of the City Manager and offered the followin9 emergency Ordinance: (#13774) AN ORDINANCE to amend and reordain Section m155. *Annexation.# of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23 Page Mr. Webber 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. Webber. Young, and the President, Mr. ~heeler ................ NAYS: None ...................Oo (Mrs. Plchett absent) PENSIONS-FIRE DEPARTMENT: The City Manager reported that Assistant Fire Chief Eugene W. Mender, who will retire effective July 15, 1959, is a member of the Police and Fire Pension Board, and that the members of the Fire Department who are members of the Police and Fire Pension System have nominated Assistant Fire Chief Luther C. Eingery to serve on the Pension Board from that department. Mr. Young. ploced in nominntion the name of Er, Luther C. Klnger7 ns n member of the Police and Fire Pension Board, effective July 16. 1959. There being no further nnmlnntlons, Hr. Luther C. Klnger! mas elected u member of the Police and Fire Pension Ronrdo effective July 16. 1959, by the follouing vote= AYES= Council meubers Anderson. Cornell. Dillard. Webber. Young, and the President, Mr. Wheeler ............. 6. NAYS: None .................... 0 (Mrs. Pickett absent) STREET LIGHTS: The City Manager recommended that Council authorize a general change in the street lighting system on Williamson Road, N. E., from Orange Avenue to Liberty Road, and advised that the annual increase in cost will be $1,392.60, mhicb funds are contained lu the 1959 Budget. Rt. Dillard moved to concur in tho recommendation of the City Manager and offered the following Resolution: (s13775) A RESOLUYIO~ authorizing the installation of additional street lights and the removal of existing street lights on Williamson Road. N. E., from Orange Avenue to Liberty Road. and on various approaches to Williamson Road. (For full text of Resolution, see Resolution No. 23, Page 363.) Mr. Dillard moved the adoption of the Resolution. The motion uss seconded by Mr. Andersen and adopted by the following vote: AYES: Council members Anderson, Cornell. Pillard, Webber. Young, and the President. Mr, Wheeler ................ NAYS: None ...................0. IMrs. pickett absent) BRIDGES: The City Manager reported that, pursuant to an advertisement therefor, the Purchasing Agent has received one bid from Mr. J. W. Hundley, in the amount of $11.417.00. for painting portions of Wasenn Bridge, and recommended that the proposal be accepted. Mr. Webber moved to concur in the recommendation of the City Manager and Offered the following Resolution: (=13776) A RESOLUTION accepting the proposal of J. W. Hundley for paint- ing portions of Wasena Dridge and authorizing the Purchasing Agent to issue the ~o. 23, Page 365.) tabulation of said bids, showing the proposal of Adams. Construction. Coupsnyo In the amountof $41,29T,00, as low, the City Ranager recouwend~ng acceptance of the low bid, . r Mr, Webber norad to concur in the recommendation of the City Manager and offered the following Resolution: (SI3TTT) A RESOLUYION accepting the base proposal of Adams Constrnction Company for construction of curb nnd gutter, storm drain, and appurtenant work; authorizing the proper City Officials to execute the requisite contract; and rejecting the other bid, (For full text of Resolution, see Resolution Book No, 23, Page 366,) Mr, Webber moved the adoption of the Resolution, The notion was seconded by Mr, Young and adopted by the following rote: AYKS: Council members Anderson, Cornell. Dillard. Webber. Young. and the President, Mr, Wheeler ................ 6, NAYS: None ...................O, (Mrs. Pickett absent) SYORR DRAINS-BRIDGES: The City Mannger reported that, pursuant to on advertisement therefor, the Purchasing Agent has received bids for the construction of a storm drain system from Liberty Road Underpass to Fugate Road, N, E,, and presented n tabulation of said bids, showing the proposal of R, S. Hudgins, in the amount of $42,322.00, as low, the City Ranager recommending acceptance of the low bid. Dr, Cornell moved to concur in the recommendation of the City Manager and offered the following Resolution: (~1377H) A RESOLUTION accepting the proposal of M. S. Hudgins for the construction of a storm drain system from the Liberty Road Underpass; authorizing the proper City Officials ;to execute the requisite contract; and rejectln9 all other bids. (For full text of Resolution. see Resolution Hook NO, 23. Page 367.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the followin9 vote: AYES: Council members Anderson, Cornell. Dillard, Webber. Young. and the President, Mr. Rheeler ................. 6. NAYS: None ....................O. (Mrs. Pickett absent) STREETS AND ALLEYS-CURB A~D GUTTER: The City Manager reported that, pur- suant to an advertisement therefor, the Purchasing Agent has received bids for the construction of certain improvements to Garden City Boulevard, S, E.. between Moffett Avenue and Ray Road, and submitted a tabulation showing the proposal of Bartman Construction Company, in the amount Of $?.196.HO, as the only bid received. the City Manager recommending acceptance thereof. Or. Cornell moved to concur in the recommendation of the City Manager and offered the following Resolution: (s13779) A RESOLUTION accepting both proposals No. I end 2 of Rartmaa Construction Coupany for the construction of curb and gutter and pavement on portions of 6arden City Boulevard and uuthori~ing the proper City Officials to execute the requisite contract. (For full text of Resolution, see Resolution Book No. 23. Page 369.) DF. Cornell moved the adoption of the Resolution. The motion mas seconded by Mr. Anderson and adopted by the follomJn9 vote: AYES: Council members Anderson. Cornell, Dillard. Webber, Young, nad tbe President. Mr. Rheeler ................ 6. NAYS: None ...................O. {NFS. Pickett absent) TRAFFIC-CURB AND GUTTER=SYREETS A~D ALLEYS~ The City Ranager reported that. pursuant to un advertisement therefor, the Purchasing Agent has received bids for the construction of improvements to Brandon Avenue, Main Street and Sherwood Avenue. S. W., and PersingeF Road and Brambleton Avenue, S. M., and submitted a tabulation of bids, showing the proposal of Pioneer Construction Company, Incorpora- ted. in the amount of $BO,5§6.OO, as low, the City Manager recommeuding acceptance thereof, advising that in addition to the work contained in plans previously submitted to Council, the project contemplates the widening of Braodon Avenue and Brambleton Avenue, S. W., adjacent to Lakewood Park, to provide additional traffic lanes at those points, which additional work has been approved and recommended by the City Planning Commission in its letter of July 9. 1959. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following Resolution: (uI$?UO) A RESOLUYlON acceptin9 the bid of Pioneer Construction Company. lac., for the following work. viz.: Proposal No. I improvements at Brandon Avenue, Main Street and Sherwood Avenue. S. M.. including Alternate to Proposal No. 1. improvements at Brandon Avenue and Branbleton Avenue, S. W., and. also, Proposal ~o. 2, improvements at Persioger Road and Rrambieton Avenue, S. N.; disregarding said corporation*s Alternate to Proposal No. 2, granting a deduction for ellminatin the widening of Persinger Road on the south; 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 360.) Mr. Webber m~ed tho adoption of the Resolution. The motion was seconded by Mr. Anderson 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) The City Manager advised that, in order to complete the projects, it will he necessary for Council to accept the offers of Temple Enanuel and Stanley W. Welch to donate portions Of their properties at the intersection of Persinger Road and Brambleton Avenue, S. W., to be used for street widening purposes, and recom- mended that the body adopt Ordinances accepting those properties. Mr. Young moved to concur in the recommendation of the City Manager and offered the follomiug emergency Ordinance accepting the offer of Temple Emanuel: (mla?OI) AN ORDINANCE accepting the offer of the Trustees of Temple Emannel to convey nnto the City u strip of land along sold Congregation's real estate located on the neth side of Persinger Road. S, W,; and providing for an emergency. (For full text of Ordinance. see Ordinance Boob No, 23, Page 370,) Mr. Young mw ed the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard, Webber. Young, and the President. Mr. Wheeler ................. NAYS: None ....................O.(Mrs. Pickett absent) Mr. Young then offered the following emergency Ordinance accepting the offer of Stanley #. #elch: (g13702) AN ORDINANCE accepting the offer of Stanley N. and Gertrude M. Welch to convey unto the City a 10-foot wide strip of land along their real estate located on the south sides of Persinger Ro~d and Brambleton Avenue, S. and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 23, Page 371} Mr. Youn9 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, Webber. Young. and the President. Mr. Nheeler ............. NAYS: None ....................O. (Mrs. Pickett absent) Mr. Webber stated that certain revisions in the 1959 budget will be necessary to provide for payment of the work authorized, and offered th= followin9 emergency Ordinance: (=13703) AN ORDINANCE to amend and reordain Sect~ n al40. "Street Construction." and Section ~141, 'Sewer and Drain Construction." of the 1959 Appropriation Ordinance. and providing for an emergency. (For fall text of Ordinance, see Ordinance Book NO. 23, Page 372.) Mr. Webber 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, Webber, Young, and the President. Mr. Wheeler ................. 6. NAYS: None ....................O. (Mrs. Pickett absent) DONATIONS-PARKS AND pLAYGROUNDS: The City Manager submitted an offer of Mr. Lewis O. Brown to convey to the city Lots 47. 48, the western part of Lot 49, Lots 50. 51, 52, 53, 56, 57. 56, 59, 60 and 61, Block 1, Noodland Park, located on Church Avenue, S. E., east of Third Street. at no cost to the city, along with a letter from the City Planning Commission recommending that Council accept the offer of Mr. Brawn without qualifications, the City Manager advising that a portion of this property will be needed for the Interstate Spar to be constructed into the city. Mro Dillard moved to direct the City Attorney to prepare an Ordinance pro- viding for acceptance of the property offered by Rro Brown° The motion mas seconded by Hr, Anderson and adopted, RECREATION HEPARTWEITF: Pursuant to a previous direction of Council, the City Manager submitted, for approval of the body, plans and specifications prepared by Eubank ~nd Caldwell and Associates for the Community Center to be erected in Preston Park, N, E,s and recommended tbat Council approve the plans and authorize advertising for bids. Mr. Rebber moved to approve the plans and specifications as prepared by Eubanh, Caldwell and Associates, and to direct the City #anager to advertise for bids for the erection thereof with an alternate providing for substitution of a heat pump for heating and cooling in lieu of the heating equipment contained in the base specifications. The motion was seconded by Dr. Cornell and adopted. MASTER PLAN: Council at its meeting of March 13. 1959. having directed the City Manager to furnish the body certain information and estimates of cost in connection with proposed capital improvements, the City Manager submitted a partial report, covering expansion of the Municipal Building facilities, including modernization of the present building and enlargment of the City Jail. at an estimated cost of $2.575.000.00 for the Municipal Building and $464.000.00 for the Jail; construction of eight bridges in the city. at an estimated cost of $11.423.940.00; construction of between sixty and seventy-five miles of street improvements, at au estimated cost of $500.000.00; and construction of approxi- mately twenty-five to thirty miles of curb. gutter and sidewalk, at an estimated cost of $300.000.00; the City Manager advising that his report on the estimated cos! of a storm drainage system for the Nilliamson Road area will be presented the latter part of October. 1959. and the estimated cost of a municipal auditorium, with- in the next thirty days. Mr. Webber moved to table the above report until receipt of an additional report of the City Manager on the two remaining items. The m(~ion was seconded by Dr. Cornell and adopted, TRAFFIC: The City Manager reported that he has caused a scientific density study to be made of the traffic in the vicinity of the intersection of Orange Ay.nmi and Seventeenth Street. N. W** in connection with the request of Mr. A, Fo Wagner. 1715 Orange Avenue. N. W.. for installation of a street light at said intersection. the City Manager advising that the study shou$ that there is no justification for the installation of a street light at this point, and recommending that the request be de-n i,d. Mr. Young moved to concur in the City Manager*s report. Yhe motion was seconded by Mr. Anderson and adopted. FRANCHISES-APPALACHIAN POWER COMPANY: The City Manager reported that the contract between the City of Roanoke and the Appalachian Power Company. for furnishing po~e£ and lighting to the city. will expire on August 31. 1959. being Hr, Dillard moved to file the report. The motion mas seconded by Mr. Anderson and adopted, REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of May, IgSg, and reported other departmental reports on file in his office. Mr. Dillard moved to file the report. The motion mas seconded by Mr. Anderson and adopted. REPORTS OF COMMITTEES: SEWERS: Council at its meeting of June 1. 1959, by Resolution No. 13747. having appointed a committee to hold a public hearing in connection with the proposed construction of a sanitary sewer project to serve certain portions of the East Gate Addition, the committee submitted its report, advising thatafter advertising the hearing, as provided by law, said hearing was held on July lgSg. at which no one appeared, the committee, therefore, recommending that Council authorize construction of the project and levying of fifty per cent of the cost thereof as assessments against the property served. Mr. Young moved to concur in the recommendation of the committee and offered the following Resolution: (~13794) A RESOLUTION authorizing the construction of sanitary sen*rs to serve portions of the East Gate Addition. for which improvements assessments are to 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 City of Roanoke. (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. Anderson and adopted by the following vote: AYES: Council members Anderson. Corn*Il, Dillard, Webber, Young, and the President, Mr. Wheeler ......................... NAYS: None ............................O. (Mrs. Pickett absent) UNFINISHED BUSINESS: STATE HIUHWAYS: Council at its meeting of June 15, 1959. having tabled for further consideration a recommendation of the City manager that the Yirgtnia Department of Dighmays and the United States Bar*au of Public Roads be requested to make a stndy to determine the feasibility of establishing a Virginia State Highway route that would provide a connection or connections with existing or proposed State and Federal highmays within the citye the matter was again before the body. The City Manager presented a letter from the State Highuay Department. which the Bepartment advised that it considers this a routine study, although an important once to be handled between the City of Roanoke and the Highway Depart- ment. and further advising that no special costs are involved at this time and none are anticipated until such time as decisions are reached and an actual project may be programmed. Hr. Anderson moved to COncur in the recommendation of the City Manager and offered the following Resolution: (mis?0§) A RESOLUTION requesting the Virginia Department of Highways and the United States HuFeau of Public Roads to make a study to determine the feasibili~ of establishing a Virginia State Highway route that would provide a connection with existing or proposed State and Federal highways wlthln the city. (For full text of Resolution. see Resolution Uook No. 23. Page 375.) Mr. Anderson moved the adoption of the Resolution. The motion was seconded by Mr, Young and adopted by the following vote: AYES: Council members Anderson. Corm,Ilt Mebber..Voung. and the President. Mr. MheeleF ................ 5. NAYS: Mr. Dillard ............1. (MFS. Pickett absent) ZONING: Council at its meeting of June 29, 1959, having referred to the City Planning Commission, for study and recommendation, a request of All Star Bowling Lanes that a 3,71 acre tract of land located on the northerly side of Melrose Avenue, N, W., adjacent to its bowling alleys, and designated as Official Tax No. 2660105, be rezoned from General Residence District and Special Residence District to Husiness District, the Commission submitted its report, advising that the rezoning of a portion of the land in question will be a natural extension of an existing Business District, but that the topography of the rear portion of the lot makes Jt more suitable for residential purposes, the Commission, consequently, recommending that Council rezone the front portion Of the tract for a depth of 400 feet running parallel with Melrose Avenue, No W., the Commission further recommending that Council accept the offer Of the petitioner to dedicate a right of way of fifty feet in the rear portion of said tract for the extension of a street, for which land has been previously deeded by the petitioner on the adjoinin properties on the east. Mr. Webber moved to set a Public Hearing on the request for rezoning for 2:00 o'clock, p. m,, August 10, 1959, in the Council Chamber, and direct the Attorney for the petitioner to prepare notice thereof, have it approved by the City Attorney, and present it to the City Clerk for publication. Yhe motion was seconded by Dr, Cornell and adopted. STREETS AND ALLEYS: Council at its meeting of June 29, 1959. having referred to the City Planning Commission for study and recommendation the request #arthu Hix Smith and Carl D. Smith that an alley extending through their property from Richelieu Avenue to Crystal Spring Avenue. between 24th Street nd 25th Street. S. W** be vacated, discontinued and closed, the City Planning Commission submitted its report, advising that the alley in question, never buying been opened and containing no public utilities, is, in the opinion or the Commission0 not needed for public use, and recommending granting the request of the petit~nrs.-- Hr. Webber norad to hold a Public Hearing in the matter for 2:00 **clock0 p. m., August 10. 1959, in the Council Chamber, and direct the Attorney for the petltbners to prepare the proper notice thereof, have it approved by the City Attorney and submit it to the City Clerk for publication. The motion was seconded by Mr. Anderson and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES A~D RESOLUTIONS: CHURCDES: Ordinance No. 13760, authorizing the Trustees of the North- minster Presbyterian Church to taRe and hold Lot 11, Hlock H, according to Rap No. 3, Round Hill Terrace, in the City of Roanoke, for certain purposes, having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Young Offering the ~ollowing for its second reading and final adoption: (~13760) AN ORDINA~C£ authorizing the Trustees of the Northminster Presbyterian Church to taRe and hold Lot 11, Hlock It, according to Map No. Round Hill Terrace, in the City of Roanoke, for certain purposes. (For full text of Ordinance, see Ordinance Oook No. 23, Page 360.) 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, Webber, Young, and the President, Rr. Hheeler ................ NAYS: None ...................O. (Mrs. Pickett absent) EASERENTS-TRAFFIC-SYREETS A~D ALLEYS: Ordinance No. 13765, authorizing the conveyance of a perpetual easement to Appalachian Power Company for a right of way for an electric transmission line across the westerly 24 feet of be eastern portion of Lot 11, Block 5, according to the Map of Barb.ur Heights, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Anderson offering the following for its second reading and f~nal adoption: (~13765) AN ORDINANCE authorizing the conveyance of a perpetual easement to Appalachian Power Company for a right of way for an electric transmission line across the westerly 24 feet of the eastern portion of Lot 11, Block 5, according to the Map of Barb.ur Heights. (For full text of Ordinance, see Ordinance Book No. 23, Page 361. 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, Webber. Young, and the President, Mr. Wheeler ................ NAYS: None ...................O. (Mrs. Pickett absent) '.'238 MOTIONS AND MISCELLANEOUS BUSINESS: STREET IMPROVEMENTS: Dr. Cornell and Mr. Dillard, Jointly, stated that, in their belier, the paving or city streets is the most pressing problem of the city government at present, that the average lire of a blacktopped street is tea years, nod that in order to bring the paving of streets up to date, It will be necessary to pave approximately 53 miles per year for the next seven years. Dr. Cornell then moved to direct the City Attorney to prepare a Resolution stating that it is the policy of Council to complete the paving of all city streets mithio the next seven years, and place the maintenance of the streets, thereafter, on a cycle basis. Mr. Young stated that he does not agree the average life or a paved street Is ten years, and pointed out that a number of the streets in the city have not been paved in thirty years and are still in good condition, that the life or a paved street depends entirely upon the density or the traffic using the same, and while s~me streets will near out in seven to ten years, others will last for thirty to thirty-five years, Mr. Young further pointing out that each year when the preliminary budget is presented by the City Manager, a list of streets to be paved, alum9 with an estimate of the cost'~the~eor, is submitted, and that Council has consistently, over a period of years, appropriated all the funds it has available for that purpose. Mr. Anderson stated that a Resolution of policy, as such, would be meaningl( since this Council cannot bind any future Councils, nor determine the amount Of money that will be available in future years. The motion of Dr. Cornell was seconded by Mr. Dillard and lost by the following vote: AYES: Council members Cornell andDillard---2. NAYS: Council members Anderson, Webber, Young, and the President, Mr. Wheeler ........................... ~L ................. 4, (Mrs. Pickett absent) PENSIONS: Mr. Webber stated that in the last few days a city employee died while still in service and that his ~dou will draw a death benefit of approximately $4,000°00 from the Employees' Retirement System in a lump sum and thereafter receive no pension, Mr. Webber pointing out that the trend in pension systems today is to provide pensions for widows in relat ion to the pension the husband would draw if retired, and moved to direct the Board of Trustees of the Employees' Retirement System to study the question of providing pensions of fifty per cent to surviving spouses, retaining death benefits with the exception of refunding con- tributions, and submit its report and recommendations thereon. The motion ua, seconded by Mr. Young and adopted. LIBRARY BOARD: The Mayor stated that due to the absence of Mrs. Pichett the question of appointing a member or the Roanoke Public Library Board will he laid over until the next regular meeting or Council. There being no further business, Council adjourned. APPROVED Clerk President '39 COUNCIL, SPECIAL MEETING, Saturday, July 18, 1959, Pursuant to call by the Pr*aid*ut, the Council of the City of Roanoke met in special meeting la the Council Chamber in the Municipal Building, Saturday, July 18, 1059, at 10:00 o'clock, a. e., for the purpose of couside~ing adoption of a Resolution of invitation to Union Carbide Corporation to locate a plant in the City of Roanoke, the President* Mr. Nh*el*r, presiding. PRESENT: Council members Anderson. Corn*Il. Mebb~r. Young. and the President. Mr. Wheeler ............................ ABSENT: Council members Dillard and Pickett ......2. OFFICERS PRESENT: Mr. Randolph G, Mhlttle, City Attorney, and Mr. J. Rob*ri Thomas, City Clerk. INDUSTRIES: The Mayor stated that since Union Carbide Corporation bas taken an option to purchase the Roanoke plant of the American Viscose Corporation, the members of Council feel it will be proper to issue an official invitation of the City of Roanoke to said corporation, and assure it of the cooperation of the city in the venture. Dr. Corn*Il offered the following Resolution: (~13766) A RESOLUTION inviting Union Carbide Corporation to locate a plant in the City and assuring said corporation of this Conncll*s Co-operation. (For full text of Resolution, see Re$olutim Book No, 23, Page 376,) 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, Corneli, Webber, Young, and the President. Mr. Wheeler ............................................ NAVS: None ....................................O. (Council members Uillard and Pickett absent) There being no further business, Council adjourned. APPROVED President COUNCIL° REGULAR MEEYlNG, Monday, July 27, 1959. The Council of the City of Roanoke met in regular meeting in the Council Chamber ia the Municipal Building. Monday. Jnly 27, 1959, ut 2:00 o'clock, p. the regular meeting hour, with the President, Nr. Mheeler, 'presiding. PRESENTz Council members Anderson, Cornell. Dillard, Pickett, Mebber, Young, and the President, Mr. Mheeler ............. T. ABSENTs None .............................. O. OFFICERS PRESENT: Mr. ~arry R. Yates, City Aodltor and Acting City Manager, Mr. Randolph C. Mhittle, City Attorney. and Mr. J. Robert Yhomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Riley J. Stewart. Paster, East End Baptist Church. MINUTES: Copies of the minutes of the regular meeting held on Moaday, July 13. 1959. and of the special meeting held on Saturday. July ID. 1959, having 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. REARING OF CITIZENS UPON PUBLIC MATTERS: MUNICIPAL AUDITORIUM: Mr. Arthur T. Ellett. President of the Roanoke Chamber of Commerce. Mr. W. P. Booker. Chairman of the Civic Center Committee of the Chamber of Commerce. and Mr. A. 5. Rachal. Jr., Executive Director of the Roanoke Chamber of Commerce. appeared before Council and presented a report of a study made by the Civic Center Committee. the committee recommending that the body acquire a site of a~proximately 22 to 25 acres of land for the erection Of an auditorium and a coliseum and the provision of parking space for approximately 2,000 automobiles, advising that in the opinion Of the Chamber Of Commerce suitable tracts Of land with that amount of acreage are becoming scarce and that such a [~Fcel should be acquired at an early date. Mr. Mebber moved to receive and table the report along with the capital improvements program now under consideration by Council. The motion was seconded by Mr. Dillard and adopted. SYORM DRAINS: Mr. Joseph Mysor Smith, Attorney, representing Dr. and Mrs. Philip C. Trout, Mr. and Mrs. Riohard C. Stephenson and other residents of the 2900 block of Rosalind Avenue, S. W., appeared beforeCouncil. along with several of his clients, and advised that due to the development of Stone Monntain, lying to the south of their residential area, tremendous quantities of storz water from the mountain pour down over their properties, causing considerable damage to the streets, as well as their personal properties, the petitioners requesting that Council take immediate action to relieve the situation, Mr. Smith pointing Out that notice of the damage sustained has previously been filed with the Mayor and the City Attorney. submit to Council his recommendation for immediate measures to relieve the situation and for ultimate measures to provide a permanent solution, along with an estimate of the cost thereof. The motion was seconded by Hr. Anderson and adopte~. PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Mr. V. H. Garnand and a committee from the Garden City Civic League appeared before Council and stated that the Cyphers property in the Garden City area. which has previously been used as a playground for that vicinity, is adjacent ~o the Rartsook Estate that is being developed for residential purposes and that the citisens of the area fear that the Cyphers property will be likewise developed, thus being lost as a playground for the area, the League. therefore, requesting that the body take action to acquire the property by purchase. Mr. Garnand was advised that the city has a lease on the property for three years, with an option for renewal of two additional years, the three year lease extending to lqGO and the option extending to lg62, that Council is aware of the problem and has in the past attempted to acquire the Cyphers property by purchase. In response to a question from Mrs. Pickett. Mr. Garnand advised that the school playground area is not available to the citizens except for school children during school periods. Br. Cornell then moved that the City Manager be directed to negotiate with the osners of the property in question to arrive at a price for the purchase thereof, and failing in this, to study the question of a permanent park for the area and submit his recommendations thereon; also, that the City Manager consult slth the Roanoke City School Board to determine why the play areas of the school property, in Garden City are not available to the citizens under the joint agree- ment between the city and the School Board for use Of park and school properties and report thereon to Council. The motion was seconded by Mr. Anderson and adopted. SLUM CLEARANCE: A committee of resident~ of the Commonwealth Redevelopmen Project area. headed by Mrs. Cordelia S. Williams, appeared before Council and complained that residents of that area are still unable ~o acquire deeds for property for which they have paid either in money Or exchange of property and are unable to secure any definite information from the City of Roanoke Redevelopment and Housing Authority concerning such deeds, the committee requesting that Council take some action to obtain this information for them. Mr. Dillard moved to direct the City Clerk to inquire of the City of Roanoke Redevelopment and Housing Authority why deeds cannot be given to these ,; ',42 citizens. The motion was seconded by Dr, Cornell. Mr, Webber stated that Council is without authority In abe wetter and offered a substitute motion to direct the City Clerk to ash the City of Ronnohe Redevelopment and Rousing Authority to set u date for a public weeting ut which the citizens concerned can wake their complaints and hare it explained to thew why deeds cannot be given by the Rousing Authority. The moron wzs seconded by Hr, Young and adopted. PETITIONS AND CONNRNICATIONS: STREETS AND ALLEYS: The City Cloth presented a petition from residents of Stewart Avenue. S. E., requesting that the said street be pared with blachtop between 13th Street and 18th Street. Council being advised that the Director of Public Works has included this street in his preliminary list for consideration in the lgCO repaying program, and that the street is being maintained under the street repair program at the present time, Hrs. Pickett moved to file the petition and to notify the petitioners that the street will be considered for the 1960 program. The motion was seconded by Mr. Anderson and adopted. SYREEYS AND ALLEYS: The City Clerk presented a communication from R. Clayton Lemon. requesting that Larchwood Street, N. E., lying between Block 3 and Block 4, Union Stock Yard Corporation Nap. be vacated.discontinued and closed. Dr. Cornell moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Hr. Young and adopted. PURCHASE OF PROPERTY-pARES AND pLAYGROUNDS: The City Clerk presented a communication from the City Planning Commission, recommending that Council take steps to acquire a 3.121 acre tract of land owned by E. Jackson Thomas which is adjacent to the Villa Heights Community Center, as an addition to the park area of that Center. Mr. Young moved to refer the matter to the City Manager for a study of the tract of land as to its suitability and use for the purpose recommended, negotiation with the property owner to arrive at a purchase price, and submission of his recommendation to Council. The motion was seconded by Mr. Webber and adopted. STREEYS AND ALLEYS: The City Clerk presented a petition from Dr. and #rs. C. Fallon Davis, Jr., and Mr. David T. Mahan, requesting that a portion of an alley extending northward through their properties from Melrose Avenue, N. and lying east of Forest Park Boulevard, be vacated, discontinued and closed. Mr. Young moved to refer the request to the City Planning Commission for study and recommendation. Yhe motion Was seconded by Mrs. Pickett and adopted, SERAGE DISPOSAL: The City Clerk presented Resolutions of the Board of Supervisors of Roanoke County, requesting that the contract of September 29. 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) o 25-acre tract of land lyin9 on the westerly aide of Plantation Road, north of the carT. (b) a IS.33-acre tract of land lying east of the Veterans Administration Hospital, and south of Virginia State Route No. 742, and (c) a 21.6-ncre~oot of land known as Arlington Hills. lying on the east of O. S. Highway Route 221. and mest of the Cave Spring High School tract. Mrs. Pickett moved to refer the request to a committee composed of Messrs. Roy L, Webber, Chairman. ~nlter L, Young, Arthur S, Owens and Randolph G. #hattie for study and recommendation. The motion was seconded by Hr. Anderson and adopted. Mr. Dillard voting no, REPORTS OF OFFICERS: BUDDEY-CIYY JAIL: The Acting City Manager reported that the Medical Expense Account of the City Jail is exhausted and requested a supplemental appropriation of $1,500,00 to that account, Mrs, Pickett moved to concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: (z13787) AN ORDINANCE to amend and reordain Section ~30, *Jail** of the 1959 Appropriation Ordinance. and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book NO, 23, Page 378,) 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, #ebber, Young,and the President, Mr, Wheeler ........... NAYS: None ............................O. WATER DEPARTMENT: The Acting City Manager submitted a report of the Manager Of the Rater Department, advising that due to the increased consumption of water in the Delray Pumping System.the pumps supplying the system from the low pressure supply are inadequate to meet the requirements, and requesting that authority be granted to temporarily install a pump, which is on hand in the Rater Department, at the Carroll Avenue tank site for the purpose Of pumping additional water into the Delray Pumping System, estimating that the cost of such installation will be $2,500,00, the Acting City Manager concurring in the request. Mr, Raymond E, Pillow, Manager of the Water Department, appeared before Council and advised that the temporary installation will provide sufficient water until such time as a permanent installation may be planned to meet require- ments Of the Delray Pumping System, stating, however, that these permanent plans must await the termination of the annexation proceedings now being contemplated, Mr, Young moved to direct the City Attorney to prepare a Resolution providing for the temporary installation as recommended by the Manager of the Rater Department. The motion was seconded by Mr. Dillard and adopted, Mr, Webber voting no, APPOINTMENTS-POLICE DEPARTMENT: The Acting City Manager reported the employment of Messrs, Bruce A, Mangrove and Donald R, Shelton as Police Officers, effective July 15, 1959. '?' 44 Rt.'Anderson moved to file the report, The motion mas s~conded by Br. Cornell and ~dopted~ APPOiBTMENTS-F'IRE DEPARTRRNT: The Acting City #manger repbrted the appointment of Hr, S, W.' V~aghsn as Acting AsilstantFire Chief. effective July 16, 1959, WF. Anderson moved to file the report. The mbtion was seconded by DF. Cornell and adopted. SIGNS: The Acting City Homager reported that l~ accordance with n directive of Council at its meeting of June 29, 1959. a study has been made of the request of Southern Belle Drive-In Restaurant for'permission to erect a sign in front of its property at 3719 Milliamson Road. N. M.. in the street area adjacent to the sidewalk, and that the City Manager has concluded that the granting of such permission will create hazards and unattractive conditions throughout the city and particularly on Nilliamson Road, and recbmmended that the reqnest be denied. Mr. Dillard then offered the following Resolution which mas prepared according to the directive of Council at its meeting of June 29, 1959: (~13768) A RESOLUTION granting a permit to Southern Belle Drive-In Restaurant to install a sign on City property. (For full text of Resolution, see Resolution Book No. 23, Page 3?B.) Mr. Dillard moved the adoption of t~ 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. BUDGET-ARRORY: The Acting Citl Manager reported that there is a deficit in the Improvement Fund - Armory Account, by reason of an overrun in the cost of air-conditioning the National Guard Armory, in the amount of $3?2.00, and requested an appropriation in that amount. Mr. Yonng moved to concur in the request and offered the following emergency Ordinance: (#137B9) AN ORDINANCE to amend and reordain Section =14R, "Transfer to Improvement Fund," of the 1959 Appropriation Ordinance, and providing for an (For full text of Ordinance. see Ordinance Book No. 23, Page 3?9.) Mr. Yonng moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the folloming vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler .......... ?. NAYS: None ............................ O. STREET LIGHTS: The Acting City Manager submitted a report recommending certain changes to the street lighting system at the intersection of Persinger Road and Brambleton Avenue, S. W., in connection with improvements thereat. (Xl3?gO) A RESOLUTION authorizing the installation of additional street lights and the replacement of certain existing street lights at the inter- section of Ornmbleton Avenue and Persiager Road. S. (For full text of Resolution. see Resolution D,ok No. 23. Page 37Q.) Mr. Dillard moved the adoption of the Resolution. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Webber, Young, and the President. Mr. Rheeler .......... NAYS: None ............................O. SCHOOLS-SERERS-WATER DEPARTMENT: Council at its meeting of J,ne 29. 1959, having directed the preparation of an estimate of the cost of extending a water main to the Stewart school site north of Rershberger Road. the Acting City Manager submitted an estimate prepared by the Manager of the Water Depart- ment. estimating a cost of $19.250.00 for installing a 12-inch main in Cove Road from Hershberger Road to R,ntt Lane and an 8-inch main in R,ntt Lane from Cove Road to the school property, and an alternate estimate of $16,500.00 for construction Of an 8-inch main in Cove Road and R,ntt Lane from Hershberger Road to the school property, advising that in bis opinion it would be better to construct the 12-Inch and O-inch mains in order to provide service for potential customers along the route. Mr. Webber moved to direct the City Manager to advertise for bids for the construction of the 12-inch main and O-inch main project, estimated to cost $19,250.00. The motion was seconded by Mr. Young and adopted. BUDGET-CITY HOME: The Acting City Manager submitted a report from the Director of Public Welfare. requesting an appropriation of $5,625.00 to provide for the employment, during the remaining five months Of the year, of one registere nurse, tm, practical nurses and three orderlies at the City Home. advising that there are now sixty-five patients in the Home, most Of whom are entirely depen- dent upon nursing and other care, and that the present staff is insufficient to meet this demand, the Director of Public Welfare further advising that the request as made is based upon a survey of the State Department of Health and its recommendations in order to meet requirements for a license to operate the Home under state hospital rules, the Acting City Manager concurring in the request. Or. Cornell moved to concur in the recommendation Of the Acting City Manager and offered the following emergency Ordinance: (gl3?gl) AN ORDINANCE to amend and reordain Section =54, *City Home** of the.lgSg Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook NO. 23, Page 380.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: "46 AVES: Council members Anderson, Coruello Dillsrd, Pickett, Nebber, Young, und the President, Mr, Mheeler NAYS: None ............................O. JOB CLASSIFICATION-DEPARTMENT OF PUBLIC MEt.FARE: The Acting City Manager submitted u request of the Director of Public Nelfare. that the Salary and Nuge Plan of the city be amended by including therein u new classification. Social Mother 'C#, under Grade VIII, advising that this classification has been recently put Into effect by the State Department of Public Nelfare. Mr. Mebber moved to table the request for consideration at a later date mhen other related matters, which are presently under study by the City Manager. are submitted to Council. The motion mas seconded by Mr. Y,un9 and adopted. BUDGET-DEPARYMENT OF PUBLIC' NELFARR: The Acting City Manager submitted the annual budget Of the Department Of Public Nelfare for the fiscal year begin- nih9 July 1, 1959, and ending June 30, lgGO, uhich has previously been approved by the Department of Welfare and Institutions of the Commonwealth. the budget. · as submitted, providing for a $220.552.09 increase in appropriations in the 1959 budget for categorical relief. Mr. Rubber moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Young and adopted. REPORTS OF COMMIYYEES: NONE. UNFINISHED BUSINESS: STREET NAMES: Council at its meeting of June 15. 1959. having referred to the City Plannin9 Commission for study and recommendation a recommendation of the City Manager that a portion of Hoover Street. N. N.. be renamed, the Commission submitted its report, concurring in the previous recommendation of the City Manager. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the followin~ Resolution: (~13792) A RESOLHTION changing the name of portions of Hoover Street. (For full text of Resolution. see Resolution Book No. 23, Page 38L) Mrs. Pickett 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. #ebber. Young, and the President, Mr. Mheeler .......... T. NAYS: None ............................O. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLHTIONS: ZONING: Ordinance No. 13770. res,ming property located on the east side of Nilliamson Road. N. R.. knomn as Lots 9. 10 and 11. Block B. Airlee Court Map. from Special Residence District to Business District. having 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: (=13770) 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. '47 (For full text of Ordinnnce. see Ordinance O,oh No. 23. Page 377.) Mr. Young moved the adoption of the Ordinance. The motion uss seconded by #r. Anderson and'adopted by the f,Il,ming vote: AYES: Council members Anderson. C,mall. Dillard. Pickett. Webber. Young. nad the President. Hr. Rheeler .......... NAYS: None ............................O. DONATIONS-PARKS AND PLAYGROUNDS: Council at its meeting of July 13. 1959. having directed the preparation of an Ordinance accepting the offer of Hr. and Rrs~ Lewis O. Drown to convey to the city certain real estate. Hrs. Pickett offered the f,Il,wing emergency Ordinance: (~13793) AN ORDINANCE accepting the offer of Mr. and Mrs. Lewis O, Brown to donate and convey unto the City certain lots shown on the Woodland Park Map; and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 23. Page 301.} Rrs. Pickett moved the adoption of the Ordinance. Yhe 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 .......... NAYS: None ............................O. MOYIONS AND MISCELLANEOUS BUSINESS: INDUSYRIES: Dr. Cornell stated that in his opinion Council should appoint a committee to work for the development of industry in the City of Roanoke and the surroufldtn9 area. stating that the committee could cooperate with the Chamber of Commerce. the Roanoke Valley Development Corporation. the Industrial Department of the Norfolk and Nestern Railway Company. the Industrial Department of the Appalachian Power Company. and others in the community. Dr. Cornell suggesting that Council appoint a committee composed of Messrs. Walter L. Young, Chairman, Roy L. Webber, Benton O. Dillard and Charles M. Cornell to further the development Of industry in the City of Roanoke and the surrounding area. Mr. Webber stated that it is his belief that all members of Council should work toward the industrial development of the community, particularly the city. and that. personally, he has attempted to do so during the entire period Of his service on Council and feels all other members of the body should do likewise. Dr. Cornell then moved that the seven members of Council he constituted as a Committee Of Council to further the development Of industry in the City of Roanoke and the surrounding area. with Hr. Nalter L. Young as Chairman. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson. C,mall. Dillard. Pickett. Webber. Young. and the President. Mr. Wheeler ........... NAYS: None .............................O. LIBRARY BOARD: The question of appointing a member of the Roanoke Public Library Board to fill the vacancy created by the retirement of Mrs. Nancy Lukens Hamilton having been laid over from previous meetings of Council. Mr. Dillard moved to table the matter until the next regular meeting of the body. The motion uss seconded by Mr. Webber and adopted. UNITED STATES CONFERENCE OF,NAYORS~ #rs. Pichett stated that she attended the United States Conference of~ Mayors Conference in Los Angeles. California, as. · representative of Council, and requested that a record thereof be sade ia the minutes, stating further that in her belief attendance of the Conference is in the interest of, and a benefit to, the city. There being no further business, Council adjourned. APPROVED President. COUNCIL, REGULAR MEETING, Monday, August 10, 1959. The Council of the City of Roanoke met In regular meeting in the Coancil Chamber In the Municipal Building. Monday. August 10, 1959, at 2~00 o'clock, p. m** the regular meeting hoar, with the President, Mr. Mheeler. presiding. PRESENT~ Council members Anderson, Cornell, Dillard, Pickett, Mehber, Young, and the President, Mr, Mheeler ............... AHSENT~ None ...............................O. OFfiCERS PRESENT: Mr. Harry R. Yates, City Auditor and Acting City Manager. Mr. Randolph G. Mhlttle, City Attorney. and Mr. J, Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Y. Beecher TravJs, Pastor. St. Paul Methodist Church (Negro). MINUTES: Copy of the minutes of the regular meeting held on Monday, July 2Y, 1959, 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. HEARING OF CITIZENS UPON PUBLIC MA~YERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m., August 10, 1959, In the Council Chamber, on the question of rezoning from General Residence District and Special Residence District to Business District that portion of a 3.?1 acre tract of land located on the northerly side of Melrose Avenue, N. designated as Official Tax No. 2660106, adjacent to the All Star Bowling Lanes. extending back 400 feet in depth from Melrose Avenue, and notice of the hearing having been published in The Roanoke Morld-News on July 24, 195~, 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 U. Coulter, Attorney for the All Star Bowling Lanes, appeared and advised Council that his client proposes to use the property cocerned for off- street parking in connection with its business, Mr. Coulter asking that the body grant the request aa recosmended by the City Planning Commiasion~ Dr, Cornell moved that Council concur in the recommendation of the City Planning Commission and that the follosing Ordinance be placed upon its first reading: (~13794) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1~56, in relation to Zoning. WHEREAS, application bas been made to the Council of the City of Roanoke to have a certain 3.71 acre tract of land located on the north side of Melrose Avenue, N. ~., in the City of Roanoke, Virginia, designated as Official Tax Number rezoned from General Residence District and Special Residence District to Dusiness District; and "' 50 MHEREAS. the City Planning Commission hms recommended that the front, or southerly. portion of the above parcel of land. for a depth of 400 feet from Melrose Avenue. be rezoced to Duslness District as requested; and MHRREASo notice required by Title X¥. Chapter 4. Section 43. of The Code of th~ ~lty of Roanoke. 1956. relating to Zoning.. has been published in "The Roanoke Morld-Nems.# n 'newspaper published 'in the City of Roan,Re. for the tine required by said section; and MHEREAS. the hearing as provided for in said n~tlce published in the said newspaper was held on the lOt~ day of August. 1959. at 2:00 ,*clock. 'p. n.. before the Council of the City of Roanoke in the Council Chamber in the Municipal Building. at mhic'h hearing all parties In interest and citizens were given an opportunity t'o be heard both for and against the proposed Fez,ming; and RHEREAS. this Council. after considering the evidence presented, is of the opinion that the hereinafter described parcel of land should be rez~ned as requested THEREFORE. HE IT ORDAINED by the Council of the City of Roanoke that Title XY. Chapter 4. Sectlo~ I. of The Code of the City of Roanoke. 19S6. relating to Zoning. be amended and reenacted in the following particular and OD other. Viz.: That front, or southerly, p~rtion of a 3.71 acre tract of land located on the north side of Melrose Avenue, N. N.. in the City of Roanoke, ¥irglnia, fronting approximately 231.0 feet thereon and extending northerly therefrom 400 feet in depth, designated on Sheet 266 of the Zoning Map as the southerly part of Official Tax No. 2660106. be, and is hereby, changed from General Residence District and Special 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. Nheeler ................ 7. NAYS: None ........................... O. Mr. Webber then pointed out that the All Star Bowling Lanes has offered to donate to the City of Roanoke a strip of land fifty feet in ~idth in the rear of its 3.?1 acre tract to:provide for extension of a street for which the petitioner has previonsly donated property in the rear of its adjoining tract. M~. Webber moving to direct the City Attorney to prepare the necessary Ordinance and related papers for transfer of the said strip of land to the city. The motion was seconded by Mr. Young and adopted. STREETS AND%LLEYS: A public hearing having been set for 2:00 o'clock. p. m., August 10. lg5g, in the Council Chamber. on the request of Martha Hix Smith and Carl D. Smith that an alley extending through their property from Richelieu Avenue to Crystal Spring Avenue, S. ~., between Twenty-fourth Street and Twenty- fifth Street, be vacated, discontinued and closed, and notice Of said hearing having been published in The Roanoke Norld-News on July 24, 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, Tow Stockton Fox, Attorney for the petitioners, appeared and advised Council that the alley in question his not been opened nod the only nsc ever wade thereof was a water wain which uns abandoned when the water wain was constructed in Richelieu Avenue, S. M., Mr. Fox.stating that Council, in 1921, by Resolution. closed the alley to public use, but provided that it wight be reopened by the city whenever it became necessary, and requesting that Council concur in the recommender! of the City Planning Commission to permanently vacate the alley. Mr. Anderson moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~13795) AN ORDINANCE vacating, discontinuing and closing a certain twelve foot alley in the southwest section of the City of Roanoke lying between the northern ends Of Lets 1. 2. 3 and 4. and the southern ends of Lots S and 6. Block 54. according to the Map of the Crystal Spring Land Company. said alley running from Richelieu Avenue to Virginia Avenue. now Crystal Spring Avenue. the southerly line thereof on Richelieu Avenue being 190.57 feet northerly from 4th Street. now 25th Street. and on Crystal Spring Avenue being 20?.56 feet northerly from the said 25th Street. RHEREAS. Mar,ha Hix Smith has presented to Council written instrument dated June 25. 1959. between herself and Carl D. Smith. her husband, and The Bank of Virginia. signed and acknowledged by all of the parties in accordance with the provisions of Section 15-766.1 of the Code of Virginia. 1950. as amended, which instrument sets forth the fact that Mar,ha Hix Smith is the sole abutting property owner on said alley, which for a great many years past has been included in the yard of her property and her predecessors in title; and RHEREAS. Resolution sas adopted by Council of the City of Roanoke. Virginia. on the Otb day of January. 1921. relative to the said alley, as follows: #A Resolution to close to public traffic an alley lying north of 4th Street and extending between Virginia and Richelieu Avenues between the properties of John W, Hicks and Dr. ~illiam A. Johnson. #Be It Resolved by the Council of the City of Roanoke that the alley lying north of 4th Street and extendin~ from Virginia to Richelieu Avenue between the o properties Of John ~. Hicks and Dr. Nilliom A. Johnson be. and the same is. hereby closed to public travel. *Be it further resolved that whenever it becomes necessary to open said alley, the City of Roanoke reserves the right to do so. The said alley being shown upon the blue print hereto attached and made a part of this resolution** and RBEREAS. The Bank of Virginia has a lien on the said property of the said Mar,ha Bix Smith by virtue of a deed Of trust of March 26. 1957. of record in the Clerk*s Office of the Hustings Court for the City of Roanoke. Virginia. in Deed Book 1004. Page 409. wherein Martha Hlx Smith and Carl D. Smith. her husband. conveyed said Lots 1 through 4. inclusive, and the southerly portions of Lots 5 and ~. Block 54. according to the Map of the Crystal Spring Land Company. to Lawyers Title Insurnnce. Corporntion nnd E, Griffith Dodson, Jr,, Trustees, in trust to secure said The Rnn~ or Virginia $12,000,00, evidenced by one note, which suid note is held by said The Bank of Virginia; and ~BEREASo the said #artba Rix Smith, Carl B, Swith and the said The Bank of Virginia are the only parties who are, and could be, interested in the vacation of the said alley, there being no other property owners in the vicinity whose rights or privileges would be.abridged by the vacation of the said alley; and WHEREAS, the request of the said abutting property owner for the.closing of the said alley bus been considered and approved by the City of gouache Planning Commission; and WHEREAS, by Resolution adopted by the Council of the City of Roanoke on the 13th day of July, 1959. 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 on the lOth day of August. 1959, in the Council Chamber in the Runicipal Building in the City of Roanoke, to consider the application to vacate, discontinue and close the said twelve foot alley; and WHEREAS. due notice so required was given as required by law; and ~flEREAS, said public hearing was held on the lOth day of August, 1959, pursuant to said notice, and no inconvenience to the public or other abutting property owners will result from permanently vacating, discontinuing and closing sas alley; and WHEREAS. the said Martha Hix Smith has agreed to bear and defray the costs and expenses incident to this proceeding. THEREFORE, BE IT ORDAINED by the Council of the City Of Roanoke that the Council officially expresses its approval of the said written agreemeot of June 25, 1959, and does approve the vacation, discontinuing an~ closing of the said alley in the southwest section of the City of Roanoke lying between the northern ends of Lots 1, 2, 3 and 4, and the southern ends of Lots 5 and 6, Block 54, according to the Map Of the Crystal Spring Land Company. said alley running from Richelieu Avenue to Virginia Avenue, now Crystal Spring Avesue, the southerly line thereof on Richelieu Avenue being 190.57 feet northerly from 4th Street, now 25th Street, and on Crystal Spring Avenue being 20?.56 feet northerly from the said 2Sth Street. BE IT FURTHER ORDAXNED that all right, title and interest of the City of Roanoke and the public, if any, in and to the said alley described herein by hereby released insofar as the Council is empowered so to do; provided, however, that this ordinance shall not be effective until the said Marthn Rix Smith shall cause the said agreement of June 25, 1959, to be recorded in the Clerk*s Office of the Hustings Court for the City of Roanoke. BE IT FURTHER ORDAINED that upon the recordation of the said agreement, as aforesaid, that the City Engineer be, and he is hereby directed to mark "pERMAnENtLY VACATED, DISCONTINUED AND CLOSED" the above described alley on ail maps and plats on file in the Office of the Citl Engineer of the City of Roanoke on which said maps and plats said alley is shown, referring to the book and page of t~e Resolutions and Ordinsaces of the Council of the City of Roanoke wherein this ordinonce shall be spread, and referring to the deed boob nnd page of the Clerh's Office of the Dustings Court for the City of Roaaohe wherein the said agreewent of June 25, 1959. is filed for record. DE IT FURTHER ORBAIN£D that the Clerk of the Council deliver to the Clerk of the Dustings Court for the City of Roanohe and the Clerk of the. Circuit Court of Roanoke County. Virginia. a copy of this ordinance, in order that the said Clerks may make all proper notations on all plats or maps. if any, of record in their offices-upon which are shown said alley, and that further the Clerk of this Council deliver to Martha Hix Smith n certified copy of this ordinance, and that a certified copy of this ordinance be attached to the said agreement of June 25. 1959, and filed therewith in the ClerkOs Office of the Dustings Court for the City of Roanoke. all such recording and other costs to be borne by the said Martha Bix Smitl The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES~ Council members Anderson. Cornell, Dillard, Pickett. MebbeF, Young. and the President. Mr. Wheeler ........................ NAYS: None ......................................O. PETITIONS AND COMMUNICATIONS: SYORM DRAINS; The City Clerk presented a petition from twenty=nine residents Of Westwood Boulevard, Troutlaud Avenue, Crowmoor Street. Shenandoah Avenue and Thirty-sixth Street, N. W., advising that considerable damage is being done to their properties by storm waters, that this condition has existed over a period of years, but has recently been aggravated by the development of a sub- division immediately to the west of their properties, the residents requesting that Councll take action to eliminate the situation. Mr. Deorge W. Draper, Attorney for the petitioners, appeared before Council and stated that he has been in contact with municipal officials, particular the Director of Public: Works. concerning this-problem, and that the Director of Public Works has caused an estimate to be made of the minimum storm drain required to relieve the situation and has advised him that if.the city constructs the storm drain, it will be necessary that curb and gutter also be constructed on the streets concerned for which the property owners will have to pay one-half the cost thereof, and thatin order to construct the storm drain required, it will be necessary for the property owners to furnish rights of way across their properties between Thirty-sixth Street and Westwood Boulevard, N. W.. Mr. Draper stating that he has taken these matters up with his clients and that those affected are willing to donate the necessary easements for the storm drain and all Of the property owners have signified their willingness to pay one=half the cost of construction of curb and gutter, Mr. Draper pointing out that the drain, in itself, will relieve from damage only a portion of the properties concerned, and that construction of curb and gutter, with consequent grading of the streets, is essential. Vhe Acting City Manager presented an estimate prepared by the Director of Public Works for construction of a storm drain along Shenandoah Avenue, N. M., from Westwood Boulevard westward to a point west of Cum Street; northward on Restmood Boulevard end Thirty-sixth Street. N. M,, for a short distance; and e extending betmeea Thirty-sixth Street and Westwood Boulevard to Troutlaad Avenue, N. R.. with a side connc~tion to Thirty-sixth Street. N, B** the total estimated cost being $32,575,40. Several citizens or the area appeared in support of the statements made by Hr. Draper. Mr. Mebber moved to direct the City Manager to adrertfse for bids for tbs construction of the storm drain as proposed by the Director of Public Moths. said bids. mhen received, to be submitted to Council for its consideration, The motion mss seconded by Mr. Dillard and adopted. BF. Draper was then advised to have his clients file the necessary petitions for construction of curb and gutter, which will be handled through the city*s administrative offices, and reminded that the affected property owners will be requested to furnish the necessary easements through their lands for construction of the storm drain. RURICIPAL AUDITORIUM: The City Clerk presented a report of the Roanoke Junior Chamber of Commerce, Incorporated. covering a study of a coliseum for the City of Roanoke, which it estimates mill cost in excess of $2,000,000.00 to construct, exclusive of land costs, along with a Resolution of the Junior Chamber of Commerce. stating that it will be necessary to have approximately 30 acres of land as a site for said coliseum and. due to the shortage of tracts of land of this size, recommending that Council acquire such a site at an early date upon which a coliseum can be constructed in the future. Mr. Anderson moved to table the report for consideration along with other capital improvements being studied and express the appreciation of Council to the Roanoke Junior Chamber of Commerce, Incorporated. for its efforts in preparing the study and report. The motion was seconded by Mr. Young add adopted. STREET LIGHTS: The City Clerk presented a report of the Appalachian Power Company. covering the installation of four 2500 lumen overhead incandescent street lights and the replacement of three 2500 lumen street lights with 6000 lumen units during the month of July, 1959. Mr. lebber moved to file the report. The motion was seconded by Mr. Yawn9 and adopted. SLUM CLEARANCE: The City Clerk presented a communication from the City of Roanoke Redevelopment and Rousing Authority, advising that in compliance with the request of Council ut its meeting of July 27, 1959, it mill hold a public meeting for citizens of the Commonwealth Redevelopment Project to discuss the matter of deeds for said citizens* properties in the near future, the date thereof depending upon receipt of a report on studies presently being conducted for the Authority, by consultants, in connection with land-use problems created by the proposed Interstate Highway Spur traversing the Redevelopment Project area, Transmitted with the communication from the City of Rosnohe Redevelop- ment and Housing Authority were two previous communications dated October 24, 1958, and May H, 1959. mhlch were sent directly to the members of Council, citing problem* which mill develop ia connection with the proposed Interstate Highway Spur la the Commonwealth Redevelopment Project, Mr. Yoan9 moved to file ~he communication, The motion mas seconded by Mr, Mebber and adopted, SRMAGE DISPOSAL: The City Clerh presented a Resolution of the Council of the Toms of Salem, rescinding itt Resolution of March 9, 195g, requesting that the contract of October 16, 1953, hetmeen 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 containing 26 1/2 acres, and presented aa additi Resolution of the Council of the Town of Salem, math a nam request for amendment of the aforesaid contract to include 12.21 acres of the aforesaid School site, which is located on the old County Poor House Farm, 0.6 mile north of U. S. Route 11 and 0.1 mile west of Virginia State Route 643. Mrs. Pickett moved to refer the new request to a committee composed of Messrs. Roy L. Nebber, Chairman, Maimer L. Young, Arthur S. Owens and Randolph C. Mhittle for study and recommendation. The motion was seconded by Dr. Cornell and adopted.. STREET LIGHTS: The City Clerk presented a petition from residents of the 400 block of Arbor Avenue, S. E., requesting that a street light be installed approximately in the center of the block, stating that the present lighting on the street is inadequate. Mr. Young moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Anderson and adopted. . REPORTS OF OFFICERS: BUDGET-STATE HIGHNAYS: .The Acting City Manager presented a report of the Director of Public Norks, advising that the Virginia Department of Highways has now proceeded to a point in planning for improvements to Virginia State Route No. 117 from Hershberger Road to Melrose Avenue, N. H.. in which improvements Council, by Resolution No. 13714, adopted Hay 4, 195g, signified its willingness to participate to the extent of twenty-five per cent Of the cost not to exceed $50,000.00, where it is necessary to start acquisition of the necessary right of way which is the responsibility of the City Of Roanoke under the program, the Director of Public Horks advising that in order for the city to proceed math such acquisition it will be necessary to provide funds for appraisals and preiiminary worh in connection theresith, and ~equesting the appropriation of $§,000.00, in which request the Acting City Manager concurs. Mrs. Pickett moved to concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: .'t ':56 (x13796) AN ORDINANCE to emend nnd reordnin Section si40, *Street Construction," of the 1959 Approprintion Ordlcnnce, and providing for nn emergency. (For full text of Ordinance, see Ordinance nook No. 23. Page 3S2.) Mrs, Pickett moved the ndoption of the Ordinance. The motion was seconded by #r. Young end adopted by the folloming vote: AYES: Council members Anderson. Cornell, Dillard. Pickett. Yebber, Young. nnd the President, Mr. Ubeelev ................ NAYS: None ...........................O. RECREATION DEPARTMENT: Pursuant to a directive of Council at its meeting of July 13, IgSgo the Acting CitT Manager submitted a tabulation of bids received for construction of the Preston Park Community Center, showing the bid of J. R. Underwood Construction Company, in the amount of $42.900.00. as low, with an addition of $4,580.00 for substituting heat pumps which will provide heat and air- conditioning in lieu of standard heating equipment specified in the specifications, the Acting city Reneger recommending acceptance of the lom bid totaling $47,480.00, Mr. ~ebber moved to concur in the recommendation of the Acting City. Manager and offeredthe following Resolution: (xI379T) A RESOLUTION accepting the proposal of J. M. Underwood Con- struction Company for the construction of the Preston Park Community Center; 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 302.) Mr. Nebber 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, ~ebber. Young. and the President, Mr. Mheeler ................ NAYS: None ...........................O. Upon bein9 advised that there will be a slight overrun in the appropriation because of the bid price and the Architect*s fees, Mr. Dillard offered the following emergency Ordinance appropriating*$100.O0 to cover such overrun: (=13790) AN ORDINANCE to amend and reordaln Section x144,.'Departmental Equipment and Improvements,# of the 195g Appropriation Ordinance, and providing for an emergency. · or full text of Ordinance, see Ordinance Book No. 23. Page 383.) 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, Corn. Il, Dillard, Pickett. Nebber, Young, and the President. Mr. Nheeler ............... ?. NAYS: None ..........................O. PURCHASE OF PROPEETY-~ARKS AN~ pLAyGROUNDS: The Acting City Manager reported that pursuant to a directive of Council at its meeting of July 27, and subsequent negotiations. Hr. E. Jackson Thomas has offered to convey to the City or Roanoke a 3.121-acre tract of land ouned by him lying adjacent to the Villa Heights Community Center at a price of $12,500.00. Mrs, Pickett moved to table the matter for consideration along with the 1960 budget, The motion mas seconded by Mr, Young nnd adopted, STREET LIGHTS: The Acting City Manager submitted u report, recommending the installation of eighteen 10000 lumen and one 6000 lumen street lights u~d the removal of five 6000 lumen units on Hrnndon Avenue, S. W.; the installation of three 10000 lumen and one 6000 lumen street lights and the removal of one 2500 lumen unit on Main Street. S. M.; and the installation of four 10000 lumen and one 6000 lumen street lights on Sherwood Avenue. S. W.. in connection with Improvements at this intersection. Mr. Webber moved to refer the request back to the City Manager mith instruc- tions to include therein the exact location of each of the lights in question. The motion was seconded by Mr. Dillard and adopted. BUDGET-HEALTH DEPARTMENT: The Acting City Manager reported that there are insufficient funds in the appropriation for Supplies in the Fly, Mosquito and Rodent Control account for the remainder of the year, and recommended an appropriation of $1.500.00 for this purpose. Mr. Young moved to concur in the recommendation Of the Acting City Manager and offered the following emergency Ordinance: (Zl3?gq) AN ORDINANCE to amend and reordain Section n98, "Fly, Mosquito and Rodent Control." of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance,. see Ordinance Hook No. 23, Page 304.) Mr. Young moved the adoption Of the Ordinance. The motion was seconded by Hr. 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. BUDGET-DEPARTMENT OF PUBLIC WORKS: The Acting City Manager reported that there are insufficient funds in the Supplies appropriation in the Engineering Services account and requested an appropriation of $1,000.00 for this account. Mrs. Pickett moved to concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: (#13900) AN ORDINASCE to amend and reordain Section :O0, "Engineering Services," of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 23, Page 304.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the folloming fate: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President. Mr. Wheeler .................. ?.' NAYS: None .............................O. -'58 DtIOGET-ANNEXATION: The Acting City Manager submitted bills ia the amounts of $450.00, for Moodrum and Gregory, Attorneys, and $5,834.30, for Miley and Mllson, Consulting Engineers, in connection with the annexation study, covering their services for the month of July. 1959, and requested appropriation of funds to *rovide for payment thereof. Mr. Young moved to concur in the recommendation of the;Acting City Manager and offered the follomiog emergency Ordinance: (13901) AN ORDINANCE to amend and veordain Section n155, *Annexation.# of the 1q59 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23. Page 395.) Mr. Young moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett. Webber, Young, and the President, Mr. Mheeler ................ ?. NAYS: None ..................~ ........ O. STORM DRAINS~ The Acting City Manager reported that pursuant to a directive of Council at its meeting of July 2?, 195g. a study has been made of the action necessary to relieve the storm water problem causing damage to residences in the 2900 block of Rosalind Avenue. S. M.. and submitted a.repovt of the Director of Public Marks. advising that the minimum amount of work necessary to be accomplished to give immediate relief would be the extension of the 24-inch storm drain on Rosalind Avenue, S. W., from its present end just north of 2954 Rosalind Avenue, S. N., to the southern edge of the property of S. Mllson Blain at 3010 Rosalind Avenue. S. W.. and thence eastward through his property to be connected to an existing 24-inch drain in the rear portion of the said property, the Director of Public Works advising that this work is estimated to cost $8,421.60, and that to provide for a permanent solution to. the problem it will be necessary to con- struct an additional extension of the drain south on Rosalind Avenue to:Cassell Lane, 5. W** at an estimated cost of $10.219.00. making a total cost of Mr. Dillard moved to direct the City Manager to advertise for bids for con- struction of the first section of the drain as recommended by the Director of Public Norks and estimated to cost $8.421.60. with an alternate bid for construction of the entire project estimated to cost $10,640.60, sud~h~s when received to be submitted Council for its consideration. The motion was seconded by Dr. Cornell and adopted. APPOINTMENTS-FIRE DEPARTMENT: The Acting City Manager reported the employ- ment Of Mr. Gilbert A. Wright as a member of the Fire Department, effective August 1, 1959. The report was ordered filed. REPORTS: The Acting. City Manager submitted a report of the Department of Public Nelfare for the month of June, 1959, and reported other departmental reports on file in bis office. The report was ordered filed. offered the following Resolution: (Zl3fl02) A RESOLUTION directing a rental refund to Charles L. Price, · or full text of Resolution, see Resolution Book No. 23, Page 3~5.) 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, Pickett, Webber, Young. and the President. Mr. Wheeler ................. T. NAYS: None ............................ O. REPORTS OF COMMIYYEES: NONE. UNFINISHED BUSINESS: STREETS A~I) ALLEYS: Council at its meeting of July 27, 1959, havin9 referred to the City Planning Commission for study and recommendation a request of Rr. N. Clayton Lemon that Larchwood Street. N. E., lying between Block 3 and Block 4, Union Stock Yard, be vacated, discontinued and closed, the City Planning Commission submitted its report, advising that in its opinion the closing of this portion of the said street will permit the more advantageous use of the area for expansion Of an existing industrial use and that in view of the topography of the land and the general character Of the neighborhood the Commission believes that said portion of the street is not necessary to serve nearby residential areas. and that no property owners will be adversely affected by vacating said street. the Commission, consequently, recommending granting of the request. Mr. Webber moved to set a public hearing in the matter for 2:00 p. m., September 9, lgSg. in the Council Chamber, and to direct the Attorney for the petitioner to prepare the proper notice thereof, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Anderson and adopted. BUDCET-DEPARTMENT OF PUBLIC WELFARE: Council at its meeting of July 27, 1959. having tabled until its next regular meeting the request Of the Department of Public Welfare for approval of its budget for the fiscal year beginning July 1. 1959. and ending June 30, 1960, as approved by the State Department of Public Welfare, the matter was again before the body. The Director Of Public ~elfare appeared before Council and stated that the reason for the increase in the budget as approved by the state is due to the raising of the limits for inclusion in the welfare program by federal regulations, thus increasing the number of welfare clients, as well as the individual grants, that the budget presented, which will require additional funds in the amount of $220,532.09 for categorical relief during the remaining six months of the year, actually represents a cost to the City of Roanoke of approximately ten per cent of that amount, since the remainder mill be refunded to the city from federal and Dr. Cornell moved to approve the budget as submitted and offered the follow- (s13803) AN ORDINANCE to amend and reordaln Section m52, *Public Ass~stanc~ of the 1959 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 23, Page 38§.) AYES: Council members Anderson, Corflell. Dillard, Pickett, Webber, Young, NAYS: None ............................ CONSIDERATION OF CLAIMS: NONE. NAYS: None ............................O. PENSIONS: The City Clerk reported thequalification of Mr. Luther C. Kingery as a member of the Police and Fire Pension Board, effective July 16, 1959, There being no further business, Council adjourned. APPROVED Clerk COUNCIL, REGULAR MEETINO, Monday, Amgnst 24, 1959. The Council or the City of Roanoke wet in regular meeting in the Council Chamber in the Municipal Building, Monday, August 24, 1959, at 2:00 o'cinch, p. m** the regular meeting hour, with the President, Rr. Jheel~r, presiding. PRESENT: Council members Anderson, Ccrnell, Dillard, Pickett, and the President, Mr. Rheeler ........................... ~ .......... ABSENT: Council members Webber and Young ..........2. OFFICERS PRESENT: Rr. Arthur $. Owens. City Manager, Mr. Barry R. Yates, City Auditor, Mr. James N. Rlncanon, Assistant City Attorney, and Mr. Jo Robert Thomas, City Clerk. INVOCATION: The meeting was opened with · prayer by the Reverend Frederick E. Taylor, Assistant Pastor, St. John"s Episcopal Church. RINUTES: Copy of the minutes of the regular meeting held on Monday, August 10, 1959. having been furnished each member of Council, upon notion of RF. Anderson, seconded by Dr. Cornell and adopted, the reading mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: NO~. PETITIONS A~D COMMUNICATIONS: BENERS: The City Clerk presented a petition signed by nine re sidents of the Jackson Park Section in northeast Roanoke. requesting that the city construct sewers to serve their properties on Purcell Avenue and Mailmen Avenae, Dr. Cornell moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Anderson and adopted. STREETS AND ALLEYS: The City Clerk presented a petition of Nilmont Realty Corporation, et al** requesting that Alva Avenue, ~o M.. extending west- ward from Yhirty-sixth Street to Stevens Road, and Stevens Road, extending northward from Shenandoah Avenue to an old farm road, along with said farm road extending east and west at the northern end of Stevens Road, be vacated, dis- continned and closed. 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. SCHOOLS: The City Clerk presented a Resolution of the Roanoke City School Board, requesting that Council adopt an Ordinance to provide that Chapter 72, Acts of the General Assembly of Virginia. Extra Session of 195g, providing for compulsory attendance of children between the ages of seven and sixteen in the schools specified therein, shall be in effect and ia force within the City of Roanoke. Mr. J. P. Cruickshank, Chairman of the Roanoke City School Board. and Dr. E. W. Rushton, Superintendent of Schools, appeared before Council in support of the request. Messrs. Mebber and Young being absent. Rt. Dillard moved to table the matter until the next regular meeting of Council. The motion was seconded by Mrs. Pickett and adopted. SCHOOLS-PARKS AND PLAYGBODRDS: The City Clerk preseoted a communication from the Roanoke City'School Board, transmitting a plot pins of Shrine Bill gu mhleh is indicated the streets recommended roe development lu connection with the construction of schools in Shrine Bill Park, mhick plot the School Board advised has been approved by the city*s Engineering Department and the City Plounlng Commission, the Board'requeatiug that Council include in the 1960 budget or the eltyappropriatious froB the General Fund to provide for grading, paving, curb and gutter, sidemalks, mater, semage nad snarl drain facilities in coeoectJon theremith, and in addttion, requesting that the body take necessary steps to acquire property on Lofton Road through which the street will be extended as shomn on the plot plan. Hr. Dillard moved to refer the matter to the City Banuger for study and recommendation, his report to include an estimate of the costs and his recom- meudatlan on whether the costs should be charged to School Bond or General Fund. The motion was seconded by Hrs. Pickett and adopted. PENSIONS: The City Clerk presented a communication from the Board of Trustees of the Employees* Retirement System, advising that the Actuarial Report of Mr. George D. Buck, Consulting Actuary forthe Board, covering the year 1950, is on file with its Secretary and available to members of Council. BF. Dillard moved to file the communication. The notion was seconded by Dr. Cornell and adopted. STORB DRAINS: The City Clerk presented a petition bearing the signatures of*fifty-eight citi2ens of the area lying northwest of the intersection of Florist Road and Bershberger Road, N. B** requestiog that a storm drain be constructed to carry off the storm waters in that area and eliminate a seepage area set up under the Subdivision Ordinance, which they advised is generally full of stagnant water and has steep, slippery sides that are a danger to children in the area, and in addition, is a breeding 9rouRd for mosquitoes and generally an unhealthy situation, Upon question, the City Manager advised that in his opinion this is one of the most potentially dangerous drainage conditions in the city. Dr. Cornell moved to direct the City Manager to advertise for bids for construction of the storm drain requested and report thereon to Council. The motion was seconded by Me. Dillard and adopted. STATE CORPORATION COMMISSION: The City Clerk presented a tabulation of Public Service Corporation valuations and levies for the year 1959, as prepared by the City Auditor, based upon valuations by the State Corporation Commission. Mr. Dillard moved to file the report.' The notion was seconded by Or. Cornell and adopted. SOUTHEAST CIVIC LEAGUE-SEWAGE DISPOSAL: The City Clerk 'presented a communication from the Southeast Civic League, suggesting that Council prohibit the use of sludge from the Semage Treatment Plant during the hot'weather months extending from April to September of each year, because of the odor emanating therefrom. Mr. Anderson moved to refer the matter to the City Manager for study and recommendation, the study to include the question of the possibility of treating the sludge to eliminate the odor. The motion was seconded by Coruell and adopted. REPORTS OF OFFICERS: PURCHASE OF PROPERTY-PAR£S ANB PLAYGROUNDS°SCHOOLS: Council at its meeting of July 27. 195q. having directed the City Hanager to negotiate with Hr. G. D. Cyphers with a view of purchasing his property in Garden City now under lease to the City of Roanoke, and to consult with the Roanoke City School Board to determine why play areas on the school property in Garden City are not being used in accordance with the Joint agreement betmeen the city and the School Hoard covering use of school properties for recreation purposes, etc.. the City Manager reported that Mr. Cyphers has requested that the city make an offer for his property and that in order to make'un intelligent offer, it will be necessary to have the property appraised, the City Manager therefore requesting authority of Council to do so. as a basis for such offer; also, he submitted a communication from the office of the Superintendent of Schools, advising that it is surprised that citizens have complained to Council concerning the use of Garden City School property, and that insofar as school officials know, children in the area usethe Garden City School play area before and after school and all during the summer months in accordance with the agreement between the School Hoard and Council& Mrs. Pickett moved to file the report, The motion was seconded by Mr. Dillard and adopted. Mr. Anderson then moved to direct the City Manager to cause an appraisal to be made of the Cyphers property and submit his report thereon. The motion mas seconded by Dr. Cornell and adopted. DONATIONS-STREETS AND ALLEYS: The City Manager presented a communication from Mr. W. Clayton Lemon, offering to convey to the City of Roanoke, without cost, twenty feet on the front of Lots 15-20, inclusive. Block 7, and Lots 24-37, inclusive. Block 9, Laurel Terrace Map, located on Patrick Henry Avenue, N. E., for street widening purposes, and also a communication from Mr. L. Weaver offering to convey to the city twenty feet off Of the front of his properties, being Lots 1-0, inclusive, Block H; Lots 27-32; inclusive; Lots 41-43, inclusive; and Lots 45 and 46, Block 10, Laurel Terrace Hop, located on Patrick Henry Avenue. H. E., for street widening purposes, without cost to the city, along with u letter of the City Planning Commission, recommending acceptance of the offer, the City Manager advising that this is in line with the plan to provide aa BO-fGot boulevard from U, S. Route 460 to the city limits on the north and recommending that Council accept the offers of donation. Mr~ Dillard moved to direct the City Attorney to prepare Ordinances and allied papers providing for acceptance of the offers of Messrs. Lemon and Weaver. The motion was seconded by Mr. Anderson and adopted. :64 PURCHASE OF PROPEHT¥-$TREEIS A~D ALLEVS: The City flnnoger presented n cowuunication frow the City Planning Coawission, recowuendiug that Council te~e steps to acquire parcels of lend on the rear of Lot 16, owned bT Sherwnu Poff~ Lots 17, lB and 20, owned bT E, B, Bootk; Lots 21, 22 end 23, owned bT Victor Eo Swith~ and Lot 24, owned bT 3, Bo Ckriswnu, all ia Block B, Huntington Court flap, lying on tko south side of Huntington Bouleruvd, No Eo, east and west of Mhlteside Street~ parcels of land frow the southern end of the properties of Okay C, lddings and the Appalachian Power Company ia Block 9, Iluntlngton Court flap, designated ns Official Tax Nos, 3201002. nad 32D0103, respectively~ and parcel of laud owned by B, Mo Mebb, being Official Tax Ho° 3150104, located at the intersection of old Mbiteslde Street ned Bollins Road, N° E,, for the purpose of providing a 60-foot street right of way from the Hollies Road Bridge over the Norfolk end flestern Railway Company tracks to approximately 225 feet west of new Rbiteside Street, N. E., the City Manager concurring in the recom- mendution of the City Planning Commission. Mr. Anderson moved to direct the City flanoger to negotiate with the property owners concerned with a view of acquiring the land needed and to submit bis report thereon to Council. The motion was seconded by Dr. Cornell and adopted~ PURCHASE OF PROPERTY-STREET5 AND ALLEYS: The City Manager submitted a communication fram the City Planning Commission, recommending that Council take action to acquire necessary land on both sides of Seventh Street, N, E,, between Louisiana Avenue and Indiana Avenue, to provide for an BO-foot roadway, and one lot on the southeast corner of Pocahontas Avenue and Sixth Street, N, in connection with the proposed DO-foot roadway from U, S, Route 460 to the city limits line, the City Manager concurring in the recommendation of the City Plaonlng Commission. Mr. Dillard moved to direct the City Manager to negotiate with the property owners for purchase of the land required and submit his report thereon to Council, The motion was seconded by Mr, Anderson and adopted, WATER DEPARTMENT: The Cit~ Manager reported that the Rater Department has received a bid of Virginia Scrap Iron and fletal Company, in the amount of $1,311~13, for purchase of surplus equipment at the old Cry stal Spring Pumping Station, and a bid of Bob Overstreet, Contractor, to demolish the Holly Pump room, the boiler room and the old coal bin at the old Crystal Spring Pumpung Station at a cost of $705°00, the.City Manager recommending that Council authoriz~ demolition of the structures concerned, Mr° Dillard moved to concur in the recommendation of tho City Manager and offered the following Resolution: (~13B05) A RESOLUTION authorizing the demolition of certain structures at Crystal Springs. (For full text of Resolution, see Resolution Book No, 23, Page 390.) 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, and the President, Mr, Mheeler .......................... MAYS: Mone-~ ........~ ........ ~ ........ O, (Council members Mebber and Young absent) AIRPORT: The City Manager presented a communication from Mr, Eugene B. Bass, lessor or a portion of the Roanoke Municipal Airport property located on Virginia State Bighway No, 117, advising that the Virginia Department of Blghuays. will take a portion of the land included in his lease for widening of the said highway, and requesting that Council amend his lease by adding thereto an acre tract of airport laud contiguous to the property he presently leases, the City Manager recommending that Council authorize extension of the lease as requested at the Fate of $$00.00 per annum. Mrs. Pickett moved to direct the City Attorney to prepare an Ordinance providing for extension of the lease as recommended by the City ganager. The motion was seconded by Mr, Anderson and adopted, STREET LIGHTS: The City Manager submitted a report, recommending improve. mentsto the street lighting system on South Jefferson Street from Mountain Avenue to Malnut Avenue. Dr, Cornell moved to concur in the recommendation of the City Manager and offered the following Resolution: (~13806) A RESOLUTIOM authorizing the installation of additional street lights and the replacement of certain existing street lights on South Jefferson Street from Mountain Avenue through the five-point intersection at Ralnnt Avenue, and on various approaches to Jefferson Street. (For full text of ~esolution, see Resolution Book No, 23, Page 391.) DF. 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, and the President, Mr. Wheeler .......................... 5. NAYS: None ............................ O, (Council members Mebber and Young absent) STREET LIGHY$: In compliance with a directive of Council at its meeting of August 10, 1959, the City Manager submitted a map showing the location of the lights he has recommended be installed in connection with improvements ~t Brandon Avenue, Main Street and Sherwood Avenue, $, W,, and renewed his recom- mendation that Council authorize the improvements contemplated. Mr, Anderson moved to concur in the recommendation of the City Manager and offered the following Resolution: (~13807) A RESOLBYIOM authorizing the installation of additional street lights and the removal of certain existing street lights in the vlcinity of the intersection Of Brandon Avenue, Main Street and Sherwood Avenue, S, (For full text of Resolution, see Resolution Book Mo, 23, Page 392.) Hr, Anderson moved the adoption of the Resolution. 'The motion was seconded by Dr, Cornell and adopted by the follomlng vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. and the President, Hr. Nheeler NAYS: None ...................O, (Council members Rebber and Young absent) BUDGET=JUVENILE AND DOMESTIC RELATIONS COURT: The City Ranager submitted a report of the Judge of the Juvenile and Domestic Relations Court. advising that dne to the increased activities on the part of the probation officers and other personnel of that court because of a 9rearer case load, the appropriation for Automobile Allowance in the amount of $2,500.00, as contained in the 19§9 budget, is insufficient, and requesting an additional appropriation of $1.$00.00, in which request the City Manager concurs. Mrs. pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15808) AN ORDINANCE to amend and reordain Section u23, ~urenile and Domestic Relations Courtm, of the 1959 Appropriation Ordinance. and providing for aa emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 394.) 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, and the President, Mr. Nheeler ................. NAYS: None ...................O. (Council members Webber and Young absent) BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted an estimate of the requirements of the Department of Public Welfare for the two fiscal years ending June 30. 1961, and June 30, 1962. which he advised is necessary to be submitted to the State Department of Welfare and Institutions after a review by Council under the provisions of the Code of Virginia, and recommended that the body adopt a Resolution approving the tentative proposed budget and authorizin9 its transmission to the State. Mr. Dillard moved to concur in the recommendation of the City Manager and offered the following Resolution: (~1380g) A RESOLUTION tentatively approving the biennial estimates of anticipated welfare needs of the City of Roanoke and the anticipated financial requirements to cover the cost thereof for the fiscal years ending June 30, 1961, and June 30, lg62, as prepared by the local Director of Public ~elfare; expressing this Council's present purpose regarding the making of future welfare appropriations; authorizing the City Manager and the City Clerk to sign an attested copy of the aforesaid biennial budget estimate; and directing the City Clerk to mail the same, together with an attested copy of the Resolution, to the Director of the Department of Public Welfare and Institutions for the Commonwealth of Virginia. (For full text of Resolution, see Resolution Book No. 23. Page 394,) Mr. Dillard moved the adoption of the Resolution, The motion mas seconded by Hr, Anderson end adopted by the following vote: AYES: Council members Anderson. Corsell, Dillard, Pickett. and the President. Rro Rheeler ................. 5, NAYS: None ...................O, (Council members ~ebber and Young absent) AIRPORT: The City Manager submitted a plan for Project No, 9-44-012-10. for completion of the extension of Runway S-23 at the Roanoke Runicipal Airport which he estimates will cost $350,000.00, of which cost the city will pay one- half and the federal government, one-half, if the project is approved by the Federal Aviation Agency. the City Manager advising that included in the project, but not in the estimated cost, is a high intensity lighting system for the runway on additional cost Of $40.000.00 for which plans are now being prepared, and stated that this is the next logical step in improvements at the Runicipal Airport in accordance with the long-range plan of the city heretofore adopted, and that the deadline for submission of a request for aid has been extended by the Federal Aviation Agency from September 1, 1959, to November 30, 1959. Dr, Cornell moved to refer the plans to a committee composed of Messrs. Roy L. Mebber, Chairman, Ilarry R. Yates. and Arthur S. Owens for study and recommendation. The motion was seconded by Mrs. Pickett and adopted. MUNICIPAL BUILDING: The City Manager reported that the electrical system in the Municipal Building and the 600 ampere service from the Appalachian Power Company lines is completely overloaded and that it will be necessary to install a new 1200 ampere electric service line and effect repairs to the internal wiring of the Municipal Building, estimated to cost $8,275.00 and $6,085.00. respectively, the City Manager recommending that Council authorize him to secure bids for installation of the 1200 ampere service immediately and consider improvements to the internal wiring system in the 1960 budget, Mr. Anderson moved to concur in the recommendation of the City Manager and to authorize advertisement for bids for the 1200 ampere service, such bids to be submitted to Council for its consideration. The motion mas seconded by Mrs. Pickett and adopted. PSLICE DEPARTMENT: The City Manager reported that Police Officer Robert L. Nillis, who was injured in line of duty on May 9, 1959, is still unable to return to duty. his physician having advised that he will bl incapacitated for another four to eight weeks, the City Manager recommefldin9 that Council authorize extension of the time during which Officer Millis will receive his full salary by an additional sixty days, Dr. Cornell moved to concur in the recommendation of the City Manager and offered the following Resolution: (n13810) A RESOLDTION directing that Robert L. Nillis, a member of the Police Department, be paid his regular salary for a period of sixty days beginning September 7, 1959, (For full text of Resolution, see Resolution Book No, 23, Page 396.) Dr, Cornell moved the adoption of the Resolution, The motion mas seconded by Mr, Anderson and adopted by the folloming rote: AYES: Council members Anderson. Cornell, Dillard, Pickett, and the President, Rr. Wheeler ................. 5. NAYS: None ................... Oo absent) (Council members Webber and Young REPORTS OF COMMITTEES: NOh~. DhFINISIIED BUSINESS: ~ONE. CONSIDERATION OF CLAIMS: ~ONE. INTRODCCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No, 13794, rezoning that front, or southerly, portion of a 3.71 acre tract of land located on the north side of Relrose Avenue, N. fronting approximately 231.0 feet thereon and extending northerly therefrom 400 feet in depth, designated as Official Tax No. 2660106t from General Residence District and special Residence District to Business District, having previously been before Council for its first reading, read and laid over, was again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (313794) 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 367.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AVES: Council members Anderson. Cornell, Dillard, Pickett, and the President, Mr. Rheeler ................. 5. NAYS: None ................... O. (Council members ~ebber and Young absent) STREETS AND ALLEYS: Ordinance No. 13795, vacating, discontinuing and closing a certain twelve foot alley in the southwest section Of the City Of Roanoke lyin9 between the northern ends of Lots 1, 2, 3 and 4, and the southern ends of Lots 5 and 6, Block 54, according to the Map of the Crystal Spring Land Company. said alley running from Richelieu Avenue to Virginia Avenu~ now Crystal Spring Avenue, the southerly line thereof on Richelieu Avenue being 108.57 feet northerly from 4th Street. now 25th Street, and on Crystal Spring Avenue being 207,56 feet northerly from the said 25th Street, 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: (~13795) AN ORDINANCE vacating, discontinuing and closing a certain twelve foot alley in the southwest section of the City of Roanoke lying between the northern ends of Lots I, 2, 3 and 4, and the southern ends of Lots 5 and 6, Block 54, according to the Map of the Crystal Spring Land Company. said alley running from Richelieu Avenue to Virginia Avenue, now Crystal Spring Avenue, the southerly line thereof on Richelieu Avenue being 198.57 feet northerly from 4th Street, nov 2Sth Street, and on Crystal Spring Avenue being 207.56 feet northerly r d ok g 88 ) h a n e ti seconded by Dr. Cornell and adopted by the follomiog vote: AYES: Coaa¢ll members Anderson, Coroell, Dillard, Pickett, and tko President. Nfo Nheeler ................. NAYS: None ...................Oo (Cooncil members Webber and Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: LIBRARY BOARD: The Ray~r called for nominations for a member of the Roanoke Public Library Board of Directors, for a term of tbroe years to expire June 30, 1962, Mr. Anderson placed in nomination the name of Hr. C, Francis Cooke. There being no further nominations, the Chair declared the nominations closed. Mr. C. Francis Cooke was elected a member of the Board of Directors of the Roanoke Public Library for a term of three years to expire June 30, by the following rote: AYES: Council members Anderson. Cornell, Dillard, Pickett, and the President, Mr, Wheeler--~ .............. 5. NAYS: None ...................O. (Council members Webber and Young HOUSING AUTHORITY: The Rayor stated that a vacancy exists on the City of Roanoke Redevelopment and Housing Authority Commission, Dr. Cornell moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Dillard and adopted. PENSIONS: The City Clerk reported that Mr. Milliam J. Bran$com has qualified as a member of the Advisory Committee on Investment of Funds to the Board of Trustees of the Employees' Retirement System. to fill the unexpired term of Mr. Robert H. Daniel, resigned, which term sill expire December 31, 1959. The report was ordered filed. INDUSTRIES: Hr. Anderson stated that a letter from Mr. Louis S. Waldrop. 218 Elm Avenue. S. W°, appeared in the *Letters to the Editor~ column of The Roanoke World-News, in the August Oth edition, indicating that the decision of the Union Carbide Corporation not to locate a plant in the City of Roanoke was connected with certain failures on the part of the city government, and presented the folloxlng letter which has been prepared by him and Rr. Webber: 'August 14, 1959. Mr. M. Carl Andrews, Editor, The Roanoke-World News, 201 Campbell Avenne, S. Roanoke, Virginia. Dear Slr~ In your August Otb edition, you invite some member of the Council to answer four questions asked by #Fo Louis So Waldrop, lua letter.printed in that issue under 'Letters to the Editor°, Mr, Waldrop's disappointment, fully shared by this Council, in the decision of UnJoe Carbide Corporation to forego acquisition of the local plant of the American Viscose Corporation end establish a division in the City caused him to write the letter, Be feels that the people of this community are interne*ed in having his four questions answered. Each question is stated and answered hal*m: I, He desires full information regarding Roanoke's manufacturing tau and how it would affect a business such as Union Carbide Corporation, Answer: Council repealed the City's manufacturing license tax effective January 1, 1959; hence, Union Carbide Corporation would have paid no license tax whatsoever for the priviledge of con- ducting a manufacturing business in the City, Is it true that Union Carbide attempted to have the property reassessed and that the City would not agree to basing the assessment on the purchase price? Answer: That is not true, The Council of the City of Roanoke has no control over the assessment of real estate, The General Assembly of Virginia has pro- vided, by statute, the manner in which real estate is assessed in Virginia, A general reassessment is required to be nude every fourth year by freeholders and citizens of the City appointed, for that purpose. by the Judge of the Court of Law and Chancery. To assure that all real estate is assessed fairly and in equal proportion to its value, the Judge of tho same court also appoints a Board of Equalization composed of not less than three nor more than five members who must likewise be both freeholders and citizens of the City. Any freeholder, feeling himself aggrieved by the assessment made of his property by the assessors, may appear before the Hoard of Equalization which has full authority to correct inequities. If such freeholder is not satisfied with the decision of the Hoard of Equalization, he has recourse to the courts. Is it true that the airport condition has a definite deterring effect on bringing any large industry to our area? Answer: Not to our knowledge. On the contrary, industrialists, with whom we have talked, indicate that they regard ~oodrum Airport as one of the the airport is not fully developed. Because of constant improvements and betterments in the field of aeronautics, it is doubtful if it ever will be entirely finished. The important thing, it seems to ua, is that the City has been able to make large and costly improvements annually on a pay aa yon go basis. Electronic marker devices have recently been installed that automatically lowered the minimum c~tng and visibility requirements for landing of aircraft to such a degree that the airport is now operating in approximately the 98 per cent bracket, Three commercial airlines presently serve Roanoke with 46 schedules daily providing connections to all parts of the world. And, with the completion of the runway extension project next year, followed by further improvements to the new marker system, the airport will be able to accommodate larger and faster planes operating on an almost unbroken frequency of service available to all users, including public carrier, corporation, military and private aircraft. This Council believes that our airport is being im- proved substantially in accordance with demands and that future expansion has been planned to adequately serve all reasonable requirements, including those of industrialists, without undue burden upon the tax- payers of the City. 4, Is it true that the City fathers, many years back,- told the Viscose that they mould not Incorporate the plant and, also, that they mould not tax then? Answer: No Council could have lawfully bound the City in such manner, And, co far us Js kOOmo no such unauthorized promise nas ever made. Wa record has ever been found in the City Clerk*s Office, or else- where, from mhich it might even be inferred that either such promise.nas ever mode and the American Viscose Company made no such contention Jn the 194fl suit that resulted in twelve square miles, including its plant site, being annexed to the City. It nay be of passing inter~st to you to knom that Mr.'W, P, Hozle~ nye, a local attorney representing Union Carbide Corporation, personally appeared before Council at its last regular meeting for the purpose of expressing ki~ client*s appreciation for the courtesies, co=operation and services extended it by City Council and City Officials during the period it mas making its survey to deternine the.advisability of taking up its option to purchase the Viscose property. Very truly yours, The Council of the City of Roanoke. by: Vincent $. I~heeler, Mayo£.* Mr. Anderson moved that the Mayor be directed to sign the letter for Council and transmit it to the Editor of The Roanoke World-Nems, The motion was seconded by Dr. Cumuli and adopted. A P P. R OV E D ?l COUNCIL. REGULAR MEETING. Tuesday, Sept,char O. 19S9. The Couucii or the City or Bonn,k, mot.in regnlor au,ting lu the Council ChaMber in the Municipal Building. Toesdsy. September 8. 1959. ut the regulor meeting b,ur. with the Fresideot. Mr. Mbeeler. presiding. PRESENTs Couocllmemberc Aodersou. Coroell. Olllsrd. Pickett. Mebber. Youog. old the President. Mr. Mheeler ................. ?. ARSEtCr: S one .............................. O. OFFICERS PRLSENT: Mr. Arthur S. Omeos. City Monomer. Mr. Esndolpb G. Mhlttle. City Attorney. Mr. Harry R. Yarns. City Auditor. and Hr. J. Robert Thomas. City Clerk. INVOCATION: The meeting uss opened with a prayer by the Reverend Charles C. Thayer. Jr.. Minister of Education. St. John*s Episcopal Church. MINUTES: Copy of the minutes of the regular meeting held on Honday. August 24. 1959. havi'n~ been furnished each member of Council. upon motion of Mrs. Pickett seconded by Mr. Anderson and adopted, the reading mas dispensed with and the minute approved os recorded. HEARIN0 OF CITIZR~S UPON PURLIC STREETS AND ALLEYS: A public hearing having been set for 2:00 ,icl,ch. p. m.. September 8. 1959. on the request of Mr. J. Clayton Lemou that Larchwood Street. S. E.. lying betueen BI,cbs 3 and 4. Onion Stock Yard Map. be vacated, discontinued and closed, and notice or.the bearing having been published in The Roanoke #,rid- News on August 21. 1959. amd the City Planning Commission having previously recommended that the request be granted, the hearing was held at which no one appeared in opposition. Mr. Sidney F. Parbnm. Jr.. Attorney for the petitioner, appeared before Council and stated that the purpose for which his client v,quests closing of the street is to make available a large tract of land for erection of a modern terminal for Mundy Motor Lines. and since the City Planning Commission has advised that the street Is not necessary in that industrial area. he requests that the body grant the petition of bis cia,ut. 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: (mI3RII) AN ORDINANCE approving and consenting to the permanent vacating. discontinuing and closing of a portion of Larchwood Street. N. E** in the City of Roanoke. Virginia. as shown on the Map of Union Stock Yard Corporation dated April 11. 1930. recorded in the Clerh*s Office Of the Circuit Court of Roanoke County. Virginia. in Deed Book 195. page 402. and on the revised map of Union Stock Yard Corporation dated April 14. 1956..and recorded in Hap Rook 1. page 05. in the Clerk" Office of the Hustings Court for the City of Roanoke. Virginia. MBEREAS M. Clayton Lemon. as sole abutting landowner, has requested Council to permanently vacate, discontinue and close the hereinafter described portion of Lsrchwood Street, H, E.o. nn~ has presented to Council n written instrument dsted the 21st day of Jnly, 1959, vncnting that portion or the said street as is hereinafter described, mkich instrument is sigsbd ~nd acknowledged by the snid ¥, Clnyton Lemon end Ruth R. Lemon, him wife, in nccordsnce with the provisions or section 15o766.1 of the Code or Vlrginin, 1950, ns emended, and which recites that the said M. Clayton Lemon and wife are the sole property *users shutting ~n ~he portion of the street to be vscnted; and WRRREAS the portion of the street sought to be vocnted is no longer necessary or useful for street purposes ned is not necessary for the ingress and egress to the property or any other persons nnd the vacation, discontinuance and closing of the same will not abridge nor destroy the rights or privileges of other property owners mithln the bounds of the ares of land shown on the aforesaid map of Union Stock Yard Corporation and the aforesaid revised map of Union Stock Yard Corporation; and RREREAS the City Planning Commission, to mhom the proposal has heretofore been presented, bas recommended to the Council that consent should be given to the vacation, discontinuance and closing of the portion of the said street es is here- learner described, in accordance with the request of the aforesaid land*users; end WREREAS there are presently no public water lines, sewer lines or other public iuprovements located on that portion of the street to be vacated; and WHEREAS a public bearing of the aforesaid request of W. Clayton Lemon and mlfe mas ~ed by Council in the Council Chamber of the Wunlcipal Duilding on September D, 19Sg, at 2~O0 p. m. after notice was duly published in the Roanoke World*News, a newspaper published in the city of Roanoke, Virginia, at which hearing all interested parties were given an opportunity to be heard for or against the proposed vacation of the hereinafter described portion of the said Larchmood Street, N. E** in the City of Roanoke. Virginia; and WHEREAS the aforesaid revised map of Union Stock Yard Corporation contains the following language~ ~Said *users certify that they hereby dedicate and convey in fee simple to the City of Roanoke, Virginia, for street purposes and areas shown as street, avenue, road or boulevard on said revised map of Union St*ch Yard Corporation#; and WHEREAS neither tbs City of Roanoke nor Roanoke County has ever taken possession of the hereinafter described portion of Lerchwood Street, S. E.. and spun the vacation of the same it will be no longer used for street purposes and ell of th peblic*s right, title and interest in and to the land embraced within said portion of Larchmood Street, N. E., will be released; THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that said Council hereby approves the instrument of July 21, 1959, executed by W. ~layton Lemon and Ruth B. Lemon, his wife, and consents to the permanent vacating, dis- continuing and si*sing of that portion of Larchwood Street, N. E., in said City, as shown on the aforesaid map of Union Stock Yard Corporation bounded nnd des.triCed as follows~ ¸73 BEIHG all thRt portion or Larcheocd street, N. E.,'ITIog boleeeR Black 3 and Dlock 4, Union Stock Tard Ccrporahiot Hap, and Blank 3 RRd Blank 4 accordicg to the revised Hap or Union Stock Tard Corporation, Red lying earth of the north lime or Thermion Avenue, H, K** Rod south or the south lire or the Laurel Terrace AdditlOel HE IT FURTHER ORDAINED that nil right, title Red interest or the CltF or Roanoke'and or the public Is hereby released lm and to the Rforesaid portion of Lorchmood Street, W. E** insofar ac the Council by lam is empomered so to do; HE IT FURTHER ORDAIHRD that the Clerk or this Council deliver to the Clerks of the Hustings Court for the City of Roanoke, Virginia, and of the Circuit Court or Roanoke County, Virginia, attested copies of this ordiusnsc,~ in order that Raid clerks may record the same contemporaneously with the recordation or the Rforesald instrument dated July 21, lqSq, and that the said clerks make proper notation on all maps and plats recorded in their offices upon uhich ia shame that portion of the aforesaid street herein permanently vacated, discontinued and closed; BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directed upon the recordation or the aforesaid instrument and this mrdihah~e~ in the ¢lerh's Office of the Hustings Court for the City of Roanoke. Virginia, to aarh "permanently vacated, discontinued and closed~ on the hereinabove described portion of said Larch.and Street, N. E** on all maps and plats on file in his office on mhich said street is shown, referring to the book and page of Resolutions of the Council of the City of Roanoke wherein this ordlnan~e~ shall be spread. The motion was seconded by Mr. Anderson and adopted by the follomJng vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Mebber, Young, and the President. Mr. ~heeler .............. 7. ~AY$: None ........................... O. PETITIONS AND CO~UNICATIOHS: SOUTIIEAST CIVIC LEAGUE-PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT: The City Clerk presented 3 petition from the Southeast Civic League. requesting that CouiciI provide funds in the lg60 budget for certain improvements to the Jackson Park and Fallon Park facilities In southeast Roanoke. Mr. Dillard moved to refer the request to the City Manager for stcdy and recommendation in connection with the 1960 budget estimates. The motion was seconded by Dr. Cornell and adopted. STORM DRAINS: The City Clerk presented u petition from residents of the 1600 block of Maiden Lane and Mestover Avenue, S. M., complaining of damage to their properties caused by storm water after heavy rains, acd requesting that a storm drain be constructed to relieve the situatioc. Mr. Anderson moved to refer the request to the City Manager for study and recommendation, his report thereon to include the cost of constructing the necessary storm drain. The motion mas seconded by Mr. Dillard and adopted. BONDS-SCHOOl. S: The City Clerk presented a communication from ~the Roanoke City {chool Hoard. advising that it has a balance of $1,612,867067 remaining from S2.~00. O00.O0 of bonds sold in August, lgSa, and projecting its needs for further sale of school construction bonds ms follows: July 1, lgSq. to June 50, lq&O, SLUM CLEARANCE: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority. advising that it held a meeting on August 27. 1959. mith residents of the Commonweulth ProJect area as requested by Council. and transmitted a statement made by the IIousing Authority at that meeting concerning the present status of the Authority*s ability to grant deeds rot certain properties in the ProJect. Ur. Young moved to f~le the communication. The motion was seconded by Mt. Rebber and adapted. SLUM CLEARANCE~ The City Clerk presented a communication from the City of Roanoke Redevelopment and tlousicg Authority, transmitting reports of surveys made by Jackson-Cross and Jack H. Rendree, of the effect on the Commonwealth Redevelopment proJect, as a result of the authorization for the Interstate Highway Spur to cross the ProJect area, the Autbority advising that after it has considered the'reports and other factors it will present its recommendations to Council in the near future Mr. Young moved to file the reports. The motion was seconded by Mr. Anderson and adopted. INSURANCE: The City Clerk presented a communication from the Nationwide Insurance Company, offering a proposal to furnish the insurance needs of the City of Roanoke in their entirety acd advising that because the company sell~ insurance direct, rather than through independent agents, it is not eligible under the city*s present policies to participate in the city*s insurance requirements. Mr. PaulS. Stamus appeared before Council and requested that the bodyconsider placing all the cltyts insurance requirements with his company and estimated that by doing so, the city could realize a total savings of approximately $3,800.00. Mr. Anderson moved to refer the'matter to the City Manager for study and recommendation, and to direct that a'representative of the city*s Insurance Advisory Committee be present at the time the City Hanager submits his report. Tbe motion was seconded by Or. Cornell and adopted. / REPORTS OF OFFICERS: PURCHASE OF PROPERTY-PARRS AND PLAYGROUNDS: In response to a directive of Council at itu meeting of August 24, 1959, the City Manager submitted au appraisal h had caused to be made of the property of Mr. G. H. Cyphers ia Garden City, showing the value of the three acres presently under lease to the city for recreational !purposes to be $800.00 per acre, the value of the remaining homeslte of 1.7 acre being $1,500.00 for land, and $3,000.00 for buildings, the City Manager advising thst Is his opinion ou~y the three cores preseotly under lease to the.cl~y o?uld. be properly used for recreotioosl purposes, sod suggesting that C,o,cai authorize aa offer of $000.00 per acre for these three acres tod subsequent p~rchose there,r. Mr. Dill*rd moved to direct the City Attorney to prepare aa 0rdlaoace ~rovfdln~ roy a bona fide offer to purchase the three acres or the Cyphers property presently lensed by the city. at $800.00 per acre. The.m,tiaa mss seconded by Hr. Anderson and adopted. BUDGET-HEALTH DEPAMT#ENTs The City Manager reported that due to Illnesses and accidents or personnel in the Health Department. the Extra Employees account of the 1959 budget is exhausted, and requested that aa additional $400.00 be appropriated roy the remainder of the year. Mr. Young moved that Council concur In the request of the City Manager and offered the f,Il,ming emergency Ordinance: (#13012) AN ORDINANCE to amend and reordain Section.m4,. *Health Department#. of the 1959 Appropriation 0rdinsnce..and providing for an emergency. (For full text of Ordinance. see Ordinance fl,ok No. 23. Page 59T.) Mr. Yonng moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES~ Council members Anderson. C,mall. Dillard. Pickett. Mebber. Young. and the President. Mr. ~heeler .................. NAYS: None ............................ O. BUDGET-CITY TREASURER: The City Manager reported that the present supply of cigarette tax stamps will be exhausted by fi,member 1. 1959. and requested an appropriation of $3,R00.00 for purchase of an additional supply. Mr. Dillard moved that Council concur in the request of the City Manager and offered the following emergency Ordinance: (S13513) AN ORDINANCE tO amend and reordaln Section ss. *Treasurer.* of the 1959 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23. Page 397.) Mr. Dillard moved the adoption or the Ordinance. The motion was seconded by Mr. Young and adopted by the following votes AYES: Council members Anderson. Cornell. Dillard. Pickett. Mebber. Young. and the President. Mr. #heeler ................... NAYSs None ............................. O. BUDGET-DEPARTMENT OF pUBLIC MELFARE: The City Manager reported that welfare payments have been recovered from certain prior.welfare clients, portions of which payments must be refunded to the Commonwealth of Virginia. and reqoested an appropriation of $2,000.00 for thatporpose. Mrs. Pickett moved that Council concur in the request of the City Manager and offered the following emergency Ordinance; (S13814) AN ORDINANCE tO amend and reordain Section miS4. *Refunds and Rebates or the 1959 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 23. Page 398.~ Mrs. Pickett moved the adoption of the Ordinance. The motion men seconded by Mr. Anderson end adopted by the foil,ming vote: AYES: Council members Anderson. Coraell. Dillard. Pickett. ~Webber. Young. and 77 the President, Nv. Ubeeler ............. ?.' NAYS: None .................... O. MATRR DRPABTHENT~ The City Manager submitted n report of the Manager of the Niter Department. advising that the Norfolk and Nestera Bnllvn7 Compnny, through its Chief Engineer, baa made available to the City or Ronnoke et approximately one-half the present cost a qnnntity or cast iron pipe end fittings, the Hater Department Manager presenting a list of such pl~ and fittings uhlch he recommended be purchase~ by the city for the Hater Deportment at a cost of $$0,105.53, the City Manager concurring la the recommendation of the Manager or the Hater Department. Mr. Hebber moved to direct the City Attorney to prepare a Resolution authorizing purchase or the pipe and fittings ns re:DEmanded, The motion was seconded by ar. Dillard and adopted, Hr. Young not voting. COAL DEALERS: The City Hannger submitted a tabulation of bids received by the Purchasing Agent rot supplying the cityes annual coal requirements, shoeing the bid of Sovereign Pocahontas Coapnny for Hashed Furnace,- coal, at a price of $6.50 per ton F. 0. D, Mines, and the bid of Old Dominion Coal Iron end Coke Corporation for Mashed nad Treated Stoker/coal. at a price of $6.50 per ton F. O. D. Hines. as lan, and recomsended that Council authorize acceptance of the lan bids. Hr. Dillard moved that Council concur in the recommendation of the City Manager and offered the follomlng Resolution covering Mashed Furnace coal: (e13815) A RESOLt~TION accepting the proposal of Sovereign Pocahontas Company for supplying the Cit~°s furnace coal requirements for the 1959-60 season. (For full text of Resolution, nee Resolution 8oak No. 23. Page 398.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Hr. Anderson and adopted by the follouing vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Hebber, Young, and the President. Hr. Hheeler ................. ?. NAYS: None ............................ o. Hr. Dillard then offered the folloming Resolution covering Hashed and Treated Stoker coal: (13816) A RESOLUTION accepting the proposal of Old Dominion Coal Iron and Coke Corporation for supplying the City*s stoker coal requirements for the 1q$9-60 lle ..... _ (For full text of Resolution, see Resolution Book No. 23, Page 399.) [ · p J n. The motion mas seconded ' Hr Dillard moved the ado t on of tke Resolut o Hr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Hebber. Young. nd the President. Hr. Wheeler ................. 7. NAYS: None ............................ O. EASR#EHTS-SRRERS AND STOIN DRAINS:. The Git7 #meager repo~ted that ia nnmurous Inatnncea citizens bnve offered t~ donate easements for public sewers sad storm drains, aid that uadar the present roles, each or these mutters have to be presented to Coetcil nad lo many Instances delaI coastractioe, the City Manager reqoesting that the body adopt au Ordinance whereby such d~nntions could be receive( administratively. Mr. Webber BaYed that Council concur iR the recomuendntion or the City Hanager and offered the fo~lowiug emergenny Ordlnnnce: (Zl3Sl?) A~ 0BDI~ANCE to amend Article I. Chapter ?. Title RVI! of The Code of the City or Roanoke. 19S&. relating to Public Sewers. by the addition ~r n new section, to be numbered Sec. 12-A. providing general authority rot the acquisition of certain perpetual easements for public ae~er limes nnd public storm drains; ccd providing for ac emergency. (For full text of Ordinance. see. Ordinance ~ooh No. 23. Page $9g.) My. ~ehher moved the adoption of the Ordinance. The motion was seconded by Hr. Young nnd adopted by the following vote: AY£S~ Couhcil members Anderson. Cornell. Dillard. Plchett. Webber. Young. and the President. Mr. Wheeler ................. 7. NAYS: ~one ............................ 0. SCHOOLS-S£R£RSoWAY£R D£FAR?MENT: The City Manager reported that pursuant to a directive of Council at its meeting of Jul7 27. lgSg. bids have been received for construction of n sanitary sewer from the Ferncliff Avenue Pumping Station to the Stewart School site north of ~ersbberger Road. and submitted a tnbu!ation of such bids. showing that of H. S. Hudgins. in the amount of $15.675.00. as low. the City Manager recommending acceptance of the low bid. The City Wanager further reported that he has received a communication frOm Mr. Hudgins. offering to construct a sewer line of approximately 6000 linear feet of 10-inch pipe and 3400 linear feet of 15-inch pipe to connect the proposed sewer line from the Ferncliff Avenue Pumping Station to the termination of the ~Jty*s existing sewer line on the Rates property to the south, for the sum of $40.000.00. and advising that the actual cost for constructing the said connection will be $45.000.00. but t~at he~is!~mllling~to~n6ntribute the differential to the city. Hr. Hudgins stating that he has been assured that Mr. Lee Hartman will contribute. $4.000.00. and the tluff Estate. $2.500.00. toward the construction of the connecting line. the City Manager stating that construction of a sewer line through the area involved has been ~onsidered previously by Council on the basis that the property owners whose lands could be developed by reason of the constraction o~ the sewer would pay one-half the cost thereof, but that the matter wac decided against because no agreement could be reached with the property owners 'concerned. and advising that the offer did not provide for sufficient contribution by ~he property owners concerned, and consequently, he could not recommend the acceptance thereof. Mr. ,ebber moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (#13818) A RESOLUTION accepting the proposal of #. $. audglns for the construction of a sanitary sewer from existing Ferncllff Avenue Pumping Station to Stewart property; authorizing the proper City Officials to execute the requisite c0·tractt ·ad rejecting ·ll Other bids. (For full text or Resolution. see Ben,lURiD· B,oh No.23. Page 400.) Mr. Webber moved the adoption or the Resolution. The motion ins seconded by Mrs. Pickett ·nd nd,pied by the r,il,wing vote: AYKS: Council members Anderson! CDr·ell. Dill·rd. Pickett. Mebber. Young. and the Preside·t. Mr. Wheeler ................. ?. KATS~ Hone ............................ O. STORM DRAINS: The City Manager reported that pursuant to · directive or council it its meeting or August 10. 1959. bids hare been received for construction of · storm drain in the vicinity of Thirty-sixth Street. Westmood Houlevnrd nnd iShe·oedonh Avenue. N. W.. and presented · inhalation showing the bid or w. S. iHudglns, i, the ·mount or $26.654.00. as tow. the City Hanager recommending that the low bid be accepted. Mr. Dill·rd moved to concur in the recommendation of the City Ma·agar and offered the following Resolution: (·13919) A R£SOLHTION ·ccepting the proposal of W. S. Hudgins for the construction of · storm drain in the vicinity of 36th Street. Westmood Boulevard and Shennndoah Avenue. N. W.; authorizing the proper City Officials to execute the requisite contract; end rejecting all other bids. (For full text of Resolutiou.'see Resolution Book Ko. 23. Page 401.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by DF. C,mall and adopted by the f,Il,ming vote: AYBS: Council members Anderson. Cornell. Dillard. Pickett. Mebber. Young. end the President. #r. Mheeler ................ ?. NAYS: None ........................... O. MF. Webber then offered the following emergency Ordinance appropriating funds for the two contracts previously awarded to M. S. Hudgins in the amount or $42.329.00: (c13820) AN BBDINANCK to amend and reordnln Section mi41. #Sewer and Drain Construction.' of the 1959 Appropriation Ordinance. and providing for an emergency. For full text of Ordinance. see Ordinance Rook No. 23, Page 402.) Mr~ Webber moved the adoption of the Ordinance. The motion was seconded b~ Mr. Young and adopted by the following vote: AYES: Councll'~memberu Anderson, C,mall, Dillard. Pickett, Mebber, Y,aug, and the President, Hr. Wheeler ................. 7. NAYS: None ............................ O. STORM DRAINS: The City Manager reported that pursuant to a directive of Council at its meeting of August 10. 1959. bids have bee· received for co·strnction of a storm dr·in and mock appurten·nt thereto on Rosalind Avenue. S. W.. from the end of the existing 24-inch storm drain to the existing outlet south of Cnssell Lane. and advised that a p,rtl,· of the dr·in contemplated Is located on private property, mhicb portion is estimated to cost $2.162.50. which the City Man·get · dvises he cannot recommend, he further advising that in his opinion, u storm drain should be extended eastward on Cnssell Lane approximately bO0 feet to intercept the '80 utter now flouitg across private property, t~d eltiwstingthe Cost or cochontslciou to be $S,000.00. Mr. Webber w,wed to re/er the Boater back to the City Wtttger For negotiation mitk the itu bidder to tccowpllsh~lc recommendations, iud ~ubeicsloo or bis report thereon, The m,altO was seconded by Dr. Corteli tad sd,pred. FlUDGEToDEPARTWENT OF PUBLIC WRLFAREz The City Mariner reported that die to the kenvy caseload o/ wediotlly*iodigent personnel, the tp~ropristion rot hospitalization o/ indigents is exhausted, aid requested an appropriation of $44,000.00 to this account /or the remainder el the year, farther reporting that the number of convalescents at the nit7 Howe have increased to such a point tkat funds for payment of n physician ore exhausted, tad requesting an additional appropriation of $4,150.00 for this acc,ant. Hr. Webber moved that Council concur in tie request of the City Hanager nnd offered the following emergency Ordinances (w13821) AH ORDINANCE to amend and reordain Section sRO. "Hospitalization,# and Section u54. "City Home." of the 1959 Appropriation Ordinance. and providing for an emergenCyo (For full text of Ordinance. see Ordinance Rook No. 23, Page 403.) Mr. #ebber w,wed the ad,piton of the Ordinance. The motion mas seconded by Or. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Pickett, Webber. Young. and the President. Mr. Hheeler ................ ?. NAYS: Hone ............................ O. REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of July. 1959, and reported other departmental reports on file in his office. Mr. Anderson moved to file the report. The motion was seconded ~y Mr. Young and adopted. REPORTS OF COM#ITTEES: HO~E. UNFINISHED OOSI~ESS: STBEETS AKD ALLEYS: Council at its meeting of August 24, 1959. having referred to the City Planning Commission for study and r~cowmendation ~ petition cf Wlluont Realty Corporation, et al., requesting that Alva Avenue, ~. H~, extendin~ westward ~rom Thirty-sixth 5treat to Sterens Road, nad Sterenu Road, extending northward from Shenandoah Avenue alon~ with a farm road extending in a~ east*west direction at the northern end of Stevens Road, be vacated, discontinued and closed. the City Planning Commission submitted its report, advising that since:the streets in question are unopened and have no utilities located therein~ the Commission is the opinion that the closing of the streets will permit a more advantageous development ~f ~ subdivision, within Which provision will be made for:new streets that will better serve the area in question, it consequently, recommending the granting of the request of the petitioners. mr. Webber moved to set a public hoofing lu the mutter for 2tOO:oecloek, p, m** October S, 1959, 10 the Council Chumber, nod to direct tbs attorney for the petitioners to prepare the proper entice of Such hearing, h·ve it upproved by the City Armor·my mud present it to tbs City Clerk roe public·tins, The motJo· nas seconded'by'Mr, Anderson aid adopted. ZOninG-STREeTS A~D ALL, TS: Council et Its meeting or June 29, 19S9, h·vi·g referred to the Git7 Pluuning Commission roe study ·nd recommeudutlo· · petltlo· or Esso Stand·vd O11Co·p·ny, et al., requesting thut their properties lying o· both sides of'Braudon Avenue, S, W** at the city limits, be rezo·ed from Gener·l iesldenc District to Business District for · depth of 250 rest from ·random Avenue, the City Planning Commission submitted its report, advising that since the properties of the I petitioners are located on · main thoroughfare at the meet corporute limits of the city and are adjacent to certain properties located In the county that ire now zoned and used for business purposes, it is of the opinion that the properties are more suitable for businesses tha· for homes, and that the rezoning of them mill be a natural extension of the existing business district, the Planning Commission advisin that due to the elevation of the lurid, the development of the portion of the petitioners' properties fronting on the highmay for business use mill not adversely affect the value of nearby residential properties noF he contrary to the Interests of the public, the Commission, consequently, recommending tbat Council grant the request of the-petitioners and that the body accept the offer of stid petitioners tc Mr. Webber moved to set a public hearing in the matter for 2:Go o°clock, p, m., October 12, 1959, in the Council Chamber, and to direct the attorney for the petitioners to prepare the proper notice of such hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion mas seconded by RF. Young and adopted. SCHOOLS: A recommendation of the Roanoke City School Bobrd that Council adopt au Ordinance providing for compulsory school attendance in the City of Roanoke having been tabled at the previous meeting of Council, the matter was again before e body. In response to a question from Council, Dr. E. W. Rushton, Superintendent of Schools, advised that in bis opinion adoption of the Ordinance is necessary to the school system and that the law will be helpful to parents with children who are not inclined to attend school.. Mrs. Pickett moved that Council concur in the recommendation of the Roanoke City School Board and offered the following emergency Ordinance~ (·13822) AR ORDInAnCE to provide that an act designated aa Chapter 72, Acts of the General Assembly of Virginia, Extra Session of 1959. providing for the compulsory attendance of children between the ages of seven and sixteen in the schools specified in said act. shall be in effect and in force within the City of Roanohe~ and providing for an emergency. (For full text of Ordl·ance, see Ordinance Book No. 23, Page 403.) MFS 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. Webber, Young, and the President, Mr. Wheeler ............... 7. ~' 82 .NAYS1 ~oee ................ O. CONSIDERATION OF CLAIILSt NONE. IBTMODU~TION AHD CONSIDEBATION OF ORDIHANCES AND DESOLUTIONSt DONATIONS-STReETS AND ALLEYS: Council et its meeting or August 24, 1959, hiving directed the preparotion of Ordinances e~ceptlog the offers of.Mr. W. Cloyton Lemon end Mr. L. W. Weaver to convey to the City o( Roanoke, without cost, 20 feet from the froot or their pr,peril,not Patrick Henry Avenue, N. E.o Ers. Pickett offered the following emergescy Ordinance occepting.the offer of Er. Lemon~ (s13823) AB ORDINANCE accepting the offer or ~. ~layton and Both D. Lemoo to donate oDd convey unto the City portions of certain real eshate rrooclng on Patrick Henry Avenue. B. Er:and providing f~r on emergency. (For full text of Ordinance. see Ordinance R,oR No. 23. Page 404.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seco%ded by Mr. Young and ed,pied by the following vote: AYES: Council meubers Anderson. Corn,Il. Dillard. Pickett. Webber, Young. and the President. Mr. Wheeler ................. T. NAYS: H,De ............................ O. Mr. Anderson then offered the following emergency Ordinance accepting the offer of Mr. L. W. Weaver: (m13924) AN ORDINAHCE accepting the offer of U. U. and Lorraine L. Weaver donate and convey unto the City portions of certain real estate fronting on Patrick Henry Avenue. B. E; and providing for an emergency. (For fu~l text of Ordinance. see Ordinance Hooh No. 23. Page 405.) Mr. Anderson moved the adoption of the Ordinance. The motion was seconded by Mr. Young end adopted by the following vote: AYES: Council members Anderson. C,mall. Dillard. Pichett. Webber. Young. and the President, Mr. Wheeler ................. T. NAYS: None ............................ O. AIRPORT: Council at its meeting of August 24. 1959, having directed the preparation of an Ordinance extending the lease by the city to Mr. Eugene B. Bass fol certain land at the Roanoke .Municipal Airport. Dr. Corn,Il moved that the following Ordinance be placed upon its first reading: (m13825) AN ORDINANCE authorizing an amendment to the lease of May O. 1950.. between the City of Roanoke and Eugene B. and nlllie fl.. Bass. by increasing the am,un of real estate lensed. WHEREAS, pursuant to a lease dated the Otb day of May, 195B. and ending the list day of August. 1962. the City is currently leasing 1.63§ acres of land, located an the Roanoke Municipal (M,,drum Field} Airport grounds, unto Eugene Bo Dod Billie ~. Bass for $600.00 per year to be used exclusively for a house trailer court: and WHEREAS. the aforesaid lessees have requested the privilege of leasing an additional 0.6 of an acre of the same width and situated immediately adjacent to the rear of the aforesaid 1.635 acres and have offered to pay the City an additional $300.00 per year as rent therefor, all terms of the aforesaid l~ase otherwise' to remain unchanged: in which re~uest the City Manager and the Manager of the Airport concur. ' ' THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 'that the ior $3oo~nce ~o rencin unchanged. The motion uus seconded by Wr~d by the tallowing votes ~~bev, Young, und ~he Fresldeat. Hr. Wheeler ................. ?. HAYS: None #OTIONS AND WI5GELLAK~OU$ HOH$ING AUTHORITY: The #syor called rot nominations rot a wewber or the Wru. Pickett moved to table the waster until the next regular meeting or Council. The motion nas uecooded by Wv. Webber and adopted, $TAT~ HIGHWAYS: Dr. Coroell stated that approval by Council or the exteosio or the proposed spur rron the laserstore Highway system tram Orange Avenue to ~lm avenue bas reunited in nullifying plods rot the developmeot or the Commouuealth ~ederelopuent Project and deuial or deeds to property owoers lo the area, add moved to direct the City Attovne! to prepare · gesolution repealing the gesolution previously adopted by Council approving the extension of the lnterntate Highway spur from Orange Avenue to Elm Avenue within the cltyo The notion Was seconded by rjr. Dillard and lost by the tallowing vote~ AYES: Conncll menbers CoFnell, and Dillard .......... ~AY$~ Council members Anderson, Pickett, Webber, Young, and the President, ~r, Wheeler .................................................. E~DG~T: Wv. ~ebber stated that Council haw appropriated a considerable amount or fundu during the ~ear which hau tended to unbalance the budget, and saved to direct the City Auditor to prepare a report projecting the unexpended operating surplus of the ¢lty*s General Fund to January 1, 1960, and to sobnit said report to Cooncil at its next regular meetiog, The motion was seconded by Or. Cornell and adopted. I~OHiTRIE$~ Wv. Young reported that as Chairman Or the Industrial Develop- mens Committee he has contacted other organizations ia the City or Roanoke that are eogaged in industrial development work with reference to what the city might do, in cooperation with those organizations, to further the luduutriol developnent Soanoke, and advised that he intends to call · meeting or the comnlttee ia the near roture to diucuss the replies he hum received to his question, he also stating that he has requested the City Clerk to act as secretary of the committee. Hr. Webber stated that in hiu opinion the City Wanuger, who must carry cot the policieu Or the ia connection with the Industrial development, should meet with the committee, and moved that he be made on ex officio member or the Industrial Oevelopwent Committee. The motion was seconded by DF, Cornell and adopted. Dr. Coroell then stated that in hfs opinion the committee should also invite representatives or other organizations that are wording toward the industrial development or Roanoke to meet with thu colmittoe mhuo it discusses the replies the Chnlrmuo his received, Hr, Young stated thor representatives or other organizations will be invited to meet mitb the.lodustrlol Development Committee, COU~CILoLKAGUE OF VIRGINIA RUNICIPALITIES~ The Royor pointed out that u number or the meobers or Council will be attending 8 meeting or the League or Virginia Xoulclpnlities ut Old Point Comfort ou September 20-23, 1959, which uill not leave a quorum present rot the meeting on September 21, 1959, Mr, Dillard moved thor the-regular meeting o! Council-for September 21, 195~ be dispensed with, The motion wis seconded by Hr, Anderson and adopted, There being no further business, Council adjourned, APPROVED COUNCIL, REGULAR MEETING, Monday, September 14, 1959. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, September 14, 1959. at 2:00 o'clock, p. m,. the regular meeting hour. with the Vice President. Mr, ~ebber, presiding, PRESENT: Council members Anderson, Cornell, Dillard. Pickett, Young and the Vice President, Mr. Rebber ........... ABSENT: The President. Br. Nheeler ....... OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Hr. Randolph G. Mhittle, City Attorney, Mr, Harry Re Yarns, City Auditor, and Mr. J, Robert Thomas, City Clerk. INVOCATION: The meeting was opened mith a prayer by the Reverend Made B, Bryant, Pastor, First Baptist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: SEMAGE DISPOSAL: Pursuant to a directive of Council at its meetin9 of September 29, 1959, and subsequent advertisement for bids for the enlargement of the Sewage Treatment Plant in accordance with plans and specifications, the folloming bids were received: Contract A. - J. M. Turner and Company, Incorporate English Construction Company, Incorporated, B. F, Parrott and Company, Incorporated J. F. Barbour and Sons, Rea Construction Company, and Al Johnson Construction Company. Incorporated; and Contract B. - Link-Belt Company, Dravo Corporation. Chicago Pump Company, Chain Belt Company, American Well Morks. The Jeffrey Manufacturing Company, and Dorr-Oliver, Incorporated. Mrs. Pickett moved to refer the bids to a committee composed of Messrs. Walter L. Young. Chairman, Robert E. Crawford, of Alvord. Ourdlck and Homson, Arthur S. Owens, Il. Cletus Broyles and tl. S. Zimmerman, for tabulation, study and recommendation. The motion was seconded by Mr. Anderson and adopted. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a petition from Bessie Cox Martin and tbeAppalachian Power Company, requesting that a portion of an alley running in a north-south direction between First Street and Second Street, S. lying between Franklin Road and Day Avenue, be vacated, discontinued and closed, and that a board of viewers be appointed to view the said alley and report thereon, in accordance with Section 15-766 of the Code of Virginia. 1950, as amended. Ur. Cornell moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Young and adopted. Mr. Young then offered the following Resolution appointing viewers as requested: (~13826) A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the petition of Bessie Cox Martin, et al., to permanently vacate, discontinue and close a certain portion 85 :86 of a public alley In the City of Roanoke, Virginia. running in a north-south direction between First end Second Streets, S. W., mhich alley lies betweea Franklin Road and Day Avenue, S, R, (For fall text of Resolution, see Resolution Book No, 23. Page 408,) Hr. Young moved the adoption of the Resolution, The motion was seconded by MFS, Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Young, and the Vice President. Hr. Webber ........ 6. NAYS: None ...................O. (The President, Mr. Rheeler, absent) ZONING: The City Clerk presented a request of Mr. George E. Lester, et al., that Lots I through 8, inclusive, Block 35, West End and Rlvervlew, located on the south side Of Patterson Avenue, S. W** between Nineteenth Street and Twentieth Street, be rezoned from General Residence District to Light Industrial 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. STREET LICHTS: The City Clerk presented a communication from the Appalachian Power Company, reporting the installation of four 6000 lumen and one 21000 lumen street lights, the replacement of three 2500 lumen units with 6000 lumen street lights, and the removal of one 6000 lumen unit and two 2500 lumen street lights in the City of Roanoke during the month Of August, 1959. The report was ordered filed, ZONING: The City Clerk presented a request of Mr, Roy R, Pollard, et al., that Lots 9. 10, and part of Lot Il, Block 5, Barbour Heights, located on the north side Of Hrandon Avenue, S. W., west of Rain Street, 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, REPORTS OF OFFICERS: STORM DRAINS: The City Ranager reported that in compliance with a directive of Council at its meeting of September B, 1959, he has negotiated with Draper Construction Company, Iow bidder on the sewer project on Rosalind Avenue, S. W., and submitted a written offer of the company, dated September 11. 1959, agreeing to delete from its original bid that portion of the pro- posed storm drain which would be on private property, reducing the amount of the company*s original bid by $2,161,50, and further agreeing to extend the 24-inch storm drain a distance of approximately 600 feet east in Cassell Lane from i~alind Avenue, in accordance with revised plans as prepared by the Department of Public Works, at an increased cost of $5,950,00. or a net increase in the total contract of $3,?B8,50. the Ci~ Manager advising that while this change w'lll not completely eliminate all storm waters flowing over the private properties in the area, it will appreciably reduce the amount of water, thus relieving the property owners to a great extent, and recommending that Council accept the amended bid of Draper Construction Company. Dr. Coroell moved to concur in the recommendation of the City #manger and offered the following Resolution: (Ul3R2?) A RESOLUTION accepting the proposal of Draper Construction Company for the construction or a slot, drain on Rosalind Avenne; authorizing the proper City Officials to execute the requisite contract; and rejecting the other bid. (For full text of Resolution. see Resolution Rook No. 23. Page 409.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by NFo Dillard and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Young. and the Vice President. Mr. Webber ......... NAYS: None ....................O. (The President, Mr. Wheeler, absent) Mr, Young then offered the following emergency Ordinance appropriating fonds for the contract, as well as for additional costs of advertising not here- tofore covered in the budget: (x13020) AN ORDINANCE to amend and reordain Section ff141, wSewer and Drain Con Rruction,* of the 1959 Appropriation Ordinance. and providing for on emergency. WitEREAS. for the osual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. (For full text of Ordinance. see Ordinance Book No. 23. Page 410,) 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. Pickett, Young, and the Vice President, Mr. Webber ........ 6. ~AYS: None ...................O. (The President, Mr. Rheeler, absent) WATER DEPARTMENT: The City Manager reported that Mr. A. A, Dunbar has submitted to the Water Department a reqnest that he be permitted to obtain ~rvice from a city water main located in Palmer Avenue, N. E., to serve his property designated as Lots 76, 77 and 7fl, Block 4, Palmer Park, located on Lela Avenue, which will necessitate Mr. Dunbar constructing a line across private property and acquiring a right of way therefor, and which is in violation of the Rules and Regulations of the Water Department, the City Manager recommending that Council waive said Roles and Regulations in this matter and grant the permission required, advising that the area concerned is in Roanoke County. just across the city llne. Mrs. Pickett moved to direct the City Attorney to prepare a Resolution carrying out the recommendation of the City Manager. The motion was seconded by Mr. Young and adopted. BUDGET-AIRPORT: The City Manager advised that the appropriation for Wages in the Airport Account for the year 1959 is insufficient and requested that $700.00 be transferred from Repairs to Wages in the Airport Account to provide for operations during the remainder of the year. Dr. Cornell woved to concur in the request of the City Manager and offered the following emergency Ordinance: (al3029) AN ORDINANCE to awend and reordaln Section nO0, UAlrport,U of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance 0oo~ No. 22, Page 411,) Dr. Cornell woved the adoption of the Ordinance, The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Auderson, Cornell, Dillard. Pickett. Young, and the Vice President, Mr, Webber ............ NAYS: None~ ...................O. (The President, Mr. Mheeler, absent) STREETS AND ALLEYS: The City Manager reported that Mr. So R. Draper, owner of the property lying on the westerly side of Franklin Road, So M., between Jauette Avenue and the Franklin Ro3d bridge, has requested certain Changes in the intersection of Franklin Road and Maple Avenue, S. M.. reqoiring relocation of traffic signals, alteration of traffic control islands and changing of cross- overs into his property, In order to improve the movement of traffic into and from said property which bas been vacant for some time, the City Manager advising that Mr. Draper has rented his property to a department store and feels that the requested changes are necessary to permit proper ingress and egress without undue interference with traffic flowing on Franklin Road, the City Manager further advising that the cost of the work r~quested is estimated at $2,049.00. of which cost, Mr. Draper has agreed to pay fifty per cent. the City Manager recommending that Council grant the request. Mr. Young moved to direct the City Attorney to prepare a Resoluti(n carrying out the recommendation of the City Manager. The mot im was seconded by Mr. Anderson and adopted, Mr. Dillard voting no. DUDGET-WATER DEPARTMENT: The City Manager advised that due to the delay in replacing the steam pump at Crystal Spr~ng Pumping Station with electrical equipment, It bas been necessary to employ laborers at that station longer than anticipated when the budget was adopted, and requested an appropriation of $1,200.00 to the Wage account in the Crystal Spring Pumping Station section of the Water Fund Appropriation Ordinance for the remainder of the year, the City Manager further advising that due to the heavy expenditures for installation of water service in subdivisions du'rfng the year, the Capital Outlay account of the Water Department is exhausted, and requesting an appropriation of $35,000.00 to Capital Outlay from Revenue in the Water Department budget for the remainder of the year. Mr. Anderson moved to concur In the request of the City Manager and offered the following emergency Ordinance: (#13030) AN ORDINANCE to amend and reordain Section u260, *Crystal Spring Pumping Station,' and WNon-OperatJng Expense,* of the 1959 Water Fund Appropriation Ordinance, und providing for an emergency. (For full text of Ordinance, see Ordinance Oook ~o, 23, Page 411,) Mr. Anderson moved the adoption of. the Ordinance, The motion mas seconded by Mr, Young and adopted by the followiug vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Young, and the Vice President, Hr, Webber ........ NAYS: None ...................O, (The President, Hr. Wheeler, absent) PURCHASE OF PROPERTY-STREL~TS AND ALLEYS- CURB. GU'rTER AND SIDEWALK:The City Manager reported that la compliance M th a directive of Council at it s meeting of February 24, 1959; be has negotiated with Mrs, Louise Bohon for a portion of her property located on Blenheim Road and Brandon Avenue. S. needed for the widening of gl,Rheim Road and cutting back the corner of the intersection, the City Manager stating that. based upon an appraisal of the property, he has offered Mrs. Bohon $2.562000 for the property needed, which offer she has not accepted, but has made a counteroffer to deed the city the required land at a price of $3.500.00. cash. provided that the city construct at its own expense curb. 9utter and sidewalk, and reduce the radius of the proposed corner cutback to 13 feet instead of 25 feet. and also provide a driveway entrance to the rear of her property. Mr, Dillard moved to reject to offer of Mrs. Bohon as being excessive. The motion was seconded by Mr. Young and adopted. BBDUET-STORM DRAINS: The City Manager advised that considerable trouble has been experienced in the drainage shaft at Broad Street and Greenlawn Avenue. N. W.. which in his opinion is partially due to excessive amounts of water concentrated at this point during heavy rains, and stated that Dr. Bryon N. Cooper of Virginia Polytechnic Institute. after studying the situation, has recommended among other things that two additional drainage shafts be drilled, one in the vicinity of the intersection of Broad Street and Richlands Avenue. N. and one in the vicinity of the intersection of Broad Street and Sunrise Avenue. N. M.. in order to intercept a portion of the ua,er before it concentrates at the intersection of Broad Street and Ureeolawn Avenue. N. W** the City Manager estimating the cost of drilling the two additional shafts at $6.000.00. and requesting an appropriation in that amount. Mr. Young moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~13831) AN ORDINANCE to amend and reordain Section ~!41. *Sewer and Drain Construction** of the 1959 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23. Page 411.) Mr. Young 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. Pichet~ Young. and the Vice President. Mr. Webber ...........6.- NAYS: None ................... O. (The President. Mr. Wheeler. absent) BUDGET: Pursuant to a request of Council at its meeting of September 1959. the City Auditor presented an analytical statement of the city*s Ueneral ?90 Fund cash position, projected to December 31, 1959, showing an expected available cash balance in that fund as of December 31,,1959, of $1,031,657,43. The report was ordered filed.. REPORTS OF COMMITTEES: PENSIONS: Council at its meeting of July 13, 1959, having directed the Board of Trustees of the Employees* Retirement System to study the question of providing q pension of 50 per cent of the amount a member of the system would draw for his surviving spouse, whether or not the employee died in service, and retaining the ordinary death benefit to the extent of one-half of the earnings of the employee during the year preceding his death, the Board submitted its report, recommending that Council amend the Ordinance covering the Employees' Retirement System so as to provide for a pension to each widow of a member of said system of one-half of the amount of the penslo~ her husband was drawing, or would have been entitled to draw, thereunder at the time of his death for so long as she remains his widow, the Board further recommending, in order to provide funds with which to pay such widows' pensions without increasing the city's present annual rate of contribution, that the period of liquidation of the accrued liability be extended to the thirty years originally anticipated. The matter was laid over until the next regular meeting of Council, due to the absence of Mayor Mheeler, SERAGE DISPOSAL: Council at its meeting of March 16, 1959, having referred to a committee composed of Messrs. Roy L. Rebber, Chairman, Walter Lo Young, Arthur S. Owens and Randolph Go Rhittle for study and recommendation, a request of the Council of the Town Of Salem, that the contract of October 1953, between the City of Roanoke and the Town of Salem dealing with the treatment of domestic and commercial uaw.res be amended by adding thereto the Glenvar School site, containing approximately I2oRi acres, located at the old County Poor House Farm O.6-mile north of U. S. Route 11 and O.l-mlle west of State Route 643, in the County, the committee submitted its report, recommending that Council 9rant the request. Mr. Anderson moved to concur in the recommendation of the committee and offered the following Resolution: (x13832) 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 wastes. (For full text of Resolution. see Resolution Book RD. 23, Page Mr. Anderson moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Corn~ll, Pickett, Young, and the Vice President, Mr. Mebber ................. 5. RAYS: Mr. Dillard ............1. (Yhe President. Mr. Mheeler, absent) SEMACE DISPOSAL: Connci~ at its meeting Of July 27, 1959, having referred to a committee composed of Messrs. Roy L. Mebber, Chairman, Malter L. Young, Arthur S. Omens and Randolph G. Rhittle for study and recommendation a request of the Board of Supervisors or Roanoke County that the contract of SePtember 28, 1954, between the City of Bounohe end the County of Roe·oRe dealing with the 2S-acre tract or land lying on the westerly side of Plontetioo Road north of the city, u 15.33-acre tract of land lying east of the Veterans Administration Hospital. end u 21.6-acre tract of land knomn ns Arlington Hills. lying on the east side of U. 5. Hlghmay Route 221..astor Cave Spring High School, the committee submitted its report, recommending that the request be granted. Nr. Young mated to concur Jn the recommendation of the Committee and offered the folloming Resolution: (m13833) A RESOLUTION amending the contract o! September 28, 19S4. between the City of Roanoke and the County of Roanoke. dealing with the treatment of domestic and commercial mestes. (For full text of Resolution. see Resolution Book NO. 23, Page 413.} Rt. Young moved the adoption of the Resolution. The motion mos seconded by Mr. Anderson nnd adopted by the following vote: AYES: Council members Anderson. Cornell, Pickett. Young. and the Vice President. Hr. Rabbet ................. S. NAYS: Rt. Dillard ............I. (The President. Hr. Nheeler, absent) Rt. Young then offered the following Resolution: (m13S34) A RESOLUTION amending the contract of September 2g,.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 414.) Hr. 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, Pickett. Young, and the Vice President. Mr. Hebber ................. 5. NAYS: Mr. Dillard ............1. (The President. Mr. Mheeler, absent) Mr. Yunna then offered the following Resolution: (ml3835) A RESOLUTION amending the contract of September RS. 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 Mr. Yonng moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council member· Anderson. Cornell. Pickett. Young, and the Vice President, Mr. Webber ................. 5. NAYS: Mr. Dillard ............1. (The President, Mr. Wheeler. absent) UNFINISHED BUSINESS: None, CONSIDERATION OF CLAIMS: None. . INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 13all, approving and consenting to the permanent vacating, discontinuing and closing of a portion of Larchwood Street, N, E., in the City or Roanoke, having previously been befQre Council rot its first reLdieg, read nad laid over, mis again before the bodyi Mrs. Pickett offering the folloulng for its secoa~ rending and final adoptions (s13811) AN 0RDIBARCB approving and consenting to the permanent racatlago discontinuing and closing of a portion of Lsrchmood Street, N. E., in the City of Roanoke, Virginia, as shana on the Rap of Union Stock Yard.Corporation dated April I1, 1930, recorded In the Clerk's Office of the Circuit Court of Roanoke County..Virgicis, in Deed Book 195, page 402, and on the revised map of Union Stock Yard Corporation dated April 14, 1956, end recorded in Rap Book 1, page 85, in the Clerk*s Office Of the Bustings Court for the City of Roanoke, Vlrginic. (For full text of Ordinance, see Ordinance Book No. 23, page 406.) nFS. Pickett moved the adoption of the Ordinance. The motion nas seconded by Dr. Cornell and adopted by the following rote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Young, and the Vice President, Hr. Rubber ........ 6. BAYS: None ...........~ ....... O. (The President, Mr. Mheeler. absent) AIRPORT: Ordinance Bo. 13925, authorizing the amendment to the lease of Ray 0, 19S9, between the City of Roanoke.and Eugene B. and Sallie B. Bass, by increasing the amount of real estate leased, having previously been before Council faf its first reading, read and laid over, mas again before the body. Hr. Rubber stated that he has received several complaints from persons living in the vicinity of the trailer court located on the property leased to Hr. Bass by the City of Roanoke concerning the.unsatisfactory disposal of sewage which .results in obnoxious odors, and that he has advised the persons complaining to him to take their complaints to the county health authorities. Mr. Anderson then moved to t~ble the Ordinance until the next regular meeting Of Council and to direct the City Manager to contact the county health authorities concerning the condition spoken of by Mr. Rebber and submit his report thereon. The motion was seconded by Mr. Dillard and adopted. MATER DEPARTMENT: Council at its meeting of September B. 195~, having directed the preparation of a Resolution.~uthorizing purchase from the Norfolk and Mestern Railway Company of certain cast iron pipe and fittings. Mrs. Pickett offered the follouing Resolution: (m13936) A RESOLUTION authorizing the Purchasing Agent to purchase for the Mater Department certain usable surplus materials from the Norfolk and Mestern Railway Company. (For full text of Resolution, see Resolution Rook No. 23. Page 417.) 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, Pickett, and the Vice President, Mr. Mebber ............................ 4. . NAYS: Mr. Dillard ............1. (Mr. Young not voting) (The President, Mr. Mheeler, absent) BUDGET-RECREATION DEPARTMEhT-PARES AND PLAVGROUNDS: Council at its m~etlng of September 8, 1959, baying directed the preparation.of an Ordinance providing tar the purchase of approximately 3.0 acres of land tram Gale B. and Vera C. Cyphers in Garden City, Mr. Anderson offered the foil*mia9 emergency Ordinance: (u13037) AN ORDINANCE authorizing the purchase or the approximately ~.0. acres or the Garden City real estate presently leased rrou Gale B. and Vera C. Cyphers for recreational purposes at sao0.o0 per acre cash;.ond providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 23, Page 417.) Mr. Anderson moved the adoption of the Ordinance. The motion mos seconded by Dr. Cornell and adopted by the following vote: AVES: Council members Anderson. Cornell, Dillard. PJchett~ Voung, and the Vice President, Mr. Mebber ........ NAYS: None ................... 0. (The President, Mr. Mheeler, ~bsent) Mr. Dillard then offered the following emergency Ordinance appropriating funds for the purchase of the property: (Ul3S3g) AN ORDINANCE to amend and reorduin Section ml44, 'Departmental Equipment and Improvements.# of the 1959 App~oprlatinn Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance *aah No. 23. Page Mr. Dillard 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. Mebber ........ NAYS: None ................... O. (The President, Mr. Nheeler. absent) MOTIONS AND MISCELLANEOUS BUSINESS: HOUSING AUTHORITY: Council at its meeting of September 8. 1959. having tabled until its next regular meeting the appointment of a Commissioner of the City of Roanoke Redevelopment and Rousing Authority, the matter mas again laid over, due to the absence of Mayor Rheeler. There being no further business. Council adjourned. APPROVED President 93 COUNCIL, REGULAR MEETING, - '#ondoy. September 28. 1959. The Council o/ the City or Roanoke met'In regular meeting in the Council Chamber in the Municipal'Building. Monday. September 28. 1959. et 2:00 otclock. p. m**'the regular meeting houri with the President. Mr; Mkeeler. presiding. PRESENT t Council members Anderson. Cornell, Dillard. Pickett. Mebber. and the President. Mr. Mheeler ......... =-6. ABSENT: Mr. Young ............... 1. OFFICRRS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. RsndolphG. Mhittle, City Attorney. smd Mr. J; Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Charles A. Matkins. Jr.. Pastor~ Grandam'Court Baptist' Church. MINUTES: Copies of the ninnies of the regular meet lags held on September B. 19Sg. and September 14. 1959. having been furnished each member of Council. upon motion of Mrs. Pichett. secondedby Mr. Anderson and adopted, the'reading mas dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS:' None. PETITIONS AND COMMUNICATIONS: CHAMBER OF COMMERCE-CITY PLANNING COMMISSION: The City Clerk presented a communication from the RoanokeChamber of Commerce, advising that its industrial committee has been studying math sincere concern the planning actiritids of tbs city. mhich studies have revealed that since the establishment of the City Planning Commission in 1950 its average annual budget for city planning'has been approximately $2,000.00. most of which was for a part-time'secretary, that prior te 1959 engineering for the Planning Commission was performed by'the Department of Public Marks which could ill affordto spare'personnel for that ~urpose, and that capable and loyal citizens appointed by the City Manager have s~rved without the guidance of a skilled planning director, often wasting their time on incon- sequential staff details, the committee stating that no other city in this region of the size of Roanoke has taken~plennieg so lightly-as is indicated by'the fact that seven citlessurvcyed within Roanoke*s population range have an average- planning budget of $46.500.00. an average.staff of 7.5 persons, and an arerage salary range for the planning directors of $7.500.00 to $10.000.00 per annum. In view of the studies of its committee, the Chamber of Commere~ recommended: - - ~ "1. Inasmuch as the Planning Commission members are:now appoln(ed by the City Manager, it would appear that for administrative purposes · the Cosmissionis relegated to a position mhtch deprives it of the prestige end independence necessary for the most effective performance of its highly important responsibilities./ Me thereforerecommend that the Commission should occupy the higher status of a body appointed by and reporting to the City Council in the same manner as the City School Board. It is believ~ this appointive authority can be established by ordinance. 2. It being evident that the present salary schedule for a 'planning executive is too Iow to attract a suitabl,y qualified person, immediate steps shouldbe taken to bring the Job into the ~enge of coupetitive positions elsemhere. The median salary reported in the municipal year- book'for cities of I00,000 to 250,000 population is $9,S00. · -3,. Furthermore, me submit that the Roanoke City Plaaalag . Cowmi'ssion should not only concern itself uith the development of amd*strict adherence to a city master plan, but should take the leadership among the four governments in Roanoke Valley la devising a strong regional plan uhinh mill serve as the basis for the uniform long range residential, commercial aid industrial grouth or the area,. Emperienced authorities hare.advised that for the mark to be done properly, it mould require o staff of S to 7'persons and an annual ~udget.of approximately $50,000.= The Chamber of Commerce further recommended that'Council tube immediate steps to establish a planning program for the City of Roanoke to meet'its growing needs. #r. Eebber moved to table the matter for consideration along with the 1960 budget and to direct the City Attorney to furnish Council an opinion as to the legal poser of the body to comply with the recommendation of the Chamber of Commerce that The Code of~tbe City of Roanoke. 19S6, be amended to proride rot appointment of members of the City Planning Commission by Council. The motion was seconded by Mr. Dillard and adopted. LICENSES-REFUNDS AND REBATES: The City Clerk p~resented a communication from Hrs. Helen E. Yurnakes, advising that the Commissioner of the Revenue has assessed against her a license tax in the amount of $762.55 for the year 1958. based upon the gross receipts of her business, the Sanhattan Restaurant, for the year 1957, HFS. Vurnakes stating that in April, 1950, the building in which she conducted her business mas destroyed-by fire, consequently forcing theclosing of her business.at that time, she therefore requesting that Council authorize her relief in the form of pro~ation of the tax for'the tax year 19S8 on. the basis of the time she mas Jn business. The City Clerk reported that the Delinquent Tax Collector now has a-suit in court to enforce collection of this license shich is unpaid. Er. Dillard moved to refor the request to-the City Attorney for:study and recommendation-, and to direct the Delinquent Tax Collector to delay the suit pending in court until such time as Council receives the opinion of the City Attorney and can act thereon. The motion was seconded by Dr..Cornell and. adopted. BUDGET-SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board. advising that under the provisions of an Act of.the General A~sembly of. Virginia at its recent Special Session requiring payment of . scholarship grants to parents or guardians of those children, attending private non=sectarian schools or public schools in a locality other than the locality in uhich the child mould normally attend, the School Hoard will be required to pay out approximately $10,?$0.00 for the first half of this ~hool year ubic~ falls in thai959 budget period, the School Hoard requesting an appropriation of that amount to meet the requirements, advising that~oppr~ximately*$6.6oobo0 of these fundswlll,"be~refnnded.by the State. , .. Mrs. Pickett moved to concur'in therequest of the School Hoard 'and offered the folioming emergency Ordinance making:the necessary appropriation: (~3839) AN ORDINANCE to.amend and reordain Section e120, "Schools,* of the 19Sg~Appropriation Ordinance,land proriding for an emergency. (For full text of Grdinonce, see Ordinance Dook No. 23. Page 42~.) Mrs. Pickett moved the adoption of the Ordinance° The motion mas seconded by Mr. Nebber sad adopted by the folloming rote: AYES: Council membera Anderson, Coroell, Pickett, Nebber, end the President. Hr, Nheeler ................ 5. NAYS: Er. Dillard ............!. (Mr. Young absent) PARES AND PLAYGROUNDS-RECREATION DEPARTMENT: The City Clerk presented a communication from the Mllliamson Road Recreation Club, Incorporated, requesting that Council expedite development of n football field on the land adjacent rD Preston Park School for use of sandlot football teems in the Nillinmson Road area. Mr. Ralter F. Parr. secretary of the club, appeared before Council and stated that at some time in the earlier part of the year his organization made such a request and at that time the City Manager advised that a football field would be developed by use of funds contained in the 1959 budget-, but that to date nothing has been done. Mr. Webber moved to refer the matter to the City Manager for investigation and report. The motion was seconded by Or. Cornell and adopted. RECREATION DEPARTMENT: The City Clerk presented a communication from the Senior Council of the Nilliamson Road Recreation Center expressing its gratitude for the new center mhich will he constructed under a contract recently approved by Council. Mr. Anderson moved to file the communication. The motion mas seconded by Dr. Cornell and adopted. RUNICIPAL COURT: The City Clerk presented a communication from the Chief Judge of the Municipal Court. stating that in his opinion it is imperative that a system be established mhereby criminal warrants and processes may be ~btatned at the Municipal Building on a 24-hour n day basis to serve both the Municipal and Domestic Relations Courts. advising that the action taken in 1957 by Council partially solved the problem, but a complete solution-is now needed, he therefore requesting that O committee be appointed to study the matter and submit its recommendations to Council. Mr. Webber moved to appoint a committee composed of Mr. Willis M. Anderson Chairman. Mrs. Mary C. Pickett, Mr. Randolph U. Nhittle. Mr. Richard T. Edwards, and Judge Beverly T. Fitzpatrick to make the study requested and submit its recommendations to Conncil. The motion was seconded by Mrs. Pickett and adopted, Messrs. Cornell and Dillard voting no. REPORTS OF OFFICERS: ANNEXATION: The City Manager reported that Wiley and Wilson, Consulting Engineers, have proceeded with their study of the proposed annexation areas to the point where they con recommend annexation of certain zreas of Roanoke County as outlined on a map submitted with their report, he stating that the studies of Riley and Nilson have convinced him that it will be economically feasible to annex the areas aa recommended, the City Manager therefore recommending that Council direct the City'Attorney to prepare an Ordinance providing for the oanexotioa of the ·ream outlined by s·ld Consulting Engineers, such Ordinance to include · metes and bounds description of the ·re· mhich will be furnished by the City Mansger ·s soon as*the survey therefor Is completed. Or. Cornell moved to submit the question of annex·Visa of the ·rea ss recommended to the qualified voters of the City of Roanohe Jn · referendum to be held in connection mith the General Election in November. The motion mas seconded by Mr. Dill·rd and ~ost, Council members Anderson, Pickett. ~ebber. and #heeler voting no. Mr. #ebber then moved to concur In the recoumendation of the City Manager and to direct the City Attorney to prepare the proper Ordinance, based upon the survey lo be conducted under the direction of the City Manager, the Ordinance to include that portion of Peahwood Drive south of Nest Ridge Road, acm lying in Roanohe County, along with the properties contiguous thereto, The motion nas seconded by Mr. Anderson and adopted, Council members Dill·rd and Cornell voting DUDGET-SEMERS AND STORM DRAINS: The City Manager reported that there are insufficient funds in the 1959 budget to provide for repairs to certain sewer equipment and requested · transfer of funds In the amount of $60D.DO from Materi·ls and Supplies in the Sewer and Dr·in Construction account to Materials and Supplies in the Sewer Maintensnce account of the 1959 budget. Mr. Anderson norad to concur in the request of the City Mansger and offered the following emergency Ordinance: (m13840) AN ORDINANCE to amend and reordain Section s94, *Sewer Maintenance;* and Section si41. *Sewer and Orain Construction,* of the 1959 Appropriation Ordi- nance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boor 23, Page 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. Covnell, Dillard, PicRett. Rabbet, and the President, Mr. Rheeler ............ NAYS: None ...................Oo (Mr. Young abseut) BUDGET-PURCHASE OF PROPERTY: Yhe City Manager reported that the Purchase of Property Under Tax Sales account of the 1959 budget Is insufficient to pay for two pieces of property purchased by the City of Roanoke under tax sales, which vms pieces of property are presently being used by the city, and requested an appropriation of $500.00 to that account. Mr. Dillard moved to concur in the request of the City Manager and offered the following emergency Ordinance: (m13541) AN ORDINANCE to amend and reordain Section g153, "Property Purchased Under Tax Sales,* of the 1959 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Boor No. 23. Page 421.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: '.98 AYESz Council members Anderson. Coraell. Dillard. Pickett. Webber. and the President, Mr. Mbeeler NAYS: None .......................~ .... O. (Mr. Y,ua9 absent) INSURANCE: C~uucil et its meeting of September 8. 1952. having referred to the City Manager for study and recommendation an offer of the Nstlonmid~ Insurance Company to mrite the city*s entire insurance requirements, and at the same time having directed the CJ~y Manager to have a member of the Insurance Advisory Committee present when he submits his report, the City Manager repo~ted that he has heretofore continued the city's blanket and specific schedule of insurance coverage in compliance mith the pr,visions of Title fl. Chapter 1. Section 2. of The Code of the City of R,un,kc. 1936. that a similar offer mas made by the Nationwide Insurance Company in 1956. at which time Council directed continuance of the city*s program under which the insurance needs of the city are written through approximately'forty-five independent agents under the supervision of a committee of insurance agents, that he believes the existing plan has proven entirely satisfactory, stating that the committee has done an effective job keeping rates to a minimum and protecting the cityts interests, the City Manager therefore recommending no change. Mr. Anderson. calling attention to the fact that no representative of the insurance Advisory Committee is present, moved to table the matter until the next regular meeting of Council and to direct the City Manager to have present a member Of said committee at that time. The motion was seconded by Dr. Covnell and adopted. BUDGET-SEWERS: The City Manager reported that there are five residences on Oakwood Drive. S. ~.. presently being served 'by a septic tank mw located on public *r,perry. which tank is unsatisfactory and a menace to health, that he has received bids for construction of a sewer line of approximately 1250 fe~t in length to serve these residences as well as one other residence at a cost of' $4.D00.O0. go0 feet of which sewer line will run through private property, a )oriSon of which property will not be served by the sewer line. ~hat the owners of the private property through mhich'the s~wer line will extend have agreed to donate to the city the necessary easements for the sewer line. and that the property owners on Oakwood Drive. $. N.. who will be served by the sewer have agreed to pay to the city $300.00 each or a total of $1.DO0.O0 toward the cost of the con- struction thereof leaving a net cost to the city Of $3.000.00. the City Manager ),Sating out that should the owners of the*undeveloped proper~y through which the sewer will run want to connect to the sewer line in the future, they will be charged the normal fees therefor, thus offsetting a portion of the remaining ~3.000.00. and stating that his authority for such extension is limited by the City Code to the construction of 300 feet of such line. 9n the basis of the property owners paying fifty per cent of the cost thereof, the City Manager 'recommending that Council authorize construction of the proposed sewer line and appropriate the necessary funds covering the cost of construction. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following Resolution: Mrs. Pickett then offered the following emergency Ordinance appropriating the necessary funds: (~IaHSR) AH ORDINANCE to umend and reordain Section si41, "Sewer and Drain Construction," of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 23. Page 42R) 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, #ebber, and the President, Mr. Mheeler ............ NAYS: None ...................O. (Mr. Young absent) AIRPORT: Council at its meeting of September 14, 1959, havin9 tabled until its next regular meeting Ordinance No, 13825, authorizing an amendment to the lease of May O, 1959, between the City of Roanoke and Eugene B, and Blllle B, Bass, at which time the body instructed the City Manager to contact the county health department concerning complaints of nearby residents of unsatisfactory sewage disposal facilities at the trailer camp. conducted by Mr. Bass on this property, and submit his report thereon, the City Manager reported that Dr, C, P, Pope, Director of the Roanoke County Health Department, and Dr. Rargaret M. Olendy, Commissioner of Health of the City of Roanoke, have examined the trailer site and reported that the sewage disposal system is adequate and there are no menaces to health at the site, the City M~nager therefore recommending that Council proceed to adopt the Ordinance. The City Clerk then reported that mhile the original request of'Mr. Bass for an amendment of his lease had stated that such request was made because a portion of the area occupied by his trailer park would be taken by the Department of Highways for the widening of Virginia State Route No, 117, it subsequently has developed that the request is for the purpose of extending the trailer path, and stated that if Route No. 117 is widened a further request will be made to extend the park further to the rear by the same acreage taken by the Highway Department for highway widening. Mr. Anderson moved to concur in the recommendation of the City Manager and offered the following for its second reading and final adoption: 100 (e13525) AN ORDINANCE authorizing an zmendment to the lease of Mil IgSB, between the City of Roanoke 'and Eugene B, end Billie B, Dass, by increasing the amount of real estate leased. (For full text of Ordinance. se~ Ordinance Rook No. 23, page 419.) Mr. Auderson moved the adoption of the Ordinance. The motion was seconded by the following vote: AYES: Council members Anderson, Cornell, Pickett, Yebber, and th~ President Mr. ~heeler ........................... S. NAYS: Mr. Dillard ............1. (Mr. Young absent) JOB CLASSIFICATION: The City Manager submitted his report on the adequacy and status of the city*s Wage and Salary Plan as contained in Ordinance No. 13260 and as provided for in said Ordinance, and advised Council that since he has been unable to furnish copies of the report to each member he recommends that the body table the matter for further consideration during which time copies will be furnishe, to each member of Council. Mr. Mebber moved to'table the report for consideration along with the 1960 budget and to direct the City' Clerk to furnish each member of Council copies of the City Manager's report. The motion was seconded by Mr. Anderson 5nd adopted. COAL AND FUEL DEALERS: The City Manager reported that the Purchasing Agent has heretofore received bids for the city*s annual requirements of three grades of fuel oil. the bid of Sinclair Refining Company for Nos. I and 2 Fuel Oil and the bid of Fuel Oil and Equipment Company ;oF No. 6 Fuel Oil being low. and recommended that Council accept the low bids. Dr. Cornell moved to concur in the recommendation of the City Manager and *ffered the following Resolution: (~13843) A RESOLUTION accepting the proposal of Sinclair Refining Company ;or supplying the City*s requirements for Nos. I and 2 fuel oil for the lgSg-lg60 season. (For full text of Resolution. see Resolution Book No. 23, Page 422.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following rote: AYES: Council members Anderson. Cornell, Dillard, Pickett. Webber, and the President, Mr. Wheeler ................ NAYS~ None ...................O. (Mr. Young absent) Mrs. Pickett then offered the following Resolution: (u13844) A RESOLUYION accepting the proposal of Fuel Oil and Equipment Company, Incorporated. for supplying the City's No. 6 Fuel oil requirements for the 1959-1960 season. (For full text of Resolution, see Resolution Book No. 23, Page 423.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Hr. Anderson ~nd adopted by the following vote: 101 AYES= Council members Anderson, Cornello Dillard, Pickett, Mehber, and the President, Mr. Mheeler ................ NAYS: None ...................O. (Mr. Young absent) BUDGET-ANNEXATION: The City Manager.submitted bills from Moodrum and Gregory, Attorneys, and Wiley and Vilsoe, Consulting Engineers, in connection with the annexation proceedings, in the aaounts of $291,37, and $S,242,44, respectively, and requested that Council appropriate funds for the payment of these accounts. Mr. Mebber moved to concur in the request of the City Manager and offered the following emergency Ordinance: (#13845) AN ORDINANCE to amend and reordain Section =155, 'Annexation,' of the 19S9 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boot No. 23. Page 423.) Mr. ~ebber 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. Mebber, and the President. Mr. Mheeler NAYS: None ...................O. (Mr. Young absent) SOUTHEAST CIVIC LEACUE-SEMAGE DISPOSAL: Council at its meeting of August 24, 1959, having referred to the City Manager for study and recommendation a complaint from the Southeast Civic League concerning odor emanating from sewage sludge during the summer months and its recommendation that the sale and use thereof be prohibited from April I to September 30 of each year, the City Manager reported that after studying the matter and conferrin9 with Alvord, BurdJck and HoNson. he has concluded that to prohibit the sale of sludge during the summer months would result in the creation of offensive odors because of the inability to stere great quantities and properly dry the sludge at the same time, and in addition create a tremendous storage problem, he therefore recommending no change in the method o~ handling of the sludge. Mrs. Pickett moved to concur in the recommendation of the City Manager. Yhe motion mas seconded by Mr. ~ebber and adopted. BUDGET-REFUNDS AND REBATES: The City Manager requested an appropriation of $250.00 to Fines in the Refunds and Rebates account of the 1959 budget, advis- ing that there are insufficient funds in this account for the remainder of the year~ Mr. Anderson moved to concur in the request of the City Manager and offered the following emergency Ordinance; (=13846) AN ORDINANCE to amend and reordain Section =154. *Refunds and Rebates** of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text lof Ordinance, see Ordinance BOOt NO. 23. Page 424.) Mr. Anderson moved the adoption of the Ordinance. The motion mas seconded by Dr. Cornell and adopted by the following vote: 'I02' AYES; Council members Anderson. Coraello Dillard, Pickett, Webber, and the President, Mr. Wheeler ............. 6. NAYS~ None .................... O, (Hr, Young absent) BUDGET-JUVENILE DETENTION HOME: The City Wonsgerreported that the firm of Fronts and Addklson Architects for the Juvenile Detention Home, have completed the preliminary plans which hare been approved by the Budget Bureau of the Common- mealth of Virginia. and requested an appropriation of $1,200.00 to pay the cost thereof, advising that such funds will be included In the overall cost of the proJec* portion of which will be refunded by the Commonwealth of Virginia. Dr. Cornell moved to concur in the request of the City Manager and offered the following emergency Ordinance: (m13047) AN ORDINANCE to amend and reordain Section m142, #Vransfer to Improvement Fume,w of the lqSg AppropFiation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 23, Page 424.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: AVES: Council members Anderson, Cornell. Dillard. Pickett. Nehber, and the President, Mr. ~heeler ................. 6. NAYS: None ....................O. (Mr. Young absent) STREET LIGHTS: The City Manager recommended that Council authorize the installation of a number of street lights at various locations in the City of Roanoke. Mr. Anderson moved to concur in the recommendation of the City Manager and offered the following Resolution: (gI3B4B) 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. 23, Page 425.) Mr. Anderson 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. Webber. and the President, Mr. Wheeler ............. 6. NAYS; None ....................O. (Mr. Young absent) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: BONDS-SCHOOLS: Council at its meeting of September B, 1959, having directed the City Auditor to study the question of the sale of bonds as recommended by the School Board and submit his recommendation to Council as to the time the sale Of such bonds should be made. and also having directed the City Attorney 'to prepare a Resolution, based upon the report of the Auditor. providing for the sale of the bonds, the City Auditor reported that, based upon his study of the bond market and his consultation mlth persons in the bond and banking fields, he 103 recommends that the~clty sell $3,000,000.00 of school hoods on ~ serial basis of $100,000.00 each year for thirty years, such sale to be made on October 28, 1959, the bonds to be dated December 1, 1959, for delivery on that dste or as soon thereafter as possible. The City Attorney then presented a Resolution which he had prepared pro- viding for the sale of the bonds. Mr. Yebber moved to table the matter until the next regular meeting 5f Council in order that the full membership might be present. The motion was seconded by Dr. Cornell and adopted. PENSIONS: The report of the Employees Retirement System, Board of Trustq recommending the establishment of a pension of fifty per cent of the amount a member of the system mould draw for his surviving midow, which was laid over from the meeting Of Council on September 14. 1959, was again before the body. Mr. #ebber moved to table the matter until the next regular meeting of Council in order that all members might be present for its consideration. The motion was seconded by Dr. Cornell and adopted. STREETS AND ALLEYS: The City Clerk presented a communication from Hunter and Fox, Attorneys, withdrawing the request Of their clients, Dr. and Mrs. C. i!Davls, Jr., cad Mr. David T. Mahan, that an alley which runs from Relrose Avenue in a northerly direction along Lots I and 2, Forest Park Map,.be vacated, discon- tinued and closed, which request Council at its meeting of July 27, 1959, referred to the City Planning Commission for study and recommendation, the Attorneys asking that the matter be dismissed from the agenda without prejudice. Dr. Cornell moved to concur in the request, The motion was seconded by Mr, Anderson and adopted. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Council at its meeting of September 14, 1959, having directed the preparation of an Ordinance providing for certain improvements to the intersection of Franklin Road and Maple Avenue, S. W., Mr. Nebber offered the following Ordinance: (g13649) AN ORDINANCE authorizing certain traffic installations and alterations in and near the intersection of Franklin Road and Maple Avenue, S. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, Page 426.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mrs. Pichett and adopted by the following vote: AYES: Council members Anderson, Cornell, Pickett, Webber, and the President Mr. Nheeler ............................ 5. NAYS: Mr. Dillard ............ 1. (Mr. Young absent) Mr. Webber then offered the following emergency Ordinance appropriating the necessary funds: ':104 (813850) AN ORDINANCE to amend· n n d : veordain Section ual,"Street Repair,# and Section 1144. "Departmental Equipment and Improvements,# of the 1959 Appropriation Ordinance. nnd providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 23. Page 42%) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by MFS. Pickett and adopted by the folloming vote: AYES: Council meubers Anderson, Cornell, Pickett, Webber. and the President, #r. Wheeler ................ NAYS: Mr. Dillard ............. 1. (Mr. Young absent) WATER DEPARTMENT: Council at its meetin9 of September 14, 1959, having directed the preparation of a Resolution maiving certain rules of the Water Department and granting permission to Mr. Albert A. Dunbar to construct a Mater service across private property to serve his property on Lela Avenue, Mr. Webber offered the folloming Resolution: (=13551) A RESOLUTION authorizing the Water Department to install a mater connection to serve the real estate of Albert A. Dunbar, being Lots and 78. Block 4, Palmer Park, in Roanoke County. (For full text of Resolution, see Resolution Book No. 23, Page 427.) Mr. Webber moved the adoption of the Resolution. The motion Mas seconded by Hr. Anderson and adopted by the follouing vote: AYES: Council members Anderson, Corflell, Dillard, Pickett. Webber, and the President, Mr. Wheeler ............. NAYS: None ....................O. (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: HOUSING-BUILDING DEPARTMENT: The question of appointing a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term Of four years ending August 31, 1963, having been laid over from the previous meeting of Council. and the City Clerk having reported that the term of Mr. David Dick as a member of the Board of Appeal, Building Code. will expire September 30. 1959. both matters Mere tabled until the next regular meeting of the body in order that.all members might be present for.consideration thereof. FIRE DEPARTMENT-POLICE DEPARTMENT: Dr. Cornell stated that during the past two weeks members of the Fire Department have been used for painting at Victory Stadium, resulting in at least seventeen men being absent from fire stations at one time and probably over one hundred men, all told, being used for such work during the period of the painting operation, and tmo or more fire houses being completely closed at times, and advised that during the period of the painting operation on Wednesday. September 16. 1959. four companies mere out answering fire calls simultaneously while other stations mere denuded, thereby resulting in inadequate fire protection for the city. Dr. Cornell further advising that in painting at the stadium high test gasoline has been used as a thinning agent for the paint mhich is improper and that the paint used was traffic paint purchased for marking of the city streets, he therefore moving to direct the City Attorney to prepare an Ordinance prohibiting use of police and fire personnel for any work 105 except that pertaining to their regular departmental duties. Mr. Dillard'seconded the motion, stating that the Fire Department is set up by the City Charter which is an Act of the General Assembly of Virginia. that Council has supplied men and equipment to implement the State lam. and that the City Manager has:no authority to use personnel of the Police or Fire Departments except in their ~egalsr d~ties. After considerable discussion 6f the matter, during which;Mr. MebbeF point out that Section 13 of the City Charter places the management of the Fire Depart- ment directly under the City Manager. and during which it appeared'to be the concensus of the members of Council that the matter*is ut administrative one. the motion of Dr. Cornell was lost by the following rote: AYES: Council members Corn,Il and Dillard .....................2. NAYS: Council members Anderson. Pickett. Mebber. and the President. Mr. Mheeler .............. ~ ............................................. 4. (Mr. Young absent) Mr. Anderson stated that in view of the statement made. he believes it proper that the City Manager should be entitled to answer it, and moved to direct the City Manager to investigate the use of firemen for painting at the Municipal Stadium. the use of high test gasoline as a thinning agent for the paint, as well as the use of traffic paint for painting under the stadium, and~to submit his report thereon to Council. The motion was seconded by Dr. Cornell and adopted. There being no further business. Council adjourned. APPROVED 106 ,COUNCIL, REGULAR #EETING. Rondny, October 5. 1959. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the #unicipal Rullding, Hondny. October S, ~gSq. at 2~00 p. m** the regular meeting hour, uJth the President. Mro Hhe~ler, presiding. PRES£NT~ Council members Anderson, Cornell, Dillard, Pichett, Hebber, Young. and the President. Hr. Wheeler ............. T. ABSENT: None .............................O. OFFICERS PRESENT~ Wr. Arthur S. Owens. City Hanager, Hr. Randolph O. Whittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk, INVOCATIONs The meeting was opened ulth a prayer by the Reverend James D.Hhite. Pastor, Associate Reformed Presbyterian Church. HEARING OF CITIZENS UPON PUBLIC HATTERS: STREETS Ah~ ALLEYS: A public hearing having been set for 2:00 o'clock, p. m.. October 5, lg5g, in the Council Chsmber, on the request of the Wllmont Realty Corporation, et al.. that Alva Avenue. N, #.. extending mestward from Thirty-sixth Street to Stevens Road; Stevens Road, N, M** extending northward from Shenandoah Avenue; and a Farm Road, extending in an east-west direction at the northern end of Stevens Road, be vacated, discontinued and closed, and notice of the hearing having been published in The Roanoke World-News on September 18, 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. A. T. Loyd, Attorney for the petitioners, appeared before Council and stated that, as reported by the City Planning Commission, the purpose of closing these public ways, which have never actually been opened, is to provide for a more advantageous development of a subdivision Of the property in which new streets will be provided that sill better serve the area, Mr. Loyd asking that Council concur in the recommendation of the City Planning Commission that the request be granted. Rrso Pickett moved that Council concur in the recommendation of the City Planning Commission and that the follouin9 Ordinance be placed upon its first reading: (#13853) AN ORDINANCE consenting to the permanent vacating, discontinuing and closing of the entire of two (2) certain unnamed 30-foot mide roads and of a certain #farm road* as shown on the Map of Oak View Heights. recorded in Plat Book 1, page R76. in the Clerk*s Office of the Circuit Court for the County of Roanoke, Virginia, all of which are presently located in the City of Roanohe, '. Virginia. WHEREAS, Alva K. Peters and Helen C. Peters, his wife, Dorothy Peters Whittington and CJcerio E. Whittington. her husband, J. E. Hodges and Margaret N. Hodges. his wife, and Wilmont Realty Corporation have presented to Council a 107 writteu instrument, deted August 21. 19S9, sigeed amd acknowledged in eccordance with the provisions of Section 15-766.1 of the Code of Virginia of 1950. which instrument recites that meld parties are the sole abutting property owners on both sides of the hereinafter described streets and road. end that said ameers desire to permanently vacate, discontinue and close the seme; and WREREAS, under the provisions of Section 15-766.1 of the Code of Virginia, 19S0o said streets end roed may be permanently vacated by the filing or record of said mritten instrument, provided Jt has been approved by the governing body of the City of Roanoke; and WHEREAS, the City Planning Commission to whom the matter mas referred by the Council. and upon a hearing of the same held on the 2nd day of September, 1959. at which hearing there mas no objection to the vacating of said streets and road, has recommended to the Council for the City of Roanoke. Virginia, that it consent to the permanent vacating, d~scontinoaace and closing Of the streets and road hereinafter described; and WHEREAS. the Council did on the 5th day Of October. 1959. at 2 o'clock, ?. W.. in the Council Chamber. after due publication thereof, hold a public hearing on the request of the aforesaid owners for the closing of said streets and road. at which hearin9 all parties ia interest and citizens were afforded an Opportunity to be heard on the question; and WHEREAS. it further appears to the Council that the aforesaid abutting owners have agreed to hear the costs of the proceedings; and WHEREAS, Council is of the opinion that the rights or privileges of no other owners or of the general public will be abridged or destroyed by the vacat- ing of said streets and road. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council officially expresses its approval of the permanent vacating, discon- tinuance and closing of the two (2) unnamed streets and road more particularly described as follows, to-wit: 1st A 30-foot wide road located approximately 340 feet North of the Road from Roanoke to Salem (now Shenandoah Avenue, N. R.) extendin9 Westward from a 20-foot road (now known as 3hth Street. N, approximately 1635 feet to another 30-foot road shown on the hereinafter mentioned map as extendin9 North- ward from present Shenandoah Avenue, N. N., to a farm road, which first mentioned 30-foot mide road is now designated on a city planning map as Alva Street; 2nd A certain 30-foot wide road shomn at the Restern limit of the Wap of Oak View Beights, extending approximately 930 feet Northward from the present Shenandoah Avenue, No W., to what is shown on the aforesaid map as a Farm Road. the first mentioned road sometimes bein9 called Stevens Road; and 3rd A certain road located at the Northmest corner of the aforesaid Hap of Oak View Heights, designated thereon us Farm Road: All of mhich property and roads are presently located in the City of Roanoke. Virginia, and are shown on the Map of Oak View Heights, of record in Plat Book 1, page 276, in the Clerk's Office of the Circuit Court for Roanoke County, Virginia. BE IT FURTHER ORDAINED that the City Engineer be. and he Is hereby, directed to mark *Permanently Vacated~ the aforesaid three (3) streets or roads On nil maps or plats on file in the Office of the Engineer of theCity of Roanoke on which maps or plats said streets and road are shown, referring to the book and page number of the ordinances and resolutions of the Council of the City of Roanoke. wherein this ordinance is being 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, wherein the aforesaid instrument signed by the abutting property owners is filed for record. BE IT FURTHER ORDAINED that the Clerk of this Council be, and he is hereby, directed to deliver to the Clerk of the Hustings Court for the City of Roanohe, Virginia. and to the Clerk of the Circuit Court for the County of Roanoke, Virginia. an attested copy of this ordinance in order that the said Clerks may make proper notations on all maps and plats recorded In their respec- tive offices upon uhJch said streets and roads are shown, and that the said Clerk of this Council be. and he is hereby directed to furnish Alva K. Peters, Dorothy Peters Whittington, J. E. Hodges and Wilmont Realty Corporation a certified copy of this ordinance to be attached to the aforesaid written instrument for filing for record in the aforesaid Clerk*s offices. 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 ........... 7. NAYS: None .............................O· PETITIONS AND COMMUNICATIONS: SEWERS-STORM DRAINS: The City Clerk presented a communication from Mr. Tom Stockton Fox, Attorney for the Skyway Development Corporation. requesting that the city providelsanitary sewer and storm drain facilities to serve a tract of land located on the northwest corner of Rershberger Road and Airport Road. in Roanoke County. adjacent to the city. on which the corporation holds purchase rights, in accordance with certain plans which have been prepared by the Depart- meat of Public W~rks, and offering to pay the city $35,000.00. conditioned upon the completion of the projects by the time the facilities are needed for proposed developments on the property. Mr. Young moved to refer the request to a committee composed of Messrs. Roy L. Webber. Chairman, Ralter L. Young, Arthur S. Owens and Randolph G. Whittle for study and recommendation. The motion was seconded by Mr. Anderson and adopted WATER DEPARTMENT: The City Clerk presented a communication from Mr. Richard T. Edwards, Attorney for residents of the Chapel Forest Subdivision. requesting that Ordinance No. 127S0. adopted May 28. 1956, be repealed, thereby providing residents of the Chapel Forest Subdivision the same water rates as are enjoyed by other residents of the city. Mr. Edwards explaining that the Ordinance created a surcharge on water pumped four times which applies only to his clients. Mr. Webber moved to refer the request to the City Manager for study and recommendation. Zhe motion sas seconded by Dr. Cornell and adopted· 109 POLICE DEPART#ENT-CIT! JAILs The City Clerk presented communications from the State Depertmeetof Welfare and Institutions, transmitting reports of inspections of the police lockup and city Jail performed by that department on September 16, 1959. Mrs. Pickett moved to file the reports, The motion was seconded by Mr. Anderson and adopted, POLICE DEPARTMENT-FIRE DEPARTMENT~ The City Clerk presented a communica- tion from the Citizens Protective Association, advising that a study made by it of the negro residential section or the city showed that there is a serious juvenile and adult delinquency problem in that section mhicb indicates need of additional police protection, and requesting that, in order to cope uith the crime wave. Council authorize an increase in the number of negro police officers on the force from four to twelve se that negro policemen might patrol the negro section twenty=four hours per day, the Association stating that for several years it has requested that negroes be employed to mae fire stations, and renewlog its request. Dr. L. E. Paxton, Chairman of the Citizens Protective Association, appeared in support of the request. Mr. Nebber moved to refer the matter to the City Manager for study and recommendation, his report to be submitted along with his proposed 1960 budget. The motion was seconded by Mr. Dillard and adopted. REPORTS OF OFFICERS: FIRE DEPARTMENT-POLICE DEPARTMENT: Council at its meeting Of September 29, 1959. having directed the City Manager to investigate the use Of firemen for painting at the Municipal Stadium. the use of high test gasoline as a thinning agent for the paint, and the use Of traffic paint for said painting, the City Manager submitted his report, transmitting reports Of the City Engineer and the Chief Of the Fire Department and advising that he concurs in both said reports. The City Engineer*s report stated that on September 14, 1959, in con- sultation with the Superintendent of Buildings and Bridges, it became apparent that due to the work load Of that department and the numerous repairs needed at Victory Stadium to get it in shape for the Industrial Exposition which opened on September 30, it would be necessary that help be provided for painting under the east stand, advising that in a conference on September 15, the Chief of the Fire Department, in a spirit of cooperation, agreed to lend assistance in the painting under the east stand of the Stadium and subsequently furnished a total of 3?6 man hours in that work, thus completing it on September 25. that the paint used in painting underneath the east stand of the Stadium was traffic paint which Mas purchased during 1957 and 1959 and had proved to be of such slom drying quality that it could not he used except in extremely hot weather without tying up traffic on the street~, consequently, a large portion of the paint Mas still On hand and beginning to age, therefore, the use thereof for painting under the Stadium Mas .considered economical since it had cost $2.09 per gallon, whereas, to have pur- chased regular masonry paint the city would have had to pay $4.20 per gallon, that ~-218 Council should investigate the matter as the governing body of the city. Hr. Young stated that the allegations presented to Council by Dr. Covnell are, to him, definitely of a criminal nature and should be investigated by the law enforcement agencies of the city, and in view of the affidavit of Mr. George Raymond Ayers, presented by DF, Cornell at the meeting, uhich was not available to the Commonwealth's Attorney during his investigation, moved to instruct the Mayor to call upon the Judge of the Hustings Court and request that he appoint a special grand jury to investigate these matters. The motion was seconded by ~ebber and adopted. Dr, Cornell then stated that he will personally turn over to the grand Jury all information in his possession concerning the Juvenile Detention Home. CONSIDERATION OF CLAIMS: NONE. IN'fRODUCTION AND CONSIDERATION OF ORDINANCES ANB RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: UOUSING AND SLUM CLEARANCE: Mrs. Cordelia S. ~illiams, a resident of the Commonwealth Redevelopment Project area, appeared before Council and stated that those citizens who have homes in the Project area have been under a strain for a of uhether or not they will be permitted to lire in their homes, and requested reqnesting that the City of Roanoke consider the position of these citizens and use every sympathetic means possible in considering their plight and give every Redevelopment and Housing Authority presents its report on replanning the Project, there will be a public hearing on the matter, at which the citizens can be heard. Mr. Webber moved to receive and file the Resolution of Dunbar Post No. 1444, ELECTXON OF OFFICERS: The City Clerk reported that all of the members of Council at its =eeting of December 7, 1959, are eligible for reappoiatment with the exception of Mr. ~illiam W. McCathern who has moved to the county. The Mayor then called for nominations to fill the vacancies. only approximately 60 gallons were used, that the use or gasoline for thinner mas besedupon · recoameodntion Of n factory representative or n paint manufacturer . during discussions concerning*the slow-drying qualities or the paint, that the use of gasoline ns a thinner mas not considered unduly dangerous since only small quantities were used and since the entire are· under the east ntuod mbere the paint was used is open ulth free air circulation. The report of the Chief cf the Fire Department stated that arrangements for use of firemen In pointing under theeast stand of the Stadium mere the some as those explained in the City £ngineev's letter, that prior to actually starting on the uorh he explained the matter to the City Manager mhd approved his action in offering help, that there mere fifty-four firemen on duty in the Fire Department who helped with the painting Job, the maximum number of meo on the Job at any one time being fourteen, and the minimum, slx, with a total of 376 man h0UFS, averag- ing seven hours per man, that no one man was required to work on the painting over seven hours, that the men who worked on the painting took their apparatus mith them, uhich apparatus remained In service on radio at all times while the men were painting, that normal shifts in fife companies weFe made in order to give uniform protection to all districts in the city, the Fire Chief further stating that he had no reason to believe that the National Doard of Fire Underwriters would question this movement of fire companies any more than it would question the movement of the companies mhen they are drilling or being tested as required, for they were in service ready to answer any alarm, further, that he. Captain J. J. Falls and Captain M. H. Poindexter had checked the mixture of the paint used and found that it mas not any more inflammable than some other paints that are being sold on the market today, and that. the Stadium being veil ventilated, they did not feel any undue hazard to the firemen who applied the paint resulted from the use thereof. The City Manager then advised that City Engineer H. Cletus Droyles. Fire Chief J. ¥. Brown, and Superintendent of Buildings and Bridges H. H. Harvey are in the Council Chamber to answer any questions from Council. Dr. Cornell inquired of Mr. Broyles if he is in the habit of giving orders to other departments without consulting with the City Manager. to which Mr. Droyles replied that he had given no orders, but merely asked for help following a policy of the City Manager that all departments should cooperate with each other when one is in need of help, and. in answer tofurtber questions, advised that help was asked of the Fire Department for the reason that there are a number of qualified painters in the department that are not available in other departments to his knowledge. In answer to a question from Dr. Cornell, Mr. Harvey stated that he bad used gasoline in thinning Of the paint on the recommendation of the factory representative of a paint manufacturer as stated in the report of theory Engineer. Xn reply ~o questions from DF. Covnell, Chief Brown reiterated the statement in his report concerning the number of men and the men hours used, advising that the maximum lamber o! men was used on September 16 and September 17, on both of mhich dsys ladder company No. 2 smd engine companies Nos. 8 and 9 were at Victory Stadium with their apparatus, further stating that twelve members of the Fire Department has volunteered forthis worh daring orr time, five of mhom were used, Dr, Cornell then stated that he has knowledge which indicates that fire- men are being used to fill private smlmmlng pools, wash private, parking lots, water lawns, paint flag poles, erect television antennas, end also to catch pigeons. The Fire Chief stated that firemen have occasionally done these things, where, insofar as he knew, private facilities were not available and that he con- slders it good public relations to cooperate with citizens in need. Mr. W. L. Ni.chols of 137 No~le Avenue. N. E., .appeared before Council and read a prepared statement offering a formal complaint against the use of firemen for other than fire fighting activities and maintenance of fire department build- ings and equipme~t, stating that in his opinion, if extra curricular activities can be performed by firemen, then there are too many firemen on the city payroll and the number should be reduced, that if this be not the case, then fire and police personnel should nat be used faf other than public safety activities. After considerable discussion. Mr. Mebber moved to table the matter for further consideration. The motion was seconded by Mr. Dillard and adopted. BUDGET-CITY SERGEANT: The City Manager reported that funds appropriated for automobile expense in the City Sergeant account of the 195g budget are exhausted and requested an appropriation of $1.250.00 for that account to provide for necessary expenses during the remainder of the year. Mrs. Pickett moved to concur in the reqnest of the CjiI Manager and offered the followin9 emergency Ordinance: (~13854) AN ORDINANCE to amend and reordain SeaSon #27, "Sergeant," of the 1959 Appropriation Ordinance, and providing for an emergency. NHEREAS, for the usual daily operation of the Municipal 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 ~tion ~27, 'Sergeant," of the 1959 Appropriation Ordinance, be, and the same is hereby, amended and r,ordained to read as follows, in part: SERGEANT u27 Automobile Expenses (2) .................................. $ 6.750.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. .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 ................... 7. NAYS: None ............................. BUDGET-PARKS AND PLAYGROUNDS-RECREATION DEPARTMENt: The City Manager, in compliance with a directive Of Council at its meeting of September 29, 1959, reported .Ill ,112 that he bas investigated-the coepleint of the Rllliaeson Road Recreation Club concerning the establis~eeatof,a football field in the #lllieesoa Road area. that n priotlce roD;bOil field had been put in Fleeing,Park instead of Preston Park as was intended; mhich,errov has been corrected and a practice field is mom available in PrestonPark, that this practice field is not suitable for.sandlot competition play,and tbotln order to provide u proper field on ahlch competition play can be~comducted It will require the expenditure of $2,620,00 mhich is not available in the 1959 budget. Representatives of the Williamson Road Recreation Club again appeared before Council and stated that any location in the area where a football field could be placed by the city is suitable as long as it is done immediately, After considerable discussion, Mr. Webber stated that he believes the football field should be placed ia Preston Park and offered the following emergency Ordinance appropriating $2,920.00 as requested by the City Manager: (~15§55) AN ORDINANCE to amend and reordain Section ~144, *Departmental Equipment and Improvements," of the 1q59 Appropriation Ordinance, and providing for an emergency. MHRREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency 4s declared to exist. THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that Section ~144, *Departmental Equipment and Improveeents,' of the 1959 Appropriation Ordinance, be. and the same is hereby, amended and reordained to read as follows, in part: DEPARYMENTAL EQUIPMENT AND IRPROVEMENTS #144 (1) ............. $476,261.01 (1) Parks and Football Field - $2,820.00 Recreational Williamson Road Areas - 111 Area BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Hr. Webber moved the adoption of the Ordinance. The motionwas seconded by Mr. Dillard and adopted by the following vote: AYRS: Council~members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler .................. NAYS: None .............................O. , REPORTS:,.TheGity.Manager .submitted.a report of the Department of Public Welfare for the month of August, 1959, and reported other departmental reports on file in his office. Mr. Young moved to file the report. The motion was seconded by Mr. Anderson and adopted. REPORTS OF COMMITTEES: · AIRPORT: Council at its meeting of August 24, 1959, having referred to a committee composed of Messrs. Roy L. Webber. Chairman, Harry R. Ye;es and Arthur 5. O~ens for study and recommendation plans submitted by the City Manager for Airport Project No. q-44-012-10 covering completion of the extension of Runway 5-23 et the Roanoke Municipal Airport, the committee submitted its report, advis- ing that it has carefully studied the plans and proposals esoutlined for the proJect, that the work under the project will ~cbably have to be accomplished over two budget years due to the overlapping of federal and state fiscal years ulth that of the city. end recommending that steps be initiated to authorize the project on that basis. Mr. Anderson moved to concur in the report of the committee end to direct the City Attorney to prepare the necessary Resolution authorizing the project. The motion was seconded by MFS. Pickett and adopted. UNFINISHED BUSINESS: EHAMBER OF COMMERCE-CITY PLANNXNO EOMMXSSION: Uouncil at its meeting of September 20, 1959, having directed that the City Attorney render the body an opinion advising mhether it cmn legally change the City Planning Ordinance to provide for appointment of members of the Uity Planning Uommission by Council, the City Attorney ~bmitted his opinion, pointing out that the power of munic- ipalities with reference to City Planning Commissions is contained in Article Chapter 25, of the Code of Virginia, and that such law does not give the Council of a municipality authority to appoint members of the Planning Commission, but that in his opinion Council may provide, by Ordinance, for appointment of members of the Commission in the future by the Mayor. further stating that he feels con- fident that if Council desires authority to appoint the members of the Commission, the representatives of the City of Roanoke in the General Assembly mill be pleased to have the general law amended granting such authority. Mr. Dillard moved to table the opinion of the City Attorney for further consideration, and to direct him to advise Council ~ the procedures under mhich charter amendments may be secured in compliance with recently enacted legislation of the General Assembly. The motion was seconded by Mr. Anderson and adopted. LICENSES-REFUNDS AND REBATES: Council at its meeting of September 19Sg, having referred to the City Attorney for study and recommendation a request of Mrs. Helen E. Yurnakes that a city license tax levied for the year 1950 on the basis of the 1957 gross business against the Manhattan Restaurant. which restan- ran~ was destroyed by fire in April. 1950. he prorated for the period of the year during mhich said restaurant was operated, the City Attorney submitted his report in mhich he advised Council that the body is mithout legal authority to grant the request. Mr. Anderson moved to table the matter until the next regular meeting of Council. The notion was seconded by Mr. Young and adopted. INSURANCE: Council at its meeting of September 28, 1959, having tabled until its next regular meetin9 a report of the City Manager concerning the offer of the Nationwide Insurance Company to furnish the city*s insurance requirements, in which report he recommended no change in the present procedures, and having directed the City Manager to have present a member of the insurance Advisory Committee, the matter was again before the body. Mr. Robert No Patna!, u member of the clty'a Insurance Advisory Comwittee. appeared before Council and pointed out that prior to the establishment of the Advisory Committee in 1945. the city*s insurance requirements were purchased from the various agents in the city without benefit of expert supervision, thus resulting in approximately four hundred insurance policies that were in some instances inadequate and in other instances, overlapping, that with the appoint- meat of the Committee, whose membership is made up of three local independent agents, two representing stock companies and one representing mutual companies. the city bus gained a board of insurance experts to study the city°s insurance. make necessary engineering studies, provide evaluations on the city*s properties, and recommend to the City Manager adequate insurance programs to protect the city. Mr. Putnam stating that the members of the Advisory Committee are each paid $200.00 per year from commissions earned on the city's premiums and that the remainder of the commissions is split between the seventy-two member agencies with- in the city, that in his opinion and that of the Advisory Committee, the city is being provided with the'best insurance protection it could possibly get for the premium dollar, and that while his agency represents mutual insurance companies which could bid on the city*$ entire insurance requirements, thus resulting in a greater profit to his agency, neither he nor his associates recommends any change in the present policies. Messrs, Nicholas Munger and Paul S. Stamus. representing the Nationwide Insurance Company, again appeared before Council, pointing out that if they were permitted to write the entire insurance coverage for the city, an annual savings of approximately $3,600.00 could be effected. Mr. Putnam stated that such a savings could be effected, but that to return to the old system would eventually create chaos in the cityts insurance program such as existed before appointment of the Insurance Advisory Committee. and the city would lose the services of independent insurance experts offering impartial advice and recommendations which in his opinion would be detrimental to the cJty{s interest. The City Manager again recommended no change in tie present policy. Mr. Dillard moved to table the matter. The motion was seconded by Dr. Cornell and adopted. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BONDS-SCHOOLS: Council at its meeting of September 28, lqSq, having tabled until its next regular meeting consideration of a Resolution providing for the sale of $3.000.000.OO of school bonds, Rr. ¥oun9 offered the followin9 Resolution: (#13856) A RESOLUTION providing for the sale, execution, form, advertise- ment of sale. delivery and tax levy to pay $3,000.000 of the $8,000,000 of bonds authorized at an election held On the llth day Of March, 1956, to defray the cost d needed pernaoent public improvement, to-wit: acquisition Of sites for, construction of. completion of. additions to and improvements in public school buildings. i!5 (For full text of Resolution, see Resolution Book No. 23, Page No. 430.) Hr. Young 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, Hr. Rheeler ........ NAYS: None ...................O. PENSIONS: Council at its meeting of September 28, 1959, having tabled until its next regular meeting consideration of an Ordinance to amend and reordain the Employees* Retirement System lam ns contained In Title III. Chapter 1, of The Code of the City of Roanoke, 19S6. Hr. Robber offered the following emergency Ordinance: #AN ORDINANCE to amend and reordain Section 6. 'Early service retirement benefit*; subsections (7) (a). (O), (9)(b) and (9)(c) of Section 7. 'Seneflts*; and subsection (2) (d) of Section fl. *Hethod of financing* of Cha~ter 1. 'General Provisions* of Title III. 'Pensions and Retirement' of The Code of the City of Roanoke. and, further, adding a new subsection known as subsection (IT) to said Section 7. of the aforementioned chopter and title; and pro- viding for an emergency. WHEREAS. for the usual daily operation of the municipal govern- ment,an emergency is set forth and declared to exist. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke as follows: I. That Section 6. *Early service retirement benefit' of Chapter 1. 'General Provisions' 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: Sec. 6. Early service retirement benefit. Upon the written application of a member in service who has had twenty or more years of creditable service the member shall be retired by the board on an early service retirement allowance not less than thirty nor more than ninety days subsequent to the filing of such application, notwithstanding that during such period of notification he may have separated himself from service. The early service retirement allowance shall consist of either: (a) A deferred retirement allowance commencing upon the attainment of the minimum service retirement age and computed as a service retirement allowance on the basis of the member*s av~d~age final compensation and creditable service to the time of his early retirement; Or (b) A retirement allowance commencing immediately which shall be the actuarial equivalent of such deferred retirement allowance commencing at the minimum service retirement age. If a retired member who has elected to receive a deferred retirement allowance under this section dies before his retirement allowance becomes normally due, the only payment made shall be the ordinary death bene- fit as provided under section T. subsection (?)(a), of this chapter unless he leaves a widow entitled to a pension under the provisions of section T, subsection (17).. 2. That subsection (T)(a) of Section 7. *Benefits* of the last-mentioned chapter and title be, and said subsection Js hereby, amended and reordained so as to read and provide as follows: (a) l( he dges not leave a widow entitled to a pension under the provisions of subsection (17) of this sectionthis contributions together math such interest thereon, not less than one-hair of accamu= lnted regular interest, as the board shall allow; and 3. That subsection (8) of said Section 7. *Benefits' of the last-mentioned chapter and title be, and said subsection is hereby, auended and reordained so as to read and provide as folloes: (8) Accidental death benefit. If. upon the receipt of proofs, satisfactory to the board, of the death of a member in service indicating that such death mas the natural and proximate result of an accident, occurring while the member mas in the actual performance of duty, the board shall decide that death mas the result of nn ' accident in the actual performance of duty occurring at moue definite time and place, and not caused by mlllful negligence on the part of the meaber, there shall be paid in lieu of any benefit payable under the provisions o~ subsections ~7} and (i7} of this section: 4. That subsection (9)(b} of said Section 7. 'Benefits' of the last-mentioned chapter and title be. and said subsection is hereby, amended and reordained so as to read and provide as follows: (b} Upon the receipt of proofs, s~tlsfactory to the board, of the death of a retired member in receipt of a retirement allomance, provided he has not elected an optional allowance which has become effective, or there is no pension payable to his widow, there shall be paid to such person, if any, ns he shall have nomin- ated by written designation duly acknowledged and filed with the board, otherwise to his estate, any excess of his accumulated contributions at retirement over the sum of the retirement allowance payments received. 5. That subsection (9) (c) of said Section 7. *Benefits* of the last-mentioned chapter and title be, and said subsection is hereby, amended and reordained SO as to read and provide as follows: (c) Upon the receipt of proofs, satisfactory to the board, of the death of the last to die of a retired member and the person designated under an option if an optional allowance bas been elected and become effective, or upon the death of his widow if a widow*s pension is payable, there shall be paid to such person, if living. as the member shall have nominated by written designa- tion duly acknowledged and filed with the board, other- wise to the estate of the retired member, any excess of the members accumulated contributions at retirement or at death prior to retirement over the sum Of the retire- ment allowance payments received. 6. That said Section 7. *Benefits* of the last-mentioned chapter and title be, and said section is hereby, amended by adding a new subsection thereto, viz.: subsection *(17) Pensions to widows*. said new subsection to read and provide as follows: (17.._~) Pensions to widows. Upon the receipt .of proofs; satisfactory to the board, of the death of a male member in active service after the eomoletion of twenty or more years of creditable service or after the attainment of aqe sixty, or of the death of a retired male member who retired on or after the effective date of this ordinanceT a pension shall be payable to his widow provided she was his wife at least one year prior to his death and further provided that he had not made an optional election under subsection (13) of this section which is in full force. and effect. The amount of the pension shall be one-half of the pension t9 which the member was entitled or would have been entitled had he retired at the time of death under the provisions of paraqraph (b) of section 6 or under the provisions of subsections (i) and (2) of section 7t except that if the widow is younqer than the deceased member bT more than five years the amount of pension shall be the actuarial equivalent of the pension that wgu{d have been cavable to a widow five years younqer than the deceased. The pension to the widow shall cease at her remarriaqe and any excess of the member*s accumulated contributions at the time of retirement or deatht if prior to retirementt over the amount of pension p~yments received by her shall then be payable to her% 7. That subsection (2)(d) of Section 8. *Method of financing' of the last-mentioned chapter and title be. nad said subsection in hereby. amended and reo~dsihed so os to read and provide as folloms: (d} Imeedlately succeeding the first valuation, the accrued liability contribution rate shall be computed as the rate per cent of the total annual compensation of all members uhich is equivalent to four per cent of the amount of the total llablltles of the pension nc= cumulation account on account of nil members and bene- ficiaries in excess of tbe~nds in hand standing to the credit of the pension accumulation account, uhlch is not dischargeable by the aforesaid nornnl contributions made on account or members during the remainder of their active service. Such rate sbal! be revised 9n the basis of the actual valuation as Of the effective date of this ordinance as the rate required to liquidate the unfunded accrued liability as of that date by June 30.'1976, DE IT FtJRTBER ORDAINED that. an emergency existing, this ordinance shall be in full force and effect from its passage.~ Mr. Dillard moved to amend the Ordinance to establish a limit of $750.00 per quarter year in the amount a retired person could earn after retirement under the Employees' Retirement System and still draw his retirement allowance. There being no second, the notion was lost, Dr. Cornell then moved to table the Ordinance until the next regular meetin* of Council. The motion was seconded by Mr. Dillard and adopted, Messrs. Mebber and Young voting no. MOTIONS AND MISCELLANEOUS BUSINESS: HOUSING: the Mayor called for nominations for a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term of four years ending August 31. 1963. Dr. Cornell placed in nomination the name Of the Reverend A. L. James. Mr. #ebber moved to close the nominations. The motion was seconded by Mr. Young and adopted; whereupon, the Reverend A. L. James was elected a CommJssione~ of the City of Roanoke Redevelopment and Housing Authority for a term to expire August 31, 1963. by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ........ 7. NAYS: None ...................O. BUILDING DEPARTRENTI The Mayor called for nominations for a member of the Board of Appeal. Building Code, for a term of five years beginning October 10 1959. to fill the vacancy created by the expiration of the term of Mr. David Dick, Mr. Young placed in nomination the name of Mr. David Dick fir reelection, Dr. Cornell moved to close the nominatio ns. The motion was seconded by Mr. Anderson and adopted; whereupon, Br. David Dick was reelected a member of the Board of Appeal. Building Code, for a term Of five years beginning October 1. 1959, by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Mebber. Young. and the President, Mr. ~heeler ......... ?. NAYS: None .................... O. There being no further business, Council adjourned. APPROVED COUNCIL. REGULAR MEETING. Monday. October 12o 1959. The Council of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Mon~ayo October 12, 1959, at 2:00 o'clock, p. m** the regular meeting hour, with the President, Mr, Nheeler, presiding. pRESENT: Council members Anderson, Cornell, Dillard, Pickett, Rebber, Young. and the President. Mr. ~heeler ............. 7. ABSENT: None .............................O. OFFICERS PRESENT: Mr. Arthur S. Omens. City Manager. Mr. James N. KJncanon 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 Robert F. Beat*leo Pastor. Our Lady of Nazareth Roman Catholic Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. September 28, 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING-STREETS AND ALLEYS: A public hearing having been set for 2:00 ,*clock. p. m.. October 12. 1959. in the Council Chamber. on the request of the Esso Standard Oil Company. et al.. that their properties located o n both sides of Brandon Avenue. S. N.. at the west corporate limits, be fez, ned from General Residence District to Business District for a depth of 250 feet. and notice of the hearing having been published in The Roanoke ~orld-News on September lB. 1959. and the City Planning Commission having recommended that the request of the peti- tioners be 9rantedt the hearing was held at which Messrs. T. L. Plunker*. Jr.. and R. T. Edwards appeared as attorneys for the petitioners. Messrs. Plunkett and Edwards pointing out that the City Planning Commission has recommendedthe approval of the request of thepetitioners, that the petitioners have offered to convey to the city portions of their lands for the widening of Brandon Avenue and Edgewood Street and for the construction of a portion of Beverley Boulevard. that the pro- posed use of the properties is the erection of a filling station, a drug store and professional.building, an architect*s office, a home and garden shop and an interio! decorator*s shop. that the property owners concerned intend to leave substantial buffer strips between their properties and the homes in the vicinity, and that by reason of the establishment of these buffer zones on their landsand the types of businesses they propose to erect no harm will come toresidents in the area. Messrs. Plunker* and Edwards. therefore, requesting that Council concur in the recommendation of the City Planning Commission and grant the request of the petitioners. Also appearing in favor of the rezoning was Mr, M. Donald Dobbs, a real estate agent in the city, Appeeriog in oppositiuo to the request uere #essrs, Philip H. Elliott, a resident of Lynchburg, Virginia, MhD Duns the property at 2763 Derwent Drive, S, ~** ~. A, Frost, J, H, ~hittington, A, E, Kessler° J, G, Tapleyo J. R, Stamper, Charles H. Rohertsono Fraoh D. Horris, Jr,e N, G, Tinsley, M, G, Martin and Lloyd D. Abets, all residents of the area sear the properties for which rezonlng has been requested, along uith approximately ISO other residents of the sane area. the opponents advising Council that in their opinion any encroachment of business into the area would destroy Jt for residential purposes, that they bad bought theiF bones because the area was residential in nature and so zoned, that in their opinion they have a right to expect It to remain so zoned, that there Is ample business propeFty not now being used in business areas both in the 0randin road Business District and in the county imwediately across the corporate line, consequently, there is no need for additional business areas in the vicinity, that there are twelve filling stations within one and one-half miles of the property owned by the Esso Standard Oil Company on which it proposes to erect a filling station and they are of the opinion that no need exists for further businesses of this type. that owners of the property in question have previously requested the rezoning of same to a Business District on several occasions, and that in each instance Council denied their request, Mr. Whittington presenting to Council 125 post cards from residents of the area, indicating their opposition to any business rezoning In the community, Mr. James ~. Heizer, Executive-Secretary of the Cas Dealers Association, appeared before Council, opposing the rezoning of the property of the Esso Standard Oil Company for a filling station, Mr. Heizer stating that his arganizatiol believes there are too many filling stations in the community now, there being 157 service stations within the corporate limits with one out of every four going out of business each year, and presented a suggested Ordinance limiting the con- struction of filling stations in the city. Mr. Edwards presented petitions from thirty-eight persons who he said live in the ~neral area of the property sought to be rezoned, expressing no opposition to the proposed rezoning. Mr. Youn9 stated that he can see no change in conditions which differ from those in existence when the matter was previously before Council and moved to deny the request. The motion was seconded by Dr. Cornell and adopted. PETITIONS AND COMMUNICATIONS: ABDITS-DBNICIPAL CODRT: The City Clerk presented a report of the Auditor of Public Accounts of the Commonwealth of Virginia, covering ao audit of the Municipal Court for the calendar year lq58, ~hich report advised that a full accounting has been made for all receipts of record in the court and that the records of the court have been prepared Jfl very good order. Mr. Young moved to file the report. The motion was seconded by Mr. Anderson and adopted. "ii9 1.20 BUDGET-COMPENSATION BOARD: The City Clerh presented copies of budget requests of the Commonuealtb*s Attorney, the City Sergeant, the City Treesurer and the Commissioner of the Revenue as submitted to the State Compensation Board and filed with Council in accordance with the law, Mr, Mebber moved to table the matter for consideration along mith the lgGO bodget, The motion mas.seconded by Mr, Young and adopted, LICENSES: The City Clerk presented a communication from Mr, Dale Myers, Attorney, requesting that The Code of the City of Roanoke, 1956, Title VI, Chapter fl, Section 49, be amended to conform to the provisions of Section 59-371,2 of the Code of Virginia. and specifically to provide for the appointment of professional bondsmen by the Hustings Court of the City of Roanoke rather than by the Circuit Court, Mr. Myers advising that he has consulted with Judge Fred L. Roback of the Circuit Court who feels that since all criminal cases in the City of Roanoke are heard by the Bustings Court applications for professional bondsmen should be made to that court. Mr. Dillard moved to direct the City Attorney to prepare an Ordinance amending the City Code in accordance with the request of Mr. Myers. The motion was seconded by Mr. Anderson and adopted. HOUSING: The City Clerk presented a communication from Dr. A. L. James, advising that by reason of the number of public activities in which he is engaged and his feeble condition at the age of eighty-two he must decline appointment as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, to which position he was appointed by Council at its meeting of October 5, 1959. Mr. Anderson moved to file the communication and to advise Dr. James of the regret of Council at being deprived of his service in the matter. The motion was seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS: CITY PROPERTY-PARKS AND PLAYGROUNDS: The City Manager presented an offer of Rutherford Freight Lines, Incorporated, to lease from the city a parcel of land lying on the south side of Orange Avenue, N. E,, east of Williamson Road. being portions of Official Tax Nos. 3020B07, 3020B08 and 302080q, which has heretofore been used as a playground for children, the City Manager recommending that Council authorize the leasing of the property as requested at $100.00 per month for a period of one year with a 60-day recapture clause, the city to provide two BO-foot crossovers into the property and place roch on the area to make it suitable for parking, the City Manager advising that the corporation wishes to use the property to provide off-street parking for its employees and that he does not feel the property is a safe playground for children due to its proximity to the main highway on Orange Avenue and that he proposes to provide another play area at a safer place. Mr. Webber moved to direct the City Attorney to prepare an Ordinance pro- riding for the leasing of the said property as recommended by the City Manager, The motion mas seconded by Mr. Young and adopted. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager presented a request of the Judge of the Juvenile and Dowestic Relations Court for appropri- ations to Stationery and Office Supplies in-t~e'amount of $580.00, to Postage In the amount of $100.00. and to Telephone in the amount of $20.00 to supplement the 1959 budget, the City Manager advising that in his opinion the increased activities in the court during the year Justify the request and recommending that the appropriations be made. Mrs, Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=13057) AN ORDINANCE to amend and reordain Section =23. UJuvenile and Domestic Relations Court.' of the 1959 Appropriation Ordinance. and providing for {For full text of Ordinance. see Ordinance Book 23, page 435.} by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Pickett, Webber, Young, and the President. Hr. Wheeler ........ ?. NAYS: None ................... O. SCI]OOLS-SEk~RS-WATER DEPARTMENT: The City Manager submitted a tabulation of bids received by the Purchasin9 Agent for the construction of a water main to the Stewart school site (William Fleming Uigh School), north of Hershberger Road and east of Cove Road, showing the bid of M. S. Hudgins, in the amount of $7,005.00. for the construction of the mater main, with the Water Department furnishing all of the materials, except materials for the replacing of the offered the following Resolution: (~13050) A RESOLUTION accepting the proposal of M. S, Hudgins for the laying of mter mains to the Stewart School site; authorizing the proper City officials to execute the requisite contract; and rejecting ali other bids. (For full text of Resolution, see Resolution Book No. 23. page 435.) by Mr. Webber and adopted by the following vote: NAYS: None ................... O. Rt. Young then offered the following emergency Ordinance appropriating funds to cover the contract and $14,700.00 for the cost of materials to be furnished by the Water Department: (=13859) AN ORDINANCE to amend and reordain 'Non-Operating Expense" of the 1959 Mater Fund Appropriation Ordinance, an d providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 23, page '122 Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Mebber and adopted by the foil,ming vote: AYES: Council members Anderson. Coroell. Dillard. Plchett. Robber. Young. and the President. Mr. Nheeler ........ T. NAYS: None ...................O. REPORTS OF COMMITTEES: S£RERS AND STORM DRAINS: Council at its meeting of September 14. having referred to a committee composed of Messrs. Molter L. Young. Chairman. Robert E. Crawl,rd. Arthur S. Omens. B. Cletus Broyles and H. S. Zlmmerman for tabulation, study and recommendation bids received for certain improvements to the Sewage Treatment Plant. the committee submitted its report, advising that the bid of the Rea Construction Company for Contract BA". in the amount of $45g.907.00. and the bids of Dorr-Oliver, Incorporated, for Items I. 4 and 5, under Contract .flu. in the amount of $4g,?4g. O0. of the Link-Dolt Company for Item 2, under Contract =B", in the amount of $10,726.00, and of the Chicago Pump Company for Item 3, under Contract "fl", in the amount of $~,208,00, are low, and that the State Mater Control Board and the U. S. Public Ilealth Service have approved the acceptance of the bids, the committee recommending that Council accept the bids and authorize contracts therefor. Mr. Young moved to concur in the recommendation of the committee and offered the following Resolution accepting the proposal of the Rea Construction Company: (~138h0) A RESOLUTION accepting the proposal of Rea Construction Company for the general construction of additions to the City*s sewage treatment plant pursuant to Contract °A*; 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 437.) 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. Nebber, Young, and the President, Mr. Mheeler .......... To NAYS: None ............................O. Mr. Anderson offered the following Resolution accepting the proposal of Dorr-Oliver, Incorporated: (:13961) A RESOLUTION' accepting the proposal of Doff-Oliver, Incorporated, for supplying equipment items Nos. 1, 4 and 5, for use in the proposed additions t¢ t~e City's sewage treatment plant pursuant to Contract *B'; authorizing the execution of the requisite contract; and rejecting all other bids. (For full text of Re solution, see Resolutbn BOok No, 23, Page 438. ) Mr. Anderson moved the adoption of the Resolution. The motion was seconde~ by Mr. Young and adopted by the following vote: 123 AYES: Council members Anderson, Cornell, Dillard, Pickett, Rebber, Young, and the President. Hr. Nheeler ........ ?, NAYS: None ...................O, Mr. Anderson offered the following Resolution accepting the proposal of the Link-Belt Company: (m13062) A RESOLUTION accepting the proposal of Link-Belt Company for supplying equipment item No. 2 for use in the proposed additions to the City*s sewage treatment plant pursuant to Contract *B'; authorizing the execution of the requisite contract; and rejecting all other bids. (For full text of Resolution. see Resolution Rook No. 23. Page 440.) RrB Anderson moved the adoption of the Resolution. The motion was seconded by gr. Young and adopted by the following rote: AYES: Council members Anderson. Cornell, Dillard. Pickett, Webber, Young, and the President, Mr. Rheeler ........ ?. NAYS: None ...................O, RF. Youn9 offered the following Resolution accepting the proposal of the Chicago Pump Company: (~13863) A RESOLUTION accepting the proposal of Chicago Pump Company for supplying equipment item No. 3 for use in the proposed additions to the City's sewage treatment plant pursuant to Contract ~B'; and authorizin9 the execution of the requisite contract. (For full text of Resolution. see Resolution Book 23, Page 439.) Hr. 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. Webber pointed out that it will be necessary to provide an approprimtio to cover the project and, in addition, arrange for financing to cover the appropriation. The City Auditor advised that there are ample funds in the Sewage Treat- ment Account, which, along with the $141,TOT.O0 federal 9rant for the project, will cover the cost, and suggested that the entire cost be aplropriated and that Council adopt a Resolution providing for establishing a loan from the Sewage Treatment Account Replacement Reserve Fund to the Capital Account for such funds as might be advanced for the construction, in order that the credit rating for the Sewage Treatment Fund might not be impaired. Mr, Young offered the following emergency Ordim ncc appropriating funds for the construction and engineering charges of the project in the total amount of $559,6B0.00: (~13864) AN ORDINANCE to amend and reordain 'Non-Operating Expenses' of the 1959 Sewage Treatment Fund Appropriation ordinance, and providing for an emer~cy. (For full text of Ordinance, see Ordinance Book No. 23, page 440.) I24 NF. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following rote: AYRS: Council washers Anderson, Coroell, Dillard, Plchett, Nebher, Young, and the President, Ur. Wheeler ........ ?. NAYS: None ...................O, Mr. Young then moved to direct the City Attorney to prepare a Resolution authorizing the advaocewent of necessary funds from the Seuage Treatment account Replacement Reserve Fund to the Capital Account and establishing a loan liability therefor. The notion was seconded by Mr. Webber and adopted. UNFINISBED BUSINESS: ANNEXATION: Council at its meeting of September 20. 1g59. having directed the City Attorney to prepare an Ordinance providing for the annexation of certain territory in Roanoke County, the City Attorney reported that he has been advised that surveys to obtain the necessary metes and bounds description of the land to be annexed is proceeding according to schedule and that as soon as the information is available he will comply with the directive of Council and prepare the Ordinance Mr, Anderson moved to file the report. The motion was seconded by Mr. Young and adopted. CHAMBER OF COMMERCE-CITY PLANNING COMMISSION: Council at its meeting of October 5, 1959, having directedthe City Attorney to advise the body of procedures necessary to amend the City Charter in the light of recent legislation enacted by the Virginia General Assembly, the City Attorney reported that Title 15. Chapter 4.1, of the Code of Virginia, as adopted by the General Assembly of 1958, provides that charters of municipal corporations, or amendments thereto, must be submitted to the qualified voters at an election as provided in Section 24-141 Of the Code, or, in lieu thereof, Conncils may hold a public hearing at which citizens shall have an opportunity to be heard to determine their approval of such Charter, or amendment thereto, the election or the pnblic hearing to be held after the pub- lication of a notice of the question in a local newspaper not less than ten days prior to said election or public hearing, after which, if approved, the request for a new Charter, or amendment, shall be submitted to the Keeper of the Rolls of the Commonwealth at the next or the then existing regular session of the General Assembly for its consideration. Mr. Young moved to file the report. The motion was seconded by Dr. Cornel and adopted. LICENSES-REFUNDS AND REBATES: Council at its meeting of October 5, 1959, having tabled until its next regular meeting the report of the City Attorney on the request of Mrs. Helen E. Vurnakes that a 1950 license tax assessed against the Manhattan Restaurant, operated by her and subsequently destroyed by fire, be prorated, in which report the City Attorney advised that Council has no legal authority to grant the request, the matter was again before the body. 125 ' Hr. Anderson moved to refer to m committee composed aY Hessrs. Randolph hhittle, Harry B, Votes end Andrew, for study and reconsendatfou, the question of possibly revising Section 20, Chapter 8, Title VI, of The Code of the City of Roanoke, 1956, dealing with the proration of license taxes, In order to provide relief for persons forced out or business during u license tax year by reason of fire or othermlse. The watson mas seconded by Mr. Hebber and adopted. ZONING: Council at its meeting of September 14, 195g, having referred to the City Planning Commission for study and recommendation the reque*t of George E. Lester, et al** that Lots I-B. inclusive, Block 35, ~est End and River- view, located on the south side of Patterson Avenue, S. H., between Nineteenth Stye and Twentieth Street. be rezoned from General Residence District to Light Industrial District, the City Plannin9 Commission submitted its report, advising that in its opinion the potential use of the area in question is industrial and that the rea*ming of the area would not adversely affect the values of nearby and that the remaining lots in the block, being Lots g-16, inclusive, Block 35, he fez*ned to a Light Industrial District. Mr. Young moved to set a public hearing in the matter for 2:00 **clock. the petitioners to prepare the proper notice of the bearing, have it approred by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Dr. Cornell and adopted. STREETS AND ALLEYS: Council at its meeting of September 14, 1959, having of the Appalachian Power Company, et al** that a portion of an alley running in · S. N., lyin9 at the same time havin9 appointed a Board of ¥iewers to view the said property as required by law and submit its report thereon, the City Planning Commission submitted its report, advising that in its opinion better use of the land affected can be had by vacating the said alley mith no adverse effect on the values of granted. they have viewed the alley in question and the neighboring property and are indlvidual~r to the public from vacating, discontinuing and closing the portion of the alley covered in the request. the petitioners to prepare the proper notice of the hearing· have it approved by the City Attorney and pre sent it to the City Clerk for publicatill. The motion was seconded by Hr. Young and adopted. :!.'26 CONSIDERATION OF CLAIHS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordbunce No. 13853. permanently vacating, dlscontlnuin and closing Alva Avenue. N, N** extending westward from Thirty-sixth Street to Stevens Road; Stevens Road, N, H,. extending northward from Shenandoah Avenue; and a Farm Road. extending in an east-west direction at the northern end of Stevens Road. having previously been before Council for its first reading, reed and laid over, was again before the body, Hrs. Pickett offering the following for its second reading and final adoption: (UlSg$3) AN ORDINANCE consenting the the permanent vacating, discontinuin~ and closing of the entire of two (2) certain unnamed 30-foot wide roads and of a certain "farm roadu as shown on the Hap of Oak View Deights. recorded in Plat Book 1. page 276, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, all of which are presently located in the City of Roanoke, Virginia. (For full text of Ordinance. see Ordinance Book No. 23, Page 441.) 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. PENSIONS: Council at its meeting of October 5, 1959, having tabled until its next regular meetin9 the question of adopting an ordinance to amend Chapter 1, Title III, of The Code of the City of Roanoke, 1956, to provide pensions for widows of employees under the Employees' Retirement System, which Ordinance was offered by Hr, Nebber, the matter was again before the body. After some discussion of the matter, Hr. Nebber moved the adoption of the following Ordinance: (=13865) AN ORDINANCE to amend and reordain Section 6, 'Early service retirement benefit'; subsections (7) (a), (8), (g)(b) and (9)(c) of Section T. 'Benefits*; and subsection (2)(d) of Section 8. 'Method of financin9' of Chapter 1. 'General Provisions' of Title III. *Pensions and Retirement' Of The Code of the City of Roanoke, 1956; and, further, adding a new subsection known as sub- section (17) to said Section 7, of ~e aforementioned chapter and title; and providing for an emergency. (For full text of Ordlnaece, see Ordinance Book No. 23, Page 441) The motion wa~ seconded;by Hr.,Young and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, Young, and the President ..................... ?. NAYS: None ...................OD Dnring the discussion of the preceding Ordinance, the question of pensions to widows of deceased members of the Police and Fire Pension System was again discussed, and it being the consensus of opinion that the minimum pension provided snch widows is insufficient, Mr° Webber moved to table the matter for consideratioz along with the 1960 budget and to direct the City Auditor to submit to Council a report showing the number of widows receiving pensions under the Police and Fire Pension Plan, and the amount of the pension paid to each of them, the report to be 1'27 submitted in time for consideration mhen Council receives the budget request of the City Manager, The motion mas seconded by Mr, Young and adopted, Mr. Dillard voting no, AIRPORT: Council at its meeting of October 5, 195go having directed the preparation of a resolution providing for Airport ProJect No. 9-44-012-10 for the completion and extension of Runua! 5-23 at the Roanoke Runlcipal Airport, as recommended by its Airport Committee ut that meeting, Mr. Anderson offered the fOilOWJOg Resolution: (a13f166) A RESOLUTION authorizing the City Manager to cause a Project Application to be prepared and, thereafter, execute and submit the same to the Federal Aviation Agency for approval, consisting of the improvements proposed to be made at Roanoke Mnnicipal Airport (Woodrum Airport), commencing January i. 1960. (For full text of Resolution. see Resolution Rook No. 23, Page 443.) Mr. Anderson moved the adoption of the Re solution. The mot ~ n was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard. Pickett. Webber, Young. and the President. Mr. ~heeler ........ 7. NAYS: None ...................O. BONDS-SCHOOLS: The City Clerk reported that Wood, King and Dawson, Bond Attorneys, New York, N. Y., representing the City of Roanoke in connection with the sale of $3,000,000.00 of Public School Bonds, have advised that they recommend the sale of the bonds on November 5. lgSg, rather than November 4, 1959, since November 3, 1959, is Election Day and a holiday in New York and the day following a holiday is a poor day to receive bids for bonds. Mr. Young offered the following Resolution repealing Resolution No. 13~56, adopted by Council on October 5, 1959, providing for the sale of $3.000.000.00 of Public School Bonds on Noyember 4, 195g: (=13867) A RESOLUTION repealing Resolution No. 13856. (For full text of Resolution. see Resolution Book No. 23. Page 444.) 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. Mheeler ........ NAYS: None ...................O. Mrs. Pickett then offered the following Resolution providing for the sale of $3,000,000.00 of Public School Bonds on November 5, 1959: (=13868) A RESOLUTION providing for the sale, execution, form, advertise- ment of sale, delivery and tax levy to pay $3,000,000 of the $0,000,000 of bonds authorized at an election held on the llth day of March, 1958, to defray the cost of needed permanent public improvement, to-wit: acquisition of sites for, con- struction of, completion of, additions to aodimprovements in public school build- ings. (For full text of Resolution, see Resolution Book No. 23, Page 444.) 128 Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr, Anderson and adopted by the following~te: AYES: Council members Anderson. Cornell, Dillard, Picketto Mebber, Young, and the President. Mr. Wheeler ........ NAYS: None ...................O, MOTIONS AND MISCELLANEOUS BUSINESS: PENSIONS; The City Clerk reported the qualification of Mr, Thomas T, Moore as a member of the Advisory Committee on Investment of Funds to the Board of Trustees of the Employees* Retirement System, #F. Young movedto file the report, The motion was seconded by DF. Cornell and adopted. ACTS OF ACKNOWLEDGMENT: Mrs. Pickett stated that on the days of September 30-October 3, 1959, inclusive, a very successful series of events was presented to the citizens of the City of Roanoke and thousands of visitors during the Darvest Festival week-end, which included Index '59, Color and Fashion for Living, and the Harvest Bowl Football Gamq that many hours of work by city forces, some of a volunteer nature, were put into these events, and that many of the city employees did a magnificent Job, Mrs. Pickett moving that Council express its thanks to all municipal employees who had any part in working to make these activities such a success. The motion was seconded by Mr. Dillard and adopted, Messrs. Webber. Young, and the President. Mr. Wheeler, votin9 no. FIRE DEPARTMEI~f: Dr. Cornell stated that there recently appeared in The Roanoke Times an article which stated that 'The Code of the City of Roanoke, 1956. Fire Chief J. ¥. Brown and Assistant to the City Manager Barry R. Evans had combined to show that Councilman Charles M. Cornell made at least one mistake at the meeting of Council on October S, 1959, when he stated that a speed limit had been imposed upon firemen driving fire equipment durin9 emergency runs,' Dr. Cornell pointing out that he asked Chief Brown during the previous meeting if an order had been issued by him which restricted the speed of fire apparatus to twenty-five miles per hour, to which the Fire Chief replied in the negative. Dr. Cornell presenting copies of Fire Departmental Order 11, issued February 22. 1956, over the signature of J. ¥. Brown, Chief. entitled, "Slow Down.' which reads as follows: "February 22. 1956 DEPARTMENTAL ORDER = Il In the past I bare noticed some of the members who drive Fire Department vehicles bein9 some what abusive in operating these vehicles. This practice must be stopped. I am expecting members who drive Fire Department,vebicles to obey all traffic regulations such as STOP,SIGNS, SPEED, and SLOB DOWN at intersections. Beginning this date, members who have not driven Fire Pumping Engines and Ladder Trucks are required before driving these vehicles to take instructions from the Chief, Assistant Chief, Master Mechanic or Drill Master before making an attempt to drive Fire Department apparatus. :129 The Captain or man in charge of vehicles, will be held responsible to see that the driver obeys the safety driving practice, and that he does not abase Fire vehicles under his Jurisdiction, These orders are in effect now, and any one disobeying these orders will be subject to punishment. Yours very truly, Signed/J, ¥. Brown J. ¥. Brown, Chief Roanoke Fire Department JYB:rcp* and a copy of an undated order of the City Manager. entitled. "Traffic Safety Demerits System** which reads as follows: uYRAFFIC SAFETY D£M£RITIS SYSTEM Effective immediately the following shall apply to all drivers of city vehicles in al/departments. 1. For all major (over $300.00) accidents which the city employee is at fault appropriate penalties shall be determined by the Salty Committee. At their descretion the penn,les shall be suspension from work for one day to two weeks, plus suspension of driving privileges for a period determined by the committee. 2. For all minor accidents the appropriate penalty shall be determined by action of the Safety Connlttee. 3. For reported violations of traffic laws the following demerits shall apply. Rhea a total of 20 demerits per year is reached the employee shall be suspended for one day. Each additional 5 dem..rits shall result in further suspension of one day. Section 43. Towing trailers or vehicles improperly. 2 Section 44. Failure to drive on right side of highway. 5 Section 45. Descending steep grades improperly. 1 Section 48 Improper passing of vehicles proceeding in opposite directions. 1 Section 4g. Improper passing upon overtaking a vehicle. 2 Section 52. Failure to give way to overtaking vehicle 2 Section 54. Following too closely. 3 Section 55. Turning around in street. 5 Section 57. Failure to give signals on starting, stopping or turning. 2 Section 59. Change of course after giving signal. 2 Section 60. Failure to observe signals of other drivers. 2 Section 61. Failure to give signal when moving from parked position. 2 Section 62. Failure to grant right of way. 2 Section 63. Failure to stop when entering highway from private road or driveway. 2 Section 64. Failure to obey *Yield" or *Yield-Right-of- Way# signs. 2 Section 66. Following or parking closer than 500 ft.. to fire apparatus. 4 Section 67. Driving over fire hose. 2 Section 69. Reckless driving---Generally 10 Section 72, Violating speed limits and other driving regulations. 7 Passing on a hill. 4 Interference with drivin9 by overloading vehicle. 2 Driving through a funeral procession. 1 Running stop sign, or disobeying other signs and markers. ~ Total demerits 71 4. The Safety Committee shall be composed of Mr. John Noftsinger. Mr. Barry Evans and the pertinent department head. Vi61ations under section 3 above may be reported, by any city official as well as by regular police reports. A. S. Owens City Manager* stating that in his opinion these directives sustained his position that fire trucks ansuerlng calls could not exceed tuenty-five miles per houro/ Dr, Cornell moved that these matters be entered into the record, The notion mas seconded by Hr. Dillard and adopted. There being no further business, Council adjourned, APPROVED A~Tc~ST: [1 131 COUHCIL, REGULAR REETING. Monday, October 19, 1959. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Municipal Ouilding, Monday, October 19,.IgSg, at 2tO0 otclnck, p. m.. the regnlar meeting hour, uith the President, Mr. Wheeler. presiding. PRESENT: Council members Anderson. Gornell, Dillard, Pichett, Mebbero Young. and the President. Mr. Wheeler ............. ASSENT: Sene .............................O. 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 meeting mas opened with a prayer by the Reverend Samuel R. Shillmsn, Rabbi. Temple Emanuel Congregation. HEARING OF CITIZENS UPON PUBLIC MATYERS: NONE. PETITIONS AND COMMUNICATIONS: PURCHASE OF PROPERTY-HOUSING-PARKS AND PLAYGROUNDS: The City Clerk pre- seated a communication ~rom Mr. Wllllam L. Poole. 2302 Avenel Avenue. S. suggesting that the City of Roanoke acquire for park purposes that portion of the Commonwealth Redevelopment Project lying west of Williamson Road. Mr. Anderson moved to file tho communication. The motion ~as seconded by Mr. Young and adopted. PURCHASE OF PROPERTY-SCHOOLS-PARKS AND PLAYGROUNDS: The City Clerk pre- sented a communication from the Roanoke City School Board, requesting that Council make lelford Hurt Park, containing approximately 5.5 acres, located on the east side of Seventeenth Street. S. W., north of Salem Avenue, available us a site for an elementary school. Mr. Webber moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mrs. Pickett and adopted. PURCHASE OF PROPERYY-SCHOOLS-STREEIS AN~ ALLEYS: The City Clerk presented a communication from the Roanoke City School Board, requesting that Council vacate, discontinue and close that portion of Hart Avenue. N. M., lyin9 adjacent to the Booker To Washington Junior High School site, and make available to th~ School Board for an ad~ finn to said school that portion of Hart Avenue requested to be closed, along with the property lying between Hart Avenue, Orange Avenue and Gainsboro Road, N. W., the Board advising that this request is made necessary by the location of the proposed interstate highway spur, mhich, as projected, will use the property previously anticipated for the school extension. Mr. Webber moved to refer to the City Planning Commission for study and recommendation the question of closing that portion of Hart Avenue as requested by the Roanoke City School Board, and the use of t~ properties requested for expansion of the Hooker T. Washington Junior High School site. The motion was seconded by Mrs. Pickett and adopted, · 132 REPORTS OF OFFICEI/S: B~UGET-JUVENI'LE AND DOMESTIC RELATIONS COURT: The City Manager reported that due ~o the illness of Judge M, A. Fate of the Juvenile and Domestic Relations Court, the appropriation for Substitute Judge ia that account is ~msuffictent, and requested an'nppropriatio'n of $1,250.00 for t'he remainder of the year; 'Dr. Cornell moved t~ concur la the request ~f the City Manager and off~re~ : the folloming emergency 'Ordinance: (u13869) AN ORDINANCE t~ amend and reordain Section u23, "Juvenile and Domestic Relations Court." of the 1959 Appropriation Ordinance. and ~roviding for an emergency. (For full text of Ordlnnnce, s~e Ordinance Rook No. 23, Page 44D.} Dr. Cornell moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson. Cornelia Dillard. Pickett. Mebber. Young. and the President, Mr. Mheeler ................ ~-7. NAYS: None .....~ ....................... O. BUDGET-ANNEXATION: The City Manager submitted bills from the firms of Miley and Wilson, Consulting Engineers, and Moodrum and Gregory. Attorneys, in connection with the acaexation survey, in the amounts of $2,056.08 and $150.00, respectively, and requested an appropriation to provide for the payment of the same. Mr. Young moved go concur in t~ request of the City Manager and offered the following emergency Ordinance: (ul3D?O) AN ORDINANCE to amend and reordain Section ~155. #Annexation.# of the 1959 Appropriation Ordinance. and providingfor an emergency. (For full text of Ordinance. see Ordinance Book No. 23. Page 445) Mr. Young moved the adoption of the Ordinance. The motion was s~conded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson , Cornell, Dillard, Pickett. Webber. Young. and the President. Rt. Mheeler ........... 7. NAYS: None ...........~ ................. O. SEWERS AND STORM DRAINS: The City Manager reported that he.has sthdied the petition of residents of the Jackson Park Subdivision in the northeast section of the city for se~ers and in,ds to submit his recommendation in connection there~ math along ~ith the 1960 budget estimate, the City Manager recbmmending that Council table the matterfor consideration at that time. Mr. Young move~ to concur in the recommendation of the City Manager. The motion was seconded by Mr. Webber a~d adopted. BUDGET-DEPARTMENT OF PUBLIC WELFARE: Yhe City Manager reported that due to increases in 'the number of cases in nursing homes, State Board regulations Mhich reclassified nursing ~ome cases and changed the method of'payment, and an increase in the rate at the City Home. it has become necessary to request the transfer of funds in some of the relief categories of the welfare budget, and requested that $6.000.00 be transferred frou Old Age Assistance to Old Age Assistance. Redical- Yeador; $2,000,00 from Aid to Permaeeotly and Totally Diaabled to Aid to Permanent: and Totally Disabled, Medicll-¥endor; and $1.200,00 from Aid to Blind to Aid to Blind, Medicll-Yendor. Mrs. Pickett moved to concur ia the request of the City Manager and offered the following emergency Ordinance: (a13871) AN ORDINANCE to amend and reordaio Section a52. 'Public Asslstanc~ of the 1959 Appropriation Ordinance. and providing for an emergency. (FOr full text of Ordinance, see Ordinance Hook No. 23, Page 449.) Mrs. Pickett 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, Plchett, Mehber, Young, and the President, Mr. Mheeler ................. NAYS: None ............................ O. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: PENSIONS: Council at its meeting of October 12, 1959, having directed the City Auditor to submit a report showing the number of widows receiving pensions under the Police and Fire Pension Plan and the amount of pension each of them is receiving, the City Auditor submitted his report, showing thirty-six Midows of deceased members of the Police and Fire Pension System nos drawing pensions in the aggregate of $1.752.65 per month, and indicating that to increase the minimum pension paid to such widows monthly to $40.00 would cost $R,036.40, to $45.00 Mould cost $3,013.0§ and to $50.00 Mould cost $4,140.60 annually. Ur. Coruell moved to refer the matter of increasing the minimum pension of SUCh widows to a committee composed of Mr. Walter L. Young, Chairman, Mr. Benton O. Dillard and Dr. Charles M. Corne]l for study and recommendation. The motion was seconded by Mr. Dillard and adopted. CONSIDERATION OF CLAIMS: N~NE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY PROPERTY-PARKS AND pLAYGROUNDS: Council at its meeting of October 12, 1959, having directed the preparation of an Ordinance authorizing the rental to Rutherford Freight Lines, Incorporated, of certain real estate owned by the city, Mr. Webber moved that the following Ordinance be placed upon its first reading: ({13§T2) AN ORDINANCE authorizing the rental to Rutherford Freight Lines, 1AC., of certain real estate owned by the City and situated on the south side of Orange Avenue, N. E., OppOsite the aforesaid corporation*s terminal. WHEREAS, 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 aud directed, for and on behalf og the City, to lease unto Rutherford Freight Lines. Inc., for the tern of one year. to be used for the sole purpose of parking vehicles, that certain real ~" 134 estate,'briefly described as Official Tax Nos. 3020807. 3020806 nad 3020809, omaed by the City and situated on the south side of Orange Avenue, N. E.. opposite said corporation*s terminal, at a rental of $100.OOper month, uith an option to the l~ssee to continue aaid lease for on additional period of tug (2) years, reserving, nevertheless, unto either party the unqualified right to cancel said lease, after the expiration of the first-year period, by giving sixty days' notice of its intention so *to cancel; the said City of Roanoke to provide, at its expense, two (2) 30-foot crossovers and, also, to place roch on the area one time only, Yhe motion mas seconded gy Dr. Cornell and adopted by the follouing vote: AYE$~ Council members Anderson, Cornell, Dillard, Pichett, Robber, Young, and the President, Mr. Rheeler .................. ?. NAYS: None .............................O. LICENSES: Council at its meeting of October 12, 1959. having directed the preparation of an Ordinance to amend the City Code, providing for the appointment of professional bondsmen by the Hustings Court Of the City of Roanoke and con- forming to the existing state lam that portion' Of said Code dealing with professional bondsmen, Mr. Anderson offered the following emergency Ordinance: (=13873) AN ORDINANCE to amend and reordain Section 49. 'Bondsmen* 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 44g.) Rt. Anderson moved the adoption Of the Ordinance. The motion was seconded by ir. Dillard and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young, and the President, Br. Rheeler ................. NAYS: None ............................O. MOTIONS AND MISCELLANEOUS BUSINESS: CIYY BARKET: The City Banager submitted a request of the National Dusiness College that it be permitted to use the Citl Rarket Auditorium as a practice gym for its basketball team during the month of November. 1959. Ronday through Friday of each meek. at a total rental of $50.00, except for those days which are already committed, the City Manager advising that the request is not in conformity ~ith the City Code which requires him to rent the auditorium for $15.00 per night, but that since the National Business College bas no place available for practice by its basketball team, it is his recommendation that Council grant the request. Dr. Cornell moved to direct the City Attorney to prepare a Resolu}ion carrling out the recommendation of the City Ranager. The motion was seconded by Er. Webber and adopted. There bela9 no further business. Council adjourned. APPEOYED President COUNCIL, REGULAR MEETING, Monday, October 26, 1959o The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, October 26, 1959, at 2:00 o'clock, p, the regnlar meeting hoar, with the President, Mr. Rheel~r, presiding, PRESENT: Council members Anderson, Cornell. Dillard, Pickett, Rabbet, Young, and the President, Mr. Nheeler ....... ?. ABSENT: None ....................O. OFF ICERS PRESENT: Mr. Harry R, Yates, City Auditor and Acting City Manager, Mr, Randolph O. Nhittle, City Attorney, and Mr. J, Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend R, Irvin Nllliams, Pastor, Trinity Methodist Church. MINUTES: Copies of the minutes of the regular meetings held on October 5, October 12, and October 19, 195g, having been furnished each member of Council. upon motion of Mr, Young, seconded by Mrs. Pickett and adopted, the reading was dispensed with and the minutes approved as recorded, Dr, Cornell stated that there are certain matters concerning the use Of firemen for painting at Victory Stadinm and relating thereto which he would like have recorded in the office of the City Clerk and presented a written statement thereof, along with a clipping from the October 6th issue of The Roanoke Times, Br. Cornell moving that they be filed by the City Clerk. The motion Has seconded by Mr. Dillard and adopted, HEARING OF ~ITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: b'~REET LIGHTS: The Gity Clerk presented a report of the Appalachian three i0000 lumen street lights, and the removal of two 2500 lumen and two 6000 lumen street lights in the city durin9 the month of September, 1959. Mrs. Pickett moved to file the report. The motion was seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS: MUNICIPAL BUILDING: The City Manager reported that pursuant to a directive of Council at its meeting of August 24, 1959. bids were received by the City Purchasing Agent on October 20, 1959, for the installation of a ne~ electric service in the Municipal Building, and submitted a tabulation of eight bids received, showing the bid of Engleby Electric Company. Incorporated. in the amount .of $10,665.00, as lo~. the City Manager recommending acceptance of the low bid. Mr. Anderson moved to concur in the recommendation of the City Manager and offered the following Resolution: (=13874) A RESOLUTION accepting the proposal of Engleby Electric Company, Inc., for the installation of new slitching equipment and anderground serf/ce for the municipal building; authorizing the City Purchasing Agent to issue the requisite purchase order; and rejecting all other bids, '136 (For full text of Re dutlon, see Resolution Book No, 23, Page 452.) Hr. Anderson moved the adoption of the Resolution, The motion mas seconded'by Hr, Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Pickett, Nebber. Young, and the President, Mr, Nheeler ................ NAYS: Mr, Dillard .............. Hr. Young then offered the loll,ming emergency Ordinance appropriating funds for the construction: (=13675) AN ORDINANCE to amend and reordain Section =BO, mNunicipal Duilding,m of the 19Sg Appropriation Ordinance, 3nd providing for an emergency. (For full text of Ordinance', see Ordinance Book No, 23, Page 452,) #r. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Ander son and adopted by the followin9 vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Nebber, Young, and the President, Rt. Nheeler .... NAYS: None ...................O, BUDGET-TRAFFIC: The Citl ManaRer requested that $281°23 be transferred from the appropriation for Heating Plant for Radio 5hop in the Traffic Engineering and Communications account under Departmental Equipment and Improvements to Maintenance of Radio Shop Dulldin9 under the Traffic Engineering and Communications account, and that $135.00 be transferred from Maintenance of Rill Mountain Transmitter Building to Supplies in the Traffic Engineering and Communications account of the 195g budget. Mrs. Pickett moved to concur Jn the request of the City ManaGer and Offered the following emergency Ordinance: (#15076) AN ORDINANCE to amend and reordain Section n63. 'Traffic Engineering and Communications," and Section 144,''Departmental Equipment and Improvements.~ of the 1959 Appropriation Ordlnancet and providing for an ~mergency. (For full text of Ordinance, see Ordinance Hook No. 23. Page 453.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the loll.winR vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young. and the President. Mr° Wheeler .... NAYS: None ...................O, BUDGET-RECREATION DEPARTMENT-pARKS AND PLAYGROUNDS: The C~ty Manager reported that the football field in Preston Park has been graded at a cost of $1,400°00, and that to complete the field sill entail the expenditure of $282°00 for planting grass seed. making a total cost of $1,692~00 to be e{pended from an appropriation of $2,620°00 made by Council for that purpose, the City Manager requesting that he be authorized to use the remaining $1,138.00 for grading of a football field at the south end of the Huff Lane School property, which he advised is needed in that area. :1'37 Mr. Mebber moved to direct the City Attorney to prepare a Resolution authorizing the City Manager to expend $1,138.00 for grading or a football field at the sooth end of the Huff Lane Scb~ol property° mhlch amount remains ~rom the appropriation of $2,820.00 previously appropriated for a football field'in the Willlamsoc R~ad area. The motion was seconded by Mr. Dillard and adopted. AIRPORT-STATE HIGHMAYS: The City Manager reported that the State Depart merit of Highways has requested that the city donate a tract of land containing approximately 1.6 acres orr of the northern portion of the Roanohe Municipal Airport property along State Route 117 for the mldening of that highway, the Department of Highways agreeing to construct a standard woven Mire fence along the airport property adjacent to the portionto he donated, and install 14-foot metal gates to serve the existing entrances, it being the intention of the State to widen Route No. 117 to a fourolaue divided highway, the City Manager stating that the request has been approved by both the Department of Public Works and the Manager of the Municipal Airport and recommending that Council concur therein. Mr. Young moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~13877) AN ORDINANCE authorizing and directing the proper City Officials to give and convey unto the Commonwealth of Virginia approximately 1.6 acres of land off the northerly portion of the Airport property for use in widening Virginia Route Il?. WHEREAS. the Commonwealth of Virginia needs a strip of land constituting a northerly portion of the Airport property for use in widening and altering Virginia. Route Il? and the City Manager has recommended that said real estate be given and conveyed unto the Commonwealth of Virginia, in which recommendation this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby, authorized and directed to execute a deed of conveyance, to be prepared by the City Attorney, conveying approximately 1.6 acres of land. as shown on Plan No. 4453, prepared by and on file in the Office Of the City Engineer, unto the Commonwealth of Virginia for use In widening and relocating Virginia Route 117 and at no cost to the City. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pichett, Mebber. Young, and the President, Mr. Wheeler .... 7. NAYS: None ...................O. BUDGET-DEPARTMENT OF PUBLIC WORKS: The C Jty Manager requested that $1,000.20 be transferred from the appropriation for Materials in the Bridge Repair account to the appropriation for Materials in the Street Signs md Markings account of the 1959 budget. Dr. Corne~ ashed whether or not any portion of the funds proposed to be transferred will be expended for white traffic paint, to which the Acting City Manager replied that he does not know. 138' Dr, Cornell theu moved to table the matter until the next regular meeting of Council and to request the City Manager to advise mhether or not auy portion of the funds ulll be used for the purchase of uhlte trhffic paint. The motion mas seconded by Mr. Dillard and adopted, BUDGET-HOUSING-SIDEWALK, CURB AND GUTTER: The City Hanager submitted a request of the City of Roanohe Redevelopment and Housing Authority that a side- walk be constructed along the side of ~e Lincoln Terrace Housing Project on Liberty Road, N. £.. in order to provide a safe walkway for children going to and coming from the Lincoln Terrace Elementary School, said walk to be approximately l,lSO feet in length and estimated to coat approximately $2,300.00, the Housing Authority agreeing to pay fifty per cent of the cost thereof, the City Manager adrising that if Council desires to comply with the request it will be necessary to appropriate $2,500.00 for that purpose. In response to a question by Mr, Mebber as to whether the Ilousiag Authority intends to construct the sidewalk itself or have the city do so under its existing contract, the Acting City Manager replied that he does not know. Mr. Webber then moved to refer the matter to the City Attorney to prepare the proper Resolution authorizing construction of the sidewalk after con- sultation mith the City Manager to determine whether or not the sidewalk will be constructed under the city's contract. The motion was seconded by Mr. Anderson and adopted, STREET LIGHTS: The City Ranager presented a request that Council authorize the installation of one 6000 lumen overhead incandescent street light on the north side of Sherwood Avenue, S. W., 195 feet west of Main Street, on Pole No. 277-7169, advising that this light was inadvertently left out of the prior request for improved lighting conditions at the Shermood Avenue-Main Street intersection now being improved. Mr, Young moved to concur in the request of the City Manager and offered the following Resolution: (ff13878) A RESOLUTION authorizing the installation of one 6000 lumen overhead incandescent street light on the north side of Sherwood Avenue, S. 195 feet west of Rain Street, on Pole No. 277-7~6g. (For full text of Resolution, see Resolution Book No. 23, Page 453,) 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. Pickett, Webber, ¥oun and the President, Mr. Wheeler ........... NAYS: None ....................O. WATER DEPARTMENT: The City Manager presented a report of llvord, Hurdick and Howson, Consulting Engineers, on their survey of additional water needs and possible sources of supply for the City of Roanoke, made in accordance with the authorization of Council at its meeting of March 2, 1959, the Engineers .139 reporting that their surveys and studies indicate that, based upon the clty*s present population and population trends, the present water supply will be ade- quate to meet requirements until Just before the year 1970 when the estimated average dally demand will reach the safe capacity of present sources, that it will be necessary to develop a supply hating a capacity of ten million gallons per day in order to meet the estimated requirements of tmenty-four million gallons per day for the average day or the year 2000, and that they have investigated six sources of additional supply, namely: enlargement of Carvins Cove yield: the north fork of Roanoke River; the south fork of Roanoke River; Hack Creek; Smith Mountain reservoir; and New River, and hare concluded that the extended develop- ment of Coffins Cove, including the diversion of Tinker Creek and Catawba Creek mhich will produce an increase in the safe yield of the Carvins Cove reservoir from ten million to t~enty million gallons per day, has a distinct advantage OVer any of the other projects studied in addition to being the most economical, the cost estimated at $4,150,000.00 for construction and $310,000o00 in annual costs, which can be divided in two stages, the first stage to be diversion of Tinker Creek, and the second, the diversion of Catawba Creek, Mr, Webber moved to table the report for study by members of Council. and consideration at the 1960 budget study sessions. The motion was seconded by Hr. Dillard and adopted. REPORTS OF COMMITTEES: BURRELL MEMORIAL HOSPITAL: Council at its meeting of June 15, 1959, having referred to a committee composed of Mr. Willis M, Anderson, Chairman, Dr. C. Mo Corn*Il, Mr. Arthur S. O~ens, Mr. Randolph G. Whittle, and Miss Bernice F, Jones the request of the Burr*Il Memorial Hospital Association, Incorporated, for additional compensation for the care and treatment of indigent patients in that hospital for study and recommendation, the committee submitted its report, stating that the city has entered into identical agreements for hospitalization and treatment of indigents with eight area hospitals, one of which is Burr*Il Memorial Itospital, the agreements providing for a specified rate of $1H.50 per patient day for indigent patients, certified by the Department of Public Welfare. not to exceed fourteen days in each case unless further certification is given by the Welfare Department, that the city has appropriated increasingly larger amounts each year for this purpose, going from $71.404.57 in 1955 to $169,000.00 in the current year, which appropriations are based primarily upon the state hospitalization program under which state funds are allocated and paid to the city to cover fifty per cent of the cost of its hospitalization within the limits of state appropriations, the city having received from the state for the current year $59.721,78 which is considerably less than one-half the current annual appropriation by the City of Roanoke, the report further stating that Burrell Memorial Hospital, as well as the other hospitals, has been paid for every day of hospitalization for indigents authorized by the Department of Public ,' 140 Welfare, that the claim of the hospital is based upon the accumulated uuwber of days since July 1. 1956, that certified ~ndlgent patients spent in the hospital after periods of authorized hospitalization ut the city*s expense had expired. which totaled $9.611,25 on June 4. 1959, when the request was submitted, that subsequently on September 1, 1959, Hurrell Wemorial Hospital submitted to the committee a supplementary statement which brought the total claim up to $14,211.B? as of that date, the committee advising that, while it is keenly sympathetic mlth the Hospital's difficult financial position, it cannot recommend that the claim or the Hospital be honored, for, to do so, would be to create an obligation on the part of the City of Roanoke which it did not incur previously, ~urther. that it cannot recommend that Council continue to appropriate funds for hospitalization without limi~tJon or abandon control over the manner in which available funds are to be expended for hospitalization of indigents, but believes that Council will continue to provide all the funds that it can for this purpose within the limits of the city's financial resources, the committee pointing out that until Rarch. 1959, Burreil Memorial Rospital's established rate for welfare Patients was less than that of the other hospitals in the community, and that to equalize the pay- ments Council has provided in its annual budgets a supplemenlal appropriation for payment to the said Hospital of amounts sufficient to provide a rate to Hurrell Memorial Hospital equal to that paid to other hospitals for each authorized patient day. that from this account in the 1959 budget there has been expended $1,868.94 in the current year, prior to the equalization of the rates of all hospitals, leaving an unexpended balance of the original $?,000,00 appropriation of $5.131,06. and that in an effort to help alleviate the hardships which conditionshave imposed upon the Burrell Memorial Hospital. the committee recommends that the uncommitted balance of $5,131.06 be paid to said Ilospital with the distinct understanding that this grant Is not to be considered as establishing a precedent nor construed as a recurring item in the city budget. The City Clerk presented a communication from the Board of Trustees of the Hurrell Memorial ll~ital, requesting that the report of the committee be tabled until the next regular meeting of Council, in order that members of the Board may appear before the body to discuss the matter before action is taken. Dr. Cornell moved to table the matter until the next regular m~ting of Council. The motion was seconded by Mr. Dillard and adopted. SEWERS AND STORMDRAINS: Council at its meeting of Ray 4, 1959. having 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 a request of the Board of Supervisors of Roanoke County that the contract of September 28, 1954, between the City ofrRoanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto the IJollins College property lying on the north side of U. S. Route No. Il, along with property immediately south of said Route 11, opposite the Rollins College property, being a total area containing approximately 1SO acres, the committee submitted its report, recommending that the request of the county be 9ranted. Mr. Young moved to concur in the recommendation of the committee and 141 offered the foil*ming Resolution: (z138Tg) A RESOLUTION emending the contraot of September 28, 1954. between the City of Roanobb~aod the County of Roanoke, dealing with the treatment of domestic and commercial wastes. (For full text of Resolution, see Resolution Book No. 23, Page 454.) Mr. Young moved the adoption of the Resolution. The motion mas seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson. Corn*Il. Dillard, Pickett, Rabbet, Young, and the President, Mr. Wheeler .... NAYS: None ................... O. UNFINISIIEU BUSINESS: PURCHASE OF PROPERY¥-SCHOOLS-PARKS AND PLAYUROONUS: Council at its meeting of October 19, 1959, harioR referred to the City Planning Commission for study and recommendation the request of the Roanoke City School Board that Welford I~t Park, containing approximately 5,5 acres, located on the east nde of Serenteenth Street, S, W** north of Snlem Avenne, be made arallable to the Scbmt Board as a site for an elementary school, the City Planning Commission submitted its report, recommending that the request of the School Board be granted and that serious consideration be given by Council to acquiring an additional $,75 acres of iandlying to the southwest and north of Welford Uurt Park to enlarge the park and school area, Rro Webber moved to direct the City Attorney to prepare a Resolution authorizing the Roanoke City School Board to construct an elementary school in Welford Hurt Park, The motion was seconded by Nr, Young and adopted, Ars, Pickett then moved to direct the City Banager to negotiate mith the owners of the land adjoining the Welford Hurt Park area which the City Planning Commission has recommended be acquired, to arrive at a cost thereon, and submit bis report to Council, The motion Has seconded by Hr, Young aud adopted, Br. Dillard voting no, PURCHASE OF PROPERTY-SCHOOLS-STREETSANO ALLEYS: Council at its meeting of October 19, 1959, baying referred to the City Planning Commission for study and recommendation a request of the Roanoke City School Board that Council Yacate, discontinue and close a portion of llart Avenue, N, Washington Junior High School site and propert.y owned by the City of Roanoke to the south of Hart Avenue, and make available to the School Board as a site for the expansion of said Junior High School that portion of Hart Avenue requested to be closed, along with the city-owned property south of Hart Avenue, as a site for the expansion of the Booker T+ Washington Junior High School, the City Planning Commission submitted its report, recommending that the request of tbe School Board be granted, and further, that an alley extending through the city-owned property south of Hart Avenue, from Burrell Street to OranRe Avenue, be also vacated, dis- continued and closed. ',;1.42 Hr. Young moved to set o public hearing for 2:00 oOclock. November 23. lgSg, on the question of closing Hart Avenue. N. W,. and the alley south of wart Avenue. where they extend through the city-owned property. 'and to direct the City' Attorney to prepare the proper notice and other papers therefor and the'City Clerh to publish the notice of such hearing. The motion was seconded by Rrs. Pickett and adopted. CONSIDERATION OF CLAIMS: NONE, I~RODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY PROPERTY-PARKS AND pLAYGROUNDS: Ordinance No. 13872. authorizing tbe rental to Rutherford Freight Lines. Inc.. of certain real estate owned by the City and situated on the south side of Orange Avenue, N. E.. opposite the afore- said corporation*s terminal, having previously been before Council for its first reading, read and laid over. was again before the body. Dr. Cornell offered the following for its second reading and final adoption: (~!3~72) AN ORDINANCE authorizing the rental to Rutherford Freigbt Lines. Inc., of certain real estate owned by the City and situated on the south side of Orange Avenue, N. £., opposite the aforesaid corporation*s terminal. (For full text of Ordinance, see Ordinance Hook No. 23, Page 451.) Dr. Cornell moved the adoption of the Ordinance, The motion was seconde 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. SEMI~S AND STORM DRAINS: Council at its meeting of October 12, 1959, having directed the preparation of a Resolution authorizing the City Auditor to advance necessary funds for additions to the Sewage Treatment Plant from General and Replaceaent Reserve Funds in the Sewage Treatment account, and providing for repayment of funds advanced from the Replacement Reserve Fund, WF. Young offered the following Resolution: (=I3RHO) A RESOLUTION authorizing the City Auditor to advance approximately $418,000.00 for the payment of the costs of the enlargement of the City's sewage treatment plant from the General Account and the Replacement Reserve Account of the Sewage Treatment Fund; and authorizing and directing the said City Auditor to repay the amount so advanced to the Replacement Reserve Account of the Sewage Treatment Fund as such funds become available from the operation of the said sewage treatment plant. · or full text of Resolution, see Resolution Book No. 23, Page 456.) Hr, 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. Pickett. Webber. Young. and the President, Mr. Wheeler ............... NAYS: Mr. Dillard ............!. ~43 CITY MARKET: Council at Its meeting of October 19, 1959, having directe the preparation of · Resolution authorizing rental of the City Market Auditorium to the National Business College during the month of November, 1959, Dr. Cornell offered the follo~ ng Resolution: (s138BI} A RESOLUTION nnthorizing the Clerk of the Markets to lease unto National Business College the auditorium in the City Market upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 23. Page 48T,} Dr. Cornell moved the adoption of the Resolution, The motion was seconded by Rt. Dillard and adopted by the following vote:' AYES: Council members Anderson, Cornell, Dillard. Pickett. Mebbe~ Young, and the President, Mr, Mheeler .... ?, NAYS: None ...................O, MOTIONS AND MISCELLANEOUS BUSINESS: AIRPORT: Dr. Cornell stated that during the previous meek he had intended to call a special meeting of Council to invite Piedmont Airlines, Incorporated, to locate a maintenance shop at the Roanoke Municipal Airport and to offer the assistance of the city, but did not call such meeting by reason of the publicity involved, that, subsequently, the Board of Directors of Piedmont Airlines. Incorporated, has met and considered.the matter and has taken no action, Dr, Cornell therefore moving to direct the City Attorney to prepare a Resolution inviting Piedmont Airlines, Incorporated. to establish a maintenance shop for its aircraft at the Roanoke Municipal Airport and assuring said corporation that the City of Roanoke will assist in every way possible. The motion was seconded by Mr. Dillard and adopted. There being no further business, Council adjourned. APPROVED 1'44 COUNCIL. REGULAR MEETING, Monday, November 2. 1959. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, November 2, 1959, at 2:00 o'clock, p. m., the regular meeting hour. with the ~resident, Mr. Mheeler. presiding, PRESENT: Council members Anderson. Cornell, Dillard, Pickett, Rabbet. Young. and the President, Mr. Wheeler ..... ~ ....... 7. ABSENI~ None .............................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. Randolph G. Mhittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. Jo Robert Ihomas, City Clerh. INVOCATION: Ihe meeting was opened with a prayer by the Reverend Ferd Magnet, Pastor, Belmont Methodist Church, MINUTES: Copy of the minutes of the regular meeting held on Monday. Octobe: 26, 1959. havin9 been furnished each member of Council, upon motion of Mr. Anderson, seconded by Mr. ~ng and adopted, the reading vas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MAYTERS: NONE, PETITIONS AND COMMUNICATIONS: CITY PROPERYY-INDUSYRIES: The City Clerk presented a communication from the Norfolk and Mestern Railway Company. advising that it is plannin9 to extend its line of railroad within the City of Roanoke, Roanoke County and the Town of Vinton for the purpose of connecting its main line tracks with those of The Virginian Railway Company, such extension to be along the easterly corporate limits of the city, and that in so doing it meeds to a!quire from the city a parcel of land contain:n9 1.57 acres from the easterly portion Of Fallon park lying alon9 Twenty- third Street, S. E., north of Carr Avenue, and a small parcel of land containing .06 acre lying on the northerly side of Dale Avenue, S..E.. just west of linker Creek, which land it proposes to acquire through condemnation proceedings, provided the State Corporation Commission certifies that a public necessity or an essential *ublic convenience requires the taking of the two parcels of land and gives its *ermlssion thereto, the Company submitting a proposed contract for approval of ;ouncil which provides that the City Of Roanoke will not contest the taking by the Railway Company Of the two parcels Of land owned by the city, provided the State Corporation Commission gives its consent to the proposed condemnation proceedings, and that the Norfolk and Western Ratlmay Company will arrange for conveyance to the city by its subsidiary. Virginia Holding Corporation, of a parcel of land containing 1.68 acres located on the southeast corner of Twenty-second Street and Cart Avenue, S. E., adjacent to Fallon Park. which the city will accept ;in full and final satis- faction of a judgment or award of any condemnation commission for the taking by the Norfolk and Western Railway Company of the two parcels Of land it seeks through condemnation. 145 The City Clerk presented · further communication from the Norfolk and Western Railway Company. la which Hr. N. C. Wyatt. Vice President and General Naoager of the Company, advised that upon execution of the proposed agreement and the acquisition of the two parcels of land sought by the Railway Company pursuant to said agreement, the Norfolk and Western Railway Company's subsidiary. Virginia Holding Corporation, will donate and convey to the city on additional parcel of land containing 2.42 acres located at the northeast corner of Dale Avenue and Twenty-second Street. S. E.. adjacent to the 1.6B acre tract previously referred to and to Falion Park. the Railway Company also agreeing to fence that portion of its right of way which will abut Fallon Park and seed its right of way slopes along Fallow Park, so that when viewed from Falion Park the slopes will not present an unsightly appearance, Mr. A. Paul Funkhouser, General Attorney for the Norfolk and Nestern Rail- way Company, appeared before Council and advised that the Company has resorted to a friendly condemnation suit to acquire the land it needs bec·use there is some doubt that the city can legally transfer the land under normal procedures. Hr. Webber moved to concur in the request of the Norfolk and Western Rail- way Company and that the following Ordinance be placed upon its first reading: (·13~02) AN ORDINANCE approving an agreement between Norfolk and Western Railway Company, Virginia Holding Corporation and City of Roanoke relating to the establishment of the value Of certain lands owned by the City to be acquired by Norfolk and Western Railway Company through condemnation and providing for the conveyance to the City of a certain tract of land owned by Virginia Holding Cor- poration. · HEREAS. in connection with the proposed extension of its line of railroad within the City of Roanoke, Roanoke County and the Town of ¥inton for the purpose of connecting its main line tracks with those of The Virginian Railway Company, Norfolk and Western Railway Company proposes to obtain through condemnation pro- ceedings two certain parcels of land owned by the City; and NHEREAS. Virginia Holding Corporation owns a certain parcel of land desired by City and of substantially the same value as the two certain parcels of l~nd required by Norfolk and Western Railway Company; and WHEREAS, City is agreeable not to contest the taking of the two aforesaid parcels of land by Norfolk and Western Railway Company through condemnation pro- vided the State Corporation Commission of Virginia shall certify that a public necessity or an essential public convenience requires said taking and shall give its permissionthereto; and provided further Norfolk and Western Railway Company shall a~range for the conveyance to the City of the said parcel owned by Virginia Holding Corporation, which the City is agreeable to accepting in full and final satisfaction of the judgment or award of any condemnation commission for the taking by Norfolk and Nestern Railway Company of the aforesaid parcels through condemna- tion. NOW, THEREFORE, BE IT ORDAINED by the Council of the City Of Roanoke that that certain instrument in writing between Norfolk and Western Railway Company, ::1'46 Virginia Molding Corporation and City of Roanoke, mhiob mas road before Council assembled this 2nd day of November . 1959, and copy of which mas flied ulth the City Clerk, be and the same is hereby approved by this Council and that the proper City officials bo and they are directed to execute said agreement after the same has been executed by Norfolk and Western RaJlmay Company and Virginia Holding Corporation. The motion mas seconded by Mrs. Pickett and adopted by the follomiug votes AYES: Council members Anderson, Coroell, Dillard, Pickett. Webber, and the President. Mr. Wheeler ..................... NAYS: None ............................O. imf. Young not voting) TAXlCAMS: The City Clerk presented a petition from the Yellow Cab Company of Roanoke, Incorporated. and Checker Cab Company of Virginia, Incorporated. requestin9 that Chapter 1. Title XlX. of The Code of the City of Moanoke. 19§6. be amended to change the rate base for taxicab fares from one-half mile to One- third mile. thus grantin9 an increase la fares of taxicabs operatin9 in the city. pointing out that there has been no change in taxicab fares in the City of Moanoke since January 1. 1949, that tho rates applicable to taxicabs in the city are the lowest amon9 the ten Virginia cities with populations in excoss of 2S.000. and that the two corporations have been unable to operate at a profit durin9 recent years, the companies requesting that the rate increase be 9ranted. effoc- tire January 1. 1960. Messrs. M. P. Hazelgrove, Attorney for the Yellow Cab Company, Incorporated, and R. F. Pence. Attoroey for the Checker Cab Company, Incorporated. appeared before Council to discuss the petition and assured the body that they are available for discussion of the matter at the convenience of Council or a committee thereof. Mr. Young moved to refer the matter to a committee composed of Messrs. Roy L. Webber, Chairman. Arthur S. Owens and Harry R. Yarns for study and recom- mendation, the study to include all other taxicab companies operating in the city. The motion was seconded by Mrs. Pickett and adopted. SPECIAL PERMITS-STREEYS AND ALLEYS: The City Clerk presented a communica- tion from Moods. Rogers. Muse and Walker. Attorneys for the Shenandoah Life Insuranc Company and Sidney's. Incorporated. advising that a survey prepared by C. Malcolm and Son on July 23, 1956, disclosed that a building owned by the Shenandoah Life Insurance Company and leased by Sidney's, Incorporated, on a long-term lease. located on the southwest corner of Jefferson Street and Luck Avenue, S. encroaches upon the city street on the west side of Jefferson Street .07 feet at the north end of the building and .0~ feet at the south end of the building, and on the south side of Luck Avenue, $. W.. .22 feet at the eastern end and .19 feet at the western end of said building, that while the encroachments on Jefferson Street may have resulted from the remodeling of the building in 1955, the encroachments On Luck Avenue have been in existence since the building was first erected many years ago, that the encroachments were innocently and inadvertently made. probably because of errors in previous surveys, and requesting that Council grant to said ":[47 companies a license to maintain the encroachments under certain conditions, said license to be revocable by the city. Mtn Sidney F. Parham, Jr,, representing the attorneys for the petitioners, appeared in support of the request. Mr. Young moved to concur in the request and that the following Ordinance be placed upon its first reading: (#13883) AN ORDINANCE granting permission to Shenandoah Life Insurance Company and Sidney°a,lncorporated, to maintain certain building encroachments over the public sidewalk on the west line of South Jefferson Street south of Luck Avenue, S. M.. and on the south line of Luck Avenue, S. M.. west of South Jefferson Street upon certain terms and conditions. #HEREAS, Shenandoah Life Insurance Company is the owner, and Sidney*s Incorporated, Is the tenant, under a long term lease of a store building situate on the southwest corner of Jefferson Street and Luck Avenue in the City of Roanoke, which building was erected a good many years ago and was extensively remodeled in lg$S; and MHEREAS. a plat of survey made by C. D. Malcolm and Son, State Certified Engineers, on July 23. lgSH, and subsequent to the said remodeling, shows that the front or east wall of said building projects and encroaches over the sidewalk line on the west side of Jefferson Street 0.07 feet at the north end of the building and 0.08 feet on the south end thereof and that such projections and encroachments extend along Jefferson Street a va*y short distance only; and WHEREAS. the said survey also shows that the north wall of said building projects and encroaches over the sidewalk line on the south side of Luck Avenue, 5. W.. along the greater part of its length, the projection and encroachment at the eastern end being 0.22 feet and at the western end 0.19 feet; and NHEREAS. said encroachments appear to have been innocently and inadvertentl} made, likely due to minor errors in previous surveys; and WHEREAS, these encroachments are of such a minor nature so as notat this time to materially affect, abridge or destroy any of the rights of the public to use the streets aforesaid; and NHEREAS, Shenandoah Life Insurance Company and Sidney*s. Incorporated. have petitioned Council for authority to maintain said encroachments upon the terms and conditions hereinafter set out; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that per- mission be, and the same hereby is, granted to Shenandoah Life Insurance Company and Sidney*s, Incorporated, to maintain, subject to the terms and conditions here- inafter provided, the above described encroachments of the froot or west wall of the said building over the sidewalk line of Jefferson Street and of the north wall of the building over the sidewalk line of Luck Avenue, S. ~., as the same mom exist. provided, however, that the permission so granted shall be held and deemed to be a license merely and shall be revocable at will by this Council and shall immediatel cease and determine upon the removal or destruction of the existing ~uilding, and '148. provided further that the said Shenandoah Life Insurance Company and Sidney's, Incorporated, shall, by acting under this ordinance, be deemed to have agreed to indemnify and save harmless the City of Roanoke from all claims for damages to persons or property by reason of the existence or maintenance of the aforesaid encroachments. The motion mas seconded by Dr. Cornell and' adopted by the folloming rote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ................. 7. NAYS: None ............................On S1DEWALM, CURB AND GUTTER: The City Clerk presented a communication from Miss Rarle Haalewood, 2442 Restorer Avenue, S. W.. transmitting petitions for the construction of concrete sidewalk and concrete curb and gutter in the 2400 block of Restover Avenue, S. M., advising that the petitions mere filed with the Director of Public Works upon their receipt on October 20, 195g, in order to place them in line for consideration at the earliest possible date. Mr. Webber moved to refer the matter to the City Manager for administrative action. The motion was seconded by Mr. Young and adopted. SEMERS AND STORM DRAINS: The City Clerk presented a communication from the Garden Cit) Civic League, advising that on August 21, 1959, it filed with the City Manager a petition from residents of Garden City Boulevard. requesting that action be taken to prevent property damage due to the flow of storm waters on :Garden City Boulevard, S. E., from Sample Avenue and Hartsook Dm levard, and ce- iquesting that it be advised what action the city might take in the matter. The City Manager reported that the drainage problem complained of was brought about by the development of Mill Mountain Estates adjacent to the area, that the Department of Public Works has been and is continuing to discuss the matter mith representatives of Mill Mountain Estates in an effort to secure the construction of a storm drain to eliminate the problem, that city forces have repaired Garden City Boulevard to eliminate damage caused therein by recent storms, and that he is in hopes that the developers of Mill Mountain Estates will construct storm drain to carry the ftorm water across Garden City Boulevard to an adjacent reek, thereby eliminating the problem. Mr. Anderson stated that the subdivision law as contained in litle XVI, Chapter 2, Sec. 13 (d) provides that where a drainage problem exists or will he created by the development of land, the subdividers shall provide necessary faciliti for the elimination thereof which must be approved by the City Engineer, and moved to table the matter for further consideration upon receipt Of an additional report from the City Manager. The motion was seconded by Mr. Dillard and adopted. JUNIOR CHAMBER OF COMMERCE-PARKS AND PLAYGROUNDS: The City Clerk presented commu~ication from Roanoke Junior Chamber of Commerce. Incorporated, withdrawing 149 for official action and that since no such action has been taken the Jsycees belJer~ that their time, effort and financial resources should be concentrated on other community developments. In response to a question, the City Clerk advised that Council at its meet- ing of April 13, 19sg, concurred in the report of a committee, recommending, among other things, that the City Manager and the Director of Paths and Recreation he directed to study nnd recommend to the body n reasonably definite plan for the future development of the area situate atop Mill Mountain. The City Wanager advised Council that such a study is being conducted. Mr. Dillard moved to file the communicatinn. The motion uss seconded by Mrs. Pickett and adopted. STREETS ASD ALLEYS-SIDEWALK. CURD AND GH~TER: The City Clerh presented n communication from Mrs. E. M. Darbour, advising that she has received an offer from the City Engineer in the amount of $2.1SD.DD for a parcel of land off of the front of her property on Garden City Boulevard, S. E.. to be used for street widening purposes, and that if the matter can he settled at an early date she is uilling to accept $1,$DO.DO for the lnnd in question. The City Manager advised Council that the property in question uss ellminat~ from the uJdening program on Garden City Doulevard which was ~complished early in the year and that insofar as he knows no official offer has been made Mrs. Harbour subsequent to the original negotiations. Mr. Webber moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Mr. Young and adopted. PURCHASE OF PROPERTY-SCHOOLS-PARKS AND PLAYGROUNDS-STREETS AND ALLEYS: The City Clerk presented a communication from Miss Lottie F. Stewart. 2620 Guilford Avenue, S. W.. advising that the City Manager has been oegotiatiog mith her with reference to the acquisition of her property, to be used for the construction of a street from Guilford Avenue into Shrine Hill Park. and that she is opposed to the City taking her land for this purpose, particularly in view of the availability Of vacant lots on the street which could be used for that purpose. Miss Stewart advising that she has had her property appraised by competent real estate people uho have set a value of $16,500.00 on the property and that if the city is determini to acquire her property she feels she should get $17.000.00 therefor. The City Manager advised Council that he has had the property in question appraised and that his appraisers have set the value lower than that quoted by Miss Stewart, that at the present time he is negotiating with Miss Stewart in accordance with a directive of Council and has nothing definite to report at this time. Mr. Dillard moved to refer the matter to the City Manager for study and report, Yhe motion was seconded by Mr. Anderson and adopted. REPORTS OF OFFICERS: BUDGET-SIDEWALK, CURB AND CUTTER: The City Manager reported that in conse- quence of the action · Council at its previous meeting directing the preparation ~150 of · Resolution extending the contract of Hartwan Construction Company a~d A. D. Alford to provide for the construction of sidewalk along the propert7 of the Lincoln Terrace Housing Project in Northeast. for which an appropriation of $2,500.00 will be required, he his determined that there is approximately $10.OO0.DO of work in excess of that authorized under the contract ia queztion required to complete the construction of sidewalk, curb and gutter comuJtted to citizens who have deposited their funds with the city ~hls year, and requested that Council appropriate an additional $10.000.00, as well as ~he $2,500.00 ia question, and also authorize the' extension of the contract for the construction of concrete sidewalk, curb and gutter in the city by an additional $~O 0OO.OO. Mr. Rebber moved to concur in the request of the City Manager and offered- the following emergency Ordinance appropriating $12.5OO.OO f~r additional concrete sidewalk, curb and gutter construction during the current calendar year: (#13§84) AN ORDINANCE to amend and reordain Section gl40."Street Construction." of the 1959 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 23. Page 45H.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adapted by the following vote: AYES: Council members Anderson, Corflell, Dillard, Pickett. Rebber. Young, and the President. Mr. Rheeler ........ 7. NAYS: None ...................O. Mro Webber then stated that the policy adopted by Conncil on March 19, 1956. with reference to the order in which construction of sidewalk, curb and gutte~ should be accomplished, which permits the contractor to perform all the work in one area before moving to another area of the city rather than to construct projects ia the order that citizens put up their money, has brought about the con- dition requiring the City Manager to request the additional funds, andoffdred the following Resolution rescinding the said policy: (=13805) A RESOLUTION rescindin9 a directive heretofore given the City Manager on March 19. 1956, gelatin9 to the order of construction of concrete curbs and gutters. IFor full text of Resolution, see Resolution Hook No. 23, Page 458.) Mr, Webber moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornel1, Dillard, Webber, Young. and the President, Mr. Wheeler ................. NAYS: Rrs, Pickett ............. Rt. Webber then moved to direct the City Attorney to prepare a Resolution extending the contract of Hartman Construction Company and A. D. Alford for con- struction of concrete sidewalk, curb and gutter in the ~J~y by adding thereto an additional $10,OOO.00, The motion was seconded by Mr. Young and adopted. to be made of the drainage problem in the 1600 blocks of Maiden Lane and Westover Avenue. S. 1.. and presented n plan prepared by tbs 0apartment of Public larks involving the construction of approxlmstell 535 feet of 15-1ach storm drain at an estimated cost of $9.000.00, which he believes will eliminate the problem* the City Manager recommending that Council deftr action on this matter and consider it along with the 1960 budget. Mr. Young moved to concur in the recommendation of the City Manager. The motion was seconded by Mr. Dillard and adopted. BUDCEY-ANNEXATION: The City Manager requested an appropriation of $3,323.1 for payment to C. fl. Malcolm and Son for surveying the boundary of the proposed annexation area. Mrs. Pickett moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~138~6) AN ORDINANCE to amend and reordain Section 3155. "Annexation#, of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23. Page 459.) Mrs. Pickett moved the adoption of the Ordinance. Yhe 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. BUDGET-ELECTIONS: The City Manager requested an appropriation of $550.00 to wages in the Electoral Board account to provide funds for moving furniture and equipment from storage places to the various polls in the city and returning it in connection with the election to be held on November 3, 1959. Mr. Young moved to concur in the request of the City Manager and offered the following emergency Ordinance: (=13667) AN ORDINANCE to amend and reordaJn Section =132. "Electoral Board.' of the 1959 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No, 23, Page 459.) 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. BL~GET._BAIL COMMISSIONER: The City Manager reported that the appropriation for payment of commissions to the Bail Commissioner is exhausted and requested an additional appropriation of $950.00 to this account. Mr. Anderson moved to concur in the request Of tbs City Manager and;offered the following emergency Ordinance: 1§2 (n13688) AN ORDINANCE to amend and reordoin Section a20. 'Bail Com- missioner,' of the 1959 Appropriation Ordinance, amd proy.ldlng rot an emergency, (For full text of Ordinnnce, see Ordinance Dook No. 23, Psge 460.) Hr, Anderson moved the adoption of the Ordinance. The notion mas seconded by Mr. Dillard and adopted by the follomlng vote: AYES: Council members Anderson, Cornell, Dillsrd, Pickett, #ebber, Yonng, and the President, Mr. Mheeler .................. NAYS: None .............................O. STREETS AND ALLEYS-SIDEMAL£, CURD AND GUTTER-SCHOOLS: The City Manager reported that in conformity with a directive of Council at its meeting of October 21. 1957. he has negotiated with the attorney for the Ruff Estate for the pro- curement of necemary land to widen Duff Lane. N. M., on the west side, betmeen Vancouver Drive and Durham Street, and that he has finally received an offer from Mr. John O. Cart. Attorney for the Duff Estate. to donate a strip of land on the west side of Huff Lane. from Vancouver Drive to Durham Street, approximately 25-35 feet in mldth, and containin9 approximately 1-1 i/4 acres of land, provided the city will construct curb and gutter along the said street in exchange for the said land, the City Manager recommending that Council table this matter for consideration along with the 1960 budget. Rrm. Pickett moved to concur in the recommendation of the CiaI Manager. The motion was seconded by Mr, Webber and adopted. REPORTS: The City Manager presented a report of the Department of Public Welfare for the month of September, 1959. and reported other departmental reports file in his office, Dr. Cornell moved to file the report. The motion was seconded by Mr. Anderson and adopted. STADIUM-WATER DEPARTMENT-PARKS AND PLAYGROUNDS: The City Manager presented a tabulation of bids received by the Purchasing Agent on October 27. 1959, for concessions in the city's parks and other recreational areas, as follows: Washington Park. Nathaniel B. Gill. $200 plus 55 of gross receipts; Children's Zoo-Swing Ride and Pony Track. Noel J. Dalton. $100 cash on or before May 1, plus 105 Of gross receipts; Wasena Park. Lorena M. Routt, $50 per year; Carvtns Cove. W. B. Clemmer, $400 per annum in monthly payments Of $100 each**beginning June 1, 1960; Rockledge Inn (Mill Mountain). J. W. Godwin, 10~ of gross receipts; Children*s Zoo (Mill Mountain), J. W. Godwin. 155 of gross receipts; Victory Stadium. J. ~. Godwin. 20~ of gross receipts, the City Manager recommen'ding that, since no other bids were received and all bids received are reasonable ones, Council authorize acceptance of each of them. Dr. Cornell stated tbat he has hopes that the city will be able to improve the concession facilities at Carvins Cove and requested that the bid for concessions thereat, submitted by W. D. Clemmer, be held in abeyance until the City Manager can negotiate with Mr. Clemmer with a view of providing a concession contract for *osdble changes in the facilities. NF. Young moved to direct the City Attorney to prepare Resolutions accept- ing ali the bids except that of M. D. Clemmer for the Carvlns Cove concession, and that said bid be tabled until the City Manager can negotiate uith Hr, Clemmer and submit his report thereon, The motion mas seconded by Hr. Dillard and adopted. REPORTS OF COMMITTEES: PENSIONS: Council at its meeting of October 19. lgSg. hiving referred to a committee composed of Messrs. Walter L. Young, Chairman. Denton O. Dillard and C. M. Cornell the question of increasing the minimum of pensions paid to widoms of deceased members of the Police nad Fire Pension System for study and recom- mendation, the committee submitted its report, advising that its study of the question showed that the Police and Fire Pension System is almost wholly supported by the city from budgetary funds, that ali members of the Police and Fire Depart- ments employed since January 1. 1946. have been placed in the Employees* Retire- ment System, consequently, the Police and Fire Pension System is being phased out, that the $25.00 per month minimum pension now provided for wido#s of the deceased members of the System is inadequate in the light of present day conditions, and that since no actuarial consideration can be upset, the Committee recommends that Section 6. Chapter 2. Title III, of The Code of the City of Roanoke, 1956, be amended to provide a minimum pension of $50.00 per month for the widows concerned, advising that. based upon present pension rolls, such action will increase the annual cost to the city by $4,140.60, and that the City Auditor has advised that no appropriation will be required for the remainder of this year, the committee further recommending that Council consider a further study of the Police and Fire Pension System with a view of possibly increasing the minimum pensions paid to retired members thereof. Dr. Cornell moved to concur in the report of the committee and offered the following emergency Ordinance: (ml3~§q] AN ORDINANCE to amend and reordain Section 6. *Widows' of Chapter 2. 'Police and Fire Pensions Prior to January l, 1946' of Title III. ~Pension~ and Retirement' of The Code of the City of Roanoke. 19§6. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23, Page 460.) Dr. Coroell 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 .................. NAYS: None .............................O. FRANCHISES-APPALACHIAN POWER COMPANY: Council at its meeting of July 13, 1959. having appointed a committee composed of Messrs. Willis M. Anderson, Chairman. C. i. Cornell, Arthur S. Owens and Randolph C. Whittle to negotiate with the Appalachian Power Company for a new contract under which said company will furnish municipal lighting and power services to replace the contract that expired on October 31, 195g, the committee submitted its report, advising that it has been in :153 '.!54 negotiation with said company, but is unable at this time to present its recom- mendations for a new contract, and believesthat it mill.be advisable to extend the previous contract to the end of the year so that negotiations may continae without the pressare~ of on immediate deadline, Mm Pickett moved to concur in the report of the committee and to direct the City Attorney to negotiate with the Appalachian Power Compauy to secure an extension of the contract to December 31o 1q59, The motion was seconded by Mr, Yonng and adopted, UNFINISHED BUSINESS: BUDGET-DEPARTMENT OF PUBLIC RORRS: Council at its meeting of October 26, 1959, having tabled until the next regular meeting a request of the City Mm agar for the transfer Of $1.000,00 from the appropriation for Materials and Supplies in the Bridge Repair account to the appropriation for Materials and Supplies in the Street Signs and Markings account Of the 1959 budget, and having directed the City Manager to advise mhether or not any portion Of the funds to be transferred is'to be used for the purchase Of white traffic paint, the matter mas again before the body, The City Manager reported that no white traffic paint will be purchased with the funds to be ~ansferred, a sufficient quantity being on hand, the transfer being for the purchase of sign paint, lacquer, lacquer thinner, paint brushes and inci- dental supplies needed in routine operations for the remainder Of the year, Mrs, Pickett moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~13HgO) AN ORDINANCE to amend and reordain Section ~H2. *Street Signs and Markings** and Section mU3, *Bridge Repair," of the 1959 Appropriation Ordinance and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 23. Page 461.) 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, Webber, Bung, and the President. Mr. Mheeler ................. ?. NAYS: None ............................O. BURRELL MEMORIAL HOSPITAL: Council at its meeting of October 26, 1959, having tabled until its next regular meeting a report of a committee composed of Messrs. lillis M. Anderson, Chairman. C. M. Cornell. Arthur S. Owens, Randolph O. Whittle and Miss Bernice F. Jones concerning the request of Burrell Memorial Hospital for additional compensation for the treatment of patients cer[ified to the hospital as indigent, the matter was again before the bodl. The City Clerk presented a communication from the Board of Trustees of Burrell Memorial Hospital, advising that the recommendations contained in the report Of the committee do not eliminate the problem Of deficit operation on the part of the hospital in connection with indigent patients treated thereat whom the physicians will not discharge from the hospital within the time limit set by the Department of ~ubllc Welfare for their treatment, that the deficit of $14,211.U? as of August 31, 1959, as reported to Council by its committee, has now increased to $16,339.37 as of September 30, 1959, that the hospital is unable to meet its obligations, being forced to ask merchants of the city and area'to aunit paymen~ of their bills, that the deficit operatl6n 1~ further reflected in requests for creased funds each year from the United Fund. lom salaries paid to employees with the resultant loss of some of them. and inventory losses by reason of Its inability to replace u~lquated and worn out equipment, the Hoard of Trustees posin9 the folloming questions: I. Who is responsible for the care of Nedicnlly Xndigent Patients? The City of Roanoke? The Non-profit Hospitals of Roanoke?. II. What mould Council suggest as to the remedy for the dis- position of patients after the welfare's approved authori- zation has expired and it is felt by the ottendin9 physician that the patient's condition requires further hospitalization? IIX. Would Council endorse a policy wherein Just prior to the termination of the ulloted number of days approved for hospitalization by the Welfare Department for a certified indigent patient, the patient would be referred back to the City Physician's Office for disposition upon termination ~ the approved authorization? Then, as an additional protec- tion. if the City Physician feels that the patient's con- dition does not warrant out-patient OF convalescent care, the Welfare Department would then be in a position to approve additional days of care, IV. Would Council endorse the fact that an emeroency request for the admission of a medically indigent patient over the City Physician's signature would be approved for payment until the emergency no longer exists? stating that under the present procedures of the Welfare Department for certifica- tion of indigents the hospital is very often notified of such certification after the, patient bas stayed more than the days approved and even after the patient has been discharged from the hospital, thereby making it impossible for the hospital to discharge a patient at the termination of the time certified even if the con- dition of the patient warrants discharge, the Hoard of Trustees further pointing out that Burrell Memorial Hospital. a nonprofit organization, has no endowment from ~hich to pay these deficit operations, that it believes the city is responsible for hospitalization of indigents and should pay the total cost thereof, that the hospit~ cannot continue to operate under the present system without bankruptcy, and, con- sequently, requesting that Council further consider the request of Burrell Memorial Hospital for payment of the entire cost of hospitalization of all indigents for tho total time they remain in the hospital. After considerable discussion of the matter between the members of Council and representatives of the Hoard of Trustees of Burrell Memorial Hospital, Hr. Young moved to refer the matter back to the committee for further study and report, with particular reference to the administrative procedures followed in the handling of authorizations for indigent hospitalization, and to the difference, if any. in the procedures betmeen Burrell Memorial Hospital and the other hospitals in the city. The motion was seconded by Mr. Dillard and adopted. CONSIDERATION OF CLAIMS: NONE. 1§6 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT-STATE HIGRMAYS: Ordinuuce No. 13077, providing for the conveyance by the City of Roanoke to the Commonwealth of Virginia of. approximately 1.6 acres of land off the northerly portion Of the Roanoke Municipal Airport property for la the widening of Virginia State Route 117, having previously been before Council for its first reading, read and laid over, uas again before the body, Dr. Cornell offering the following for its second reading and final adoption: inl3bY?) AN ORDINANCE authorizing and directing the proper City Officials to give and convey unto the Commonwealth of Virginia approximately 1.6 acres of land off of the northerly portion of the Airport property for use in uldening Virginia Route 117. (For full text of Ordinance. see Ordinance Book NO, 23, Page 457.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by dr. Mebber and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young, and the President. Mr. Mheeler .................. WAYS: None .............................O. PURCHASE OF PROPERTY-SCHOOLS-STREETS AND ALLEYS: Council at its meeting of October 26, 1959. having directed the City Attorney to prepare the proper papers to provide for the closing of a portion of Hart Avenue, N. M., and an alley lying ~etween Hart Avenue and Orange Avenue. through city-owned property, adjacent to ithe Booker T. Washington Junior High School, Mrs. Pickett ~fered the following (313U91) I RESOLUTION providing for the permanent closing, vacating and iiscontinuing of a certain westerly portion of Bart Avenue. N. W,, (formerly Eagle ~treet), and all of a certain alley lying between Lots 3 to 10, inclusive, on the north, and Lots 11 through 15, on the south, as shown on the map Of Clyde Land Company, in the City Of Roanoke. (For full text of Resolution, see Resolution Book No; 23. Page 461.) Mrs. Pickett mored the adoption of the Resolution. 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. Rheeler ................. NAYS: None .............................O. AIRPORT: Council at its meeting of October 26, 1959, having directed the preparation of a Resolution inviting Piedmont Airlines. Incorporated, to establish a maintenance shop for its aircraft at the Roanoke Municipal Airport, Dr. Cornell offered the following Resolution: (~13U92) A RESOLUTION inviting Piedmont Airlines, Incorporated to establish maintenance shop for its aircraft at Roanoke Municipal Airport (Woodrum Airport). (For full text of Resolution, see Resolution Book No. 23, Page 462.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded ,y Mr. Dillard and adopted by the following vote: AYES: Council members Anderson. Coruell, Dlllnrd, Pickett, Webber, Young. and the President, Mr. Wheeler-; ................ ?. WAYS: None ........~ .................... O. BUDGET-HOUSING-SIDEWALK.' CURB AND GUTTER: Council at its meeting of October 26, 1959. having directed the preparation of a Resolution providing for the construction of sidewalk on Liberty Road, N. E., along the *property of Lincoln Terrace Housing Project, at an estimated cost of $2,500o00. Mr. Anderson offered the following Resolution: (ClaD93) A RESOLUTION extending the contract of February R, 1959. between Hartmun Construction Company and A. B. Alford 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 Wa. 23, Page 463.) Mr. Anderson moved the adoption Of the Resolution. 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 .................. ?. WAYS: None .............................O. PURCHASE OF PROpERYY-SCHOOLS-PARKS AND pLAYGROUNDS: Council at its meetin9 of October 26, 1959. having directed the preparation of an Ordinance authorizing the School Board to construct an elementary school in Welford Hurt Park. Mr. Young moved that the following Ordinance be placed upon its first reading: (~13U94) AN ORDINANCE authorizing The School Board of the City of Roanoke to construct an elementary school in Welford Hurt Park. WHEREAS, the School Board has requested authority to construct an elementar school in Welford Hurt Park. which request has been approved by the Planning Com- mission and is agreeable to this Council. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that authority be. and such authority is hereby, granted unto The School Board of the City of Roanoke to construct an elementary school in Welford Hurt Park. The motion sas 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. BUDGET-RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Council at its meeting Of October 26. 1959, having directed the preparation Of a Resolution authorizing the City Manager to expend $1.13D.00 for grading a football field at the south end of the Huff Lane School property, Br. Cornell offered the followi~ Resolution: (gl3§qs) A RESOLUTION authorizing the City Manager to expend $1,13D.00 for grading a football field on the Huff Lane School site. (For full text of Resolution. see Resolution Book NO. 23. Page 464.) - :l'57 !58: Dr. Cornell moved the adoption of the Resolution. The mgtio~ nas seconded by Hr. Anderson and adopted by the following rote: AY£S~ Council members Anderson. Corn,Il. Dillard. Pickett. Webber. Young. and the President. Hr. Nh,clef .................. ?. NAYS: Nooe ............................. O. ANNEXATION: Couaeil at its meeting of September 20. 1959. having directed the preparation of an Ordinance providing for the annexation of certain territory from Roanoke County. Hr. Webber moved that the following Ordinance be placed upon its first Fending: i#13896) AN 02OINANC£ to petition the Circuit Court of Roanohe County. Virginia. pursuant to the provisions of Chapter D. Title 15. of the Code of Virginia. 1950. 1956 Replacement Volume. as amended, for the annexation of certain territory lying and being in Roanoke County. Virginia; setting forth the necessity for and expediency of such annexation and the metes and hounds and size of such area; to indicate generally the subdivisions, the farm areas, the vacant areas. the residential areas, and the industrial areas and others sought to be annexed. together with any other general information deemed relevant as to the'possible future uses of the property within the annexation area; to state generally the terms and conditions upon which annexation is sought and the provisions planned for the future improvement of the annexed territory, including provisions for public utilities and services therein; and to authorize the institution and conduct of'the necessary legal proceedings to effectuate said annexation, (For full text of Ordinance, see Ordinance Book NO. 23. Page 470.) During a discussion of the Ordinance, Oro Corn,Il stated that since he has not been told the cost involved in connection with the proposed annexation and has had no voice in establishing the area concerned; since no referendum has been held to take the sense of the people nor have they been advised that taxes in the territory to be annexed from the county will have to be repaid to the county for the five years succeeding annexation; and since promises as to improvements made to the people in the 1949 annexation area have not been kept, he cannot support the Ordinance. Mr. Dillard stated that he, too, cannot support the Ordinance because the proposed annexation has not been approved by the people, that he has.had no voice in fixing the boundary and does not know the costs involved, that the city is not following the state policy that urban areas should be under city governments and rural areas, under county governments, and that he cannot see how the city can win the annexation suit which he stated will be an expensive undertaking and a great endeavor that should be submitted to the people In a referendum. Messrs. Webber. Young and Wheeler.pointed out that all members of Council have had all information concerning the area proposed to be annexed and the esti- mated cost as prepared by the consultants available to them, that the final costs and the area involved will necessarily be set by the three judge court which will hear the case, and that only at that time can the question of approval by the people be submitted in a referendum. pomaded and at that time he hud agreed to support a reasonable annexatioo uhen proposed and Justified, that mhen the city was originally incorporated in lBO4 it had only one square mile and would still be that size, had not successive Councils annexed additional territory, that vindication of this particular annexation pro- ceeding mill necessarily come in years ahead, and that should the annexation, at the conclusion of the court proceedings, based upon the court*s decree, be too expensive, the city will not be obliged to accept the territory, but can mithdrau. The motion was seconded by Mr. Young and adopted by the follouing vote: AYES: Council members Anderson. Pickett. Webber. Young. and*the gresident, Hr. Wheeler ............................ 5. NAYS: Council members Cornell and Dillard ..... MOTIONS AND MICSELLANEOUS BUSINESS: TRAFFIC-BUILDING DEPARTMENT: Mr. A. F. Wagner appeared before Council and stated that be is making his annual appearance in connection with a traffic light at the intersection of Seventeenth Street and Orange Avenue. N. M.. and that he is not satisfied with the solution previously proposed by the City Manager and approved by Council. Or. Cornell moved to defer the matter for consideration along with the 1960 budget. The motion was seconded by Mr. Dillard and adopted. Mr. Nagner Sen stated that the city has no law governing the installation of heating systems in private homes, and he feels that something should be done about it. Mr. Wauner was advised by the Mayor to put his request in writing and delivered it to the City Clerk for consideration of Council. LICENSES: Dr. Corflell stated that in his opinion retail and wholesale merchants license taxes should be reduced, which taxes are the highest in the state and are causing merchants to move out of the city into the county, Dr. Cornell suggesting that a committee be appointed to study the matter. Yhe Mayor pointed out that Mr. Young. Chairman of the Industrial Committee of Council, has appointed a committee to study the question of the city*s tax structure with particular reference to its effect upon efforts to attract new industry and business to the city, and he believes that the matter is under study. Mr. Dillard moved to refer the question of the effect of the city's high license tax on retail and wholesale merchants as raised by Dr. Cornell to the committee appointed by Mr. Young, composed of Mr. Willis M. Anderson, Chairman, Dr. C. M. Cornell, Mr. J. Robert Yhomas, Mr. Harry R. Yates, and Mr. Arthur T. Ellett. to be included in their report, The motion was seconded by Mr. Young and adopted. There being no further business, Council adjourned. APPROVED COUNCIL, SPECIAL MEETING, Thursday, November 5, 1959, The Council of the City or Roanoke met in special meeting in the Council Chamber in the Municipal Building, Thursday, November S, 1959, at 12:00 o'clock, noon, for the purpose of receiving and opening bids and awarding the sale of $3,000,000.00 Public School Bonds, Series *KK," of the City of Roanoke, Virginia, dated December 1,19~9, with the President, Mr. Wheeler, presiding. PRESENT: Council members Anderson. Cornell. Dillard, Webber. Young, and the president, Mr. Mbeeler ......................... 6. ABSENT:-Mrs. Pickett ....................... 1. OFFICERS PRESENT: Mr Arthur S. Owens. City Manager. Mr Randolph 6. Whittle. City Attorney. Mr. Harry R. Yates, City Auditor. and Mr. J. Robert Thomas, City Clerk. EO~DS-SCHOOLS: Pursuant to the provisions of Resolution No. 13060, adopted by Council on the 12th day of October, 1959, and the following advertisement: *October 21. 1959 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, Thursday. November 5. 1959 (at which time they will be opened in the Council Chamber. 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 following bonds: $3.000,000.00 PUBLIC SCHOOL BONDS. SERIES #KK.# of the denomination of $1,000.00 each. dated December 1. 1959 payable serially in numerical order $100,000.00 bonds on the 1st day of December in each of the years 1960 to 1909. inclusive, without option of prior redemption. The bonds will bear interest payable semiannuallT on June I and December 1. Bidders are requested to name the rate. or rates, of interest to be borne by the bonds expressed in multiples of one-eithth 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 consec- otlve whole maturities and shall not be repeated. Doth principal and interest are payable in lawful money of the United States of Americana the Office of the Treasurer of the City of Roanoke, Virginia. Or at the Manufacturers Trust Company. New York City. New York. at the option of the holder. The bonds will be sold to the lowest responsible bidder on the basis of the lowest 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 will be computed by determining the interest to maturity at the rate or rates specified by the bidders and deducting therefrom any premium offered. The bonds are not registrable as to principal or interest. The bonds are to be issued in coapon form, and their legality approved by Messrs. Wood, King and Dawson, New York City. whose legal'opinion will be furnished to purchasers without charge. A complete transcript of proceedings covering all details required in the proper issuance of these bonds sill be furnished the successful bidder for his files. Bonds will be printed by and at the expense of the City. Delivery of the bonds, properly executed, will be made to the successful bidder at the Manufacturers Trust Company. New Tork City. New York, on December 1, 1959. or as soon thereafter as the bonds may be prepared. Bids (on the form therefor obtainable from the City Clerk) must be submitted in sealed envelopes marked *Proposal for Bonds.u addressed to J. Robert Thomas, City Clerk. Room 214, Municipal Building. Roanoke, ¥1rgJola, and must be accompanied by a certi- fled or coshier*s cheeh payable ko the City of Rounokeo Virginia, for $60.000.00. 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 all bids. The opinion of #essrs, Wood. £iog and Dawson, approving the vafldity of these bonds, will recite that 'the bonds con- stitute valid and legally binding obligations of the City of Roanoke, and that said City has power'and Is obligated to levy Rd valorem taxes for the payment 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 will be furnished a report of essential fa~ts 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 twelve bids for the bonds as advertised. T'he President, Mr. Mheeler, asked if any bidder present did not fully understand the proposal, or had not been given an opportunity to submit a bid, or if there were any questions on the part of tLose who bad submitted proposals relatire 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 with the opening of the bids. After the opening and reading of the bids, on notion of Mr. Mebber, seconded by Mr. Young and adopted, they were referred to Mr. Harry R. Yates. City Auditor, for tabulation and report to Council as promptly as possible. Mr. Nebber then moved to recess the meeting until 1:30 o'clock, p. m. The motion was seconded by Mr. Young and adopted. At 1:30 o'clock. Council reassembled, with the President in the Chair. PRESENT: Council members Anderson, Cornell, Webber. Young, and the President. Mr. Wheeler .............................. 5. ABSENT: Council members Dillard and Pickett .........2. The City Auditor submitted a tabulation of the bids, showing the bid of Halsey, Stuart and Company. Incorporated, and Associates, with an aggregate bid of $3,001,000o00, and coupon rates of 3.25% interest per annum on $1,300,000.00 Of bonds due in the years 1960 to 1972. inclusive, and 3.50% interest per annum on $1,TO0,O00.O0 of bonds due in the years 1q73 to 190q, inclusive, with an effective rate of 3.4459247. as the lowest bid; whereupon, Mr. Anderson offered the following Resolution providing for the sale of $3,000.000.00 Public School Bonds. Series ~RR,* of the City of Roanoke. Virginia, dated December 1, 1959. to Halsey, Stuart and Company, Incorporated, and Associates: (~13fl97) A RESOLUTION to sell to Halsey, Stuart and Company, Incorporate. and Associates, $3,000,000 of the $8.000,000 of Public School Bonds, Series of the City of Roanoke. Virginia, at the bid submitted; rejecting all other bids; directing that the $60.000 check accompanying the successful bid be deposited by t! City Treasurer and credit therefor be alloMed on the purchase price of the bonds; end directing that the certified or cashier's check of all other bidders be forth- with returned. (For full text of Resolution, see Resolution Book No. 23, Page 465.) i62 Mr. Anderson moved the adoption of the Resolution. The motion Mas seconded by Mr. Young and adopted by the f,Il,ming rote: AYES: Council members Anderson. Corn,Il. Mebber, Young, and the President Mr. Nheeler ..................................... S. NAYS: None ............................O. (Council members Dillard and Pickett absent) There being no further business, Council adjourned. APPROVED President ASSENT: None ....................O, OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Rhittle, City Attorney, Rro Harry R. Yates, City Auditor, and Mc. Jo Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Paul R. ~hlte, Pastor. Ninth Street Church of the Brethren, MINUTES: Copy of the minutes of the special meeting held on Thursday, November 5, 1959, 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock. p. m., November 9, 1959, in the Council Chamber, on the request of Bessie Cox Martin and the Appalachian Power Company that a portion of an alley running in a north-south direction between First Street and Second Street, S. W** lying between Franklin Road and Day Avenue, be vacated, discontinued and closed, and notice of the hearing having been published in The Roanoke Morld-News on October 23. lgsg, 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° Sidney F. Parham, Jr** Attorney for the petitioners, appeared before Council and requested that the petition of his clients be granted. Mrs. Pickett moved to concur in the recommendation of the City Planning Commission and offered the following Ordinance: (~laflg8) AN ORDINANCE permanently vacating, discontinuing and closing a portion of a public alley in the City of Roanoke, Virginia, running in a north- south direction between First and Second Streets, S. #** uhlch alley lies between Franklin Road and Bay Avenue, So NREREAS, Bessie Cox Martin, et al** have 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 due notice of the filing of said petition was given to the public as required by law; and NREREAS, in accordance with the prayers of the petition, viewers were appointed by Council to view the property and report in writing whether in their ,-164 opinion any and. if any. mhat inconvenience mould result from permanently discontinuing and closing the hereinafter described portion of the alley; and MHEREAS, it appears from the report in mrlting filed by said viemers in this proceeding (filed uith the City Clerk together uith the affidavit of. said vlemers on the 6th day of October, 1959) that no Inconvenience mould result either to any individual or to the public from permanently vacating, discontinuing and closing said portion of the alley; and RHEREASo the City Planning Commission has recommended to the Council in mriting that the petition be granted and that the hereinafter described portion of the alley be pernnnently vacated, discontinued and closed; and RItEREAS. it further appears that the petitioners have agreed to bear and defray the costs incident to this proceeding; and WHEREAS. a public hearing on the aforesaid petition of Bessie Cox Martin. et al** was held by Council in the Council Chamber of the Municipal Building on November 9. 1959. at 2 o'clock. P. M.. after notice thereof duly published in The Roanoke World,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 o portion of th alley; and WtlEREAS. 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 vacated, discontinued and closed to the extent hereinafter provided; and WHEREAS. by Ordinance No. 13716. adopted May lO. 1959. Council heretofore permanently vacated, discontinued and closed the southerly portion of the north- ~ uth alley hereinafter described. TItEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following described portion of a certain alley in the City of Roanoke. Virginia, running in a north-south direction between First and Second Streets. S. #.. and lying between Franklin Road and Day Avenue. S. ~.. viz.: BEGINNING at o point on the west line of the alley at a common corner to lands of Appalachian Power Company and Charles L. Pitzer. et al.. and on the north llne of that portion of the aforesaid alley closed by Ordinance 13716 of the Council of the City Of Roanoke; thence with the west line of the alley and the Pitzer line N. 0o 04* E. 39.46 feet to a point on the south line of a certain other public alley running mesterly from First Street; thence with the last mentioned alley N. O?n 15J39 feet; thence $. 2o lO* E. to a point Of curve on the easterly line of the first mentioned alley; thence with the easterly line of said alley in a generally southerly direction to the north line of that portion of the alley closed by Ordinance 13716; thence witb the same N BT° lb* W 10.02 feet to the beginning; BEING all of the aforesaid north-south alley not vacated by Ordinance 13716 of the Council of the City of Roanohe and which lies south of the sooth line of the alley which runs westwardly from First Street S W to the line of the aforesaid Pitaer property, be, and said portion hereby is, permanentl~ vacated,' discontinued and closed and that all right, title end interest of the City of Roanoke and the public in and to said portion of on alley as soch are hereby released insofar as Council is empowered so to do. the City of Roanohe, however, reserving unto Itself a per- petual public easement in said vacated portion of the alley for existing poblic sener lines, storm drains or water mains and the right of ingress and egress over said land for the maintenance, operation, repair, renemal or replacement of the same. BE IT ~URTH~R ORDAINED thatthe City Engineer be, and he hereby is, directed to mark "permanently vacated, discontinued and closed' on the above k described portion of said alley on all maps and plats on file in the office of the City Engineer of the City of Roanohe 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 IT FURTt~ER ORDAINED that the Clerk of this Council deliver to the Clerk of the Ilustings 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 which is shown the portion of an alley herein permanently vacated, discontinued and closed, as pro- vided by law. MFS. Pickett moved the Ordinance on its first reading. The motion was seconded by Mr. Young and adopted by the following vote: A¥~5: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ........... 7. NAYS: None ............................O. ZONING: A public hearing having been set for 2:00 o'clock, po m., November 9, 1959, in the Council Chambe~ on the request of Wl. Oeorge E. Lester, et al** and the recommendation of the City Planning Commission that Lots 1-16, inclusive,,Bloch 35, West End and Riverview, located on the south side of Patterson Avenue and the north side of Chapman Avenue, S. W., between Nineteenth Street and Twentieth Street, be rezoned from General Residence District to Light Industrial District, and notice of the hearing baying been published in The Roanoke World-News on October 23, 1959, the hearing was held at which m one appeared in opposition. Mr. tldman Willis, Jrt, Attorney for the petitioners, appeared before Council and requested that the petition of his clients be granted on the basis of the recommendation of the City Planning Commission. Mr. Webber moved to concur in the recommendation of the City Planning Commission and offered the following Ordinance: (~13899) 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. 165 · 166 rR~REAS, application has been made to the Council of the City of Roanoke to have Lots 1-8. inclusive, Rlock 35, as shown by the rap of rest End and River- view Land Company, rezoned from General Residence District to Light industrial District; and RR£REAS, the City Planning Commission has recommended that the above parcels of land be rezoaed fro~ General Residence District to' Light Industrial District as requested, and also that Lots 9-16, Inclusive. Dlock 3S, as shown by the Hap of West End and Rlverview Land Company, be rezoned from General Residence District to Light Industrial Di'strJct; RR£R£AS, notice required by Title X¥o Chapter 4, Section 43, of The Code of the City of Roanoke** 1956, relating to Zoning, has been ~ublished in Roanohe rorld-Neus,' a newspaper published in the City of Roanoke, for the time required by said section; and WBER£AS, the hearing as provided for in said notice published in the said newspaper Was held on the 9th day of November, 1959. 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 all parties in interest and citizens in the affected area were given an opportunity to be heard both for and against the proposed rezonin9; and WHEREAS, this Council, after considerin9 the evidence presented, is of the opinion that the aforesaid lots should be rezoned as recommended, YilEBEFORE, 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 Patterson Avenue, So r., between 19th Street and 20th Street, and property located on the north side of Chapman Avenue, S. r., between 19th Street and 20th Street, described as Lots 1-16, inclusive, Block 35, as shown by the gap of West End and Riverview Land Company, designated on Sheet 131 of the Zonin9 Rap as Official Tax Nos.: Lot I 1313508 Lot 2 1313507 Lot 3 1313506 Lot 4 1313505 Lot 5 1313504 Lot 6 1313503 Lot ? 1313502 Lot 8 1313501 Lot 9 1313516 Lot 10 1313515 Lot I1 1313514 Lot IZ 1313513 Lot 13 1313512 Lot 14 1313511 Lot 15 1313510 Lot 16 1313509 be, and is hereby, changed from General Residence District to Light Industrial District and the Zoning Rap shall be changed in this respect. Dr. Webber moved the Ordinance on its first reading. The motion was seconded by Mr. Young and adopted by the following rote: 167 / AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Hr. Mheeler ............ ?. NAYS: None .....................~ ...... O. PI/RCUASE OF PROPERTY-PARKS AND PLAYGROUNDS-STREETS AND ALLEYS: Mr. V, H, Garnand. representing the Garden City Civic League, appeared before Council, advising that Mrs. Carrie C. Scott, Rr..D. P. Reynolds, Mrs. Winnie Reynolds and Mrs. Susie Sisson hare agreed to donate five feet off Of their property located on the south side of Mabry Avenue, S. E** for the widening of the said street. provided the city will uiden the street and construct curb and gutter along the side of their property between Garden City Boulevard and Garnand Branch, Mr. Garnand reqoesting that Council accept the offers of these citizens and widen said street, in order to relieve a drainage problem, The Mayor stated that the City Manager bas a report and recommendation in this matter for Council which will be taken up later in the meeting. Mr. Garnand then advised that the Garden City Civic League has acquired from U, C. and Lelia U, Light an offer to convey to the city two parcels of land owned by them designated as Official Tax No 4380302, containing 8.12 acres, and No. 43D0308, containing 11.54 acres, located in Garden City, for a price of $15,000o00, and recommended that the land be acquired for park purposes, it being the only remaining tract of any size available in the community suitable for that purpose, Dr. Cornell moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr, Dillard and adopted, PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS-INDUSTRIES: The City Clerk presented a communication from the Norfolk and Western Railway Company, requesting that portions of Twenty- adjacent thereto, lying in and adjacent to Fallon Park, and the land of the Virginia Holding Corporation north of Dale Avenue; also, a portion of Eastland Avenne, S. E., Kenwood Honlevord and all of South Street lying south of Dale Avenue and running through the property of the Virginia Holding Corporation, be vacated, discontinued and closed, it being the intent of the Railway Company to construct a connecting railway line between the Norfolk and Western Railway Company and The Virginian Railway Company through the property concerned, the Norfolk and Western Railway Company further requesting that Council adopt a Resolution authorizing the proper City officials to join in an agreement for the closing of the streets and alleys adjacent to Fallon Park. Mr. Webber moved tv concur in the request for the city to join in the agreement and offered the following Resolution: (~13900) A RESOLUTION authorizing and directing the proper City officials to execute an instrument in writing, pursuant to the provisions of Section 15-766.1 of the l~SO Code of Virginia, as amended, relating to the vacatin -.: 168 of 23rd Street, S, E,, and certoln portions of Edge Bill Arenne. Carr Arenue and Old Dale Avenue and of certain alleys adjacent to the sase. (For tull text of Resolution, see Resolution Boob Bo. 23, Page 490) Br. ~ebber moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council Rembers Anderson. Cornell, Dillard, Pickett, Nebbe~ and the President, Br. Bheeler ....................... 6, NAYS: None ............................. O. (Mr, Young not voting) Mr, ~ebber then Bored to refer the request for the closing of the streets and alleys to the City Planning Commission for study and recommendation and to set a public hearing in the matter for 2:00 o'clock, p. m., November 23, 1959, 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. Anderson and adopted. STREET LIGHTS: The City Clerk presented a report of the Appalachian Power Company. covering the installation of thirteen 21000lumen, three lO0001umen, two 6000 lumen and one 2500 lumen street lights, and the removal Of one 6000 lumen and one 2500 lumen street lights in the city during the month of October, 1959, Mr, Young moved to file the report. The motion was seconded by Mr, Anderson and adopted, REPORTS OF OFFICERS: TAXES-SCBOOLS: The City Manager reported to Council that to provide for payment of the principal and interest Of $3,000,000o00 Public School Bonds sold on November 5, 1959, it will be necessary to increase the tax rate from $2*TH per $100o00 of assessed value to $2,B6 per $100,00, and recommended that Council amend the City Code to provide for that increase, effective January 1, lgGOo Mr. Young moved to concur in the recommendation of the City Manager and offered the following Ordinance: (~13901) AN ORDINANCE to amend and reordatn 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 estate and improvements thereon, upon all items of household tangible personal property enumerated in Section 5H~H29 (g), (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 stock of corporations operating railroads by steam, and upon all other tangible personal property in the City. not exempt from taxation by low, WB£REAS, a thirty-six cent increase in the $2,$0 tax rate provided for Section 2, subsection (1)0 of the City Charter upon the classes Of property herein- after 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, :169 THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that Section I of Chapter I of Title Vf 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, amended and reorduined to provide us foil*ms: SecT 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 lgGO tax year, and annually thereafter until otherwise provided, upon all real estate and improvements thereon, upon all items of household tangible persona] property enumerated in section 55-HRg (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 public service corporations except rolling stock of corporations operating railroads by steam. upon all other tangible personal property in the city, not exempt from tanation by law, a tax of $2.86 on erery one hundred dollars of assessed value thereof. to provide revenue for the support of the city government, the payment of principo 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, Mr. Young moved the Ord Jmnce on its first reading. The motion was seconded by irs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell. Pickett, Webber. Young. and the President, Mr. Wheeler ............... NAYS: Rr, Dillard .............1, BUDGET-CITY ATYORNEY: The City Manager advised that the appropriation for Salary, Extra Employees in the City Attorney account of the 1959 budget is insufficient and requested that $250.00 be appropriated to this account for the remainder of the year. Mrs. Pickett moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~13g02) AN ORDINANCE to amend and reordain Section n4, "Attorney," of the 1959 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. Page 491.) Mrs. Pickett moved the adoption of the Ordinance. The motion'was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard. Pickett. Webber, Young, and the President, Mr. Wheeler ............ NAYS: None ............................O, BUDGET-ANNEXATION: The City Manager requested an appropriation of $3,361.77 to provide for the payment of $2,gfl6.77 to C, D. Malcolm and Son for services rendered in surveying the proposed annexation boundary, and $375.00 to Woodrum and Gregory for legal services in connection uJth the proposed annexation, offered the following emergency Ordinance: (z13903) AN ORDINANCE to amend and reordain Section n155, 'Annexation,' or the 1959 Appropriation Ordinance, and providing for an emergency. (For full tent of Ordinance, see Ordinance Oook mo. 23, Page 492.) Mr. Anderson moved the ~doption of the Ordinance. The motion was seconde by Mr. Young ~ d adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ....... * .... 7. NAYS: Wone ..................~ ......... O. STORM ~RAINS: The City Mahager reported that he has initiatedplans for the channelling of drain water from Sample Avenue and Darts*ok Boulevard, S. £. to the creek across Garden City Boulevard, which should solve the problem complaine of by the Garden City Civic League in its communication to Council at the meeting of November 2, 1959. Mr. Anderson moved to concur in the report of the City Manager. The motion was seconded by Dr. Corm, Il and adopted. WATER DEPARTMENT: The City Manager reported that Mr. C. B. Clemmer has agreed to abrogation of the contract for concessions at Carvins Cove beginning January 1. Ir60. on which his bid was submitted to Council at the meeting of Wovember 2. 1959. in the event he i$ awarded said contract and the city subsequentl makes improvements to the concession stand at Carvins Cove during the period of his contract. Mr. Webber moved to file the report. The motion was seconded by Dr. Corm,Il and adopted. CEMETERIES-CITY FARM-TUBERCULOSIS SANATORIUM: The City Manager reported that the original $5.000.00 appropriation made for moving the cemetery from the old Almshouse Farm to Coyner Springs is insufficient for the completion of the work involved and requested an additional $2.?00o00 appropriation for that purpose. the City Manager advising that as of November 5. 1959. 452 graves had been moved. with between 50 and 100 unmarked graves yet remaining, and that the total cost will be considerably below the one bid received for the work. Mr. Young moved to concur in the request of the City Manager and offered the following emergency Ordinance: (#13904) AN ORDINANCE to amend and reordain Section =54, *City Rome,u of t~e 1959 Appropriation Ordinance. and providing'for an e~ergency. (For full text of Ordinance. see Ordinance Book No. 23. Page 492.) Mr. Young moved the adoption of the Ordinance. The motidn was seconded by Ur. Cornell and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Mebber. Young. and the President. Mr. Wheeler ............ NAYS: Won, ............................O. said property to the city at that price, thc city to construct at its expense curb and gutter along the front of her property in accordance with standard specifications, the City Manager recom mending the acceptance of the offer. Mr, Dillard moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~13905) AN ogDINANCE authorizing and directing thc acquisition of a IS-foot side strip of land on the east side of Garden City Boulevard, So containing 2,178.O square feet. from Willie T. Barbour upon certain terms and conditions and providing for an emergency. (For full text of Ordinance, see Ordinance Book Non 23. Page Mr. Dillard moved the adoption of the Ordinance. The motion sas seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pichett, Webber, Young, and the President, Mr. Wheeler---?. NAYS: None ...................O. The City Manager then reported that Mr. L. L. Ford has agreed to convey to the city a 15-foot strip of land across the front of his property for the widening of Garden City Boulevard, S. E., for $500.00 cash, plus the construction of concrete curb and gutter along the front of his property, and recommended the acceptance of the offer. Mr. Young moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~13906) AN ORDINANCE avthorizing and directing the acquisition of a l$-foot wide strip of land on the east side of Carden City Boulevard. S. containing ?SO.O square feet, from Lawrence Lo Ford, Sr., et axe, upon certain terms and conditions and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23. Page 494.) Mr. Young moved the adoption of the Ordinance. The motion sas seconded by Br. Cornell and adopted by thefollosing vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber, Young. and the President, Mr. Mheeler---7. NAYS: None ...................O. The City Manager also advised that it will be necessary to appropriate $3,500.00 to purchase the properties of Mrs. Barbour and Mr. Ford and to perform the necessary construction. Nra. Pickett offered the following emergency Ordinance appropriating $2,000.00 to Rights of Ray and $1,500,00 to Contractors In the Street Construction account: (n13907) AN ORDINANCE to amend and reordain Section #140, *Street Construction,u of the 1959 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance nook No. 23, Page 495,) Mrs. Pickett moved the adoption of the Ordinance, The motion mas second* by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Corn*Il. Dillard, Pickett, MebbeF, Youn and the President, #r. Rheeler NAYS: None ...................O. SYREETS AND ALLEyS-SID£RALK, CURB AND GUTTER: The City Manager reported that Mrs. Carrie Scott, 3406 Garden City Boulevard, S, E,, B, Po and {innie Reynolds, 3403 Troxell Road, have offeredto convey to the city five feet off of their property lying on the southerly side of gabry Avenue. S. E., between Garden City Boulevard and Garnand Branch, for street widening purposes, provided the city will construct concrete curb and gutter along their property when the street is widened at that point, the City Manager recommending the ~cceptance of the offers, advising that the street widening and curb and gutter work will cost approximately $2,310,00, which he proposes to accomplish next year. Mr. Young moved to direct the City Attorney to prepare an Ordinance accepting the offers as recommended by the City Manager. Yhe motion was seconded by Dr. Cornell and adopted. PURCHASE OF PROPERTY-SCHOOLS-pARKS AND PLAYGROUNDS-STREETS AND ALLEYS: The City Manager reported that he has studied the question of acquiring the property of Miss Lot~e F. Stewart, 2628 Guilford Avenue, S. W,, which was referred to him by Council at its meeting of November 2, 1959, in connection with plans for SEne Hill Park and the schools to be erected therein, and that in his opinion it would be impractical to connect the proposed street through the park to Guilford Avenue at any other location, the City Manager. consequently, recommending the acquisition Of the property of Miss Stewart at a reasonable cost in order to carry out the proposedplans and programs of the Roanoke City School Board, Mr. Webber moved to table the matter for further consideration. The motion was seconded by Mr. Young and adopted. MASTER PLAN-STORM DRAINS: The City Manager reported that pursuant to th~ directive of Council at its meeting of April 13, 1959. Hayes, Seay, Mattern and Mattern. Architects and Engineers, have prepared a study of storm drainage requirements for the Nilliamson Road area, and have submitted a report dated October 22, 1959, of such study and the~ recommendation, which report he submitted to Council. showing an estimated cost of $9.?07,000o00 to provide an adequate drainage system for the Mllliamson R.ed area, end recommending that the initial construction to serve Areas A and C be undertuhen in the immediate future ut an estimated cost of $6,203,400.00, the remainder ~ be deferred until such time as funds are available. Mr. Webber moved to table the report for consideration along mJth the other reports of the City Manager in connection with long-range capital laprove- meets. The motion was seconded by Mr. Young and adopted. ODDG£T: The City Manager submitted his preliminary 1960 budget to Council for its consideration and stated that copies of the prmltminary budget mere furnished to each member of Council by November 1, 1959, as required by the Charter. Dr. C.mall moved to take the proposed budget under consideration. The motion mas seconded by Mr. Anderson and adopted. REPORTS OF COMMITTEES: TAXICABS: Council at its meeting of November 2, 1959, having referred to a committee composed of Messrs. Roy L. Webber, Chairman, Arthur S. Owens nd Retry R, Yates for study and recommendation the request of Yellow Cub Company of Roanoke, Incorporated, and Checker Cab Company Of Virginia, Incorporated, for an increase in fares for taxicabs, the committee submitted its report, advising that it has analyzed ~e profit and loss statements of the companies for the past three years and has carefully studied comparable rates in other cities, and that in light of its studies the committee considers the request reasonable, the committee therefore, recommending that the requested increase be granted, effective January 1, 1960. Mr. Webber moved to receive the report, to direct the City Attorney to prepare an Ordinance providing for the increase as requested and to hold an informal public hearing on the matter at 2:00 ,*clock, p. m., November 23, 1959, in the Council Chamber. The motion mas seconded by Rr. Young and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AND CONSIDERATION OF ORDII~NCES AND RESOLUTIONS: CITY PROPERTY-INDUSTRIES: Ordinance No. 13002, approving an agreement between the Norfolk and Western Railway Company, the Virginia Holding Corporation and the City of Roanoke relating t, the establishment of the value of certain lands owned by the City of Roanoke to be acquired bI the Norfolk and Restern Railway Company through condemnation and providing for the conveyance to the city of a certain track of land. ownedby the Virginia Roldi~g Corporation, 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: (=13802) AN ORDINANCE approving an agreement between Norfolk and Western Railway Company, Virginia Holding Corporation and catI of Roanoke relating 173 to the establishment of the value of certuln lands owned by the City to be acquired by Norfolk and Restera Railway Company through condemnation and providing for the conveyance to the City of a certain tract of land owned by Virginia Doldin Corporation. (For full text of Ordinance, see Ordinance Book No, R3, Page 467,} 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, Dillard, Picke~, Nebbev, and the President, Mr. Rbeeler .......... 6, NAYS: None ................... O, (Mr. Young not voting) SPECIAL PERMITS: Ordinance No, 13883, granting permission to the Shenandoah Life Insurance Company and Sidney's, Incorporated. to maintain certain building encroachments over the public sidewalk on the west line of South Jefferson Street. south of Luck Avenue. and on the south line of Luck Avenue. S. N.. west of South Jefferson Street. having previously been before Council for its first reading. Fend and laid over. was ogain before the body. Me. Young offering the following for its second reading and final adoption: (~138B3} AN ORDINANCE granting pernission to Shenandoah Life Insurance Company and Sidneyts. Incorporated. to maintain certain building encroachments over the public sidewalk on the west line of South Jefferson Street south of Luck Avenue. S. N.. and on the south line of Luck Avenue. So R.. west of South Jefferson Street upon certain terms and conditions. (FOF full text of Ordinance. see Ordinance Book No. 23. Page 46B.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the folloming vote: AYES: Council members Anderson. Corn, lie Dillard. Pickett. WebbeF. NAYS: None ................... 0. In this connection. Mr. Dillard stated that building permits for facing existing buildings which requires construction extending into the street area are currently being granted by the Building Commissioner. The City Manager advised that he will look into the matter. PURCBASE OF PROPERTY-SCHOOLS-PARKS AND PLAYGROUNDS: Ordinance No. 13894 authorizing the Roanoke City School Board to construct an elementary school in Nelford Hurt Park, having previoosly been before Conncil 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: (~13B94) AN ORDINANCE authorizing The School Board of the City of Roanoke to construct an elementary school in Welford Hurt Park. (For full text of Ordinance. see Ordinance Book No. 23, Page 469.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. ¥oong and adopted by the following vote: AYES Council neubers Anderson Coruell Dillard Pickett Webber Young, and the President, RF, Rheeler---?, NAYS: None ...................O, AN~XATION: Ordinance No. 13896, relating to the proposed annexation of certain ~and in Roanoke County by the City of Roanoke, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Webber offering the following for its second reading and final adoption: (~13896) AN 0RDINA~CE to petition the Circuit Court of Roanoke County, Virginia, pursuant to the provisions of Chapter R, Title 15, of the Code of Virginia, lg$O. 1956 Replacement Voluue, as amended, for the annexation of certain territory lying and being in Roanoke County, Virginia; setting forth the necessity for and expediency of such annexation and the metes and bounds and size of such area; to indicate generally the subdivisions, the farn areas, the vacant areas, the residential areas, and the industrial areas and others sought to be annexed, together with any other general information deemed relevant as to the possible future uses of the property within the annexation area; to state generally the terms and conditions upon which annexation is sought and the provisions planned for the future improvement of the annexed territory, including provisions for public utilities and services therein, and to authorize the institution and conduct of*Cie necessary legal proceedings to effectuate said annexation. (For full text of Ordinance, see Ordinance Book No, 23, Page 470.) Mr. Webber 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 President, Mr. Nheeler .................. 5. NAYS: Council members Cornell and Dillard .....2. SIDENALK, CURB AND GUTTER: Council at its meeting of November 2, 19S9, having directed the preparation of O Resolution extending the contract between Hartman Construction Company and A. D. Alford and the City of Roanoke for the construction of concrete sidewalk, curb and gutter. Mr. Anderson offered the follol lng Resolution: (~!390R) A RESOLIFFION extending the contract of February 2. 1959, between Hartman Construction Company and A. D. Alford 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 Rook No. 23, Page 496.) Mr. Anderson moved the adoption of the Resolution. The motion was seconded by Mr. Olllard and adopted by the following vote: AYES: Council members Anderson. Cornell, Oillard, Pickett, Webber. Young, and the President, Mr. Wheeler ............ NAYS: None ............................O. - 176 STADIUM-MATER DEPARTMENT-PARMS AND PLAYGROUNDS:. Council at it a meeting of November 2, 1959. having directed the preparation of a Resolution accepting all of the bids for concessions in the various parks ned related areas in the city as reported to the body, except the bid of Mr. C, D. Clemmer for Carvias Cove. and the City Manager having previously reported that Mr, Clemmer has agreed to the abrogation of his contract in the event the city desires to improve the concession stand at Carries Cove, Dr, Cornell offered the following Resolution: (~13909) A RESOLUTION accepting bids for certain concession privileges to be exercised, respectively, at Rockledge Inn, Victory Stadium, Zoo Concession, Pony Concession, ~asena Park. #ashington Park and Carries Cove and directing the execution of requisite contracts. (For full text of Resolution, see Resolution Dook No. 23, Page 497.) Ur. Cornell moved the adoption of the Resolution. The motion was second, by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, Young, and the President. Mr. Mheeler ............ 7. NAYS: None ............................O. ROTIONS AND MISCELLANEOUS BUSINESS: LEGISLATION-CITY CHARTER: Rt. Anderson called attention of Council to the report of the City Attorney dated October D, 1959. in which he pointed out the procedures necessary for amendments to the City Charter, Mr. Anderson pointing out that Council at its meeting of October 12, 1959, tabled the matter for con- sideration after the election of the representatives to the General Assembly from Roanoke. which election was held on November 3, 1959, and suggestlng that members of Council consider during the next week desirable amendments to the City Charter for discussion at the next regular meeting of the body and thereafter arrange a meeting between the members of Council and the Roanoke members o~ the General Assembly for a discussion of the proposed amendments, Mr. Anderson suggesting three amendments to the City Charter, as follows: 1. That the Charter be amended to provide that. where a vacancy exists in Council which will run for more than two years, subsequent to the next general election. all candidates for Council file in the same manner and that the winning candidate with the least votes serve the short term, Mr. Anderson stating that such an amend- ment should eliminate the confusion which resulted in a number of void ballots in the last election where this condition existed and where candidates were required to file for either the short or full term. 2. Provide for the appointment by Council of the Judge and Substitute Judges Of the Juvenile and Domestic Relations Court after the expiration of the term of the gresent .Judge. Provide for appointment by Council, rather than the City Manager, of members of the City Planning Commission. M(. Dillard suggested that the Charter also be amended to abolish the title of President and Vice President of Council and provide for the title of Mayor and Vice Mayor who shall be elected by the people on the basis Of the larges~ and second largest number of votes received by the candidates in the regular councilmanic elections. Dr. Cornell asked if it is true that twenty per cent of the children in the Home are not delinquents, to which Mr. Lambert replied that he is not qualified to answer since he receives the children from the Juvenile and Domestic Relations Court mhere the determinations as to their status are made. Dr. Cornell asked if whites and negroes are segregated, to which Mr. Lambert replied in the affirmative, Dr. Cornell asked if supervision at the Ilome is sufficient to protect children, particularly girls, to which Mr. Lambert replied in the affirmative. Dr. Cornell asked if Mr. Lambert hires and fires the employees at the Home, to which Mr. Lambert replied he does not. Mrs. Pickett stated that apparently Dr, Cornell is trying to conduct an investigation under the rules of the City Charter and requested that the sectiol covering the inrestiqative powers of Council be read, Dr. Cornell stated that he expected to be cut off in this manner and that he believes he is proceeding under the provisions of ~e City Charter empower- ing Council to investigate. Mr. Webber requested Dr. Cornell to state the purpose of his inquiry. Dr. Cornell then read the following statement to Council: wi have received information that the children of the Roanoke City Juvenile Ilome are being horribly abused. On at least one occasion a fourteen or fifteen year old girl was forcibly stripped by a male delinquent with at least one or two supervisors as spectators. A boy inmate died last week. The general belief was that the boys death was unnecessary, According to the information I received, the supervisor of that floor bad left the building and went downtown to get a hamburger and cup of coffee. It was known by all supervisors when the boy had a spell he had a tendency to swallow his tongue. It was fifteen or twenty minutes before the other boys were able to get help. By that time it was too late. Children have been kicked, hit by the adults with their fists, threatened with guns, belts and flash lights. These young people are squeezed around the chest with the approval of the supervisor to knock them out. One was just recently knocked out, fell on the back of his head and a doctor had to be called, The boy is still suffering from this incident, Young girls have been taken into rooms Dy male supervlaors without a matron in attendance on several occasions. Employees have gone to Mr. Owens to tell him Of some Of these problems and he has refused to let them talk to him. Another employee presented a plan to our City Manager that would save the taxpayers money and make for more efficiency, Mr. Owens stated it was a million dollar idea, 5he was fired shortly after. There are many other incidents that have been brought to my attention which I intend to present soon** Dr. Cornell moved that City Council investigate the matter under its Charter pomers. The wotioa died for lock of a second, The City Manager them asked Miss Hernice F, Jones. Director of the Depart- went of Public Melfare, and Mr. Lambert whether they had any knowledge of wis- treatwent'or children at the Juvenile Detention Home, to which both replied they did not, Mr. Anderson then asked the City Manager ir he had any knowledge of any such action at the Juvenile Detention Howe. to which the City Manager replied he did not. The City Attorney adrised Council that in his opinion if one-third of the conditions exist at the Juvenile Detention Hone as stated by Dr. Cornell they are of a criminal nature and should be investigated by the Commonwealth's Attorney and a grand jury. Hr. Webber moved to refer the complaints submitted by Dr. Cornell to the Commonwealth's Attorney for proper investigation end submission to a grand jury. The motion was seconded by Dr. Corneli and adopted. There being no further business, Council adjourned. APPROVED COUNCIL. REGULAR HEETING, Monday. November 16o 1959. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal B~ Iding, Monday, November 16, 1959. at 2:00 o'clock, p. m** the regular meeting hour. mith the President, Mr. Mheeler, presiding. PRESENT: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young, md the President. Mr. Mheeler ..... 7. ABSENT: None ....................O. OFFICERS PRESENT: Mr. Arthur S, Omens. City Manager. Mr. Harry R. Yates, City Auditor. Mr. Randolph G. Mhlttle. City Attorney, and Hr, J, Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Norman D. Preston, Jr., Pastor. Moodlawn Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on November 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, HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: URIDGES-INDUSTRIES: The City Clerk presented a commonication from the Norfolk and Western Railway Company, requesting that Council grant to it the privilege of constructing and maintaining a bridge structure across Dale Avenue. S, E., at the eastern corporate limits of the city. and to construct and maintain footings for the abutments of said bridge on and beneath Dale Avenue in accordance with plans mhich have been approved by and are on file with the Director of Public Morks, the bridge to be constructed in connection uith a rail line to connect the Virginian and Norfolk and Mestern Railways. Mr. Anderson moved to concur in the request and offered the folloming Ordinance: (~13910) AN ORDINANCE granting to the Norfolk and Western Railuay Company upon certain terms and conditions permission to construct and maintain a bridge structure across a portion of Dale Avenue, S. E.. and ~ construct and maintain footings for the abutments to said bridge structure on and beneath a portion of said Dale Avenue, S. E. WHEREAS, in connection with the proposed extension of its line of railroad within the City of Roanoke, Roanoke County and the Town of Vinton for the purpose of connecting its main line tracks sith those of The Virginian Railway Company, the Norfolk and Western Railway Company proposes to construct and maintain a bridge across a portion of Dale Avenue. S. E.; and WHEREAS, the structure and the footings for the abutments thereto mill encroach on. over, and beneath a portion of said Dale Avenue ~ithin the area shown in red on plan designated "Part of 139SO=A" prepared in the office of the Chief 179 Engineer of the Norfolk and #estern Rallmay Company November 12, 1959, print of mhich is on file in the Orflce of the City Clerk and the City Engineer. THEREFORE, DE IT OROAIREO by the Council of the City of Roanoke that the privilege is hereby granted to the Norfolk and Nestern Ralluay Company to construc and maintain Its bridge structure across Dale Avenue, $. E., and to construct and maintain footings for the abutments of said structure on and beneath Dale Avenue uithin the location shana in red on the aforesaid print, all'in accordance with pl~ mhlch have been filed uith and approved by the Director of Public Works of the City of Roanoke. Mr. Anderson moved the Ordinance on Its first reading. The motion mas seconded by Hr. Dillard and adopted by the follouing vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, and th, President, Mr. Wheeler ................ 6. NAYS: None ...................On (Mr. Young not voting) CITY PROPERTY-INDUSTRIES: The City Clerk presented a communication from the City Attorney, advising that legal notice of an application of the Norfolk and Nestern Railway Company for authority to condemn, for railroad purposes, tun parcels of real estate owned bythe City of Roanoke has been docketed for hearing before the State Corporation Commission in Richmond at 10:00 o'clock, a. m., on November ID, 1959, and that notice thereof has been served upon the city, this being the property which Council at its meeting of November 9, 1959, authorized entering into an agreement between the city, the Norfolk and Nestern Railway Company and the Virginian Holding Corporation establishing the value thereof,' and requesting that Council direct what action, if any, it desires his office to take in the premises. Mr. Webber stated t hat the matter is before the $ tare Corporation Commlssl¢ d~ .... ith provlsi .... f the Code of Virginia, which Commission through thai use of its own personnel has the ability to and will make all required determinations fairly and property, and moved to direct the City Attorney not to appear at the hearing in question or otherwise to oppose the railway company*s application. The motion was seconded by Mr. Anderson and adopted. RUDG£T-PARKS AND PLAYGROUNDS: The City Clerk presented a communication from the Raleigh Court Lions Club, requesting that Council approve an appropri- ation in the amount of $5.000.00 for the grading of ball fields in the Raleigh Court Park as requested by the Director Of Parks and Recreation in the 1060 budget, the Club advising that for a number of years ~ has sponsored numerous baseball and football teams in the Raleigh Court area and has expended large sums nj money for youth activities in the vicinity and that the requested facilities are vitally needed in connection with the youth programs Mrs. Pickett moved to table the matter for consideration along with the lgDO Budget. The motion mas seconded by Mr. Dillard and adopted. ZONING: The City Clerk presented s communication from Joseph R. and F. WsJJnm, requesting that their property designated as Lots 6, T and 8. Section 25, Fo Rorer Map, located on the north side of Patterson Avenue et llth Street. be rezoned from a Special Residence District to a flusiness District, Hr, Young moved to refer the request to the City Planning Commission for study and recommendation, The motion mas seconded by Hr, Anderson and adopted. REPORTS OF OFFICERS: BUDGET: The City Manager requested appropriations in the amounts of $446.52 to provide payment for the services of a Consulting Actuary in connection with ~ e Employees' Retirement System for a special report authorized by Council; $2,500,00 for Supplies lo the City Home account to provide payment for increased costs of medicine and other items; $2,374,67 to provide for payment of additional insurance premiums on the city's liability insurance brought about by increases in rates; and $2.200.00 to provide payment Of workmen's compensation to injured employees. Mrs. Plchett moved to concur in the request and offered the following emergency Ordinance: (=13911) AN ORDINANCE to amend and reordain Section ~13, "Retirements,n Section ~54, *City Ilome,# Section ~qq, *Oaragev* and Section =151, *Workmen's Compensation,m of the IqS9 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dank No. 24, Page 3.) Mrs. Pichett 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 ...................On EASEMENTS-TRAFFIC: The City Manager submitted a deed from Floyd 6. and Margaret B. Smith conveying to the City of Roanoke a perpetual easement to maintain a pole on their property on the east side Of Williamson Road between Yardley Drive and Frontier Road, N. W** in connection with the city*s traffic signal installation, and recommended acceptance of the said easement. Mr. Webber moved to concur in the recommendation of the City Man~ er and offered the following emergency Ordinance: (~13g12) AN ORDINANCE authorizing the acquisition of an easement over Lots I and 2, Block 1, according to the Map of Yardley Square, for use in connection with the City's traffic control system, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 24, Page 3.) Mr. Webber 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 ........ 7. NAYS: None ...................O. ~152 REPORTS OF COMMITTEES: NONE. UWFINISHED BUSINESS: LEGISLATION-CITY CHARTER: The question of considering changes to the City Charter. mhich matter was laid over from the previous meeting of Councilo was again before the body. Mrs. Pickett proposed that Sections O and 9 of the City Charter be clarifle( to provide a definite term f~ the President and Vfce President of City Council. Mr, Dillard, stating that he had been unable to give the matter of amending the Charter thorough study during the past week, moved to table the matter until the next regular meeting of Council, Yhe motion mas seconded by Mr. Webber and adopted, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 13698, to permanently vacate, discontinu* and close a portion of a public alley in the city running in a north-south directiol between First and Second Streets, S. W., which alley lies between Franklin Road and Day Avenue. S. N.. having previously been before Council for its first reading. and laid over, nas again before the body, Mr. Young offering the following for its second reading and final adoption: (~13098) AN ORDINANCE permanently vacating, discontinuing and closing a portion of a public alley Jn the City Of Roanoke, Virginia, running in a north- south direction between First and Second Street, S. W., which alley lies between Franklin Road and Day Avenue, S. (For full text of Ordinance, see Ordinance Book No. 23, Page 498.) 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, Webber, Young, and the President, Mr. Wheeler ......... NAYS: None .................... O. ZONING: Ordinance No. 13699. to rezone property located on Patterson Avenue and Chapman Avenue, between 19th and 20th Streets, So W., 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. Anderson offering the following for its second reading and final adoption: (~13699) 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, 24, Page 1,) 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, PicRett, Webber, Young, and the President, Mr. Wheeler ........ ?. NAYS: None ................... O. TAXES Ordinance No 13901e to amend nnd reordnin Section I of Chapter 1 of Title VI of The Code of the City or Roanoke, 1956, establishing a tax rate of · $2,e6 for the 1960 tax year, having previonsly been before Council far its first reading, read nnd laid over, mas again before the body, Mrs. Pickett offering the foil*ming for its second reading and final adoption: (n13901) AN ORDINANCE to amend and reordain Section I of Chapter I of Title ¥! 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 58-829 (!0), (11) and (12) of*he 19S0 Code of Virginia, upon all machinery and tools, including machinery and tools used in manufacturing and aiming businesses, upon the tangible~rsonal property of public service corporations except rolling stock of carp*rations operating railroads by steam, und upon nil other tangible personal property in the City, not exempt from taxation by lam. (For full text of Ordinance, see Ordinance Book No. 2d, Page 2.) Mrs. Pickett moved the adoption of the Ordinance. The motion ~as seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Cornell, Pickett. Webber, Young, and the President, Mr, ~heeler ................ NAYS: Mr. Dillard ............1, STREETS AND ALLEYS-SIDEMALK, CURB AND GUTTER: Council at its meeting of November 9, 1959, having directed the~eparation of an Ordinance accepting the offer of property owners on the southerly side of Mabry Avenue, S. E., between Garden City Boulevard and Garnand Branch, to donate 5 feet off of their property facing said street for street widening purposes, Mr. Young offered the foil*ming emergency Ordinance accepting the offer of Mrs. Carrie Scott: (~13913} AN ORDINANCE accepting the offer of IMrso) Carrie Scott to donate and convey unto the City portions of certain real estate situate on Mabry Avenue, S. E., between Garden City Boulevard and Garnand Branch. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, Page 4.) 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, Webber, Young. and the President. Mr. ~heeler ........ NAYS: None ...................O. Mr. ~ebber then offered the following emergency Ordinance accepting the offer of Bo P. and Minnie Reynolds: (=13914) AN ORDINANCE accepting the offer of B. p. and Minnie Reynolds to donate and convey unto the City portions of certain reef estate situate on Mabry Avenue, S. E., between Garden City Boulevard and Oarnand Branch, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, Page 5.) ,~84 Mr. Webber moved the adoption of the Ordinance. The motion wa's seconded by Mrs. Pickett and ad~pted by the following rote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Wr. Wheeler ........ NAYS: None ................... Oo Mr. Anderson then offered the following emergency Ordinance accepting the offer of Mrs. Susie Sisson: (~1391S) AN ORDINANCE accepting the offer of (Wrso) Sucie Sisson to donate and convey unto the City portions of certain real estate situate on Wabry Avenue, S. £., between Garden City Boulevard md Garnand Branch, and providing for an emergency. (For full text of Ordinance, see Ordinance Oook No. 24, Page 6.) 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. Gornell, Dillard, Pichett, Mebber, Young, and the President, Mr. ~heeler ........ 7. NAYS: None ................... O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED ~'/"//"'¢ Preside.t ABSEffI: None .................... O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. #r. Harry R. Yates. City Auditor, Mr. Randolph G. Mhittle, City Attorney, and Mr. J. Robert Thomas. City Clerk. IN¥OCATION: The meeting mas opened with a prayer by the Reverend Edward K. Ziegler, Pastor, Milliamson Road Church of the Brethren, MINUTES: Dr. Cornell stated that he has received a copy of the minutes of the regular meeting of November 9. 1959. and that in his opinion under the caption, "Juvenile Detention Home", the minutes do not correctly indicate certain actions of Council in that his motion that Council investigate the matter under its charter powers did not die for lack of a second, but rather Has seconded by Mr. Dillard. that the motion of Mr. Mebber. ~hich he seconded, was not to refer the complaints submitted by Dr. Cornell to the Commonwealth's Attorney for proper investigation and submission to a grand jury, as recorded in the minutes, but rather to submit the complaints directly to a grand jury for investigation, and that the statement of the City Attorney, as recorded in the minutes, to the effect that he advised Council that the matter should be investigated by the Commonwealth*s Attorney and a grand Jury. is inaccurate, in that the City Attorney did not mention investigation by the Commonwealth's Attorney. but rather by a grand jury only. Mr. Dillard stated that he seconded the motion of Dr. Cornell, in conse- quence of which the motion of Mr. Webber would be a substitute one. Mr. Webber stated that his motion was correctly recorded. Dr. Cornell then moved to table the minutes until the next regular meeting of Council in order to permit him to present tape recorded evidence supporting his contentions. The motion was seconded by Mr. Dillard and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: PURCHASE OF PROPERTY-SCHOOLS-STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, po m.. November 23. 1959, on the question of closing a portion of Hart Avenue. N. M.. extending from the intersection of Uurrell Street and Douglass Avenue along the Booker T. Mashington Junior High School site and lying between that site and Lots I through 16, inclusive, Clyde Land Company Map. along with on alley extending through the property of the City of Roanoke lying south of and parallel to said Hart Avenue, which action has been previously recommended by the City Planning Commission, and notlee of sold hearing having 185 ~.,186 been published in The Roanoke ~orld-Wems on November 4, 1959e the hearing mas held a~ mhich no one appeared in opposition to the proposed street and alley closing. Dr. L. E. Paxton appeared before Council and stated that mhile he Is not opposed to the street closing ns such, he Is not certain that it Is proper to spend $600,000.00 rot improvements to the Booker T. ~asbington Junior High School since ~be pupils served by.the school hare moved amay from the area and since the school is located on a highway. Dr. Paxton was Informed that the hearing being held does not cover the point as raised and that his thoughts in the matter should be presented to the School Board. Br. J. P. Cruickshank, Chairman of the Roanoke City School Board, appeared and stated that the School Board Is Jn favor of, and has requested, the.street and alley closing. The City Clerk presented a communication from the office of the City Attorney, advising that viewers appointed by Resolution No. 13891, adopted by Council on November 2, 1959. have viewed the street and alley proposed to be closed, but because of certain circumstances and undetermined factors, have not yet been able to make their formal report to the body, and suggesting that the matter be tabled until the report of the viewers is received. Mr. Anderson moved to table the matter until the report of the viewers is received. The motion was seconded by Mr. Young and adopted. INDUSTRIES-STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m.. November 23, 1959, on the question of closing portions of Twenty- third Street, Edge Hill Avenue, Carr Avenue, Dale Avenue, S. E.. and alleys adjacent thereto, lying in and adjacent to Fallon Park'and the land of the Virginia Holding Corporation, north of Dale Avenue; and a portion of Eastland Avenue. Kenwood Boulevard and all of South Street, S. E., lying south of Dale Avenue through the property of the Virginia Holding Corporation, notice of which hearing was published in The Roanoke World-News on November 11, lgSg, the hearing was held at which no one appeared in opposition.. The City Clerk presented a report of the City Planning Commission, advis- ing that in view of the fact that the streets and alleys in question hav.e never been developed, the Commission feels that there is no necessity for retaining them, and that vacation of said streets and alleys will be in the interest of the public as well as of the petitioners, the City Planning Commission therefore recommending that the request be granted. Mr. Dillard moved to concur in the recommen.dation of the City Planning Commission and offered the following Ordinance: (:13g!6) AN ORDINANCE approving an i~strument in writing permanently vacating, discontinuing and closing portions of 23rd Street, S. i., Edge Hill Avenue, S. E.. Cart Avenue, S. E., old Dale Avenue, S. E., and certain alleys adjacent thereto, situate in the McDonald Addition and, in addition, South Street, S. E., and portions of Eastland Avenue, S. E., and Kenwood Boulevard, S. i., situatt in Waverly Place Corporation, as hereinafter more fully described. lltEREAS, application bas been made to the Council of the City of Roanoke to approve a certain instrument in writing dated Hovember 17, 1959, executed by Virginia Holding Corporation and the City of Roanohe, pursuant to the provisions of Section 15o766.1 of thm 1950 Code of Virginia, as amended, permanently vacat- Ing, discontinuing and closing portions of 23rd Street, S. E., Edge Hill. Avenue, $. E** Carv Avenue, S. E.. old Dale Avenue, S. £** and certain alleys adjacent thereto, located in the HcDonald Addition, and South Street. S. E.o and portions Of £astland Avenue, $. E., and Eenwood Boulevard, S. E** located In Naverly Place Corporation, as nil of the same are more particularly hereinafter described; and HHEREAS, Virginia Holding Corporation and the City of Roanoke are thc fee simple owners of all the property abutting those portions of the aforesaid streets, boulevard, avenues and alleys proposed to be closed; and WH£DEA$, the City Planning Commission has considered the request of said application and recommended that it be granted; and WH£~EAS. a public hearing on the question of permanently vacatinG, dis- continuing and closin9 the hereinafter described streets, avenues, boulevard and alleys was held on the 23rd day of Novenber, 1959. at 2:00 o'clock p. H.. before the Council after due and timely notice of such hearing published in a local news- paper, at which hearing all persons interested in the matter were afforded an opportunity to be heard; and MBEBEAS, this Council, upon consideration of the matter and of the evidence submitted, is of the opinion that permanently vacating, discontinuing and closing those portions of the streets, avenues, boulevard and alleys hereinafter described will not abridge or destroy any of the Fights or privileges of other olners of property within the bounds of the area of land shown on the recorded maps of the McDonald Addition, of record in the Clerk*s Office of the Bustings Court of the City of Roanoke in Deed Book 330. page 6, and of #averly Place Corporation, of record in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 1, page 188; and the Council is of the further opinion that the request contained in the aforesaid application should be granted. NOW. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that, pursuant to the provisions of Section 15-766.1 of the 1950 Code of ¥irginia, as amended, said Council doth hereby approve the permanent vacating, discontinuing and closing of the follouin~ viz.: 1. That portion of 23rd Street, S. E.. from Dale Avenue. S. E.. to a point opposite Lot 3, Block 31. McDonald Addition Rap; which point is near the easterly terminus of Mise Avenue. S. E. 2. That portion of Edge Hill Avenue, S. E.. from 23rd Street. S. E.. to a point approximately 140 feet west therefrom. 3.That portion of Cart Avenue, S. E., from 23rd Street. S. E., to a point approximately 120 feet west therefrom. 4. That portion of Old Dale Avenue, $. E., mhtch lies north of and is partially contiguous to present Dale Avenue from the east corporate limits of the City of Roanoke (center line of Timber Creek) and a point approxinately IOO feet nest of 23rd Street, S. E. S. That portion of n IS-foot alley lying between BlocR 24 nnd flinch 31, #cDonuld Addition Map, rrou 23rd Street, S. E** to e point npproxigntely 3S feet west therefrom. 6. Thee portion or n IS-foot alley lying between Cnrr Avenue. S. E** and Edge Hill Avenue, S. E., from 23rd Street to a point npproxi·ately 135 feet west therefrom. 7. That portion, of · IS-foot alley lying between flinch 27 and Blochs 29 und 29. McDonnld Addition Map, from 23rd Street. S. E., to a point approximately 130 feet. west tberefro,. Ail Of ~he is-root alley between Blocks 2fl and 39. McDonald Addition Mop, fro, old Dale Avenue, $. E.. to the portion of the alley last above described; Ail of the foregoing being shown on the nap of the McDonald Addition of record in the Clerh's Office of the Dustings Court of the City of Rounnke in Deed Boob 330. page 6; and That portion Of Easel·nd Avenue. S. E.. from the east corporate ltnits of the City of Roanoke (center line of Tinker Creeh) to a point opposite the southeast corner of Lot 3, Block 19, Rap of Maverly Place Corporation. !0.All of South Street. S. E.. between Eastland Avenue. S. E., and Ken·ood Boulevard. S. Ko il. That portion of Kenwood Boulevard, S. E., from the present dead end thereof to a point approximately 190 feet north= west therefrom; All of the foregoing being shown on the map of Maverly Place Corporation, of record in the Clerk*s Office of the Circuit Court for Roanoke County, Virginia. in Plat Book I, page 188; All of the aforesaid streets, avenues, boulevard and alleys, or portions thereof, which are to be permanently vacated, discontinued and closed as herein provided being more particularly shown colored red on print of Plan N-24439 (2 sheets), prepared in the office of the Chief Engineer of Norfolk and %estern Railway Company under date of October 2D, 1959. a copy of which plan is on file in the office of the City Clerk and in the office of the City Engineer and to which plan reference is hereby expressly made; and said Council doth further approve that certain written instrument executed and acknowledged by Virginia Holding Corporation and the City of Roanoke. a municipal corporation, under date of November 17, 1959, YucatAn9, closing and discontinuing the aforesaid portio~ of said streets,.avenues, boulevard and alleys. BE IT FURTHER ORDAINED that the City Clerk do attach to the aforesaid written instrument of November 17. 1959, an attested copy of this ordinance and deliver the same to the attorney for the petitioner, to be recorded in the Clerk's Office of the Circuit Court for Roanoke County, Virginia, and in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. and in order that the Clerks of said Courts may make proper notations on such maps of the aforesaid subdivisigns as are of record in their respective offices and upon which are shown those portions of the' streets, avenues, boulevard and alleys provided in said instrument to be permanently vacated, discontinued and closed; All recordin9 fees and o~her costs to be borne by said Virginia Holdin9 Corporation. BE IT FINALLY ORDAINED that the City Engineer be, and he is hereby directe~ upon the recordation of the aforesaid papers in said Clerks' Offices, to make the President, #r. Mbeeler ............ 6. NAYS: None ................... O. (#r. Young not voting) TAXICABS: Council having set an informal public hearing for 2:00 o'clock. p. m.. November 23, 1959. on the request of the Yellow Cab Company of Roanoke. Incorporated. and the Checker Cab Company of Virginia. Incorporated. for an increase in taxicab fares, the hearing mas held at which no one appeared in opposition. Mr. Young Offered the follcming Ordinance: (~!3917) AN OROI~ANC£ to amend and reordain Section lB. *Rates--Schedule', of Chapter 1. *Taxicabs and Other Vehicles for Ilire*. of Title XIX. 'Transporation of The Code of the City of Roanoke. 1955. effective as of midnight December 31. 1959. BE IT ORDAI~ED by the Council of the City of Roanoke that Section 10. *Rates--Schedule** of Chapter 1. 'Taxicabs and Other Vehicles for Hire'. of Title XIX. 'Transporation'. of The Code of the City of Roanoke. 1956. be. and the same is hereby, amended and reordained so as to read and provide as follows, viz.: Sec. lB. Rates--Schedule. The following schedule of rates shall be charged and collected for the transportation of passengers within the city by public vehicles and no different rate shall at any time be charged or collected for such services: (a) Taxicab rates. The rates to be charged and collected for service by taxicabs shall be determined by accurately working taximeters and shall be as follows: For the first one-third mile or fraction thereof, thirty cents. For each additional one-third mile or fraction thereof, ten cents. For each additional passenger, ten cents. For each three minutes of waiting time Or fraction thereof, a charge snail be made of ten cents; but no charge shall be made for the first three minutes of waiting time when the cab responds to a call and is waiting for the passenger. Malting time shall include the time when the vehicle is not in motion, beginning three minutes from the time of arrival at the place to which the cab has been called, or the time consumed while it is standing at the direction of the passenger; but no charge shall be made for the time lost on account of inefficiency of the taxicab or its operation or the time consumed by premature response to a call. Rhea calls are made from stand to residence or other place of pick-up. no charge shall be made until the car arrives at the point of pick-up. (b) For-hire automobil~ rates. The rates to be charged and collected for for-hire automobile service shall be determined by accurately Morking speed- ometers and shall be as follows: For the first one-third mile or fraction thereof, thirty cents. For each additional one-third mile or fraction thereof, ten cents. 189 TI90 For each additional passenger, ten cents, For each three minutes of waiting time or fraction thereof, a charge shall be made of ten cents; but no charge shall be made for the first three minutes of uniting time ahem the rot-hire automobile responds to a call end is waiting for the passenger. Waiting time shall include the time ahem the vehicle is not in motion, beginning three minutes from the tine of arrival at the.place to which the for- hire automobile bas been called or the time consumed while it is standing at the direction of the passenger; but no charge shall be made for the time lost on account of iuefflcieocy or the for-hire automobile or its operation or the time consumed by premature response to n call. When coils are made from stand to residence or other place of pich-up no charge shall be made until the for-hire automobile arrives at the point of pick°up, BE 1T FURTHER ORDAINED that this Ordinance shall become 'and be effective on and after midnight December 31. 1959. Mr. Young moved the Ordinance on its first reading. The motion mas seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber, Young. and the President, Mr. Rheeler ........ 7. NAYS: None ...................O. STREETS AND ALLEYS-SIDEWAtK CURB AND GUTTER: Mr. ¥. B. Darnand. Chairman, of the Civic Improvement Committee of the Garden City Civic League, appeared before Council with several members of the Civic League mhd are property owners and residents of the 34OO, 3500 and 3600 blocks of Garden City Boulevard. S. E., and who have donated property to the city for the widening of said Boulevard stating that. in grading the area donated by these citizens and installin9 con- crete curb and gutter, cuts ranging from two inch~s to two feet were left in front of their properties making quite a number of driveways into the properties unusable and leaving a generally unsatisfactory condition that is resulting in much incon- venience to the citizens from mud, Mr, Darnand also advising that the contractor piled dirt and debris on the properties which he refused to move. The City Manager advised that under the policy of Council he did not agree to go on private property and slope the front of the yards adjacent t~ ~e new street line, but pointed out. however, that the sidewalk area behind the new curb and gu.tter has not been finished, it having required considerable grading and filling which needs to be settled before gravel can be placed on the sidewalks, and that he is unaware of any debris or dirt having been dumped onto private property, however, he will investigate and. if such is the case, have it removed. After considerable discussion of the matter, Mr. Anderson moved to instruct the City Manager to review the contract between the City of Roanoke and Hartman Construction Company, see that all provisions of the contract have been fulfilled by the contractor, work with the citizens concerned through the Garden City Civic League to determine ~hat is needed to remedy the situation and submit his report and recommendations to Council along with an estimate Of the cost. The motion was seconded by Dr. Cornell and adopted. SEWERS AND S~ORM DRAINS: Mr. Walter W. Wood, Attorney, representing residents of the Richland Avenue - Broad Street, N. W.. area, appeared before Council and advised that the city is drilling a new drainage shaft at the inter- section of Richland Avenue and Broad Street to replace · drainage shaft previously drilled in Broad Street betmeen Greenlamn and Shady Lawn Avenues. N, ~., which mall has caused considerable cave-ins in the area resulting in foundations cracking mindom frames pulling amay from the malls, the plaster In rooms cracking in the Jennings Apartment House at 2909 Broad Street. and also disturbance of the earth*s surface on private property In the vicinity, that the nam drainage shaft is being drilled approximately forty feet from the property of Mr. Eugene R. Somder, 3903 Richland Avenue. H. N.. and Mr. Somder is fearful that this shaft, too. mill cause disturbance in the earth*s surface and result in damage to his property, in which feeling other residents of the neighborhood concur, and requested that Council halt the drillin9 of the new drainage shaft at the intersection of Richland Avenue and Broad Street, N. Mo, Mr. Mood stating that he and his clients hare consulted mlth Dr. Byron N. Cooper of Virginia Polytechnic Institute concernl~ conditions underground at this point and that Dr. Cooper informed them that he cannot assure them mhat the unierground conditions are nor the result of drilling the drainage shaft at this point. The City Manager advised Council that the site for the nam drainage shaft mas selected after consultation with Dr. Cooper. Mr. Young moved to request Dr. Cooper to appear before Council to discuss this matter and to direct the City Manager to hold up the drilling of the well until the conference is held. The motion mas seconded by Mr. Dillard and adopted. PETITIONS AND COMMUNICATIONS: SERERS AND STORM DRAINS: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County. requesting that the contract of September 2B, 19S4. betmeen the city and the county..dealing Kith the treatment of domestic and commercial wastes, be amended by adding thereto an area containing approximatel 117 acres lying along both sides of U. S. Route 221 between Cave Sprin9 and Cave Sprin9 High School. Mr. Young moved.to refer the request to a committee composed of Messrs. Roy L. Mebber, Chairman, Malter L. Young, Arthur S. Owens and Randolph G. Mhittle for'study and recommendation. The motion mas seconded by Dr. Cornell and adopted. EASEMEF~fS-SCHOOLS: The City Clerk presented a communication from the RoanokeClty School Beard, requesting that Council authorize granting of an easementto the Appalachian'Pomer Companyfor a right-of may through city-omned property for the purpose oferecting.apomer line for electrical-service to the Monterey Elementary School. Dr. Cornell moved to concur in the request and offered the follomin9 (~13918) AN ORDINANCE providin9 for the granting of an easement for a right-of-may for an electric.pomer line on theMonterey Elementary School.'site to Appalachian Power Company. WHEREAS+ theSchool Board of the City of'Roanoke is constructing a new public school building on its Monterey Elementary School site on Oliver Road, N. E. and requires the installation of electric pomer lines to serve the same; and 191 192 RHEREASo said School Board has recommended to the Council that the City grant to sa~d ~ppalachian Poser Company an easement for such right-of-way extending generally, from the west side of Hollins Road. N. E.. across said school property. approximately 600 feet. as more particularly hereinafter described. THEREFORE, BE IT OROAINEO 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 th~ City, to. execute and deliver to Appalachian Power Company, a deed of easement upon such form as is approved by the City Attorney,.granting to said pomer company an easement for an electric power line right-of-may, with the right. privilege and authority to said company, its Success,rs and assigns, to construct. erect, operate and maintain a line or lines for the purpose of transmitting electric or other pomer, upon, over, through or across the property of the City known and designated as the Monterey Elementary School site, said right-of-way to extend, generally, from a point on the meat side of Il,liana Road, N. E., approxi- mately 600 feet over and across said school property, the location of said right- of-may to be as ia sho~n in green crayon on Sheet No. I of the.plot plan of the Monterey Elementary School. prepared by Sowers. Enowles ~ Rodes, Engineers. a copy of which said plan is on filein the office of the City Engineer end the office of the City Clerk. and to mhich said plan reference is hereby expressly made; the aforesaid conveyance to be made for a nominal consideration of ONE DOLLAR ($1.00), cash.. Dr. Cornell moved the Ordinance on its first reading. The motion was seconded by Mr. Dillard and adopted by the foil,ming vote: AYES: Council members Anderson. Cornell, Dillard. Pickett, ~ebber, Young, and the President, Mr. ~heeler ........ 7. NAYS: None ................... O. INDUS'fRIES-PARKS AND PLAYGROUNDS:. The City Clerk presented a communication from the Norfolk and Mestern Railway Company, ndvisin9 that in 9onnection math the merger of the lines of The Virginian Railway Company and the Norfolk and ~estern Railway Company it is proposed to extend four tracks in the South Roanoke Yard of The Virginian Railway.Company in order that the yard may accommodate 200-car trains which will require the construction of a fill sion9 the north edge of Roanoke River opposite Nasena Park, and. in order to avoid choking the channel of the river, it will be necessary to relocate and widen the channel along the South side of the river adjacent to said park at twolocations, the Railway Company requestln9 that Council grant it the privilege of relocating and uidening the channel of the river at those points. hr. Dillard moved to concur in the request and offered the following Ordinance: (~13~19) AN ORDINANCE 9ranting a permit to Norfolk and Western Railway Company to relocate and widen the channel of the RoanokeRiver at two locat~ons within the City of Roanoke adjacent to Manana Park upon certain terms and condition NHERE~S. Norfolk and Nestern Rnlluoy Coupany proposes to extend four tracks in its South Roanoke yard, nad in such extension will need to construct certain fill on its right-of-gay along the north edge of the Roanoke River. opposite the Clty°s Nasena Park; and IREREAS. in order to avoid restricting the channel of the said river, it mill be necessary to relocate the same along the south side of the river adjacent to lasena Park at the two locations shown in red o~ Plan N-20220 pre- pared in the office of the Chief Engineer of Norfolk and Western Railway Company November 12, 1959; and WHEREAS, Council is of the opinion that the proposed channel chaoges will not materially affect the public*s use and enjoyment of Wasena Pork as a public park and that the widening of said channel and the riprapping of the south bank of the river where such widening is effected will reduce the possibility of erosion of said river banh and of overflow of the said Fiver into Wosena Pork and that, consequently, the aforesaid request should be granted. THEREFORE. HE IT 0RDA1NEO by the Council of the City of Hoanohe that the full right and privilege is hereby granted to Norfolk and Western Railway Company to relocate and widen the channel of the Roanoke River along the north boundary of Wosena Park, in the City of Roanoke. at the two locations shown in Fed on. and in accordance with a certain Plan N-28228 prepared in the office of the Chief Engineer of Norfolk and Western Railway Company under date of November 12, 1959, and detailed construction plans therefor, a copy of Plan N-2822fl bein9 on file in the office of the City Engineer and in the office of the City Clerk; such widening, relocation and related work to be done by said company at its sole expense and to the satisfaction of the City's Director of Public Works and said company, in electing to proceed with the work authorized by this permit to be deemed to have agreed to indemnify and save harmless the City against all damage or liability for damaRe or injury occurring as a result of acts or omissions of the company*s contractor, its agents, servants or employees, during the course of the construction of said channel changes and, further, that the granting of this permit shall tn no wise be deemed to affect or change any existin9 boundary line of the aforesaid property of the City along said river. Mr. Dillard moved the Ordinance on its first reading. The motion was seconded by Dr. Cornell and adopted by ~he follo~ing vote: AYES: Council members Anderson, Cornell, Dillard. Pichett, Webber, and the President, Hr. Wheeler ............ NAYS: None ...........~ ....... O. (Wt. Young not voting) 1NDUSTRIES-HRIDGES: Wt. Young informed Council that he has received an emergency call in connection with illness of a member of his family .and would like to be excused from the meeting after taking up. on its second reading. Ordinance No. 15910. granting to the Norfolk and Western Railway Company permission to con- struct and maintain a bridge structure across a portion of Dale Avenue. S. which Ordinance has previously been before Council for its first reading, read and loid over. I94 By unanimous consent, said Ordinance was taken up out of order, und Hr. Dillard offered the following for its second rending and final adoption: (#13910) AN ORDINANCE granting to the Norfolk and Western Railway Company upon 'certain terms and conditions permission to construct and maintain a bridge s~ructure across a portion of Dale Avenue, S. E., and to construct nnd maintain footings for the abutments to said bridge structure on and beneath n portion of said Dale Avenue, S. E. WHEREAS. in connection with the proposed extension of its line of roilvoad mJthln the City of Roanoke. Roanoke County and the Town of Vinton for the purpose of connecting its main line tracks mJth those Of The Virginian Railway Company, the Norfolk and Restern Railway Company proposes to construct and maintain a bridge structure across a portion of Dale Avenue, S. E.; and WHEREAS, the structure and the footings for the abutments thereto will encroach on, over, and beneath a portion of said Dale Avenue BJthin the area shown in red on plan designated *part cf 13950-A* prepared in the office of the Chief Engineer of the Norfolk and Western Railway Company November 12, 1959. print of which is on file in the office of the City Clerk nnd the City Engineer. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the privilege is hereby granted to the Norfolk and Western Railwny Company to construct and maintain its bridge structure across Dale Avenue. S. E., and to construct and maintain footings for the abutments of said structure on and beneath Dale Avenue within the location shown in red on the aforesaid print, all in nccor- dance with plans ~hich have been filed with and approved by the Director of Public Works of the City of Roanoke. 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, nnd the President. Mr. Wheeler ............ NAYS: None ...................O. (Mr. Young not voting) Mr. Youn9 was then excused from the meeting. INDUSTRIES-PARKS AND PLAYGROUNDS: The City Clerk presented a communi- cation from the Norfolk and-Western Railway Company. advising that, upon passage of an Ordinance permitting the Company to relocate and widen the channel of Roanoke River as requested, and after the effectuation of the merger of The Virginian Railway Company into the Norfolk and Western Railway Company, the Norfolk and Western Railway Company will donate and convey to the City of Roanoke a acre tract ~ land adjacent to Wasena.Park, through which the city now has an for the extension of Wiley Drive, gra~ted by The Virginian Railway Company, and. in addition, will grant to the city a permanent easement for street and driveway purposes over two additional parcels Of land in that vicinity, Mr. Webber moved to direct the City Attorney to prepare the proper Ordinanc~ and allied papers accepting the offer of the Norfolk and Western Railway Company after the merger of The Virginian Railmny Company into the Norfolk and Western Railway Company has been accomplished. The motion mas seconded by Dr. Cornell and adopted. of the area. requestin9 that a street light be installed at Luckett Street and Norway Avenue. H. M. Dr. Cornell moved to refer the request to the City Hanager for study and recommendation. The ~otion was seconded by Mr. Dillard and adopted. REPORTS OF OFFXCERS: PURCHASE OF PROPERY¥-RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: The City Manager reported that in pursuance of Ordinance No. 13837, adopted on the 14th day of September, 1959. he has attempted to purchase from Gale R. and Yera C. Cyphers appr~ imately three acres of their land in the Garden City area for park purposes on the basis of SHO0.O0 per acre which is the appraised value of the land, but that Mr. Cyphers has stated that he wants $5.000.00 per acre for the three acres required, which the City Manager stated he cannot recommend that Council accept, but that he does recommend that steps be taken to initiate con- demnation proceedings to procure the desired property. The City Manager further reported that a study has been made of the land in the Garden City area containing approximately nineteen acres o~ned by G. C. and Lelia B, Light. as referred to him by Council at its meeting of November 9. 1959. and submitted a report of the Director of parks and Recreation advising that, although the land is rough and rugged, it does have many desirable features for park purposes, and urging that consideration be given to acquiring both the property of G. C. and Lelia B. Light and three acres of the property of Gale D. and Yera C. Cyphers, as well. further advising that the cost of development of the 19-acre Light tract cannot be determined until an engineering study can be made, however, bused on past experience, a minimum of $10,000.00 will be required for that purpose, the City Manager recommending that the matter be considered along with the 1960 budget. Mr. Dillard moved that the Mayor appoint a committee to ~hich the two matters and the question of procuring land for a park in the Garden City area would be referred for study and recommendation. The motion was seconded by Dr. Cornell and adopted. The Mayor then appointed a committee composed ~ Mr. Malter L. Young, Chairman, Mr. Benton O. Dillard and Mrs. Mary C. Pickett. BUDGET-CITY PLANNING COMMISSION: The City Manager reported that he has arranged to send Mr. Roger M. Scott, Assistant Planning Engineer, to the University of North Carolina Institute of Government in Chapel Hill, North Carolina, to attend n short course in "City Planning Methods and Techniques". 195 196 November 29-December 12, 1959, lnclnsive, at a cost of $150.00, and requested that Council authorize exppnditure of the necessary funds. Hr. Mebber offered the folloaing Ordinance appropriating $150.00: (al3920) AN ORDINANCE to amend and reordaln Section al30, 'Planning Commission," of the 1959 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section #130. "Planning Commission.' of the 1959 Appropriation Ordinance, be. and the same is hereby, amended and reordaJned to read as folloms, in part: PLANNING COMMISSION =130 Tralain9 ............................................ $ 150.00 Mr. Mebber moved the Ordinance on its first reading. The motion aaa seconded by Mrs. Pichett and adopted hy the following vote: AYES: Council members Anderson. Pickett, Mebber. and the President. Mr. Nheeler .................................... 4. NAYS: Council members Cornell and Dillard .....2. (Mr. Young absent) JOB CLASSIFICATION-CITY HOME: The City Manager reported that in order to comply with state regulations governing nursing care in the City Home, it has been necessary to employ licensed practical nurses for certain activities for ~hic~ no classification exists in the Salary and Rage Plan, and presented a job descrip- tion for Licensed Practical Nurse, Grade XYlI. recommending that the Salary and Mare Plan be amended to include this position. Mr. Mebber moved to table the matter for consideration along with the 1960 budget. The motion was seconded by Mr. Anderson and adopted. BUDGET-ANNEXATION: The City Manager reported that it has been necessary to prepare a zinc etching of a map of the proposed annexation areas which has been done by the Technical Reproduction and Supply Corporation at a cost of $91.$5. nod requested an appropriation to provide for payment of the account. Mr. Anderson moved to concur in the request of the City Manager and offered the following emergency Ordinance: (=13921) AN ORDINANCE to amend and reordain Section ~155, 'Annexation,~ of the 1959 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. 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. Cornell, Dillard. Pickett. Nebber, and the President, Mr. Mheeler ............ 6. NAYS: None ................... O. (Mr. Young absent) PARKS AND PLAYGROUNDS: The City Manager reported that pursuant to action Of Council at its meeting of April 13, 1959, the Director of Parks and Recreation has prepared a general plan for the development of the park atop Rill Mountain. uhich he presented to Council, stating that this. like many other parks in the city. can he developed with money and in his opinion this park. along with others, should be considered on its merits and needs during the 1960 budget study, and explaining that he believes thst in the development of the Bill BountnlnParh consideration should be given to n spur line tying said park into the Dlue Ridge Parkway. BFS. Pickett moved to defer the mutter for consideration along with the 1960 budget. The motion was seconded by Br. Anderson and adopted. Br. Dillard voting no, BUDGET-AIRPORT: The City Banager advised that the appropriation for purchase of gasoline and oil for resale at the Roanoke Municipal Airport Is exhausted and requested an appropriation of $12,000.00 to that account for the remainder of the ~ear. Dr. Cornell moved to concur in the request of the City Manager and offered the foilouing emergency Ordinance: (m13922) AN ORDINANCE to amend and reordain Section ~BO. "Airport." of the 19S9 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. Page fl.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Br. Anderson and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard. Pickett. Nebber. and the President, Mr. Wheeler ............ NAYS: None ...................O. (Br. Young absent) EASEMENTS-SEBERS AND STORM DRAINS: The City Manager reported that Brs. Geneva Wiggington Baters. owner of Lot 3S. Section 1. Oregon Park. lying on the east side of Thirty-sixth Street, N. B., north of Shenandoah Avenue. has refv~ed to convey an easement for the storm drain being constructed in that area as previo~sly agreed, and recommended that Council initiate action to condemn the necessary easement. Mr. Webber moved to table the matter until the next regular meeting of Council. during which time the City Manager might personally contact Brs. Waters and attempt to arrive at a reasonable solution to the matter and report thereon. The motion was seconded by Brs. Pickett and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: LEGISLATION-CITy CHARTER: The question of considering changes to the City Charter. laid over from the previous meeting of Council, was again before the body. Mr. Dillard offered the follouin9 suggestions: 1. An alternate to his proposal submitted at the meeting of November 9..1959, dealing with the election of a Mayor to provide that three Councilmen be elected each two years for a four year term and that a Mayor be elected at each two year Councilmatic election for a two year ter~. which Mayor shall have all the powers and duties of a member of Council and, in addition thereto, shall be the official head of the city for ceremonial purposes and as may be specifically conferred by general statutes. 2. That all special police and police officers shall be appointed by the City Manager with the approval of Council. ~197 198 3. That City Council be required by Ordinance to fix speed limits, determine parking meter regulations, provide rot the Installation or electric traffic signals, etc. 4. That the City Manager shall appoint all department heads not otherwise provided for by the Charter with the approval of Council. 5. That. Council sball have complete control over the City Auditor. Mrs. Pickett then suggested that the term of the Mayor and Vice Mayor shall be for one year. Mr. Anderson then moved to file the suggestions and table the matter until the next regular meeting of Council. The motion was seconded by Mr. Mebber and adopted. SCHOOLS-PARKS AND PLAYGROUNDS: Council at its meeting of August 24. 1959, having received from the Roanoke City School Board recommendations for certain improvements to Shrine Hill Park in connection with the construction of schools therein, which were referred to the City Manager for a cost estimate, the City Planning Commission submitted a report on the proposed developments, dated October 3, 1959, prepared ~y Smithey and Boynton, Architects, recommending that Council approve the plan as presented, and, in order to carry out this plan, that the city acquire Lot 10, Block T, Brandin Court Map, located at 2629 Guilford Avenue, S. M., owned by Miss Lottle F. Stewart. Mr. Dillard moved to refer the matter to the City Manager for study alan9 with other plans and report his recommendation, including the estimated cost, to Council. The motion was seconded by Dr. Cornell and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOL~IONS: NONE. MOTIONS AND MISCEL~NEOUS BUSINESS: JUVENILE DETENTION HOME: Dr. Cornell again brought up the question of alleged irregularities at the Juvenile Detention Home, stating that in his opinion Council should accept its responsibility and investigate the charges which h~ve been made. particularly those dealing with other than criminal matters, and that he has information of other irregularities not previously presented to Council on which he would like to question the City Manager. Mr. Mebber rose to a point of order, stating that this is a reconsideration of a question on which Council has acted by referring the matter to the Common- wealth*s Attorney for investigation and possible submission to a grand Jury and is not properly before the body. The Chair then ruled Dr. Cornell out of order. There being no further business, Council adjourned. APPROVED ~- President 2_99 CODNCIL. REGDLAR MEETING. Monday. November 30. 1959. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. November 30. 1959. et 2:00 **clock. p. m,, the regular meeting hour. mith the President. Mr. Uheeler. presiding. PR£SENT: Council members Anderson. C,mall. Dillard. Pickett. Mebber. Young. and the President. #r. Mheeler ............. ?. ABSENT: None .............................O. OFF ICERS HtESENT: Hr. Arthur S. Omens. City Manager. Mr. Harry R. Votes. City Auditor. Mr. Randolph G. Whittle. City Attorney. and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting nas opened uith a prayer by the Reverend C. Roy Everett. Jr** Pastor, Thrasher Memorial Methodist Church. MINUYES: Council at its meeting of November 23, 1959, having tabled until its next regular meeting the question of approval of the minutes of November 9. 195q, after a discussion, during which Mr. Dillard stated that he had seconded the motion of Dr. Cornell that Connctl investigate the matter (Juvenile Detention Home) under its charter powers, Mr. Young moved to correct the minutes of November 9. 1959, to show that Dr. Corneil*s motion was seconded by Mr. Dillard and that the motion of Mr. Mebber to refer the complaints submitted by Dr. Cornell to the Commonuealth*s Attorney for proper investigation and submission to a grand jury be shown as a substitute motion. The motion Mas seconded by Mr. Dillard and adopted. Mr. Webber then moved to approve the minutes of ~ e meeting of November 9, 1959. The motion was seconded by Mr. Young and adopted, Messrs. Cornell and Dillard voting no. Copy of the minutes Of the regular meeting held on November 16, 1~59, 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: RECREATION DEPARTMENT: The City Clerk presented a communication from the Senior Council of the new recreation center being erected in the Nilliamson Road area, requesting that the new center be named Preston Park Community Center. Dr. Cornell moved to direct the City Attorney to prepare a Resolution naming the center Preston Park Community Center as requested. The motion was seconded by Mr. Dillard and adopted. SEMERS AND STORM DRAINS: The City Clerk 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 ?ity of Roanoke, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an area containing approximately 147 acres lying in Roanoke County on the north side of O. S. Route 2OO 460 between State Routes 640 and 642. Hrs. Pickett moved to refer the request to a committee composed of Messrs. Roy L. Webber, Chairman, Walter L, Young, Arthur S, Omens and Randolph G, Rblttle for study and recommendation, The motion was seconded by Hr. Anderson and adopted, LEGISLATION-CITY CHARTER: The City Clerk presented a communication from Messrs, Julian H. Rutherfoord,' Jr** Kossen Gregory and Rilliam fl. Hopkins, representatives of the City of Roanoke to the General Assembly of Virginia at the 1960 session, advislngthat prior to the convening of the regular session of the General Assembly they will be delighted to meet with Council at its convenience at any time except the week of December 14, 1959, to discuss problems, charter changes or other legislation that Council may wish to request, and that since Senator Karl A. PitzpatricR is still in office until January 1, 1960, they have invited him to join them in this meeting in an advisory capacity. Mr, Dillard moved to fi~ the communication and direct the City Clerk to advise the gentlemen that as soon as Council has completed its studies and thus is able to set a date for a ~eeting with them, they will be advised. The motion was seconded by Mr. Hebber and adopted. ' ZONING: The City Clerk presented a petition from Helen W. Overstreet. requesting that Lot !1, Block O, Idlewild Park, located at the intersection of Vim*on Road and King Street. N. E., 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 ~tion was seconded by Mr. Young and adopted. ' REPORTS OF OFFICERS: MASTER PLAN-AUDITORIUM: The City Manager submitted a report, advising tho he has studied the question of erecting a municipal auditorium and o coliseum as referred to him by Council. that the Valley Development Corporation has ~dvised him by letter of its intention to build a multi-purpose sports coliseum in Lhe City of Roanoke , which in his opinion eliminates the necessity for the city considering the erection of such a facility, that in his studies connected with. the construction of a municipal auditorium he has concluded that a downtown site is most practical for such a structure, and that the Norfolk and Western Railway Company, through its subsidiary, Virginia Holding Corporation, has agreed to donate to the city its property lying between Shenandoah Avenue. Williamson Road, Wells Avenue and Second. Street, N. E., containing approximately 2.2 acres. with a estimated value of $125,000.00. for the erection Of a municipal auditorium, the City Manager further advising that to insure reasonable perking ar~a, it will be necessary to acquire additional land for that purpose, for which he recommends acquisition of a tract of land lying between Wells Avenue and Gilmer Avenue, west of Second Street, N. E., immediately north of the Railway Company's property, which, he estimated would provide parking for approximately 660 cars and would cost $325 000 O0 and suggesting that · practical solution would be to build aa auditorium with a seating capacity of 250~ mlth an auxiliary building or section which could be used for display purposes and for meetings uhich would not require the main auditorium capacity, estimating t~at ~e cost of such n building would be approximately $8?5.000.00. requiring a total outlay of $1.200.000.00. and further advising that Public Law 560 provides for advancement [ by the Federal Gov~'nnent of funds to assist in planning capital improvements in the amount of four per cent of the total cost. which, in,is instance, would be $40.000.00. such funds being repayable to the Federal Gnvemment when con- struction is undertaken under certain circumstances, the City Manager recommending that he be directed to make al~llcation for $48.000.00 of federal funds for planning purposes under the provisions of Public Law 560. and that Council. by Resolution, express to the Norfolk and Mestern Railway Company its gratitude for the offer to donate the land for auditorium purposes and hold in abeyance any further action until planning funds, as recommended, have been secured. After considerable discussion, Mr. Nebber moved to direct the City Manager to prepare a preliminary sketch of the proposed building on the Norfolk and Nestern Railway Company*s site, ascertaining from the Railway Company the condition: under which it will transfer to the city the land in question, obtain an expression from the Valley Development Corporation concerning the effects of competition of Such an auditorium on the operation Of the coliseum the Corporation proposes to erect, and submit his report thereon to Council. The motion was seconded by Dr. Cornell and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: SE~ERS A~D STORM DRAINS: Council at its meeting of November 23, 1959, having requested that Dr. Byron N. Cooper be asked to attend the next regular meeting of the body for discussion of the advisability of continuing {be drilling of a drainage shaft in the Broad Street - Richland Avenue, N. Mo, vicinity, which drilling has been objected to by property owners of the area, and , at the same time. having directed the City Manager to hold in abeyance the work on the drilling of such well, the matter was again before the body. Dr. Cooper appeared before Council and discussed the geological formations ~f the Williamson Road area ofthe city, based npon his previous studies thereof which have resulted in the program of drilling the drainage shafts for disposal of storm waters had npon information gained from drilling varioui shafts in the area under such program, Dr. Cooper stating his belief tbat drilling of drainage shafts in the Nilltamson Road area Is a permanent and satisfactory means, of disposing of surplus waters, and advising Council that the cracking of walls, etc., in the apartment house at 290g~Broad Street, No W** was not necessarily resultant from drilling the wells at the intersection of Broad Street and Greenlawn Avenue, but could have been caused by any excavation at that point because of the unstable 201 2O2 condition of the laud lying over the bedrock which, he explained; is sixty to seventy feet thick, whereas, the average soil mantle in adjacent areas is around fifteen feet thick, that all the drtJnage shafts drilled in the Milllamson Road area have been tested for absorption rate by the rife department, that, in his opinion, the reason for failure of the wells at Broad Street and Greenlamn Avenue, N. ¥., is the excessive aw*ual of water which has been drained into the area by reason of construction of homes, streets, etc,. in contiguous areas. thus overloading the design capacity of the shafts in question, much of which has resulted from the development of the Round Hill area, and that the purpose of drilling the shaft nt Broad Street and Richland Avenue, N. M.. is to intercept portions of the mater non draining to Broad Street and Greenlawn Avenue in order to relieve that situation. Mr. Ralter R. Rood. Attorney for the residents objecting to the drainage shaft at Broad 5treat and Richland Avenue, N. ~.. after a general discussion of the matter, stated that his clients feel that there is a definite uncertainty as to what will happen to their homes if the underground drainage shafts are continued and that it places their properties and families in jeopardy, and advised that they are still opposed to the program and think that the surface water should be removed by some other method. After considerable discussion of the matter. Mr. Webber moved to direct the City Manager to proceed with the contract for drilling of the drainage shaft at the intersection of Richland Avenue and Broad Street, N. N. The motion was seconded by Mrs. Pickett and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: INDUSYRIES-STREE~S AND ALLEYS: Ordinance No. 13916, approving an instrumez in writing permanently vacating, discontinuing and closing portions of Twenty- third Street. S, E., Edge Bill Avenue. 5. E., Cart Avenue, S. E.. old Dale Avenue, S. E** and certain alleys adjacent thereto, situate in the McDonald Addition, and, in addition, South Street, S, E.. and portions of Eastland Avenue, S. E** and Kenwood Boulevard, 5. E., situate in Waverly Place Corporation, 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: (=!3916) AN ORDINANCE approving an instrument in writing permanently vacating, discontinuing and closing portions of 23rd Street, S. E., Edge Hill Avenue, 5, E., Cart Avenue, S. E.. old Dale Avenue, 5. E., and certain alleys adjacent thereto, situate in the McDonald Addition and. in addition, South Street, S. E., and portions of Eastland Avenue, S. £., and Kenwood Boulevard, S, situate in Maverly Place Corporation, as hereinafter more fully described. (For full text of Ordinance, see Ordinance Book No. 24, Page 8°) Mr, Anderson moved the adoption of the Ordinance, The motion mas secaded by Sr. Dillard and adopted by the follomlng vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, #ebber, and the President, Mr. Nheeler ......................... 6. NAYS: None ............................O. (Mr. Young not voting) TAXICABS: Ordinance No, 13g17, increasing taxicab rates in the City of Roanoke. having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Young offering the folloming for its second reading and final adoption: (~lagl?) AN ORDINANCE to amend and reordain Section lO. 'Rates--Schedule'. of Chapter 1. *Taxicabs and Other Vehicles for Bire*. of Title XIX. 'Transportatlor of The Code of the City of Roanoke. !g56. effective as of midnight December 31. (For full text of Ordinance. see Ordinance Book No. 24. Page 11.) Mr. Young moved the adoption of the Ordinances The motion was seconded by Dr. Corn, Il and adopted by the f,Il,ming vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the President, Mr. Nheeler ................. NAYS: None ............................O. EASEMEI~IS-SCBOOLS: Ordinance No. 13918. granting to the Appalachian Po~er Company an easement for a right of may for an electric power line on the Monterey Elementary School site. haydn9 previously been before Council for its first reading, read nd laid over. mas again before the body. Dr. Corn,il offering the f,Il,ming for its second reading and final ad,pti,n: (~13g18) AN ORDINANCE providing for the 9ranting of an easement for a right-of-may for an electric power line on the Monterey Elementary School site to Appalachian Power Company. (For full text of Ordinance. see Ordinance Book No. 24. Page 12.) Dr. Corn,Il 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, Mebber. Young, and the President, Mr. Mheeler ................. 7. NAYS: None ............................O. INDUSTRIES-PARKS AND PLAYGROUNDS: Ordinance NO. 13919, granting to the Norfolk and Western Ratlmay Company permission to construct and maintain a bridge structure across a p~rtion of Dale Avenue. 5, E,, having previously been before Council for its first reading, read and laid over. was again before the body. Dr. Cornell offering the f,Il,ming for its second reading and final adoption: (~13g19) AN ORDINANCE. granting a permit to the Norfolk and Western Railma Company to relocate and miden the channel of th~ Roanoke River at tm, locations within the City of Roanoke adjacent to Was,ma Park upon certain terms and condition (For full text of Ordinance. see Ordinance D,ok No. 24. Page 12.) *203 204 Dr. Coruell u,wed the adoption of the Ordinance. The motion was seconded by ur. Dillard nad adopted by the f,Il,Ming vote: AY£S: Council members Anderson. C,mall, Dillard, Pickett. Webber. and President, Mr. Hheeler.- ....................... NAYS: Hone ............................O, (Hr, Young not voting) BUDGET-CITY PLANNING COMMISSION: Ordinance Wu. 13920. appropriating $150000 in order that the Assistant Planning £ngineer might attend a training c,ur at the University of Worth Carolina Institute of Government. having previously bee before Council for its first reading, read and laid over. was again before the body. Mrs. Pickett stated that, in order to make the funds available as appropriated in sufficient tine for their use. it will be necessary that the Ordinance be effective upon its passage, and moved to amend the Ordinance making it an emergenc! measure. The motion Mas seconded by Mr. Webber and adopted. Mrs. Pickett then offered the following emergency Ordinance. as amended: (#13920) AN ORDINANC£ to amend and reordain Section =130. 'Planning Commission~ of the 1959 Appropriation Ordinance. and providing for au emergency. (For full text of Ordinance. see Ordinance D,oh Wo. 24, page 14.) Mrs. Pickett moved the adoption of.the Ordinance. The motion was seconded by Hr. Webber and adopted by the following vote: AYES: Council members Anderson, Pickett. Webber, Young, and the President Mr. #heeler .................................... WAYS: Council members C,mall and Dillard ..... MOTIONS AND MISCELLANEOUS BUSINESS: pOLICE DEPARTMENt: Dr, Corneli asked the City Manager whether or not police officers are required to take first aid courses, to which the City Manager replied that all police officers are required to be trained in advanced first aid ueder the Red Cross first aid program. HOUSIWG AWD SLUM CLEARANCE: The Mayor called attention to the vacancy existin9 on the City of Roanoke Redevelopment and Housin9 Authority's Board of Commissioners for a term to expire on August 31, 1963, and called for nominations. Mr. Anderson placed in nomination the name of Mr. William S. Hubard. Mr. Youn9 moved to close the nominations. The motion was seconded by Webber and adopted. Mr. WiUiam S. Rubard was elected a Commissioner of the City of Roanoke Redevelopment and Rousing Authority for a term to empire on August 31, 1963, by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the Pre,dent, Mr. Wheeler .................. HAYS: W,ne ............................O. There being no further business. Council adjourned. APPROVED ......... President ABSENT: The President. Mr. Mheeler .......1, INVOCATION: The meeting was opened with a prayer by Mr. Arthur So Owens, City Nanager. MINUTES: Copies of the minutes of the regular meetings of November 23, 19: and November 30. 195g, having been furnished each member of Council. upon motion of HFS, Pickett. seconded by Mr° Young and adopted, the reading was dispensed with and the minutes approved as recorded* HEARING OF CITIZENS UPON PUBLIC HATTERS: NONE. PETIT IONS A~ COHHUNICAT IONS: SALE OF PROPERTY-CITY FARH-PARKS AND PLAYGROUNDS: The City Clerk presented a communication from the Roanoke Council of Garden Clubs, requesting that Council either sell or lease to it a tract of land containing approximately four acres lyin9 on the southerly side of Colonial Avenue. So W.. east of the old Alms House, and bein9 a portion of the old Alms House Farm. or. as an alternate, a similar tract of land lying on the northerly side of Colonial Avenue, in Fishburn Park. on which the Council of Garden Clubs proposes to erect a building for a garden center, further requesting that Council appoint a committee from its membership to negotiate with the Council of Garden Clubs for the property con- cerned. Dr. Cornell moved that the Chair appoint a committee from Council to nego~ate with the committee of the Roanoke Council of Garden Clubs. as requested. The motion was seconded by Hr. Dillard and adopted. Hr, Anderson requested tRat Wt. Webber be named a member of the committee to be appointed; whereupon, the Vice Mayor appointed the following committee: Hrs. Hary C. Pickett. Chairman. Hessrs. Willis H. Anderson, and Roy L. Webber. NATER DEPARTH~NT: The City Clerk presented a communication from the Yown of ¥inton, advising that it is contemplating annexation of 1.5 square miles from Roanoke County, lying to the south and east of the present corporate limits of Vinton. and requesting that the City grant permission to said Town to extend water mains and resell water purchased from the City of Roanoke within the annexation area, which will necessitate amendment of the present contract between the City of Roanoke and the Town of Vinton, dealing with the resale of water purchased by the Town from the City. Hro Anderson moved to refer the matter to a committee composed of Hessrs. Roy L. Webber, Chairman, Arthur S. Owens and Raymond E. Pillow for study and 206 recommendation. The motion mas seconded by Hr. Young and adopted, SEttleRS AND STOR# DRAINS: The City Clerh presented a Resolution of the Board of Supervisors of Roanohe County, requesting that the contruct of September 28, 1954, between the City of Roaeohe and the County of Roan~e, dueling with the treatment of domestic end commercial wastes, be emended by adding thereto an urea containing approximately S4,3 acres lying on the northmesterly side of O, S. Highwuy Route 220 end Virginia State Bighway Route 119 at their intersection south of the city. Mrs, Pichett moved to refer the request to a committee composed of Ressrs. Roy L. Webber, Chairman, Walter L. Young, Arthur S, Owens and Randolph G. Whittle for study and recommendation. The motion was seconded by Mr. Youn9 and adopted. REPORTS OF OFFICERS: DUDDET: The City Nanager requested the i%llowing deficiency appropriations in the 1959 budget: $500.00 to Medical ~xpense in the Jail account; $400.00 to Supplies in the Airport account; $7,188.40 for Niley and Wilson and $150.OO for Woodrum and Dregory in the Annexation account; $400.00 to Funeral Escorts in the Police Department account; and $100.00 to Supplies in the Municipal Building account. Mr. Young moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~13q23) AN ORDINANCE to amend and reordain certain sections of the 195q Appropriation Ordinance, and providing for un emergency. (For full text of Ordinance. see Ordinance Dook 24, Page 14.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Rro Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Young, and the Vice President, Mr. Webber ............ 6. NAYS: None ................... 0. (The President, Mr. Nheeler, absent) NARER FIELD: The City Manager requested that Council adopt a Resolution confirming charges he has established for rental of temporary bleachers at Maher Field for use at other locations, for which no charge has been established, the charge to be for 1200 bleachers, for one day or one night usage, $17o50, and for not nora than five days or five nights per month. $62.50. Dr. Cornell moved to concur in the request of the City Manager and offered the followin9 Resolution: (=13924) A RESOLUTION approving charges fixed by the City Manager,for . rental of temporary bleacher seats at Maher Field. (For full text of Resolution. See Resolution Book No. 24, Page 15.) 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, Pickett. Young, and the Vice President, Rt. Webber ................. 6. NAYS: None ............................O. (The President, Mr. Wheeler, absent) STREET LIGHTS: The City Manager requested that Council authorize the installation of six street lights at various locations in the City of Roanoke. Mr. Young moved to concur ia the request of the City Manager and offered the following Resolution: (Ulaq25) A RESOLUTIOM authorizing the installation of street lights at various locations in the City of Roanoke, (For full text Of Resolution, see Resolution Book No. ~ Page Mr. Young moved the adopt~n of the Resolution, The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dilldrd, Pickett, Young, and the Vice President, Mr. Webber ............ MAYS: Mane ...................O. (The President, Mr. Mheeler, absent) STREETS AND ALLEYS: The City Manager reported that Adams Construction Company has offered to extend its contract for improvements to Whiteside Street, N. E** to provide for five inches of compacted gravel and one application of bituminous treatment on Whiteslde Street, M. E., from iiuntington Boulevard to a point approximately 250 feet north Of Fleming Avenue, advising that he had intended doing this work in 1960, but, due to the price offered by Adams Construc- tion Company, which in his opinion is lower than that which could be expected after equipment has been moved from the location, it is his recommendation that the offer he accepted and that the contract be extended, Mr. Young moved to concur in the recommendation of the City Manager and offered the following Resolution: (m13926) A RESOLUTIOM extending the contract of July 14, 1959, between Adams Construction Company and the City of Roanoke for improvements on Whiteside Street, from Muntington Houlevard, M. £** to a point 400 feet north of Frontier Road, N. £. (For full text, see Resolution Hook No, 24, Page Mr. Young moved the adop~on of the Resolution. The motion was seconded by Mrs, Pickett and adopted by the following vote: AYES: Council members And~on, Cornell, Dillard, Pickett, Young, and the Vice President, Mr. Webber .................... 6. NAYS: None ........................... O. (The President, Mr, Wheeler, absent) BUDG£T-RUNICIPAL COURT: The City Manager reported that the air conditionin unit in the Municipal Court, mhich was purchased second-hand on June 23, 1954, is in need of costly repairs, estimated at $700.00 to $§00.00, and in his opinion should be replaced, and requested a transfer of $1,746.00 frnm Repairs in the Ranicipal Building account to the Departmental Equipmentand Improvements account for the purchase Of new equipment to replace the present unit. Mr. Dillard moved to defer the matter for consideration along with the 1960 budget, The motion was seconded by Dro:Cornell and adopted. 207 .208 WATER DEPARTMENT: The City Manager reported that the developers of Plantation Court and Vista Heights. tmo subdivisions lying to the north of the city. in Roanoke County. have requested water service to those two subdivisions. that in order to supply mater service thereto it will be necessary to extend a nnin from the existing O-inch water main In Virginia State Route No. 623, across undeveloped property through uhich the said subdividers propose to grant a fifty foot easement for said main. the easement to be later dedicated as a street in the subdivision of that property, and that in order to grant the request of the subdividers it mill be necessary to waive Rule 30 of the Water Department Rules and Regulations. Mrs. Pickett stated that the undeveloped property through mhlch the owners propose to extend the water aais is presently being planned for development, but has not yet been approved by the City Planning Commission due to some technlcalitiei, Rt. Dillard then moved to table the matter for two weeks to allow time for the owners of the property through which the easement is requested to file a subdivision plat. The motion was seconded by Mr. Anderson and adopted. REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of October, 1959. and reported other departmental reports on file in his office. Mr+ Anderson moved to file the report. The motion was seconded by Dr. Cornell and adopted. REPORT5 OF CORHI~TEES: FRANCHISES-APPALACHIAN POWER CORPANY: Council at its meetin9 of July 13. 1959, having appointed a committee composed of Mr. Millis #. Anderson. Chairman, Dr. C. R. Cornell. Rt. Arthur S. Owens and Hr. Randolph G, Whittle to negotiate with the Appalachian Power Company for a new contract, under which said company will furnish street lighting for the City of Roanoke for a period of ten years. replacing the contract that expired on August 31, 195g, and was later extended to December 31, 1959, along with an agreement between the Appalachian Power Company and the City of Roanoke for furnishing the city's electrical requirements during the same period of time, the committee submitted its report, advising that after considerable negotiation with the company, the said company has offered to renew its contract for lighting of the streets, alleys, bridges, etc., for a period of ten years commencin9 January 1. 1960, and, by independent letter, has agreed to furnish to the city, for the same period, all the electric current that it may need for city uses on properties o~ned or leased by the city other than for street lighting purposes or for resale, at a rate of one cent per kilowatt-hour, except that the company ~sists on two modifications, one to the present contract for street lighting and the Other for the established rate for power used by the city, as follows: a new paragraph to the contract fo} street lighting to provide 'if. during the term of this contract, the City as a result of annexation or other reasons calls upon the Company to install an especially large number of lamps in contrast with past experience and the Company considers the cost thereof substantially disproportionate to the price set in this contract for providing same, the Company may request the Council of the Cry of Roanoke for a reasonable increase for such facilities, which request said Council shall consider and its decision on the matter shall he final,u and the letter agreement to provide that the cost of the electricity used by the city may be increased or decreased. depending upon the meighted average cost of fuel consumed by the power company to generate such current, the committee submitting to Council a copy of the proposed contract and the proposed letter of agreement and unanimously recom- mending that Council approve the same. Mr. Anderson moved to concur in the recommendation of the committee report and offered the following Resolution: (~13927) A RESOLUTION authorizing and directing the proper City Officials to execute a contract for street lJghtin9 between the Appalachian Power Company and the City of Roanoke and. also. to accept said company*s offer to furnish the City electric current at the rate herein mentioned. (For full text of Resolution. see Resolution Hook No. 24. Page 17.) Mr. Anderson moved the adopt~n of the Resolution. 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. Webber ................. 6. NAYS: None ............................O. (The President, Mr. Mheeler. absent) UNFINISHED BUSINESS: JUVENILE DETENTION H0~E: Council at its meeting of November 9, 1959. having referred to the Attorney for the Commonwealth certain matters pertaining to the Juvenile Detention Home. as presented by Dr. Cornell. for investigation and possible submission to a grand jury. the Attorney for the Commonwealth submitted his report, advising as follows: *On ~ovember 12. I directed a letter to Dr. Corn, Il which contained the following requests: 'I would appreciate your letting this office have the information which was given to you regarding any children being abused or mistreated at the Juvenile Detention Home. upon which your statement to City Council was based. Also. I would like the names and addresses of all persons who sub- mitted statemen{s, complaints or charges to you. along with the names and addresses of all persons who might have any knowledge about such complaints or alleged abuses** By letter dated November 14. 1959. I was informed by Dr. Corn*Il that he Was *refusing to disclose the names of these people at this time** and to this date. I have not received the information which he had previously refused to disclose. Since receiving the request from Council. a thorough investigation has been conducted by trained investigators and myself by contacting. interviewing and interrogating all persons to my knowledge who could contribute any information or assistance in order for me to reach a proper *conclusion from the investigation. From the evidence adduced by my investigation, it is my conclusion that sub~itting these matters to a grand jury for its investigation would not be warranted or justified. 209 ~210 Should Council. collectively or individually, desire to consult with me regarding this investigation and the conclusion reached by m~ at the coupletion of wy investigation. I will be glad to consult with any or all uembers ur Council in my office at their convenience,u #r. Young stated that the charges subaltted by Dr. Cornell and referred to the Cousonmealth*s Attorney are criminal in nature In that they indicate that negligence may have caused the death of a boy. that a girl was stripped of her clothing, and that children were struck, and declared that Council should not investigate criminal charges, that Commonwealth's Attorney Co E. Caddy has sade an investigation in which he used the facilities of the Police Department Detective Rureau beaded by Detective Captain Ko £. Allman. and. in his opinion. they have done a good Job of investigation and can be trusted, that if there is anything wrong with the investigation conducted by the Coumonwealth*s Attorney. it is the failure of Dr. Cornell to cooperate and furnish all imf,marion available to him which was requested by Mr° Caddy. that. having no information other than the statement presented by Dr. Cornell. he is not in possession of facts with which to proceed, and that in his opinion. Dr. Cornell should take such facts as he say have to the Judge of the Hustings Court and ask for a grand jury investigation. Mr. Young moving that the report of the Commonwealth's Attorney be tabled for the time being. The motion was seconded by Mrs. Pickett and adopted, The Chair then ruled out of order any further discussion of the matter. CONSIDERATION OF CLAIMS: ~ONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: RECREATION DEPARTMENT: Council at its meeting of November 30, 1959, having directed the preparation of a Resolution naming the new recreation center being constructed in Preston Park "Preston Park Community Center". Mrs. Pickett offered the following Resolution: (~1392B) A RESOLUTION naming the new recreation center, being constructed in Preston Park, *Preston Park Community Center*. (For full text of Resolution, see Resolntion Book No. 24, page lT.) Mrs. Pichett moved the adoption of the Resolntion. The motion was seconde by Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Corndl, Dillard, Pickett, Young, and the Vice President. Mr. Webber ............. 6. NAYS: None ...................Oo (The President, Mr. Wheeler, absent) MOTIONS AND MISCELLANEOUS BUSINESS: HOUSING AND SLUM CleARANCE: The City Clerk reported the qualification of Mr. William S, Hubavd as a Commissioner of the Roanoke Redevelopment and Housing Authority for a term e~ding August 31, lq63. Mrs. Pickett moved to file the report, The motion was seconded by Mr. Young and adopted. ELECTION OF OFFICERS: The City Clerk reported that the terms of the following Board and Committee members will expire on December 31, 1959: Mr. Henry B. Boynton, Advisory and Appeal Board, Air Pollution Control; Mr. William J, Hranscom, Advisory Committee on Investment or Funds, Pension Board; Mr, Harold W, Hill, Regional Planning and Economic Development Commission; Messrs. Earl A, Fitzpatrick, Robert P. Hunter, E. Marvin Lemon, H, L, Lanson, Jr,. Milliam ~, McCathern and James M. Satterfield, Stadium Advisory Committee; and Messrs. S. H, Barnbart, F. M. Brlll, Alphonse M. Echstein, L , Elwood Norris, and Louis P. Smithey, Board of Zoning Appeals, Mr, Anderson moved to direct the City Attorney to ascertain and report to Council whether or not the incumbents mhose terms are expiring are eligible rot reappointment. The motion was seconded by Mr, Young and adopted, There being no further business, Council adjourned, APPROVED ~)~rk Lc President ~ ,2!_2 COUNCIL, REGULAR mEETING, Monday, December 14, 1959, The Council of the City of Roanoke met. in regular meeting In the Council Chamber in the Municipal Building,,Mooday, December 14, 1959, with the President, Mr, Rheeler, presiding, PRESENT: Council members Anderson, Cornell, Dillard, Pickett, Mebber, Young, and the President, Mr, Mheeler ..... 7, ABSENT: None ..................... O. INVOCATION: The meeting was opened with a prayer by the Reverend Ro R, Beasley, Rector, St, Johnes Episcopal Church, MINUTES: Copy of the minutes of the regular meeting of December 7, 1959. having been furnished each member of Council. upon motion of Mr, Anderson, seconde by Mr. Young and adopted, the reading mas dispensed with and ~he minutes approved as recorded, HEARING OF CIY1ZENStPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: IIOUSING ANR SLUM CLEARANCE: The City Clerk presented a communication from the City of Roanohe Redevelopment and Housing Authority, advising that in consequence of the report of the Jackson-Cross Company of its survey of the Commonwealth Redevelopment Project, which recommended that said Project be restudied with a view of changing the usage from residential to commercial property, the Dousing Authority believes that a replanning of the project area is necessary, which it estimates will cost a maximum of $10,000.00 and will require securing additional federal funds, the Authority recommending that Council. by Resolution, authorize said Authority to secure the needed funds from the Housing and Dome Finance Agency. Mr. Rebber moved to concur in the request and offered the following Resolution: (~13929) A RESOLUTION authorizing the City of Roanoke Redevelopment and Rousing Authority to proceed with an Amendatory Application for Loan and Grant with the Rousing and Home Finance Agency whereby necessary funds, not exceeding $10.000.00, will be available to said Authority for replanning the Commonwealth Redevelopment Project. (For full text of Resolution, see Resolution Book No. 24, Page 18o) 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, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ........ 7. NAYS: None ...................O. BUDGET-SCROOLS: The City Clerk presented a communication from the Roanoke City School Board, requesting that $12,g46.65 be transferred from Miscellaneous to the following: Administration, $780,00; Instruction, $2,190.00; Attendance Services, $135,00Z Operation of School Plant, $2,276,25: Maintenance of School Plant, $1,704,00; Fixed Charges, $3,600,00; and Food Services, $2,101,40. in the 1959 Hndget, to provide rot salary adjustments rede during the year under the Salary and Wage Plan of the citF, Mrs. Pickett moved to concur in the request and offered the follodng emergency Ordinance: (n13930) AN ORDINANCE to amend and reordain Section z120. UScbools.' of the 1959 Appropriation Ordinance. and providing for an emergency. (FOr full text of Ordinance, see Ordinance Hook No. 24, Page lg.) Mrs. PJchett 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, Pichett, Webber. Young, and the President, Mr. Wheeler ........ T, NAYS: None ...................O. SEMERS AND STORW DRAINS: The City Clerk presented a petition from residents of the 1400 and 1500 blocks of Main Street, S. ~,. requesting that necessary action be taken to relieve them of damage to their properties from storm waters flooding the area, and stating that a contributing factor is the heavy flow of surface water from a subdivision whose developer, they understand, mas released from his responsibility without compliance ~ith the drainage requirements of the Subdivision Ordinance. Mr. Anderson moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Mr. Dillard and adopted. PURCHASE OF PROPERTY-RECREATION DEPARTMENT-STREetS AND ALLEYS: The City Clerk presented a communication from the Northwest Civic League. requesting ~ Council provide for extension of Pennsylvania Avenue to connect with Hoover Street, N. ~** adjacent to the Villa []eights Community Center. acquire the land of Mr. E. Jackson Thomas. adjacent to the same property, and make provisions for the caretaker of the Villa Heights Community Center to live on the property. The City Clerk advised that'~e ~t~ Planning Commission has previmsly recommended purchase of the E. Jackson Thomas property, which matter has been deferred for consideration along with the lg60 budget. Mr. Dillard moved to table the request for consideration along with the 1960 budget. The motion was seconded byDr. Cornell and adopted. REPORTS OF OFFICERS: STREETS AND ALLEYS-SIDEWALK, CURB AND GUTTER: The City Manager reported that in compliance with a directive of Council at its meeting of November 23. 1959. he has investigated the complaints of citizens on Garden City Boulevard. S. E.. concerning the condition in which their properties were left after recent installation o[ curb and gutter in the 3400, 3500 and 3600 blocks, and has received from each of the property owners concerned their ideas of the work needed to satisfy them concerning their complaints, which ideas include sloping · 2:t4 of banks, building of retaining walls, replacement of steps, extension of drains, construction of sidewalk crossovers to connect the property at its new line with the curb and gutter installed° and various other items, mhlch he estimated would cost approximately $2.500.00. and submitted un alternate estimate of which in his opinion mill accomplish all the work requested with the exception of construction of sidewalk and concrete crossovers from the new property line to the curb line and construction of retaining walls. The City Yauager advised Council that none of this work wes included in the agreement under which the property owners transferred portions of their property for street ddeniug purposes, but. in his opinion, It is necessary to construct gravel sidewalks in the blocks concerned to provide proper walking space for the children and others using the streets, suggesting that, If Council desires that he should cause the work to be done. at a cost of $g?1.50, the body appropriate $1.000.00 for the purpose, stating, however, that he is opposed to work on private property notpreviously contracted for. -- Mr. Dillard stated that he does not believe the property owner~ thoroughly understood the circumstances under which their properties were donated to the city for street widening purposes, and that he feels that the city should acomplish the work. contained in the report of the City Manager at an estimated cost of $071.50 without establishment of a precedent~ therefore, he offered the following emergency Ordinance appropriating $1,000.00 therefor: (~13931) AN ORDINANCE to amend and reordain Section ~140, WStreet Construction.~ of the 19Sg Appropriation Ordinance, and providing for an.emergency. (For full text of Ordinance, see Ordinance Book No. 24, Page 19.) Mr. Dillard unfed 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, Young, and the President. Mr. Wheeler ................ NAYS: Mr. Webber .............1. PURCHASE OF PROPERTY-STREETS AND ALLEYS-SIDEWALK, CURD AND OtrITER: The City Manager reported ,ha, he has again negotiated with Mr. and Mrs. Jessie E. Egglestou, owners of the property at 3430 Garden City Boulevard, S. E., for a strip off of the front of their property for the purpose of extending the widening of Garden City Boulevard, S. E** and that they still request $3,583°00, which is the same amount reported to Council by the City Manager at the meeting of October 13, 1950, for~ a 15-foot wide stripoff of the front of their lot. Mr. Webber stated that he considers the price too high, and moved to file the report. The motion was seconded by Mr. Dillard and adopted. SOLICITATIONS: The City Manager reported that under the provisions of Title 20. Chapter 4, Section 1, of The Code of the City of Roanoke, he has appointed Messrs. Broaddus Eo Chewning and Edward C. Moomaw as members of the Advisory Commission for Solicitations for Charitable Purposes for terms of two years, such terms to begin on January 1, lgGo. Mrs, Pickett moved to concur in the request of the City Manager and offered the following Resolution: (z13932) A RESOLU-flON approvin9 settlement of a claim for certain property (For full text of Resolution. see Resolution Book No. 24. Page 20.) Mrs. Pickett moved the adoption of the Re~olutiono The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, ~ebber. Young. NAYS: None ...................O. EASEMENTS-SEWERS AND STORM DRAINS: The City Manager reported that pursuant to a directive of Council at its meeting of November 23, lgSg, he has consulted with Mrs. Geneva Rigginston Raters concerning acquisition of a lO-foot wide storm drain easement through her property located on Thirty-sixth Street, N. R., north of Shenandoah Avenue, being Lot 35, Oregon Park, that Mrs. ~aters has agreed to convey such easement to the city for $150.00, that all except o~ of the other Mr. Young moved to table the matter until the next regular meeting of Council, during which time the City Manager should attempt to get the other adopted. PURCIIASE OF PROPERTY-SCHOOLS-pARKS AND PLAYGROUNDS-STREETS AND ALLEYS: The City I/~mager reported that pursuant to a directive of Council at its meeting of August 24. 1959. he has studied the request of the Roanoke City School Hoard for inclusion of funds in the 1960 budget to provide for grading, paving, curb and gutt sidewalks, water, sewage, and storm drain facilities in Shrine Hill Park in connec- tion with the schools to be constructed therein, and presented a revised plan for lay-out of the streets and work in the said park, eliminating the necessity of acquiring the property of Miss Lottie F. Stewart, 2620 Duilford Avenue. So [., for connecting-the proposed streets in the Shrine Dill Park toGuilford Avenue, 216 he provided at the end o! the street in the park, recommending that a storm dr*in be constructed in Grandin Road, So M., to serve the elementary school to be con- structed in the park at an estimated cost of $30o000.00, It the expense of the city's General Fund, that all the roads in the area be graded at an estimated cost of $40,000.00, to be paid for from School Bond Funds, that the roadway around the elementary school be constructed at an estimated cost of $25,950.00, from School . Bond Funds, making a total of $95,950.00 for mork which he recommends be performed immediately, that a storm dra~n in Brandon Avenue to serve the high school to be constructed in Shrine Bill Park be completed during the summer or fall of 1960 at an estimated cost of $62,000.00, to be paid for from the city's General Fund, and that. prier to completion of the high school, a road to serve said high school. estimated to cost $30.225.00: certain improvements on the southeast corner of Blenheim Road and Rrandon Avenue, S. M., at an estimated cost of $7,B75.00; and certain improvements on Grandln Road, adjacent to the site, estimated to cost $12,675.000 be accomplished, the City Manager stating that in his opinion all on-site work should be paid for from School Bond Funds. #r. Mebber. statin9 that the report envisions the expenditure of a con- siderable amount of money and that Council has not had time to study it. moved to table the matter. The motion was seconded by Dr. Corn,Il and adopted. REPORT5 OF COMMITTEES: CITY AUDITOR: Council at its meeting of April 6. 1959. having accepted the proposal of International Business Machines Corporation to make a survey of the accounting activities of the citI in connection~th the possible use of punch-card equipment, and at that time having appoirted a committee composed of the City Manager and the City Auditor with the direction that they cause such a survey to be made and present the results thereof to Council ~r its consideration, the committee submitted its report, together with the survey of the International Business Machines Corporation, and advised that it does not recommend installation of punch-card equipment for the followin9 reasons: "1. The existing bookkeeping equipment in the Rater, Auditor, and Commissioner of Revenue's offices has not been fully depreciated; and we doubt if we could Justify the addi- tional expense in view of this fact. 2. Re are Of the *pi.mien that to install the equipment in the Auditor's office would be merely replacing one type of equipment with another. Furthermore. additional space would have te be provid~do Duplicate records would have to be kept for at least two years to.sure continuity. 3. It appears there may be an increased cost in the Auditor's office with no apparent benefit to justify the expense. since the work load in one department would hardly Justify a major change of this nature. 4. We believe, unless'a centralied office could be established uhich would accomplish all the punch-cord work for the city; the installation could not be justified." Mr. Dillard moved to table the matter until the regular meeting of Council on January 4, 1960, at which time a representative Of the International Dusiness Machines Corporation will be heard. The motion was seconded by Mr. Young and adopted. UNFINISHED HUSINESS: JUVENILE DETENTION HOME: Council at its meeting of December 7, 1959, havJt tabled the report of the Attorney for the Commonwealth of his investigation of alleged irregularities at the Juvenile Detention Home. as presented to Council by Ur, Cornell at its meeting of November 9, 1959, Mr, Nebber moved to take the .matter from the table for consideration, The motion uss seconded by Mr, Young and adopted, £ach of the members of Council stated that they hare consulted with the Commonwealth*s Attorney concerning his investigation, Council members Anderson, Pickett, Nebber, Young and the Mayor stating that Mr, Uuddy informed them that his investigation did not fermi any irregularities of any kind at the Juvenile Detention il*me, whereas, Council members Cornell and Dillard stated that the actions reported to the body by Dr, Cornell were confirmed by the Commonwealth*s Attorney, houever, Mr, Caddy said that administrative negligence is not a matter for investig~ion by his office, Dr, Uornell then presented an affidavit of Mr, George Raymond Ayers, an employee at the Juvenile Detention It*me, subscribed and sworn to by him on the 14th day of December, 1959, which stated the following: *1. That the statements made by Dr. Cornell are correct and that abuses do exist at the home, 2, On many occassions I have either seen or been told about abuses which I consider should be corrected by the proper authorities. 3o I have seen Mr, Lambert, Supervisor of Detention take a 16 year old girl from the recreational area to his office without the attendance of a matron, This is in violation of State and City laws, The staff asked Mr, Lambert not to do the preceedin9 state- ment, 4, ~ have also seen Mr, Lambert, punish a 11 year old white boy by putting him in the Negro section; in a room which bad no windows, during the winter time with the wind blowing strongly, even though the boy had a severe cold, This action was taken even though tbs staff on duty protested strongly. Zhe above is also in violation of State and City laws. 5, I overheard a conversation between a 16 year old boy and Mrs, Dorothy Johnson, also a Child Supervisor; in which the boy stated that; Mr, Holstein admitted to him and others that he (Mr, Holstein) had been out of the building getting a hamburger and cup of coffee at the time the boy*s tried to summons help for another 16 year old boy. This too is in violation of State and City La~s because such law states that a Matron and Supertendent be on duty at al! times. 6o I, was told personally by Mr. Holstein that a 16 year old boy had died and that the boy had swallowed bis tongue and that the Life Saving Crew dislodge his tongue. 7. I was suprised to hear that Miss Jones and Mr° Lambert state before Council that they bad never received complaints about the home. I, personally have been to Miss Jones at least three times to present complaints about conditions and abuses of children. 0, I, with others, have gone to see Mr, Owens on one occasion to make complaints; Mr, Owens refused to listen, 9, ~ was told by Mrs° Holstein that she and Mr, Holstein had a 16 year old boy strip a 14 year old girl do~n to bev panties because the girl threaten suicide, This action sas condoned by tbs Supervisor of Detention, Mr, Lambert, The strippin~ was done I was told in the presence of the al*rammed people, 10, Mr, Lambert has made the following statements before the Detention Home Staff: A, That he had not worked with children and did not knos anything about Detention care or supervision, B. That be did not like Children and did not care to work with them** 217 Mr, Young placed fn noBInctloa the aswa of #r, Henry B, Boyntoa for reelection us a wewber of the Advisory and Appeal Board, Air Polotion Control, for a term o~ four years beginning January 1. 1960, There being no further nominations, Yro Henry B. Boyatou was reelected a member of the Advisory and Appeal Board. Air Pollution Control, for a term of four years beginning January I, 1960. by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, Young, and the President. Mr. Wheeler ....... ?. NAYS: None ...................O. Dr. Eorneil then pluced In nomination the none of Mr. Mllllam reelection as a member of Advisory Committee on Investment of Funds of the Employees' Detirement System. for n tern of three years beginning January 1. 1960. There being no further nominations. Br. Wllliun Jo Branscom was reelected a member of the Advisory Committee on Investment of Funds of the Employees* Retirement System for a term of three years beginning January I. 1960. by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Nebber. Young. nnd the President, Mr. Wheeler ....... NAYS: None ...................O. Mr° Nebber then placed tn nomination the nome of Mr. Ilarold Wo Dill for reelection as a member of the Regionul Planning and Economic Development Com- mission, for a tern of three years beginning Januory 1. 1960. There being no further nominations. member of the Regionul Planning and Economlc Development Commission for a term of three years beg~n/ng January 1. lg60. representing the Roanoke City Planning Commission, by the following vote: AYES: Council members Andersm. Cornell, Dlllurd. Pickett. ~ebber, Young. und the President. Mr. ~heeler ....... NAYS: None ...................O. Mr. Anderson then placed in nomtnutton the names of Messrs. Earl A. Fitzpatrick, Robert P, Hunter, Eo Marvin Lemon, Ho Lo Lawson, Jr., and James M° Satterfield for terms of two years each, and Mr. ~. Frank Angle for a term of one year, as members of the Stadium Advisory Committee, beginning January 1, 1960. There being no further nominations, Messrs. Earl A. Fitzpatrick. Robert P. Hunter. E. Marvin Lemon. B° L° Lawson, Jr** and James M. Satterfield were reelected as members of the Stadium Advisory Committee for terms of two years each, and Mr. N. Frank Angle was elected a member of the Stadium Advisory Committee for a term of one year, beginning January l, 1960, by the following vote: AYES: Council members Andersm , Cornell. Dillard, Pickett, Nebber. Young, and the President, Mr, ~heeler ...... 7. NAYS: None ..................O. 219 .220 #r, Dillard placed in nomination the names of Uessrs, S, BrJll, Alphonse #. Ecksteln, L, £1mood Norris and Louis Po Smlthey as mashers of the'Board of Zoning Appeals for terms of three years each beg~ning January 1, 1960, There being no further nominations, Nessrs, S. H, Barnbart, F, #, Brill, Alphonse #0 Eckstein, L. Eluood Norris and Louis P. Smithey were reelected as members of the Board of Zoning Appeals for terms of three lears each beginning January 1, 1960, bi the following vote: AYES: Council members Anderson. CoFnell. Dillard, Pickett. Webb~. Young. and the President, Mr. Wheeler ....... 7, NAYS: None ................... O, There being no further b~siness, Council adjourned. APPROVED 221 COUNCIL, REGULAR MEETING, . Monday, December 21, 1959. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Rullding, Mondny, December 21, 1959, at 2:00 o'clock, p.m. the regular meeting hour, uith the President, Mr. Mheeler, presiding. PRESENT: Council members Anderson, Cornell, Dillard. Pickett, Mebber, Young, and the President. #r. Mheeler ..................... 7. ABSENT: None .....................................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Harry R. Yates, City Auditor, Mr. Randolph G. Mhlttle, City AttoFAey, and Mr. J. Robert Thomas. Cit Clerk. The Mayor stated that Mr. Clarence E. Whittaker. a reporter for The Roanoke Times mbo had covered and reported on the activities of the Runicipal Government since November 15, 1926, died on December 15. 1959, and in respect to Mr. Mhittaker Council observed a minute of silent prayer. INVOCATION: The meeting was opened with a prayer by the Reverend G. Palmer Belcher. Pastor, Preston Oaks Baptist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: EASEMENTS-APPALACHIAN POWER COMPANY-SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board. requestJn9 that Council grant the Appalachian Power Company arl$ht of way across city-owned property in Ftshburn Park to the Colonial Avenue Elementary School site to provide electric service to the said school. Mr. Young moved to direct the City Attoroey to prepare an Ordinance grant- ing the right of way as requested. The motion was seconded by Dr. Cornell and adopted. STREET LIGHTS: The City Clerk presented a communication from the Appalachia~ Power Company, reporting the installation of twenty-five 10000 lumen, three 6000 lumen and four 2500 lumen street lights, and the removal Of three 6000 lumen and one 2500 lumen street lights in the city during the month Of November. lgSg. Mrs. Pickett moved to file the report. The motion was seconded by Mr. ¥oun and adopted. CITY JAIL-POLICE DEPARYMENT: The City Clerk presented reports of Inspectio of the City Jail and the Police Lockup as performed by the State Department of Melfare and Institutions on December 1, 1959. Mr. Young moved to file the reports. The motion was seconded by Mr. Anderson and adopted. AIR POLLUTION CONTROL: The City Clerk presented a communication from Mr. Henry B. Eoynton, advising that he cannot accept reappointment as a member of the Advisory and Appeal Board, Air Pollution Control, for a new four year term beginnin9 January 1. 1960. for personal reasons, stating, however, that he has greatly enjoyed serving the city on this Board for three previous terms. 222 Consulting Engineers. Mrs. Pickett moved to concur in the request of the City Manager and offered the following emergency Ordinance~ (g13933) AN ORDINANCE to amend and reordain Section z30. "Jail," and . Section ulss, "Annexation," of the 1959 Appropriation Ordinance, end providing for (For full text of Ordinance. see Ordinance Book NO. 24. page 20.) Rrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Rr. Young and adopted by the follouing v,tel AYES: Council members Anderson. Cornell. Dillard. Pickett. Mebber. Young. and the President. Mr. Nheeler ....................... 7. NAYS: None ................................... O. NATER DEPARTMENT: The City Manager reported that Ordinance No. 13541, adopted by Council on November 3. 1958. awarding a contract to Rr. C. B. Clemmer for concessions at Carvins Cove. under which the concessionaire would live on the premises, is in conflict with Chapter 2. Title XII. of The Code of the City of Roanoke, 1956, which prorfde~ that no person shall remain on the watershed after 10:00 o'clock, p.m., each evening, and requested that Council clarify the. matter. Mr. Webber. moved to direct the City Attorney to prepare an Ordinance amend- lng Chapter 2, Title XII, of The Code of the City of Roanoke. 1956. in such a manner as to permit the concessionaire to live in the quarters, at the concession house at Carvins Cove. The motion was seconded by Dr. Cornell and adopted. PURCHASE OF PROPERTY-SCHOOLS-PARKS AND PLAYGROUNDS: The City Manager reported that in compliance with a directive of Council at its meeting Of October 26 1959, he has negotiated with owners of the property adjacent to Melford Hurt Park. which the City Planning Commission has recommended be acquired for expansion ~f the said park. suck negotiations resulting in requests from the property owners aggre- gating $133.825.00 for the 5.75 acres involved, the City Manager advising that this price is approximately double the appraised value of the land as established by a group of appraisers employed by him for that purpose, that in his opinion, Council might give consideration to the purchase of three lots to the west of ~elford Hurt Park and an additional three lots on which homes now exist on Mestview Avenue, S, M. adjacent to Nelford Hurt Park, on which to construct the proposed school, thus leaving the park property intact, and requesting that Conn'cil appropriate $820.00 to pay the cost of appraisal of the property involved. Mr Young moved to table the City Mansger*s report end offered the following emergency Ordinance appropriating funds to pay for the oppraisal~ (s13934} AN ORDINANCE to amend and reordoin Section Sill, *Parks and Recrea- tional Areas** o~ the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 24, page 21,) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Hrs. Pickett and adopted by the following vote: A~ES: Council members Anderson, Cornell, Pickett, Webber, Young, had the President, Mr. Wheeler ............................... 6, NAYS: Mr. Dillard ...........................1. SE~ERS AND STORM DRAINS: The City Manager reported that he has studied the question of storm water damage to properties In the 1400 and 1500 blocks'of Rain Street, S. W.. complained of by residents in a petition presented to Council at its meeting of December 14. 1959. in u~ich the said petitioners pointed out that they believe failure on the part of a subdivider to comply with the Subdivision Ordinance i'of the city concerning drainage is a contributing factor, the City Manager stating that the records of the city indicate the subdivider in question has completed his obligations under the snbdlvisJon law, but that a storm water problem does exist at this point, and presenting a plan for construction of a storm drain to relieve the situation, estimated to cost $17,031.00, pointing out, h,meyer, that this is one of ~flumerous such conditions existing in the city and suggesting that Council consider establishing some priority for correction of these problems. Dr. Cornell moved that the report Of the City Manager be tabled and that the Council members make a study of all such drainage problems in the city and thereafter ~eclde on a program of correcting these situations. The motion mas seconded by Mr. Jobber and adopted. SEWERS AND SYORM DRAINS: The City Manager reported that in consequence of directive of Council at its meeting of August 24, 1q59, bids have been received for onstruction of a storm drain from Florist Road, N. W., near ¥1ncient Avenue to Carvins Creek, through the Lynch property lying in Roanoke County, for which Council las previously, by0rdinance Ho. '13700. authorized securing a 10-foot right of way, tad submitted a tabulation of such bids for construction of a 6,-inch drain and an tlternate for construction of a 24-inch drain, which 60-inch drain would meet the :ecommendatlons contained in the report of Hayes, Sony, Matters and Rattern, previou~ ty presented to Council for drainage of the Williamson Road area, the bid of Pioneer ;onstruct/on Company, Incorporated, in the amount of $11,575.00. for the alternate )id, being low, and the bid of R. S. Hudgins, in the amount of $31,350.00, on the 2ase bid. being Iow. the City Manager recommending acceptance of the bid of R. S. ~odgins, which, he stated, will be the most economical for the city in its long-range lams, advising that to construct the 60-inch drain, it will be necessary to secure 20-foot, rather than a I,-foot, right of way through the Lynch property, at a total ,st Of $450.OO, presenting a letter of Mr. James W. Lynch, agreeing to convey the necessary easement for that price, and recommending acceptance thereof, further stating that an appropriation in the amount of $31,359.00 will be necessary if Counci awards the contract as recommended. 223 224 Hr. Dillard moved to concur, in the recommendctions of,the ,City #su.uger and offered the folloml~g Resolution: (a13935) A RESOLUTION accepting the proposal of M. S. Hudgins for the construction of a storm drain in the vicinity of Florist Road., N, E,, be,tmeen ¥incient Avenue and Carvins Creeh; authorizing the proper City Officials to execute the requisite contract; and rejecting all other bids. (For full text of Resolution, see Resolution Hook No. 24. page 21.) Hr. 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, Pichett,.Webb~F. Young, and the President, Hr, Wheeler ....................... NAYS: None ..................................O. Hr. Cornell then offered the following emergency Ordinance repealing . Ordiuance No. 13700. authorizing acquisition of an easement from Hr. A. W. Lynch: (~1393fi) AN ORDINANCE repealing Ordinance NO. 13700 and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 24, page 22.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the followln9 vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Hebber, Young, and the President, Mr. Wheeler ................. ? ..... NAYS: None ..................................O.,'' Hr. Young then offered the folloMing emergency Ordinance accepting the ease- Carvins Creek, and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 24, page 23.) RF..Young moved the adoption of the Ordinance. The motion Mas seconded by Hr. Anderson and adopted by the following vote:. AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber, Young, and the President, Hr. Wheeler ........................ HAYS: None ...................................O. Hr. Young then offered the following emergency Ordinance appropriating funds for the contract previously authorized: (~13930) AN ORDINANCE to amend and reordain Section nil1, 'Sewer and Drain Constrnetion,",of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 24, page 24.) Hr. Young moved the adoption of the Ordinance. The motion Mas seconded b Or. Cornell and adopted bi the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett~ Webber, Young, and the President, Hr. Hheeler ....................... NAYS: None ..................................O. REPORTS OF COHHITYEES: BURRELL' HE#ORIAL HOSPITAL: Council at its meeting of November 2, 1959, having referred bach to a committee composed of Hessrs, Millis H. Anderson, Chair- ann, C, H, Cornell. Arthur S. Omens, Randolph G. Hhittle and Hiss Bernice F. Jones, the request for additional compensation by the Burrell Memorial Hospital for care end treatment of indigent patients, for further study and report, with particular reference to the administrative procedures follomed in handling of authorizations for indigent hospitalization, end to the difference, if any, in the procedures between the Hurrell Hemorial Hospital end other hospitals in the community, the committee submitted its report, advising that it has reviewed the entire problem and discussed it in detail with the Director of Public Welfare and officials of the various hospitals, and has concluded that the same procedures in administering the program are followed with nil of the hospitals in the city concerned, further, that in a meeting mJth the Board of Trustees of the Burrell Hemorial Hospital, it was recognized that as lung as funds ere limited the proper application of the avallabl* funds will be a continuing problem, and toward that end, the committee and the Board of Trustees will meet together from time to time as the situation warrants, the committee renewing its previous recommendation that the uncommitted balance of $5,131.06 remaining in the appropriation for Supplement for Indigent Patients in the Hospitalization account be appropriated as a donation to the Barrell Hemorial Hospital. Hr. Anderson moved to concur in the recommendation of the committee and offered the following emergency Ordinance: (m13939) AN ORDINANCE to amend and reordain Section =SO, #Hospitalization," of the 1959 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 24.) Mr. Anderson moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President. Hr. Hheeler ....................... NAYS: None ..................................O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CO//SIDERATION OF ORDINANCES AND HESOLUTIONS: NONE. HOTION5 AND MISCELLANEOUS BUSINESS: LEGISLATION-TAXES: Mr. Dillard stated that the Governor of Virginia has announced through the press that he will recommend to the General Assembly of Virginia adoption of a state-wide sales tax, mhich will be a burden upon people in lom-income brackets, and moved to direct the Citl Attorney to prepare a Hesolutton advising the Governor of Virginia and the local members of the Virginia General Assembly of Council's opposition to any state sales tax in the Commonwealth. The motion mas seconded by Dr. Cornell, It appearing that it is the consensus of Council that such action is pre- mature because the program which mill be recommended by the Governor is not clear and the need for additional tames has not been e lmrll established, Mr. Mebber moved to table the matter for further consideration, The motion was seconded by Mr. Young and adopted. Hr. Dillard voting go. 225 226 OFFICE BOUR$~ Mr. ~ebber offered the follouing Resolutioo authorizing a half-day, holiday o~ Christmas. Ere: ~s13940) A RESOLUTION estab)ishing that portion of Thursday, December 24th follomln9 the noon hour as a partial legal holiday for the current year only. (For full text of Resolution, see Resolution Book No. 24, page Mr. ~ebber moved the adoption of the Resolution. The motion wos seconded by Br. Dillard and adopted by the follomlng rote: A~ES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, Young, and the President, Br. Wheeler ....................... NAYS: None ..................................O. There being no further business. Council adjourned. APPROVED COUNCIL. gE~ULAR MEEYING. 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 2H, 1959. at 2:00 o'clock, p, m., the regular meeting hour, with the President. Mr. Mheeler, presiding. PRESENT: Council members Anderson. Cornell. Dillard. Pickett. Mebber. Young. and the President. Mr. Mheeler ABSENTs None ..................................O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph G. Mhittle. City Attorney. Mr. Harry R. Yarns. City Auditor. and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend C. M. Blanchard. Pastor. Melrose Pentecostal II,linens Church. MINUYES: Copy of the minutes of the regular meetin9 held on Monday. December 14. 1959. having been furnished each member of Council. upon motion of Mr. Anderson. seconded by Mrs. Pickett and adopted, the reading was dispensed'with and the minutes approved as recorded. HEARING OF CITIZENSUPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: REFUNDS AND REBATES-LICENSES: The City Clerk presented a communication from Mr. John M. Hunter. former operator Of the Ponce de Leon Coffee Shop. request~ that he be relieved of a penaltyassessed against him for failing to file returns for beer licenses in the years 1954 and 1955 in the amount of $34.65. Mr. Hunter stating that the penalty has been assessed against him due to an error on the part of a former employee in the office of the Commissioner Of the Revenue ia that when he purchased the business in February. 1954. licenses for the operation thereof had been taken out by the prior owner and weresubsequently transferred to him in February. the prior owner having failed to.file for an ABC license and the office of the Commissioner of the Revenue having failed to assess the same. Mr. Hunter pointing out that he was advised by the Commissioner*s office in 1956 thatthe AHC license for!the two preceding years had not been obtained, atwkich time he secured the two licenses in question, paying therefor the regular tax of $150.00 per year. and that just recently the taxing authorities of the city have assessed a penalty against,him for failure to file for the licenses in the two years Nr. Rebbermoved t, refer the request to the City Attorney for investigation and report and the preporationof a Resolution relieving Mr. Hunter of such portion of the penalty assessed against him due to errors on thepart of personnel in the office of the Commissioner of the Revenue. The motion was seconded by Mr. Dillard and~adopted.~ .... ~ SEMERS AND STORM DRAINS: The City Clerk presented 3 Resolution of the Board of Supervisors or.Roanoke County. requesting that the.contract.of September 29, 1954. between the City Of Roanoke and the County of Roanoke. dealing with the .227 228 treatment of domestic nod commercial wastes, be amended by adding thereto an area containing ten acres lying bn the west side of Virginia Route 601, north of Santee Road. MFS, Pickett moved to refer the request to n committee composed Of Messrs. Roy L. Mebber, Chairman, Melter L. Young, Arthur S, Owens nad Randolph G, Mhittle for study and recommendation, The motion mas seconded by Hr. Young and adopted. EASERENTS-SERERS AND STORM DRAINS: The City Clerk presented a communicntio from the City Attorney, advising that there is some question as to the legal ownership of the property through which the city has authorized the acquisition of a 20-foot easement for the construction of a storm drain between Florist Road and Corvins Creek, lying in Roanoke County Just northeast of the city corporate line, the City Attorney pointing out that there is a suit pending In the Circuit Court for Roanoke County to determine the true ownership Of said.land and that until the question of ownership is resolved by the court the city will, not be completely safe in acquiring its easemen~ from uny less than all of the parties claiming title thereto, except by condemnation proceedings, the City Attorney requesting that Council adopt a Resolution authorizing the acquisition of the needed easement by exercise of the city*~ power of eminent domain. Mr. Dillard moved to concur.in the request of the City Attorney and offered the following Resolution: (~13941) A RESOLUTION providing for the acquisition of n perpetual easement for Storm drain purposes across a certain 5.0 acre tract of land situate between Florist Road. No W.. and the center of Carvins Creek. (For full text of Resolution, see Resolution Book No. 24. Page 25.) Hr. Dillard moved the adoption of the Resolution. 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 .......................... 7. NAYS: None .....................................O. REPORTS OF OFFICERS: GASOLINE: The City Manager submitted a tabulation of bids received by the Purchasing Agent for the city's gasoline requirements for the year 1960, showing the bids of the Atlantic Refining Company at a price of $0.104 per gallon for regular gasoline and $0.209 per gallon for premium gasoline at the City Garage; the American 0il Company at a price of $0.1094 per gallon for regular gasoline at the Water Department; and the Pure Oil Company at a price of $0.2162 pergallon, with 15 discount for payment in ten days, for premium gasoline at the Fire Depart- ment. as low, the City Manager advising that the Atlantic Refining Company. low bidder for the gasoline to be furnished at the City Garage, has no hulk plant in the City of Roanoke, but must haul the city*s gasoline requirements from North Carolina in tank trucks, and that the bid of the Pure 011 Company for this gasoline, although higher than that Of the Atlantic.Refining Company, is so close that the difference in the price .ould be largely offset by license taxes paid to the city by the Pure Oil Company thereon. Mr. Dillard moved to direct the City Attorney to prepare a Resolution accepting the lom bid of the American 011 Company nnd the lom bid of the Pure Oil Company; also, the bid of the Pure 011 Company for regular gasoline at n price of $0,1855 per gallon and for premium gasoline at a price of $0.2093 per gallon, with 1~ discount for payment in ten days, at the City Garage, and rejecting all other bids, including the low bid of the Atlantic Refining Company, The motion was seconded by Dr. Cornell and adopted, JOB CLASSXFICATION-CITY AUDITOR: The City Manager reported that due to additional facts obtained since submitting his previous recommendations on Job changes it is his recommendation that the position Of Assistant City Auditor be reclassified from Group 4 to Group 2 in the Salary and Rage Plan. Hr. Dillard stated that during budget study sessions Council considered a request for changes in the salaries of three Deputy Clerks in the office of the Clerk of the Courts, which was denied and which should be reconsidered if Council is going to consider the recommendation of the City Manager with regard to the Assistant City Auditor. Mr. Webber moved to tablethe report of the City Manager for consideration alga9 with the question Of the three Deputy Clerks in the officeof the Clerk of the Courts as raised byMr. Dillard. The motion Has seconded by Mr. ¥oun9 and adopted. REPORTS OF CORMIYTEES: NONE. UNFINISHED DUSINESS:~, . : LEGISLATION-CITY UDARTER: ~Council having previously considered and laid over the question of possible amendments to theCity Charter. Rt. Anderson stated that due to the time limitation inmeetingstatutory requirements and getting such proposed amendments before the.General Assembly it will.benecessary for Council to act in the matter at an early date and moved to hold a public hearing on the proposed amendments at T:SO o'clock, po m,, January 14, 1960. in the Council Chamber, the CityAttorney to prepare the proper notice of such hearing and the notice to be published by the City Clerk. The motion was seconded by Mr. Dillard . CONSIDERATION OF CLAIMS: NONE. . . ' ; , INYRODUCYION AND CONSIDERATION OF. ORDINANCES AND RESOLUTIONS: MATER DEPARTMENT: Council at its meeting of December 21, 195q, having directed the.preparation,of an Ordinance amending, the City Code to permit the concessionaire at Carvins.Uove to live in the quarters thereatl Mr. Anderson offered the followin9 emergency Ordinance:'- (ulSq42) AN ORDINANCE to amendand reordain subsection (e) 'Hours water ished opea"of Section 2. 'Ueneralrestrictions* of Chapter 2. 'Carvins Cove Area' of Title III. "Water" of Yhe Code of the City of.Roanoke, 1956:, and providingifor an emergency. (For full textof*Ordinance, see Ordinance Book No. 21, Page 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, Pickett, Webber, Young, and the '229 230 President, Mr. Mheeler ............................. NAYS~ Mr. Dillard .........................1. EASEMENTS-APPALACHIAN POMER COMPANY-SCROOLSt Council at its meeting of December 21, 1959, having directed the preparation of au Ordinance granting to the Appalachian Pomer Company a right of way across certain city-owned property in Flshbura Park to provide electric service to the Colonial Avenue Elementary School site, Mrs. Pickett offered the following Ordinance: (s13943) AH ORDINANCE authorizing and directing the proper'City Officials to execute and deliver a deed of easement to the Appalachian Power Company. WHEREAS. the Roanoke City School Board has recommended the granting Of the easement herein authorized in order that the Appalachian Power Company may make ailable electric service to the proposed Colonial Ave~ ue Elementary School site, in which recommendation this Council concurs. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials he. and they are hereby, authorized and directed, for and on behalf of the City, to execute and deliver an indenture to the Appalachian Power Company. conveying unto said company a right of may and easement, with the right, privilege and authority to said corporation, its successors and assigns, to constrnct erect, operate and maintain a line or lines for the purpose Of transmitting electric or other power thereover, said Fight of way being situate in the City of Roanoke and described as follows: BEGINNING at a point near the intersection of the projected north line of a Driveway to City Farm with the west line of Colonial Avenue; thence, running through said 13.0 acre tract in a general northwesterly direction for a distance of 246 feet. more or less. to a point located approximately 12 feet from the southerly boundary line of said 13.0 acre tract; thence, in a general northeasterly direction for a distance of 133 feet. more or less. to a point located approximately 32 feet in a southwesterly direction from the northwesterly corner of Unit shown on Plot Plan by Smithey and Boynton, Architects and Engineers. dated September 11, 1959. Comm. Ho. 1215, sheet No. 1. on file in the Office of the City Clerk. For the nominal consideration of $1.O0 and ~after the ~form 'sf s~ch indenture shall ~ave been approved by the City Attorney. Mrs. Pickett moved the Ordinance ~ ~ts-flrst reading. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the President, gr. Wheeler .............. - .... ~ ....... ?. NAYS: None .......................~ .............. O. BUDGET: Council'having previously considered the 1960 budget as submitted to the body by the City Manager in numerous special meetings, Mr. Webber offered the following emergency Ordinance providing for certain changes'in the Salary and Wage Plan: (#13944) AH ORDINANCE making certain changes la the Salary and Wage Plan. and providing for an emergency; (For full text of Ordinance, see Ordinance Book No. 24, Page 26.) Hr AYES:, Councilmembers Anderson, Cornell, Dillard, Pickett. Webber, Young, and the President, Hr. Rheeler ....... ~ ......... ~ ........ ? ..... NAYS: None .............~ .......~--~.-~ ........ 0 Mr. Young then offered the folloulng Resolution approving merit Increases contained in the 1960 budget: (n13945) A RE$OLDTION approving increases in salaries and uages into management control.rates under the Salary and Wage Plan. Ordinance No. 132D0, as recommended by the City Manager. .. (For full text of Resolution, see Resolution Book No. 24, Page Mr. Young moved the adoption of the Resolution. The motion nas seconded by Mr. Rebber and adopted by the following vote: · AYES: Councilmembers Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Rheeler .......................... 7. NAYS: None ..........................~ .......... O. Mr. Young:then offered the~following emergency Ordinance covering.the 1960 General Fund Budget: . . ,. ~ ~ : (~13946) AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning January 1, 1960, and ending December 31, 1960; and declaring the existence of an emergency. (For full text of Ordinance, seeOrdinance Rook No. 24. Page 31.) Mr. Young moved the adoption of the Ordinance. The motion ~as seconded by Mr. Anderson and adopted by tbefollowing vote: AYES: Council members~Anderson, Cornell, Dillard, Pickett. Rebber, Young, and the President, Mr. Wheeler--~-,-~--~-~-~ ........ ~-?.. NAYS: None ..................................... O. Mr. Anderson then offered the following emergency Ordinance covering the 1~60 Water Department Budget: (~13947)'AN ORDINANCE making appropriations from the Rater General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1. 1960, and ending December 31. 1960; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 24, Page 51 .) Mr. Anderson moved the adoption of the Ordinance. The motion mas seconded by Dr. Cornell andadopted by the following vote: AYES: Council sembers Anderson, Cornell, Dillard, Pickett, Webber. Young, and the President, Mr. Wheeler ......................... ?. NAYS: None ....................................O. Mr. Young then offered the following emergency Ordinance covering the 1960 Sewage Treatment Department Budget: (n13948) AN ORDINANCE making appropriations from the Sewage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1960. and ending December 31. 1960 231 2.32 end deelarieg the existence of on emergency** (For full text of Ordinance, see Ordinance Bosh Ho. 24, Page Hr. yOUng moved the adoption or the Ordinance. The motion was seconded by HFS, Pickett end adopted by the folloming votes AYE$~ Council members Anderson, Cornell, Pickett. Webber, Young. end the President, Mr. ~heeler .......................... ~AYS~ Mr. Dillard ......................1. HOTIOHS AND #ISCELLAHEOUS OUSI~ESS: AUDITORIUH: Hr. Riohard'L. Heagher, r~p'resentin9 the firm of ~ell~ and ~eagher, Architects, appeared before Council and stated that he has been advised that an architectural firm has offered to draw preliminary plans for'the proposed Municipal Auditorium for a fee of $1.OO, provided that it be given the commission for drauing plans for the said auditorium in the event Council decides to construct same. Hr. MeagheF pointing out that this procedure is in conflict mith the rules of the American Institute of Architects end requesting that he be informed as to the name of the architect or architectural firm making the offer. Mr. Meagher was advised that the City Manager expects to report to Council at its next regular meeting on the question of the proposed auditorium, which report Mill completely cover all matters in connection theremith mhich have been referred to him by Council. and that at that time the report of the City Manager mill be public information. In this connection. Mt. Paul 5. Ke~n. 1614 Chapman Avenue, S. H., appeared and offered objection to the expenditure of any funds for the construction of the proposed Municipal Auditorium, or~lanning therefor, until the matter has been submitted to a referendum'of the people and approved. Zhere being no further business. Council adjourned. APPROVED COUNCIL. REGULAR MEETING, Monday, January 4. 1960o The Council of the City of Ronnohe met in regular meeting in the Council Chamber in the Municipal Building, Monday, January 4, Ig60, at 2:00 **clock, p. n.. the regular meeting hoer, with the President, Mr. Mheeler, presiding. PRESENT: Couecil members Anderson, Corneil, Dillard, Pickett, Webber, Young, and the President, MFe Mheeler ..... 7o 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 Clerh. INVOCATION: The meeting was opened with a prayer by the Reverend James W, Brown, Pastor, Huntington Court Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, December 21, Ig59, 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. BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STATE HI6HWAYS: The City Clerk presented a Resolution of the Council of the Town of Vinton, requesting that the City of Roan*he Join with the Town of Vinton in petitioning the Virginia Department of Highways to designate Vinton Road in the City of Roanoke and Washington Avenue in the Town Of Vinton as a part of Virginia Route 115. in order that improvements may be made to permit the orderly flow of traffic between the two municipalities, especially at those times when Glade Creek overflows its banks, and, also, to eliminate a dangerous curve at the William Byrd Junior Nigh School property on Glade Creek at the corporate limits of the two municipalities. Mr, Dillard moved to direct the City Manager to confer with the Virginia Department of Highways and ascertain the cost of a survey by the Highway Department to determine the feasibility of improvements to the route as requested, and, also, to determine the.effect of such improvements on the total highway mileage within the city'upon mhich the city receives state road maintenance allocations and report thereon. The motion mas seconded by Mr. Young and adopted. REPORTS OF OFFICERS: MASTER PLAN-AUDITORIUM: Council at its meeting of November 30, 195g, having received from the City Manager his report on a proposed Municipal Auditorium and having directed the City Manager to prepare a preliminary shetch Of the pro- posed building, ascertain from the Norfolk and Western Railway Company the conditions under which the company would transfer to the city the land upon which to erect such a building and obtain an expression from the Valley Development Corporation concerning the effects of competition of such an auditorium upon 233 234 the operation of the coliseuw the corporation proposes to erect In the northwest section of the city, the City Mannger submitted his report, transmitting a letter from the Valley Development Corporation, Stating that It is wholeheartedly In favor of Ronnohe having an audit*rims rot cultural events such as concerts, plays, otc** which would require on audit*rims-type building, however, it definitely is opposed to the city developing space for trade shows, exhibitions or conventions since that type of operation would be in direct conflict with the proposed uses of the coliseum the corporation plans to erect; also, a lamer from the Norfolk and Mestern Railway Company. advising that the company, through its subsidiary, the Virginia Dolding Corporation. will donate to the city two parcels of land con- taining .72 and !,40 acres, more or less, respectively, hnown as the Kimball Parking Area. upon the following conditions: 1, Prior to said conveyance, the freeholders of the City of Roan*he shall have approved a bond issue, the proceeds from the sale thereof to be used for the construction of a municipal auditorium. 2, The contract for the construction of the audit*tiaa in accordance with plans and specifications approved by the City Manager and Council, which shall provide a minimum seating capacity of 2,500 persons, must be awarded within eighteen (18) months from the date Of the conveyance of the aforesaid parcels, and completed within three years from the date of conveyance; otherwise, said parcels shall revert to grantor. 3. The City of Roanoke shall acquire the area shown colored blue on the attached Plan N-3280-C and convert it into a parking lot to be operated in connection with the auditorium, and for such other parking purposes as the City may elect. d. The Virginia Holding Corporation shall reserve an ease- located in such manner as not to interfere with the con- struction and operation of the auditorium, and a preliminary plan for the proposed auditorium to seat 3,000 people. Mr. J. Hunter Robert, Vice President of the Valley Development Corporati~ appeared before Council and, after examining the preliminary plan for ~e audltoriu= as submitted by the City Manager, stated that there is considerable area included in the plan which could be used for trade shows, otc,, which would be in com- petition with the coliseum his company proposes to erect and in his opinion are not necessary for the operation of an auditorium for cultural purposes. After considerable discussion of the question, Mr. Mebber moved to table the matter until the next regular meeting of Council and to direct the City Manage! to furnish a copy of his plan to the Valley Development Corporation for its study. The motion was seconded by Mr. Young and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of August 24. 195g, having directed the City Manager to negotiate with owners of property for portions of their land needed to widen an alley, thus creating a new street extending westward from th~ Hollins Road Bridge over the Norfolk and Westem Railway Company tracks, south of Huntington Boulevard, N. Eo, to a point west of Mhiteside Street, as recommended by the City Planning Commission, the City Manager reported that there are seven property owners concerned, that he has property. II, Lot 17, Block O, Huntington Court Map, Tax Number 3181126 Ouner: ~, B, Booth 3156 square feet of land to be acqoired in fee simple, approxi- mately 790 square feet for slope easement (1 1/2 to I slope,) and damages to residue. Total appraised value $494,60 Mr. E, B. Booth has agreed to accept the city's offer in the amount of $494~60 for this property. It is recommended that City Council appropriate this amount and authorize the acquisition of this property. III. Lot 16, part of Lot 19, Block 0, Huntington Court Map, Tax Number 3101127 Owner: N. R. Booth, Lynch, Kentucky 3739 square feet of land to be acquired in fee simple, approxi- mstely 660 square feet for slope easement (1 ~2 to I slope), and two (2) apple trees. Total appraised value $599°90 Part of Lot 20, Block 0, 6untington Court Map, Tax Number 3161129 Ouner: W. R. Booth, Lynch, Kentucky 2581 square feet of land to be acquired in fee simple, plus 123 square feet for slope easement (1 1/2 to I slope). Total appraised value $270.40 Total appraised value of W. R. Booth property $830.00 Mr. W. R. 6**th has agreed to accept $000.30 for these properti~s, This represents $50 more than the value set by our appraisers. Mr. Booth contends there are three (3) apple trees involved on Lot 16 instead of two (2) apple trees and increased the value $50 to take care of same, It is recommended that Mr. Booth's counter offer of $880.30 be accepted by the citI and that Council appropriate this amount and authorize the acquisition of this property, IV. Lot 21, Block 8. Huntington Court Map, Tax Number 3181130 Owner: Victor E. Smith 3040 square feet of land to be acquired in fee simple, plus approximately 414 square feet for slope easement (1 1/2 to 1 slope) Total appraised value $345.40 Lot 22, Block O, Huntington Court Map, Tax Number 3161131 Ouner: Victor E. Smith 3023 square feet of land to be acquired in fee simple, approxi- mately 564 square feet for slope easembnt ( I 1/2 to l-slope), two (2) damson trees, and small locust trees, Total appraised value $458.70 Lot 23, Block 6, Huntington Court Map. Tax Number 3161132 Owner: Victor £. Smith 3002 square feet of land to be acquired in fee simple, approxi- mately 602 square feet for slope easement (1 1/2 to I slope), two (2) apple trees, and one (1) cherry tree. Total appraised value $510.40 Total appraised value of Victor E. Smith property $1,314,50 "235 '236 Hr. Smith bas made I counter offer of $1,450, This represents aa increase of $135,50 above that set by the appraisers. It is recommended that the city accept this offer and that authori- zation be given to acquire the property. ¥. Lot 24, nloch 8. H~ntington Court Hip, Tax Humber 3101133 Owner: J, H, Chrismau 2896 square reel of land to be acquired Jn fee simple, approxi- mately 476 square feet rot slope easement (1 1/2 to I slope), two (2) apple trees, and raspberry bushes. Total appraised value $469.20 Mr, Chriswan made a counter offer to the city in the amount of $1.000. This represents an increase of $530.B0, This is more than double the value of our appraisers. It is recommended Council Initiate action to acquire this property by condemnation. VI, Part Lot 22. Block 9, Huntington Court Hap. Tax Humber 3280102 Owner: Oakey C. and ~. R. Xddings 2850 square feet of land to be acquired in fee simple, approxi- mately 550 square feet for slope easement (I 1/2 to I slope), and two (2) apple trees. Total appraised value $440.00 This offer mas made to #r, and Mtso Iddings in writing. A personal call mas made to the home by the writer, MFS, Iddings informed the writer that the city*s offer was entirely tm low and that she was not interested in selling her property. She was asked to send in her'counter offer to the city. As of this date no counter offer has been received. It is recommended that City Council initiate action to acquire this property by condemnation. VII. Hollins Road Map, Tax Humber 8150103 Owner- D. ~. Nebb Estate A- Area to be acquired for fill easement 376 square feet, and damage to small residence on account of fill. Total appraised value *A B- Area to be acquired in fee simple 984 square feet, approxi- mately 3375 square feet for fill easement, and damage to two (2) dwellings. Total appraised value *Bm $2.185.90 Hoilins Road Map, Tax Number 3150104 Owner: D. ~. Nebb Estate Irregular shaped tract of land located between the present site of the bridge over the Norfolk and Nestern Railway and alley south therefrom. Total appraised value $100.00 Total appraised value of D. W, Webb Estate $2,492.30 An offer of $4000 has been received from the heirs of the D. Nebb Estate. This represents an increase of $1.507,?0 more than tb~ value set by the appraisers, It is recommended that Council initiate action to acquire this property by condemnation pro- ceedings, the City Manager suggesting that before acting on the matter Council visit the site for a study of the proposed improvements. Mrs. Pickett moved to table the matter until the next fibular meet ~ g of Council in order to permit visiting the site as 'suggested by the City Manager. The motion mas seconded by Mr, Anderson and adopted, REPORTS: The City Manager 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. Mr. Young moved to file the report. The motion was seconded by Mr. Anderson a~d adopted. REPORTS OF COMMITTEES: HONE. UNFINISHED BUSINESS: / After considerable discussion, Mr, Anderson moved to receive and file the reports, including the proposal of the International Business Machines Corporation and the report of the committee, for further consideration. The motion was seconded by Mr, Young and adopted, BDOGET: Council during its sessions In Iq$9 having deferred for considera- tion along with the 1960 budget certain matters for which funds were not provided in said budget and upon which Council made decisions as to their disposition durin its budget study ~sslon$. M~ ~b~Tmoved t~t L~y be made a matter of record as follows: 1. A preliminary plan for a proposed major truck route along Patrick Ilenry Avenue. ~hiteside Street md Bollins Road. N. E.. from Orange Avenue to the north corporate limits, as presented by the City Manager under date of April 20. lqSg. at an estimated total cost of $5D5.150.00. which plan contemplates the eventual connection of the proposed route with Interstate Route O1 to be constructed north of the city. The plan is approved in principal with the understanding that the City Manager will from time to time. as funds are ovailable, submit to Council recommendations for portions thereof. Council directs that the question of a name for this street be referred to the City Planning Commission for study and recommenda- tion. 2. A proposal of the Wildwood Civic League under date of April 15. 195~. that consideration be given to the erection of a small elementary school in Thrasher Park which would permit grade school pupils to attend school in their home neighborhood and eliminate the necessity Of transporting them to Schools in other neighborhoods, and. in addition, would serve as a civic and recreational center for the area. The matter is referred to the Roanoke City School Board for study and recommendation. A request of the Citizens Protective Association under date of September 28. 1959. that provision be made for the employment of negro firemen and additional negro policemen in the city. The City Clerk is directed to advise the Citizens Protective Association that the employment of members of the Police Department and the Fire Department is administrative and under the control Of the City Manager. 4. A petition of residents of the Jackson Park section in the north- east section of the city under date of July 28. 195g. requesting that sanitary sewers be constructed to serve their properties. The matter is referred to the City Manager for an estimate Of the cost involved. 5. A report of Alvord. Durdick. and Bowson on its survey for additional water supply for the City of Roanoke as submitted to Council at its meeting of October 26. The matter is referred to the City Manager for study and recommenda- tion. A report of the City Manager under date of November 2. 195g. concerning the acquisition of land from the Huff Estate for the widening of Huff Lane. N. ~,, on the west side. between Vancouver Drive and Durham 5tree,. r'. 37 238 Th~ mutt~r is tabled, 7, A petition dated Aagust 24, 1q59, from residentsof the 1600 blocks of Maiden Lane and Westover Avenue, S, #** requesting thut the city install a storm drain to relieve them of flood mater damages, The City Manager having advised that the condition has been alleviated and in his opinion no need exists for the construction or a pipe drain at this time, the City Clerk is directed to advise the petitioners accordingly. 0. A request of Mr, AD F. Magnet under date or November 2, 1q59, that a traffic control light be erected at Orange Avenue and Seventeenth Street, Ne The request is denied. 9. A general plan for the development of the path area atop Mill Mountain as presented by the City Manager under date of November 23. 1959. The plan is generally approved. 10, A request of the Northwest Civic League dated December q, 1959, that the city acquire from Mr. E. Jackson Thomas a tract of l~nd adjacent to the Villa Heights Community Center containing approximately 3.121 acres and that the city require the caretaher to live in the com- munity center. The question of the caretaker living in the community center is referred to the City Manager as an administrative matter. The question of the acquisition of additional land is referred to a committee composed of Messrso Roy L. Mebber, Chairman, Mrs. Mary C. Pickett and Mr. Nillis a. Anderson for study end recommendation. The motion was seconded by Mr. Young and adopted° CONSIDERATION OF CLAIMS: NONE. IF~FRODHCTION AND CONSIDERATION OF ORDIN~CES AND RESOLUTIONS: EASEMEr~fs-APPALACHIAN PO~ER COMPANY-SCHOOLS: Ordinance No. 13943, authorizing and directing the proper city officials to execute and deliver a deed of easement to the Appalachian Power Company for electric service to the proposed Colonial Avenue Elementary School site, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Youog offerin~ the follouing for its second reading and final adoption: (=13943) AN ORDINANCE authorizing and directing the proper City Officials to execute and deliver a deed of easement to the Appalachian Power CompanF. (For full text of Ordinance, see Ordinance Book No. 24, Page 55.) 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, Webber, Young, and the President, Mr. Rheeler ......... NAYS: None ................... GASOLINE: Council at its meeting of December 28, 1959, having directed the preparation of a Resolution accepting certain proposals for furnishing the gasoline requirements of the city for the lear lgbO, Mr. Anderson offered the following Resolution: (=13949) A RESOLUTION accepting the proposal of American Oil Conpany for furnishing regular gasoline to the Mater Department and the proposal of The Pure Oil Company for furnishing regular and premium gasoline to the City Garage and premium gasoline to the Fire Department, for the calendar year 1960, and rejecting all other bids including that of Atlantic Refining Company, Mhich · 239 '0 company's bid mss Ion for furnishing gasoline to the City Garage, because It has no bulb plant in the city, (For roll text or Resolution, see Resolution Book No, 24, Page $6,) Hr. Anderson moved the adoption or the Resolutioe, The motion was seconded by Dr. Cornell and adopted by the rolloulng vote: AYES: Council members Anderson, Cornell, Dillnrd, Plchett. Webber, Young, and the President, #r. Nheeler ......... ?. NAYS: None ................... O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned, APPROVED ~lerk ' President 240 The Council of the City of Roanoke met in regular meeting in the Council Chamber in the #uoicipnl Uuflding. Monday. January 11o 1960. at 2:00 ,*clock. p.m.. the regular meeting hooF. mith the President. Mr. Wheeler. presiding. PRESENT: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the President. Mr. Wheeler ........................................ ABSENT: None ........................................................O. 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 mith a prayer by the Reverend Samuel Shillman. Rabbi. Temple Emanuel Congregation. MINUTES: Copy of the minutes of the regular meeting held on Monday. Decem- ber 28. lgSg. having been furnished each member of Council. upon motion of Mr. Anderson. seconded by Mrs. Pickett and adopted, the reading was dispensed with and the minutes approved as recorded. DEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMRUNICATIONS: FRANCHISES-APPALACHIAN POWER COMPANY: The City Clerk presented a communica. tion from t~e Appalachian Power Company. in connection mith the new street lighting contract between the City of Roanoke and the Appalachian Power Company. effective January 1. lgbO. advising Council of the number of street lights of various classi- fications in service on January 1. 1960. totaling 3.451 which is the minimum nnmber of lights that shall be in service at any one time under Article V of the said contract. Mr. Y,un9 moved to direct the City Manager to verify the number of street lights in service as reported by the Appalachian Power Company and advise the City Clerk accordingly in order that such verification and the letter from the Appalachian Power Company may be filed with the contract. The motion was seconded by Mr. Anderson and adopted. ARMORY: The City Clerk presented a communication from the Roanoke County Chapter of the New March Of Dimes. advising that on January 16. 1960. the March of Dimes and the Police Athletic League will co-sponsor an amateur boxing match at the National Guard Armory to raise funds for the support oftbe 1960 March of Dimes Campaign in Roanoke City and Roanoke County. and requesting that Council waive the rental fee of $?5.00 for use of the armory on this occasion. Mr. Webber moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Young and adopted. Mr. Dillard v~in no. "242 STREETS AWD ALLEYS: The City Clerh presented n petition from Hr. Mlllinm B. Draper, et al., requesting that portions of Indiana Avenue, N, E., nnd Mohawk Avenue N. E.. lying between Seventh Street and the right of way of the Shenandoah Valley Division of the Worfolk and #estern Rallmay Company. be permanently vacated, dis- continued and closed. Mrs. Pickett moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Hr. Anderson and adopted. EASE#ENTS-AFPALACHIAN FOMER CO#PANY=SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board. requesting that Cooncil grant an easement to the Appalachian Power Company for o power line to furnish electric service to the Raleigh Court Elementary School site. #r. Young moved to concur in the request of the School Board and offered the following Ordinance: (n159S0) AN ORDINANCE authorizing and directing the proper City Officials to execute and deliver a deed of easement to the Appalachian Power Company. RHEREAS, the Roanoke City School Board has recommended the granting of the easement herein authorized in order that the Appalachian Power Company may make available electric service to the proposed Raleigh Court Elementary School. Jn which !recommendation this Council concurs, YHEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be. and they arehereby, authorized and directed, for and on behalf of the City, to execute and deliver an indenture to the Appalachian 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 construc erect, operate and maintain a line or lines for the purpose of transmitting electric or other power thereover, said right of way being situate in the City of Roanoke and described as follows: BEGINNING at a point on the south side of Grandin Road. said point being 170 feet east of Guilford Avenue~ on the east side of a 15 foot alley intersecting with Grandin Road; thence, running in a general southeasterly direction along the east side of said alley a distance of lO12 feet, more or less, to a point; thence, in a general easterly direction along the south side of the proposed Lofton Avenue Extension, a distance of 650 feet, more or less, to its terminus, as shown on Plot Plan by Smithey and Boynton, Architects and Engineers, dated September 11, 1959. Comm. No. 1214, sheet No. 1, on file in the Office of the City Clerk, for the nominal consideration Of $1.00 and after the form of such indenture shall have been approved by the City Attorney. Mr. Young moved the Ordinance on its first reading. 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. ~heeler ................... NAYS: None ..............................O, ZONING-SEtBACK LINES: The City Clerk presented a communication from the City Planning Commission. recommending that Council establish setback lines on both sides of Patterson Avenue, S. N., between Seventh Street and Thirteenth Stree~ in order to provide for a street right of way 100 feet wide, and advising that such ,0 professional services he claims to hare rendered the city at the Seuage Treatment Plant. Mr. Dillard moved to concur in the request. The notion was seconded by Dr. Cornell. In reply to a question from Mr. ~ebber, the City Manager advised that undoubtedly the city owes Rr. Coxe for professional services performed at the Sewage Treatment Plant, but he would rather look into the matter and report to Council on the amount thereof. Rfp Webber then offered a substitute motion to refer the matter to the City Manager for study and recommendation. The motion Has seconded by Rt. Young and adopted. REPORTS OF OFFICERS: DELINQUENT TAXES: The City Manager submitted a request of the Delinquent Tax Collector that Council authorize and direct the City Attorney to cause a suit to be instituted for the purpose of enforcing the city's tax lien for delinquent taxes on Lot 6, Block 14, Rashington Club Land Company. assessed in the name of Mr. G. C. Bready. advising that no taxes hare ever been collected on this property, and that he concurs in the request of the Delinquent Tax Collector. Rt. Anderson moved to direct the City Attorney to prepare a Resolution carrying out the recommendation of the City Manager. The motion was seconded by Dr. Cornell and adopted. EASEMENTS-SEWERS AND S~ORM DRAINS:, Council at its meeting of December 14, 1959, having tabled a recommendation of the City Manager that a right of way be acquired from Mrs, Genera Wiggington Waters for construction of a storm drain through her property located on Thirty-sixth Street, N. W., until the City Manager reported that all other easements required for this storm drain had been acquired, the City Manager advised*that only the easement required through Mrs. Waters* land has not been acquired and requested that Council authorize acquisition thereof as previously recommended by him. Mr. Anderson moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~13951} AN ORDINANCE accepting the offer of Geneva C. and D. Stanley, · aters to convey unto the City a perpetual storm drain easement across Lot 35, Map of Oregon Park, and providing for an emergency. 24'3 2;44 City of Roanoke in its pending annexation suit against Roanoke County, necessitates changes in the city*s legal representation in the pending suit, and recommended that Council employ Attorneys Kossen Cregory and Richard T. Edwards. Roanoke, Virginia. and Samuel R, Williams, Lynchburg, Virginia, to render the requisite legal services in connection with the pending annexation suit, Rro Webber moved to cononr in the recommendation of the City Attorney and offered the following Resolution: (=13952) A RESOLUTION employing certain attorneys to render legal services in connection with the city's pending annexation suit. (For full text of Resolution, see Resolution Book No. 24, Page $7.) 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 Hr. Wheeler ............................................ 5. NAYS: Council members Corn*Il and Dillard ..... Hr. Webber then offered the following Resolution repealing Resolution 13758, under which the firm of Woodrum and Gregory was emploled: (~13953) A RESOLUTION repealing Resolution No. 13758. (For full text of Resolution, see Resolution Book No, 24, Page Hr. Webber moved the adoption of the Resolution, The motion was seconded by Hr. Anderson and adopted by the following vote: AYES: Council members Anderson, Corn*Il, Pickett, Webber, Young, and the President, Rt. Rheeler ......................... NAYS: Mr. Dillard .....................1, REPORTS OF EOHRITTEES: WATER DEPARTHENT: Council at its meeting of December 7, 1959, having referred to a committee composed of Hessrs. Roy L. Webber, Chairman, Arthur S. Owens and Raymond E. Pillow, for stndy and recommendation, a request of the Town of Vinton that the City of Roanoke grant to the Town permission to extend water mains and to sell water purchased from the City of Roanoke within a 1.5 square mile area lying in Roanoke County to the south and east of the present corporate limits of Vinton, proposed to be annexed by said Town of Vinton, the committee submitted its report, recommending that the Town be informed that upon its annexation of the area in question it may make application to the Water Depart- ment of the City of Roanoke for such service in accordance with the then existing Rules and Regulations of the Water Department. Mr. Webber moved to concur in the recommendation Of the committee. The motion was seconded by Hr. Young ~d adopted. UNFINISHED BUSINESS: ZONING: Coaacil at its meeting of November 16, 1959, having referred to the City Planning Commission for study and recommendation a request of Joseph R, and F, P. NaJJun that their property designated as Lots 6, ? and O. Block F, Rorer Rap. located on the north side of Patterson Avenue, S, Wot at Eleventh Street. be rezoned from Special Residence District to Business District, the City Planning Commission submitted its report, recommending that the request of the petitioners be granted, and. in addition, that tmo adjacent lots designated as Official Tax Nos, 1112011 and 1112012 be rezoned to Business District. Rro Anderson moved to set a public hearing in the matter for 2:00 o'clock. p, m** February 8, 1960, in the Council Chamber, and to direct the attorney for the petitioners to prepare the proper notice of such hearing, have it approved by the City Attorney and present it to the City Clerk for publication, The motion was seconded by Mr. Yoong and adopted. ZONING: Council at its meeting of November 30, 1959, having referred to the City Planning Commission for study and recommendation a request of Ilelen Overstreet that Lot 11. Block 0, Idlewild Park. located at the intersection of Vinton Road and King Street, N. E., be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, recom- mending that the request of the petitioner be granted, and, in addition, that an adjacent lot owned by the petitioner, being Lot I0, Block fl, Idlewild Park, also be rezoned to Business District to permit provision for off-street parking. Mrs. Pickett moved to set a public hearing in the matter for 2:00 o'clock, p. m., February B, igBO, in the Council Chamber, and to direct the attorney for the petitioner to prepare the proper notice thereof, 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, ZONING: Council at its meeting of November 23. lgSg, having referred to the City Planning Commission for study and recommendation a request of C. J. Ouilliams. et al., that their property located on the south side of Shenandoah Avenue, N. W., between Beech Street and Gum Street. designated as Official Tax Nos 2630§01-2630505, inclusive, be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, recommend- ingthat the request of the peti~oners be granted and pointing out thatthe petitioners haveindicated their willingness to dedicate a 15-foot wide strip of land along the front of their properties for the future midenin9 of Shenandoah Avenue. Mr, Young moved to set a public hearing in the matter for 2:00 o'clock, p. m., February 8. 1960, end 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 Dr, Cornell and adopted. 245 246 PURCHASE OF PROPERTY-STRE~S AND ALLEYS*STREET NARES: Council at its meeting of.January 4, 1960. having referred to the City Planning Commission rot study and recommendation the question of providing n name for the proposed truck route extending from Orange Avenue, N, E** to the city limits, over Patrich Henry Avenue,,Mhiteside Street, Hollins Road. etc., the City Planning Commission submitted its report, recommending that the route officially be named Patrich Henry Road. Mr. Anderson moved to request the City AttoFaey to advise Council mhether or not the recotmeodation of the City Planning Commission is in conformity with .the section of the City Code dealing with the naming of streets and avenn es. The motion mas seconded by Dr. Corn*Il and adopted. JUVENILE DETEI~ION HOME: Council at its meeting of December 14, Ig59o having requested that the Judge of the Hustings Court appoint a special grand Jury to investigate alleged violations of lam and irregularities at the Juvenile Detention Home, the City Clerk presented a communication from Judge Dirk A. Kuyk, advising that he has examined the files on the matter, consulted with representatives of Council, the Commonwealth*s Attorney and the Captain of Detectives, as a result of which, it does not appear that an investigation by a grand Jury would result in indictments for violations of the law, and has concluded, based upon all information presented to him or which has come to his attention, that it is neither proper nor necessary to have a 9rand jury make the investigation as requested. Mr. Anderson moved to file the communication. The motion was seconded by Mrs. Pickett and adopted, Messrs..Dillard and Cornell voting no. MASTER PLAN-MUNICIPAL AUDITORIUM: Council at its meeting of January 4, 1960, having tabled until its next regular meeting a report of the City Manager concerning the proposed municipal auditorium, the matter was again before the body. Mr. Webber moved to refer the City Mauager*s reports and plan for the proposed auditorium to a committee composed of Ressrs. Vincent S. Mheeler, Chairman, RJllis R. Anderson and Palter L. Young for study and recommendation. The motion was seconded by Mr. Dillard and adopted. PURCHASE OF PROPERTyoSTREETS AND ALLEYS: Council at its meeting of January 4, lg60, having tabled until its next regular meeting the question of acquiring portions of property facing on Huntington Boulevard, N. E., for the purpose of providing a new street in the rear thereof, during which time the members of Council would visit the site. the matter was again before the body. Mr. Webber moved to table the matter. The motion was seconded by Mrs. Pickett and adopted. CONSIDERATION OF CLAIMS: NONE. Ir~RODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOBS BUSINESS: · 247 ELECTION OF OFFICERS: The City Clerk reported the qualification of the following: Mr, William J, Braascom as a member of the Advisory Committee on Investment of Funds to the Board of Trustees of the Employees* Retirement system for a term ending December 31, 1962; Mr, Harold R. Hill as a member of the Roanoke Valley Regional Planning and Economic Development Commission for a term ending December 31, 1962: and Messrs. Alphonse M, Eckstein, F, M, Brill, S, H. Barnhart, Louis P. Smlthey and L, Kiwood Norris as members of the Hoard of Zoning Appeals for terms ending December 31, The report was ordered filed. ELECTION OF OFFICERS: The City Clerk reported that the terms of Mrs. Margaret So Whittaker, Go Frank Clement and Thomas P, Parsley as members of the Housing and Hygiene Board will expire on January 31, 1960o the terms being for two years each. Mrs. Pickett placed in nomination the names of Mrs. Margaret S. Whittaker Do Frank Clement and Thomas P. Parsley as members of the Housing and Hygiene Hoard for terms Of two years each beginning February 1, 1960, Mr. Webber moved to close the nominations, The motion was seconded by Mr, Young and adopted. Mrs. Margaret S. Whittaker, Mr. G, Frank Clement and Mr. Thomas were reelected as members of the Housing and Hygiene Board for terms Of two years each beginning February 1, 1960, by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ........ 7, NAYS: None ...................O. There being no further business, Council adjourned, APPROVED 248 COUNCILs SPECIAL MEETINGs Thursday, January 14, 1960, The Council of the City of Roaaohe met in special meeting io the Council Chamber in the Municipal Buildings Thursday, Janoary 14, lgGOs at ?:30 o'clock, p, m., for So purpose of holding a public bearing on the question of certain changes in the City Charter as proposed by members of Council, the Presidents Mr. Mheeler, presiding° PRESENT: Council members Anderson, Corncll, Dillard, Pickett, Mebber, and the President, Mr. Mheeler ............... ABSENT: Mr, Young ...............!. OFFICERS PRESENT: Mr. Randolph G. Whittle, City Attorney, and Miss Virgin L. Shaw, Deputy City Clerk, LEGISLATION-CITY CHARTER: The Presidents Mr. Mheeler, stated that the present meeting is being held for the purpose of conducting a public bearing on the following proposed changes in the City Charter as suggested by members of Council: 1o Provide that, where a vacancy exists on Council uhich alii run for mare than t~o years subsequent to the next general election, all candidates for Council file in the same manner and that the ~inning candidate ~ith the least votes serve the short term, Provide for the appointment by Council of the Judge and substitute Judges of the Juvenile and Domestic Relations Court after the expiration of the term of the present Judge. Provide for the appointment by Council, rather than the City Manager, of members of the City Planning Commission, Provide for elimination of the title of President and Vice President of Council and substitute therefor the title of Mayor and Vice Mayor, who shall be those'two persons receiving the largest and second largest number of votes in each regular councilmanic election, or, as alternate, that three members Of Council be elected each tuo years for four-year terms and that a Mayor be elected at each councilmanic election to serve for a two-year term, which Mayor would have all the powers and duties of a member of Council and, in oddition thereto, would be the official head of the city for ceremonial purposes and as may be specifically conferred by ordinance not in conflict with the Charter. 5, Provide that all special police and police officers shall be appointed by the City Manager with the approval of Council. Provide that City Council be required to fix speed limits, determine parking meter regulations, proride for the installation of electric traffic signals, etc., by ordinance. 7. Provide that the City Manager shall appoint all department heads not otherwise provided for by the Charter with the approval of Council. Provide that Council shall have complete control over the City Auditor. q.Provide a definite term of one year for the President (Mayor) and Vice President (Vice Mayor) of Council. 10. Provide that the President (Mayor) shall be that persnn who receives the largest number of votes at each regular councilmanic election. Homever, his term of offic~ shall be for two years beginning two years after taking his seat upon Council. uanic election receiving the highest number of votes over the other unsuccessful candidates. Mr. Ho D. Hardin objected to this procedure, voicing the opinion that Council would be putting Into office a person whom the voters had already rejected. In a discussion of Pruposal Ho, 2, Mr, Dillard pointed out that the statute provides for the appointment of only one substitute Judge. Mr. Anderson stated that he suggested Proposal No. 3 because of a previous request of the Chamber of Commerce. Mr. Arthur T. £11ett, President of the Chamber of Commerce, and Mr, A. S. Rachal, Jr., Executive Director, appeared before Council and urged that the membe: of the City Planning Commission be appointed by Council rather than the City Manager. Mr, Keen stated that he does not think any member of Council should be a member of the City Planning Commission. question of establishing prerequisites, such as experience, for the person running directly for Mayor, Mr. Dillard replied that in his opinion the only prerequisite should be that the candidate be a qualified voter. Dr. Corn*Il stated that he feels that the Mayor of ~he City of Roanoke should have such personal attributes as to be able to sell Roanoke to others and that In his opinion the Mayor should be elected directly by the people. Mr. Keen agreed with Dr. Cornell. In a discussion Of Proposal No. 5, Mr. Dillard voiced the opinion that allowing the City Manager to appoint special police officers without the prior approval of Council is granting too much power to an individual. Mr. Dillard stated that he has suggested Proposal No. 6 because he feels that the City Charter requires Council to pass all the laws Of the city. In a discussion of Proposal No. ?, Mr. Dillard stated that he has suggeste[ this change in the City Charter because he feels that Council should be allowed to decide on the efficiency of a department head before such person is appointed and that he feels such unwarranted power on the part of the City Manager is taking the government away fromSe people. Mr. Hardin expressed the opinion that if the Mayor is to be decte~ directly by the people and Council is to approve all department heads the city 250 will be reverting to the nard system, Mr, Keen stated that he can see nothing urong ulth Council giving its prior approval to the uppolntmeut of the department heads and that he does not feel Council mould be taking any power nmoy from the City Manager, #hen Propo~alMo, O, providing that Council shall have complete control orer the CJly Auditor, was read, Jt wes pointed out that Council appoints the City Auditor and it was the consensus of the body that Council already has such controlo In a discussion of Proposal No. 9. Mrs. Pickett stated that she feels a matter as important as the term of the Mayor and Vice Mayor should he spelled out in the Charter, In a discussion of Proposal Mo, 10, Dr. Cornell stated that until Mr. Dillard received the highest number of votes in the Councilmanic election of 1956 it mas an unwritten law that in the Councilmanic elections where a majority of the Council seats were to be filled the candidate receiving the most votes would be elected Mayor by the other members of Council, but that when Mr. Dillard was elected to Council this practice was dropped. At this point, Mr, Alfred V. Thomas appeared before Council and presented a written statement, recommending that the body ask the local representatives in the General Assembly to seek a Charter chan~e increasing the ~laries of members of Council in order to attract those better able to serve the city. Dr. Cornell voiced the opinion that money should not be of importance to a candidate for Cooncil, bet that he should be primarily interested in serving the people. Mro Dillard stated that he feels the salary of a member of Council should be nothing or a little more. Everyone present having been given an opportunity to be heard, and Council being of the opinion that since a full membership is not present action on the proposed Charter changes should not be taken until the next'regular meeting of the body, Mr. Webber moved to adjourn. The motion was seconded by Mr. Dillard and adopted. APPROVED '.'251 COUNCIL. REGULAR MEETING, Monday, January lB. 1960. The Council of the City of Roan.he met in regular meeting in the Council CbaBber in the Municipal Building. #onday. January lB. 1960, at 2:00 .*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 .... ABSENT: None ....................O. ' OFFICERS PRESENT: Mr, Arthur So Ouens. City Manager. Mr. Randolph Mhittle. City Attorney. Mr. Milllam F. Grlggs. Assistant City Auditor. and Miss Virginia L. Shau. Deputy City Clerk. INVOCATION: The meeting was opened with a prayer by Ur. Nude B. Bryant. Pastor. First Baptist Church. INVITATIONS: Mrs. Ralph K. Boules. together uith members of the Program Committee for the Preston Park Community Center. appeared before Council and invited the members of the body to attend the cornerstone laying ceremony for the community center at I0:~0 ,*clock. a. m.. January 23. 19bO. and to contribute any items of interest they may desire for placing in the cornerstone. CITY CLERK: A communication from the City Clerk. advising Council that. in conformity with Section 5. Chapter 6. Title II. of The Code of the City of Roanoke. 1956. he appointed Miss Virginia L. Shaw as the Deputy City Clerk of the City of Roanoke on January 13. 1960. was read. An Oath of Office. showing that Miss Shaw qualified as Deputy City Clerk before the Clerk of the Courts on January 13. 1960. was then presented. Mr. ~ebber offered the following Resolution confirming the appointment: (=!3954) A RESOLUTION confirming the appointment of Virginia L, Shaw as Deputy City Clerk. (For full text of Resolution, see Resolution Book No. 24, Page 59.) Mr. ~ebber moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillar~ Pickett. Nehber, Young, and the President, Mr, Wheeler ........... T. NAYS: None .............................O. MINUTES: Copies of the mindtes of the regular meetings held on January 4. 1960. and January !1. 1960. having been furnished each member of Council. upon motion of Mrs. Pickett. seconded by Mr. Young and adopted, the reading ~as dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND CORRUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company. reporting the installation of three 6000lumen. four 10000 lumen, five 2500 lumen and fourteen 21000 lumen street lights in the City of Roanoke during the month of December. 1959; also. the replacement of three 6000 lumen street lights with '252 10000 lumen units and six 10000 lumen units with 21000 lumen units, was before Council. On motion of Hr. Young. seconded by Mr. Anderson and adopted, the communication mas filed. ROUSING AND SLUR CLEARANCE: A communication from the City of Roanoke Redevelopment md Rousing Authority, reporting that $13,240.49. representing ten per cent of the shelter rent received from Lansdowne Park, Project Va, 11-1, and Lincoln Terrace, Project Va. 11-2. for the period beginning October 1, 195G, and ending September 30. 1959, due the City of Roanoke by the Roanoke Redevelopment and Rousing Authority in lieu of the payment of taxes, has been credited to the city in connection with the recoupment by the Rousing Authority of its ndvance to the City of Roanoke of the city*s portion of the cost of off-site improvements made by the Authority at the two projects, leaving a hlance of $74,056,07o was ~efore Council. Mr. Webber moved that the communication and statement be filed and that a copy of same be forwarded to the Roanoke Valley Real Estate Board for its information in accordance with action taken by Council on April 27. 1953, The motion was seconded by Dr. Cornell and adopted. ZONING: A communication from Diamond Plastics Industries, Incorporated, requestinG that a lO-acre tract of land lyin0 on the east side Of Hollins Road. N. E** being a southerly portion of Official Tax No, 3300101 and immediately north of the tract of land designated as Official Tax No. 3300104, be rezoned from General Residence District to LiGht Industrial District, was before Council, Mrs. Pickett moved that the request be referred to the City Planning Commission for study and recommendation. The motion was seconded by Mr. YounG and adopted. INDUSTRIES-STREeTS AND ALLEYS: A communication from the Norfolk and Western Railway Company, pointinG out that Ordinance No. 13916, adopted on November 30, provided for the permanent vacating, discontinuance and closing of certain streets, avenues and alleys in the vicinity of Fallon Park in connection with the proposed extension by the Norfolk and Nestern Railway Company of its line of railroad to connect with the former Virginian Railway Company, and that certain portions of the streets and avenues may have reverted to the city by virtue of its ownership of certain lands abuttinG same, was before Council, the Company requestinG that the city quitclaim any reversionary interest it may have in the closed portions of Twenty-third Street, S. E** north of Cart Avenue, Carr Avenue and old Dale Avenue. In a discussion of the matter, Mr. Young pointed out that the State Corporation Commission has authorized the Norfolk and Western Railway Company to condemn the two parcels of land abuttinG the streets and avenues in question, but explained that the Ordinance closinG said streets and avenues has gone into effect before the transfer Of title to the two parcels of land has been completed. Rr. Anderson moved that Council concur in the request and offered the folloming Ordinance~ ;253 ' (w13955) AN ORDINANCE p~ovldiug for the release, quitclaim and conveyance by the City of Roanoke to Norfolk and Restern Railway Company of such reversionary rights and interests in certain portions of 33rd Street. $. E.o Cart Avenue. S. E.. and old Dale Ay,use. S. E** as said City may have acquired in said street and avenues by virtue of a certain closing of the same. MDEREAS. ia connection mlth the proposed extension by Norfolk and Western Railway Company of Its'line of ~ailroad mithln the City of Roanoke. Roanoke County and the Town of VJnton for the purpose of connecting the main line tracks of said company with those of the former Virginian Railway Company. portions of 23rd Street. S. £.. Car~ Avenue. S. E.. and old Dale Avenue. S. £,, together with portions of other street s. ~venues and alleys, were permanently vacated, discon- tinued and closed in accordance with the provisions of Section IS-766.1 of the 1950 Code of Virginia. as amended, pursuant to the approval of this Council as evidenced by its Ordinance No. 13916. adopted on November 30. 1959; and RHEREAS, upon the closing aforesaid, certain portions of 'said 23rd Street. S. E., Carr Avenue. S, E., and old Dale Avenue, S. E., may have reverted to the City by virtue of its ownership of certain lands abutting said streets and avenues, portions of which said abutting lands have since been authorized by the State Corporation Commission of ¥irqinia to be condemned by Norfolk and Restern Railway Company from said City of Roanoke; and RREREAS, Norfolk and Restern Railway Company desires to acquire along with said abuttin9 lands s*uch interests as the said City may now have in those tions of 23rd Street, Carr Avenue and old Dale Avenue. aforesaid, which were recently vacated, discontinued and closed, and this Council deems it to the best interests of the City to authorize the release and quitclaim hereinafter provided. THEREFORE, DE IT ORDAIneD by the Council of the City of Roanoke that the City of Roanoke doth ~lease, remlse and forever quitclaim unto Norfolk and Western Railway Company all of said City*s right, title and interest in and to certain former venues and streets in said City more particularly descrihedas follows, to-wit: !. That portion of former 23rd Street, 5, E., from the north line of Dale Avenue, S. E., to a line opposite Lot 3, Dioch 31, McDonald Addition Map; which line is near the easterly terminus of Wise Avenue, S. 2. That portion of former Cart Avenue, S. £., from the west line of 23rd Street, $, E., to a line approximately 120 feet west therefrom; and 3. That portion of old Dale Avenue. S. E** which lies north of and is partially contiguous to present Dale Avenue from the east corporate limits of the City of Roanoke (center line of Tinker Creek) and a point approximately lO0 feet west of former 23rd Street. S. the present vacating, discontinuing and closing of which, together with certain other streets, avenues and alleys, was heretofore approved by its Ordinance No. 13916, adopted on the 30th day of November, 1959; and the Rayor and the City Clerk are hereby authorized and directed to execute, seal, acknowledge and deliver, on behalf of said City, to Norfolk and Western Railway Company such deed or deeds of .254 quitclaim and release, approved as to form by the City Attorney, as may be necessary to effectuate the aforesaid release and conveyance, such deed or deeds to be made upon c~nsideratlon of the sum of $1.00, cash. paid to said City. Mr. Anderson moved the Ordinance on lts first reading. The motion was seconded by Rt. Dillard and adopted by the following vote: AYES: Council members Anderson. Corn*Il. Dillard, Pickett. Webber, and the President. Hr. Wheeler ............ 6. NAYS: None .................... O, (Nr. Young not voting) ZONING: A petition ~ Norma Ann Plunkett, et al,, requesting that property located on the north side of #cClanahan Street. S. #** between Crystal Spring Avenue and Rosalind Avenue, described as Lots 7 and B, *lock 41, Crystal Spring Land Company, and the westerly portion of Lots 1, 2, $, 4. 5 and 6, inclusive, Block 50, Crystal Spring Land Company, Official Tax Nos. 1040901, 1040g02 and 1040g03, be fez*ned from Special Residence District to Business District, was before Council. Mrs. Pickett moved that the request be referred to the City Planning Commission f~ study and recommendation, The motion was seconded by Mr. Young and adopted. PARKS AND PLAYGROUNDS: A petition signed by seventy-six property owners on Windsor Avenue, Dudding Street and Devon Road, S. N., opposite Raleigh Court Park and property owners within the immediate vicinity, opposing the use Of Raleigh Court Park as a ~sebali park, was before Council. In a discussion of the matter. Dr. Corn*Il and Mr. Dillard stated that it is their understanding the objectors are under the impression the backstop for the baseball park is to be moved closer to the street, to which the City Manager replied that he is of the opinion that the backstop will be further in the park than before. Mr. Webber moved that the matter be referred to the City Manager for study report, The motion was seconded by Mr. Young and adopted. REPORTS OF OFFICERS: ELECTIONS: The City Manager reported that on December 13. 1959. bids for the printing of two hundred copies of the 1960 Votln9 List were received, opened and read in the office of the Purchasing Agent and that the bid of Hammond's Printing and Litho. Works at a price of $11.49 per page. a total cost of approximately $6,77g. 10, was low, the City Manager recommending that the low bid be accepted, Mr. Young moved that Council concur in the recommendation of the City Manager and that the City Attorney be directed to prepare the proper Resolution accepting the bid of Hammond*s Printing and Litbo, Works. The motion sas seconded by Mr, Anderson and adopted. BUDGET-DEPARTMENT OF PUBLIC ~ELFARE: The City Manager presented a request from Mr, Claude M, Dickers*ri. Pharmacist for the City of Roanoke, that the amount set forth in his contract mlth the city for professional services be increased from $3,300o00 per year to $3,600,00 per year, It appearing that Council Increased the amount In the contract from $2,700,00 to $3,300,00 last.year, on motion of Hr, Dillard, seconded by Hr, Young and adopted, the request mas filed, BUDGEToRECREATION DEPARyMENT: The City Manager requested that $1,600,00 be transferred from Supplies under Section allO, *Recreation Department.* to the Parks and Recreational Areas account under Section ~144, *Departmental Equipment and Improvements.' of the lgCO budget, to provide for the installation of a kitchen in the new Preston Park Community Center. Mr. Young moved to concur in the request of the City Manager and offered the following ~mergcncy Ordinance: (~13956) AN ORDINANCE to amend and reordaJn Section ~!10, 'Recreation Department.* and Section z144, WDepartmentul Equipment and Improvements,' of the 1960 Appropriation Ordinance, and providing for an emergency. (For f~ll text of Ordinance, see Ordinance Book No. 24, Page 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, Pickett, Webber, Young, and the President, Mr. Rheeler ........ NAYS: None ...................O. ARMORY: Council at its meeting of January 11, lgCO, having referred to the City Manager for study and recommendation a request of the Roanoke County Chapter Of the New March of Dines that Council waive the rental fee for use of the National Guard Armory in connection with an amateur boxing match to he co-sponsored by the March of Dimes and the Police Athletic League on January 16, lgCO, to raise funds for the support of the lgCO March of Dimes Campaign for Roanoke City and Roanoke County, the City Manager reported that in a conference with the Director of Parks and Recreation and the Chairman of the Boxing Show a clean-up fee of $40.00 was agreed upon, the City Manager recommending that Council concur in this fee as a charge for similar use of the armory in the future. Council being of the opinion that the rental fee should be waived only for the March of Dimes at this time, Mr. Webber moved that the City Attorney be direct~ to prepare the proper Resolution. The motion was seconded by Mr, Dillard and adopted. HOUSING AND SLUM CLEARANCE-SIDEWALK, CU~RB AND GUTTER: Council having adopted Resolution No. 13Bq3 on November 2. 1959, providing for the construction of a sidewalk on the southerly side of Liberty Road, N. W.. between Burrell Street and Gandy Drive, along the property of the Lincoln Terrace Housing Project. the City Manager presented a communication from the City of Roanoke Redevelopment and Dousing Authority. offering to convey to the city the ~cessary strip of land for the construction of the sidewalk thereon, the City Manager recommending that the offer be accepted. '255 256 Mr. Anderson moved tocoicnr in the recommen~a~l~0~ ag the City Manager and offered the foil*wing emergency Ordinance: ' (~13957) AN ORDINANCE accepting the offer of the City of Roanoke Redevelopment and Housing Authority to convey Unto the City a'strJp of real estate situate on the southerly side of Liberty Road, between Darrell Street and Gaudy Drive, and providing for an emergency, (See Ordinance Hook No, 24, Page 60,) Mr, Anderson moved the adoption of the Ordinance, The motion was seconded By Nra Young and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Robber, Young, and the President, Mr. Nheeler ........ NAYS: None ...................O. STREET NAMES-PUHCtlASE OF PROPERTY-STREETS AND ALLEYS: The City Attorney presented the folloming opinion with reference to the question of a namefor the combined Patrick Henry Avenue-Mhiteside StreetoHollins Road projection: *January 14, 1960 The Honorable the Council of the City of Roanoke The City Planning Commission has recommended that the projected truck route from Orange Avenue to the City limits over ~hiteside Street, conformity with the provisions of the City Code relating to the naming The relevant portions of Section 12 (c) of Chapter 2 of Title of said Code reads as follows: in a general direction, north and south, shall be desig- Title XV1 embodies City ordinances dealing with planning and subdivi- sions; Chapter 2 thereof pertains to subdivisions. tion Js now limited to the renaming of the projected truck route from Orange Avenue to the present northerly city limits; a distance of miles. However, I do not think ue should lose sight of the fact that will ultimately intersect with lnters~ Route 81 and continue in a generally southerly and westerly direction for approximately 6.4 miles to the intersection Of Wells Avenue and 2nd Street; the northerly approach to Hunter Memorial Bridge. Over the years the Council of the City of Roanoke has allowed sub- division developers great latitude in the naming of streets and avenues within their respective subdivisions and I think the section above-quoted the thoroughfares of the City. I conclude that, in my opinion, the City Respectfully. S/Ran. G. Mhittle City Attorney RGW:p' 257 Mrs. Pickett pointed out students or various schools in the cst7 are being asked to suggest the names or ran,us virginians in connection with the naming of the proposed hem high school to be erected in Shrine Hill Pork and moved that the.opinion of the City Attorney be flied and the question tabled until the high school has been named. The motion was seconded by Mr. Oillard and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: LEGISLATION-CITY CHARTER: Council at a public hearing on January 14. 1960. having considered the question of certain changes in the City Charter as proposed by members of the body. and having deferred action on the matter until its present meeting in order that a full membership might be present, the matter was again before Council. Mr. lebber pointed out that a previous Charter Study Committee had studied most of the present proposals and had rejected them and that the small attendance at the public hearing would seem to indicate that the public is satisfied with the Charter the way it Is and moved that the matter be tabled. The motion was seconded by Mrs. Pickett. In a discussion of the matter. Dr. Cornell stated that there seems to be a feeling that if the Mayor is elected directly by the people he will have more power, but that at no time in proposing that the Mayor be elected by the voters has he suggested that the Mayor be given additional power or that any Of the power of the City MamageF be assumed by the Mayor. Mr. Dillard voiced the opinion that if the City Charter is not going to be amended to permit Council to appoint the members of the City Planning Commission rather than the City Manager then the authority should be written into the Code of Virginia. The question of prohibitin9 members of Council from serving on the City Plannin9 Commission was also discussed and it was pointed out that Council could make such a provision by Ordinance after the State Code has been amended. Mr. Dillard raised the question as to whether or no~ Council intends to request that the City Charter be amended to provide for the appointment by Council of the Judge and Substitute Judge of the Juvenile and Domestic Relations Court. Mr. Anderson. who originally proposed the change, explained that since he offered the proposal a number of people have talked with him about it, that some have favored it and some have opposed it. that he has not changed his personal thinking Jn the matter, but because of the variety of opinions he feels the matter might be deferred for further consideration, Mr. Anderson pointing Out that there has been some indication that the Ceneral Assembly might provide for these appointments on the same basis as the judges of courts of record are appoint~ Mrs. Pickett voiced the opinion that Council should not try to seek any changes in the City Charter until it is united as to the proposed changes. After a further discussion of the matter, the motion was adopted, Messrs, Cornell and Dillard voting no. Mro Anderson then moved that the City Attorney be directed to communicate with the Roanoke delegation to the General Assembly and request that Article 2, Chapter 25, of the Code of Virginia. 1950, as amended, he amended to permit the Council of the City of Roanoke, by Ordinance, to appoint the members of the City Planning Commission, The motion mas seconded by Mr, Young and adopted, CONSIDERATION OF CLAIMS: NONE. IN~RODUCTION AND CONSIDERATION UF ORDIN~Q~S AND RESOLUTIONS: EASEMENTS-APPALACHIAN POWER GOMPAmY-~GhOOLS: Ordinance No. 13950. authorizing and directing the proper City Officials to execute and deliver a deed of easement to the Appalachian Pouer Company for furnishing electric service to the Raleigh Court Elementary School site, 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: (g13950) AN ORDINANCE authorizing and directjn9 the proper City Officials to execute and deliver a deed of easement to the Appalachian Power Company. (For full text of Ordinance, see Ordinance Book No. 24, Page 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, Dillard, Pickett. Webber, Young, and the President, Mr. Wheeler ........ NAYS: None ...................O. DELINQUENT TAXES: Council at its meeting of January 11. 1960, having directed the City Attorney to prepare a Resolution directing the City Attorney to institute a suit to subject Lot 6, Block 14, Nashington Club Land Company, in the name of Mr. G. C. Bready, to the lien for taxes thereon, Mr. Anderson offered the following: (=13958} A RESOLUTION directing the City Attorney to institute a suit to subject Lot 6, Block 14, Washington Club Land Company. to the lien of the taxes due thereon. (For full text of Resolution, see Resolution Book No. 24, Page 61o) Mr. Anderson moved the adoption of the Resolution, 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. Nhee~T ......... 7. NAYS: None ...................O. MOTIONS AND MISCELLANEOUS BUSINESS: YRAFFIC: Dr. Cornell brought to the attention of Council and the City Manager the fact that he has received a number of complaints from elderly people that they do not have sufficient time to cross the street diagonally at downtown intersections during the length of time the pedestrian walk signals are on and move that the matter of allowing more time for the walk signs be referred to the City Manager for study and report to Council. The motion was seconded by Mr. Webber and adopted. ~259 There being OD further business, Council adjourned. APPROVED President · '260 COUNCIL, REGULAR MEETING, Monday, January 25, 1960, The Council of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Monday, January 25, 1960, at 2:00 o'clock, p. u., the regular meeting hour, with the President, Mr, Mheeler, presiding. PRESENT: Council members Anderson. Cornell, Dillard, Nebbero Young, and the President, Mr, Mheeler .............. ABSENT: Mrs, Pickett ............1. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Mr. Randolph G. Mhittle, City Attorney. Mr. Harry R. Yates, City Auditor. and Miss Virginia L. Shaw, Deputy City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Ottis L. Burgher, Pastor, Belmont Church of God° MINUTES: Copy of the minutes of the special meeting held on Thursday, January 14, 1960, 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: PETITIONS AND COMMUNICATIONS: JUVENILE DETENTION HOME: A petition signed by eighteen citizens, request- ing that it be determined whether or not charges previously made concerning the Juvenile Detention Home are true or false, was before Council. After o discussion of the matter, it being pointed out that the allegations have been investigated by the Commonwealth*s Attorney, assisted by the Detective Bureau, and also by the 5tare Department of Welfare and Institutions, and that these agencies, as well as the Judge of the Hustings Court, have not found sufficient evidence to pursue the matter further, Mr. Webber moved that the petition be filed. The motion was seconded by Mr. Anderson and adopted, Messrs. Cornell and Dillard voting In this connection, Dr, Cornell presented a communication from Mr. H. Kennedy, requesting that both sides of the story be heard with regard to the charges. Mr. Webber moved that the communication be filed with the petition. The motion was seconded by Mr. Dillard and adopted, Dr. Cornell voting no, Dr. Cornell then pointed out that at the Council meeting of November 1959, he submitted a written statement that children at the Juvenile Detention Home have been "threatened* with belts and that he would like to state that they have been "beaten" with belts, to which charge he has witnesses who are now ready to testify. Dr. Cornell moved that this change in his original statement be included in the minutes of Council. The motion was seconded by Mi. Dillard and adopted. 261 LEGISLATION-CITY CHARTER: A communication from the Roanoke delegation to the General Assembly, pointing out that February l0 1960, is the deadline for the introduction of any bills concerning Roanoke City Charter changes and requesting that if Council desires the local representatives to introduce any legislation affecting the City Charter they be notified as soon as possible, mas before Council. Mr. Dillard moved that the Roanoke delegation be notified that Council does not see fit to suggest any changes at this time. The motion was seconded by Mr. Anderson and adopted. CHAMBER OF COMMERCE-AIRPORT: A resolution of the Roanoke Chamber of Commerce, requesting that Council determine whether or not it is feasible to operate the facilities at the Roanoke Runicipal Airport under the direction of an independent Authority, and that, in the meantime. Courier! ask the 1960 General Assembly for enabling legislation to establish such an Authority so that in the event Council determines that the operation of an Authority is feasible, practical and proper it will not have to wait two years before it can request said legislatio was before the body. Mr. Dillard moved that the matter be referred to a'committee composed of Messrs. Roy L. Webber, Chairman, Arthur S. Owens and Barry B. Yarns for study and report. The notion mas seconded by Mr. Young and adopted. CIVIL DEFENSE: A communication from Mr. J, Robert Thomas, Civil Defense Coordinator, advising that the Federal Government, through its Office of Civil and Defense Mobilization, Is offering to construct at its entire expense kinds of prototype family fallout shelters within the State of Virginia, that the State Director of Civil Defense has designated the City of Roanoke to be the location for the construction of one of the shelters, the City of Norfolk being the other location, that in each instance Jt is proposed that the shelter be constructed at some private residence, the owner ~f which must be willing to execute a formal written lease to the Federal Government, at no actual rental, for a term of one year, with an option to the Government to renew the lease for one additional year, that the Government requires that the project be initiated locally by the filing of a formal Project Proposal, and that the city, through its Civil Defense organization, would agree to furnish the finished shelter with certain Civil Defense items, was before Council, the Civil Defense Coordinator recommending that Council adopt a Resolution authorizing the city and its local Civil Defense organization to make application for the construction of the shelter, said sheltert after its construction, during the term of the Government*s lease, to be available, on schedule, for inspection by ali members of the public and for the purpose of conducting such habitability tests and research activities as are thereafter fdt to be desirable by the Civil Defense agencies. In a discussion of the matter, the City Manager stated that the items to be furnished by the city would cost approximately $150. OO. /262 Hr, Dillard raised the question of paying someone to be on duty mken the shelter is open for inspection, ns did Dr. Corcell, Ur, Webber voiced'the o~lnlon that the Cirri Defense organization has a sufficient zumber of volunteers mhd mould serve in this capacity, thereby making it unnecessary to employ someone for this purpose. After a further discussion of the matter, Hr, Webber moved that Council concur in the r~oenendation of the Civil Defense Coordinator and offered the follomJng Resolution: (~13959) A RESOLUIION providing for the construction by the Federal Government of a prototype family fallout shelter in the City of Roanoke, (For full text of Resolution, see Resolution Book No. 24, Page 62.) Hr. Webber moved the adoption of the Re s/ution. The notion was seconded by Hr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Webber. Young. and the President, Mr. ~heeler ............... 6. NAYS: None ...................O. (Mrs. Pickett absent) In this connection, Irc Webber brought to the attention of Council a verbal offer of Mr, G, Wo Gray, 3347 Collingwood Street. N, E., to furnish a 40' by 90' vacant lot adjacent to his residence as a site for the shelter, and moved that the offer be referred to the Civil Defense Coordinator for his information. The motion mas seconded bi Dr. Cornell and adopted. ANNUAL REPORTS-BOARD OF ZONING APPEALS: A communication from the Secretary of the Board of Zoning Appeals, transmitting the Annual Report of the Board of Zoning Appeals for the calendar year 1959, was before Council. On motion of Mr. Young. seconded by Dr. Cornell and adopted, the communica- tion and report were filed. ANNUAL REPORTS-CITY PLANNING CO~HIS~ION: A~communication from the Secretary of the City Planning Commission, transmitting the Annual Report of the CitI Planning Commission for the calendar year 1959. was before Council. On mtion of Mr. Anderson, seconded by Ur. Young and adopted, the communica- tion and report were filed. REPORYS OF OFFICERS: BUDGET-ANNEXATION: The City Ranager requested that $528.46 be appropriated for payment of professional services rendered by Wi'ley and Wilson, Consulting Engineers, in connection mith the pending annexation suit. Rr. Young loved that Council Concur in the mquest of the City Manager and offered the following emergency Ordinance: (=13960) AN ORDINANCE to amend and reordain Section =155. "Annexation,n of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. Page 63.) Mr. Young moved the adoption of the Ordinance. The motion Mas seconded by Rt. Webber and adopted by the folloming vote: 263 AYES: Council members Anderson. Coraell. Dillard, Mebber, Young, and the President, Mr, Mheeler ............... NAYS: None ...................O. (Mrs. Pickett absent) FR~ CHISES-APPALACHIAN PORER COMPANY: Council at its meeting of January 11, 1960, having received a communication from the Appalacbiau Power Company, advising that there were 3,451 street lights In service in the city us gl January 1, 19&O, and having directed the City Manager to verify this number in order that said verification might be filed with the new street lighting contract between the Appalachian Pomer Company and the City of Roanoke, the City Manager reported that the number of lights indicated by the Power Company is correct. Mr. Young moved that the report of the City Manager be filed with the street lighting contract. The motion was seconded by Mr. Anderson and adopted. APPOINTMENTS-CITY PLANNING COMMISSION: The City Manager reported that' he has appointed Mr. Warner Ko Sensbach as Director of Planning for the City of Roanoke, effective February 15, 19600 After a discussion of the matter, Messrs. Cornell and Dillard questioning the employment of an out-o£-tomn person for this position and the City Manager assuring them that under the Salary and Wage Plan there was no local applicant having the necessary qualifications. Mr. Webber moved that the report be filed; The motion mas seconded by Mr. Young and adopted. REPORTS OF COMMITTEES: SEWERS AND STORM DRAINS: Council at its meeting of November 30, 1959, 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 recommenda- tion a ~equest of the Town of Salem that the contract of October 16, 1953t between the City of Roanoke and the Tomn of Salem, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an area containing approximate] 147 acres, lying in Roanoke County on the north side of U. So Route 460, between Virginia State Route 640 and Virginia State Route 642, the committee submitted its report, recommending that the request be granted. Mr. Webber moved that Council concur in the recommendation of the committee and offered the following Resolution: (~13961) 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 wastes. (For full text of Resolution, see ResolutiOn Book No. 24, Page 64.) 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. Cornell, Nebber, Young, and the President. Mr. Wheeler ...... 7 ................... 5. NAYS: Mr. Dillard ............1. (Mrs. Pickett absent) · 264 5EJfERS AND STORN DRAINS: Council at its meetings of November 23, 1959, December ?, 1959, nnd December 28, 1959, having referred to a committee composed of #essrs. ROy L. ~ebber, Chairman, ~alter L. Young, Arthur S. Omens and Randolph G. Rhittle for study iud recommendation the requests of the Board of Supervisors of Roanoke County that the contract of September ?~. 1954, between the City of Roanoke amd the County of Roanoke, dealing with the treatment of domestic nad commercial wastes, be amended by adding thereto certain areas, the committee submitted its repurt, recommending that the requests be granted and that the three areas in question be included in the contract. In a discussion of the matter, Mr. Dillard raised the question that if the areas in question are sewered and then only a portion of these areas are annexed to the city the Roanoke County Sanitation Authority might continue to collect a higher monthly fee from the residents or.ese annexed areas, rather than allowing them to pay a loser rate of forth per cent of their mater bills to the city, on the basis that the sewers in the above areas are on integral part of the County system, Mr. Dillard asking the City Attorney if the Resolutions for the three areas should be held up until after the annexation proceedings have been completed The City Attorney replied that he believes the matter will be worked out by the annexation conrt and that he does not feel it is necessary to hold up the adoption of the Resolutions. Mr. Anderson moved that Council concur in the recommendation of the committe and offered the following Resolution providing for. the addition of an area con- taining approximately 117 acres, lying along both sides Of U. S. Route 221 between Cave Spring and Cave Spring High School: i=13962) A RESOLUTION amending the contract of September 2fl, lg54, betmeen the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial masons. (For full text of Resolution, se Resolution Book No. 24, Page Mr. Anderson moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Nebber, Young, and the President, Mr. Wheeler ............................................. 4. NAYS: Council members Cornell and Dillard---2. (Mrs. Pickett absent) Mr. Young offered the following Resolution providing for the addition of an area containing approximately 54.3 acres lying on the northerly side of U. Route 220 and Virginia State Route 119 at their intersection south of the city: (=13963) A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the Countyof Roanoke, dealing with the treatment of ~domestic and commercial wastes. : (For full text of Resolution, see Resolution Book No. 24. Page 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, Webber, Young, an~ the President, Mr. ~heeler .............................. 4. NAYS: Council members Cornell and Dillard ....2. (Mrs. Pickett absent) '265 Hr. Mebber offered the f,Il,ming Resolotiou providing for the addition of an area containing lO acres lying on the ~est side of Yirginla State R,ore 601. north of Sautee Road. northeast or the city: (=13964) A RESOLUTION amending the contract of September 28. 1954. beta, em the City of Roanoke and the County of Roanoke. dealing uith the treatment of (Faf full text of Resolution. see Resolution Book No. 24. Page 69). Mr. ~ebber moved the adoption of the Resolution. The notion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson. Webber. Young. and the President. Mr. Rheeler ............................................. 4. NAYS= Council members Corneli and Dillard---2. (#rs. Pickett absent) SEMERS AND STORM DRAINS: Council at its meeting of October 5. 1959, having Young, Arthur S. Owens and Randolph Go Mhittle for study and recommendation a request of the Skyway Development Corporation that the City of Roanoke provide corner of Hershberger Road ~d Airport Road, in Roanoke County, which it has con- tracted to purchase, the committee submitted its report, advising that mhereas it junction of Hershberger Road and Airport Road, nevertheless, it feels that definite progress should be made on the project prior to the city*s committing funds for this purpose, and that if and when appropriate progress seems to have developed, then the committee plans to reconsider the proposal at that time and Mr. Young moved that the report be received and filed. The motion seconded by Dr. Cornell and adopted. UNFINISDED BUSINESS:. NONE. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS-INDUSTRIES: Ordinance No, 13955, providing for the release, quitclaim and conveyance by the City of Roanoke to the Norfolk and portions of Twenty-third Street, S. E., Carr Avenue. S. £., and old Dale Avenue, S. E., as the city may have acquired by virtue of the closing of same, having previously been before Council for its first reading, read and laid over, ~as again before the body, Mr. Dillard offering the follo~lng for its second readin9 and final adoption: (=13955) AN ORDINANCE providing for the release, quitclaim and conveyance by the City of Roanoke to Norfolk and Western Railway Company of such reversionary rights and interests in certain portions of 23rd Street, S. E., Cart Avenue, S. E., and old Dale Avenue, S. E., as said City may have acquired in said street and 266 (For full text~of Ordinance, see Ordinance Book No. 24, Page Mr. Dillard moved the adoption of the Ordinance. The motion Was seconded by Hr. Anderson and adopted by the following rote: AYES: Council members Anderson, Cornell, Dillard, Nebber, and the Presiden Mr. Nheeler .......................... NAYS: None ...................O. (Mr. Young not voting) (Mrs. Pickett absent) ARMORY: Council at its meeting of January lO, 1960, having directed the City Attorney to prepare a resolution waiving the rental fee of $75,00 for use of the National Guard Armory in connection with an amateur boxing match co-sponsor, by the March of Dimes and the Police Athletic League on January 16, 1960, to raise funds for the support of the 1960 Hatch of Dimes Campaign for Roanoke City and Roanoke County. Dr, Cornell offered the following: (:13965) A RESOLUTION granting the request of The New March of Dimes that the rental charge due for the boxing events co-sponsored by it and the Police Athletic League and held on January 16, 1960, at the local National Guard Armory to raise funds for the support of the March of Dimes Campaign be waived. (For full text of Resolution, see Resolution Dook No, 24, Page 71,) Dr. Cornell moved the adoption of the Resolution, Yhe motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Mebber, Young, and.the President, Mr. Mheeler ............... 6. NAYS: None ................... O, CMrs. Pickett absent) ELECTIONS: Council at its meeting of January 18. 1960o baying directed the City Attorney to prepare a Resolution accepting the low bid of Hammond*s Printing and Lltho, Norks for the printing of two hundred copies of the 1960 Voting List at a price of $11.4g per page. a total cost of approximately Mr. Anderson offered the following: (:13966) A RESOLUTION accepting the bid of Hammond*s Printing 5 La*ho. Works for printing the City of Roanoke Voting List. (For full text of Resolution. see Resolution Book No. 24° Page 71) Mr. Anderson moved the adoption of the Resolution, The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillnrd, Webber, Young, and the President, Mr. Mheeler ............... NAYS: None ...................O. (RrSo Pickett absent) MOTIONS AND MISCELLANEOUS BUSINESS: AIR POLLUTION EON'fROL: The President, Mr, Wheeler, brought to the attentio of Council that a vacancy exists on the Advisory and Appeal Board, Air Pollution Control. and called for nominations. Dr. Cornell placed in nomination the name of Winston S. Sharpley, '267 There being no further nominations, Minston So Sharpley mas elected as a member of the Advisory and Appeal Board, Air Pollution Control. for a term of four years ending December 31, 1963, by the follomlng rote: A¥£S: Council members Andersen, Cornell, Dillard, Webber. Young, and the President, Mr. Rheeler ........................ 6° NAYS: None ............................O, (Mrs° Pickett absent) STREETS AND ALLEYS-SERERS AND STORM DRAINS: The City Manager reported that he has been requested by the Valley Development Corporation, owner of the proposed Starland Coliseum. to bring to the attention of Council the need for street improvements and storm drain facilities in connection with the construction of the coliseum on the northwest corner of Shenandoah Avenue and Thirtieth Street, N. R., the City Manager pointing out that to the most of Thirtieth Street on Shenandoah Avenue there is an abrupt rise In the highway near the Ililltop Inn which should be lowered and the dirt used while the coliseum grade work is being accomplished, the project being of mutual benefit to the city and the company. and that as this area is leveled and paved, there Mill be a tremendous increase Jo runoff which will cross near Thirtieth Street and Shenandoah Avenoe meandering east and eventually increasing an impoundment of water in the vicinity of Johnson Avenue, N. M., near Twenty-sixth Street and Twenty-seventh Street, the City Manager presenting a cost estimate Of $30,449.00 for the street improvements as prepared by the City EngiNeer and a cost estimate of $64.364.20 £or the constructloh of a storm drain from Twenty-fourth Street and the Norfolk and Western Railway Company Underpass to Shenandoah Avenue and Thirtieth Street, suggesting that the matter be referred to a committee composed of Mayor Vincent S. Rheeler. Chair- man, Mr. Willis M. Anderson and Mr. Malter L. Young to meet with officers of the Valley Development Corporation for the purpose of reaching a decision in the matter. Mr° Nebber moved that the matter be referred to the above committee for study and recommendation. The motion was seconded by Dr. Cornell and adopted. There being no further business. Council adjourned. APPROVED -~268 COMMONWEALTH o[ VIRQINIA VIRGINIA STATE LIBRARY RICHMOND 23219 ARCHIVES DIVISION LOCAL RECO~S BPd~ICH THIS IS TO CERTIFY THAI PAGE(S): OF Tills VOL~E WERE HISSING OR DLA~K AT THE TIHE OF HICROFILMING. DATE _ ~_~HICI~OFILR CAHERA OPERATOR -269 COUNCIL, REGULAR MEETING, Monday, February 1, 1960. The Council of the City of Roanoke met in regular meeting in'the Council Chamber in the Municipal fluildlog, Mondny, February 1, 1960, at 2:00 o'clock, p.m., the regular meeting hour, with the President. MF. Mheeler, presiding. PRESENT: Council members Anderson, Cornell, Dillard, Pickett, Mehber. Young and the President, ar. Mheeler ................ ?. ABSENT: None ......................... O. OFFICEHS PRESENT: Mr. Arthur S. Owens, City #Monger, Mr. Randolph G. Mbittb City Attorney, Hr. Harry R. Yarns, City AuditoF, and Riss Virginia L. Shaw, Deputy City Clerk. INVOCATION: The meeting mas opened with a prayer by Mr. Samuel A. L. Taylor Jr.: Program DirectoF, Central ¥. M. C. A. MINUTES: Copy of the minutes of the regular meeting held on Monday, January IH, 1960, 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: RECREATION DEPARTMENT: A delegation of residents of the Virginia Heights - Raldgh Court section appeared before Council. with Hr. H. Bernard Lipscomb. Jr** acting as spokesman, and requested that a youth center be provided to serve the young people of that area, preferably in the Crandin Road shopping center where it will most effectively meet the need. In a discussion of the matter, Dr. Cornell pointed out that the city has community centers in seeeral sections Of the city, but flu youth centers, and that if Council establishes a youth center in the Virginia Heights - Raleigh Court settle there will be a demand for youth centers all over the city. Dr. Lipscomb replied that his group is not against other groups using the center, but that its main emphasis is on the youth of that section. MFS. William R. Rerrttt. representing the Virginia Heights Parent-Teacher Ass~iation, pointed out that the Grandtn Court Community Center is the nearest center and that it in too inconvenient for young people too young to drive to attend Dr. Lipscomb was asked whether or not his group has any definite location for the center in mind and replied that the group favors the old Post Office Build- lng at 1416 Grandin Road, S. W. After a further discussion of the matter as to the location of the center and when Council would be able to provide such a center, and Dr, Cornell stating that he would like to see the center established this year, Mr. Anderson moved that the request for a youth center be referred to the City Manager for a survey as to possible sites, mith particular reference to.the Grandin Road shopping center, and to report to Council on the availability and cost of such sites. The motion mas seconded by Dr. Cornel1 and adopted. . '270 INVITATIONS-RECREATiON DEPARTMENT: Mrs. Blanche M. Millions, Center Lender of the Senior Citizens Center in Blmmood Park, appeared before Council and Invited the members or the body to the center*s second birthday party from 2:O0 otcloch, p.m.e to 4:00 otclocko p.m.o Mednesdaye Februory 3, igGO. · . .HEALTH BEPARTMEWI: Dr; William H..KaufmSno President of the Roanohe Academ of Medicine, appeared before Council nn~ presented a communication, requesting a compulsory Polio Vncc!ontion Ordinance be adopted. A communication from the City Attorney° trnnsmitting such an Ordinance, nas also presented to Council, as mas a report of the City Manager, recommending that the Ordinance be adopted, In a discussion of the matter, Br. Cornell raised the question~of parents who are financially unable to have their children vaccioated against polio0 but are too proud to have them vaccinated by the city without charge. Dr. £aufman replied that he is sure most of.the private physicians mill adjust their charges to the ability of the parents to pay. Mr. Dillard stated that he is in favor of polio vaccinations, but raised the question as to whether or not prohibiting children from attending Sunday School unless they have been so vaccioated would be interfering with religious freedom. Dr. Louis P. Ripley, Chairnan of the Polio Committee of the Roanoke Academy of Medicine, explained that a large percentage of the children contracting polio are under six lears of age. Dr. Margaret M. Glendl, Commissioner of Health, pointed out that the Attorney General for the Commonwealth of Virginia has ruled 'that religion is no reason to bell excused from imm~nizatiOnSo# Or. Cornell pointed out that the Ordinance is drawn as an emergency measure and voiced the opinion that a time limit should be included in the Ordinance if it is to be adopted. Mr. ~ebber suggested that Section 7, prohibiting children from attending any type of school unless they are vaccinated against polio; Section g, permitting parents to sign a statement certifying that they are opposed to their child being vaccinated or immunized against polio; and the emergency clause be deleted from the proposed Ordinance, that the amended Ordinance be placed upon its first reading, and that a public hearing be held when the Ordinance comes up for its second reading. Messrs. Anderson and Cornell stated that they are not prepared to vote on the Ordinance at this time; whereupon. Mr. Webber moved that a public hea~ng on the !matter be held at 2:00 otclock, p.m., February 15, 1960, and that the City Attorney :prepare proper notice thereof for publication. The motion was seconded by Mr. !Anderson and adopted. PETITIONS AND COMMUNICATIONS: ZONING: A petition of The First National Exchange Bank of Roanoke, et al** requesting that a 25-foot strip of land zoned as Business District. lying immediatel north of that portio~ of a tract of land zoned as Light Industrial District located the westerly side of Broadmay, S. M., south of Colonial Avenue, designated as Official Tax No. 12B0303, be rezoned to Light Industrial District. was before Counci '271 Hrs. Pickett moved that the petition be referred to the City Plnnniog Commission for study and recommendation, The motion mas seconded b7 Dr, Cornell and adopted, CITY PROPERTY: A communication from the Star City Steam Cleaning Company. ,offering to clean the exterior of the Municipal Building, or any other city-owned building, at a lower cost if the Job is done during the winter months, was before ,Council, Dr, Cornell moved that the matter be.referred to the City Manager to obtain a proposal from the Star City Steam Cleaning Company. The motion was seconded by Mr. Anderson and adopted. REPORTS OF OFFICERS: SERERS AND STORM DRAINS: Co*ocli at its meeting of January 11, lqGO, hnvin! referred to the City Manager for study and recommendation the request of Mr. Joseph W. Coxe, Jr., that he be compensated in the amount of $1S0.00 for professional services rendered at the Sewage Treatment Plant, the City Manager reported that he has been advised by the Superintendent Of the Sewage Treatment Plant that the ser- vices have been rendered by Mr. Coxe and recommended that Mr. Coxe be paid. Dr. Cornell moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~13967) A RESOLUTION directing payment Of the claim of Joseph W. Coxe. (For full text of Resolution, see Resolution hook No. 24. page 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, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ................ ?. NAYS: None ...........................O. SEWERS A~D STORM DRAINS: Council at its meeting of January 4, lq60, having directed the City Manager to prepare an estimate of the cost of installing sewers to serve portions of the Jackson Park area, he submitted a report, together math the following cost estimates for serving Thrasher Park. a'portion of Jackson Park and portions of'the East Gate area: LINE A: Shown in "red" is that portion through Thrasher Park. This line will serve only the park house itself but is the main trunk line that must be installed in order to serve additional areas ................... Estimated. Cost .......................... $ ?,455 LINE B: Shown in "orange' will serve a portion of East Gate Area adjacent to Orange Avenue and 24th Street - 25 houses or businesses and 28 vacant lots ...... Estimated Cost ............... $32,564 LINE C: Shown in "blue" will serve a portion of Jackson Park - 9 houses and 50 vacant lots ............ Estimated Cost ...... . .... $18,413 LINE D: Shomn in "green* will serve portions of East Gate Area at various locations (see map) - 23 houses and 34 vacant lots... ......................... Estimated Cost. ........................ $22,606 In a discussion of the matter, the City Manager pointed out that it will be necessary to install the main trunk line through Thrasher Park first and then the other sections can be served by one, two or three projects as Council sees fit. Mr. Webber moved that the City Manager proceed with advertising for bids fo] the main trunk line through Thrasher Park. The motion was seconded by Dr. Cornell and adopted. 272 MATER DBPARTMBRT: Council at its meeting of May 19, 1958, having concurred in e recommendation of the City Manager that bids received for the purchase of three iparcelsof land in the Mound Rill section be and that the be rejected property disposed of at some later date, the City Manager reported that since that time the reservoir on the parcel cf, land located on the west side of Grundvlew Avenue, N, south of Broad Street. described as Lot 10, R, R, Rolling Rap, Official Tax No. 2160715. has been removed and he has received an offer of $2,?00,00 from Mr, Fred P. Bulllngton for the purchase of the lot. the City Manager recommending that the offer be accepted, After a discussion of the matter, Hr. Raymond E. Pillow. Manager of the - Mater Department, indicating a portion of the lot might.be desirable for the loca- tion of a booster pumping station, Mr. Anderson moved that the matter be laid over until the next regular meeting of Council, and that, Jn the meantime, the City Manager ascertain how much of the lot would be needed for a booster pumping station and obtain an offer from Mr. Dullington for the remainder of the lot. The motion was seconded by Dr. Cornell and adopted. MATER DEPARTMENT: Council at its meeting of.March 3, lgSS, having directed the City Manager to secure a sample of mater being delivered to the home.of Mr. Ro R, Magnet, 3031 Mallow Road, N. M.,:and submit the same to the Malcolm Pirnie Engineers in connection with complaints of corrosiveness of water from the CnrvJns Cove impounded area, the City Manager submitted a report, together with a report from the Malcolm Pirnie Engineers recommending that the following two steps be taken to alleviate the effects of corrosive water from the Carvtns Cove supply: a. Steps be taken to convince those individuals responsible · for installing plumbing systems of the advantages of instal- ling copper tubing andcorrosion resistant hot water.systems over current practice of installing non-resistant materials. If possible the City plumbing code should be changed to insure citizens of adequate protection from the effects of n soft corrosive water supply. b. The soda ash-Calgon method of treatment for corrosion control be instituted at the Carvin*s Core treatment plant. Studies conducted with this treatment indicate that initial dosages should be 14 ppm of soda ash and 2 ppm of Calgon. This addi- tional treatment over that now practiced will produce a water having the approximate followin9 characteristics: pH total Alkalinity 27 ppm. Harndess 40:ppm and Calcium 32 ppm. There should be no change in other characteristics from those now recorded for plant effluent. Such treatment can be carried out with only minor modifications to present chemical feed equipment. Mr. Webber moved that the report be tabled and that the City Manager coutinu to make a study of the situation. The motion was secondea by Mr. Anderson and adopted. REPORTS: ~The City Manager presentod a report for the Department of Public Welfare for the month of December, 1959, and advised that he has other monthly departmental reports oo.filein his.office. Ou motion of Mr. Anderson, seconded by Mr. Young and adopted, the report filed. REPORTS OF COMMITTEES: 273 STREETS AND ALI.~TS-SEWERS AM) STORM DRAIN~:' Councll'ot its'meeting of January 2S. 1960. hiring referred to a committee composed 5f Mayor Vincent S. Yheeler, Chairman. Mr. ~lllis #. Anderson and Mr. ~alter L. Y,,ag rot study and recommendation a request of the Valley Development Corporation for street improve- wants and storm drain facilities.on Shenandoah Avenue, N, M.o mast of Thirtieth Street, in CoRRection with the erection of the Starland Coliseum, the committee submitted its report, recommending that no action be taken on either th~ lowering of the street or the construction of U drain at this time, but signifying its willingness and intention to meet again with representatives of the Valley Develop- gent Corporation and discuss further the public improvements as aa*If,ed, or others of interest, should this action deter in any manner the progress or proposals t,nard the development of the coliseum, the committee advising that It feels the coliseum will meet a much needed facility in the city and that the corporation should be assured of the city*s willingness to cooperate and assist in any manner where practical and feasible. Mr. Mebbev moved that Council concur in the recommendation Of the committee The motion was seconded by Mr, Young and adopted. AIRPORT: Council at its meeting of January 25, 1960, having referred to a committee composed of Messrs. Roy L. Mebber, Chairman, Barry R, Va*es and Arthur S, Owens for study and report a request of the Roanoke Chamber of Commerce that Counci] determine Mhether Or not it is feasible to operate the facilities at the Roanoke Municipal Airport under the direction of an independent Authority. and that, in the meantime, Council ask the 1960 General Assembly for eaablin9 legislation to establi~ such an Authority so that in the event Council determines that the operation of an Authority is feasible, practical and proper it will not have to wait tMo years before it can request said legislation, the committee submitted its report, advisin that it feels the city's airport facilities have been commendably improved and enlarged under the cityts operation and management and recommending that the city continue to operate and manage all of its aviation facilities. Mrs. Pickett moved that Council concur in the recommendation Of the committe}, The motion was seconded by Mr. Young and adopted. [ith further reference to the airport, Mr. Webber brought to the attention of Council the need for a canopy from the west side of the Terminal Building to certain Of the airline gate positions and from the east side Of the Terminal Bui~in¢ to the curb and moved that the matter be referred to the City Manager for study and report. The motion was seconded by Mr. Dillard and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. ROTIONS AND MISCELLANEOUS BUSINESS: POLICE DEPARTMENT: The City Maoager brought to the attention of Council that Mr. John E. ~inters of the Youth Aid Bureau in ~ashington. D. C.. will be to the creation of a To=th Aid Bureau in Roanoke. 274 Mrs. Pickett moved that the members of, the Youth Commission be invited to attend the discussion. The motion mas seconded by Mr. Rebber and adopted. There being no further bosiness, Council adjourned. APPROVED 275 COUNCIL, REGULAR. REETINO. Monday, February 8, 1960. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Bunicipal Building, Bonduy, February 8, lgGO, at 2:00 o'cloch, p, m,. the regular Beeting hour, with the President, Mr, #heeler, presiding, PRESENT: Council members Anderson, Coroell, Dillard, Pickett, Mebber, Young, and the Fresident, Mr. Mheeler ..... ABSENT: None .....................O, OFFICERS PRESEN'~: Mr. Arthur S. Owens. City Manager, Mr, Randolph G, Mhittle. 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 D. Campion. Pastor. Garden City Church of the Nazarene. MINUTES: Copies of the minutes Of the regular meetings held on January 25. ir60. and February 1. IgGO. 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: JUVENILE DETENTION HOME: Pursuant to an advertisement of the City Manager calling for bids for the construction of a Roanoke Area Juvenile Dome near Coyner Spring in BotetourtCounty. the City Clerk reported the receipt of eight bids. advising that one bidder. M. L. English. informed him at 12:20 ,*clock. p. that his bid. as submitted, contained a deduction of $1B.O00.O0 which he had inserted Just prior to filling the bid at 12:00 o*cloch, noon. based on erroneous information from the heating and plumbing subcontractors, and has requested that Council agree to accept his bid as originally written after striking from it the $10.000.00 deduction inserted therein, otherwise, that his bid be not received. Mr. Dillard moved to accept the bid of M. L. English. eliminating there- from the $10,000.00 deduction as requested. The motion was seconded by Mrs. Pickett and adopted, Uessrs. Mebber and Young voting no. The City Clerk then presented the bids of J. F. Barb,ur and Sons. J. Malker Caldwell. Incorporated, Days Construction Company. Incorporated. M. L. English. Contractor. J~B. Fralin ahd~Son; Bartman Construction'Company. S. Lewis Lionberger and-H. A~ Lu~as and Sons, Incorporated.' - Mr. Young moved to refer the bids to a committee composed'of Messrs. Arthur S. Owens. Chairman. John L. Wentworth. Randolph Frantz and Mrs. Mary C. Pickett for-tabulation, study and recommendation. The motion was seconded by Dr. Cornell and adopted. **- ' · ZONING: A public hearing having been set for 2:00*o'cloch. p. m.. February §. lgGO. in the Council Chamber. on*the question of rezontng from General Residence District to Business District property of Mrs. Helen M. ~;276 Orerstreet,-suld prgperty being located on the southeasterly corner of Vluton Road and King Street, N. E., described as Lots 10 and 11, flinch 8, Idleuild Park, and designated us Official Tax Hos. 3410401 and 3410402, nnd notice of the hearing having been published in The Roanoke Hnrld-Heus on January 22, 1960, and the City Planning Commission having previously recommended that the property in question be rezonedo the hearing was held at whic~ no one~oppeared in opposition. Hr. Richard T. Edwards. AttornEy for the petitioner, appeared beforo Counci and advised that one of the lots is being used for business purposes under ~he 'grandfather clauseM and that the owner intends to improve the property and provide off-street parking on the additional lot. HFS. Pickett moved that Council concur in the recommendation of the City Planning Commission and offered the following Ordinance: (n13968) AR ORDIHANC£ to amend and reenact Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke, 19S6, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lot Il, Block 8, according to the Map of Idlewild Park, rezoned from General Residence District to Business District; and HDEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Dusiness District as requested, and that Lot I0, Block O. Idlewild Park, also be rezoned from General Residence District to Business District; and WHEREAS, notice required by Title IV, Chapter 4, Section 43, Of The Cede 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 newspaper was held on the 6th day of February. 1960. at 2:00 o'clock, p. 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 WHEREAS, this Council. after consideria9 the evidence presented, is of the opinion that the above property should be rezoned. 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. 1956. reluting to Zoning, be amended and reenacted in the following particular and no other. Property located on the southeasterly corner of Vinton Road and Win9 Street, N. E., described as Lots IO and 11, Block 6, according to the Map of Idlewild Park. designated on Sheet 341 of the Zoning Map as Official Tax Hos. 3410401 and 3410402, be, and is hereby, changed from General Residence District to Business District and the Zoning Map shall he changed in this respect. -277 Mrs, Pickett moved the Ordinance on its first reading. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, #ebber, Young, and the President, Mr, Nheeler ........ NAYS: None ................... O. ZONING: A public hearing having been set for 2:00 o'clock, p, m,, February 8, lq60. in the Council Chamber, on the question of rezoning from Special Residence District to Business District property of Joseph R, NaJjum. et al** said property being located on the north side of Patterson Avenue. So W,. east of Eleventh Street. described as Lots 4-8. inclusive, Block 2S, F. Rorer Rap. and designated as Official Tax Nos, 111200q-1112012, inclusive, and notice of the hearing having been published in The Roanohe Norld-News on January 22. 1960. and the City Planning Commission having previously recommended that the property in question be rezoned, the hearing mas held at which no one appeared in opposition, Mr. Richard T, Edwards, Attorney for the petitioners, appeared before Council and requested that the property be rezoned as recommended by the City Planning Commission. Mr. Anderson moved that Council concur in the recommendation of the City Planning Commission and offered the following Ordinance: (~!396q) AN ORDINANCE to amend and reenact Title X¥, Chapter 4, Section !, of The Code of the City of Roanoke, 1956, in relation to Zoning. WHEREAS. application has been made to the Council of the ~ity of Roanoke to have Lots 6, ? and 8, Block 25, Ferdinand Rorer Map. fronting on the north side Of Patterson Avenue, S. W.. east of Eleventh Street, rezofled 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 requested, and that Lots 4 and S, Block 25, Ferdinand Rorer Map, also be rezoned from Special Residence District to Business District; and WHEREAS, notice required by Title XV. Chapter 4, Section 43, of The Code of the City of Roanoke. 19S6. 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 newspaper was~held on.the Otb day of February. 1960, at 2:00 o'clock, p. hefor~ the ~ouncil 'of the City of Roanoke in the Council' C~amherin the gunicipal Building, at which hearing property owners and other interested parties in the affected area sere'given an'opportunity to be heard bo~h for and against the proposed rezonl'ng; and WHEREAS, thins Council, ~ter considering the evidence presented, is of the opinion that the property should be rezoned. 278 THEREFORE, DE IT ORDAINED by the Couacll of the City of Roanoke that Title X¥, 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 fronting 257 feet on the north side of Patterson Avenue, S. east of Eleventh Street, described as Lots 4, S, 6, ? and 8, inclusive, Block 25, Ferdinand Rorer Map, designated on Skeet 111 of the Zoning Map as Official Tax NOSe il1200g, 1112010, 1112011 and 1112012, be, and is hereby, changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. Mr. Anderson moved the Ordinance on its first reading. The motion was seconded by MFS. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr, Wheeler ........ NAYS: None ...................On ZONING: A public hearing having been set for 2:00 o'clock, p. m., February 8. 1960, in the Council Chamber, on the request of C. J. Guilliams, et al., that their property located On the south side of Shenandoah Avenue, N. between Beech Street and Cum Street, designated as Official Tax Nos. 2630501- 2630505. inclusive, be Fez*ned from General Residence District to Business District and notice of the hearing having been published in The Roanoke World-News on January 22, 1960, 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. Eugene W. Cheil, Attorney for the petitioners, appeared before Council. and requested that the petition of his clients be granted. Mrs. Pickett moved that Council concur in the recommendation of the City Planning Commission and offered the following Ordinance: (=13970) AN ORDINANCE to amend and reenact Title XV, Chapter 40 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 certain property located on the south side of Shenandoah Avenue, N. between Beech Street and Gum Street, designated as Official Tax Nos. 2630501- 2630505, inclusive, and more particulayly described as follows, to-wit: PARCEL ~1 BEGINNING at the southeast corner of Shenandoah Avenue and a 40-foot street (Pine Street); thence with said 40-foot street (Pine Street). S. 6 deg. 45* E. 163,6 feet to a point; thence N. 87 deg, 45' E. 150.6 feet to a point; thence N. 6 dege 45* W. 176 feet to Shenandoah Avenue; thence with Shenandoah Avenue in a westerly direction ISO feet to the place of Beginning and being known as Lots 3 and 4, according to the Map of the Westwood part of the Engleman Farm, recorded in Plat Book 1, page 315, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and being the same lot or parcel of land heretofore conveyed to petitioners from Gordon Pomell. Jr** and Nancy E. Po~ell. husband and wife, by Deed dated the .15th day of October, 195g. and of record in the Clerk's Office of the Bustings Court of Roanoke City. Virginia. 279 PAI~ CEL c2 BEGINNING at the point of interjection or the southerly side of Shenandoah Avenee and the westerly side of Beech Street. N, thence in a southerly direction with the westerly side of Beech Street to a point on the northerly side of a 16-foot parkway; thence with the northerly side of the said parkway in a westerly direction to the division line between Lot 2-A and New Lot as shown on ~he Plat recorded in the Cl~rk's Office of the Bustings Court for the City of Roanoke. Virginia. in Deed Book 1046. page 162; thence with the said division line in a northerly direction to a point on the southerly line of Lot 3. Res,wood; thence in an easterly direction alon~ the ll~e of Lot 3 to the corner of Lots 2 and 3. Westwood; thence with the division line between the said 'Lots 2 and 3 in a northerly direction to a point on Shenandoah Avenue; thence with the southerly line of Shenandoah Avenue to the place of BEGINNING; and BEING Lots I and 2 as shown on the Map Of Westwood. recorded the Clerk*s Office of the Circuit Court of Roanoke Ccm~. Virginia. in Plat Book I. page 315. and parts of Lots 10 and 20. Block 3. and Reservation No. 2 as shown on the Revised Map of Westwood Annex. recorded in the aforesaid Clerk's Office in Plat Book 2. page 144. and being the same lots or parcels of land heretofore conveyed to petitioners from the First National Exchange Bank of Roanoke. Virginia. and C. T. Grissom. Executors. under the will of Ernest Elmer Engleman. by deed dated the 26th day of October. 1959. and of record in the Clerkts Office of the Hustings Court for tho City of Roanoke. Virginia. rezoned from General Residence District to Business District; and NBEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Business District as requested; and RHEREAS. notice required by Title XV. Chapter 4. Section 43. of The Code of the City of Roaflohe. 1956. relating to Zoning. has been published in *The Roanoke Rorld-News** a newspaper published in the City of Roanoke*, for the time required by said section; and MBEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 8th day of February. lgGO. 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 beard both for and against the proposed rezoning; and WHEREAS. this Council after co'nsidering the evidence presented, is Of the opinion that the above parcel of land should be resound 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 hmended and reenacted in the following particular and no other, viz.: Property located on the south side Of Shenandoah Avenue. N. Rot between Beech Street and Gum Street. and more particularly described herein, and designated on Sheet 263 of the Zonieg Rap as Official Tax Nos. 2630501-2630505, inclusive, be, and is hereby, changed from General Residence District to Business District and the Zoning-Map shall be changed in this respect. Mrs. Pickett moved the Ordinance on its first readtngo The motion was seconded by Mr~ Anderson and adopted by the following vote: 280 ATES: Council wewbers Anderson. Corn, Il. Dillard. Pickett. Webber. Young. end the President. Mr. Wheeler---?. NAYS: Moue ................... ZONING+SETBACK LIW~S: A public hearing having been set for 2:00 o'clock, p, w., February 6. 1960. in the Council Chamber. on the question of establishing building setback lines on both sides of Patterson Avenue. S. from Seventh Street to Thirteenth Street. to~provide rot a IOO~foot right o£ uny on said avenue., os previously recommended by the City Planning Cownission. and notice of the hearing having been published in The Roanoke #Grid-News on January 22. 1960. the hearing was held at which no one appeared in opposition. Dr. Cornell waved to continue the hearing until the next regular meeting of Council in order to give ~additional time for Council members to study the situation. The notion was seconded by Mr. Dillard and adopted. PETITIONS AND COMMUNICATIONS: TRAFFIC-STREETS AND ALLEYS: The City Clerk presented a petition of ten petitioners stating their belief that this tree creates a temptation for children to play in the middle of the street intersection and creates a definite traffic The City Manager reminded Council that this matter was previously before Mrs. Pickett moved to file the petition. The motion was seconded by Mr. Dillard and adopted, Mr. Webber voting no. BRIDGES: The City Clerk presented a communication from the City Planning Commission, recommending that Council request the Virginia Department of Highwa~ north corporate limits of the city on Virginia State Route IlS on the basis of Mr. Webber stated that this matter should be studied in the light of the proposed extension of a highway link connecting to proposed Interstate Route BI and motion was seconded by Mr. Dillard md adopted. STATE HIGHWAYS: Yhe City Clerk presented a communication from the City Planning Commission, recommending that Council request the Virginia Department of Hlghways to appropriate funds for improvements to U. S. Route 220 for a distance of approximately 2.3 miles from Virginia State Route 119 to Virginia State Route 675, near Clearbrook School, in Roanoke County, south of the city limits, to provide for 281 u four*lane divided highmuy, , , Mr, Anderson moved to direct the City Attorney to prepare a Resolution carrying out the recommendation or the City. Planning Commission, The motion was seconded by Hr, Webber and adopted. Messrs, Cornell and Dillard voting aD, REPORTS.OF OFFICERS: . BONDS-STATE HICBMAYS: The City Manager reported that a surety bond posted by the Mater Department mith the Virginia Department of Highways, covering permits for opening various state bJgbmays outside of the city limits for various city public works Installations, mill expire on March 4, 1960, that under Virginia lam It is permissible for municipalities for furnish the state Highway Department a bond, mfthout surety, fn the penal sum of $1,000,00. coverfng such activftles. which would eliminate the necessity of purchasing surety bonds fOFthls purpose, and recommended that Council adopt an Ordinance authorizing such a bond, Mr. Voung moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~lSg?l) AN ORDINANCE providing for the execution of a bond payable to the Commonwealth of Virginia or its Department of Highways. in the penalty of $1,000, without surety, to indemnify said Commonwealth against damages occasioned by the construction, installation or maintenance of certain poblic improvements of the city in public highways outside the corporate limits Of the city; and providing for an emergency. (For full text, see Ordinance Book No, 24, Page 72.) Mr..Young moved the adoptim of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Cornell. 0illard, Pickett. Webber, Young. and the President, Mr. Wheeler--==-7. NAYS: None ....................O. WATER DEPARTMENT: The City Manager reported that bid s have been received by the Purchasing Agent for performing miscellaneous, small area improved hard surface street' and sidewalk restoration occasioned by the daily operations of ~ e Mater Department and submitted a tabulation of such bids, showing that of the '282 SIDEMALK, CURB AND GUTTER-STREETS AND ALLEYS: The City Manager reported that rot several years the Crystal Spring Parent-Teacher Association has requested the widening or Carolina. Avenue, S. M** between Twenty-sixth Street'and Twenty- seventh Street~ in front ottbe Crystal Spring Elementary School, to provide adequa~ space for parents' cars ia delivering and collecting their children to and from snl~ school, the City Manager advising that to widen said street in front of the school property would require an appropriation of approximately $3,300000. and that ir tbi project is undertaken it will undoubtedly result in requests from a number of other schools in the city for like action. Hfs. Pickett moved to table the matter. The motion was seconded by Ur. Corn. Il and adopted. . BUDGET-ANh~XATION: ~ke City Manager-requested an appropriation of $247.00 for the purpose of paying fop legal services performed by Hr. Richard T. Edwards, Attorney, in connection with the proposed annexation. MPg Anderson moved to concur in the request and offered the following emergency Ordinance: (=13973) AN ORDINANCE to amend and reordaln Section a155. =Annexation"· of the 1960 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. Page 74.) Mr. Anderson moved the adoption of the Ordinance. The motion was seconded by Hr. Young and adopted by the following vote: AYES: Council members Anderson. Corn, Il. Dillard. Pickett. Webber. Young, and the President, Mr. Rheeler---7. NAYS: None ...................O. BUDGET-SEWERS AND S~ORM DRAINS: The City Manager requested an appropri- ation of $3,450.00 to provide for the installation of Sparjer type air dispersion units in the four existing aerator basins at the Sewage Treatment Plant. this being a new type of air dispersion equipment which is being installed in the nes basins being constructed and which is much superior to the old type now in use. Mr. Rebber moved to concur in the request of the City Manager and offered the following emergency Ordinance: (=13974) AN ORDINANCE to amend and reordain "Non-Operating Expenses" of the 19&O Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24° page 75.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell. Dlllard.-Pickett. Webber, Youog, and the President, Mr. Wheeler .......... 7. NAYS: None ................... O. 283 TRAFFIC: The City #anager reported that in pursuance of a directive of Council et its meeting of January lbo 1960, he has caused a study to be made of the timing of the walk signals In the traffic control system of the douatomn area and submitted a report of the study thereon mhich be advised indicated that no change should he made in the timing of the walk signals sJcce Jt would upset the balance in the entire traffit signal program. BFo Coraell moved to file the report. The motion mas seconded by Dillard and adopted. pARKS AND PLAYGROUNDS: The City Manager reported that he has inv. stig the complaints of the property owners on Mindsor Avenue. Budding Street and Devon Road. S, M.. concerning improvements to be placed in Raleigh Court Park. and that after discussing the matter with the citizens in the area it develops that their objections were based on misinformation as to the improvements to be made, which improvements are being made in accordance With the requests of the citizens in the area previously submitted, and that the citizens are now satisfied with said improvements. Mr. Anderson moved to file the report. The motion was seconded by Mr. Mebber and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: Council at its meeting Of September 14. 1959. having referred the City Plannin9 Commission for study and recommendation a request of Mr. Roy R. Pollard, Sr., et al.. that property located on the north side of Drandon Avenue. S. M.o west of Main Street. described as Lots 9 and !0, and part of' Lot 11, Block S. Barb,ur Heights. be Fez*ned from General Residence District to Business District, the City Planning Commission submitted its report, advisin9 that in its preliminary study of the matter the Commission has concluded that the city should purchase the real estate in question in order to protect its investment in the intersection of Main Street, Brandon Avenue and Sherwood Avenue, thus eliminating the possibility of any business structure being erected thereon mhich would create additional traffic problems. Mr. Charles D. Fox, IXI, Attorney for the petitioners, appeared before Council and advised that his client, Mr, Joseph D. Berna, who bas purchased the property in question since the filing of the petition, has definite plans for the use of the property whether or not it is Fez*ned, Mr. Fox stating that he had no notice of the recommendation of the City Planning Commission prior to Friday of last week and that since his client ts ill he is requesting that the matter be tabled until' such time as the Commission submits its report and recommendation on the requested fez*ming because he is sure his client sill have no desire to dispose of the property and will want to have the rezonlng request considered by Council. ~ .. Mr. Anderson moved to table the recommendation of the City. Planning Commission. The motion was seconded by Mr. Dillard and adopted. 284 ZONING: Council at its meeting of January 16,1960, having referred to the City Planning Commission for study and recommendation a request of Diamond Plastics Industries, Incorporated, that u lO-acre tract of land lying on the east side of aolllns Road. N, E,. being a southerly portion of Official Tax No, 3300101 and lying immediately north of the site of the corporation's plant, be rezoued from General Residence District to Light Industrial District, the City Planning Commission submitted its report, advising that in its opinion the rezooing of this land mill be a natural and desirable extension of an industrial plant and will not adversely affect the values of nearby residential properties or be contrary to the interests of the public, the Commission recommending that the request be granted, stating that it has been informed that the petitioner is willing to dedicate a 20-foot strip of land along its property in exchange for curb and gutter. Mr, Webber moved to set a public hearing in the matter for 2:00 o'clock, p, m,, March T, lg60, in the Council Chamber, the attorney for the petitioner to prepare the proper notice thereof, have it approved by the City Attorney and present it to the City Clerk for publication, The motion was seconded by Dr. Cornell and adopted. CONSIDERATION OF CLAIMS: NONE. I~fRODUCTION AND CONSIDERATION OF ORDINANCES ANB RESOLUTIONS: NONE. MOTIONS AND RISCELLANEOUS BUSINESS; CITY EMPLOYEES: Dr. Cornell stated that he bas been advised that orders have been issued by the city administration that sanitation workers on refuse collection equipment should stop their equipment at its precise location at 12:00 o'clock, noon. each day and eat their lunch, regardless of such location and its proximity to water and toilet facilities, also, that orders have been issued to the members of the Fire Department that they cannot sign petitions Or discuss politics. The City Manager advised that no such orders have been issued to his knowledge, but that he will look into the matter. TRAFFIC: Hr. N. K. Matts appeared before Council and stated that city forces have established *no parking" areas in front of a store at the intersection of Vinton Road and Orange Avenue, N. E., prohibiting parking thereat, which, in hi! opinion, will put the store out of business. The City Manager advised that the traffic control lines were placed in accordance mith the city's routine traffic control operations, that they are on city property and are designed to eliminate a traffic hazard at the intersection. BUDGET-PARKS AND PLAYGROUNDS: Mr. Anderson stated that he was under the impression mhen the budget was adopted that funds were included for resurfacing the tennis courts in South Roanoke Park, however, this was cut from the budget, along with other improvements, Mr. Anderson pointing out that these courts are the only ones in the city upon mhtch tournament play can be conducted, but that the pavement is worn to the extent that they are not suitable for toornament play, and 2.85 unless they are resucf~ced tournament tennis play in the city mill be seriously handicapped this year, Mr, Anderson offering the following emergency Ordinance appropriating $4,000.00 for the resurfacing of the said courts: (Zl3q?$) AN ORDINANCE to amend and reordain Section Zldd, 'Departmental Equipment and Zm~rovements** of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boob Ko, 24, Page ?$,) NFo Anderson moved the adoption of the Ordinance, The motion was seconde by Dr, CoFnell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, PichetL, #obber, Young and the President, Mr, Mheeler .......... T, ~AYS: None ................... O, Mr, Dillard then raised the question of constructin9 tennis courts at the Villa Heights Community Center, Mr. Bo fl. Hardin, a member of the Senior Council, stated that his group is satisfied to leave the tennis courts out this year. JUVENILE DETENTION IIOME: Mr. I. E, Brody appeared before Council and~ stated that in his opinion plans for the Juvenile Detention Home should be enbroadened to include a uorkshop in which the children could receive vocational training. The Mayor advised Mr. Brody that he believes the present plans provide adequate classroom facilities, however, the matter will he looked into. There being no further business, Council adjourned. A P P R 0 V E D ATTEST: ~~ President '286 COUNCIL, REGULAR MEETING, Monday, Febrgary 15; 1960, The Uouactl,o~ t~ City.or Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, February 15, 1960, at 2:00 **clock, p.m., the regular meeting hour, with the President, Mr. Wheeler, presiding, PRESENT: Council members Anderson, Corn*Il, Dillard, Pickett, Mebber, Young, and the President, Mr. Mheeler ............... 7. ABSENT: None ........................ O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle. City Attorney, Mr. Harry R. Fates, City Auditor. and Mr. J. Robert Thomas, 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 February B, 1960. 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 HEARING OF CITIZENS UPON PUBLIC MATTERS: HEALTH DEPARYMENT: A public hearing having been set for 2:00 o'clock, p.m.. on the question of adopting an Ordl.nance requiring the vaccination of certain c~ild- rem against polio, as recommended by the Roanoke Academy of Medicine with the City Manager, and notice of said hearing having been published in The Roanoke World- News on February 3, 1960. the hearing was held. Appearing in support Of the proposed Ordinance were Dr. W. B. Eaufman, Presi- dent of the Roanoke Academy of Medicine; Dr. L. P. Ripley. Chairman of the Polio Committee of the Roanoke Academy of Medicine; Dr. Margaret M. Glendy, Commissioner or Health; representatives of the National Foundation of The New March of Dimes and Council of the Roanoke Parent-Yeacher Associations; and Mr. Julian $. Wis~. State the Roanoke Life Saving Crews. Dr. Kaufman stated that the present system for polio vaccination is only which is designed to provide vaccination for those who need protec ia o . o 1 be a good law and that it avoids compulsion in that it exempts any child whose parents certify opposition to the child being vaccinated or immunized against polio, acd further that it will not work a financial hardship on any parent because of provisior 2'87 Dr. Glendy lnforned Council that there are approximately 10,000 children in the city under the age of six, at least fifty per cent of whow are not protected against pollo, and In bar opinion this is o'dsngerous situation ubJch would be corrected If Council would adopt the proposed Ordinance. Mr. Paul S. Keen, 1614 Chapman Avenue, $. M.. appeared ccd opposed the proposed Ordinance, stating as his reasons that there is no maximum established for the fee which doctors might charge for administering the polio vaccine, that the citizens should not be required to come tn the Health Center for service er to present certificates, but rather the health officials should be required to go to the people, and further that the proposed Ordinance makes each church and sunday school official an officer of the law for enforcement of the proposed Ordinance. and advising that in his opinion $2.50 is ample for.administering the vaccine and that any law adopted in the premises should state such a maximum charge. BF. Lawrence R. Noell. 1621 Kenwood Boulevard, $. E.. appeared and stated that he would like to know what the cost would be to the citizens for administering the vaccine to them, advisin9 that he agrees with Mr. Keen as to the maximum being established at $2.50. In response to a question by Mr. Young, the City Attorney advised that Council may not fix prices. Mr. Dillard took exception to the City Attorney's statement, voicing the opinion that any rulings of the City Attorney should be in writing. Dr. Kaufman then advised that the fees'charged by physicians for their professional services are a matter between him and his patient, and that a group of doctors with whom he is acquainted charges $3.00 for administration of such vaccine which in his opinion is about cost, stating, however, that members of his profession frequently scale down their prices or 9ire free service where patients are unable to pay and that such matters are handled with dignity, causing no embarrassment to the patient. It appearing that numerous persons have contacted members of Council and the City Clerk's Office by telephone, advising that they would like to be heard concerning the proposed Ordinance. but are unable to attend the hearing this date because of the heavy snow. Mr. Dillard moved to continue the hearing until the next regular meeting of the body. The motion was seconded by Dr. Cornell and adopted, Mr. Young and the Mayor voting no. Mr. Mebber then stated that the next regular meeting of Council is schedaldd to be held on Monday, February 22, 1960. which is a holiday, and moved to change the date of the next regular meeting to Tuesday. February 23. 1960. The motion mas seconded by Mr. Young and adopted. DEPARTMENT OF PUBLIC MELFARE: Mrs. Ora Neal Johnson. a welfare client of the city, appeared before Council and stated that she is in need of hospitalization and that Dr. McCown. the City Physician, has refused to admit her to a regular hospi. ta], but rather insists that She receive needed treatment at the City Home, to which she objects. '288 Mr. Dillard moved to refer the matter to the City Manager for study and recommendation, The motion mas seconded by Dr, Cumuli and adopted, Mr. Anderson voting no. ZONING-SETSACK LINES: Council at its meeting or February 8, 1960, baring continued until its next regular meeting a hearing on the question of establishing building setback lines on both sides of Patterson Avenue, S. W** from Seventh Street to Thirteenth Street, to provide for a lO0-foot right-of-may on said Patterson Arena* in order to provide time for members of Council to study the matter, the hearing was again before the body. at mhlch no one appeared. Mr. Dillard moved to refer the matter back to the City Planning Commission for restudy and recommendation. The motion was seconded by Mr. Anderson and adopted. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a petition from the Raleigh Court Corpora- tion. et al., requesting that Lots 1, 2 and 3, Block 20;Raleigh Court Map, located on the southeast corner of Brandon Avenue and Grandin Road, S. W., be reaoned from General Residence District to Special Residence District. Mr. Young moved to refer the matter to the City Planning Commission for Istudy and recommendation. The motion was seconded by Mr. Anderson and adopted, Mr. Dillard voting no. STREETS AND ALLEYS: The City Clerk presented a petition from residents of the 1300 block of Woodbine Street, S. E., advising that for several years their street has been maintained by temporary patching and since new homes have been built in recent years on the street, which is only approximately two blocks long, they are requesting that the street be resuvfaced. Mr. Young moved to refer the request to the City Manager for study, determina *Jun of cost and the relative importance of resurfacing this street as opposed to those streets included in the 1960 program and report thereon. The motion was seconded by Mrs. Pickett and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Clerk presented a communication from the City Planning Commission, recommending that Council immediate- Ly acquire the necessary property located on Bollins Road, from the end of the presen :OhS*ruction to the north corporate limits of the city at Carvins Creek, which will be required for the extension of Whiteside Street-Patrick Henry Boulevard project. Mr. Webber moved to refer the matter to the City Manager. The motion was seconded by Mrs. Pickett and adopted. STREETS AND ALLEYS: The City Clerk presented a communication from the City iPlanning Commission. recommending that Council take steps to acquire certain land for lthewidening of streets and provision sewer right way adjacent of and drain of to the lowers Shoppin9 Center being constructed at the intersection of Brandon Avenue and Colonial Avenue, S. W., as shown on Plan Ho. 4479 on file in the Office of the City Engineer, which the Times-World Corporation, the owner of ~he property, has agreed tc transfer to the city. the Planning Commission advising that said Corporation proposes to transfer to the city thelO-foot strip of land along the north side of Colonial Avenue, S. W.. from Brandon Avenne to Twenty-third Street, which strip is only a 289 portion of the land proposed to be transferred for street widening purposes in exchange for curb. gutter nnd sidewel~. Mr. Young moved to refer the mutter to the City Mansger for an estiwnte of the cost ur carrying out the recommendation of the City Planning Commission nad report thereon. The motion was seconded by Mr, Dillard and adopted. REPORTS OF OFFICERS: SIDEWALK, CDRB AND GUTTER: The City Manager submitted to Council bids received for construction o! concrete curb, gutter and sidewalk at various locations within the city. along with the tabulation of said bids. submitted as follows: Gimbert and Clmbert, $102,550.00; Nartman Construction Company and A. D. Alford. $102,710.00; Wrenn-Wilson Construction Company, $109,460.00; and Aaron J. Conner. $112.425.00, and recommended that Council appoint a committee Consisting of its members to study the bids prior to awarding a contract therefor. Mr. Webber moved to refer the bids to a committee composed of Messrs. Vincent S. Wheeler. Chairman, Benton O. Dillard and Walter L. Young for study and recommendatien. The motion was seconded by Mr. Anderson and adopted. STREETS AND ALLEYS: The City Manager submitted bids received for paving of streets at various locations in the city during the calendar year lqBo, along with a tabulation of such bids. showing that of Virginia Asphalt Paving Company, Incorporated, in Se amount of $207,784.50, as low, and recommended acceptance of the low bid and the awarding of a contract therefor. Mr. Anderson moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=13976) AN ORDINANCE accepting the proposal of Vlrginla Asphalt Paving Co.. Inc.. for ~tuminous street paving; authorizing the proper City Officials to the requisite contract; rejecting all other bids; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. page 79,) 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 ...................... 7. NAYS: None ....................................O. BUDGET-SEWERS AND STORM DRAINS: The City Manager requested that Council authorize extension of the contract between the City of Roanoke and O. C. Eimberlin and Son for drilling of drainage shafts iff the WJlliamson Road area, in the amount $3,000.00. to permit extension of the drainage facilities on Sunrise Avenue. N. M. Mr. Webber moved to direct the City Attorney to prepare a Resolution amending the contract as requested. The motion AIRPORT: The City Manager reported sentatives of the Federal Aviation Agency he is was seconded by Mr. Young and adopt that after conferences with repre- prepared to submit a Project Appli- cation for a Federal Aid project at the Roanoke Municipal Airport covering acquisiti of land for, and construction of. a new access road into the Municipal Airport. resurfaclng a portion of the northeast-southwest runway, improvements to taxiway and ' 290 apron on the east-west runway and high-intensity lighting on the north-south runway, at aa estimated total cost of $330,000.00, one-half to be borne by the city, and that due to a change in policy of the Federal Aviation Agency it will be necessary for Council to adopt a Resolution signifying its willingness to provide funds during the current calendar year for the proposed project, the City Manager. consequently. recommending that the body adopt a Resolution authorizing preparation and submission of the Project Application and signifying its willingness to provide funds therefor Mr, Anderson moved to concur in the recommendation of the City Manager and offered the following Resolution: (u13977) A RESOLUTION authorizing the City Manager to cause a Project Application to be prepared and, thereafter, execute and submit the same to the Federal Aviation Agency for approval, consisting of the improvements proposed to be made at Roanoke Municipal Airport (MOOdFum Airport). and expressing this Council ~illingness to provide funds to pay for its portion of the cost of such improvements! during the current calendar year. (For full text of Resolution. see Resolution Book NO. 24. page 00) . 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. #heeler .............. T. NAYS: None .........................O. REPORTS OF CONMITYEES: SERERS AND STORM DRAINS: Council at its neeting of October 5. 1959, having referred to a committee composed of Messrs. Roy L. Nebber. Chairman, Walter L. Young, Arthur S. O~ens and Randolph G. Whittle for ~tudy and recommendation a request of the Skyway Development Corporation that the city provide sanitary sewer and storm drain facilities for the property on ~hich the Corporation proposes to erect a shopping center located at the northwest corner of Hershberger Road and Airport Road in Roanoke County, the committee reported that it has conferred with representatives of the Corporation and recommended that the City Manager be directed to advertise for bids for construction of a storm drain to provide drainage for the proposed shopping center, which drain ~ould run east and north to connect ~ith a drain nov under construction at Florist Road and Vinctent Avenue, advising that at the same time the Skyway Development Corporation expects to advertise for bids for constructing a sanitary sewer as shown on Plan No. 4411 on file in the Office of the City Engineer. Mr. Webber moved to concur in the report of the committee. The motion was seconded by Rt. Dillard and adopted. JUVENILE DETENTION HOME: Council at its meeting of February 8, 1960. haein referred to a committee composed of Ressrs. Arthur S. Owens, Chairman. John Lo Wentworth, Randolph Frantz and Mrs° Mary C° Pickett for study and recommendation '291 bids received for the construction of the Juvenile Betentbn Dome, the Committee submitted its report, recommending that Council accept the base bJd of Days ~onstructlon Company,. in the amoupt of $110o000.00, .~bJcb pr.rides for a seveateem bed facility, along ulth Alternate man, to provide rot roar additional rooms, at a cost of $6,900.00, and Alternate 'D#, to provide rot coloring of the concrete floor at a cost of $600.00, making the total of the contract $126.300.00, uhlch is the lam bid received, and advising that ff Council auards the contract as recommended by the committee it will be necessary to appropriate $137,300.00 to cover the cost of the said contract, plus $2,000.00 for contingencies and $9,000.00 for architect*: fees. Hr. ~ebber moved to concur in the report of the committee and to direct the City Attorney to prepare a Resolution providing for the contract as recom- mended. The motion was seconded by Dr, Cornell and adopted, Mr. Dillard voting no. UNFINISIIED BUSINESS: STREETS AND ALLE¥S-SCDOOLS: Council at its meeting of November 23, 1959, after holding a public hearing on the question of permanently vacating, discon- tinuing and closing as a public street and public alley portions Of Hart Avenue and a certain alley lying to the south thereof, extending in a northwesterly direction from Orange Avenue at the Booker T. ~ashington Junion Iligh School site. having tabled the matter pending receipt of a report of the viewers thereon, the matter was again before the body. The City Clerk presented the report of the vieuers, advising that they have viewed the street and alley in question and that. in their opinion, since the city has recently widened and constructed a culode-sac at the westerly end of 292 vlemers heretofore appointed as aforesaid, after mahing okth that they mould faithfully end impartially discharge their duties as vieuers,' have taken a vJem of said street and alley and have reported to the Council in writing that, in their opinion, no inconvenience mould result from the permanent closlng,.vacating and discontinuing of the same, and have recommended that the same should be permanently closed, vacated and discontinued; and WHEREAS, at n public hearing of the question held at the Council meeting on the 23rd day of November, 1959, after due and timely notice of such public hearing published in a local newspaper, all parties In interest and citizens were given an opportunity to be heard on the matter of the proposed closing; and WHEREAS. Council is itself of opinion that no inconvenience would result from such closing and that that portion of Ilart Avenue, N, W** and of that certain alley, as hereinafter described, should be permanently closed, vacated and discon- tinued as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following described portion of Hart Avenue. N. W.. to-wit: (1) All of that portion of Dart Avenue, N. W., (formerly Eagle Street), extending approximately 398.0 feet in a northwesterly direction from a line extending across said street from the northeast corner Of Lot No. 10, as shown on the Map of Clyde Land Company. to the present intersection of said Ilart Avenue with Burrell Street, Douglas Avenue and Peach Road; and the following described alley, to-wit: (2) All ~f that certain alley extending from the east side of Peach Road. N. N., (formerly Wall Street). to the present north line of Orange Avenue, N. W., and lying between Lots 3 to !0, inclusive, on the north and Lots 11 to 15. inclusive, on the south, as shown on the Map of Clyde Land Company, excepting such of said alley as may have heretofore been made a part of Orange Avenue; be, and the same are hereby permanently closed, vacated and discontinued and that all right, title and interest of the general public to use the same as a public street and public alley, respectively, is hereby released insofar as the Council is empowered so to do. the City of Roanoke, however, reserving unto itself in its proprietary capacity all of the rights of a landowner abutting said former public street and public alley, respectively. BE IT FURTHER ORDAINED that the City Engineer be. and he is hereby directed to mark ~Permanently Closed, Vacated and Discontinued* that portion of said former street and that portion of said former alley hereinabove vacated on all maps and plats on file in his office showing the same. 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 FURTItER ORDAINED that the Clerk of this Council shall deliver to the Clerk of the Hustings Court of the City of Roanoke an attested copy of this ordinan, in order that said Clerk may record and index the same as provided by law and may make proper notation on all plats recorded in his office upon which is shown that portion of said street and alley herein permanently closed, vacated and discontinue 293 Mr. Young moved the Ordinance on its first reading. The motion was seconded by Nr. Anderson nnd adopted by the follouing vote: AYES: Council nembers Anderson, Cornell, Dillard, Pickett. Webber. Young, and the President, Ur. Wheeler ................. NAYS: None ............................ O. CONSIDERATION OF CLAIMS:. NONE. Ih'IRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLWrlONS: ZONING: Ordinance No. 1396§, rezoning from General Residence District to Business District property described as Lots !0 and II, Rlock 8, Idleuild Park, having previously been before Council for its first reading, read and laid over, was again before the body. Mrs, Pickett offering the following foF its second reading and final adoption: (~13960) AN ORDINANCE to amend and reenact Title XY, Chapter 4. Section I. of The Code of the City Of Roanoke, 1956. in relation to Zoning. (For full text of Ordinance. see Ordinance Book No. 24, Page 76,) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following rote: AYES: Council menbers Anderson, Cornell. Dillard, Pickett, Webber, Young. and the President; Mr. Wheeler .......... 7. NAYS: None ............................O. ZONING: Ordinance No. 13969, rezoning fro~ Special Residence District to Business District property described as Lots 4, $, 6, ? and O, inclusive, Block 25, Ferdinand Rorer Map, having previously been before Conncil for its first reading, read m d laid over, was again before the body, Mr. Webber offering the following for its second reading and final adoption: (~!3969) 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. 24, Page 76.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following rote: AYES: .Council ~embers Anderson, Gornell, Dillard, Pickett, Webber. Young, and the President, Mr. Wheeler ......... NAYS: None ............................OD ZONING: Ordinance No. lag?O, rezoning from General Residence District to Busioess District certain property located on the south side of Shenandoah Avenue, N. W., between Beech Street and Gum Street, having previously been before Council for its first reading, read and laid over. was again before the body, Ar. Young offering the following for its second reading and final adoption: (=13970) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 195b, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 24, Page Ara Young moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the followi~g vote: '294 AYES: Council members Anderson, Cornell, Dillard, Pickett, Nebber, Young. and the President. Mr. ~heeler ................. 7. NAYS: None ............................O. STATE HXGHMAYS: Council at its meeting of February Bo 1960. having directed the preparation of a Resolution requesting the Virginia ~epartnent of Highways to appropriate funds for improvements to Do S. Route 220. between Virginia Routes 119 and 675, near Clearbrook School, NF. Anderson offered the following Resolution: (~15979) A RESOLUTION requesting the Virginia Department of Illghways to appropriate funds for the Improvement of a portion of U. S. Route 220. (For full text of Resolution. see Re~lution Book No. 24. Page 01.) Mr. Anderson moved the adoption of the Resolution. The motion was sac,nde( by Nr. Young and adopted by the following rote: AYES: Council members Anderson. Pickett. Webber. Young. and the President Mr. Rheeler ............................................ 5. NAYS: Council members Cornell and Dillard .....2. MOTIONS AND MISCELLANEOUS BUSINESS: SIDENALK, CURB AND GUTTER: Dr, Cornell presented a letter from Br, F, L° Johnson, 2525 Springhill Drive, N, W,o complaining that proper consideration has not been given to a petition of residents of the 2500 and 2600 blocks of Springhill Drive for the construction of concrete curb, gutter and sidewalk, which petition . was filed in 1950, Mr. Webber moved to refer the matter to the City Manager for study and recommendation, The notion was seconded by Hr, Anderson and adopted, There being no further business, Council adjourned, A P P R 0 V E D President 295 COUNCIL, REGULAR MEETING, Tuesday, February 23. 1960. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Tuesday. February 23, 1960. at 2:00 o'clock, p. m., the regulor meeting hour. with the President, Mr, Mheeler, presiding. PRESENT: Council members Anderson, Cornell, Dillard, Pickett, Mebber. Young, and the President. Mr, Mheeler ............. 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 Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend J, L. Coppock. Pastor, Nest End Presbyterian Church. MINtrIES: Copy of the minutes of the regular meeting held on February 15, ig60, 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: HEALTH DEPARTMENT: A public hearing on the question of adopting au Ordi- 296 Mrs. Pickett moved to change the first sentence of Section ? of the pro'posed Ordinance t'o read as follows: UNo child shall attend any nursery, kindergarten, public, or private school, in the City. mlthout first presenting to the person in charge of admission:', thus eliminating, between the words "private and 'school', the words 'parochial or other Church or Sunday'. Dr, Cornell offered a substitute motion to strike from the proposed Ordi= nance the entire Section ?. The motion was seconded by Mr. Dillard and defeated, Council members Anderson, Pickett. Mebber, Young. and the Mayor voting no, Mrs. Pickett's original motion mas then adopted by unanimous vote: Dr. Cornell moved to provide that the Ordinance shall be effective sixty days after its adoption. The motion was seconded by Mr. Dillard. Rt. ¥onng offered a substitute motion to eliminate the emergency clause the Ordinance. The motion mas seconded by Mr. Webber and lost. ReSSFS. Anderson. Corn,Il. Dillard and ~ e Mayor voting no. Dr. Corneli's notion was then adopted. Mr. Young voting no. Mr, Dillard then moved to eliminate the provision providing for o jail isentence in the penalty clause of the proposed Ordinance. Yhere being no second, the motion was lost. Mrs. Pickett then offered the folioming emergency Ordinance: (=13980) AN ORDINANCE amending Title XIII. 'Health' of The Code of the City of Roanoke, 1956, by adding a new chapter thereto, said new chapter being Chapter 14. entttled 'Vaccination Against Polio*, and requiring the~ccination of i!certain children against polio; defining certain terns; prohibiting certain children lnot so vaccinated from attending school; providing that such vaccination be any ladministered certain children without cost; exempting certain children from the lanemergenylpr°visi°nSch .... f providingpunishmentforviolationsh .... f andprovidingfor Mrs. Pickett noved the adoption of the Ordinance. The notion was 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 ...... PETITIONS AND COMMUNICAYIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalachia~ Pawer Company, reporting the installation of four 2500 and twelve 21000 lumen street ights and the removal of thirty-one 6000 lumen street lights during the month of Fanuary. 1960. Mr. Young moved to file the report. The motion was seconded by Dr. Cornell and adopted. SEWERS AND STORM DRAINS: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County.requesting that the contract of September 1954, between the city and the County, dealing with the treatment of domestic and 29? commercial wastes, be amended by adding thereto the Cherryhlll Park Subdivision. Section s3, containing 2907S acres, and lying east of the Veterans Administration Hospital. ur, Young moved to refer the request to a committee composed of Messrs. Roy L. Yebber, Chairman, Yalter Lo Young, Arthur S, Owens. and Randolph G. Mhlttle for study and recommendation, The motion was seconded by'Mrs, Pickett and adopted, REPORTS OF OFFICERS: RUDGET-TRAFFIC EHGIN£ERING AND CORRUHICATIONS: The City Manager reported that, pursuant to an advertisement for bids for furnishing radio equipment, only one bid was received from Motorola Communications and Electronics, Incorporated, although two additional suppliers had been specifically requested to bid. the bid of Motorola Communications and Electronics, Incorporated, being in the amount of $9.6§0.00. which is less than the appropriation contained in the 1960 budget for this equipment, and recommended that Council accept the bid. Mr. Anderson moved to concur in the recommendation of the City Ranager and offered the followin9 Resolution: (nl3q~l} A RESOLUTION accepting the proposal of Rotorola Communications and Electronics, Inc.. for supplying certain radio equipment and authorizing the Purchasing Agent to issue the requisite purchase order. (For full text of Resolution, see Resolution Book No. 24, Page B5.) Mr. Anderson moved the adoption of the Resolution. 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. Nheeler ................. 7. NAYS: None ............................O. POLICE DEPARTRENT-DEPARTMENT OF PUBLIC MORKS: The City Manager submitted tabulation of bids received by the Purchasing Agent for motor equipment authorized in the 1960 budget, showing the bid of Magic City Motor Corporation, in the amount of $14,B50.00, as low, for six two-door police automobiles, and the bid of Wright Motor Corporation, in the amount of $2,375.00. for one four-door police automobile as low. and recommended the acceptance thereof. Mr. Young moved to concur in the recommendation of the City Manager and offered the following Resolution authorizing the acceptance of the bid of Magic City Motor Corporation: (~13902) A RESOLUTION accepting the proposal of Magic City Motor Corporation for supplying six 1960 police automobiles; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution. see Resolution Book No. 24, Page 05.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: "298 AYES: Council members Anderson, Cornell. Dillard, Pickett. Webber, Young. and the President, Ry. Rheeler ................. ?. NAYS: None ............................O, Mrs. Pickett then offered the following Resolution authorizing acceptance of the bid of Rright Rotor Corporation: (a13983) A RESOLUTION accepting the proposal of Mright Motor Corporation for supplying one police automobile; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 24, Page HFS. Pickett moved the adoption of the Resolution. 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 City Manager also presented a tabulation of bids for motor trucks, shaming the bid of Antrim Motors. Incorporated, in the amount of $18,210.OO, as Iow, for five I l/2-ton trucks; the bid of Dickerson GMC Corporation. in the amount of $11.122.00, for two 2 l/2-ton trucks; and that of Shackeiford-Cox Truck and Machinery Company, in the amount of $6,471.77, for one 3 to 4-ton truck, chassis and cab, as low, advising, however, that all three low bidders took exception to the thirty day delivery time specified in the advertisement for bids. specifying in their bids delivery from thirty to sixty days, the City Manager therefore recommending that the next low bid of Diamond Chevrolet Corporation, in the amounts of $18,275.00, $11,138.00 and $6,495.00, respectively, be accepted since this is the lowest bid meeting specifications, In reply to a question from Mr, Young, the City Manager advised that a $10. OO per day penalty clause was contained in the advertisement for each day beyond thirty days in uhich the trucks were not delivered, that only the bid of Dickerson GMC Corporation had specifically mentioned the $10.00 penalty clause as applying after the sixty days as specified in their bid, however, the other two low bidders had specified a maximum of sixty days for delivery and he assumes the $10.O0~nalty clause is to apply thereafter. Mr. ~ebber then moved to refer the bids for motor trucks back to the City Manager for clarification of the question, The motion was seconded by Mr. Dillard and adopted, SALARy AND WAGE PLAN-CLERK OF THE COURTS: The City Maoager presented a communication from the Clerk of the Courts, requesting that four of his employees be reclassified, two from Grade Il ~ Grade 9, one from Grade 12 to Grade 9 and one from Grade 13 to Grade 10, the City Manager advising that the employees of the Clerk of the Courts are covered voluntarily under the Salary and Wage Plan, although no formal job descriptions and classifications are contained in the plan for said employees, and that he has had no prior request for reclassification of these employees, as such, although a request for a salary increase for three 299 of the employees was before Council previously and denied during budget study sessJoaso Dr. Coroell moved to concur in the request of the Clerk or the Courts, There'being no second, the motion wes lost; mhereupon, Hr, Yebber moved to refer the matter to the City Manager for study and recommendation, The motion mas seconded by Mr. Dillard and adopted, OUDGET-AN~£XATION: The City Manager requested an appropriation of $12,260.42 to pay for the services of ~oodFom and Gregory, in the amount of $3o2.sS, and Niley and Nilson, in the amount of Sg6$.flT, in connection with the annexation proceedings. * Mr. Young moved to concur in the request and offered the following emergenc: Ordinance: (u13984) AN ORDINANCE to amend and reordain Section al55. 'Annexation,' of the 1960 App~opfi orion Ordinance. and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 24, Page Mr. Young moved the adoption of the Ordinance. The mol~on was seconded by Mr. Anderson and adopted by the followin9 vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber. Young. and the President. Mr. ~heeler ................. NAYS: None ............................O. EASEMENTS-SEWERS AND STORM DRAINS-SCIIOOLS: The City Manager reported that in connection with construction of a sewer line to serve the Stewart School site, lying in the county north of Hershberger Road and west of State Route 626, it is necessary to secure an easement from Mr. J. L. Ramsay for construction of the $176.75, cash; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, Page 300 Dr. Cornell moved to concur in the recommendation of the City Nanager and offered the roll*ming emergenc7 Ordinance: (nlaqfl6) AN ORDINANCE authorizing and directing the acquisition of a perpetual easementfor a public semer line through property on the north side of Carvin Street, N, E,, omned by Hr, and Mrs. Nalter E, Powers, for n consideration of $300,00, cash; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 24, Page 80.) Or. Coy*ell moved the adoption of the Ordinance. The motion was seconded by Hr. Dillard and adopted by the following vote: and the President, Mr. Nheeler ................. 7. NAYS: None ............................O. APPOINTMENTS AND RESIGNATIONS: The City Manager reported the resignation of Mr. John R. Graham, as of February 16, lgGO, and Mr. James T. Otey. as of March 1, 1960. as members of the Fire Department. Mr. Anderson moved to file the report. The motion was seconded by Mr. Young and adopted. CITY PROPERTY: The City Manager reported that la compliance with a directive of Council at its meeting of February 1o 1960, he has secured from Star City Steam Cleaning Company firm proposals for the cleaning of certain fire stations and the Municipal Buildjng,.as follows: for cleaning and pointing up the exterior of Fire Stations Nos. 6, 3. 4, and 5, $600.00 each, or a lump sum ~r the four stations of $2,100o00. and for cleaning and pointing up the exterior of Se Municipal Building, $4,670.00. Mrs. Pichett moved to table the matter. The motion was seconded by Mr. Young and adopted. SIDEWALK, CURB AND GUTTER: The City Manager reported that he has looked into the complaint of Mr. F. L. Johnson, 2525 Springhill Drive, N. W., that proper consideration has not been given to petitions of residents of the 2500 and 2600 blocks of Springhill Drive for construction of concrete curb, gutter and sidewalk, which was referred to him by Council at its meeting of February 15, 1960, and advised that the petitions were received by the Department of Public Works on October 31. 1958. and, at that time, placed in line for consideration, that the petitions nos stand forty-fourth in order for consideration, and that be sees little hope of their being considered in the 1960 program unless a large number Of petitioners fail to provide funds when assessments are sent for their projects. the City Manager stating that. in his opinion, handling of petitions for this mork by the Department of Public Norks is proper since they are being considered in the order received with the then available funds for construction. Mr. Anderson moved to receive and file the report. The motion was seconded by Dr. Cornell and adopted. '"301 DEPARTMENT OF PUBLIC MELFARE: The City Manager reported that he has Investigated the complaint of Mrs. Ora Johnson concerning the refusal of the City Physician to admit her to a regular hospital. Uhich was referred to him by Council at its meeting of February 15, 1960. and that he concur~ in the decision of the City Physician since facilities ace. available for her treatment at the City Bone at a much lower cost. Mrs. Pickett moved to receive and file the report. The motion nas seconded by Dr. Cornell and adopted. STREET5 AND ALLEYS: The City Manager reported that he has investigated the question of resurfacJng Noodbine 5trent, 5. E., as requested by citizens living thereon and referred to him by Council at its meeting of February 15, 1960, and advised that it will cost approximately $1,415.40 for such resurfacing, that the project is not included in the 1960 program and consequently no funds are available for this purpose aL this time, and that he~nnot recommend that the street be given priority over those previously included in the 1960 program, but rather that it be considered along with other streets in the city during current and subsequent years as funds are available. Mr. Webber moved to concur in the report of the City Ranager. The motion was seconded by Mrs. Pickett and adopted. REFUNDS AND REBATES-LICENSES: The City Attorney reported that he has investigated the request of Mrs John N. Hunterthat he be relieved of paying ,enmities assessed against him for failing to properly file certain license tax applications for the years 1954 and 1955. which matter was referred to him by Council at its meeting of December 28, lqSg, and advised that the assessments' of the penalties in question were properly made, that there has been no error on the part of the Commissioner of the Revenue or his office, and that the request for relief should be denied by Council. however, the iic:~ss~e has the right to apply to the local courts for such relief. Mr. Rubber moved to concur in the report. The motion was seconded by Dr. Cornell and adopted, Mr. Dillard voting no. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: Council at its meeting of February 1, 1960, having referred to the City Planning Commission for study and recommendation a petition of The First National Exchange Hank, et al., requesting that a 25-foot strip of land zoned as Business District, lying immediately north of that portion of a tract ~f land zoned as* Light Industrial District located on the westerly side of Broadway, 5. N. south of Colonial Avenne, be resorted to Light Industrial District, the City Planning Commission submitted its rgport, advising that, in its opinion, the 25-foot strip of land in question 'shoaid be resorted 'for use along with the remainder Of the petitioners' property for light industrial purposes and that the said rezoning will not change the general character of the neighborhood nor .302 adversely affect nearby residential properties° the Commission, therefore, recom- mending that the petitioners* request be granted. Hr, Webber moved to set a public hearing ia the matter for 2:00 o'clock, p. m** March RI, lqO0. 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 notion mas seconded by Mr, Young and adopted. CONSIDERATION OF CLAIRS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No, 13976. permanently closing, vacating and discontinuing as a public street nnd public alley, respectively, a portion of RaFt Avenue. N. Mo, and all of a certain alley lying between Lots 3 to 10, inclusive, on the north, and Lots 11 to 15. inclusive, on the south, having previously been before Council for its first reading, read and laid over, mas again before the body. DF, Cornell offering the following for its second reading and final adoption: (~13970) AN ORDINANCE permanently closing, vacating and discontinuing as a public street and public alley, respectively, a portion of Rart Avenge, (formerly Eagle Street), and all of a certain alley lying between Lots 3 to inclusive, on the north and Lots 11 to 15. inclusive, on the south, as shown on the Map of Clyde Land Company. (For full text of Ordinance, see Ordinance Book No. 24, Page 61.) Dr. Cornell 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, Mebber, Young, and the President, Mr. Wheeler ................. ?. NAYS: None ............................Oo JUVENILE DETENTION HOME: Council at its meeting of February 15, 1960, having directed the preparation of an Ordinance acceptin9 the bid of Days Construc- tion Company for construction of ~e Roanoke Juvenile Detention Hume, Mrs, Pickett offered the following emergency Ordinance: (~13987) AN ORDINANC~ conditionally accepting the proposal of Days Construction Company, Inc., for the construction Of a Roanoke area juvenile detenti¢ home near Coyner Springs, Botetourt County, Virginia; conditionally 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 Book No. 24, Page gO.) MFS. Pickett moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson. Corneil, Pickett, Webber, Young. and the President, Mr. Mheeler ......................... NAYS: Mr, Dillard .....................1. '303 Mrs, Pickett then offered the following emergency Ordinance appropriating funds for the construction of the Juvenile Detention fl*se, plus $2,000,00 for contingencies and $9,000,00 fur architects* fees: (a139OD) AN ORDINANCE to amend and reordain Section u142. UTraasfer to Improvement Fund,' of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 24, Page 91.) Hfs, Pickett moved the adoption of the Ordinance. The motion uno seconded by DF. Corn*Ii and adopted by the following vote: AYES: Council members Anderson. Cornell. Pickett. Webber. Young. and the President. Mr. Mheeler ......................... 6, NAYS: Mr. Dillard .....................I. SEMERS AND STORM DRAINS: Council at its meeting of February 15. 1960. having directed the preparation of a Resolution extending the contract between the City of Roanoke and O. C. Kimherlin and Son for drilling drainage wells in the Wllliamson Road area. Mr. Young offered the following Resolution: (=13999) A RESOLUTION extending the contract of October 29, 1959. between D. C. Kimberlin and Son and the City of Roanoke for the drilling of drainage ~ells and installin9 casings in the Williamson Road area. (For full text of Resolution. see Resolution Book No. 24. Page 91.) 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. Rebber. Young. and the President. Mr. Rheeler .................. NAYS: None .............................O, Mr. Y,un9 then offered the following emergency Ordinance appropriating funds for the contract extension: (~13990) AN ORDINANCE to amend and reordain Section =141, 'Sewer and Drain Construction." of the 1960 Appropriation Ordinance, and protein9 for an emergency~ (For full text of Ordinance, see Ordinance Book No. 24, Page 92.) 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 ................. 7. NAYS: None ............................Oo MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC-LICENSES: Dr. Cornell stated that there has been considerable discussion concerning the plight of the d,mn,own merchants and the fact that a number of store buildings in the Campbell Avenue business district, between Jefferson Street and Second Street. S. W.. are vacant, and moved that Council hold a meeting at 7:30 o'clock, p. m.. March 6. 1960. in the Council Chamber. :304 and invite thereto merchnuts and interested persons in the downtown area for a discussion of the problem, The motion was seconded by Mr. Dillard. After some discussion, Mr. Anderson offered o substitute motion to advise the Roanoke Rerchants Association and the Roanoke Chamber of Commerce that Council is interested in the problems of the oerchants and to request that they advise the body mhether or not a meeting between Council and the business community for a discussion of these problems and for any other ideas that they may wish to advance in connection therewith mould be helpful, The motion was seconded by Hr. Rabbet and adopted, There being no further business, Council adjourned, APPROVED President 305 COUNCIL,*BEGULAB MEETING, Monday, February 29, 1960. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, February 29, 1960, at 2:00 o'clock, p.m,, the regular meeting hour, with the President, Mr. Yheeler, presiding. PRESENT: Council members Anderson, Cornell, Dillard, Pickett, Webber, Youu and the President, Mr. Wheeler .............. ?. 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 R. E. Crawford, Pastor, Garden City Baptist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: SPECIAL PERMITS-STREETS AND ALLEYS: The City Clerk presented a communica- tion from Mr. Fred S. Morrison. 1902 Avon Read, S. W.. requesting that he be permitted to maintain a carport extending from his property into the side street on Shirley Avenue approximately four feet mhich he constructed in IgsB under a buildin~ permit obtained from the Building Commissioner. Mr. Morrison appeared before Council and stated that subsequent to his pro- curement Of the building permit, but prior to the construction of the carport, representative of the office of the Building Commissioner went to his home and talked to his wife about the construction, and, assuming that the visit of the representative of the office of the Building Commissioner was final and that no objection had been raised, he constructed the said carport, inadvertently extending it into the street at the side of his home, that, subsequently,in April, 1959, he was advised by the Building Commissioner that the carport extends into the city street and is in violation of the Building Code; therefore, it will have to be removed. Mr. Morrison advising that he has appealed to the Board of Zoning Appeals and his appeal has been denied, pointing out that Shirley Avenue. along the side Of his property, is unpaved and that there is no sidewalk, and requesting that Council grant him permission to maintain the carport subject to cancellation of the permit at any time by the city, Hr. iorrison agreeing to save the city harmless from any action resulting therefrom. Mr. Anderson moved to direct the City ~ttorney to prepare a Resolution granting a revocable license to Hr. Horrison as requested with the provision that the city be saved harmless from any action caused thereby. The motion was seconded by Dr. Cornell and adopted. CHURCHES: The City Clerk presented a communication from the Trustees of St Elizabeth's Church, Episcopal. requesting that Council grant the church authority 306 advising that it desires to purchase from the Trustees of the Funds of the Protestan' Episcopal Church in the Diocese of Southwestern Virginia, Incorporated, e 4.O31 acre tract known as the J. Lee ~efr property which they presently hold under Ordinance No 13066. adopted on May 6, 1957, along with two small parcels of land lying lmmedlntel to the north thereof and on each side of York Road, S. a., containing O.464 acres and 0.06 acres, respectively, on which land It proposes to erect a church and feint, facilities. Mr. Young moved to COnCUr in the request and offered the following Ordinance (a13991) AN ORDINANCE authorizing the Trustees of St. Elizabeth°s Church, Episcopal, to take and hold the title to certain real estate located in the City of Roanoke, Virginia. ' MHEREAS, the Trustees of St. Elizabeth*s Church, Episcopal, has presented to Me Council of the City of Roanoke. Virginia, its petition requesting that it be permitted to take and 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 the City of Roanoke, Virginia, to more than four acres but less than tea acres; and WHEREAS, 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 St. Elizabeth*s Church. Episcopal, will he 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 St. Elizabeth*s Church. Episcopal, take and hold the title to that certain tract or parcel of land lying and being in the City of Roanoke. Virginia. containing 4.031 acres of land. known as the Lee Neff property, bounded on the south by Grandin Road (at Guilford Avenue). on the by an alley and on the north by Mesthampton Subdivision and York Road. and. also, two small parcels of land lying immediately north of and adjacent to said J. Lee Neff property, containing, respectively. 0.464 acres and .05 acres, to be devote, exclusively to a church building, chapel, offices exclusively used for adminintrntiv, purposes of the church, a Sunday school building and playgrounds therefor, and park- ing lots for the convenience of those attending any of the foregoing, and a church parsonage or rectory. Mr. Young moved the Ordinance On its first reading. 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. Mr. Young then moved to request the City Attorney to advise Council whether not Ordinance No. 13066. adopted on May 6. 1957, should be repealed. The motion seconded by Hr. Cornell and adopted. STREETS AND ALLEYS: The City Clerk presented a petition from residents and property owners of the 500 blocks of Rutherford Avenue and* Madison Avenue, N. M., requesting that the alley extending through that block be paved. '307 Mr. Young moved to refer the request to the City Manager for study and ition. The motion mas seconded by Mr, Anderson and adopted. STREETS AND ALLEYS: The City Clerk presented a communication from Miss lessie Guilliams, 1811Mestviem Avenue. S. W** stating that the street on which she lives is in deplorable condition and requesting that it be repaired so that it will be useful. Dr. Cornell moved to refer the request to the City Manager for the necessary action. The motion ems seconded by Mr. Dillard and adopted. ROLLINS RoAm CIVIC LEAGUE-PARES AND PLAYCROUNDS~ The City Clerk presented a communication from the Rollins Road Civic League. Incorporated, requesting that the city purchase a tract of land containg approximately 0.2 acres, known as the H. C. Eversole property. Tax Nos. 3250227 and 3250228, for use as a public park for the Hollins Road community, advising that there are no park facilities available in that area. Mr. Webber moved to refer the request to the City Planning Commission and to the City Manager for study and recommendation. The motion was seconded by Mr. Young and adopted. SOUTREAST CIVIC LEAGUE-BRIDGES: The City Clerk presented a communication from the Southeast Civic League, requesting that Council consider construction of a bridge from Fourteenth Street, S. E.. over the Norfolk and Western Railway Company*: tracks at the American Bridge Company. Mr. Webber stating that since construction Of a bridge at that point has been under consideration by Council for some time. and since the body is presently consideriog an extensive capital improvement program, moved that the report he file and that the City Clerk notify the Southeast Civic League in the premises. The motion Mas seconded by Mr. Dillard and adopted. SOUTREAST CIVIC LEAGUE-AUDITORIUM: The City Clerk presented a communicatio from the Southeast Civic League. suggesting the east end of Fallon Park as a loca- tion for the proposed municipal auditorium. Mr. Dillard moved to refer the request to the committee composed of Mayor Vincent S. Mheeler, Chairman, Messrs. Willis M. Anderson and Walter L. Young for consideration along with its present study of the proposed auditorium. The motion was seconded by Mr, Young and adopted, SALARY AND WAGE PLAN-JUVENILE AND DOMESTIC RELATIONS COURT: The City Clerl presented a communication from the Judge of the Juvenile and Domestic Relations Court, requesting an amendment to the Job Classification Plan to reclassify the Chief Probation Officer from Grade 6 to Grade 4. the Clerk of the Juvenile Court from Grade 8 to Grade 6, and Probation Officers from Grade 11 to Grade 10, and to establish a new classification of Senior Probation Officer in Grade 9. Mr. Anderson moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Webber and adopted. AIRPORT: The City Clerk presented a communication from Dollman's of Roanoke, offering to lease from the city parking facilities at the Roanoke Munici- pal Airport for a period of five years, with options, at an annual rental of :"308 $3,000.00, or an annual rental of $1,000.00o plus 10~ of gross receipts, uhicherer Council deems advantageous to the city. the city to fence, adequately light and blacktop the area. The question of leasing the pnrhing facilities at the Roanoke Municipal Airport presently being under study by a committee composed of Messrs. Roy L. Robber Chairman, Arthur S. Omens and Harry R. Yates, Hr. Dillard moved to file the request. The motion mas seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS: AIRPORT: The City Manager reported that existing contracts with the major airlines for operation at the Roanoke Municipal Airport Will expire June 30, 1960, and suggested that the matter be referred to the Airport Committee for study, negotie tion and recommendation to Council concerning the renewal of these contracts. Mr. Young moved to refer the matter to a committee composed of Messrs. Roy L. Mebber, Chairman, Harry R. Yates and Arthur S. Ouens for study and recommendation The motion nas seconded by Or. Cornell and adopted. BUDGET-DEPARTMENT OF PUBLIC MELFARE: The City Manager requested an appro- priation of $215.00 to provide for the purchase of a floor machine for the Juvenile Detention Home, advising that the entire cost will be refunded by the state. Mr. Anderson moved to concur in the request of the City Manager and offered the folloming emergency Ordinance: (~13992) AN ORDINANCE to amend and reordain Section ~144. *Departmental Equipment and Improvements.~ of the 1960 Appropriation Ordinance. and providing for emergency. (For full text of Ordinance. see Ordinance Book No. 24. page 93.) 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, Cornell, Dillard, Pickett, Webber. Young, and the President, Mr. Nheeler .............. 7. NAYS: None ......................... O. BUDGET-DEPARTMENT OF PUBLIC ~ELFARE: The City Manager requested an appro- priation of SDO0.O0 to provide for the purchase of five wheel chairs and foot hospital beds for the City Home. Dr. Cornell moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~13993) AN ORDINANCE to amend and reordatn Section m144, *Departmental . Equipment and Improvements," of the 1960 Appropriation Ordinance, and providing for emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 93.) Or. 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. Mheeler .............. 7. NAYS: None ......................... O. 3O9 DEPARTMENT OF PUBLIC NORKS: The City Manager presented bids received bids bI the Purchasing Agent on February 25, 1960. tot one motor grader, reporting thot of the ten bids received only tun met the city*s speclficotlonso viz.: Carter Mechiner~ Company. Incorporated, for Caterpillar No. 12, in th~ amount of $18,000.00 net. wltt a trade-in of a 1940 Caterpillar motor grader, or $21,375.85 mitbnut the trade-in; and Capital Equipment Company, Incorporated, roi Austin-Western Super 300, in the amount of $19.779.20. ulth a trade-in of a 1946 Caterpillar motor grader, or $21,164.24 net, without the trade-in. Along mlth the tabulation of the bids, the City Manager submitted a report prepared by the Purchasing Agent, the City Engineer and the Superintendent of the City Garage, containing the details mhereJn specifications were not met. and report. lng t~at in the case of the bid of Capital Equipment Company, Incorporated, for the Austin-Western Super 300 motor grader, there Is no local parts supply available in Roanoke, which will require shipment of said parts from Richmond OF from the factory thus causing a delay in maintenance, which would represent a major item in the cost of operation; also, that there is no company maintenance available in Roanoke, whict would contribute to the operation cost. the three officials recommending that the city purchase the Caterpillar No. 12 as bid on by Carter Machinery Company, Incor- porated, at u price of $21,375.85. which would permit retention of the 1948 motor grader for stand*by service during emergencies and when other machines are out of service, the City Manager concurring in the recommendation. Representatives of a nnmber of the bidders appeared before Council and complained that the specifications the city used in advertising for bids for this equipment were mrittcn so that only two motor graders manufactured in the United States could qualify thereunder, mentioning specifically the turning radius, speci- fied to be a maximum of thirty-five feet, nine inches, under which only Caterpillar and Austin-Western could qualify. After considerable discussion, Mr. Dillard moved that the bids be referred to a committee composed of three members of Council, to be appointed by the Mayor, for study and recommendation. The motion was seconded by DF. Cornell and adopted. The Mayor then appointed the following committee: Messrso Walter L. Young, Chairman, Denton O. Dillard and Roy L. Webber. DEPARTMENT OF PUBLIC MORKS: Council at its meeting of February 23, 1960, having referred back to the City Manager bids received for eight motor trucks for darification of the question of the delivery time and the penalty clause, with regard to the bids of Antrim Motors, Incorporated, and Shackelford-Cox Truck and ~achtnery Company, which was not clear in the report before Council at that time, the City Manager reported that neither of the two companies will agree to the penalty clause providing for $10.00 per day per truck for each day after thirty day~ delivery as contained in the specifications and again ~ led the attention of Council to the fact that the original bid of Dickerson CMC, Incorporated, specifica] ly stated that the penalty clause would be accepted for non-delivery only after a sixty day period. '~310 Hepresentetives of Antrim Moto%s., Incorporated, and Dlcherson GMC, Incorpo- rated, appeared before Council and stated that the reason they could not accept the thirty day delivery period in their bids nod the penalty clause thereafter, uhea submitted, mas that the only supplier for the bodies required to be mounted on their chassis by city specifications mas a Rosnoke concern mbo could oot guarantee dell~ in that period to aoy of the bidders, and that they, unlike the bidders mho met the city specifications in this respect, did not include in their bid price money to cover the penalty clause since it had been eliminated from their bids. consequently. the bidders meeting city specifications might, or might not. be low if oil bids bad been submitted the same. Hr. James L. Hancock, Vice President of Antrim Motors, Xncorporated. app and stated that his company is nos milling to accept the thirty day delivery time and the penalty provisions thereafter on the basis of the bid originally submitted. appeared and stated that since his company ~as low bidder on tuo of the trucks involved he feels that the city should offer him the purchase order based upon o lthirty day delivery in order that he might contact the factory and determine or not it could be accepted. After considerable discussion of the matter, Mrs. Pickett moved to accept th~ tbld Of Diamond Chevrolet Corporation as originally submitted for the eight motor Ur. Cornell then offered a notion to accept the bids of the los bidders in Mr. Webber offered a substitute motion to direct the City Attorney to pre- pare a Resolution rejecting all bids and to direct the City Manager to readvertise for bids, providing a forty-five day delivery time in lieu of the thirty days originally called for. The motion was seconded by Mr. Young and adopted, Mrs. BUDGET-STATE HIGHWAYS: The City Manager reported that the cost for appraisal of land needed for right of way on Route 3117, Federal Urban Aid Project No. 0117- 128-070. is $5.d25.00. and requested an appropriation in that amount to pay for these In reply to a question from Mr. Young. th~ City Manager advised that he is sure of the number of pieces of property involved nor the rate of charge for eac! such piece of property. Mr. Dillard then moved to refer the matter back to the City Manager to check the basis of these fees and advise Council. The motion mas seconded by Dr. Cornell and adopted. REPORTS OF COMMXTYEES: NONE. UNFINISHED BUSINESS: . ZONING: Council at its meeting of January 18, 1960, having referred to the City Planning Commission for study and recommendation a request of Norma Ann Plunkett et al., that property located on the northside of RcClanehsn Street, S. Re, between Crystal Spring Avenue and Rosalind Avenue described as the rear portion o'f Lot 7, the remaining portion of Lot T, and Lot B, Block 41. Crystal Spring Land Company, the westerly portion of Lots 1. 2. 3, 4. 50 end 6, Block $0, Crystal Spring Land Company. Official Tax Nos. 1040901, 1040902, and 1040903, be rezoned from Special Residence District to Business District, the City Planning Commission submitted its report, advising that Jn Its opinion the land is suitable for the intended use; i. e** a medical clinic, and that the completed structure mill be an asset to the neighborhood, the Planning Commission therefore recommending that Council grant the request, including therein Lot 6, Block 41. lying adjacent thereto, in accordan~ with the request submitted to the Commission by the attorney for the petitioners. Mr. Young moved to hold a public hearing in the matter at 2:00 o'clock, p.m. March 2B. 1960, in the Council Chamber. and to direct the attorney for tbs petition- ers to prepare the notice thereof, have it approved by the City Attorney. and submit it to the City Clerk for publication. The motion was seconded by Mr. Anderson and adopted. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE, MOYIONS AND MISCELLANEOUS BUSINESS: LICENSES: Mr. W, Couvtney King appeared before Council aud requested that the body resciud the license tax of i.l~ of gross receipts on professioual peopleo Mr. King was instructed to put his request in writing and present it to the City Clerk. STREETS AND ALLEYS; Mr. Barry N. Lichtenstein. Attorney for Mr. Harry L. Rosenbaum, appeared before Council and presented a request that the city release by quitclaim all right, title and interest in a certain former portion of old iFranklin Road, S. W.. lying betmeen the old north line Of Franklin Road and the newly established line of the same, and abutting property designated as Official Tax No. 1150102, on which Mr. Rosenbuum has n contract to purchase from the present emmet, Mrs. Stella G. Bryant. Dr. Cornell moved to refer the request to the City Attorney for advice as tc whether or not this is proper procedure. 'The motion was seconded by Mr. Dillard and adopted. There being no further business. Council adjourned. APPROVED President "312 COUNCIL, REGULAR MEETING, Monday, March ?, 1960. The Council of the City of Roanoke met in rag,Imf meeting in the Council Chamber in the Municipal Building, Monday, March 7, lq60, at 2:00 ,*clock, p.m.,' the regular meeting hour, with the President, Mr. Wheeler, presiding. PRESENt3 Council members Anderson. Corn,Il, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ................................. ?. ABSENY: None .................................................O. OFFICERS FRESEF~r: 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 Has opened with a prayer by the Reverend Walter D. Edwards. Jr., Rector, St. Ellzabeth*s Episcopal Church, MINI~fES: Copy of the minutes of the regular meeting of February 23, 1960, having been furnished each member of Council. upon motion of Mrs. Pickett, seconded by Mr, Young and adopted, ~he reading mas dispensed with and the minutes approved as=! recorded, BEARING OF CITIZENS UPON PUBLIC MAYTERS: ZONING: A public hearing having been set for 2:00 o'clock, p.m., Monday, March T, 1960, in the Council Chamber, on the request of Diamond Plastics Industries Incorporated, that a 10-acre tract of land lying on the east side of Holltns Road, N. E.. being a southerly portion of Official Tax No. 3300101. and adjoining the Diamond Plastics Plant on the north, be r,zoned from General Residence District to Light Industrial District. and notice of the hearing having been published in The Roanoke I,rid-News on February 19, 1960, 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. E. Uriffith D,ds,n, Jr., Attorney for the petitioner, appeared before Council and advised that his client purchased the property in question for the pur- pose of future plant expansion, and requested that the body grant, the request Of the petitioner. Mr. Webber moved to concur in the request and offered the following Ordinanc~: (~13994) AN ORDINANCE to amend reenact Title ~V, Chapter 4, Section 1., o~ The Code of the City Of Roanoke, 1956, in relation to Zoning. WHEREAS, application has been made to ~he Council of the City of Roanoke to have'property cpnsisting of lO.O'acres lying on the east side of Hollins Road~ N. E, being a southerly portion of Official Tax No. 3300101 and immediately north of the tract of land designated as Official Tax No. 3300104, r,zoned from General Residenc~ District to Light Industrial District; and 'WHEREAS, the City Planning Commission has recommended that the above parcel of land be Fez,ned from General Residence District to Light Industrial District as requested; and area mere given aa opportunity to be heard both for and against the proposed rezoning; and MHEREASo this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested, THEREFORE, B£ IT ORDAINED by the Council of the City of Roanoke that Title X¥. Chapter 4, Section 1o of The Code of the City of Roanoke, 1956, relating to Zoning. be amended and reenacted in the folioming Marticular and no other. Property located on the east side of Hollins Road, N. E., (Virginia State Iligh~ay Route No. liS) containing IOoOacres exclusive of the highway, fronting approximately 496.95 feet on the east side of Hollins Road and extending in an easterly direction 1005.27 feet to the center Of Tinker Creek on the northern boundary and 770.12 feet to the center of Tinker Creek on the southern boundary and being a southerly portion of the same property designated on Sheet 330 of the Zoning Map as Official Tax N~. 3300101, be, and is ~reby changed from General Residence District to Light Industrial District and the Zoning Map shall be changed in this respect. Mr. Mebber moved the Ordinance on its first reading. The motioo was seconded by Mr. Young and adopted by the follosing vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, ~ebber, Young. and the President. Mr. Nheeler .......... NAYS: None ............................Oo PETITIONS AND COMMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalachi~ Po~er Company, reposing the installation of twelve 2500 lumen street lights in the city during the month of February, 1960. Mr. Young moved to file the report. The motion vas seconded by Dr. Cornell and adopted. ZONING-STREETS AND ALLEYS: The City Clerk presented a communication from the City Planning Commission, transmitting a proposed plan for the future develop- ment' of the southeast side of the intersection of Drandon Avenue and Grandam Road, S. W,, and recommending that Council approve the plan and acquire the land necessar for street widening purposes. Mrs. Pickett moved to refer the matter to the City Manager for study, repor and an estimate of the cost thereof. The motion was seconded by Mr. Young and adopted. '314 REPORTS OF OFFICERS: RECREATION DEPARTMENT: The City Manager reported that he has studied the question of a possible location for a youth center In the Virginia Heights - Raleigh Court area, as directed by Council at its meeting of February 1. 1960, but has been unable to locate any suitable building in the area, other than the old post,office building on Crandin Road. which contains approximately 2400 square feet and may be rented for $300.00 to $350.00 per south, the City Manager submitting a report of the Director of Parks and Recreation. stating that youth centers, as SUCh, are not practical, but that the trend is toward the construc- tion of commonity centers to serve all age levels in the community, and that the old GrandJn Road post office building is not practicable for recreational purposes, being in the heart of a business district and lacking sufficient off-street parking area and outside land area. the Director urging that consideration be given to the construction of a community center type of building to serve the Raleigh Court - Grandin Court area at an early date. The Reverend H. Bernard Lipscomb, Jr., Jr., Chairman of the committee of citizens who presented the original request to Council, appeared before the body and stated that since he and his committee, alon9 with others, have conferred with the City Manager and the Department of Parks and Recreation. they now request that the city take steps to provide a community center for the Raleigh Court - Grandin Court area during the year 1960. the said center to be located no further from the Grandin Road shopping center than the Shrine Ilillarea. Appearing in support of the request were Messrs. J. Wilson Ingram, representing the Raleigh Court Lions Club, Jasper E. MrJght, President of the Heights Club, and Mrs. William R. Merritt, President of the Virginia Heights Parent-Teacher Association. After considerable discussion of the matter, Mr. Youn9 moved to refer the matter to the City Manager for consultat~n with the committee of citizens composed of Messrs. H. Bernard Lipscomb. Jr** Chairman. William R. Merritt, Roy T. Bolcomb. Charles A. Ball,u, John P. Fram*z, Robert W. Young. Jesse* E. Davis, J. Wilson Ingram, Jasper E. Wright. Mrs. H. Bernard Lipscomb, Jr** and Mrs. Darland F. Foster. and recommendation to Council of a site, the size of a building for a community center, and the estimated cost of providing such a facility. The motion wassseconded by Dr. Corn*Il and adopted. FIRE PROTECTION-FIRE DEPARTMENT: The City Manager submitted a report. advising that both be and the Fire Chief are greatly concerned over the large number of false fire alarms received by the Fire Department. such false alarms numbering 655 out of a total of 6.340 alarms received, during the years 1957-1959, inclusive, estimating that false alarms cost the city approximately $flO.O0 each, and presenting a recommendation of the Chief of the Fire Department that Section 5, Chapter 1, Title XIV, of The Code Of the City of Roanoke. 1956, be amended to increase the penalties for turning in false alarms to a minimum of $10.00, a maximum of $250.00, and provision of a jail sentence of thirty days, or both. 315 After considerable discussion of the matter. Mr. Young moved to concur in t recommendation of the City Manager smd offered the following Ordinance: (r1399S) AN ORDINANC£ to amend Section 5. False fire alarms, of Chapter !. Fire D~partment. of Title XIV. Fire Protection. of The Code of the City of Roan,he. 1956, DE IT OSDAINEO by the Council of the City of Roanoke that Section S. False Fire Alarms. of Chapter 1, Fire Department. of Title XIV. Fire Protection. of The Code of the City of Roanoke. 19S6; be. and said Section S is hereby, amended and reordained so as to read end provide as follows: Sec. 5, False fire alarms It shall be unlawful for any person, knowingly, to send into the fire department, either by means of the fire alarm telegraph or by telephone, any false alarm of fire. Any person violating the provisions of this section shall, upon conviction, he fined not less than ten dollars nor more than two hundred fifty dollars or shall be confined in jail for not more than thirty days. or be punished by both such fine and Jail sentence. Mr. Young moved the Ordinance on its first reading. The notion was sec,nde by Or. Cornell and adopted by the following vote: AYES: Council members Anderson. Corneil. Pickett. Mebher. Young. and the President. Mr. Mheeler ............... ' .......... NAYS: Mr, Dillard ..................... LANDMARKS: The City Manager presented a request from the Roanoke Chapter and the William Watts Chapter. United Daughters of ~e Confederacy. for approval of a memorial marker to General Robert E. Lee to be placed in the Robert E. Lee Plaza by the United Daughters Of the Confederacy. at their expense, and transmitted two sketches of the proposed marker for consideration of Council. Mrs. Pickett moved to refer the matter to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Young and adopted. AIRPORT: The City Manager presented a tabulation of bids received for paving and landscaping the extension of the northeast-southwest runway and taxiway at the Roanoke Municipal Airport. which bids sere received in alternate proposals; No. 1. for the complete work~ and No. 2. excluding a portion of taxiway paving. the Iow bids being submitted by Wiley N~ Jackson Company on No. 1. in the amount of $242.071.40. and No. 2; in the amount of $208.460.20. the City Manager recom- mending that Council accept the bid of Wiley N.'Jackson Company on Proposal No. 1. in the.amount of $242.071.40. subject to the approval of the Federal Aviation Agency. Mr. Young moved'todirect the City Attorney to prepare an Ordinance pro- viding for acceptance of the bid as recommended by the City Manager. The'motion was seconded by Mr. Dillard and adopted. REPORTS: :The.City Manager submitteda report of the Department of Public Welfare for the month of Jannary.'1960. and reported other departmental reports on file in his office. 316 #rs. Pickett moved to file the report, ~ The motion mas seconded by Mr. Anderson and adopted, CHURU?£S,: The C. lty Attorney reporte~d that he has looked into the question of the ne~e.ssity of repealing Ordinance Hoo 13066, adopted on the.6th day of May, 1957. authorizing the Trustees of the Funds of thc Protestant £pJscopal Church in the Diocese of Southwestern Virginia. IncorpQrated, to take and hold a 4,7 acre tract of ~land,~in view of an Ordinance before Council gr.antiug the Trustees of St, £1izabet~*s Church, Episcopal, to take and hold the same property, the City Attorney advising that iu his opinion the said Ordinance should not be repealed. Mr. Webber moved to file the report. The motion was seconded hy Mr, Young and adopted. REPORTS OF COMMITTEES: NO~. UNFINISIIEH BUSINESS: ZONING: Council at its meeting of February 15. 1960, haydn9 referred to the City Planning Commission for study and recommendation a request of Raleigh Court Corporation, et al., that Lots I to 3, inclusive, Block 20. Raleigh Court Rap located on the southeast corner of Grandam Avenue and Crandin Road, $. be rezoned from General Residence District to Special Residence District, the City Planning Commission submitted its feint, advising that. while on ~everal occasions it has recommended that the city acquire this corner lot for use as 3 part Of Shrine Hill Park, it believes that the proposed medical clinic would be an appropriate use for the property, and therefore, recommended that the request of th~ petitioners be 9ranted. Hr. Webber moved to set a public hearing in the matter for 2:00 o'clock. p, m.. May 2, 1960, in the Council Chamber. and to direct the attorney for the petitioners to prepare the proper notice thereof, have it approved by the City Attorney and submit it to the City Clerk for publication. The motion was seconded by Mrs. Pickett and adopted. SCBOOLS-P~KS AND PLAYGROUNDS: Council at its meeting of January 4. 1960, having referred to the Roanoke City School Board for study and recommendation, a request Of the Wildwood Civic League that consideration be given to the erection of a small elementary school in Thrasher Park which would permit small children to attend school in their home neighborhood and eliminate the necessity of transporting them to schools in other neighborhoods, and in addition, could be used for civic and recreational purposes in that a~ea, the School Board reported. that. in its opinion, the construction of such.an elementary school in Thrasher Park could not be justified and should not be built because of economic and operational difficulties. Mr. Webber then moved t o direct the City Manor t o st udy the quest ion of erecting a community center in Thrasher Park and submit his report, including an estimate of the cost thereof, along with his recommendation to Council. The motion was seconded by Dr. Cumuli and adopted. 317 CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CHURCHES: Ordinance No, 13991, authorizing the Trustees of St, Eiizabeth*s ~hurch, Episcopal, to take and hold the title to certain real estate located in the City of Roanoke, Virginia, having previously been before Council for its first reading, read and laid over, mas again before the body, NF, Young offering the follouing for its second reading and final adoption: (n13991) AN ORDINANCE authorizing the Trustees of St, Elizabeth*s Church, Episcopal, to toke and hold the title to certain real estate located in the City of Roanoke, Virginia, (PoP full text of Ordinance, see Ordinance Hook No, 24, Page 94,) Mr. Young moved the adoption of the Ordinance, The motion was seconded by DF. Cornell and adopted by the following vote: AyEs: Council members Anderson, Cornell. Dillard. Pickett, Webber, Young, and the President, Mr. Wheeler ................ NAYS: None ...........................O. SPECIAL PERMITS-STREETS AND ALLEYS: Council at its meeting of February 1960, havingdirected tb~ preparation of a Resolution granting to Mr. Fred S. Morrison a license to maintain a carport which extends from his property into Shirley Avenue, S. M., Dr. Cornell offered the following Resolution: (=13996) A RESOLUTION granting a permit to Fred S. Borrison to encroach into Shirley Avenue from real estate designated as Lot 14, Block O, Raleigh Court. upon the conditions herein contained. {For full text of Resolution, see Resolution Book No. 24, 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 Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, gr. Hheeler ................. NAYS: None ............................O. DEPARTMENT OF PUBLIC MORES: Council at its meeting of February 29, 1960, having directed the preparation of a Resolution rejecting all bids received by the Purchasing Agent on February 15, 1960, for eight motor trucks. Mr. Webber offered the following Resolution: (=13997) A RESOLUTION rejecting all bids for supplying eight trucks and directing the City Manager to readvertise. (For full text of Resolution, see Resolution Book No. 24, Page Hr. Webber moved the adoption of the Resolution. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Coinell, Dillard, Webber, Young, and the President, Mr. Wheeler ......................... NAYS: Mrs. Pickett .................... MOTIONS AND MISCELLANEOUS BUSINESS: -,!318 JGVENILE D£TE~IOR ROME: Or. Coruell stated that he has received information that~at least three children being detained ut the Juvenile Detention Bom* mere recently transferred to the City Jail for laughing too loud. that foil,m- ing their transfer to the Jail. they mere either chained or handcuffed to cell bars rot a period of several hours and denied sanitation facilities, food and mater. Dr. Coraell moving to refer the matter to the City Manager for investigation and report. The motion was seconded by Mr. Dillard and adopted. LEGISLATION-ANNEXATION: The City HanMar reported to Council that Senate Bill No. 195. pending before the General Assembly of Virginia. to amend the Code of Virginia/ provides that whenever proceedings to annex territory of a county having a population of more than 3.000. have been instituted and may be pending before any court, upon the filing of a petition signed by not less than 20 per cent of the qualified voters in the area proposed to be annexed, the court shall suspend further proceedings and direct proper election officials of the county to hold a referendum of the qualified voters of the area on the question, and. if the majority of the qualified voters at such election shall disapprove, then the annexatbn court shall, by order, dismiss the proceedings, the City Manager stating that he has been requested by the League of Virginia Municipalities to bring the matter before Council and request that the body oppose the adoption of the proposed After considerable discussion of the matter, Mr. Anderson moved to direct the City Clerk to advise Roanoke's delegation to the General Assembly that Council is Opposed to the adoption of Senate Bill No. 195 and to request that they expend every effort to defeat the Bill. The motion was seconded by Mr. Young and adopted, Messrs. Corn*Il and Dillard voting no. Mr. Dillard then moved to direct the City Clerk to advise the Roanoke representatives in the General Assembly that the Council of the City of Roanoke is opposed to any general sales tax in Virginia. The motion was seconded by Dr. Cornell and lost. Council members Anderson, Pickett. Webber, Young. and the Mayor voting no'. HEALTH DEP~TME~AIR POLL~ION CO~ROL: The City Clerk reported the qualification of Mrs. Margaret S. Whittaker, Mr. G. Frank Clement and Mr. Thomas Po Parsley as members of the Board of Housing and Bygiene for terms of two years each, ending January 31, 1962. and Mr. Winston S. Sharpley as a member of the Advisory and Appeal Board. Air Pollution Control, for a term of four years ending December 31. 1963. Mr. Anderson moved to file the report. The motion mas seconded by Dr. Cornell and adopted. There being no further business, Council,adjourned. APPROVED . '3 9 COUNCIL,. REGULAR MEETING, Monday, March 14, 1960. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, March 14, lgGO, at 2:00 o'clock, p.m** the regular meeting hour, with the President, Mro Mheeler, presiding. PRESENT: Council members Anderson, Cornell, Dillard, Pickett, Mebber. Young, and the President, Mr. Mheeler ........... ?. ADSENY: None ...........................O. OFFICERS PRESENT: Mr. Arthur 5. Owens, City Manager. Mr. Randolph G. Nhlttle, City Attorney, Mr. Barry R. Yates. City Auditor. and Mr. J. Robert Thomas, City Clerk. INVOCAYION: The meeting was opened with n prayer by Mr. Arthur S. Owens, City Manager. MINUYES: Copies of the minutes of the regular meetings held on February 29, 1960, and March T, 1960, 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. BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: LICENSES: The City Clerk presented a communication.from Mr, N. Courtney King. advising that in his opinion license taxes levied on persons engaged in professional services under Section 96, Chapter 6. Title 6, of The Code of the City of Roanoke. 1956, are inequitable, and requesting that said taxes be repealed. Appearing in support of the request Mere Dr. Rufus P. Ellett, Jr., represent lng the Roanoke Academy of Medicine. Dr. Myron E. Benderson, representing the Roanoke Dental Society, and Mr. Frank G. Payne, Jr.. representing the local chapter of the American Institute of Architects. Mr. Nebber moved to refer the matter to a committee composed of Messrs. Vincent S. Nheeler, Chairman, C. M. Cornell, Harry R. Yates. R. G. Mhittle. and Andrew W. 611bert for study and recommendation. The motion Mas seconded by Dr. Cornell and adopted. PARKS AND PLAYGROUNDS-STREETS AND ALLEYS: The City Clerk presented petition~ from residents of the 1000. 1100 and 1200 blocks of Sixteenth Street, S. E.. and of Grandviem Avenue, N. W., requesting that the sleigh riding areas ut those points be eliminated because of inconvenience caused the citizens. Mr, Anderson moved to refer the matter to the City Manager with a directive that he and the Director of Parks and Recreation survey the problem of sleigh riding areas and present their recommendations to Council prior to the next winter season. The motion was seconded by Dr, Cornell.and adopted, Wl LDMO00 CIVIC LEAGUE-PARKS AND PLAYGROUNDS; The City Clerk presented a communicatioo from the Wildwood Civic League, requesting that a baseball diamond in Thrasher Park be graded and put in shape prior to the opeiing of the baseball season this spring. $2O Hr. Young moved to refer the matter to the City Manager for study, racom= mendation, and an estimate or the cost. The motion was seconded by Dr. Cornell and adopted. FENSIONS~ The City Clerk presented u communicutlon from the Board of Trustees of the Employees* Retirement System. transmitting copies of the Twelfth Annual Report of the Xnvestment Portfolio of the System. as compiled by the Advisory Committee on Investment of Funds. Mrs. Pickett moved to file the report and extend the thanks of Council to the Committee, The motion mas seconded by Mr, Anderson and adopted,. SINKING FUN~ COM#ISSION: The City Clerk presented.u communication from the Sinking Fund Commission, reporting interest earned on various city funds during the ten year peFiod, 1950-1959, inclusive, Mr, Anderson moved to file the report and extend the thanks of Council to the Sinking Fund Commission. The motion nas seconded by Mr, Young and adopted, REPORYS OF OFFICERS~ PARKS AND PLAYGROUNdS-SCHOOLS: Yhe City ganageF reported that he has had several consultations with school authoFitles conceFning improvements requiFed in connection with the ShFine Hill School site, and recommended that Council appoint a committee to meet mith a committee of the School Board to discuss the question of grading, removal of drain wateF, water service, fire protection and other needs, and submit their report and recommendation thereon. Mr. Young moved to concur in the recommendation of the City Manager and to direct ~e Mayor to appoint the proposed committee. The motion was seconded by Dr. Cornell and adopted. The Mayor then named a committee composed of the following: Messrs. Walter L. Young. Chairman, Roy L. Webber, and Dr. Charles M. Cornell. EASEMENYS-SERERS AND STORM DRAINS: The City Manager reported that Mrs. Elva J. Carst has agreed to convey to the city a 20-foot mide right of way for a sewer line across her property lying in Roanoke County, over ~htch the city plans to construct a sewer line to the Stewart School site, at a cost of $252.60, and requested that Council authorize acquisition of the easement. Mr. Young moved to concur in the request of the City Manager and offered the following emergency Ordinance: (313998) AN ORDINANCE authorizing and directin9 the acquisition of a per- petual easement for a sewer line within a 20-foot mide right of way over certain property located in Roanoke County, Virginia, from Mrs. Elva J. Garst at a price of $252.60, cash; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 97.) 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, Dillard, Pickett, Webber, Young, and the President, Mr. Nheeler ............. 7. NAYS: Hone ........................O, Mr, Young then offered the following emergency Ordinance approprinting the (e13999) AN ORDIHANCE to amend and reordain Section si41. *Se~er and Drain Constrnctlon,m or the 1960 Appropriation Ordinance, and providing for in emergency. WHEREAS, for the usual daily operation of the Hunicipal 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 ~141. #Sewer and Drain Construction** of the 1960 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follous, in part: SERER AND DRAIN CONSTRUCTION ~141 Rights-of-Way ............................................. $ 752.60 DE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be effect from its passage. Mr. Young moved the adoption of the Ordinance. The motion was seconded by iMrs. Pickett and adopted by the following rote; AYES: Council members Ander'son. Cornell, Dillard. Pickett, Webber, Young, and the President, Mr. Wheeler ................ 7. HAYS: None ...........................O. BUDGET-STATE HIGHWAYS: The City Manager reported that he has checked into the question of fees charged for the appraisal of land needed for rights of way on Federal Urban Aid Project Ho.'0117-120-070. State Route Sll?. as referred to him by Council at its meeting of February 29. 1960, that these appraisals numbered forty- seven, and that, in viea of the requirements Of th*e State Highway Department coverin such appraisals, it is his opinion that the charges totaling $5,425.00. are fair, th~ City Manager therefore requesting that Council appropriate the necessary funds for payment thereof. Mr. Webber moved to concur in the report and offered the following emergency Ordinance: (~14000) AN ORDINANCE to amend and'reordain Section =140. *Street Construc- tion," of the 1960 Appropriation Ordinance, and providing for an emergency. *WHEREAS, for the usual daily operation of the Municipal 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 Construction," of the 1960 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET CONSTRUCTION ~140 Rights-of-lay ........................................... $ 30~425.00 DE IT FURTHER ORDAINED that. an emergency existin9, this Ordinance ~hall be in effect from its passage. Mr. Webber moved the adoption of the Ordinance.' The motion nas seconded by Mr. Young and'adopted by the follo~i'ng vote: AYES: Council members Anderson. Cornell. Dillard, Pickett. Webber. Young, and the President. Mr. Wheeler ........... ~--=?. HAYS: Hone .......................... O. 322 HOLLINS ROAD CIVIC LEAGUE-PARKS AND PLAYGROUNDS: The City Manager reported that he has studied the question of acquiring the R. C. Eversole property lying in the Hollins Road area along Tinker Creek, between Bluestone Avenue and Sa~ Road, for purposes, us requested by the Bollins Road Civic League and referred to him by C~uncil at its meeting of February 29, 1960, that the city now uses the property of the Johnson-Carper Furniture Company knomn as Jordan Park which offers limited serv- ice to the people in the Bollins Road area, but bus made no capital expenditures on this property since it has no lease on. nor does it own. the property, the City Hanager therefore recommending one of the folloming: 1, That the proposal for park laud needed be referred to the Council Park Committee for their consideration along with other park areas In the city, 2. In the event the purchase of the property was needed at a later date, then Council also consider public improvements of U park nature at a subsequent date. 3. In lieu of eR, Council might consider in the 1961 budget, funds not to exceed $2000 to provide for a picnic shelter and a toilet building and secure from the Johnson-Carper Furniture Company an agreement not to recapture the land during a subsequent five year period. City Manager further verbally advising Council that there is a larger piece of ithe . Iproperty lying to the north of the Kversole property which lies much better for park )urposes and which he feels might better serve the area as park land. Dr. Cornell moved to refer the matter to a committee composed of Hr. Roy L. lebber, Chairman, Mrs. Mary C. Pickett and Mr. Willis R. Anderson for study and 'recommendation. The notion was seconded by Hr. Anderson and adopted. TRAFFIC-STREEtS AND ALLEYS: The City Manager reported that he has investi- igated the tree located in the street at the intersection of Greenland Avenue and %valon Avenue, N. W.~' and the complaint of citizens concerning the hazards to child- ren in connection therewith, that the city has taken every precaution to eliminate Ithe hazards complained of, that he is unable to offer any solution to the problem in !'addltion to the steps already taken other than the continual patrolling by ~he Police )apartment, which he advised will be don~ and that the tree is dying and in the next ,year OF two will have to be removed. Mrs. Pickett moved to file the report. The motion was seconded by Mr. Young ~nd adopted. BUDGET-CITY JAIL: The City Manager reported that the City Sergeant has requested certain repairs to the City Jail, estimated to cost $3,B02.00. that ~ufficient funds are not available in the 1960 budget for this purpose, and requested that Council approprlate'$3.SO0.O0- for this purpose. Dr. Cornell moved to concur in the request and offered the following emergenc Drdina~ce: (#14001) AN ORDINANCE to amend and reorduin,Section uaO. "Jail~ of the 1960 appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page qg.) Dr. Cornell 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, Rebb~r, Young, and the President, Mr. Mheeler ............... ?. ..323 NAYS= None ......................O, It being pointed out that the need for repairs at this time Is a result of attempted Jailbreak by a federal prisoner, Dr. Cornell moved to direct the City Hanager to attempt recovery from the Federal Government for damage caused in the jail by the federal prisoner. The motion nas seconded by Hr. Anderson and adopted. STREETS AND ALLEYS~ The City Attorney reported that he has studied the request of #F. barry L. Rosenbaum that the city quitclaim to the omner of a tract of land designated ns Official Tax No. 1150102, situate on the aorthuesterly side of Franklin Road. S. ~., all right, title and interest in and to a small sliver of land lying along the northmesterly side of Franklin Road, which was formerly a part of said Franklin Read but has not been used for street purposes since 1934, advising that in his opinion no good reason is perceived for refusing to grant the requested quitclaim. Mr. Young then offered the following Ordinance~ (~14002) AN ORDINANCE authorizing the release by quitclaim deed of all of the City*s right, title and interest in a certain former portion of old Franklin Road, $. No, lying between the old north line of Franklin Road and the newly- established (1934) north line of same, abutting Lot No. 1150102 as shown on the City Tax Appraisal Map. NbEREAS, Mr. Daffy N. Lichtenstein. Attorney. representing Mr. Rosenbaum. has petitioned the Council of the City of Roanoke to execute a quitclaim deed for all that former portion of old Franklin Road. S. ~., hereinafter described, lying between the old north line of Franklin Road and the newly-established (lq34) north line Of same, abutting certain property described as Lot No. 1150102 on the Clty*s Tax Appraisal Map. it appearing that upon such former relocation of said Fond said former portion mas abandoned but not formally closed; and NbEREAS, it is deemed not to be prejudicial to the interest of the City of Roanoke that said quitclaim deed be executed, for the reason said parcel is no lunge used for street purposes and has been abandoned for such purposes. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper city officials be, and they are hereby, authorized and empowered to execute a quitclaim deed releasing to Hrs. Stella G. bryant, or to her successor in title, iall of the City's right, title and interest in and to that certain former portion of old Franklin Road, S. W.. lying between the old north line of Franklin Road and the newly-established (1934) north line of same, along the easterly line of Lot No. 1150102 as shown on the City's Tax Appraisal Map; such quitclaim deed to be upon sucl form as is prepared by said petltioner*s attorney, approved as to form by the City Attorney.. Mr. Young moved the Ordinance on its first reading. The motion was seconded by Hrs. Pickett and~opted by the following rote: AYES: Council members Anderson, Cornell. Dillard. Pickett, ~ebber. Young. and the President, Mr. Nheeler ............... 7. NAYS: None ..........................O. :-324 REPORTS OF COMMITTEES: DEPARTHBNT OF PUBLIC WOBKS~ Council at Its meeting of Februsry 2g, 1960, having referred to n committee composed of Messrs. Welter L. Young, Chuirmsno Beatot O. Dillard and Roy L. Webber for study and recommendation bids rec~/ved for · motor grader, the committee submitted its report, advising that after studying all the factors inrolved it has concluded that the lg4B caterpillar motor grader which the city management had intended to trade In, but mom proposes to retain, will serve the city until such time as the annexation proceedings now pending have been disposed of. at which time the City Manager will be in position to advise Council of the City requirements for the then expanded territory of the city. the committee recommendin, that ell bids received for the motor grader be rejected. Mr. Young moved to concur in the report Of the committee and offered the following Resolution: (=14003) A RESOLB~IQN rejecting all bids for supplying a lq60 model motor grader. (For full text of Resolution. see Resolution Book No. 24, page 100.) Mr. Young moved the adoption of the Resolotion. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Webber, Young. and the President, Mr. Wheeler ...................... NAYS: Mrs. Pickett .................1. SIDEWAL£, CURB AND 6UTYER: Council at its meeting of February 15, 1960, haY.lng referred to a committee composed of Messrs. Vincent S. Wheeler. Chairman, Benton O. Dillard, and Walter L. Young for study and recommendation bids received for construction of concrete curb, gutter and sidewalk at various locations within the city, the committee submitted its report, advising that it has carefully studied the matter, and after examining work previously constructed by the two low bidders, has concluded that Jt would be in the best interest Of the city and its citizens to accept the bid of Hartman Construction Company and A. Do Alford, in the amount of $102,710.00, which bid is $160.00 higher than that offered by the low bidder, Gimbert and Cimbert, Incorporated. Mr. Webber stated that since the city requires the contractors for such work to meet rigid city specifications, and maintains inspectors in the Department of Public ~orks for the purpose of assuring compliance with such specifications, he can see no reason to reject the low bid, and moved to file the report of the committee and accept the low bid as submitted by Dimbert and Dimbert. Incorporated. The motion was seconded by Mrs. Pickett. Mr. Bo Irvine Gimbert.appeared before Council and stated that the work performed by bis firm which the city council committee inspected was done in a subdivision and that the faulty portion thereof was due to construction work in prngress on homes in said subdivision where heavy trucks and equipment damaged 325 the curb and gutter, end also due to faulty engineering worh, Iud thet the unsatisfactory portion could be replaced prior to the city's acceptance thereof, In reply to n question, the City Manager advised Council that the Public Moths Oepartment only nahes inspections ou worh performed la subdivisions under the subdivision law at the time the completed wnrh Js offered to the city for acceptance; however, this was denied by NFo Gimbert mbo stated that city public worhs inspectors are un the Job at least once daily and oftener, if called, The City Manager then advised Council that the worh in question would not be accepted by the city unless it met city specifications upon final inspectio The conmittee then pointed out that. its recommendations were based partly upon the fact thet property owners were required to pay fifty per cent or the cost of constructing curb and 9utter in front of their properties, and that it does not believe that said property owners would be satisfied with the type of worh which it had inspected. The motion as offered by Hr. ~ebber was lost by the following vote: AYES: Council members Pichett and Webber ........................2, NAYS: Conncil members Anderson. Cumuli. Dillard, Young, and the President, Mr. Wheeler ................................................... 5. Mr. Dillard then offered the following emergency Ordinance accepting the proposal Of Hartman Construction Company and A. D. Alford: (=14004) AN ORDINANCE accepting the proposal of Hartman Construction Company and A. D. Alford for the construction of concrete sidewalk and concrete curb and gutter; authorizing the proper City Officials to execute the requisite contract; rejecting allother bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. Page IO1.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Corncll and adopted by the following vote: AYES: Council members Anderson, Cumuli, Dillard, Pickett, Webber, Young. and the President, Mr. Wheeler ..................................... 7. NAYS: None .......................................................O. MASYER PLAN-AUDITORIUM: Council at its meeting of January !1, 1960, having referred to a committee composed of Messrs, Vincent S. Wheeler, Chairman, Willis M. Anderson and Walter L. Young for study md recommendation a report of tho City Manager and preliminary plans for the proposed municipal auditorium, the committee submitted an interim report, advising that it has consulted with Mr, Harry C. Wyatt, Vice President of the Norfolk and Western Railway Company, who has assured it of the railway company's willingness to work with the city toward bringing the municipal auditorium to fruition, that whatever arrangments arc made for parking that are satisfactory to the city will be agreeable to the company, and that the Norfolk and Western Railway Company will sell steam to the city for. heating of the auditorium at the same rate as it is now sold to Hotel Roanoke and was previously sold to the American Legion Auditorium, the committee '326 stating that it thereafter'directed the City #enager to make a study of the possible savings if stoma is used for keatlng under such an arrangement, and submitting mith its Interim report u report of Yhe Alt Conditioning, Engineering and Maintenance Company, of Roanoke, uhlch Indicates that the cost of a heat pump installation for an auditorium to serve 3.000 people mould be approximately $115,000.00, mhereas, to utilize the offer of the Norfolk and Yestern Railway Company in using steam for heat and using self-contained air-conditioning units would cost $85.000,00, indicating an initial savings of $30,000°00 in construc- tion, and that if the steam heat and self-contained air-conditioning units are used the personnel required for operation of heat and air-conditioning equipment would be reduced from six to three, thus effecting an annual savings of $1S.000.00o the committee requesting an appropriation of $~Sb. O0 to pay for the cost of the stu~ ~e Yhe Air Conditioning. Engineering and Maintenance Company and advising Council that it will from time to time make additional reports and information available. Mr. Anderson moved to file the report of the committee and offered the following emergency Ordinance: (=14005} AN ORDINANCE to amend and reordain Section ~142. UYransfer to Improvement Fund,' of the 1960 Appropriation Ordinance, and providfflg for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, Page 102o) #r. 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, Nebbero Young, and the President, Mr. gheeler NAYS: None ............................O. Dr. Cornell then stated that since the Norfolk and Nestern Railway Company has offered to donate land for the auditorium and to sell steam for the heating thereof, he thinks the railway company might be interested in actually construc- ting and operating the proposed municipal auditorium, and moved to ask the company if it is interested in constructing and operating the auditorium which the city and others could rent as needed. The motion was seconded by Mr. Dillard and lost, Messrs. Anderson, Nebber, Young, and the Mayor voting no. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 13994. rezoning from General Residence District to Light Industrial District that lO-acre tract of land lying on the east side of Holltns Road, N. Eo, being a southerly portion of Official Tax No. 3300101, and immediately north of the tract of land designated as Offinial Tax No. 3300104, said land being the property of Diamond Plastics Industries, Incorporated, having previously been before Council for its first reading, read and laid over, 327 was again before the body, Mr. Webber offering the following for Its second rending and final adoption: (~13994) AN ORDINANCE to amend end reenact Title XV, Chapter 4, Section I. of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Dook No. 24, Page 95,) Wr. Webber 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 the President, #r. Nheeler ................. ?. NAYS: None ............................Oo FIRE DEPARTWENT: Ordinance Noo 13995, providing for the increase of fines or penalties for false fire alarms, having previously been before Council for its first reading, read md laid over. was again before the body. Rrs. Pickett offering the following for its second reading and final adoption: (~laggS) AN ORDINANC£ to amend Section S. False fire alarms, of Chapter 1o Fire Department, of Title Xl¥, Fire Protection, of The Code of the City of Roanoke, 19§6. (For full text of Ordinance. see Ordinance Book No. 24, Page 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. Pickett, Webber, Young, and the President, Mr. Wheeler ......................... NAYS: Hr, Dillard .....................1. AIRPORT: Council at its meeting of Watch ?, 1960, having directed the preparation of an Ordinance accepting the bid of Wiley N. Jackson Company, in the amount of $242,071.40, for paving and landscaping the extensim of the northeast- southwest runway and taxiway at the Roanoke Municipal Airport, Mr. Young offered the following emergency Ordinance: (~14006) AN ORDINANCE accepting the proposal of Wiley N. Jackson Company for the paving and landscaptn9 of extension of northeast-southwest (5-23) runway and taxiway at Roanoke Municipal (Woodrum) Airport, subject to the approval of the Federal Aviation Agency; authorizing the City Manager to execute the requisite contract; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, Page 102.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the ~llowing vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Webber. Young. and the President, Mr. Wheeler ................. NAYS: None ............................O. Mr. Young then offered the following emergency Ordinance appropriating the necessary funds: (=14007) AN ORDINANCE to amend and reordain Section ~142, 'Transfer to Improvement Fund,~ of the 1960 Appropriation Ordinance, and providing for an emergency. 328 (For full text of Ordinance, see Ordinance Book No, 24, Page 103~) Mr, Young moved the adoption of the Ordinance, The motion mas seconded by Mr, Anderson and adopted by the following rote: AYES: Council members Anderson. Coreell, Olllard, Pickett, #ebbeF. Young. and the Presidento Mr. Bheeler ................. 7, NAYS: None ............................O. MOTIONS AND MISCELLANEOUS BUSINESS: CITY MARKET: Dr. Cornell called the attention of Council to an article which appeared in The Roanoke Times on Sunday. March 13, lq60, under the by-line of Cecil Edmonds, In which It was stated that the city market ares is Roanoke*s skid row. frequented nightly by drunks, prostitutes, etco, and moved to direct the City Manager to investigate the situation immediately, and if he finds that such conditions exist, to take immediate necessary action. The motion was seconded by Mr. Dillard and adopted. There being no further business, Council adjourned. A P P R 0 V E D ~t~AI/~T~~ ~~President 329 COUNCIL, REGULAR MEETING, Roaday, March 21. 1960, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, March 21, 1960, at 2~00 o'clock, p.m.. the regular meeting hour, with the President, Mr. Mheeler. presiding. pRESEI~rF: Council members Anderson, Coraell, Dillard, YebbeF, Young, and the President, Hr. Mheeler ......................... ABSENT: Mrs. Pickett ..................1. OFFICERS FRESEKf: Mr, Arthur S. Owens, City Manager, Mr. Randolph G. Whittle, City Attorney. Mr. Harry R. Yarns, City Auditor, and Mr, J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with n prayer by the Reverend Floyd L. DJehm, Pastor, Belmont Christian Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 **clock, p.m., Monday. March 21, 1960, On the request of The First National Exchange Bank, et al.. that a 125-foot strip of land lying on the westerly side of Broadway. S. M., south of IColonial Avenue. be rezoned from Business District to Light Industrial District. and~ ]notice of the hearing having been published in The Roanoke World-News on March 4 11960 and the City Planning Commission having previously recommended that the request: t~ granted, the hearing was held, at which no one appeared in opposition. Commission and Offered the following Ordtnauce: (=14008) 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. WHEREAS, application has been made to the Council Of the City Of Roanoke to have the following described strip of land situate in the City of Roanoke, Virginia, All of that northwesterly portion of a 0.507 acre lot fronting 85.77 feet on the westerly side of Broadway, S, W., approximately 150.25 feet from the south line of Colonial Ave** S. W., and designated as "Fralin" lot on plat of survey of property of G. 6. Fralin prepared by C. B. Malcolm ~ Son, dated November 25, 1959, and revised December 30, 1959, which map was approved by the City Planning Commission on December 30, 1959. rezoned from Business District to Light Industrial District; and WHEREAS, the major portion of the aforesaid 0.507 acre lot is already zoned as Light Industrial District, and it is the intent of this Ordinance that the entire lot be zoned ns Light Industrial District; and WHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from Business District to Light Industrial District as requested; MREREAS, 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 aid section; and 330 WHEREAS, the hearing es provided for in said notice published in the said newspaper was held on the 21st day of March, lg60, nt 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 all parties ia Interest and citizens in the affected area were given an opportunity to be heard both for and against the proposed fez,ming; and ¥~EREAS, 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 ORDAXNEO 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.: All of that northwesterly portion of a 0.507 acre lot fronting 85.?? feet on the westerly side of Broadway. S. approximately 150.25 feet from the south line of Colonial Ave., S. M., and designated as "Fralln" lot on plat of surrey of property of G. G. Fralin prepared by C. B. Malcolm & Son. dated Norember 25, lg59. and revised December 30, 1959, which map was approved by the ~ity Planning Commission on December 30, 1959, heretofore designated on Sheet 120 Of the Zoning Map as the northerly part of Lot No. 1260303. be. and is hereby, changed from Business District to Light Industrial District in order that the entire aforesaid O.50T acre lot be designated as Light Industrial District,and the Zoning Map shall be changed in this respect. Mr. Webber moved the Ordinance on its first readtn9. The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard, Webber, Young, and the President, Mr, Wheeler ....................... NAYS: None ..........................O. (MFS. Pickett absent) SIDEWALK, CURB AND GUTTER: Mr. G. M. Reed, Jr., Attorney for Gimbert and Cimbert. Incorporated, appeared before Council and requested that the body racom= sider its action of March 14, 1960, and repeal Ordinance No. 14004, accepting the proposal of Hartman Construction Company and A. D. Ali,rd for construction of concrete sidewalk, curb and gutter and authorizing the proper city officials to execute the requisite contract therefor, and in lieu thereof, accept the bid of Glmbert and Ginbert, Incorporated, which Js the low bid. Mr. Webber, stating that the full membership of Council is not present, moved to table the matter until the next regular meeting of the body. The motion was seconded by Mr. Young and adopted. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a communication from Mr. Curtis E. Fuller requesting that his property, being Lots 4 nnd 5. Block 20. Raleigh Court. located at the intersection of Brandon Avenue and Grandin Road, S. W., be Fez,ned from General Residence District to Special Residence District. Mr. Young moved to refer the request to the City Plannin9 Commission for study and recommendation. The motion was seconded by Mr. Anderson and adopte~. SEWERS AND STORM DRAINS: The City Clerk 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 ~331 domestic and commercial wastes, be amended by sdding thereto the #Deep in the Dell# Subdivision containing four acres nnd lying northwest of the westerly corporate limits of the said Town in Roanoke County. Hr. Anderson moved to refer the request to a committee composed of Ressrs, Roy L. Rebber, Chairman. !alter L* Young, Arthur S. Omens and Randolph G. Rhittle for study and recommendation., The motion was seconded by #r, Young and adopted. REPORTS OF OFFICERS: APPOINTMENTS AND RESIGNATIONS-FIRE DEPARTMENT: The City Manager reported the resignation of Rt. Earl M. Eane as a member of the Fire Oepartment effective April 1, 1960. Yhe report was ordered filed. BCDGEY-ANNEXATION: The City Manager requested an appropriation of $1,74b.31 to provide for payment of a bill from Wiley and Rilson, Consulting Engineers, for services rendered in connection with.the annexation proceedings, Mr. Young moved to concur in the request of the City Manager and offered th following emergency Ordinance: (=14009) AN ORDINANCE to amend and reordain Section =155, "Annexation," of the 1960 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 24, page Mr. Young moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Anderson 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) BUILDING DEPARTMENT-FIRE DEPARTMENT: The City Manager reported that the Buildin9 Commissioner and the Chief of the Fire Department have requested that Subsection 1706.2 of the Official Building Code of the City of Roanoke be amended tG provide for additional numbers of exit ways in certain buildings, and that Section 3, Chapter 1, Title 14, of The Code of the City of Roanoke, 1956, covering inspectioi of buildings by the Fire Department, also he amended to provide for additional inspection authority for the Fire Chief. Dr. Cornell moved to table the matter until the next regular meeting of Council, in order to give the Council Members andthe interested public an opportuni to study the provisions, and to direct the City ianager to have the Fire Chief and the Building Commissioner present at that meeting. Yhe motion was seconded by ir. Dillard and adopted. REPORYS OF COMMITTEES: PARKS AND PLAYGROUNDS-SCHOOLS: Council at its meeting of March 14, 1960. having appointed a committee composed of Messrs. Walter L. Young, Chairman, Roy L. Webber and Charles i. Cornell to confer with a committee of the Roanoke City School Hoard concerning the necessary grading, removal Of drainage water, provisions for iwater and fire service and other works which will be needed in connection with the Shrine Hill School site, the committee submitted an interim report, advising Council that it cannot report on its complete assignment at this time. but recommended that :332 (1) a neb O-inch mater line be constructed from Guilford Avenue ut L,faun Road to the site Of the neb elementary school in Shrine Bill, and that the necessary ease- Bents be acquired across tho property of L, tale F. Sleuert, described us Lot 10, 0loch ?, Grnedin Court, and other properties, at an estimated cost of $2,S00.00 to be paid from funds already appropriated in the Water Department budget; and (2) that n paved road be constructed approximately 300 feet long and 36 feet Bide, soutt of Grandin Road and opposite Avenel Avenue, S. R., at un estimated cost of $3,600.0C to be paid from Street Construction funds contained in the current budget. Hr. Rubber moved to concur in the interim report of the committee and to direct the City Rsnsger to proceed to have this Bark accomplished in ample time to assure opening the school in September of this year. The motion was seconded by Hr. Anderson and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 14002, authorizin9 the release by quit- claim deed of all of the city's right, title and interest in a certain former portio Of old Franklin Road, S. W., lying between the old north line of Franklin Road and the newly-established (1934) north line of same, abutting Lot No. 1150102 as sho~n on the cityts Tax Appraisal Map, having previously been before Council for Its first reading, read and laid over, mas again before the body, Dr. Cumuli offering the following for its second reading and final adoption: (=14002) AN ORDINANCE authorizing the release by quitclaim deed of all of the Cityts right, title and interest in a certain former portion of old Franklin Road, S. N., lying between the old north line of Franklin Road and the nemly- established (1934) north line of same, abutting Lot No. 1150102 as shown on the City*s Tax Appraisal Map. (For full text of Ordinance, see Ordinance Book No. 24, page 104.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the follomiog vote: AYES: Council members Anderson, Cornell, Dillard, Nebber, Young, and the President, Mr. Nheeler ....................... NAYS: None ..........................O. (Mrs. Pickett absent) MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED President 333 COUNCIL, REGULAR MEEZING, Monday. March 28, 1960. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, March 20, 1960, at 2:00 ,*clock, p.m., the regular meeting hour, with the President. Mr. Wheeler, presiding. PRESENT: Council members Anderson. Coraell, Dillard. Pickett, Webber, Young. and the President. Mr. Rheeler ........... ABSENT: None ...........................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph Nhittle. City Attorney, Mr. Barry R. Yates, City Auditor, and Hr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by Dr. Jesse E. Davis, Pastor, Virginia Beights Baptist Church. MINUTES: Copies of the minutes of the regular meetinRs held on March 14. 1960, and March 21. 1960, having previously 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 .*clock. p.m.. Monday, March 28, 1960. on the request of Norma Ann Plunkett, et al.. that their properties[ located on the north side of McClanahan Street, S. M., between Crystal Spring Avenu~ and Rosalind Avenue. described as Lots 6, ? and 8, Block 41. and the westerly portion Of Lots I through 6, inclusive, Block SO, Crystal Spring Land Company. be fez,ned from Special Residence District to Business District. and notice Of the hearing having been published in The Roanoke World-News on March 11, 1960, 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. Richard T. Edwards, Attorney for the petitioners, appeared and requestec that Council grant the desired fez,ming as recommended by the City Planning Commission. Mrs. Pickett moved to concur in the recommendation of the City Planning Commission and offered the following Ordinance; (~14010) 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. WBEREAS. application has been made to the Council of the City of Roanoke to have the property located on the north side Of McClanahan Street, S. M. (fronting 162 feet thereon) and the east side of Rosalind Avenue. described as Lots 6, ? and inclusive, Block 41. and the westerly portion of Lots 1, 2, 3, 4, 5 and 6 tnclustvl Block 50, according to the Map Of Crystal Spring Land Company, fez,ned from Special Residence District to Business District; and NBEREAS, the City Planning Commission has recommended that the above parcel of land be fez,ned from Special Residence District to Business District as requester and 334 WHEREAS° notice required by Title l¥, Chapter 4, Section 43, of The Code of the City of R,an,he, 1956. relating to Z,·lng, has bee· published in 'The Roanoke World-News** · newspaper published in the City of Roanoke, for the tiwe required by said section; and WBEREASt the bearing as provided for in said notice published in the said newspaper was held on the 28th day of March, 1960, at 2:00 ,°cinch, p.m** before tht Council of the City of Roanoke in the Council Chswber in the Municipal Building. at which hearing property owners and other interested parties i· the affected area were given an opportunity to be heard both for and against the proposed r,zoning; and · NEREAS. this Council, after considering the evidence pr,seated, fs of the opinion that the ab,re parcel of land should be r,zoned 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 Roannke. 19S6. relating to Zoning. be amended and reenacted in the following particular and no other, viz.: Property located on the north side of McClanahan Street, S. W. (fronting 162 feet thereon) and the east side of Rosalind Avenue, described as Lots 6, 7 and 8 inclusive, Block 41, and the westerly portion of Lots 1, 2, 3, 4, S and 6 inclusive, IBlock 50, according to the Map of Crystal Spring Land Company, designated on Sheet 104 of the z,nan9 Map as Official Tax Nos. 104OgOl, 1040902 and 1040903, be, and is hereby, changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. Mrs. Pickett moved the Ordinance on its first reading. 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. PETITIONS AND COMMUNICATIONS: SEWERS AND STORM DRAINS: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, requesting that the contract of September 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 25-acre tract of land lying west of Airport Road and north of Hershberger Road in Roanoke County. Mr. Young moved to refer the request to a committee composed of Messrs. Roy L. Webber, Chairman, Walter L. Young, Arthur S. Owens, and Randolph D. Whittle for study and recommendation. The motion was seconded by Mr. Anderson and adopted. ZONING: The City Clerk presented · communication from Mrs. Susie G. Norton, requesting that her property containing approximately 1.4 acres, lying on the north- east corner of Twenty-fourth Street and Salem Turnpike, N. W., designated as Official Tax No. 2322213, be fez,ned 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 Mr. Y,un9 and adopted. 335 ZONIRG: The City Clerk presented a communication from Mr, Harold E. Rome. et ux., requesting that their property lying on the northeast corner of #aleut Avenue end Piedmont Street, S. E.. being portions of Lots 1, 2 and 3. Section 23. Roanoke Gas end Rater Company, be rezoned from Special Residence District to Business District. Hr. Young moved to refer the request to the City Planning Commission for study nnd recommendation. The motion mas seconded by Hr. Anderson and adopted. CITY MARKET: The City Clerk presented a communication from Mr, Roy S. Harvey. Vinton, Virginia, complaining of mhat he considers excessive restrictions and inspections on the City Market, Mr. Rabbet moved to file the communication. The motion mas seconded by Mr. Young and adopted. REPORTS OF OFFICERS: BUDGET-DEPARTMENY OF PUBLIC RORKS: The City Manager reported that, due to the considerable damage to streets in the city, the regular city street repair forces are unable to cope mith the volume of mork required mithin a reasonable period of time. and requested that ~4,3S0.00 be transferred from Materials and Supplies to .Contractors in the Street Repair account of the 1960 Budget, to enable him to employ contractors to patch certain streets in the downtown area in order to facilitate the street repair program. Mr. Young moved to concur in the request and offeredthe folloming emergency Ordinance: (wi4011) AN ORDINANCE to amend and reordain Section ggl, "Street Repair," of the 1960 Appropriation Ordinance, and providing for an emergency. IFor full text of Ordinance, see Ordinance Hook No. 24, page 106.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pickett and adopted by the folio#lng vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Rabbet, Young, and the President, Mr. Nheeler ............... NAYS: None ..........................O, STREETS AND ALLEYS: Council at its meeting of February 29, 1960, having referred to the City Manager a petition from property owners in the 500 blocks of Rutherford Avenue and Madison Avenue, N. R., requesting that the alley extending through these blocks be paved, the City Manager reported that he has investigated and that the city has not heretofore paved alleys except in instances where the owners of the property abutting thereon have agreed to pay fifty per cent Of the cost of such paving, consequently he is unable to recommend the paving of this particular alley until the property owners have indicated their willingness to bear fifty per cent of the cost, the City Manager advtsJng that should said property omners agree to such an arrangement he cannot say at this time mhen the work could be accomplished. Mr. Anderson moved to receive and file the report of the City Manager and notify the petitioners in the premises. The mot im was seconded by Hr. Webber and adopted. 336 DEPARTMENT OF PUBLIC MORKS~ The City Manager submitted & tubulqtlon of bids received for eight motor trucks end recommended ecceptence of the low bids submitted by Antrim Motors, Incorporated, for five I l/2-too tr~cks, in the emouut of $10,0g$.00; Blckersou GMC. Incorporated, for two 2 l/2-too trucks, in the amount of $11,064o00; and ShuckelfordoCox Truck and Machinery Company, rot one 3 to 4-ton truck, in the amonot of $60381o00, Mr, Vebber moved to direct the City Attorney to prepare an Ordinance accepting the lom bids as recommended by the City Manager. The motion ma~ seconded by Mr. Young and adopted. flfllDGESopUflCBASE OF PROPERTY-STREETS A~ ALLEYS: Council at its meeting of February 8. 1960. having referred to the City Manager for study and recommendation a recommendation of the City Planning Commission that the city request the Virginia Department of Highways to give serious consideration to,replacing the bridge over Cnrvins Creek at the north corporate limits of the city, on Virginia Stake Route 115 on a fifty-fifty cost basis, the Cit~ Manager reported that after studying the matter it is his recommendation that Council hold in abeyance any action thereon at the present time, it being his opinion that it should be considered at a later date. Mr. Webber moved to concur in the report of the City Manager. The motion was seconded by Mrs. Pickett and adopted. Council at its meeting of February 15, 1960, having referred to the City Manager for study and recommendation a recommendation of the City Planning Commissio~ that immediate steps be taken to acquire the necessary property located On Hollins Road, N. E., from the end of the present construction to the north corporate limits of the city at CurTius Creek, in connection with the proposed improvements to NhJteslde Street. (Patrick Henry Bonlerard) as shown on Plan ~o. 4289-A-2. prepared by the City Engineer under date of January T, 1960, the City Manager reported that *arcels of land needed for imptoYeme~ts to the roadway are owned by the Diamond Plastics Industries, Incorporated. Mr. A. W. Coon, and the City of Roanoke (Monterey School site), that the Roanoke City School Board has agreed to the use of necessary land from the Monterey School site and has requested that when the road is widened the city construct concrete stdemalk, curb and gutter alqug that property, that Diamond Plastics Industries has offered to convey to the city Parcels 5 and 6, in exchange for the construction of concrete curb and gutter along the street in front of its property after the street is widened, and that Mr. Coon has offered to convey Parcels 3, 4, 7 and 8 for the sum of $1,736.25, with the proviso that when the road- way is widened the city sill construct concrete curb and gutter along the front of bis property at the entire cost of the city; grade the road so as not to leave any embankment projecting above the grade of the new street between his homeplace and th ~ne of the new right of way; provide a usable connection between the private drive into his property and the new street with three inches of gravel; and relocate the water line from the mull on one side Of the street to his home On the other side of the street to conform to the new grades of the roadway, the City Manager recommend- ing that Council authorize acceptance of the offers for the various properties, and construction of the curb. gutter and sidewalk, advising that the curb. gutter and sidewalk will be constructed under the city's pending contract therefor, and 337 that the cost of $1,736.25 for right of way cad the sidewalk, curb and gutter construction could be borne tram funds contained in the 1960 budget, the City Manager pointing out that he mill then be in position to grade the street and put a base course of grovel thereon from funds available in the 1960 budget. Mr. Webber moved to concur in the report and recommendation of the City Manager, with the exception that no sidewalk be constructed at this time along the front of the Hanterey School site, and to direct the City Attorney to prepare Ordinances accepting the offers of Diamond Plastics Industries, Incorporated. and Mr. A. W. Coon. The motion was seconded by MFS. Pickett and adopted. JUVENILE DETENTION HOME: Council at its meeting of March 7. 1960. having referred to the City Manager a complaint by Dr. Coraell that et least three childr~ being detained in the Juvenile Detention Dome were transferred to the City Jail and mistreated, the City Manager reported that on February 23. lq60, one juvenile, age 16. and two juveniles, age 15, mere committed to the Jail from the Detention Home 7;50 p.m., by Mr. James C. Driokley. Community Center Leader at the Dome, which action mas subsequently approved by the Juvenile Court. that all of the employees Of the Juvenile Detention Home who were on duty that day were interviewed and state~ that the three Juveniles were unruly, Mere swearing and hitting each other, and were generally disobedient, that the Detention Home. on that date. was filled to capacity with twenty-seven children, among whom disorder was being caused by the juveniles concerned, that every attempt was made by the staff to reason with them and isolate them to no avail; consequently, they were removed to the Jail by Police Officers N. R. Yaden and J. P. Jones who stated that the juveniles were transported and delivered to Deputy City Sergeant Lewis E. Spangler at the Jail without force. the City Manager advising that since the Jail is under the supervision of City Sergeant Edgar L. Mtnstead, a State Officer. and since neither the City Sergeant nor the Jail are under his supervision, he mas precluded from further investigation of the matter; the City Manager stating, however, that the City Sergeant has advised him verbally that no mistreatment was suffered by the three juveniles in the Jail. Dr. Cornell theft moved to ash the State Department of Welfare and Institu- tions to investigate mhether or not the three juveniles were handcuffed to the cell bars of the Roanoke City Jail in such a manner that they had to stand for a period of approximately twelve hours without food, water or sanitation facilities, and advise Council whether or not this is normal procedure for handling children in the City Jail. and. if not, whether there is something the state can do about correctin* the situation. The motion was seconded by Mr. Dillard. Mr. Anderson pointed out that no evidence has been submitted to Conncil in substantiation of the charge that the children were mistreated, and offered a substitute motion that thereport of the City Manager be received and filed. The motion mas seconded by Mr. Webber and adopted. Council members Cornell and Dillard voting no. 338 REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: SIDEMALR, CURB AND CUTTER: Council mt its meeting* ~f March 21, 196'5, having tableduatil its next re'gular meeting a request o~ Glmbert and Glmbert, Incorporated, submitted by i~a attorney, Mr. C. Mo Reed, Jr., that Council reconaider its action of March 14, ~960, la adopting Ordinance accepting the proposal of Bartmau Constroctioo Company and Au Do Alford fo~ the construction of concrete sidewalk, curb and gotter and authorizing the execution of a contract therefor, and, In lieu thereof, accept the bid of Gimbert and Glmbert. Incorporated, mhich was the low bid received for the murk, the matter mas again before the body. Mr. Reed appeared before Council and stated that his client submitted its bid in good faith, that the City Charter provides for awarding of the contract to the lo'est responsible bidder, and that Council, in refusing to amard the contract to his client, has indicated that it is not a responsible corporation, and, consequently, bis client has been discredited professionally, Mr° Reed advising ~hat his client only wants Council to consider its reputation and deal fairly with said corporation. Hr, Richard F. Pence, Attorney for Hartman Construction Company, appeared before Council and stated that in his opinion his client had a vested interest in the contract from the moment of adoption of Ordinance No, 14004, on March 14, lgCO, and, consequently, Council cannot legally rescind its prior action without damage s to bis client ,~o, under the circumstances, would be in a position to recover its losses from the city. Mr. Reed, after consultation with Mr. Cimbert, advised Council that Gimbe~ and Gimbert has no intention to sue the city regardless of the action of Council, that the corporation is only interested in protecting its reputation. After considerable discussion, Mr. Webber moved to reconsider the matter, The motion was'seconded by Mrs. Pickett and adopted. After a further discussion, Mr. Anderson moved to direct the City Attorney to furnish Council with a written opinion advising whether or not Hartman ion Company and A, D. Alford have acquired vested rights'in the contract, by of the adoption of the Ordinance No. 14004, on March 14,1960. The motion was seconded by Mr. Dillard and adopted, BUILDING DEPARTMENT-FXRE DEPARTMENT: Council at its meeting of March 21, 1960, having tabled until its next regular meeting a recommendation of the City Manager that an Ordinance be adopted to amend Section 3~ Chapter 1, Title 14, of The Code of the City of Roanoke, relating to Fire Protection, to provide for additional inspection authority for the Chief of the Fire Department, and also an Ordinance to amend Section 1706 of the Building Code. to provide for additional means of ingress and egress in multi-family buildings" the matter was again before the body. Fire Chief J. V. Brown appeared and explained to Council that the proposed 339 Ordinance to au, sd Section 3. Chapter 1o Title 14. of'the City Code.'is designed to provide the Fire Department with the authority to inspect residential buildings. except private dwellings or dwelling units, and immediately after a fire. or when pernlsslon is granted by the owner, his agen(, or the occupant thereof, to inspect the private dwellings and private dwelling units for ~lolatiuns or rife sirety regulations and enforcement of cowpllance therewith. Chief Brown stating that the proposed measure is not punitive, but is an attempt'to save lives and proprty. and In his oplniOne a necessary measure. Mr. Young then offered the following Ordinance: (s14012) AN ORDINANCE amending and reordaining Sec. 3. Inspection of buildings, etc.. by chief of fire department, of Chapter 1. TITLE XIV of The Code of the City of Roanoke. 19Sbt relating to fire protection; providing for the inspection of buildings and premises for the purpose of preventing fire; establish. lng wiaiwuw standards of requirements; providing for the correction of unsafe or dangerous conditions; providing penalties for certain violations. BE IT ORDAINED by the Council of the City of Roanoke that Sec. 3. Inspection of buildings, etc., by chief of fire department, of Chapter 1, TITLE XI~ of the Code of the City of Roanoke, 1956, relating to fire protection, be and said section is hereby amended and reordained so as to provide as follows: SEC. 3. Inspection of bnildinqs, etc., by chief of fire department; standards of requirements; penalties. (a) It shall be the duty of the chief of the fire department to inspect or cause to be inspected by fire department officers or members Ss often as may be necessary but not less than twice a year in out-lying districts and four times a year Jn the clo~ly built portions of the city, all buildings, pr~mJses and public thoroughfares, except the interiors of private dwellings or private dwellin units, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or contribute to the spread of or danqer from fire or any violation of the provisions or intent of uny ordinance of the city affecting the fire hazard, In addition, the chief of the fire department shall cause.inspection to be made of all buildings, premises and public thoroughfares, including the interiors of private dwellings and private dwelling units, immediately following damage to any of the same caused by fire or when permission to make such inspection has been given by the owner o£ any such private dwelllng or ~rivate dwelling unit, his authorized agent. or any occupant thereof. For the purposes of this section, a private dwelling is defined as being a building occupied exclusively for residenc purposes and having not more than two private dwelling units, or one occupied or used as a boarding house or rooming house serving not more than ten persons, all of'~hom shall be ambulatory and mentally c~ohpeten~, with meals ~r sleeping aceomo- dati~ns; and a privat~ dwellin~ unit is hereby defined as being one or more rooms arranged for the private use of a single family unit or of one OF more. but not more than ten. individuals living together as a single housekeeping unit with cowmo cooking, living and sleeping facilities. Premises or buildings occupied or operated '340 ns nurseries, klndevgorteas. 9r~buosgest ~rivote schools, convalescent b,men, homes rot the aged. or for any similar purpose shall in no event be deemed to be · prlvut dwelling or a prlvale dwelling unit os hereluebnve defined. (b) Whenever the chief of the fire department, or. any official or member there,r, shall find uny building or other structure or uny premises which, foe want cf repair or by reason or age or dilapidated condition. OF for !ny cuuse.~is especially liable to fire. or lihely to contribute to the spread of or danger from fire. and mblcb ls so situated aa to endanger life or other property, or sb·ll find in any building or upon any premises or other place combustible or explosive matter or unnecessary or dangerous accumulations or rubbish, waste paper, boxes, shavings. old wood. trash or any other readily.combustible materials especially liable to fire. which are so situated as to endanger life or property, or shall find obstructions to or on Fire escapes, stairs, passageways, doors, windows, eta.. liable to interfere with the operation of the fire department or egress of occupantl in case of Fire. OF shall find any Fire escapes, stairs, passogewny, door. window or any other exitway deteriorated, unsafe or unusable, or obstructed or interferredl with in s,ch manner as to reduce or adversely affect its intended use or value, or shall find existing any other condition mhich is likely to cause accidental fire or to contribute to the spread of or ~nger from fire. he or such officer or member shall immediately notify in mriting the owner or occupant of the premises or build- ing wherein or whereon any of the Foregoing conditions exist and order a correction of such conditions to be made within such time as may be set out in said written notice and order, a copy of such notice and order to be given to the chief cf the fire department if the inspection notice or order be made or given by a person othe~ than said chief, and. upon receipt of such notice and order, it shall be,,me the duty of such owner or occupant to forthwith comply therewith and remedy the conditions specified in said notice and order. Where. by reason of the violation of any pro,ision of this chapter or of any other ordinance of the city regarding or prescribing the use. maintenance or occupancy of any building or premises there shall be any immediate danger to human lives, the chief of the fire department or any officer or member thereof baring ~nowledge of such ,relation may order in writing the immediate cessation of activities at or the Partial or complete evacuation of any building or premises mhereon such violation ~ay have occurred and such danger may exist, such cessation or evacuation, as the case may be, to ~nntinue until after such violation or danger has been abated. If such order be i~nored or not obeyed, any member of the clty°s police department shall have authority to summarily enforce the same. (c) IF the conditions complained of and set out in any written notice and order provided for in Subsection (b) hereof be not remedied by said emmet or occupant within the time specified in said notice or order, the chief of the Fire department shall cause the owner or occupant of the premises or building upon which the n~jecti~oable condition exists to be mumm,used before the municipal court to show cause why a fine should not be imposed upon such owner or occupant~ The 34:!. chief o! tke Fire department shall keep, or cause to be kept, proper records oF all inspections made. (d) In the inspection oF buildings and premises made pursuant to this section, the minimum standard oF requirements shall be the sane as those set out and contained in the oFFicial Building Code or the City oF Roanoke, lqsG, as amended, and in those several standards adopted, by reference, as Article XVIII in the aforesaid OFFicial Building Code oF ~e City oF Roanoke, lgSG; and all buildings and premises oF every kind in the Cit7 shall conform or be made to conform thereto. (e) Any person violating any oF~e provisions oF this section or uillFulll emitting, Failing or refusing to comply mith any notice or any order duly made by the chief oF the Fire department or any oFFicer or member thereoF, shall, upon conviction, he Fined not less than Five dollars nor more than twenty-rive dollars For each oFFense and each day~ continued violation after the tine specified in such notice er order shall constitute a separate oFFense. Hr. Young moved the Ordinance on its First reading, The motion was seconded by HFS. Pickett and adopted by the Following vote: AYES: Council numbers Anderson, Cornell, Pickett. Hehher, Young, and the President, Hr. #heeler ................ NAYS: Mr. Dillard ............1. Building Commls~oner Lewis G. Leftwich appeared before Council and stated that.the proposed amendment to the Building Code deals with the number of exit ways in buildings and is designed to clarify theBuilding Code by definitely requiring adequate exit ways in multiple family buildings as · protective measure in event of fire, to assure adequate means of escape by the persons in such buildings, and that he and the Fire Chief believe that the amendments are necessar for the protection of life and property. Mr. Hebber. then offered *the following Ordinance: ~ '~. (~14013) AN ORDINANCE amending and reordainieg subsection 1706.2. Number and location of exit ways** of SECTION 1706. MEANS OF EGRESS, of The Official Building Code of the City of Roanoke, 1956, relating to the number of location of exit ways in certain buildings. ' BE IT ORDAXr~D by the Council of the City of Roanoke that'subsection 1706. Number and loc~tion of exit ways., of SECTION 1706, MEANS OF EGRESS, of The Officia Building Code of the City of Roanoke, 1956, (Chapter 1, TITLE XV of The Code of the City of Roanoke, 1956), be and said subsection'is hereby amended and reordained so as to provideas Follows: 1706~2, Number and location of exit ways. · ~: :~(a) .Every. story For SO or more occupants as determined by section shall hare at least 2 separate exit ways (as defined in section 601.1) except that in any building oF fire-resistive constrnction,'and in any building of other types of construction not over 2 stories in height, and in any sprinklered building a single exit way may be used For stories having less than 100 occupants, provided 3~,2 the stairway end oth~r floor openings ire. enclosed with nn enclosure baring e fire resistance rating of not less tbnn one houre with nil openings therein protected ns required for such enclosure in section (bi The number end location of exit doormnys shall be such that the maximum distance from any poht in a floor area. room or space to an exit doormnyo neasnred along the line of travel, does not exceed: 100 reef for high hazard occnpnnciesl 125 feet for educational, industrial, institute,esl, mercnntile. residential and storage occupancies; 150 feet for assembly and business occupancies Where a floor area Is subdivided into smaller areas such as rooms in hotels. multlfaully houses and office buildings the distance to an exit doorway shall be measured from the corridor entrance of such rooms. Where the building is sprinklered, or.is of fire-resistive construction, or is of noncombustible construction occupied exclusively by stocks of noncombustible material not packed or crated in combustible uaterial, the above distances tn an exit doorway may be increased 50 per cent. (c) In multifamil! buildings having one or more dwelling units above the second story, every duelling unit above the second story shall have access to at least 2 exit ways~ provideS, however, that in multifamily buildings having any story occupied by more than one family, or by 8 or more persons, any such story shall be provided with at least 2 separate exit ways. Such exit ways may use common or commnnicating corridors OF hallways, but the 2 required exit ways from any one dwelling unit or story shall not use a common interior stairmay. Occupants of separate apartments, separate dwelling units. OF of rooms not a part of a family unit. shall be pr,reded mith access to an exit way without having to pass through any other occupied space. (d) Every room used as a place of assembly shall have et least two doorways Complying with section 609 and which open onto an exit way. except that for such rooms located on the first or grade floor a single such doorway may be used for an occupancy not in excess of 200 occupants provided the doorway has a clear width of not less than 44 inches. (e) Every place of assembly h~ving ~ capacity greater than 200 occupants shall have exit ways conforming as to number and width with sections 602.6 (b) and 604.5. In applying section 604.5 a stairmay 40 inches mid, may be accepted as two units. (f) Institutional o~cupancies shall be provided with at least two exit ways in accordance with section 602.4. Mr. Mebber moved the adoption of the Ordinance, The motion was seconded by Mr. Young and adopted by the foil,ming vote: AYES: Council members Anderson, Pickett, Webber, Young, and the President, Mr. Mheeler ............................ NAYS: Conncll members Corn,Il and Dillard ..... CONSIDERATION OF CLAIMS: NONE. 343 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 14008, rezoning from Business District to Light Industrial District that 25~root strip of laud lying immediately north of that portion or u tract of land located on the westerly side of Brocduay, S, M** south of Colonial Avenue, having previously been before Council rot its first reading, read and laid over. was again before the body, #rs, Pickett offering the following for its second reading end final adoption: (si4000) AN ORBINA~C£ to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 19S6, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No, 24. Page 105, i Rrs. Pickett uoved the adoption of the Ordinance. The motion mas:seconded by DF. Cornell 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 BUSINESS: TRAFFIC: Mr. Anderson stated that he attended the annual meeting of the Roanoke Merchantk Association, along with other members of Council, at which the speaker, Mr. Milliam G. Bare, Executive Director of the National Parking Associntio discussed parking problems la cities, Mr. Barf stating that Roanoke has more parkin facilities in its conjested area than any other city he has visited in the United States, and offering five suggestions: (1) that a survey of parking facilities and problems be conducted; (2) that adequate promotion programs be instituted to assure usage of those parking facilities and shopping in the conjested districts; (3) that consideration be given to 'park and shop' and 'ride and shop" programs as a joint venture between the merchants, the parking facility operators, and the bus line operators, all three of which he considers to be problems of the merchants; (4) that consideration be given to parallel tandem parking in the conjested areas which would provide for better usage of available parking space; and (S) that directional sings pointing to parking areas in the conjested district to erected at street intersections, Mr. Anderson suggesting that the city should explore the fourth and fifth suggestions. The City Manager advised Council that he has a meeting set for March 29, lg60, between city personnel and representatives of the Roanoke merchants, to consider these matters, and will report to Council any conclusions or recommenda- tions which might be reached. There being no further business, Council adjourned. APPROVED / 344 ' · , COUNCIL, REGULAR-MEETING, - * ' *'~: ' . ..... .. Monday.- April 4, 1960. ,The Council of'the City of Roanoke-met in regular meeting*in the Council Chamber i~ the Municipal Building, Monday, April 4, 1960, at 2:00 otclock, p.m., the regular meeting hour, with the President, Mr; Mbeeler. presiding. PRESENT: Council members Anderson. Cornell; Dillard, Pickett; Webber, Young, and the President, Br. ~heeler ........ ::-?. ' : ABSENT: None ......:_2__.~_~__~__= ..... ~0; ' OFFICERS PRESEhT: Mr. Arthur S. Owens,' City Manager, Mr. Randolph O. · hittle,,'City At~oroey, BF. Harry R. Tares, City Auditor, and BF. Jo Robert Thomas, City Clerk. 'INVOCATION: The'meeting wai opened with a prayer b'y the Reverend ChaFles W. Fink, Pastor. Relrose Avenue Methodist Church. ** MINtrI£S: Copy of the minutes of the regular meeting held on March 25, 1960, having previously been furnished each member of Council. upon motion of Mrs. Pickett, seconded by Mr, Young and ndopted, the reading #as dispensed with and the BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: The Cl{y Clerk presented a communication from Mr. Harry E. Byers, i472 Craig-Ribertson ~oad, S. E.. requesting that two street lights be placed on that street, one at the intersection of CraJg-Robertson Road aug Brooks Avenue and the oth~r in the center of the 1400 block. STREETS AND ALLEYS: The City Clerk presented a petition from Dora G. . McDaniel, et al.', as~ submitted by 'their Attorney, Mr, Richard T. Edwards. requesting that Frontier Road. N. ~,, from a point approximately 481 feet east of ~illiamson Road to 'McAfee Street. be vacated, discontinued and closed, along with a deed e{ecuted by the petitioners providing for the closin9 of the street and quitclaim- lng to the City of Roanoke all interest they might ha{e in said street, the pet'itioners requesting that Council authorize execution of the deed by the city since al~ th~ property on the southerly side of the portion o'f the street in ques- tion is owned by the City of Roanoke, it bein'g the Preston ~ark School site. and of whether the city ~ade any commitments at the tim~ the street was opened and the City Attorney for study and advice as to whether or eot the so-called short or long ~orms should be used for closing the street, and ~hether or not the city bas petition is proper, to prepare a Resolution authorizing the city to join therein. 345 REPORTS OF OFFICERS: PARKS AND PLAYGROUNDS-SCHOOLS: The City Manager reported that in connectlot with the development of the school sites in Shrine Hill Park and furnishing water thereto, he has negotiated with Miss Lottie F. Stewart for a right of may rot a mater main across her property, described as Lot 10, Block 7, Grandma Court, locate~ at 2628 Guilford Avenue, S. M** resulting ia Miss Stewartts offer to furnish the city the needed right of uny at a cost of $250.00, the City Manager recommending that Couucit authorize acceptance thereof. Mr. Young moved to direct the' City Attorney to prepare au Ordinance accept- ing the right of way as recommended by the City Manager. The motion was seconded by Hr, Anderson and adopted. BUDGET-POLICE DEPARTMENT: The City Manager requested that Council authorize the purchase of a hydraulic jack from the unexpended balance contained in the 1960 budget for purchase of automobiles, said jack to be used by the Police Department connection mith its parking meters. MFS. Pickett moved to concur in the request and offered the following emergency Ordinance: (~14014) AN ORDXN~NCE to amend and reordaln Section ~144, "Departmental Equipment and Improvements." Of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page i11.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Mebber and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young. and the President, Mr. Wheeler ................. NAYS: None ............................O. TRAFFIG: The City Manager reported that he has met with representatives of ithe downtown merchants and discussed with them the problem of revita~zifl§ the central business district, and that said representatives have requested that the city experiment with parallel tandem parkin9 and placing of directional signs in the business district pointing to available parking areas, the CitI Manager advising fha he has started experimentation with both these items and requesting that Council concur in his actign. Mr. Anderson moved to concur In the report of the City Manager. The motion was seconded by Mr. Young and adopted. BUDGET-MUNICIPAL COURT: The City M~nager requested that $2,000.00 be trans- ferred from Wages in the Municipal Building account to Departmental Equipment and Improvements. for the purchase of an air conditioning unit to replace the unit serving the Municipal Court area, advising that be has secured an estimate for repairing the present equipment at SgO0.O0, and that he cannot recommend expenditure of that amount for repairing a second hand machine, the City Manager further advising that with the approach of summer it is imperative to replace this equipment since the m~nicipal court area is very congested. '346 Mr. Nebber moved to concur in the request and ~ffered the follomlng emer- gency Ordinance: (#14015) AN ORDINANCE to amend and reordain Section w86. 'Municipal Eullding.' and Section s144, *Departmental Equipment and Improvements,' of the 1960 Appropriation Ordinance, and providing for an emergency. MHEREAS, for the usual daily operation of the Municipal 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 Sectlo~ mB6, *Municipal Building,* and Section m144, *Departmental Equipment and Improve- ments,* of the 1960 Appropriation Ordinance, be. and the same are hereby, amended and reordained to read as follows, in part: MUNICIPAL BUILDING #86 Wages ....................................................... $ 11,621o00 DEPARTMENTAL EOU1PMENT AND IMPROVEMENTS ~144 (1) .................... $234,431.00 (1) Municipal Air Conditioning Unit $2,000.00 Building - 86 DE IT FURTHER ORDAINED that, an emergency existing, thi~ Ordinance shall be iff effect from its passage. Rt. Nebber 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 ................r ......... O. STREETS AND ALLEYS: Council at its meeting of March T, 1960, ~aving referred to the City Manager a recommend~tion of the City Planning Commission for improvements at the intersection of Drandon Avenue and GrandAm Road, S, W.. for an estimate of the cost, the City Manager reported that the owners of Lots 1, 2 and Block 20. Raleigb Court Map, have requested $4.000.00 for approximately 3.?00 square f~et of land Off the said lots for street widening purposes, that he estimates that to acquire a ID-foot strip from the front of Lots 4 and S would cost $250.00, making a total estimated cost of $4,250.00 for rights of way, and that to widen the street at this intersection along the front of these properties will cost an additional $5,050.00. making a total estimated cost of $9,300.00. Mr. Webber moved to table the matter. The motion was seconded by Mr. Dillard and adopted. REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of February, 1960. and reported other departmental reports on file in his office. Mr. Young moved to file the report. The motion was seconded by Mr, Anderso~ and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. . INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 14010, rezoning from Special iesidenc~ District to Business District property located on the north side of McClanahan Street, S. 347 end the east side of Rosalind Avenue, described as Lots 6, 7 and 8, inclusive. Block 41. and the westerly portion of Lots 1. 2, 3. 4, 5 and 6. inclusive. Block 50. according to the Map of Crystal Spring Land Company. baying previously been before Council for its first reading, read and laid over. mas again before the body, Mrs. Pickett offering the following for its second reading and final adoptionz (x14010) 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 Book No. 24, page 107.) Mrs. Pickett moved the adoption of the 0rdin;flce. The motion ubs seconded by Mr. Young and adopted by the following vote: AYES: Couecil members Anderson, Corneli, Dillard. Pickett, Nebber, Young, and the President, Mr. Mheeler ............... 7. NAYS: None ..........................O. BUILDING ~EPARTMENT-FIRE DEPARTMENT: Ordinance No. 14012, amending Section 3, Chapter 1. Title 14, ~f The Code of the City of Roanoke. to provide ~r additional inspection authority for the Chief of the Fire Department, having previously been before Council for its first reading, read and laid over. was again before the body, Rt. Anderson offering the following for its second reading and final adoption: (=14012) AN ORDINANCE amending and reordaining See. 3. Inspection of buildings, etc., by chief of fire department, of Chapter l, TITLE the City of Roanoke. 19SG, relating to fire protection; providing for the inspection of buildings and premises for the purpose of preventing fire; establishing minimum standards of requirements; providing for the correction of unsafe or dangerous conditions; and providing penalties for certain violations. (For full text of Ordinance, see Ordinance Book No, 24. page 108.) Mr. Anderson moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the followin9 vote: AYES: Council members Anderson, Corflell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ............... NAYS: None ..........................O. BUILDING DEPARYMENT-FIRE DEPARTMENT: Ordinance No. 14013, amending Section 1706 of the Building Code, to provide for additional means of ingress and egress in multi-family buildings, 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; (z14013) AN ORDINANCE amending and reordainin9 subsection 1706.2. Number and location of exit ways., of SECTION 17Ob. MEANS OF EGRESS, of The Official Build- ing Code of the City of Roanoke, 1956, relating to the number and location of exit ways in certain buildings. IFor full text of Ordinan'ce, see Ordinance Book No. 24. page 110.) 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, Webber, Young, and the President, Mr. Wheeler .............. NAYS; None .........................0. 348 UEPARYRE~f OF PUBLIC MORES: Council at its meeting of March 28, 1960, baying directed the preparation of Resolutions accepting the proposals of lom bidders for eight motor trucks, #r, Young offered the rollouiog Resolution~ (a14016) A RESOLUTION accepting the proposal of Aatrim Motors. Inc., for supplying five I 1/2 ton trucks; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting oil other bids. (For full text of Resolution, see Resolutim Rook No. 24. page 113.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Dillard nod adopted by the follouing vote= AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President. Br. Uheeler .............. NAYS: None ......................... O. Mrs. Pickett then offered the following Resolution accepting the proposal Olckerson 6BC, Incorporated: (~14017) A RESOLUTION accepting the proposal of Dickerson GRC. Inc., for supplying two 2 1/2 ton trucks; authorizing the Purchasin9 Agent to issue the requisite ~urchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 24, page 113.) Hrs. Pickett moved the adoption of the Resolution. 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, Hr. Wheeler .............. NAYS: None .........................O. ar. Anderson then offered the following Resolution accepting the proposal o~ Shackelford-Cox Truck andMachinery Company: (~14018) A RESOLUTION accepting the proposal of Shackelford-Cox Truck and Racblnery Company for supplying one 3 to 4 ton truck; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. IFor full text of Resolution. see Resolution Book No. 24, page 114.) Mr. Anderson moved the adoptionof 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. Mr. Young then offered the following emergency Ordinance providing for the transfer olfunds in the 1960 budget in the amount Of $645.00 needed for the pur- chase of the trucks: · (sl4Olg} AN ORDINANCK to amend and reordain Section s144, "Departmental Equipment and Improvements." of the 1960 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 115.) Rr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Rebber and adopted by the following vote: 349 AYES: Council wembers Anderson. Coroell, Dillard. Pickett, Mebber, Young. end the President. Mr. Mheeler ................ ?. NAYS: None ........................... PURCHASE OF PROPERTY-STREETS AM) ALLEYS: Council at its meeting of March 28. 1960, having directed the preparation of Ordinances providing for the acquisi- tion of certain land needed for street widening purposes on Hollins Road. H. E., Mr. Young offered the follcming emergency Ordinance authorizing and directing the acquisition of certain land and easements iron Mr. A. M. Coon: (s14020) AN ORDINANCE authorizing and directing the acquisition of certain land and easements in land from A. M. Coon, on both sides of a portion of Hollias Road, N. E.. for a price of $1736.25. net. to said owner, and upon certain other terms and conditions herein provided; and providing for aa emergen~. (For full text of Ordinance, see Ordinance Dook No. 24. page i16.) Mr. Young moved the adoption Of the Ordinance. The motion Has seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Corneil, Dillard, Pickett, Mebber. Young, and the President, Mr. Mheeler ............... NAYS: None ..........................O. Mrs. Pickett then offered the following emergency Ordinance authorizing directing the acquisition of certain land and easements from Diamond Plastics Industries, Incorporated: (mid021) AN ORDINANCE authorizing and directing the acquisition of certain land and easements in land from Diamond Plastics Industries, Inc., on the east side of Hollins Road, N. E.. upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 24. page Mrs. Pickett moved the adoption of the Ordinance. Yhe 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. Nheeler .............. NAYS: None .........................O. MOTIONS AND MISUELLANEOUS BUSIHESS: PARKS AND PLAYGROUNDS-SCHOOLS: Mr. Sam J. Elliott. 3116 Corbieshaw Road, S. W., appeared before Council and stated that the playground area for children in Shrine Hill Park is not usable by reason of construction activities Jn connection with the two schools being erected in the park and requested that the body provide a suitable play area in that vicinity for the children. Mr. Dillard moved to refer the question of providing a playground for children in Shrine Hill Park to the City Manager for his recommendation thereon. The motion was seconded by Dr. Cornell and adopted. FIRE DEPARYMENT: Dr. Cornell stated that some of the city*s fire fighting equipment is antique, one piece being a 1918 model, and moved to direct the City Manager to submit a report to Council showing the fire equipment presently in the Fire Department, glving the age Of each piece and the maintenance cost thereof. and advise Council of the cost of replacing the various types of units. '~350 The motion mas seconded by Hr. Dillard and adopted, YOUTH COHHISSION~ The City Clerk reported that the terms of Hessrs. F. Alexander and M. M. McCsthern as members of the Youth Commission mill expire on April 30, 1960, said terms being for tuo years each, There being no further business, Council adJonrned. APPROVED COUNCIL, REGULAR REETING, Monday, April Il. lqGO, The Council of the City of Roanohe apt in regular meeting in the Council Chauber in the Municipal Dullding, Monday, April 11, 1960, at 2:00 o'cloch, p. the regular meeting hour, with the President, Mr. #heeler, presiding. PRESENT: Council members Anderson, Cornell. Dillard, Pickett. Mebber, Young, and the President, Mr. Uheeler ............. T. ABSENT: None .............................O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph G. Mbt,tie. 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. Field. Pastor. Colonial Presbyterian Church. MINUTES: Copy of the minutes of the~gular meetin9 held on April 4. 1960. havin9 been furnished each member of Council. upon motion of Mrs. Pickett. seconde~ by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: BRIDGES-STREETS AND ALLEYS: Mr. F. Rodney Fitzpatrick.' Attorney for Roanoke Electric Steel Corporation, appeared before Council and advised that the corporation, whose plant is located in the County of Roanoke just across the corporate line on Miller Street. N. M., is planning to double the capacity Of its plant, that the roadway, Miller Street, leading from Shenandoah Avenue to the plant across Peters Creek is unimproved, and that there are sufficient funds available from a specialappropriation by the General Assembly/of Virginia for industrial access roads to construct a bridge over Peters Creek and to improve Miller Street, in the county, from the bridge to the plant, provided the city will pay 50~ of the cost of said bridge, which is estimated to cost $20,000.00, Mr. Fitzpatrick requesting that Council adopt a Resolution asking the State Highway Department .to construct a bridge over Peters Creek on Miller Street, agreeing that the city will pay one-half the cost thereof, and that Council authorize con- struction of a heavy-duty roadway for the approximately 0.2 mile of Miller Street in the city from Shenandoah Avenue to the.proposed bridge, Mr. F~tzpatriok explaining that thepresent roadway leading into the plant is completely inadequate for thetrafficto the present plant and when the capacity is doubled, will be a real problem. Mr. Nebbermoved to refer the request to the City Manager for study recommendation, and todirect the City Attorney to prepare a Resolution requesting the Department of Highways of the.Commonwealth of Virginia to construct the requested bridge on the basis of 50~of the cost being paid by the city. The motion was seconded by Dr. Cornell and adopted, 351 . PETITIOMS ANM COMMUNICATIONS: ZQMING: Th~ City Clerk presented a petition from Mr. F. R. lollmansperger requesting that Lot IS, MI,ch $o Section 1. Virginia Heights. designated as Official Tax No. 1330303. and located on the north side of Memorial Avenue. S. which is owned by Mr. Marry E. St,ch,on and on mhichhe has a contract to purchase. 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 was seconded by Dr. Cornell and adopted. 5TREEF LIGffFS: The City Clerh presented a communication from the Appalach Power Company. transmitting a report showing the installation of six 2500 lumen street lights in the city during the month of March. 1960. MF. Anderson moved to file the rep,Ft. The motionwas seconded by Mr. Young and adopted. TRAPFIC-#ASYER PLAN: The City Clerk presented a communication from the City Planning Commission. requesting that Council authorize a traffic survey in the city by the Department of Mighways of the Commonwealth of Virginia. estimated to cost$56.000.O0, of which the city muld pay 25~. and advisin9 that in its opinion the survey is imperative since allocation of funds in the future for state and federal participation in highway projects will not be made until such a survey is available, and since it will pFovide invaluable data on which to base a major thoroughfare plan; give valuable information for the city*s parhJn9 problem; and make recommendations concerning transit routing that will include relationship of arterial street capacity to the expected demands by lgSO. RF. WebbeF moved to direct the City Attorney to prepare a Resolution requesting the Department of Mighways of the Commonwealth of Ylrginia to make the recommended survey and agreeing that the city will pay 25% of the cost thereof. The motion was seconded by Mrs. Pichett and adopted. Messrs. Cornell and Dillard voting no. AUDITS-CITY TREASURER: The City Clerk p~esented a report of an audit of Commonwealth funds in the City Treasurer's Office for the fiscal lear ending June 30. 1959. as prepared by the Auditor of Public Accounts of Virginia. Mr. Young moved to file the re~ rt. The motion was seconded by Mr. Dillard and adopted. ZONING: The City Clerk presented a petition of M. R. Math,ur. et al.. requesting that their properties located on the west side of Franklin Road near the southern corporate limits of the city, designated as Official Tax Nos, 1290106. 1290108 and 1290110, be rezoned from General Residence District to Business District, Mr. Young moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Anderson and adopted. SALARy AND WAGE PLAN: The CitI Clerk presented a petition from 2?2 city employees, requesting that Council 9rant a cost of living increase in salaries and wages. BUDGET-DEPARTRENTOF PUBLIC MORES-AIRPORT~ The City:~na~er reported' that snow and ice removal has exceeded the appropriations contained in the 1960 budget therefor and requested that a transfer of $71,500,00 from the Refuse Collection and Disposal account to the Snow and Ice Removal and t~e Overtine Pay under Job Classification accsunts, and a transfer Of $1.36§,50 from Repairs to Contractsrs under the Airport acco'unt,' be made ~o cover *the 'deficit created by the cost of removing the snow. Dr. Eorneil moved to concur in the request and offered the following emergency Ordinance: (=)4022) AN ORDINANCE to amend and reordain c~rtain section of the 1960 appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, Page 110,) Dr. Cornell Cored 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, Mebber. Youn~ and the President. Mr. Wheeler ........ 7, ' NAYS: None ...................O. BUDGET-TRAFFIC-STREETS AND ALLEYS: The City Manager reported that in construction of the improvements to the Main Street, Sherwood Avenue, and Brandon Avenue intersection a c~angb in grade has been effected which makes it necessary to co'nstruct a stone wall alon9 the property of Mr,' J, S.: Fitzpatrick at the northwest corner of Main Street and Sherwood Avenue, which was not included in the original a~reement ~ith Mr, Fitzpatrick for right of way, and requested that Council appr~prlate $1.000.OO to cover the cost of the construction of said wall and related work. Mr, Dillard moved to concur in the request of the City Manager and offered the following emergency Ordinance: '(=14023) AN ORDINANCE to amend and reordain Section =140, *Street Construction.~ 5f the 1960 App~opriation Ordinance, and providing for an emergency (For full t~xt 'of Ordinance, see Ordinance Book No. 24. Page 119.) : Mr, Dillard moved ~e adoption of the Ordinance+ The 'moti'on was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornell, Billard~ Pickett. Webber, Young, and the President,' Rro Mheeler ................. ?o' NAYS: None ............................ ,354 INDUSTRIES-PARKS AND PLAYGROUNDS: The City Manager recommended that Council adopt an Ordinance Incorporating certain property recently acquired from the Virginia Holding Corporation adjacent to Follon Part, S. E,, into the park system as a part of said Fallon Park. Mr. Anderson moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~14024) AN ORDINANCE providing for the incorporation of certain land into the City*s Park System and adding the same to and making it a part of Fallon Park; and providing for an emergency. (For full text of Ordinance, see Ordinance Uook No. 24, Page 119,) 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, Cornell, Dillard, Pickett. Mebber, Young, and the President, Rt. Wheeler ................. NAYS: None ............................ PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager recommended that Council aut krize acquisition of certain parcels of land offered by Sherman and Lizzie Poff, in the amount of $377,90; E, B, Booth, in the amount of $494,60; No R, Booth, in the amount of $000.30; and Victor E, Smith, in the amount of $1,450. O0,:ueeded for street right Of way to make a connection between Whiteside Street (Patrick Henry Boulevard) and Hollins Road, N. E,, the City Manager explaining that this is a portion of the overall development of Nhiteside Street (Patrick Henry Boulevard), as previously recommended by him, Mrs, Pickett moved to table the matter until the next regular meeting of Council in order to give the members an opportunity to study it, The motion was seconded by Mr. Young and adopted, AIRPORT: Council at its me'erin9 of February 1, 1960, having directed the City Manager to make a study Of the question of constructing a canopy from the west side of the Terminal Building to certain airline gate positions at the Roanoke Municipal Airport, the City Manager submitted his report, advising that a permanent type structure with metal roof and frame would cost approximately $7,200,00, and that a steel pipe frame with canvas cover would cost Mr. Mebber moved to defer the matter for consideration along with the 1961 budget. The motion was seconded by Mr. Young and adopted. P~KS AND PLAYGROUNDS-SCHOOLS: Council at its meeting of April 4. 1960, having referred to the City Manager for study and recommendation the question of providing playground facilitiesin Shrine Hill Park during the construction.of the schools therein, the City Manager reported that he has consulted with the School Board architect, as a result of which the contractor for the school con-. struction has agreed to provide a football field to the south and east of Avenel Avenue and Grandin Road, S. M., the City Manager stating that he believes this will adequately serve as a temporary measure until the schools are completed, :'355 Mr. Dillard moved to concur in the report of the City Ranager. The motion was seconded by Hr. Young and adopted. SIDEWALK. CURB AND GUTTER: Council at its meeting of March 28. lgGO. having requested the City Attorney to submit an opinion advising whether or not Bartman Construction Company and A. D. Alford have acquired vested rights in a contract for construction of concrete curb and gutter by reason or adoption of Ordinance No. 14004. on March 14. 1960. in which Council accepted the proposal of said Bar,man Construction Company and A. D. Alford and authorized a contract for said construction, the City Attorney subuitted M s opinion advising that in adoption of Ordinance No. 14004 on the 14th day o! March. 1960. Council completely discharged its wide discretion in the premises and finally determined that the requisite contract be awarded to nar,man Construction Company and A. D. Alford, and, therefore, both the city and the contractors have acquired vested rights by reason of the adoption of the afo~esaid Ordinance. It appearing that no further action should be taken in the matter, Mr. Dillard moved to file the City Attorney's opinion. The motion was seconded by Mr. Anderson and adopted. REPORTS OF COMMITTEES:' NONE, UNFINISBED BUSINESS: BOLLINS ROAD CIVIC LEAGUE-pARKS AND PLAYGROUNDS: Council at its meeting of February 29, 1960, having mferred to the City Planning Commission for study and recommendation the request of the Bollins Road Civic League, Incorporated, that the city purchase a tract of land consisting of 8.82 acres lying in the Bollins Road area for park purposes, theCity Planning Commission submitted its report, advising that it is in no position to recommend the acquisition of this property at the present time, but that it does, however, concur in the recommenda- tion Of the City Manager submitted to Council at its meeting of March 14. 1960, concerning certain improvements to the property of Johnson-Carper Furniture Company, knomn as Jordan Park, which report has previously been referred to a committee for study and recommendation. Dr. Cornell moved to refer the report of the City Planning Commission to the committee composed of Mr. Roy L. Webber, Chairman. Mrs. Mary C. Pickett, and Mr. Willis W. Anderson for study along with the City Manager's report. The motion was seconded by Mr. Young and adopted. ZONING: Council at its meeting of March 21. 1960, having referred to the City Planning Commission for study and recommendation a request of Mr. Curtis E. Fuller that Lots 4 and 5, Block 20, Raleigh Court, located at the intersection of Brandon Avenue and Grandin Road. S. N.. be resorted from General Residence District to Special Residence District, the City Planning Commission submitted its report, recommending denial of the request. The City Clerk advised that Mr. Jack D. Coulter, Attorney for the petitioners, has requested a public hearing on the matter. '356 Mr, Nebber loved to hold u public hearing on the request at 2:00 o'clock, p, m** Hay 2, lggO, lo the Council Cholber, nnd to direct the Attorney for the petitioner to prepare the proper notice thernort have it opprov~d by the City Attorney and present It to the City Clerk for publication, The motion las seconded by HFe Young and adopted. ZONINg: Council at its meeting of Harch 28, 1960. having referred to the City Planning Comlisslon for study and recommendation a request of Harold E, Rowe et ox. that their property lying on the northeast corner of Nalnut Avenue nnd Piedlont Street, 5, E., being Lots 1, 2 and 3, Section 23, Roanoke Gas and Mater Company, be rezoned from Special Residence DIstrict to Husiness District, the City Planning Commission submitted its report, advising that the property of the petitioners is located immediately across the street from a Husiness District, and in its opinion is more suitable for business than residential purposes, and tbat the rezoning of it mill not adversely affect the values of nearby residential properties, the Commission therefore recommending that the request be granted. Mr, Mebber moved to hold a public hearing in the matter at 2:00 o'clock, p. m.. May 9. 1960, In the Council Chamber, and to direct the Attorney for the petitioners to prepare the proper notice of such hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Anderson and adopted. CONSIDERATION OF CLAIMS: NOSE, INTRODUCT ION AND CONSIDERATION OF ORDINANUES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE, There being no further business, Council adjourned. APPROVED .357 COUNCILs REGULAR MEETING, Monday, April 18. 1960, The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building. Monday. April 18. 1960, at 2:00 o°clock, p.m.. the regular meeting bout, mith tbe President, Mr, Wheeler, presiding. PRESENT: Council members Anderson, Cornell, Dillard, Pichett, lebber, and the President, Mr. Mheeler .................... 6. ABSENT: Mr. Young .................... 1. OFFICERS PRESEhT: 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. INVOCAYION: The meeting was opened with a prayer by the Reverend R. Kern Eutsler, Pastor, South Roanoke Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on April 11, 1960 having been furnished each member of Council. upon motion of Mrs. Pickett. seconded by Mr. Anderson and adopted, the reading mas dispensed mith and the minutes approved as recorded. HEARING OF CITIZENS UPON PDBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a petition from Mr. W. L. Draper, request-i lng that his property designated as Lots 6-12. inclusive, Block 11, Linwood Land Company, located at the southeast corner of Pocahontas Avenue and Seventh Street, N. E.. be rezoned from Ceneral Residence District to Heavy Industrial District. Mr. Anderson moved to refer the request to the City Planning Commission for study and recommendation. Yhe motion was seconded by Dr. Cornell and adopted. ZONING: The City Clerk presented a petition from Mr. Frank L. Wiggins, et mx.. requesting that their property designated as Lots I and 2. Section !. Oregon Park. located on the northeast corner Of Shenandoah Avenue and Thirty-sixth Street, N. ~., 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 mas seconded by Dr. Cornell and adopted. ZONING: The City Clerk presented a petition from Mr. Jack R. Mann. et mx,, requesting that their property designated as the eastern part of Lots l-S, inclusiv* Olock 23. Roanoke Cas end Water Company, located at 412 ~alnut Avenue, S. E.. be rezoned from Special Residence District to Business District. Mr. Anderson moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Dr. Cornell and adopted. STREETS AND ALLEYS: The City Clerk presented a petition from John W. Hanco* LOtS 6-36, inclusive. Block !4, Crystal Spring Land Company. north of McClanahan Street, S. M., along the Norfolk and Western Railway Company lines, be vacated, discontinued and closed. '358 Mr. Webber moved to refer the request to the City Planning Commission for stud! Dad recommendation, The motion mas seconded by Dr. Cornell Rod adopted, REPORTS OF OFFICEES~ BRIDGES-STREETS AND ALLEYS~ Council et its meeting of April !1, 1960, having received from Roanohe Electric Steel Corporation u request that the Virginia Department or HighneSs be requested to construct a bridge over Peters Creek on Miller Street, N. ¥** et the corporate line of the City of Roanohe. the city to agra to pay one-half of the cost of such construction, and a request that' the city con- struct a heavy-duty road along the approximately 0.2 mile of Hiller Street in the city from Shenandoah Avenue to the proposed bridge, end having referr'ed the matter to the City Manager for study and recommendation, and having directed the City Attorney to prepare a Resolution requesting the Virginia Department of Highways to construct the said bridge, agreeing that the city will pay one-half the cost thereof the City Manager reported that the bridge is estimated to cost $20.000.00, the city*s share amounting to one-half thereof, or $10,000.00. that the estimated cost for constructing the 0.2 mile Of highway requested is ~6,000.00, tha't he had planned! to recommend construction Of the bridge after duly 1. 1960, however, he can see no objection to requesting the Highway Department to construct the bridge at this time. nor to Council appropriating the necessary funds for its share of the cost of con- structing the bridge and the highway' requested. The Office of the City Attorney present'ed an Ordinance it had prepared requesting the Virginia Department of Highways to construct the bridg'e, but advised that, prior to the adoption of the Ordinance, Council should submit the matter to the City Planning Commission for its study and recommendation. Mr. Webber moved to refer the request for constructing the bridge to the City Planning Commission for study and recommendation. The motion mas seconded by Hr. Anderson and adopted, Hr. Dillard voting no. ANNEXATION: Th~ City Manager requested an appropriation of $280.00 to provide for payment of services of the firm of Woodrum and Gregory in connection with the annexation proceedings for the month of March, lg~O. Mrs. Pickett moved to concur in the request and offered the following emer- gency Ordinance: {=14025) AN ORDINANCE to amend and r,ordain Section 3155, "Annexation,# of the 1960 Appropriation Ordinance, and providing for an emergency. IFor full text of Ordinance, see Ordinance Book No. 24, page 120.) 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, and the President. Mr. Wheeler ....................... NAYS: None .........................gO. (Mr. Vouog absent) BUDGET-CITY ATTORNEY: The City Manager requested an appropriation of $500.00 3'5'9' Dr. Cornell moved to concur in the request end offered the f,Il,ming emer- gency Ordinance: (s14026) AN ORDINANCE to amend and reordein Section 14, "Attorney." of the 1960 Approprintion Ordinance, end providing for an emergency. (For full text of Ordinance, see Ordinance E,ok No. 24. page 121.) Dr. Cornell moved the adoption of the Ordlnnnce. The motion mas seconded by Hr. Webber and adopted by the following vote: AYES: Council members Anderson, C,mall, Dillard, Pickett. Webber, and the President, Hr. Nheeler ...................... 6. NAYS: None .........................O, (Mr. Young absent) REPORTS OF COMMITTEES: MASTER PLAN-AUDITORIUM: The committee composed of Messrs. Vincent S. Nheeler. Chairman, Willis M. Anderson, and Walter L. YOung. appointed to study the question of erecting a municipal auditorium in the city. submitted its second Interim report, advising that in its opinioo developments to date warrant Council holding a public hearing at which it might receive expressions of opinion from citizens of the city relative to the location, size. type, and seating capacity of such auditorium and such other suggestions with respect to the proposed auditorium as the citizens may wish to make, the committee recommending that Council hold a public hearing for that purpose Thursday, May $, 1960, at 7:30 p.m.. and that persons lappearing before the said hearing be requested to prepare their suggestions in nritten form to be filed wJth~e City Clerk. Mr. Nebber moved to concur in the report of the committee and to hold a special meeting Of Council at Lee Junior Nigh School Auditorium on Thursday. May 5, 1960, at 7:30 p.m., for the purpose Of hearing citizens on the question Of construc- tion of n municipal auditorium es recommended by the committee, and that the City Attoreey prepare the proper notice of such hearing and present it to the City Clerk for publication. The motion was seconded by Dr. Cornell and adopted. UNFINISHED BUSINESS: TRAFFIC: Council at its meeting of February 23, 1960, having directed that Lhe Roanoke Merchants Association and the Roanoke Chamber Of Commerce be advised of Lhe interest Of Council in the problems Of the downtown business district and its ~illingness to meet with the two organizations to discuss these problems should they )elieve that such a joint meeting would be helpful, the City Clerk presented letters from both organizations, advising that they do not believe that such a Joint meeting ~ould be helpful at this time, that both organizations are working on the problems through committees and are receiving excellent cooperation from the city government through its various departments and further that the traffic survey which Council is mow considering will be of inestimable value in solving the problems of the central business district as well as those of the rest of the community. Mr. Anderson moved to file the communications. The motion was seconded by Hr. Webber and adopted. should proceed under the so-called long form, the City Attorney advising, homever, that if the city desires to It can proceed under the short form since i~ omns all the property abutting the south side of that portion of Frontier Road proposed to b closed and said property is located in the subdivisioh in mhlch said street was dedicated. Mr. Anderson moved to table the matter ontil the next regular meeting of Council and to direct the City Clerh to furnish the attorney for the petitioners with a copy of the City Attorney*s opinion, The motion was seconded by Dr.'Cornell and adopted. PURCHASE OF PROPERTY-STREETS A~D ALLEYS: Council at its meeting of April 11, 1960, having tabled until its next regular meeting a recommendation of the City Manager that Council authorize the acquisition of seven parcels of land needed for street purposes in connection with the Mhiteside Street (Patrick Henry Boulevard) project, the matter was again before the body. Mrs. Pickett moved to table the matter until the first regular me,ting of Council at which Mr. Young will be present. The motion was seconded by Mr. Webber and adopted, Mr. Dillard voting no. CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PARKS AND PLAYGROUNDS-SCH00LS: Council at its meeting of April 4, 1960, having directed the preparation of an Ordinance providing for acceptance of the offer of Miss Lottie Fo Stewart to convey to the city a right of way for a water main across her property at 262B Guilford Avenue, S. W., for $250.00, Mr. Anderson offered the following emergency Ordinance:' (m14027) AN ORDINANCE authorizing the acquisition of a perpetual easement for right of way fora water main across Lot lO, Block 7, according to the map of Grandin Court, frog Miss Lottie F. Stewart for a consideration of $250,00; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 121.) 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, Cornell, Dillard, Pickett, Webber, and the President, Mr. Wheeler ....................... 6. NAYS: None ..........................O. (Mr. Young absent} 361 TRAFFIC-~STER PLAN~ Council ut its meeting of April 11, lgGO, baying directed the preparation of an Ordinance requesting the Department of Nighmays or the Commonuealth of Virginia to conduct n traffic surrey In the city at un estimated cost of $$6.000.00, the city agreeing to pay 25 per cent of the cost thereof, the Ordinance mas presented by the City Clerk. Mr. Mebber moved to table the matter until the regular tearing of Council May 9, 1960. The motion mas seconded by Mr. Anderson and adopted. MOTIONS AND MISCEL~NEOUS BUSI~ESS~ DEPARTMENT OF PUBLIC NELFARE: Mr. Charles Lee DJckerson, a welfare client, appeared before Council arid stated that he has been advised'by a caseworker of the Melfa£e Department that his allotment of $76.00 per month will be reduced. Mr. Dickerson advising that he is hardly able to subsist on hJa present allotment and does not understand why it is necessary to reduce it. since his allotment is now below the standard set by the Federal Government for cases such as bis. Mr. Mebber moved to refer the matter to the City Manager for study and report. The motion mas seconded by Mr. Anderson and adopted. SALARY AW MAGE PLAN: Mr. Dillard stated that shortly after the first of the year Council referred to the City Manager for study and recommendation certain requests for reclassification of positions under the Salary and Mare Plan on which the City Manager has not reported. The City Manager advised that he will submit his report on the matter at the next regular meeting of Council. There being no further business, Council adjourned. APPROVED / 3.62 COUNCIL~ REGULAR MEETING, Monday. April 25, 1960, The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Building, Monday, April 25, 1960, at 2:00 o°clock, p,m,, the regular meeting bout, with the President, Hr, Wheeler, presiding. PRESENT: Council members Anderson, Cornell, Dillard, Pickett, #ebber, and the President, Mr. Wheeler ..................... ABSENT: Mr. Young ..................... OFFICERS PRESEN'I: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. ]hlttle, City Attorney, Mr. Barry R. Yates, City Auditor, and Hr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened mith a prayer by the Reverend M. Carroll Freeman. Superintendent of the Roanoke District of Methodist Churches. MINUIES: Copy of the minutes of the regular meeting held on April lB, lqGO, ~ving been furnished each member of Council, upon motion of Mr. Anderson. seconded by Mrs. Pickett and adopted, the reading was dispensed with and the minutes approvedil as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a petition from fifteen resi- dents of Jerome Street. S. E., requesting that said street, between Riverdale Road and Edgerton Avenue, be paved during the 1960 program, Mr. Webber moved to refer the matter to the City Rnnager for study and recommendation. The motion was seconded by Mr, Dillard and adopted. SENERS AND STORM DRAINS: The City Clerk presented a Resolution of the Board][ of Supervisors of Roanoke County. requestin9 that the contract of September 28, 1954!! between the City of Roanoke and the County of Roanoke, dealing with the treatment of: wastes, he amended by adding thereto a 12.66 acre tract Of domestic and commercial land lying on the west side of 5tare Route 613. adjacent to Arlington Hills Subdivi-{i sion, and east of U. S. Route 221 south of the city. Mrs. Pickett 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 Dr. Cornell and adopted. REPORTS OF OFFICERS: BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager requested an appropriation of $230.00 for the purchase of filing equipment for the Juvenile and Relations Court. advising that the equipment is necessary for current operai Domestic tions. Dr. Cornell moved to concur tn the request Of the City Manager and offered ] the following emergency Ordinance: (~1402§) AN ORDINANCE to amend and teordain Section #144, "Departmental Equipment and Improvements," of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 122.) 363 Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mvo Mebber and adopted by the following vote: AYES= Council members Anderson, Cornell, Dillard, Pickett, Webber, and the President, Mr. Wheeler ...................... NAYSt None .........................O. (Mr. Young absent) BUDGET-ANNEXATION= The City Manager requested an appropriation of $1,3H5.5~ to provide for payment of services rendered by Nlley and Milson, Consulting Eagineel for the montb of March, 1960, in connection uith the annexation proceedings. Mr. Anderson moved to concur ia the request of the City Manager and offered the following emergency O~dinance: (~14029) AN ORDINANCE to amend and reordain Section MISS, "Annexation,# of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 24, page 123,) Mr. Anderson m~ved the adoption of the Ordinance. The motion uaw seconded by Mrs. Pickett and adopted by the following vote: AYES= Council members Anderson. Cornell, Dillard. Plck~tt. Webber, and the President, Mr. Wheeler ........................ NAYS= None ...........................O. (Mr. Young absent) HUDGHT-DEPAHYMENT OF PUBLIC MORKS-SCHOOLS: The City Manager reported that the old Hainsboro School. recently abandoned by the School Board and turned back to the City Government. ia a public hazard and should be torn down, the City Manager requesting u transfer of $1,500.00 from the account contained in the 1960 budget the purchase of trucks for refuse collection and disposal to the account for con- tractors under Maintenance of City Property, to provide for demolition of the building. Mr. Webber moved to concur in the request Of the City Manager and offered the foil.wing emergency Ordinance; (~14030) AN ORDINANCH to amend and reordain Section ~87. "Maintenance of City Property." and Section n144, "Departmental Equipment and Improvements." of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 123.) 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, Dillard. Pickett, Webber. and the President. Mr. Mheeler ...................... 6. NAYS: None .........................O. (Mr. Young absent) PARKS AND PLAYGROUNDS: The City Manager reported that the United Stated Air Force has donated to the City of Roanoke a F-94C Jet Aircraft which is located ut Olmsted Air Force Base near Harrisburg. Pennsylvania, and that WDBJ Radio-Televi. sion and the Kroger Company have agreed to pay the cost of dismantling and reasaemblin9 the aircraft and moving it to Roanoke provided the city will furnish tm. flat-bed trucks on which to haul the aircraft, the City Manager requesting that Council authorize use of the two trucks by Resolution. .364 Mrs, Pickett moved to concur ia the request nad offered the following Resolution: (o14031) A RESOLUTION authorizing the City Reneger to permit the use of two City-owned trucks for the purpose of transporting certain property from Olmsted Alt Force Base, Pennsylvania, to the City. (For full text of Resolution, see Resolution Book.No. 24, page 124,) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Hr, Anderson and adopted by the folloming vote: AYES: Council members Anderson, Cornell, Dillard, Plckett, Webber, and the President. Mr. Rheeler ..................... 6. NAYS: None ........................O. (Hr. Young absent) pURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager requested that Council adopt an Ordinance dedicating certain portions of the Monterey Elementary School site for street purposes for the widening and improving of Hollies Road, hrs. Pickett moved to concur in the request and offered the following emergency Ordinance: (#14032) AN ORDINANCE dedicating certain public property ~r the purpose of widening and improving Hollio$ Road, N. B.; and providing for an emergency. (For full text of Ordinance, see Ordinance B~ok No. 24. page 124.) 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. Coreell. Dillard. Pickett. Rabbet, and the President, Hr. Nheeler ..................... NAYS: None ........................O. (Mr. Young absent) BUDGET-PLANNING: The City Manager submitted a report of the Director of Planning, advising that the average daily activities of the Planning Department. sucl as subdivision control and rezonin9 cases, leave klttle available time for work in connection with a master plan, and that a subcommittee of the City Planning Commis- sion has been working for two years to prepare a proposed new Zoning Ordinance which prior to its presentation to Council, must have prepared for presentation along therewith a land use map of the city which should be available to the Commission by August of this year. the City Manager recommending, in order to provide the Planning Commission with necessary personnel and facilities to permit it to proceed with its work,-that Council appropriate $892.50 to provide for a full=time secretary in the Planning Department; $2.270.00 for a full-time draftsman; $1,O00.OO for temporary field survey personnel; ~80.00 for car allowance for the Assistant Planning Engineer ~350.00 for additional stationery; $50.00 for an additional phone; and $240.00 for ~urchase of two filing cabinets for the remaining eight months of the year. Mr. Mebber moved to concur in the recommendation of the City Manager and *ffered the following emergency Ordinance: (~14033) AN ORDINANCE to amend and reordain Section #130, "Planning Commas- m 365 '(For fall tezt of Ordinance, see Ordinance Book No. 24. page 125.) Mr, Webber moved the odol~lon of the Ordinance. The motion mss seconded by Mrs. Pickett. Dr. Coraell then offered a substitute motion to table the matter until such time as Council can hold a meeting with the City Planning Commission to discuss the plans of the Commission. The substitute motion died for lack of a second. The motion of Mr. Webber was then adopted by the following'vote: AYES: Council members Anderson. Cornell. Pickett, Mebber,and the President Mr. Nheeler ................................ S. NAYS: Ir. Dillard .................1. (Mr. Young absent) SALARY Ah~ WAGE PLAN: The City Manager reported that he has studied the request of the Clerk of the Courts that four employees of the Office of the Clerk of the Courts be reclassified under the Salary and Wage Plan. two from Grade 11 to Grade 9; one from Grade 12 to Grade 9; and one from Grade 13 to Grade I0, which referred to him by Council at its meeting of February 23. lqGO. the City Ranager advising that he is unable to justify reclassification of the positions as requested Since no data to justify the request has been presented to his office. Mr. Webber moved to table the matter for consideration along with the lgSl budget. There being no second, the motion was lost. Mr. Dillard then moved to refer the matter back to the City Manager for restudy, with instructions that he confer with the Clerk of the Courts in such restudy and submit his report and recommendation thereon to Council. The motion wans, seconded by Dr. Cornell and adopted, Mr. Webber v,tin9 no. SALARY A~ WACE PLAN: The City Manager reported that he has again studied the request of the Judge of the Juvenile Court concerning the classification of Probation Officers, and based upon such study and an analysis of the jobs, he recom- mends that the position of Probation Officer be reclassified from Group 11 to Croup 10, and that a new position of Senior Probation Officer be created and classified in Group 9, the City Manager advising that the creation of the new position will aB~w more supervision in the court and will not require additional personnel since it i$ presently planned to moved two of the Probation Officers into the Senior Probation Officer classification. Dr. Cornell moved to concur in the recommendation of the City Manager and that necessary job descriptions and an Ordinance amending the Salary and Wage Plan he prepared for presentation to Council. The motion was seconded by Mr. Dillard and adopted. The City Manager then reported that he has again studied the request of the City Auditor for reclassification of the position of Assistant City Auditor, and that based upon his studies, he recommends that the position of Assistant City Auditor be reclassified from Group 4 to Croup 2. Mr. Dillard moved to table the recommendation. The motion mas seconded by Dr. Cornell.. $66 Mr, Webber then offered u substitute motion to concur iu the recommendation of the City Manager for reclassification of the Assistant City Auditor and that the necessary papers be prepared for presentation to Council, The motion was seconded by Mr. Anderson and adopted, Messrs. Cornell and Dillard voting ag, Mr, Webber then moved to direct the City Manager to make a study aa to the adequacy of the entire Salary and Wage Plan and present the same to Council along with his recommendations prior to its study of the 1961 budget, The motion mas seconded by Mr, Anderson and adopted, Messrs, Cornell and Dillard voting no, BUDGET-CITY JAIL: The City manager reported that he has presented a claim to the United States Government for damages amounting to $3,692,00 to the Roanoke City Jail caused by u federal prisoner, as directed by.Council at its meeting of March IS. lgGO, and that the United States Marshal in Roanoke has transmitted to him a letter from Myrl E. Alexander, Assistant Director of the U, S, Bureau of Prisons, stating that the Dureau is unable to reimburse the city for costs in connection with repairing the Jail since the Comptroller General of the United States has ruled that the daily rate for support of federal prisoners in local jails covers all expenses incident to their care, except items specifically excluded by contract, Mrs, Pickett moved to file the report, The motion was seconded by Mr, Anderson and adopted. DEPARTMENT OF PUBLIC WELFARE: The City Manager reported that he has investigated the complaint of Charles Lee Dickerson, a welfare client, as referred to him by Council at its meeting of April 18, 1960, that he has been advised by the Department of Public Melfare that Mr. Dickerson*s grant has been reduced from $76,0D!i per month to $65.00 per month, effective Ray 1, 1960, by reason of a reduction in his rental costs occasioned by removal of his residence, and that the reduction in the allotment of Mr. Dicketson mas made in accordance with the state and federal regulations covering public welfare allowances. Dr. Cornell moved to file the report, The motion was seconded by Mr, Dillard and adopted, REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: STREETS AND ALLEYS: Council at its meeting of April 18, 1960, having tabled until its next regular meeting a petition from Dora C. McDanielo et al., requestin9 that a portion of Frontier Road, N. W** be vacated, discontinued and closed, the City Clerk presented a communication from Mr. Richard T. Edwards, Attorney for the peti- tioners, withdrawing the request and advising that a new petition will be filed in accordance with the law as reported by the City Attorney. Dr. Cornell moved to file the communication and strike the matter from the Councilmanic agenda, The motion was seconded by Mr. Dillard and adopted. ZONING: Council at its meeting of April 11, 1960, having referred to the City Planning Commission for study and recommendation the request of Mr. F. R. Kollmansperger that property lying on the north side of Memorial Avenue,. S. Wa, at Denniston Avenue, designated as Lot 15, Block 5, Section 1, Virginia Heights, be rezoned from Special Residence District to Business District, the Commission submltt its report, advising that, in its opinion, rezoning of the property would result in ':.367 depreciating the values of existing homes sad be contrary to the best interest of the majority of the property namers who have lived in the immediate area for a long period of time, the Commission therefore recommending denial of the request. The City Clerh advised that the Attorney for the petitioner has requested that Council table the matter for one meek to permit him time to determine whether or ant bis client desires a public hearing in the matter, Me, Mebber moved to table the matter until the ~xt regular meeting of Council. The motion sas seconded by Dr. Cornell amd adopted. ZONING: Council at its meeting of April lO, 1960. having referred to the City Planning Commission for study and recommendation a request of Nr. Jack R. Msan et ax.. that their property located at 412 Mulnut Avenue, S. E.. be rezoned from Special Residence District to Business District. the City Planning Commission sub- mitted its report, advising that this property is adjacent to property mhich the Planning Commission, on April 6. 1960. recommended be rezoned to Business District. and that in the opinion of the Commission, renaming of the lots in question ~ould be s natural extension Of the Business District and not contrary to the public interest the City Planning Commission therefore recommending that Council grant the request. Mr. Mebber moved to hold a public hearing in the matter at 2:00 o'clock. p.m.. May 23, lgdO, in the Council Chamber, and to direct the Attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Dr. Cornell and adopted. STREETS AND ALLEYS: Council at its meeting of April lB, 1960, having referred to the City Plannin9 Commission for study and recommendation a request of John M. Hancock, Jr.. ]ncorporate~. et al., that an unnamed street or alley lying to the rear of Lots 6-36. inclusive. Block 14. Crystal Spring Land Company. and north Of McClanahan Street, S. M., be vacated, discontinued and closed, the City Planning Commission submitted its report, advising that upon consideration of the fact that the alley has never been opened and has no public utilities located there- in, in its opinion, there is no public necessity for retaining said alley, and recommending that the request of the pe~itioners be granted. Mr. Webber moved to set a public hearing in the matter for 2:00 o'clock, p.m., May 23, 1960, in the Council Chamber, and tO direct the Attorney for the petitioners to prepare tbe 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 Dr. Cornell and adopted. BRIDGES-STREETS AND ALLEYS: Council at its meeting of April lB, 1960, having referred to the City Planning Commission for study and recommendation the request of Roanoke Electric Steel Corporation that the City of Roanoke request the Department nY Highways ~ the Commonwealth of Virginia to construct a bridge over Peters Creek at the city limits on Miller Street, the city to pay one.half of the cost Of said bridge, and also that the city construct a heavy duty road for the 0.2 mile of Miller Street in the city from Shenandoah Avenue to the proposed bridge, ;368 the City Planning C0mml~sien submitted its report, advising thor it approves and recommends the'constructlonof'the proposed bridge, and furthers thet it recommends construction of the access read ntn minluum midth of sixty feet. The City Manager advised Council that he has commitments for dedication of the necessary right of may to provide for the 60-f0ot street recommended by the Planning Commission. DF. Cornell then offered the follouing emergency Ordinance: (s14034) AN ORDINANCE providing for the construction of n bridge over Peter Creek at tee West corporate limit of the City, on Miller Street. N. W.. at the Joint expense of the Commonuealth of Virginia and the City of Roanoke; and providing for an emergency. (For full text of Ordinance; see Ordinance Rook No. 24, page 126.) Or. Cornell movedthe 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. Mheeler ...................... 6. NAYS: None .........................O. (Mr. Young absent) Dr. Cornell then offered the folloulng emergency Ordinance appropriating funds necessary for construction of the bridge and roadway: (x14035) AN ORDINANCE to amend and reordain Section x140, "Street Construc- tion." and Section s142, "Transfer to Improvement Fund." of the 1960 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 127.) Dr. Cornell 'moved the adoption of the Ordinance. The motion was seconded by Nr. Anderson and adopted by the follouing vote: AVES: Council members Anderson, Cornell, Dillard, Pickett, Webber, and the President, Mr. Wheeler ..................... 6. NAVS: None ........................O. (Mr. Young absent) CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOIIONS AND MISCELLANEOUS BUSINESS: SIGNS: Mr. W. L. Hamburger, representing the Roanoke Valley Society for th Prevention of Cruelty to Animals. appeared before Council and presented a request that the Society be granted permission to place a directional sign on city property of Thirteenth Street and Orange Avenue. N. E.. to indicate the at the intersection location of the new animal shelter being built by the Society. Mr. Dillard moved to direct the City Attorney to prepare the necessary Resolution granting the permission requested. The motion was seconded by Dr. Cornell and adopted. TRAFFIC-SEMERS AND STORM DRAINS-STREETS AND ALLEYS: Mr. E. R. Nichols, 2631 Chatham Street, N. W.. appeared before Council and presented a petition requesting that Council provide storm drain facilities for the elimination of storm~ water on Chatham Street, pave said street, and install a traffic light at the The City Manager advised that he is studying the matter and will present a report thereon to Couflcil at its next meeting. There being no further business, Council adjourned, APPROVED dent · 370 : COUNCIL, REGULAR MEEYING, Monday, May.2, 1960. The Council o! the City of Roanoke wet in regular me, ting in the Council Chamber in the Municipal Building. Monday. May 2. If60, at 2:00 o'clock, p.m** the regular meeting.hour..mith thePresident. Mr. Mheeler. presiding. PRESENT: Council members Anderson. C,mall. Dillard. Pickett. Mebber. Young, and the President, Mr. Wheeler .......... 7. ABSENT: None ..........................O. OFFICERS PRESENt: Mr. Arthur S. 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 mas opened with a prayer by the Reverend Harry Gamble. Pastor. Calvary Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, April 25, lgGO, having been furnished each member Of Council, upon motion of Mr. Anderson, seconded by Dr. C,mall and adopted, the reading was dispensed with and the minutes app .... d ....... dad. REARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 ,*clock, p.m., Monday, May 2, lgGO, onthe request of the Raleigh Court Corporation, et al., that Lots 1, 2 and 3, Block 20. Raleigh Court Map, Official Tax Nos. 1450701, 1450702, and 1450703, located on the southeast corner Of Brandon Avenue and GrandAm Road, S. be fez,ned from General Residence District to Special Residence District, and notice of the hearin9 having been published in The Roanoke World-News on April 15, 1960, l and the City Planning Commission havifl9 previously recommended that the request be granted, the hearing was held. i Mr. John D. Copenhaver, Attorney for the petitioners, and appeared advised t that agroup of doctors have a contract for purchase of this property upon which l they propose to erect a building to serve as their offices, that they propose to lprovide off-street parking sufficient for themselves and their staffs, as well as ~their patients, that the doctors intend to erect a building Of the type which will tblend the property in such a way that it will in the neighborhood, and maintain i not detract from the residential character of the neighborhood, further, that they do not propose to maintain evening office hours in consequence of which the clinic parking facilities could be made available in the evenings and on Sundays for people in the vicinity and for the two churches immediately across GrandAm Road. Appearing in support of the rezoning request were Mr. E. P. Petticrem. 1902 Brandon Avenue, S. W.; Mrs. C. B. Patterson. 1952 GrandAm Road, S. W.; and Mr, LamAs Llonberger, Christ Evangelical Lutheran Church, 2011Brandon Avenue, S. M. Mr. J. A. Turner, representative of the Raleigh Court Land Corporation, owner of the property, appeared and stated that his corporation has never agreed to sell land for commercial purposes, and has agreed to the sale of this property for use as a medical clinic only because it feels that it would not be harmful to the residential character of the neighborhood since the entire area around the intersec- tion has become institutional in character. 371 Also appearing in favor uss Hr. William P. Wallace, the real estate ·gent handling the sale between the Raleigh Court Land Corporation ond the doctors con- icernede Hr. W. F. Ring, Jr., 1939 Crandin RD·d, S. W.. appeared before Council and presented · petition signed by 141 residents of the general are· opposing the rezoning of the land ·t the .intersection involved on the basis that it will be detrimental to the residential character of the neighborhood and will increase the traffic situation at the intersection which is already bud. Mr. Jack B. Coulter, Attorney for Wt. Curtis E. Fuller. owner of ·dj·cent lots, appeared before Council and stated that his client is opposed to the rezoning, bat feels that if Council decides to rezone the property in question, it should also rezone his property on which a public hearing is scheduled this same date. Mr. Copenhaver then requested that Council concur in the recommendation of the City Planning Commission and rezone the property of his client as requested. mr. aebber moved to concur in the request and offered the following Ordinance~ (=14036) 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 Lots 1, 2 and 3. Block 20, Raleigh Court Map, in the City of Roanoke. Virginia, rezoned from General Residence District to Special Residence District; and WHEREAS. the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Special Residence District as requested; and WHEREAS, notice required by Title XV. Chapter 4, Section 43, of The Code of the City of Roanoke, 1955, 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 Jn the said newspaper was bald on the 2nd day Of May. lgGO, 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 igiven 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 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 southeast corner Of Brandon Avenue and Grandin Road in the City of Roanoke. described as Lots 1. 2 and 3, Block 20. Raleigh Court, des- ignated on Sheet 145 of the Zoning Map as Official Tax Nos. 1450701, 1450702. and 1450703. be. and is hereby, changed from General Residence District to Special Residence District and the Zoning Map shall be changed in this respect. ~-'3.72 by Mr. Anderson and adopted by the following vote: AYBS~ Council members Anderson. Pickett. Webber. sad the President. Mr. Mheeler ......................................? ................................. 4. NAYS~ Council menbers Cornell. Dillard. and Young ......................3. ZONIND~ A public hearing having been set for 2:00 o'clock, p.m.. Monday. May 2. 1960. on the request of Mr. Curtis E. Fuller that Lots 4 and 5. Block 20. designated as Official Tax Nos. 1450703 and 1450704. be r,zoned from General Resi- published in The Roanoke #,rid=News on April 15. 1960. and the City Planning Commis- yard, N. E. AUDITS-JUVENILE AND DONESTIC RELATIONS COURT: The City Clerk presented a report of the Auditor of Public Accounts of the Commonwealth of Virginia. coy,Fin9 '373 Hr. Dillard moved to file the report. The motion mas seconded by Hr. Young and adopted. REPORTS OF OFFICERS: BUDGET-STREETS AI~ ALLEYS: The GiLl Manager presented a request of the Director of Public Norks for aa appropriation of $100,000,00 for extension of the 1960 street paving contract and program, advising that the present contract for $200,000.00 is approximately sixty per cent completed and should be finished in the next tmo or three meeks, that the cost for blacktop paving covered by the present contract is favorable, and, mhile the $100.00.00 requested mill not be enough to do the Job as mall as he mould like to see it done. it mould go a long may tomard alleviatin9 the disrepair conditions of the streets, the City Manager advising Council that after completing the presently authorized program the streets mill be in fairly good shape although additional paving would be helpful. Mr. Mebber moved to table the matter. The motion nas seconded by Mr. Anderson and adopted. Nessrs. Gornell and Dillard voting no, BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager requested that Counc~ litransfer $6.000.00 from Aid to Permanently and Yotaliy Disabled, to Aid to Permanentl iand Totally Disabled. Medical-Vendor; $12.650.00 from Old Age Assistance, to Old Age Assistance, Medical=Vendor; and ~,900.00 from Aid to Blind, to Aid to Blind. Medical. Vendor; in the Public Assistance account of the 1960 budget, advising that the request is made because of the demand in the categories covering persons needing medical attention which means those persons would be shifted from the other catego= Nr. Anderson moved to concur in the request and offered the following emergency Ordinance: (#14037) AN ORDINANCE to amend and reordain Section c52, "Public Assistance, of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance nook No. 24, page 129.) Mr. Anderson moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett. Nebber, Young, and the President, Mr. Nheeler ............... NAYS: None ..........................O. CIYY HOME: The City Manager submitted a report, advising that the City Nome at Goyner Springs is nom filled to capacity and due to the increasing demand for convalescent care of indigent patients, in his opinion, it is imperative that the City Nome should be enlarged, that at a preliminary conference mith state representa. tires he has been advised that there is a possilility of the city securing federal aid funds through the Hill-Burton Act for such enlargement, mhich funds mould cover approximately fifty-five per cent Of the cost of-the addition, and that an applica- tion therefor mould have to be made prior to June 15, 1960, in order to qualify for these funds, the City Manager presenting a memorandum from the Director of Public Welfare and the City Physician, requesting that an addition be constructed approxi- imately 200 feet long and 52 feet wide which mould double the present patient capacity of the institution and is estimated to cost approximately $11d,O00.O0 with ' 374 Sa additional cost of $$0.000.00 for equipment, the City Manager recommending that Council study the matter for one meek and then hear the City Physician and the Director of Public Welfare in connection thereuith. Mr. Dillard moved to table the matter until the next regular meeting of Council, daring mhich time the body may study the question, and to henr the Dlrectos of Public Melfare and the City Physician at said meeting. The motion nas seconded by Mr. Anderson and adopted. SIDEWAL~, CURB AND GUTTER-STREETS Ah~ ALLEYS: The City Manager submitted at offer Of M. and V. p. Shremsburz C. L. and M. M. Williaason. R. L. Carter, S. Jnspen. and H. Kilby to convey to the city a five-foot strip of land Off the front of their respective properties for street midening purposes in exchange for the construction of sidewalk at the city's expense in front of said properties located on Fleming Avenue. N. E** between Bohon Street and MhitesJde Street, the City Manager advising that this mill eliminate a narrow section of the street involved and provide a continuous sixty-foot right of way through the block, and therefore recommendtn9 acceptance of the offers. Mr. Dillard moved to direct the City Attorney to prepare the necessary Ordinances and papers to accept the offers. The motion mas seconded by Mr. Mehher and adopted. TRAFFIC: The City Manager submitted a report as prepared by the Superintend ant of Traffic Engineering and Communications, concerning the traffic markings and controls placed at the intersection of Vinton Road and Orange Avenue. N. E.. advising that as a result of a traffic survey at the intersection mhich indicated that a hazardous condition exists by reason of certain obstructions to sight clearance, thc narrow pavement width of twenty feet on Vlnton Road, and parking alongside of Shorty Place on the east side of Vinton Road at the intersection of Orange Avenue, a *no parking" buffer zone the width of a conventional sidewalk has been painted on the street on both Vintou Road and Orange Avenue, and it is intended to place "no parkifl, signs along the street to enforce the *no parking# provisions at these points, and later to install traffic signals at the intersection. After considerable discussion of the matter. Dr. Cornell moved .to direct the City Manager to have the lines which have been painted on the streets in the front and along the side of Shorty*s Place removed immediately. The motion sas seconded by Mr. Dillard and adopted. SEWERS AM STORM DRAINS: The City Manager submitted a tabulation of bids received by the Purchasing Agent for construction of a sanitary sewer across Thrasher Park from Carvin Street to Vlnton Road, No K., and in Vinton Road 571 feet northward tomard Orange Avenue. advising that Mr. J. J. Kerr, owner of the Gulf Oil Station located at the southwest corner of Orange Avenue and Vinton Road, has agreed to pay $1.025.65, being one-half the cost for constructing the sewer STl.feet in Vinton Road, the City Manager recommending that Council accept the low bid submitted by Sherrill Dudley in the amount of $0.566.20 for construction of the sewer. Mr. Webber moved to direct the City Attorney to p~epare the necessary papers carry out the recommendation of the City Manager. The motion was seconded by Mr. Young and adopted. 375 BUDGET-SALARY AND WAGE PLAN: The City Manager reported that l~ connection with a petltloo frow certain city employees requesting a cost or living increase in salaries and wages, which was referred to him by Council at its meetin~ or April Il, 196o, for study end recommendation, he r~comweads that Council authorize him to employ Public Administration Service of Chicago, Illinois, to study end evaluate the clty*s Salary and Wage Plan at a cost of $1,500.00, which would require au appropri- ation in that amount, BF. Anderson moved to concur in the request of the City Manager. The motion was seconded by HFS. Pickett. Mr. Young then offered a substitute motion that Council study the Salary and Mage Plan and make such adjustments therein as are necessary in connection wlth the 1961 budget. The motion wzs seconded by Mr. Dillard and adopted. Uouncil members Anderson and Pickett voting no. REPORTS: The City Manugersubmitted a report of the Department of Public Welfare for the month of #arch° 1960, and reported other departmental reports on file in his office. Mr. Dillard moved to file the report. The motion was seconded by Dr. Cornel and adopted. REFORYS OF COMMITTEES: NONE. UNFINISHED BUSINESS: PURCHASE OF PROPERTY-STREETS AN~ ALLEYS: Council at its meeting of April Il 1960, having tabled for three weeks a recommendation of the City Manager that the body authorize acquisition of seven parcels of land mhich he advised is needed for street purposes in connection with the Whiteside Street (Patrick Henry Boulevard) ~roject, the matter mas again before the body, Mr. Webber moved to table the matter for consideration along with the lqbl ~udget. The motion was seconded by Mr. Dillard and adopted. CONSIDERATION OF CLAIMS: NONE. XNTRODUG'EION AND CONSXDERATION OF ORDINANCES AND RESOLUTIONS: SIGNS: Council at its meeting of April 25. 1960, having directed the pre- 2aration of a Resolution granting permission to the Roanoke Valley Society for the *revention of Cruelty to Animals to erect a directional sign on city property at the intersection of Thirteenth Street and Orange Avenue. N. E., Dr. Cornell offered the following Resolution: (~14038) A RESOLUTION granting a permit to the Roanoke Valley Society for the Prevention of Cruelty to Animals to install a small directional sign on City property. (For full text of Resolution, see Resolution Book No. 24. page 126.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Br. Dillard and adopted by the following vote: 376 AYES: Council members Anderson, Coraell, Dillsrd, Bicketto Mebbero Young. and the President, Mr. Nheeler ............. 7. NAYS~ None ........................ O. MOTIONS AND MISCEL~NEOUS BUSINESS~ NONE, There being no further business. Council adjourned. APPROVED ~~ldent COUNCIL. SPECIAL MEETING. Thursday. May S. 1960. · The Council of the City of Roanoke met in special meeting in the Lee Junior High School Auditorium. Thursday. May S, la60. at 7:30 o*cloch0 p.m** with the President. Mr. Wheeler. presiding. PRESENT: Council members Anderson. Corn,Il, Dillard, Pickett. Webber, Young. and the President, Mr. Wheeler ........... T. ABSENT: None ...........................O. OFFICERS PRESENT: Mr. J. R,hart Thomas. City Clerk. MASTER PLAN-AUDITORIUM: The Mayor announced that the meeting is being held for the purpose of conducting a public hearing at which citizens of the city can submit their suggestions relative to the proposed municipal auditorium, notice of which hearing was published in The R,an,he Times on April 24. la60. end Ray 1. la60. and In The Roanoke #orld-News on April 28, 1960. The Rayov gave a resume of action on the part of the city with reference to the proposed municipal auditorium to date. Mr. N. P. Booker, representing the Roanoke Chamber of Commerce. appeared and presented a statement of that organization, advising that after many months of exhaustive study it presented to the City Council in May, 1959, a report embody- ing its findings in connection with the proposed municipal auditorium in which it had recommended that Council immediately acquire a site for a municipal auditorium and coliseum, that since submission of that report, the Valley Development Corpora- tion has announced its intent to build a coliseum in the city, which announcement resulted in a restudy by the Chamber of Commerce. and that the Chamber of Commerce now recommends that Council accept the property offered by the Norfolh and Western Railway Company. construct thereon an auditorium adequate to the needs Of the community, and acquire, additional nearby land to provide adequate parking. Mr. M. Carl Andrews appeared before Council and filed a statement in which he endorsed the recommendations of the Roanoke Chamber of Commerce, as amended, and urged Council to submit a bond issue proposal to a referendum of the people to provide for the construction Of the auditorium. Mr. Burnette Caldwell, Jr., President of the Roanoke Junior Chamber of Commerce. appeared and presented a Resolution of that organization, urging Council to take necessary action to construct an auditorium at the earliest practicable datt Of such size and upon such site as determined best suited by Council. Messrs. Barton W. Morris, Jr., and R. C. Parrott, representing the Roanoke Fine Arts Center, appeared and urged that Council proceed immediately with the construction of a municipal auditorium of such a design that will be suitable for conventions as well as drama and music activities. Mrs. Harry E. Dixon, President of the Women's Auxiliary, Roanoke Symphony Society, presented a communication in which the Society urged that the city proceed immediately with the construction of a municipal auditorium, and that such audito- rium be designed and constructed with necessary facilities and acoustical control for symphonic renditions. 377 '~378 Mr. Milliew H. Pierce, President of the Roanoke Broadway Theater League, presented a statement of that organization urging that Council proceed immediately with the construction of an auditorium es recommended by the Chamber of Commerce with a maximum seating capacity of 2.500, since it considers that acoustical ~roblems are almost insurmountable In a larger structure, the League pledging its support financially and otherwise. Rrm. George S. Hurt, representing the Thursday Rorning Music Club, appeared nnd urged Council to proceed immediately with the construction of a municipal auditorium as recommended by the Chamber of Commerce. stating, however, that in the opinion of the Thursday Morning Music Club the seating capacity should be a minimum of 3.000, and that the building should be constructed with an elevated floor in order to assure that it will he suitable for theater presentations. Mr. id. p. Wallace, President of the Roanoke Real Estate Hoard. Incorporated, appeared and presented a statement of that Board. advising that in its opinion a city auditorium is a definite must in the city*s future, that it will assure the city an opportunity to enjoy things of entertainment and cultural value in comfort, and will be a delimit economic advantage in attracting conventions and large groups to the city, the Hoard, therefore, endorsing the recommendations Of the Roanoke Chamber of Commerce. Dr. Laurence E. Paxton appeared before Council and endorsed the report and recommendations Of the Roanoke Chamber of Commerce. Mr. C. J. Robert$on. President. and Mr. J. Hunter Roberts, Vice-President ana Treasurer, of Valley Development Corporation. appeared and advised that they expect to begin construction of a coliseum for handling sports events and trade shows and displays in the very near future, and that they are not opposed to the city con- structing a municipal auditorium but would object to inclusion in such auditorium of exhibit space which would be in competition to their coliseum, advising, however. that in their opinion the site offered by the Norfolk and Western Railway Company is in a congested area which is not suitable for a municipal auditorium. A communication from Mrs. Patricia Charles was presented, endorsing the report and recommendations of the Roanoke Chamber of Commerce. A communication from Mr. lsadore Forman was presented, in which he endorsed the recommendations of the Roanoke Chamber of Commerce, but suggested that Council consider construction of the building in such manner as to permit parking of auto- mobiles on the top Of the building, using ramps for access. A communication from Dr. E. H. Real of the Children*s Clinic was presented. heartily approving the construction of a municipal auditorium on the site offered by the Norfolk and Western Railway Company. A communication was presented from Mr. Frank A. Eades. endorsing the proposa'. Of the Roanoke Chamber of Commerce, but recommending that the auditorium be built with a seating capacity of 5,000 persons. Mr. John A. Shires. representin9 the Roanoke Hotel Association, appeared and advised Council that his Association, composed of the managers of various hotels mithin the city. endorses the proposals as submitted by the Roanoke Chamber of Approximately one hundred persons attended the hearing and no opposition was voiced. The Mayor directed that all communications be filed and copies be furnished to the auditorium committee of Council. There being no further business, Council adjourned. President "380 COUNCIL, REGULAR MEETING, Monday. May 9. 1960. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. Way 9. 1960. at 2:00 ,°clock. p.m.. t~ 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: 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 Air,rd M. Beardslee. Chaplain. Hollifls College. MINUTES: Copy of the minutes of the regular meeting held on Monday.' May 2. 1960. 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 MAT~ERS: ZONING: A public bearing having been set for 2:00 ,*clock. p.m.. Monday. May 9. 1960. on the request of Harold E. Rowe. et mx.. that their property lying on the northeast corner of Walnut Avenue and Piedmont Street. S. E.. being a portion of Lots 1. 2 and 3. Section 23. Roanoke Gas and Water Company. he res,ned from Special Residence District to Business District. and notice of the hearing baying been published in The Roanoke World-News on April 22. lgGO. and the City Planning Commission having previously recommended that the request be granted, the hearing was held. Mr. T. L. Plunkett. Jr.. Attorney for the petitioners, appeared and advised Council that his clientshave a contract for sale of the property to an oil company for the purpose of erecting a filling station thereon. Mr. Plunkett requesting that. in view of the statement Of the City Planning Commission that the property is more suitable for business than residential purposes and that fez,ming thereof would not adversely affect the values of nearby residential properties. Council concur in the recommendation of the City Planning Commission and grant the request of his clients. Mr. Norvell W. West appeared before Council and presented a petition signed by twenty-six residents of Walnut Avenue. $. E.. in the vicinity of the property in question, opposing the rezontng request. It appearing that Council has set a hearing for Way 23, 1960, on the reqmst of Mr. Jack R. Mann that property lying adjacent to the Rowe property be fez,ned to Business District. Mr. Dillard moved to continue the hearing on the request of Mr. Rowe until that date. ~he motion was seconded by Mr. Webber and adopted. PETITIONS AND COMMUNICATIONS: S~REETS AND ALLEYS: The City Clerk presented a communication from Mr. Randolph Fo Jones, Jr., 3919 Whiteside Street, N. E., complaining of the dust on that street, said street being under construction and presently having a base cours~ of stone from Huntingtoo Boulevard to a point approximately four hundred feet north of Frontier Rood, and requesting that Council take necessary action to relieve the residents from this dust condition. Mr. Jones appeared before Council and presented a petition signed by ninety residents of the general area, also requesting relief from this condition. The City #manger advised that other than completing the paving of the street in question, tuo courses lie open; one, to sprinkle the street periodically during · the Meek, and the other, to surface treat the base mom in place, estimating that it Mould cost betmeen $2.500.00 and $3.000.00 to provide for the surface treatment. Dr. Cornell moved to direct the City Manager to surface treat that section of #hlteside Street to eliminate the dust until such time as the paving of the street is completed. The motion mas seconded by Mr. Young and adopted. ZONIRG: The City Clerk presented a communication from Mr. Jack B. Coulter. Attorney for Messrs. Curtis E. Fuller and ~. K. Fuller. requesting that Council reconsider its action of May 2. 1960, in which it passed on first reading an Ordi- nance rezoning from General Residence District to Special Residence District Lots I, 2 and 3, Block 20, Raleigh Court, situated on the southeast corner of Broaden Avenue and Grandin Road, S. M., pointing OUt that the City Planning Commission has previ- ously recommended that the city acquire these lots as aa adjunct to the Shrine Hill property and reiterated its recommendation in its communication of'March 4. Ir60. it which the Commission recommended granting of the request for fez,ming Of the prop- erty; that the Superintendent of Traffic Engineering of th, City of Roanoke advised Council at its previous regular meeting that this intersection is already overloaded mith traffic and that to erect a doctors* clinic On the pFope£ty in question would increase the traffic congestion thereat; that mhile Council has tentatively approved the fez,ming of the property in question over the objection of 140 citizens, it has turned down his client's request for a likerezoning of Lots d and 5, ,lock 20, Raleigh Court, owned by Mr. Curtis B. Fuller, adjoining those tentatively approved, Mr. Coulter suggesting that Council reexamine the question of acquisi~on of the property as recommended by the City Ptonnlng Commission in connection kith the plans of the Roanoke City School Board in the adjacent Shrine Hill Park area and deny the reqoest of the Raleigh Court Corporation, et al., for the fez,ming Of Lots i, 2 and $, Block 20, Raleigh Court. Mr. Coulter also presented a ~ommunication from Mr. Curtis E. Fuller, opposing th, fez,ming Of Lots l, 2 and 3, Block 20, Raleigh Court, adjacent to his property, Mr. Fuller pointing out that this represents opposition from one hundred per cent of the land area immediately adjacent to the rear Of the property of the Raleigh Court Corporation requested to be rezoned. Mr. Murray Ao Stetler, Attorney for residents of the area opposing fez,fling of the property at the intersection of Broaden Avenue and GrandJn Road, appeared before Council and presented a written protest to the rezoning of the property located on the southeast corner of Broaden Avenue and GrandJn Road. $. N~, by the Church of Jesus Christ of Latter Day Saints, 2015'Grandin Road, So M., located immediately across the street from the property in question, Mr. St,lief pointing out that the overwhelming majority Of residents Ju the immediate neighborhood has protested the proposed rezonimg, which, in his opinion, prohibits Council from adopting Ordinance No. 14036 on its second reading on a simple msJority~ that the reaching of the property In question would be detrlweotnl to the health, safety and general welfare of tbe cowmnnity, would create un additional traffic hazard mt the intersection; that the lnnd area of the lots In question is too swnll to aftord adequate off-street parking; that the proposed building would be unsightly in n residential neighborhood and mask the school improvements Jn the adjacent park; that it would create a daily hazard to the hundreds of school children who will attend those schools; nad that it would drastically reduce the value Of nearby residential property. John D. for the Court Corporation, et al., Mr. Copenhaver, Attorney Raleigh petitioners for the rezoning of Lots 1, 2 and 3, Block 20~ Raleigh Court, appeared before Council and again requested that Council concur in the recommendation of the City Planning Commission and the request of his clients for the reaching of their property. . Mr. Anderson moved to table the matter for two weeks to permit Council to ascertain from the School Board and its architects what effect the erection Of the proposed doctors* clinic on the property in question would have upon the development Of the Shrine Hill site. Yhe motion was seconded by Mr. Rebber. Dr. Coruell offered a substitute motion to call up Ordinance No. 14036 on its second reading and for a vote on its final adoption. The motion was seconded by Mr. Dillard and lost by the following vote: AYES: Council members Cornell and Dillard .............2. NAYS: Council members Anderson. Pickett. Nebber. Young, and the President. The motion of Mr. Anderson was then adopted by the following vote: AYES: Council members Anderson. Pickett. Nebber, Young, and the President Mr. Mheeler .................................................... 5. NAYS: Council members Cornell and Dillard ............. AIRPORT: The City Clerk presented a communication from Mr. ~esley V. Hillman Of the Hillman Flying Service located at the Roanoke Municipal Airport, advising that he has been trying to rent from the city the north end of Hangar No. 3, designated as Building No. 15, for some time, that this property is now under lease to two people who do not own an airplane and that he understands they are going to sublease it to someone else, that he has been unable to obtain a satis- factory answer from the Manager of the Airport, and believing that he has a right to expect this area to be leased to him in order that he might expand his business. he is requesting that Council look into the matter. Mr. Young moved to refer the request to a committee composed of Messrs. Boy L. ~ebber. Chairman, Arthur S. OMens and Harry R. Yates for study and recom- mendation. Mr. Hillman to be notified as to when the matter will be presented to Council in order that he may be present. The motion was seconded by Dr. Cornell and adopted. '383 REFUNDS AND REBATES-SEWeRS AND STORM DRAINS: The City Clerk presented.a communication from Mr..Louis A. hills.. 731Dibb Street, N. E., adyiaing that On March 31, 1960, he mas served with an official notice to connect uith the cltySa sanitary saner serving his property mithin sixty days, but that his sexer line Is too lom to get a proper drainage to the clty°s mains, end requesting that he be reimbursed $229.52 mhlch he paid as a seaer assessment against his property on August 19, 1954, since he cannot connect to the city*s sewer line. Mr. Webber moved to refer the request to a committee composed of Messrs. Arthur S. Owens, Chairman, J. Robert Thomas and John L. Wentworth for study end recommendation. The motion wes seconded by Mr. Dillard and adopted. ZONINB-SETBACK LINES: The City Clerk presented a communication from the City Planning Commission, recommendin9 that Council establish setback lines of ten feet on the south side and twenty feet On the north side Of McClnnahan Street. S. M between Jefferson Street and Franklin Road. Mr. Nebber moved to set a public bearing in the matter for 2:00 o'clock, p.m., June 27, lqBO, in the Council Chamber, and to direct the City Attorney to prepare the proper notice thereof and submit it to the City Clerk for publication. Yhe motion was seconded by Dr. Corflell and adopted. STREET LIGHTS: The City Clerk presented a communication from the Appalachiah Power Company, reporting the installation of one 2500 lumen street light in the city during the month of April, lqBO. Mr. Young moved to file the report. The motion was seconded by Mr. Dillard and adopted. STREETS A~D ALLEYS; The City Clerk presented a petition of Dora G, McDaniel et al., requesting that that portion Of Frontier Road, N. M.. extending from a point approximately 431.42 feet east of Milliamson Road in an easterly direction qUO feet to the point Of its intersection with McAfee Street. N. W., be vacated, dtscontinue~ and closed, and that Council appoint viewers to view the said property and report as required under Section 15-766 of the Code of Virginia. hr. Dillard offered the following Resolution appointing viewers as requested (ml4Oag) A RESOLUTION pr grading for the appointment of five freeholders, any three of whom may act. as viewers in connection with the petition of Dora G. RcDanJel, et al. to permanently vacate, discontinue and close, for a portion Of its length, a street known as Frontier Road. N. M., extending from a point which ia approximately 431.42 feet from its intersection with Wllllamson Road BDO feet to the intersection of Frontier Road and McAfee Street. N. M., being 50 feet in uidth, andlying between Lots g through ID, Block 1. Yardley Square Map, Lots lA through 6A, Taylor Court Map. and Dlock A, William Fleming Court, Map No. 7, in the City of Roanoke. Virginia (For full text of Resolution. see Resolution Book No. 24, page 12g.) 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, Cornell. Dillard. Pickett, Webber. Young, and the President, Mr. Wheeler .............. ?. NAYS: None .........................On '384 Nra. Pickett them mated to refer the request to the'City Pleaaiag Commlssio for study end recommendation, The motion was seconded by Mr, Young end adopted. REPORTS OF OFFICERS: ELECTIONS: The City Manager submitted 8 tabulation of bids received by the Purchasing Agent for printing the 1960 voting list and recommended the acceptance of the low bid of Hammond*s Printing and Litho. Norks mt $11.29 per page. or an estimated total cost of $5,645.00. Hr. Dillard moved to concur in the recommendation of the City Manager and offered the following Resolution: (s14040} A RESOLUTION accepting the bid of Hammond's Printing and Litho. Works for printing the City of Roanoke's 1960 Voting List, and authorizing the execution of a contract therefor. (For full text of Resolution, see Resolution Rook NO. 24, page 130.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the followin9 vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Webber, ¥oun9. and the President. Hr. Wheeler ............... 7. NAYS: None ..........................O. REPORTS OF CORRIYYEES: AIRPORY: The Industrial Development Committee, composed of the entire membership of Council. submitted a report, advising that it has negotiated a con- tract with Piedmont Aviation. Incorporated, under uhich the city will construct a · buildin9 and related facilities at the Roanoke Runicipal Airport to be leased by Piedmont Aviation, Incorporated, under the provisions of. a lease agreement filed with the report, and recommending that Council adopt an Ordinance authorizing.the execution of the agreement ~hich has previously been executed by Piedmont Aviation, Incorporated. Rt. Young moved to concur in the recommendation of the committee and offered the following Ordinance: (u14041) AN ORDINANCE authorizing the execution of an agreement dated the 16th day of May. 1960, betueen the City of Roanoke and Piedmont Aviation, Incorpo- rated, on file in the Office of the City Clerk. WHEREAS. this Council heretofore constituted its entire membership as an Industrial Committee, to undertake to improve the industrial condition of the City, and named Nalter L. Young as chairman thereof; and NHEREAS, said Industrial Committee authorized Council's Airport Committee, the President of the local Chamber of Commerce and others to undertake to interest Piedmont Aviation. Incorporated. in lncreasin9 its activities at Woodrum Airport and. if successful, to undertake the negotiation of a fair contract between said corporation and the City; and RHEREAS, such negotiations;have been successfully concluded and a contract prepared by the City Attorney, which is acceptable both to Piedmont Aviation. Incorporated. and to all members of this Council. sitting in the capacity as the aforesaid Industrial Committee, Mhlch contract is dated Ray 16, 1960. has heretofor been properly executed and attested for and on behalf of Piedmont Aviation, Inc., and a duplicate thereof is on file in the Office of the City Clerk. 385 :THEREFORE, BE IT ORDAINED by the Council of,the City of Roanoke that the Mayor amd the City Clerk of the City of Roanoke be, and said officials are hereby, authorized ,od directed to execute and attest, respectively,,the aforesaid contract of May 16, lgbO, for and on behalf of the City of Roanoke,and the City Clerk shall deliver duplicates thereof to the parties entitled thereto. Mr. Young moved the Ordinance on its first reading. The motion was sec,nde by Mr. Dillard 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: Council at its meeting of February 29, 19bO, having referred to a committee composed of Messrs. Roy L, Nebber, Chairman, Harry R. Yarns and Arthur S. Owens for study, negotiation and recommendation the question of renewing the existing contracts for operation at the Roanoke Municipal Airport between the City of Roanoke and American Airlines, Incorporated, Piedmont Aviation, Incorporated, and Eastern Airlines, Incorporated, the committee submitted its report, advising that its negotiations mJth the three airlines in question have resulted in an agreement to extend the existing contracts for three years and recommending that Council adopt Ordinances providing for such extensions. Mr. Young moved to concur in the recommendation of the committee and offered the following Ordinance renewing existing contracts with American Airlines, Incorporated: (=14042) AN ORDINANCE providin9 for the renewal and extension of certain existing contracts with American Airlines, Inc.. for the use of facilities at Moodrum Field upon certain terms and conditions. WDEREAS, pursuant to the provisions of Ordinance No. 13095. adopted by the Council on the ?th day of June, 1957, the City subsequently, under date of August I, lqS?, entered into a written Airport Hse Agreement and n written gasoline and oil servicing agreement with American Airlines. Inc., providing for said airline's use of certain space and facilities at the City's airport, Woodrum Field, said agreements beAn9, by the express terms thereof, effective for a period of three years, commencing August 1, 1957, and terminating at midnight of July 31, 1960, and providing for the payment by said airline to the Citl of certain landing fees, rental rates and other charges therein expressly stipulated and agreed upon; and WHEREAS, subsequently, pursuant to the provisions of Ordinance No. 13720, adopted by the Council on the llth day of May. 1959. the aforesaid Airport Use Agreement was modified and amended so asto extend and apply to certain additional space in the terminal building at said airport, the leasing of which such additiona space was, by agreement, made subject to all the appropriate,terms, provisions and Conditions of the Airport Use Agreement of August 1, 1957, aforesaid; and NHEREAS, American Airlines. Inc., has requested in writin9 that the City agreeand consent to the renewal and extension of the aforesaid agreement% modified 386 and amended as aforesaid, for an additional period or three years, commencing on August 1, 1960, and ternlnating at midnight of July 31, 1963, upon the same terms and conditions and for the same landing fees, rental rates and other charges hereto- fate provided in said agreements of August 1, 19S7, aforesaid; and WHEREAS, the Council"s Airport Committee has considered said proposal and has recommended to the Council that the existing agreements with said airline be renewed and extended as requested, THEREFORE, BE IT ORHAIHED by the Council of the City of Roanoke that, upon the acceptance of and consent to the terms and provisions of this ordinance by American Airlines, Inc., to be evidenced as is hereinafter provided, that certain Airport Use Agreement heretofore entered into between the City and. American Airline: Inc., under date of August 1, 19S?, subsequently modified and amended by the pro- visions of Ordinance No. 13720. and that certain gasoline and oil servicing agree- neat with said airline likewise dated August 1, 19S?, providing for said airlinees use and occupancy of certain facilities and space at the Cityts municipal airport, Moodrum Field, and for the servicing'of its aircraft for a term commencing on August 1, 1957, and terminating at midnight of July 31, lq60. be, and each of said agree- ments are hereby renewed and extended for an additional term of three years, , commencing on August 1, 1960. and terminating at midnight of July 31. 1963, upon the same terms and conditions and for the same landing fees, rental rates and other charges as are provided for and contained in the existing written agreements of August 1, 1957. midified and amended as aforesaid. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become effective unless the said American Airlines, Inc., shall have accepted and agreed to the terms and provisions of this ordinance, prior to June 1, 1960, said airline's acceptance hereto to be evidenced by its signature under its corporate seal to be affixed to a copy of this ordinance, delivered to and lodged in the office of the City Clerk. Mr. Young moved the Ordinance on its first reading. The motion was seconded by Mrs. Pickett and adopted by the followin9 vote: AYES: Council members Anderson, Cornell, Dillard. Pickett. Webber, Young, and the President, Mr. Wheeler ............... NAYS: None ..........................O. Mr. Dillard then offered the following Ordinance renewin9 existing contracts with Piedmont Aviation, Incorporated: (m14043) AN ORDINANCE providing for the renewal and extension of certain existing contracts with Piedmont Aviation. Inc., for the use of facilities at Woodrum Field upon certain terms and conditions~ WHEREAS, pursuant to the p~ovisionsof Ordinance ~o. 13095. adopted hi the Council on the 7th day of June, lg5?, the City subsequently, under date of August 1 1957. entered into a written Airport Use Agreement and a written gasoline and oil servicing agreement math Piedmont Aviation, Inc., providing for said airline's use of certain space and facilities at the City's airport. Woodrum Field, said agree= manta being, by the express terms thereof, effective for a period of three years, 387 commencing August 1, 1951 end termloatin9 at midnight or July 31, 1960, and pro- viding for the payment by said airline to the City of certain landing fees. rental rotes and other charges therein expressly stipulated and agreed upon; and WHEREAS. Piedmont Aviation. Inc** has requested in uritJng~at the City agree and consent to the renewal and extension or the aforesaid agreements for an additional period of three years, commencing on August 1, 196o, and terminating at midnight of July 31, 1963, upon the same terms and conditions and for the sane landing fees, rental rates and other charges heretofore provided in said ugreementl of August 1, 1957, aforesaid; and RHEREAS, the Council's Airport Committee has considered said proposal and has recommended to the Council that the existing agreements uith said airline be renemed and extended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, upon the acceptance of and consent to the terms and provisions of this ordinance by Piedmont Aviation, Inc., to be evidenced as is hereinafter provided, that certain Airport Use Agreement and that certain gasoline and oil servicing agreement hereto* fore entered into between the City and Piedmont Aviation. Inc., under date of August 1, 1957, providing for said airline's use and occupancy of certain facili- ties and space at the City's municipal airport. Woodrum Field, and the serviciog Of its aircraft for a term commencing off August 1, 195T, and terminating at midnight Of July 31, 1960, be, and each of said agreements are hereby renewed and extended for an additional term of three years, commencing on August 1, 19bO, and termlnatin at midnight of July 31, 1963, upon the same terms and conditions and for the same landing fees. rental rates and other charges as are provided for and contained in the existing written agreements of August 1. 1957. aforesaid. BE IT FURTHER OROAINED that the provisions of this ordinance shall not become effective unless the said Piedmont Aviation, Inc., shall have accepted and agreed to the terms and provisions of this ordinance, prior to June 1. 1960, said airline*s acceptance hereto to be evidenced by its signature under its corporate seal to be affixed to a copy of this ordinance, delivered to and lodged in the office of the City Clerk. Mr. Dillard moved the Ordinance on its first readin9. 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 .............. 7. NAYS: None .........................O. Wt. Anderson then offered the following Ordinance renewing an existing contract with Eastern Airlines, Incorporated: (a14044) AN ORDINANCE providing for the renewal and extension of an existing contract with Eastern Airlines, Inc.. for the use of facilities at Woodrun Field upon certain terms and conditions. WHEREAS, pursuant to the provisions of Ordinance No. 13095, adopted by the Council on the ?th day of June, 1957, the City subsequently, under date of August 1, 1957, entered into a written Airport Use Agreement with Eastern Airlines, lac** 388 providing fir said airline*s use of certain spsce end facil~tles at the City*s airport, Woodrum Field, ssid AirportBse Agreement being, by the express terms thereof, effective for · period or three years, commencing August 1, 1957, end terminating at midnight of Jely 31, 1960. and providing for the payment by said airline to the City of certain landing fees. rental rates end other charges therein expressly stipulated and agreed upon; and WEEREAS~ Eastern Airlines, Inc., has requested in writing that the City agree and consent to the renemal and extension of the aforesaid Airport Use Agree- ment for an additional period of three yeats, commencing on August 1, 1960. and terminating at midnlght of July 31. 1963, upon the same terms and conditions and for the same landing fees. rental rates and other charges heretofore provided in said Airport Use Agreement of August 1, 19S?. aforesaid; and RHEREAS, the Council*s Airport Committee has considered said proposal and has recommended to the Council that the existing Airport Use Agreement be renewed and extended as requested. TBEREFORE, BK IT ORDAINED by the Council of the City of Roanoke that. upon the acceptance of and consent to the terms and provisions of this ordinance by Eastern Airlines. Inc., to be evidenced as is hereinafter provided, that certain Airport Use Agreement heretofore entered into between the City and Eastern Airlines! Inc. under date of August 1. 1957. providing for aid airline's use and occupancy ~ of certain facilities and space at the City's municipal airport, Woodrum Field, foril a term commencing on August 1. 1957, and terminating at midnight of July 31, 1960. be and said Airport Use Agreement is hereby renewed and extended for an additional term of three years, commencing on August 1, 1960, and terminating at midnight of July 31, 1963, upon the same terms and conditions and for the same landing fees, rental rates and other charges as are provided for and contained in tbs written agreement of August 1. 1957, aforesaid. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become effective unless the said Eastern Airlines, Inc.. shall have accepted and agreed to the terms and provisions of this ordinance, prior to June 1, 1960, said airline's acceptance hereto to be evidenced by its signature under its corporate seal to be affixed to a copy of this ordinance, delivered to and lodged in the office of the City Clerk. Mr. Anderson moved the Ordinance on its first reading. Yhe 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. UNFINISHED BUSINESS: 'LANDMARKS-CITY PROPERTY: Council at its meeting of March ?, 1960, having received from the Nilliam Watts Chapter and the Roanoke Chapter Of the Bnited Daughters of the Confederacy a request that they be permitted to erect and maintai! a memorial marker to General Robert E. Lee on the Robert E. Lee Plaza, in which 389 request the City Wnnuger recommended Council concur, und buying referred the matter to the City Planning Commission for study and recoomendation, the City Plan- ning Commission submitted its report, advising that On the basis of information the Commission has gathered it believes it is desirable to erect such a marker on the mesteru end of the Robert E. Lee Plaza facing Third Street, S. W.. and that mhile the Commission can select no particular design for the mather the Commission does recommend that the marker to be erected should be upright, square and not under six feet in height. Mr. Webber moved to direct the City Attorney to prepare a Resolution grant-[ lng permission to the William Watts Chapter and the Roanoke Chapter of the United Daughters of the Confederacy to erect and maintain a memorial marker to General Robert E. Lee in the Robert £. Lee Plaza as recommended by the City Manager and theJ City Planning Commission. The motion was seconded by Mr. Young and adopted. · ZONING: Council at its meeting of March 29. 1960, having referred to the City Planning Commission for study and recommendation the request of Mrs. Susie G. Hutton that her property containing approximately 1.4 acres, lying on the northeastJ corner of Twenty-fourth Street and Salem Turnpike, N. W., be rezoned from General than for residential uses, being adjacent to a Business District, with a Light Industrial District across the street therefrom, the Coomission, therefore, recom- mending that Council grant the request of the petitioner. The Commission advised that in making the above recommendation it realizes that the proposed rezoning may be increasing the traffic problem on Twenty-fourth Street, N. Wu, south of Melrose Avenue, and suggested that immediate consideration be given to widening that portion of Twenty-fourth Street. Mrs. Pickett moved to set a public hearing on the requested rezoning for 2:00 otclock, p.m.. June 27, 1960, in the Council Chamber. the attorney for the petitioner to prepare the proper notice of the hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motion mas . seconded by Mr. Webber and adopted. ZONING: Council at its meeting of April 11. 19~0, having referred to the City Planning Commission for study and recommendation the request of Mr. W. R. Harbour, et al., that their properties lying on the west side of Franklin Road, S, W., near the southern corporate limits of the city, designated as Official Tax Nos. 12g0106, 129010S and 1290110, be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, advising that upon consideration Of the fact that these properties front on a highway and are closely surrounded by properties zoned as a Business District, in its opinion, the land is more suitable for business uses than for residential purposes, the Commis- sion, therefore, recommending that Council grant the request Of the petitioners. The Commission further advised that the petitioners have offered to dedicat to the city enough land from the front of their respective lots to widen Franklin Road to a width of forty feet from the center line thereof. ::390 Hrs. Pickett moved to set · public heatlog OB the requested rezoning for 2:00 o'clock, p.m,, June 27, 1960. the attorney rot the petitioners to preplre the proper notice of the hearing, have it approved by the City Attorney ·nd preJent It to the City Clerk for public·tine. The motion mss seconded by Hr. Young sad adopted. YBAFFIC-HASTER PLAN: Council et its meeting of April 18. 1960, having tabled for three weeks the recommendation of the City Planning Commission that the Department of Highways of the Commonwealth of Virginia be requested to conduct · traffic survey in the city at an estimated cost of $S6,000.00o the city agreeing to pay twenty-five per cent of the cost thereof, the matter wes again before the body. Hr. Webber moved to concur in the recommendation of the City Planning Commission and offered the following emergency Ordinance: (#1404S} AN ORDINANCE providing for the preparation of a comprehensive traffic survey in the City to be ·ccomplished by the Coeennmealth o~ Virginia, Department of Highways, at an estimated cost of $14,000.00 to the City. and providin~ (For full text of Ordinance, see Ordinance Book No. 24, page 130.) mr. ~ebber moved the adoption of the Ordinance. The motion was seconded by Mr. Vouog and adopted by the following vote: AYES: Council members Anderson. Pickett, ~ebber. Voung, and the President, Wt. Wheeler ............................................. 5. NAYS: Council members Cornell and Dillard ...... Wt. Webber then offered the following emergency Ordinance appropriating $14,000.00 to pay the city's cost of the survey: (~14046) AN ORDINANCE to amend and reordaJn Section e63. "Traffic Engineer-!; lng and Communications," of the 1960 Appropriation Ordinance. and providing for an- (For full text of Ordinance, see Ordinance Book No, 24, page 131.) : mr. ~ebber moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the followin9 vote: AYES: Council members Anderson, Pickett, ~ebber, Young, and the President, Mr. Wheeler ............................................. 5. NAYS: Council members Cornell and Dillard ......2. CITY HOME: Council at its meeting of May 2, 1960, having tabled until its next regular meeting a report of the City Manager. advising that in his opinion it is advisable to enlarge the City Home at Coyner Springs, the City manager prescntinf a report of the Director of Public Helfare and the City Physician recommending that an addition to the City Home which would double the bed capacity be undertaken at at estimated cost of $164.000.00 and that an application be made for federal asslstanc under the Hill-Burton /ct, which, if granted, would cover fifty-five per cent of tbs I~aff personnel qnarters~ isprinkler system in the entire building nnd the furnishing of two wide stnirways ilwhich would entail some modification of the present water system serving the City tBone. After some discussion, Mr. Webber moved to table the matter for consideratio along with the 1961 budget. The motion was seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEWERS AND STORM DRAINS: Council at its meeting of May 2, 1960, having directed the preparation of an Ordinance accepting the low bid of Sherrlli Dudley for the construction Of a sanitary sewer across Thrasher Park and northerly Jn Vinto Road 571 feet, Dr. Cornell offered the following emergency Ordinaoce~ (314047) AN ORDINANCE accepting the base bid of Sherrill Dudley for the construction Of a sanitary sewer across Thrasher Park and, also. an option bid extending the sewer line from the termination point of the base bid in Vinton Will Road up the same in a northerly direction 571 feet to serve the Gulf Oil Station located on the southwest corner Of Orange Avenue and Vinton MillRoad; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 132.) Dr. Cornell moved the adoption of the Ordinance. Yhe 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. Mr. Dillard then offered the following emergency Ordinance appropriating the necessary funds for the contract: (=14048) AN ORDINANCE to amend and reordain Section =141, "Sewer and Drain Construction," of the 1960 Appropriation Ordiaance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 133.) 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, Mebber, Young, and the President, Mr. Wheeler ................ NAYS: None ...........................O. ~392 SIDEWALK, CURS AND GUTTER-STREETS AND ALLEYS: Council et its meeting of 2. 1960, baying directed the preparation of un Ordinance authorizing and providing for the acquisition of certain strips or parcels of lind necessary for the widening of a portion of Fleming Avenue. N, E., Mrs. Pickett offered the folloming emergency Ordinance: (~1404g) AN ORDINANCE authorizing and providing for the acquisition of certnio strips or parcels of land necessary for the widening of z portion of Flemin Avenue. N. E.. betmeen Whiteslde Street and Bohon Street. upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance. see Ordinance Soak Ho. 24. page 134.) HFS. Pickett moved the adoption of the Ordinance. The motion mas seconded bT Hr. Anderson and adopted by the following vote: AYES: Council members Anderson0 Cornell. Dillard, Pickett, Hobber. Young, and the President. Hr. Wheeler ................. HAYS: None ............................O. MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC: Mr. Robert L. Price of EwaldoClark, 15-17 Church Avenue. S. W., appeared before Council and requested permission to park a popcorn wagon at the curb~ in front of its place of business on May 1q-20-21, 1960. as a customer aaraction parked in an area designated as a loading zone and in the opinion of his company would not impede the progress of traffic. The City Manager advised that while he is not empowered to issue such permits he has no hesitancy in recommending that Council grant the request. Dr. Cornell moved to direct the City Attorney to prepare a Resolution granting the permit ~ requested by Eweld-Clark. The motion was seconded by Mr. Dillard and adopted. WATER DEPARTMENT: Dr. Corflell requested Council to consider providing cat- walks on the pier at Carvins Cove Lake in connection with boat docks, a picnic shelter and ovens in the boat docking area, and altering the slope of the boat ramp, which, in his opinion, should be steeper. Mr. Dillard moved to refer the matter to a committee composed of Dr. C. Cornell, Chairman, Mr. Roy L. Webber and Mr. Walter L. Young, previously appointed to study the future development of the Carvins Cove area, for study and-recommenda- tion. The motion was seconded by Mr. Anderson and adopted. MARKET: Dr. Cornell stated that he has read a report on an investigation of the City Market area, on file in the office of the City Manager. which was made in connection with the recent publicity alleging that the Market is a skid row area and that in his opinion certain portions of the report should be made public; therefore, Dr. Cornell moved to direct the City Manager to submit to Council a report on condi- tions at the City Market. The notion was seconded by Mr. Dillard and adopted. YOUTH COMMISSION: The City Clerk reported that the terms of the Reverend F. E. Alexander and Mr. W. W. McCathern as members of the Youth Commission expired on April 30, 1960, the terms being for a period of two years each, and that Mr. McCathern is not eligible for reappointnent, having removed his residence from the city. The Mayor called for nominations to fill the vacancies; mhereupon, Mrs. Pickett placed in nomination the names of the Reverend F. E. Alexander and Mrs, Glenn R. McLeod. Mr. Mebber moved to close the nominations. The motion mas seconded by Mr. Young and adopted. The Reverend F. E. Alexander and Mrs. Glenn R. McLeod were elected as members of the Youth Commission for terms of two years each beginning Hay !, 1960. by the folloming vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Mebber, Young, and the President, Mr. Mheeler .................. ?. NAYS: None .............................O. SERERS AN~ STORM DRAINS: Mr. Dillard stated that the raja over the weekend mashed considerable mud from the property of the Skyway Development Corporation located at the northmest corner Of Rershberger Road and Airport Road. N. M., mhich is being graded, the said mud being mashed onto city streets and on private propert) Mr. Dillard voicing the opinion that since the property of the Skyway Development Corporation is located in the county the city should take action to prevent a recurrence Of the condition. On a question from Mr. Rabbet. the City Manager advised that the city is now in the process of taking bids for the construction of a storm drain mhlch mill, in his opinion, relieve this condition. CENSUS: The Mayor presented to Council a communication from Mr. John V. Radar, Supervisor of the Census for the Sixth Congressional District, showing the preliminary census count for the City of Roanoke to be 96,746 persons. The communication was ordered filed. COUNCIL: Mrs. Pickett moved that Council, pursuant to authority in Section 10 of the City Charter. meet every other meek during the months of June. July and August of the current year, the first meeting in June to be held on June 13, 1960. The motion was seconded by Mr. Webber and adopted. Mr. Dillard voting no. There being no further business, Council adjourned. APPROVED 393 ~'394 COMMONWEALTH o.f VIROINIA VIRGINIA STATE; LIBRARY RICHMOND 23:~19 DONALD HAYNES ARCHIVES DIVISION LOlL RECOP, I)S BRAHCH THIS IS TO CERTIFY THAT P^SE(S): OF THIS VOL~XE WERE MISSING OR BLA~K AT THE TIME OF MICROFII. HIHG. UATE Q.~- /~4~1)--~-d') c/' niCROFILM~' / C~ERA OPERATOR BASTER PLAN-AUDITORIUR: Mr. R. C. Parrott, representing the Roanoke Fine Arts Center, appeared before Council and presented a statement, adrising that apparently certain remarks made by him at the public hearing held by Council on May 5, 1960. in connection with the proposed municipal auditorium, were misinter- preted, as a result of which he Was misquoted as being opposed to the erection of the proposed auditorium on the site offered by the Norfolk and Western Railway Company. ir. Parrott, in his statemeot, advisin9 Council that he is not familiar with the size of the proposed building, nor of the site; consequently~ he is not i~ a position to take a stand on the adequacy or inadequacy of any site for the pro- posed municipal auditorium, and that in his opinion such a decision can only be made after a study by competent professional people. Nr. Webber moved to receive and file the statement. The motion was second ed by Dr. Coraell and adopted. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a communication from Mr. and Mrs. Oo #. Tuck, 2707 Fairfield Drive, N. E., advising that Fairfield Drive, which is one block long, is ia very poor condition, and requesting that Council hare the street paved. Mr, Young moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Dillard and adopted. ZONING: The City Clerk presented a communication from Mr. Lee C. Rattman. requesting that his property designated as a portion of Lot 6, Dyer Estate, located at the rear of his place Of business at 3236 Cove Road, N. W., already zoned as a Business District. be rezoned from General Residence District to Business District to provide for use of all his property in connection with his business conducted thereon. 396 Mr. Anderson Bored to refer the request to the City Planning Commission lot study and recowwendstion. The motion was seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS: MARKRTS: Pursuant to a directive of Council at its meeting of March 14, 1960, the City Manager presented a report covering conditions in the City Market area, in which he quoted from reports of Investigations conducted by a private detective agency and by the Virginia Alcoholic Beverage Control Board. both of which stated that there is no evidence of any large-scale lan violations, but rather that the area appears to be well policed and controlled and is safe for all citizens, and that their fflrestfgations Indicated that there is less rlolatlon of low in the area than could nornaliy be expected. Mr. Mebber moved to file the report. The notion was seconded by Mr. Dilla! and adopted. BUDGET-DEPARTMENT OF PUBLIC WORKS: The City Manaqer requested a transfer of ~350.00 from NExtra Employees* to Repairs to Equipment* in the Engineering Services account of the lgGO budget, to provide for repairs to certain engineering equipment during the current year. Mrs. Pickett moved to Concur in the request and offered the following emergency Ordinance: (#14050) AN ORDINANCE to amend and reordain Section a§O, *Engineering Services** of the 19bO Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 139,) 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. BUDGET-STREET AND ALLEYS: The City Manager advised that the contract authorized by Council for the 1960 street paving program totaled $207,784.50, that due to the necessity of completing pavement on certain streets mhJch were ooly partially paved when the limits of the contract had been reached, an overrun of approximately $1,000.00 has occurred, and that the 1960 budget contained an appro- priation of $200,000.00 for this work. the City Manager, therefore requesting an appropriation of $8,764.50 to provide for payment of the contract for work performe Mr. Dillard moved to concur in the request and offered the following emer- gency Ordinance: (~14051) AN ORDINANCE amending and reordaining Section ~Sl, "Street Repair." of the 1960 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 140.) Yr. 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. Wheeler .............. 7. NAYS: None .........................O. 397 BUUGET-PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Nsasger advised Council that to surface treat the base aa Wbitesfde Street (Patrick Henry Boulevard from the md of the present pavement to the Monterey School site as directed by Council at its meeting of Hay 9, 1960, mould, in his opinion, be n waste of funds since the street base has not been completed over a portion of this ares, and con- sequently, when completed, mould necessitate removal of a portion of the base stone now laplace end repairs to the subgrade, that to properly complete the base would require installation of un additional five inches of compacted stone over a portion of the area and application of a double surface treatment of asphalt at an estimated east of $1S.26fl. SO which would provide a completed base construction of the street from the end of the present pavement at a point 300 feet north of Fleming Avenue to a point approximately 400 feet north of Frontier Road. and would connect to the old ipavement from that point to the city limits line, the City Manager advising that in his opinion this should be accomplished and that at a later date the finish coat of blacktop could be applied after the base has settled, he therefore recommending an appropriation of $15,288.50 for this purpose. Dr. Cornell moved to concur in the recommendation of the City Ranager and offered the following emergency Ordinance: (a140$2) AN ORDINANCE to amend and reordain Section al40, "Street Construc- tion," of the 1960 Appropriation Ordinance. and provJdJn9 for an emergency. (For full text of Ordinance. see Ordinance Rook No. 24, page 140.) Dr. Cornell moved the adoption of the Ordinance, The motion was seconded bI Hr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, Young, and the President, Rt. Hheeler ............... ?. NAYS: None ..........................O. REPORTSOF COMMITTEES: PENSIONS-POLICE DEPARTMENt-FIRE DEPARTMENT: The committee composed of Messrs. Halter L. Young, Chairman. Benton OD Dillard. and C. M. Cornell, appointed on October lg, 1959, to make recommendations concerning pensions paid to widows of deceased members of the Police and Fire Pension System, having been directed by Council at itt meeting of October 30, 1959. to further study the Pension System with a view of possibly increasin9 the minimum pensions paid to retired members thereof, the committee submitted its report, recommending that pensions to those employees who were retired under the Police and Fire Pension System be increased to a minimum Of $IOD.O0 per month onlytn those cases where the employees rendered service to the city for tweoty-five years or more, and that aD change in the pension paid to those who served the city less than twenty-five years be made. the committee advising that the cost to the city will be very little, and in its opinion, mill be justified. In response to a question from Hr. ~ebber, the City Anditor advised Council that fifteen retired members of the Police and Fire Departments mill beinvolved, at a total annual cost of $2,018.76. .398 Hr. Young moved to concur in the report of the coumittee and offered the foil,ming Ordinance: (s14053) AN ORDINANCE to amend and reordnin Section S. 'Amount of pensions* of Chapter 2. 'Police and Fire Pensions Prior to January 1. 1946' of Title III. *Pen si.ns and Retirement' of The Code of the City of Roanoke, 19S6, BE IT ORDAINED by the Council of the City of Roanoke that Section $. 'Amount of pensions' of Chapter 2, 'Police and Fire Pensions Prior to January 1. 1946' of Title XXI. 'Pensions and Retirement' of The Code of the City of Roanoke, 19S6o be. and said section is hereby, amended and reordained so as to read and provide as follows: Sec. 5. Amount of pensions, Every person placed on the "pension list" as provided for in section I of this chapter shall be entitled to receive an annual pension equal to two per cent of his average annual compensation computed for five years last past. multiplied by the number of years such person has been in the service of the city (including all service rendered the city other than as a member of the police or fife department} so long as he shall remain on the "pension list" herein provided for. the amount thereof to be paid him in equal monthly install- ments; provided, however, that no pension shall be less than fifty dollars per month, except that each pensioner, who rendered the city service for twenty-five years or more. shall receive a minimum pension of not less than one hundred dollars per month and no pensioner shall receive a pension of more than one hundred end fifty dollars per month. Mr. Young moved the Ordinance on its first reading. The motion was seconded by Hr. Dillard and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the President, Mr. Wheeler ........ ~ ...... 7. NAYS: None ..........................O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIR$: NONE. INYRODUCTION AND CONSIDERAYION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Ordinance No. 14041, authorizing the execution of an agreement dated the 16th day of Ray, 1960. between the City of Roanoke and Piedmont Aviation. Incorporated, on file in the Office of the City Clerk, havin9 previously been before Council for its first reading, read and laid over, was again before the body, Mr, Youn9 offering the following for its second reading and final adoption: (~14041) AN ORDINANCE authorizing the execution of an agreement ~ted the 16th day of Iai, 1960, between the City of Roanoke and Piedmont Aviation, Incorporat~ on file in the Office of the City Clerk. (For full text of Ordinance, see Ordinance Book No. 24, page 135.) 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. Webber, Young, and the President, Mr, ~heeler ............. NAYS: None ........................O. AIRPORT: Ordinance No, 14042, providin9 for the renewal and extension of certain existing contracts with American Airlines, Incorporated, for the use of L by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett. Nebber, Young, and the President. Mr. Wheeler ............... NAYS: None ..........................O. AIRPORY: Ordinance No. 14043, providing for the renewal and extennion of certain existing contracts with Piedmont Aviation, Incorporated, for the use of facilities at M,,drum Field upon certain, terms and conditions, having previously been before Council for itsflrst reading, read and laid over, uaw again before the body. Hr. Young offering the following for its second reading and final adoption: (~14043) AN ORDINANCE providing for the renewal and extension of certain existing contracts with Piedmont Aviation, Inc., for the use of facilities at ~oodrum Field upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 24. page 137.) 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, Mebber. Young, and the President, Mr. Mheeler ............... 7. NAYS: None .......................... O. AIRPORT: Ordinance No. 14044, providing for the renewal and extension of az existing ~ontract with Eastern Airlines. Incorporated, for the use of facilities at · oodrum Field upon certain terms and conditions, having previously been before Council for its first reading, rend and laid over, was again before the body, Dr. Cornell offerin9 the following for its second reading and final adoption: (#14044) AN ORDINANCE providing for the renewal and extension of an exist- ing contract with Eastern Airlines, Inn., for the use of facilities at W,,drum Field upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 24. page 138.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Rt. Dillard and adopted by the f,Il,win9 vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Mebber, Y,un9, and the President, Hr. Mheeler ............ NAYS: None .......................O. BALARY A~I) MAGE PLAN: Council at its meeting of April 25, lg60, having directed the preparation of Ordinances making certain changes in the Salary and Wage Plan as recommended by the City Manager. Hr. Nebber offered the following emergency Ordinance reclassifying the Assistant City Auditor: --~400 (u!4054) AN OROINANC£ making certain chlngev in the Salary and Wage Plan. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. page 141.) Hr. Webber moved the adoption of the Ordinance. The motion mas seconded by #r. Anderson and adopted by the following vote: AYES: Council members Anderson. Pickett. #ebber. Young. and the President. i#r. Nheeler .............................................. 5. NAYS: Council members C,mall and Dillard ....... Hr. Webber then offered the following emergency Ordinance appropriating the necessary funds for increasing the salary of the Assistant City Auditor: (n140$$) AN ORDINANCE to amend and reordain Section #10. 'Auditor.~ of the 1960 Appropriation Ordinance. end providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. page. 141.) NF. Webber moved the adoption of the Ordinance. Yhe motion was seconded by Hr. Young and adopted by the following vote: AYES: Council members Anderson. Pickett. Nebber. Young. and the President. Hr..Wheeler .............................................. 5. NAYS: Council members Cornell and Dillard .......2. Nr. Webber then offered the following emergency Ordinance reclassifying Probation Officers ia the Juvenile and Domestic Relations Court: (#14056) AN ORDINANCE making certain changes in the Salary and Wage Plan, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 142.) Mr. Webber moved the adoption of the Ordinance. The motion was.seconded by Or. 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. Hr. Webber then offered the following emergency Ordinance appropriating the necessary funds to provide for salary increases for the Probation Officers: (~14057) AN ORDINANCE to amend and reordain Section n23. "Juvenile and Domestic gelati,ns Court." of the 1960 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. page 142.) Mr. Webber 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. an~ the President, Mr. Wheeler ................... NAYS: None ..........................O. TRAFFIC: Council at its meeting of May 9. 1960. having directed the prepare- tine of a Resolution granting permission to Ewald-Clark. Inc.. to park a popcorn wagon at the front of its place Of business, on the days of May 19. 20. and 21. Dr. Cornell offered the following Resolution: (x14058) A RESOLUTION granting permission to Ewald-Clarko Inc., to park a popcorn wagon at the curb in front of its place of business. No. 17 Church Avenue. mest. on mmv 19, 20 and 21, 1960, (For full text or Resolution. see Resolution Book No. 24, page 143.) Dr, Coraell moved the adoption of the Resolution. The motion mas seconded by Hr, Dillard and adopted bv the following vote: AYES: Council members Anderson. C,mall, Dillard, Plchett..Mebber, Young, and the President, mr. mheeler ................ T. BAYS: None ...........................O. LANDMARKS-CITV PROPERTY: Council at its meeting of May 9, 1960, hating directed the PreParation of a Resolution granting permission to the milliam Matts and the Roanoke Chapters of the United Daughters of the Confederacy to erect and maintain a memorial marker to General Robert E. Lee in the Robert E. Lee Plaza. Rrs. Pickett offered the f,Ii,wing Resolution: (g140S9) A RESOLUTION granting permission unto the Milliam matts and the Roanoke Chapters of the United Daughters of the Confederacy to erect and maintain a memorial marker to Ueneral Robert E. Lee in the Robert E. Lee Plaza. (For full text of Resolution. see Resolution Book No. 24. page 144.) mrs. Pickett n,red the adoption of the Resolution. The motion was seconded by mr. Anderson and adopted by the f,Il,wing vote: AVES: Council members Anderson. Cornell. Dillard. Pickett. Mebber. Young. and the President. Mr. mheeler ............... NAVS: None ..........................O. Rrs. E. J. Palmer appeared, along with other representatives of the two chapters of the United Daughters of the Confederacy. and expressed the appreciation of the organizations for the action of Council in the matter, MO~IONS A~D MISCELLANEOUS BUSINESS: NONE. There bean9 no further business, Council adjourned. APPROVED ffClerk ........ ;'401 4'02 COUNCIL, REGULAR MEETING, Uonday, Roy 23, 1960. The Council of'the City of Roanoke met ia regular meeting ia the Council Chamber in ~he Municipal Building, Uonday, Nay 23, 1960. at 2:00 o°clock, p.m** the regular meeting bourn with the President, Ur. Mheeler, presiding. PRESEUT~ Council*members Anderson, Coroell. Dillard, Pickett,'Mebber, Young, and the President. Mr. Uheeler ............. ABSENT: U,ne .............................O. OFFICERS FBESEN*F.' Ur. Arthur S. Owens, City Manager. Ur. Randolph G. Uhlttle. City Attorney, Ur. Ilarry R. Yates, City Auditor, and Ur. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Uilliam U. Glesler, Pastor, First Church of God. MINUTES: Copies of the minutes of the regular meetings held on May 9, 1960. and May 16, 19bO. having been furnished each member of Council, upon motion of Mr. Anderson, seconded by Mrs. Pickett and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATYERS: ZONING: Council at its m~eting of May 9, 1960, having continued until May 23, 1960. a public hearing on the request of Harold E. Rowe, et ax., that their property on the northeast corner Of Walnut Avenue and Piedmont Street, S. E., designated as portions Of Lots 1, 2 and 3, Block 23, Roanoke Gas and Whter Company, be rezoned from Special Residence District to Business District, in order that the request might be considered with a like request from the adjacent property owner, and at its meeting of April 25, 1960, baying set a public hearing for 2:00 o'clock, p.m., Monday, May 23, 1960. On the request of Jack R. Mann, et ax., that their property designated as portions of Lots 1, 2 and 3, Block 23, Roanoke Gas and aster Company, located On the northerly side of Walnut Avenue, S. E., easterly from Piedmont Street and adjacent to the property of Harold E. Rowe, et ax., and hotice of the hearing having been published in The Roanoke World-news on May 6, 1960, and the City Planning Commission having previously recommended that both requests be granted, since the properties of both petitioners lie contiguous to each other, the hearing was held at which both properties were considered. Mr. T. L. Plunkett, Jr** Attorney for both petitioners, appeared before Council and advised that the proposed usage of the property, if rezoned, is for a filling station, that the property is no longer desirable for residential purpose~ that an old residence on the property of Harold E. Rowe was recently destroyed by fire and that. in his opinion, reaonln9 of the property would be a logical extension of an existing business area, Mr. Plunkett, therefore, requesting that Council con- cur in the recommendation of the City Planning Commission and grant the request of both his clients. "403 Mr. E. M. Dlckerson, Attorney for Alms Eugene 0yler, omner of tbe~operty locsted on the northwesterly corner of Malnut Avenue and Piedmont Street on which is located u store building, appeared before Council in opposition to the proposed rezoning and stated that erection of a filling station on the property would create n traffic problem for residents of the area. Mr. Norvell M. Mesto a resident of the neighborhood, appeared before Counci and presented a petition signed by eighty-one residents of the area Opposing the vezonlng of both properties, Hr. Nest reiterating bis arguments previously presente, that this is essentially a residential area and that to grant the request would be spot zoning which would be detrimental to the adjacent residential properties, that there is a filling station on the southerly side of Nalnut Avenue between Hamilton Terrace and Belleview Avenue immediately across the street from the property owned by Mr. Rowe, which station is vacant more than fifty per cent of the time, indicatin that there is no need for an additional filling station in tbe area, that Walnut Avenue is the approach to Mill Mountain Park. and that the area from Piedmont Street and Dellevlem Avenue eastward and up the mountain is entirely residential, and in the opinion of the residents should remain so. Mr. G. Eric Sachets, a resident Of the area. appeared before Council in opposition to the proposed rezoning and stated that the residents of the area have maintained their properties in good condition and practically all of them have signed petitions opposing the rezouing, and that if a filling station is built on the property proposed to be rezoned it would require grading so that there would be a IO l/2-foot cut, resulting in a bank of that height along the side Of the property of Mr. Warren L. WaJd whose residence is contiguous to the property on the east. Mr. Webber moved to deny the request Of Jack H. Mann, et mx., and Harold E. Rowe, et mx., for rezoning their respective properties to a Business District. The motion was seconded by Mr. Dillard and adopted. STRKEZS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p.m. Monday. May 23, 1960, on the request of John W. Hancock, Jr,, Incorporated, et al.. that un unnamed street lying to the rear of Lots 6-35, inclusive, Block 14, Crystal Spring Land Company, north of McClanahan Street, parallel to and abutting the right of way of the Norfolk and Western Railway right of way be vacated, discontinued, and closed, and notice of the hearing having been published in TheRoanoke World-News May b, 1960, 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. F, Rodney Fitzpatrick, Attorney for the petitioners, appeared and reques ed that Council concur in the recommendation of the City Planning Commission. Mrs. Pickett offered the following Ordinance: (~14060) AN ORDINANCE vacating, discontinuin9 and closing a certain unnamed shown on the Map of Crystal Spring Land Company running alga9 the rear lot lines of Lots 6-36, Block 14, Crystal Spring Land Company Map, parallel to and abuttin9 the right of way of the Norfolk and Western Railway C~mpany Winston-Salem Division (formerly Roanoke Southern Railway). ~:.404 NHEBEAS, John if. Hsncook, Jr., lac.. has heretofore filed its-petition before the Council of the City of Roanoke in accordance with lam, la which petition it requested Council to permanently vacate, discontinue end close the herelnabove described street; and #HESEASo there was filed with said petition un agreement in writing dated Merci ' m n f Roanoke 16 1960 between John if. Hancock, Jr** Inc. Br. Pepper Bottling ~o pa y o Inc,, J. T. Cunnlngbaw. Jr., and Nlnu (J. Cunnlnghaw, his wife, and Norfolk and k d d b id attics in accordance with the rovJslons of Section and nc nowle ge y sa p P 150766.1, Code of Virginia, lgSO. as amended, which instruJent sets forth that the ifHEREAS, a public hearing has been held on Hay 23, lg60, before the Council of described as follows: :4O5 BE IT FURTHER ORDAINED that the City Engineer be, end he is hereby, directe to mark "Permanently vacated, discontinued and closed" on the maps and plats on file In the office of the City Englueer of the City of Rounohe, Virginia, whereon said unnamed street may be shown, referring to the book and page of the Resolutions and Ordinances of the Council of the City or 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 of the City of Roanoke, Virginia, a copy of this Ordinance in order that said Clerk may record the same, following the recordation of the agree~ neat dated March 16. 1960. between John ~, Hancock, Jr., Inc., et al., and that said Clerk of the Hustings Court of the City of Roanoke. Virginia. nay make proper notation on all maps and plats recorded in his office upon which are shown the said ,[ unnamed street herein permanently vacated, discontinued and closed as provided for by law. #rs. Pickett moved the Ordinance on its first readinH. The notion was seconded by Hr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard. Pickett, Mebber. Young, and the President, Hr. Hheeler ................ 7. NAYS: None ...........................O. PETITIONS A~D COHMUHICATIONS: ZONING: Council at its meeting of Hay O, lg60, having requested that the Roanoke City School Board advise it what effect the erection of a proposed medical clinic on the property of Ralei9h Court Corporation, designated as Lots 1. 2 and 3. Block 20, Raleigh Court. situated on the southeast corner of Grandin Road and Brandon Avenue, S. ~., would have on the development of the Shrine Hill area as contemplated by the School Board and based upon its architectural plans, and at the, same time having ~bled until its regular meeting of Ray 23, 1960. Ordinance No. 14036 mhich was before Council for its second reading, the City Clerk presented a communication from the Roanoke City School Board. advising that in its opinion it would be well if Lots 1-4, inclusive. Block 20, Raleigh Court. located at the inter- section of Grandin Road and Hrandon Avenue. S. H.. could be acquired, though the acquisition of them is not un obligation of the School Board. and stating that it recognizes that the rezoning of these lots would not affect the plans of the Board but, at the same time. it believes that acquisition of the property by the city Mould preserve the general appearance of the Shrine Hill property and prevent any increased traffic congestion which might result from such rezoning, the School Board pointing out that increased traffic congestion at this point would definitely be detrimental to the Board's use of the Shrine Hill propertT. The titI Clerk also presented a communication from the City Planning Com- mission in which it advised that, in view of recent developments and bitter opposition voiced by a large body of citizens living in that immediate area, which opposition was not known to the Planning Commission at the time it considered the request for rezonJng of the property in question, the Commission has reconsidered '406 the matter and aow recommends that the request for rezonlsg of the property from General Residence District to Special Residence District be denied, and reaffirms its position subwi'tted to Council on two previous occasions that the property In question be purchased by the city. a portion of which could be used for street widening purposes and the remaining portion of which could be consolidated with the Shrine Hill High School site. The City Clerk presented a communication from Mr. John D. Copenbaver, Attorney for the Raleigh Court Corporation, et al.. petitioners in the matter, advising that, on behalf of the petitioners, permission is requested to withdraw the petition for rezoning, which action Is being taken fn deference to the objections of many citizens living in the neighborhood. Hr. Webber moved to file the communications. The motion mas seconded by Hr. Young and adopted. Mr. Webber then moved to table Ordinance No. 14036 which is before Council for its second reading. The motion was seconded by Mr. Young and adopted by the following vote: AVES: Council members Anderson. Cornell, Dillard, Pickett, Webber. Young. and the President, Mr. Wheeler ................. NAYS: None ............................O. TRAFFIC: The City Clerk presented a petition from twenty-eight residents of Ninth Street, S. E., advising that there are parking restrictions posted in front of Jackson Junior High School which read "No Parking from 7 a.m** to 6 p.m., Except on Saturday*. resulting in employees of the school parking across the street and leaving no space for residents and businesses of the block or for people come to the church during the week during those hours, and pointing out that the closing of the American Viscose Corporation Plant has reduced the flow of traffic Ninth Street, which, in their opinion, eliminates the necessity for restricted parking thereon, the petitioners therefore requesting that all parking restructions on Ninth Street, S. E.. between Murray Avenue and Montrose Avenue. be removed. Mr. Young moved to refer the petition to the City Manager for study and recommendation, his report to be submi~ed at the next regular meeting of Council. The motion mas seconded by Mr. Dillard and adopted. STREETS AND ALLEYS: The City Clerk presented a petition from residents of Idlewlld Boulevard. N. E.. requesting that Council appropriate funds to pave Idle- wild Boulevard and Atherly Street, N. E. Mr. Dillard moved to refer the request to the City Manager for study. recommendation, and an estimate of the cost. The motion was seconded by Mr. Young and adopted. RECREATION DEPARYMENT-PARKS AND PLAYGROUr~DS: The City Clerk presented a communication from the Senior Council of the Yllla Heights Community Center. reqnes~ in9 that Council appropriate $1,000,00 to provide for paving the parking area and tennis court at the Center. 407 In response to n question, the City Homager advised that the requested appropriation mill meet present needs, but will not provide n finish paving coat for Mr. Dillard moved to concur in the request and offered the following emer- gency Ordinance: (m14061) AN ORRINARCE to amend and reordaln Section m144, *Departmental Equipment end Improvements,# of the 1960 Appropriation Ordinance, and providing for (For full text of Ordinance. see Ordinance Book No. 24. page 145.) 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. Rheeler NAYS: None ..........................O. RECREATION D~PASYMENY-PARKS AND PLAYGROUndS: The City Clerk presented a communication from the Senior Council of the Villa Heights Community Center. in which it reqnested that preliminary plans and a cost estimate be prepared for an addition to the Community Center building for presentation to Council by the City Manager along with the lgGl budget estimates, pointing out that. since its opening. the Community Center has grown beyond expectations, having an average of 2,000 per- sons using the center monthly, that on Friday nights, mhen the teena§eF$ have. their weekly dance, the dancehall is crowded beyond capacity, and that other facilities of the center are not adequate to meet the demand. Mr. Dillard moved to concur in the request and to refer thematter to the City Manager. The motion was seconded by Mr. Young and adopted. ZONING: The City Clerk presented a request of Robert E. Mundy, et ux., that their property located on Colonial Avenue, S. W., designated as Official Tax No. 12R0303. be rezoned from General Residence District to Special Residence District. Mr. Young moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Anderson and adopted. SEMERS AND ST*RS BRAINS: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, requesting that the contract of September 29 lg54. between the City of Roanoke and the County of Roanoke. dealing with the treat- ment Of domestic and commercial wastes, be amended by adding thereto an area containing 16.05 acres, located at the intersection Of State Routes aGR6 and u692. west of the city. Mr. Anderson moved to refer the request to a committee composed of Messrs. Roy L. Webber, Chairman. Malter L. Young, Arthur S. Owens. and Randolph G. Mhittle. for study and recommendation. The motion was seconded by Mrs. Pickett and adopted, Mr. Dillard voting no. REPORTS OF OFFICERS: BUDGET-DEPARtMENT OF PUBLIC WELFAR£: The City Ranager reported that. effective July 1. 1960. the Department of [elfare and Iostitutions of the Common- wealth of Virginia has approved an inorease Of $1.00 per day in the rate for ~408 hospitalization of indigents, making the new rate $19.50 per day, and requested that Council authorize such Increase. Hr. Dillard moved to table the matter. There being no second, the motion Mr. Webber then moved to concur in the request of the City Mannger and offered the folloming emergency Ordinance: (z14062) AN ORDINANCE lo amend and reordain Section uSO, "Hospitalization** of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 24, page 145.) Wv. Webber moved the adoption of the Ordinance. The motion mas seconded by MFS. Pickett and udopted by the follouing vote: AYES: Council members Anderson, Cumuli, Dillard, Pickett. Rubber. Young, and the President. Mr. Mheeler ............ ~--?. NAYS: None .......................... O. AIRPORT: The City Manager requested that Council authorize a nun contract, effective April 1. 1960, uith the Nik-O-Lok Company, Indianapolis. Indiana, for continued supplying of coin toilet locks in the Administrntion Building at the Roanoke Municipal Airport, which he advised is at a more favorable rate than the oldl contract. Mr. Webber moved to concur in the request and offered the following 0rdi- nnnce: (~14063) AN ORDINANCE uuthorizin9 and directing the City Manager to execute a five-year agreement granting unto the Nik-0-Lok Company the Fight to install seven (?) locks, more or less. on certain toilet facilities at Woodrum Field. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he ia hereby, authorized and directed, for and on behaif of the City of Roanoke. to execute a five-year agreement, commencing as of the 1st day of April, 1960. betueen the Nik-O-Lok Company and the City of Roanoke. granting unto the Nik~0-Lok Company the right to install seven (7) locks, more or less. on certain toilet facilities in the Administration Building at Woodrum Field, upon such terms as may be approved by the City Manager. including, however, a provision that all coins deposited in such locks shall belong to, and be divided between, the company and the City in the following proportions, viz.: $0~ to Airport and SO~ to Lock Company out of first $4.00 per lock per month average B5% to Airport and IS~ to Lock Company out of next $4.00 per lock per month average 95~ to Airport and 5~ to Lock Company all in excess of SD.O0 per lock per month average.' Mr. Webber moved the Ordinance on its first reading. The motion was second by #rD Youn9 and adopted by the following vote: AYES: Council members Anderson. Nebber. Young, and the President, Mr. Wheeler ................................ 4* NAYS: Council members Cornell. Dillard, and Pickett ....................... 3. 4O9 The City Manager requested that Council authorize a contract between the City of Roanoke end American Locker Company. Incorporated, for eight parcel checking lockers in the Terminal Building at the Roanoke Municipal Airport, permitting the Company to render automatic parcel checking locker service thereat. Mr. Webber moved to concur In the request of the City Manager and offered the following Ordinance: (s14064) AN ORDINANCE authorizing add directing the proper City Officials to execute · rive-year agreement between the City and AMerican Locker Company, Incorporated, permitting the Locker Company to render automatic parcel checking locker service to patrons using Woodrum Airport. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and they are hereby, authorized and directed, respectively, to execute and attest, for and on behalf of the City of Roanoke, a five-year agree* meat, bearing date the lit day of March. 19bO, with the American Locker Company, Incorporated, permitting the said Locker Company to render requisite automatic F checking locker service to patrons using Woodrum Airport. upon such terms as may be approved by the City Manager, Including, however, provisions that the followin9 percentages of all coins deposited in such lockers shall belong to and be kept by the City, viz.: Where Gross Monthly Percentage to be Retained Receipts Are: Monthly Dy The City Under $100. 50~ $ 100, up to $200. 55 $ 200. " $400. 60 $ 400. $600. 61 $ 600. " * $800. 62 $ 800. * S900. 63 $ 900. . $llOO. 64 $1100. " " $1S00. 65 $1300. $1500. 66 $1500. $1800. 67 $1800. ~ * $2000. 68 $2000. # $2500. 69 $2500. and Over 70. Mr. Webber moved the Ordinance on its first reading. The motion was seconde( by Mr. 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, REPORTS OF COMMITTEES: NONE. UNFINISUED OUSINESS: ZONINO: Council at its meeting of April 18. lq60. hating referred to the City Planning Commission for study and recommendation a petition of Frank Wiggins. uxb, requesting that their property designated as Lots I and 2, Section 1, Oregon Park, located on th~ northeast corner of Shenandoah Avenue and Thirty-sixth Street, N. W.. be rezoned from General Residence District to Uusiness District'. the City Planning Commission submitted its report, advising that in its opinion there is no need for additional commercial facilities la tbe neighborhood, that rezontflg of the property would result in depreciating residential values of nearby property owners, and that there is · deed restriction existing in this area, restricting the use of the property for'residential purposes, the Commission therefore recommending that Council deny the request of the petitioners. The City Clerk presented n communication from Mr. J. Thomas Engleby. III, Attorney for the petitioners, requesting that he be permitted to withdrnw the petition. Mrs. Pickett moved to concur in the request for withdrawal. The motion was seconded by Mr. Young and adopted. STREETS AND ALLEYS: Council at its meeting of May 9, 1960. having referred to the City Planning Commission for study and recommendation a request of Dora McDaniel, et al** that a portion of Frontier Road. N. W., extending from a point approximately 431.42 feet from its intersection with Williamson Road and a distance of 000 feet to the intersection with McAfee Street, be. pernanently vacated, dis- continued, and close~, the City Planning Commission submitted its report, advising that in its opinion the street should not be permanently closed due to the fact thnt at some future date it may be used as a connecting street serving the residential areas located between Williamson Road and Whiteside Street. and therefore recom- mending denial of the request, the City Planning Commission further recommending that, until the street is opened by the city. barricades be placed across the street at the east and west ends of the Preston Park School site lying on th~ south side i[thereof to prevent motor vehicles travelling the unopened street. The City Clerk advised that the Commissioners appointed by Council in this matter hare not submitted a report on the question of the requested closing and that the attorney for the petitioners has indicated that the petition will be withdrawn iii the street is barricaded as recommended by the City Planning Commission. Mr. Webber moved to direct the City Attorney to prepare a Resolution authorizing and directifl9 the City Manager to place barricades across Frontier Road along the east and west property lines of the Preston Park School site, as recom- mended by the City Planning Commission. The motion was seconded by Mrs, Pickett and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PENSIONS-POLICE DEPARTMENT-FIRE DEPARTME~: Ordinance No. 14053, to amend and reordain Section 5. 'Amount of Pensions' of Chapte~ 2. 'Police and Fire Pensions Prior to January 1. 1946' of Title III. 'Pensions and Retirement' of The Code of t~ City of Roanoke, lgSb, having previously been before Council for its first reading, read and laid over. was again before the body. Mr. Young offerin9 the following for its second reading and final adoption: (#14053) AN ORDINANCE to amend and reordain Section S. 'Amount of peflsion~ of Chapter 2. 'Police and Fire Pensions Prior to January 1, 1946' of Title III. 'Pensions and Retirement' of The Code of the City of Roanoke, 1956. (For full text 9f Ordinance, see Ordinance Book No. 24, page 144.) Mr. Young moved the adoption or tke Ordinunce. The motion mas seconded by Mr. Webber and ndopted by the /ollowfng rote: AYES: Council members Anderson, Corn*Il. Dillard, Pickett, Mebber, Young, and the President, Mr. Wheeler .................. NAYS: None .............................O. PURCHASE OF PROPERTY-STREETS A~ ALLEYS: Council at its meeting of May 16, lgGO, having appropriated funds for certain Improvements to Whit*side Street, N. (Patrick Henry Boulevard) which requires an extension of the contract of Adams Construction Company, Mr. Dillard offered the following Resolution: (g14065) A RESOLUTION extending the contract of July It, lgSq. between Adams Construction Company and the City of Roanoke for the improvement of Mbiteside Street (For full text of Resolution, see Resolution Book No. 24. page 146.) Mr. Dillard 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. Nheeler .................... 7. NAYS: None ...............................O. PENSIONS: Mr. Anderson offered an Ordinance to amend and reordain subs*ciao (14) of Section subsections (9) (c) and (17) of Section 7. lo *Benefits* of Chapter 1. *General Provisions* of Title III. *Pensions and Retirement* of The Code of the City of Roanoke., 1956, which, he advised, would provide for pay- of pensions to (1) the widows Of those members of the Employees* Retirement System who have died in service; (2) widows of those members who died after being pensioned; and (3) widows who may survive those members who are now on pension, on the basis of one-half Of the respective sums that the principal would have dramn, drew, Or is now dramJng. Mr. Anderson pointing out that Council. on the 12th day of October. 1959. amended the Employees* Retirement System provisions to provide for similar pensions to widows of members in service on and after the effective date Of that amendment, and advising that the Ordinance was prepared by the City Attorney has been approved by George B. Buck and Company, Consulting Actuaries of the System. Mr. Webber moved to table the matter until the next regular me*tin9 of Council. The motion was seconded by Dr. Corn.Il and adopted. MOTIONS A~D MISCELLANEOUS BUSINESS: SIGNS: The Mayor advised Council that he and the City Manager have consul* with Mr. W. Jackson Shepherd. President of the Roanoke Merchants Association. with the idea o[ placing flower baskets or boxes On light poles in the downtomn area as a beautification project, that the Merchants Association has brackets upon which to the baskets or boxes and that the City Manager has advised that sufficient scrap material is on hand for the boxes or baskets. The City Manager advised that his idea is to place boxes on the brackets which would be parallel to the curb line and approximately nine feet from the side- malk level and permit potted or other plants to be placed therein by the merchants. further advising that he would like to try the plan on Jefferson Street from the railroad south to Elm Avenue. '4.1.2 Dr. Cornell moved to table the matter until the next regular meeting of Council and invite representatives of ~he Roanoke Rerchants Association to appear at that ~lne and present their plans in connection with the proposal, at mhicb tine the matter can be discussed. The motion mas seconded by Mr. Dillard and adopted. There being no further business, Council adjourned. APPR'OVED ~sldent 413 COUNCIL, REGULAR MEETING, Tnesday, May 31, 1960. The Council of the City of Roanoke met in regular meeting in the Council Chamber Jn the Municipal Building. Tuesday. May 31. 1960, at 2:00 o'clock, po m., the regular meeting hour, with the President, Mr. Wheeler, presiding. PRESENT: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young, and the Presfdento Mr. Wheeler ........... 7. ABSENT: None .........................O. OFFICERS PRESEKI: Mr. Ilarry R. Vates, Acting City Manager and City Auditol Mr. James N. Kincanou, Assistant City Attorney, and Mr. J. Robert Thomas, City Clerk~ INVOCATION: The meeting was opened with a prayer by the Reverend Richard B. Addison, Pastor, Valley View Wesleyan Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on May 23, 1960, having been furnished each member of Council. upon motion of Mrs. Pickett. seconded by Mr. Webber and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS. AND CORMONICATXON5: DEPARTMENT OF PUBLIC ~ELFARE-BURRELL MEMORIAL HOSPITAL: The City Clerk presented a communication from the Burrell Memorial Hospital, requesting that the Department of Public Welfare allocate specific amounts of funds appropriated for hospitalization of indigents to each of the hospitals on either a monthly or annual basis, thereby permitting the hospitals to control admission of indigent patients based upon funds available, and that such fund allocations be effective July i, 1960 which is the date established for the new contracts with hospitals based upon the new rate of $19.50 per day as approved by the State Department of Welfare and In- stitutions. It appearing that the matter of indigent hospitalization is presently being considered by a committee heretofore appointed by Council, Mr. Webber moved to refer the request of Burrell Memorial Hospital to said committee composed of Messrs. Willis M. Anderson, Chairman. C. M. Cornell, Arthur S. Owens, Randolph B. Whittle, and Miss Bernice F. Jones for study and recommendation. The motion was seconded by Mr. Young and adopted. SIGNS: The City Clerk presented a communication from the Roanoke Merchant Association, in connection with the request presented to Council at its meeting of May 23, 1960, that the city and the Merchants Association, as a cooperative venture install on the street lighting poles on Jefferson Street. between the Norfolk and Western Railway Company's main line and Elm Avenue, flower boxes on an experimental basis with a view toward extending such installations throughout the downtown area as a beautification project. 414 Mr, #, Jackson Shepherd, President of the Roanoke Merchants Association, along uJth other members or the Yerchuuts Association, appeared beV,re Council and tared that this request represents one or the Bany projects the Association is lanniag to attract business to the downtown business district, that since this pro- eot'would be carried on on city property it is necessary that the city cooperate ith the Merchants Association to assure its success, that the Association has brach- ~ts for the street lighting poles normally used in connection ulth Christmas dec,re- Lions ubich would be used to snpport the flower boxes in question, and that the City Hanagev has advised that the city can construct the flower boxes from scrap material now on hand, Mr. Shepherd advising that maintenance or the boxes, the planting and care of the flowers will need to be worked out, and suggesting that Council designat~ M hn some of its members to serve with a committee which will be appointed by the erca t Association tO work out the details and effectuate the necessary coordination. #r. Webber moved to direct the City Attorney to prepare a Resolution authoriz- ing the City Manager to cooperate with the Merchants Association in installing flo- lJwer boxes on the street lighting poles on Jefferson Street. between the Norfolk and Western Railway Company's main line and Elm Avenue, on an experimental basis, in iIaccordance with the request of the Merchants Association. The motion was seconded iby Mc. Young and adopted. Mr. Anderson then moved to designate Mrs. Pickett and Mr. Webber as members of Council to serve on the advisory committee to be appointed by the Merchants Associa- tion in connection with the project. The motion was seconded by Mr. Young and adopted. CITY ATTORNEY-SCHOOLS: The City Clerk presented a communication from the Roanoke City School Hoard. requesting that Council authorize appointment of an attor- ilney to represent the School Board in certain matters presently pending and to appro- print, necessary funds therefor. { Mr. Webber moved to concur in request following emergency the and offered the Ordinance providing funds for such special counsel to be appointed by the City iAttorney: (u14066) AN ORDINANCE to amend and reordain Section =4, 'Attorney,' of the 1960 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, Page 150.) Rr. Webber moved the adoption of the Ordinance. 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 .......................................... NAYS: Council members Corm. Il and Dillard ..... 2. TRAFFIC: The City Clerk presented a communication from the Y.m.C.A., request- lng that Council authorize the City Manager to issue a permit to the Y.N.C.A. to hold 415 dances in First Streeto S. W,, in front of its building, from 6 to 12 p, m,, on Fri- day, June 3, 1960. and Friday, Joly 1. 1960. adrlsing that the crtF Manager has agreed to erect barricades and provide police protection for the two occasions in the event Council authorizes them, HFS. Pickett moved to concur in the request and to direct the City Banager to issue the necessary permits, establish the necessary barricades, and provide such police protection as, in his Judgment, is required. The motion was seconded by Mr, Webber and adopted. REPORTS OF OFFICERS: BUDGET-RECREATION DEPART#ENT: The City Banager reported that the Preston Park Community Center bas been completed at a cost of $50,617,00, of the funds heretofore appropriated therefor, and requested that an appro- !pr iat ion i: th~t.2 .... t be made. r. o g moved to concur in the request and offered the following emergeno iOrdinance: (=14057) AN ORDINANCE to amend and reordaln Section =142. *Transfer to i Improvement Fund," of the 1960 Appropriation Ordinance, and providing for an emer- i!gency* (For full text of Ordinance, see Ocdinance Book No. 24, page 151.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by iIRFo Dillard and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young, [and the President. Mro Wheeler .............. NILS: None ....................... BUBGET-JUYENILE AND DOMESTIC RELATIONS COURT: The City Ranager presented a request of the Judge of the Juvenile and Domestic Relations Court. for an appro- priation of $1,?OO.OO to provide for air conditioning the quarters of said court, chi City Manager making no recommendation. Mr. Dillard moved to concur in the request of the Judge of the Juvenile an* Domestic Relations Court and offered an emergency Ordinance appropriating $1.?00.00 as requested. Mr. Dillard moved the adoption of the Ordinance, The motion was seconded by Dr. Cornell, It appearing from a general discussion that the Juvenile Detention Bome activities will be removed from the present quarters to the new building presently being constructed at Coyner Springs in the latter part of the year, and that purchas~ of equipment for air conditioning at this time might be premature since it will be necessary to either provide new quarters for the Juvenile and Domestic Relations Court or remodel and expand its present quarters at the time the Detention Done activities are moved, Mrs. Pickett offered a substitute motion to refer the request 416 to the City Manager for study, along with the question of pr*vlsi*nor adequate quar- ters for the Juvenile and Domestic Relations Court when the Juvenile Detention Home activities are moved to the new Detention Hone, and recommendation thereon, such recommendation to include an estimate of the costs involved, The motion was secondet by Mr. Anderson and adopted, Dr. Cornell and Mr. Dillard voting no. SEWERS AND.STORM DRAINS: The City Manager reported that the contract between the city, and Rea Construction Company for improvements to the Sewage Disposal Plant is approximately 70 per cent complete and that due to unstable soil conditions and other unforeseen matters, twelve change orders to the contract hare been approved date, in the total an*ant of $1,301.13, which he requested that Council approve. Mro Young moved to concur in the request and offered the following Reso- lution: (#14060) A RESOLUTION approving twelve change orders, covering items of ~minor extra work, performed by Rea Construction Company pursuant to its contract with ~ilthe City for additions to the sewage treatment plant. (For full text of Resolution, see Resolution Book No. 24, page 151.) Yr. Youn9 moved the adoption of the Resolution. The motion was seconded by Mr. Anderson and adopted by the following vote: t AYES: Council members Anderson, Corneli, Dillard, Pickett. Webber, Young, !;and the President, Mr. Wheeler ............... 7. i, NAYS: None ........................O. i] DONATIONS-TAXES-SEWERS AND STORM DRAINS: The City Manager reported that MF~ !M. R. Apgar. Elliston, Virginia, owner of Lot 2, Section 34, East Gate Addition, has !offered to convey to the city said Lot 2, In exchange for abatement of 1959 real }i$1o60, and a sewer asaessment, in the amount of $106.gg, and has tendered a properly ~xecuted deed conveying satd property to the city, the City Ranager recommending that the offer be accepted. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~14069) AN ORDINANCE authorizing and directing the acquisition Of Lot Sec. 34, according to the Map of East Gate Addition to the City of Roanoke upon cer- tain terms and provisions; and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 24, page 152.) Rrs° Pickett moved the adoption of the Ordinance. The motion was seconded by Rr. Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber° Young, and the President, Mr. Wheeler .............. NAYS: None-7 .....................O. '417 . TRAFFIC: The City Manager reported that he has investigated therequest of residents of RJeth Street, S, E,, that parking restrictions be removed therefrom betmeen Murray Avenue and Moetrose Avenue, that the only parking restrictions in that particular.area are those established in Front or Stonewall Jackson Junior Righ School, Which are a part of a city-wide program of traffic coetrol In fro~t Of school buildings restricting parking aroung the buildings during the months in which school in in session to provide for adequate fire protection and safety for school children mhich parking restrictions are in effect from ? a, m.o to 6 p. m,, dally, except Saturdays and Sundays, and that he has been advised by the Principal of Stonewall Jackson J~nior Iligh School that he Is opposed to removal of such signs during school the City Manager pointing out that the signs will be removed during'the summer month! when school is not in session, and recommendin9 that Council take no action on the Manager. The motion was seconded by Mrs. Pickett and adopted, REPORTS OF COR#ITTEES: NONE. UNF1NXSHED BUSINESS: LEGISLATION-pLANNING COBMISSXON: Council at its meeting of January 10, 1960, having requested the representatives of the City of Roanoke in the General Assembly of Virginia to amend the law to provide for appointment of members of the City Planning Commission by Council rather than by the City Manager. the City Clerk Chapter 309 of the Acts of the General Assembly of Virginia, 1960 Session, amending Section 15-901 of the Code of Virginia, as requested. Mr. Dillard offered a substitute motion to appoint a committee of three imembers of Council to study the amendment to the Code of ¥irginia and submit its CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 14060, vacating, discontinuing and running alan9 the rear lot lines of Lots 6-36. Block 14, Crystal Sprin9 Land Company Map, parallel to and abutting the right of way of the Norfolk and Mestern Railway Company Minston-Salem Division, having previously been before Council for its first following for its second reading and final adoption: '418 (u14060) AN ORDINANCE vacating, discontinuing and closing a certain uuname street shown on the Hap of Crystal Spring Land Company running along the rear lot lin sf Lots 6-36, Block 14, Crystal Spring Land. Company Nap, parallel to and abutting the !ight of may of the Norfolk and Western Railway Company Ninston-Salem Division (for- surly Roonoke Southern Railway). (For full text of Ordinance. see Ordinance Book No. 24. page 147,) Mrs, Pickett moved the adoption of the Ordinance, The motion mas seconded )y Mr, Young and adopted by the folloming vote: AYES: Council members Anderson Corn, lie Dillard. Pichett. Rebber. Young. iud the President. Mr. Rheeler .............. 7. NAYS: None ....................... O. AIRPORT: Ordinance No, 14063, authorizing and directing the City Ranager ~o execute a fire-year agreement grantin9 unto the Nih-O-Lok Company the right to install seven (7) locks, more or less. on certain toilet facilities at Noodrum Fleld.l! having previously been before Council for its first reading, read and laid over. was lgain before the body. Mr. W~bber offering the following for its second reading and final adoption: (~14063) AN ORDINANCE authorizing and directing the City Manager to execute .a five-year agreement granting unto the Nlk-O-Lok Company the right to install seven [7) locks, more or less. on certain toilet facilities at Woodrum Field, (For full text of Ordinance, see Ordinance Book No. 24, page 149.) Mr. Webber moved the adoption of the Ordinance. The motion mas seconded )y Mr. Anderson and adopted by the following vote: AYES: Council members Anderson. Webber. Young. and the President. Mr. Wheeler ........................................................ 4. NAYS: Council members Cornell. Dillard and Pickett--3. AIRPORT: Ordinance No. 14064. authorizing and directing the proper City fficials to execute a five-year agreement between the City and American Locker Com- pany. Xncorporated. permitting the Locker Company to render automatic parcel checkingl] ilocher service to patrons using Soodrum Airport. having previously been before Council for its first reading, read and laid overt was again before the body, Mr. Young !~ffering the following for its second reading and final adoption: (#14054) AN ORDINANCE authorizing and direetin9 the proper City Officials to execute a five-year agreement between the City and American Locker Company. Incor- ilporated, permitting the Locker Company to render automatic parcel checking locker service to patrons using Woodrum Airport. (For full text of Ordinance. see Ordinance Book No. page 150.) 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. Webber. Young. and the President, Mr. Wheeler ............... NAYS: Mr. Dillard .........1. · '-,.4:t9 P£NSIONS: Council at its meeting of Ray 23, 1960, having tabled until its next regular meeting au Ordinance to amend ned reordoJm portions of Chapter 1, Title III, 'Pensions and Retirement', of The Code of the City of goanoke**lg$6, the matter again before the body, Hr, Dillard offering the folloming Ordinance: (g14070} AN O~DI~A~C£ to amend and reordafu subsection (14) of Sect/on 1, 'Definitions* and subsections (9) (c) aud.(IT) of Section ?. *Benefits' of Chapter 1, 'General Provisions' of Title 1II. 'Pensions and Retirement* of The Code nf the City of Roanoke, 1956.. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1, That subsection (14) of Section 1. 'Definitions* of Chapter eral Provisions' of Title III. 'Pensions and Retirement' of The Code of the City of Roanoke. 1956, be, and said subsection is hereby, amended and reordained so as to read and provide as follows: (14) Pension shall mean annual payments for life derived from money provided by the city, or the allowance provided to widows in accordance with Section T, subsection (IT), 2, That subsection (9) (c) of Section ?. 'Benefits' of the last-men- tioned chapter and title he, and said subsection is hereby, amended and reordained so as to read and provide as follows: (c) Upon the receipt of proofs, satisfactory to the board, of the death of the last to die of a retired member and the person designated under an option if an optional allowance has been elected and become effective, or upon the death of his widow if a widow's pension is payable, there shall be paid to such person, if living, as the member shall have nominated by written designation duly acknowledged and flied with the board, otherwise to the estate of the retired mem- ber, any excess of the member's accumulated contributions at retirement Or at death prior to retirement over the sum of any retirement allowance payments and any pension payments under Section 7, subsection (17) received, except that if a member's contributions had been previously paid to his beneficiary or legal representative under the provisions of either Section 7, subsection (7) or paragraph (b) of this subsection and such contributions are not repaid to the System as provided in Section ?, subsection (17) no such payments shall be made to the widow. 3. That subsection (17) of Section T. 'Benefits' of the last-mentioned chapter and title be, and said subsection is hereby, amended and reordained so as to read and provide as folloms: (17) ~ensions to widows. Upon the receipt of proofs, satisfactory to the board, of the death on or after July 1, 1946, of a male member In active service after the completion Of twenty Or more years of creditable service or after the attainment of age sixty, or Of the death of a retired male member who retired on or after July 1, 1946, a pension shall be payable to his widow provided she was his wife at least one year prior to his death and further provided that he had not made an optional election under subsection (13) of this section which is in full force and effect. The amount of the pension shall be one-half Of the retirement allomance to which the member was entitled or would have been entitled had he retired at the time Of death under the provisions of paragraph (b) of Section 6 or under the provisions of subsections (1) and (2) Of Sec- tion T, except that if the wfdom is younger than the de- ceased member by more than five years the amount of pension shall be the actuarial equivalent of the pension that would have been payable to a widow five years younger than the · '420 deceosed. The pension to the widow shall commence at the . date of death of the member or retired member or as of Jan- .nary 1. 1960t if later, provided that If a member's accumu- lated contributions hod been previously paid to bis bene- ficiary or. estate under the provisions of either Section ?, subsection (7) or Section 7, subsection (9) (b), and an amount equal to such accumulated contributions is not repaid on or before August 1, 1960, to the System with regular interest from date of payment to January 1. 1960, the pension otbermise payable under this subsection shall not commence until the sum of the pension payments withheld shall equal such amoont of accumulated contributions mith regular interest to January 1, 19bO, and shall cease at her remar- riage and any excess of the member*s accumulated contributions at the time of retirement or death, ir prior to retirement, . over the amount of any retirement allonance payments and any pension payments previously made shall then be payable to her. except that if a member's contributions bad been previously paid to his beneficiary or legal representative under the provisions of either Section ?. subsection (7) or Section 7. subsection (9) (b) and such contributions are not repaid to the System as provided in this subsection (17), no sach payment shall be made to the widow. Mr. Dillard moved the Ordinance on its first reading. 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 ..... NAYS: None ..............O, STREETS AND ALLEYS: Council at its meeting of Ray 23. 1960, having directed the preparation of a Resolution directing the City Manager to barricade a portion of Frontier Road, N. N., Mr. Webber offered the following Resolution: (:!4071) A RESOLUTION directing the City Manager to barricade a portion Frontier Road. N. (For full text of Resolution. see Resolution Book No. 24. page 153.) 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. Rebber, Young, i[and the President, Mr. Wheeler ...... NAYS: None ............... O. The City Clerk then presented a communication from Mr. Richard T. Edwards, Attorney for Dora G. gcDaniel, et al** withdrawing the request of his clients for closing of Frontier goad, N. R., from a point approximately 431.42 feet from its intersection with Nilllamson goad. a distance of 880 feet to a point of its inter- section with McAfee Street, and requesting that Council repeal Resolution No. 14039, iadopted on the 9th day of May, 1960, appointing viewers in the matter. Mr. Anderson moved to concur in the request and offered the foil*win9 Resolution: (=14072) A RESOLUTION repealing Resolution No, 14039, adopted by this Council on the 9th day of Way 1960, providing for the appointment of viewers in connection with the petition of Dora G. McOaniel, et al** to close a portion of Frontier Road, N. W. (For full text of Resolution, see Resolution Rook No. 24, page 154.) Mr, Anderson moved the adoption of the Resolution, The notion nas seconded by NFo Young and adopted by*he following vote: AYES: Council members Anderson, Cornell, Pickett, Rebber, Young, and the President, Mr. Uheeler .............. 6, ROYfO~S AND NISCELLANEODS DUSINESS~ · SIGNS: MayorWheeler stated that prior to coming to the meeting of Council he nas requested by the Roanoke Valley Junior Woman*s Club to advise Council that in connection with the #ism Virginia Pageant sponsored by said Club with the assistance of various merchants and business men of the city, mhicb will be held in Roanoke on June 16, 17, and 18, 1960, the Club requests permission to place a banner OVer the intersection of Jefferson Street and Campbell Avenue. Mr. Anderson moved to direct the City Attorney to prepare a Resolution granting permission to the Roanoke Valley Junior Moman*s Club to erect the banner* providing therein the necessary requirements to save the city harmless from any liability. .The motion was seconded bi Mr. Mheeler and adopted. Mr. Dillard then moved to direct the City Attorney to prepare a Resolution authorizing the Democratic Executive Committee to place a banner across Jefferson ~IStreet at Franklin Road advertising the Democratic candidates for City Council in the June 14, 1960, general election. The motion was seconded by Dr. Corneil and lost. !ICouncil members Anderson, Pickett, Webber, Young, and the Mayor voting no. APPROVED 422 COUNCIL, REGULAR MEETING, Monday, June 13, 1960. The Council of the City of Roanoke met in regular meeting in the Council' hamber in the Municipal Building, Monday, June 13, 1960~ at 2:00 **clock, p, m,, the egular meeting hour. with the President, Mr. Nh*el*r. presiding. PRESENT: Council members Corn*Il, Dillard, Pickett, Mebber, Youngt and the ~resident Mr. lheeler .............. ABSEN~ Mr. Anderson ..... 1o OFFICERS PRESENT: ghittle, 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 Do Kirk Hammond, Executive Secretary, Montgomery Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on May 31, 1960, laving been furnished each member of Council. upon motion of Mrs. Pickett, seconded )y Ur. Corn*Il and adopted, the reading was dispensed with and the minutes approved ~s recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE PETITIONS AND COMMUNICATIONS: PURCHASE OF PROPERYY-PARKS AND PLAYGROUNDS: The City Clerk presented a petition bearing 470 signatures of residents of the general Milliamson Road area, requesting that Council acquire the property known as Nininger Oaks directly across iOakland Boulevard from Preston Oaks Baptist Church, bounded on the north by Frontier Road. for recreational and pork purposes. Mr. Ro S. Ttlley. Attorney for the petitioners, appeared before Council and explained that the property in question is the only stand of trees of any consequence in the vicinity, and that said property is in danger of being subdivided at this time i'and consequently being lost to the city. Mr. Tilley requesting that Council acquire it as an addition to Preston Park, along with the land necessary to connect it th*ret It appearing that the matter was referred to the City Manager for price negotiation and recommendation by Council at its meeting of May 2, 1~60, Mr. Webber moved to table the petition for consideration with the report of the City Manager. The motion was seconded by Mr. Young and adopted. ZONING: The City Clerk presented a request of G. E. Cecil. et ux.. that their property designated as Lots 11 and 12. Block 52. Melrose Land Company. located on Melrose Avenue, N. K., between Sixteenth Street and Seventeenth Street. be res*ned 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 was seconded by Mrs. Pickett and adopted. 423 ZONING: .The City Clerk pr,seated a reqeest of Elbert H, ~aldroo, et that their properties designated as Lots 12-22, inclusive, Block 21, and Lots 4-11, inclusive, Block 25, Nashiegton Heights Land Map, located on Melrose Avenue, N, ~,, between Van nuren Street and Monroe Street, he rezoned from Special Residence Dis= trier to Business DIstrict, Mr, Young moved to refer the request to the City Planning Commission rot study and recommendation. The motion was seconded by Mrs. Pickett nod adopted. AUDITS-PENSIONS: ZAe City CleFt presented a communication from the Board of Trustees of the Employees* Retirement System, transmitting a report of an audit the System by Keenett and Kennett for the calendar year 1959, uhich report stated that all funds have been properly accounted for. Mr, Young coved to file the report, The motion was seconded by Dr. Cornell end adopted. SCHOOLS: The City Clerk presented a communication frnm Nr, B. p. Stoke, snggestlng that Council appoint a local Pupil Placement Boord. Mr, Dillard moved to refer the request to the City Attorney for study and recommendotion. The notion was seconded by Mr. Young and adopted. BUDGET-CITY SERGEAI~r: Yhe City Clerk presented a copy of a communication from the City Sergeant to the State Compensation Board, requesting that said Board increase the salary of the City Sergeant to an annual rate Of $11,000.00, effective July 1, 1950, under provisions of an Act of the General Assembly of Virginia, 1950 Session, Mrs. Pickett moved to file the request. The notion Mas seconded by Mr. Webber and adopted, REPORTS OF OFFICERS: AIRPORT: The City Manager reported that he has received a proposed Grant Agreement, dated June 9o 1950, for ProJect No. 9-44-012-6010, under which the United States Government agrees to grant fifty per cent of the cost of said Project, the aggregate cost not to be in excess of $350,000,00, and recommended that Council au- thorize execution of the Grant Agreemento Mr, Dillard moved to concur in the recommendation of the CitI Manager and offered the following Resolution: (~14073) A RESOLtrflON ratifying and adopting the City*s Project Applica- tion of March 25, 1960; accepting the Grant Offer issued thereon; authorizing the City Manager to execute said Grant Agreement as evidence of the City's acceptance thereof; authorizing the City Clerk to attest such execution and to affix the City's seal thereto; and authorizing the City Attorney to execute the requisite certificate (For full text of Resoletion, see,Resolution Book N~mber24, Page 156,) Mr. Dillard moved the adoption of th~ Resolution. The motion was seconded by Mr. Young and adopted by the following vote: ' 424 AYES: Council members Coroell. Dillard, Plckett~Mebber, Young, and the President. Mr. Mheeler ....... ~ ..... ~6. · " * , · NAYS: None ............. ~-0. (Mr. Anderson absent) · REPORTS: The City Manager presented a report of the Department of Public Melfare for the month of April, 1960, and reported other departmental reports on fill In his office. Mr. Young moved to file the report. The motion was seconded by Mr. Dillard and adopted. REPORTS OF COMMITTEES: REFUNDS AND REBATES-SEMKRS AND STORM DRAINS: Council at its meeting of May 9. 1960, having referred to a committee composed of Messrs. Arthur S. Owens, Chairman J. Robert Thomas. and John L. Mentworth for study and recommendation, a complaint of Mr, Louis A. Mills, 731Blbb Street. N, E.. that he cannot connect to the sewer in front of his property because of its elevation, and therefore requesting that he be refunded $229.52 representing the amount of the assessment he paid therefor, the :committee submitted its report, advising that a survey of the Engineering Department revealsthat the sewer main, where the lateral to RF. Wills" property connects to it,!! jJis at elevation 924.fl6 in relation to the elevation of 925,91 at the basement floor tJ lof his home, in consequence of which the property owner, to obtain basement drains into the sewer line, will have to install a sewer lift or sump pump. which is not an unusual circumstance in the city, the committee further pointing out that it has not been a policy of the city to guarantee basement drains in homes, and consequently that it can only recommend that the request of Rr. Wills for refund he denied. Mr. Webber moved to concur in the report of the committee. The motion was seconded by Mr. Young and adopted. UNFINISUED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PENSIONS: Section 1. 'Definitions' and subsections (9) (c) and (IT) of Section ?. 'Benefits' of Chapter 1. 'General Provisions' of Title III. 'Pensions and Retirement' of The Code of the City of Roanoke, 1956, 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: (=14070) AN ORDINANCE to amend and reordain subsection (14) of Section 1. 'Definitions' and subsections (9) (c) and (17) of Section ?. 'Benefits' of Chapter 1. 'General Provisions' of Title III. 'Pensions and Retirement' of The Code of the City of Roanoke, 1956. (For full text of Ordinance, see Council Minutes of May 31, 1960.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: Ordinance No. 14070, amending and reordainin9 subsection (14) of;~ 425 AYES: Council members Cornell, Dillard, Pickett· Rebber, Young, and the President, Rro Mheeler .............. NAYS: None ...............O. (Mr. Anderson absent) SIGNS: Council at its meeting.of May 31, lgGO. having directed the prepar~ lion of n Resolution authorizing the City Manager. in cooperation with the Roanoke Merchants Association, to install flower boxes on street light poles on an experi- mental basis, DF. Coraell offered the following Resolution: (~14074) A RESOLUTION authorizing the City Homager, la co-operation with the Roanoke Merchants Association, to install flower boxes on street light poles on Number 24. Page 159.) · Mr. Wheeler .............. 6. NAYS: None ...............Oo (Mr. Anderson absent) iiClub to install a banner over the street at the intersection of Jefferson Street and i[Campbell Avenue in connection with the Miss Virginia pageant to be held in Roanoke on iIJune 160 17 and 18. of this year, Dr. Cornell offered the following Resolution: JefferonstretandanpbllYalleyJuni°rN°man*ScClUbt°lnstallab ......... thestreetatthelnt ..... tionof~ Number 24, Page 159,) iounciliact thereon. Mr. Dillard then moved to refer the request to the City Planning Commission APPROVED 427 COUNCIL, REGULAR MEETING, Monday, June 27, 1960, The Council of the City of Roanoke met In regular meeting in the Council Chamber In the Runicipal Building, Monday, June 27, 19600 at 2:00 o'clock, p. m., the regular meeting hour, with the President, Mr, Wheeler, presiding. PRESENT: Council members Anderson, Corn,Il, Dillard, Pickett, Webber, Young, and the President, Mr, Nh,cleF ADSENT: None ........................... O. OFFICERS PRESENT: 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 Dr, J. Paul Gruver, ! Pastor, First Evangelical United Dr,thrum Church. Copy of the minutes of the regular meeting held on June 13, MINUTES: {having~ Mrs Picket*been furnish,dad do tedeaCh member of Council, upon motion of Mr. Young, seconded by '.* · a a p , the reading mas dispensed with and the minutes approved as ' HEARING OF ClIIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m.. Monday, June 27, 19hO, on the request of N. R. Hath*ur, et al., that their properties lying on the west side of Franklin Road, near the southern corporate limits of the city, designated as Official Tax Nos. 1290105, 1290109, and 1290110 be fez*ned from Cea- oral Residence District to Business District, and notice Of the hearing having been published in The Roanoke World-News on June 10, lg60, afld the City Planning Commis- sion having previously recommended that the request be granted, the hearing was held which no one appeared in opposition, Mr. Lo E. Hurt, Jr., Attorney for the petitioners, appeared before Council and requested that the body concur in the recommendation of the City Planning Com- mission for fez*ming of said properties, pointing Out that this is a natural exten- sion of an existing business district. Dr. Cornell moved to concur in the request and offered the following Ordi- (~14076) 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. WHEREAS, application has been made to the Council of the City of Roanoke have property located on the west side of Franklin Road, S. W., designated as all Official Tan No. 1290106, all of Official Tax No. 1290110, and Official Tax No. 1290109 to a depth of 300 feet from Franklin Road, fez,ned from Ueneral Residence District to Business District; and HHEREAS, the City Planning Commission has recommended that the above par- cels of land be fez*ned from General Residence District to Business District as requested; and ~428 MI~REAS, ngtice required by Title XYe Chapter 4, Section 43, of Tke Code of the City of Roanoke, 1956, relating to Zoning, has been published in UThe Roanoke Rorld-Nems,u a nemspaper published in the City of Roanoke, for the time required by said section; and MBEREAS, the hearipg as provided for in said notice published in the said nemspaper mas held on the 27th day of June, 1960, at 2:00 **clock, p. m., before the Council of the City of. Roanoke in the Conncil Chamber in the Municipal Building. at Juhich hearing property owners and other interested parties In the affected area.were liven an opportunity to be heard both for end against the proposed rezoning; end hBEREAS, this Council. after considering the evidence presented, is of the )pinion that the above parcels of land should be fez*ned 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 ~oning, be amended and reenacted in the following particular and no other, viz,: Property located on the mest side of Franklin Road, S. W.. south of Beech= ilwood Drive, designated on Sheet 129 of the Zoning Map as all of Official Tax No, ]1290106 all of Official Tax No. 1290110, and Official Tax No. 1290108 to a depth.of RO0 feet from Franklin Road, be, and is hereby, changed from General Residence Dis= trict to Business District, and the Zonin~ Map shall be changed in this respect, .Dr. Cornell moved the Ordinance on its first reading. The motion was sec- 'onded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell,. Dillard, Pickett, Webber, Young, ?and the President, Mr. Wheeler ...... ~---7. NAYS: None ................... ZONING: A public hearing having been set for 2:00 o'clock, p. m.. Monday, June 27, 1960, on the request of Suzie G. Horton that her property containing approxi i'mately 1.4 acres, lying on the northeast corner Of Twent~fourth Street and Salem Turnpike, N. W., designated as Official Tax No. 2322213. be Fez*ned from General :Residence District to Business District, and notice of the hearing having been pub- lished in The Roanoke World-Ness on June 10. 1960, 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. John D, Young, II. Attorney for the petitioner, appeared before Council ~nd requested that the. body concur in the recommendation of the City Planning Com- mission that said property be fez,ned, Mr, Young pointing out that it is contiguous to business and light industria~l districts. Mrs. Pickett. moved 5o concur in the request and offered the following Drdinance: (~14077) AN ORDINANCE to, amend and reenact Title XV, Chapter 4, Section 1 of The Code of the City of Roanoke, 1056, in relation to Zoning. 429 RBEREAS, application has been made to the Council of the'City Of Roanoke to hare that certain lot or parcel of land altuate at the'eorth~ast corner of Twenty- fourth Street and Salem Turnpike. No ~.0 containing approximately 1.4 acrea and designated.on the maps prepared by the City Engineer*s Office as all of Official No. 2322213'rezoned from General Residence District to Business District; and ~' RBEBEAS, the City Planning Commission hms recommended that the above parcel of land be'rezoned from General Residence District to'Business District as requested; and NBERKAS, 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 "Yhe Roanoke i#orld-News.' a nemspaper published in the City of Roanoke. for the time re~ulred by ilsaid section; and MHEREASo the hearing as provided for in said notice published in the said I newspaper was held on the 27th day of June. 1960. at 2 O0 o'clock, p.m.. before the i!heard both for and against the proposed rezonlng; and MHEREAS. this Council after considering the evidence presented, is of the !lopi ion that the above parcel of land should he rezoned as requested. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title XV. Chapter 4. 1. of The Code of the City of Roanoke 1956 relating to Section ilZonfng, be amended and reenacted in the following particular and no other, viz.: Property located on the northeasteorner of Twenty-fourth Street and Salem Turnpike, No M., described as containing approximately 1.4 acres, designated on Sheet 232 of the Zoning Nap as all of Official Tax No. 2322213, he, and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. Mrs. Pickett moved the Ordinance on its first reading. 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. Rheeler .......... ?. NAYS: None ................... O. ZONING-SETBACK LINES: A public hearing having been set for 2:00 o'clock. p. m.. Monday. June 27, 1960. on the question of establishing setback lines of ten ~eet on the south side add twenty 'feet on the north side of McClanahan Street. S. between Jefferson Street and Franklin Road, as recommended by the City Planning Com- mission, and notice of the hearin9 having been published in The Roanoke World-Nems, the hearing mas held at which no one appeared in oppoaitiou. Mr. Warner Ko Sen~baeh, Director of Planning, appeared before Council and advised that Ordinance No, 6859, adopted on the 24th day of February, 1941~ esta- blished a setback line of twenty feet on the nort~ side of McClanahan Street, S. N., 430 -. between Franklin Road and Carolina Avenue, that the bulk of the propert7 on the north side of McClanahnn Street bas been zoned for commercial uses and that nil the propert! 0users, so far, have voluntarily constructed their buildings twenty feet from the street in the area mhere no setback lines exist, Hr. Seasbach stating tbut, in his epJnion, the setback lines are needed for future street widening purposes since Roa- noke Memorial Hospltalt on the eastt and Route 220, on the west, along with the businesses located on the street,.generate n considerable traffic load which can be expected to increase measurably. .MFo B~llard moved to direct the City Attorney to prepare the necessary Ordinance providing for the setback lines as recommended by the City Planning Com- mission, The motion was seconded by Mr, Rebber and adopted. PETITIONS AND COR#UNICATIONS: HOUSInG-SLUM CLEARANCE: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority. advising that it has an offer to!! purc use I , 0 square feet of land lytngtn the Commonwealth Redevelopment Project rea on the.southeast corner of Orange Avenue and Rilliamson Road, upon which the prospective purchasers plan to erect a motel costing approximately $$O0,OOO.00, that i~under the Redevelopment Plan heretofore approved by Council, it is required that a minimum ratio of one parking space for each one hundred square feet of ground floor above the ground floor he provided, and that this requirement is unrealistic. a provision which would require motels in the area to provide a minimum of one park- ling space for each motel unit or duelling room for rent, which, in its opinion, is !adequate and proper. i[ Dr. Cornell moved to concur in the request and offered the following Reso- !!lution: iI (~14076) A RESOLUTION modifying the Redevelopment Plan for the Commonwealth iRedevelopment ProJect in the northeast section of the City of Roanoke. Virginia, (For full text of Resolution. see Resolution Hook No. 24, page 160,) by RF. Dillard and adopted by the following vote: NAYS: None ................... O, STREETS AND ALLEYS: The City Clerk presented a communication from the foot alley lying in the rear Of Lots 27 and 28, Block ?, Virginia Heights, extending tward from Oxford Avenue, S. W., be vacated, discontinued and closed. Mrs. Pickett moved to refer the request to the City Planning Commission fo~ - 431 5IDEWAL£, CURB AND G~YER-STREETS AN* ALLEYS: Tke City Clerk presented u petition from residect$ of the 300 block of Fleming Avenue, Ho E** advising that the city ksn kev*tgi*re cstnblisked a five-foot setbscN line on the front of their respec tire properties, and offering to deed to the city the said five feet from the front of their properties in exchange for construction of concrete curb and gutter at the city's cost, mlth the understanding that the city mill pave the street uitbiu a rea- sonable time after construction of said curb and gutter. Mr. Webber moved to refer the matter to the City Ranager for study and recommendation, including an estimate of the cost thereof. The notion mas seconded by Rt. Young and adopted. PENSIONS-CITY SERGEANT: The City Clerk presented a connunicutlon from the City Auditor, advising that he has been informed by the Director of the Virginia Supplemental Retirement System that the 1960 Session of the General Assembly of Vir- ginia, under Section 51-111,67:3 of the Code of Virginia. provided for group life insurance for all employees of the state and the political subdivisions thereof par- ticipating in the Virginia Supplemental Retirement System, said employees to be auto- matically eligible for participation in such insurance on July 1, 1960, unless the governing body of the political subdivision concerned adopts a Resolution declining accept the program for such employees in that subdivision prior to the effective date, July 1, 1960. that the City Sergeant.and his employees are the only group in the City of Roanoke presently eligible for the insurance coverage and that, should they avail themselves of the maximum benefits, it Mill cost said employees $655.20. ilthe state and city, $131.04, of Mbich the city's portion Mill he $43.68, the City Auditor further advising that there is a possibility that this include all program may i?alaried employees of the municipality but, as of now, this has not been ruled on by lithe Attorney General of Virginia. After some discussion, Mr. Dillard offered the following Resolution: #A RESOLUTIO~ declining, on behalf of the City of Roanoke, to participate in certain group life insurance benefits otherwise available to employees of political subdivisions participatiug in the Virginia Supplemental Retirement System. NUEREAS. only the personnel of the City Sergeant*$ Office of the City of Roanoke participates in the Virginia Supplemental Retirement System; ~nd WHEREAS, pursuant to Article 9 of the Virginia Supplemental Retirement Act, as amended, employees of political subdivisions participating in the Virginia Supplemental Retirement System will be automatically eligible for certain group life insurance benefits unless the governing body, prior to July 1, 1~0. the effective date Of the program, declines participation by adopting a negative resolution; and WHEREAS, since only the personnel of the City Sergeant*$ Office of the City Of Roanoke participates in the Virginia Supplemental Retirement System, in the judgment of this Council, the City Of Roanoke should not participate in the aforementioned group life insurance benefits. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City does not desire to participate in certain group life insurance benefits otherwise available to employees of political subdivisions participating in the Virginia Supplemental Retirement System. , BE IT FURTHER RESOLVED that the City Clerk forthwith mail an attested copy of this resolution to Charles H. Smith, Director, Virginia Supplemental Retirement System, Finance Building. Richmond 7, Virginia.' ~432 Mr. Dillard moved the adoption of the Resolution. The motion mas seconded ~y Dr. Cornell and ~ost by.the folloming vote: AYES: Council members Cornell. Dillard, and Pichett ...............3. NAYS: Council members Anderson, Webber, Young, and the Presidento Sheeler ............... #UNIGIPAL RUILDINC: The City Clerh presented · communication from the Ionnohe Council of Garden Clubs, advising that it has completed planting of shrubbery ~n the Runicipal Building grouodst that it has been a privilege and pleasure to them to landscape the lama and it is their hope that its effective beauty mill be enjoyed ~y all who pass and mill also inspire the citizens of Roanoke to make their hones and places of business more attractive, the Council of Garden Clubs acknowledging the Cooperation and assistance of Mrs, Mary C. Pickett, member of City Council, Mr, Roberl iP, Hunter, Director of Parks and Recreation, and Mr. Arthur S, Owens, City Manager. i Mr. Mebber moved to direct the City Attorney to prepare a Resolution accept. iting the plantings and expressing the appreciation of the city therefor. The motion was seconded by Dro Cornell and adopted. REPORTS OF OFFICERS: AIRPORT: The City Manager presented a communication from the Cosmopolitan Club of Roanoke, requesting that it be granted permission to conduct an air show at Roanoke Municipal Airport on July 24, 1960, or, in the event of rain or bad ueather, on an alternate date of July 31, 1960. the City Manager advising that he cannot issue this permit since Resolution No. 10268, previously adopted by Council, requires adver. tisement for competitive bids for conducting such shows, but recommending, however, that Council waive this requirement and authorize issuance Of the permit since time lis not available for such advertisement and there are no other persons requesting sucl permission at this time, the City Manager advising that the entire proceeds of the ~how. after payment of expenses, will be used for charitable purposes. Dr. Cornell moved to concur in the recommendation of the City Manager and Offered the follouing Resolution: (=14079) A RESOLUTION granting to the Cosmopolitan Club of Roanoke per- hission to sponsor and produce an Air Shom. the net proceeds of which will be used by Raid Club exclusively for charitable purposes, at Roanoke Municipal Airport (Woodrum field) between the hours of 2:00 o'clock and 5:00 o'clock, p. m.. on Sunday. July 24. ~960. or. in the event of rain. on Sunday. July 31. 1960. upon certain terms and da,ions; and uaivin9 certain provisions of Resolution No. 10268 heretofore adopted ~ovember 28. 1949. (For full text of Resolution. see Resolution Book No. 24. page 161.) Dr. Cornell moved the adoption of the Resolution, The motion nas seconded Mr. Dillard and adopted by the following vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, Young, ~nd the President, Mr. ~heeler ........... 7. NAYS: None .................... O, 438 AIRPORT: ~The City Manager presented a report of a study of automobile parking facilities st Roanoke Municipal Alrport,~as prepared by the Director of Plan- ning, the Superintendent of Traffic Engineering a~nd Communications, and the Manager of the Runlcipal Airport, which report be recommended be referred to the Airport Committee for study and recommendation, Mr, Anderson moved to refer the report to m committeecomposed of Messrs, Roy L. Mebber, Chairman, Harry R, Votes, and Ar*her'S. Owens, for study and recom- mendation, The motion Was seconded by Mr. Young and adopted, BUDGET-AIRPORT: The City Manager requested an approprlatioh of $414.00 to pay for equipment rental in connection with snom removal at Roanoke Municipal Airpor~ during the past winter, advising that this item mas overlooked when the previous request was made; Mr. Young moved to concur in the request and offered the following emer- gency Ordinance: (~14080) AN ORDINANCE to amend and reordain Section nBg, #Airport,# of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 163,) Mr. 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. Mebber. Young. and the President. Mr. Mheeler ........... 7. NAYS: None .................... FIRE DEPARTMENt: Council at its meeting of April 4. lgGO. having directed the City Manager to submit to the body a report showing fire equipment now in the Fire Department. giving the age and maintenance cost of each piece thereof, and advise it of the cost Of replacing the various type units, the City Manager submit*mc report prepared by the Chief Of the Fire Department. as requested. Dr. Cornell moved to table the matter until the next regular meeting of Council and to direct the City Clerk to furnish each member of Council with a copy of the report of the Fire Chief. The motion was seconded by Mr. Anderson and adopted~ BUDGET-JUVENILE AND DOIESTIC RELATIONS COURT: Council at it s meeting of May 31. 1960. having referred to the City Manager for study and recommendation the question of air conditioning the quarters of the Juvenile and Domestic Relations ~ourt. including the question Of either new quarters for the Court or remodeling and expansion of the quarters at its pre,eat location after the Juvenile Detention Home activities are removed therefrom later this year. the City Manager reported that he has been negotiating with a private enterprise for leasing the present quarters after the Juvenile Detention Home is removed therefrom, and that he recommends removal Of the Court from its existing quarters at that time. advising, however, that he can no immediate need for making a decision as to the location until after the fer of the Detention Home is made and the possibility of renting or selling the pre- sent property has been considered by Council. the City Manager therefore recommendin .434 that consideration or the question he bold in abeyance,'homeverk'he presented a com= maaicatlon from the Juvenile end Domestic Relations Court, reiterating its request that air condition,lng be installed in the Court quarters now, advising that eight pot table air conditioning units could he purchased at a cost of $1,432.00. Hr. Young expressed doubt that the present wiring.in the Juvenile Court quarters mould carry eight one-ton units and moved to refer the matter back to the City Manager for en estimate of the installation costs of such units, including re- miring, such estimate to be divided into two.parts: (1) for the courtroom alone, and (R) for the entire quarters occupied by the court personnel. The motion mas seconded by Dr. Cornell and adopted. PARKS AND PLAYGROUNDS-STREETS AND ALLEYS: Council at it s meeting of March 14, 1960, having referred to the City Manager petitions from residents of the 1000, 1100 and 1200blocks of Sixteenth Street, S. E.. and of Orandvlew Avenue, N. requesting that the sleigh riding areas at those points be eliminated boca.se of the inconvenience caused to the citizens, the City Manager reported that he has discusse~ this matter mith the Director of Parks and Recreation many times, and, in their opinion, as long as sleigh riding areas are to be provided on city streets, some inconvenience will be caused to some areas, and that every effort is being and will be made by both the Director of Parks and Recreation and the Police Department to ,minimize both the inconvenience and duration of the sleigh riding periods when they i~°ccur*t the City Manager stating that he has certain rules and regulations governing ilsleigh riding activities on city streets and will be glad to furnish copies to each Mr. Anderson moved to table the matter until the next regular meeting of ilCouncil and to direct that the City Manager furnish copies Of the rules and regula- !,ti.ns to members of the body. The motion was seconded by Dr. Cornell and adopted. 2 PURCHASE OF PROPERTY-PARKS, AND PLAYGROUNDS: Council at it s meeting of May i , 1960, having referred to the City Manager for study and recommendation requests of tresidents of the Wllliamson Road area that Council acquire for park purposes a tract lof land owned by Mr. R. Douglas Nininger, knomn as Ntninger Oaks, lying on Oakland Boulevard and Frontier Road, N. E., for park purposes, the City Manager reported that he has consulted with Mr. ~ininger Concerning this property and presented a letter from Mr. Nininger advising that he has prior commitments and contracts for sale of two-thirds of the 3.9-acre tract of land as residential sites and has prepared pre- liminary subdivision plans for a portion thereof, Mr. Nininger therefore regretting that he cannot offer the land for sale to the city. Mr. Richard S. Tilley, Attorney for the petitioners of the area, appeared before Council and presented additional petitions bearing seventy names requesting that the property be acquired, making a total of 540 petitioners in the matter, Mr. Tilley again pointing out that this is the only stand of trees in the area which is available for park purposes, that there are no parks in the area providing any shade it all, and requesting that Council take action to acquire the property before it is subdivided. 435 Reverend G, Palmer Belcher. Pastor of Preston Oaks Baptist Church, appeared and stated that he represents not only his church but the other churches lo the neighborhood, advising that the churches have been very active in supporting the petitions of the people for purchase of the property involved, and voicing the opin- ion that it is urgently needed since there is insufficient playground and park area for the children of the neighborhood. Hr. Webber moved to table the matter for consideration along with the lq61 bridget.The motion was seconded by Hr. Young. Mr. Dillard offered a substitute notion to refer the matter to a committee composed of Mr. Roy L. Webber, Chairman, Hrs. Mary C. Pickett, and #r. Willis W. Anderson for study and recommendation. The motion Was seconded by Dr. Cornell and adopted. . BUDGET-ANNEXATION: The City Manager requested an appropriation of $9,404.33 to pay accounts in connection with the annexation proceedings as follows: Rossen Gregory, $43~o26; Richard T. Edwards, $1,454.00; Ifarland Bartholomew and Associates, $3,250.00; Marcus A. Dieler. $191.75: and Wiley and Wilson. $4.152.32. Mr. Young moved to concur in the request and offered the following iigency Ordinance: (=14081') AN ORDINANCE to amend and reordaln Section ~1§5, *Annexation." iof the 1960 Appropriation Ordinance. and providing for an (For full text of Ordinance, see Ordinance Book No, 24, page 163.) Mr. Youn9 moved the adoption of the OrdinanC~o The motion was seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson Cornell,' Dillard, Pickett, Webber, Young, iand the President, Mr. wheeler ....... '~--7. NAYS: None .................... O. YRAFFIC-SE~ERS AND SYORM DRAINS-STREETS AND ALLEYS: Councll at its meet- lng of A~rtl 25, lg60, having referred to the City Manager for study and recommen- dation a request of E~ Randolph and Eula C. Nichols. 2631 Chatham Street, N. W., thatI the ci~y'construct ~dequate drainage facilities for elimination of storm water on Chatham Street. pave said street, and install a traffic light at the intersection of Chatham Street and WJllJomson Road. the City Manager r~po~ted that to install 3 traf- fic signal at the intersection as requested would cost approximately $4,500.00, for mhjch there i5 no equipment on hand nor funds available l~ the current budget, that it Is impractical to pave Chatham Street until the d~ainage problem is taken care of, Road Underpass. the only practical way to drain Chatham Street would be to channel the water across Rllliamson Road. discharging it on city property on the east afdc of Wllliamson Rood'in the rear of the old public library*s branch site which would cost approximately $3,627.S0. plus the necessity of sinking a drainage shaft at that point for elimination of the storm water, and that Dr. Byron N. Cooper has advised against ~136 discharging the drainage into a well at this location, It being his opinion that such a drainage shaft would he overloaded by the combined drainage from both sides of Rllllamson Road, the City Manager stating that he cannot recommend that this he accomplished at this time since additional land mould need to be acquired adjacent to resently owned city land. and since there would be a possibility of overloading such drainage shaft, be therefore recommending that the entire matter be laid over for consideration along with the 1961 b~dget, and verbally advising Council that he mill consult further with Dr. Cooper and attempt to reach a sola,ion to the problem. Mr. Dillard moved to table the matter until the next regular meeting of Council and to direct the City Manager to consult with Or. Cooper and present his ireport thereon. The motion was seconded by Dr. Cornell and adopted. S£M£RS AND STORM DRAINS: Pursuant to a directive of Council at its meetin of February 15, 1960, the City Manager reported that he has received bids for con- ~truction of a storm drain from Florist Road to Airport Road, N. W., and presented a ;abulation of bids received, showing that of. Draper Construction Company, in the amount of $149,355o90,~as low. In directing the advertisemeet for bids, Council concurred In the interim report of its committee composed of Messrs. Roy L. Webber, Chairman, Walter L. Young,! Arthur S. Owens. and Randolph G. Whittle, in which the said committee advised that Skyway Development Corporation expects to advertise for bids for construction of a sanitary sewer to serve its property located atthe intersection of Airport Road mod Hershberger Road as an alternate to the proposal to connect the said property to the Williamson Road sanitary sewer line in connection with the offer of Skyway Develop- ment Corporation to contribute $35,000.00 to the city to apply on the construction of the storm drain and sewer line as contained in the letter Of its Attorney, Tom Stockton Fox, dated October 1, Mr. J. M. Fuhrman, Vice President of Arian's Department Store which is constructing a department store building on the east side of Williamson Road, appeare ilbefore Council and stated that his company is very much interested in the construction lof the storm' drain concerned since it will provide drainage for its property, thereby relieving the company Of the necessity of drilling drainage wells thereon at an iestimated cost of $2,500.00, Mr. Fubrman advising that his company will grant the city as easement 25 feet wide and approximately 370 feet long through which the pro- l*osed storm drain would run, and in addition, will contribute $2,500*00, the esti- Mr. Webber moved to table the matter until the next regular meeting of Council and to direct the City Manager to study the relative merits of constructing present storm drain under the Mundy Road Underpass to Willianson Road. and submit hi~ adopted. .437 #r, Young pointed out that the property of Shymuy Development Corporation lies iR the countyt that the grading and construction moth thereon has aggravated the storm mater problem, necessitating construction of a drain to carry off that mater uhich fl,ms from the county into the city, and that in his opinion the county authorities should be contacted mith reference to their responsibility in connectio~ theremlth, Dr, Cornell moved to appoint Mr. Young os a committee Of one to consult mith the Roan,he County authorities in the. matter and submit his report thereon, .The motion mas seconded by Hr, Dillard and adopted, The #ayor pointed out that the committee considering this matter is still in existence and should study the matter further and present its report and recom- mendation, Mr, #ebber advised that his committee will meet. some time during the next meeks to consider the entire mutter, . BUDGET-SIDEMALK, CURB AND GUTTER: The City Manager requested an uppropri- ation of $1,750.00 to Refunds and Rebutes to provide for refunds of curb and gutter paid by citizens on projects ubich mere not puid up in sufficient per- !icentages to provide for construction thereof. Hr. Anderson moved to concur in the request and offered the following gency Ordinance: (=14002) AN ORDINANCE to umend and. reordain Section =154, "Refunds and Rebates," of the 1960 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 24, page 164.) Mr. Anderson moved the adoption of the Ordinance. The notion was seconded by Dr. Cornell and adopted by the folloming vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler .......... 7. NAYS: None ................... O, WATER DEPARTMENT: Council at its meeting of July 20, 1950, havin9 directe~ the City Manager to consult with the subdivider of the Round Hill area in northwest in an effort to find a solution to the lom water pressure on the top of Round Hill, the City Manager reported that be has had several conferences with the developers feel they have done all required under existing laws, that the problem is an indivi- dual One rather than a governmental one, and that be cannot recommend expenditure Of funds by the city to increase the static pressure in the few homes concerned. Rt. #ebber moved to file the report. The motion mas seconded by Dr, Cornel and ad~pted. WATER DEPARTMENT: The City Manager submitted a report of Alvord, Burdich and Homson on a study of the Delray Water System, making certain recommendations for increased pumping facilities to relieve mater shortages in the system, and recommende that the report be tabled for consideration along with the 1961 budget. ;:438 Dr. Cornell moved to concur in the recommendation of the City Manager, The motion mos seconded by Mr. Anderson and adopted. . i BUDGET-SALARY AND MAGK PLAN; The City Manager reported that he has met ~lth representatives of the city's Sanitation Department relstive to their request ~ gar mage increases and recommended that Council set a date for meeting with said ~ representatives concerning this matter, ~ toy, June 29, 1960, in the Council Chamber, and to direct the City a ag r o v ~ representatives of the Sanitation Department present at that meeting with the under- ~ standing that they will not lose any pay by reason of attendance at the meeting. The~~ motion was seconded by Mr. Dillard and adopted. LEBXSLATION-PLANNINO COMMISSIONS: The City Attorney, as directed by Coon- cil at its prerious meeting, reported that he has studied Chapter 309, Acts of the General Assembly of Virginia, 1960 Session, authorizing Council to provide for the appointment of members of the City Planning Commission by Council, and advised that to make such provision an amendment to the City Code would be required providing for future appointments to the City Planning Commission to be made by Council, the City Attorney stating that he will draft the necessary Ordinance if Council so desires. Mr. Dillard moved to direct the Mayor to appoint a committee of Council to study the matter and submit its report and recommendations to the body. The motion lwas seconded by Dr. Cornell and adopted, mhereupon the Mayor appointed the following tcommitteefor that purpose: Messrs. #illis M. Anderson, Chairman, 0. Dillard Benton !and Molter L. Young. REPORTS OF COMMITTEES: DEPARTMENT OF PUBLIC WELFARE-BURRELL MEMORIAL HOSPITAL: Council at its meeting of May 31, 1960, having referred to a committee composed of Mr. Willis M. Anderson, Chairman, Dr. C. M. Cornell, Mr. Arthur S. Owens, Mr. Randolph G. Nhittle, and Miss Bernice F. Jones, for study nnd recommendation, a request of Burrell Mum.rim Hospital that specific amounts of funds appropriated for hospitalization of indigents be allocated to each of the hospitals on either a monthly or annual basis, thereby permitting the h~spita~s to control admissions based upon available funds, such allo- cations to be effective July 1, 1960, the committee submitted its report, advihing that the State Department of Welfare and Institutions has stated that the hospitalts request cannot be 9ranted under the State-Local Bospitalization Plan since the State allow its funds to be used in such manner, further, that after July 1, 1960, there will he federal participation in hospitalization costs in the categories of 01d Age Assistance. Aid to the Disabled, Aid to Blind, and Aid to Dependent Children, however, the details of such assistance are not now available to the committee, the committee therefore recommending that no changes in procedure he made at the present time. Mr. Webber moved to concur in the report of the committee. The motion was seconded by Dr. Cornell and adopted. 439 AIRPORT: Council at its meeting of May 9, 1960, having referred to a committee composed of Messrs. Roy L. ~ebber, Chairman, Arthur 5. Omens, and Harry R. Yates for study nnd reconnendation a communication from Hlllman Flying Servlceo re- questing that. it be permitted to rent for its operation the north end of Ranger No. at the Roanoke Municipal Airport, the committee submitted its report, advising that In its opinion this is an administrative matter and should be handled by the City Manager. , .Mr. Young moved, to concur in the report of the committee. The motion mas seconded by Mc. Anderson and adopted. UNFINISD£D BUSINESS: ZONING: Council at its meeting of April 25. 1960, having tabled a report of the City Planning Commission recommending denial of the request of F. R. Kollman- '~sperger, that property lying on the north side of Memorial Avenue at Denuiston Avenue itS.! M., described as Lot 15, Block 5. Section 1, Virginia Heights, be fez,ned from its eclal Residence District to Bu ne iip si ss District, in order to permit the attorney for ilthepetitioner to determine whether or not his client desired a public hearing the ilClty Clerk advised that Mr, To L, Plunkett, Jr,, Attorney for the petitioner, has i!requested a public hearing in the matter. Mr. Mebber moved to set a public hearing on the request for 2:00 o'clock, p m., July 25, 1960, in the CouncilChamher, and to direct the attorney for the ilpetJttoner to prepare the proper notice of said bearing, bare it approved by the City Attorney. and submit it to,mba City Clerk for publication. The motion was sec- i onded by Br. NCornell and adopted. , ZO lNG: Council at its meeting of September 14, 1959, havin9 referred to iithe City Planning Commission for study and recommendation a request of Roy R. Pollard ~r., and Joseph D. Berne that Lots 9, 10, and part of Lot 11, Block 5, Barb.ur Height located on the north side of Brandon Avenue, So W** west of Main Street, be fez,ned From General Residence District to Business District, subsequently, at its meeting on ~ebruary.4, lgGO, having received from the City Planning Commission a recommendation Lhat this property be purchased by the city, and at its meeting of February O, 1960, ~aving tabled the matter until receipt of a report of the City Planning Commission on Lhe zoning request, the Planning Commission submitted its report, advising that in its unanimous opinion, use of the lots for business purposes, mould cause an impedi- ment of the traffic flow at the intersection, seriously curtailing the efficiency and :~using {raffjc {azards t{ereat, and statin~ that in its opinion said fez,ming would ~e detrimental to the safety of the general public and would contribute to the declin ~f values of the residential properties in the surrounding neighborhood, the City ?lanning Commission therefore recommending that the request he denied. The City Clerk advised that the attorney for the petitioner has requested public bearing in the matter. Mr. Webber moved to hold a Public hearing on the request for fez.ming at ~:00 ,"clock, p, m., July 25, 1960, in the Council Chamber, and to direct the att,rna · ¢440 t oplnion the property is suitable for business uses and uould hare a negligible effect upon the surrounding residential areas, the Comnission therefore recommending that the request be granted. ~ Mr. Rebber moved to set a public hearing in the matter for 2:00 o'clock, ,,p. m** July 25, lgCO, in the Council Chamber, and to direct the attorney for the I t t t th t' th ' h 't d b tb ;ipe I loner o prepar~ e proper no ice ereol. ,ave I approve y e City Attorne l and present it to the City Clerkfor publication. The motion was seconded by Hr. ~Dillard and adopted. ii CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEW~RSAND STORM DRAINS: The City Clerk advised Council that the sanitary ~sewer project authorized by Resolution No. 13704, in the East Gate Section of the icity, has been completed, and that the Director of Public Works has reported that the ilcost of the sewer exceeded the estimated.cost thereof, upon which preliminary assess- !merits were made, but under the law, no increase can be made in the preliminary assess merits, and requested that Council adopt a Resolution finalizing the assessments on th i{ · i basis of the preliminary estimates, t Mr. Young offered the following Resolution: ~it of R .... Ee to ente f d ' (For full textof Resolution, see Resolution Book NO. 24. page 164.) Mr. Young movedthe adoption of the Resolution. The motion was seconded AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, ELECTION OF OFFICERS: The City Clerk having reported to Council at its · 44'I Jane SOt 1960, ut mhlch time the matter was laid over for further consideration, and it appearing that Rr, H, C* Broyles, presently a.nenber of the Board of Trustees, Employees* Retirement System, end Rabbi Samuel R, Shillman, presently a member of Roanoke Public Library Board, are not eligible for reuppointment, Mr, Anderson place( in nomination the nodes of Mrs, George A, Layman an~ Mrs, Barton N, Morris, St** for reelection as members of the Roanoke Public Library Board rot terms of three years each, Mr, Hebber moved to close the nominations. The motion was seconded by. Hr, Young and adopted, mhereupon, Mrs, George A. Layman and Mrs, Barton H, Horri$, St,, reelected as members of the Roanoke Public Library Board for terms of three years each, beginning July I, 1960, by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Hebber, Young, and the President, Mr. Hheeler .......... ?. NAYS: None ................... O. Mrs, Pickett then placed in nomination the names of Hr. John H. Eure and IDF, L, C. Downing for reelection as members of the Roanoke City School Board, Mr, Anderson moved to close the nominations. The motion was seconded by ii#r. Mebber and adopted, whereupon, Hr. John H. Eure and Dr. L, C. Downing were ilreelected as members of the Roanoke City School Board for terms of three years each, ilbeginning July 1, 1960, by the following vote: AYES: Council members Anderson, Corn*Il, Dillard, Pickett, Hebber, Young, Ia d the President, Rro Hheeler .......... n NAYS: None ................... O. INBDSYRIES: Hr. Young introduced the foil*wing Resolution: (=ldO~d) A RESOLUTION expressing this Council's concern regarding the st*sent strike of certain employees against the Kent.se Manufacturing Company. (For full text of Resolution, see Resolution Book No. 24. page 165.) Mr. Young moved the adoption of the Resolution. The motion was seconded Mr. Hebber and adopted by the following vote: AYES: Council members Anderson, Corn*Il. Dillard, Pickett, Mebber, Young, and the President, Hr. Hheeler .......... 7. NAYS: None ................... O. There bein9 no further business, Council adjourned. APPROVED ~President ~'442 COUNCIL, REGULAR MEETING, · Monday, July 11, 1960. The Council of the City of Roanoke met in regular meeting in the Council ~hamber in,the Municipal Oullding, Monday.* July 11, 1960, at 2:00 o'clock, p. m., regular meeting hour, with the President, Mr. iheeler, presiding. PRESENT: Council members Anderson, Pickett, Nebber, Young, and the Presi- dent, Mr, Mheeler ...................................... 5, ABSENT: Council members Cornell and Dillard-R. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr, Randolph G. ihittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Loren No ;ould. Pastor, Villa Iteights Church of the Nazarene. MINUTES: Copy of the minutes of the regular meeting held on Monday, June .27, 1960, having been furnished each member of Council, upon motion of Mr. Anderson, ~lseconded' by Mrs. Pickett and adopted, the reading was dispensed with and the minutes ipproved as recorded. ! , HEARING OF CITIZENS UPON PUBLIC MATTERS: RECREATION DEPARTMENT: Mrs. Pl. H. Van Lear, President, and other representa- tives of,the Eureka Home Demonstration Club, appeared before Council and complained of charges ranging from 75~ to $1.50 which are being placed on users of kitchen and ~ther facilities at the Preston Park Community Center by a citizens steering committe* ~he club also complaining that some children are denied access to the building when ~Jit is being used by other children in their age groups and that the people do not have access to the calendar of events being carried on at the center. }[[ Mr. Robert P. Hunter, Director of Parks and Recreation, who was present at be Council meeting, advised that the charges being made at the Preston Park Communit Center are tbe same as those generally being made at the other recreation centers in ithe city by the citizens committees thereof and that the funds so collected are used hble to the people Of th; Preston Park Community Center area the situation will be 'corrected inmedlate ly. The Director of Parks and Recreation pointed out that the facilities at the ~cheduled hours. He also stated that no senior council has as yet been appointed for the 'reston Park Community Center and that the steering committee Of citizens originally · 448 morklog ulth the city in the construction and equipping of the building are serving la that capacity es of new. In reply to another question, #r.. Hunter advised that a uniform policy is ia effect governing activities at the various centers in the city. Jr. Young moved to refer the matter to the Director of Parks and Recreatio~ mlth the direction that he meet with the residents in the area served by the Preston Parh Community Center ia an effort to work out u program which will meet their needs arrange rot the posting of a calendar of events at the center mhere it will he avail, able to the people, study the question of charges being made. and, also, the question or appointing a senior council, and submit his report thereon. The motion was sec- ended by Jr. Rebber and adopted. J P£TITIO~S AND COMMUNICATIONS: AIRPORT: The City Clerk presented a ~otice of Application of American Air-~ lines, Incorporated, to the Civil Aeronautics Ooard for an Order authorizin9 temporar~ suspension of service by said airlines at Roanohe and Richmond and for such adjustment ot the operating authority of Piedmont Aviation, Incorporated, as the public interest may in the premises require: also, copy of an Application of Piedmont Aviation. lncor porated, to the CIvil Aeronautics Board for an Order permitting Piedmont to tem- porarily provide service between Roanoke and Nashington, D. C.. both non-stop and via Richmond, or for other relief. Mr. Robert W. Woody, Chairman of the Airport Committee of the Roanoke Chamber of Commerce, appeared before Council and stated that it is his understanding request for a public hearing or other action in the matter cnn be filed with the Civil Aeronautics Board after 5:00 o'clock, p. m., July 13, lq60, Mr. Woody advising that his committee has not been able to digest the applications filed by the two airlines, and consequently, is in no position to arrive at any decision in the expressing the opinion that elimination of American Airlines service into Roanoke might conceivably have an adverse effect on the business and other interests in the community; therefore, he requested that Council ask the Civil Aeronautics Board for extension of time within which the City of Roanoke and the Chamber of Commerce mai file answers in connection with the applications and possibly request a public hearing. The City Attorney advised that he has been informed by officials of the ~JvJl Aeronautics Board that the deadline for filing such a request is 5:00 o'clock, p. m., July 11, lg60, and consequently, immediate action will have to be taken if Council desires to file such a request. Mr. Young then offered the following Resolution: (midOl5) A R£$OLUTIO~ relating to American Airlines, Inc**s, application suspend service to Roanoke. (For full text of Resolution. see Resolution Book No. 24, page 168.} :' ~444 ar. Young moved the adoption of the Resolution. The motion was seconded by dr. Webber and adopted by the following vote: AY£S~ Council members Anderson. Pickett, Webber, Young. and the President, dr. Uheeler .................................. NAYS: None ........................O. (Council members Cornell and Dillard absent) , Hr. Young further moved to refer the application of Piedmont Aviation, Incorporated, to the Airport Committee composed of Messrs. Roy L. Webhero Chairman, Harry R. Yates and Arthur S. Owens for study and recommendation along with the cation of American Airlines, Incorporated. The motS*nuns seconded by Hr. Anderson and adopted. AUDIYS-RDNICIPAL COURT: The City Clerk presented a report of an audit of the Municipal Court for the calendar year 1959 as prepared by the Auditor of Public Accounts Of Virginia, which report states that all funds have been properly accounted!i fur in said court. i Mr. Young moved to file the report. The motion was seconded by Rr. Andersoll and adopted. SEVERS AND SYORM DRAINS: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, requesting that the contract of September 28, 1954,i between the City of Roanoke and the County of R,an,he, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 15.14 acre tract of land designated as Melody Acres Subdivision, Section 1, adjoining Virginia State Route 602, southwest of the city, in Roanoke County. Mrs. Pickett moved to refer the request to a committee composed of Messrs. iRoy L. Nebber Chairman Walter L. Young Arthur S. Owens and Randolph G. Whittle for SEVERS AND STORM DRAINS: The City Clerk 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 land designated as Section 2, and the northern portion of Lots 7 and O, Block 2, Sec- tion 1, Middletown gardens, lying in Roanoke County immediately north of the Town of Ioy L. Webber, Chairman, Walter L. Young, Arthur S. Owens and Randolph B. Whittle for study and recommendation. The motion was seconded by Mrs. Pickett and adopted. TRAFFIC: The City Clerk presented a petition from residents of Trinkle dy.nme, No W.. between Willlamson Road and Oakland Boulevard, advising that said street is bein9 used as a drag strip and requesting that Council take necessary actioi to eliminate speeding in that block. Mr. Anderson moved to refer the request to the City Manager for appropriate 445 REPORTS OF OFFICERS: SALE OF PROPERTY-INDUSTRIES: The City Manager reported that he has receive offer of the Norfolk and Western Railway Company, through its Agent, Mr. Co M. Francis, Jro, to purchase from the City of Roan*he property described as Lots 10 3 and 5, Block 4, Rorer Heirs, official Tax Nos. 1210426° 1210428 and 1210431, located on the north side of Hestview Avenue, S. N., between Seventeenth Street and Eighteent Street, and Lot 14, Block 9, Hestview, Official Tax No. 1310614, located on the nortt side of Mestview Avenue, S. H** between Eighteenth Street and Nineteenth Street,.all lots abutting the yards of the Norfolk and Mestern Railway Company at the rear, at a price of $400.00 each, or $1,600.00 total, the City Manager advising that Lots 1, 3 and 5 were purchased under tax sales for $115000, $160.00 and $130.000 respectively, and that Lot 14 was purchased by the city, along with another lot needed for street widening purposes, at a cost Of $700.00 for both lots. . . The City Manager presented a report of the Real Estate Committee composed Of himself, the City Attorney and the City Auditort advising that the committee has carefully analyzed the matter and in its opinion the offer should be accepted° Be farther stated that since this is a sale of real estate and cannot be i[accomplished under an emergency Ordinance and that since the Norfolk and Nestern ilRailway Company desires to start the construction of certain improvements lmmedJatel lilt is recommendation that Council adopt a Resolution authorizing said Railway his i[Company to proceed with improvements on the lots prior to the receipt of a deed therefor. Mc. Webber moved to direct the City'Attorney to prepare an Ordinance pro- viding for the sale of the real estate to the Norfolk and Western Railway Company recommended, and. also, a Resolution authorizing the Railway Company to proceed with its construction thereon prior to the receipt of the deed for the property. The motion was seconded by Mr. Anderson and adopted. Mr. Young not voting. BUDGET-SCHOOLs-sE~ERS AND STORM DRAINS: The City Manager requested an appropriation of $00,00 to pay for the cost of a right of way for sewer and drain construction in connection with the Stewart School site, Mr. Anderson moved to concur in the request of the City Manager and offere~ the following emergency Ordinance: (g14086) AN ORDINANCE to amend and reordain Section ~141, 'Sewer and Drai~ Construction,* of the 1960 Appropriation Ordinance, and providing for an emergency. (For full te~t of Ordinance, see Ordinance Book NO. 24, page 160.) 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, Pickett, Mebber, Young, and the President Mr. Mheeler ............................... 5. NAYS: None .....................Oo (Council members Cornel1 and Dillard absent) "446 BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager presented request of the Judge of the Juvenile and Domestic Relations Court for au appropria- tion Of $350.00 for travel expenses to cover the cost of said Judge to attend O meet lag Of Juvenile Court Judges, and, also, the cost of certain Probation Officers atteudiuG, a meetisg in Richmond. In response to a question by Mr. Young, the City Manager advised that he is under the impression that the Probation Officers have already madetbe trip toRich- mond,.but that payment for the travel has been denied by the City Auditor since no funds are available therefor. Mr. Young requested that if this be the case the facts be reported to Council later. Mr. Webber then moved to deny the. request of the Judge of the Juvenile and Domestic Relations Court. The motion was seconded by Mr. Young andadopted. BUDGET-ANNEXATION: The City Manager requested an appropriation of $5,383.6 Lo pay the accounts of Kennett and Kennett, Co P. A** in the sum Of $193.20; Mr. ~amuel B. Williams, in the sum of $4,094.45, for legal services; Mr. Roy K. Broun, ;lerk Of the Circuit Court of Roanoke County, in the sum of $54.00; and Woodrum and ~regory, in the sum of $251o42, for professional services, in connection with the annexation proceedings. Mr. Anderson moved to concur in the request of the City ~unaqer and offered the following emergency Ordinance: (~140B7) AN ORDINANCE to amend and reordain Section ~155, ~Annexation** ~f the 1950 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 24, page 169.) by Mrs. Pickett and adopted hy the following vote: AYES: Council members Anderson, Pickett, Webber, Young, and the President Mr. Wheeler ........................... NAYS: None .................O. (Council members Cornell and Dillard absent) BRIDGES: The City Manager submitted a tabulation of bids received by the Purchasing AGent for furnishing certain bridge timbers, showing the bid of the South Roanoke Lumber Company, in the amount of $7,474.OO, as low, and recommended the acceptance of the low bid. Mrs. Pickett moved to concur in the recommendation Of the.City Manager and offered the following Resolution: (~14088) A RESOLDIlON acceptin9 the proposal of South Roanoke LumberCom- puny for supplying 9ertain,lumbcr;authorizing the Purchasing Agent to issue the :equisite purchase orders; and rejectinG all other bids. (For full text of Resolution. see Resolution Book No. 24, page 169.) 447 Mrs, Pickett moved the adoption of the Resolution, The motion was sec- onded by Rte Young and adopted by the folloming vote: AYRS:~ Council members Anderson, Pickett, Robber, Young, and the President Mro Jheeler ............................... 5, NAYS: None .....................O. (Council members Corn,Il and Dillard aboent) MATER DEFARTRENT: The City Ranager reported that a contract between the City of Roanoke and the United States Department of the Interior for cooperative operation of mater ganging stations on Catawba Creek and Tinker Creek. heretofore authorized by Resolution No. 13762. mill expire on June 30° 1960. and recommended that Council adopt a Resolution authorizing the City Manager to continue the said contract from time to time since in his opinion the continued measurement of the of these streams Is essential to the city's ~ater Department. Rt. Young moved to concur in the recommendation of the City Manager and offered the folloming Resolution: (~14089) A RESOLUTION authorizing the City Manager to continue, from year lito year the agreement between the City and the United States Geological Surrey for the cooperatire operation of the gauging stations on Catawba and Tinker Creeks. (For full text of Resolution, see Resolution Book No. 24, page 170.) Mr. Young moved the adoption of the Resolution, The motion was seconded ilby Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Pickett, ~ebber, Young, and the President Mr. Mheeler ............................... 5. NAYS: None .....................O. (Council members Corn,Il and Dillard absent) WILDMOOB CIVIC LEAGUE-PARRS AND PLAYCROUNDS: Council at its meeting of March 14, 1960, having referred to the City Manager for study and recommendation the request of the Rlldwood Civic League that the baseball diamond in Thrasher Park be graded and put into shape prior to the opening of the playing season this year, the City Manager submitted his report, advising that a sewer being constructed through the park will bisect the area of the playing field and therefore it is not possible to prepare the said field for use this year, the City Manager recommending that the be considered during study of the 1961 budget. Mrs. Pickett moved to concur in the report and recommendation of the City' Manager. The motion was seconded by Mr, Young and adopted, RECREATION DEPARTMENT-PARiS AND PLAYGROUNDS: Council at its meeting of. March 7, 1960, having directed the City Manager to study the question of erecting a community center in Thrasher Park to serve,the Idlewild - Kenwood area, the City, Manager reported that the cost of such a building would be approximately $47,500.00 and recommended that the matter be tabled for consideration along with the lgbl budget. '448 Mr. Young moved, to concur ia the recommendation or the City Ranager. The motion nos seconded by Mr. Anderson and adopted. STRE£T$ A~D ALLEYS: Council at its meeting of May 23, 1960, having referre io the City Ransger for study and recommendation a petition of residents of Idlewild Boulevard, H. £.o requesting that Council provide for pavement on Idleeild Roulevard sad Atherly Street, the City Manager reported that no funds are available for this uorh in the 1960 budget and recommended that it he tabled for consideration along uith the 1961 budget. Hr. Young moved to concur in the recommendation of the City Manager. The notion was seconded by Mr. Robber.and adopted. STAT£ BIGB#AYS: The City Manager reported that in connection with Federal Urban Aid Project Ho. o117-128-07o for improvement to Virginia Primary Route Il? IPeteFs CreeR Road between DeFshbeFger Road and Melrose Avenue, N. M.), he has securs toptions to purchase certain property required for right of way at o total cast of ~mS,SO0. DO, and requested that Council authorize the purchase of this property, the entire cost of which will be refunded to the city by the Commonwealth of Virginia under la~ project agreement in which the city has agreed to pay one-fourth of the total cost lei the highway improvements. theMFS. PReheat moved to concur in the request of the City Manager and offered , following emergency Ordinance: (~14090) AN ORDINANCE authorizing the acquisition of certain rights of way! required to effect the previously authorized improvements to Virginia Primary 117 l(Peters Project O117-1~0-O70 iOld 5300-?0) between Bershberger Road and Creek Road) Relrose Avenue, N. W.o and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 24, page 171.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded iy Mr. Young and adopted by the following vote: AYES: Council members Anderson, Pickett, Webber, Young, and the President, Mr. Wheeler ........................... 5. NAYS: None .................O. (Council members Cornell and Dillard absent) The City Manager then advised that it will be necessary to appropriate fund to pay for this property, and, also, an additional amount of $2,126.O0 for attorney ~nd appraisal fees in connection with its acquisition. Mrs. Pickett offered the following emergency Ordinance appropriating I27,706.00. (~14091) AH ORDINANCE to amend and reordain Section ~140, 'Street Construe tion ' of the 1960 Appropriation Ordinance and'providing for an emergency i (For full text of Ordinance, see Ordinance Book I NO. 24, page 172.) '449 Mrs. Pickett moved the adoption of the Ordinance. The motion mas seconded by Hr. Young and adopted by the follouing vote~ AYES: Council members Anderson, Pickett, Nebbero Young, and the President Mr. Nheeler .......................... NAYS: None ................O. (Council members Cornell and Dillard absent) STREETS AND ALLEYS: Council at its meeting of May 16,.1960e having referr to the City Manager for study and recommendation a request of Hr. OD #. Tuck that Fairfield Drive, N. E.~ be paved, the City manager reported that there are no funds available for this mor~ In the 1960 budget and recommended that it be tabled for consideration along:with the 1961 budget. Hr. Nebber moved to concur iu the recommendation of the City RanageF. The motion mas seconded by Mr. Young and adopted. REPORTS: The City Manager submitted a report of the Department of Public Nelfare for the month of Ray, 1960, and reported other departmental reports on file In his office. . Mr..Anderson edged to file the report. The motion was seconded by HFS. Pickett and adopted. STREETS AND ALLEYS: Council at its meeting of April 25, 1960, having referred to the City Manager for study and recommendation a petition of residents of Jerome Street, S, E., between Riverdale Road and Edgerton Avenue, requesting that the said street be paved during the 1960 program, the City Manager reported that this project was not included in the 1960 program and that he can only offer the proposal that the city maintain this street under its usual street maintenance program and approximately $200,b00.00 and expressing th~ opinion that the project should be ~ '4§0 Hr, Webber moved to concur in the report of the City Homager, The motion seconded by Hr, Young and adopted, Hr, E, Randolph ~lchols appeared before Council and stated that his origino request in this matter hsd also asked that some action be tabes to pave Chatham Saree eliminate the dust conditions thereon during dry periods and to erect a traffic ~ight at'Chatham Street and #llliauson Road to permit the people of that area to get into Wllliamson. Road,. The City Manager advised Mr, Nichols that he will take such action as is ~sible to eliminate the dust condition complained oft but that no funds are avallab this time for the erection of the traffic signal requested, Mr. Webber moved to direct the City Manager to advise Council of the cost )f erecting traffic control signals at the intersection~of Williamson Road and ~y°RF* yo ng and dOp ed**yndhurStuStreet*aandtWilli ..... Road and Chatham Street. The mots ...... econded t BUDCET-JUVENILE AND DOMESTIC RELATIONS COURT: .Council at its of meeting !gone 27, lqGO, having directed the City Manager to restudy the question of placing ~ir conditioning units at the Juvenile and Domestic Relations Court quarters, lncladi ~he possibility to new wiring requirements, and to submit his report on the cost hereof, the City Manager reported that he has had the City Electrical Inspector study ithe matter and that tO air condition the said quarters would require the purchase '~nd installation of ten window air conditioning units, plus wiring and installation ~harges of $750 00 making a total of $2 413 14 pointed out provision new quarters or of Mr. Anderson that for alteration i%he present quarters of the Juvenile and Domestic Relations Court will have to be made in the latter part of the year when the Juvenile Detention Uome is moved to its ~ew quarters and moved to file the report. The motion was seconded by Mr. Young and adopted. .BUDGET-PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: The City Manager re- nested an appropriation of $40°00 to provide for payment of appraisal cost in con- ~ection with the study of acquiring *Nininger Oaks* for park purposes. Mr. Young moved to concur in the request of the City Manager and offered ithe following emergency Ordinance: (~14092) AN ORDINANCE to amend and reordain Section =111, *Parks and lecreational Areas** of the 1960 Appropriation Ordinance, and providing for an emer- (For full text of Ordinance, see Ordinance Book No. 24, page 173.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by ir. Anderson and adopted by the foil;wing vote: AYES: Council members Anderson, Pickett, Webber, Young, and the President ir. Rheeler ................................ i NAYS: None ......................O. (Council members Cumuli and Dillard absent) '451 REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: SALARIES*CITY EMPLOYEES: Council at an informal meeting mitb representa- tives Of the hourly, paid employees in the Department of Sanitation on June 29, 1960. having received a request from said employees for a ten per cent increase, and havin! directed the City Auditor to advise Council as to the coat of the increase requested the City Auditor advised Council that the cost ol such an increase would be $61,731., per annum. In this connectlon~ the City Clerk presented petitions from the hourly paid employees in the Garage Department, the Bridge Repair Department and the Street Repair Department, requesting cost of living increases. Mr. Webber moved to defer the matter for consideration.along with the 1961 budget. The motion was seconded by Mr. Young and adopted. FIRE DEPARTMENT: Council at its meeting of June 27. 1960, having tabled until its next regular meeting a report Of the City Manager showing the cost of maintenance of existing Fire Department equipment, the age of such equipment and the replacement cost thereof, and the City Clerk having been directed to furnish each member of Council with a copy of said report, the matter was again before the body. Mrs. Pickett moved to file the report. The motion was Seconded by Mr. Young and adopted. PARES AND PLAYGROUNDS-STREETS AND ALLEYS: Council at Its meeting of June 27, 1960, having tabled until its next regular meeting a report of the City Manager concerning sleigh riding areas, the matter was again before the body. Mr. Anderson moved to concur in the report of the City Manager. The motion was seconded by Mrs. Pickett and adopted. CONSIDERATION OF CLAIMS:, NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 14076. rezoning property located on the west side Franklin Road, S. W., designated as all of Official Tax No. 1290106, all of Official Tax No. 1290110, and Official Tax No. 12q0109 to a depth of 300 feet from Franklin Road, from General Residence District to Business Oistrict. 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: (:14076) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section of The Cod. of the City of Roanoke, 1956. in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 24, page*lO6.) 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, Pickett, Webber, Young, and the President~ Mr. Wheeler .................................... NAYS: None .......................... O, (Council members Cornel1 and Dillard absent) '452 ZONING: 0rdinunee No. 14077. res,ming property located at the northeast :,ruer of Salem Turuplhe and Twenty-fourth Street. N. W.. designated us official Tax fo. 23222130 from General Residence District to Business District. having previously )eeo bet,re Council for its first reading, read and laid over. was again before the ~ody. Hr. Aodersoo offering the foil,ming for Its second reading end final ad'pti,n: (si40??) AN ORDINANCE to amend ted reenact Title XV. Chapter 4. Section 1. )f Th~ Code of the City of Roan,he. 1956. in relation to Zoning. (FOr full text of Ordinance. see Ordinance Book No.'24. page~16?.) Mr. Anderson mored the adoption Of ~he Ordinance. The motion was seconded )y Mr. Webber and adopted by the foil,ming vote: AYES: Council members Anderson. Pickett. Webber. Young. and the President. ir. Wheeler ................................ NAYS: None ......~ ............... O. (Council members Corn*Il and Dillard tbs*mt) ACTS OF RECOGNITION-MUNICIPAL BUILDING: Council at its meeting of June 27, [960, having directed the preparation of a Resolution accepting from the Roanoke ;ouncil of Garden Clubs the plantings on the Municipal Building lawn. Mr. Young offer~ :he following Resolution: (~14093) A RESOLUTION accepting the plantings on the Municipal Building Lawn from the Roanoke Council of Garden Clubs and expressing the appreciation of the ;fry therefor. (For full text of Resolution, see Resolution Book No. 24, page 173,) Mr. Young moved the adoption of the Resolution. The notion was seconded )y Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Pickett, Webber. Young, and the President, Ir. Wheeler ................................ NAYS: None ...................... O. (Council members Cornell and )tllard absent) ZONING-SETBACK LINES: Council at its meeting of June 27, 1960, having di- r~ Wo, between Jefferson Street and Franklin Road, Mr. Young offered the following (~14Og4) AN.ORDINANCE establishing building setback lines on the north sid~ f McClanahan Street, S. W., between Carolina Avenue and Jefferson Street, and on the ~outh side of McClanahan Street, S. Wo, between Franklin Road and Jefferson Street, WU£REAS, notice was duly published as required by law *ha{ Council mould ~old a public hearing on June 27, 1960, at 2:00 p.m.. in the Circuit Courtroom (Counc~ :hamber), in the Municipal Building, Roanoke, Virginia, on the question of establishi~ ;etback lines 20 fe~t on tie north'$ide of icClanahan Street, S. W. between Jefferson ;treat and Franklin Road, and 10 feet on the south side of McClanahan Street, S. setween Jefferson Street and Franklin Road, to provide for the widening Of NcClanahan affected area and nil 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 such building setback lines on the said McClanahan Street, S, W., for the purposes hereinabove stated; and WHEREAS. after hearing all of the evidence submitted° Council is of the opinion that said building setback lines should be established; and WHEREAS. by Ordinance No. 6859, adopted on the 24th day of February, 1941, this Council duly established a building setback line of 20 feet on the north side of McClanahan Street, S. #., between Franklin Road end Carolina Avenue. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that building setback lines be, and the same are hereby, established on RcClanahan Street S. ~., as f. Il.us, viz.: 20 feet northerly from the present established north line of said street between Carolina Avenue and Jefferson Street and !0 feet southerly from the present established south line of said street between Franklin Road and iJefferson Street to provide for the widening of said street. BE IT FURTHER ORDAINED that no building hereinafter erected on any of said lots abutting on said street shall extend over the said building setback lines as entablished by the provisions of this ordinance. Hr. Young moved the Ordinance on its first reading. The motion was secondq by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Pickett, Webber, Young, and the President Hr. Wheeler .................................... 5. NAYS: None .......................... O. (Council members Cornell and Dillard absent) ZONING-STREETS AND ALLEYS: Council at its meeting of August 10. 1959. having directed the preparation of an Ordinance. and related papers, accepting the offer of All Star Lanes to donate to the City of Roanoke a strip of land fifty feet wide along the rear of its property on the north side of Melrose Avenues N. designated as Official Tax No. 2660106. Mrs. Pickett offered the following emergency Ordinance: (~14OgS) AN ORDINANCE accepting a conveyance of real estate from All Star Lanes; approving the action of the City Attorney in having the deed therefor ret,fda( expressing this Council*s appreciation for said conveyance; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 174.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following vote: 453 "' 4§4 AYES: Council members Andersono=Pickett, Nebber, Young, end the President Mr, Wheeler ................................ NAYS: None .... ~ ..... g ........... O, (Council:members Cornell and Dillard absent) MOTIONS'AND MISCELLANEOUS BUSINESS: NONE, There being no further brininess, Council adjourned, A P PRO V E D COUNCIL', SPECIAL MEETING, Monday, July 18, lg60o The Council of the City of Roanoke met in special meeting in the Council Chamber in the Municipal Building, Monday, Joly Iff, 1960, at 2:00 **clock, p, with the President, Mr, I/heeler, presiding. PRESENT: Council members Anderson, Cornell, Webber, Young, and the Presi- dent, #r. Mheeler .............................................. ABSENT: Council members Dillard and Pickett ......... OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph dhlttle, City Attorney, Mr. Ilarry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk, SEWERS AND STORM DRAINS: Council at its regular meeting of Monday, June 97, 1960, having received bids for construction of a storm drain from Florist Road to Airport Road, N, ~/.; and having tabled the matter for further consideration pend- ing a report from its committee composed of Messrs. Roy L. Webber, Chairman, Walter iL. Young, Arthur S. Owens, and Randolph O. Whittle, appointed on the 5th day of )ct*her, 1959, to study the question of storm drain and sewer facilities to relieve Lhe storm water and sewage problems at the intersection Of Williamson Road and ~ershberger Road, N° N,, and in that vicinity; and at the same time having directed !the City Manager to study the relative merits of constructing the drain upon which the bids were received, as opposed to construction of a drain to connect the present !drain under the underpass at Mundy Road. and extending to I/illiamson Road; and having appointed Councilman Young as a committee Of one to consult with Roanoke County authorities with reference to their financial responsibility in connecting with and draining the storm water from the Skyway Shopping Center lying in Roanoke County at the said intersection, the City Manager.reported that he has studied the matter re- ~ferred to him and concluded that the situation in the vicinity Of the Nilliamson ~oad-Itershberger Road intersection warrants construction of the proposed storm drain to Florist Road, N. I/o, at this time, stating, however, that he believes that Council should, as quickly as possible, provide for a storm drain connecting with the Mundy ~oad Underpass storm drain and Williamson Road to relieve the storm water situation further south on Williamson Road, which would cost in excess of $200.000.00. and should be done in stages, the City Manager advising that he proposes to present to Council in the 1961 budget a proposal for Stage I of this project. Mr. Young advised Council that he has consulted with Roanoke County author- ities and that the results thereof were discussed by the committee of which he is a member and considered in making the committee*s report; therefore, he has no report to offer at this time. The committee then submitted its report, advising that it has consulted with representatives of the Skyway Shopping Center, who now agree to contribute $40,000.00 toward the construction of the proposed storm drain, plus a sanitary sewer, which is $5,000.00 higher than the original offer Inade under date of October 1, 1959; that after a thorough study Of the situation by the City*s Depart- 455 '456 Bent of Pablic Rorks, it has been determined that it is practicable to lay a 12-inch sanitary sewer interceptor line in the same ditch with the.proposed storm drain and that Draper Construction Company, low bidder on the storm drain, has agreed to construct the said sanitary sewer for $22,534.10; that It has consulted with Charles Construction Companyof Kentucky, owner of the Arlan*s Department Store, and received from said company a confirmation in writing of its offer to contribute $5,000.00 to the construction of the storm drain and to provide a 25-foot wide easeBent across its propertyi that it has studied the question of eliminating storm water in the Milliauson Road area, north of its intersection with i Hersbberger Road and in front of the property of Mjck-oroMack Stores Company, In- corporated, and that Draper Construction Company bas agreed to construct a drainage line to this point to pick up the storm maters thereat at a cost'of $3,222,50, and Mack-or-Mack Stores Company, Incorporated, has agreed to pay to the city one-half of the cost of this extension, or $1,611.25; that in connection with this proposed storm drain and sewer line it will be necessary to secure rights of may through the property of Kyle and Johnson, appraised at $2,100. OO, and through the Roop property, appraised at $100.00, which, along with appraisal fees, makes a total cost of $2,300. O0 for rights of way, the committee, therefore, recommending: 1. That Council award to the Draper Construction Company the contract for the construction of the storm drain as originally proposed at said companyts bid of $14g,35S.gO; 2. That the offer of Skyway Shopping Center to contribute $40,000 to the proposed Mack or Rack storm drain extension of $3,222.50 and right of way costs of by $47,000 as follows: Skyway Shopping Center $17,465.90 Mack or Rack Stores Co., Inc. 1,611o25 S~ua~e Treatment Account 22,534,10, ' 7. That if Con~cll approves this recommendation that the pending ap- plication of Roanoke Count~ to Include the aforesaid approximately tmenty-fire acres or Shymay Sboppin~ Center as · semer project area resolution be denied. Dr. Cornell moved to concur in the committee report and offered the fol- losing emergencF Ordinance: (n14096) AN OROI~ANC£ ~cceptisg the proposal or Draper Construction Com- pany for the construction of a storm drain from Florist Road to Airport Road; authorizing t'he proper City officials t6 execute the requisite contract; rejecting all other bids; and providing for an emergency, (For full text of Ordinancet see Ordinance Book No, 240 page 175,) Dr. Cornell moved the adoption of the Ordinance, The notion was seconded by Hr, Anderson and adopted by the folloming vote: AY£S: Council members Anderson, Cornell, Webber, Young, and the President Mr, Wheeler ............................ 5, NAYS: None ..................O, (Couaoil members Dillard and Plckett absent) #r. Webber then offered the following emergency Ordinanc~ appropriating $1S4,670,40 from the General Fond os recommended by the committee: (~140g?) AN OROINANCE to amend and reordain Section ~141, mSeuer and Drain Construction,m of the 1960 Appropriation Ordinance, and providing for an emergenoy, ' (For full reit of Ordinance, see Ordinance Book No. 24, page 176.) Mr'. Webber moved the adoption of the Ordinance. The motion ~as seconded by M/. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Webber, Young, and the Presi'dent, Er. Wheeler ............................. NAYS: None ...................O. (Council members Dillard and Pickett absent) ~v. Webber then offered the following emergenc~ Ordinance appropriating $22.534.10 from the Sewage Treatment Account as recommended by the committee: (~14098) AN ORDINANC£ to amend and reordain ~Non-Operating Expenses= ~f the lg~O 'Se~age Treatment Fund Appropriation Ordinance, and proTiding for an emergency, (For full text of Ordinance, see Ordinance Book NO. 24, page 176,). Mr. Webber moved the adoption of the Ordinance. ~he motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Corsell, Webber, Young, and the President Hr. Wheeler .............................. NAYS: None ....................O. (Council members Dillard and Pickett absent) There being no further business, Council adjourned. A P P R 0 Y E D .457 .COUNCIL, REGULAR II~ETINO, Monday, July 25, 1960. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, July 25, 1960, at 2:00 **clock, p, m** the regular meeting hour, with the President, Mr, Mheeler, presiding, I~ESENT: 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. Randolph Rhittle, City Attorney, Mr. Barry R. Yates, City Auditor. and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by Dr. Walker B. Bealy. Pastor. First Presbyterian Church. RINUT£5: Copies of the minutes of the regular meeting held on July 11. 1950, and the special meeting held on July lot 1960, having been furnished each !member of Council, upon motion of Mr. Anderson, Seconded by Or. Corn*Il and adopte~, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 **clock, p. m., July 25. 1960, on the request of Mr. Lee C. Bartman that his property lying in the rear Of 3236 Cove Road, N. N., containing 0.45 acres and designated as Official Tax No. 2560147. be r,zoned from General Residence District to Business District, and notice of the hearing having been published in The Roanoke World-News on July 1960, and the City Planning Commission having previously recommended that the re- quest for r,zoning be granted, the hearing was held at which no one appeared in op- )osition. Mr. Earl A. Fitzpatrick, Attorney for the petitioner, appeared and request. id that Council grant the petition of his client. Mr. Webber moved to concur in the recommendation of the City Planning Commission and offered the f,Il*slag Ordinance: (~1409g) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 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 have property located in the rear of 3235 Cove Road. N. N., containing 0.45 acres and being Official Zax No. 2560147. r,zoned from General Residence District to ness District; and RHEREAS..the City Planning Commission has recommended that the above parcel of land be r,zoned from Ueneral Residence District to Business District as requested; and WHEREAS. notice required by Title XV. Chapter 4, Section 43, of The Code of the City of Roanoke. 1q55, relating to Zoning~ has been published in UThe Roanoke N,rid-News'. a newspaper published in the City of Roanoke, for the time re- aired by said section; and MBEREAS. the hearing as provided rot in said notice published in the said newspaper was held on the 25th day of July. 1960. at 2:00 ,*cloth. p. m.. before the Council of the City of Roan,he in the Council Chamber in the Municipal Duilding. at which hearing all parties in interest and citizens were given an opportunity to be heard both for and against the proposed rezoning; end this Council. ar*er considering the evidence presented, is of theJ RHEREAS. opinion that the above parcel of land should be fez.ned as requested. THEREFORE, B£ IT ORDAINED by the Council of the City of Roan.he that TitleI 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 .theFt viz.: Property located in the rear of 3236 Cove Road, N, M,, containing 0,45 acres, described as a portion of Lot 6. Dyer Estate, designated on Sheet 256 of the Zoning Map as Official Tax No. 2560147. be. and is hereby, changed from General Res- idence District to Business District and the Zoning Map shall be changed in this respect. Mr. Mebber moved the Ordinance on its first reading. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson, Corn*Il, Dillard, Pickett, Mebber, Young, and the President, Mr, Mheeler ................... 70 NAYS: None ............................ O. ZONING: A public hearing having been set for 2:00 o'clock, p. m., July 25, 1960, on the request of Mr. F. R. Kollmansperger that property lying on the north side Of Memorial Avenue. S. W., at Henniston Avenue, described as Lot 15, Block 5. Section 1. Virginia Heights. Official Tax No. 1330303. be fez,ned from Special Residence District to Business District. and notice of the hearin9 having been published in The Roanoke World-News on JulI 8. 1960. and the ~ity Planning Commission having previously recommended that the request be denied, the hearing was held at which Mrs. Fina Po Horn*r. 1907 Dennis*on Avenue. S. M.. appeared and presented a petition signed by twenty-two property owners in the 1900 block of Denniston Avenue. objecting to the fez,Ring of the property in question on the basis that it would create an additional traffic hazard, that there are properties in the neighborhood presently zoned for business and not being used. that there is present- ly no business property on the north side of Memorial Avenue. and that such fez,nlm* would be detrimental to and depreciate the value of the residential property in the immediate neighborhood. Mr. Walter S. Lo*bi appeared before Council and presented a communication advising that he has been a property owner, living in the fourth house on Dennis*on Avenue for thirty-eight years, in which period of time over twenty-five applica- tions to rezone the property at Memorial Avenue and Oenniston Avenue, S. M., have been rejected, Mr. Lo*bi pointing out that to establish business property at this point would create a traffic hazard for children attending a nearby school and would be detrimental to the residential properties in the area. 459 #r, T, L, Plaahett, Jrot Attorney for the petltloaert appeared and stated that Wt. gollmaesperger 'intends to~estobllsb a Bighes Ice Cream Parlor oa the pro- 'pertye if rezoeede mRich monld be of service to the neighborhood, and, in the op- inion of his ¢liente moold ant be detrimental to the value of nearby residential properties~ Wt. Planhett requesting that Council grant the petition of his client. WrSo Plchett moved to deny the request of Mtn F. M, Kollsansperger for rezoning, The motion was seconded by Wt. Dillard and adopted. ZONING: A public hearing having been set for 2:00 o~clncht po m., July 25e 1960e on the'request of Mtn Joseph D, Berne that his property lying between ' Broaden Afenne and Sherwood Avenae, So W.~ mest of Main Street~ described as Lots 9, 10 and part of Lot lie Dloch 5, Darbour Beightse Official Tax Nos, 1241512 and 1241513, be resorted from ~eneral Residence District to Business District~ and' notice of the hearing having been published in The Moanohe Morld-News on July O~ 19~0, and the City Planning Co~mlssion herin9 previously recommended that the request be denied, the hearing was held. Mr. Lawrence L. Tapscotte 1018 Mlndsor Avenuee S, Woe appeared before Council and presented a petition signed b~ residents and propert~ o~ne~s of the immediate neighborhoode'opposing'the requested rezoninge Mr. Tapscott polntin9 out that the rezonin9 of this property would be detrimental to the adjoining residential properties and would create a serious traffic hazard at an intersection already overburdened with vehicles. Mr. Charles D. Fox, III, Attorney for the petitioner, appeared before ' CounCil and stated that it is the intention of'his client to construct a mercantile sales business on the propertye if rezoned, that the nature of the business'is such that all sales are made b! salesmenaway from the place oF business, and that, in the opinion of his client,'it would not be an undesirable establishment in the neighborhood. Mrs. Pichett moved to concur in the'recommendation of the City Planning Commission and to deny the request. The motion was seconded by Wr. Dillard and adopted. AIRPORT: Rr° Shields Johnson, President of the Roanoke Chamber of Commerc appeared before Council and aduiaed that the Chamber of Commerce has been notified by the Civil Aeronautics Board that the time for filing answers to the petitions of American Airlines, Incorporated, to suspend service in Roanoke, and Piedmont Aviation, Incorporated, for amendment of Its operating authority to permit addi- President or the Chamber or Commerce; Hr, Stanley Talbot*0 Industrial Consultant of the Chaober of Commerce; Mr. Robert W, Woody, Chairman of the Airport Committee of the Chamber of Commerce; and Messrs, Arvin Saks, Noble G. Marshall, Thomas D, Re*herin*rd, #. 8, Dophins0 Fred L, 8ulbin, Edgar Fo Jamison~ and Gordon all members of the Chamber of Commerce, eh* supported the position of the outline the President, and stated that in their opinion direct transportation to New YoFh is highly important to the industrial development of the City of Roan*he and Roanoke Valley, 'Hr. Gordon C, Willis, acting as President of the Roan*he Valley Develop- ment Corporation. presented a Resolution adopted by that corporation's Board of Di- rectors, favoFlng the retention of existing airline services regardless of the carrier providing the same in a degree not less than presently provided, including through flights to New York City, urging Council to use its melght and influence with the Civil Aeronautics Hoard to preserve such airline service, and requesting Council to Join with other interested parties at the appropriate time to seeh ~addltlonal improved airline service for Roanoke and environs. BF. ~oody stated that the Airport Committee of the Chamber of Commerce will meet at IO:00 o'clock, a. mo, Wednesday, July 27, lg60, at the Chamber of iiCommerce to the and extended invitation tn each member of study question, an Council ilto attend that committee meeting. Mr. Johnson then requested that Council tahe no further action in the matter until the Chamber of Commerce has had time to study the situation and present to Council its findings. The committee composed of Messrs. Roy L. Webber, Chairman, Harry R. Yatea, and Arthur S, Owens, to which Council at its meeting of July 11, lq60, referred the question for study and recommendation, submitted its report, advising that after careful analysis and study Of the proposals of American Airlines and Pied- mont Airlines, the committee believes that the best interest Of the City Of Roanoke would be served by the following recommendations of the committee: 1. That the City not Oppose the application of American Airlines under Docket No, 11692 for the temporary suspension of service to the City of Roanoke and the City of Richmond. A resolution be adopted expressing our appreciation for the fine cooperation, services, and the friendly relation that the City of Roanohe and its officials have always enjoyed with the American Airlines and their officials, expressing a wish for their continued success. 3.Council concur in Piedmont Atrlines's request as outlined lnDochet No. 1160~, 4. Council adopt a resolution expressing our appreciation to the Piedmont Airlines for the excellent service provided to m~et the expanded growth at ~he airport and their con- stant willingness to improve services if and when necessary, expressing our appreciation to the Company and their officials for the splendid cooperation ue have almays en- joyed with them. The City Clerk be instructed to send certified copies to all affected parties. · ,'462 Dr, Cornell moved to bold tb~ report in abeyance until Counci could meet with the Chamber of Commerce officials, The motion mas seconded by Hr, Dillard and adopted, Hr.,Dillard then moved to set a special meeting of Council rot 2:00 o'cloch, po u,. #onday~ August 1, lg60e in the Council Chauber, for consideration of the report of the Airport Committee, and for consultation uitb Chamber of Com- merce representatives in the matter, The motion was seconded by DFc Cornell and adopted. Hr. #ebber then moved to direct the City Manager to invite the proper officials of American Airlines, Incorporated, and Piedmont Aviation, Incorporated, to be present at the special meeting, Thc notion was seconded by Hr, Dillard and adopted, PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board, advising that the 1960 Session of the General Assembly of Virginia has appropriated funds for distribution to localities for increasing salaries Of professional personnel of the local school systems for the next biennium and that the amount available to the City Of Roanoke for the period Of July l-December 31, 196~t amounts to $?3,900.000 which funds can be secured only if they are used to grant salary increases to professional school personnel, the School Board requesting that Council appropriate the $?3,900.00 allocation by the state, plus $20,075.00 from the city's Ueneral Fund, making a total of $101,g75.00, which would improve the salary schedule of the Roanoke City School Division from thirtieth place to eighth place for minimum salaries, twenty-sixth place to fifteenth place for maximum salaries, and thirty-third place to thirty-second place for years of service to reach maximum salary in the state, the Hoard advising that in its opinion it is mandatory to improve the situation with reference to salaries of school personnel in order to obtain adequate teaching services in the system. After some discussion, during which it appeared that the consensus of th~ members of Council is that no funds are available at this time from the city's General Fund for salary and wage increases and that the question of the entire salary schedule for the city employees will be discussed during the 1961 budget studies, Dr. Cornell offered the following emergency Ordinance appropriatin9 $73,900.00 of state funds for use by the School Board in improving the city's salary schedule for professional school personnel for the remainder of the year: (=14100) AN ORDINANCE to amend and reordain Section ~120, NSchools,' of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 17Oo) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Corn, lie Dillard, Pickett, Webber, Young, and the President, Mr, Wheeler ................... NAYS: None ............................O, PURCHASE OF PROPERTY: The City Clerk presented a communication, from Mr. Walter L. Green, Na~nttsvllle, Maryland, ouner'of the old Y. R, C. A, building situate at the northeast corner of Church Avenue and Second Street, So M,, in which be proposes to lease the building to the City of Roanoke, as is, for the sum Of $12,500.00 per year net; sell the'bulldingto the City of Roanoke for the sum of $150,000,00 net; or remodel the building to the city*s specifications, including lair conditioning, etco, and rent space to the city at the rate of $4.00 per square lifOS* per year, Mr. Green appeared before Council and advised that an architect*s estimate of the cost of remodeling the building for office use i~ $250,000.OO. ' Mr. Rebber moved to take the matter under consideration, The noti~n was seconded by Mr, Anderson and adopted. ZONING: The City Clerk presented a communication from Self-Service !iStations, Incorporated, and John L. and Lois L, Cantrell, requesting that their properties designated as Lots 9, 10, 19 and 20, ,lock 4; and Lots and 19, Block q, Colonial Heights, located on Brandon Avenue, S. H** at Colonial Avenue, he r,zoned from General Residence District to Uusiness District. Dr. Corn,Il moved to refer the request to the City Planning Commission for study and recommendation, The motion was seconded by Mr. Dillard and adopted. SIREET LXGHTS: The City Clerk presented a communication from the Ap- 'tp~lachian' Power Company, reporting the removal of two 1000 lumen street lights in the *icity during the month of June, 1960. [! R i~ r. Anderson moved to file the communication, The motion was seconded by Dr. Cornell and adopted. POLICE DEPARTMENT-CITY JAIL: The City Clerk presented a report Of the State Department of Welfare and Institutions, covering the inspection Of the Police Lockup and the City Jail as performed by said department on July 6, Dr. Corn,Il moved to file the report. The motion was seconded by Hr. Anderson and adopted. PARRS AND PLAYGROUNDS: The City Clerk presented a communication from Mr. 0o Co Fracker, 3235 Oliver Road, N. E., advising that there is no park or play- ground available to the children in that immediate area and requesting that the City provide a suitable playground for them. ' Dr° Corn,Il moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Anderson and adopted. BUDGET-CIYY TREASURER:'The City Clerk presented a commucication from the City Treasurer, requesting that $1,000.00 be transferred from Maintenance and Rental of Equipment to Stationery and Office Supplies in his 1960 budget, advising that due to increased costs the appropriation for stationery and office supplies is in- sufficient. "464 Mrs. Pickett moved ~o concur in the request and offered the folloulng e=ergeacy Ordioance: (mi4101) AN ORDINAMCE to amend and reordain Section afl, 'Treasurer,u of the i960 Appropriation Ordinance, and providing rot an emergency. (For full text of Ordinance,. see Ordinance Book Mo. 24, page l/O.) HFS. Pickett guyed the adoption of the Ordinance. The =utiou was second- ed by Mr. Nebber and adopted by the follouing vote: AYES: Council members Anderson, Cornello Dillard, Pickettt Mebber, Young and the President, Mr. Mheeler ................... ?. - NAYS: None ............................ O. REPORTS OP OFFICERS: RESIGNATIONS-CITY PLANNING COMMISSION: The City Manager reperted that Mr H. C. Broyles. City Engineer, has resigned as a member of the City Planning Com- mission, effective July 16. 1960. Dr. Corneil moved to file the report. The motion was seconded by Mr, Anderson and adopted. APPOIN'fMENTS-HEALTH DEPARTMENT: The City Manager reported the reap- pointment of Dr. C. tl. Hagenbuch and Mr. Arthur T. Ellett as members of the Board of Health, effective July 1. 1960. for terms of two years each. Mr. Anderson moved to file the report. The motion was seconded by Dr. Cornel] and adopted. AIRPORT: The City Manager submitted a tabulation of bids received for the-~ construction of medium intensity lighting installation for the northeast-southwest runway at the Roanoke Municipal Airport, showing the bid of Clayton 6. Tinnell, in the amount of $14,057.00, as Ion, and recommended the acceptance thereof, s~bject~i to the approval of the Federal Aviation Agency, the City Manager advising that it will be necessary to appropriate funds for the said contract. Mr. Young moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance accepting the bid of Clayton G. Tinnell: (~14102) AN ORDINANCE accepting the proposal of Clayton D. Tlnnell, Electrical Contractor, for the construction of medium intensity lighting installatioh for the Northeast-Southwest (5-23) Runway at Roanoke Municipal (W,,drum) Airport, subject to the approval of the Federal Aviation Agency; authorizin9 the City Manager to execute the requisite contract; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 179.) Mr. Young moved the adoption of the Ordinance, The motion was seconded by Dr. C,meld and adopted by the f,Il,win9 vote: AYES: Council members Anderson, Cornell. Dillard, Pickett, Webber, Young, and the President, Mr. Mheeler ................... 7. MAYS: None ............................ O. Mr. Young then offered the following emergency Ordinance providing funds for said contract: (#14103) AN ORDINANCE to amend and reordain Section ~142. mYransfer to Ioprovewent Fund,m of the 1960 Appropriation Ordinance0 and providing for an emergency. (For full text of Ordinance. see Ordinance Book Mo, 24. page I§0,) Mr, Young norad the adoption of the Ordinance. The notion was seconded by Mr. Mebber and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber, Young, and the President, Hr, Mheeler ................... ?. NAYS: M, ne ............................ O. BUDGET-TRAFFIC EMGIMEERINO AND COMMUNICATIONS: The City Manager reported that Mr. Gay L. Austin, Superintendent of Alarms, retired on May 31, 1960, and that his position has been abolished, the City Manager advising that the work previously accomplished by Mr. Ams*in has been taken over by Other personnel in the Traffic Engineering and Communications Department which will require additional funds in the amonnt of $1,5§O.00 for wages in that department for the remainder of the year, and reqnested that said amount be appropriated. Mr. Mebber moved to concur in the reqnest of the City Manager and offered the following emergency Ordinance: (=14104) AN ORDINANCE to amend and reordain Section =63, "Traffic Engineering and Communicatlons,* of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 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 the President, Mr. Nheeler ................... NAYS: None ............................ O. BUDGEY-GARAGE-GARBAGE REMOVAL: The City Manager requested a transfer of $4,000.00 from Repairs to Incinerator in the Refuse Collection and Disposal account to Repairs by Others in the Garage account o~ the 1960 budget to provide for repairs to a TD-14 bulldozer located at the City Dump. Mrs. Pickett moved to concur in the request of the City Manager and of- fered the following emergency Ordinance: (=14105) AN ORDINANCE to amend and reordain Section nqT, "Refuse Col- lection and Disposal," and Section :gq. "Garage** of the 1960 Appropriation Ordinanc, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book Mo. 24, page 181.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Anderson and adopted by the following votes AYES: Council members Anderson, Cornell, Dillard, Pickett, Mebber, Young, and the President, Mr. Wheeler ................... 7. NAYS: None ............................ O. '465 -'466 HUDGET-~ARKS AND PLAYGROUNDS: The City Manager requested an appropriation of $172.50 to provide for th[ purchase of animals and birds at the 'Children*$ Zoo in Mill Mountain Park, stating that the appropriation for this purpose mas eliminated from th~ IR60 budget and that dna ~o the death of some of the animals and birds at the Zoo it will he necessary to replace them. Dr. Corn*Il moved to concur in the request of the City Manager and offere~ the folloming ~mergency 'Ordinance: (#14106) AN ORDINANCE to amend and reordain Section ~144, WDepartmental Equipment and Improvements." of the 1960 Appropriation Ordinance, and providing for an emergency. (For ~ull text of Ordinance, see Ordinance Book No. 24, page 182.) Dr. Corn*Il moved the adoption of the Ordinance. The motion mas seconded by Mr. Anderson and adopted by the following vote: AYES: Council members Anderson, Corn*Il, Dillard, Pickett, Webber, Young,ll ~nd the President, Mr. Nheeler ................... ?. NAYS: None ............................ O, BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted the pro- posed budget of the Department of Public Welfare for the fiscal period July 1, lg60-1i June 30, lgSI. which he recommended that Council study until its next regular meet- lng when he will have representatives of the Department of Public Melfare present to discuss the budget. Dr. Corn*Il moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Young and adopted. TRAFFIC: The City Manager reported that he has further studied the 'question of establishin5 traffic'signals ~t the intersection of Nilliamson Road and Chatham Street or at the intersection of Williamson Road and Lyndhurst Street as directed by Council at its meeting of July 11, 1950. that the cost of establishing such a signal would be $4,500.00 per intersection, and that no funds or equipment are available at this time for such installations, the City Manager recommending that the matter be tabled for consideration along with the 1951 budget. Mr. Nebber moved to'concur in the recommendation of the City Manager. The motion was seconded by Mr. Young and adopted. BUDGET-STREEYS AND ALLEYS: The City Manager advised that Roanoke MemoriaJ Hospital has requested that Council repave Lake Avenue, through the property of the hospital, and the exit from the'parking lot which enters i~to Belleview Avenue which is an unnamed city streett both Of mhich are in bad condition; that Adams Construction Company has offered to perform the necessary work for a price of $527.2~ for both jobs, and that the hospital will be glad to pay one-half the cost Jf the city will assume the other half, the City Manager recommending nccep- 'tRuce of the p~oposal. Mr. Webber moved to refer the request to the City Attorney for pr*para*Jo! of the necessary Resolution accepting the offer of Roanoke Memorial Hospital. The motion was seconded by Mr. Young and adopted. BUILDING DEPARTMENT-PLUMBING DEPARTMENT: The City Manager submitted a recommeedetlon of the Commissioner of Dolldiogs that certain amendments be made to the Building and Plnmblng Codes, and rmqncsted that Conncil st*dy these proposed amendments until its next regular meeting, a't mhich time he will have the Cos- missioner of Dnildlngs present to explain them. * Dr. Cornell moved 'to table the matter until the next regular meeting of Council. The notion was seconded by Mr. Anderson and ad'opted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: Council at its meeting of June 13, 1960, having referred to' the Jcity Planning Commission for study and' recommendation a petition of Mr. Elbert D. Maldrou, et al., that their properties designated as Lots 12-22, inclusive, Block 21, Lots 4-11, inclusive, Block 25, Rashington Ueights Map, located on Melrose Avenue, No M., between Van Buren Street and Monroe Street, be Fez*ned from Special Residence District to Business District, the City Planning Commission submitted its report, advising that in its opinion the property in question is best suited for business purposes and should, therefore, be so zoned, the Commission therefore i!recommending that Council grant the request of the petitioners. Mr. Webber moved to set a public hearing in the matter for 2:00 o'clock, p. m., August ZZ, 1960, in the Council Chamber, and to ~irect the attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney, and submit it to the City Clerk for publication. The motion mas seconded by Dr. Cornel1 and adopted. STREETS AND ALLEYS: Council at its meeting of June 27. lgGO. having re- ferred to the City Planning Commission for study and recommendation a petition of the Potomac Conference of Seventh-Bay Adventists, requesting that a 20-foot alley in the rear of Lots 27 and 2B, Block 7, Virginia Ueights, extending westward from Oxford 'Avenue, 'S. W., be vacated, discontinued and closed, the City Planning Com- mission submitted its report, advising that in its opinion closing of the alley in question would not be detrimental to the existing street system or adjacent prop- erty owners since the petitioner has agreed to provide a new 25-foot alley along the northwest line of Lot 11 B, Block T, Section 1, Virginia Ueights Map, being the westerly side of its property; further that the petitioner would construct the new alley according to the city's specifications and standards, including the crossover and such curbing as mill be necessary, the Commission therefore recom- mending that the request be granted. Mr. Webber moved to set a public hearing in the matter for 2:00 o'clock. p. s., August 22, 1960, in the Council Chamber, and to direct the attorney for the petitioner to prepare the proper notice of said hearing, have it approved by the City Attorney, and pr*semi it to the City Clerk for publication. The motion was seconded by Dr. Corn*Il'and adspted. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: Council at its meeting of July 11, lgGO, having denied the request'of the Judge of the Juvenile and Domestic 467 Relations Court for an appropriutiou of $350.00 for travel expenses, and at the same time baying directed the City Auditor to advise Council of the amount of expenditures in excess of the original appropriation for travel expenses Of the said court uhich bare been made to date, the City Auditor reported, that six Pro- bation Officers attended a meeting of the Department of #elfare and Institutions, Ioslitote for Probation Officers, al Richmond, YirgioJa, at a cost of $179,40, for mkich he denied payment, there being only $4.1fl remaining ia the original appropriation of $300.00 for travel expenses for the year 1960. The City Clerk presented a communication from the Judge of the Juvenile Court. advising that the $179.40 mas expended by the Juvenile Court*s Probation Officers in attending the meeting in Richmond, that he desires to attend a meeting of the Institute of Southern Juvenile Court Judges in Blue Ridge, North Carolina, during the week of August 7, 19600 and requesting that Council appropriate $329.40 to cover both items, advising that the funds could be transferred from the Court*s., salary accounts. After considerable discussion, Dr. Cornell moved to appropriate $329.40 as requested by the Judge of the Juvenile and Domestic Relations Court. The motion was seconded by Mr. Dillard. Mrs. Pickett then offered as a substitute the following emergency Ordinance appropriating $179.40 to pay accounts of the Juvenile Court Officers already expended: (~14107) AN ORDINANCE to amend and reordain Section ~23. #Juvenile and Domestic Rein}ions Court,# of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page Mrs. Pickett moved the adoption of the Ordinance. The motion was sec- onded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber. and Young ............................................... NAYS: The President, Br. Wheeler .........1. Dr. Cornell then offered and moved the adoption of an Ordinance propriating $150.00 for travel expenses of the Judge of the Juvenile and Domestic Relations Court. The motion was seconded by Mr. Dillard and lost by the follow- ing vote: AYES: Council members Cornell and Dillard .......................... NAYS: Council members Anderson, Pickett, Webber, Young, and the President Mr. Wheeler ........................ CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING-STREETS AND ALLEYS: Ordinance No. 14094, establishiog building setback lines on the north side of WcClanahan Street, S. W., between Carolina Avenue and Jefferson Street, and on the south side of McClanahan Street, S+ between Franklin Road and Jefferson Street, having previously been before Council -469 for its first reading, read and laid over. wac again before the body. Mrs. Plchett offering the foil,wing for its second reading and final adoption: (~14094) AN ORDINANCE establishing building setback lines on the north side of RcClanahan Street. S. W.. between Carolina Avenue and Jefferson Street. and ~on the south side of McClanahan Street. S. ~.. between Franklin Road and Jefferson Streeto (For full text of Ordinance. see Ordinance Book No. 24. page 177.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconde~ by Mr. ~ebber and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pichett. Nebber. Young. and the President, Mr. Nheeler ................... ?. NAYS: None ............................ O. EASEMENTS-SEWERS ANB STORM DRAINS: Eouncil at a special meeting of July 16, 1960, having adopted a report of its committee for construction of a storm drain from Florist Road, N. N., to Airport Road, N. M., providing for procurement of easements for sewer and storm drain rights of way from Kyle and Johnson and John D. Roop, Mrs. Pichett offered the following emergency Ordinance accepting the offer of Kyle and Johnson: (=14108) AN ORDINANCE accepting the offer of Kyle ~ Johnson to convey an easement to the City; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 24, page 103.) Mrs, Pickett moved.the adoption of the Ordinance, The motion was second- ed by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the President. Mr. Nheeler ................... 7. NAYS; None ............................ Oo DF. Cornell then offered the loll,win9 emergency Ordinance 3ccepting the offer of John D. Roop: (=1410g) AN ORDINANCE accepting the offer of John D. Roop to convey an easement to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 24, page 183.) 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. Youn9. and the President. Mr. Wheeler ................... NAYS: None ............................0. The CitI Manager advised Council that the original estimate of the cost of the right of way from John D, Roop was $100,00, whereas, the final cost was $$00.00, and that there is an orerdraft of $12.30 in the sewer cons*ut*ion right of way account; therefore, an appropriation of $212.30 will be required. Nr, Dillard offered the following emergency Ordinance: (~14110) AN ORDINANCE to amend and reordain Section ~141, ~Sewer and Drain Construction,u of the 1960 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book,No. 24, page 184.) "470 of way, and the preparation of n Resolution authorizing the Norfolk and Western Railway Company to proceed with the fmprovements thereon Immediately and prior to receipt of a deed therefor, Mr. Anderson offered the following Ordinance: (=14111) AN ORDINANCE authorizing conveyance unto the Norfolk a nd Nestern Railway Company of certain real estate adjacent to its Rest End Yards. ~I~REAS, the Norfolk and Western Railway Company has offered to purchase from the City of Roanoke the real estate described in the ordaining clause of this ordinance for $1,600.00 cashl and MHEREAS, a committee, consisting of the City Manager, the City Attorney and the City Auditor, bas recommended the acceptance of the aforesaid offer, in which recommendation this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby, authorized and directed to execute a deed, to be prepared by the City Attorney, conveying, ~ith special ~arranty of title, unto the Norfolk and Western Railway Company, for $1,600.O0 net cash, the folloning real estate, viz.: Lot 3, Block 4, Map of Rorer Ueirs, Official Tax No. 121042~; Lot 5. Block 4. Map of Rorer Doits, Official Tax No. 1210431; Lot 1. Block 4, Rap of Rorer ti*irs, Official Tax No. 1210426; and Lot 14, Block g, Map of Mestview, Official Tax No. 1310614° Mr. Anderson ~oved the Ordinance on its first reading. Yhe motion was seconded by Or. Cornell and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard, Pickett, Mebber, and the Presidentt Mr. Mheeler ....................... 6. NAYS: None ............................O. (Bro Young not voting) Mr. Dillard then offered the following Resolution: (~14112) A RESOLUTION authorizing the Norfolk and Wester Railway Company to make certain improvements on real estate belonging to the City, adjacent to its West End Yards. (For full text of Ordinance. see Ordinance Book No. 24, page 104.) Mr. Dillard moved the adoption of the Resolution, The motion was second- ed by Rt. Anderson and adopted by the following vote: AYES: Council members Anderson, Corn*Il. Dillard, Pickett, Webber, and the President, Mr. Wheeler ....................... 6. NAYS: None ............................Oo (Mr~ Young not voting) MOTIONS AND MISCELLANEOUS BUSINESS: NONE° There' being no further business, Council adjourned. A P P R 0 ¥ E D /'~~Prest~~eot ABSENT: None ........................O, OFFICERS PRESENT: Mr, Arthur S, Ouens, City Manager, Mr, Randolph G, Nhittle, City Attorney. #r. William F. Grlggs, Assistant City Auditor, and Mr. J. Robert Thomas,.Clty Clerk, AIRPORT: The #ayor announced that the purpose of this meeting is to con- sider the report of its Airport Committee concernin9 the application of American Airlines, Incorporated, and Piedmont Aviation. Incorporated, to the Civil'Aeronautic~ Board for changes in their respective flight schedules into Roanoke. pursuant to action of Council at its regular meeting of July 25. 1960. The committee composed of Messrs. Roy L. Webber, Chairman, Barry R. Yates. and Arthur So Owens, submitted a supplemental report, advising that it met with the Airport Committee of the Roanoke Chamber of Commerce on July 27, lg60, and, as a result of that meeting, recommends that Council adopt a Resolotion requesting that the Civil Aeronautics Board, at the earliest possible moment, provide airline service between the City of Roanoke and the City of New York, Mr. Shields Johnson. President of the Chamber of Commerce, appeared before Council and advised that the position of the Chamber of Commerce is still in op- )osition to the withdrawal of American Airlines from the city until a through flight to New York by some other airline is authorized by the Civil Aeronautics Board, thus eliminating interruption of that service, Rr. Johnson advisin9 Council that the Chamber of Commerce is now represented by Wr, Richard F. Pence as its attorney in the matter. Wr. Pence appeared before Council and presented a Resolution of the Board of Directors of the Roanoke Chamber of Commerce, favoring retention of existing airline services, regardless of the carrier providing the same, in a degree not less than presently provided, including through flights to Neu York City; pledging the use of its weight and influence before the Civil Aeronautics Board to preserve such airline service in conjunction with other interested parties and to seek additional and improved airline service for Roanoke and environs; and requesting the Council of the City of Roanoke to join with it in the action sponsored, taking all neces- sary official action to oppose the lessening of existing airline services, Rro Pence stating that while American Airlines is not furnishing adequate service for the City of Boanohe, and that more than fifty per cent of the New York passengers leaving Roanoke used the eleven daily Piedmont flights connecting with other carrier! to New York, nevertheless, the daily through flights to and from New Yorh City are ~4'72 lmportnn~ factors in the industrial development of the city end its tradlsg area, from the standpoint of bot~ passenger and express service~ that a study of all the cities with populations in excess of 15,000 and mlthln a SOO-mile radius of Nam York City indicates that said cities hsve direct flights to New York Cltyo except eight who are within a maximum of thirty-three miles of an airport with direct flights to New York;.that the Chamber of Commerce Is not opposed to American or Piedmont Airlines, but merely wants to hold on to the present American flights to Neu York until an adequate substitute is authorized by the Civil Aeronautics Board; and that the Chamber of Commerce believes that any action taken by it or others to secure a hearing before the said Doard will be unavailing, unless the city joins with them in their efforts, Mr. Pence requesting that the City Attorney*s Office be directed to assist the Chamber Of Commerce in its efforts to obtain its end. Appearing in support of the Chamber of Commerce presentation were Messrs. M. P. Booker, Robert M. Moody. Stanley Talbott, Richard E. Klemas, Arthur T. £11ett Raymond C. Parrott, and B. Forman, along with a number Of other unidentified persons. Appearing on invitation of Council were Mr. T. H. Davis, President of Piedmont Aviation, Incorporated, and Mr. Morris Shipley, Assistant Vice President Of American Airlines, Incorporated. In response to a question by Dr. Cornell, Mr. Shipley stated that it is possible for American Airlines to hold up its petition for suspension of its service at Roanoke until the Civil Aeronautics Board answers a request for other New York City flights to replace American; however, his company does not intend to hold up its petition, but will lend its entire support to Piedmont Aviation in its request for such service. In response to a question from Mr. Dillard, Mr. Shipley stated that it is not economically feasible for American to stop one of its flights in Roanoke which presently overflies the area en route to New York. Mr. Mebber advised Council that his committee made a thorough and ex- haustive study of all factors in connection with the petitions of American Airlines and Piedmont Aviation and concluded that in the interest of the City of Roanoke and its trade area Piedmont Aviation should be supported by the city both in its ap- plication to the Civil Aeronautics Board for additional flights to Washington and for a direct flight to New York via Charlottesville; that in its opinion this would give the City of Roanoke much better service than it nom has. pointing out, however~ ithat Roanoke cannot get direct New York City service from another airline as long as American operates such aservice, Mr. Webber further stating that due to the fact that American is presently changing its equipment over to four engine jets, in accordance with long-range Civil Aeronautics Board and Department of Defense plans, it monld not be economically feasible for American to provide proper service between the City of Roanoke and New York City; that his committee is firmly of the belief that Piedmont mill, if allomed, provide better service for Roanoke than would any other carrier; that .if Council adopts the Resolution recommended in the supplemental report of the committee, and if the Civil Aeronautics Board should deny the request of Piedmont thereafter for a direct Mew York flight, the city would then be in position to request that service from other airlines operating in the area; that Council has already negotiated with Piedmont Aviation to bFing a portion of its maintenance work to Roanoke Municipal Airport, contributing to the Industrial development of the community; and that if the city should oppose. the request of American Airlines~ for abandonment of Its service in Roanoke. and the Civil Aeronautics floard should then sustain the request of American Airlines. it would do so o~ the basis that there is not sufficient business at Roanoke Municipal Airport to sustain a trunk carrier, and thus place the city in an un- tenable position for future requests for such service. In response to a question of Mr. Young, Mr. Davis stated that Piedmont Aviation, Incorporated. has a mutual interest with the City of Roanoke and is com- mitted to provide adequate service for the city as now evidenced by its effort to fill the void which would be created by American Airlines* withdrawal, In response to a question of Mr, Anderson, Messrs, Davis and Shipley both advised that in their opinion the better strategy to follow in the matter is for Piedmont to file a request for a Neu York flight after the Civil Aeronautics Board acts upon the present petitions of American and Piedmont before it; that to proceed with a request now for a New York flight to replace American would weaken the case of the city. Mr. Shipley stating that American can no longer provide long and short haul facilities because of the conversion of its equipment, In reply to a question from Mr, Webber, the City Manager advised that, in his judgement, the committee's report and recommendations, if adopted, would place the city in a sound position to secure adequate air service on a long-range basis, Mr, Pence advised Council that the Chamber of Commerce will oppose the application of American to withdraw from the City of Roanoke with or without the support of the City Council, Mr. Webber then moved to adopt the report of the Airport Committee, The motion was seconded by Mr, Young, Mr. Dillard stated that it appears the city and the Chamber of Commerce are so close together in their desires that, in his opinion, some compromise might be reached, and moved to recess the meettnguntil 7:30 o'clock, po m., during which time Council*s Airport Committee and the City Attorney might.confer with rep?esen- tatives of the Chamber to attempt such a compromise, The motion was seconded by Dr, Cornell and adopted, Council reconvened at 7:30 o'clock, p, m,, August 1, 1960, with Mr, Youn absent. The Mayor stated that Mr, Young has advised him that due to unforeseen circumstances he will be unable to attend the adjourned session, Mr, Webber then moved to adjourn the meeting until 12:00 o'clock, noon, August 2, lg60, The motion was seconded by Mr, Dillard and adopted, ...473 '474 Pursuant to its adjournment et 7:30 o'clock, p, m., August l, 1960. Council econvened at 12;00. noone August 2, 1960, all members of Conncil being present. Mr. Richard F. Pence. Attorney for the Chamber of Cowmercet again appeared tad advised Council that American Airlines. lncoxporated, and Piedmont Aviation, Incorporated, have agreed to extend the deadline for ansmering their petitions befor~ the Civil Aeronautics Hoard for one meek. mhich would permit filing of on answer by August 12. 1960; that the Chief Examiner of the Civil Aeronautics Hoard has agreed to extend the time om request of the Chamber of Commerce; that the Chamber of Com- merce mill request such an extension and proceed to oppose the withdrawal of America~ Airlines service from Ro3noke until such time as the Civil Aeronautics Board author- izes some other airline to provide direct service to New York City; and that the Chief Examiner has stated that an oral hearing before the Commission mill be granted if the governing body of the city requests it; however, he feels there is not much chance of such a hearing betng granted on the request of the Chamber of Commerce alone, Mr. Pence. therefore, requesting that if Council should adopt the Airport Committee*s report, it also request such an oral hearing to permit the Chamber of Commerce and other interested parties to plead their case before the Civil Aeronautics tBoard. i Mr. pence then presented and requested the adoption of a proposed Resolution~ iwhereby Council would state that it favors retention of existing airline service lat the Roanoke Municipal Airport, regardless of the carrier prortdlng such service, lin a degree not less than presently provided, including through flightsto New lYork City. and its intention to use its weight and influence in every way to pre- ils,rye such airline service; that Council would cooperate with any other interested lparties in seeking additional and improved airline service for the city and its ienvirons, and that the duly authorized representatives of the city shall lend ![assistance and support to securing through service to New York by Piedmont in the event American is permitted to withdraw; and direct the City Attorney to Join with Counsel for the Roanoke Chamber of Commerce in taking all necessary legal steps before the Civil Aeronautics Hoard and the courts to effectuate the purposes therein expressed. Appearing in support of the Chamber of Commerce were Mrs. M. A. Ingram; Delegate Charles E. Green. Jr.. Bedford. Virginia; Mr. William C. Walters. Assistant Manager of the Rub,tax plant at Bedford. Virginia; Rr. Irvin9 Saks; Rro James #. Elliot. Jr.. President. Salem Chamber of Commerce; a representative of the Vlnton Chamber of Commerce; Hr. Gordon Co Willis. President. Roanoke Valley Developement Corporation; Mr. J. P. Carolaa. Manager. Sears-Roebuck and Company; Mr. Kenneth R. Hyde. Associate-Manager. Hotel Roanohel Mr. William P. Wallace; Mr. A. Llnwood Hol- ton. Jr.;Rr. Jack C. Smith; Mr. Robert W. Moody; Mr. William A. Ingram; and Mr. Nil~ liam Oavis. After considerable discussion of the matter* Mr. Webber moved to adopt the report of the committee. The motion was seconded by Mr, Young. 475 DFo Corsell then offered a substitute motion to adopt the Resolution as presented by the Roanoke Cbsmber of Comoerce. The motion wss seconded by Dillar~ and lost by the following vote: AYES: Council members Cornell, Dillard, and Pichett .......... NAYS: Council members Anderson, Webber, Young, and the President, Mr. Wheeler .......... Mr. Webber*s motion to adopt the rep*Pt was then adopted by the follow- ing vote: AYES: Council members Anderson, Webber, Young, and the President, Hr. Wheeler ......................................................... 4. NAYS: Council members'Corn*Il, Dillard, Pickett ......3, Mr. Webber then offered the following Resolution: (=14113) A RESOLUTION expressing Council's appreciation for the excellenl co*operation, services and friendly relations that the City of Roanoke and its of- ficials have consistently enjoyed with American Airlines. Inc** and its officials and wishing said corporation continued success. (For full text of Resolution, see Resolution Book NO. 24. page 185.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following rote: AYES: Council members Anderson, Pickett, Webber, Young, and the President Mr. Wheeler .................................................. 5o NAYS: Council members Corn*Il and Dillard .......... Mr. Webber then offered the following Resolution: (314114) A RESOLUTION advising the Civil Aeronautics Board that this Council concurs in the application of Piedmont Aviation, Inc** as set forth in said ti'corporation*s application that has been assigned Docket No. 11606. (For full text of Resolution, see Resolution D.ok No. 24, page 185.) Mr. Webber moved the adoption of the Resolution. The notion was seconded by Mr. Young and adopted by the following rote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webbert Young, and the President, Mr. Wheeler ................ 7. NAYS: None .......................... On Dr. Corn*Il then offered the following Resolution: (=14115) A RESOLUTION expressing this Council*s appreciation to Piedmont Aviation, Inc** for the excellent service it has provided in meeting the expanded growth at the Airport and its continued willingness to improve its services to Roanoke as and when necessary. (For full text of Resolution, see Resolution Book No. 24, 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, Corn*Il, Dillard, Pickett, Webber. Young, and the President, Mr. Wheeler ............... NAYS: None .........................O. "476 Mr. Webber then offered the following Resolution: (~14116) A RESOLUTION requesting the Civil Aeronautics Board to enter an order at the first possible moment permitting Piedmont Aviation, Incorpornted, to provide all requisite service between Roanoke, Virginia, and New York City via Charlottesville. Virginia. (For full text of'Resolution, se~ Resolution Book No. 24. page 106.) Mr. Webber moved the adoption of the Resolution. The motion mas seconded by Dr. Corn*il and adopted by abe following vote: AYES: Council members Anderson, Corn*Il, Dillard, Pickett, Webber, Young, and the President. Mr. Wheeler .... ~ ............ ?. NAYS: ~oae .......................... O, Mr. Anderson stated that in viem ~f the wide-spread public interest in the matter, and the considerable opposition to the withdrawal of American Airlines from the city, he believes that In the interest of fair play, the opponents should have an opportunity to express their opposition before the Civil Aeronautics Board, and therefore offered the following Resolution: (Zl411?) A RESOLUTION directing the City Attorney to request the Civil Aeronautics Board to grant a full oral hearing in the application of American Airlines, Incorporated, for an order authorizing temporary suspension of service by American Airlines. Incorporated. at Roanoke and Richmond. Virginia, etc., (Dockett No, 11592) so that the Roanoke Chamber of Co~merce and all other interested parties may be heard. (For full text of Resolution, see Resolution Book No. 24, page Hr. Anderson moved the adoption of the Resolution. The motion was second- ed by Mr. Webber and adopted by the following vote: AYES: CounCil members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President, Mr. Wheeler ................ h'/¥S: ~one ......................... O. There being no further business, Council adjourned. APPROVED "477 COUNCIL, REGULAR MEETING, Monday, August G, 1960. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Monicipal Duilding, Honday, August D, 1960, at 2:00 .*clock, p. m.o the regular meeting hour, with the President, Mr. Uheeler, presiding. , PRESENT: Council members Anderson, Corn*Il, Dillard, Pichett, Webber, Young, and the President, Mr. Wheeler ......... 7. ABSENt: None ....................... OFF ICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle, City Attorney, Mr. Harry R. Yet*s, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting sas opened with a prayer by the Reverend Harold Q. Helms, Pastor, Foursquare Gospel Church. MINUTES: Copies of the minutes of the regular meeting held on July 25, 1960, and the special meeting held on August 1, 1960, having been furnished each membeF of Council, upon motion of Mrs. Pickett, seconded by Dr. Corn*Il and adopted, il I the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: WAGES-CITY EMPLOYEES: The City Clerk presented a petition from the hourly paid employees of the Department of Parks and Recreation, requesting that consi- deration be glven by Cooceil to granting to them a cost of living increase of from 3 to 5 per cent. Mr. Rebber moved to table the request for consideration along with the 1961 budget. The motion was seconded by Mr. Young and adopted. SEWERS AND STORM DRAINS: The City Clerk presented a Resolution of the Boaz of Supervisors of Roanoke Ceunty~ requesting that the contract of September 28. 1954, between the city and the countys dealing mith the treatment of domestic and commercial wastes, be amended by adding thereto an area containing 25 acres, more or less, lIlng in the county north of State Route 629 and east of State Route 116o Rro Young moved to refer the request to a coamtttee composed of Messrs. Roy L. Webber, Chairman, Walter L. Yonng, Arthur S. Owens, and Randolph 6. Whittle for study and recommendation. The motion was seconded by Mr. Anderson and adopted. REPORTS OF OFFICERS: BUDGET: The City Manager requested that Council appropriate $250.00 for purchase of a document file for the Municipal Court, and $380.00 for the purchase of filing equipment for the Electoral Board, which was eliminated from the 1960 budget,,but is now needed On an emergency basis. Mr. Anderson moved to concur in the request of the City Manager and off*re* the following emergency Ordinance: ';478 (#14118) AN ORDINANCE to amend and reordaln Section n144, mDepartmental ~qul~uent and Improvements,~ of the 1960 Appropriation Ordinance, nad providing for sa euergency~ (For full text of Ordinance, see Ordinance Rook No. 24, page 189.) Hr, Anderson moved the adoption of the Ordinauceo The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Rebber, Young, and the President, Mr. #heeler ............. ?* NAYS: ~ None ...................... O, The City lanager also requested an appropriation of $950,00 to provide for the purchase of a developmnt and fixing tank, along with necessary appurtenances. one film drying machine for X-ray films for the City Health Department, advising that the present equipment is inadequate and must be replaced since it can no longer be repaired. Dr, Cornell moved to concur in the request of the City Manager nnd offered lthe following emergency Ordinance: (~14119) AN ORDINANCE to amend and reordain Section =144, "Departmental quipment and Improvements ~ of the 1960 Appropriation Ordinance. and providing for ' an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 189.) Dr. Cornell 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, Nebber, Young, and the President. Mr. Nheeler .............. NAYS: None ....................... O, BUDGET-TRAFFIC ENGINEERING AND COMMUNICATIONS DEPARTMEKI: Yhe City Mana- ger requested that $50°00 be transferred to Stationery and Office Supplies, and $100.00 to Supplies from Maintenance of Mnnicipal Radio Systems in the Traffic En- gineering and Communications budget for the year 1960, advising that the original appropriations to these accounts are not sufficient for operations during the year. Mrs. Pickett moved to concur in the request of the City Ranager and offer- ed the following emergency Ordinance: (=14120) AN ORDLNANCE to amend and reordain Section =63, "Traffic Engine- ering and Communications,~ of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24t page 19Oo) 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, Nebber. Young, and the President, Mr. ~heeler NAYS: None ...................... O. .479 RUD6ET-AIRPORT: The City Manager requested an nppropriation of $535,00 to Contractors in the Airport account of the 1960 budget to pay the claim of Gimbert and Gimbert, Incorporated, which mas ,yeti,,bed ia the removal of the heavy sm,us last winter. Mr, Young moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~14121) AN 0RDINA~CE to amend and reordain Section ~fla, *Airport,m of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinanc~ Dook No, 24° page 190,) 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, Corm,Il, Dillard, Pickett. Mebber, Young, and the President. MFo Mheeler .............. 7. NAYS: None .......................O. BUDGET-ANNEXATION: The City Manager requested an appropriation of $2,474.39 to the Annexation account to pay the claims of Wiley and Wilson, Consult- ing Engineers, in the amount of $1,772.14; Marcus A, Bieler, Court Reporter, in the amount of $135.25; and Richard T. Edwards, Attorney, in the amount of $567.00, in connection with the annexation proceedings. Mr, Young moved to concur in the request Of the City Manager and offered the following emergency Ordinance: (~14122) AN ORDINANCE to amend and reordain Section ~155, *Annexatlon,' of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 24, page lql.) 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, RECREATION DEP~TME~: The City Manager reported that, pursuant to a directive of Council at its meeting of March 7, 1960, he has studied the request of committee of citizens of the Virginia Heights - Raleigh Court' area that the city st,vide a community center for the tm, areas during the year 1960, and has con- ;ulted with the citizens of the area in connection therewith; that the consensus of opinion is a community center similar to the one in Preston Park should be built in Shrine Dill Park for use of the area; tha~ the Raleigh Court ~Jon*s' Club has indicated it will donate'$1,500.O0 Or more toward the furnishing of such a building if constructed by the city; that' the Heights Club has indicated it will also assist in the furnishing Of the building; and that Mr. and Mrs. John W. Motich~ 1911 Memorial Avenue, S, W,, have offered to sell'the city their property for such its study of the 1961 budget, and in conjunction mith other needs of the city. 480 Mr. Webber moved to concur in the recommendation 'of the City Manager. The motion mas seconded by Mr. Young and adopted, PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that, pursuant to a directive of Council at its meeting of August 24. 1959, he bas nego- tiated mith the various property owners concerned with a view of acquiring the land needed for mJdening of Seventh Street, N. E.,' between Louisiana Avenue and Indiana Avenue, in order to provide an 60-foot right of way for the said streett as recommended by the City Planning Commission in its letter of August 7, 1959; that, as a result of such. negotiations, he has concluded the prices asked for the land are excessive, the City Manager recommending that Council hold the matter in abeyance with the idea that th~ land may be purchased at n lower cost at a future date when funds are available for, actual street widening. Mr. ~ebber moved to concur in the report and recommendation of the City Manager. The motion was seconded by Mr. Yuan9 and adopted. STREET LIGHTS: The City Manager reported that pursuant to a directive Of Council atits meeting of April 4, 1960, he has studied the request of Mr. Itarry ' ilEo Myerstbat two street lights be installed on CraJg-Robertson Road, So E., and advised Council that no funds are available for the installation of the street lights as requested in the 1960 budget, the City Manager recommending that the . request be held in abeyance until after the 1961 budget ia adopted. Mr. Anderson moved to concur in the report of the City Manager. The motio~ was seconded by Mr. Young and adopted. REPORTS OF COMMITTEES: #ATER DEPARTMENT: The committee composed of Messrs. C. M. Cornell, Chair-l! man. Roy L. Mebber, and Malter L. Young heretofore appointed to study the feasibili-li ty of providing more recreational use of the Carvins Cove Lake area, etc., submittedji an interim report in which it recommended:' 1. That the restaurant be painted on the Outside immediately, 2. That the new steel pier be painted immediately. 3, That funds be provided in the 1961 budget for adding cat-walks to the ,steel pier, 4. That an attempt be made to secure concessionaries who mill provide motor boat rides and operate an excursion boat with a capacity of 20 to SO people at reasonable fees. The City Manager advised Council that the restaurant and the pier have been painted during the last week. Mr. Anderson moved to refer to the City Manager for inclusion in the 1961 budget estimates funds to provide for catwalks on the steel pier. The motion was seconded by Dr. Coruell and adopted. Mr. Dillard then moved to refer bach to the committee for further study and recommendation the question of securing concessionaires who will provide motor boat rides and an excursion boat as recommended by the committee. The motion was seconded by Dr. Cornell and adopted. UNFINISHED BUSINESS: : BBILOING DEPARTI~N~-PLUMBING DEPARTMENT: Council at its meeting of July 25,.1960, haviqg tabled until its next regula~ meeting · recommendation for certain anendment~ to the Building and P~omblnq Codes as submitted by the City Man~ger, the matter ~as again before the.body. After some discussion of the matter, Mr. Mebber move~ to hold a public hearing on the proposed amendments at 2:00 o'clock, po n., September 60 1960, and to direct ~be City Attorney to prepare the proper notice of said hearing, and submit it to the City Clerk for publication. T~e mutton was seconded by Mtn Dillard and adopted. BUDGET-DEPARTMENT OF PUBLIC HELFARE: Council at its meeting of July 25, 1960t having tabled until its next regular meeting the proposed budget of the De- ~artmen~ of Public Welfare for the fiscal ~eriod July 1. 1960 - June 30, 1961, as approved by the State Department of Welfare and Institutions and s~bmitted by the City Managere the matter was again before the body. Hiss Bernice F. Janes, Director of Public Welfare, appeared before Council~ and explained the budget, advising that the item of Medical-Vendor under the var- ious cat~gories has been eliminated and a hospitalization item which ~roadens the base of coverage for medical payments has been substituted therefor; t~at the total increase in the budget for the last six months of 1960 amounts to $70,930.11, of which the city*s share will be $13.~96.61; that the increased funds are necessary to provide for increased costs under the welfare program. Mrs. Pickett offered the following Resolution approving the budget as submitted: (~14123) A RESOLUTXON approving the budget of the Department of Public Melfare for the ,fiscal year hegiqning July 1, 1~60t and ending June ~0, 1~61, presently on file in the Office of the City Clerk and previously approved by t~e 5tote ~epart- meat of Melfare and Institutions. (Fo~ full .text of Resolution. see Resolution Book No. 24, page 191.) Mrs. Pickett moved the adoption of the Resolution. The motion was second- ed 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 ........................ Mrs. Pickett then offered the following emergency Ordinance providing the necessary appropriations for the remainder of thc year: (~141~4) AN ORDINANCE to amend and reordain Section ~52, *Public Assist- ~nce** of the 1~0 Appropriation ~rdinance~ and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, ~age 192o) Mrs. Pickett moved the adoption of the Ordinance. The motion was second- ed by R~. Dillard and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Webbert Young, and the President, Mr. Wheeler .............. NAYS: None ....................... 481 '482 CONSIDERATION OF CLAIMS: NONE. : INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance Ho, 140990 to amend nad reenact Title XV, Chapter 40, Section 1, of The Code of the City of Roanoke, 1956, In relation to Zoning, having previously been before Council for its first reading, read and laid over, was again before the body, Dr, Cornell offerlsg the following for its second reading and final adoption: (~1409g) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 19560 iht*la*ion to Zoning, (For fall text of Ordinance. see Ordinance Rook No. 24t page 187.) Dr. Corn*Il 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, Pickettt Webber. Young, lad the President, Mr. Mheeler ................ 7. NAYS: None ......................... O. SALE OF PROPERTY-INDUSTRIES: Ordinance No., 14111, authorizing conveyance ~nto the Norfolk and Western Railway Company of certain real estate adjacent to its Nest End Yards. having previously been before Council for its first reading, read land laid over, was again before the body, Mr. Dillard offering the following for its is*toad reading~and final adoption: (~14111) AN ORDINANCE authorizing conveyance unto the Norfolk and Western Railway Company of certain real estate adjacent to its West End Yards. (For full text of Ordinance, see Ordinance Room No. 21, page IHS.) 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; Corn*Il. Dillard, Pickett, Webber, and the Presidents Hr. Nheeler ............. 6. NAYS: None ..............O, (mr, Young not voting) a Resolution authorizin9 resurfacing of portions of certain STREETS ,AND ALLEYS: Council at its ,meeting of July 25, 1960, having direct ed the preparation of the Roanoke Memorial Hospital. providing the hospital shall !istreets contiguous to pay one-half the cost thereoft MF~ Dillard ~offered the following Resolution: (:14125) A RESOLUTION conditionally authorizing the paving of small portions *f public streets contiguous to Roanoke Memorial Hospital site. (For full text of Resolution, see Resolution Rook No. 24, page 192.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded *y Mr. Young and adopted by the following vote: .AYES: Council members Anderson~ Corn*Il, Dillard, Pickett, Nebber. Young, and the President, Mr, Wheeler ................. 7. NAYS: None .......................... O. Mr. Dillard then offered the following emergency Ordinance appropriating ;he funds necessary for the paving; 6 NAYS: None ..........................O, MOTIONS AND MISCELLANEOUS BUSIh~SS; FIRE DEPARTMEh~: Dr. Cornell stated that on Saturdays July 30, 1960s firemen on duty in the Fire Department had been used to water the Municipal Building lawn. leaving shortages of personnel In.certain fire companies, which in his opinion is detrimental to the safety Of the city. and along with the shortage of fire equip- ment may tend to increase the fire insurance rates of citizens; that he is report- ing this to Council but expects no action to be taken. PENSIONS-LIBRARIES: The Mayor stated that a vacancy exists on the Board of Trustees of the Employees* Retirement System because of the expiration of the term of Mr. H, Cletus Broyles, and on the Roanoke Public Library Board because of the expiration of the term of Rabbi Samuel R, Shiilman, and called for nominations to fill the vacancy on the Board of Trustees of the Employees' Retirement System for a term of four years ending June 30, 1964. Mr. YounR placed in nomination the name of Mr. J, Robert Thomas. Mr. Dillard placed in nomination the name of Mr. D. Po McKinney. Mr. Webber moved to close the nominations. The motion was seconded by Dr. Cornell and adopted. Mr. J. Robert Thomas was elected a member of the Board of Trustees of the Employees* Retirement System for a term of four years ending June 30. 1964, by the following vote: FOR MR. THOMAS: Council members Anderson, Pickett, Webber, Young. and the President, Mr. Wheeler ............................................... FOR MR. MCKINNEY: Council members Cornell and Dillard .....2. Mr. Anderson then moved tO table the election of a member of the Library Board until the next regular meeting of Council. The motion was seconded by Mr, Webber and adopted. BUDGET-SEWERS AND STORM DRAINS: The City Manager requested that an ap- propriation of $675.00 be made to the Rights of Way account in the Sewer and Drain Construction account Of the 1960 budget. Dr. Cornell offered the following emergency Ordinance providing the funds as requestedl (#14127) AN ORDINANCE to amend and reordain Section #141, *Sewer and Drain Construction,# of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 193.) ~,84 Dr. Cor~ell moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the roll.wing rote: .AYES: Council members Anderson, Cor~ell, Dillardo Pichett, Hebber, Young, end the President, Hr. Hheeler ................. ?. HAYS: Hone ............. ~ ............ O. AIRPORT: The ~ity Hanover advised Council that he expects to hare the bid~ for construction of a hangar at the ~oanoke Municipal Airport (or ~iedmont Aviation, Incorporated, along with pertinent ~eports and papers, available by H~dnesday, and requested that Council set a specia~ neetln0 for R:O0 *°cloche po moo ~ednesda7, Augus~ 10, ~960, to fac*ire the said bids and reports.and ~ct thereon. HF. Dillard moved to concur in the request of the City Hanager and set a special meeting of Council for 12:00 o'eloch, noon, #ednesday, August 10. The motion was seconded by Dr, Cornell and ~dopted. There being no further business, Council adjourned. 485 COUNCIL, SPECIAL NEETING, Nedoesdoy, August 10, 1960, The Council of the City of Roanoke met in special meeting in the Council Chauber ia the Nunicipol Building, Wednesday, August 10, 1960, ut 12:00 **clock, noon, for the purpose of receiving a report of the City Manager on bids received for construction of a hangar at the Roanoke #unicipal Airport, with the President, Nr, #heeler. presiding. PRESEb~: Council members Cornell, Dillard, Pickett, Webber, and the Pres- ident, #r, Nheeler ................................................. 5, ABSENT: Council members Anderson and Young ..............2, OFFICERS I~£SENT: Mr, Arthur S, Owens, City Manager, Rr, Randolph Go Whittle, City Attorney, Nr. Barry R. Votes, City Auditor, and Mr. J. Robert Thomas, City Clerk. AIRPORT: The Mayor announced that the meetin9 is being held pursuant to action of Council at its meeting of August 0, 1960. for the purpose of receivin9 a report of the City Manager on bids received for construction of a hangar at the Roanoke Runlcipal Airport. The City #anager reported that On Tuesday, July 19, 1960, bids were re- ceived for construction of a hangar at the Roanoke Municipal Airport, rigid frame or bow string type, with alternate bids for a cantilever type hangar, and submitted ,,a tabulation of such bids showing the bid of J. F. Barb*ur ~ Sons, in the amount of $164,424.00, for the rigid frame or bow string type hangar, as low, the City Banager reporting that the bids have been submitted to Piedmont Aviation, Incorporated, who ;will lease the building in accordance with the agreement entered into between the city and that corporation, as authorized by Ordinance No. 14041. adopted by Council ion Nay 16. 1960. and submitting a letter of Piedmont Aviation approving the bid of ij. F. Ruth*ur ~ Sons as submitted; a communication from SmitheF and Boynton, Archi- tects, advising that they have analyzed the plans for the building as submitted by itthe low bidder, and that, in their opinion, such plans are adequate and proper, in accordance with the clty*s specifications; and, also, a communication from the Di- rector of Public Works recommending that the proposal of J. F. Barb*ur ~ Sons be accepted, the City Manager therefore recommending that Council accept the low bid of J. F. Barb*ur ~ Sons in the amount of $164,424.00 and award a contract therefor. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#14128) AN ORDINANCE accepting the proposal of J. F. Barb*ur ~ Sons for the construction of a hangar, to be leased to Piedmont Aviation, Incorporated; 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 Boob No. 24, page 194.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Nrso Pickett and adopted by the following vote: 486 AYES: CounCil members Cornell, Dillard, Plchett, ~ebber, and the President Ir. Iheefer ........ ~ .............. 5. NAYS: None .............O, (Mr, Anderson and Mr, Young absent) The City Manager then recommended that Council appropriate funds in the amount of $168,000,00 to cover the coat of construction and related expenses, the said appropriation to be made from the ~nter Replacement Reserve account, to be repaid to the said account from rentals received under the contract with Piedmont Aviation, Incorporated, Mr. Nebber moved to concur in the recommendation of the City Manager, and offered the following emergency Ordinance: (x14129) AN ORDINANCE appropriating $160,000,00 from the Inter Replacement eserve Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 195.) Mr, Webber moved the adoption Of the Ordinance. The motion was seconded )y Mrs. Pickett and adopted by the foil*wing vote: AYES: Council members Cornell, Dillard, Pickett, Webber, and the President! Mr. Wheeler ...................... 5. NAYS: None ............O. (Mr. Anderson and Mr. Young absent) There bein9 no further business, Council adjourned. APPROVED 6 COUNCIL, REGULAR MEETING, #onday, August 22, 1960. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, August 22, 1960, at 2:00 o'clock, p.m., the regular meeting hour, with the President, Mr. Mheeler, presiding. I~ESEI~: Council neahers Anderson, Cornell, Dillard, Pickett, Mehber, Young, and the President, ur° 1(heeler .......... ABSEN'~: None ........................ O, OFFICERS PRESEh-F: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened ~(ith a prayer by Dr. A. B. Hollings- worth, Jr** Past*re Second Presbyterian Church. MINUTES: Copies of the minutes of the regular meeting held on August 8, 1960, and the special meeting held On August 10, 1960, 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. BEARING OF CITIZENS UPON PUBLIC RATTERS: ZONING: A public hearing having been set for 2:00 **clock, p.m** Monday, August 22, 1960, on the request of Mr. Elbert H. Maldron, et al., that certain properties located on both sides Of Melrose Avenue, N. M., between Monroe Street and Van Buren Street, described as Lots 12-22, inclusive, Block 21, Mashington Heights, and Lots 4-11, inclusive, BI*ch 25, Mashington Heights, be fez.ned from Special Residence District to Business District, and notice of the hearing having been i published in lhe Roanoke I/*rid-News on August 5, 1960, and the City Planning Com- mission 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 and requested that Council grant the petition of his clients. Dr. Cornell moved to concur in the recommendation of the City Planning Com. mission and offered the following Ordinance: (z14130) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section of The Code of the City of Roanoke, 1956, in relation to Zoning, #HEREAS, application bas been made to the Council of the City of Roanoke to have The following property located on the North side of Melrose Avenue. N. between Monroe and Van Buren Streets, in Block 21, according to the Map of Nashlngton Heights Subdivision, more particularly described as follows: Lot Number Official Tax Number 12 2T61312 13 2761313 14 2761314 15 2761315 16 2761316 487 '488 l? 2761317 18 2761318 19 2761319 20 2761320 21 and 22 2761322 7he following property located on the South side of Melrose Avenue0 N, ~,, between Monroe and Van Ouren Streets. in fllock 25, according to the Map of ~nshing- ton Reights Subdivision: Lot Nunber 4 5 6 and 7 0 9 l0 and ll Official Tax Humber 2761604 2761805 2761806 2761007 2761808 2761809 rezoned from Special Residence District to Business District; and RB£REAS, the City Planning Commlsslon bas recommended that the hereinafte~ described land be rezoned from Special Residence District to Business District; and RDEREAS, 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 Morld-Ne#s#. a newspaper published in the City Of Roanoke, for the time re- quired by said section; and MIIEREAS. the hearing as provided for in said notice was held on the 22nd day of August. 1960. at 2:00 o'clock, p,m,, before the Council of the City of Roanoke. at which hearing ali parties in interest and citizens were given an oppor- tunity to be heard both for and against the proposed rezoning; and ~IIEREA5, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title X¥, Chapter 4, Section 1, of 7he 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 and South side of Melrose Avenue. N, between Monroe and Van Buren Streets, described as being Lots 12 through 22, inclusive, in Block 2'1, and Lots 4 through 11, inclusive, in Block 25. according to the Map of Washington Heights Subdivision, ddsignated on Sheet 276 of the Zoning Map as Of- flcial Tax Nos. 2?61312, 2761313, 2761314, 2761315, 2761316, 2761317, 2761310, 2761319. 2761320, 2761322. 2761004. 2761805. 2761806, 2761007. 2761808 and 2761809. be. and'is hereby, changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect, on its first reading. The motion was sec- Dr. Cornell the Ordinance onded by Mr. Webber and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, ~ebber, Young,~ and the President, Mr, Mheeler .............. 7. Hr. T. L, Plunkett, Jr., Attorney for the petitioner, appeared and request !led that Council grant the petition of his client, Dr, Cornell moved to COnCUr in the recommendation of the City Planning Commission and offered the following Ordinance: (~14131) AN ORDINANCE enacted pursuant to the provisions of Section 15-766,1 of the Code of Virginia (lq50), as amended to date, providing for the ap- proval by the Council of the City of Roanoke, Virginia, of an instrument vacating, discontinuing and closing a portion of a twenty=foot width alley in the rear of Lots 27 and 28, Block 7, Virginia Ileights, extending westward from Oxford Avenue, $. W** and dedicating a new twenty-foot width alley along the northwest line of Lot II-B, Block ?, Section 1, of Virginia Heights, WH£REAS. application has been made to the Council of the City of Roanoke to have approved a certain instrument dated June 2], lg60, executed by Potomac Conference Corporation of Seventh-Day Adventists, et al** vacating, discontinuing and closing a portion of a twenty-foot width alley in the rear Of Lots 27 and 2~. Hlock ?, Virginia Heights, extending westward from Oxford Avenue, S, N** and dedi- cating a new twenty-foot width alley along the northwest line of Lot Il-D, Hloch 7, Section 1, of Virginia Heights; and WHEREAS, the City Planning Commission has considered the application and lha$ recommended that Council approve the vacating, discontinuing and closing of said ortion of a twenty-foot width alley in the rear of Lots 27 and 2~, Block ?, Virginl~ Heights. extending westward from Oxford Avenue, S. W., and the acceptance Of the dedication as aforesaid; and WHEREAS. this Council caused proper legal notice of a public hearing on the proposal to he published calling for a hearing on August 22, 1~60, at 2:00 o'clock, p.m** in the Council Ehamher, at which hearing interested parties were gJve~ an opportunity to be heard; and WH£R£AS, this Council, after considering the evidence submitted, is Of the opinion that vacating said ~ortion of a twentyofoot width alley in the rear of Lots 27 and 28, Block ?, Virginia Heights, extendin9 westward from Oxford Avenue, S. W., and the acceptance of thededication as aforesaid, in the manner requested, will not abridge Or destroy any of the rights and privileges of other property owners within the bounds of the area of land shown on the Map of Virginia Heights, and is further of the opinion that said request should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain instrument executed by Potomac Conference Corporation Of Seventhonay Adventists, et al** under date of June 24, 1960, vacating, discontinuing end closing said portiqn of a twenty-foot width alley in the rear of Lots 27 and Virginia Heights, extendingmestmard from Oxford Avenue, S, No, and dedicating a nam theory-foot width alleyaloag the northwest line of Lot Il-B. Block 7, Section 1. of Virginia Heights, be, and the same is hereby, approved by this Council as provided by Section 15-76b.1 of the Code of Virginia (19§0), as aeended to date, reserving, however, unto the City of Roan.he a perpetual public easement in said vacated portio~ of said alia for an e i t'n y y x s t g public saner lines, storm drains or mater mains, if 'Ii any there be. and the right of ingress and egress over said land for the maintenancetl operation, repair, renewal or replacement of the same. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that a tutti-Il fled copy of this Ordinance, together with a certified copy of the petition filed heremith, 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 that the City Engineer of Roan*he, Virginia, make appropriate notations of the vacation herein approved and of the dedication of said new alley on the Official Map of the City Of Roanoke; and that the aforesaid vacation instrument dated June 24, lgbO, be recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia; and that, in view of the fact that said instrument dedicates a new alley, the Mayor and the Clerk of the City of Roanoke be, and each are hereby, authorized and directed to sign and execute said instrument for and on behalf of the City of Roanoke, Virginia. for the purpose of showing its acceptance of the saidI' dedication. Dr. Cornell moved the Ordinance on its first reading. The motion mas sec-! onded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson. Cornell, Dillard, Pickett, Webber, Young,! and the President, Mr. Wheeler ................. 7. NAYS: None ..........................O, PETITIONS AND CORBUNICATIONS: STREET LIOHTS: The City Clerk presented a communication from the Ap- palachian Power Company, reporting the removal of three 1000 lumen street lights in the City of Roanoke during the month of July, 1960o Mrs. Pickett moved to file the communication. The motion was seconded by Mr. Young and adopted. ZONING: The City Clerk presented a communication from Thomas, requesting that his property located at the northeast corner of Staunton Avenue and Lafayette Uoulevard, N. No, desigoated as Lot 90 Block 3, Villa Heights, Official Tax No. 2431409, be rezoned from General Residence District to Business District. 491 Mr. Young moved to refer the request to the City Planning Commission for study end recommendation, The motion mas seconded by Mr. Anderson and adopted, SOUTHEAST CIVIC LEAGUE-SEWERS AND STORM DRAINS: The City Clerk presented a communication from the Southeast Civic League, complaining oF offensive odors emanating from the Sewage Treatment Plant in Southeast and requesting that Council give the matter imoediate attention with a view of alleviating the situation. Mr. Anderson moved to refer the matter to the City Manager For study and recommendatione The motion Was seconded by Dr. Cornell and adopted. SIDEWALKS, CURD AND GUTTER: The City Clerk presented a communication from Mrs. Marshall Spt*use, 2527 Laburnum Avenue, S. W., requesting that shrubbery be removed from the sidewalh area on the eost side of Carlton Road, S. M** between Avenel Avenue and Laburnum Avenue. Mr. Webber moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Young and adopted. BUDGEToELECTIONS: The City Clerk presented a communication from the Roanoke Electoral Board, advising that tables and chairs now being used during elections at the election precincts are in bad condition and requesting that Council appropriate $3,727.35 to acquire new furniture for this use, the Board suggesting Itbat the could be in the form of transfer from the appropriation propriation for Judges and Clerk s, since that account contains excess fund s suf- ficient for such transfer, and that when the equipment is purchased, it be plainly marked "Roanoke City Electoral Doard Equipment' and he used exclusively for election purposes, so that there will be no misplaced or damaged equipment as has been the case in the past, the Doard stating that the Registrar's Office does not have suf- ficient space for the conduct of its business and additional space should be pr*vid- Mr. Dillard mo~ed to refer the request to the City Manager for study and PENSIONS-CITY SERGEA~: Zhe City Clerk presented a communication from Mr. Kermit £. Allman, City Sergeant, requesting that the City Code be amended jn such a the Police Department to the City Sergeant*s Office, it will be necessary for him Dr. Cornell moved to request the City Attorney to furnish Council an op- inion advising whether or not it may legally comply with the request of the City Sergeant. The motion was seconded by Mr. Dillard and adopted. WILDWOOD CIVIC LEAGUE-PARKS AND PLAYGROUNDS: The City Clerk pre sooted a in Thrasher Park be graded and grassed so that it will be usable for the current football season, and, in addition, that the parking area be established and fenced it*fi from the playing area, the League pointing out that the sewer through the proper! Ihas been constructed; consequently, no further delay is necessary in preparing the Iplay area in the park. '492 Hr, Young moved to refer the request to the City Manager for o survey, cost estimate, end report, The motion wes seconded by Mr, Dillard ccd adopted, STATE CORPORATION COMMISSION: The City Clerk presented · communication from the City Auditor, trnnsmltting.a statement of assessed values of Public Service Corporation's property ns prepared by the State Corporation Commission on such prop- erty within the City of Roanoke, showing n total assessed valuation of $21,642,649,0), with levies in the amount of $601,665,61, advising that the levies are $12,360,05 in excess of the amount estimated from this source in the 1960 budget, Mr, Dillard moved to file the report, The notion mas seconded by Mr, Anderson and adopted. REPORTS OF OFFICERS: APPOINTMENYS AND RESIGNATIONS: The City Manager reported that Mr. Gilbert A. Wright. a member of the Fire Department. has resigned effective August 22. 19hO. Mr. Anderson moved to file the report. The motion was seconded by Mr. Young and adopted. BUDGET-CITY JAIL: The City Manager requested an appropriation of $1.500.00 for Radical Expense in the Jail account of the 1960 budget, advising that a portion of this expense Mould he reimbursed by the state. Mr. Young moved to concur in the request of the City Manager and offered the foil,ming emergency Ordinance: (=14132) AN ORDINANCE to amend and reordain Section =30. *Jail.# of the 1960 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. page 196.) 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. BUDGET-CITY CLERK: The City Manager submitted a request of the City CleF1 for an appropriation of $123.00 for the purchase of one 4-drawer steel filing cab- inet, advising that the requested filing equipment is necessary for the preservatio~ of records in his office, the City Manager recommending that Council make the sary appropriation. Dr. Cornell moved to concur in the recommendation and offered the follow- lng emergency Ordinance~ (#14133) AN ORDINANCE to amend and reordatn Section ~144, *Departmental Equipment and Improvements** of the 1960 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 2d. page Dr. Cornell moved the adoption of the Ordinance. The motion mas seconded by Mr. Anderson and adopted by the foil,Ming vote: AYES: Council members Anderson. Cornell. Dillard. Pickett. Webber. Young. and the President. Mr. Wheeler ................ NAYS: None .........................O, (For full text of Ordinance, see Ordinance Book No, 24, page 197o) Mr. Anderson moved the adoption of the Ordinance, The motion was seconded by DF. Cornell and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett, Webber, Young, and the President. Mr. #heeler ................ ?, NAYS: None ......................... O. TAXES-SEh~RS AND STORM DRAINS: The City Manager reported that Mr, Il, R, Brugh, et al,, hare Offered to convey to the city Lot 1, Dlock 31, East Gate Addittot if the city sill release real estate taxes and a sewer assessment con~tuting liens against the property in the amount of $131,35, the City Manager recommending that Council accept the offer, Mrs, Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~14135) AN ORDINANCE authorizing and directing the acquisition of Lot 1, Section 31, according to the Map Of East Gate Addition to the City of Roanoke upon certain terms and provisions; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 24, page 197,) Mrs, Pickett moved the adoption of the Ordioance, Yhe notion was seconded hy Mr, Anderson and adopted by the following vote: AYES: Council members Anderson, Cornell, Dillard, Pickett. Webber, Young, and the President, Mr, Mheeler ................. ?. NAYS: None .......................... O. SCHOOLS-pARKS AND PLAYGROUNDS=CITY HOME: The City Manager submitted a tabulation of bids received for grading of the site for the Roanoke Technical In- stitute on Colonial Avenue, S, ~,, showing the bid of McAltster Construction Company in the amount of $27,g00,00, as low, and recommended acceptance of the said bid, advising that the city is committed to the grading of this property which it has formerly transferred to Virginia Polytecbnlc Institute, Mr, Young stated that in his opinion the amount of grading contemplated is excessive and should be looked into, with a view of reducing the number of cubic yards of dirt to be moved, and moved to refer the matter to a committee to be appointed by the Mayor for study and recommendation, Yhe motion was seconded by Dr, Cornell and adopted, Yhe Mayor then appointed the following committee: Messrs. Walter L, Young. Chairman, Arthur S, Owens, and D, Cletus Broyles, -.494 AIRPORT: The City Manager submitted a tabulation or bids recleved for re- modeling of Hangar Wo. I at the Roan*he Wunicipal Airport, being a portion of Federal Project No. 9-44-012-10, showing the bid of H. A. Looms and Sons, Incor- porated, in the amount of $41,648.00, as Iow, and recommending that Council Ruth*rim the acceptance of the bid and awarding of the contract, subject to approval of the Federal Aviation Administration. Mr. Young moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~14136) AN ORDINANCE .... ptin9 the proposal of 8. A. Lucas ~ S .... I .... for remodeling of Hangar No. I (Nose-In-Hangar) at the Roanoke Municipal (Mo*drum) Airport for FAA Facilities Division, subject to the approval of the Federal Aviationll Agency; authorizing the City Manager to execute the requisite contract; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 198.) Mr. Young moved the adoption of the Ordinance. The motion was seconded Mr. Anderson and adopted by the following vote: AY£S: Council members Anderson, Cornell. Dillard, Pickett. Webber, Young. and the President, Mr. hheeler ............... NAYS: None ........................O. The City Manager advised it will be necessary to appropriate funds for the contract, plus $$,000.00 additional, for engineering tests required in connection with the project. Mr. Anderson offered the loll.win9 emergency Ordinance appropriating the necessary funds: (=14137) AN ORD1NANC£ to amend and reordain Section ~142, 'Transfer to Improvement Fund," of the 1960 Appropriation Ordinance. and providing for an emer- gency. (For full text of Ordinance. see Ordinance Book No. 24. page 199.) 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. SALARY AND WAGE PLAN: The City Manager submitted his annual report on the adequacy and status of the City*s Salary and Wage Plan contained in Ordinance 13268, in which he made the following recommendations: 1. That Council abolish those parts of Ordinance No. 182§8, which require that an employee must have specified service in the 'same or similar classification' before being eli- gible for increases into the management control 9romp. 2. That Council either amend Ordinance No. 13288 or pass a blanket ordinance each year. permitting the employees to advance into the management control rates upon approval of the Manager as they become eligible instead of the pre- sent system of passing an ordinance listing by name those eligible as of January 1st Of the year in question. 3o That the Wage and Classification Plan be amended to pro- vide for increases into the management control rates at 4, 6, fl and 10 years, instead of the present 7, IO, 12, and 15 years. 4. That Council au*nd the Rage and Classification Ordinance by providing step gradations to the top scale in a manner the same as exists for other city employees for those de- partment heads appointed by the City Manager, fi.That Council ut budget tine Consider changing the rate scales to reflect a cost of living increase, 6, That Council authorize the hiring of Public Administration Service or some other consultant to make a complete reviem of the Mag* and Classification Plan. Mr. Dillard moved to refer the report to a committee composed of Heists, Roy L, Rabbet, Chairman. Millis #. Anderson, Walter L, Young, J, P. Gruickshank, E. M. Rushton. Arthur S. Own*ns, and J, Robert ThoMas for study and recommendation. The motion was seconded by Dr. Cornell and adopted, D£PAR~#~N~ OF PUBLIC MORRS: The City Manager reported that, subsequent to rejection of bids for a motor grader by Council on March 14, 1960, one of the city's two motor graders has become inoperable, and it is estimated repairs will cos in excess Of $6,000.00, and requested that Council authorize purchase of a new grader at this time, stating that there is an appropriation of $19,q00.00 in the budget for this purpose. After some discussion of the matter. Mr. Anderson moved to table the re- quest until the next regular meeting of Council in order that the City Manager might have the Director of Poblic Morks present to explain the need for the equipment re- quested. The motion was seconded by Mr. Young and adopted. STATE H1GItMAYS: The City Manager reported that negotiators have failed to reach agreement for the purchase of eight parcels of land needed for ntdening of State Route 117. along Peters Creek Road, between Melrose Avenue and Hershberger Road, and requested that Council adopt an Ordinance authorizing bona fide offers for the property, based upon appraisals Of the land needed totaling $70,173.00. Mr. Anderson moved to concur in the request Of the City Manager and offere~ the following emergency Ordinance: (~1413~) AN ORDINANCE authorizing the acquisition of certain real estate and rights in real estate necessary for the construction and improvement of a poFtlO{ of State Route 117 (Peters Creek Road), Project 0117-120-070; providing for payment of the purchase prices thereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 200.) 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, Corn*Il, Dillard, Pickett, Young, and the President, Mr. Nheeler ..................... NAYS: Council member #ebber .....1. Mr. Anderson then offered the following emergency Ordinance appropriating the necessary funds for the purchase of the land in question: (=14139) AN ORDINANCE to amend and reordain Section ~140. "Street Con- struction," of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 202.) 49," 496 Nv. Anderson moved the adoption of the Ordinance, The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Anderson, Cornello Dillard. Pickett. Young, and the President, Mr. Wheeler ...................... 6. NAYS: Council member Webber ......1, COAL ANO FUEL OIL: The City Manager submitted a tabulation of bids receive for purchase of the city's coal requirements for the 1960-61 heating season and recommended acceptance of the IBm bid submitted by Blair Pltzer Cool Bad Fuel 011 Company. Incorporated. Dr. Cornell moved to concur in the recommendation of the City Manager and offered the following Resolution: (n14140} A RESOLUTION accepting the proposal of Blair Pitzer Coal and Fuelli ~il Company. Inc.. for supplying the City*s cool requirements for the 1960-61 season and rejecting all other bids. (For full text of Resolution. see Resolution Book No, 24, page 202.) Dr. Cornell 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, i!and the President, Mr. Nheeler ................... NAYS: None ............................O. R£PORTS: The City Manager submitted a report of the Department of Public Welfare for the month of June, 1960, and reported other departmental reports on file in his office. Mrs. Pickett moved to file the report. Yhe motion was seconded by Mr. Dillard and adopted. REPORTS OF COMMITTEES: PURCIIASE OF PROPERTY-CITY HOWE-PARKS AND PLAYCROUNDS: Council at its meet- ;xng of December 7, 1959, having referred to a committee composed of Mrs, Mary ?ickett. Chairman, Mr. Willis M. Anderson and Mr. Roy Lo Webber a request of the Roanoke Council of Garden Clubs that the city either sell or lease to it a tract 'of land upon which it proposes to erect a Garden Center, the committee submitted flits report, advising that it has studied all city-owned property which would be !~vailable for such a purpose and recommending that Council lease to the Roanoke :ouncil of Garden Clubs a .Od-acre tract of land lying on the northeast corner of South Jefferson Street and Yellow Mountain Road, S, E,, being a portion of the Mater Department's Crystal Spring tract, fronting 100 feet on Jefferson Street and ~xtending 256 feet along Yellow Wountain Road. under the followin9 conditions: 1. The lease to be for a period of 20 years at a nominal rental of $10.00 per year, renewable for lO-year periods, the land and building to revert to the city in the event it is not used for the purpose for which the lease is granted. The plans for the building and its location upon the property to be subject to approval Of the city*s Director of Planning. That, since this will require construction of a new access road to the property, such road be Constructed jointly by the city and the Council of Garden Clubs. each bearing Of the cost thereof. The President of the Roanoke Council of Garden Clubs, and several members thereof, appeared before Council and endorsed the report or the committee, During a discussion of the matter, the question being raised ns to whether the erection of the building on the Crystal Spring tract would damage the water flom of Crystal Spring. Mr. Young moved to direct the City Manager to consult with Dr. Byron N, Cooper, of V, P~ Io, and obtain from him a written opinion as to mhat effect the proposed building construction might have on Crystal Spring. such report to be submitted to Council, The motion mas seconded by Mr, Dillard and adopted. Mrs. Pickett moved to refer the recommendation of the committee to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Young and adopted. S£k~RS AND STROM DRAINS: Council at its meeting of July 11. 1960. having referred to a committee composed of Messrs. Roy L. Mebber, Chairman, Walter L, Young Arthur S. Omens and Randolph G. Whittle for study and recommendation a request of the Town of Salem that the contract of October 16. 1953. between the Tomn of Salem and the City of Roanoke. dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 14.73-acre tract of land. designated as Section 2 and the northern portions of Lots 7 and ~. Block 2. of Section 1. Middle= ton Gardens. lying in Roanoke County immediately north of the Town of Salem. the committee submitted its report, recommending that the request Of the Town be granted~ Mr. Webber moved to concur in the report of the committee and offered the following Resolution: (=14141) A RESOLUTION amending the contract of October 16. 1953. between the City of Roanoke and the Tomn of Salem. dealing with the treatment of domestic and commercial wastes. (For full text of Resolution. see Resolution Book No. 24. page 203.) 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. Cornell. Pickett. Webber. Young. and the President, Mr. Wheeler ...................... 6. NAYS: Council member Dillard ..... 1. UNFINISHED BUSINESS: STREETS AND ALLEYS: Council at its meeting of March 10. 195~. having re- ferred to the City Planning Commission for study and recommendation an application of Self Service Stations. Incorporated. requesting that a portion of Sanford Avenue. S. W.. and an alley lying between Sanford Avenue and Colonial Avenue. southmest of flrandon Avenue. be vacated, discontinued and closed, the Commission submitted its report, advising that it has considered the request, along with a request of the property owners in that vicinity for fez,ming of their properties, and has come to the conclusion that there does not exist at this time a necessity for closing the street since no change in the proposed zoning districts is being considered favor- ably. the City Planning Commission therefore recommending denial of the request for closing of the street and alley. 497 498 The City Clerh advised that Hr. Richard T. £doards. Attorney for the peti. tioner, has mithdraon the request rot cloning or the street and alley at this time. and has requested that it he strichen from Conncil*s agenda. Mr. Anderson moved to concur in the request. The motion mas seconded by Dr. Corn,Il and adopted. ZONING: Council at its ueetlng of July 25. lgGO. having referred to the City Planning Commission for study and recommendation n request of Self Service Stations. Incorporated. and John L. and Lois L. Cantrell that their properties located on Brandon Avenue. S. W.. at Colonial Avenue. designated as Lots 9. 10. 19 and 20. Block 4. Colonial Heights. and Lots 9. 10. 17. IV and Id. Hloch 9. Colonial Beights. be rezoned from General Residence District to Human,ss District. the City Planning Commission submitted its report, advising that in its opinion, rezoning of the hazardous traffic conditinns On 8random Avenue. and would he detrimental to the future orderly development of that area. consequently, the property should not be rezoned at this time. the City Planning Commission therefore recommending that the request be denied. The City Clerk advised Council that Mr. Richard T. Edwards, Attorney for the petitioner, has requested a public hearing in the matter. Rt. Webber moved to set a public hearing in the matter for 2:00 o'clock. p.m..September 19. 1960. in the Council Chamber. and to direct the attorney for the petitioner to prepare the proper notice thereof, have it approved by the City Attorney. and present Jt to the City Clerk for publication. The motion was sec- onded by Dr. Corn,Il and adopted. ZONING: Council at its meeting of April 16. 1960. having referred to the City Planning Commission for study and recommendation a request of Mr. W, L, Draper that his property designated as Lots 6-12, inclusive, Block 11, Linwood Land Con- puny. located on the southeast corner of Pocahontas Avenue and Seventh Street. N. E.]~ be rezoned from General Residence District to Heavy Industrial District. the City Pllnnin9 Commission submitted its report, advising that. in its opinion, it is desirable to rezone the property in question at this time since many of the resi- dents oppose the request, the Commission advising that. in its opinion, the zoning studies presently under,ay may prove the necessity for rezoning a larger area at this location, the City Planning Commission therefore recommending the denial of the request presently before Council. The City Clerk advised Council that Mr. John D. Copenha~ Attorney for the petitioner, has requested that the matter be tabled until he can determine whether or not his client desires a public hearing in the matter. Hr. Anderson moved to concur in the request of the attorney. The motion was seconded by Gr. Cornell and adopted. ZONING: Council at its meeting of June 13. lgGO. having referred to the City Planning Commission for study and recommendation a request of George H. and Waude R. Turner that their property located on the southeast corner of Shenandoah Avenue end Beech Street, be rezoned fram General Residence District to Business District, mhlcb request mum subsequently amended to include the remainder of lots In the block, nil of mhich ere designated as Lots 1-19. inclusive, the City Planning Commission submitted its report, advising that, in its opinion, there exists a need for business property facing on Shenandoah Avenue. but that properties in the block facing on Barberry Avenue should rennin residential, the City Planning Com- mission therefore recommending that Council rezone Lots 11-19. inclusive, Block 3, Mestwood Annex. facing on Shenandoah Avenue. to Business District, Mr, Young moved to set a public hearing on the question of rezonlog the properties recommended by the City Planning Commission for 2:00 o'clock. September lg, 1960, In the Council Chamber, and to direct the attorney for the petitioner to prepare the proper notice thereof, have it approved by the City At- torney, and present it to the City Clerk for publication. The motion mas seconded by Dr. Cornell and adopted. ZONING: Council at its meeting Of May 23, 1960, having referred to the City Planning Commission for study and recommendation a request of Mr. Robert E. Mundy that his land located on Colonial Avenue. S. M,. designated as Official Tax No. 12U0303. be rezoned from Oeneral Residence District to Special Residence Distric the City Planning Commission submitted its report, advising that.,in its opinion. the proposed use Of the land inquestion is compatible with the surrounding resi- dential development and constitutes an appropriate transitional area from residen- tial areas on the south to commercial developments on the north and west. the City Planning Commission recommending that Council grant the requested rezoning. Mr. Webber moved to set a public hearing in the matter for 2:00 o'clock, p.m** September 19, 1960, in the Council Chamber. and to direct the attorney for the petitioner to prepare the proper notice of said hearing, have it approved by the ICity present to the City Clerk for publication. The motion was Attorney, and it seconded,by Mr. Young and adopted. ZONING: Council at its meeting of June 13. 1960, having referrdd to the City Planning Commission for study and recommendation a request of ir, G. £. Cecil, et ux., that their property designated as Lots 11 and 12, Block 52, Melrose Land Company, located on Melrose Avenue, N, M., between Sixteenth Street and Seventeenth Street, be rezoned from Special Residence District to Business District, the City Planning Commission submitted its report, advising that, in its opinion, there is need for neighborhood shopping facilities serving the surrounding residential area, the City Planning Commission recommending that the request be granted, and. in addi- tion, the remaining residential lots in the block be rezoned as follows: Lots 4, 5 and 6 from General Residence District to Business District, and Lots 13 and 14 from Special Residence District to Business District. Rt. Dillard moved to set a public hearing in the rezonlng as recommended by the City Planning Commission for 2:00 o'clock, p.m** September 19, 1960, in the Council Chamber, and to direct the attorney for the petitioners to prepare the pro- per notice of said hearing, have it approved by the City Attorney. and present it '499 CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: INDUSTRIES-PARKS AND PLAYGROUNDS: Council at its meeting of November 23. 1959, boring directed the City Attorney, et the proper time, to prepare an Ordi- nance and allied papers accepting from the Norfolk end Western Railway Company certain land and easements offered to be donated to the citye Hr. Anderson offered the following Ordinance: (~14142) AN O~DINANCE approving the action of the City Attorney in ac- cepting a deed of conveyance from the Norfolk and Western Railway Company and ex- pressing ibis Council's appreciation for the donation of said real estate to the City. RUEREAS, this Conncil. at its meeting Of November 23, 1959, received a com- munication from the Norfolk and Western Railmay Company advising that said company, follomin9 the passage of an ordinance permitting it to relocate and widen the channel of Roanoke River at certain locations adjacent to Wasena Park and after the merging of the Virginian Railway Company into the Norfolk and Western Railway Company, the said company would donate and convey unto the City a 9.2-acre trnct of land east of and across Roanoke River from Nasena Park; and WHEREAS, agreeable to the promises made in the aforesaid communication, said Railway Company, on the 20th day of July, 1960. delivered unto the City At- torney a properly executed deed. previously approved as to form by said attorney, donating and conveying unto the City the aforesaid 9.2 acres of land by metes and bounds; and WHEREAS, the City Attorney did promptly cause said deed to be admitted to record. TI~REFORE, HE IT ORDAINED by the Council of the City of Roaooke that the action of the City Attorney in causing the above-mentioned deed to be admitted to record in the Clerk's Office of the Hustings Court for the City of Roanoke. in Deed Book 1079, at page 232, be, and said action is hereby.approved. BE IT FURTHER ORDAINED that this Council doth hereby express its apprecia-Ii tion and the appreciation of the citizens of the City of Roanoke unto the Norfolk and Western Railway Company for its generosity in donating and conveying the afore- said real estate unto the City of Roanoke. Mr. Anderson;moved the Ordinance on its first reading. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Council members Anderson. Cornell. Dillard, Pickett. Webber. and the President, Mr. Wheeler .............. 6. NAYS: None ...................O. (Mr. Young not voting) MOTIONS AND MISCELLANEOUS BUSIh~SS: SIDEWALK, CURB AND GUTTER: Mr. Robert To Carter, 202 Maplelawn Avenue, N. W.. appeared before Conncil and complained that contractors for the Brentwood Subdivision, in which his property is located, subsequent to the construction of his home and grading of his lot, cnt down the sidewalk area in front Of bis property,i to the proper grade, thus leaving a bank in front of his property. Mr. Carter advising that the contractors sloped~the bank on his property slightly, but it is still not satisfactory, and requesting that Council look into the matter. 501 Mr, Dillard loved to refer the matter to the City Manager for study and recommendation. The lotion mas seconded by Hr. Cornell nnd adopted. SCHOOLS-HHSES-SIDEMALK. CURO AND GUTTER: Dr. Cornell stated that parents of children of school age uho live in the Colonial Heights area are considerably concerned over the lack of ualkways and transportation for their children lbo will attend the neu elelentary school in Flshburn Park this fall, and are desirous of having bus transportation for their children at that time. Mr, Dillard loved to refer the latter to the City Manager for study and recommendation. The motion Mas seconded by DF. Cornell and adopted. LIBRARIES: The question of appointing a member of the Roanoke Public Library Board, having been laid over from the last regular meeting, the Mayor called for nominations to fill the vacancy on the said Hoard for a period of three years ending June 30, 1963. Mr. Mebber placed in nomination the name of MFo Hubert $. Leonord. Mr. Young moved to close the nominations. The motion Mas seconded by Mr. Anderson and adopted. Mr. Hubert $. Leonard mas then elected a member of the Roanoke PubLic Library Board for a term of three years endin9 J~ne 30, 1963, by the following vote: FOR MR. LEONARD: Council nembers Anderson, Cornell, Dillard, Pickett, Nebber, Young, and the President. Mr. Mheeler ........ T. COUNCIL: Mayor ~heeler, on behalf of the members of Council. presented to Mrs. Pickett a silver tray on mhich was engraved appreciation of her services as member of Council which llll end August 31, There being no further business, Council adjourned. APPROVED rk President COUNCIL, ORGANIZATION MEETING, Thursday. September 1, 1960, The Council of the City of Roanoke met in the Council Chamber in the Municipal Building, Thursday, September 1, 1960, at 3:00 6*clock, p. m., for organization, pursuant to Section 10 of the City Charter. PRESENT: Messrs. Anderson, Cornell, Dillard, Pollard, Mebbero Mheeler, and Young ....................... 7. ABSENT: None .....O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager. Mr. J. N. Klacanon, Assistant City Attorney. Mr. Harry R. Yarns. City Auditor. and Mr. J. Robert Thomas.'li City Clerk. The City Clerk advised that this Charter required meeting of Council is generally referred to as its Organization Meeting and Council may elect a President.*: a Vice President and such other city officials as the body is required under the Charter to elect daring the month of September, 1960, (}UALIFICATION OF MEMBERS: The City Clerk reported that certificates of qualification of the members of Council beginning new terms; viz.. Messrs. Benton O. Dillard, Roy R. Pollard, Sr., Vincent $. tiheeler, and Malter L. Young, have been filed with the Clerk of the Courts and the City Clerk and that they have taken the oaths of office prescribed by law. Mr. Young moved to file the certificates of qualification. The motion was seconded by Mr. Webber and adopted. Mr. Dillard moved that Mr. Vincent S. Wheeler be appointed Chairman of the meeting. The notion was seconded by Dr. Cornell and adopted. ELECTION OF PRESIDENT: The Chairman stated that the first order Of business is the election of a President of Council and ex officio Mayor for a tern of t~o years being September 1, 1960, and ending August 31. 1962; whereupon, Mr. Webber planed in nomination the name of Mr. Hillis M. Anderson and Mr. Pollard placed ia nomination the name of Mr. Benton O. Dillard. Mr. Mebber moved to close the nominations. The motion was seconded by Mr. Young and adopted. Mr, Mlllis M, Anderson was elected President of Council and ex officio Mayor for a term of two years beginning September 1, 1960, and ending August 31, 1962, by the following vote: FOR MR. ANDERSON: Messrs. Anderson, Webber, Wheeler, and Young ......... 4. FOR MR. DILLARD: Messrs. Cornell. Dillard. and Pollard ................. 3.I ELECTION OF VICE PRESIDENT: The Chairman stated that the next order of is the election of a Vice President of Council; whereupon, Mr. Young placed] business in nomination the name of Mr. Vincent S. Wheeler as Vice President of Council for a term of two years beginning September 1, 1960, and ending August 31, 1962. There being no fur%her nomiuu~ions, %he Chuir declnred Lhe uomJmu~lou$ closed; ~hereupon. Mr. Vincen~ S. Wheeler uss elected Vice ~residen~ or Council for · ~erm cf tuo yeurs beginning September l, 1960. und ending Augus~ 31. 1962. by ~he foliouing vo~e: FOR MR. #HEKLER: Messrs. Anderson. Webber, Nheeler, und Young ........... NOT YOKING: Nessrs. Cornell. Dillard, and Pollurd ...................... 3. There being no further business. Council adjourned. APPROVED /Fresldent COUNCIL. REGULAR MEETING, Tuesday, September 6, 1960. The Council of the City of Rounoke met in regular meeting ia the Council Chamber in the Hunicipal Ruildlag, Tuesday, September 6, 1960. ut 2:00 **cloth, p. m., the regular meeting hour, with the President, Mr. Anderson, presiding. PRESENT: Messrs. Corn*Il, Dillard. Pollard, Yebber, Mheeler, Young. and the President, Hr, Anderson ........ 7. ABSENT: None ................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. James N. Klucanon, Assistant City Attorney, Mr. Barry R. Yatea, City Auditor. and Mr. J. Robert Thomas, City Clerk. XNVOCATXON: The meeting was opened with a prayer by the Reverend Lewis F. Ovenshire, Executive Director, Goodwill Industries. MINUTES: Copies of the minutes of the regular meetings held on August 22. 1960, and September 1, 1960, having been furnished each member of Council. upon motion of Mr. Wheeler. seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: BUILDING DEPARTMENT-PLUMBXNO DEPARTMENT: A public hearing having been set for 2:00 o'clock, p. m.. Tuesday, September 6, 1960, on the question of amend- ing Subsections 102.1 and ?02.4 of the Building Code contained in Chapter 1. Title XV. of The Code Of the City Of Roanoke. 1956, and Sections 43, ?6, and 124 Of the Plumbing Code contained in Chapter III, Title XV, of The Code of the City of Roanoke. 1956, the hearing was held at which no one appeared in opposition. Mr. Lewis G. Leftwich, Duilding Commissioner, appeared at the hearing and explained that the amendments to the Plumbing Code are to bring the minimum standards contained in Sections 43 and 76 to those prescribed in the State Plumbing Code, to provide for use of new materials recently developed and approved by the American Society of Testing Materials, and to eliminate the use of cast iron pipe in floor connections, covered in Section 124. in order to prevent leaks in newly constructed plumbing caused by splitting of the pipe in installation; that the amendment to Subsection 102.1 of the Building Code is to provide for placing of bonds by contractors to protect the ouner from inferior work by itinerant con- tractorsl and that the amendment to Subsection ?02.4 of the Building Code is to eliminate the requirement in the present Code for fire resistant construction in buildings of the colosseum type which conforms to general practice throughout the Mr. Elbert D. Maldron. representing Roanoke Valley Dome Builders Associa- tion, appeared before Council and advised that his association supports the changes in the Building Code as recommended. Mr. Webber offered the following Ordinance: (m14143) AN ORDINANCE unending Dud reordnlning subsection'lO2.1 of SECTION 102, PERMITS, of The Official Building Code of the.City of Roanoke, 1956, relating to applications for and issuance or building permits. BE IT OROIANED by the Council of the City of Ronoohe that subsection IO2,1 of SECTION 102. PERMITS, of The Official Building Code of ibm City of Rounohe. 1956, be and uuJd subsection is hereby amended and reordnined so ns to read and provide ns folloms: 102.1. PernUts required; licensing; registration; bond. (a) It shall be unlawful for any person to construct, alter, remove or demolish, or to cause or commence the construction, alteration, removal or demolition of a building or structure or to install equipment for the operation of a building or structure without there having first been filed with the Commis- sioner of Buildings an application therefor in writing and without there having been issued therefor a formal permit by said Commissioner. (b) Every person who shall agree by contract with another to erect, construct, alter, repair or demolish ~ny building or structure in the City for which work a permit is required by this Code, end every person makln9 such contrac and subletting the same or nny part thereof shall acquire from tho Commissioner of the Revenve of the City such business license as is required by Chapter D, Title Yl. of The Code of the City of Roanoke. 19§6. and shall register his name Iff a hook prorided for that purpose la the Office of the Commissioner of Dulldlflgs. giving full name, residence and place of business and. in of removal from one place to another in the City, or elsewhere, shall have made corresponding changes in said register, accordingly; and it shall be the further duty of every such person unless said person is a State Registered contractor, to file with said Building Commissioner a good and sufficient bond payable to said City in the sum of $1,000.00, with corporate surety, conditioned upon said person*s compliance with the provisions of this Code and with other ordinances of the City with reference to buildings, said bond to provide therein a direct right of action thereon to any person damaged by a breach thereof. Mr. Mebber moved the Ordinance on its first reading. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, Wheeler, Young, and the President. Mr. Anderson .......... 7. NAYS: None .................... O. Mr. Wheeler then offered the following Ordinance: (~14144} AN ORDINANCE amending and reordalning subsection T02.4 of SECTIOn 702, FIRE'RESISTIVE CONSTRUCTION - TYPE A, of The Official Building Code of the City of Roanoke. 195h, relating to fire-resistive qualities of roofs. BE IT ORDAINED by the Council of the City of Roanoke that subsection ?02.4 of SECTION ?02, FIRE-RESISTIVE CONSTRUCTION - TYPE A, of The Official Building Code of the City of Roanoke, 1956, be, and said subsection is hereby amended and reordained so as to read and pffovide as follows: ?02.4. Roofs. ROOFS ah·Il hove n fire resistance rating of not less than two (2)-hours; provided, houever, that fireproofing of structural steel not including columns, may be omitted in buildings used for assembly occupancy if e clearnnce of not less than tmenty {20} feet belon the bottom chord of the trusses or supporting beams is maintained, the twenty (20) feet clearance to be measured opw·rd from the highest floor level where seatin9 is provided. Mr. Mheeler moved the Ordinance on its first reading. The motion nas seconded by #r. Young and adopted by the follomlng vote: AYES: Ressrs. Cornell, Dillard. Pollard, Mebber, Nheeler, Young. and the PresidenL. Mr, Anderson .......... 7. NAYS: None .................... O. gr. Young then offered the following Ordinance: (~14145) AN ORDINANCE amending and reordaining SEC. 43 of CHAPTER 3, !TITLE IV, of The Code of the City of Roanoke, 1956, prescribing minimum standards in quality and weight for plumbing materials used or employed in the City. BE IT ORDAINED by the Council of the City of Roanoke that SEC. 43 of CHAPTER 3, TITLE XY, Of The Code of the City of Roanoke, 195b, be and it IS hereby amended and reordained to read and provide as follows: Sec. 43. Minimum standards generally. 1.Vitrified clay sewer pipe fittings shall be of No. 1. grade. 2. Concrete sewer pipe fittings shall meet the re- quiremeots of ASTM C14 Standards of 1952 or last rerisions thereof, 3.Bituminized fiber sewer pipe shall be stamped sewer pipe. 4.Cast iron pipe and fittings may be of service weight. 5.Steel and wrought iron pipe shall be galvanized. 6.Brass and copper pipe: Brass pipe shall be of iron pipe size; Copper water pipe shall not be less than type and/or vent piping. 0. Sheet lead: 9. Drainage fittings shall be of cast iron, brass or copper, uith n smooth interior matermay, Brass or copper fittings shall be ASA listed. 10. All water piping nnd fittings shall be of galvan- ized wrought iron, galvanized steel, brass, copper, cast Iron or lend, Ii. Caulhing ferrules shall be of the same weight and grade as cast iron pipe used. 12o Closet floor flanges shall be of extra heavy weight and shall be of cast brass or cast iron. 13. Cleanout fittings: Each cleanout of cast iron soil pipe shall con- sist of cast iron or brass ferrule and a brass plug. 14. Valves when used on drainage mork shall be full- way ripe with worhing parts of noncorrosive metal. Sizes of two and one-half inches or more io di- ameter shall have cast iron or brass bodies. 15. All pipe and fittings shall be free of defects, and meet applicable A.S.A. or A.$.T.W. Standards for the intended use, Wr. Young moved the Ordinance on its first reading. The motion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Wessrs. Cornell, Dillard, Pollard. Webber, Nheeler, Young, and the President, Er. Anderson .......... ?. NAYS: None .................... O. Er. Wheeler then offered the following Ordinance: (~14146) AN ORDINANCE amending and reordaining SEC. 76 of CflAPYEE 3, TITLE XV, of The Code of the City of Roanoke, 1956, prescri'bing the manner of determining the required size and permissible length of main vents and vent stacks used or employed in plumbing in the City. HE IT ORDAINED by the Council of the City of Roanoke that SEC, 76 of CHAPTER 3, TITLE XV, of The Code of the City of Roanoke. 1956, prescribing the mariner of determining the required size and permissible length of main ven~s ccd vent stachs used or employed in plumbing in the City be and it is hereby amended and reordained so as to read and provide as follows: Sec. 76. Wanner of determinin~ required size; table of maximum permissible l'eo~th of vents in feet for soil and waste stacks. The required size of main vents or vent stacks shall be determined from the size of the soil or waste stack vented, the total number of fixture units drained into it. and the length of the vent in accordance with the fol- lowing table: TABLE III - SIZE AND LENb'TH OF VENTS Maximum permissible length of vents (in feet) for soil and waste stacks Size of Fixture Diameter 9f vent reouired (inches) soil or units waste con- I 1/4 I 1/2 2 2 1/2 3 4 stack nected Haxlwum length of rent (feet) 5 6 6 Inches I 1/4 2 30 I 1/2 8 50 150 I 1/2 lO 30 100 2 12 30 ?§ 200 2 20 26 50 1SO 2 1/2 42 30 lO0 300 3 10 30 100 200 600 3 30 60 200 SOO 3 60 SO 80 400 4 100 35 100 260 1000 4 200 30 90 250 900 4 500 20 70 180 700 5 200 35 80 350 1000 S 500 30 70 300 go0 S 1100 20 50 200 700 6 350 25 50 200 400 6 620 15 30 125 300 b 960 24 100 250 6 1900 20 TO 200 8 600 50 150 8 1400 40 100 8 22OO 3O 60 8 3600 25 60 10 1000 75 10 2500 50 10 3800 30 10 5600 25 Mr. Nheeler moved the Ordinance on its first reading, 1300 1100 1000 700 500 1300 400 1200 350 1100 250 800 125 1000 100 500 80 350 60 250 The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. ~ebber. ~heeler. Young, and the President. Mr. Anderson .......... NAYS: None ....................O. Mr. Young then offered the following Ordinance: (=14147) AN ORDINANCE amending and reordaining SEC. 124 of CHAPTER 3. TITLE IV, of The Code of the City of Roanoke, 1956, prescribing the method and man- ner of making floor connections in plumbing installations in the City. BE IT 0RDAXNED by the Council of the City of Roanoke that SEC. 124 of CDAPYER 3, TITLE IV, of The Code of the City of Roanoke, 1956, prescribing the method and manner of making floor connections in plumbing installations be and it is hereby amended and reordatned to read and provide as follows: Sec. 124. Floor connections. All fixtures above basement floor except carrier hun9 fixtures shall be connected with lead, copper, brass or galvanized pipe. A brass flange shall be wiped, soldered or screwed to connection under all mater closets and similar fixtures, Cast iron stubs and caulking flanges may be used under fixtures on basement slab only. Mr. Young moved the Ordinance on its first reading, The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES': Messrs. Cornell, Dillard, Pollsrd. lubber, Wheeler. Young, and the ~resident, Mr.'Andersos .......... NAYS: None .................... O, PETITIONS AND COMWDNICATION~: · . BASEMENTS-APPALACHIAN POWER COMPANY-SCHOOLS: The City Clerk presented u communication from the Roanoke City School Board, advising that the Appalachian Power Company has requested a right of may through the #ertz site for the purpose of installing electrical service to an elementary school thereon, which the School Board approved at its meeting of August IS. 1960, ~nd asking that Council authorize execution of the necessary deed of easement to the power company. Br. Wheeler moved to concur in the request and offered the folloming Ordinance: (#14149) AN ORDINANCE authorizing and directing the proper City Of- ficials to execute amd deliver a deed of easement to the Appalachian Power Company. WHEREAS, ~he Roanoke City School Board has recommended the granting of the easement herein authorized in order that the Appalachian Power Company may make available electric service to the proposed Wertz Site Elementary School, in which recommendation this Council concurs. THEREFORE, BE IY ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they aFe hereby, authorized and directed, for and on behalf of the City to execute and deliver an indenture to the Appalachian Power Company. conveying unto said company a right of way and easement, with the right, privilege and auth.ority to said corporation, its successors and assigns, to construct, erect, operate and maintain a line or lines for the purpose of transmitting electric or other power thereover, said right of way being situate in the City of Roanoke and described as follows: BEGINNING at a point in the property line common to the City of Roanoke's property herein mentioned and the Roman Catholic Cemetery property, said point being located N. 78 deg. 36 mtn. #.. 344 feet, note or less from the Northeast corner of the School site; thence extending S. 4 deg. O0 min. W., a distance of 240 feet, more or less, to its terminus near the school building; and BEIN~ a portion of land designated for the Nertz Site Elementary School as shown by map entitled, #Plat of Survey showing 10.533 acres of land bounded by outside corners 1, 2, 3, 5 a to 6, to T, to 8, to 1, Being conveyed to THE CITY OF ROANOEE: for school purposes, by Clarence Lee Wertz, et mx, et al, Roanoke, Virginia, by C. D. Ralcolm and So~, Virginia State Certified Engineers. dated April 4, 1956," and recorded in the Office of theHustings Court for the City of Roanoke, Virginia, in Deed Book 982, page 115. for the nominal consideration of $1.00 and after the form of snch indenture shall have been approved bi the City Attorney. Mr. Rheeler moved the Ordinance on its first reading. The motion was seconded by Rt. Pollard and adopted bY the following rote: AYES: Nessr~. Cornell, Dillard, Pollard, #ebber. Eheeler, Young. and the President, Mr. Anderson ........... ?. NAYS: None .................... O. EASEMENT-APPALACHIAN POWER COMPANY-SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board, ad~islngthat the Appalachian Power Company has requested a right of way throngh 'the school site for construction of u power lin~ for electrical service to the Hilliam Fleming High School, which was approved by the School'Ho~rd at its meeting of August 15, 1960, and asking that Council authorize execution of ~ deed of easement therefor. Mr. Pollard mo~ed to concur in the request and offered the following Ordinance: (a14149) AN ORDINANCE authorizing and directing the proper City Of- ficials to execute and deliver a deed of easement to the' Appalachian Power Company. E~EREAS. the Roanoke City Schoo~ Board has recommended the granting of the easement herein authorized in order that the Appalachian Power Company may make availahie electric service to the proposed William Fleming High School. in which recommendation this Council concurs. THEREFORE, Hi IT ORDAINED by the Council o'f the City of Roanoke that the proper City Officials be, and they are ~ereby, authorized and directed, for and on behalf of the City, to execute and deliver an indenture to the Appalachian Power Company. conveying unto said company aright of way and easement, with the right. privilege and authority to said corporation, its successors and assigns, to con- struct, erect, operate and maintain a line or lines for the purpose of transmitting electric or other powerthereover, said right of way being ~ituate in the County of Roanoke and described as follows: BEGINNING at a point in ~he property line common to the City of Roanoke*s property herein mentioned and Virginia State Highway No. 116 (Cove Road), said point being located on the easterly side of said Virginia State Highway No. 116. near corner "E," of the here- inafter described map; thence extending N. 48 deg. 52 min. E., a distance of 792 feet. more or less. to a point; ~hence N. 6 deg. 30 min. N.. a distance of 265 feet. more or less, to a point n~proximately 18 feet south of the north bound~y line, thence running parallel ~ith th~ North bound~y line, on a bearing of N. 59 deg. 59 nt~ E.. a distance of 1255 feet, more or less, to a point; thence running parallel with the east bounda~ line. on a bearing of S. 36 deg. 43 min. E., a.dlstance of 64~ feet, more or less, to a point appFoximntel~ ~H feet west of the east boundary line; thence ex- tending through the'p~n~erty On a bearing of S. 62 deg. 4~ min. W.. a distance of 535 feet, more or less. to its terminus adjacent to school building; and BEING a portion of land designated for Fleming 'High School and Grommet School, as shown by map entitled, "Plat Showing Survey-of Parcels NO~ I and No. 2. containing 50.464 acres, Be- ing Conveyed to, ROANOKE CITY SCHOOL BOARD, by Ralph T. Stewart and Mile. Roanoke County, Va., by C. H. Malcol~ ~ Son, Va. State Certi- fied Engineers, dated July 12, IVS&.# and recorded in the Office of the Clerk of the Circuit Court for the County of Roanoke. Virginia. in Deed Book 561, page 230. for the noBinal consideration of $1.00 and after the form of such indenture shall hare been opproved by the City Attorney, Hr. Pollard moved the Ordinance on Its first reading. The motion uts seconded by Hr. Webber nnd adopted by the following vote: AYES~ Messrs, Cornell. Dillard, Pollard. Webber, Wheeler, Young, and the President, Hr. Anderson .......... MAYS: Mone ....................O. ZONIMG: The City Clerk presented a request of Charles Fmllon Davis, Jr., et ux., that their properties located on the north side of Melrose Avenue, N. between Crescent Street 'and Forest Park Houlevard, designated as Lots inclusive, Block 11, Villa Heights. and Lots 1-5. inclusive, Gray Map, a sub- division of Lot 1, Block 5, Forest Park Map, be reigned from Special R~sidence District to Bnslness District. Mr. Young moved to refer the request to the City Planning Commission lot study and recommendation. The motion was seconded by Mr. Wheeler and adopted; ZONIMG: The City Clerk presented a request of W. A. Bailer. Jr., et ux., that their property located at 2116 Dennlngton Street, S. E,, designated ns Official Tax No. 4250201, be reigned from General Residence District to Business District. Mr. Wheeler moved to refer the request to thc ~lts Planning ~ommission for study and recommendation. The motion was seconded by Mr. Young and adopte~. POLICE DEPARTMENT-FIRE DEPARTMENT: The City Clerk presented n commun- ication from the Roanoke Fire Fighters Association, objecting to combining the Police and Fire Departments into one safety unit. Mr. Young moved to file the communication, The motion was seconded by Mr. Wheeler and adopted. BUDGET-SEWERS ~ND STORM DRAINS: The City Clerk presented a communication from Gimbert and Glmbert, Incorporated, advising that its property at Wllltamson Road and Thurston Avenue, N. W., is constantly inundated by heavy rains, and requesting that Council appropriate $5,000.00, which amount was an estimate fur- nished to it by the City Manager and the Director of'Public Works, for construc- tion o£ an adequate storm drainage system to relieve the flooding conditions in the area. Mr. Young moved to table the matter far consideration along with the lgGl budget. The motion was seconded by Mr. Pollard and adopted. REPORTS OF OFFICERS: BUDGET-PURCHASING DEPARTMENT: The City Manager requested au appropria- tion Of $600.00 to Extra Employees in the Purchasing Agent*$ account of the lgGO budget to provide for employment of extra employees during the leave of absence granted a regular employee in that depot%men,5 Mr. Young moved to concur in the request and offered the following emergency Ordinance: (m14150) AN ORDINANCE to amend and reorduin Section nil, *Purchasing Agent,N of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Hook Mo. 24° page 208) Hr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. lheeler and adopted by the following vote: AYES= Messrs. Cnrcell, Dillard, Pollcrd, Webber, Mheeler, Young, and the President, Mr. Anderson ........... NAYS: None .....................O. SEMERS AND STORM DRAINS: The City Manager presented a list of nine change orders to the contract of Rea Construction Company for additions to the Semage Treatment Plant aggregating $5,469.59, covering items not foreseeable when the contract for additions to the plant was entered into, and requesting that Council approve the change orders and appropriate the necessary funds for payment thereof. #r. Mebber moved to concur in the request end offered .the following Resolution: (#14151) A RESOLUTION approving nine change oFdeFs, covering items of minor extra work. performed by Rea Construction Company pursuant to its contract with the City for additions to the sewage treatment plant. (For full text of Resolution, see Resolution Rook No. 24, page 209.) Mr. Webber moved the adoption of the Resolution. Yhe motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Corn·Il, Dillard. Pollard, Rabbet, Wheeler, Young, and the President, Mr. Anderson .......... NAYS: None ....................O. Mr, Webber then offered the following emergency Ordinance appropriatin9 (m14152) AN ORDINANCE to amend and reordain #Non-Operating Expenses~ of the Id60 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 24. page 210.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: - Messrs. Corn·Il, Dillard, Pollard, Rabbet. Wheeler, Young, and the President, Mr. Anderson .......... 7. NAYS: None .................... O. SEWERS AND STORM DRAINS: The City Manager submitted a tabulation of bids received for drilling of drainage wells in the ~illiamson Road area, showing the bid of G. C. £imberlin and Son, in the amount of $7,515.50, as low, and recommended that Council accept the low bid and authorize s contract therefor, the City Manager advising that an additional appropriation in the amount of $860.50 would be needed. Mr. Wheeler moved to concur in the recommendation of the City Man~ger and offered the following emergency Ordinance: ':11 (z14153) AN ORDINANCE accepting the propos*l of G. C. KJmberlln & Son for the drilling of drainage uells; authorizing the proper City Officials to execnte the requisite contract; rejecting the other bid; and providing for nn emergency. (For full text of Ordinance, see Ordinance Book NO. 24. page 210.) Mr, ~heeler moved the adoption of the Ordinance. The motion mas seconded by Hr. Young and adopted by the folloming vote: AYES: #easts. Cornell, Dillard. Pollard, Webber, ~heeler, Young. and the President, Mr. Anderson .......... NAYS: None .................... O. Mr. Young then offered the folloming emergency Ordinance appropriating the required funds; (#141S4} AN ORDINANCE to amend and reordain Section ~141. 'Semer and Drain Construction." of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 211.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Wheeler and adopted by the folIowlng vote: AYES: Messrs. Cornell, Dillard. Pollard, nether, nneeler. Young. · 'and the President, Mr. Anderson .......... 7. NAYS: None .................... O. AIRPORT: The City Manager presented an offer of the Roanoke Civil Air Patrol to donate to the city four quonset type buildings, provided the city will pay for the transportation Costs thereon from Quonset, Rhode Island. erect the buildings at the Roanoke Municipal Airport, and provide for leasing of two of the buildings to the Civil Air Patrol at $1.00 per annum for a period of years, the City Wanager requesting that Council authorize him to advertise for bids for erection of the buildings in order to determine the cost thereof so that Council might have proper information upon which to base a determination of whether or not to accept the offer of the Roanoke Civil Air Patrol. Mr. Webber moved to concur in the request and offered the following Resolution: (u14155) A RESOLUTION directing the City Manager to advertise for bids for erecting three quonset hangars and one quonset office at Roanoke Munic- ipal (Woodrum) Airport, Mr. Webber moved the adoption of the Resolution. The motion was seconde~ by gr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .......... NAYS: None .................... O. The City Manager then advised that an appropriation in the amount of $600.00 would be necessary to provide for payment of advertising costs and trans- portation on the buildings. i'3 Mr. Webber offered the following emergency Ordinance appropriating the .necessary funds: (s14156) AN ORDINANCE to amend and reordain Section ~144,~epartmental Equipment and Improvements,= of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 24, page 212.) Mr. Webber moved the adoption of the Ordinance. The notion nas second- ed by Mr. Wheeler and adopted ~y the following vote~ AYES: Messrs. Cornell, Dillard, Pollard. Webber. Wheeler, Young. and the President, WP. Anderson .............. NAYS~ None ....................O, WATER DEPARTMENT: The City Manager reported that he has investigated the request Of Mr. Richard T. Edwards. Attorney for residents of the Chapel Forest Subdivision. that Council abolish the surcharge on water pumped four times as established by Ordinance No. 127S0. and presented a connunicatJon from the Manager of the Water. Department, advising that the cost of maintenance and operation of the Chapel Forest Pumping Station for the period of July 1, 1959-June 30, 1960, was $1,491.?0 and that the revenue derived from the customers served in that sub~ division for tue same period nas ~1,106,21. representin~ a loss of approximately $300.00 for the year's operation in furnishing water to the fifteen residents of the subdivision; that it costs more to pump water to the Chapel Forest Subdivision since it is above the established hydraulic level in the city; and that in his opinion the small added charge is fair since the area will never pay its way on the basis of costs for furnishing water therein, but that the residents of the Chapel Forest Subdivision are paying forty per cent of the basic and surcharge rates on their water for sewage treatment, which in his opinion is unfair since other residents of the city pay only sewage charges on the basic water rate, the City Manager stating that since the city is suffering a loss from the water service to Chapel Forest Subdivision, he does not believe there should be any change or adjustment in the present rates until such time as the city has at least reached a break-even point in its operat'lonal costs and recommending no change at this time. Wt. Richard To Edwards, appeared before Council and stated that the residents of the Chapel Forest Subdivision are paying the same surcharge for water as are residents of the County of Roanoke; that he does not believe this to be fair, pointing out that the subdividor at his own expense constructed the water mains and services along ~ith the pumping station and all facilities in the subdivision, w~th ~he exception of one pump to the pumping station by the Water Department as a standby reserve; that his clients believe the water rate should be standard throughout the city rather than singling out one area above the hydraulic level for surcharges; and that there is flo basis for charging sewage treatment charges on both the basic and-surcharge water rates, After some discussion, Mr, Mebber moved to table the matter until the next regulzr meeting of Council in order to give the members more Opportunity for study. The motion mas seconded by Mr. Pollard and adopted. BRIDGES-STREETS AND ALLEYS~ The City Manager reported that in con- nection ulth construction Of z bridge over Peters Creek ut the mest corporate limits of the city on Miller Street. N. #., mhich is the approach to Roanbke Electric Steel Corporation*& Plant, us authorized by Ordinosce Ho. 14034, Mr. B. L. Radford and The First National Exchange Bank, C~Executor for E. B. Engleman estate, bas offered to donste to the city certain land needed for provision of a 60-foot mJde right of uny for Miller Street. betmeen the bridge and Shenandoah Avenue, and recommended that Council authorize acceptance of the land and establish a 60-foot made street to be known as Miller Street, N, M., between Shenandoah Avenue and the city limits line. Mr. Mheeler moved to concur in the recommendation and offered the following emergency Ordinance: (~14157) AN ORDINANCE providing for the establishment of a 60-foot wide street, to be known as Miller Street, N. W.; authorizing the acquisition of certain land for the right of way therefor; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Mheeler, Young, and the President. Mr. Anderson .......... NAYS: None ....................O. SIDEMALK, CURB AND GU~YER-S~REETS AND ALLEYS: The City Manager reported that he has studied the offer of the residents Of the 300 block of Fleming Avenue. N. E., to deed to the city five feet off the front Of their respective properties in exchange for the construction Of concrete curb and gutter at the city*s cost. with the understanding that the city will pave the street within a reasonable time after construction of said curb and gutter, the estimated cost of the curb and gutter required being SI.d09.00, mhich if constructed under normal circumstances ,, would be on a fifty-fifty cost basis, resulting in a net outlay of $?44.00 to the city. the City Manager recommending that Council accept the offer of the property owners to dedicate this land and appropriate sufficient funds for the construction of curb and gutter, advising that the street paving will be accomplished sub- sequently when funds are available, Mr. Webber moved to direct the City Attorney to prepare an Ordinance accepting the property as offered by the property owners in the 300 block of Fleming Avenue, N. E., and as recommended by the City Manager. The motion was seconded by Mr. Young and adopted. RECREATION DEPARTMENT: Council at its meeting of July 11, 1960, having referred to the Director Of Parks and Recreation a complaint from members of the Eureka Home Demonstration Club concerning the service charges made by the steering committee at the Preston Park Community Center for use of kitchen and other facilities; the denial of access to the building to some children when the fscilities are being used by other children in their age group; and the leek of luformution concerning activities in the Preston Perk Commnnity Center, mJth the direction then the said director meet math the people in the nren served by the center in nn effort to work out n program uhieh mill meet their needs, arrange for the posting of n calender of activities ut the center where it mill be avail-. able to the.people, study the question or charges being made and the question or appointing a senior council for the center, and submit his report thereon, the City Manager transmitted a report of the Director of Parks and Recreation, advis- ing that representatives of the department have met math the officers of the Eureka Home Demonstration Club concerning their complaints, which are of n minor nature and the result of the lack of communication between the activities leader and the using public; that arrangements have been made for dissemination of infor* metion concerning activities carried on at the center, and charges for use of the kitchen at the center have been eliminated; that a meeting of the Center Leaders. the Supervisor of Centers. and the Assistant Director of Parks and Rec- reation mas held to study the question of Senior Councils for the various centers in the city. and that they unanimously recommended that the present Senior Councils be relieved of their present post with thanks, and that in their place each center d~tor select seven adults to serve in an advisory capacity for each of toe com- munity centers, the advisory groups to meet once each month with representatives from the department and the leader Of the particular center for the purpose of considering suggestions and recommendations from the neighborhood concerning the operation of the center; also, that in the future all equipment, capital expenditures and other items for the centers be at the city's sole expense, and that al! centers operate on a year-round basis beginning January 1, 1960, the City Manager advising that .he believes the report corrects the situation and no action of Council is necessary. Mr. Webber moved to table the matter until the regular meeting of October 10, lg~O. to give members of Council time to study it. The motion was seconded by Dr. Cornell and adopted. PARKS AND PLAYGROUNDS: The City Manager reported that he has studied the request of Mr. B. C. Fracker, 3235 Oliver Road. N. E., that a suitable play- ground be provided for children la that area. and transmitted a report of the Director of Planning concernihg the need for parks in the Milliamson Road area, the City Manager advising that it is obvious that additional parks are needed in the Hilliamson Road area, but due to the nonavailablity of funds for that purpose it is his recommendation that the matter be considered along with the lqGl budget. Mr. Nheeler mo~ed to refer the matter to the committee presently study- lng the park requirements for study and recommendation. The motion was seconded by Mr. Young and adopted. STATE HIGHWAYS: The City Manager reported that negotiations for the purchase of property required from Malls Gas and Oil Company for right of may la connection math the improvements to Virginia State Highmay No. 117, betmeeo Bershberger Road and Melrose Avenue, N. W., have been codcluded, Wells Gas and Oil Company having agreed to accept the appraised value of the needed property in the amount of $15.300.00, the City Manager recommending thht Council authorize the acquisition thereof. Mr. Young moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (m14159) AN ORDINANCE authorizing the acquisition of certain property from Mails Oas ood Oil Company necessary to effect the widening and improvement of a portion of Virginia State Route 117 between Dershberger Road and Melrose Avenue. N. W.; providing for the payment of the purchase price thereof; and pro- vidiog for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 214.) Mr. Young moved the adoption ef the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the folloming vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber. Wheeler, Young. and the Presldent~ Mr. Anderson .......... ?. NAYS: None .................... O. Mr. Young then offered the following emergency Ordinance appropriating funds for purchase of the land: (~141Sg) AN ORDINANCE to amend and reordatn Section mi40, *Street Construction.# Of the 1940 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 215.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Wr. Wheeler and adopted by the following vote: AYESz Messrs. Cornell, Dillard, Pollard. Webber. Wheeler, Young, and the President, Mr. Anderson .......... NAYS: None .................... O. SIDEWAL~, CURB AND CUTTER: The City Manager reported that be ha~ studied tho complaint of Mr. Robert T. Carter, concerning the grading of the side- walk area in front of his property in Brentwood Subdivision, as referred to bin by Council at its meeting of August 22, 1960; that the mork of the contractor, which brought about Hr. Carter's complaint, is io accordance with the subdivision law, the City Manager advising that he has set up procedures for the future which should prevent this condition recurring by requiring the Department of Buildings and the City Engineorin9 Department to assure that private land in subdivisions has been properly graded prior to electric meters being installed and people moving into the homes, which should eliminate future complaints of this nature, Mr. Young moved to concur in the report of the City Manager. The motion was seconded by Mr. Wheeler and adopted. *il · $CBOOLS-BUSES-SIDEMALK. CURB AND GUTTER:. The City Manager reported that he has studied the question of malkways and transportation needed for children in the Colonial Heights area mbo ual1 attend the new elementary school In Flshburn Park, referred tb him be Council at its meeting of August 22, i9~0, and that walkways have been constructed and adequate school bus service will be provided by the local bus company. Mr. Pollard moved to concur in the report of the City Manager, The motion mas seconded by Dr. Cornell and adopted, SlDEMALK, CURB AND GUTTER: The City Manager reported that he has inves- tigated the request of Mrs. Marshall Sprouse, 2527 Laburnum Avenue, S, M., that shrubbery be cleared from the sidemalk area on the east side of Carlton Road, S. between Avenel Avenue and Laburnum Avenue, as referred to him by Council at its meeting of August 22, 1960, advising that he belieres the corner is reasonably safe due to the stop signs located thereat; that he cannot agree to the removal, of the shrubbery et this particular point from the sidewalk area since the con- dition exists throughout the city, the City Manager recommending that no action be taken by Council. Mr. Mebber moved to concur in the r~port of the City Manager. The motion was seconded by Mr. Pollard and adopted. BUDGET-ELECTIONS: The City Manager reported that he has studied the request of the Roanoke Electoral Board for the purchase of 33 folding tables and 165 metal folding chairs at a cost of $3.727.35. as referred to him by Council at its meeting of August 22. 1960. and that he believes the cost of the equipment as requested by the Electoral Board is fair and the equipment they propose to purchase is good. the City Manager recommending that Council purchase the 33 tables and as many of the chairs as it desires at this time. Mr. Mheeler suggested that Council authorize purchase of 33 tables and 82 chairs and offered the following emergency Ordinance appropriating the funds therefor: (~14160) AN ORDINANCE to amend and reordain Section m144, *Departmental Equipment and Improvements,' of the 1960 Appropriation Ordinance, and providing (For full text of Ordinance. see Ordinance Book No. 24, page 215.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the folloming vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Mheeler, Young. and the President. Mr. Anderson .......... 7. NAYS: None .................... O. REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of July, 19600 and reported other departmental reports on file in his office. Mr. ~heeler moved to file the report. The motion was seconded by Mr. Young and adopted. REPORTS OF COMMITTEES:. SCHOOLSoCITY hOME: Council et its meeting of August 22, 1960, hiving referred to a committee composed or Messrs, Whiter Lo Young, Chnirmnn, Arthur S, &dens, end fl. Cletus.Rroyles, bids received for grnding of the site of the Ronnohe Technicni Institute, mhJch conteoplates the.removal of 71,000 cubic yards of dirt. for study and recommendation, with n viem of reducing the quality of exon- ration through changing the grade specification, the conm!ttee submitted its report, advising that after conferences mith architects, representatives of Virginia Poly- technic Institute, and members of the advisory committee Of the Roanoke Technical Institute, and after careful consideration of all the factors concerned, in its considered judgment grades as established by the architects should be adhered to without cbange, since any alteration thereof might impede the progress of construct- ing the school and limit expansion thereof in the future, the committee therefore recommending that there be no change in the specifications for grading and that Council accept the Ion bid of the McAlister Construction Company in the amount of $27,9h0,00 and authorize a contract therefor. #r. Webber moved to concur in the report of the committee and offered the following emergency Ordinance: (g14161) AN ORDINANCE accepting the proposal of McAlister Construction Company for excavating and grading the site for the Roanoke Technical Institute; authorizing the execution of the requisite contract therefor; providing for the payment of the cost thereof; rejecting all other bids; and providing for an emergenc (For full text of Ordinance. see Ordinance Book No. 24, page 216.) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the folloming vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber, #heeler, Young. and the President. Mr. Anderson ............... 7. NAYS: None .................... O. Mr. Webber then offered the folloming emergency Ordinance providing the necessary funds for the contract: (~14162) AN ORDINANCE to amend and reordaJn Section ~1§6. ~Technical Institute Site.# of the 1960 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 217.) Mr. Webber moved, the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted b~ the folloming vote: AYES: Messrs. Cornell. Dillard, Pollard, Webber. Wheeler, Young. and the President, Mr. Anderson ........... ?. NAYS: None ....................O. PLANNING COMMISSION: Council at its meeting of June 27, 1%0, having referred to a committee composed of Messrs. Millis M. Anderson, Chairman, Benton O. Dillard. and Walter L. Young, for study, and recommendation, the question of amendin9 the City Code providing for the appointment of members of the City Planning Commission. the committee submitted its report, advising that it has studied the matter referred to:it, and recommending that Council adopt an Ordi- nance amending the City Code mhich mill provide for appointment of:a Planning Commission of seven members by Council, all of uhom must be residents and quail- fled voters of the city; and, also, provide that the present members of the Com- mission shall serve until expiration of the' terms for mhlch they mere appointed. Mr. Webber moved to concur in the report of the committee and offered the following emergency Ordinance: (a14163) AN ORDINANCE to amend and reordain Sec. 2. *Composition; appointment and terms of members,'; Sec. 3. *Compensation; members holding other offices.*; Sec. 4. *Oath; filling of vacancies; causes for removal of members.'; and Sec. 6. 'Chairman.t of Chapter 1. *Planning Commission.' of Title X¥1. 'Planning and Subdlvisions.* of The Code of the City of Roanoke, 1956; and pro- viding for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 210.) Hr. Webber moved the adoption of the Ordinance. The motion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Ressrs, Cornell, Dillard. Pollard, Webber. Wheeler, Young, and the President, Mr. Anderson .......... 7. NAYS: None .................... O. SEWERS AND STORM DRAINS: Council at its meeting of March 21, 1960, 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 recom- mendation, a request of the Council of the Town of Salem that the contract of October 16, 1953, between the Town and the City, dealin9 with the treatment Of domestic and commercial wastes, be amended by adding thereto the *Deep in the Dell" Subdivision containing 4 acres and lying northwest of the westerly corporate limits of the Town of Salem, in the County of Roanoke, the committee submitted its report, recommending that Council grant the request, with the proviso that the Tomn pay a fifty per cent increase in the charge for treating the sewage originating from within this area which is provided for ali other areas west of the Town of Salem. The City Clerk advised that, in this connection, he ts in receipt of a Resolution of the Council of the Town of Salem rescinding its Resolution of March 14, 1960, makin9 the original request for this area, and a nam Resolution dated August 22, 1960, renewing the request for the "Deep in the Dell" Sub= division, but providing that the fifty per cent increase in charges will apply therein. . Mr. Young moved to concur in the report of the committee and offered the following Resolution: (g14164) A RESOLUTION amending the contract of October 16, 1953, between the City of Roanoke and tho Town of Salem, dealing with the treatment of domestic and commercial wastes. (For full text of Resolution, see Resolution Book No. 24, page 219.) ~20 Mr. Young moved the adoption of the Resolution. Yhe motion won sec.nd- ed by Mr. Webber end adopted by the following v~te~ AYES: Messrs. Pollard, Webber, Wheeler, Young, eud the President. Hr. Anderson ...................................... 5. NAYS: Messrs. Corn. Il and Dillard ...... UNFINISHED BUSINESS: DEPARTMENT OF PUBLIC RORES: Council at its meeting of August 22. lgbO, having tabled until its meeting of September 6,-1960, a request of the City Manager that he be authorized to purchase a motor grader for mhich funds are available in the 1960 budget, the matter was again before the body. Mr. John L. Wentworth, Director of Public Works, appeared before Coun~il along with Mr. George B. Spradlln, Superintendent of the Garage, and adivsed Council that it will be satisfactory to repair the present motor grader at a cost of approximately $?,000.00. rather than purchase the new grader as requested, the City Manager concurring in this statement. Mr. Rebber then offered the following emergency Ordinance transferring $7,000.00 from the appropriation for purchase of a motor grader in account No. 144 to Repairs by Others in the Garage account for the purpose Of repairing the (n14165) AN ORDINANCE to amend and reo£dain Section egg, *Garage,~ and Section st44. *Departmental Equipment and Improvements.w of the lgGO Appro- priation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard, Webber, Wheeler, Young, and the President. Mr. Anderson .......... NAYS: None .................... O. ZONING; Council at its meeting of August 22, 1960. having tabled until its meeting of September 6. lgGO, a report of the City Planning Commission recom- mending denial of the request of ir. W. L. Draper that his property located on the southeast corner Of Pocahontas Avenue and Seventh Street, N. i., designated as Lots D-12. inclusive. Block 11. Lin*oDd Land Company. be r.zoned from General Residence District to Heavy Industrial District, to permit time for the City Clerk to determine whether Or not a public hearing is desired in the matter, the City Clerk advised Council that the attorney for the petitioner has requested a public hearing. ir. Webber moved to set a public hearing on the request for 2:00 .*clock, p. m., October 3. lgGO, in the Council Chamber, and to direct the attorney for the petitioner to prepare the proper notice thereof, 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. CONSIDEgATION OF CLAIMS: NONE. INTNODUCTION AND CONSIDERATION OF ORDINANCES A~D RESOLUTIONS: ZONING: Ordinance No, 14130. rezoaing from Sepcial Residence District to Business District, property located on Melrose Avenue, N. M,. between Monroe Street and Van Oaten Street, having previously been before Council for its first reading, read and laid over. Was again before the body, Mr, MheeleF offering the following for its second reading and final adoption: (n14130) AN ORDINANCE to amend and reenact Title XY, Chapter 4, Section 1, of The Code of the City of Roanoke, 195&. in relation to Zoning. (For full text of Ordinance. see Ordinance Book No. 24, page 204.) Er, Wheeler moved the adoption of the Ordinance. The motion was seconded b~ Mr. Young and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber. #heeler, Young. and.the President, Mr. Anderson .......... 7. NAYS: None .................... STREETS AND ALLEYS: Ordinance No. 14131, approving an instrument vacating discontinuing and closing a portion of a twenty-foot wide alley in the rear of Lot's 27 and 28, Block 7, Virginia ~eights, extendln9 westward from Oxford Avenue, S. M.. and accepting the dedication of a new twenty-foot wide alley along the northwest line of Lot Il-D, Block ?, Section 1, Virginia Heights, upon certain terms and conditions, having previously been before Council for its first reading, read and laid over, was again before the body. It appearing that the Ordinance before Council and the instrument for the closing of the alley in question do not provide for construction of the new alley to be dedicated in lieu thereof, Mr. Young moved to amend the Ordinance to read and provide as follows: "AN ORDINANCE ' * ' aeorovinu an instrument vacating, dis- continuin9 and closing a portion of a twenty-foot wid{h alley in the rear of Lots 27 and 28, Block 7, Virginia Heights, ex- tending westward from Oxford Avenue, S. W., and acceptinq the 4~di©ation of a new twenty-foot width alley along the north- west line of Lot II-B. Block ?, Section 1, of ¥irginii Heights, uuoe certain terms and conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have approved a certain instrument dated June 24, 1960, executed by Potomac Conference Corpor- ation of Seventh-Hay Adventists, et al., vacating, dlscontinu- ln'g ~nd closing a portion of a twenty-foot width alley lathe rear of Lots 27 and 28, Blnch ?, ¥irginia Beights, extending westward from Oxford Avenue, S. W., and dedicating a new twenty-foot width alley along the northwest line of Lot Il-B. Block 7, Section 1, of Virginia Heights; and WHEREAS, the City Planning Commission has considered the application and has recommended th9t the Council approve the vacating, discontinuing and closing of said portion of a twenty-foot width alley in the rear of Lots 27 and Block.?, Virginia Heights, extending westward from Oxford Avenue, S, W., ~ distance o~f ap~oXfmatel~ 10.~0 fe~t, aid ~anthorize the acceptance of the dedication of the ne~ alley as aforesaid, subject to the terms and conditions hereinafter specified;!and WHEREAS, this Council caused proper legal notice of a public hearing on the proposal to be published, calling for a hearing on August 22, 1960, at 2:00 o'clock, P. W.~ in the Council Chamber. at which hearing interested parties were giren an opportunity to be heard; and WHEREAS, this Council, after considering the evidence submitted, is of the opinion that vacating said portion of ~ · · that twenty-foot width alley in the rear of Lots and 28, Block 7, Virginia Heights, extending westward from ~:22 Oxford Avenue, S. W.. for the dlstnnce aforesaid, and the acceptance of the dedication oft benes alley ns aforesaid · * · alii not abridge or destroy any of the rights and ~rivlleges of other property owners within the bounds of the area of land shown on the Hap of Virginia Heights and Is further of the opinion thst said request should be granted... THEREFORE, BE IT ORDAINED by the Council or the City of Roanohe that that certain instrument executed by Potomac Conference Corporation of Secenth-Dby Adventists, etal, under date of June 24, 1960, vacating, discontinuing and closing said portion of a twenty-foot width alley in the - rear of Lots 27 and 28, Block 7, Virginia Heights, extehd- lng mestward froa Oxford Avenue, S. M** and dedicating n new twenty-foot width alley along the northwest line of Lot Il-S, Block 7, Section 1, of Virginia Heights, be, and the same is hereby, approved and accepted, as the case nav b.~e, by this Council as provided by Section 15=766¥1 of the Code of Virginia (1950), us amended, * · · reserving, how* ever, unto the City of Ronnohe a perpetual · * · easement in said vacated portion of said alley for any existing public semer lines, storm drains or water mains, if any there be, and the right of ingress and egress over said land for the maintenance, operation, repair, renewal Or replacement Of the same. HE IT FURTHER ORDAINED that, after said ~ shall have orovided and constructed a new 20-foot wide al lev extend- in~ southwesterly fro....=Am Oxford Avenue, ~. A., over the north= west portion of Lot 11 ~, aforesaid, ~ dlstanc.~e approximately IY~ feet along its cente._~r line, as shown o._~n th._.~eplat of~. ~. Malcolm ~ So._.~n, State Certified Engineers, dated May 2_~7, 1960, accompanyin~ the instrument of dedication aforesaid, and shall have provided at its owen expense such crossovers curb an~ gutter a~s ar.~e aonroved by the Director of Public Harks and all of such work has been done to the writte~n appr~va] of said Director of Publi~cNorks, th__~eMay~r and tb.~eCitv Clerk are each hereby a.~u= thorized and directed to execute, seal and acknowledoe th..=.~e afore- said instrument dated June24, 1960. i~n evidence of thee cat,ts acceptance of th.~ededJcation o~f ~aid ne.~w BE IT FINALL~YORDAIHED that, upon full e~ecution of the instrument of June ~4, 19~0, th.~eCitvClerk shallattach thereto an~ c~py of this Ordinance and, at th.~e expense of the aforesaid applicant, cause said papers, ~with ~ copy of th_~e plat of Mav~_~=~=, 1960, aforesaid, to b_~e recorded in the Clerk*s Office of the Hustinos Court of the City of Roanoke and in the Clerk*s Office of the Circuit Court for Roanoke County, in which la, er Clerk*s Office the original subdivision mad o._~ Virginia Heights wa~s recorded, in order that said Clerks may make proper notations o..~nallmaps and plats o.~n re~ord l..~n their alit.cms whereon said old alley i~s shown; and the City Clerk shall, in addition, deliver to the Cit~Enqineer ~n attested copy of this Ordinance and a copy of th._~e aforesaid p)at i...~n order that a rD riate nota- tions Of th._~evacatin~ herein approved and Of the dedieation of said ne.~w alley b.~emade o.~n all maps and plats on file in said City ~ Office where~n the area of the land affected hereby l.~s shown, referrin~ thereon t.~o the book and pa~e mhereifl this ordi- nance is spread. The motion was seconded by Mr. Wheeler and adopted by the following vote~ AYES: Messrs. Coraell, Dillard, Pollard, Webber, Wheeler. Young, and the President, Hr. Anderson .............. 7. NAYS; None .................... O. Mr. Mheeler then offered the following Ordinance, as amended, ,for its second reading and final adoption; (~ld131) AN ORDINANCE approving an instrument vacating, discontinuing and closing a portion of a twenty-foot width alley in the rear of Lots 27 and 28, Block ?, Virginia Heights, extending westward from Oxford Avenue, S. W., and ac- cepting the dedication of a new twenty-foot width alley along the northwest line of Lot Il-B, Block 7, Section 1, of Virginia Heights, upon certain terms and conditions. (For fall text of Ordinance. see Ordinance Book Ho. 24. page 206.) Mr. Mheeler moved the adoption of the Ordinance. as amended. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. Mebber. Mheeler. Young, and the President, Mr. Anderson .......... ?. RAYS: None .................... O. INDUSTIRRS*PAR£S AND PLAYGROUHBS: Ordinance MO. 14142, approving the action of the City Attorney in accepting a deed of conveyance from the Norfolk and Mestern Railway Company and expressing Council's appreciation for the donation of said real estate LO the City, having previously been before Council for its first rending, read and laid over, was again before the body. Mr. #heeler offering the following for its second readlng and final adoption: (~14142) AN ORDIBANCE approving the action of the City ALLorney in accepting a deed of conveyance from the Norfolk and Mestern Railway Company end expressing this Council's appreciation for the donation of said real estate to the City. (For full text of Ordinance. see Ordinance Book No. 24. page 207.) Mr. #heeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Rubber, ~heeler, and toe President. Mr. Anderson ........... NAYS: None .............O. (Mr. Young not voting) MOTIONS AND MISCELLANEOUS BUSINESS: ELECTIONOF OFFICERS: The City Clerk reported the follouin9 vacancies and expiring terms on the following boards and commissions: City Plan~ing Commission - Three Vacancies for terms expiring December 31, 1960, by reason of the death of Mr. James W. Oreakell, the resignation of Hr. R. Cletus Droyles. and the expiration of the term of Mrs. Mary C. Pickett; Youth Commission - Expiration of the term of Mrs. Mary C. Pickett. Member representing City Council; Sinking Fund Commission - Expiration of the terms of Messrs. Elmore Helms and Thomas P. Parsley. August S1, 1960, terms for three years each; Roanoke Redevelopment and Rousing Authority - Expiration of the term of Mr. C. Fred Mangos on August 31, 19hO, term of four years; Roard Of Appeal. Building Code - Expiration of the term Of Mr. Harry Smith on September 30. 1960, term of five years. Mr. Webber .moved to table the matter until the next regular meeting Of Council. The motion was seconded by Mr. Nheeler and adopted. The City Clerk then reported expiration of the terms of the following officers, September 30, 1960: J. Robert Thomas. City Clerk. term of two years; Randolph G. Mhittle, City Attorney, term of two years; Barry R. Yates, City Auditor, term of two years; Robert L. Quarles, Judge of the Municipal Court, term of four years; and Carroll D. Rea, Substitute Judge of the Municipal Court. term of four years. The Mayor called for nominations for the City Clerk. Mr. Young pl~ced in nomination the name of J. Robert Thomas. Mr. Rebber moved to close the nominations. The motion mas seconded by Mr. Rheeler and adopted. Mr. J. Robert Thomas mss reelected City Clerk for a term Of tmo years beginning October 1. 1960. by the follouJng rote: FOR RR. THOMAS: Messrs. Cornell, Dillard. Pollard, Webber. Rheeler. Young and the President. Hr. Anderson .......... The Mayor called for nominations for the City Attorney. Mr. Webber placed in nomination the name of Randolph G. Rhittle. Mr. Young moved ~o close the nominations. The motion mas seconded by Mr. Wheeler and adopted. Mr. Randolph 6. Whittle was reelected City Attorney for a term of two years beginning October 1, lg60, by the following vote: FOR MR. WHITTLE: Messrs. Cornell, Dillard. Pollard, Webber. Rheeler. Young, and the President, Mr. Anderson .......... The Mayor then called for nominations for the City Auditor. Mr. Wheeler placed in n~mination the name of Harry R. Ynte$. Mr. Young and adopted. Mr. Harry R. Yarns was reelected City Auditor for a term of two years beginning October 1. 1960, by the following vote: FOR MR. YATES: Messrs. Cornell. Dillard, Pollard, Webber, Wheeler. Young, and the President. Mr. Anderson .......... ?. The Mayor then called for nominations for the Judge of the Municipal Mr. Young placed in nomination the name of Robert L. Quarles. Mr. Webber moved to close the nominations. The motion was seconded by Mr. Wheeler and adopted. Mr. Robert L. Quarles mas reelected Judge of the luniclpal Court for a term of four years beginning October 1, lq60, by the following vote: FOR MR. ~UARLES: Messrs. Cornell. Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .......... The layor then called for nominations for the Substitute Judge Of the iuntcipal Court. Mr. Webber placed in nomination the name of Carroll D. Rea. Mr. Rheeler moved to close the nominations. The motion was seconded by Mr. Young and adopted. Mr. Carroll D. Rea was reelected Substitute'Judge of the Runicipal Court for a term of four years beginning October 1, 1960, by the following vote: FOR MR. REA: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler, Young, and the President. Mr. Anderson ............. There being no further business. Council adjourned. APPROVED COUNCIL. RKCULAR MEETING. Monday. September 12, 1960, The Council of the ~ity of Roanoke me~ In regolar meetin~ ia the Council Chamber in the Municipal Building, Monday, September 12, 1960. at 2':00 **clock, p.m,~ the regular meeting hour, uith the President, Mr. Anderson, presiding. PRESENT: Ressrs, Corn*Il, Dillard. Pollard, Rebbe~, Wheeler', Young, and the President, Mr, Anderson ............ ?, ABSENT: None ................O, OFF ICERS PRESENT: Mr, Arthur S. Owens, City Manager, Hr, Randolph G. Mhittle. City Attorney, Mr. Harry R. Yates, City Audit*r, and Hr. J. Robert Thomas, City Clerk, INVOCATION: The meeting mas opened with a prayer by the Reverend Francis L. Hunt, Pastor, Fairview Methodist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PEITITIONS AND COMMUNICATIONS: ZONIN6: The City Clerk presented a communication from Mr. Thomas C. Crowder, et al., requesting that their properties located on the north side of Shenandoah Avenue, N. M., between Thirty-sixth Street and the east line of Lot 1, Block 2, Section R, Oregon Park, east of Crommorr Street, designated as Lots inclusive, Oregon Park, Official Tax Nos. 26404~1-2fi40436, Inclusive; Lots 1-4, Block 1, Section 2, Oregon Park, Official Tax Nos. 2640526-2640529, inclusive; and Lots 1 and 2, Block 2, Section'R, Oregon Park, Official Tax Nos. 2640612 and 2640613, be rezoned from General Residence District to Business District. Mr. Wheeler moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Dr. Cornell and adopted. SIGNS: The City Clerk presented a communication from Bigh's of Roanoke, Incorporated, requesting that it be granted a permit to install a sign in the sidewalk area in front of its property located at IHOI Melrose Avenue, N. W. Mr. Richard E. Viar appeared as Attorney for the petitioner, advising that the trees in the sidewalk area in front of the property mask a sign located on the property so that it cannot be seen from Melrose Avenue on approaching the Mr. Webber moved to refer th~ matter to the City Manager for study and recommendation. Tie motion was seconded by M~o Pollard and adopted. SENERS AND STORM DRAXNS: The City Clerk presented a petition of sixty- eight residents of the area, reqoesting that Council take the necessary action to eliminate surface mater ~ollecting on Min~sor Aven~e, 5. M., betmeen Dupont Circle Dr. Cornell moved to refer the matter to the City ManaRer for study and estimate of the cost and report thereon. The motion was seconded by Mr. Young and adopted. '25 PURCHASE OF PROPERTY*PARKS AND PLAYGROUNDS: The City Clerk presented a comm~nicetion from th~ Hollins Road Civic League, renaming its veqnest that Council acquire an O.O2-acre tract of land in the Holllns Road area, known as the H. Co Eversole property, for parr purposes, and, in addition, requesting that a community center be erected thereon. Mr. Young mo~ed to*refer the request to ~ committee composed of Messrs. Roy L. Rabbet, Chairman, ~nd Niliis M, ~ndersoo, The mLtio~ mas seconded by Mr. Mheele~ and a~opted, Mr. Webber stated by reason of the expiration of the term of Mrs. Mary C, Pickett on Council a vacancy exists on the committee and moved to direct the Mayor to appoint a new member of Council ~o serve as a member of the committee, The !im'otion mas seconded by Mr. ~oung and adopted, The Mayor then appointed Mr. Roy R, Pollard as a member of the committee, REPORTS OF OFFICERS: BUDGET-ANNEXATION: The City Manager requested an appropriation of $1',210.05 to pay the accounts of Marcus A, Bleler, in the amount of $461.50, and Woodrum and iOregory, in the amount of $74g.55, in connection with the annexation proceedings, Mr, Mheeler moved to concur in the request and offered, the following emer- gency Ordinance: (a14166) AN ORDINANCE to amend and reordain Section ~1~5, 'Annexation,* of'the 1960 Appropriation Ordinance, and providing for an emergency, (For full text Of Ordinance, see Ordinance Book No~ 24, page Mr. Wheeler ~oved the adoption of the Ordinance~ The motion'was second~ :ied ~y Mr, Young and adopted by the following vote: AYES: Messrso Cornell, Dillard, Pollard, Webber, Wheeler. Young, and the ![President, Mr. A~derson ............. 7. NAYS: None ............... BUDGET-BAIL COMMISSIONER: The City Manager requested an appropriation of $1,800,00 to the Bail Commissioner's account to provide for payment of'fees to Bail Commlssi;ne£s for the remainder of the year, Mr,'Young moved to concur in the request and offered the following emer- gency Ordinance: (C14167) AN ORDINANCE to amend and reordain Section ~28, 'Boil Commis- sioner,* of the 1960 Appropriation Ordinance, and providing for a~ emergencyo (For full text of Ordinance, see Ordinance Uook Ho. 24, page 227.) by Mr. Young moved the adoption of the Ordinance. The motion Mas seconded Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Web'er, Mheeler, Young, and the President, Mr. Anderson~ ...... ~ ...... NAYS: None ...........~ .... O. BUDGET-JUVENILE DETENTION HOME: The City Manager requested an approprlat: of $63,20 for the purchase of a bed for the Juvenile Detention Home, the cost of mhich mill be refunded by the Commonwealth, and which has been approved by the State Director of the Department Of Nelfare and Institutions, Br. Jheeler Bored to concur in the request and offered the following emergency Ordinance: (al4160) AN ORDINANCE to amend end reordein Section n144, 'Bepertmentnl Equipment and luproveweots,u of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 227.) Ur. Wheeler~o~d the adoption of the Ordinance. The motion was seconded by Mr..Pollard and adopted by t~e following vote: AYES: Me'sots. Cornell, Dillard, Pollard, Webber, Wheeler. Young, and the President, Hr. Anderson ................ ?. NAYS: None ..................O. BUDGET-COMMONMEALTtl ATTORNEY: The City Manager requested an appropriation! of $500°00 for extra help in the Commonwealth Attorney*s office to provide for a temporary employee to replace an employee in that office on sick leave. The City Clerk presented a letter from the Compensation Board approving the requested appropriation subject to the approval of Council. Rt. Webber moved to concur in the request and offered the following em,f- luency Ordinance: . (=14169) AN ORDINANCE to amend and reordain Section =26, "Commonwealth's i Attorney,# of the 1960 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. page 228.) Mr. Webber moved the adoption of the Ordinance. The notion was seconded by Br. Young and adopted by the following vote: AYES: Messrs. Corn. Il, Dillard, Pollard, Webber, Wheeler. Young, and the President, Mr. Anderson ................ T. NAYS: None .....~ ............ O. PURCHASE OF PROPERTY-PARKS.AND PLAYGROUNDS: Yhe City Manager presented an offer of Sigmon Brothers, real estate agents, to sell to the city two tracts of land lying between Thrasher Park and Carvin Street, west of Vinton Road. at a price of $9,750.00, the property being designated as Official Tax No. 3330403t containing 1.53 acres, owned by the Johnson Estate, priced at $?.950.00, and Tax No. 3330413, containing 0072 acres, owner not listed, at a price of SI,B00.00. the City manager advising that the property of the Johnson Estate has a building thereon, which if altered and added to, might serve as a community center, but that he has made no estimate of the cost of improvements needed. Ur. Corn. Il moved to refer the nat,er back to the City Manager for study and recommendation,including the cost of needed alterations and additions. The motion was seconded by Rr. Wheeler and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager transmitted, without recomm~ndation, a communication from the Department of Public #orks and the Director of Planning, requesting that Council take action to acqnire a strip of land along the west side of First Street, S. W., from Franklin Road north to an alley, and along the north side of Franklin Road, from First Street west a distance of ': :28 70.14 feet, for purposes of widening that intersection, the cost of such land eatima ed ut $23,116.00, the City Manager advising Council that the owners of the property have secured a bpildlng peruit from ~he Building Commissioner for the erection of a building thereon wh.ich would house a mortgage and loan co~pany; that the matter has not been presented to the City Planning Commission because of the shortage of time and due to the extreme urgency for the city to, act immediately in the matter, which in the Judgment of the signers, Messrs. D. Cie*us nroyles, City Engineer, J. D. Sink, Traffic Engineer, and Merner K. Sensbach, OJrector of Planning. exists, the signers pointing out that, this is a key intersection in the cltyts overall traffic plan. #r. James L. Trinkle, representing the owners of the property, appeared before Council and stated that if the city took action to acquire the property at this time. it would be necessary to scrap plans which have been drawn for the build- ing, cancel a lease for a portion of the building which has already been signed, and begin over again, which possibly would result in loss of the mortgage and loan coupany moving to the city, and which would definitely result in a financial loss to the owners of the property. After some discussion, in which it was pointed out that First Street has been widened to ~liminate the jog therein in very recent years, and that it would not be fair to the property owners to take their property at this time. Mr. Wheeler moved to deny the request. The motion was seconded by Dr. Cornell and adopted. REPORTS OF CORMIT~EES: NONE. UhT INISHED BUSINESS: ZONING: Council at itT meeting.of September 6. 1960. having set a public hearing for October 3. 1960. on the request of Mr. W. L. Draper that his property designated as Lots 8-12. inclusive. Linwood Land Company. located on=the southeast corner of Pocahontas Avenue and Seventh Street, N. E., be res.ned from General Residence District to Reavy Industrial Districte the City Clerk presented a com- munication ~rom Mr. John D° Cope~haver. Attorney for the petitioner, advising that since the p~tittoner's property will be considered in the res,ming plan nom b~ing p~epared by the City P~anning+Commission. his client has decided to awai% results of that plan before proceeding in this matter, Mr° Copenhaver.therefore requesting that the public hearing be cancelled and the matter stricken from Council's docket without prejudice. Dr. Cornell moved to concur in the request and strike the matter from Council's docket. The motion was seconded by Mr. Webber and adopted. WATER DEPARTMENT: A request of Mr. Richard T. Edwards. Attorney for the residents of Chapel Forest Subdivision. that the surcharge for pumping ua*er four tt~es be eliminated, and if Council does not eliminate the surcharge, that the body provide for payment by his clients of sewage charges based o9 the basic water rates in the city upon which basis all other citizens are paying their sewage charges. having been tabled at the last meeting o~ Council. the matter was again before the body. Mr, Wheeler moved to direct the City Attorney to prepare an Ordinance amending the City Code to provide*for shmnge treatment charges of forty per'cent to be levied against the basic water rate on all .citizens living in the City of Roanoke, eliminatin~ such forty per cent chaFg~ on water ~urcharge rates for pump- ing water four times or more~ The motion Was seconded by Dr, Corn~ll and adopted, CONSIDERATION OF CLAIMS: NONE. * INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUILDINg DEPARTMENT: Ordinance NO**14143, amending ~nd reordaining subsection 102.1 of Section 102, Permits, of The Official Building Code of the City of Roanoke, 1956, relating to applications for and issu'ance of buldling permits~ having previously been before Council for its first reading, read an~ laid over, was again before the body, Mr. Young offering the foil*ming for its second reading and final adoption: (~14143) AN ORDINANCE amending and reordaining subsection 102.1 of SECTION 102, PERMITS, of The Official Building Code of the City of Roanoke, 1955, relating to applications for and issuance of building permits. (For full text of Ordinance, see Ordinance Book No. 24, page 221.) Mr. Yonng moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Robber, Mheeler, Young, and the President, Mr. Anderson ................. 7. NAYS: None .............. · BUILDING DEPARTMENT: Ordinance No. 14144, amending and reoYdainin9 subsection 702.4 of Section 702, Fire-Resistive Construction - Type A. of The Of- ficial Building Code of the City of Roanoke, 1956. relating to fire-resistive qualities of roofs, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. ~oung offer'lng the following for its second reading and final adoption: (~14144) AN ORDINANCE amending and reordaining subsection 702.4 SECTION 702, FIRE-RESISTIVE CONSTRUCTION-TYPE A, of The Official Building Code of the City of Roanoke, 1956, relating to fire-resistive qualities of roofs. (For full text of Ordinance, see Ordinance Book No. 24, page 222.) Mr. Young moved the adoption of th~ Ordinance. The motion was seconded by Mr. Pollard and adoptEd'by the fbllowlng'vote: AYES:~ Messrs. Cornell, Dillard, Pollard,'Webber, Wheeler, Young, and the President, Mr. Anderson ............ ~---7. ' NAYS: None ................ ,PLUMBING DEPARTMENT: Ordinance No. 1~145, amending and reordatnin9 Sec- tion 43 of Chapter 3, Title IV, of The Code of the City of Roanoke, 1955, ~rescrib- lng minimum standards in quality and weight for plumbing materials used or employed in the city, baying previously been be~ore Council for its first reading* read and laid over, was again before the body, Dr. Cornell offering the following for its second reading ~nd final adoption: :.29 (z14145) AN ORDINANCE amending and reordainieg SEC. 43 of.CRAF~ER 3. TITLE %Va of The Code of the City of Roanoke. 1956. prescribing minimum standards in quality and weight for plumbing material~ used or employed in the City. (For full text of Ordinances see Ordinance Book No. 24. page 222.) Dr. Cornell moved the adoption or the Ordinance. The motion was seconded by Hr. Wheeler and adopted bi the following vote: AYES: #essrs. Corn,Il. Dillard. Pollard. Rabbet. Wheeler. Youngo and the President. Mr. Anderson .............. ?. NAYS: None ................ O. PLORSINO DEPARTMENT: Ordinance No. 14146. amending and reordaining Saetia 76 of Chapter 3. Title BY. of The Code of the City of Roanoke. 1956. prescribing ~!the manner of determining the required size and permissibl~ length of main vents and vent stacks used or employed in plumbing in the city. having previously been libefore Council for its first reading, read and laid over, was again before the body, Mr. Pollard offering the following for its second reading and final adoption: (=14146) AN ORDINANCE amending and reordainin9 SEC. iTIYLE RY. of The Code of the City of Roanoke, 1956, prescribing the manner of deter- mining the required size and permissible length of main vents and yent stacks used or employed in plumbing in the City. (For full text of Ordinancet see Ordinance Book No. 24. page 223.) Ir. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr, Webber and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler, Young. and the !President. Rt. Anderson ............... T. NAYS: None ................. O. PLUMBING DEPARTMENT: Ordinance No, 14147. amending and reordaining Sec- tion' 124 of Chapter 3. Title RY. of The Code of the City of Roanoke. 1956, prescrib- ing the method and manner of making floor connections in plumbing installations in the city. 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: (z14147) AN ORDINANCE amending and reordaining SEC. 124 of CHARIER TITLE X¥. of The Code of the City of Roanoke. 1956, prescribing the method and !!manner of making floor connections in plumbing installations in the City, !! (For full text of Ordinance, see Ordinance Book No. 24. page 224.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded !]by Hr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, Wheeler. Young. and the President, Rr. Anderson ............ NAYS: ~one .............. EASERENTS-APPALACHIAN POI~ER COMPANY-SCHOOLS: Ordinance No. 14~48, author- izing and d~recting the proper City Officials to execute and deliver a deed of easenent to the Appalachian Power Company, in connection with the Wertz Site Elementary School, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Young offering the foil*wing for its second reading and final adoption: (~14148) , AN ORDINANCE authorizing and directing the proper City orficiaisi to execute and deliver a deed of easement to the Appalachian Power Company. (For full text of Ordinance, see Ordinance Book No. 24, page 225.) Mr. Yovng moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: #essrs. Corn*Il, Dillard, Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson .............. NAYS: None ................O, EASEMENTS-APPALACHIAN POMEM COMPANY-SCHOOLS: Ordinance author-i No, 14149, izing and directing the proper City Officials to execute and deliver a deed of teas*meatto the Appalachian Power Company, in connection with the proposed Milliam tFlemln~ HigbdSC~l whaving ~revJously been before C .... il for its first reading iread a d Iai o . as agai before the body. Mr. Pollard offering the following for its second reading and final adoption: (z14149) AN ORDINANCE authorizin9 and directing the proper City Officials to execute and deliver a deed of easement to the Appalachian Power Company. (For full text of Ordinance, see Ordinance Book No. 24, page 226.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded b~ Dr. cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ............... NAYS: None .................O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of Septem- ber 6. 1960, having directed the preparation of an Ordinance providing for acquisition of five feet off the front of properties located on both sides of the 300 block of Fleming Avenue, N. E.. under certain terms and conditions, Mr. ~ebber offered the following emergency Ordinance: (zI41TO) AN ORDINANCE authorizing and providing for the acquisition of certain strips or parcels of land necessary for the widening of a portion of Fleming; Avenue, N. E., between Montague Street and Oliver Road, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 229.) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornpll, Dillard, Pollard, Webber, Nheelero Young, and the President. Mr. Anderson .............. NAYS: None ................O. The City Manager having previously reported that construction of the curb and gutter in the 300 block of Fleming Avenue would cost $1,400.00, Mr. Webber of- fered the following emergency Ordinance appropriating that sum: 32 (o14171) AN ORDINANCE to amend and reordain Section o140, "Street Con- strut*ion,w of the 1960 Appropriation Ordinance, and providing rot nn emergency. (For full text of Ordinance, see Ordinance Dook No, 24. pn~e 230,) Mr. Webber moved the adoption of the Ordinance, The motion was seconded iby Mr. Mbeeler and adopted by the ~ol]omJeg vote: AYES: Messrs. Cornello Dillard, Pollard, Webber, Wheeler, Young, and the President, Hr. Anderson .............. ?. , ~AYS:, ~one .... ............ O, MOTIONS AND MISCELLANEOUS BUSINESS: ZONING: Mr. Pollard stated that he had occasion to visit the office of ~the Board of Zoning Appeals during the last week; that arriving there he found the !!office closed, with no directions available for securing the desired information, :,or where to contact representatives of the said Board, which is not In keepin~ with il*he osoal efficiency of the city government, Mr. Pollard requesting that he be iadvised of the status of the office of the Board of Zoning Appeals. The City Manager advised that he has on this date arranged for a si~n to be placed at the office of the Board of Zoning Appeals giving the information men- tioned by Mr, Pollard; that the condition has been brought about by the removal of the City Planning Commission office to the Health Center, necessitating the closin9 of the office of the Board of Zoning Appeals a portion of the time, because a single secretary served both the Board of Zoning Appeals and the City Planning Commission, and that he is attempting to secure secretarial help for the Board of Zonin9 Appeals on a part time basis and hopes to solve the problem within the next ten days or ,two ~eeks. QUALIFICATION OF OFFICERS: The City Clerk reported that.the following !irecently appointed Board Members have qualified: Mr. John N. Eure and Dr. L. C. :!Downing as members of the Roanoke City School Board; Mrs. George A. Layman, Mrs. !Barton M. Morris, Sr., and Mr. Bubert S. Leonard as members of the Library Board; and Mr. J. Robert Thomas as a member of the Board of Trustees. Employees' Retirement '! Sy stem. Mr, Wheeler moved to file the report. The motion was seconded by Mr. IYoung and adapted. ELECTION OF OFFICERS: The Mayor announced that certain vacancies and !iexpiring terms of certain boards and commissions were laid over from the previous ilmeettng of Council, The Mayor called for nominations for three vacancies on the City Planning ii Cammission, the terms of which will expire. December. 31, ![ Mr, Wheeler placed in nomination the name of Mr, Julian H, Martin, ii Mr, Young placed in nomination the name of Mr, Henry B, Boynton, Mr. Webber placed in nomination the name Of Mr, David Dick, Mr, Wheeler moyed to close the nominations, The motion was seconded by Webber and adopted. II Messrs. Julian H. Martin, Henry D. Boynton, and David Dick were elected members Of the City Planning Commission for terms to expire Hecemher 31, 1960, by the following vote: FOR Ifa. MARTIM: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young end the President, Mr. Anderson .......... ?. FOR HR. DOYh~OM: Ressrs. Cornell, Ditlard, Pollard, Webber, Wheeler, Young, and the President, Hr. Anderson ......... ?. FOR I/R. DIC£: #essrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President. Hr. Anderson ................ The Mayor then called for nominations to fill an unexpired term on the Youth Commisslon which must he a member of the Council of the City of Roan.he. Mr. Pollard placed in nomination the name of Dr. C. R. Corn*Il. Hr. Wheeler moved to close the nominations. The motion was seconded by Mr. Webber and adopted. Dr. Charles M. Cora*Il was elected a member of the Youth Commission for an unexpired term ending April 30, 1951, by the following vote: FOR DR. COR~LL: Messrs. Dillard, Pollard, Webber, Rheelcr, Young, and the Pre$id.ent, Mr. Anderson ............. 6. (Hr. Corn*Il not voting) The Mayor then culled for nominations for two members of the Sinking Fund Commission for three year terms expiring August 31, Mr. pollard placed in nomination the names of Messrs. Elm.re D. Helms, and Thomas P. Parsley for reelection as members of the Sinking Fund Commission. Mr. Young moved to close the nominations. The motion was seconded by Mr. Rheeler and adopted. Messrs. £1more D. Helms and Thomas P. Parsley were reelected as members of the Sinking Fund Commission for terms expiring August 31, 1963, by the following vote: FOR MR. HEINS: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young,' and the President, Mr. Anderson .............. FOR MR. PARSLEY: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ....... ?. The Mayor then called for nominations for a member of the Roanoke Re- development and Housing Authority for a term of four years expiring August $1, Dr. Cornell placed in nomination the name of Mr. C. Fred Mangus for reelection to the Board. Mr. Rheeler moved to close the nominations. The motion was seconded by Mr. Young and adopted. Mr. C. Fred Mangus was reelected a member of the Roanoke Redevelopment and Housing Authority for a term of four years expiring August 31, 1964, by the following vote: FOR tlR. MANGUS: Messrs. Cornell, Dillard, Pollurd, Webber, Wheeler, Young, and the President, Mr. Anderson ............ 7. 33 The #olor then called~for aomiootiona for o member of the 5oard of Appeal, 5uildlng Code, for a term of rive lears to expire Septeuher 30, 1965, #Fo Webber norad to table the matter until the next nearing of Council. The aotion nas neconded bi Dr. Coraell and adapted. There being no further buslnesso Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday. September 19, 1960. The Council of the City of Roanoke met lo regular meeting in the Council Chamber In the Mum!cipai Buildiog, Monday, September lg, 1960, at 2:00 oeclock, p.m., the regular mee~lag hour, with the President, Mr. Anderson, presiding. PRESENT; Messrs, Cornell, Pollard. Webber, Wheeler, and the President, Mr. Anderson ..................................... S. ABSENT: Messrs. Dillard and Young .....2 OFFICERS PRESENT: Mr. Randolph G. Rhittle. City Attorney. Mr. William F, Origgs. Assistant City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend D, Prlc~ Bylton, Actlfl9 Pa~tor, Central Church o£ the Brethren. MINUTES: Copy of the minutes of the regular meeting held on September 6, 1960, having been furnished each member of Council, upon motion of Mr. Wheeler. seconded by Dr. Cornell and adopted, the reading was dispensed with and the mina,es: approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p.m., Monday, : September 19. 1960, on the request of Mr. Robert E, Mundy, that his property located on Colonial Avenue, S. W., designated as Official Tax No. 12B0303, be rezoned from ' General Residence District to Special Residence District, and mu.lie of the hearing having been published in The Roanoke World-Nems on September 2, 1960, and the City Planning Commission having previously recommended that the request be granted, the hearing mas held at which no one appeared in opposition. Mr. Charles O. Fox, III, Attorney for tbepetitioner, appeared and re- quested that his client*s petition be granted. Mr. Wheeler moved to concur in the request and offered the following Ordinance: (~14172) AN ORDINANCE to amend and reenact Title XV, 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 that certain parcel of land lying between Colonial Avenue. S. W., and the Norfolk and Western Railway Company*s right-of-way, fronting 306.63 feet on the southerly side of Colonial Avenue, containing 1.316 acres~ and being designated as Official Tax No. 1280322, rezoned from General Residence District to Special Residence District; and RHEREAS. the City Planning Commission has recommended that the hereinafter described land be rezoned from General Residence District to Special Residence District; and WHEREAS, 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 .35 '36 NRSREAS, the hearing ss provided for. in said notice wes held on the 19th day of September, 1960, at 2:00 o*cloc~, p. m** before the Council of the City of Roanoke, at uhlch hearing nil parties in interest end citizens uere given nn opportunity to be heard both for end against the proposed renoning; end NRSRSAS, this Council, after cousidering the evidence presented, is of the opinion that the hereinafter described land should be rezoued. THEREFORE, NN 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, 1956. relating to Zoning. be nuended and reenacted in the following particular and no other, Property located on Colonial Avenue, S. W., described as that certain parcel of lnnd lying between Colonial Avenue. S. ~., and the Norfolk end #astern ~ail~ay C~mpany's right-of-way, fronting 306.63 fact on the snuthcrly olde ef Colonial Avenue, containing 1.316 acres, designated on Sheet 12§ of the Zoning Map as Official Tax No. 12B0322, be, and is hereby, changed from General Residence District to Special Residence District and the Zoning Nap shall be changed in this respect. Mr. Nheeler moved the Ordinance on its first reading. The motion nas seconded by Or. Cornell and adopted by the following vote: AYES: Nessrs. Cornell, Pollard. Mehber, Nheeler, and the President, NAYS: None---O. (Ressrso Dillard and Young absent) ZONING: A public hearing having been set for 2:00 o'clock, p. m., Monday, September 19, 1960, on the request of Mr. G. E. Cecil. et al., that their properties located on the north side of Nelrose Avenue. N. W., betueen Sixteenth Street and Seventeenth Street, deisgnated as Lots il and 12, Block 52, Melrose Land Company, and the recommendation Of tbs City Planning,Commisiion that Lots 13 and 14, adjacent thereto, and Lots 3. 4, 5, and 6, Block 52, Melrose Land Company, located on the south side Of Orange Avenue, N. W., between Sixteenth Street and Seventeenth Street, be renamed from General Residence District and Special Residence District to Business District, and notice Of the hearing having been published in The Roanoke Morld-News on September 2, 1960, 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. Charles E. Vier, Attorney for the petitioners, appeared before Council and requested that the land be renamed as recommended by the City Planning Commission. NF. Pollard moved to concur in the request and offered the following Ordinance: (~14173) 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. NREREAS, application has been made to the Council of the City of Roanoke to have Lots 11 and 12, Block 52, according to the Map of Melrose Land Company, located on the north side Of Relrose Avenue. N. N., between 16th Street and 17th Street, renamed from Special Residence District to Business District; and BHSRBAS, the City Planning Cowmlssion. to whom the wntter was referred by the Council, bas re¢owmended that the aforesaid application be granted by the Council ~and that, in addition, Lots 13 and 14, Block 52. according to the nap of the aforesaid land company, likewise located on the north side of Melrose Avenue, N. M., between 16th Street and l?th Street, be rezoned from Special Residence District to Business District. and that Lots 3. 4, 5, and 6. Block 52. of the aforesaid land cowpnny*s m~p, located on the south side of Orange Avenue, No betueen 16th Street and l?th Street be reached from General Residence District to Business District; and BHEREAS. us directed by Council. notice of the proposed reaching of all of the aforesaid eight lots has been published in "The Roanoke ¥orld-Neus.# a news- paper published in the City of Roanoke. for the time and in the manner required by Title IV, Chapter 4, Section 43. of The Code of the City of Roanoke, lgSb, relating to Zoning; and RHEREAS, the public hearing provided for In said notice was held on the ilgth day of September. 1960. at 2:00 o'clock, p. m., before the Council of the City 'of Roanoke, at which hearing all parties in interest and citizens were 91yen an ~°pp°rtunity to be heard both for and against the proposed reaching; and WHEREAS, this Council, after considerin9 the evidence presented, is of the opinion that the hereinafter described lots should be reaoned as hereinafter liProvtded. THEREFORE, BE XT ORDAINED by the Council of the City of Roanoke that Yltle 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.: Property located on the north side of Melrose Avenue. N. W.. between lbth Street end 17th Street, described as Lots 11. 12. 13, and 14, Block 52, according to the Map of Melrose Land Company, designated on Sheet 222 of the Zoning Map a~ Official Tax Nos. 2221611, 2221612. 2221615, and 2221614, be, and is hereby. changed from Special Residence District to Business District; and property located on the south side of Orange Avenue, N. W., between 16th Street and 17th Street, described as Lots 3, 4. 5, and 6. Block 52. according to the Map of Melrose Land Company, designated on Sheet 222 of the Zoning Map'as Official Tax Nos. 2221603. 2221604. 2221605. and 222160b, be, and is hereby, changed from General Residence District to Business District; and the Zoning Map shall be changed in all of the aforesaid respects. Mr. Pollard moved the Ordinance on its first reading. The motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Pollard. Webber, Rheeler, and the President, Mr. Anderson ............ ~--5, NAYS: No~e ...... OD (Messrs. Dillard and Young absent) ZONING: A public hearing having been set for 2:00 o'clock, p. mo. Monday, i September 19, 1960/ on the request of Mr, George i. Turner, et al., that their ~.,37 Street ted Juniper Street, designsted us Lots 11-19. Inclusive. Diner 3, Uestuood Annex, be reaoned from General Residence District to Business District. mud notice of the hearing having been published in The Roanoke World-News ne September 2, lgGO smd the City Plnnnleg Commissinn having previously recommended that the request be grunted, the hearing wns held at which no one appenred in opposition. Mr. Richard T. Edwordso Attorney for the petitioners, appeared and requested that Council grant the rezoning as recommended by the City Planning Dr. Cornell moved to concur in the request and offered the following Ordinance: (n14174) AN ORDINANCE to amend and reenact Title l¥, Chapter 4. Section 1, of The Code of the City of aoanohe, IgSG, in relation to Zoning. RBEREAS, application has been made to the Council of the City of Ronnok, to bare those lots fronting on Shennndonh Avenue. N. W., between Beech and Juniper Streets. k ...... Lots Il. 12. 13. 14. l S. 16. 17.18. and lg. Block ~. ,estwood Annex Map, bearing Official Tax Nos. 263060T, 2630606, 2630604, 2630603, 2630602. and 2630601. rezoned from General Residence District to Business District; and WHEREAS. the City Planning Commission has recommended that the herein- after described land be rezoned 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, 1956, relatin9 to Zoning, has been published in *The Roanoke World-News** a newspaper published in the City of Roanoke. forthe time required by said section; and WHEREAS. the hearing as provided for in said notice was held on the lgth day of September. 1960. at 2:00 o'clock, p. m., before the Council of the City of Roanoke. at which hearing all parties in interest and citizens were opportunity to be hoard both for and against the proposed rezoning; and given on MHER£AS. this Council. after considering the evidence presented, is Of the opinion that the hereinafter described land should be rezoned. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title XV. Chapter 4. Section l. Of The Code of the City of Roanoke. 1956. tainting to Zoning. be amended and reenacted in the folloming particular and no other. Property located on Shenandoah Avenue. N. W.. between Beech and Jnniper Streets. described as Lots 11. 12. 13. 14. 15. 16. 17. lB and lg. Block Mestwood Annex Map. designated on Sheet 263 of the Zoning Mop as Official Tax NOS. 2630607, 2630606, 2630604, 2630603, 2630602 and 2630601, be, and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this re,pact. Dr. Cornell moved the Ordinance on its first reading. The motion was seconded by Mr. Poi'lard and adopted by the following vote: ' ant AYES: Messrs. Cornell, Pollard, Webber, Wheeler, and the Presid , NAYS: None .....O. (Messrs. Dillard and Young absent) ZONINGs A public hearing having been set for 2:00 oeclock, p, m., Monday, September 19, 1960, on the request of Self-Service Stations. Incorporated. and ~obn L. and Lois L. Contrail that their properties designated as Lots 9, 10, 19, and 20, Block 4; and Lots 9, 10, 17. 16o and 19o Block 9, Colonial Heights, located on Brandon Avenue, S. M,. at Colonial Avenue, be rezoned from General Residence District to Business District. and notice of the hearing baying been published in The Roanoke Norld*News On September 2, 1960, and the City Planning Commission having previously recommended that the request be denied on the basis that business use of the property would create an additional traffic burden and a hazard, the hearing was held at which no one appeared in opposition. Mr. Richard T. Edwards, Attorney for the petitioners, appeared before Council, along math Mr. Roy R. Pollard. Jr.. representing Self-Service Stations. Incorporated. and advised Council that this matter has been pending over a period of years; that the property in question is of such nature that it cannot he used for residential purposes; that all the property on both sides and across the street is zoned for commercial use; that the terrain of the property is such that the dedicated streets and alleys through it can never be opened for public use; that the present request for reaoning, if granted, would be followed by a request for closing ofthe said streets and alleys so that the property might be consolidated and used for business purposes in order that th~ owners may receive some financial return therefrom, which mould in turn provide additional taxes for the city; that the Planning Commission and the city*s Engineering Department have been concerned about widening Brandon Avenue and Colonial Avenue adjacent to the properties con- cerned; that the owners have offered to cooperate with the city in making available the property needed for street widening purposes over a period of years and have been unable to determine from the city bom much property is needed; that if and when the city determines the amount of property needed from the tract in question the owners mill still cooperate with the city, it being their intention, if the property is available for business use, to set back such buildings as may be erected thereon to provide Off-street parking; and that they do not believe any appreciable amount of traffic would be generated by reason of use of the property, Mr, Edwards requesting that Council 9rant his client*s petition, since in his opinion, no reasonable objection thereto has been advanced by the Planning Commission. Dr. Cornell moved to concur tn the request and offered the following Ordinance: (~14175) A~ ORDINANCE to amend and reenact Title X¥. Chapter d. Section of The Code of the City of Roanoke, 1956, in relation to Zonin9. RHEREAS, application has been made to the Council of the City of Roanoke to have Lots 9, 10, 19, and 20, Block 4; Lots q, 10, 17, 18, and 19, Block 9, i fronting on Brandon Avenue, S. M., between Colonial Avenue and Lynn Avenue, Map '!*of Colonial Heights bearing Official Tax Nos. 1271309, 1271310, 1271316, 1271317, l127180g'District to1271810*Business1271817'District-1271818*and and 1271819, rezoned from General Residence 3¸9 MDSREAS. the ~lty Planning GommisJion hms recommended that rezoning of the hereinafter described lind from General Residenc~ District to Duslness District be denied~ and ~ MHERSAS. notice required by'Title X¥. chapter 4. section 43. of The Code of the City of Roanoke. 1956. relating to Zoning. hms been p~blisbed In m~he Roanoke Morld-Nems.m a newspaper published in the City of Roanoke. for the time required by said section; and MHEREAS. the hearing as provided for in said notice was held on the 19th day of September. 1960. at 2:00 o'clock, p. ,.. before the Council of the City of Roanoke. et which hearing all parties in interest and citizens were given an opportunity to ~e heard both for end against the proposed rezoning; and MHEREAS. this Council. after'considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE. DE 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 Drandon Avenue, S. M** between Colonial Avenue and Lynn Avenue. Map of Colonial Heights, described as Lots 9, 10, 19, and 20. Block 4; Lots 9. 10, IT, 1~, and 19, Block 9, designated on Sheet 127 of the Zoning Map as Official Tax Nos. 1271309, 1271310. 1271316, 1271317, 127160g, 1271810, 1271617, and 1271019, be, and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed In this respect. Dr. Cornell moved the Ordinance on its first reading. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell, Mebber, Mheeler, and the President, Mr, Anderson ......................... 4. NAYS: None ........... O. (Messrs. Dillard and Young absent; Mr. Pollard not voting) PETITIONS AND COMMUNICATIONS: BUSES: The City Clerk presented a communication from Safety Motor Transit Company. asking for authority to increase its cash fares from 15~ to 20~, and to provide for the sale of two tokens for 35~ with no change in schoolfares, weekly passes and free transfers. Mr. Leonard G. Muse, Attorney for the company, and Mr. R. D. Cassell. Vic~-President, appeared before Council ~d explained that the request iS necessi- tated principally by the increase in wages and vacation benefits granted the company's employees as of July 1, 1960, and the increased depreciation costs which will result from seven new buses to be delivered to the company in the next month, together with other increased operating costs, advising thai the requested fare increase uould produce an annual gross income of $95,413.00 before taxes,or a net amount of $44,44U.00 ~hich would be minimum required to provide a conservative return On the total investments involved, and presented u financial statement of the company*s operations and financial status to Council. 127161G Mr. Webber moved to refer the request to i committee composed of Messrs. Vincent S. Wheeler, Chairman, Roy R. Pollard. C. M. Cornell, and Arthur S. Owens for study and recommendation. The motion was seconded by Mr, Pollard end adopted. SEWERS AND STORM DRAINS: The City Clerk presented a petition from resi- dents of the 1400 and 1500 blocks of Main Street, S, W., requesting that Council their properties by reason of inadequate storm drainage and seuage facilities. It appearing that this matter has previously been before Council and that the City Manager has an estimate of the cost and a plan to relieve this situation for submission to Council math his 1961 budget. Dr. Cornell moved to request the City Manager to submit the plan and cost estimate to Council at its next regular meeting. The motion mas seconded by Mr. Wheeler and adopted. BUILDING DEPARTMENT: The City Clerk presented a communication from Hr. David Dick. submitting his resignation as a member of the Board of Appeal - Building Code. effective September 15. lq60, advising that his reason for submlssiou of this resignation is that it is necessary in order to qualify ns a member of the City Planning Commission, Mr. Webber moved to receive and file the communication. The notion was seconded by Mr. Wheeler and adopted. PENSIONS: The City Clerk presented a communication from the Board of Trustees, Employees' Retirement System, advising that it has on file in its secretary*s office and available tomembers of Council, an actuarial report of the system for the year 1959, prepared by Mr. George B. Buck, actuary Of the system. Dr. Cornell moved to file the report. The motion was seconded by Mr. Wheeler and adopted. ZONING: The City Clerk presented a communication from Benalder Bayes, et al., requesting that their properties located on the south side of Melrose Avenue. N. W.. between Thirty-sixth Street and Fentress Street, designated as Lots 1. 2, and 3, Section 1, Bouell Map, be rezoned from Special Residence District to Business District. Mr. Wheeler moved to refer the request ~ the City Planning Commission for study and recommendation. The motion mas seconded by Dr. Curuell and adopted. SPECIAL PERMITS: The City Clerk presented n communication from Rutrough Motors, Incorporated. requesting that it be granted u permit to tostallumire line across Luck Avenue. between its properties in the 300 block, for use in an Inter- Wr. Wheeler moved to refer the request t5 the City Manager for study and recommendation. The motion Has seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS: NONE. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAXMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: WATER DSPART#ENT: Council et its meeting of September 12, 1960, having directed the preparation or on Ordinance to amend the City Code so os to equalize the charges imposed upon customers of the Water Department for semage treatment. Mr, Rheeler offered the following Ordinance: (m141?6) AN ORDINANCE amending the City Code so os to equalize the charges imposed upon customers of the Water Department. receiving gravity flow and pumped mater, for sewage treatment. BE IT ORDAINED by the Council of the City of Roanoke that subsection (al of Section 14. *Charges for scientific treatment and disposal - Impositiont, of Article II. 'Sewage Disposal'. of CHAPTER 7. 'Semers and Semage Disposal'. of Title XVII. 'Streets, Sidewalks and Sewers', of The Code of the City of Roanoke, 1956, be. and said subsection (a) is hereby, amended and reordained so as to read and provide as follows: (a) Upon all regular customers of water from the mater department, forty per cent of the proper amount of their periodic water hills. less increased charges, if nay. imposed for pumping. Mr. Rheeler moved the Ordinance on its first reading. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Webber, Mheeler. and the President, Rt. Anderson ...................... NAYS: None ...........O. (Messrs. Dillard and Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: QUALIFICATION OF OFFICERS: The City Clerk reported that the following officials recently reelected by Council have qualified for office: ar. J. Robert Thomas, City Clerk; Rt. Randolph C. Mba*tie. City Attorney; ar. Harry R. Vates, City Auditor; Judge Robert L. Quarles, Judge of the Runicipal Court; and Judge Carroll D. Rea. Substitute Judge of the Runicipal Court. Rt. Rabbet moved to file the report. The motion was seconded by Mr. Wheeler and adopted. BUILDING DEPARTMENT: Council at its meeting of September 12. lq60, having tabled until its regular meeting of September 19. 1960. the question of appointing a member of the Board of Appeal - Building Code. for a five year term beginning October 1. 1960. the matter was laid over until the next meeting Of Council because of the absence of two members. There being no further business. Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday, September 26, 1960. The Council of the City of Roanoke met ia regular meeting in.the Council Chamber in the Municipal Building, Monday, September 26, 1960, at 2:00 **clock, p. mo, the regular meeting hour, mith the President, Mr. Anderson, presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Mebber, Rheeler, Young, and the President, Mr. Anderson .............. 7. ABSENT: None ...................Oo OFF ICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. James N. £Jncanon', Assistant City Attorney, Mr. Marry R. Vat.s, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend Gustaf A. Johnson, City Rescue Mission. MINUTES: Copies of the minutes of the regular meetings of September 1960, and September 19, 1960, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Pollard and adopted, the reading mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: MUNICIPAL AUDITORIUM: The City Clerk presented a communication from the Roanoke Chamber of Commerce, transmittin9 a report of its Civic Center Sub-Committee dealing mith the proposed municipal auditorium. Mr. Edmund Ps Goodwin, Chairman of the Civic Center Sub-Committee of the Chamber of Commerce, appeared before Council and stated that the Chamber of Commerce is of the opinion that a high priority should be given to construction of a muni- cipal auditorium to meet the need for such a structure in the community and that the Chamber is willing and anxious to assist in bringing this project to fruition, Mr. Mebber moved to refer the report to a committee composed of Ressrso Vincent S. Wheeler, Chairman, Willis M. Anderson. and Walter L. Young. presently studying the proposed auditorium, for inclusion in its study. The motion was secondL ed by Dr. Corm. Il and adopted. AIRPORT: The City Clerk presented a notice of American Airlines, Incor- parated, that it has filed a petition under Section 401(g) of the Federal Avia*lob Act for termination or suspension of its authority to serve Roanoke. Mr. Richard Fo Pence, Attorney for the Roanoke Chamber of Commerce, appear- ed before Council and stated that the Roanoke Chamber of Commerce intends to oppose the application of American Airlines and do all in its power to assure the city maximum commercial airline service; that the Chamber of Commerce is hopeful that all of the people in the Roanoke Valley will join in an effort to obtain such maxi- mum airline service; that Council should file with the Civil Aeronautics Board a notice that it intends to intervene, and also ask for an adequacy study Of American' airline service to the city. .43 #Fo Webber,moved to receive and file the notice, The motion mas seconded by Mr. Rheeler mad adopted, DF, Cornell moved to refer the matter to n committee composed of Ressrs, Roy Lo Webber, Chairman, Marry R. Yates, and Arthur S, Owens for study and recomo mendatfon.' Themotfos mas seconded by Mrs Dillard and adopted. REFU~DS.ANM REBATES-LICENSES: The City Clerk presented a communication from Mrs. #o N. Glllesple, advising that her late husband. Dr, W. N. Glllespie. had taben out a city license for his dental praotice for the lear 1960 and paid one-bali thereof Jn January, under mhich license he had practiced his profession for one month during the first part of the year and spent the remainder of his time in a 'hospital where he died on July 24, 19601 that during his hospitalization u fellow dentist mhd was also licensed by the city used his office, HFS, 6iilespie requ~stlng that under the circumstances the second half of the license amounting to $110,13, plus a city fee of $.75. and a penalty of $]1o01o making a total of $12%~g, be abated, . Mr, hheeler moved to refer the request to the City.Attorney with the. direction that he furoish Council an opiuio&~ as to whether or.not it may comply with! the request, The motion was seconded by Mr, Young and adopted, REPORTS OF OFFICERS: AIRPORT: The City Manager reported that the contract with The Fidelity and Casualty Company of ~ew York for the sale of travel insurance policies and the leasing of certain space in the terminal building at the Municipal Airport expired On September 1° 1960, and recommended that Council authorize a hem con°Fact with the said company identical to the expired don°race under which the company paid to the city thirteen per cent of all money received by it through its automatic in- surance dispensing machines or otherwise collected by its insurance coverage and a rental equal to $5,00 per square foot per year for the space occupied in the said building. Mr, Wheeler moved to concur ~n the request of the City RanaRer and offered the following Ordinance: (~14177) AN ORDINANCE authorizln9 the execution of a contract with The Fidelity ~ Casualty Company of New York for the sale Of travel insurance policies and the leasing of certain space in the terminal building at Roanoke Municipal Air- port, WHEREAS, The Fidelity ~ Casualty Company of New York has executed and tendered the City, for its execution, a contract dated September 1, 1960, for the sale of travel insurance policies and the leasing of certain space in the terminal building at Roanoke Municipal Airport upon substantially the same conditions as are contained in the City*s contract for the sale of travel tmsurance policies which expired on the first day of September of this year; and WHEREAS, the City Manager has recommended to the Council acceptance of said contract, which embraces a period Of one year and is subject to a renewal Of one uddittoaal year, and that the proper City Officials be authorized to enter into such an agreement. ,! THEREFORE, BE IT ORDAIWED by the Council of the City of Roanoke that the City Manager and the City Clerk he, and they are hereby, authorized and dlrecled to execute and ~ttest. r~spectiv~ly, a written agreement dated the 1st day of Sept- ember, 1960, for and on behalf of the ~ity, with The Fidelity 6 Casualty ~onpany of New York, granting said company the right and privilege to sell insurance policies at Roanoke Municipal Airport agreeable to the terms and conditions of said contract presently on file in the Office of the City Clerk, pursuant to which, among other things, said ~nderwrJter agrees to pay the City an amount equal to 13 per teat Of all monies deposited in its automatic insurance dispensing machines or otherwise collected by it for insurance coverage and** f~rther, to pay as rental an amount equal to $5.00 per square foot per year for the 42.58 sqaare feet of lobby SpaCe required. RE IT FURTHER ORDAINED that this ordinance shall be in effect as of and from the 1st day of September, 1960. Mr. Wheeler moved the Ordinance on its first reading. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Mebber, Wheeler, Young, and the President', Mr. ~nderson ......... ~ ........ 7'. NAYS: None ....................O. BUDGET-AIRPORT: The City Manager advised that due to the extreme weather encountered during the past winter it will be necessary to effect certain repairs on runmays at the Municipal Airport for which no funds are available, and requested that an appropriation of $1 ' ,500.00 be made for this purpose. i Mr. Young moved to concur in the request and offered the following emer- gY {i (~14176) AN ORDINANCE to amend and reordain Section ~Oa. 'Airportt* of ithe 19~0 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 235.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler. Young, and the President, Mr. Anderson ............... 7. NAYS: None .................O, BUDGET-CITY AUDITOR: The City Manager requested an appropriation of $1.000.00 for replacementof a Protect.graph machine in the office of the City Auditor which was eliminated from the budget prior to its adoption and is necessary at ~his time to replace the machine presently u~ed in that office which is no longer econom- ically usable. Mr. Pollard moved to concur in the request and offered [he fo[lowlng emer- gency Ordinance: (#14179~ AN ORDINANCE to amend and re~rdaln Section g144, ~Departmental ~quipment and Improvements,* of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 24, page 236.) "45 Mr, Pollord moved the odopLlon of the Ordinonceo The motioa was seconded by Mr. Young and adopted by the follomlug rote: AYES: Messrs. Co'nell, Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr. Anderson ............. NAYS: None ............... O. BUDGET*SEWERS AND STORM DRAINS: The City Manager requested an a~propria- tion of $500.00 to Contractors in the Sewer and Drain Constraction account to cover certain advertising costs and cost of permits to open state highways for which no funds are available. Mr. Webber moved to concur in the request and offered the foil*wing emer- gency Ordinance: (~14160) AN ORDINANCE to amend and reordain Section al41, WSewer and Drain Construction,u of the 1960 Appropriation Ordinance, and providing for an em*r-1 gency. (For full text of Ordinance, see Ordinance Book No. 24, ~age 236.) Mr. Nebber moved the adoption of the Ordinance. The motion was seconded i :by Mr. Pollard and adopted by the following vote: AYES: Messrs. Corn*lit Dillard, Pollard, Webber, Wheeler. Young, and the NAYS: None ................. O. BUDGET-PLANNING COMMISSIONS: The City Manager requested an appropriation of $54~.25 for the purchase of an electric typewriter in the City Planning Commis- i sion office, which request is based upon the fact that the City Planning office has recently been moved to the Health Center, thus separating it from the office of the i! Board of Zoning Appeals, and the typewriter used jointly by the offices has been i ii left with the office of the Board of Zoning Appeals. Dr. Corn*Il moved to concur in the request and offered the following (~14161) AN ORDINANCE to amend and ~eordain Section ~144, "Departmental I ilEquipment and Improvements,# of the 1960 Appropriation Ordinance, and providing for ;, an emergency. (For full text of Ordinance, see'Ordinanc~ Book No. 24. page 237.) Dr. Corn*Il moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, and the Presi- dent, Mr. Anderson ......................... NAYS: Mr. Young .................1. pURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council at its meeting of September 12, lqGO, having referred to the City Planning Commission for study and recommendation an offer of Sigmon Brothers to convey to the city two tracts of land lying between Thrasher Park and Corvin Street, west of Vinton Road, at a price of $9,750.00, the City Manager reported that a careful survey of the property indicates that the land is not~ needed as a supplement to the 22-acre Ybrasher Park; that the building on the property is too small for vse as a civic center, nad even though it mere remodeled, would not be suitable rot that purpose; that the building is below the sewer line in the area and connection theremfth would he an expensive problem; that to refurbish the building, clean the grounds, and make a parking area, etc,, mould necessitate an expenditure Jn excess of $7.500,00; and that in his opinion the price asked for the property Js excessive;'tberefore, he cannot recommend pur- chase of the property, #re Iheeler moved to concur in the report er the City Manager, The motion nas seconded by Mr. Young and adopted, PURCHASE OF PROPERTY-ZONING-PARKS AND PLAYGROUNDS: The City Manager sub- mitred an offer of the Raleigh Court Corporation to sell to the city Lots 1, 2 and i3, Hlock ~0, Raleigh Court, located on the southmest corner of Drandon Avenue and Crandin Road, S, W** at a price of $20,000,00, and advised that this is the second offer received for this property and that the City Planning Commission and the ISchool Hoard have previously recommended purchase thereof, the City Manager stating Ithut in his opinion this matter should be tabled for consideration along with the i1961 budget, Mr. Wheeler moved to table the matter for consideration aloe9 with the 1961 budget, The motion was seconded by Mr. Pollord and adopted. SEI~HS AND STORM DRAIHS: Council at its meeting of September 190 1960, j!havlng referred to the City ManageF for stud! and recommendation a request of resideots of the 1400 and 1500 blocks of Main Street, S. No, that necessary~steps be taken to :relieve the draina9e and sewage problems affecting their properties, the City Hahn- get reported that lo connection with the 1951 budget he has prepared a plan to relieve the storm water problem in the area at an estimated cost of approximately i$20,000o00, which plan he submitted to Council, Mr. Young pointed out that the plan submitted BY the City Manager provides for replacement of an existing 24-inch storm drain with a 36-inch line and suggested ithat the City Manager consider paralleling the existing line with a line smaller than 36 inches which he believes will reduce the cost involved by making use of the existing line. After considerable discussion, Mr. Webber moved to direct the City Manager to study the numerous drainage problems of this nature in the city and after deter- mining the three mhich create the worst conditions and are most urgently in need of ~attention'to advertise for bids for those three projects, said bids to be presented to Council for its consideration. The motion was seconded by Dr. Cornell and adopted. STATE HICHWAYS: The City Manager reported that pursuant to Ordinance No. 14136, adopted on the 22nd day of August, 1950, he has attempted to acquire certain real estate and rights in real estate necessary for construction and improvement of a portion of State Route 117, Project No. 0117-128-070, lying within and adjacent to the City of Roanoke, with the result that Parcel No. 5, owned by Caldwell, et ax** was conveyed to the city on September 20, 19bO; that Mr, Robert '47 Layman, owner of Parcel No, 1, has agreed to accept $13,000,00 for that parcel on !mhich the efty*s oFFer was $12,244,00, the City Manager recommending ~hot Council inccept Mr, Layman's offer on Parcel Mo, l, subject to approval of the State of ¥irginia,.and listing the remaining parcels, their owners, the amount offered by the city, and the price requested by the owners: Parcel Mo, 20 Hr, D, Eo Martin, let us,, city's offer $9,210,00, owner*s re quested price $15,000,00; Parcel Mo, iMF, John L, ROOF*. et MX** city*s offer 24,041,00. ownerts requested price $T,200,00 ijParcei No, 4, Mr, Rnward R, Stevenson, et ux,, city*s offer $§,101,00, owner's !requested price 27 000,O0. Parcel Mo, 6, Mtn James E, Peters, et ux,, city°s offer iL$13,5§?,00, ouner*s requested price $16.572,00; Parcel No, T, St. Paul's Evangelical liLutheranChurcho city's offer 2?,293,00, owner*s requested price $12,000.00; Parcel · No. 0, Mr. R. R. Layman and Dorothy B. Repass. city's offer $7,740.00, owner's quesled price $10,000,00, Mr. Mheeler moved to direct the City Manager to submit to the State lan*bari*les the offer of Mr. Robert B. Layman, in the amount of $13,000.00, for thei ,approval and to direct the City Attorney to prepare an Ordinance authorizing and dlr ecting condemnation proceedings for acq~isition of Parcels Nos. 2, 3, 4, 5, T and 8, except that any of these parcels shall be eliminated from the Ordinance if the iproperty owners agree to accept the city*s offer prior to preparation thereof. The motion was seconded by Mr. Young and adopted. SPECIAL pERMITS: The City Manager reported that he has studied the reques of Rutrough Rotors, Incorporated, that itbe granted a permit to install a wire line across LucR Avenue in the 300 block to connect its two properties with an Inter-Cam' system, and that in view of the fact that much money and effort has been expended to remove wire lines over the streets in the downtown area, and that the practice of permitting these wire lines is both unattractive and at times hazardous, he recom- mends denial of the request, the City Manager stating that he is of the opinion that the Chesapeake and Potomac Telephone Companyts franchise might be technically vio- lated if the citl permits the installation as requested. Dr. Cornell moved to direct the City Attorney to prepare an Ordinance 9ranting the permission requested by Rutrough Motors, Incorporated, and to furnish Council an opinion as to whether or not granting such a permit would violate the franchise agreement between the city and the Chesapeake and Potomac Telephone Com- pany. The motion was seconded by Mr. Nheeler and adopted. 5IGNS: The City Manager reported that pursuant to a directive of Council at its meeting of September 12, 1960, he has studied the request of High*s of Roa- noke, Incorporated, for permission to install a sign in the sidewalk area in front of its property located at 1§01 Melrose Avenue, N. N., and in view of the money, effort and tine expended in an attempt to beautify the business area by adequate controlling of signs; the provisions of the Ordinance previously adopted by Council in this connection; and the belief that permitting such signs to be erected and continued upon the city's rights Of way could bring nothing but a conglomeration of advertising signs on the streets that is neither conducive to beauty nor soond operation, ho recommends denial of the request, the City Manager also recommending that Council consider revgking ell permits previously granted for such signs in the street right of way area. Mr. E. Grlffith Oodson. Jr.. Attorney for the petitioner, appeared before Council and stated that in his opinion Council has acted properly in making excep= ti*ns to the installation of signs in sidewalk areas where hardship cases could be demonstrated; that in this particular instance the sign on the petitioner*s propertyi is masked by trees along the street, and requested that Council grant the permit on a hardship basis. #r..Rheeler moved to direct the City Attorney to prepare un Ordinance granting the permission re,nested by Hlgh*s of Roanoke. Incorporated. The motion inns seconded by Dr. Corn~ll and ~dopted. Mr. Pollard cci voting. SE~ERS AND STORM DRAINS: The City Manager reported that pursuant to a lidirective of Council at its meeting of September 12. lq60. he has studied the tlpetition of residents of Windsor ~venue. S. W** between Dupont Circle and Suburban iAvenue. S. R.. In which they re quested Council to take necessary steps to eliminate surface water collecting on Mlndsor Avenue at that point; that he has secured an easement through the property of Mr. H. R. Olive. 717 Dupont Circle. S. R.. and has installed a 30-inch concrete pipe the~in which will take the mater off the street and place it in a natural water course through private property in that block, the City Manager advising that in order to carry the water in a drain away from the area it will be necessary to construct a 30-inch concrete drain from a point between Dupont Circle and Suburban Avenue to Murrays Run at an estimated cost of $10,000,00. A number of the petitioners appeared before Council and stated that if conditions remain as they are, their back yards will be flooded, causing damage to their gardens and lawns, the petitioners requesting that Council take action to eliminate the condition, and advising that if a pipe ~lne as recommended by the City Manager is constructed in the easement in the rear of their properties, it will! undoubtedly be above ground which in their opinion will be unsightly and detrimentall to their properties' values, Mr. Young moved to direct the City Manager to restudy this matter and determine whether or not elimination of this condition could be classified as one of the three worst conditions in the city, for which Council has previously directed him to advertise for bids. The motion was seconded by Mr. Pollard and adopted. JUVENILE DETENTION UOME: The City Manager reported that in the construc- tion of the Juvenile Detention Uome at Coyner Springs it was necessary to provide thicker floor slab. increase the size of footings, install sub-soil drain lines, and make several other minor changes, in the specifications mhich resulted in an increase of $1,722,48 in the contract of Days ~onstrnction Company. and requested that Council adopt a Resolution authorizing payment of the change orders necessi- tated thereby. Mr, Webber moved to concur in the recommendation of the City Manager and offered the following Resolution: · '49 '50 (u14102) A RESOLUTION approving four change orders Cave, lng items iai extra work performed by Days Construction Compaaye Inca, persuaat to its contract mJth the City rot the construction of the Roanoke Juvenile Detention Home. (For full text of Resolution. see Resolution Hook No. 24,. page #r. Yebber moved the adoption of the Resolution. The motion mas seconded iibl Hr. Pollard and adopted by the foil*ming vote: AYES: Hessrs. Cornell, Dillard, Pollard, Webber, Nheeler, Young, and the !IPresident. Hr. Anderson .............. il NAYS: NO .................. O. i PENSIONS-CIYY SERGEANT: Council at its meeting of August 22, lq60, having i!directed the City Attorney to,furnish it an opinion concerning the legal aspects of 'a request of Mr. Keruit E. Allman. City Sergeant, that the City Code be amended to !permit him to retain his membership in the Employees* Retirement System of the City iOf Rosnoke rather than be placed under the Virginia Supplemental Retirement System ins are other members of the City Sergeant*s office, the City Attorney submitted his iopinion in which he stated that the authorization once made by a municipality.for :all or designated employees to become members of the Virginia Supplemental Retire- ment System contemplates t'hat all such employees, if accepted, and their successors, !are to continue as members of the state system SO long as they remain such employees or until their death or retirement; that an opinion Of the Attorney General Of i!Virginia clearly indicates that there is no provision aothorizing a locality to .discontinue participation in the Virginia Supplemental Retirement System once it ihas authorized participation therein. Mr. Allman appeared before Council and stated that while he knew when he iaccepted the appointment as City Sergeant he would necessarily have to withdraw !!from the Employees' Retirement System Of the City of Roanoke and go into the Virgini~ !iSupplemental Retirement System, he nevertheless would like to protect his more than ~iseventeen years of prior'service with the city and would rathernot go into the In response to a question by Mr. Webber, Mr. Allman stated that he has not !is,em a copy of the City Attorney's opinion. After some discussion, Dr. Corn,Il moved to direct the City Attorney to prepare an Ordinance amending the Employees* Retirement System of the City Of Roanok~ iito include the City Sergeant in the plan. The motion mas seconded by Mr. Dillard. Mr. Wheeler offered a substitute motion to table the matter until the next ilcegular meeting of Council. Yhe motion was seconded by Mr. Webber and adopted. BONDS: The City Auditor reported that on January 1, lgCl, $300,000.00 of term bonds of the City of Roanoke will fall due, payment for ~hich the Sinking Fund i!as of August 31, 1960, has $17,785.34, and suggested that Council authorize the is- suance of $280,000.00 of refunding bonds and appropriate $2,214,66 from the General ~.Fund in 1960 to'pay the issue falling due, the City Auditor pointing out that if the refunding bonds were issued on a serial basis payable $14,000,00 per year over a period of twenty years, the total interest cost based upon the present marke't would be in the neighborhood of $97.D00.00, mherens, if the bonds were issued for a per-, iod of ten years, paymble $20,000.00 per year, the interest cos~ mould approximate $44,600.00, thus saving $52,000.00 In interest, the City Auditor therefore recom- mending that Council issue $2B0~000.00 of refunding bonds on a ten-year basis, pay- able $2§,000.00 per year, and suggesting that the bonds be sold on October 26, 1960, be dated December 15, 1960, and delivered on that date or as soon thereafter as possible. Mr. Webber pointed out that sale of the bonds on October 26, lgGO, mould not give sufficient time for the Bond Ordinance to become effective and the sale to be consummated, and moved to direct the City Attorney to prepare an Ordinance pro- viding for the issuance of $200,000.00 of refunding bonds to be dated December 15. ,1960, payable $2fl,000.00 per year for ten years, beginning December 15. 1961. the bonds to be sold on November 16, 1960, and delivered on December IS, 1960, or as soon thereafter as possible. The motion nas seconded by BF. Bheeler and adopted. REPORTS OF COMMITTEES: MATER DEPARTMENT: Council at its meeting of August 25, 1950, having pointed a committee composed of Messrs. Benton O. Dillard, Chairman, Randolph G. Whittle, and Barry R. Va*es, to study the claim of Mr. O. D. Nichols, 3565 Yellom Mountain Road, S. E., that the city pay him damages sustained in connection with the Garden City water system installed by the city which deprived him of his cus- tomers, the committee submitted its report, advising that it has viewed and careful- ly considered Mr. Nichols* several contentions and is of the unanimous opinion that there is no obligation whatsoever, legal or moral, upon the city to acquire any water rights from Mr. Nichols, nor is there any obligation, legal or moral, upon the city to pay Mr. Nichols anything because of its actions in the premises. Mr. Wheeler moved to concur in the report of the committee. The motion mas seconded by Mr. Young and adopted. UNFINISHED BUSINESS: ZONING: Council at its meeting of September 6, 1960, having referred to the City Planning Commission for study and recommendation a request of Mr. W. A. Billet. Jr** et ux.. that their property located at 2Il0 Bennington Street. $. E.. designated as Official Tax No. 4250201. be ret,ned from General Residence District to Business District. the Commission submitted its report, recommending that the request be granted, except that the property be ret.ned to a Light Industrial Dis- trict rather than a Business District. Mr. Young moved to set a public hearing in the matter for 2:00 .*clock, p. m., October 24, lgGO. and to direct 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 was seconded by Hr. Wheeler and adopted.il ZONING: Council at its meeting of September 12, 1960, having referred to the City Planning Commission for study and recommendation a petition of Mr. Frank Miggens, et mx., et al., that their property located on the north side of Shenandoah Avenue, N. N., betmeen Thirty-sixth Street and the east line of Lot 1, Block 2, Section 2, Oregon Park, east of Crommorr Stree%t be reached fr~m General Residence District to Business District, the commission submitted its report, advising, that it has reached the conclusion that it is undesirable to have th~ property rezone~ for business; that there is n deed restriction covering ~his property which restricts the use of the land for residential purposes only; that several property owners of the residential area abutting the lots under consideratio.n appe~ared In objection to the proposed reaching and submitted a petition signed by forty-six property owners opposing the said reaching, the Commission therefore recommending the request be denied. The City Clerk advised that the attorneys for the petitioners have reques~ ed · public hearing in the matter. Hr. Mheeler moved to set a public hearing in the reques~ for 2:00 o'clock p. m.. Dc,abet 24. lgGB. in the Council Chamb~rt and to direct the attorneys 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 was seconded by Mr. Webbe~ and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 14172, rezonin9 from General Residence District to Special Residence District property located on Colonial Avenue, S. #*s designated as Official Tax No, 12~0322s havin9 previously been before Council for its first readings read.and laid over, was again before the body, Mr. Wheeler offering the following for its second reading and final adoption: · (~14172) AN ORDINANCE to amend and reenact,Title IV, Chapter 4. Section 1, of Yhe Code of the City Of Roanoke. 195§. in relation to Zoning. (For fall text of Ordinance, see Ordinance Book No. 24. page 231.) Dr. ~heeler moved the adoption of the Ordinance. The motion was seconded bi Mr, Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............. , NAYS: None ............... 0. ZONING: Ordinance No. 14173, rezoning certain property located on the north side of Melrose Avenue, No W., between Sixteenth Street and Seventeenth Street from Special Residence District to Business District; and certai~ property located on the south side of Orange Avenue, N. W., between Sixteenth Street and Seventeenth Street, from General Residence District to Business District, having previously been before Council for its first reading, read and laid over, was again befoIe the body, Mr. Pollard offering the following for its second reading and final adoption: (x14173) AN ORDINANCE to amend and reenact Title XV~ Chapter 4, Section 1, of The Cadeof the City of Roanoke, 1956, in relation to Zoning, (For full text of Ordinance, see Ordinance Book NO,.24, page 232°) Mr. Pollard moved the adoption Of the Ordinance. .The motion mas seconded by Dr, Cornell and adopted by the following vote: AYES: MesSrSo Cornell. Dillard. Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson ............... NAYS: None .................O. ZONING: Ordinance No. 14174. fez*ming those lots fronting on Shenandoah Avenue. N. ~** between Beech Street and Juniper Street. described as Lots 11-19. inclusive. Block 3. Yes,wood Annex Hap. from General Residence District to Business District. having previously been before Council for its first reading, read and laid over. was again before the body. Hr. Pollard offering the following for its second reading and final adoption: (n14174) '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. 24. page 233.) Mr. Pollard moved the adoption Of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Me,mrs. Corn*Il. Dillard. Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson ............ 7. NAYS: None ..............O. ZONING: Ordinance No. 14175. fez*ming from General Residence District to Business District Lots 9. 10. lg and 20. Rlock 4; Lots g. 10. 17. 18 and 19. Block 9. Colonial on Brandon Avenue. S. W.. between Colonial Avenue and Lynn Avenue. Map of Heights. having previously been before Council for its first reading, read !and laid over. was again before the body. Mr. Wheeler Offering the following for iits second reading and final adoption: (u14175) AN ORDINANCE to amend and reenact Title XV. Chapter 4. Section 1. of The Code of the City of Roan*he. 19S5. in relation to Zoning. (For full text of Ordinance. see Ordinance Book No. 24. page 234.) by Dr. Corn*Il and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Webber. Wheeler. Young. and the President; Mr. Anderson ........ ~-~--6. NAYS: None ....O. (Mr. Pollard not voting) WATER DEPARTME~: Ordinance No. 14176. amending the City Code so as to equalize the charges imposed upon customers of the Water Department. receiving gravity flow and pumped water, for sewage treatment, 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: (#14176) AN ORDINANCE amending the City Code so as to equalize the charges imposed upon customers of the Water Department. receiving gravity flow and pumped (For full text of Ordinance. see Ordinance Book No. 24. page 235.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Messrs. Goruell, Dillard, ,Pollard. ~Mehher, Mheeler. Young, end the President, Mr. Anderson .................. 7. NAYS: None .................... O, MOTIONS AND MISCELLANEOUS BUSINESS:. SENERS AND STORM DRAINS: Mr. L. M. Moses. 2038 Mallace Avenue. N. appeared before Council and*stated that he mas given un estimate of the cost of constructing asewer line to serve his property by the Englueering Department which estimated cost he believes to be excessive, and not properly computed. Mr. Nheeler moved to refer the matter tu the City Manager for study, laves ration and.report. The motion nas seconded by Mr. Mebher and adopted. ROANOKE VALLEY: Dr. Cornell suggested that Council take the initiative and invite the governing bodies of the governmental units in Roanoke Valley to an open meeting for the purpose of determining ,bother or not an occasional informal meeting to discuss mutual problems would be beneficial to the Valley. Dr. Cornell was.advised.by several members of Council that practically all the members of the governing bodies of the Valley governmental units mill meet to- gether during the present week and the mattor could be discussed at that time. The Mayor declared that no action was necessary in the matter. CITY GOVERNMENT: Dr. Corneal stated that he believes it mould be feasible to employa firm of management consultants to make.a business or efficiency survey of allsegments of the city government under the jurisdiction of Council; that he has been approached by such an organization that is now working in thecity for a private concern, and that he would like to have that and other organizations submit their proposals to Council for such a survey, which he believes will save sufficient money to obviate the necessity of raising taxes. The Mayor stated that such proposals might be submitted to Council by anyone. BUILDING DEPARTMENT: The Mayor stated that Council laid over from its previous meeting the question of appointing two members of the Board of Appeal - Building Code. one for a term of five years beginning October 1. 196g. and one for an unexpired term ending September 30. 1964. which question was laid over until the next regular meeting of Council. There being no further businesst Council adjourned. A P P R 0 V E D President Ii f! COUNCIL. REGULAR REEYING, Ronday. October 3o 1960. The Council of the City of Roanoke Bet in regular meeting in the Council Chamber in the Municipal Building. Monday, October 3, 1960, at 2:00 o'clock, p. m,, the regular meeting hour. with the President. Hr. Anderson. presiding. PRESENT: #easts. Dillard. Pollard, Webber, Rheeler, Young, end the President. Mr. Anderson ..................... ABSENT: Dr. Cornell ..............1, OFFICERS PRESENT: Hr. AuthuF S. Owens. City Ranagero Hr. Randolph G. Whittle, City Attorney. #F. Harry E. Yarns. City Auditor, and Hr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Emmett Green, Pastor. First Baptist Church. (Colored) MINUTES: Copy of the minutes of the regular meeting held on September 26, 1960, having been furnt~hed each membeF of Council. upon motion Of Mr. Rheeler. seconded by Mr. Young and adopted, the reading was dispensed with the the minutes approved as recorded. UEARING OF CITIZENS UPON PUBLIC RATTERS: NONE. P~ITIONS AhU LICENSES: The City Clerk presented a communication from the Roanoke Merchants Association, requesting that Council adopt an Ordinance providing for regelation of distress merchandise sales, which includes closing out sales, removal sales, smoke and water damage sales, asslgnee's sales, etc. The Association presented copies of Ordinances in effect in New York City and Portsmouth. Virginia, which might serve as a guide to meet the needs Of Roanoke.i Mr. W. Jackson Shepherd, President of the Association. appeared before Council and stated that the plea is being made in the interest of the legitimate merchants of the city who are somewhat disturbed because of certain of these distress sales which haye been going on in the city for quite some time. NFo Shepherd point- ing out that in One particular instance a furniture company is conducting a going- out-of-business sale which has been in progress for over two years and that there have been numerous similar circumstances over the past few years. Mr. Young moved to direct the City Attorney to prepare for the consider- ation of Council an Ordinance which will meet the request of the Merchants Associa- tion and be in conformity with the state laws. The motion was seconded by Mr. Wheeler and adopted. BUDGET-PLANNING COMMISSIONS: The City Clerk presented a communication from the Roanoke Valley Regional Planning and Economic Development Commission, ad- vising that it proposes to have an aerial survey which mill result in a topographic map of the Roanoke Valley Regional area, estimated to cost approximately $60,000.00,!: of which one-half mill be paid by the Federal Government; that the remainder of the cost has been allocated to the various members of the Commission, Roanoke*s share being npproxiuetely $10,O84.00, ubicb will-be spread over a period ~f two lears, und requesting that Council appropriate $5,042.'00 for each of the lears, 1961-62. Mr. Webber moved to tsble the mutter for considerntiou along with the lqGl~budget. The motion was seconded by Mr. Wheeler nnd adopted. - CORPENSATION BOARD: The City Clerk presented'n communication from the State Compensation Donrd giving ten days* notice that at'mill meet the loth day of October, beginning at lO:D0 a. m., in.the State Capitol. Se~nte Chamber, for the purpose of fixing the salary and expenses of the Attorney forthe Counouuealth, Commissioner of the Revenue, City Sergeant, and City Treasurer for the calendar year 1961. .. Hr. Wheeler.moved to file the communication. The motion Was seconded by Mr. Pollard and adopted. MUNICIPAL COURT: The City Clerk presented a communication from Mr. James' Fl'ippin. submitting his resignation as a Judge of the municipal Court. effective September 30, lgbO, advising that he will have to vacate the office on that date in order to qualify and accept appointment as Judge of the Juvenile and Domestic Relations Court of the city. Mr. Webber moved to accept the resignation. The motion was seconded by Mr. Young and adopted. SEWERS AND STORM DRAINS: The City Clerk presented a Resolution of'the Council of the Town'of Salem; requestin~ that the contract of October 16, 1953, be- tween the City Of Roanoke and the Town of Salem, dealing wit~ the.treatment of domestic and commercial wastes, be amended by adding thereto un,area containing approximately 6 acres, known as Locust Grove Park Subdivision, andimmedJately contiguousterritory, lying immediately north of the Town of Salem, in Roanoke Count Mr. ¥oungmoved to refer the request to a committee composed of Messrs. Roy L. Webber. Chairman, Arthur S. Owens. Walter L. Young. and Randolph G. Whittle for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. MARKETS-SXGNS: The City Clerk ~resented a communication from the Market Area Shopping Association. advising that it is planning a Fall Festival to promote business in the market area, said festival to be held un October 20-22, inclusive. 1960. in connection with the Harvest Festival, and requesting that it be permitted to use the City Market Auditorium for those three days. rent free, but agreeing to pay the regular clean-up fee of $10.00; and that it be granted permission to ere~ a banner across Campbell Avenue in the market area in connection with the market area festival during those dates for a period not to exceed fifteen days prior to said festival. Mr. Webber moved to direct the City Attorney to prepare Resolutio~ granti~ the request of the Association. The motion mas seconded by Mr. Wheeler and adopted,i AUDITS-CITY SZRUEANT: The City Clerk presented n repSrt of the Auditor of Public Accounts of the Commonwealth of Virginia on an audit of the accounts of the former City Sergeant, Mr. Edgar L. Winstead, and the transfer of said accounts to the new City Sergeant, Mr. Kermit E. Allman, advising'that all funds have been properly accounted for and transferred. Mr. Young moved to file the report. The motion mas seconded by Mr. Wheeler and adopted. MUNICIPAL AUDITORIUMs- The City Clqrk presented~z report of the City Planning Commission on the proposed municipal auditorium. Mt. young moved to refer the report to u committee composed d Messrs, Vincent S. Wheeler, Chairman~ Willis M. Anderson, and Walter L. Young for study and recommendstiou along math its previous assignments in this matter. The motion mas seconded by Mr. Wheeler and adopted. REPORTS OF OFFICERS: · EASEMENTS-WATER DEPARTMENT: The City Manager reported that Giant Food Properties, Iecorporated. has revised its utility layout for the Roanoke-Salem Shop-! ping Center to be located on the south side of Melrose Avenue ut the western corpor~ ate limits of the city; that the layout of the mater main to be constructed therein which the city. by Ordinance NO. 13041, adopted on April IS, 1957. authorized zccep~ tznce of a perpetual easement there~r, is not applicable, and requested that Council now authorize acceptance of an easement based upon its utility plan for the Roanoke- Salem Shopping Center dated July 22, 1960, and revised September 21. 1960, the City Manager recommending that Council concur in the request. Mr. Webber moved to direct the City Attorney to prepare an Ordinance pro- viding for the acceptance of a perpetual easement from Giant Food Properties. Incor- porated, in accordance with its request and a utility plan dated July 22, 1960, and revised September 21. 1960. The notion mas seconded by Mr. ~heeler and adopted. TRAFFIC-SEWERS AND STORM DRAINS-STREETS AND ALLEYS: The City Manager submitted a request of Giant Food Properties, Incorporated, offering to convey to the city a 12-foot wide strip of land along Melrose Avenue in front-of its property and certain-easements for storm drain and-traffic signals and requesting certain improvements, including street widening, storm drain construction, and traffic signal installations, the estimated cost being $22~600.00, Of which cost the company agrees to pay $11,300.00, the City Manager advising that in his opinion the requested improvements are necessary ~r the orderly control and handling of traffic into the shopping center and for the elimination of a storm water proble~ and should be accomplished, but that if Council so desired it could await initiation of further work On the project before taking action. After some discussion. Mr. Mebher moved to direct the City Attorney to prepare an Ordinance accepting the 12-foot wide strip Of land along Melrose Avenue and certain easements for storm drain and traffic signals from Giant Food Properties~ Incorporated, and also agreeing to make the requested improvements. ~he company to pay one-half the cost thereof. The motion was seconded by Mr. Wheeler and adopted. STREETS AND ALLEYS: The City Manager reported that property owners are razing several buildings on the north side of Salem Avenue. between First Street and Second Street, S. M.. and, in his opinion, this would be a good time to proceed with widening of that bloch-of Salem Avenue to a total width of 63 feet, to conform to the width previously es~hed in the block to the east thereof, and recommended that Council ·dopt · Resolution requesting the St·te.Departuent of Highways to lniti·te n Feder·l Aid Urb·n Project for this purpose.,the total estimated cost being $1~o.000.00. or mhlch the city,s ah·re (25~) mill be $4S.000.OO. Hr. Pollard offered the folloulng Resolution: (Sl41U3) A RESOLUTION requesting the Virginia Department of Hlghunys to initiate a Feder·l Aid Urb·n ProJect to miden U. S. Route 11 {Salem Avenue) from Isa Street, S. M.. to 2nd Street. S. w.o so as t9 conform to the existing total right of way midth of said ·venue and U. So route from Jefferson StFeet to 1st Street; and indicating the City*s millJngoesa to pay one-fourth of the cost of the project. (For full textof Resolution, see Resolution Hook No. 24. page 239.) #r. Pollard moved the adoption of the Resolution. The motion was seconded by Hr. Young a~d adopted by the following vote: AYES: Beasts. Pollard, Webber, Nheeler. Young. and the President. Mr. Anderson ........................... 5. NAYS: Rt. Dillard .......1. (Hr. Cornell absent) BRIDGES-STREETS AND ALLEYS: The City Manager submitted a tabulation of bids received for excavating and resurfaclng Miller Street from Shenandoah Avenue to the corporate limits of the city, showing the bid of RcAiister Construction Company. in the amount of $11.193.50. as low, and recommended acceptance of the low bid and authorization for a contract therefor, the City Manager advising that it will be necessary to appropriate funds for the contract and that $2.000,00 of the needed amount can be transferred from an appr'opriation previously made for construc- tion of a bridge over Peters Creek at the city limits line. Mr. #heeler offered the following emergency Ordioance accepting the bid of McAlister Construction Company: (n14184) AN ORDINANCE accepting the proposal of HcAlister Construction Company for excavatin9 and resurfacing Hiller Street; authorizing the proper City Officials to execute the requisite Contract; rejectin9 the other bid; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24; page 240.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Webber, Mheeler, Young, and the President Mr. Anderson .................... 6. NAYS: None ........... O. (Dr. Cornell absent) Mr. ¥ouhg offered the followin9 emergency Ordinance appropriating and transferring the necessary funds: (Zl41O5) AN ORDINANCE to amend and reordain Section al40, "Street Construction,* and Section n142, *Transfer to Improvement Fund.# of the lqdO Appropriation Ordinance, and proridin9 for an emergency, (For full text of Ordinance, see Ordinooce Hook No. 24, page 241.) Mr. Young moved the adoption Of the Ordinance, The motion was seconded by Mr. Wheeler and adopted by the following vote: AYKS: Mesars. Dillard, Pollard, Mebber, Rheeler, Young, nad the President Mr, Anderson .................... 6. NAYS: ~one ...........O, (Or. Cornell absent) FUEL OIL: The City Manager presented a tabuhtion of bids.received for the city', fuel oil requJ ..... ts for tbe 1960-61 heating season, shoming the bid of Sinclair Refining Company for mi end s2 Fuel Oil, and the bid of Fuel Oil and Equipment Company for Sb Fuel Oil. as lom. and recommended acceptance of thelow bids'. Mr. Pollard offered the following Resolution accepting the bid of Sinclair? Refining Company: (~141fl6) A RESOLUTION accepting the proposal of Sinclair Refining Company for supplying the City's requirements for Nos. I and 2 fuel oil for the 1960-1961 ' season. (For full text of Resolution, see Resolution Book No. 24 page 241.) Mr. Pollard moved the adoption of the Resolution. The motion was ~conded by Mr. Mebber and adopted by the follo~ln9 vote: AYES: Messrs. Dillard, Pollard, Webber. Wheeler, Young. and the President Mr. Anderson .................... NAYS: None ...........O. (Dr. Cornell absent) Mr. lheeler offered the folloming Resolution accepting the bid of Fuel Oil and Equipment Uonpsny: (z14157) A RESOLUTIO~ accepting the proposal of Fuel Oil and Equipment Company. Incorporated. for supplying the City's No. 6 fuel oil requirements for thai960-1961 season. (For full text of Resolution, see Resolution Book No. 24, page 242.) Mr. Mheeler moved the adoption Of the Resolution. The motion was seconded by Mr. Young and adopted by the following rote: AYES: Messrs. Dillard. Pollard. Webber, Wheeler, Young, and the President~ Mr. Anderson .................... NAYS: None ...........O. (Dr. Cornell absent) B~DGET-SCNOOLS: The City Manager requested an appropriation of $77.76 to provide for payment of advertising costs in connection with receipt of bids for grading at the Roanoke Technical Institute. Mr. Young offered the following emergency Ordinance: (m1416~) AN ORDXNANCE to amend and reordain Section m156, *Technical Institute Site," of the 1960 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 243.) Mr. Youn9 meted the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the following rote: AYES: Messrs. Dillard. Pollard. Mebber, Mheeler, Young, and the President; Mr. Anderson .................... NAYS: None ...........O. (Dr. Cornell absent) REPORTS: The City Manager submitted a report of the Department of Public Melfure for the month of August, 1960, and reported other departmental reports on file in his office. Mr. Young moved to file the report. The motion mas seconded by Mr. Mheel~ and adopted, REPORTS OF COMMITYKES~ RUSES~ Council at its meeting of September lg, lgGO, having refereed to a committee composed of Messrs. Vincent S, Wheeler, Chairman, C. M; Cornell, Roy R. Pollard, Sr., and Arthur S. Owens for study and recommendation a request of Safety Motor Transit Company that it be authorized to increase its cash fares from ISa to 2Ok, and to Sell tmotokens for 35t, the committee submitted its report, advising that, after n careful analysis of the company's position, it recommends that Council grant the proposed increases after n public hearing, Which Should be held at an early date by Council, but that Dr. Cornell does not agree with the report of the committee. Mr. Webber moved to set a public hearing on the proposed bus increases fo~ ?:30 p. m., October 24, lgGO, in the Council Chamber, and to direct the City Attor- the proper notice of such hearing and submit it to the City Clerk ney to prepare for publication. The motion was seconded by Mr. Wheeler and adopted. BUSINESS: UNFINISHED pENSIONS-CITY SERGEANT: A request of City Sergeant, Kermit E. Allman, that he be permitted to retain his membership in the city*s Employees* Retirement System, having been laid over from the previous meeting of Council, the matter mas again before the body. Upon being advised by the Mayor that the City Sergeant has requested that the matter be tabled for one additional week, Mr. Wheeler moved to table the matter untl~ the next regular meet. lng of Council. Yhe motion was seconded by Mr. Young and adopted. ZONING: Council at its meeting of September 6, 1960, having referred to the City Planning Commission for study and recommendation a request of Charles Fallo Davis, Jr.. et mx., that their properties located on the north side of Melrose Avenue, N. W., between Crescent St{eot and Forest Park Boulevard, designated as Lots 2?-30, inclusive, Block 11, Villa Heights. and Lots 1-5, inclusive, Gray Map, a subdivision of Lot 1, Block 5, Forest Park, be rezoned from Special Residence District to Business District, the Commission submitted its report, advising that after considering all factors involved it has concluded that it will be detrimental to the surrounding residential area as well as to the school property across the street to rezone the property as requested and recommending that the request be denied. The City Clerk advised that Mr. Charles D. Fox, III, Attorney for the , petitioners, has requested a public hearing in the matter. Mr. Webber moved to set a public bearing On the requested.rezoning for 2:00 o'clock, p. m.. October 31, 1960. and to direct the Attorney for the petitions to prepare the proper notice of such bearing. Lave 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: AIRPORT: Ordinance No. 14177. authorizing the execution of a contract with The Fidelit~ ~ Casualty Company of New York for the sale of travel insurance policies and the leasing of certain space in the terminal building at Roanoke Muni- cipal Airport, having previously been before Council for its first reading, read and laid over, mas again before the body, Mr, Rheeler offering the following for its second rending end final adoption: (n14177) AN ORDINANCE authorlzln9 the execution of a contract with The Fidelity ~ Casualty Company of New York for the sale of travel insurance policies and the leasing of certain space in the terminal building at Roanoke Municipal Airport. (For full text of Ordinance, see Ordinance Book No. 24, page 23B.) Mr. Wheeler moved the adoption Of the Ordinance. The motion was seconded b)' Mr. Young and adopted by the following vote: AYES: Messrs. Dillard. Pollard, Mebber, Rheeler, Young, and the President Mr. Anderson .................... NAYS: None ...........O. (Dr. Cornell absent) SPECIAL PERMITS: Council at its ~eetin9 of September 26, 1960, having directed the City Attorney to prepare an Ordinance granting a permit to Rutrough Motors, Incorporated, to install a wire line across Luck Avenue in the 300 block to connect its two properties for use in connection with an lnter-Com system, and to furnish an opinion advising whether or not granting Of such a permit will be in violation of the franchise granted by the City of Roanoke to C ~ P Telephone Company Of Virginia, the City Attorney presented his opinion, in which he advised that in his Judgment the granting of such a permit does not violate any provision of the said franchise, and pointing out that Section O of the Ordinance that constitutes the franchise reads as follows: *That nothing in this ordinance shall be construed to grant unto the said Company any exclusive right Or to prevent a grant Of simi- lar privilege to other companies.* Mr. Wheeler offered the following Resolution: (sI41Bg) A RESOLUTXON granting a permit to Rutrough Motors, Incorporated, to install n wire line across Luck Avenue to provide its two properties with an intercom system. (For full text'of Resolution, see Resolution Book No. 24, page 243.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the folloming vote: AYES: Messrs. Dillard, Pollard, Webber, Nheeler, Young, and the President Hr. Anderson ..................... 6, NAYS: None ............O. (Dr. Cornell absent) SIGNS: Council at its meeting of September 26, 1960. baring directed the preparation of ua Ordinance grunting u permit to Righ*s of Roanoke. Incorporated. to install o sign la the sidewalk ares in front of 1ts property locoted et Melrose Avenue. N, M.. Mr. Webber offered the following Resolution: (x14190) A RESOLUTION grunting u permit lo Uigb's of Roanoke. Iucorporut* to install u sign gu City property, (For full text of Resolution, see Resolution Book No. 24, page 244.) Mr, Webber moved the adoption of the Resolution. The motion was seconded by Mr, Pollard end adopted by the following vote: AYES: Hessrs. Dillard, Pollard. Mebber. Wheeler, Young, and the President Mr. Anderson .................... NAYS: None ...........O. (Dr, Cornell absent) MOTIONS AND MISCELLANEOUS BUSINESS: BUILDING DEPARTMENT: Council at its previous meeting having laid over until the next meeting the appointment of two members of the Board of Appeal - Building Code, Mr. Mheeler moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Webber and adopted. Mr. Dillard left the meeting at this time. SEMERS AND STORM DRAINS: Council at its meetings of February 25, April 25 May 23, July 11. and August B, 19~0. having referred to a committee composed of Messrs. Roy L. Webber, Chairman, Malter L. Young, Arthur S. Owens. and Randolph !:Whittle for study and recommendation Resolutions of the Board of Supervisors of Roanoke County, requesting that the contract of September 28, 1954, between the city and the county, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto certain additional areas in the County of Roanoke, the committee submitted its report, advising that it has given its very best consider- ation to these requests and is of the unanimous opinion that they should be denied; that it has prepared a draft of a letter which it recommends Council read and, if it concurs therein, direct the City Clerk to sent it to the Chairman of the Roanoke County Board of Supervisors, the letter reading as follows: 'The Council of the City of Roanoke,- at its regular meeting of this date, directed me to udress this letter to As you know, the County of Roanoke and the City of Roanoke entered into a formal contract dated September 28. 1954, pursuant to which the City agreed to transport through its sanitary sewer system and treat at its sewage disposal plant sewage originating in areas situated in the County and described by metes and bounds. It is believed that the execution of that contract contributed tre- mendously to the phenomenal growth of the County. Since portions of the County to the north, south and weft of the City drain through the City. the cost to the County to collect and treat sewage originating in those scattered areas would be snort moas. Accordingly, at the request of the County. the City agreed to treat sewag~ originating in such areas for a s~mbased on its actual cost; including no sum for depreciation of or to amortize its extremely expensive interceptor lines and treatment plant. In- cidentally, soleil because of the phenomenal recent 9rowth of the County and the existence of the aforementioned contract, the City has spent hundreds of thousands of dollars in enlarging its sewage treatment plant. The City realized that the County government was not organized in such a manner us to enable it conveniently to perform the menage obligations iwposed upon it by the contract. Therefore, the City purposely did not provide that the contract be nouasslgnable. The City. however, as is well known, was from the outset unnilling to enter into such u contract with any party other than the County in which it hud the great,st confidence. Because of this confidence. the City uss unwilling for any assignee of the contract to con= pletely control the senerage systews and facilities to be located In the agreed wrens and which would, necessavll~ be,indispensable for the fulfillment of the contract. To assure such complete control, and for other reasons, the City included in Article VII. of the contract u provision that, after the installation of such facilities, they would be *and rennin the exclusive property of the County** No falF person can contend that that provision is not s inn= ful provision to he lncorporzted in such a contract. And its incorporation therein was awatter solely to be determined by the City. It is sufficient to say here that the provision was incor- porated in the contract; that the County solemnly agreed to he bound by that provision; and that. if it had not been included, the City would not have executedthe contract. By resolution of the Hoard of Supervisors of Roanoke County, adopted October 17, 1955. the basic contract was assigned to the Roanoke County Sanitation Authority. The last clause of that resolution provides: tHE IT FURTHER RESOLVED: That nothing herein contained is to be construed as relieving the Board of Supervisors of Roanoke County, Virginia, of any of its responsibilities under and pursuant to the aforesaid contract of September 20, 1954. and amendments thereto.' Presently, the City is engaged in undertaking to annex portions of the County in which a number of the areas embraced ih the contract are situated. To the Clty*s amazement, the Roanoke gounty Sanitation Authority claims to own the sanitary sewer facilities installed in subdivisions by the developers at no cost whatsoever to the County or to the Authority. The Authority further claims that, if, after annexation of the areas in which such systems are located, the City proposes to use them, it must pay the Authority their true maine which Its attorney says presently approximates two million dollars. Since these contentions have been made by the Roanoke County Sanitation Authority, the County Of Roanoke has, by proper resolu- tions, requested the City to include, in the aforesaid contract. additional areas. The City must reluctantly decline these requests. In declining them, the City does not, as it has been inferred, undertake to impose economic pressure. It simply insists that the above-mentioned provision of the contract, relative to ownership, be complied with by the County. Recently, at the meeting Of the County*s sewerage committee and the City's sewerage committee, it was made crystal clear that .the Hoard of Supervisors knew of and concurred in the Authority's claim of ownership. Further, the City*s representatives Mere told at that meeting, in effect, that it was a matter of no consequence whether the Sanitation Authority or the County owned these syiems because in either case. in event of annexation, the City would have to pay theik fair value. That is a legal question which counsel for the City is confi- dent will ultimately be decided in favor of the City. Nevertheless, since the position of both the Sanitation Authority and the County, with reference to the ownership of such sewerage systems, refutes the clear and positive provision of the contract and those views are. likewise, held and asserted by capable counsel, it is certainly not to the best i mrest of the City to include additional areas in the contract until the question is finally settled in favor of the City*s contention. It should be unnecessary to mention here that all such sanitary systems constructed in the City of Roanoke by sub- division developers become, the property of the City without any payment therefor, and this policy will undoubtedly be continued after annexation, Pending such favorable final decision with reference to areas heretofore included in the contract, if the County will assure the City that, in event of annexation and the City assuming the obliga- tion of seuering therein, the sewage systems constructed in the recently requested areas with nontax funds will become the propertl of the City without uny payment therefor, the City will prouptly authorize the inclusion of those areas in the contrsct, Othermise those requests nnd nil similar requests must be denied, Mr. Wheeler moved to concur in the report of the committee tad to direct the City Clerk to sign and mail the letter to the Chairman of the Roanoke County Board of Supervisors. Tbe motion mos seconded by Ur. Pollard nad adopted. There being no further business, Council adjourned, APPROYED COUNCIL, REGULAR MERTING, Mondey, October 10, 1960, The Council of the City of Roanoke net in regular, meeting in the Council Chamber in the Municipal Rullding, Monday, October 10, 1960, at 2:00 **cloth, p. m** the regnler meeting hour, with the President, Mr. Anderson, presiding. PRESENT: Messrs. Cornell. Pollard, Webber, Rheeler, Young, and the Presi- dent, Hr. Anderson---~ ............. AUS£NT: Mr. Dillard .....1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Rhittle, City Attorney, Mr. Uarry ~. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk, INVOCATION: The meeting was opened with a prayer by the Reverend ~illiam Ho Edwards, Pastor, Riverdale Baptist Church. MINUTKS: Copy of the minutes of the regular meeting held on October 3, 19600 having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Dr. Corn*Il and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: POLICE DEPARTMENT-FIRE DEPARTMENT-RECREATION DEPARTMENT: Dr. L. E. Paxton Chairman Of the Citizens Protective Association, appeared before Council and re- newed the request presented to Council by that Association in 1959 that more negro policemen and firemen be employed by the city and that the city provide funds in lt~ 1951 budget for erection of two recreational centers for negroes, large enough for playing of basketball and holding meetings, social events, etc** under the direction of the Recreation Department, one of the said recreational centers to be located in the northwest section, preferably in Eureka Park, and the other in the southwest section, Dr. Paxton advising Council that the negro section in northwest, partica- larly along the First Street area, does not receive police protection after 11:30 o'clock, p. m., daily. The City Ranager advised Council that the area in question is policed twenty-four hours a dall that possibly Dr. Pax,oh's statement is based on the fact that it is policed until 11:30 o'clock, p. m** daily, by negro policemen, but by white policemen during the midnight shift; and that by reason Of the fact that the area concerned is smaller' than other police districts in the city, It probably receives more police protection than other sections. Mr. Rheeler moved to refer the question Of employment of negro policemen and firemen, and policing of the negro district, to the City Manager as administra-! tire functions, and to defer consideration of the request for the recreational centers until Council studies the 1951 budget. The motion was seconded by Dr. Corn*Il and adopted. :65 '66 PETITIONS A~D COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a communication from Hr, J, Snmsel Shererta. requesting that Eighteenth Street, S. E., along Fnllon Park, he straightened and widened, and that the alleys in the rear of the lots facing on said street b~ improved. The City manager advised that the alleys are in need of some grading and that he will take carq of that ,matter.,but that he cannot recommend straightening Eighteenth Street as requested. Mr, Young moved to table the matter for consideration along with the 1961 budget. The motion ~as seconded b~ Mr, Mheeler and adopted. LICENSES: The C~ty Clerk presented a communication from the Virginia Gasoline Retailers Association, Incorporated. advising that under present rulings of the State Department of Taxation and the cltyts Commissioner Of Revenue, retail gasoline filling station operators are required to include Jn gross,receJpt~ for license tax purposes the amount of federal tax on gasoline collected by them, and requesting that Council revise the License Tax Code to eliminate such taxes from the base for license taxation. Mr, James W. Heizer, Executive Secretary of the Association, appeared before Council and stated that the federal tax of 4t per gallon on gasoline Is merely collected by the filling station operators and forwarded on through channels tO the ~ederal Government and consequently is not a part Of the overall revenue Of the station operator, and in his opinion should not be taxed, Mr. Webber moved to request the City Attorney to study the matter and advise whether or not Council can comply with the request of the said Association to specifically exclude federal gasoline taxes from 9ross receipts in determining the liability of merchants license tax, and the effect such action might have on other licensees who may be collecting taxes and payin9 license taxes thereon as part of their gross revenue. The motion was seconded by Mr, Wheeler and adopted. SEWERS AN~ STORM DRAINS: The City Clerk presented a communication from Mr. To L. Plunkettt Jr., Attorney for Mr. Richard R. Quick, requesting that the cit of Roanoke accept a grant of necessary easements for a sewer collector system in the Spring Valley Highlands Developement in Roanoke County, adjacent to the City,, and advising that the subdivision is not in an area covered by the contract between the city and the county, dealing with the treatment Of domestic and commercial wastes, and that the subdivision will have city water supply and the billing of sewage treatment charges could be handled along with the water billing, The City Clerk advised Council that Wt. Plunkett has stated that he is approaching the Roanoke County Hoard of Supervisors for permission to deed the sewers concerned to the city, the city to accept the sewage therefrom, and requeste that Council refer the matter to its Sewage Committee for study pending further developments. Mr. Wheeler 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 Mr, Pollard and adopted. i i STREETS AND ALLEYS: The City Clerk presented a petition from Hr. S. H. Hall. Trustee or the. Employee Profit Sharing and Benefit Plan of Bllsoa Tracking Corporation. requesting that Larchwood Street. N. E.o from the north line of Indiana Avenue to. the north line of Lot 3. Block 2. Union Stockyard Corporation Nap. and Lone Oak Avenue. N. E.. from the west line of Lnrchwood Street to the west line of nlo~ks I and 2. Union Stockyard Corporation Hap. be vacated, discontinued . and closed, and also that Council adopt a Resolution appointing viewers to view the same and report thereon ns required by Section IS-T66 or the Code of Virginia. Mr. Young moved to refer the request to the City Planning CoemissJon for study and recommendation. The motion was seconded by Hr. #heeler and adopted. Mr. Hheeler offered the following Resolution appointing viewers: (#14191) A RESOLUTIO~ providing for the appointment of fOUF viewers in connection with the petition of S. H. Hall. Trustee of the Employee Profit Sharing and Benefit Plan of BiJson Trucking Corpora,Jun. Waynesboro. Virginia. to perman- ently vacate, discontinue and close certain portions of streets located in the City of Roanoke, Virginia, end being a southerly portion of Larchuood Street and the easterly portion of Lone Oak Avenue. N. (For full text of Resolution, see Resolution Book No. 24. page 244.) Rt. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AVES: messrs. Cornell. Pollard. Webber. Nh*cleF. Young. and the Presi- dent, Br. Anderson ................... NAYS: None ................On (Mr, Dillard absent) CITY GOVERNMENT: The City Clerk presented a communication from J, L. Jacobs and Company, Consultants in Public Administration and Finance, Chicago, Illinois, offering its services in conducting au efficiency survey of the city government. Mr. Webber moved to table the matter for further consideration. The motio~ was seconded by Dr. Cornell and adopted. BUDCET-CONPENSATION submitted by the Commonwealth's Attorney, the Commissioner of the Revenue, the City Sergeant and the City Treasurer, to the State Compensation Board for 19~1 salaries and expenses. Mr. Wheeler moved to table the matter for consideration along with the city*s 1~61 budget. The motion was seconded bY Mr. Young and adopted. REPORTS OF OFFICERS: AIRPORT: Vhe City Manager requested that Council authorize a change order~ in the contract of Wiley N, Jackson Company for paving of extension of the northeast! southwest runway and taxlway at the Roanoke Municipal Airport, to cover the cost of filling a cave-in which developed at the northeast end of the said runway during the last heavy rain, the cost thereof amounting to $3,571.75. Mr. Young offered the following Resolution: ,68 (u14192) A RESOLUTION conditionally authorizing the City Manager to issue u Change Order with ~eference to the contract of March Jackson Company and the City of, Roanoke. (For full text o! Resolutiont see Resolution Book No. 24, page 245.) Hr. Young moved the adoption of the Resolution. The notion was seconded ilby NFo Pollard and adopted by the following vote: AYES: Messrs. Coreell, Pollard, Webber, RheeleF, Young. and the President i~Mr. Anderson ................ 6. NAYS: None ....... O. (Mr. Dillard absent) Mr. Young then offered the folloming emergency Ordinance appropriating the necessary funda: (=14193) AN ORDINANCE to amend and reordaln Section n142, "Transfer to Inprovement Fund,' of the 1960 Appropriation Ordinance, and providing for an omar- (For full text of Ordinance, see Ordinance Book No. 24, page 246.) by Mr. Pollard and adopted by the following vote: iMF. Anderson ............... ii NAYS: None ......O. (Mr. Dillard absent) i BUDGET-ANNEXATION: The City Manager requested an appropriation of $1,O62.13 to pay tbe accounts of Mr. Richard T. Edwards in the amount of $419.50, Mr. Borland Bartholomew in the amount of $100.O0. Wiley and Wilson in the amount Of $14B.B2, and Woodrun and Gregory in the amount of $393.O1 in connection with the Mr. Pollard offered the following emergency Ordinance: (=14194) AN ORDINANCE to amend and reordain Section =155, UAnnexatton,* of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 247.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Webber, Wheeler, Young, and the President ; Mr. Anderson ............... NAYS: None ......OD (Mr. Dillard absent) BUBGET-BAIL COMMISSIONER: The City Manager requested an appropriation of i$17.50 to provide for purchase of bond forms for the Bail Commissioner. Mr. Wheeler offered the following emergency Ordinance: (=14195) AN ORDINANCE to amend and reordain Section =2B. "Bail Commis- sioner," of the 1960 Appropriation Ordinance, and providing for an emeroency. (For full text of Ordinance, see Ordinance Book No. 24, page 24?.) ir. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: t! ,! AYES: Messrs. Cornell, ~ollnrd,~#ebber, Mheelero Young, and the President Hr. Anderson ......................... 6. NAYS: None ................O, (Mr, Dillard absent) AIRPORT: The City Manager requested the adoption of an Ordinance author- izing execution of an Instrument granting a license to the United States of Ameriea,~, Federal Aviation Agency° to install un underground duct system at the NunicJpal Airport to provide radar facilities thereat, Mr, Webber offered the following Ordinance: (x14196) AN ORDINANCE authorizing the City Manager to execute an instru- ment granting a license to United States of America, Federal Aviation Agency, em- bodying the right and privilege to install an underground duct system to provide radar facilities at Roanoke Nunicipal (Woodrum) Airport, RHEREAS, the United States of America, Federal Aviation Agency, has requested a license from the City to install an underground duct system to provide radar facilities at Roanoke Municipal (Woodrum) Airport. in which request 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 and directed to execute, for and on behalf of the City, a license granting unto the United States of America, Federal Aviation Agency, the right and privilege to install and maintain an underground duct system from the Terminal Building on the Roanoke Municipal (Roodrum) Airport, pro- ceeding in a southqasterly direction across the Airport to the southerly Airport property line, upon the terms and conditions embodied in the printed license form submitted by the Federal Aviation Agency and presently held by the aforesaid City Manager, for the consideration of $1.00 per annum. Mr. Webber moved the Ordinance on its first reading. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs, Cornell, Pollard, Webber, Wheeler, Young, and the President Mr. Anderson ....................... 6. NAYS: None ..............OD (Mr, Dillard absent) STATE RIGHNAYS: The City Manager requested the adoption of a Resolution granting permission to Mrs. Audrey M, Garnett to remove, at her sole expense, the house partly located on a parcel of land designated as No. 009 on the State Highway] Route 117. which has previously been acquired by the city for improvements to the said highway. Mr. Pollard offered the following Resolution: (=14197) A RESOLUTION relating to the acquisition of certain rights of way heretofore authorized to be acquired by Ordinance No. 14090, for the widening and improvement of Peters Creek Road, State Route 117, (For full text of Resolution, see Resolution Rook No, 24, page 248.) Mr, Pollard moved the adoption of the Resolution. The motion was Second-il ed by Mr. Wheeler and adopted by the following vote: 70 AYES: #essrs, Coroell, Pollard, Nebber0 Rheeler, Young, and tke Prenideot Mr. Anderson ................... 6, NAYS: None .......... O. (Hr. Dillard absent) RONDS-¢ITY ERPLOYEES: The City Clerk reported that the lgO0 session of the General Assembly of Virginia has amended Section 16,1-16 of the Code of Virginia to eliminate the requirement of personal faithful performance bonds for Clerks and Deputy Clerks of the Nuniclpal Court and Juvenile and Domestic Relations Court, provided the said employees are covered under blanket faithful performance bonds of the municipalities; that all of the said Clerks have heretofore been included under ~Ithe city's blanket ~snrance bond in the amount of $2,500,00 each, complying with ilthe state law, and consequently their bonds are in the process of being cancelled Jby the Hustings Court, but that based upon the records of the Auditor of Public !iAccounts of ¥iFginia and the City Auditor*s office, the Chief Clerks bf each of abes, !courts should be bonded In the total amount of $IS,O00oO0, and requested that Council ,amend Ordinance No. 1336§, adopted on April 28, 195§, fixing the amounts and pen- alties of bonds required of certain officers and employees of the city. proyidJng for coverage of the Clerks of the two cour~ involved. Mr. Pollard offered the following emergency Ordinance: (~1419~) AN ORDINANCE to amend and reordotn Ordinance No. 13365, adopted by the Council of the City of Roanoke, Virginia, on the 20th day of April. 195~; and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No, 24, page 249.) Mr. Pollard moved the adoption of the Ordinance. The motion mas seconded ilby Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Robber, Wheeler, and the President, Mr. !iAnderson .............................. 5. i NAYS: Mr. Young ............ 1. (Mr. Dillard absent) i! Mr. Young stated that in his opinion it should not be necessary to bond all ;iai the employees of the city, since a number of them do not handle funds, and:since lithe city's present blanket bond c'overs all of its employees, there must be some ireason with which he is not familiar, Dr. Cornell moved to request the cityts insurance advisory committee to ~liappear before Council and explain this matter°The ~otion was seconded by Mr. Wheels and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NO~E. CONSIDERATION OF CLAIMS: NONE. ItffRO~UCTION AND CONSIDERATION OF ORDINANCES AND RES,L,TI,NS: EASEMENTS-RATER DEPARTMENT: C~uncil'at its m~e~ting of October $. 1960. having directed the preparation of on Ordinance accepting the grant of a perpetual easement for a right of way for a 6-inch water main Over and across the lands of Daunt Food Properties. Incorpora[ed, in lieu of~a similar action taken by Ordinance No. 1~041, adopted on April 15, 1957, as recommended by the City Manager, Hr. Pollute offered the following emergency Ordinance repealing Ordinance No. 13041: (a14199) AN OROINARCE repealing Ordinance No, 13041, adopted by this Council on the 15th da! or April. 195T, and providing for an emergency, (For full text of Ordinance, see Ordinance Oook No, 24, page 250,) Wt. Pollard moved the adoption of the Ordinance, The motion mas seconded by mr, Wheeler and adopted by the following vote: AYES: messrs. Cornell. Pollard, Webber, Wheeler, Young, and the President #fo Anderson ................... NAYS: None ..........O. (Mr. Oillard absent) Mr. Wheeler offered the follouing emergency Ordinance accepting the said easement as recommended by the City Ranager: (~14200) AN ORDINANCE accepting the grant of a perpetual easement for a right of uny for a 6-inch wateF main over and across the lands of Giant Food Pro= peFties. Incorporated, lying and being in the City of Roanoke, Virginia, and designated as Official Tax NOS. 2761701 and 2750101; authorizing and directihg the acceptance by the Water Department of the City of Roanoke of title to the main laid therein upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 24, page 250,) ' Mr, Wheeler moved the adoption of the Ordinance. The motion was seconded by Wt. Young and adapted by the following vote: AYES: Messrs, Cornell, Pollard, Webber, Wheeler, Young, and the President, NAYS: None ..........O. (Mr, Dillard absent) YRAFFIC-S£[ERS AND STORM DRAINS-STReETS AND ALLEYS: Council at its meet- lng of October 3, 1960~ having directed the preparation of an Ordinance accepting a il2-foot wide strip of land along Melrose Avenue. N. W., for the purpose of lnstalliu~ isaid company mill pay one-half the cost thereof, Mr. Webber offered the following ]iemergency Ordinance accepting the dedication of a 12-foot wide strip of land from (~14201) AN ORDINANCE accepting the dedication of a 12-foot wide strip real estate from Giant Food Properties, Incorporated, off its real estate situated on the south side of ielrose Avenue, N, N** for municipal purposes, a triangular area for a storm drain easement, and two strips for electrical easements; and pro- viding for an emergency. (For full text of Ordinance, see Ordinance Rook No. 24, page 252.) Mr. Webber moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Corn*Il, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson ....................... 6. NAYS: None .............. 0. (mr. Dillard absent) Mr. Pollard offered the following Resolution conditionally agreeing to pro- vide the proposed improvements: (a14202) A RESOLUTION expressing unto Glues Food Properties. Incorporated, this Council's conditional willingness to pay one-half of the estimated cost of certain proposed improvements to be made on and nd]hcent to Its real estate situated on the south side of Melrose Avenueo N. (For full text of Resolution, see Resolution Dook No, 24, page 252,) NFo Poi]etd moved the adoption of the Resolution, The motion was seconded by Mr, Webber end idopted'by the following vote: AYES: Ressrs, Cornell, Pollard, Robber, Rheeler. Young, and the President !!ar, Anderson .................. 6. NAYS: None ......... O. (Mr, Dillard absent) MARKETS-SIGNS: Council at its meeting of October 3. 1960. having directed i~ithe preparation of a Resolution authorfzin9 the #erhet Area Shopping Association ~use of the City Rarhet Auditorium and permission to erect a banner across Campbell ~Avenue in the Market area. Dr. Cornell offered the following Resolution: (a14203) A RESOLUTION authorizing the Clerk of the Markets to permit the iWarhet Area Shopping Association to use the City Market auditorium fromOctober 20 ~ithrougb October 22, 1960. free of rental, and, also. granting a permit to said association to erect a banner across Campbell Avenue, in the Market area, advertisiw the Market area Festival, during the aforesaid dates, for a period not to exceed 15 days prior to said festival, under the conditions herein contained, (For full text of Resolution, see Resolution Book No. 24, page 253.) Dr. Cornel! moved the adoption of the Resolution. The motion was seconded by Mr, Young and adopted by the following vote: AYES: Messrs. Cornell, Pollard. Webber, Rheeler, Young, and the President Mr. Anderson ........................ NAYS: None ...............O. (Mr. Dillard absent) STATE HIGHWAYS: Council at its meeting of September 26. 1960, having directed the preparation of an Ordinance authorizing and directing condemnation of certain lands reqalred for improvements to State Route Il7, Mr. Young offered the following emergency Ordinance: (=14204) AN ORDINANCE authorizing and directed the acquisition by the Citl of certain lands and rights in land in the City of Roanohe, situate on Peters Creeh Road, N. W., wanted and needed for the purposes of widening and improving said road; and providing for an emergency. (For full text of Ordinance, see Ordinance Oook No. 24, page 254.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .............................. NAYS: Or. Cornell ..........1. (Mr. Dillard absent) BONDS: Council at its meetin9 of September 26, 1960, having directed the preparation of an Ordinance providing for the issue and sale of Two Hundred Eighty Thousand Dollars ($290,000) of Refunding Bonds, Series 'LL.= Mr. Wheeler offered the following emergency Ordinance: ,! _m (x1420$) AN ORDINANCE to provide For the issue of bonds of the City of Roanoke, Virginia, la the amoont of Two fluedred Eighty Tbouseud Dollars ($200,000) to provide funds with which to retire, et maturity, Three Hundred Thousand Dollars ($300,000) outstanding term bonds of the City of Roanoke, Virginia, that become due and payable on the First day of January, 1961; and providing rot an emergency, (For full text of Ordinance, see Ordinance Hook No. 24, page 256.) Mr, Mheeler moved the' adoption of the Ordinance. The motion was seconded by Mr, Young and adopted by the following vote: AVES: Messrs, Cornell. Pollard, Mebber, Mheeler, Young, and the President NFo Anderson ......................... NAYS: None ................O. (Mr. Dillard absent) MOVIONS AND MISCELLANEOUS BUSINESS: qUALIFICATION OF OFFICERS: The City Clerk reported the qualification of Messrs. Henry B. Boynton, David Dick and Julian H. RaFfia as members of the City Planning Commission; Messrs, Elmore D, Hetns and Thomas P. Parsley as members of the Sinking Fund Commission; and Mr. C, Fred Mangus as a Commissioner of the City of Roanoke Redevelopment and Housing Authority. Mr, Young moved to file the report. The motion was seconded by Mr. ~heele~ and adopted, BUILDINg DEPARTMENT: Council at its previous meeting baying laid over the appointment of two members of the Board of Appeal - Building Code, the Mayor called for nominations. Mr, Mheeler placed in nomination the name of Mr. J. M. Yeatts as a memeber of the Board of Appeal - Building Code, for a term of five years beginning October 1, 1960. Mr. Young placed in nomination the name of Mr. J. Hamilton Smithey, to fill an unexpired term off the Board of Appeal - Building Code, ending September 30, 1964. Mr. Webber moved to close the nominations. The motion was seconded by Dr. Cornell and adopted. Mr. J, M, Yeatts was elected a member of the Board of Appeal - Building Code, for a term of five years beginning October 1, 1960, by the followin9 vote: FOR MR. YEATTS: Messrs. Cornell, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............... 6. (Mr. Dillard absent) Mr. J. Hamilton Smithey was elected to fill an unexpired term on the Board! of Appeal - Buildlng Code. for a term ending September 30, 1964, by the following vote: FOR ~/. SMITHEY: Messrs. Cornell, Pollard, ~ebber, Mheeler, Young, and the President, Mr. Anderson ........... 6. (~ro Dillard absent) POLICE DEPARTMENT: The City Manager reported that Police Officer L. L. Fields was injured on duty May 26, 1960, and subsequently has been off duty on two occasions totaling sixty-nine days, which exceeds the sixty day authority for paymen~ of full salary to police officers off duty by reason of injuries received in line '73 Inty suthorized by Resolution No. 474§, and requested that Council nuthorJze pay- ment of the officer's full salary for the nine days in excess of that previously authorized, Dr. Cornell offered the following Resolution: (z14206) A RESOLUTION authorizing and directing that L, L, Fields, a ilmember of the Police Department, mbo mas unable to perform hfs regular duties acconn iiof personal injury received in line of duty, be paid his regular salary for a period iiof nine days beginning October 1. 1960. (For full text of Resolution, see Resolution Boot No. 24,- page 260.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded iby Hr, Young and adopted by the following vote: AYES: Yessrs. Cornell, Pollard, Nebber. #heeler, Young, and the President iRr, Anderson ................... 6. NAYS: None .......... O. (Mr. Dillard absent) There being no further business, Council adjourned. APPROVED A T~T~:~ .... ~l t! COUNCILt REGULAR MEETING, Monday, October 17, lg60, The Council of the City of Roanoke wet ia regolar meeting la the Council Chamber in the Municipal Building, Monday. October 17, 1960, it 2tO0 o'clock, p. m., the regular meeting hour. with the President, Mr, Anderson, presiding, pRESENT: Messrs, Pollard, Mebber, Mheeler, and the President, Mr, Anderson ........................................................ 4. AHSENT~ Messrs. Cornell, Dillard, and T,un9 ..........3. OFFICERS PRESENT: Mr. Harry R, Yates, Acting City Manager and City Auditor, Mr. Randolph 6, Mhlttle, City Attorney, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Eugene M. James, Pastor. Loudon Avenue Christian Church. (Colored) HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: MARKETS: The City Clerk presented a communication from the City Rescue Mission, Incorporated, requesting use of the City Rarket auditorium, free of charge, on the evening of December 24. 1960, for the purpose of holding its annual Christmas party for needy children, at which clothing, toys, etc.. will be distributed. Mr. Mehber moved to direct the City Attorney.to prepare a Resolution granting the request. The motion was seconded by Mr. Wheeler and adopted. SEMERS AND STORM DRAINS: The City Clerk presented a petition from owners and tenants of property in the southeast section of the city, lying along Three and one-half Street and Fourth Street, between Mountain Avenue and Highland Avenue, advising that the area is served by a combination storm drain and sewer line which, in periods of heavy rains, floods and backs sewerage and storm waters into the street and onto their properties, which they consider to be unhealthy, as well as causing considerable damage to their properties and businesses, and request~ lng that Council take necessary measures to eliminate the condition. A group of the petitioners appeared before Council in support of the request. Mr. Mebber moved to refer the matter to the City Manager for study, cost estimate and recommendation. The motion was seconded by Mr. Wheeler and adopted. REPORTS OF OFFICERS: SEWERS AND STORM DRAINS: The City Manager reported that Roanoke Memorial Hospital, in connection with the construction of the Roanoke Memorial Rehabllitatio~ Center at McClanahan Street and South Jefferson Street, has been advised by the il Engineerin9 Department that it will be necessary to dispose of storm mater from the property, but that storm drain facilities are not available in the city streets, to carry such water, and that to construct an adequate drain to take care of the [ storm water from that property and also relieve the drainage problem on Wiley Drive mill cost approximately $4,202.10, the City Manager stating that the hospital! his offered to pay one-half of the said cost andrecomwendJng that C~unctl accept said offer. Mr, Wheeler moved to direct the City Manager to advertise for bids fur constructlo~ of the proposed storm drain and to direct the City Attorney to prepay* a Resolution accepting the offer of Roanohe Manorial Hospital to pay one-ball the cost thereof. The motion wasseconded by Mr, Pollard and adopted, SEMERSAHD STORM DRAINS~ The City Manager advised'that the sanitary sewer extending through an easement across the property being developed by Towers Shopping Center, south of Brandon Avenue,.ls inadequate, to carry the present sewer load; that the condition will be aggravated by construction of the shopping center, as well as the Roanohe Technical Institute; and that during construction of ~he Towers Shopping Center a fill of several feet in depth will be placed over the existing easement, the City Manager, for this reason, recommending that Council authorize construc~on of approximately 525 feet of 12-inch sewer line through the said easement at this time before the fill .is made, estimating that the cost of the work will be approximately Mr. Mebber moved to direct the City Manager to advertise for bids for the construction of the sewer line as recommended. The motion was seconded by Mr. Wheeler and adopted. MATER DEPARTMENT: The City Manager presented a communication from the Manager of the Mater Department, advising that Skyway Shopping Center, Incorporated at Hershberger Road and Airport Road, has presented a plan for a water system which it proposes to construct at its expense and turn over to the city when completed; that the plan as presented contemplates three variations from'the rules and regu- lations for construction and acceptance by the city of such projects; (1) it will be necessary for Council to authorize acceptance of the installation in easements and the acceptance of said easements; (2) the plan contemplates construction of a section of main with 4-inch pipe rather than the minimum 6-inch pipe allowed in the county; and (3) the company contemplates placing four fire hydrants on its pruperty, which will require waiving the rule that such hydrants *may be installed upon the written application Of the Board of Supervisors ofthe County and such Board's agreement to pay a yearly fire hydrant rental charge of $100.00 for each hydrant in advance, the Manager of the Water Department and the City Manager recommending that Council waive the rules as requested and accept the water system upon its completion. Mr. Mebber moved to table the matter until the next regular meeting of Council ad to direct that the Manager of the Water Department furnish Council a statement advising reasons for the request for exceptions enumerated in his communication, the relative cost Of construction under existing rulesand regula- tions as Opposed to construction under the exceptions requested, and the effect thereof On the cJty*s revenues, and that the Manager of the' Water Department be present at the next regular meeting of Council. The motion was seconded by Mr. Pollard and adopted. MATER DEPARTMENT: Council et its meeting of August 22. 1960, having received a report of its committee, recommending that the city lease to the Roanohe Council of Garden Clubs an .Od-acre tract of land located on the northeast corner of Jefferson Street and Yellow Mountain Road, S. E.. being a portion of the Water Department's Crystal Spring tract, for erection of a Garden Center.'and having directed the City Minager to consult with Dr. Byron N. Cooper of Virginia Poly- technic Institute and obtain from him a written opinion of the effects upon Crystal~i Spring mhlch might be expected by reason of erection of the proposed Garden Center on that plot. and having referred the matter to the City Planning Commission for stody and recommendation, the City Manager presented a communicationfrom Ur. Cooper. advising that after investigation of the site, he believes that the possibility of interference with the flow of Crystal Spring by reason of construction of the pro= posed building is virtually nil; that he doubts one could block off or plug the underground stream or otherwise impede its escape out through Crystal Spring even if be deliberately tried to do so, and that if care is taken to restrict grading Of the site along the east border next to Crystal Spring so that there is no danger of clay washing into the spring basin, he can see no reason whatever to believe that the erection of a modest building on the site would adversely effect Crystal Spring, The City Clerk advised that the City Planning Commission has not reported on this matter to date. Mr. Wheeler moved to table the matter until the report o£ the City Planning Commission is received. The motion mas seconded by Mr. Webber and adopted. REFUNDS AND REBATES-LICENSES: Council at its meeting of September 1960. having requested the City Attorney to advise whether or not it can grant the request of Mrs. W. N. Gillespie that the second half of the 1960 license tax against her late husband, Dr. W. N. Olllespie, be abated, the City Attorney presented an opinion advising that Council is without authority to grant the request. Mr. Mheeler moved ~o table the matter until the next regular meeting of Council. The motion was seconded by Mr. Pollard and adopted. REPORTS OF COMMITTEES: AIRPORT: Council at its meeting of September 26, 1960, having referred to a committee composed of Messrs. Roy L. Webber. Chairman, Harry R. Yates and Arthur S. OMens, for study and recommendation, a notice of American Airlines, In- corporated, that it has filed a petition under Section 401(g) of the Federal Aviation Act for termination or suspension of its authority to serve Roanoke, the committee submitted Its report, recommefldifl~ that Council advise the Clril Aeronau- tics Board that it has no objection to holding of an early hearing on the American Airlines petition. Mr. We b b er moved to concur in the report and offered the following Sesol~ (m14207} A RESOLUTION inforning the Civil Aeronautics Board that this Council has no objection to said board*s holding an early hearing in the matter of the petition of American Airlines, Incorporated. for the termination or suspension of its authority to serve Roanoke. (For full text of Resolution, see Resolution Book No. 24, page 2bi.) '?7 tine: Mr. Webber moved the adoption of the Resolution. The motion uts seconded by Mr, Wheeler nnd adopted by the following vote: AYES: Messrs. Pollard, webber. Wheeler, end the President, Mr. Anderson .................. 4. NAYS: None .....O. (nessrs, COrnell, Dillard and Young absent) PURCBASS OF PROPERTY~RSCREATION DEPARTMENT-PARES AND PLAYGROUNDS: Couaci et its meeting of November 23, 1959, bari,ag referred to a committee composed of Mr. Welter L. Young. Chairman, Mr. Benton O. Dillard end Mrs. Mar7 C. Pickett for study and recommendation the question of acquiring park land in the Garden City area, the committee reported that since one of its members Is no longer · member of Council and*that Council has another committee studying the overall park and recreational requirements, composed of Messrs. Roy L. Webber. Chairman, Willis M. Anderson, and Roy R. Pollard, uhich committee has made a considerable study of the overall question, it recommends that Mr. Young*s committee be discharged and the matter referred to Mr. Mebber's committee for inclusion in its study end recoemendation. Mr. Wheeler moved to-concur in the report and recommendation of the committee. The motion was seconded by Mr. Pollard and adopted. - PURCHASE OF pROPERTY-RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Council having previously referred numerous requests for park and recreational facilities to a committee composed of Messrs. Roy L. Webber, Chairman. Willis M. Anderson and Roi R. Pollard. for study and recommendation, the committee submitted a report, advising that it has studied the various requests involved and recommend- in9 that Council consider all of the requests along with its studies of the 1961 budget, with a view of submitting all requests presented to Council during the year 1960 for park and recreational facilities to the freeholders at a bond teleran dum. including the Garden City area just referred to it. Mr. #heeler moved to concur in the report of the committee. The motion was seconded by Mr. Pollard and adopted. Mr. Webber then moved to direct the City Ranager to furnish Council an estimate of the cost of acquiring the various individual sites, construction and equipment of the various recreation centers, and i~provements to existing centers and buildin~ covered by the various proposals received during the year 1960, for its consideration. The motion was seconded by Mr. Wheeler and adopted. SEWERS AND STORM DRAINS: Council at its meeting of October 3, lqbO. having referred to a committee composed of Messrs. Boy L. Webber, Chairman. Walter Young. Arthur 5. Owens and Randolph G. Whittle, for study and recommendation, a request of the Council of the Town of Salem 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 an area containing approximately eight acres, known as the Locust Grove Park Subdivision. and immediat contiguous territory, lying immediately north of the Town of Salem in Roanoke County. the committee submitted its report, recommending that the request of the Tomn of Salem be granted. Mr. Wheeler moved to concur in the report of the committee and offered the following Resolution: ly i! (m14206) A RESOLIJ~ION amendisg the coutvuot of October i6, 1953, betmeeo the City of Roanoke and the Toms of Salem, dealing with the treatment of domestic end commercial wastes, (For full text of Resolution, see Resolution Book No. 24. page 262,) Mr. Rheeier moved the adoption of the Resolution. The motion uss seconded by Hr, Pollard and'adopted by the folloming vote: : AYES: Messrs. Pollard, Robber, Mheeler, and the President, Hr. Anderson .............. ~ ........ 4. NAYS~ None ..........O. (#essrs. Cornell, Dillard and Young absent) UNFINISHED.BUSINESS: PENSIONS-CITY SERGEANT: Council having previously laid over an opinion of the City Attorney concerning the request of the City Sergeant that the City Code be amended to permit him to retain his membership in the city's Employees' Retirement System. the matter mas again before the body. Hr. Webber mo~ed to table the matter until the regular meeting of Councili= on November 14, 1960. The motion mas seconded by Mr. Pollard and adopted. CONSIDERATIO~ OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLtrtlONS: AIRPORY: Ordinance No. 14196, authorizing the City Manager to execute an instrument granting a license to United States of America. Federal Aviation Agency. embodying the right and privilege to install an underground duct system to provide radar facilities at Roanoke Runicipal (Woodrum) Airport, having pre- viously been before Council for its first reading, read and laid over, was again before the body, Mr. Pollard offering the following for its second reading and final adoption: (ml41qb) AN ORDINANCE authorizing the City Manager to execute an instrument granting a license to United States of America, Federal Aviation Agency! embodying the right and privilege to install an underground duct system to provide!~ radar facilities at Roanoke Municipal (Woodrum) Airport. (For fall text of Ordinance, see Ordinance Book No, 24. page 261.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Pollard. Webber, Wheeler. and the President, Mr. Anderson ....................... 4. NAYS: None ..........O. (Messrs. Corhell. Dillard and Young absent) MO~XONS AND MISCELLANEOUS BUSINESS: FIRE DEPARTMENT: Mr. Wyatt K. Metts appeared before Council and pre- sented certain photographs, which, in his opinion, indicate that proper main- tenance is not being carried out' On the building which houses Fire Station No. 9, Mr, Retts pointing out that Of the three pieces of ftrefighting apparatus stationed at the said station, only one is in serviceable condition, the other tho being out of commission. 7.9 Mr. Mebber mover to refer the matter to the City Manager for study and report, The motion mas seconded by Mr, Mheeler and adopted. There being no further business. Council adjourned. A P P R 0 VIeD COUNCIL, REGULA~ MEETING, Monday. October 24. lgGO, The Council of the City of Ronuoke met in regular meeting in the Council Chamber in the Municipal Ouilding. Monday. October 24, 1960. at 2:00 o'clock, p. the regular meeting hour. with the President. Hr. Anderson. presiding. PRESENT: Uessrso Cornell. Dillard. Pollard. tfebber, Wheeler, Young. and the President, Hr. Anderson ......................... ?. ABSENT: None .............................O. OFFICERS PRESENT: Mr. Arthur S, Owens. City Manager, Ur, ,James Y~. J:lncanots Assistant City Attorney, )Jr, garry RD Yates. City Auditor, and Ur, J, Robert Thomas i City Clerk, INb*OCATION: The meeting was opened mith a prayer by the Reverend Oarold E~ tlelms. Pastor, Foursquare Gospel Church. MIr~GTES: Copies of the minutes of the regular meetings held on October 10~ lgf)O, and October 170 19f20, having been furnished each member of Council. upon motion of Mr. Wheeler, seconded by Mr. Pollard and adopted, the reading was dispensed with and the minutes approved as recorded. REARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m** Monday,i October 24. 1960, on the request of Mr. W. A. Oilier, Jr°, et ox.. that their pro- perry located at 2116 Rennington Street, S. E., designated as Official Tax No. 4250201, and contalnin9 approximately one acre. be rezoned from General Residence District to Busioess District, and the City Planntn9 Commission having previously recommended that the property be rezoned to a Light Industrial District, and ootice of the hearing on the question of rezoning the property to a Light Industrial Dis- trict having been published in The Roanoke World-News on October 7, 1960, the hear- ing was held at which no one appeared in opposition. Mr. James P. Hart, Jr., Attorney for the petitioners, appeared before Council and stated that his clients were agreeable to rezoning to a Light IndustrialI District and requested that Council concur in the recommendation of the City Plannin! Commission. : Mr. Webber moved to concur in the recommendation of the City Plannin9 mission and offered the following Ordinance: laid209) AN ORDINANCE to amend and reenact Title XV, Chapter 4. Section of The Code Of the City of Roanoke, 195~. in relation to Zoning. WHEREAS, application has been made to the Council Of the City of Roanoke to have that certain 1-acre parcel of land, fronting 100 feet on the southeasterly side of Bennington Street, 5. E** being 2118 Bennington Street, S. E., and designated as all of Official Tax No. 4250201, rezoned from General Residence District to Ousi-! ness District; and W;D BEAS, the City Planning Commission has recommended shat the herelnafteri,I described land be rezoned from General I~esidence District to Light lndnstrial DistriCt; and /82 MDEREASo notice required by Title XV, Chapter 4, Sectioe 43, of The Code of the City of Roanoke, lgS6. relating to Zoning, has been published in mThe Roanoke ~orld-Nems.m · newspaper published In the City of Roanohe, for the time required by said section; end o WHEREAS. the hearing ns provided rot in said notice was held ou the 24th itday of October, 1960, ut 2:00 o clock, p, m** before the Council of the City of IIRoanoke at mbich hearing nil parties in interest and citizens were given an opportu i nlty to be heard both for and against the proposed rezonlng; and - WBEREAS, this Council. after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned to a Light Industrial !iDlstrict, TBEREFOflE. BE IT ORDAINED by the Council of the City of Roanohe that Title iXY, Chapter 4, Section 1. of The Code of the City of Roanohe, lgS6, relating to Zoning, be amended and reenacted In the following particular and no other, viz,: That certain 1-acre parcel of land, fronting 100 feet on the southeasterly side of Dennington Street, S. £.. being 2118 Bennington Street. S. E., and designate( on Sheet 425 of the Zoning Map as all of Official Tax ~o. 4250201. be, and is hereby changed from General Residence District to Light Industrial District, and the Zoning Rap shall be changed in this respect, Mr, Webber moved the Ordinance on its first reading, Themotion was secon~ ed by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ................. ?, NAYS: None ................... O, ZONING: A public hearing having been set for 2:00 o'clock, p. m,, Monday, iOctober 24, lq60, on the request of Rr, and Mrs. Frank Wlggens and Messrs. Thurman C ~and Morris P. Crowder that their properties located on the north side of Shenandoah iivenue, N. W., between Thirty-sixth Street and the east line of Lot 1, Block 2, Section 2, Oregon Park, east of Crowmovr Street, designated as Lots 1-6, inclusive. Oregon Park, and Lots 1-4, inclusive, Block 1, and Lots l and 2, Block 2, Map of Section 2. Oregon Park, be rezoned from General Residence District to Business Dlstrt ~iand notice of the hearing havin9 been published in The Roanohe World-News on October ii?, 1%0, and the City Planning Commission having previously recommended that the request be denied, the hearing was held. lemurs. A. T. Loyd and J. Thomas Engleby, III, Attorneys for the petitionel appeared before Council and again advised that all the property on the north side of Sheaandoab Avenue from the center of the city to the city limits, excepting the pro- perty of their clients, is presently zoned for business purposes; that their clients property is not suitable for residential purposes, and that although there is a deed restriction against the use of the property for other than residential purposes as reported by the City Planning Commission, this should have no bearing on the request ed rezoning since the owners of the property intend to go before the Dustings Court and have the restriction removed since it is no longer required in viem of present day conditions. ct. Mr, C, C, Holleadsmorth, 513 Nestmood Boulevard, No W** uppeure~ before Council end presented e petition mhich he advised is signed by all the owners of the prnper~y ia the effected area opposing'the requested rezoalng, Mr, ~ollaadswortb fur lher advising that the present deed restrictions on the property were intended to *rotect the property owners rrna b~sJness encroachment into their subdivision; that the subdivision mas developed by the petitiSners for the rezoning~ and that the restrictions still have eight to twelve years to run, I. Mr, Henry Mapleton. 514 Yestwood Houlernrd, also appeared in opposition to the rezonin9, advising thut he is one of the signers of the petition opposing the! After considerable discussion of the matter. Mr, Webber moved to concur the recommendation of the City Planning Commission and deny the request for re- zoning. The notion was seconded by Mr. Pollard and adopted, PETITIONS AND COMMUNICATIONS: CITY MANAGER: The City Clerk presented a petition bearing 1,818 names, petitioning Council to terminate.the services of Mr. Arthur S. Owens as City Manager, Wfor his demonstrated failure over a long period to properly handle the duties of the City Manager, which lack of efficient and economical management is seriously affecting the growth of the City of Roanoke industrially and has caused feelings of 111 will and the public spirit of the citizens of Roanoke are at a low ebb, and at the same time has caused a feeling of mistrust and lack of confidence in the Roanoke City governmentou Mr. Myatt K. Metts, who filed the petition, appeared before Council and presented additional petitions bearing 45 signatures, Mr, Metts advising Council that he realizes that this is not a majority of the people in the city. and request- ing that Council hold an advisory referendum to determine whether or not the majorit of the citizens agree with the petitioners. Mrg Mheeler moved to file the petition. The motion was seconded by Mr. Young, Dr. Corflell offered a substitute motion to direct the City Attorney to pre~ pare an Ordinance calling an election for an advisory referendum at which the people! could vote for Or against removal of the City Manager, said election to be held at an early date in conjunction with some other election so that no additional costs would be involved. The motion was seconded by Mr. Dillard. After a considerable discussion of the matter, Mr, Webber moved the pre- vious question, The motion was seconded by Mr. Wheeler and adopted by the followingI vote: AYES: Messrs, Cornell, Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr, Anderson ................. 7, NAYS: None ...................O, The substitute motion was then lost by the following vote: AYES: Masers. Cornell and Dillard ......... NAYS: Messrs. Pollard, Mebber, Wheeler. Young, and the President, Mr, Anderson ............................................. Hr. Wheeler*s original motion was then adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber. Wheeler. Young. and the President. Hr. Anderson ............. ?. NAYS: None ...............O. STREET LIGHTS: The City ClerR presented a report of the Appalachian Power Company. showing the Installation of one 2500 lumen street light in the city during the month of September. 1960. Hr. Young moved to file the report. The motion mas seconded by Hr. Wheelex and adopted. SEWERS AND STOeM DRAINS: The City Clerk presented a communication from th~ Cassell-Hodges Company. complaining of storm water accumulating on Thurston Avenue. iN. E.. at Williamson Road, causing damage to property in that area. Mr. Webber stated that this is the same matter which Was previously con- !plained of by Gimbert and Gimbert, Incorporated, and deferred for action in connecti~ n iwlth the 1961 budget, and moved that this request be tabled for consideration along ~:with the 1961 budget. The motion was seconded by Mr. Pollard and adopted. SIGNS: The City Clerk presented a communication from The Milliken Company, i:protesting the payment of sign inspection fees in the amountof $4.00, advising that~~ ~ ithe sign inspections were made by two men, one of whom never left the automobile inor approached closer than 75 feet to the property; that the inspection mas extremel~ cursory in nature, and, in its opinion, not proper, and saggesttng that Council amen~ !the sign inspection law to eliminate such fees and to further assure that inspection! ere properly made. Mr. Eugene P. Crumpler appeared before Council and advised that he is in the business of selling signs in ~e city; that numerous costumers of his firm are icomplaining of the sign inspections being conducted by the city onthe same basis :los those submitted by The Milliken Company; that, in his opinion, the Ordinance should be revised to provide a larger original fee for sign permits and elimination ilof fees for inspections which are conducted at periods of two years or longer on !ieach sign; and that under the present law the Building Commissioner actually in- spects and charges a fee for signs painted on the sides of brick buildings, when no possible safety factor could be ~volved, which in his opinion is unjustified. Mr. C. H. Miller appeared before Council and stated that he is connected with the Purina Company, that be has observed the so called sign inspections, and that in his opinion the inspectors do not actnally inspect the signs. Ii Mr. Lewis G. Leftwich, Building Commissioner, was present and advised !LCouncil that the primary purpose of inspecting the signs is to assure the public safety, and that in his opinion his inspectors are doing a creditable Job, Mr. Leftwich ~teting that the reason two men were present at the time Of inspecting The Milliken Company*s signs Is that one of the vehicles Of the department was in the ilshop, and that one of his other inspectors, probably an electrical inspector or iiplumbing inspector, sas along .ith the sign inspector so that be could cover the isame territory for needed inspections without unnecessary loss of time. ,f Dr, Cornell moved to direct the City Manager and the Commissioner of ~aildings to make · study of the sign licensing and inspection law, with a view of :thing proper amendments thereto, end submit their recoumendstions to Council. The ~otion was seconded by Mro Wheeler and adopted, REPORTS OF OFFICERS: BUDGET-STATE DIGDRAYS: The City Manager requested an appropriation of ~1,267,00 to provide for payment for negotiations and appraisal in connection ulth Lhe acquisition of rights of way for improvements to State Route 117. Mr. Wheeler moved to concur in the request and Offered the following emer- gency Ordinance: (#14210) AN ORDINANCE to amend and reordaln Section ~140, *Street Construc~ riga** of the 1960 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 24, page 263.) Mr, Wheeler moved the adoption of the Ordinance, The motion uss seconded ~y Mr. Young and adopted by the following vote: AYES: Messrs, Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .............. 7. NAYS: None ................O, ti BUDGET-ELECTIONS: The City Manager requested a transfer of $1.200.00 fram udges and Clerks to Extra Help in the Electoral Hoard account of the 1960 budget. ~nd advised that the request is necessitated by reason of the unusually large number Of registrations in connection with the presidential election. Mr. Young moved to concur in the request and offered the following emergency :dinance: (~14211) AN ORDINANCE to amend and reordain Section ~132, *Electoral 3gardau of the 1960 Appropriation Ordinance, and providing for an emergency, .(For full text of Ordinance, see Ordinance Book No. 24, page 263.) Mr. Young moved the adoption Of the Ordinance. The motion was seconded by dr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............. 7. NAYS: None ...............O, : BUDGET-DEPARTMENT OF PURLIC WELFARE: The City Manager requested an appro- .riation of $2,500,00 for Supplies la the City Home account to cover needed expendi- ures for the remainder of the calendar year, Mr. Webber moved to concur in the request and offered the following emer- lency Ordinance: (~14212) AN ORDINANCE to amend and reordain Section u54. *City Home.u of .he 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 264.) Mr. Webber moved the adoption Of the Ordinance. The motion was seconded )y Dr, Cornell and adopted by the following vote: ::85 -:86 AYES: Messrs, Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Ur, Anderson .................. NAYS: ~one ....................O. BUDSET~COM#ISSIONER OF REVENUE: The City Manager requested an approprlatlo of $250,00 to Stntionery and Office Supplies in the Commissioner of Revenee account of tho 1960 budget, tn provide for necessary increased costs In coneectloa with the *reparation of the tax rolls, and stated that tho entire cost will be borne by the city, Mr. Wheeler moved to concur In the request and offered the following emer- ilgency Ordinance: (~14213) AN DHD/NANCE to amend and reordaln Section ~5, "Commissioner of 'Ravenna,m uf the 1960 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Dunk No, 24, page 264.) Mr. Wheeler moved the adoption of the Ordinance, The motion was seconded by Mr. Young and adopted by the following vote: AYES: ~essrso Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr° Anderson ............... 7. NAYS: None .................O. BUDGET-LIFE SAVING CREWS: The City Manager requested an appropriation of $450,00 to Supplies in the Life Saving Crew account of the 1960 budget, and advised that the request is being made to cover the purchase o£ fleeded oxygen and first-aid isupplies. Dr, Cornell moved to concur in the request and offered the following emer- (u14214) AN ORDINANCE tO amend and reordain Section #69, "Life Saving (For full text of Ordinance, see Ordinance Book No, 24, page 255°) ,! the requested emendaent will provide for construction of sewer lines on private property which will conform to the standards used by the city In constructing sewer mains and also Mill conforw to provisions of the National Plumbing.Code, Hr, Young moved to concur In the request end offered the following energen Ordinunce; (u14215) AN ORDINANCE to amend Sec. 88, tGrades* of the Plumbing Code of the City of Roanoke end providing for an emergency, (For full text of Ordinance, see Ordinance Dook No, 24, page 265,) Mr, Young moved the adoption of the Ordinance. The motion Was seconded by #Fo Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler. Young. and the President, Mr, Anderson ................ NAYS; None ..................O, SEWERS AND STORM DRAINS: Council at its meeting of September 26, 1960, having directed the City Manager to advertise for bids for three storm drainage problems uelch he considered to be the most needed in the city, the City Manager submitted his report, advising that he has advertised for and received bids on the three pro- Jects he considers most needed in the city. viz.; Grandin Road in the vicinity of Guilford Avenue and Carlton Road, to serve the Shrine Hill property; Main Street, S, W., in the vicinity of Kerns Avenue and Floyd Avenue; and Winthrop Avenue, to thei south Of the Towers Shopping Center; and then submitted tabulations Of bids, showing~ respectively, low bids of John A. Hall in the amount of $20,119.00, Hudgins ~ Pace in the amount of $16,103.50, and Hudgins ~ Pace in the amount of $?,661,50, and recommended that the bid of John A. Hall for the drain on 6randin Road be tabled until the next regular meeting of Council, and that the two bids submitted by Hudgins ~ Pace be accepted, advising that if Council concurs in his recommendation it will be necessary to appropriate $25,365,00 to pay for the contracts involved and advertising costs in connection with the bids. Mr. Webber moved to table the bid of John A. llall until the next regular meeting of Council. The motion was seconded by Mr, Wheeler and adopted. Dr, Cornell offered the following emergency Ordinance accepting the bid iHudgins ~ Pace for the Main Street, S. W., project: (#14216) AN ORDINANCE accepting the proposal of Hudgins ~ Pace for the construction of a storm drain on Hain Street, 5. W,; authorizing the proper City Officials to execute the requisite contract; rejecting all other bids; and providingI for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page Dr. Cornell moved the adoption of the Ordinance. The motion Was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. Webber, Wheeler, Young, and the President. Mr. Anderson ................ 7. NAYS: None ..................O. -:87 Mr. Nheeler offered the following emergency Ordinance accepting the bid of Hudgins ~ Pace for the~lntbrop Avenue project: (a14217) AN OHDINANC£ accepting the proposal or Hudgins 6 Pace for the construction of a storm drain in the vicinity of #lnthrop Avenue, S, M,; authorizing the proper City Officials to execute 'the requisite contract; rejecting nil other bid~ and providing for an emergency, (For ~11 text of Ordinance. see Ordinance Boor No, 24. page 267.) Mr. Mheeler moved the adoption of the Ordinance. The notion nas seconded ilby Dr. Corneil and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, ~ebber. Nheeler, Young. and the i!President, Mr. Anderson ................ il NAYS: None ..................O. ! Mr, Young offered the following emergency Ordinance appropriating the nec- i!essury funds: (~14210) AN ORDINANCE tO amend *nd reordain Section ~141, WSewer and :Drain Construction,# of the 1960 Appropriation Ordinance, and providing for an ,emergency. (For full text of Ordinance, see Ordinance Rook No. 24, page 268,) Mr, Young moved the adoption of the Ordinance. The motion was seconded by ~!Mr. Nheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, [ebber, ~heeler, Young, and the President, Mr. Anderson ............. NAYS: None ...............O. LICENSES: Council at its meeting of October 10, 1960, having directed the iCity Attorney to furnish an opinion on a request of the Virginia Oas*line Retailers !Association, Incorporated, for exclusion of federal gasoline taxes from gross :receipts for license tax purposes, the City Attorney submitted his opinion in i!which he advised that Section 40~1 of Title 26, D. S, Code, levies the gasoline tax !!upon the producer or importer thereof, and consequently retail dealers are not serving as federal tax collectors; that the matter has been to the Virginia Supreme Court of Appeals, which court has supported the United States law; that a similar federal excise tax applies to beer. wine, cigars, cigarettes, clothing, automobiles. etc., and that if Council were to permit deduction of gasoline taxes for city li- cense tax purposes it would be equitable to make the same provision for other com- modities bearing federal excise taxes upon the manufacturer, producer or importer. Mr. James ~. Heizer, Executive Secretary of the Roanoke Valley Retail Gas*. line Dealers Association, appeared before Council and aired that the matter be laid over one week so that he might have an opportunity to study the CttyAttorney*s opinion. .Mr. lheeler moved to table the matter until the next regular meeting of i!Counctl. The motion was seconded by Dr. Corneil and adopted. REPORTS OF COMMITTEES: NONE. ONFINISHEO BUSINESS: WATER DEPARTMENT: A recommendation of the City Nsnager that Council lze acceptance of a Water system in Shyway Shopping Center property at Dershberger Road and Airport Road, N, W,, waiving requirements of the City Code lo certain in- stances, which was laid over from the meeting of October 17, 1960, mas again before the body, urn Mebber moved to table the matter until the regular meeting of November 7, 1960, The motion was seconded by Ur, Pollard and adopted, REFCIqOS AmD R£DAT~S-LICENSI~S: A request of Hrs. W. N, Gillespie for abate. merit of the second half of a license tax imposed against her late husband and the opinion of the City Attorney in connection therewith, which were laid over from the meeting of October 17. 1960. were again before the body. Mr. Mheeler moved to direct the City Attorney to prepare a Resolution abat~ in9 the license tax for the last half of the year 1960 against Dr. We N* Gillespie, deceased, in the amount of $121.6q. The motion was seconded by Mr. Pollard and adopted. Dr. Cornell moved to refer to a committee composed of Messrs. Randolph G. Mhittle. Chairman. Harry R. Yarns, and Andrem N. Gilbert. the question of amending the License Tax Code to provide for abatement of the second half of license taxes when the licensee holding a non-transferable license is deceased during the first part of the tax year. The motion Was seconded by Mr. Wheeler and adopted. ZONING: Council at its meeting of August 22, 1960, having referred to the City Planning Commission for study and recommendation a request of Mr. Russell E. i Thomas that his property located on the northeast corner Of Staunton Avenue and Lafayette Boulevard, ri. N., designated as Lot 9, Section 3, Villa Heights, Official Tax No, 2431409, be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, advising that the matter has been considered by it at a meeting where five members were present, three of whom mere in favor of rezoning the property as requested, believing that it will not hurt the surrounding properties adversely, while two were opposed to the proposed rezoning, being of the opinion that it will sacrifice existing zoning principles and be contrary to the interest of the community, and therefore recommending that the request be granted, Rr. Nebber moved to hold a public hearing in the matter at 2:00 o'clock, p, m,, November 21, 1960. in the Council Chamber, and to direct the attorney for the petitioner to prepare the proper notice thereof, have it approved by the City At- torney and present it to the City Clerk for publication. The motion was seconded by Mr. Mheeler and adopted. ZONING: Council at its meeting of September 19, 1'960,' having referred to the City Planning Commission for study and recommendation a request of Benalder Bayse, et al,, that their properties located on the south side of Melrose Avenue, N. ~., between Thirty-sixth 5treat and Fentress Street, designated as Lots 1, 2 and ¸9O 3, Section 1, Howell Hap, be rezoned frou Special Residence District to Business Dis. trict, the City Planning Commission submitted its repo~t, advising that in itu opinion such rezoning will be det.rimental to the surrounding residential neighbor- hood and such properties should not he renamed unless contiguous land in a larger area is considered, and therefore recommending that the request be denied, The City Clerk advised that the petitioners desire a public hearing in the matter, Mr, Rheeler moved to set a public hearing on the request for 2:00 o'clock, p, m,, November 21, 1960, and to direct the attorney for the petitioners to prepare iithe proper notice thereof, have it approved by the City Attorney and present it to !ithe City Clerk for publication, The motion was seconded by Mr, Young and adopted, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: MARKETS: Council at its meeting of October 17, 1960, having directed the Jpreparation of a Resolution authorizing the City Rescue Mission, Incorporated, to ~!use the City Market auditorium the evenin9 of December 24, 1950, free of charges, iDr, Cornell offered the following Resolution: (u14219) A RESOLUTION authorizing the Clerk of the Markets to permit the City Rescue Mission, Incorporated, to use the City Market auditorium on December 24, lg60, free of any charge. (For full text of Resolution, see Resolution Book No. 24. page 268.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded [by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the :iPresident,.Mr, Anderson ................... 7, NAYS: None ..................... SEMERS AND STORM DRAINS: Council at its meeting of October IT, 1960, haviU :'directed the preparation of a Resolution accepting the offer of Roanoke Memorial iBospltal to p~y one-half of the cost of constructing a storm drain at Jefferson Str, from its new Roanoke Memorial Rehabilitation Center to Roanoke River, Mr, Young !!offered the following Resolution: (~14220) A RESOLUTION regarding the proposed construction of a storm drai~ in Jefferson Street, S, W., and conditionally accepting the proposal of RoanQke Memorial Hospital to pay $2,101,05 on the cost thereof, ![ (Fo~ full text of Resolution, see Resolution Hook No. 24, page 269.) by Mr, Young moved the adoption of the Resolution, The motion was seconded ;~ Mr. Pollard and adopted by the following vote: AYES:Messrs. Cornell, Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr. Anderson .................... 7, NAYS: None ......................Oo MOTIONS AND MISCELLANEOUS BUSINESS: POLICE DEPARTMENT: Mrs, Dean A, Sturgill, 2513 Chatham Street, N, W,, ap- Ilpeared before Council and stated that her 16-year old daughter was arrested by ilSergeant Wilson and Officer Yates of the City Police Department on Thursday, October mmmmm 20, 1960; was taken to police headquarters, where, daring interrogation, she was beaten by the officers, resulting in n block eye, swollen lips, nad n swollen head~ parents in bad condition, Mrs. Sturgill advising that she then contacted the'City Hsnager who sent Dr. John G. HcCown, City Physician, to her home to examine the girl that later the City Manager nnd Lieutenant Harris of the Police Department came to her home, at which time the City Manager adrised her that it would be necessary for the girl to identify the policemen who struck or beat her; that she subsequently took bar daughter to the City Hall and in the lobby thereof the 9itl identified Sergeant Wilson as the man who beat her, on which occasion Sergeant Wilson used derogatory language to her and her daughter and grabbed Hfs. Sturglll by the arm. bruising her, Mrs. Sturgill charging that while her daughter was at police head- quarters Sergeant Wilson pulled her into a little room by the hair, Mrs. Stargill stating that she took her daughter to another doctor on October 23, 1960, who said that the girl had had n severe mauling, and advising that in her opinion Dr. McCown was obviously told what to say before he visited her home which resulted in his state- ment to the press that her daughter was slightly bruised. Dr. Corn*Il moved to employ a neutral physician to examine the girl and report to Council th~ condition in which he finds her. The motion died for want of a second. Dr. Cornell then moved to refer the matter to a committee composed of #es~s. Roy B. Pollard, Vincent S. Wheeler and Benton O. Dillard for a thorough investiga- tion and report to Council. The motion was seconded by Mr. Dillard. Mr. Webber offered a substitute motlon to direct the City Manager to make a complete investigation of the charges made by Mrs. 'Stur~ill and submit his report thereon to Council. The motion was seconded by Mr. Wheeler and adopted, Dr. Corflell and Mr. Dillard voting no.. OUALIFICATION OF OFFICERS: The City Clerk reported the qualification of Dr. Charles M. Corn*Il as a member of the Youth Commission, and Messrs. J. M, Yeatts and J. Hamilton Smithey as members of the Board of Appeal - Building Code. Mr. Young moved to file the report. The motion was seconded by Mr. Wheeler and adopted. Councll then adjourned its meeting until ?:30 o'clock, p. m** at which tim~ it has set a public hearing on the request of Safety Motor Tran~t Company for in- creasing certain of its fares. BUSES: Council reconvened at 7:30 o'clock, p. m., with all members present, at which time the Mayor arms*need that the purpose of the adJoerned meeting is to hold a public hearing on the request of Safety Motor Transit Company that the existing contract between the city and the said company, covering its operations in the City Of Roanoke, be amended to provide for an increase in its cash fares from 1St to 20~, and also to proride [or two tokens at ~St, with no other changes in its fare structure. of the company, and other officers, and advised Council that the companyis losing benefits amounting to approximately $0,000.00 annually, both of which were effective of the six to be delivered being approximately $133,000.00; that the operational !earnings for the company of $05,413.00 per annum with a net earnings of $44,44~.00 i!sixty-eight buses, eighteen of which are under three years of age; that with the six iiwhich will cover most of its main lines, the older and less efficient buses being itained for peak load periods and for secondary lines. iifares as requested; that he believes less ne~ equipment should be purchased; that Mr, George ~, Seed, Jr., HFS, EIYn Hudson, and Mrs, Elizabeth So ~armon ppeared before Council in opposition ~ the requested fare increases and advised $1,00 per year, and deny.lng the request for fare increases, said Ordinance to be fqoveuber 1, 1960, The motion mas seconded by Ur, Young nnd adopted, Ifessrs, Cornell end Dillord voting no, There being no further business. Council adjourned, A PPR OVI~ D COUNCIL, REGULAR MEETING, Monday, October 31, 1960, The Council of the City of R,an,he met in regular meeting in the Council Chamber in the Runicipal Building, Monday, October 31, 1960, at 2.'00 o'clock, the regular meeting hour, with the President. Mr, Anderson, presidlhg.. PRESENT: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, end the President. Mr. Anderson ............. 7. ABSENT: None ..................... O. OFFICERS PRESENT: Hr. Arthur S. Owens. City Manager, Hr. 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 Mr. Arthur S. Owens. MINU~ES.* Copy of the minutes of the regular meeting held on October 24, 1960, having been furnished each member Of Council, upon motion of Dr. Cornell, seconded by Mr. #heeler and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF C~TIZENS UPON PUBLIC RATTERS: ZOIilNG: I public hearin9 having been set for 2:00 o'clock, p. m., Monday, October 31, 1960, on the request of Dr. Charles F. Davis, Jr., et mx.. that their properties located on the north side of Melrose Avenue. N. Id., between Crescent Street and Forest Park Boolevard, designated as Lots 27-30, inclusive, Block 11, ¥illa Heights, and Lots 1-5. Inclusive, Gray Map, a subdlrisfon of Lot 1, Block 5. Forest Park, designated as Official Tax Nos. 2431117-2431121, inclusive, and 2431227-2431230, inclusive, be rezoned from Special Residence District to Business District, and notice of the hearing havin9 been published in Th~ Roanoke World-News on October 14, 1960, and the City Planning Commission having preuiously recommended that the request be denied, the hearing wai held at which no one appeared in opposition. Mr. Charles D. Fox, Jr., Attorney for the petitioners, appeared before Council and stated that cootrary to o statement contained in the report of the City Planning Commission, his client bas o, intention of operating a drug store on the property concerned, and that he bought a portion of the property included ia the request to protect his medical clinic from encroachment of such type of businesses and to maintain the professional air of the property in keeping with the surrounding community, Mr. Fox presenting Dr. Davis who advised it is his intention to develop the property into a professional center, expansion to be on the same architectural basis as his clinic, where professional people such as doctors, lawyers, etc., can have offices, and that he proposes to provide off-s parking for use of the tenants and theii customers and clients, Mr. Fox advising that the property Is not suitable for residential purposes, being located off a main highway~ and failure to rezone it will constitute denial of its use for any practicable purpose, and requesting Council to rezone the property in accordance with the petition of bis client. Mrs. B. W. lrvin, who resides immediately across the street from Dr, Davis* property, appeared and advised that she is nat opposed to the requested rezoning. Mr. Webber offered the following Ordinance: (s14221) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section of The Code or the City of Roanoke, 1956. la relation to Zoning, WHEREAS, application has been made to the Council of the City of Eoanoke to have property located on the north side of Melrose Avenue, N. W.. between Crescent Street and Forest Park Boulevard, described as Lots 27-30, inclusive, Eiock 11, Villa Heights. and Lots 1-5. inclusive, Gray Map, · subdivision of Lot 1. Block 5. Forest Park, designated as Official Tax Nos. 2431117-2431121. inclusive, and 2431227-2431230, inclusive, rezoned from Special Residence flJstrict to Business District; and WHEREAS, the City Planning Commission bas declined to recommend that the hereinafter described land be resound from Special Residence District to Business District; and WHEREAS, notice required by Title XV. Chapter 4, Section 45. of The Code of the City of Roanoke. 1955. relating to Zoning. has been published in ~Yhe Eoanoke World-News** a newspaper published in the City of Roanoke. for the time required by said section; and WHEREAS, the hearin9 as provided ~r in said notice was held on the 31st day of October. lgbO, at 5:00 oOclock, p. n.. before the Council of the .City of Roanoke, at which hearing all parties in interest and citizens mere 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 hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINEO 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 Melrose Avenue. N. W.. between Crescent Street and Forest Park Eoulevard. described as Lots 27-50, inclusive. Block 11, Villa Heights, and Lots 1-5, inclusive. Gray Map. a subdivision of Lot Block 5, Forest Park, designated on Sheet 243 of the Zoning Map as Official Tax Nos. 2431117-2431121, inclusive, and 2431227-2431230, inclusive, be, and is hereby. changed from Special Residence District to Business District and the. Zoning Map shall be changed in this respect. Mr. Webber moved the Ordinance on its first reading. The motion was seconded by Dr. Cornell and adopted by the. following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the P~esident, Mr. Anderson .............. ?. NAYS: None ........~ ........... O. :9.6 PETITIONS AND CORRUNICATIONS: WATER OEPART#ENT: The City Clerk presented n petition of Times-World Corporation end Towers Shopping Center. Incorporated, advising that Tomers Shop- ping Center, Incorporated, lessees Of a tract of land owned by Times-World Corpor- ation, located at the corner of Colonial Avenue nod Brsndoa Avenue, is erecting a modern shopping center thereon, end in its plans and specifications for the shopping center there is included the installation of an 6-inch water main connecting and looping with the water mains of the city located in Brandon Avenue and Twenty-third Street. S, W** and laterals from the said main connecting to each of the store rooms or units of the shopping center, and separate meters for each such unit, uhic~ they propose to construct at their entire cost and thereafter transfer title to the City of Roanoke along with title to an easement through their properties in which the water system will be installed, and requesting that Council adopt an Ordinance uuthorizin9 proper o~ficlals of the city to accept the system when completed along with the easement in which it is constructed. The Manager of the Water Department and the City Ranager both recommended that Council accept the system and adopt the proper Ordinance providing therefor, and pointed out that this is the same procedure followed mith reference to the wats] s~stem in the Giant Foods Shopping Center located on Melrose Avenue at the western corporate limits of the city. After considerable discussion of the matter. Mr. Young offered the following emergency Ordinance: (~14222) AN ORDINANCE accepting the 9rant of a perpetual easement for n right of way for an eight-inch water main over and across that portion of the lands of Times-World Corporation demised for a term of years untoTowers Shopping Center, Incorporated, lying and being in the City of Roanoke, Virginia, and more particularly described on a plat of the same of record in the Clerk's Office of the Oustings Court of the City of Roanoke, Virginia, in Deed Book 1075, at page 2Fl; authorizing and directing the acceptance by the City of Roanoke of title to the main laid therein upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 271.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .............. 7. NAYS: None ....................O. SOUTHEAST CIVIC LEAGUE-TRAFFIC: The City Clerk presented a communication from the Southeast Civic League.'requesting that a traffic light be installed at the intersection of Thirteenth Street and Dale Avenue, S. E., to alleviate a hazardons traffic condition existing at that intersection. Mr. Young moved to refer the matter to the City Manager for study and recommendation, The motion mas seconded by Mr. Mheeler and adopted. STREETS AND ALLEYS~ The City Clerk presented a pe~tion from residents of the ares, requesting that Dundee Street. S, E,. be graded and paved with gravel. Dr. Cornell moved to refer the request to the City Manager for study and recommendation. The motion mas seconded by Mr. Young and adopted. CITY GOVERNMENT: The City Clerk presented a communication from Morthing- ton Associates. Incorporated, Consulting Management Engineers of New York City, offering their services in connection uith a survey of the city government organization. Dr. Cornell moved to file the communication. The motion was seconded by Mr. Mebber and adopted. REPORTS OF OFFICERS: BUDGET-GARBAGE DISPOSAL: The City Manager requested a transfer of $10500.00 from Repairs to Incinerator to Supplies in the Refuse Disposal account of the 1960 budget, which transfer is necessary to provide sufficient operating funds for the remainder of the year. Mr. Young moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#14223) AN ORDINANCE to amend and reordain Section a97, *Refuse Collection and Disposal,' of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book Nb 24. page 272.} Mr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber, Mheeler, Young. and the President, Mr.. Anderson .............. ?. NAYS: None ....................O. EASEMENTS-APPALACHIAN PONER COMPANY-AIRPORT~ The City Manager advised that in connection with service Of electricity to the hangar being constructed at the Municipal Airport for lease to Piedmont Airlines, Appalachian Power Company has requested an easement across airport land for construction of a power line. and recommended that Council authorize granting of the easement requested. Mr. Wheeler moved to concur in the recommendation of the City MacagcF and offered the following Ordinance: (g14224) AN ORDINANCE authorizing and directing the proper City Officials to execute and deliver a deed of easement to the Appalachian Power Company. MHEREAS, the City Manager has recommended the granting of the easement herein authorized in order that the Appalachian Power Company may make available electric service to the Cityts airport hangar to be leased unto Piedmont Aviation, Incorporated, in which recommendation this Council concurs. THEREFORE, BE IT ORDAINED by the C~uncIl 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 execete and deliver an indenture to the Appalachian Power Company, conveying unto said company a right of way and easement, with the right, privilege and authority to said corporation, its saccessors and assigns. to construct, erect, operate and maintain a line or lines for the purpose of trans- mitting electric or other power thereover, said right of .way being situate in the Coun~y of Roanoke and described us folious: BEGINNING ut a point 5 feet southwest of the property line common to Mary Elva Coulter and the CityOs property, said point in the property line being located S. 2g° 30' E. 703.16 feet from a point on the east side of Airport Road; thence, extending N. 26° 54* M., a distance of ?24 feet, sore or less. to a point; thence. S. 4go 44* 50~ M., a distance of 205 feet. more or less. to its terminus on the south side of new hangar. for the nominal consideration Of $1o00 and after the form of suchindeuture shall have been approved by the City Attorney. Mr. lheeler moved the Ordinance on Its first reading. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber, Mheeler. Young. and the President. Mr. Anderson .............. NAYS: None ....................O. TRAFFIC-SEWERS A~ STORM DRAINS-STREEYS AND ALLEYS: The City Manager submitted a tabulation of bids received for construction Of a storm drain and removal of curb, gutter and sidewalk at Giant Foods Shoppln9 Center on Melrose Avenue, N. W.. showing the bid of Niley N. Jackson Company, in the amount of $7.665.00. as low. and recommended acceptance of the low bid. the Clay Manager advising that it will be necessary to appropriate sufficient funds for the contract involved and also for improvements covered in Resolution No. 14202. adopted by Council on October 10, 1960, in the amount Of Mr. Young moved to'concur in the recommendation Of the City Manager and offered the following emergency Ordinance: (;14225) AN ORDINANCE conditionally accepting the proposal of Wiley N. Jackson Company for the construction of storm sewer and removal of curb, gutter. and sidewalk at Giant Foods Shopping Center; 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 Hook No. 24, page 2?3.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the follomtng vote: AYES: Messrs. Cornell, Dillard, Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson .............. NAYS: None ....................O. ~'99 Mr, Youog theo offered.the following ewergeocY Ordiaaaoe appropriotio9 necessary funds~ (#14226) AN ORDINANCE to amend and reordaJn Section mi40, *Street Construction,u Section 8141, WSemer and Drain Coastruction,~ and Section m144o *Departmentol Equipment and Improvements,' of the 1960 Appropriation Ordinance, and providing for on emergency, (For full text of Ordinance. see Ordinance Dooh No. 24, page 274.) Hr. Young moved the adoption or the Ordinance. The motion was seconded by Hr. RheeleF and adopted by the following vote: AYES: Hessra. Cornell, Oillardt Pollard. Nebber, Mheeler, Young, and the President, Hr. Anderson .............. NAYS: None ....................O, SEMERS AND SYORM DRAINS: The City Manager submitted a tabulation of bids received for the construction of a storm drain at Towers Shopping Center between Erandon Avenue and the Spigel property in Southwest, and recommended acceptance of the low bid submitted by Hudgins and Pace. in the amount of $2,296.~O, the City Homager advising that an appropriation will be necessary for the contract l~rolred. Mr. Wheeler moved to concur ia the recommendation of the City Manager and offered the following emergency Ordinance: (~14227) AN ORDINANCE accepting the proposal of Hudgins ~ Pace for ~e construction of a storm sewer at Towers Shopping Center; 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 Book No. 24, page 275.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded: by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard. Mebber. Wheeler. Youn9, and the President, Mr. Anderson .............. NAYS: None ....................O. Mr. Wheeler then offered the following emergency Ordinance appropriating necessary funds: (~14228) AN ORDINANCE to amend and reordain Section ~141, *Sewer and Brain Construction,~ of the 1960 Appropriation Ordinance, and providin9 for au emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 276.) Mr. ~heeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following rote: AYES: Messrs. Cornell, Dillard, Pollard, ~ebber, Rheeler, Young, and the President, Mr. Anderson .............. NAYS: None ....................O. ~iO0 SER~RS AM) STORM DRAINS: The City Manager submitted a tabulation of bids received for the construction of · storm drain on Jefferson Street to serve the Roanohe Memorial Hospital Rehabilitation Center. nad reconwecded uoceptnace of the low bld'subwltted by Drnper Construction Company. in the amount of $4.4T5.50, the City Manager advising tbnt it will be necessary to ·pproprinte funds for the con- tract if awarded. Mr. Mheeler moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#14229) AN ORDINANCE accepting the proposal of Draper Construction Company !for the construction of a storm drain On Jefferson Street; authorizing the proper City Officinls to execute the requisite contract; rejecting all other bids; and iproviding for an emergency. (rot fall text of Ordinance. see OrdinauceBook No. 24. page Mr. Mbeeler moved the adoption of the Ordinance. The motion was seconded 'iby Mr. Pollard and adopted by the following rote: AYES: Messrs. Cornell. Dillard, Pollard, Mebber, Nheeler, Young, and the President, Mr. Anderson ............ NAYS; None .....................O. ~r. ~heeler then offered the followin9 emergency Ordinance appropriating (314230) AN ORDINANCE to amend and reordaln Section ~141. "Sewer and Drain iCons·ruction," of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 27T.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr, Young and adopted by the following rote: AYES: Mesirs. Corflell, Dillard. Pollard, #ebber, lheeler. Young, and the President. Mr. Anderson ................ NAYS: None .....................O. SEWERS AND STORM DRAINS: The City Manager reported that in connection with lin tabulation of bids previously presented to Council for construction of a storm i!drainOrandin Road, S. W., from west of Carlton Road to an east off point alley iof Guilford Avenue, to serve the Shrine Hill property, on which the low bid :isuhmltted by John I. Hall Company, in the amount of ~20,119.00, n restudy by the i!Eagineering Department indicates the necessity for construction of an additional iilg4 feet of 36-inch drain to parallel an existing 36-inch drain from Beverley i!Soulevard to the creek because the existing drain is inadequate to carry the Hater !ithat will be imposed upon it, and that, subsequent to the original bid, John ilBall Company has. by letter, agreed to construct the required additional drain for ii$3,083.00, the City Manager recommending that both the original and supplemental bids submitted by John A. Hall Company be accepted, and a contract authorized there- for, and advising that it will be necessary to appropriate $23.202.00 to provide for this work.' Mr. #ebbev moved to concur in the recommendation of the City #manger and offered the folloulag emergency Ordinance accepting the original bid of John A. Hall Company: (m14231) AN OROINAHCE accepting the proposal of John A. Hall ~ Company, Inc** for the construction of m storm drain on Grnndin Road, S. M., 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 Book No. 24. page Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. Webber, Rheeler, Young, and the President, Mr. Anderson .................. ?. NAYS: None ....................O. Mr. Wheeler offered the following Resolution accepting the supplemental offer of John A. Hall Company: (u14232) A RESOLUTION supplementing Ordinance No. 14231, adopted O:tober 31, 19bO, accepting a proposal of John A. Hall 6 Company, Inc. (For full text of HesolutloB, see Resolution Book ~o. 24, page Mr. Wheeler moved the adoption of the Resolution. The motion was seconded' by Hr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler, Young, and the President, Mr. Anderson .................. NAYS: None ....................O. Mr. Young offered the follouing emergency Ordinance appropriating necessary funds: (#14233) AN ORDINANCE to amend and reordain Section ~141. "Sewer and Drain Construction,' of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 279.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler, Young, and the Preside~t~ Mr, Anderson .................. 7. NAYS: None ....................O. REPORTS OF COMMIYTRES: NONE, UNFINISHED BUSINESS: LICENSES: Council at its meeting of October 24, 1960, having tabled until its next regular meeting a request of Virginia Retail Gasoline Dealers Association,'Incorporated, that the city license tax code be amended to eliminate from gross receipts for license tax purposes federal gasoline taxes collected by gasoline dealers, along with an opinion of the City Attorney in connection there- wi}h, the matter was again before the body. 102 Hr. Jznes M. Heizer, Executive Secretzry of the Gzkollne Deolers Asso- ciation, appeared before Council tad stated thor In his opinion changes ia the federal law since the Illinois case quoted by the City Attorney do not~ necessarily levy the tax on the manufacturer or importer of gasolines; that the stun method of collecting rexes applies to federal and state gzsoline taxes, sad be can see no reason why state gasoline taxes s~ould be deductible while federal taxes are n~t; that the inclusion of federal gasoline taxes in gross receipts for license tax purposes works a hardship oh the gasoline retail dealer; and tbst ~hile his association intends to present the matter before the next session or the Virginia General Assembly, immediate relief is now needed insofar us city license taxes are concerned. Hr. Cornell stated that in his opinion Council should afford relief to the retail gasoline dealers In this matter rather than Malt for the General Assembl to act. Mr. Webber moved to refer the matter to n cbmmittee composed of Hessrs. Randolph G. Hhlttle, Chairman, Harry R. Yateso Andrew N. Gilbert and c. H. Cornell for study and recommendation. The motion Mas seconded by Mro Hheeler and adopted. HO~HS-CIYY EHPLOYEES~ Council at its meetiog of October 10. 19600 hnvin requested that the city's insurance advisory committee explain why it is necessary to bond all of the city's employees under n blanket public employees' faithful performance bond. the committee submitted its report, advising that the premium charge for the blanket bond is based on duties of the employees who are divided into Class A. Class B and Class C; that the major portion of the premium onthe bond comes from Class A employees who are the ones in best position to cause a loss; that Class H employees' cost is eighty-five cents each for three years; that there is no charge for Class C employees; that the employees falltn9 under Class C in the present three year bond term, numbering60~ are the majority of the city's m~nJctpal e~ployees; that while no premium is charged for these e~ployees the city is covered the same as if they were rated as Clasa A or B; that experience has shown employees falling under Class C, while not handling funds, are in a position to bring about losses other than purely monetary and should be bonded; that prior to the present system of bonding the city's employees, the city was. taking full responsibility for any losses that might have occurred, arising from any employees not named specifically and bonded which covered only a:fractional number of the city's employees, whereas, undpr the present system, which is less expensive than the previous one. all municipal employees are'bonded; and that elimination of the Glass C employees from the present bond will not reduce the premium and consequently will effect no savings to the city, while giving it an additional liability not covered. Mr. Young moved to file the communication. The motion was seconded by Mr. Hheeler and adopted. CONSIDERATION OF CLAIWS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance NO, 14209, rezoning iron General Residence District to Light Industrial District property located on Dennington Street, S, E,, having prerioanly been before Council fur Its fJrJt rending, read and laid orer,.wns again before the body, Dr. Cornell offering the rolloming for its second reading end final adoption: (n1420g) AN ORUINANCE to emend and reenact Title X¥, Chapter 4, Sectlonl~ of The Code of the City of Roanoke, 1956, in relation to Zoning, (For full text of Ordinance, see Ordinance Book NO. 24, page 2VO.) i i' Dr. Cornell moved the adoption of the Ordinance. The motion was seccnded~ by Hr. Pollard and adopted by the following vote: AYES: Ressrn. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and thet President, Hr. Anderson .................. 7. NAYS: None .................... O. BUSES: Council at its meeting of October 24, lgbO, having directed the preparation of a Resolution amending the contract of August 1, 19S1, between the City of Roanoke and the Roanoke Railway ~ Electric Company and Safety Motor Transit Corporation, to provide for an increase in cash fares from IS~ to 20¢, and for the sale of two tokens at S5¢, effective November 1, 1960, Mr. Young offered the roi- Iguana Resolution: (~14234) A RESOLUTION conditiunally amending paragraph (S) of a contract dated August 1, 1951, between the City of Roanoke and the Roanoke Railway ~ Electri~ Company and Safety Motor Transit Corporation, to authorize an increase in fares. (For full text of Resolution, see Resolution Uook No. 24, page 200.) Hr. Young moved the adoption of the Resolution. The motion was seconded by Hr. Webber and adopted by the following vote: AYES: Messrs. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ....... ? .................................. NAYS: Messrs, Corflell and Dillard .......... REFUNDS AND REBATES-LICENSES: Council at its meeting of October 24, 1960,t having directed the preparation of a Resolution abating a portion of a license tax assessed for the year 19~0 against Dr. W. N. Utllespie, deceased, Hr. Wheeler offered the following Resolution: (n14235) A RESOLUTION authorizing the abatement of a portion of a local license tax assessed for the year 1960, together with a penalty thereon and an issuance fee. (For full text of Resolution, see Resolution Book No. 24, page Mr. Wheeler moved the adopZJon of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President. Mr. Anderson .............. ?. NAYS: None .................... O. TAXES: Et cppenrlng that there.will be I reduction of 2t per $100.00 or. nssessed:valuntiou of taxable property In the nwount require~ to provide for payment or priacipnl end Interest on the city's outstnndfng non revenue bonds for the yeur1961, resulting in a reduction or 2t on the tax rate required for that year, Mr..Young offered the following Ordinance: " ' (z14236) AN ORDINANCE to amend and reordain Section I or Chnpter I or Title VI of The Code or the City or Roanoke. 19S6, establishing the ~ate of end levying an annual Lox upon all re~ estate nnd.l~provements thereon, upon allitems of household tangible personal property enumerated in Section 5b-~29 and (12) of the 1950 Code of Virginia, upon nil machinery and tools, including machinery and tools used in manufacturing and mining businesses, upon the tangible personal property of public service corporations except rolling stock of corpor- ations operating railroads by steam, and upon all other tangible personal property Iff the City, not exempt from taxation by law.. WHEREAS, a thirty-four cent increase in the $2.~0 tax rote provided for in 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 a~ approved by the votes of the freeholders of the City, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section I 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~ amended and reordained to provide as follows: Sec 1. Rate of tax on personalty and r;altI. Pursuant to section 2, subsection (1). nnd section 47 of the Charter of the city, and pursuant to the provisions of the general la~, there shall be levied for the 19~1 tax year, and annually thereafter until otherwise provided, upon all real estate and improvements thereon, upon all items of household t~ngible personal property enumerated in section 50-0~9 (9). (10), (11) and (1~) of the Code of Virginia, lgSO, upon all machinery and tools, including machinery and tools used in manufacturing and mining businesses, upon personal property of public service corporations except rolling stock of corporations operating rail- roads by steam, and upon all other tangible personal property la the clSy, not exempt from taxation by law, a tax or $2.04 on every one hundred dollars or value thereof, to provide revenue for the support of the city government, the payment 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. Mr. Young moved the Ordinance on its first reading. The motion was seconded by Mr. Mh~ler and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, ~ebber, Wheeler, Young, and the President, Mr. Anderson .................. 7. NAYS: None .................... O. NOTIONS A~D MISCELLANEOUS HHSINES5~ HEA~TH ~EPAHTMENT-DOGS~ Dr. Cornell stated that he hms been advised of numerous caaek mbeee poison hes been used by citlaens to kill' dogs and other animals ia ~he ~lty, such p~ison being placed ~here it is available for humans and pets indiscriminately, nnd that he has~con~u~t~d mith the'Commissioner of Health in this matter and with representatives of the S~cie'ty for' P~evention of Cruelty to A~lmals, both of mhom have advised hl~ tha~ inthelr opinion the Clly Code should be amended to make it ~niawfui to use poisons in this manner ~ithou't first receiving instructions from the' City Health Department on such use and compl~lng-therewith. " ' ' Mr. I. L. Hamburger, a representative of the S, P. C. A., nnd Dr. Ynrgareti M. Giendy, Commlssio'ner of* Health, both appeared before Council in favor of such Dr. Corneil moved to refer to the Commissioner of Kealth ~or study and recommendation the question of unending the City Code t~ provide a's follows: out poison either on food or by itself, where it is accessible to humans or pets without first notifying the RoanQke City Health Department for instructions and complying ~ith those instructions will be guilty of a misdemeanor a~d fined not more than 100 dollars and or up to thirty days' in jail." The motion was seconded by Mr. Pollard and adopted. BUDGET~ The City Manager presented to Council his recommended 1961 budget, containing estimated revenues of $14,750.520.00. and estimated expenses of $15,536,47~.28, with an estimated deficit of $777,958.2~ In the Ceneral Fund. Council took the budget under consideration. There bein9 no further business. Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday, November 7, lgCO, The. Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Mo. ndayt November ?, IgCO, at 2:00 o*¢lock, p, m** l!the regular meeting hour, uith the President, Mr, Anderson, presiding, PRESENT: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, and the Pres [~dent, Mr. Anderson ........................... J ABSENT: Mr. Young .................1o !i OFFICERS PRESENT: Mr. Arthur ',Whittle, City Attorney, Mr. Barry R. Yates. City Auditor, and Mr. Jo Robert Thomas, ,City Clerk. INVOCATION: The meeting was opened with a prayer by Captain Kenneth O. Johnson, Salvation Army. MINUYES: Copy of the minutes of the regular meeting held on October 31, !1960. having been furnished each member of Council, upon motion of Mr. Wheeler, seco t- ed by Mr. Pollard and adopted, the reading was dispensed with and the minutes ap~ pro.ed as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: HEALTH DEPARTMENT: The City Clerk presented a communication from Mr. John Mo :Thompson, submitting his resignation as a member of the Housing and Hygiene Board Of the City Of Roanoke because of ill health. Dr. Cornell moved to accept Mr. Thompson's resignation, expressin9 the appreciation of Council for his service. The motion was seconded by Mr. Pollard and adopted. REPORTS OF OFFICERS: BUDGET-CITY CLERK: The City Manager requested an appropriation of $209.00 for Stationery and Office Supplies in the City Clerk's office, Mr. Pollard moved to concur in the request and offered the following I emeroency Ordinance: (=14237) AN ORDINANCE to amend and reordain Section =2, UClerk,U of the JI1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 284.) Mr. Pollard moved the adoption of the Ordinance, The motion mas seconded iby Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, ned the Presi- dent, Mr. Anderson ..................... 6. WAYS: None ..................O. (Mr. Young absent) BRIDGES-STREETS AND ALLEYS: The City Manager reported that Mr. Morton Honeyman, Trustee, and Ousiness Realty Corporation have offered to dedicate and convey to the city certain land required for widening of Miller 5treat, N. W., south from Shenandoah Avenue, to provide a 60-foot wide right of way, provided the city will, within the immediate future and at its own expense, provide or cause a paved street to be constructed on said right of way of not leas than O inches of com- pacted gravel ~lt~ doable drag asphalt aurface treatment and not less than 24 feet In width, the City Msnoger recommending acceptance of the offer. Mr. Mheeler moved to concur ia the recoumendation of the City Manager and offered the f,Il,ming emergency Ordinance: (u14238) AN OROINANCE relating to the establishment of Miller Street. No M.; authorizing the acquisition of certain land for the right of may therefor; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. page Mr. Mheeler n,red the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Ccrnell. Dillard, Pollard. Mebber. Mheeler, and the Presi- dent. Mr. Anderson ....................... NAYS: None ....................O. (Mr. Young absent) ARMORY: The City Manager reported that the Vlrgi~la National Guard has requested a 25-year lease on a plot of land at Maher Field. immediately in the rear of the Marine irmorl, for ose by the National Guard as a vehicle storage compound, on which it proposes to construct a crushed stone hardstand and around which it proposes to erect a chain link fence, the City Manager advising that the National iOoard has available funds for the hardstand and fence, provided the necessary land is made available by December I of this year. Mr, Mebber moved to refer the request to a committee composed of Messrs. Benton O. Dillard, Chairman, Roy R. Pollard. Arthur S. Owens and Lt. Colonel Samuel J. Light for study and recommendation. The motion was seconded by Mr. Mheeler and adopted. FIRE DEPARTMENT: The City Manager reported that pursuant to a request of Council he has studied the complaints of Mr. Myatt K. Metts concerning maintenance at Fire Station No. 9, and, also, the condition of the equipment thereat, and sub- mitted to Council reports of Fire Chief J. V. Brown in connection with the two complaints, advising that No. 9 Fire Station is properly maintained, however, there has been considerable trouble from moisture in the bedroom occupied by firemen causing the plaster to crumble; that every effort Is being made to determine the cause of this moisture so that proper permanent repairs can be made; that the windowi! shade alluded to by Mr. Metts is an old one installed by the firemen for their con- venience and has been replaced; that the pumping engine at No. 9 about which Mr. Metts has complained broke down on March 6, lq60. and has been out of service since that date, during which time an effort has been made to secure necessary parts for repairs; that apparently these parts are unavailable; that certain fire equipment is stored at No. 9, but is not in service; and that in his opinion it will be nec- essary to purchase two pumpers daring the next two years which mill put the Fire Department equipment in good shape, the City Manager concurrin9 in the Fire Chief's reports. 1,o7 Mr. Mheeler moved to file the reports of the City Manager and to table for consideration ~loug with the 1951 budget'the question of purchasing new equip* ment. The motion was seconded by Mr. Mebber end adopted, REPORTS: The City Manager*submitted a report:of th~ Department of Public Welfare for the month of September, 1960, ~nd repo~ted other departmental reports On file in his office. Mr, Mheeler moved to file the report, The motion was seconded by Mr. Pollard end adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: WATER DEPARTMENT: Council at its meeting of October 24, 1960, having tabled for two weeks the recommendation of the City Manager that Council authorize i!acceptonee of a water system from Skyway Shopping Center at Hershberger Road and iAJrport Road, N. W., along with certain easements in connection therewith, the matter was again before the body, The City Manager submitted a further report of tie Manager of the Water Department, giving a detailed estimate of the revenue which will accrue to the city water system and easements. Mr. Nebber moved to direct the City Attorney to prepare an Ordinance !!providing for acceptance Of the water system and easements In the property Of Skyway !iShopping Center as recommended by the City Manager, The motion was seconded by Mr. i]heeler and adopted. PURCHASE OF PROPERTY-MATER DEPARTMENT: Council at its meeting of August i122, 196D, having referred to the City Planning Commission for study and recommenda- ;sion the question of leasing to the Roanoke Conncil of Garden Clubs an ,B4-acre tract !of land located on the northeast corner of South Jefferson Street and Yellow Monntail !Road, being a portion of the Water Department's Crystal Spring tract, for erection ici a Garden Center, the City Planning Commission submitted its report, recommending 'concurrence in the report of Council's committee in connection therewith. Mr. Wheeler moved to direct the City Attorney to prepare an Ordinance and 'necessary allied papers leasing to the Roanoke Council of Garden Clubs the tract ,ici land requested In accordance with the report of Connctl*s committee. The motion 'was seconded by Mr, Pollard and adopted, STREETS ANB ALLEYS: Council at its meeting of October 10, 1960. having ilferred to the City Planning Commission for study and recommendation a petition of Employee Profit Sharing and Benefit Plan of Wilson Trucking Corporation. requesting that Larchwood Street, N. E., from the north line of Indiana Avenue to the north line of Lot 3, Block 2, Union Stochyard Corporation Map, and Lone Oak Avenue, N. from the west line of Larchwood Street to the west line of Blocks I and 2, Union Stockyard Corporation Map, be vacated, discontinued and closed, and at the same time having appointed viewers to view the said streets and report thereon as provide, I, by the Code of Virginia, the City Planning Commission*s report was submitted in mhic it advised that in its opinion the two streets in question are not needed for traf- iflc circulation in the area, and that the petltioner*s property ia more suited to industrial use than any other and in consequence should be in large tracts, and itherefore recommended that the request be granted. ~r The City Clerk also presented a report of the viewers, advising that they have viemed the streets in question and in their opinion no inconvenience will re- isult from closing of the said streets, and that the said streets should be permanent vacated, discontinued and closed. Mr. Webber moved to set a public bearing in the matter for 2:00 o'clock, p. m., December 5, 1960. in the Council Chamber, and to direct the attorney for the petitioner to prepare the proper notice of said hearing, have it approved by the Cit~ Attorney and present it to the City Clerk for publication. The motion' was seconded by Dr. Cornell and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 14221, rezoning property located on the north side of Melrose Avenue, N. W., between Crescent Street and Forest Park Boulevard, from ISpecial Residence District to Business District, having previously been before Council for its first reading, read and laid over, was agaln before the body. Dr. Cornell offering the following for its second reading and final adoption: (~14221) AN ORDINANCE to amend and reenact Title X¥, Chapter 4, Section 1, of The Code of the City of Roanohe, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 24, page 201.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, and the Presi- dent. Mr, Anderson ....................... NAYS: None ....................O. (Wv. Young absent) EASEMENTS-APPALACHIAN POWER COMPANY-AIRPORT: Ordinance No. 14224. author-i izing and directing the proper City Officials to execute and deliver a deed Of easement to the Appalachian Power Company in connection with electric service to the airport hangar to be occupied by Piedmont Aviation. Incorporated, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Wheeler offering the following forits second reading and final adoption: (~14224) AN ORDINANCE authorizing and directing the proper City Officials to execute and deliver a deed of easement to the Appalachian Power Company. (For fall text of Ordinance, see Ordinance Book No. 24, page 292.) Wv. Wheeler moved the adoption Of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the folloming vote: AYES: Wessrs* Cornell, Dillard, Pollard. Webber, Wheeler, and the Presi~ dent, Mr. Anderson ................... 6. NAYS: None .....~ .......... O. (Mr. Young absent) '109 TAXES~ Ordinance No. 14236, establishing a tax rate of $2.84 for 1961, having previously bee~ before Council for Its first reading, read and laid over, mis again before the body, Mr. Pollard offering the following for its second reading and final adoption: (~14236) AN ORDINANCE to amend and reordain Section I of Chapter I or Title VI of The Code of the City of Roanoke, 1956, establishing the rate of and levying an annual tax aport all real estate and Improvements thereon, upon all items of household tangible personal property enumerated in Section 50-629 (g), (10), (11) and (12) of the 1950 Code of Virginia. upon all machinery end tools, including mach- inery and tools used in manufacturing and mining businesses, upon the tangible per= sonal property of public service corporations except rolling stock of' corporations operating railroads by steam, and upon all other tangible personal property in the City. not exempt from taxation by law. (For full text of Ordinance, see Ordinance Book Nog 24, page 263.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Mheeler, and the Presi- dent, Mr. Anderson .................... NAYS: None .................O. (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC: Mr, A, Fo Magnet again appeared before Council and requested that a traffic s~gnal be erected at the intersection of Orange Avenue and Seventeenth Street, N. l., Mr. Wagner stating that in his opinion the school lights located in this area are not adequate for the protection of children going to and from school, and that four children have been injured and one woman killed in traffic accidents at this intersection. Dr. Cornell moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Pollard and adopted. FIRE DEPARTMENT: Mr. N. M. Mattox, a member of the Fire Department, ap- peared before Council and stated that he is appearing In his capacity as a citizen, Mr. Mattox advising Council that contrary to the repor~ submitted by the Chief Of the Fire Department be is of the opinion that the equipment in the Fire Department is not in good shape; that no inspections are conducted of the equipment; that the condition of the equipment has been brought about throogh neglect; that most of ~ the equipment is obsolete, and much of it is equipped with mechanical brakes which tl are not safe and should be replaced. BUDGET: The Mayor stated that Council has now h~d the City Manager's pro posed budget for one week and should begin its studies thereof; whereupon. Council set a budget study session for the Council Chamber. There being no further business, Council adjourned. APPROVED COONCIL, REGULAR MEETING, Monda~ November 14, 1960, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, November 14, 1960 at 2:00 o°clock, p,m, the regular meeting hour, with the President, Mr, Anderson,presiding. PRESENT: Messrs. Catcall, Billard. Pollard. Webber, Mheeler, Young. and the President, Mr. And ............... 7. ABSENT: None .............. O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr, Randolph G. Whittle, City Attorney. Mr. Harry R. Yarns, City Auditor. and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend C. Andre Kearns. Pastor, Fifth Avenue Presbyterian Church. (Negro) MINL~ES: Copy Of the minutes of the regular meeting held on November 7, 1960, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Pollard and adopted, the reading was dispensed with and the minutes' approved as recorded, NEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: AIRPORT: The City Clerh presented a communication from Messrs. Robert W. Woody. J. W. Burress. E. R. Yaught and Milliam H. Carder. recommending that Council appoint a Citizenes Airport Advisory Committee of five members, one of whom would, at all times, be the then current Chairman of the Chamber of Commerce Airport Committee, for the purpose of meeting regularly with and acting in an advisory capacity to Council*s Airport Committee. and stating that they believe the formation of such a committee will result in closer coordination between the City Council and citizens interested in the airport operation, distributing the work load of inves- tigating all developments of airport operation over a greater number of people, minimizing the chances of official bodies taking divergent positions on matters pertinent to the airport and its operation, and greater potential for new ideas for improving and expanding airport facilities. Mr. Robert N. Woody appeared before Council in support of the communica- tion and stated that he and the Other signers of the petition believe that speedy compliance with their request will be a great assistance to Council in further development of the Municipal Airport potential. Mr. Young moved to refer the request to a committee composed of Messrs. Roy L. Webber. Chairman, Harry R. Yarns and Arthur S. Owens for study and recom- mendation. The motion was seconded by Mr. Nheeler and adopted, COMMUNITY HOSPITAL-PARKS AND PLAYGROUNDS: The City Clerk presented a communication from the Community Hospital of Roanoke Valley, a non-profit corpor- ation organized by a number of citizens with a view of raising necessary funds and building for the community a new and modern hospital to replace those institutions 1'1'1 1!2 oom ia obsolete quarters, advising that of the existing hospital facilities totaling approximately eight hundred forty-four beds, some forty per cent of such facilities are in a state of obsolescence mbich if not corrected promptly mill shortly force retirement thereof; that the Community Hospital of Roanoke Valley 'has caused comprehensive surveys of the city's hospital needs to be made by a recognized expert .in the field, has laid out plans rot a public subscription campaign for building or a modern hospital center, has consulte~ architects, and through a committee of the board, has studied available end appropriate locations for the uem facility; and that its studies indicate that in every respect the most desirable site for the location of the contemplate~ facility Is a portion of Flshburn Park, formerly the old Qty Farm, such portion containing approximately fifty-three and one-half acres, which it requested be conveyed mithout charge to the Community Hospital of Roanoke Valley for the purpose of erecting thereon a mell-planned hospital institution of from three to four hundred beds mlth necessary supporting facilities, parking areas, and space for future expansion. Mr. Martin P. Burks, Vice President of the Community Hospital of Roanoke Valley, appeared before Council and stated that his organization does not expect Council to act upon the matter immediately. Mr. Barks recognizing the fact that there will be opposition to*the request and suggesting that Council appoint a committee to thoroughly investigate all factors concerning the request and present Its findings to Council which can then act on the request on the basis Of such information. Mr. Ernest W, Halloa appeared as Attorney for the residents of the area surrounding the proposed hospital site who oppose erection of the hospital facility on the Fishburn Park property and stated that in the opinion of his clients it will increase traffic in the area. bringing about congestion and danger to school children in a completely residential area, depreciate the value of the residencesin the area, convert a residential neighborhood into an industrial one, deplete city park property and usurp the location of a portion of the said pro- perty previously set aside for construction of a junior high school. Mr. Hallou presented Mr. J. ~ilson lngram mbo advised Council that he is in the process of erecting a ~30,000.00 home on Overland Road, S. M** immediate! across from the site requested for a hospital, and that the erection of the hospita will destroy the value of his home, Mr. Xngram presenting petitioos carrying the names of 535 persons in opposition to the hospital being located on this property for the reasons previously stated. :Mr. Ballou then'presented the following signers of the petitionswho reiterated the objecti~ns contained therein: Ressrs, Lemis P. Thomas, Charles A. Blake, Mason Miller, John H. Miller, R. H. Wahlberg, D. M. Deshitlds, Jr** Mrs. Delores #. L ustic, and Mrs~ E. B. FJshburn. Also appearing in opposition to donation of the land for the hospital as requested mere Mr. James P, Ha~t, Jr** and Dr. L. E. Paxton, After considerable discussion of the mutter. Hr. Dillard moved to deny the request, The motion mas seconded by Dr. Cornell. Hr. Young Offered a substitute motion to take the mutter under consider- ation. The substitute motion mos seconded by HFo Hheeler and adopted. HOUSING-SLUH CLEARANCE: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority, transmitting copy of u revised plan for the Commonwealth Redevelopment ProJect designated as Redevelopment Plan Amendment Ho. 2, as prepared by Jack H. Kendree, Planning Consultants. along with certain allied papers, and recommending that Council approve th~ amendment to the Commonwealth Redevelopment plan as contained therein, which will provide for eventual rezonlng of the property in the Commonwealth Redevelopment Project area for commercial uses. Mr. Russell R. Henley. Secretory of the Authority. appeared before Councit an~ st~d ~s~ as pointed out to Council previously, the necessity for replnnning the project area has been brought about by routing interstate highway spur route from Orange Avenue to Elm Avenue through Comnonmealth Project lands which rendered the said project area unusable for residential purposes. Hr. Jack B. Coulter, Attorney representing eleven resideots of the area, appeared before Council and advised that while his clients have been living in the Commonwealth Redevelopment Project area on land they hove bought from the Housing Authority, no deeds to their properties have ever been given them, but are being withheld by the Authority which now proposes to reacquire the properties concerned; that in his opinion the eleven residents hold valid contracts with the Housing Authority for purchase of the land which they now OCCUpy and there is a legal and moral obligation to furnish deeds to his clJeots, Hr. Coulter pointing out that each of his clients, at the time of purchase of the property, signed a contract therefor and paid the Housing Authority in full for their properties. MFS. Cordelia S. Williams, one of the residents of the area. appeared and stated that not only had she paid cash for the property at the time of signing the contract therefor, but she had been promised delivery of o deed within thirty days thereafter; however, the deed has never, been granted. Dr. L. E. Paxton also appeared before Council and stated that as heretofore advised he feels that routing of the interstate highway spur through the Common- wealth Redevelopment Project is unfair to the residents and former residents of the area, and that the spur route should be changed. Hr. Webber moved to refer the matter to the City Planning Commission for study and recommendation of the planning aspects thereof. The motion was seconded by Mr. ~heeler. Dr. Cornell offered a substitute motion to refer the matter to the City Planning Commission along with the question of changing the interstate spur route to a point further west which Mill miss the Commonwealth Redevelopment Project. The substitute motion was seconded by Mr. Dillard and lost, Messrs. Pollard, Hebber, Hheeler, Young and the Hayor voting no. 113 ll4 Mr. Mebber°s mot·o· uss the· adopted. Messrs. Cur·ell and Dillard voting STREETS ARD ALLEYS~ The City Clerh presented a pet·ti,· from Diamond Plastics Industries. Incorporated. requesting that · portion of the northeast intersection of Presto· Avenue and Moll·ns Rood. N. E.. being · portion of the old Hull·ns Road. be vacated, discontinued end closed, end that viewers be appointed to vfeu the same end report there,· as required by Sect·o· 15-766 of the Code of ¥1rglnie. Mr. Wheeler moved to refer the request to the City Planning Commission for study and recommendation. The mot·o· was s~conded by Mr. Young and adopted. Hr. Wheeler the· offered the foil,wing Resolution appointing viewers as requested: (u1423g) A RESOLUTION providing for the appointment of four viewers in connection ulth the pet·ti,· of Diamond Plastics Industries. Incorporated. to permanently vacate, discontinue and close u pCrtion of a street located in the City of Roanoke. Virginia. and being a sm,Il triangular portion of the original Hull·ns Road. now abandoned, located ut the northeast corner of the intersection of Rollins Road and Preston Avenue. N. E. (For full text of Resolution, see Resolution Book No. 24. page by Mr. Pollard and adopted by the following vote: AYES: Ressrs. Cornell. Dillard. Pollard. Webber, Wheeler, Young. and the President, Er. Anderson .............. 7. NAYS: None ....................O. MUNICIPAL COURT-POLICE DEPARTRENT: The City Clerk presented a communi- cation from the Chief Judge of the Municipal Court, pointing out that three lieutenants of the Police Department have been appointed Deputy Clerks of the Runic·pal Court pursuant to authority granted by Council for the purpose of writing criminal warrants at night, On weekends and on holidays, and that in his opinion, because of the increased responsibilities placed on these officers, they should receive additional compensation therefor, and requesting that Council pro- vide for such increase in remuneration. Mr. Dillard moved to table the matter. The motion was seco·dad by Dr. Coraell and lost, Messrs. Pollard, Webber, Wheeler Young and the Mayor voting Mr, Wheeler moved to refer the request to a committee composed of Messrs. Roy L. Webber, Chairman, Willis M. Anderson, Walter L. Young, J. P. Cruickshank, E. W. Rushton, Arthur S. Owens and J. Robert Thomas, presently studying aspects of the salary and wage plan, for study and recommendation, The motion Was seconded by Mr. You·g and adopted, Mr. Dillard votln9 no. SYSEETS AND ALLEYS: The City Clerk presented a petition of W. Clayton and Ruth B. Lemon. requesting that She·and.ah Valley Avenue. N. E.. from a point lOOfeet south of Kanter Road, southward to the north part of Tract 4-A, Revise~ Union Stockyard Corporation Rap, and Kaater Road. No E., betmeen Shenandoah Valley Avenue and the Shenandoah Division of the Norfolk and Mestern Railway Coupany, lying in northeast Roanoke, be vacated, discontinued and closed. Rr. Uill u rd moved to refer the request to the City Planning Commis- sion for study and recommendation. The motion nas seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS: POLICE DEPARTMENT: The ~ity Manager reported that. pursuant to a direc- tive of Council ut its meeting of October 24, lgbO, he has investigated the com- plaint of Mrs. Dean A. Sturgill, 2513 Chatham Street, N. M., alleging mistreatment of her daughter who mas arrested by the Police Department on October 20. 1960; that during the investigation he has collected considerable information, signed state- ments, etc., which are non in his possession and classified confidential, but im- mediately available to be delivered to City Council if the body so desires; that the classification of the Information has been made by reasons of certain state laws dealing with treatment of information dealing with Juveniles; that his laves= tlgation has developed os creditable evidence upon mhich he wil~ he Justified in bringing any charges of misfeasance, malfeasance or neglect of duty against any police officer concerned wire the inciGent, and that ne asea not consider that disciplinary action within the Police Department is in order or will be justified and proper. Dr. Cornell moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Dillard and adopted. BUDGET-ANNEXATION: The City Manager requested an appropriation of $1,111.61 to provide for payment of the accounts of Richard T. Edwards, in the amount of $200.00; Riley and Milson, in the amount of $625.93, and Moodrum and Gregory, in the amount of $255.69, in connection with the annexation proceedings. Mr. Young moved to concur in the request and offered the following emergency Ordinance: (n14240) AN ORDINANCE to amend and reordnin Section u155. "Annexation." of the 1960 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 2B7.) Mr. Young moved the adoption of the Ordinance. The motion mos seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Robber, Nheeler, Young, and the President, Mr. Anderson .............. ?. NAYS: None ....................O. BUDGET-HEALTH DEPARTMENT: The City Manager requested an appropriation of $261.50 to provide for purchase of a filing cabinet for the Health Department, and stated that the request is necessitated by reason of the fact that polio record cards are being (iled in shoe boxes on top of filing cabinets and tables and it is impossible to check records therein. 115 116 Hr. Pollard moved to concur in the request nad offered the following emergency Ordinance: (a14241) AN ORDINANCE to amend and reordnio Section ~144, 'Departmental Equipment and Improvements,# of the 1960 Appropriation Ordinance, tad providing for on emergency. (For fall text of Ordinance, see Ordinance Hook No. 24, page 267.) Hr. Pollard moved the adoption of the Ordin'ance. The motion was seconded by mr. Dillard end adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President. Mr, Anderaon .............. NAYS: None ....................O. HUDDET-AIRPOEY: The City Manager requested a transfer of $100.00 from Hages to Extra Help in the Municipal Airport account of the 1960 budget to provide for employment of a clerk to replace the present clerk at the municipal Airport during a training period. Mr. Wheeler moved to COnCUF in the request and offered the following emergency Ordinance: (~14242) AN ORDINANCE to amend and reordain Section urn, "Airport,~ of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 24. page 280.) Ur. Uheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard. Webber. Uheeler. Young, and the President, Mr. Anderson ............. 7. NAYS: None ...................O. SEWERS AW STORR DRAINS: The City Manager reported that the city is retainin9 $?.242.16 under provisions of a contract between the city and Draper for construction of a storm drain and sewer from Airport Road to Carvins Creek; that Ur. Draper has requested release of this retained percentage; and that in view of the city having both an indemnity bond and an insurance policy protectia! the city's interest under the contract, he recommends granting therequest, Mr. Webber moved to direct the City Attorney to prepare a Resolution releasing the retainer of $7,242.16 under the contract as recommended by the City Hanager. The motion was seconded by Mr. Wheeler and adopted. POLICE DEPARTMENT: The City Manager reported that Police Officer Joseph King, who was injured in line of duty on October 6, 1957, was returned to the hospital on June 30, 1960, for further surgery la connection with big injury; that authority for payment of hospitalization and medical expenses under the Norkmea*s Compensation law was exhausted prior to his reentry into the hospital, and tha~ in bis second hospitalization a bill in the amount of $195o23 accrued, the City Manager recommending that Council authorize payment thereof. Hr, Webber moved to direct the City Attorney to prepsre · Resolution authorizing the payment of the account as recommended. The motion was seconded by Dr, Cornell sad adopted. EASEMENTS-APPALACHIAN PO~ER CORPAHY-RATER DEPARYRRNT: The City Hsnager 100 feet wide end 957 feet long, which will in his opinion in no way adversely affect the city*s property or watershed, the City asnoger recommending that the easement be granted, the consideration therefor being $165.00. Hr. Young moved to concur in the recommendation of the City Manager and offered the following Ordinance: (a14243) AN ORDINANCE authorJain9 and directing the proper City Officials to execute and deliver · deed of easement to the Appalachian Power Company. WHEREAS, the City Manager has recommended the granting of the easement Bedford County, Virginia. 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 ~lt~. to execute and deliver an indenture to the Appalachian Power Company, conveying unto said company n right of way and easement, with the right, electric or other power thereover, said right of way being situate in the County of Bedford and described as follows: BEGIBNIN6 at a point in the Botetourt- Bedford County Line, which county line is the boundary line between the lands of Herman Foutz and the lands of the City of Roanoke; thence, leaving said ginning had rbnnin~ through the lands of the City of Roanoke, S. $3° 46* E. for a distance of 95? feet. more or less, to a point in another boundary line between said lands of the City of Roanoke and the lands of Herman Foutz. The total length of the centerllne herein described being 957 feet, more or less, for a consideration of $165.00 and after the form of such indenture shall have been approved by the City Attorney. seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrn. Cornell. Dillard. Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson .............. 7. NAYS: None .................... O. AIRPORT: The City Manager reported that due to the change in the area at the Municipal Airport used by the Federal Aviation Agency, new agreements and leases have been submitted effective February 1. 1959, the date Of the change in area used,,, t17 mhich urgeementu provide for an lacresse frou $155.48 to $389,22 per month in pay- ments to the city, the City Manager recommending thor Council suthorlue execution of the szid agreements znd leases. Mr. Wheeler moved to concur in the recommendation of the City Manager and offered the following Ordiuznce: (x14244) AN ORDINANCE relating to the Roanohe Municipzl Airport; and authorizing the execution of a certain lense, a control tower operating igreement nad a service agreement mith the Federal A~iation Agency velutlve to space occupie~ by said agency at said airport. MHEBEASf as of February 1, 1959, the Federal Aviation Agency commenced the occupancy of certain additional space in the Administration Building at the municipal airport and has now requested that the lease, the control tower operntia9 agreement and the service agreement heretofore existing between the City and said agency be amended and superseded by new agreements to relate bach to February 1, 1959, and has prepared and submitted to the City Manager proposed redrafts of said agreements, all of mhich have been approved us to form by the City Attorney; and ~HEREAS, the City Manager has recommended that Council authorize the execution of said new agreements as hereinafter more specifically described, advis- ing the Council that the monthly payments of $155.48 heretofore made by Federal Aviation Agency to the City for services under said former service agreement will be increased under the proposed new agreement to the sum of $3°9.22 per month. effective as of February 1, 1959. THEREFORE, BE XT 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 enter into formal written agreements with Federal Aviation Agency or the United States of America, as the case may be, in the following matters, namely: (1) To lease to said government, on U. S. Standard Form No. 2, (revise lease, approximately 3393 square feet of floor space in the Administration Build- ing at the municipal airport for a term beginning February 1, 1959. and ending June 30, 1959, renewable from year to year thereafter upon the government*s option but to extend un longer than June 30, 19bg, said premises to be leased to the government without charge; (2) TO enter into agreement, on FAA Form N¥-481 (1/60). with Federal Avalon Agency for said ~gency's operation of the Airport Traffic Control Tower at the municipal airport for u period extending from February 1. 1959. to June 30. 1969; and (3) TO execute a supply contract, on Un S. Government Standard Form 33 (Revised June, lgBB} with Federal Aviation Agency for furnishing.necessary labor, tools, materials and equipment required toprovlde heat, Janitor service, water and sanitary facilities for said agency's operation of the Traffic Control Tower and Flight Service Station quartered in the aforesaid Administration Building, and air conditioning ia the Control Tower Cab for the sum of $389.22, payable monthly to the City by said agency from February 1, 1959, during the period o£ s=ch agreement, said service agreement to be terminable b7 either,party upon thirty,(30) days uritten notice; ell of the aforesaid agreements to be upon such other usual terms and conditions ns are approved by the City Manager and to be in such form as is approved by the City Attorney. Mr. Wheeler moved the Ordinance on its first reading, The motion was seconded by Dr, Coroell and adopted by the following vote: AYES: Messrs. Coreell. Dillard. Pollard, Webber. Wheeler, Young. and the President, Mr. Anderson .............. NAYS: None ....................O. CLAIMS-JUVENILE DETENTION HOME: The City Manager reported that Mr. Minfred Cameron Massey, Administrator of Reginald Cameron Massey, who died while confined to the local Juvenile Home, has filed a motion in the Circuit Court of the City of Roanoke against the city and certain of its employees and former employees, and recommended that Council adopt a Resolution authorizing the City Attoroey to defend the named city employees and former employees in the action which asks Judgment for Mr. Young moved to concur in the recommendation of the City Manager and offered the following Resolution: (~14245) A RESOLt~ION directing the City Attorney's Office to defend certain defendants in the action of Winfred Cameron Massey, Administrator of Reginald Cameron Massey, deceased, v. the City, et al.. pending in the Circuit Court of th~ City of Roanoke. (For full text of Resolution, see Resolution Hook No. 24, page 2HO.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler, Young, and the P~esident, Mr. Anderson .............. ?. NAYS: None ....................O. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: pENSIONS-CITY SERGEANT: Council at its meeting of October IT, 1960, havin* tabled until its meeting of November 14, 1960, the request of the CitySergeant tbati/ the city*s Employees' Retirement System be revised so that he may retain his member- ship therein, along with the opinion of the City Attorney in connection theremith, the matter was again before the body, Dr. Cornell moved to tabled the matter until the next regular meeting of Council. The motion was seconded by Mr. Dillard and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE OF PROPERTY-WATER DEPARTMENT: Council at its meeting of November[ 7, 1960, having directed the preparation of an Ordinance providing for leasing unto 0 Roanoke Council of ~rdem Clubs un approximately .04-acre tract of land located on the ~ater Department*s Crystal Spring property, Hr. Rheeler offered the fol- lowing Ordlnance~ (o14246) AN ORDINANCE authorizing the leasing of a portion of the Nates Oepartnent°s Cryutal Spring tract located os the northeast corner of Jefferson Street and Yellom Mountain Road, S. E.. unto the Roanoke Council of Garden Clubs. MREREAS. the Roanoke Council of Garden Clubs has requested this Council to make available to it certain real estate on which it may erect a'new Grndeo Center building, which request mas referred to a committee composed of Hrs. Mary Pickett. Chairman, and Councilmen Anderson and Mebber for study andreport thereon; and MHEREAS, said committee, after making appreciable study of the question submitted its written report under date of August 11, 1960, recommending that a tra~ ~approximately 0.84 acre and comprising a portion of the Water Department's Crystal Spring tract be leased unto said Roanoke Council of Garden Clubs upon such terms as the City Ranager may direct, including, however, those set forth ia the afore~l,d committee report on file in the Office of the City Clerk, in which recommendation this Council concurs. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be* and said officials are hereby, authorized and directed, respectively, to execute and attest, for and on behalf of the City of Roanoke, an instrument leasing unto the RoanoRe Council Of Garden Clubs approxi- mately 0.~4 acre of land located in the Water 8epastmeflt*s Crystal Spring tract and situated on the northeast intersection of Yellow Mountain Road and Jefferson Street, S. R.. and as shown on a plan therefor dated August 15, 1960, on file in the Office of the Clerk of this Council, upon such terms as the City Manager may determine and upon form to ~ approved by tbe City Attorney; the terms of said lease, however, to contain those recommended by the aforesaid committee, viz.: *1. The lease to be for a period of 20 years at a nominal rental of $10.00 per year, renewable for lO-year periods, the land and building torevert to the city in the event it is not used fqr the purpose for which the lease is granted. n2. The plans for the building and its location upon the property to be subject to approval of the city's Director of Planning. *3. That, since this uill require construction of a new access road to the property, such road be constructed Jointly by the city and the Council of Garden Clubs, each bearing 50~ of the cost thereof.* Mr, Mheeler moved the Ordinance on its first reading. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs, Cornell, Dillard, Pollard. Webber. Mheeler, Young, and the President. Mr. Anderson .............. NAYS: N~ne ....................O. WATER DEPARTMENT: Council et its meeting of Bovewber 7, 1960, having directed the prepnTntion Of nn Ordinance occe~tlng from Skyway Shopping Center, Incorporated, certain easements add water JSstelJatJons au its property nt Rersh- bergev. Road nnd Airport Road, N. W., Mr, Dillard offered the following emergency Ordinance: (m14247) AN ORDINANCE accepting the grant of a perpetual utility ease- went for twenty foot rights of uny for mater wains and four fire hydrants nrer~ upo~. and ~cross the lands of Skymay Shopping Center. ~nc., lying and being in the Countyl of Roanoke on the north side of Bershberger Road nnd the west side of Airport Road. adjoining the City of Roanoke, authorizing and directing the acceptance by the City!i of Roanoke of title to the ~ater system and hydrants with the appurtenances thereto.i upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 289.) Mr. Dillard Bayed the adoption of the Ordinance. The motion was secondedi by Dr. Cumuli and adopted by the following vote~ AYES: Messrs, Cornell, Dillard, Pollard, Rebber, Rheeler, Young, and the President, NV, Anderson .............. 7. NAYS: None~ ...................O. MOTIONS AND MISCELLANEOUS BUSINESS: ANNEXATION: Dr. Cornell stated that he has seen in the local press an article stating that the Judges in the Annexation Court have requested that the City of Roanoke and the County of Roanoke att'empt to reach some compromise on the city's annexation proceedings against the ~u~y, and moved to direct the Mayor to ask the members of the Board of Supervisors of Roanoke County to meet with the members of City Council in a meeting restricted to the members of the two bodies to consider the possibility of such a compromise. The motion was seconded by Mr. Dillard. In response to a question by Dr. Cornell, the City Attorney advised Council that in his opinion such n meeting between the two bodies might be detri- mental to the conduct of the legal proceedings before the court in the matter. Mr, Webber offered a substitute notion to table the matter until the next regular meeting of Council. The notion was seconded by Mr. Young and adopted. MUNICIPAL COURT: It appearing that a vacancy exists for a Judge in the Municipal Court to fill the unexpired term of James W. Fltppin, resigned, whose tern will expire September 30, 1962. upon call from the Mayor. Dr. Cornell offered in nomination the name of Wilbur J. Austin, Jr. Mr. Webbe~ moved to close the nominations. The motion was seconded by Mr, Wheeler and adopted. Mr. Wilbur Jo Austin, Jr., was elected a Judge of the Municipal Court for an unexpired term ending September 30, 1962, by the following vote: FOg MR. AUSTIN: Messrs. Corflell, Dillard, Pollard, Webber. Wheeler, Young, and the President, Mr. Anderson .............. 7. There being no farther business, Council adjourned. APPROVED 2. Wednesday, November,lbo The Council o£ the City of Boleoke met fa special meeting ia the C~uacll Chsaber la the Municipal Building, Wednesday, November 16. 1960.. at 12:00 o~clock. noon, for the purpose of receiving and opening bids and awarding sale $260.000.00 Befundlng Bonds, Series "LL," of the City of Boanoke; Virginia, dated December 15~ 1960. with tbs President, Mr. Anderson. presiding. PBESENT: Wessrs. Dillard. Pollard. Webber, Wheeler, and the President. Mr. Anderson ....................................... ABSENT: Messrs. Cornell and Young .......2. OFFICERS PRESENt: Mr. Arthur S. Owens. City Manager, Mr. Randolph G. NhJttle, City Attorney, Hr. Barry R. Yates, City Auditor. and Mr. J. Robert Thomas City Clerk. BO~S: It appearing, under the provisions of Ordinance No. 14205, adopted on the lOth day of October, 1960, that theC~yCl~k was directed to adver- tise for the s~le of $2§0,000.00 Refunding Bonds. Series "LL,# of the City of Roanoke. Virginia. dated December 15. 1960. the said bids to be presented to Council at 12:00 o'clock, noon, Wednesday. November 16. 19~0, pur- suant to advertisement and due notice' of sale. the said advertisement reserving the right to the city to reject any and nil bids. and in accordance with said Ordinance, the advertisement providing that proposals would be received for the purchase of nil. hut not any part of the bonds, five bids were presented to the body. In this connection, the President, Mr. Anderson, stated that before the bids were opened. Council would like to know if any bidder present did not fully understand the proposal, ~hether anyone present had not been Riven an opportunity to submit bids. and if there were any questions on the part of those who bad submitted 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 President, Mr. Anderson. requested the City Clerk to proceed with the opening of the bids. After the opening and reading of the bids. a motion of Mr. Wheeler. seconded by Mr. Pollard and adopted, they were referred to the City Auditor for tabulation and to report to Council as promptly as possible. Mr, Wheeler the~ moved to recess the meeting until 1:30 o'clock, p. m., The motion was seconded by Mr. Pollard and adopted. At 1:30 o'clock. Council reassembled, with the President in the Chair. P~ESENt: Messrs. Pollard, Webber, Wheeler, and the President, Mr. Anderson ................................................. ABSENt: Messrs. Cornell. Dillard and Toung .....3. The City Auditor submitted a tabulation of the bids, showing the pro- posal of F. W. Craigie ~ Company, with a net interest rate to the city of 2.608709, es ~he lowest bidl whereupon, Rt. Iheeler offered the following Resolu- tion, providing for the sale of the $280.000.00 Refunding Bonds. Series #LL.N of the City of R.smoke, Virginia. dated December IS. 1960, tn F. #. Crnlgi~ & Company. ~s the best bid in the interest of the City of Roanoke: (nI424B) A RESOLUTION to sell to F. M. Creigle end Company $200.000 Refunding BondS. Series #LL,* of the City of Roanoke, Virginia, at the bid submit- ted; rejecting ell other bids; directing that the certified check accompanying the successful bid be deposited by the City Treasurer and credit thereforbe allowed on the purchase price of the bonds; and directing that the certified or ceskier*s check of all other bidders be forthuith returned. (For full text of Resolution, See Resolution Book No. 24, page 290,} Hr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs. Pollard, Webber, Wheeler, and the President, Mr. Anderson-~4. NAYS: None .............................................................. ~O. (Messrs. Coraell, Dillard and Young absent) There being no further business, Council adjourned. APPROVED AT T,E~: I :!.2'3 12.:4 COUhCIL, REGULAR HEETING, Monday, November 21, 1960. The Council of the CitF of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, November 21, 1960, at 2:00 o'clock, p, the regular meeting hour, with the President. Mr, Anderson, presiding. PRESENT: Messrs. Cornell, [~illnrd. Pollard. Webber, Mheeler. Young, and the President, Mr. Anderson ................... ABSENT: None .......................O. OFFICERS PRESENT~ Mr. Arthur S. Owens, City Manager. Mr. Randblph G. IMhlttle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, I, City Cloth. INVOCATION: The meeting was opened with a prayer by the Reverend Andrew ~r Lazarides, Pastor, Creek Orthodox Church. MINUTES: Copies of the minutes of the regular meeting held on Monday, / Nornmber 14, 1960, and the special meeting held on Wednesday, November 16, 1960, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Pollard and adopted, the reading sas dispensed with and the minutes approved as recorded. UEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m.,' Monday, November 21, 1960. on the request of Mr. Russell E. Thomas that his property located on the northeast corner of Stnuuton Avenue and Lafayette Houlevord, N. W., designat- ed as Lot 9. Section 3. Villa Heights, be rez~ned from General Residence District to Builness District, and notice of the hearing having been published in The Roanoke Rorld-News on November 4, 1960, and the City Planning Commission having prerlousl~ recommended that the request be granted, the hearing was held at which no one appear ed in opposition. Mr. Russell E. Thomas appeared before Council and stated that he desires to enlarge his place of business which presently is operating under the Grandfather Clause and that to do so it will be necessary for the property to be rezoned for business purposes since he cannot enlarge it sufficiently to justify the cost cause of restrictions under the provisions for non-conforming permits mhieh allow only thirty per cent increase in area, Mr. Thomas therefore requesting that Council grant his petition for rezoning. Dr. Cornell moved to concur in the request and offered the followin9 Ordinance: (~14249) 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. ~JHEREAS, application has been made to the Council of the City of Roanoke to have property located at 1001-1003 Lafayette Boulevard, N. W., in the City of Roanoke. Virginia, described as Lot 9, Ulock 3. Villa Heights Map, Official Tax No. 2431409, rezoned from General Residence District to Husiness District; and MHEREAS, the City Planning Commission has recommended that the hereinafter described lend be rezoned from General Residence District to Business District; and MHEREAS, notice required by Title XY. Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, bas been published in *The Rosnoke!i World-News,' u newspaper published in the City of Roanoke, for the time required by RHEREAS, the hearing as provided for in said notice was held on the 21st day of November, 1960, at 2:00 o'clock, p. m., before the Council of the City of Roanoke, at wbic~ hearing all parties in interest and citizens were given an opportu-!! nity to be heard both for and against the proposed rezoning; and RBEREAS, this Council, after considerin9 the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAISED by the Council of the City of Roanoke that Titlel XV, Chapter 4, Section l. of The Code of the City of Roanoke, 1956, relatin9 to Zoning, be amended and reenacted in the following particular and on other, viz.: Property located at 1001-1003 Lafayette Boulevard. N. R.. in the City of Roanoke, Virginia, described as Lot 9, Block 3, Villa Beights Map, designated on Sheet 243 of the Zoning Map as Official Tax No. 2431409, be. and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this respect, Dr. Cornell moved the Ordinance on its first reading. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Rebber, Mheeler, Young, and the President, Mr. Anderson ................ NAYS: None ..................O. ZONING: A public hearing having been set for 2:00 o'clock, p. m., Monday, November 21, 1960. on the request of Mr. Beholder Bayse, et al., that their proper- ties located On the south side of Melrose Avenue, N. M., between Thirty-sixth StreetI and Fentress Street, designated as Lots 1, 2 and 3. Section l. Howell Map. be re- zoned from Special Residence District to Business District, and notice of the hear- ing having been published in The Roanoke Morld-News on November 401960. and the City Planning Commission having previously recommended that the request be denied, the hearing was held at which no one appeared in opposition. Mr. A. T. Loyd, Attorney for the petitioners, appeared before Council and presented a petition of the owners of properties lying on the south side of Melrose Avenue, between Thirty-fifth Street and Thirty-sixth Street, concurring in the re- quest of Mr. flenalder Bayse, et al.. for rezon/ng of their properties for business purposes. Mr. Loyd stating that his clients* properties are not suitable for residen tial purposes because of the traffic load on Melrose Avenue. which is a state high- way, and prevents people in residences thereon from sleeping at night, and that to deny the request of his clients will deny them use of their properties, and request- ing that Council grant the petition of his clients. Mr. ~heeler moved to concur In the request and offered the following Ordinance: (u14250) A~ ORDINANCE to emend and ~ree~uct Title XV, Cbupter 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 Rounche to have oil those certain lots lying on the south side of Melrose Avenue, N, ~., between 36th Street and Fentress Street, hnown as Lots 1, 2 and 3, according to Section I of the Map of Bowell Addition, which map is recorded in Plat Book 1, page 133, in the Clerk's Office of the Circuit Court of Roanoke County, Virginiat rescued from Special Residence District to Business District; and MIt~REAS, the City Planning Commission, to whom the matter was heretofore referred, has considered said application and has reported in writing to the Council recommending that the request contained in said application be denied; and WHEREAS, 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 Morld-News,~ a newspaper published in the City of Roanoke, for the time required by '~HEREAS. the hearing as provided for in said notice was held on the 21st idny of November, 1960, at 2:00 o'clock, p, m,, before the Council of the City of :Roanoke, at which hearing all parties in interest and citizens were given an op- !portuni~y to be heard both for and against the proposed rezoning; and NREREAS, this Council, after maturely considering the evidence and matters ilpresented and the recommendation Of the City Planning Commission, is ~f the opinion !!that the hereinafter described property should be rezoned as requested in the afore- ilsaid application. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title i!XV, Chapter 4. Section 1. of The Code of the City of Roanoke, 1956, rela~ing to Zonit !ibe amended and reenacted in the following particular and no other, viz.: All these certain lots lying on the south side of Melrose Avenue, N. between 36th Street.and rent'ess Street** known ns Lots 1, 2 and 3, according to i[Section 1 of the Rap of Howell Addition, which map is recorded in Plat Book 1, page 133. in the Clerk's Office of the Circuit Court of Roanoke County, Virginia. and ,!designated on Sheet 266 of the Zoning Map as Official Tax Nos° 2660201, 2660202 and 2660203, respectively, be, and are hereby, changed from Special Residence District to Business District, and the Zoning Map shall be changed in this respect. Rt. Wheeler moved the Ordinance on its first reading. The motion was seconded by Dr. council an~ adopted by the following vote: AYES:' Messrs~ Cornell, Dillard. Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson .............. NAYS: None ................O. PETITIONS AND COMMUNICATIONS: mmmm ZOMING: The City Clerk presented a communication from Mrs, Helen £o Dlnnhmeyer, requesting that her property located at the northeast corner of Millisms n Road and Nhitney Avenue. H. ~., designated as'Lots 2, 3, 4, 16, 17 and 18, 81ock ~, Map of Airlee Court. be rezoned from Special Residence District to Business Districtl Ur, Young moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Dr, Cornell and adopted, fees for all aircraft not hauling passengers and cargo for hire at the Municipal IAirport, and there be no mandatory purchase of gasoline in lieu of such land- ing fees. Dr, Cornell moved to direct the City Attorney to prepare an Ordinance carrying out the recommendation of the Chamber of Commerce. The motion was seconded by Mr, Dillard, Mr. Young offered a substitute motion to refer the matter to a committee composed of Messrs. Roy L. Webber, Chairman, Arthur S. Owens and Harry R, Yates for study and recommendation, said study and report to include the effect that the recommendation will have upon the revenues of the city, The motion was seconded by Mr. ~heeler and adopted. Ressrs, Cornell and Dillard voting no. AIRPORT: The City Clerk presented a communication from Dodson. Pence and Coulter, Attorneys for the Chamber of Commerce, transmitting a petition of the Roanoke Chamber Of Commerce. Incorporated, to intervene in the hearing before the Civil Aeronautics Board on a petition of American Airlines. Incorporated, for termi- nation or suspension of its authority to serve Roanoke, Virginia. and advising that the Chamber of Commerce would like City Council to join the Chamber in its petition for intervention and resisting American Airlines* request but unless notified before Wednesday, November 23, 1960, that Council desires to Join it in its intervention. the Chamber of Commerce will on that date file its petition before the C. A. that with reference to its announced intention to, at the appropriate time, request an adequacy of service survey by the Civil Aeronautics Board to inquire into the iwhole matter Of service between Hoanohe and the metropolitan centers to the north- east, it has been advised by the Civil Aeronautics Board that the adequacy of service matter will be handled in a separate and distinct manner from American*s petition presently before the said Board. and that for this reason there is no urgency for. the Chamber or any other interested group to file a petition for the adequacy sur- vey at this time. Mr. Webber moved to file the communication, The motion was seconded by Mr. Wheeler, Mr. Dillard offered a substitute motion to direct the City Attorney to prepare a Resolution to provide for the city Joining with the Chamber of Commerce in its petition to intervene in the hearing before the Civil Aeronautics Board on the petition of American Airlines, Incorporated, for authority to terminate its ':'/27 I28' service to Roanoke, ¥lrgiolo, and to resist American Airlines' petition, The motion was seconded by Or. Cornell end defeated, Messrs, Pollard, Yebher, Mheeler. Young. and the Mayor rotiog aD, Mr, #ebber*s motion was then adopted, Messvs, Cornell and Dillard voting no, AIRPORT: The City Clerk presented a communication from the Federal Avlati~ Agency, advising that it is not the policy of that agency to either approve or dis- approve Resolutions of local governing bodies pertaining to change orders or con- iitracts in projects in mhich it is sponsor, and consequently it cannot approve iiResolution No. 14192, adopted by Council on the loth day of October. 1960, approving icertain change orders to the contract of ~iley N. Jachson Company under Project No, 9-44-012-10 for paving and landscaping the extension of the northeast-southwest :runway and tazimay at'the Roanoke Municipal Airport as provided for in said Resolu- tion. RFo Young offered the following Resolution rescinding Resolution No. 14192 (#142S1) A RESOLUTION repealing Resolution No. 14192. BE IT RESOLYED by the CQuncil of the City of Roanoke that Resolution No. 14192, adopted by this Council on the lOth day of October, 1960, be, and said reso- lution is hereby, repealed because this Council has, this day, adopted a resolution of substantially the same effect. Mr. Young moved the adoption of the Resolution, The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .............. 7. NAYS: None ................ O. gr. Young then offered the following Resolution: (=14252) A RESOLUTION authorizing the City Manager to issue a Change Orde with reference to the contract of March 17. 1960, between ~iley N. Jackson Company lland the City of Roanoke. (For full text of Resolution, see Resolution Book No. 24, page 294.) Mr. Young moved the adoption of the Resolution, The motion was seconded iby Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, #heeler, Young, and the iiPresident, Mr. Anderson ............ T. NAYS: None .............. O. REPORTS OF OFFICERS: BUDGET-MUNICIPAL RUILDING: The City Manager advised that due to the ex- treme cold last winter, the appropriation for Utilities at the Runiclpal Building is exhausted and it will be necessary to appropriate $2,500.00 to provide for purchase of coal for the remainder of the year, and recommended the appropriation. Mr. Webber moved to concur in the recommendation and offered the following emergency Ordinance: ' (=14253) AN ORDINANCE to amend and reordain Section ~86, "Municipal Building,w of the 1960 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 24. page 295.) Mr. Nebber moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler end adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, lebber, Wheeler, Young, and the President, Mr. Anderson ............. NAYS: None ...............O. BUDGET-GARBAGE DISPOSAL: The City Manager advised that by reason of a transfer of $71,500.00 from Refuse Collection and Disposal Nares account during the heavy snows last minter, there are insufficient funds to p~ovide for payment of wages of the Garbage Collection force, and requested an appropriation of $64,000.00 for that purpose. Mr. Pollard moved to concur in the request and offered the following emergency Ordinance: (#14254) AN ORDINANCE to amend and reordaln Section #g?, "Refuse Collec- tion and Disposal," of the 1960 Appropriation Ordinance, and providing for an emer- gency. (For full text of Ordinance, see Ordinance Dook No. 24. page 296.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Mess~s. Cornell, Dillard, Pollard, Nebber, Bheelev, Young, and the President, Mr. Anderson ............. NAYS: None ...............O. BUDGET-WATER DEPARTMENT: The City Manager reported that he has been advised by the Manager of the Water Department that due to the large number Of subdivisions in itu service area, the appropriation for normal capital improvements has been ex- hams,ed, the City Manager requesting an appropriation of $20,000.00 to this account. Mr. Pollard moved to concur in the request and offered the following emergency Ordinance: (a14255) AN ORDINANCE to amend and reordain *Non-Operating Expense* Of the 1960 Water Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 296.) Mr. Pollard moved the adoption Of the Ordinance. The notion was seconded by Mr. Bobber and adopted,by the following vote: AYES: Messrs. Cornell, Pollard, Webber. Nheeler. Young. and the President Mr. Anderson ................. NAYS: Mr. Dillard ...............1. BUDGET-SEWERS AND SYORM DRAINS: The City Manager requested an appropria- tion of $550.00 to Contractors in the Sewer and Drain Construction account to provid~ for additional costs in drilling drainage shafts in the Nilliamson Road area. Mr. Young moved to concur in the request and offered the followin~ emer- gency Ordinance: (~14256) AN ORDINANCE to amend and reordain Section ~141, uSewer and Drain Construction,~ of ,be 1960 Appropriation Ordinance, and providing for an ~mergencyo (For full text of Ordinance, see Ordinance Book No. 24, page 297.) 129 13'O Mr. Young moved the adoption of the Ordinance. The motion mfs seconded by Rt. #heeler and adopted by the folloulng vote: AYES: #euSrSo Coruello Dillard, Pollard, Mebher, Mheeler, Young, and the President. M£. Anderson ............... NAYS: None .................O, SALARY AND MACE PLAN-TRAFFIC ENGINEERING AND COMMUNICATIONS DEPARTMENT: i!The City Manager presented a request of the Superintendent of Traffic Engineering and Communications that the position of Lead Technician be reclassified to Communica- !!tigris Chief under the Salary and Mare Plan and presented a proposed Job description i!for the recommended classification, the City Manager recommending that the*request iihe referred to the Job classification committee for study and recommendation. Mr. Mheeler moved to refer the request to the committee composed of Messrs, iiRoy L. Mebher, Chairnan. Millis Mo Anderson, #alter L. Young. J. P. Cruickshank, 'iE. M. Rushton, Arthur S. Owens and J. Robert Thomas for study and recommendation. iThe motion was seconded by Mr. Young and adopted. EASEMENTS-SEWERS AND STORM DRAINS: The City Manager reported that the citl !has two sewer easements across the property of Leonard M. and Belen N. Kitts designat- ed as Lot 25, Fleming Court, lying on the south side of Wentworth Avenue, west of never been used by the city and in his opinion will never be needed by the city, offered the following Ordinance: (=14257) AN ORDINANCE providing for the release of a certain easement WHEREAS~ by deed of easement dated J~nuary 27. 1950, later recorded in the iisequent owner of the aforesaid lot and of adjoining Lot 26, by deed of easement date, i[February 3, 1955, recorded in said Clerk's Office in Deed Book 947, page 192, con- or if the same was Installed, it was later abandoned and that the City has no fur- ther need for the rights granted in the deed of easement dated January 27. 1950, aforesaid, all ~eceasary rights baring been acqeired by the later deed of easement from Virginia Building Supply Company, Incorporated, above-mentioned; end WHEREAS, the present omuer Of Let 25 baying so requested, the City ManuRer amd the City Engineer hare recommended to the Council that the City*a rights acquire~ by virtue of the deed of easement from Nary C. Clatterbuck be released. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby authorized and directed to execute, ecknouledge and deliver to S. L. Fellers, Jr** Esquire, attorney for Leonard M. Mitts and Helen H. Mitts, the present owners of Lot 25, according to the Map of iFleming Court, a proper deed of release releasing, on behalf of the City, such right~ it may have ~cquired in said Lot 25 by virtue of that certain deed of easement as from Mary C. Glatterbuck to the City, dated January 27, lgSO, and recorded in the Clerkts Office Of the Hustings Court Of the City of Roanoke in Deed Hook 815. page 213, said deed of release to be prepared by the property owners' attorney and ap- proved as to form by the City Attorney. Mr. Robber moved the Ordinance on its first reading. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Coreell, Dillard, Pollard, Mebber, Hheeler, Young. and the President, Mr. Anderson .............. ?. NAYS: None ................Oo STREETS AND ALLEYS: The City Manager reported that he has investigated the request Of residents Of the area that Dundee Street, S. E.. be graded and have gravel placed thereon and that subsequent to such investigation Dundee Street has been opened from Hedwood and Catawba to Hennington Street. Mr. Mheeler moved to file thereport. The motion was seconded by Mr. Young and adopted. REPORTS OF COMMITTEES: ARMORY: Council at its meeting of November 7. 1960, having referred to a committee composed of Messrs. Benton O. Dillard, Chairman, Roy R. Pollard. Arthur S. Owens and Lt. COlonel Samuel J. Light a request Of the Virginia Army National Guard that the City of Roanoke lease to it a parcel of land in the parking area at Maher Field for parking of National Guard vehicles, the committee submitted its report, advising that it has thoroughly investigated the matter and after consultation with National Guard officer~,including representatives of the State Adjutant General's office, it recommends that Council signify its willingness to lease to the National Guard for a period of twenty-five years sixty-eight hundred square feet of land on the sewage disposal property in southeast Roanoke for a nominal consideration in order that federal funds now available may be secured for prepario9 the site for storing of approximately two hundred army vehicles, and that the final description and conditions of the contract will have ,to be completed at a later date. Mr. Young woved to concur in the report of the cowwittee end offered the following Ordinance: (s14258) AN ORRINANCK signifying Council*s willingness to lease to the the Virginia Army National Guard a portion of the real estate heretofore acquired for use in connection with the Clty*s sewage treatment plant and not presently needed for such purposes, MHEREAS, this Council, at its meeting of November 7, 1960, referred to a committee, cnwposed of Councilmen Benton O. Dillard, Chairman, and Roy R. Pollard the City Manager and Colonel Samuel J. Light, for study and recommendation the re- quest from the Virginia Army National Guard to lease unto it a portion of the land in the Mahev Field area as a site for a vehicle storage compound for approximately 200 Army vehicles for a period of twenty-five years: and MREREAS. the aforesaid committee, after making requisite surveys, has filed frs report in writing recommending the adoption of this ordinance, in which recommendation this Counc~concurs, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby, authorized+ for and on behalf of the City of Roanoke, to lease unto the Virginia Army National Guard an area of land 160 feet wide and 425 feet long, situate on the City's sewage disposal plant pro- perty at its southeasterlymost boundary and as shown on a plan therefor on file in the Office of the titI Clerk. for a period of twenty-five years to be used for a vehicle storage compound for the Virginia Army National Guard vehicles in this area, for the nominal consideration of $1.00 per year and upon such other terms and conditions as the City Hanager may impose for the protection of the City and upon f .tm to be approved by the City Attorney. Rro Young moved the Ordinance on its first reading. The motion was sec- onded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Cornel1, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............... ?. NAYS: None .................O. UNFINISHED BUSINESS: PENSIONS-CITY SERGEANT: Council having previously laid over a request 9f Mr. Kermit E. Allman, City Sergeant, that the City Code be amended to permit him to retain his membership in the Employees' Retirement System of the city, along with an opinion of the City Attorney in connection therewith, the matter was again beret, the body. Hr. Allman appeared before Council and stated that he wishes to amend his original request and is now asking Council to provide that he may receive a defevre, retirement allowance from the city Employees' Retirement System. based upon his years of service in the Police Department and actuarial accruals in the Employees' Retirement System prior to his appointment as City Sergeant on July 27. 1960, at which time he became a member of the State Supplemental Retirement System. :1:33 Hr, Young moved to' direct the City Attorney to prepare aa Ordinance amending the city Employees' Retirement System to provide that uny employee of the clt! who is a member or the Employees' Retirement System and who has a minimum of fifteen years of service with the city. and who after July 1, 1960, is elected or appointed as a constitutional officer of the City of Roanohe. which office is under the State Supplemental Retirement System, shall be eligible to receive a deferred retirement mllomance under the cJty*s Employees* Retirement System, based upon his years of service and actuarial accumulations in the said system prior to his elec= tion or appointment as such constitutional officer and upon the provisions for re- tirement allowances contained in the said Employees' Retirement System, The motion mas seconded by Hr. Dillard and adopted. STREETS AND ALLEYS: Council at its meeting of November 14, 1960, having referred to the City Planning Commission for study and recommendation a petition of W. Clayton and Ruth B. Lemon that Shenandoah Valley Avenue, N, E** from a point 100 feet south of Kanter Road, southward to the north part of Tract 4-A. Revised Union Stockyard Corporation Map, and Ranter Road, N. E., between Shenandoah Valley Avenue and the Shenandoah Division Of the Norfolk and Western Railway Company, lying in the northeast section Of Roanoke, be vacated, discontinued and closed, the City Planning Commission submitted its report, advising that in its opinion it is prac- tical to grant the request, provided that a 20-foot wide strip of land off the peri£ tioners* property be dedicated for widening Patrick Henry Boulevard; that the pre- sent owners of the property have previousl~ by letter dated July 20, 1959, agreed to dedicate the said 20=foot right Of way, but have never signed a deed therefor, and have now advised the Commission that they are not able to dedicate the right of way at the present time since they have given an option to a prospective owner, based upon the present property conditions; and that Hr, R, R. Quick. a representa- tive of Mr. George W. Watts who holds the Option for purchase of the property, advises that Hr. Watts is willing to dedicate the 20-foot right Of way for widening of Patrick Henry Boulevard if he does purchase the property on or before December 13, lq60. Mr. Wheeler moved to set a public hearing in the matter for 2:00 o'clock, p. m., December 12, 1960, and to direct the Attorney for the petitioners to pre- pare the proper notice of such 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. STREETS AND ALLEYS: Council at its meeting of January 11, 1960, having referred to the City Planning Commission for study and recommendation a request Of William B. Draper, et al** that portions of Indiana Avenue and Mohawk Avenue, No E. lying between Seventh Street and the Shenandoah Valley Division Of the Norfolk and Western Railway Company, be permanently vacated, discontinued and closed, the City Planning Commission submitted its report, recommending that Council deny the re- quest since at the present time there does not exist a cross connection between Z34 Mlllinmson Road nreo on the west and flolllns Road area on the east over the Norfolk and Western Railway line for m distance of one mile between Orange Avenue ned Liberty Rood: that Jt is evident that n connection over the railroad tracks viii have to be constructed at some future time; and that in its opinion Indiana Avenue will be needed to wake such inprovewent. The City Clerk advised that the petitioners desire a public hearing in Ithe matter. Mr. Wheeler moved to set a public hearing on the request for 2:00 o'clock p w.. December 12, 1960, and to direct the Attorney for the petitioners to prepare ilthe proper notice of such hearinge have it approved by the City Attorney and pre- i!sent it to the City Clerk for publication, The motion vas seconded by Mr. Young adopted. POLlCE DEPARTMENT: A report of the City Manager concerning the cowplaint of NFS. Dean A. Sturgill, alleging that her 16-year old daughter vas mistreated by the Police Department, having been laid over from the previous meeting, the watter was again before the body. Dr, Cornell stated that he has talked to witnesses to the arrest of the itl at a downtown hotel, and that when the girl was taken from the hotel by the police there was no evidence of her having been injured, yet when the girl was turn= ed over to her parents at the Juvenile Detention Homet she showed signs of having been mauled, and moved to direct the City Manager to turn over to Council the de- tailed information concerning his Investigation which he now holds in his possession marked confidential. The motion was seconded by Mr. Dillard. In response to a question of the Chair, the City Attorney advised Council that under the provisions of state law the City Manager will be in violation of provisions protecting information concerning juveniles If he releases the informa- tion in his possession jn such a ray that it can become public, and that should Council direct the City Manager to surrender his files, it viii become a public record and the Council in turn will be in violation of the law. Mr. Webber offered a substitute motion to file the City Mnnager*s rep~ t. Zhe motion was seconded by Mr. Young and adopted, Messrs. Cornell and Dillard vot- ing no. Mrs. Sturglll appeared before Council and stated that he daughter showed definite signs of having been beatenwhen released to her after her arrest; that she will furnish to any member of Council who desires it a photostatic copy of a statement by her doctor who examined the girl thereafter; that he doctor will be glad to testify in the matter; and that she will take the matter up in the Juvenile Court by obtaining o warrant against the police officers who arrested her daughter. ANNEXATION: The suggestion of Dr. Cornell that Council meet with the Hoard of Supervisors of Roanoke County to discuss annexation proceedings, having been laid over from the previous meeting of Council, the matter vas again before the body; Mr. Mebber moved to lay the matter over until the latter part of January, 1961. The motion mat seconded by Mr. Young nnd adopted. CONS~DERAYIO~ OF CLAZRS: ~ONE, INYROOUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENTS-APPALACHIAN POWER COMPANY-MATER DEPARTMENT: Ordinance No. 14243, authorizing and directing the proper City Officials to execute and deliver · deed to the Appalachian Power Company for an easement over end across a portion of the Beaver Dam watershed urea, 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: (314243) AN ORDINANCE authorizing and directing the proper City Officials! to execute and deliver a deed of easement to the Appalachian Pomer Company. (For full text of Ordinance, see Ordinance Book No. 24. page Mr. Young moved the adoption of the Ordinance. The motion mas seconded Mr. Wheeler'and.adopted by the folloming vote: AYES: Messrso Cornell, Dillard, Pollard, Rebber. Mheeler, Young, and the President, Mr. Anderson .................. T. NAYS: None ....................O, AIRPORT: Ordinance No. 14244, authorizing the execution of a certain lease a control.tower operationagreemeot and a service agreement mith the Federal Avia- !tion Agency relative to space occupied by said agency at the Roanoke Municipal Air- port, having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Rheeler offering the following for its second reading and final adoption: (~14244) AN ORDINANCE relating to the Roanoke Municipal Airport and authorizing the execution of a certain lease, a control tower operating agreement and a service agreement with the Federal Aviation Agency relative to space occupied by said agency at said airport. (For full text of Ordinance, see Ordinance Book No. 24, page 292.) Mr. Wheeler moved the adoption Of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Corn. Il, Dillard, Pollard, Rabbet. Rheeler, Young. and the NAYS: None ...................O. PURCHASE OF PROPERYY-WATER OEPARTMENT: Ordinance No. 14246, authorizing the leasing of a portion of the Water Department's Crystal Spring tract located on the northeast corner of Jefferson Street and Yellow Mountain goad, S. E.. unto the Roanoke Council of Garden Clubs, for the purpose of erecting a new Garden Center building, 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: 135 136 (n14246) AY ORDINANCE authorizing the leasing of · portion of the Rater Department's Crystal Spring tract located on the northeast corner or Jefferson Saree' ned Tallow Moa*tala Road, S. E.o unto the Roanoke Council of Garden Clubs, (For full text of Ordinance, see Ordinance Book No. 24, page 293.) Hr. Young moved the adoption of the Ordinance. The motion was seconded by NF. Pollard and adopted bT the following vote: AYES: Ressrs, Coroell, Dillard, Pollard, Mebber, ·heeler, Young, and the President, Mr. Anderson ................ NAYS: None ..................O, SE·ERS AND STORM DRAINS: Council ut its meeting of November 14, If60, ihaving directed the preparatioo of · Resolution moth*Firing the release of a re- ;it·ined percentage under the contract of Mo L, Or·per for construction or · storm idrein and sewer from Airport Road to Carvlns Creek, in the ·mou·t of $?,242,16. i!Young offered the following Resolution: (n14259) A RESOLUTION ·nth*razing the release of certain funds to Draper iConstruction Company being held by the City pursuant to the termsof · contract. (For full text of Resolution, see Resolution Book No. 24, page 297.) Mr, Young moved the ·doption of the Resolution, The motion was seconded iiby Hr. Nebber and adopted by the following vote: AYES: Ressrs, Cornell, Dill·rd, Pollard. Webber, Wheeler, Young. and the iPresident, Mr. Anderson ............ 7. ,, HAYS: Hone ..............O. i POLICE DEPARZRENT: Council at its meeting of November 14, 1960, haying :idirected the preparation of a Resolution authorizing payment of a hospital bill in !!the amount of $195.23 for Mr. Joseph H. King, a Police Officer, Mr. Wheeler offered ithe following Resolution: (~14260) A RESOLUTION authorizing payment of an additional hospital bill !incurred by Police Officer Joseph B. King because of injuries received in line of duty. (For full text of Resolution, see Resolution Book No. 24, page 290.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded iiby Mr. Pollard and adopted by !be following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler, Young, and the !iPresIdent Mr. Anderson ............ ?. NAYS: None .............. O. MOIlONS AND MISCELLANEOUS BOSIh~SS:' HEALTH DEPARTMENT: Council baying laid over the appointment of a member of the Housing and Hygiene Board for a term to expire January 31, 1960, vice John M. !lThompsoo, resigned, Mr. Webber moved to table the matter until the first regular meeting in January. The motion was seconded by Mr. Young and adopted. JCYENILE BEI~NTION HOME: Dr. Cornell stated that he has reports that indicate certain irregularities at the Juvenile Detention Home as follows: t 1. That supervisors nnd others are drinking alcoholic berernges while on dnty mt the Juvenile Detention Dome ned that this is ha*un by their superiors. 2, Juveniles ore escaping at the home in groups or four and five at u time, This constitutes administrative negligence by allowing this to happen. I think council and the public has the right to know bom many Juveniles have escaped from the home in the past year. 3, I also have information the following statement was mede by - the superintendent of the Juvenile home, after, it mas made public that I wanted un investigation of the home by City Council, '! mn not worried about this investigation by Cornell. after all he is not a member of the council cliqee,u 4. In regards to the last escape at the home mede 'by four boys on Saturday, Nov. Sth right after lunch, X feel the public is entitled to know how they were able to remove an Iron guard from a windom and make their escape when it is a rule no one is supposed to leave any room without a supervisor. I might add one of the boys was almost killed in attempting his escape. After three hours when notified by the police one of the boys had turned himself in the supervisors still did not knom they were missing. S, In conclusion all of the supervisors and Superintendent ah* were involved .in the charges made one year ago not only are still working but have received pay raises and have not received any disciplinary actions as far as I knnw, Those not involved have had to resign due to the treatment they received after I asked for an investigation. and moved to direct the City manager to investigate these irregularities in detail and submit a detailed report thereon. The motion was seconded by Hr. Dillard and adopted. Mr, ~ebber asked Dr, Cornell if he has any evidence supporting these charges, to which Dr. Cornell replied that he has such evidence and will present it if a proper investigation is conducted. There being no further business, Council adjourned. APPROVED 137 COUNCIL, REGULAR MEETING, Monday. November 2G, 1960. The Council of the City or Roanoke met In regdar meeting in the Council Chcober in the Municipal Huilding. Monday. November 2H.~ 1960. et 2:00 o°clock, p. · the regular meeting hour. with the Vice President. Hr. Rbeeler. presiding. PRESENTs Messrs. Cornell, Pollard. #ebbed. nnd the Vice President, Mr. Rheeler ....................................................................4. ABSENT: Messrs. Dillard, Young, and the President. H~. Anderson ..... 3. OFFICERS PRESENT: Mr. Arthur S. Owens. city Mannger~ HF~ Randolph G. Whittle. City Attorney, Hr. Harry R. Yarns. City Auditor. and Hr. J. Robert Thomas. City Clerk~ INVOCATION: The meeting mas opened with a prayer by the Reverend Alvin J Lee, Chaplain, Veterans Administration Hospital. HEARING OF CITIZENS:UPON PUBLIC HATTERS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: NONE. REPORTS OF COMMITTEES: MUNICIPAL AUDITORIUM; Council at its meeting of January Il, 1960, havin9 referred to a committee composed of Messrs. Vincent S. Nheeler, Chairman, Willis H. Anderson and Nalter L. Young for study and recommendation the question of erecting a new municipal auditorium in the City of Roanoke. the committee submitted its report, advising that after a careful and deliberate consideration of the opinions expressed at the public hearing, and statements filed therewith, held by Council on the question of a municipal auditorium On Hay 5. 1960, and the reports of the Chamber of Commerce Auditorium Committee and the sub-committee of the City Planning Commission subsequently received and referred to it. it recommend that Council call a freeholders' election for Tuesday, January 31. 1961, on the question of whether Council be permitted to issue bonds in an amount not to exceed $2,000.000.00 to pay for the cost of the new municipal nndltorium; that those freeholders who vote iff favor of that question also be asked to indicate on the ballot their choice of the following two locations as a site for the said auditorium: (a) The 2.2 acre tract offered to the City by the Norfolk and Western Railuay. a part of which formerly was occupied by the American Legion kuditorium, and bounded by Shenandoah Avenue. Nails Avenue. Second Street and Williamson Road, N. E. (b) The southwest corner of Rlmwood Park bounded by Jefferson Street and Elm Avenue; and that in the event Council approves its recommendations concerning a freeholders election, a Steering Committee composed of interested and representative citizens be appointed to further acquaint the freeholders with the need for an auditorium and otherwise assist in securing approval of the question submitted. ~39 Mr. Mebber stated that since three members or Council, two of whom Ire members of the Auditorium Committee, nra absent be believes that the matter shonld~ be laid over until they are present and moved to receive the commlttee*s report and table It until the next regular meeting of Council, The motion uns seconded by Mr. Pollard and adopted. UNFINISHED BUSIMESS: MbNE. CONSIDERATION OF CLAIMS: NONE. I~RODUCTXON AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance Mo. 14249, rezoning property located a~ 1001-1003 Lafayette Boulevard, M. 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, Dr. Cornell offering the following for its second reading and final adoption: (214249) 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. 24, page 299.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Pollard. Webber, and the Vice President, Mr. Wheeler .......... ~ .......... 4. MAYS: None ...........O. (Messrs. Dillard. Young, and the President, Mr. Anderson, absent) ZONING: Ordinance No. 14250. rezoning property lying on ~he south side of Melrose Avenue, N. W., between Thirty-sixth Street and Fen*rems Street, from Special Residence District to Business District, having previously been before Connctl for its first reading, read and laid over. was again before the body, Mr. Pollard offering the following fo~ its second reading and final adoption: (~14250) 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 Mo. 24, page 299.} Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Dr, Cornel1 and adopted by the followln9 vote: AYES: Messrs. Cornell. Pollard, Mebber. and the Vice President. Mr. Mheeler ..................... 4. MAYS: None ........... O. (Messrs. Dillard. Young, and the President, Mr. Anderson, absent) EASEMENTS-SEWERS AND STORM DRAINS: Ordinance No. 14257. providing for the release of a certain easement to the city for a sewer right of may across Lot 25, according to the Map of Fleming Court, heretofore granted to the city by Mary C. Clatterbuck, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Nebber offering the following for its second reading and final adoption: '140 (s14257) AN ORDINANCE providing for the release of u certain easement to the City for u sewer right or way across Lot 25, according to the Map or Fleming Court, heretofore grunted to the City by Mary C, Clatterbuck, (For full text of Ordinance. see Ordinance Dooh No. 24, page 300.) Mr. Yebber moved the adoption of the Ordinance, The motion mos seconded by Hr, Pollard and adopted by the following vote: AYES: Messrs. Corunll, Pollard. ~ebbero and the Vice President. Mr. Nheeler ..................... 4. NAYS: None ........... O. (Messrs. Dillard, Voung, and the President, Hr. Anderson, absent) ARMORY: Ordinance NO, 14258, signifying Council's willingness to lease to the Virginia Army National Guard u portion of the Sewage Treatment Plant site for use as a vehicle storage compound, baying previously been before Council for its first reading, read and laid over, was again before the body. Mr. Pollard offering the follomlng for its second reading and final adoption: (n142S8) AN ORDINANCE signifying Council's willingness to lease to the Virginia Army National Guard a portion of the real estateheretofore acquired for use in connection with the City*s sewage treatment plant and not presently needed for such purposes. (For full text of Ordinance, see Ordinance Book No. 24, page 301.) Mr. Pollard moved the ~doption of the Ordinance. The notion was seconded by Rt. Mebber and adopted by the following vote: AYES: Messrs. Cornell. Pollard, Mebber, and the Vice President, Mr. Wheeler ..................... 4. NAYS: None ........... O. (Messrs. Dillard, Young, and the President, Mr, Anderson, absent) MOTIONS AND MISCELLANEOUS BUSINESS: MUNICIPAL COURT: The City Clerk reported the qualification of Mr. Wilbur J. Austin, Jr., as a Judge of the Municipal Court, ViCe James ~. Flippin, resigned. The report was ordered filed. There being no further business, Council adjourned. APPROVED A~~C ~ erk COUNCIL. REGULAR HEETING. Monday. December 5. 1960. " The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Hullding. Monday. December S. 1960. at 2:00 o'cloch, p. m,, the regular meeting hour. mlth the President. Mr. Anderson. presiding. PRESENT: Messrs. Cern,Il. Dillard. Pollard. Rebber. Wheeler. Young. and the President. Mro Anderson ................. T. ABSENT: None ..................... O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Raring,r. Rr. Randolph G. Whittle. City Attorney. Rt. Harry RD Yates. City Auditor. and Mr. J. Robert Thomas. City Clerk. INVOCATION: The ne,ting was opened with a prayer by Dr. John F. Owens. Pastor. Raleigh Court RethodJst Church+ RINUTES: Copies of the minutes of the regular meetings held on November 21. 1960. and Hovember 20. 1960. having been furnished each member of Council. upon motion of Mr. Rheeler. seconded by Mr. Pollard and adopted, the reading was dis- pensed with and the minutes approred as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: STREETS AND ALLEYS: A publio hearing having been set for 2:00 o'clock. p. m.. December 5. 1960. on the request of Mr. S. H. Hall. Trustee of the Employee Profit Sharing and Benefit Plan of Wilson Trucking Corporation. that Larchwood Street, N. E.. from the north line of Indiana Avenue to the north line of Lot 3. Block 2, Union Stockyards Corporation Map, and Lone Oak Avenue, N. E., from the west line of Larchwood Street to the west line of Blocks I and 2, Union Stockyards Corporation Map. be vacated, discontinued and closed, and notice of the hearing haydn9 been published in The Roanoke World-News on November 18, 1960, and the City Planning Commission and a Board of Viewers appointed by Council having pre- viously recommended that the request be granted, the hearing was held at which no one appeared in opposition. Mr. T. C. Phillips, Jr.. Attorney for the petitioner, appeared before Council and requested that in the absence of opposition to his client's request, ConncJl concur in the recommendation of the City Planning Commission and the Hoard of Viemers. Mr. Rheeler offered the following Ordinance: (~14261) AN ORDINAHCE vacating, discontinuing and closing that portien of Larchwood Street, N. E.. from the north line of Indiana Avenue to the north line Of Lot 3, Block 2, Union Stockyards Corporation Map, extended; and that portion of Lone Oak Avenue, N. E., from the west line of Larchwood Street to the west line of Blocks I and 2. Union Stockyards Rap, which is more particularly described herein- after by metes and bounds. WHEREAS. S. U. Ball. Trustee of the Employee Profit Sharing and Benefit Plan of Wilson Trucking Corporation, has heretofore filed his petition before the 1,.41 Council of the City of Roanoke as required by lam, requesting the Council to per- munently vacute, discontinue and close the hereiuafter described portions of street~ and RIt~REA$, notice of the riling of the petition mas duly posted as required by lem; end RHEREAS. by a Resolutioo adopted by the Council, riemers mere appointed by the Council to determine mhat, ir any, inconvenience mould result from the vacating, discontinuing and closing or the said portions of the streets; and NHEREAS, Edward H, Bremer. Jr** Ro L, Rush and Dele Poe, three of the said viemers who mere authorized by the Resolution of Council to act, have vieued thc said portions of the streets to he closed and riled their report stating that no inconvenience mould result from the vacating, discontinuing and closing or the said portions of the streets; and WHEREAS, the Planning Commission or the City of Roanoke has considered and approved the petition; and WHEREAS, notice of the public hearing to be held on December 5, 1960, mas duly published and posted; and WHEREAS, a public hearing mas held on the said petition by the Council on December 5. 1960. and no objections mere heard to the closingof the said portions of the said streets; and WHEREAS. no inconvenience to the public will result from the vacating, discontinuing and closing of the said portions of the said streets. THEREFORE. HE IT ORDAINED by the Council of the City of Roanoke that subject to the reservation of an easement to the City of Roanoke for mater semer lines as hereinafter described, the following described portions of streets are hereby permanently vacated, discontinued and cio sod, and thnt~l rigbt, title and interest of the City of Roanoke and or the public in and to said portions of said streets are hereby released insofar as the Council is empowered so to do, said portions of said streets being more particularly described as folloms: That portion of Larchmood Street, N, E,, from the north line or Indiana Avenue to the north line of Lot 3, Block 2, Union Stockyards Corpora- tion Map, extended; and That portion of Lone Oak Avenue, N. E., from the most line of Larcbmood Street to the west line of Dlocks I and 2, Union Stockyards Corporation Map. Said streets being described more fully by metes and bounds as folloms, to-wit: BEGINNING at a point on the north side of Indiana Avenue, N. ko, 60 feet wide, said poiut being N. 86° 54' E., ~5.0 feet from the point of intersec- tion of the northerly side of Indiana Avenue pro- duced and the easterly side of Larchmcod Street produced; thence with the northerly side of Indiana Avenue crossing the southerly terminus of Larchmood Street S. 86~ 54' W. 100.22 feet to a point; thence leaving Indiana Avenue and with a curved line to the left whose radius is 22.76 feet and mhose chord is N. 39° 13' E., 33.66 feet, the arc of 37.88 feet to a point on the masterly side of Larchnood Street; thence with the same No 8° 28' W., g0.70 feet to a point of curve; thence with a curved line to the left whose radius is 2?,30 feet and mhose chord is H. 50° 5?' H, 36,87 feet, the nrc of 40,4B feet to a point of tangent on the southerly side of Lone Oak Avenue, H, E.; thence with the same 5. 06° 34' N.. 120.56 reef to a point on the east line of the Oakland Surve~ No, I recorded in the Clerk's Office or the Circuit Court for the Couety of Roanoke, Virginia, in Plat Book 1. Page 298; thence with an easterly line of the sane crossing Lone Oak Avenue, H. Bo 2B' #,, 50.20 feet to a point; thence leaving Oakland Survey Ho, ] and uith the northerly line of Lone Oak Avenue, M, 06° 34' E.. 120.56 feet to a point of curve; thence uitka curved line to the left whose radius is 22.90 feet and mhose chord Is N. 39 o 03' E., 33.77 feet. the arc of 37.9fl feet to a point of tangent on the nesterly side or Larcbwood Street; thence with the same M. Do 20' W., 144.40 feet to a point; thence with a line crossing Larchwood Street. H. H, Bio 32' Eo 50.0 feet to a point at the northwest corner of Lot 3, Block S, Revised Rap of Union Stock- yards Corporation of record in the Clerk's Office of the Bustings Court for the CIW of Roanoke. Virginia. in Map Book 1, Page 05; thence with the easterly line of Larchnood Street, S. 0o 20* E., 340°0 feet to a point of curve; thence with a curved lice to the left whose radius is 2?.46 feet and whose chord is S. 50° 4T* E.. 36.9T feet. the arc of 40,56 feet to the place of BEGINNING; and being a southerly portion of Larcbwood Street. Ne E., and an easterly portion of Lone Oak Avenue, M. E.. as shown on revised map of Union Stockyards Corporation, sade by C. B. #alcolm ~ Son, and dated April 14, 195~, and recorded in the aforesaid Clerk's Office in Map BOOk 1, Page cas*vying, honey*r, unto the City of Roanoke, Virginia, an easement with the right of ingress and egress lo and through the said portions of the streets to be closed for the construction0 operation and maintenance of water and sener lines with the center line of thc said easement following the present location of the water and pipe lines now located in and extending through nad along Lone Oak Avenue, N. and into and across Larchnood Street. N. E., and extendin9 five feet on either side of the said center lines. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, dir- ected to mark 'permanently vacated, discontinued and closed~ upon the maps and plats on file in the office of the City Engineer of the City of Roanoke, Virginia, showing the said portions of said streets which are described above, and referring to the book and page of the Resolutions and Ordinances of the Council of the City of Boanok~ wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hustings Court of the City of Roanoke, Virginia, a copy of this Ordi- nance in order that the Clerk may record the same and in order that the Clerk may make proper notation on all maps and plats recorded In his office upon which are shown the said portions of the hereinnbove described streets which are being per- maneatly vacated, discontinued and closed as provided by law. Mr. Wheeler moved the Ordinance on its first reading. The motion was seconded by Or. Cornell and adopted by the following rote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Nheeler, Young. and the President. Mr, Anderson ................. NAYS: N ......................O. HOUSING-SLUM CLEARANCE: Mr, Jack 0o Coulter, Attorney for residents in the Commonwealth Redevelopment ProJect. appeared before C~uncil and stated thut he is again requesting that deeds to property, on uhich his clients hold contracts for purchase, he delivered to them ~y the City of Roanoke Redevelopment and Housing Authority, Mr, Coulter pointing out that under the basin Redevelopment Plan of 1953. mhlch mas approved by Council by its Resolution No. 12301, adopted on May 2. 1955, Section F of the said Plan provides that the plan might be modified either upon the initiative of Council or upon recommendation of ~he City of Roanoke Rede- velopmeot nad Housing Authority at any tine by Council. provided that if modified after sale or lease of any of the laud in the project area. the modification must be consented to in writing by the purchaser or lessee of the property affected by the proposed modification; that his clients hold valid contracts for purchase of the properties involved from the Housing Authority which expressly provide in part as follows: "The party of the first part (being the Authority) does hereby agree to sell subject to residential restrictions,****.**; that the residential rnstrlctL ns referred to were imposed by the Authority when they were recorded along with maps of the entire area in August, 1957; that such residential restrictions were not and! be vacated without the citizens of the area agreeing to release them; that cannot in order to avoid litigation between the citizens and their 9overnment his clients are willing to consent in writing to any modifications of the basic Redevelopment Plan that the city thinks is in the commuuity*s best interest and release their private contractual rights in the residential restrictions in exchange for their deeds and a binding assurance that they can be permitted to remain in their homes, Mr. Coulter requesting Council to adopt a Resolution embodying the offer of his clients as a precedent to any change Of zoning in the area, stating, contrary to information appearing in the local press, neither he nor his clients intend to threaten the Housing Authority with a suit to enforce the rights of his clients. Dr. Cornell moved to table the matter for two weeks in order to give Couflcil time to study it. The notion Was seconded by Mr. Dillard and adopted. I~TITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a communication from Mr. George Wu Reed Jr** Attorney for Mrs. Margaret ~. Haase. et al** requesting that their properties located on the east side of the 1600 block of Urandin Road, S. W.. designated as Lots 19-23. inclusive. Block 16, Raleigh Court, be rezoned from Special Residence District to Business District. Mr. Wheeler moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Young and adopted. LICENSES: The City Clerk presented a communication from the Roanoke Merchants Association, stating that the city*s present license ~ax rate of $55.00 plus $°55 on each $100.00 of gross sales, for merchants is one of the highest in the nation and considerably higher than any other in Virginia, in consequence plac- ing an unfair burden upon those merchants detrimental tO existing retail businesses and a deterrent to the continued growth of business and employment in the community and requesting that Council reduce the license trix on local retail merchants hy in order to put the said merchants on n competitive par uit~ neighboring evens. Hr. Young moved to defer action on tke request rot consideration by Counci during Its budget study sessions, The motion was seconded by RF, Wheeler nod adop- AIRPORT: The City Clerk presented n notice from Piedmont Aviation, ~orated, of a petition to intervene in the American Airlines* application pending before the Civil Aeronautics Roard for termination oF suspension of Americnn*s author- ity to serve Roanoke, the purpose of such Intervention being to protect Piedmont Aviatlon's interest. Hr. Webber moved to file the communication, The motion was seconded by Mr. Young and adopted, POLICE D£PARY~ENY-CITY JAIL: The City ClerR presented reports of the Deportment of #elfore mud Institutions of the Commonuealth covering inspections of the City Jail and the City Police Lockup performed by that Department on November O. 1960, The report covering inspection of the City Jail indicates that the Jail the floor. The City Sergeant. Ur. Kermft E, Allman, appeared before Council and stated that he has noticed in the press certain criticisms of Council and the City Administration with reference to the City Jail and the report of inspection thereof;!i that the physical condition of the jail is good; that contrary to reports a pri- soner, Yank Stewart, did not escape from the Jail and did not do extensive damage in his attempt to escape therefrom; that the cost of repairs to the jail because of Yank Sin*art's attempt to escape was $150.00; that insofar ns he has been able to determine the conditions in the Roanoke City Jail are about the same as those exist-:! meet the needs of the locality, but that he needs an additional jailor to provide in the 1961 budget for such a person. Dr. Corflell moved to file the reports, The motion *as seconded by Hr. Young and adopted. .1'4.5 necessary to use the space under the east and west steads of the ctudium~ lad thut it experienced considerable difficulty from rain and mind under the east stand by reason of the fact that there is no cover over that arena and requesting that Counc: give favorable consideration to covering the area under the east stand prior to September, 1961. Mr. Webber moved to direct the City Manager to fnralah an estimate of the cost of coaplying math the request. The motion was seconded by Hr. Wheeler and adopted, EASEUFNTS-WATER DEPART~NT: The City Clerk presented a communication from Woodland Hills Corporation, advising that it is tn the process of developing approximately forty lots adjoining the City of Roanoke in the vicinity of Edgehill Estates in Roanoke County; that it contemplates it will on its own initiative peti- tion to be annexed to the City of Roanoke; that the corporation Is desirous of con- necting to the city's mater system to supply its subdivision and is laying water mains and appurtenances to neet the city's specifications, which will be deeded to the city should water service be available from city mains; and that in order to make a connection to the city*s mains it will be necessary to provide for a mater connection in the area of Lot 1, Block N, Prospect Hills, and requesting that the city take steps to provide for such a water connection. It appearing that the problem in this matter is lack of a right of way across property in the city which is privately owned, Mr. Webber moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr, Rheeler and adopted, REPORTS OF OFFICERS: BUDGET-ARRORY: The City Ranager requested an appropriation of $2,500,00 for Utilities in the Armory account of the 1960 budget to provide for payment of expenses for the remainder of the year. Mr. Wheeler offered the folloming emergency Ordinance: (:14262) AN ORDINANCE to amend and reordain Section :65, "Armory," of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page Mr. Wheeler moved the adoption Of the Ordinance. The motion was secouded by Mt. Young and adopted by the following vote: AYES: Messrs, Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson-~ .......... NAYS: None ..............O. BUDGET: The City Manager requested an appropriation of $200.00 to Fees in the Medical Examiner's account of the 1960 budget. Mr. Young offered the folloming emergency Ordinance: (~14263) AN ORDINANCE to amend and reordain Section n61, =Medical Examin( of the 1960 Appropriation Ordinance, and providing for an emergency. (For iull text of Ordinance, see Ordinance Book No. 24, page 303.) Rt. Young moved the ~doptlon o! the Ordinance. The motion uns seconded by Hr. Pollard and edopted by the rolloming vote: AYES: Messrs. Cornell, Dillard, Pollard. Nebber, #heeler, Young, and the President, Hr. Anderson .......... NAYS: Nose ............ Oo BUDGET-DEPARTmeNT OF PUBLIC ~ELFARE: The City Ranage~ requested a trans- fer of $500°00 from Repairs to Supplies In the City Home account of the 1960 budget. Mr. Rheeler offered the following eeergeEy Ordinance: (z14264) AN ORDINANCE to amend and reordaln Section a54, *City Home,# of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordioance, see Ordinance Sook ~o. 24, page 303.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Hheeler, Young. and the President, Mr. Anderson ........... NAYS: None ............. O. BUDGET-JUVENILE DETENTION HOME: The City Manager advised that bids have been received by the Purchasing Agent for installing cabinets in the new Juvenile Detention Home at Eoyner Springs. and that the low bid was submitted by Home Lumber Company in the amount of $2.990.00, and requested that Council appropriate funds for this purpose mhich will be reimbursed by the state. In reply to a question by Mr. Webber, the City Manager advised that he did not have present details of the type Of cabinets to be installed. Mr. Webber moved to table the matter until the next regular meeting of Council and to direct the City Manager to furnish Council a report at that time givln9 detailed information concerning the type of cabinets proposed, incltcl/n9 the materials from which they are to be constructed, and the need therefor. The motion was seconded by Mr. Wheeler and adopted. SEt/ERS AND STORM DRAINS: The City Manager reported that pursuant to a directive of Council at its meeting of October 17, 1960, he bas investigated the request of owners and tenants of the property located in the southeast section of the city between Mountain Avenue and Highland Avenue, S. E., alum9 Three and one-hal Street and Fourth Street, that action be taken to eliminate the overflow Of sewage and storm waters in that area from the single drainage line in which they are car- ried; that his investigation indicated to eliminate the condition will require con- struction of a storm drain from the area to Roanoke River which will eliminate the flowage of storm waters through the present combined sewer system, which will cost a minimum of $56,000.00, and that there are other areas Of the city which are more urgent need of relief than this area. the City Manager recommending that the matter be tabled by Council until such time as adequate funds are available to make the improvement. Mr. T. J. Hopkins, one of the petitioners, appeared before Council and stated that while the petitioners recogniae the financial problems of the city in meeting such requests, they nevertheless feel that the orerflom or ram sewage onto their properties is i health menace and should be corrected, Mtn Hophins requesting relief, from this condition. seconded by Hre Dillard and adopted. shaft in the area mill be feasible. i~seconded by Mr. Wheeler and adopted. STATE HIGIIWAYS: The City Manager reported that Mr. Robert B. Layman has let a price of $12o750.00, which exceeds the amount authorized in the aforementioned i!priate the additional funds required, the City Manager advisin9 Council that he has i$506.00 referred to which is in excess of the appraised value of the property, in Dr. Gornell offered the follouing emergency Ordinance: i~of State Route 117, (Peters Greek Road)i providing for the payment of the purchase iiprlce thereof; and providing for an energencyo (For full text of Ordinance, see Ordinance Book No. 24, page 304.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded Dr. Cornell then offered the following emergency Ordinance appropriating (g14266) AN ORDINANCE to amend and reordatn Section ~140, "Street Con- (For full text of Ordinance, see Ordinance Book No. 24, page 305.) Dr. Cornell moved the ndoption of the Ordinnnce. The motion nos seconded by Mr. Wheeler end ndopted by the following rote: AYES: #essrs. Cornell, Dillnrd. Pollnrdo Webber, Wheeler, Young, nnd the President, Mr. Anderson .............. ?o NAYS: None ................ O, SOUTHEAST CIVIC LEAGUE-YEAFFLC: The City Manager reported that pursuant to a directive of Council at its meeting of October SI, 1960, he has investigated the request of the Southeast Civic League that n traffic signal be installed ut the Intersection of Thirteenth Street and Dale Avenue, S. E.; that the survey and traf- fic study at the intersection indicate that the stop sign nt this intersection is most effective, and that there Is no need for employing a higher degree of control with a traffic signal device. Mr. Wheeler moved to concur in the report of the City Manager, The motion mas seconded by Mr, Young and adopted, Mr. Dillard voting no. APPOINZMENTS-SOLICITATIONS: The City Manager reported the appointment of Messrs. Flare S. Raird, Frank J. Sherertz and Jack C. Smith as members of the Advisory Committee on Solicitations for Charitable Purposes for terms of two years each, effective January 1, 1961. Dr. Coruell moved to file the report, The motion was seconded by Mr. Young and adopted, REPORTS: The City Manager submitted a report of the Department of Public ~elfare for the month of October, 1960, and reported other depart=entel reports on file in his office. Dr. Cornell moved to file the report. The motion was seconded by Mr. iYoung and adopted, POLICE DEPARTMENT: Dr, Cornell stated that he was in the downtown area during the Christmas parade on the night of November 29, 1960, and was in the vicinity Of the uoderpass under the Norfolk and Nestern Riilway Company at Jefferson Street at the time a group of negro youths estimated to number 75 attacked certain persons, and for this reason he now believes that the previous requests submitted by the City Manager and the Superintendent of Police for authority to employ police dogs should be granted. The Mayor stated that this matter is before Council in its budget study sessions and being considered. REPORTS OF COMMITTEES: NONE. U~FINISHED BUSINESS: MUNICIPAL AUDITORIUM: The report of the Auditorium Committee which was presented to Council at its last meeting and tabled for one meek was again before the body, Mr, Robert M. Cntshall, representing Downtown Roanoke, Incorporated. ap- peared before Council and stated that the directors of'his organization believe that the auditorium is the No. 1 project to be considered by the city at this time; that · they also believe that the auditorium should be located In Elamood Path where it alii be most beneficial to the business~lnterests of the downtomn area~ that they believe · bond referendum on the usditorlum should be single purpose and not carry other proposed bond Issues which might becloud the issue; and that his organization ~ledges its support to the bond proposal. After considerable discussion of the subject, Mr. Young moved to direct ~he Clty Attorney to prepare an Ordinance providing for the issue of bonds not to iexceed $2.000,000.00 for the purpose of paying the cost of construction of · new iNonicipal Auditorium. The motion was seconded by Hr. Wheeler and adopted. CONSIDERATION OF CLAIMS: NONE. INYRODUCTIO~ A~O CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ~O~E. MOTIONS AND MISCELLANEOUS BUSINESS: JUVENILE DETENTION DO)~: Dr. Cornell stated that he believes the City !!Manager has had enough time to make the investigation concernin9 alleged irregular- !itles at the Juvenile Detention Dome as directed by Council at its meeting of !November 21, lg60, and inquired of the City Manager whether or not he has indicated :it will take months to complete the report as has been reported to him. The City Manager replied that he expects it will take more than one month !to complete his investigation and render his report, but assured Council that he ilwill complete his assignment as expeditiously as possible consistent with thorough- ness. ELECTION OF OFFICERS: The City Clerk reported that the terms of the fol- iilowing members of Boards, Commissions and Committees will expire December 31. 1960; iAdvisory Air Pollution term 4 Mr. Fred K. and Appeal Board. Control, years, Prosser; i;Roanoke Valley Regional Planning and Economic Development Commission, term S years, ~Mr. R. Eo Hodges; City Planning Commission, term 4 years, Messrs. ~enry B. Boynton, iDavid Dick. Julian B. Martin and Harold W. Hill; Stadium Advisory Committee. term i!2 years, Messrs, John I, Bowman, William P. Swartz, Jr., Walter G. Stephenson, Co E. ilCuddy and Abney S. Boxleyo and term 1 year, the President of the Touchdown Club, and ithat the incoming President of the Touchdown Club will be Hr. Robert S. Crabtree. Dr. Cornell moved to table the matter for consideration at the next regolax !meeting of Council. Yhe motion was seconded by Mr. Dillard and adopted. There being no further business, Council adjourned. APPROVED *~ Cl~rk ........ Pre sident - 151 COUNCIL, REGULAR MEETING, Monday. December 12. 1960. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Municipal Building, Monday, December 12. 1960, at 2200 *°clock. p. m.. the regular meeting hou~ with the President. Mr. Anderson presiding PHESENT: Messrs. Corn*Il. Dillard. Pollard. Mebber. Mb,el*r. Young. and the President. Mr. Anderson ...... 7. ABSENT: None ..............O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. Harry R. Yules, City Auditor. and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend G. P. Lottich. Pastor. Christ Lutheran Church. MINtrEES: Copy of the minutes of the regular meeting held on December S, 1960, havin9 been furnished each member of Council, upon motion of Mr. Mheeler. seconded by Mr. Pollard 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., Monday, December 12. 1960. on the request of Mr. Milliam B. Draper, et al,. that portions Of Indiana Avenue and Mohawk Avenue, N. E,. lying between Seventh Street and the Shenandoah Valley Division of the Norfolk and Western Railway Company. be permanently vacated, discontinued and closed, and notice of the hear- lng having been published in The Roanoke World-News on December 2, 1960, and the City Planning Commission having previously recommended denial of the request for closi~9 the portion of Indiana Avenue involved on the basis that at some future date it will be necessary to construct an overpass over the Norfolk and Mestern Railway connecting the Williamson Road and Hollias Road area in the vicinity of the streets in question, the hearing was held at which no one appeared jn oppositio~. Mr. John D. Copenhaver. Attorney for the petitioners, appeared before Council and pointed out that the report of the Planning Commission does nat make any specific recommendation with reference to Mohawk Avenue. that the portion of Indiana Avenue sought to be closed lies between properties of Mr. Draper and is only thirty feet in width; that an extension of the said Indiana Avenue on the east side of the Norfolk and Western Railway's lines continues for a distance at a width of thirty feet and bas a dogleg connection to a fifty foot wide street thereafter; that Mohawk Avenue on both sides of the tract has a fifty foot right of way and in his opinion is more suitable for the crossing over the railroad which the City Planning Commission advises will be necessary; that that portion of Mohawk Avenue requested to be closed lies between the property of Mr. *raper and the Niainger Estate, not dividing the property of a single owner, in consider- arian of which, if one of the streets must remain open, his clients prefer that Nohauh Avenue remsin open and Indiana Avenue be closed; that his cllent~ Hr. Wiliinm D. Draper, intends to use his properties gu both the north and south side of Indiana Avenue for lndustrinl purposes and desires to construct a railroad spur connection into the property on the south side of Indiana Avenue from the property on the north side; that the agreement between the property owners for the closing or the streets in question, upon uhich the request is based, mas executed on the 23rd day of November, 1959, and referred to the City Planning Commission by Connill at its meeting or January 11, 196o. rot study and recommendation; and that the Planning Commission did not report thereon until November 18. 19hO, uhlch occasioned considerable delay to his clients, Hr. Copenhaver requesting that Council expedite action upon the request. Hr. Dillard moved to grant the request for closing of the portions of Indiana Avenue and Mohawk Avenue as petitioned. The motion was seconded by Dr. Coraell. Mr. Webber pointing out that the report of the Ci.ty Planning Commission is inconclusive, offered a substitute motion to request the City Planning Commission to clarify its report and recommendatio~ upon the request. The motion was Seconded by Mr. Wheeler and adopted, Mr. Dillard voting no. STREETS AhD ALLEYS: A public hearing having been set for 2:00 o'clock, Monday, December 12, 1960, off the request Of W. Clayton and Ruth B. Lemon that Shenandoah Valley Avenue, N. E., from a point 100 feet south of Kanter Road, southward to the north part Of Tract 4-A, Revised Union Stockyards Corporation Map, and Kanter Road, N. £., 6etueen Shenandoah Valley Avenue and the Shenandoah Division of the Norfolk and Western Railway Company, lying in the northeast section of the city. be vacated, discontinued and closed, and notice of the hearin* baying been published in The Roanoke World-News on December 2, 1960. 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. Plunhett, Jr., Attorney for the petitioners, appeared before Couaci and requested that since there Is no opposition, his clients' request be granted. Hr. Wheeler moved to concur in the recommendation of the City Planning Commission and offered the following Ordinance: (u14267) AN ORDINANCE enacted pursuant to the provisions of Section 15-76~.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 instrument vacating, discontinu lng and closing that portion of Shenandoah Valley Avenue. N. E., extending from a point 100 feet south of Kanter Road southerly to Tract 4-A of the Revised Union Stockyards Corporation Map, and that portion of Kanter Road, N. E., extending from Shenandoah Yalley Avenue eastwardly to the Norfolk and Western Railway right-of way which were originally shown on the Map of Laurel Terrace. WHEREAS, application has been made to the Council of the City Of Roanoke to have approved a certain instrument dated November 12, 1960. executed by W. Clayton Lemon and Rath B. Lemon, vacating, discontinuing and closing that portion of Shenandoah Valley Avenue, N, E,, extending frow a point 100 feet south of Kanter Road southerly to Tract 4-A of the Revised Union Stockyards Corporation Hap, and that portion of Kanter Road, N, £,, extending from Shenandoah Valley Avenue eastwardly to the Norfolk and Nestera Railway right of.way, which were originally shown cn the Hap of Laurel Terrace; and NtI~R£AS, the City Planning Commission has considered the application and has recommended that the Council approve the vacating, discontinuing and closing of said portion of Shenandoah Valley Avenue. N, E,, extending tram a point 100 feet south of Kanter Road southerly to Tract 4-A of the evised Union Stockyards Corporation Rap, and that portion of £anter Road, N. ~., extending from Shenandbah Valley Avenue eastwardly to the Norfolk and Western Railway right of way, which were ofloinally shown on the Rap of Laurel Terrace; and ~HER£AS. this Council caused proper legal notice of a public hearing on the proposal to be published ca~ling for a hearing on December 12. 1o6o. at 2:00 o'clock, p. m.. in the Council Chamber. at which hearing interested parties were given an opportunity to be heard; and NiIEREAS. this Council. after considering the evidence submitted, is of the opinion that vacating said portion of Shenandoah Valley Avenue, N. E., extend- ing from a point 100 feet south of Kanter Road southerly to Tract 4-A of the Revised Union Stockyards Corporation Map, and that portion of Kanter Road, N. extending from Shenandoah Valley Avenue eastwardly to the Norfolk and Western Railway right of way, which ~ere originally shown on the Rap of Laurel Terrace, iff the manner requested will not abridge or destroy any ot the rights and privilege of other property owners within the bounds of the area of land shown on the Map of Laurel Terrace and is farther of the opinion that said request should be granted~ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain instrument executed by W. Clayton Lemon and Ruth B. Lemon under date of November 12, lgCO, vacating, discontinuing and closing said portion of Shenandoah Valley Avenue, N, Eo, extending from a point 100 feet south Of Kanter Road southerly to Tract 4-A of the Revised Union Stockyards Corporation Map, and that portion of Kanter Road, No Eo, extending from Shenandoah Valley Avenue eastwardly to th~ Norfolk and Western Railway right of way, which were originally shown on the Map of Laurel Terrace, be, and the same is hereby, approved by this Council as provided by Section 15-766.1 of the Code of Virginia (lgSO), as amended to date,il the Council reserving, however, unto the City an easement to maintain and operate such public sewer lines, water lines, drains or other public utilities as may be presently installed in the portions of the streets herein authorized to be closed, 153 Roanoke; and that the aforesaid vacation instruaent dated November 12, 1960, be !recorded in the Clerk*s Office of the Dustings Court of the City of Roanoke, Virginia. ar. Nheeler moved the Ordinnnce on its first reading. The motion mas seconded by Dr. Cornell and adopted by the foil*ming vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, #heeler, Young, and the tPresident, Mr, Anderson ...................... 7. NAVS: None .......................O, PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a petition of Mrs. Pete S. Sram*nils, et al** requesting that their properties located on the north side of Melrose liAr.nun, N. R., between Twenty-first Street and Twenty-second Street. described as Lots 9. lO, ll and 12. and am unnumbered Lot tn Block 87. Melrose Land Company. Official Tax Nos. 2321009-2321613, inclusive, be fez*ned from Special Residence District to Business District. Mr. Mheeler moved to refer the request to the City Planning Commission !for study and recommendation. The motion mas seconded by Mr. Young and adopted. STREETS ANB ALLEVS: The City Clezk presented a petition iron Self '~Service Stations, Incorporated, requesting that an alley in Block 4, Colonial Heights Map, lying between Lots q and 10 and Lots 1~ and 20, and extending from Brandon Avenue in a southwesterly direction 136 feet, and that portion of Sanford ilAr.non, lying between Block 4 end Block 9, Colonial Beights, extending from Colonial Avenue in a southwesterly direction 135 feet to the northeasterly lines of Lot O, Block g. and Lot 10, Block 4, of said map, be vacated, discontinued iland closed, and that viewers be appointed to view and report on such request as i iprovided by Section IS-T66 of the Code of Virginiat the corporation agreeing to i idedioote a 15-foot Hide alley on the westerly side of Lot 19 to connect the remain- ling portion of the alley and Sanford Avenue. ii ' moved to refer the rqquest to the City Planning Commission Dr. Cornell iifor study and recommendation. The motion was seconded by Mr. Young and adopted. Mr. ~ebber offered the following Resolution appointing the viewers as requested; (~14268) A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the petition of 5elf Service Stations, Incorporated, to permanently vacate, discontinue and close, for a portion of its length, an alley in B!ock 4, according to the Map o! Colonial Beigbts,~ ;lytn9 between Lots 9, 10, 19 and 20, of that Block, and extending from the intersec- tion of said alley with Brandon Avenue, S. ~,, in a southwesterly direction 136 feet the nartheasterIy lines of Lots 8 and 18, Block 4, and lling between the property of Self Service Stations, Incorporated; also, that portion of a street known as:San- ford Avenue, lying between Lots 19 and 20, Block 4, and Lots 9 and 10, Block 9, of the Map of Colonial Heights, and extending from its intersection with Brandon Avenue, 5. W., in a southwesterly direction from that intersection 135 feet to the northeast. erly lines of Lot B, Block 9,,and Lot lB, Block 4, of said map, and lying between property of Self Service Stations, Incorporated, both in the City of Roanoke, Virgini (For full text of Resolution. see Resolution Book No. 24, page 'Mr. Webber moved the adoption of the Resolution. The motion mas seconded by Mr. Wheeler and adopted by the followihg vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ........... 7. NAYS: None ..................... O. ZONING: The City Clerk preseuted a petition from Mr. N. W. Schlossberg, reqoeatlng that bis property located on the south side of Melrose Avenue. N. meat of Fnlrviem Cemetery, being Lot 5 and parts of Lots 6. ? and 0. B. B. Marklny Map, be resorted from Business District to Light Industrial District. Mr. Young moved to refer the request to the City Planning Commission for study and recommendation. Tho motion was seconded by Mr. Wheeler and adopted. SIGNS-CITY PROPERTY: The City Clerk presented a communication from Mack Aheron Advertising Agency of Salem. Virginia, requesting permission to erect a sign billboard on city-omned property located at Widrale Avenue and Tf~teenth Street, S. W., at the eastward end of Memorial Bridge. uhich will require leasing to the said agency a tract of land 4 feet deep and 14 feet wide, at a price which will be mutually agreed upon. Mr. Mheeler moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Mr. Pollard and adopted. CENSUS: The City Clerk presented a communication from the Auditor of Public Accounts of the Commonwealth of Virginia in which, pursuant to provisions of Section 1-13.35 of the Code of Virgin h. he certified the population of the City of Roanoke, established by the 1960 United States Census. as being Mr. Young moved to file the communication. The motion was seconded by Mr. Wheeler and adopted. REPORTS OF OFFICERS: BUDGET: The City Manager requested an appropriation of $650.00 to Compensation under Section =lSl, 'Workmen's Compensation,' of the 1960 budget, which is necessary for payment of compensation claims for the remainder of the year. Mr. Webber moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~14269) AN ORDINANCE to amend and reordain Section =151~ "Morkmen*s Compensation." of the ]gbO Appropriation Ordinance. and providing for an emergency. {For full text of Ordinance, see Ordinance Uook No.-24, page 30g.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Mebber, Wheeler, Young and the President, Mr. Anderson ................... 7. NAYS: None .....................O. flUDCET-DEPARTWERT OF PUBLIC WELFARE: The City manager requested an appropriation of $1,g25.O0 to Salary, Physician under Section =54, *City Nome,# of the lqbO budDet, which is necessary for payment of physicians' fees for the remainder of the year. 155 1.56 Hr. Pollard moved to concur in the request of the City Manager and offered the following emergency Ordinance: (a14270) AN ORDINANCE to amend and reordaln Section #S4,**Clty Home.w of the 1960 Appropriation Ordlaaece. and proriding for aa emergencT. (For fall text of Ordinance. see Ordinance Book No. 24. page 310.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Young end adopted by the following vote: AYES: Messrs. Cornell, Pollard, Webber. Wheeler. Young. and the President. Mr. Anderson .................. 6. NAYS: Mr. Dillard .............1o BUDGET-ANNEXATIOn: The City Manpger requested an appropriation of $7,949.57 under Section ~155. #Annexation.# of the 1960 budget, to pay the accounts of Wiley and Wilson in the amount of $6,074.66; James M. Yurner and £1bert D. Waldron la the amount of $1.663.50; and Moodrum and Grego(y in the amount of $211.39. Mr. Young moved to concur in the request of the City Manager and offered the followin9 emergency Ordinance: (#14271} AN ORDINANCE to amend and reordain Section =155, "Annexation," of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 310.) Mr. Young moved the adoption of the OX inance. The m~ion was seconded bY Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Webber, Mheeler, Young, and the President. Mr. Anderson .................. NAYS: Mr. Dillard .............1. POLICE DEPARTMEnt: The City Manpger reported that Police Officer 6ene P. Moran was injured in line of duty on March 10, 1960; that. the authority for payment of his full salary aa provided under Resolution No. 4746 will expire December 12, 1960~ and that Police Officer Moran ~ill be unable to return to duty fur an inderterminate time. and requested that Council, by Resolution, extend the time for payment of the full salary to Police Officer Moran for an additional 60 days. Dr. Cornell moved to concur in the request Of the City Manager and offered the following Resolution: (=14272) A RESOLUTION authorizing and directing that Gene PoMoran, by reason of personal injury received in line of duty, be paid his regular salar~ for a period of sixty daybeglnning December 13, 1960. (For full text of Resolution, see Resolution Book No. 24, page 311.~ Dr. Cornell moved the adoption of the Resolution. The marion was seconded by Mr. Pollard and adopted by the following vote; AYES~ #essrs. C,mall. Dillard. Pollard. Mebber. Nheeler. Young. and the President. Hr. Anderson ............ ?. NAYS~ None ...................... O. DDDOET-SCHOOLS: The City Manager requested an appropflatlon of $6?4.00 for the purpose of paying for t~e overrun in the cost of grading the site for the Roanoke Technical Institute and advised that the qunitity of earth excavated. in the grading amounted to 73,300 cubic yards, which is 2,300 cubic yards more than originally estimated. Mr. Young moved to concur in the request of the City Manager and offered the following emergency Ordinance: (#14273) AN ORDINANCE to amend and reordain Section z156. *Technical Institute Site.* of the 1960 Appropriation O~linance. and providing for an emergency~ (For full text of Ordinance. see Ordinance Book No. 24. page 311.) Mr. Young moved the adoption Of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Nebber. Nheeler. Young. and the President. Mr. Anderson ............ NAYS: None ...................... O. APPOINTMENTS: The City Manager reported the appointment of Mr. Bueford B. Thompson as Purchasing Agent and Mr. Edwin A. G. Ellis as Deliquent Tax Collector. both effective December 12. 1960. Mr. Mheeler moved to file the report. The m,ibm was seconded by Mr. Young and adopted. SOUTHEAST CIVIC LEAGUE-SE#ERS A~II STORM DRAINS: The City Manager reported that he has investigated the complaint of the Southeast Civic League referred to him by Council at its meeting of August 22. 19hO. concerning the offensive odors emanating from the Sewage Treatment Plant; that his investigation, which included an analysis by Alvord. Burdich and Rows,ri. Consulting Engineers. and a study by the Air Pollution Department and Health Department of the city. disclosed that when sludge is used on yards and grounds in the summer periods, from time to time odors will emanate mhich can be diminished by the use of lime; that the additions to the Sewage Treatment Plant now under construction which will increase its capacity by fifty-five per cent are about complete; and that. in his opinion. when the plant is in full operation after such improvements, and with proper use of sludge by the citizens, there should be no further sustained complaints of this type. Mr. Lawrence R. Noel appeared before Council and stated that he is a resident of the Southeast section; that he has toured the entire area and can state flatly that no appreciable amount of sludge is used in said section; conse- quently, the ~dors'complatned of cannot be from that source; that he disagrees with the report of the Cl~y Manager. but that there has been some improvement in the last month in the condition complained of. ~5,7 Mrs, E. S. Carter, 1513 Kenuood Boulevard, S~ E., also appeared before Council and stated that mhile there has been some improvement, ther~ are still odors emanating from the plant, After considerable discussion of the matter, during mhich:the City Manager advised that Mr, R. E. Crauford of Alvord, Burdic~ and Bowman will be in Roanoke in the next fem meeks for further discussions ia connection mith~e Sewage Treatment Plant, Mr. Dillard moved to direct the City Attorney to pre- pare an Ordinance prohibiting sale of sludge from the Sewage Treatment Plant in the city. The motion was seconded by Dr. Cornell. Mr. Young offered a substitute motion to direct the City Manager to ask Mr. Cramford to meet with Council when he visits the city for further dlscussIo~ Of the question Of odors from the Sewage Treatment Plant in an effort to determine whether or not any additional action on the part of the city is required to eliminate the odors complained of. The motion was seconded by Mr. Wheeler and adopted. TRAFFIC: The City Manager reported that he has investigated the request Of Mr. An Fo Nagner for installation of a street light at the inter~ection of Orange Avenue and Seventeenth Street, N. M., that n survey of traffic flows. pedestrian movements, etc.. conducted at the intersection does not ~ustify installation of a traffic light at that corner; and that an investigation by the Police Department indicates tha~ accidents ~t this corner are on a par sith other intersections of this type, disclosing only one traffic death at this corner mhen an elderly woman was struck by a car On a dark rainy night, and advised ~at he cannot recommend installation of a traffic signal at this corner. Dr. Cornell moved to table the matter until the next regular meeting of Council and to notify Mr. Wagner that Council will consider the report at that time In order that he may be present. The motion ~as seconded by Mr. Young and adopted. STAD~UR: The City Ranoger reported that to ~over the area under the east stand at the Municipal Stadium, as requested by 01d Dominion IndUstFial Exposition. Incorporated, mill cost approximately $21,000.00. Mr. Young moved to table the matter until Council finishes its budget study sessions. The motion was seconded by Or. Cornell and adopted. CITY JAIL: Dr. Cornell stated that he is concerned about the difference between the figure of $150.00 as the cost for repalrs to the City Jail. quoted to Council at its last previous meeting by Mr. K. E. All.an, City Sergeant. and the figure presented to Council on March 21. 1960, in the amount of $3.B~2.00, in connection with a request for an appropriatio~ for such repairs, at which time Coaniil directed the City Manager to request a refund Of that cost from the Federal Government. and moved to direct the City Manager to investigate this matter and submit his report thereon. The motion was seconded by Mr. Dillard and adnpted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: HOUSING-SLUM CLEARANCE: Council at its meeting of November 14. 1960, having referred to the City Planning Commission for study ns to the planning aspects thereof the request of the City of Roanoke Redevelopment and Rousing Authority for approval of Redevelopment Plan Amendment No. 2 of the Commonwealth Redevelopment Project. the City Planning Commission submitted its report, advising that it bas studied the matter in tmo phases; (1) the question of whether or not the amendment to the plan will conform with the general development plan of the city; and (2) the question Of whether or not the area should be rezoned for business; that in connection with the first phase, it finds the amendment plan to be in general agreement with the development pattern evident in the project area and in order and consistent mith the development pattern evident in the city, however, the City Planning Commission is concerned as to the possibility of future orderly commercial development of the redevelopment area, and has directed its Director of Planning to explore in cooperation mith the Housing Authority a more restrictive commercial use for the redevelopment area which will result in a unified commercial area development; and that in connection with the second phase Of rezoning, the City Planning Commission recommends that rezoning from General Residence District to Business District of the project area be approved by Council upon request therefor. Mr. Rebber moved to table the matter until the next regular meeting of Council when it will again consider the request of residents of the area that deeds to the properties which they have under contract for purchase be granted to them. The motion was seconded by Hr. Cornell and adopted. STREETS AND ALLEYS: Council at its meeting of November 14. 1960. having referred to the City Planning Commission for study and recommendation a petition of Diamond Plastics Industries, Incorporated, requesting that a portion of the northeast intersection of Preston Avenue and HollJns Road. N. E.. be vacated, discontinued and closed, the City Planning Commission submitted its report, advising that a portion of old Hollins Road. N. E., covered by the request, is not now being used for street purposes, and that it cannot foresee any need therefor in the future, the City Planning Commission recommending that the request be granted. Mr. ~heeler moved to set a public hearing in the matter for 2:00 o'clock. p. m., January 9, 1961, and to direct the Attorney for the petitioner to prepare the proper notice thereof, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Pollard and adopted. flUOGET-JUVENILE DETENTION HOME: A request of the City Manager for an appropriation of $2,990.00 to cover the cost of installing cabinets at the new ~uvenile Detention Home at Coyner Springs having been laid over from the previous meeting of Council. at which time the City Manager was instructed to furnish Council additional information, the matter mas again before the body. ~.59 !t60 The City Manager presented n detailed plan of the cabinets proposed to be constructed mhich are for the purpose of housing recreational nnd educational materials end equipment for use by inmates of the home and stated that the entire cost of these cabinets mill be refunded to the city by the Commonwealth, ned that the plans for the cabinets have been approved by the State both as to need and construction thereof, the City Manager again requesting that Council appropriate the necessary funds. Or. Cornell moved to concur in the request of the City Manager and offered the following emergeecy Ordinance: (~14274) AN ORDINANCE to amend and reerdain Section z142, #Yransfer to Improvement Fund.' of the 1960 Appropriation Ordinance, and providing for au emergency. (For full text of Ordinance, see Ordinance Dook NO. 24, page 312.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Pollard, Mebber, Mheeler, Y~oung, and the President, Mr. Anderson ................... NAYS: Mr. Dillard ..............1. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 14261, vacating, discontinuing and closing that portion of Larchmood Street, N, E., from the north line of Indiana Avenue to the north line of Lot 3, Block 2. Union Stockyards Corporation Map, extended; and that portion of Lone Oak Avenue, N. E., from the west line of Larchwood Street to the west line Of Blocks I and 2, Union Stockyards Corporation Map, 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: (=142~1) AN ORDINANCE vacating, discontinuing and closin9 that portion of Larchwood Street. N. E.. from the north line of Indiana Avenue to the north line of Lot 3, Olock 2, Union Stockyards Corporation Map. extended; and that portion of Lone Oak Avenue, N. E., from the west line of Larchwood Street to the west line of Blocks 1 and 2, Union Stockyards Map, which is more particularly described hereinafter by metes and bounds. (~or full text of Ordinance. see Ordinance Book No. 24, page Mr. Wheeler moved the adoptien of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Mebber. Mheeler, Young, and the President, Mr. Anderson ........... NAYS: None .....................O. PENSIONS-CITY SERGEANT: Couecil at its meeting of November 21. 1960, having directed the preparation of an Ordinance amending the Code Of the City of Roanoke. 1956, to provide that any member of the Employees* Retirement System having served n minimum of fifteen years end Riving been elected or sppointed as a constitutional officer or the City of Roanohe, which office ts covered b~ the State SepplemeJtal Retirement System, after July 1. 1%0. mill be eligible for a deferred retirement allowance under the city*s Employees* Retirement System. Hr. Young offered the following Ordlnance~ (~14275) AN ORDINANCE to amend and reordain subsection (10) of Section I and Section ? of the Employees' Retirement System of the City of Roanoke. BE IT ORDAINED by the Council of the City of Roanoke that subsection (10) of Section I of the Employees* Retirement System of the City of Roenoke be, and said subsection is hereby, amended and reordalfled so as to reed and provide as fo noms: (10) Employee shall mean 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, lg4b; offi- cials 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 employed by the school board of the city who is not eligible for membership in the state employees' retirement system of Virginia (pro- vided, however, that secretaries to the superin- tendent of schools, in service prior to the effective date of Chapter 325 of the Acts Of the General Assembly of Virginia of 1g42, may become members of this system if, prior to September 15. 1950. they elect to later retire under this system and not that of the state, and othermise 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, however; that constitutional officers elected by the people of the city, as- sistants, deputies and employees in said consti- tutional 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 bis 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 ~mbership in this system except as provided in section 7 (18). In all cases of doubt the board shall determine who is an #employee* within the meaning of this chapter, subject, however, to review by council. BE IT FURTHER ORDAINED that Section ? of the aforesaid Employees' Retirement System Of the City Of Roanoke be, and said section is hereby, amended by adding a new subsection thereto, said subsection being subsection (18) and shall read and provide as folloms~ :re2 (18) Anything in this chapter 16 the contrary notwithstanding, on and after July 1, 1960, any member of this system having a minimum of fifteen yesrs of creditable service, nnd who is elected or appointed as a constitutional officer or the city or Rounoke. Eovered by the ¥lrginlu Supplemental Retirement System, may elect ulthin slx months after such election or appointment to continue as a member ~not la servJ.ce provided he does not with- dram bls contributions. Such a member shall be eligible for the retirement benefits provided by this system on the basis or his average final compensation and creditable service to the time of bec,ming such constitutional officer, provided that, at the time such benefits are claimed, bis period of service as such constitutional officer uhen added to his creditable service shall amount to a minimum of twenty years. Mr. Young moved the Ordinance on its first reading. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber. Wheeler. Young. and the President, Mr. Anderson ........... NAYS: None .....................O. BONDS-MUNICIPAL AUDITORIUM: Council at its meeting of November 28, 1960 having directed the preparation of an Ordinance to provide for the issuance of general obligation bonds of the city not to exceed $2,000.000.00 for a flew municipal auditorium, the following Ordinance was presented to the body: AN ORDINANCE to provide for the issue of general obligation bands of the City of Roanoke. Virginia. in principal amount not to exceed Two Million Dollars ($2,000.000) to provide funds to pay for the cost of a needed permanent public tm- improvement, to-wit: a new municipal auditorium. Mr. Pollard stated that while he has seen no planS, sketches or specifications for the type of auditorium contemplated; he has gained the impres- sion that a theatre type auditorium is being proposed, which in his opinion is not the type of auditorium the city needs or most Of the citizens think they will get; that there exists considerable confusion in the city with reference to this question which should be cleared up before proceeding further; that the city needs a building or buildings which will accommodate trade shows, displays, sporting events, in ~ddition to civic affairs requiring theatre type acc,m,dar(oas rather than a single building of theatre type which will only acc,m,date shows, musicals, plays, otc.; that if Council is considering providing only a theatre type building it is his belief that consideration should be 9ivan to acquiring the American Theatre which he has been reliably informed can be purchased for $1,250,000.00 on desirable terms and interest rate and which has a monthly income of $1,725.00 from rental of store spaces; that he is not opposed to an auditorium and will support a program that meets all the needs of the city, but that he believes all the questions concerning the entire matter should be clarified before proceeding any further. The members of Cou~il*s auditorium committee stated that all these questions have been considered; that the bond issue proposed is for a theatre type auditorium with space below the theatre floor for displays and small sporting events, etc.; that there is u company in Roanoke which proposes to erect u colosseum which will provide facilities fur large sporting events, trade and industrial shuns, etc,. and until the determination is made as to mhether or not that company mill erect such u colosseum they are of the opinion that the city should not be in competition with them; that the City Manager bas a preliminary sketch of the type of auditorium proposed uhlch has heretofore been before Council; and that the City Manager is having prepared further sketches and pre- llminury plans in connection tberemith Mhich are and mill be arailable to any member of Council desiring to consider them. · Or. Cornell moved to table the matter until the next regular meeting of Council in order to permit further consideration by members of Council. The motion was seconded by Hr. Webber and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: ELECTION OF OFFICERS: Council having laid over from its previous meeting the question of appointing members for various Boards, Commissions and Committees to fill terms that will expire on December 31, 1960, the matter was again before the body. The Mayor called for nominations for a member of the Advisory and Appeal Board. Air Pollution Control, for a term of four years beginning January 1. 1961. Mr. Wheeler placed in nomination the name of Mr. Fred K. Prosser for reelection to that Board. There being no further nominations, the Chair declared the nominations closed. Mr. Fred K. Prosser was reelected a member of the Advisory and Appeal Board. Air Pollution Control. for a term of four years beginning January !, 1961, by the fallowing vote: FOR MR. PROSSER: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler. Young. and the President, Mr. Anderson .............. 7. The Mayor then called for nominations for a member of the Roanoke Valley Regional Planning and Economic Devekgment Commission for a term of three years beginning January 1, 1961. Mr. Young placed in nomination the name of Mr. R. E. Hodges for reelection to that Commission. There being no further nominations, the Chair declared the nominations closed. Mr. R. E. Hodges was reelected as a member of the Roanoke Valley Regional Plannin and Economic Development Commission for a term of three years beginning January 1, i961. by the following vote: FOR RR. HOBUES: Messrs. Cornell, Dillard. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............. 7. The Mayor c~lled for nominations for four members of the City Planning Commission for terms of four years each beginning January 1, 1961. 163 '1'64 Dr. Co,nell pieced in nomination the names of Messrs. Henry H. Roynton, Harid Dick. Julian R. Martin and Harold M. I~ll for reelection to that Commission. There being on further nominations, the Chair declared the nominations closed. Messrs. Henry B. Boynton. Darid Dick. Jdian H. Martin and Harold #. Hill were reelected as members of the City Planning Commission for terms of four years each beginning January 1, 1961, by the follomiog vote: FOR HR, BOYNTON: Messrs. Coroeli. Hillard, Pollard. Mebber. Mheeler. Young. and the President. Mr. Anderson ............... FOR MR. DICK: Messrs. Cornell, Dillard. Pollard. Mebber, Mheeler. Young. and the President. Mr. Anderson ............... FOR MR. MARTIN: Messrs. Cornell. Dillard, Pollard, Mebber. Wheeler. Young. and the President. Mr. Anderson---~ FOR MR. HILL: Messrs. Cornell, Dillard. Pollard. #ebber, Wheeler. Young, and the President, Mr. Anderson ............... ?. The Mayor then called for nominations for fire members of the Stadium Advisory Committee for terms of two years each and one me~ber for a term Of one year (President. Touchdown Club} beginning January 1. 1961. Dr. Cornell placed in nomination the names of Messrs. John l. Bowman. William p. Swartz, Jr., C. E. Cuddy, and Abney S. Boxley for reelection to that Committee. Mr. Richard C. Stephenson for election to that Committee. and Mr. Robert S. Crabtree. incomin9 President of the Touchdown Club. There being no further nominations, the Chair declared the nominations closed. Messrs. John I. Bowman. William P. Swartz, Jr.. Richard C. Stephenson, C. E. Cuddy. and Abney S. Boxley were elected as members of the Stadium Advisory Committee for terms of two years each beginning January 1. 1961, and Crabtree for a term of one year beginning January 1, 1961, by the foliowin9 vote: FOR MR. BOWMAN: Messrs. Cornell, Dillard, Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson ............. FOR MR. SWARTZ: Messrs. Cornell, Dillard, Pollard, Webber. Mheeler. Young, and the President, Mr. Anderson ............. FOR MR. STEPHENSON: Messrs. Corneil, Dillard, Pollard, Mebber, Wheeler, Young, and the President, Nr. Anderson ............. FOR MR. CUDDY: Messrs. CorneH, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............. FOR MR. BOXL£Y: Messrs. Cornell, Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr. Anderson ............. FOR MR. CRABTR£E: Messrs. Cornell, Dillard. Pollard, Mebber. Mheeler, Young. and the President, Mr. A~derson ............. 7. INDUSTRIESx Mr. Young stated that as Chairman of Council*$ Industrial Ueve.lopment Connittee he has been ad~l.s~d that an expression of Council's policy regarding industries that have located and those proposing to locate in the city or its environs mill be helpful to those agencies ~ngag~d-is'l~dustrfol development activities and offered the f,Il,ming Resolution~ (s14276) A RESOLUTION expressing thin Council's policy regarding indus- tries that have located and those proposing to locate in the City of Roanoke or its environs. (For full text of Resolution. see Resolution U,ok No. 24. page 313.) Mr. Young moved the adoption of the Resolution. The motion seconded by Mr. Dillard and adopted by the f,Il,win9 vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber. Wheeler% Young. and the President. Mr. Anderson ........... 7. NAYS: None ..................... O. There being no further~siness. Council adjourned. APPROVED .165 166 COUNCIL, REGULAR J~ETING, Monday. December 19, 1960o The Council of the City of Roanoke met in regular meeting in the Council Chauher in the Municipal Ruilding, ¥onday. December 19, lC60, at 2:00 o'clock, p. m., the regular meeting hour, with the President. NFo Anderson, presiding. PRESENT: Ressrso Cornello Dillard, Pollard, Nebber, Nheeler, Young, and the President, Mr. Anderson ........... ABSENT: None ...............O. OFFICERS PRESENT: Mr. Arthur So. Owens, City Manager, Mr° Randolph D. Rbittle, 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 J, Landon Maddex, Pastor, Villa Heights Baptist Church, MINUTES: Copy of the minutes of the regular meeting held on December 12, 1960, havin9 been furnished each member of Council. upon motion of Rt. Rheeler, seconded by Mr. Youn9 and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF DITIZENS UPON PUBLIC HATTERS: COMMUNITY HOSPITAL-PARKS AND PLAYGROUNDS: Mr. M, N, Armistead, President of the Community Hospital of Roanoke Valley, appeared before Council and advised that because Of the opposition of Fishburn Park area residents and because it appears that Council is not unanimous in its support of the request of the Hospital Board for fifty-two acres of Ftshburn Park for location of the proposed Community Ilospital, the Board of Directors is withdrawing its request for that site; that the Hoard of Directors of the Community Dospital is motivated only by a sense of civic duty, civic pride and consciousness of an acute need for the pro- posed medical facility to replace outmoded and wornout hospital plants; and that the Board of Directors asks for the active support of every member of City Council as the hospital plans proceed in order to provide the Roanoke Valley sufficiently staffed, housed and equipped medical facilities in order to maintain its eminence in the medical field and provide the citizens of the area with proper medical facilities. Mr. J. R. Ingram appeared before Council and stated that he and the other opponents to the location of the hospital in Fishburn Park are appreciative of Council's consideration and patience in listenin9 to their objections, Mr. Ingram assurin9 Council that they will all support the proposed hospital at another loca- tion. Mr, Dillard moved to receive and file the statements, The motion was seconded by Dr. Cornell and adopted. PETITIONS AND COMMUNICATIONS: ANNEXATION-5ERER5 AND STORM DRAINS: The City Clerk presented a communica. tion from residents of the Cresthills Subdivision located in Roanoke County, plaining that the Roanoke County Sanitation Authority is taking over sewer lines in their community uhlch were installed by the subdivider and for which the home owners hare paid in purchasing their lots; that the said Authority is now charging each of them $36.00 per year as a sewer tax and is only paying to the city about $3.00 out of the $36.00 levied against them, thus profiteering to the extent of approximately $15,000.00; that they have discovered that in the pending annexation suit it is being demanded by the Sewer Authority, as a condition to annexation, that the city pay the Authority the appraised value of the sewers which have been paid for by the home owners and for which the Authority has paid nolMn9; and that in the event of annexation the said home owners will be in a position of having to pay twice for their sewers, the residents stating that while they do not exactlyil look with favor upon annexation, they do insist that the city refuse to yield to any such demands of the Authority. and requesting that Council issue a public statement of its policy in connection with these issues. Mr. Young stated that Council bas already publicly declared its policy in connection with the matters concerned in a letter of October 3, lq60, to the Board of Supervisors of Roanoke County and moved to direct the City Clerk to furnish a copy of that letter to the petitioners. The motion was seconded hy Mr. Wheeler and adopted. MUNICIPAL ACDITORIUM: The City Clerk presented a Resolution of the Board of Directors of the Roanoke Chamber of Commerce, commending City Council for its action regarding the proposed Municipal Auditorium and assuring Council that the Roanoke Chamber of Commerce stands ready to assist in any manner toward the suc- cessful pursuit of this endeavor. Mr. Dillard moved to file the Resolution. The motion was seconded by Dr. Cumuli and adopted. LIBRARIES: The City Clerk presented a report of the Roanoke Public Library Foundation, covering the period from September 1. 1960, to December 1, showing a balance of $3.242.80. Dr. Cornell moved to file the report. The motion was seconded by Mr. Wheeler and adopted. BUDGET-COMPENSATION BOARD: The City Clerk presented notices of awards by the State Compensation Board for salaries and expenses for the year 19bi for the offices of theCommissioner of the Revenue. City-Treasurer. Commonwealth's Attorney and City Sergeant. Mr. Mheeler moved to file the reports for consideration along with the 1961 budget. ~he motion was seconded by Mr. Young and adopted. WATER DEPARTMENT: The City Clerk presented fl communication from Mr. H. Thompson, 205 Elm Avenue, $. Wu, complaining of an alleged excess water bill dated March 15, 1960, and of the treatment he bas received from the Water Department concerning his request for adjustment of the bill and for installation of a new meter. Mr. Young moved to refer the matter to the City Manager for an investiga- tion and report. The motion sas seconded by Dr. Cornell and adopted. :1.67 AIRPORT:* The City Clerk presented notices of motions of the Roangke Chamber of Commerce, Incorporated, to the Civil Aeronautics floard to dismiss the petition of American Airlines, Incorporated, for termination or suspension of its authority to serve Roanoke; to expand the proceedings to include an Adequacy of Service Investigation; and to amend the motion to expand the proceedings to include an Adequacy of Service Investigation. Mr. Webber moved to file the notices. The notion was seconded by Mr. Wheeler. Wro Dillard offered a substitute motion to direct the City Attorney to prepare a Resolution directing the proper city officials to Join with the Chamber of Commerce and intervene in the proceedings before the Civil Aeronautics Roard. The motion was seconded by Dr. Coroell and lost. Messrs. Pcll ard, Webber, Wheeler. Young, and the Mayor voting no. Mr. Rebber*$ original motion was then adopted. BUDGET-SCBOOLS: The City Clerk presented a communication from the Roa- noke City School Board, requesting transfers of certain funds in its 1960 School Budget to adjust said budget to actual operating expenses. Mr. Wheeler moved to concur in the request and offered the following emergency Ordinance: (~14277) AN ORDINANCE to amend and reordain Section ~120, 'Schools,' and Section ~144, "Departmental Equipment and Improvements,' of the 19§0 Appropria- tion Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 316.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Webber, Wheeler, Young, and the Presi- dent. Mr. Anderson ........................... NAYS: Mr. Dillard ................. SEWERS AND STORM DRAINS: The City Clerk presented a Resolution of the Council of the Town of Salem, requestin9 that the contract of Octoberlb, 1953, between the City of Roanoke and the Toun of Salem, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 5-acre tract of ~and lying in the County of Roanoke on the east side Of State Route 643, approximately BOO feet north of U. S. Route 11. Mr. Wheeler moved to refer the request to a committee composed of Messrs. Roy Lo Webber. Chairman, Walter L. Young, Arthur 5.0wens and Randolph D. Whittle for study and recommendation. The motion was seconded by Mr. Young and adopted. Messrs. Cornell and Dillard voting no. REPORTS OF OFFICERS: BUDGET-AIRPORT: The City Manager requested a transfer of $400°00 from ii Supplies in the Airport account to UDepartmental Equipment and Improvementsn of the 1960 budget to pay the cost of an underground conduit between the TerminaI Building and Building #1 at the Municipal Airport in connection with the instal- lation of lights on the parking lot. Mr, Young moved toconcur in the request and offered the follomiog emerge~ (814278) AN ORDINANCE to amend and reordain Section #Hfl, 'Airport,' and Section 81440 'Departmental Equipment and I8provements,' of the 1960 Appropriation Ordl8ance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 24, page 317,) Mr, Young moved the ado~tion of the Ordinance. The motion mas seconded by Hr. #heeler and adopted by the follouing vote: AYES: Bessrs. Hornell, Pollard, ~ebber, Nheeler, Young, and the Presi- dent. Mr. Anderson ................ 6, NAYS: Rt. Dillard ......1, BUDGET-JUVENXLE DEYENTION DOME: The City Banager requested a transfer of $100.00 from Supplies to Salary, Extra Itelp in the Juvenile Detention Home account of the 1960 budget. Br. Nheeler moved to concur in the request and offered the followin9 emergency Ordinance; (~14279) AN ORDINANCE to amend and reordain Section ~31, 'Juvenile Deten'tion Home,= of the 1960 Appropriation Ordinance, and providing for an emergency (For full text of Ordinance. see Ordinance Hook No. 24. page 310.) Hr. ~heeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Pollard, #ebber, ~heeler, Young. and the Presi- dent. Mr. Anderson ................... 6. NAYS: Mr. Dillard .........1. BUDGET-JUVENILE DETENTION HO~fl~: The City Manager requested a transfer of $S00.00 from Supplies to Food Supplies in the Juvenile Detention Hone account of the 1960 budget. Mr. Pollard moved to concur in the request and offered the following emergency Ordinance: (~14280) AN ORDINANCE to amend and reordain Section ~31. 'Juvenile Detention Home,~ of the 1960 Appropriation Ordinance, and providing for an emergency (For full text Of Ordinance. see Ordinance Book No. 24, page 3lO.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Pollard, Mebber, Nheeler, Young, and the President. Mr. Anderson ........................................... NAYS: Messrs. Cornell and Dillard ....... Dr. Cornell stated that he has been advised that spoiled foods have been delivered to the Detention Home by vendors and have been thrown out by employees of the Detention Home rather than refusing to accept them or returning then to the vendor. The City Manager advised be has not heard of this but will investigate. 169 170 OUDGET-STRE£T LIGHTS: The City Manager reqnented an appropriation of $1,000.00 to Street Lights in the lgGO budget. Mr. Wheeler moyed to conour In the rqquest and offered tbe following emergency Ordinance: (u14201) AN ORDINANCE to amend and reordain Section un4, 'Street Lighting.' of the lqGO Appropriation Ordinance, and providing tot aa emergency. (For fall text of Ordinance, see Ordinance Hook No. 24, page 3lq.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mrs Young and adopted by the following vote: AYES: Messrso Corneil, Pollard, Webber, Mheeler, Young, and the Presi- dent. Mr. Anderson .............. NAYS: Mr. Dillard ......1. AIRPORT: The City Manager requested that Council, by Resolution, amend the contract Of May 16, 1960, between the City of Roanoke and Piedmont Aviation, Incorporated, dealing with the erection of a hangar at the Municipal Airport and leasing thereof to the said Piedmont Aviation, Incorporated, and also providing for amendement to the contract of J. F. Barhour and Sons, for the construction of said hangar, for two change orders totalin9 $5,415.30. Mr. Nheeler moved to concur in the request and offered the following Resolution: (=14282) A RESOLUTION amending the contract of May 16, 1960. between the City of Roanoke and Piedmont Aviation, Incorporated. (For full text of Resolution. see Resolution Book No. 24, page 319.) Hr. Rheeler moved the adoption of the Resolution. The motion was seconde( by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler, Yeung,.and the President, Mr. Anderson .............. NAYS: None ................ Mr. Wheeler then offered the following emergency Ordinance appropriating necessary funds for the change orders: (:14283) AN ORDINANCE appropriating $5,415.30 from the Water Replacement Reserve Account, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 320.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ......... NAYS: None ........... STATE HIGHWAYS: The City Manager reported that Mr. Luther S. Shepherd, et al.. have agreed to convey to the city a certain parcel of land needed for right of way in connection with improvements to Virginia State Highway No. 117. at a total consideration of $260.00, and recommended that Council authorize acquisition thereof Mr. Wheeler aoved to concur in the request and offered the following emergency Ordinance: (a14204) AN OROIWAWCE authorizing and directing the acquisition from Lather S, Shepherd. et als.. of a certain 1757 square foot parcel of land on the north side or Tennessee Avenue. W, M** upon certain terms and conditions: providing for the payment of the purchase price therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Dook Wu, 24, page 321,) Mr. Wheeler moved the adoption of the Ordinance, The motion was seconded bE Mr. Webber and adopted by the following rote: AYES: Messrs. Cornell, Dillard, Pollard, ~ebber, Mheeler. Young, and the President, Mr. Anderson ........... WAYS: None .............O. Mr, Wheeler then offered the foliowin9 emergency Ordinance appropriating necessary funds for acquisition of the property: (~1420S) AN ORDINANCE to amend and reordain Section al40, uStreet Con- struction,' of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dook Wu. 24. page 322.) Wt. Wheeler movnd the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following rote: AYES: Messrs, Co£nell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .............. WAYS: None ................O. BUDGET-WATER DEPARTMENT-sTATE HIGHWAYS: The City Manager requeste~ an appropriation of $3,000.00 to pay for the cost of engineering fees in connection with the relocation of a 36-inch reinforced concrete transmission water main from Carvins Cove where it crosses the right of way for Interstate Route 01, the City Manager advising that the relocation will be accomplished by the State Dighway Department at its own expense and that the State ~tghway Department will also reimburse the city for the $3,000.00 paid for engineering costs. Mr. Webber moved to refer the matter to the City Attorney for preparation of the necessary Ordinance appropriating the funds and authorizing an agreement between the Department Of Highways and the city, providing for the relocation of the main and the payment Of the cost thereof. The motion was seconded by Mr. Wheeler and adopted. GASOLIne: The City Manager presented a tabulation Of bids receJred by the Purchasing Department for furnishing the city*s automotive gasoline requirements for the year Ir61, showing the bid of Pure Oil Company as low, and recommended ac- ceptance thereof. DF. Cornell moved to concur ~n the recommendation and offered the follow- ing Resolution: (=1428b) A RESOLUTION accepting the proposal of The Pure Oil Company for furnishing regular and premium gasoline to the rarious City departments for ~72 the calendar year 1961; and rejecting all other bids including that of American Oil Company, uhlcb company*s bid was,Ion rot furnishing regular gasoline to the City Garage. ~ (For full text of Resolution, see Resolution Book No. 24, page 323,) Dr, Cornell moved the adoption of the Resolution. The motion was second- ed by Mr. #heeler and adopted by the following vote: AY£S: Hessrs. Coroell, Dillard, Pollard, Nebber. Nheeler, Young. and the President. #r. Anderson .............. 7~ NAYS: None ....................O. LEGISLATION-TAXES: The City Attorney reported that due to changes lB the Code of Virginia enacted by the 1960 Session of the General Assembly it is necessar to amend certain provisions of Title VI, Chapter 1, uf The Code of the City of Roanoke, 1956. relating to the tax on real estate and tangible personal propertiese and Title VI, Chapter 4, of The Code of the City of Roanoke. 1956, relating to the tax on bank stocks, in order to conform to the provisions of t~ state law governing the same. and presented two Ordinances providing for such amendments. Mr. Pollard offered the following emergency Ordinance amendin9 Chapter 4, relating to the tax on bank stocks: (=142~?) AN ORDINANCE amending certain sections of Chapter 4. Title ¥I. of The Code of the City of Roanoke, 1956. relating to the tax on bank stock, to-wit~ (For full text of OrdinanCe, see Ordinance Book No. 24, page 324°) NAYS: None ................O. (=14288) AN ORDINANCE a~ending and reordainJng Sec. ] of Chapter l, (For full text of Ordinance, see Ordinance Book No. 24, page 325°) I) REPORTS OF COMMITTEES: SALARY AND NAGE PLAN: Council having previously referred to a committee composed of Mewsrs. Roy L. Webber, Chairman, Willis M. Anderson. Walter L. Young, Arthur S. Omens. J, Robert Thomas, J. P. Cruickshank and E. N. Rushton certain proposals heretofore received by it for changes in the Salary and Wage Plan and the question of amending same, the committee submitted its report, along with a pro- )osed amended Pay Plan, uhich it advised uJll provide for: 1. An increase of five to six per cent in salary ranges. 2, Placing all regular employees on a salary basis making them eligible for certain state insurance program bono- fits. 3, Reclassification of certain positions for which job descriptions and duties have changed. 4. Classification of new positions approved by the Council. 5. An addition pay rake for members of the police and fire forces. Orderly ingrade increases in salaries of executives on the sane basis as prevails for other employees except that the City Manager Is eliminated from the plan. The committee further reported that the Commonwealth of Virginia has es- tablished an insurance program under the supervision of tho State Supplemental Retirement System, which is available to all regular employees of political sub- divisions of the state who are on a salary, with life insurance coverage of $1,000.00 for each one thousand or fractional part thereof of an employee's salary, including double indemnity and dismemberment clauses, at a monthly premium of seventy-two cents per one thousand dollars of insurance, the employee paying sixty cents of this premium and the employer paying the remaining twelve cents, plus an administrative charge of $1.50 per annum on each employee who accepts insurance under the program; that at retirement premiums cease and the employee*s insurance loses its double indemnity and dismemberment features; also, the basic insurance reduces 2~ monthly until 75% reduction has been effected, leavin9 one fourth of the life insurance in effect until death; and that the cost of this program to the city ~ould be $11,300.00 per annum, segregated to the General Fund, Sg,2OO. Og; School Fund, 9800.00; Water Fund, $1,050,00; and Sewage Treatment Fund, $250.00. The committee recommended that in view of the benefltsto employees contain ed in the revised plan as submitted, increases in the Council control rates for 1961 be denied, and that the amended Pay Plan and a Resolution providing for the in- surance coverage as o=tlined in its report be adopted. Mr. Nheeler moved to file the report for consideration along ~ith the lg61 budget. The motion mas seconded by Mr. Young. Mr. Olllard moved to amend the motion to provide a ten dollar per month increase for all employees earning five thousand dollars per annum or less, such raises to be included in the 1961 budget at the next budget study session. The motion to amend was seconded by Dr. Cornell and lost, Messrs. Pollard, Webber, Nheeler, Young and the Mayor voting no. 1'73 Hr. Mheeler's motion was then adoptedo'Mr, Dillard voting no. UNFINISHED BUSINESS: TRAFFIC: Coencil at itu meeting of December 12, 1960, having tabled until its next regular meeting a report of the City Manager, recommending denial of a request of Mr. A. F, Magnet for installation of a traffic control signal at the ntersection of Orange Avenue and Seventeenth Street, N, ~,, the matter was again before the body. Mr, ~agner appeared before Council and stated that the light at Seventeent Street and Orange.Avenue is needed to protect school children crossing the street at this point, Upon being advised that the Superintendent of Traffic Engineering and Com- ilmunications has stated in his report that he will later recommend the installation !iof a light at Sixteenth Street and Orange Avenue, Mr. Wagner stated that this . iilight would ansuer his request and solve the problem If a sidewalk is constructed !!on the north side of Orange Avenue, N. W.'. between Sixteenth Street and Seventeenth i!street, so that school children using Seventeenth Street could use that sidewalk iiit ..... he ight at Sixte at S~r e~- ~ Y un htMr.lRheelermovedetohfileethereport, Themoti .......... dedby#r, o ~ !and adopted, Messrs. Cornell and Dillard voting no. ROUSING-SLUM CLEARANCE: A report of the City Planning Commission on the !request of the City of Roanoke Redevelopment and Dousin9 ~uthority for amendment to ~!the Redevelopment Plan of the Commonwealth Project area, and the request of resi- !!dents of the area that Council take necessary action to assure delivery of deeds !ltd then for property upon which they hold contracts to purchase, havin9 been lald over from previous meetings of Council, were again before the body. Council was advised that representatives of the Housing Authority and the !residents of the area are attempting to reach a solution to their problems and that !!the matter undoubtedly again will come before the body after these negotiations. After some, discussion. Mr. Webber moved to table the matter. The motion was seconded by Mr. Wheeler and adopted. CONS IDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION O~ ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 1426T, vacating, discontinuing and 'closin9 portions of Shenandoah Valley Avenue, N. E., and Kanter Road, N. E., having ilpreriously 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 i!final adoption; [ (~14267) AN ORDINANCE enacted pursuant to the provisions of Section 15-76 ilof the Code Of Virginia (1950). as amended to date. providing for the approval by il he Council of the City of Roanoke, Virginia, of an instrument vacating, discontinu- [ipoJnt 100 feet south of Kanter Road southerly to Tract 4-A of the Revised Union Stack- i lyards Corporation Map, and that portion of Kanter Road, N. E.. extending from Shen- iandoah Valley Avenue eastuardly to the Norfolk and Restern Railway right Of way, l!which were originally shoun on the Map of Laurel Terrace. (For full text~f Ordi ......... Ordi ..... Book No. 24 page 313.) · Mr, Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr, Young and adopted by the followin9 rote: AYES= ResSr$o Cornell, Dillard, Pollard. Webber° Wheeler, Young~ and the President° Mr. Anderson ............ ?, NAYS: None ..............O, PENSIONS-CITY SERGEANT: Ordinance No. 14275, aaendin9 and reordnining subsection 10 of Section I and Section ? of the Employees' Retirement System of the City of Roanoke. in order to permit Mr. Kermit E. Allmano City Sergeanto to retain his membership in said system, hadn9 previously been before Council for its first reading, read and laid over, was again before the body, Mr. Young offering the lowing for its second rending and final adoption: (~14275) AN ORDINANCE to amend and reordain subsection (10} of Section I and Section 7 of the Employees* Retirement System Of the City Of Roanoke. (For full text of Ordinance, see Ordinance Book No. 24, page 315.) Mr. Young moved the adop[ion of ~he Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, ~heeler, Young, and the President, Mr. Anderson .............. NAYS: None ................O, BONDS-MUNICIPAL AUDITORIUM: Council at its meeting of December 12. ig60. having laid over until its next regular meeting a proposed Ordinance to provide for the issue of general obligation bonds of the City of Roanoke not to exceed Two Million Dollars to provide for a nee municipal auditorium, the matter was again before the body. Mr. Pollard again stated that he is not clear as to the type of auditoriuml proposed to be constructed; that he is still convinced that the theatre type audi- torium is too limited in scope, and he feels that the matter should be restudied before action is taken bY Council, After a general discussion of the matter, Mr. W~bhir'moved to lay the pro- posed Ordinance over for consideration at the regular meeting of January 9, The motion was seconded by Mr. Pollard and adopted. Mr. Wheeler then moved to request the Director of Planning, who is studying the various types of auditoria in use in the country, to meet ~ith Council as soon as hisstudy is available. The motion Has seconded by Dr. Cornell nod adopted. Mr. Young stated that he has been advised that certain fire regulations of the state would have an effect upon the type Of seating to he used Jn such an audi- torium and moved to direct the City Attorney to furnish Council an opinion, based upon the state fire laws~ on the question of requirements for seats in buildings such as the proposed municipal auditorium. The motion was seconded ~y Mr. Pollard and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. I ~T~ APPROVED A ,175 1'.76 COUNCIL, REGULAR MEETING. Tuesday, December 27, lO&O, The Council of the City of Roanoke met ia regular meeting in the Council* Chamber in the Municipal Building, Tuesday, December 27, 1960, ut 2:00 o'clock, p. m,. the regular meeting hour. mith the President, Meg Anderson presiding. PRESENT: Messes, Corneal, Dillard. Pollard, #ebber, Mheeler, Young, and the President, He. Anderson .... ?. ABSENT: None ............ O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph G. Mhittle, 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 U. Blaflchard, Pastor, Melrose Pentecostal Church. HEARING OF CITIZENS UPON PUDLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a communication from Diamond Plastics Industries, Incorporated. requesting that a 15.436-acre tract of land lying on the east side of Uollins Road. N. E., between the property of the said corporation and the northern city limits line, designated as a portion of Official Tax No. 3300101, be rezoned from General Residence District to Light Industrial District. Mr. Young moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Mheeler and adopted. REPORTS OF OFFICERS: BUDGET-ANNEXATION: The City Manager requested an appropriation of $2,629.fl7 for the purpose of paying the accounts of Messrs. Marcus A. Bieler, in the amount of $218.50, and Samuel B. Williams, Attorney. in the amount of $2,411.3] in connection with the annexation proceedings. Mr. Wheeler moved to concur in the request and offered the following emergency Ordinance: (=14289) AN ORDINANCE to amend and reordain Section ~155, *Annexation," of the 1960 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 327.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adapted by the following vote: AYES: Messrs. Cornell, Pollard, Webber, Wheeler. Young. and the President, Mr. Anderson ......... NAYS: Mr. Dillard ....1. BUDGET-SINKING FUND: The City Manager requested an appropriation of $1,532.10 to the Sinking Fund, advising that the amount is needed, along with the remaining assets in the Sinking Fund and funds received from the sale of $280,000.0( of Refunding Bonds. to retire $300,000.00 'of bonds due on January 1. 1961. Mr.' Young moved to concur la the request smd offered the folloming emergency Ordinance: (814290) AN ORDINANCE to amend and reordain Section si61, 'Sinking Fund Contribution for Bond Redemption,w of the 1960 Appropriation Ordinance, and providing for an emergency. ; (For full text of Ordinance, see Ordinonce Rook No. 24. page 328.) Mr. Young moved the adoption of the Ordinance. The motion mas secooded by Mr. Wheeler and adopted by the following vote: AYES: Ressrs. Cornell, Olllard. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson---?. WAYS: None .............O. STREETS AND ALLEYS~SIDEMALR. CURB AND CUTTER: The City Manager reported that Mr. John A. Willard. et ax., hare agreed to convey to the city a strip of land approximately 150 feet in length along the side of their property located on the southeast 'corner of Fleming Avenue and Oliver Road. for widening Of Fleming Avenue, in exchange for construction of concrete curb and gutter and street paving, and recommended that Council authorize acquisition of the property. Mr. Wheeler moved to concur in the request and'offered the following emergency Ordinance: (n14291) AN ORDINANCE authorizing and directin9 the acquisition from John A, Willard and Juanita L, Nlllard of a certain 798 square foot parcel of.land necessary for the widening of a portion of Fleming Avenue, N. S., east of Oliver Road, upon certain terms and conditionsl and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 32Ro) Mr, Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr, Pollard and adopted by the follomlflg vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the'President. Mr. Anderson ..... 7. NAYS: None ...........O. SEWERS AND STORM DRAIWS: The City Manager reported that Rea Construction Company has completed all the work under its contract for additions to the Sewage Treatment Plant. with the exception of some modifications to equipment to be completed by one of its subcontractors, and Alvord. Rurdick and Howson, Consulting Engineers for the project, have recommended that the retainer under Rea Construc- tion Company*s contract be reduced from 15 to 5 per cent, the City Manager concurring in the recommendation since the city is adequately covered by a contractotts performance bond. ~ Mr, Young moved to concur in the request and offered the following Resolution: (n14292) A RESOLUTION authorizing the reduction of Rea Construction Company*s retainer from 15 per cent to 5 per cent. (For full text of Resolution. see Resolution Book No. 24, page 330.) '1.'7.,? Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr.'Mbeeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, Wheele~o Young. and the President. Mr. Anderson ..... NAYS: None ........... O, CITY JAIL: The City Manager reported that pursuant to a directive of Council at its meeting of December 12. 1960. he has investigated the discrepancy in'estimates of damages caused to the City Jail by federal prisoner Charles A. Stemart for which a claim in the amount of $3,8B2.00 was filed with the Federal Bureau of Prisons in March, 1960. while on December 5, 1960, City Sergeant, Kermit E. Allman advised Council that damages done by federal prisoner Stewart to the City Jail amounted t~ only $150.00, and advised that the discrepancy wes apparently doe to an error; that the figure of $150.00 quoted by Mr. Allnsn was apparently correct, and that he can findno official records ~iving credence to the $3.682.00 damage which was given wide publicity at the time of the attempted Jail break. Mr. Dillard moved to direct the City Manager to write a letter of apology to the Federal Bureau of Prisons with which the claim mas filed. There being no second, the motion mas lost. Hr. Pollard moved to file the City Mansger*s report. The motion was seconded by Mr. Wheeler and adopted, Mr. Dillard voting no. SIGNS-CITY PROPERTY: The City Manager reported that after a:careful study of the request of Mack Aherou Advertising Agency for permission to erect a billboard sign on city-owned property located at Bidvale Avenue and Thirteenth Street, $. W., adjacent to the eastern end of Memorial Bridge, which will require leasing t6 the said agency a tract of land 14 feet in l~ngth and 4 feet in depth for that purpose, he cannot recommend granting the request since it. will establish a 9recedent inimical to the. present city policy and will create a potential traffic hazard. Mr. Wheeler moved to concur in the report of the City Manager and deny the request. The motion was seconded by Mr. Young and adopted. WATER DEPARTMENT: The City Manager reported that he has investigated the request of Moodlond Bills Corporation that the city provide a right of may in which the corporation may construct a water line to connect its subdivision, lying in Roanoke County adjacent to the southern corporate limits of the city, to the city*s present mater main located in Peakwood Drive. a distance of approxi- mately 100 feet; that to comply with the request of the petitioner will require the city to condemn a right of way across property owned by Mr. C. I. Francis, Jr.; that in his opinion the problem is a matter, to be settled between the two businessel involved in private enterprise; that the use of the cityts power of eminent domain to condemn the property of one person for the use of another will exceed the intent or th~ Ina; thct he has conferred mith Ressrs, Romard E, Sigmas, President of Hoodlnod Rills Corporation, and C, H. Frnnics. Jr** ia an attempt to reach a solution to the matter; and that apparently the two gentlemen cannot agree upon n p~ice for the right of may desired. Hr. Sigmas appeared before Council and stated that he has been negotiat- ing with Hr. Francis over a period of zany nonths for the right of uny needed; that the final offer made by R~. Francis for the right of may he requires is the equivalent of $25,000.00 mhich he considers excessive; that the alternative to securing the right of may is the construction of a private mater system rot his subdivision. Hr. Sigmas calling Couccil*s attention to the statement contaioed in his original communication that his corporation contenplates, on its own initiative, petitioning to be annexed into the City of Roanoke and reqoesting that Council advise uhether or not it desires the subdivision in the city corporate limits. Mr. Sigzon mas advised that the matter of petitioning the court for annexation of the subdivision to the City of Roanoke is up to the owners thereof. Br. Hheeler moved to lay the matter over for consideration at the next regular meeting of Council and to notify Mr. Francis of this action ~ order to afford him an opportunity to be present and heard in the matter. The motion was seconded by Hr. Dillard and adopted. BONDS-MUNICIPAL AUDITORIUM: Council at its meeting of December 1960. having directed the City Attorney to furnish it an opinion, based upon the 'state fire lams and regulations, on the question of requirements for seats in buildings Such as a municipal auditorium, the City Attorney presented his opinion. a~vising that the Virginia Fire Safety Regulations provide that, "In Places of - Assembly used regularly for theatrical, operatic or similar performances, or for the display of motion pictures, the seats, except in boxes or loges not exceeding 60 square feet in area, shall be fixed and shall be separated by arms** but that fixed seats are not required in other places of assembly, which, of course. includes multipurpose places of assembly, however, they do . contain enumerable rules designed to protect persons fully in attendance at all such places of public assembly; that Section 319 of the Building Code of the City of Roanok~ likewise governs construction, seating arrangement, aisles, railings, etc., in places of assembly, theatres and motion picture theatres; and that it is impossible to answer the question.posed without knowing the purpose and design of the place of assembly. Mr. Young moved to file the opinion. The motion was seconded by Mr. Hheeler and adopted. CONSIDERAIIO~ O[ CLAIMS: NONE. . INTRODUCTION AND CONSID~RA R : LICENSES: Council at its meeting of October 3, 1960. having directed thei] preparation of an Ordinance to provide for regulation of distress merchant sales, Mr. Hebber offered the following Ordinance: ,18.0 (s14293) AN ORDINANCE to auend end reordain Chapter 3. 'Bankrupt, Fire and Closing-Out Sales*' of Title RI, *Businesses and Occupations* of The Code of the City of Roanoke, 1956. BE IT ORDAINED by the Council of the City of Roanoke that Chapter 3. *Bankrupt, Fire and Closing-Out Sales* of Title IX. *Businesses and Occupations* of The Code of the City,of Roanoke, 1956, be, and said chspter is hereby, auended and reordained so as to read and provide as 'follows: Sec. 1. D?~lnltions. For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein, Nhen not inconsistent with the context, words used in the present tense include'the future, words in the plural number include the singular number, and words in the singular number include the plural hauber. The word 'shall" is always mandatory and not merely directory. (1) 'City" is the City of Roanoke. (2) 'Commissioner' is the commissioner of the revenue of the City of Roanoke or his deputy or lawful agent. (al *Fire and other altered goods sale* is a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means. (4) *Going-out-of-business sale" is a sale held out in such a manner as to reasonably cause the public to be- lieve that upon the disposal of the stock of goods on hand the business will cease and be discontinued, including but not limited to the following sales:* adjuster's; adjustment; alteration; assignee's; bankrupt; benefit of administrator's; benefit of creditors*; benefit of trustees; building coming down; closing; creditor's committeel creditorts; eed; executor's; final days; forced out; forced out of business; insolvents'; last days;;lease expires; liquidation; loss of lease; mortgage sale; receiver*s; trustee's; quitting business. (5) *Goods* is meant to include any goods, wares merchandise or other property capable o-f being the object of a sale regulated hereunder. (6) *Person' is any person, firm, partnership, association, corporation, company or-organization of any kind. (?) *Removal of business sale* is a sale held out ia such a manner ~ to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon dis- posal of the stock of goods on hand and will then mqve to and resume business at a new location In the City or will then continue business from other existing locations in the City. Sec, ~. License re,unFed. . A license issued by the commissioner shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following kinds: (1) going-out-of-business sale: (2) removal of business sale; and (31 fire and other altered stock sale. (Al Provisions supplement License Tax Code of City. The provisions of this chapter are intended to augment and ge in addiiion to the provisions of the License Tax Code of this City. Where this chapter imposes a greater restriction upon persons, premises, businesses, or prac- 'tices than is imposed by the License Tax Code of this City this chapter shall control. : (B) Establish business requisite. Any person who has not been the owner of a business advertised or de- scribed in the application for a license hereunder for a period of at lease six months prior to the date of the proposed sale shall not be granted a license. (1) Exceptio· for survivors of b·sl·esssen. Upa· the de·th of · person dol·g buslaessJn this' City his or her heirs, devisees or legatees shall have the right ~upply at any time for a lice·se hereunder. (C) I·terval between sales. Any perso· who has held a sale, us regulated hereu·der, at the loc·tin· stated in the application, mlthla one year last past from the date of such application shall not be granted a lice·se. (DJ Restricted location, Where a person applying ' for a lice·se hereu·der operates sore th·· one place of busi·ess the lice·se issued shall apply only to the one store, or bra·ch specified in the applicatio· and no other store or bra·ch shall advertise or represe·t that it is co-operating with it. or in any way participating in the licensed sale. nor shall the stere or branch conducting the licensed sale advertise or represent that any other store or branch is co-operating with it or participating in any way in the licensed sale. (E) Persons exempted. The provisions of this chapter shall not apply to or effect the following (1) Persons acting pursuant to aa order or process of a court, of competent Jurisdiction; (2) Persons acting in accordance with their pomers and duties ss public officials; {3) Duly licensed auctioneers, selling at auctions .(4) Persons conducting a sale of the type regulated herein on the effective date of this chapter, unless such sale is continued for a period of more than thirty days from and after such effective date, in which event, such per- son, at the lapse of the said thirty-day period. shall comply with tho prorisions of this chapter; (5) Any publisher or operator of a newspaper, magazine, radio, television or other advertising media, who publishes in good faith, without knowledge of its false, deceptive or misleading character, or without hnomledge that the provi- sions of this chapter have not been complied with. Sec~ 4. Application requirements. (Al #ritten.information required. A perso· desiring to conduct a sale regulated by this chapter shall mate a written application to the commissioner setting forth and containing the following information: (1) The true ·ama and address of the owner of the goods to be the object of the sale; (2) The true name and address of the person from whom he purchased the goods to be sold and the price therefor, and if.not purchased, the ma·net of such acquisition; (3) A description of the place where such sale is to be held; (4iThe nature Of the Occupancy, whether by lease or sublease and the effective date of termi= nation of such occupancy; (5) The dates of the period of time in which the sale is to be conducted; (6} A full and complete statement of the facts in regard to the sale. including the reason for the urgent and expeditious disposal of goods thereby ' and the manner in which the sale will-be conducted; '.181 182 (7) The weans to be ewployed hiadsertislng such sale together with the proposed content of sny:edverttseweut{ :r ' (G) A complete end detailed inventory of the. goods to be sold ut such sale ns disclosed by the applicaat**s records, Said inventory shall be at- tacked to and become part of the required applies- (a} Bona fide o~ders, All goods included in such inventory shall bare been purchased by the applicant for resale on bona fide orders without concellation privileges and shall not comprise goods purchased on con- (b) Goods purchased for sale hereunder, Such inventory shall not include goods ordered in contemplation of conducting u sale regulated hereunder. Any unusual pur- chase, or additions to the stock or goods of the business hereby affected within ninety days before the filing of an appli- cation hereunder shall be deemed to be Of (B) License fees. (1) If, within one month after the close of the year for which .all required City licenses hare been paid, a person holding such licenses should elect not to renew them, but desires the privilege of selling whatever goods he may have had on hand January 1. such person, upon submitting his appli- cation to the commissioner, shall pay a license tax of $55,00 plus 55 cents on each $100,00 of the January 1 and shown on the complete and detailed inventory required by Section 4 (0), supra, (2) (nj Any person applying for a license to conduct any sale contemplated h'erein that will be completely concluded prior to midnight December and has paid all lawful license taxes required of will be completely concluded, shall, upon submitting his application to, the commissioner, pay a license fee of $10,00, (b) Any such person, as is described in para- gr a'p~- (2) (a) above, applying for a renewal license hereunder that shall expire on or before midnight December 31 shall submit to the commissioner with . his renewal application a renewal license fee of $7.50. (c) Rhere any sale contemplated herein commences in the latter part of one calendar year and extends into the early:part of the following calendar year. the license tax for that portion extending into new calendar year shall be based upon Section (B) (1), SecT S. R~fect of license. ; (A) A license shall be issued hereunder on the following (1) Licensing period, The license shall authorize the sale described in the application for a period of legal holidays excluded, following the commencing date stated in the license. (a) Renewal procedure. The commissioner shall renew a license for one period of.tin~ only,. such period to be in addition to the sixty days 'permitted in' the original license and not to exceed sixty consecutive days, Sundays and holi- days excluded, when he finds: (a-l) That the licensee has filed an application for renewal; (n-2) That the lioensee his submitted with the application for renewal n revised inventory showing the lteas listed on the original inventory remsl·isg unsold end not listing nny goods not included in the original application and inventory. (u-2u) For the purpos, of this subsec- tion, any application for · license under the provisions of this chspter covering any goods previously inventoried as required hereduder, shall be deemed to be nn applica- tion for renewal, whether presented by the original spplicnnt, or by uny other person. (2i Nature of sale. The license shall authorize only the one type of sale described in the application at the location named therein. ~3) Sal~nble goods. The license shall authorize only the sale of goods described I'm the inventory attached to the application, (4) Surrender of general license, Upon being Issued a license hereunder for n going-out=of- business sale the licensee shall surrender to the. commissioner all other business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this chnpter. (5) Non-transferability. Any license herein pro- vided for shall not.be assignable OF transferable. Sec. 6. Duties of licensee. (A) A licensee hereunder shall: (1) Adhere to inventory. Hake no additions whatsoever, during the period of the licensed sal~, to the stock of goods,set forth in the in- ventory attached to the application for license. (2) Advertise properly. Refrain from employing any u~true, deceptive or misleading advertising. (3) Adhere to advertising. Couduct the licensed sale Jn strict conformity with any advertising or holding out incident thereto. (4) Keep duplicate inventory. Keep available at the place of sale a duplicate copy of the inventory submitted with the application,and present such duplicateto inspecting officials,upon request. · (5) Segregate non-inventoried goods. Keep any other goods separate and apart from the goods listed In the filed inventory as,being objects of-sale and shall make such distinction clear to the public by placing tags on nil inventoried goods in and about the place of sale apprising the public of the status of all such goods. Sec. ?. Penalties. Any person firm or corporation violating any of the previsions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500.00 or be imprisoned for a period not exceeding sixty days or be both so fined end imprisoned, Each day such violation is committed or permitted tp continue, shall'constitute a separate offense and shall be punishable as such hereunder. See. 8. Seoarsbilitv. If any ~ectino. snbsection, sentence, clause, phrase or portion of this chapter.is for any reason held Invalid or unconstitutional by any court of competent, jurisdiction. such portion shall be deemed n separate, distinct and in- dependent provision and such holding shall not affect the validity of the remaining portions hereof. 183 i8.'4' Hr. Webber moved the Ordioonce on its first rending. The motion was seconded by Mr. Wheeler nnd sd*pied by the following vote: AYES: Messrs. Oornell, Dillard, Pollard, Webber. Wheeler, Young. nnd the President. Hr, Anderson-~ .... NAYS: None ............ O. Hr. Young offered the following Ordinance: (a14294) AN ORDINANCE to amend end reordnio Section 85 of Chapter 8 of Title VI of The Code of the City Of R0anohe~ 1956, BE IT ORDAINED by the Council of the City of Roanoke that Section 85 of Chapter O Title VI Of The Code of the City of Roanoke, 1956, be, and said section is hereby, amended and reordained so as to read end provide as follows: Sect 85. Merchants. re*itl. Every person who, at a business, buys nnd sells goods, wares, merchandise or commodities, including foods and drinks, and all types and kinds of equipment, machines, provisions, supplies and other tangible personal property susceptible of sale, or who makes a business of renting, lending or otherwise temporarily . disposing of the same, for compensation, but who is not by this chapter expressly classified other than a merchant, shall be deemed to be a merchant. Likewise every person who, by anne other section of this chapter, is required to be licensed as a merchant, is hereby deemed to be a merchant. All merchants mbo sell at ~etail or to consumers, a'nd who are not classified as whole?ale merchants by the foil*ming section of this chapter, imposing a license tax on wholesale merchants, shall be deemed to be retail merchants. Every person engaged in busines~ as a retail merchant as herein defined shall pay a license tax of ...... ' .............. $55.00. Plus 55 cents on each $100.00 of the gross sales made in such business as the term #sales* is hereinafter defined in this section. The term "sales", as used.in this section, shall~ be deemed to be the gross receipts to such person re- suiting from all sales of goods, Mares, merchandise or commodities in ~aid business, whether collected ~r or not, including charges made by such person for repairs or alterations, financecharges, interest or any other service charge, transportation.charges and charges made as rentals for the use of goods, wares, merchandiser machines, equipment or other tangible personal property. 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 be as above set forth, except that so mnch thereof as is measured by the *sales* in said business shall be based upon the estimated or probable *soles" in said business from the date of commence- ment thereof to December thirty-first of that year. Any retail merchant may conduct the business of a wholesale merchant as defined in the following sec- tion of this chapter under such person's retail merchantt~ license, provided, the gross sales of such wholesale business are reported by such person as a measure Of the tax on such retail merchantts ~lcense. The license tax imposed by this section shall be in lieu of all city taxes upon the capital actually em- ployed by said merchant in said business. If a manufactmrer desires to sell, at n definite plane or store, or ut the place of manufacture, the : uhole or portion of the goods, meres and merchnndise Manufactured by him. or by~prodnctn of snob mnanfncture'r. 'ut retail only or to consumers and not for resale, then such manufacturer shall take out a retail merchnnt's license under this section for the privilege of making sack sales-. The amount of' the cit~ license tax is to be measured cot only by the amount of sales made by factured and so sold by him. but also by the goods. meres and merchandise purchased from others for resale. For the purpose of enforcing the license tax hereinabove Imposed nnd for the conduct and guidance of officials in the city and other persons affected'by this section, the provisions of Articles 6, ? and O. Chapter 7. of Title 50 of the lgSO Code of Virginia, as amended at the time of the passage of this chapter, are hereby adopted, except where the provisions, or a pro- vision, of said articles might be held to be inconsistent with this section, in mhich case or cases the provisions of this section shall prevail unless the sane be expressly Mr. Young moved the Ordinance on its first reading. The motion mas seconded by Mr, Mheeler and adopted by the folloming rote: AYES: Ressrs. Cornell. Dillard. Pollard, Webber. Mheelec. Young, and the President. Mr. Anderson ...... 7. HAYS: None ........... HUDSET-MATER DEPARTMENt-STATE HIGHWAYS: Council at its meeting of December IV. 1960 having directed the preparation of a Resolution providing for employment of AIvord. Hurdick and Homson to prepare the necessary engineering plans for relocation of a portion of the city's 36-inch mater transmission main from Cavvins Cove mhere it crosses the route of Interstate Highway No. BI, Young offered the following Resolution: (t14295) A RESOLUTION approving the employment of Alvord. Hurdick and Homson. Consultant £ngineers. to prepare plans and detailed estimates in connection with the alteration and protection of the City's 3~-inch transmission mater main necessitated because of the locating of Interstate Route SI over said main. (For full te~t of Resolution, see Resolution Book No. 24, page 330,) Mt. Young moved the adoption of the ResSlutton. The motion was seconded by Mr. Pollard and adopted by the following rote: AYES: Messrs. Cornell, Pollard. Webber. Wheeler. Young. and the President. Hr. Anderson .......... 0. NAYS: Mr. Dillard .... #UTIONS AND MISCELLANEOUS HUSINESS: JUVENILE DETENtIoN HOME: Dr. Cornell stated that in connection mitb the ~itT Manager's investigation of alleged irregularities at the Juvenile Detention Home, which mas directed by CounCil at its meeting of November 21. 1960. he has received a letter from the City Manager. requesting certain information, including of DF. Coroell's informants, specific dates amd occasions when employees drinking, names of supervisors who were forced to retire or resign, along math ther informationt that he mill ansmer the City Managevts letter, bdt mill not lye the names of his informants in the matter; that he does not consider the dates end occasions mhen employees eere drinking oecessory to the conduct o! the iovestigntioe; that he never sai~ that supervisors or other personnel were forced to resign, but tbat they did resig~ because o,r treatme&t received from their soperiors~ and t~at he thinks the City #ausger*s letter is unfair and not proper and designed to place him, Dr, Cornell, in m bad light~ flUDGETeCITF ERPLOVEK$: Nr, Dillard, stated that be ~isbes to amend bls previous proposal, for'u $10,00 per month raise to each city employee earning $5,000.00 or less for the 1961 budget year and moved to consider along uith the 1961 budget a raise of $20.00 per month for each city employee as a cost of living increase. The motion bas seconded by Mr. Webber and' ad~pted. There being'no further business, Council adjourned. APPROVED r! COUHCZL, REGULAR MEETING, Tuesday, January 3, 1961. The Council of the City of Roanoke Bet in regular meetiug in the Council Chamber in the Municipal Building. Tuesday, January 3, 1961, at 2:00 o'clock, p. m. the regular meeting bout; with the President, MF, Anderson. presiding, PRESENT: Messrs, Cornell. Dillard. Pollard, Webber. Nheeler. Young, and the President, Mr. Anderson ........ 7. ABSENT: Hone ............O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph G. Whittle, City Attorney, Hr. Harry R. Yates. City Auditor, and Mr. J. Robert Thomas. City Clerk. INVOCATIOH: The meeting mas opened mith a prayer by the Reverend Herbertl R. Moore, Pastor, ~esthampton Christian Church. MINUTES: Copies of the minutes of the regular meetings held on December 19. 1960. and December MT, 1960, having been furnished each member of Council, upon motion of Hr. Wheeler. seconded by Mr. Pollard and adopted, the reading mas dis- pensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: A public hearin9 having been continued from the meeting, of December 12. lq60, on the request of Mr. ~lllhm B. Draper. et al.. that portions of Indiana Avenue and Mohawk Avenue, ~. E., lying between Seventh Street and the Shenandoah Valley Division of the Norfolk and Nestern Railway Company. be permanently vacated, discontinued and clo~ed, and the City Planning Commission having been requested to clarify its previous report which is silent as to recom- mendation on the request concerning Mohawk Avenue, the City Planning Commission submitted a further report, advising that it recommends granting the request for closing of the portion of Mohawk Avenue concerned, but that it again recommends denial of th~ request for closing of a portion of Indiana Avenue for the reasons previously stated; that it is cognizant of the fact that Mr. Draper has plans to develop his property for industrial uses and that he is planning to extend railroad siding into his property; and that it has also been informed that the property wlllll he used in the immediate future for storage of steel in connection with the con- struction of Smith Mountain Dam, the City Planning Commission recommending that Council consider the possibility of granting a temporary permit for extension of a railroad siding on Mr. Draper's property crossing the right of way of Indiana Avenue, however, not forfeiting the right of way for said Indiana Avenue. Mr. John D. Copenhaver, Attorney for the petitioners, again appeared before Council and stated that insofar as he can determine there are no plans for the development of a crossing over ~he railroad at this point, either for the immediate or distant future, and that while his clients are requesting the closing of both the streets ~amed in the petition, if Council needs to provide a right of may for crossing over the railroad, in his opinion it can be accomplished more reasonably and at lesser cost on Mohawk Avenue than Indiana Avenue. 188 Aglin no Doe appeared in opposition to the reqaest. After some discussion, Br. Nheeler offered the followiog Ordinance: (s14296) AN ORDINANCR officlllly Ipproving the vacating, discontinuing ODd closing of on.easterly portion of Indiana Avenue, N. R.. end of Mohawk Avenue, N. E** in the City of Roanoke, lying between Tth Street, N. E., and the' Shenandoah Valley Division of the Norfolk and #astern Railroad, shown on the~wap of Deanwood Terrace, recorded in Deed Book 474° page 233, lo the Clerk*s Office of the Nustings Court of the City of Roanoke. WHEREAS, Rilllaw B. Draper, Lewis F. Draper, E~gor D. Nlnloger. Robert P. Nlniuger and the Norfolk & lestern Railway Company have heretofore exhibited to the City Council their written agreewent dated November 29, 1959. executed and acknowl- iedged in accordance with law, agreeing to perwanently vacate, discontinue and close iithat certain 253.g foot portion of Indiana Avenue, N. E.. shown on the nap of Dean- ,iwood Terrace. recorded in Deed Hook 474. page 233. in the Clerk's.Office of the !! Hustings Court of the City of Roanoke, as the easterlymost portion of · 30-foot wide ;street or strip of land north of and immediately adjacent to Block 3N as shown ,thereon, and to permanently vacate, close and discontinue that certain 250.12 foot portion of Rohawk Avenue, N. E,. shown on the aforesaid map as "Florida Avenue'. located between Blocks 38 and 31 as shown on said map; ,and WaEREAS, said agreement is executed by all the owners of properties !:abutting such portions of said streets as are proposed to b~ vacated; and WHEREAS, said agreement and proposal were referred by the Council to the ~City Planning Commission for stndy and recommendation and. by report dated November lB. 1960. the City Planning Commission has recoemended that the proposal for closing the portion of Indiana Avenue hereinabove described be denied, but imade no recommendation as to the proposed closing of a portion of Mohawk Avenue; and WHEREAS, a public hearing on the question of the proposed closing was held before the Council on the 12th day of December, 1960, after due and timely notice thereof published in The Roanoke Iorld-News, a newspaper of general circu- lation in the CiaI. at which hearing all parties in interest and citizens were ilafforded an opportunity to be heard on the proposal; and ,! RHEREAS, upon a consideration of all of the facts and circumstances and i~despite the report of the said Planning Commission. Council is of opinion that no i!inconventence would result to the public or to any Owner from the permanent closing of those portions of ~he stree~ proposed, and that the Council should approve the written agreement of the abutting owners consenting to such closing; and RHEREAS, the abutting owners have agreed to bear and defray the costs and expenses incident to the closing of the said streets. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council does hereby officially approve the permanent vacating, closing and discontin 3lng of that certain 253.9 foot portion of Indiana Avenue, N. E., shown on the map 'il of Deanwood Terrace, recorded ia Deed Boob 474, page 233, ia the Clerk's Office of the Bustings Court of the City of Roanoke, as the easterlymost portion of a 30*foot wide street or strip of land north of and immediately adjacent to Block 36 aa shown thereon, and to permanently vacate, close and discontinue that certain 250.12 foot portion of Mohawk Avenue. N. E., shown on the aforesaid map as *Florida Avenue#, located between Blocks 38 and 31 as shown on said map; and that said Council, further, approves-that certain written agreement dated November 29. lqSg, among Milliam B. Draper. et al., agreeing and consenting to such closing; the Council reserving, however, unto the City an easement to maintain and operate such public sewer lines, water lines, drains or other public utilities as may be presently installed in the portions of the streets herein authorized to be closed, and the right of ingress, egress and regress for the maintenance and repair thereof. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Bustings Court for the City of Roanoke, Virginia, for recordation at the expense of said abutting owners, aa attested copy of this Ordinance attached to the written agreement Of November 2g, 1959. aforesaid, and said Clerk shall make proper notation on the map Of Deanwood Terrace. recorded in Deed Rook 474. page 233. therein, and on all other maps or plats recorded in bis said office upon which are ShOWn the said streets herein permanently vacated, discontinued and closed as provided by law. BE IT FURTHER ORDAINED that, upon such recordation, the City Engineer be, and he is hereby, directed to mark "Permanently Vacated. Discontinued and Closed' the said streets above referred to on all maps and plats on file in the Office of the City Engineer Of the City Of Roanoke, Virginia, on which said maps and plats of the Council wherein this Ordinance shall be spread. Mr. Wheeler moved the Ordinance on its first reading. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler. and Young .... 6-ii NAYS: The President. Mr. Anderson ...................................... 1. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: WATER DEPARTMENT: Council at its meeting of December 19, 1960, having referred to the City Manager for investigation and report a communication of Mr. fl. S. Thompson. 205 Elm Avenue, S. W.. complaining that his water bill received on March 15, 1960, ia the amount Of $41.09, was approximately double his average bill over a period of years, and Isa complaining as to the treatment he received at the Water Department, the City Manager reported that an investigation Of Mr. Thompson*s complaint concerning his water bill. conducted at the time by the Water Department, revealed leaking flush tank valves in Hr. Thompson*s building, which was reported to him and subsequently corrected; and that thereafter a recording meter was installed On Mr. Thompson*s line which showed normal usage, the City Manager advising that in his opinion the water flow through the meter at Mr. lhompson*s property was accurately measured and the bill correctly rendered. :1'85 It appearing that #r. Thompson's water bill was approximately $13,00 higher than the average. Dr. Cornell moved to direct the City Attorney to prepare I Resolution authorizing a refund to Mr. Thompaon In the amount of $13.00. The motion uaw seconded by HF. Dillard and lost, Messrs. Webber, #heeler, Young, and the Mayor voting no. Mr. Wheeler moved to file the City Manager*$ report. The motion was seconded by Mr, Young end adopted, Dr, Cornell voting no. REPORTS; The City Manager submitted a report of the Department of Public Welfare for the month of November, 1960, and reported other departmental reports on file in his office. Mr. Wheeler moved to file the report. The motion was seconded by Mr. Young and adopted. REPORTS OF COMMITTF..ES: NONE. UNFINISHED BUSINESS: WATER DEPARTMENT: The request of Woodland Hills Corporation that the City of Roanoke provide a right of way from Peakwood Drive through the property of C. I. Francis, Jr., for a water connection from the city*s present water main to a new subdivision lying between Edgehill Estates and the Prospect Hills area in Roanoke County, baying been laid over from the previous meeting of Council. the matter was again before the body. Mr. C. W. Francis. Jr., owner of the property through which Woodland Hills Corporation desires a right of way. appeared before Council and stated that he has, in connection with development of the Peakwood Drive area, constructed a water pumping station on property which he owned and has also constructed water mains in his subdivision, ail of which have been given.to the City of Roanoke; that if any water connection through his property is given to Woodland Hills Cor- poration the Mater mill flow through the pumping station and mains constructed by him and he feels it onl'y fair that the nam subdivision owners should bear a iiportion of the expense he'has incurred in the construction thereof; that he has ii offered Mr. Slgmon, President of the Woodland Hills Corporation, a right Of way :!through the property for what he considers a fair remuneration; and that he has Imade an alternate offer to furnish a right of way for a street connecting the subdivisions which he considers to be a fair and equitable business proposition. Mr. Charles D. Fox. Ill. Attorney, and Mr. Howard E. Sigmon, President, Woodland Hills Corporation, appeared before Council and pointed out that the ICorporatlon is interested in securing city water to serve its new subdivision; that the use of city water was suggested by Mr. Raymond E. Pillow, Manager Of the Water Department of the City of Roanoke. who has worked out a plan for a water system to serve the area, Hr. Pillom, who was present at the meeting, confirming this statement and advising Council that he has also informed the Corporation that it wtil have to furnish a right of way for the main from the city*s present system to the subdivision mhicb will be acceptable to Council. Mr. H. Cletoa Broylea, City Engineer, also appeared and confirmed · statement by Mr. Fox that as City Engineer he mill not approve the subdivision map for Moodlsod Hills Corporation without · street being dedicated through its pro- perty to the city line at the point mhere it has reqoeated a mater connection, since he feels'that in the fntnre it mill be necessary to pot a through street to Peakwood Drive, Mr. Yebber stated that he believes this to be a matter between tm* business corporations which they can settle and moved to table the reqoest. The motion was seconded by Mr. Nheeler nod adopted. ZONING: Council at its meeting of November 21, 1960, having referred to the City Planning Commission for study and recommendation a petition of Mrs. Helen Eo Blankemeyer, requesting that her property located on the northeast corner of Nilliamson Road and Rhltney Avenue, N. W.. and designated as Lots 2, 30 4. 16, 17 and 16. Block fl, Airlee Court, be rezoned from Special Residence District to Business District, the City Planning Commission submitted its report, advising that the properties covered by the request are located between Wllliamson Road and Whitney Avenue, a street generally bounded by single family homes; that the Commission surveyed the area and found the houses ia the general neighborhood to be of good quality and in an excellent state Of repair; that no information is available to the Commission as to the intended commercial use of the property; that fourteen residents who own property on Whitney Avenue protested against the rezoning; that it has 'concluded the development of the property for commercial purposes will be detrimental to the adjacent homes; and that since no concrete de- velopment plans were available at the time it considered the matter, rezoning of the propertiesrequested is not advisable, the City Planning Commission recommend- ing denial of the request. Mr; George W. ~eed, Jr., Attorney for the petitioners, appeared before Council and stated that while opponents to the rezoning have apparently been able to appear before the City Planning Commission and submit their objections, neither he nor his clients knew Of the meeting when the Planning Commission considered the matter, and consequently have had no opportunity to present their plans or arguments to the Planning Commission, Mr. Reed requesting that the matter be sent back to the City Planning Commission for restudy at which time he will be able to present his clients* views in the matter. Dr. Cornell moved to refer the matter back to the City Planning Commission for restudy. The motion was seconded by Mr. Dillard and adopted. ZONING: Council at its meeting of December 12, lgGO, having referred to the City Planning Commission for study and recommendation a petition of Mr. $chlossberg that his property located on the south side of Melrose Avenue, N. west of Fairvlew Cemetery, being Lot 5 and parts of Lots 6, ? and 6, B. H. Markley Map, be rezoned from Business District to Light Industrial District, the City 19.1 192 Planning Commission subwltted its report, advising that the petitioner desires to sell his property to Nehi Bottling Company for the purpose ~f erecting a bottling plant; that ail the activities ut the proposed plant will be contained within the building, but that loading end storage of trucks will be outside; that the Fairvien Cemetery has appeared before the Commission to object to the industrial use of the property on the basis that it will be detrimental to the operation of a cemetery because of noise and conotion; and that the Commission has concluded that th~ use proposed for the p~operty will not be acceptable within a business district and adjacent to a cemetery, the City Planning Commission recommending denial of the request. The City Clerk ad, ised that the petitioner desires a public bearing in the matter. Mr. Dillard moved to set a public hearing on the requested rezoning for 2:00 o'clock, po m.. January 30. lgOl. and to direct the Attorney for the petitionel to prepare the proper notice thereof, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Dr. Coreell and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: LICENSESs Ordinance No. 14293. to amend and reordain Chapter 'Bankrupt. Fire and Closing-Out ~ales' of Title XX. *Businesses and Occupations* of The Code of the City of Roanoke. lg56. having previously been before Council for its first reading, read and laid over. was again before the body. Mr. Nheeler offering the following for its second reading and final adoption: (~14293l AN ORDINANCE to amend and reordain Chapter 3. 'Bankrupt, Fire and Closing-Out Sales' of Title XX. *Businesses and Occupations' of The Code of the City of Roanoke, 1956. (For full text of Ordinance, see Ordinance Book No. 24, page 331.) Mr. Wheeler moved the adoption of the Ordinance. The motion was'seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Mebher. Nheeler. Young. and the President, Mr. Anderson ..... ?. NAYS~ None ........... O. LICENSES: Ordinance No. 14294. to amend and reordain Section 85 of Chapter O of Title VI of The Code of the City of Roanoke. 1956. having previo~sl: been before Council for ~$first reading, read and laid over. was again before the body. Mr. Young offering the roi. Inning for its second reading and final adoption: (#14294) AN ORDINANCE to amend and reordain Section 65 of Chapter O of Title VI of The Code of the City of Roanoke. lq56. (For full text of Ordinance. see Ordinance Book No. 24. page 336.) Mr. Y~uqg moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. ~ebber. Nheeler. Young. and the President. Mr. Anderson ..... NAYS: None ...........O. MOTIONS AND MISCELLANEOUS BUSINESS: · OFFICE HOURS-CITY EMPLOYEES: Dr. Cornell stated that members of the Police Department and Fire Department are spprehensJve as to whether they will be granted time orr for working on the Christmasand New Year Holidays, In answer to a question, the City Manager advised Dr. Cornell that it is his intention to allow compensatory time off to each member of the Police Bepartmen! and Fire Department mbo worked on the holidays granted other municipal employees. Dr. Cornell stated that he can find no authority of Council for such action on the part of the City Manager and moved to request the City Attorney to furnish Council an opinion adrisin9 mhether or not the City Code provides that members of the Police Department and Fire Department shall receive compensatory time off for time worked on holidays granted other municipal employees. The motion was seconded by Mr. Dillard and adopted, HEALTH DEPARYMENT: The City Clerk reported that the term of Mr. Eugene S. Brown as a member of the Housing and Hygiene Board mill expire on January 31, 1961. and that there is another vacancy on the same Board created by the resignation of Mr. John M. Thompson, both terms bean9 for two years beginning February 1. 1961. The Mayor called for nominations to fill the vacancies. Dr. Cornell placed in nomination the name of Mr. Eugene S. Brown for reelection to the Housing and Hygiene Board. Mr. Webber placed in nomination the name of Mr. J. Garry Clay for election a member of the Hoasing and Hygiene Hoard. Mr. Wheeler moved to close the nominations. The motion was seconded by Mr. Young and adopted. Messrs. Eugene S. Drown and J. Garry Clay were elected members of the Housing and Hygiene Board for terms of two years each beginning February 1, 1961. by the following rote: FOR MR. BROWN: Messrs. Cornell. Dillard. Pollard, ~ebber, Wheeler. Young, andthe President. Mr. Anderson ...........?. FOR MR. CLAY: Messrs. Cornell, Dillard. Pollard. #ebber. Wheeler, Young, and the President. Mr. Anderson ........... ?. BUDGET: Council in numerous budget study sessions having considered the proposed i961 budget and related matters, the Mayor stated that there remains to be decided, prior to adoption of the budget, the question of providing police dogs. meter maids, a Youth Bureau. and crossing guards for the Police Department. The City Manager advised that in his budget transmittal to Council he suggested for constderition an appropriation of $2.000.00 to provide police, dogs and an appropriation of $26.000.00 to provide for the employment of three meter maids, nineteen female street crossing guards, and for a Police Youth Bureau. and stated that if the meter maids and crossing 9uards are authorized it will relieve sufficient police officers to provide for the establishment of the Youth Bureau. ;1'9.3 '194 Mr. Webber moved to Include .ia the budget $25.000.00 to provide for meter maids, crossing gourds and Youth EnrOll ns suggested by the City Manager, stating that he believes provision of these services alii contribute to the safety Red uelrare or the youth of the community. MPG Dillard stated that he is opposed to ~e employment of the meter maids and crossing guards since no proof of need for such personnel has been presented to Council and that he believes the Schoolboy Patrol is doing an excellent Job in guarding children going to and from school and does not need the crossing guards. The City Manager stated that the crossing guards are not intended to eliminate or supplant the activities of the Schoolboy Patrol, but rather to control traffic in the streets in the vicinity of the schools which the Schoolboy Patrol members are not permitted to do. Dr. Cornell stated that he is opposed to au appropriation of fnnds for employment of meter maids and crossing guards because he believes that the funds required therefor can be better used in emplolment of regular police officers. There being no second, Mr. Mebber*s motion was lost. Mr. Dillard then moved to table the question of providing funds fo~ the Cornell and adopted, ~r. Webber voting no. A general discussion ensued on the question of providing fonds for police dogs. Dr. Cornell moved to table the matter. The motion was seconded by Mr. Pollard and adopted. The Mayor then stated that the only remaining item to be considered in connection with the 1951 budget l$ the establishment of salaries for eighteen department heads appointed by Council and the City Manager, covered by Section 9 of the Revised Pay Plan tentatively approved by Council in its budget study sessions After a discussion of the matter, Mr. Young moved to fix the salaries of those officers in the pay grades as follows: City Clerk, Grade E 2, Step 3 1/2; City Attorney. Grade E 1, Step 4; City Auditor, Grade E 1. S~ep 4; Judge of the Juvenile Court, Grade K 2, Step 3; Chief Judge of the Municipal Court, Grade K 2, Step 4 1/2; Judge of the Municipal Court, Grade E 2, ~tep S 1/2; Jqdge of the Municipal Court, Grade E 2. Step 1; Commissioner of Health, Grade E 1, Step 3; Director of Public Welfare, Grade E 3, Step I 1/2; Superintendent of Police, Grade E 3, Step 3 1/2; Fire Chief, Grade K 3, Step 3 1/2; Director of Public Works, Grade E 1, Step 2 1/2; Director of Recreation, Grade E 3, Step 3, Director of Libraries, Grade E 3, Step 3; Director of Planning, Grade E 2, Step 4; Manager of the Water Department, Grade E 3, Step 3 1/2; the salary of the City Manager at $16,500.00; and the Clerk of the Courts at $11,000.00. The motion was seconded by Mr. Wheeler and adopted. Messrso Cornell and Dillard voting no. Hr. Mheeler offered the folloulng emergency Ordinance adopting the 1961 General Fund budget: (81429?) AN OROINANC~ asking appropriations from the General Fund of the City of Roanohe for the fiscal year beginning January 1. 1961, end ending December 31, 1961; end declaring the existence of an emergency. (For full text of Ordinance, see Ordinance nook No, 24. page 330.) Mro Wheeler moved the adoption of tbs Ordinance. The motion was seconded by Mr. Young end adopted by the following vote: AYES: Messrs. Pollard. Webber. Mheelero Young. and the President, Hr. Anderson ..................................... NAYS: Messrs. Cornell and Dillard .....2. Mr. Mheeler then offered the following emergency Ordinance approving the 1961 Water Department budget: (a142981 AN ORDINANCE making appropriations from the Water General Fund and the Mater Replacement Reserve Fund for the City of Roanoke for the fiscal lear beginning January 1. 1961, and ending December 31, 1961; and declaring the existencel: of an emergency. (For full text of Ordinance. see Ordinance Book No. 24. page Mr. Wheeler moved,the adoption Of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Mebber. Mheeler. Young. and the President. Mr. Anderson ..... NAYS: None ...........O, Mr. Nheeler then offered the following emergency Ordinance approving the 1961 Sewage Treatment budget: (~14299) AN ORDINANCE making appropriations from the Sewage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1961. and ending December 31. 1961; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 360.) Mr. Wheeler moved the adoption of the Ordinance.' The motion was seconded by Mr, Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber. Wheeler, Young, and the President. Mr. Anderson ...... 7. NAYS: None ............O. Mr. Webb~ moved to concur in and approve the report of the committee appointed to study and submit recommendations on various changes in the Pay Plan of the City of Roanoke as submitted to Council at its meeting of December 19, 1960. Zhe motion was seconded by Mr. Young and adopted. Mr. Webber then offered the following emergency Ordinance amending the Pay Plan of the City of Roanoke as contained in Ordinance No. 13269: 195 (a14300) AS ORDINANCE to amend and reordala Ordinance No. 13288 here- tofore adopted; tad providing for un emergency. (For full text of Ordinance. see Ordinance 8,ok No. 24. page 361.) Mr. Webber u,red the adoption of the Ordinance. The u,sion mas seconded by Mr. Young and odopted by the f,Il,ming vote: AYES: Messrs. Pollard. Webber, Wheeler. Young. and the President. Mr. Anderson .......................................... S. NAYS: #easts. Cornell andDlllard ...... 2. Mr. Wheeler offered the f,Il,ming Resolution requesting the state to Include in its Employees Insurance Program eligible employees of the City of Roanoke: (#14301) A RESOLUTION requesting the Eoard of Trustees of the Virginia Snpplemental Retirement System to allow all eligible employees of the City of Roanoke to participate in certain group life insurance benefits uhich said board is authorized to pruchase and contract for pursuant to Article 9 of Chapter 3.2 of the Code of Virginia, as amended. (For full text of Resolution, see Resolution Book No. 24, page 376,) Mr. Rheeler moved the adoption of the Resolution. Yhe motion vas seconded by Mr. Young and adopted by the iollowin~ vote: AYES: Messrs. Gornell, Pollard, Mebber, Rheeler, Young, and the Preside~ Mr. Anderson .............................. 6. NAYS: Mr. Dillard .............. 1. There being no further business, Council adjourned. APPROVED COUNCIL. REGULAR MEETING. Monday. January 9. 1961. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building, Mondcy. January 9, 1961, at 2:00 o'clock, p. m., the regular meeting hoar, mith the President. Mr. Anderson. presiding. PRESENT: Messrs. Coruell. Dillard. Pollard. Webber, Wheeler. Young, and the President, Mr, Anderson ........ ABSENT: None ............O. OFFICERS PRESEITI: Mr. Harry R. Yates, Acting City Manager and City Auditor, Mr. James N. Klncanon, Assistant City Attorney, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend Charles G. Tusing. Secretary of the Lutheran Synod of Virginia. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. mo. Monday, January 9, 1961, On the request Of Diamond Plastics Industries. Incorporated, that a portion of the northeast intersection of Pre'ton Avenue and Rollins Road. N. E.. be vacated, discontinued and closed, and notice of the hearing having been published in The Roanoke World-Nems on December 23, 1960, and the City Planning Commission having previously recommended that the request be granted, the hearing Mas held at which no one appeared in opposition. The City Clerk presented a report of viewers appointed by Council by Resolution No. 14239, adopted on November 14. 1960. advising that said viewers. after going upon the ground and studying the matter, concluded that in their opinion~ no inconvenience Mill result from the closing of the portion of the street as requested and that the request should be granted for permanently vacating, discon- tinuing and closing the same. Mr. Thomas C. Phillips, Jr.. Attorney for the petitioner, appeared before Council and requested that his clienfs petition he granted. Mr. Wheeler moved to concur in the request and offered the following Ordinance: (~14302) AN ORDXNANCE vacating, discontinuing and closing a small triangular portion of the original Hollins Road at the northeast corner of the intersection of Hollins Road and Preston Avenue, N. E., which is more particularly described hereinafter by metes and bounds. RREREAS, Diamond Plastics Ihdusiries. Incorporated, has heretofore filed its petitien before the Co'uncil of the City of Roanoke, as required by law. requesting the Council to permanently vacate, discontinue and close the hereinafter described portion of Hollins Road, N. E.; and WHEREAS, notice of the filing of the petition was duly posted os required by law; and NRESEAS~ by Renolution'adopted by the Council. viewers were appointed by the Council to determine what, if any, inconvenience uould result from the vacating, discontinuing nnd closing of the said portion of Rollins Road. N. E.~ and RREREAS, Riss Shirley Henn and Ressrs. R. Dale Poe and Edward R. Breuer. J] three of the said viewers who were authorized by the Resolution of Conneil to net, have viewed the said portion of Holllns Road, N. E., to be closed.and flied their inconvenience would result frou the vacating, discontinuing, report stating and closing of the said portion Holltns Road, RREREASo notice of the public hearing to he held on January 9. 1961, was duly published and posted; and RH£REAS. a public hearing was held on the said petition by the Counnll i!Roanoke and of the public In and to the following described portion of the street S. 80° 36t E. 27.11 ft. from the point of intersec- and the easterly side of Hollins Road (60 ft. wide) Avenue, S. 80° 36* E. 33,14 ft. to Corner I A at the westerly line of Diamond Plastics Industries. Inc. with a curved line to the right whose radius is 595.0 Roanoke. Virginia. directed to mark "permanently vacated, discontinued and closed" ilplats oo filo ia the office of the City £ngineer of the City of shorting the said portion of the said street nhich is described above, and referring to the boob and page of the Resolutions and Ordinnnces orthe Cooocll of the City of Roanoke nhereJa this Ordinance shall be spread. · BE IT FURTHER OROAINEO that the Clerh of this Coaicil deliver to the Clerk of the Hustings Court of the City of Roanoke. Virginia. a copy of this Ordinance in order that the Clerk nay record the sane and la order that the Clerk say sake proper notation on all naps and plats recorded in his office upon nhich are shown the said portion of the hereinabove described street nhich is being pernanently vacated, discontinued nnd closed as provided by law. Mr. Wheeler moved the Ordinance on its first reading. The motion new seconded by Mr. Young and udopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. Webber. Wheeler. Young, and the President. Mr, Anderson ......... NAYS: None ...........O. PETITIONS ANO COMMUNICATIONS: POLICE DEPARTMENT: The City Clerk presented u communication from Mr. Reuben E. Lawson. requesting that additional police officers be assigned to the negro business district in northwest Roanoke and that additional negro police officers be placed upon the force for this purpose. Messrs. Reuben E. La*son. E. S. Brown and Dr. L. E. Paxton appeared beforeii Council and advised that the police protection afforded the negro business district is inadequate; that during the past year the negro Public Library and Y. M. C. A. hare been broken into three times each; Booker T. Washington Junior Sigh School, four timer; Yirginia Mutual Life Insurance Company, one time; The Lanson Building, two times in one week; Ansaid Grocery, two times; and the Lincoln Terrace School, several times; that negro teenage children from thirteen years of age and up roam the streets at late hours of the night in violation of curfew laws which are not enforced, engaging in Illegal and illicit activities; that recreational activities for negro children are leadequate and not properly supervised; and that the swimming pool and building concession in Washington Park. operated by private concessionaire, is a breeding ground for such activities, Messrs. Lawson, Drown and Dr. Paxton stating that there is no police protection in the areaafter 11;OO 0*clock, p. s.. daily; that in their opinion additional police protection should be provided for the area. including foot patrols, regardless of whbther they are negro orwhite police officers; and that they have on several occasions attempted to obtain the employment of additional negro policemen on the force for patroHing .I~99 20O CITY GOVERNMENt: The City Clerk presented n Resolution of the League of Mouen Voters, proposing that the city establish two days in April of each year to be known as Municipal Days on ublch citizens may visit municipal depart- meats and establishments to familiarize themselves uith the service afforded them by the Municipal Government. Several members of the League appeared and advised Council that it is . their intention, if Council concurs in their request, to work with the City Manager and the Mayor in establishing Municipal Days annually at such time as is most convenient to the City Government to hold open house in connection therewith. Mr. Dillard moved to concur in the request. The motion was seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS: OFFICE HOURS-CITY EMPLOYEES: The City Attorney, in compliance mith a request of Council at its meeting of January 3, 1961, submitted an opinion, advising that he is enable to find any city Ordinance definitely requiring that th, City Manager grant police officers nad firemen compefls~tory time when they are required to work on legal holidays. Thc City Manager being absent, Mr. Mebber moved to lay the matter over until the next regular meeting of Council. The motion was seconded by Mr. Nheeler and adopted. RKPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: Council at its meeting of December 5. 1960. having referred to the City Planning Commission for study and recommendation a request of Mrs. Margaret W. Danse, et al** that their properties located on the east side of the 1600 block of Grandin Road, S. W., designated as Lots 1g-23. inclusive, Block 16, Raleigh Court, be rezoned from Special Residence District to Business District. the City Planning Commission submitted its report, advising that a study of the area indicates that existing land use of the area, including the properties in question, is residential; that it is recognized that the corner of Dluemont Avenue and Grandin Road. S. N.. represents the southern boundary of what is generally known as the Grandln Road Shopping Center; that the present development pattern indicates that there does not exist in the area a need for additional business uses; that the area surrounding the petitioners' property is occupied by single family homes in most instances, said homes being in a good state of repair; and that business use of the property concerned will undoubtedly accelerate the deterioration of the general property values in the area considerably, the City Planning Commission therefore recommending denial of the request. The City Clerk advised that the petitioners desire a public hearing in the matter. Mr. Mebber moved to set a public hearing in the matter for 2:00 o'clock, p. m., February 6, 19~1, in the Council Chamber and to direct 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 notion mss seconded by Mr, Mheeler and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No, 14296, officially approving theI vacating, discontinuing and closing of an easterly portion of Indiana Avenue, N. E.~ and of Mohawk Avenue. N. E., in the City of Roanoke, lying between 7th Street, N. and the Shenandoah Valley Division of the Norfolk and Mentern Railroad. shown on the map of. Oennwood Terrace, recorded in Deed Dook 474, page 233. in the Clerk*s Office of the Nustings Court of the City of Roanoke. 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: (=14296) AN ORDINANCE officially approving the vacating, discontinuing and closing of an easterly portion Of Indiana Avenue, N. E.. and of Mohawk Avenue, N. i., in the City of Roanoke. lying between Tth Street. N. E., and the Shenandoah Valley Division Of the Norfolk and Mestern Railroad. shown On the nap of Oeanwood Terrace. recorded iff Deed Hook 474, page 233. in the Clerk's Office of the Court of the City of Roanoke. (For full text of Ordinance, see Ordinance Book No. 24, page 3T7.) Mr. #heeler moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard, Mebber. Wheeler. and Yonn9---6.i NAYS: The President, Mr. Anderson ..................................... 1. BONOS-MUNICIPAL AUDITORIUM: Council having previously laid over until its meeting of January 9. 1961. a proposed Ordinance to provide for the issue of $2,000,000,00 of bonds for a municipal auditorium and having subsequently directed the preparation by the Oirector of Planning, for Council's consideration, of a schematic sketch and estimate of cost of an auditorium with fixed seating for 2,500 persons and a lower level suitable for trade exhibits, sports, etc.. and an alternate sketch and estimate for horizontal main floor type auditorium with removable seats, the matter mas again before the body. The Mayor advised that the Director of Planning was unable to complete the sketches and estimates required by Council in time for this meeting. Dr. Cornell moved to lay the matter over until the next regular meeting of Council. The motion was seconded by Mr. Young and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: DEPARTMENT OF PUBLIC WORKS: Br.'Cornell stated that pedestrians walking across private property located on the southeast corner of Salem Avenue and Jefferson Street are traching mud onto the sidewalks and into the stores in that area and suggested that some action be taken to eliminate this condition, Dr. Cornell moving to refer the matter to the City Manager for study and recommendation The motion was seconded by Mr. Pollard and adopted. 201 202 QUALIFICATION OF OFFICERS: The City Clerk reported that the following members of Boards and Commissions have qualified: Mr. Fred M. Prosser. Advisory nod Appeal Hoard. Air Pollution Control; Mr. R, g. Rodges. Roanoke Valley Regional Planning and Economic Development Commission; and Messrs. Henry B. Boynton. David Dick, Julian H. Martin end Harold #. Hill, City Planning Commission. Mr, Young moved to file the report. The motion wns seconded by Mr. iheeler nnd adopted. There being no further business, Council adjourned. APPROVED 203 COBNCIL, REGOLAR I~ETINO, Monday, January,16, 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, January 16, 1961~ et 2:00 o'clock, p, m** the regular meeting hour. with the President, Mr. Anderson. presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler. and the President, Mr. Anderson .................... ABSENT: Mr. Young ...............1. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph O. ~hittle, 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 L. P. McCord. Assistant Pastor. Second Presbyterian Church. MINUTES: Copies of the minutes of the regular meetings held on January 1961. and January 9, 1961, having been furnished each member of Council, upon motion! of Mr. Wheeler, seconded Mr. Pollard and the with by adopted. reading dispensed and the minutes approved as recorded. UEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND CORMUNICATIONS: PENSIONS-PAY PLAN: The City Clerk presented a communication from the Board of Trustees of the ¥irginia Supplemental Retirement System, advising that, at its meeting of January 9. 1961, it approved the request of Council, contained in its Resolution No. 14301, that all eligible employees of the City of Roanoke be allowed to participate in certain group life insurance benefits, said approval to be effec- tive as of February 1, 1961. It appearing that certain administrative procedures are necessary to effectuate the agreement between the city and the state in this matter, Mr. Webber offered the following Ordinance: (~14303) AN ORDINANCE to amend and reordaJn Chapter 3. 'Officers and Employees Generally' of Title II. 'Administration' of The Cnde of the City of Roa- noke, 1956, by adding a new section thereto, being Section 15 and entitled *Life insurance benefits** WHEREAS, by Resolution No. 14301, this Council requested the Board of Trustees of the Virginia Supplemental Retirement System to allow eligible employees of the City of Boanoke to participate in certain group life insurance benefits and said Board approved the aforesaid request on the 9th day of January, 1961, effective as of February 1, 1961. Accordingly, in order to set up the requisite admlnistrativ~ )rocedures in the premises, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 3. Officers and Employees Generally* of Title II. *Administration' of The Code of the City of Boanoke. 1956, be, and said chapter is hereby, amended by the addition of a new section thereto, said section being Section 15 and reading and providing as follows: Sect 15, Life lnsnrnnce benefits, Effective*on ~h~ first doy of February, 1961, all eligible regular employees of the City of Roanohe, at their election° are authorized to be covered by nod foclnded in the lite fo- sernooe benefits provided by the Board of Truateea or the Virginia Supplemental Retirement System pursuant to Article 9 of Chapter 3,2 of the Code of Virginia, aa amended, The City Auditor shill supplF ull~eceasury information and render all required assistance to the aforesaid Roard in order that eligible enpioy~es~ electing to do so, nay'receive the life insurance benefita hereby.uuthorized; end to deduct from the payroll or each ouch'City enploy~e0~tb~ cost of such insurance to such employee and to pay the sane to the Connouwealth of Virginia along nith the CIW*s contributions to the costa Mr, Mebbcr moved the Ordinance on its first reading. The notion was sec- ioaded by Hr. pollard and adopted by the following vote: i AYES: Wessrs. Pollard, Webber, Wheeler, and the President, Mr, iAnderson ....................................... 4. NAYS: Messrs. Cornell and Dillard---2, (Mr. Young absent) AUDITS-JUYENILE AND DOMESTIC RELATIONS COURT: The City Clerk presented a ireport of an audit of the Juvenile and Domestic Relations Court, coverin9 the per- .iod of January 1, lqbO, through September 30, 1960, as performed by the State Auditor of Public Accounts, and turning the Court records and funds over from Judge R. A. Pate to Judge James ~, Flippin, said report stating that proper account- I Mr. Mheeler moved to file the report. The ~otion was seconded by Mr. iPollard and adopted. REPORTS OF OFFICERS: AIRPORT: The City Manager reported that Cleaves Food Service Corporation !has requested that its contract for operation of the restaurant and gift shop at :the Municipal Airport, ~hich will expire March 10, 1951. be renewed for five ad- i iditional years, and that certain improvements be made to the facilities. !dation. The motion was seconded by Mr. Pollard and adopted. DEPARYME~T OF PUBLIC MORKS: The City Manager reported that he has investi- Igated the matter of mud being tracked onto the sidewalk and into stores ~rom the ~;trians makin9 a short cut through said lot; that in his opinion the matter is en- iltirely an individual problem of the property owners lnvolved; and that if the ilmunictpal 9overnnent should take any action in the matter to eliminate the condition complained of, it will establish o precedent which in his ~pinion ~lll be expensive Dr, Cornell moved to request the City Wanager to write the owners of the i!property concerned advising them of the condition and requesting their cooperation lin alleviating it. ~he motion was seconded by Rt. Dillard and adopted, Mr. Mheeler !ivoting no. SALE OF PROPER~¥: The City ganager submitted a proposal of gr. Oscar Banh~ to purchase from the city the easterly 72 feet of property owned by the city, designated as Official Tax No, 1211233, located on the south side of Jschson Avenue S, M** between 12 1/2 Street and 13th Street, in exchange for a lot owned by bimo designated os Official Tax Ro, 1211201, located on the southeast corner of 13th Street and Jachson Avenue, S. N** plus $S00,00 cash, and advised that his real estate committee bas looked into the matter, has had the property appraised, and has recommended that the exchange be made on the basis of the offer submitted since Mr, Berths proposes to erect n house on his property located on the southwest corner of Jschson Avenue and 12 1/2 Street after the exchange is made, and that the change will result in a consolidation of property of the city and RF. Hanhs to the advantage of both. Mr, Webber moved to direct the City Attorney to prepare the necessary papers to carry out the recommendation of the City Manager. The motion was second- ed by Mr. ~heeler and adopted. REPORTS OF COMMITTEES: NON~. UNFINISHED BUSINESS: OFFICE HOURS-CITY EMPLOYEES: The opinion of the City Attorney in con- nection with the request of Dr. Cornell. advising that there is no definite pro- vision of the City Code requiring that Police Officers and Firemen be given c~mpensatory time off for legal holidays on which they work, having been laid over from the previous meeting of Council. the matter was again before the body. Dr. Cornell moved to direct the City Attorney to prepare an Ordinance to provide that all city employees who work on holidays shall be allowed compensatory time off for such work, or, in the discretion of the Department Head concerned, be paid for the extra work performed at the reg=lar rate. in addition to the pay he would normally receive for such time, which in effect is double time for holiday work. such compensatory time off to be taken by the said employee at the discretion of his Department Read within twelve months. The motion was seconded by Mr. Dillar~ and adopted, Mr. #heeler voting no. BONDS-MUNICIPAL AUDITORIUM: Council having laid over from its previous meeting the question of a bond issue in the amount of $2,000,000.00 for construc- tion of a proposed municipal auditorium, pending receipt of a report of the Directo~ of Planning covering two types of audJtoria with sketches and estimates which it previously requested, the matter was again before the body. The report of the Director of Planning was submitted, advising that a double de~k auditorium-arena type building with a total usable area of approximatell eighty-four thousand square feet will cost approximately $2,090,000.00 for con- struction, parkin9 site development, landscaping, equipment and furnishtng~ and that a combined multi-use auditorium with a total usable area of seventy-nine thousand eight hundred twenty square feet will cost an estimated $1,790,000.00. The Director of Planning submitted sketches of the two types of struc- tures, advising Council that in his opinion the double deck type of structure providing a separate theatre type auditorium and an arena will best answer the needi Of the City Of Roanoke if a single structure is to be constructed. 205 206 After consl~eruble discussion or the matter° Mr. Mebber moved that Council approve the construction of the double deck'design ~uditorium ut un estimated cost Of $2,200,000,00 if bonds are issued therefor. The motion vas seconded by Mr. Pollard end adopted, Mr. Wheeler offered the following Ordinance providing for the issuance of $2,200.000,00 of bonds to pay the cost of the proposed auditorium: (x14304) AN ORDINANCE to provide for the issue of general obligation bonds of the City of Roanoke. Virginia, il principal amount not to exceed Two Million Tmo Dundred Thousand Dollars ($2,20o,o00) to provide funds to pay for the cost of a needed permanent public improvement, to-wit: a new municipal auditorium. BE IT ORDAINED by the Council of the City of Roanoke as 1. It is deemed expedient and necessary by the Council of the City of Roanoke, Virginia, to raise a sum not to exceed Two Million Two Mundred Thousand Dollars ($2.200.000) to defray the cost of a needed permanent public improvement. to-mit: a hem municipal auditorium. 2. For the purpose of raising said sum to pay for the cost of said permanent public improvement, it is deemed expedient and necessary to issue, and there shall be issued within a period of five (S) years from the date of the election hereinafter referred to, general obligation bonds of the City of Roanoket Virginia. in an aggregate principal amount not exceeding Two Mlllioo Two Hundred Thousand Dollars ($2,200,000). 3. The Council shall by resolution prescribe the form of said bonds and all other details with respect thereto in accordance with law. 4. Said bonds shall not be issued unless and until this ordinance has been approved by the affirmative vote of a majority of the freehold voters of the City voting at an election to be called in the manner provided by law. Mr. Wheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell,' Dillard, Pollard. Webber, Wheeler~ and the iPresident, Mr. Anderson .................. NAYS:' None .................... O. (Mr. Young absent) CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AN~ RESOLUTIONS: STREETS A$~ ALLEYS: Ordinance No, 14302, vacating, discontinuing and closing a small triangular portion of the original Hollins Road at the northeast corner of the intersection of Hollins Road and Preston Avenue, N. E., having pre- viously 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: (x14302) AN ORDINANCE vacating, discontinning and closing a small triangular portion of the original Rollins Road at the northeast corner of the intersection of Hollins Road and Preston Avenue, No E** which is more particularly described hereinafter by metes and bounds, (For full text of Ordinance. see Ordinance Book No. 24, page 379.) ,m Mr, #heeler moved the adoption of the Ordinance, The notion was seconded by Or. Cornell and adopted by the following vote: AYES: #essrs, Cornell, Dillard, Pollard, Nebber, ~heeler, and the President, Hr. Anderson ............... 6, NAYS: ~one ................. Oo (Hr, Young absent) MOTIONS AND HISCELLANEOUS BUSINESS: NONE, There being no ~urtber business, Council adjourned. A P P R 0 V E D President 208 COUNCIL. RRGULAN MEETING, Monday. January 23, 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday. January 23, 1961. at 2:00 o'clock, p. m. the regular wee:lng hour. with the President, Mr. Anderson. presiding. PRESENT: Messrs. Cornell, Dillard, Follerdo Webber, Mheeler. Young. and the President, Mr. Anderson ........ 7. ABSENT: None ............ O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Mr. Janes N. Eineanon. Assistant City Attorney, Mr. William r. Origgs, Assistant City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend J. V. McHeery. Pastor, Melrose Christian Church. MINUTES: Copy of the minutes of the regular meeting held on January 16, 1961, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Pollard and adapted, the reading was dispensed with and the minutes approved as recorded, Dr. Cornell voting no. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-INDUSTRIES: Mr. Gordon C. Willis. Prenident of Roanoke Valley Development Corporation. Incorporated. appeared before Council and submitted to it a Resolution. which he requested be adopted by Council, providing for a contri- bution by the City of Roanoke to Greater Roanoke Valley Development Foundation of $50.000.00 each ~ear for a period Of give years, or a total of $250.000.00 in the aggregate, for use by the Foundation and the Roanoke Valley Development Corporation in development of industry in the Roanoke Valley, Mr. Millis advising Council that both the organtaa~o~ are engaged in a program Of industrial development for Roanoke Valley; that approximately sixty-five acres of land lying in Roanoke County immediately to the west of the city on O. S. Route 11 have been purchased for an industrial park; that it is the intention of the two corporations to raise $I,O00,OOOoOO tn funds to be contributed by private businesses and the local governments for the stated purposes; and that the amount requested Of the City of Roanoke is twenty-five p~ cent of the total to be raised. Dr. Cornell offered the Renolntion as presented by Mr. Willis, entitled *A Resolution relating to the contribution by the city of'certain funds to the Greater Roanoke Valley Development Corporation." Dr. CorGell moved the adoption' of the Resolution. The motion was seconded by Mr. Dillard. Mr. Webber offered a substitute motion to refer the matter to the City Attorney for study of the legal aspects in the premises and preparation of the necessary Ordinance or Resolution for presentation to Council along with his legal opinion. The motion was seconded by Mr. Young and adopted. Mr. Dillard voting no. PETITIONS AND COEMUNICATIONS~ SENERS AND STO~E DRAINSt The City Clerk presented a Resolution of the Board of Superrlnora of goeeoke County, requesting that the contract of Septenber 29, 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 two areas, being a portion of the Julia H. Stone Estate, containing 43.4 acres, more or less, lying immediately to the north of and adjoining the corporate limits of the City of Roanoke, and the Castle Rock Farms, containing approximately 169.? acres, lying In the county to the southwest of the city, in the vicinity of Cave Spring. Mr. Wheeler moved to refer the request to a committee composed of Messrs. Roy L, Webber, Chairman, Melter L, Young, Arthur S, Owens and Randolph G. Nhittle for study and recommendation. The motion mas seconded by Mr. Young and adopted. HOUSING-SLUM CLEARANCE: The City Clerk presented a statement of the City of Roaaohe Redevelopment and Housing Authority. showing recoupment of advance of cost of nfl-site improvements by application of payments in lieu of taxes due the City of Roanoke on Projects Va. I1-1 and Va. 11-2 for the fiscal year ended September 30. 1960, which statement showed total payments in lieu of taxes for the period due the City of Roanohe to be $15.214.92. leaving after application thereof tO the total cost of off-site work adyanced by the Housing Authority a remaining balance due the said authority by the city of $58,B41oRSo Mr. Wheeler meted to file the report. The motion was seconded by Mr. Young and adopted. BUDGET-CLERK OF COURTS: The City Clerk presented a communication from the State Compensation Board, advising that it has approved the salaries of per- sonnel in the Office of the Clerk of Courts as established by Council tn its budget. Mr. Dillard moved to file the report. ~he motion was seconded by Mr, Pollard and adopted. REPORTS OF OFFICERS: JUVENILE DETENTION HOME: CounciX at its meeting of November 21, having referred to the City Manager for complete investigation and report in of his findings certain alleged irregularities at the Juvenile Detention Home as !' reported to Council by Dr. Cornell, the City Manager submitted the followin9 report: *Roanoke. Virginia January 11, 1961 To the City Council Roanoke. Virginia Members of Council: At your regular meeting of November 21, 1960, Councilman Cornell filed with the City Clerk and discussed with the Coun- cil a written statement in which was included five alleged ir- regularities stated to have occured at the Juvenile Detention 209 Home. The matter uns referred to:me for investigation and report by motion adopted by the members of the Council. Agreeable to that reference, I respectfully submit this report which covers the first eleven months of the calender year 1960. X shall report on each alleged irregularity. '1. That supervisors and others are drinking alcoholic beverages while on duty at the Juvenile Detention Home and that this is knomn by their superiors** Hd~w ~eClty Manager, the Director or Public ~elfare nor the Superintendent of the Detention Home has any knowledge of the drinking of alcoholic bev- erage by City employees mhile on duty at the Detention Home. On one occasion, in November, mhile at work two e~ployees had the smell or intoxicants on their breath but neither had partaken of intoxicating spirits during work hours and neither had shown any evidence of being intoxicated. Nevertheless. Miss Jones and Mr. Lambert informed each of them that they mould be summarily dismissed should either ever be intoxicated while on duty or bring intoxicating spirits into the Home. These circumstances were reported to me promptly after the occurance and I concurred in their action and no subsequent situations have occurre~o Under date of December 13, lgdO, I directed a letter to Councilman Cornell. a copy of which went to each other member of the Council. in which I. among other requests, asked him to give the *Specific dates or occasions and names of supervisors or employees who a r e alleged to have been drinking while on duty at the Juvenile Rome.' Councilman Cornell declined to give me that information but. at a subsequent Council meeting, stated that he mould not do so. Juveniles are escaping at the hone in groups of four and fire at a time. ~This constitutes administrative negligence by allowing this to happen. I think Council and the public have the right to know how many Juveniles have escaped from the hone in the past year.* On three occasions, during the ~eriod embraced in this report, groups of four or more ctil dren have es- caped from the Detention Home. viz.: (a) On July 5. a group of five white boys and two white girls escaped. These children were aged from 15 to 17 years. the average age being 16 years. (b) Again, on September 3, a group of five white boys and two white girls escaped. These children were aged frgm 12 to 17 years, the average age haiti9 15 years. (c) On November 5. a group Of four white boys. each of whom Was 16 years of age, escaped. During the period of this report. 1019 children have been placed in the Detention Home. of which 2R or 2.75 per cent have escaped through one means or another, l am advised that escapes by children in det ~tion are not confined to Roanoke. The law does not contemplate that children in detention be treated as prisoners but rather that they be allowed all freedom their conduct warrants. And it is impossible to predetermine which of the children being detained mill violate that con- sideration and attempt to escape. A limited few es- capees remain at liberty a day or so before being apprehended. The vast majority return voluntarily in n matter of hours. The local Home isan old outmoded b~llding four stories in height, containing many cut-ap rooms and areas which makes adequate supervision difficult. When all circumstances are considered, I do not think the i loca~ stuff is subject to undue criticisn for ha~ing allowed these escupes to oocur, In uny event, I know or no atteupt by any employee ~it. the Hone to suppress infornatloe with reference to then and host or then have received publicity by hearts Of the local press, radio and television. However, the staff Joins me in the hope'tkat, when the new detention fucilities are available, children in detention any be note adequately supervised. '3. I also huvehfornntion the following public that I Merited an investigation of about this investigation by Coruello after all he is not u nenber of the Council police one of the boys had turned himself November 5, at approximately 2:00 p.m.. a group Of four white boys, each of whom nas 16 years of age via a stationary fire escape. The boy that injured Juvenile Judge. received medical treatment promptly viened the boy in the jailer's office and while there Incidentally, the boy mas beln~ detained on a felony not received any disciplinary actions of the Hame did not establish any reasons Justifying the imposition of disciplinary action to any member of of the City*s Salary and Mage Plan Ordinance. 212 ! hove been unable to find where nny supervisor or employeeat the Home has 'bid lo resign due to the treatment they received niter (Councilnnn Corneil) asked for oa lnrestfgatlon.' In ny nforeaald letter of Decem- ber 13 to Counollman Cornell. ! asked him to give Be. 'The name of any supervisor or employee who has been forced to resign because of improper treatment received b~ him or her'and from whom such treatment was received.' Again. as Council knows Councilman Cornell has declined ~? make that information available. The investigation that I bare nude, in accordance with your directive, lends me to'the positive conclusion that the present personnel of the local Juvenile Detention Hone has been guilty or no administrative negligence or improper conduct of any kind that warrants disciplinary action. But despite the adverse publicity resulting from ~uch charges, although they are proved to be unwarranted, the personnel have fulfilled their respective duties in manners warranting approbation. I hope that I have made it abundantly clear to Council that, in my opi~on, this matter should be pursued no further. However. should you feel that I am wrong in this conclusion. suggest that you adopt a resolution directing me or some other person or committee to continue it. In such event, in my judg- ment, Councilman Cornell should be immediately summonsed to appear before such person or committee and answer, under oath, the questions propounded him in the aforesaid letter of Decem- ber 13. And in such event should he ignore the summons or decline to answer the questions, he should thereupon be sum- moused to appear before the Municipal Court, pursuant to the provisions of Section 22 of the Charter of the City of Roanoke, and have, as the law contemplates, the Judge of that Court determine whether or not he be required to answer the aforesaid questions in clari~ication of the matters mentioned tn his written statement so that the parties complained against may be 91yen at least 'the right that the law affords persons charged as felons to be confronted by their accusers. Respectfully submitted, /S/ Arthur S. Owens City Manager" Or. Cornell made to Council the following statement: "I would like to make the following statement about the Juvenile Home. For sometime (sic) I have asked council to investigate the charges of abuse and negligence at the home. I wanted both the accusers and the accused to appear before council under oath and give them a fair hearing. Xt w~ only after Mr. Owens refused to listen to a report of these charges that they were brought to me. I now feel I am bucking against a atonemall (sic) due to lack of cooperation by certain city officials. I believe I have fulfilled my public responsibility as a councilman in trying to get such a hearing. Part of the report Hr. Owens has given council is strictly ant of order and in my opinion an insult to the Roanoke City Council. I refer to his opinion that a member of city council he forced to give the name of his informants under oath and if he refuses, take him to court like a criminal and fine or jail him. Mr. Owens apparently has been around so long he has forgotten that city council is still the governing bod~ of Roanoke and he is supposed to be under the Jurisdiction of ail members of council. I feel any decent conncil should censure a city manager for such remarks against one of its members. If any employee of Mr. Owens made such a suggestion pretaining to Mr. Owens he probably would be fired and Justly so. In the first place. council did not ask his opinion on how he would handle the situation, but instructed him to investigate and report. He knows I have no intention of releasing my informants for his little black book. He has also heard me state many times the informants will testfy (sic) under oath in front of any legal lnrestlgntJng committee, Mr. Owens and others seem to be more interested in who squealed to Dr~ Cornell than they are in hearing testimony, At present I find myself in the position of having to unit uutiJ the public becomes aroused sufficiently to demand un fnrestlgutJon or a more eooperatlre attitude becomes apparent on behalf of city officials.' Mr. Mkeeler moved to receive and file the report. The motion mas secondec ~ Mr. Young and adopted, JUVENILE DETENTION HOME: The City Manager submitted a report of on inspection of the Juvenile Detention Hone made by the Bureau of Juvenile Probation and Detention Of the Department of Welfare and Institutions of the Commonwealth of Virginia on December O and 9, 1960. Mr, Nbeeler mated to receive and file the report, The motion was seconded*! by Mr. Young and adopted, STATE HIGHWAYS: The City Attorney reported that condemnation preceedings for acquisition of certain properties needed for rights of way on State Route nil?, as previously authorized by Council, have been completed; and that nnder the pro- ceedings the Court has set values on six of the properties in question mhich exceed the original appropriations and amounts authorized to be paid for the properties by Council in the amount of $2,U08.00, and requested that Council authorize acquisition of the properties at the values determined by the Court and appropriate the necessary excess funds therefor. Mr. Dillard moved to concur in the request and offered the following emergency Ordinance: (u14305) AN ORDINANCE providing for the payment of certain awards and items of cost in connection with the condemnation of certain properties being acquired for the widening of Peters Creek Road, N. M., (State Route No. 117); and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24~ page 382.) Mr. Dillard moved the adoption of the Ordinance, The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Wessrs. Cornell, Dillard, Pollard, Webber, Wheeler. Young, and the Presideot, Mr. Anderson ..... NAYS: None ........... Mr. Wheeler offered the folloming emergency Ordinance appropriating the necessary fonds: (a14306) AN ORDINANCE to amend and reordain Section ~140, "Street Coostructiou,' of the 1961 Appropriation Ordinance, and providing far an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 3fl3.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ...... NAYS: None ............ O. 2~'3 214 REPORTS OF CONNITTEESt AISPORT~* Council at its weeting of November 14, lg60, having referred to a cowwittee composed of Uessrs, Roy L. Webber, Chairman, Hurry R. Yates end Arthur' S. Owens for study and recommendation a cowmnnlcution iron Nessrs. Robert M, Woody. J. W. Buvress. E. R. Vuught and Nlllian H. Carder. recommending that Council appoint u Citizens Airport Advisory Committee of five members, one of whom will be the current Chairman of the Chamber of Commerce Airport Committee. for the purpose of meeting regularly with the members of Counciles Airport Committee to render such assistance to the committee as it may in an advisory capacity, the committee submitted its report, advising that it believes it will be much move advantageous to the city and provide move harmonious efforts if Council in appointing its Airport Committee will add thereto three citizens and the Manager of the Airport. Mr. Pollard moved to concur In the report of the committee, except that Council add a member of that body rather than the Airport Manager and au additional citizen who will he n member of the Chamber of Commerce Airport Committee. The motion was seconded by Mr. Dillard and adopted. Mr. Webber voting no. The Mayor pointed out that there Is no standing Committee of Council known as the Airport Committee, but rather that Council appoints a committee each time it bas a matter to refer to it. Mr. Nehbev moved to refer to a committee composed of Messrs. Roy L. Nebber, Chairman, Roy R. Pollard. Sr., Arthur S, Owens~ Harry R. Yates, Robert W. Moody, J. M. Burgess, E, R. Vaught and William H. Carder for study and recommen- dation the question of securing for the Municipal Airport an Instrument Landing System. The motion Mas seconded by Mr. Youn9 and adopted. AIRPORT: Council at its meeting of June 27, 1960, having referred to a committee composed of Messrs. Roy L. Webber, Chairman, Harry R. Yate$ and Arthur S. Owens for study and recommendation a report of the City Manager on Airport parking facilities, containing certain recommendations as submitted by a committee of municipal officials appointed by him, the committee submitted its report, advising that improvements to the Airport parkJAg facilities ave necessary, but due to the cityts close financial position, it recommends that the City Manager he directed to advertise for bids for a concessionaire to operate the parking lot at the Municipal Airport, such conces$1onaive to pave, mark and fence on appropriate area. at his expense, under the concession contract, and. also, as an alternate, to provide for u canopy extending from the airport building to the driveway, such bids to be submitted to City Council for Its consideration. Mr. Webber moved to concur In the report. The motion was seconded by Mr. Pollard and adopted, Dr. Coreell and Mr. Dillard voting no. AIRPORT: Council at its meeting of November 21, Ir60, having referred to a committee composed of Messrs. Roy L. Webber, Chairman, Arthur S. OMens and Harry R. Yates for study and recommendation, including the effect it will have upot IJ the city's revenues, ~ request of the Roanoke ~hamber or Commerce that landing fees for ell aircraft not hauling passengers and cargo for hire be abolished immediately at the Roanoke Municipal Airport end that there be no mandatory par~hase of gasoline In lieu of landing fees, the committee submitted its report, reco&mending that Title 6. Chapter $, of the City Code, be emended as folloms: Section 9, to eliminate landing fees for noncommercial aircraft end substitute in lieu thereof a parking fee of $1,oo for each tmeaty-four hoars or fraction thereof, to include tie down service if desired; Section 10, increase the landing fee rate from twenty-fire cents to thirty cents per thousand pounds or fraction thereof for certain commercial aircraft, and the minimum charge therefor to $2.S0. such charges to be for each twenty-four hours that the plane is parked on the airport; and Section 14. to be amended to conform to the other amendments contemplated, After considerable discussion of the report. Mr. Dillard m~ved to lay the matter over until the next regular meeting of Council in order that the members might have an opportunity to study it. The motion was seconded by Dr. Cornell and adopted. AIRPORT; Council at its meeting of January 16, 1961, having referred to a committee composed of Messrs. Roy L. Mebber, Chairman. Arthur S, Owens and H~rry R. Yokes for study and recommendation the request of Cleaves Food Service Corporation for a five-yearcontiouotion of its contract for operation of the restaurant and allied facilities at the Roanoke Municipal Airport, which contract will expire March IO, 1961, the committee submitted its report, recommending that the contract be extended for five years, as requested, from March IO, 1961, the city to install a radar cooking range, provide additional refrigeration space, tint the glass in the restaurantafld paint the interior of the dining room at a total estimated cost of Mr. Webber moved to concur in the report and to direct the City Attornqy to prepare the necessary papers for presentation to Council. The motion was seconded by Mr. Wheeler and adopted. : SEWERS AND STORM DRAINS; Council at its meeting of December 19, 1960, 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 recommenda- tion u request of the Tono Of Salem that the contrac~ between the City of Roanoke and the Town of Salem, dated October 16, 1953, dealing wtth the treatment of domestic and commercial wastes, be amended by adding thereto a S-acre.tract Of land in the County of Roanoke on the east side of State Route 643, approximately 000 feet north of U. S. Rou~e 11, the committee submitted its report, recommendin9 that the request be granted, sith the provlsio that the Town of Salem pay a fifty per cent increase in the churg~ for treating semage originating mlthin the area in question. 2;l. 6, Mr. Rheeler moved to concur In the recomuendation of the committee sod offered the following Resolution: (#14307) A RESOLUTION amending the contract of 0ctober 16, 1953, betueeo the City of Roanohe gad the Town of Salem, dealing with the treatment of domestic and commercial mastes. (For full text of Resolution, see Resolution Rook No. 24, page 383.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Hr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler, Young, and the President. Mr. Anderson ..... ?. NAYS: None ........... O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PENSIONS-PAY PLAN: Ordinance No. 14303. amending and reordaining Chapter 3. 'Officers and Employees Generally' of Title II. 'Administration' of The Code of the City of Roanoke. i~56, by adding a new section thereto, being Section 15 and entitled 'Life Insurance benefits', having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Pollard offering the following for its second reading and final adoption: (x14303) AN ORDINANCE to amend and reordain Chapter 3. 'Officers and Employees Generally' of Title II. *Administration* of The Code of the City of Roanoke, 1956, by adding a new section thereto, being section 15 and entitled 'Life insurance benefits'. (For full text of Ordinance, see Ordinance Book No. 24, page 380.) Mr. Pollard moved the adoption Of the Ordinance. The motion was seconded by Hr. Young and adopted by the following vote: AYES: Messrs. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ...................................... 5. NAYS: Messrs. Cornell and Dillard ..... BONDS-RDNICIPAL AUDITORIUM: Ordinance No. 14304. providing for the issue of general obligation bonds of the City of Roanoke, Virginia. in principal amount not to exceed Two Million Two Hundred Thousand Dollars ($2,200,000) to !iprovide funds to pay for the cost of a needed permanent public improvement, to-wit: a new municipal auditorium, having previously been before Council for its first reading, read and laid over. was again before the body. Rt. Richard L. Rengher, representing Southwest Section, Virginia Chapter of The American Institute of Architects, appeared before Council and presented a letter from that organization, requesting that any reference to the shape, two story or otherwise, of the proposed auditorium be eliminated from consideration in the bond election since it will render Council free, at a later date, working with the selected architects, to effect any economies in design construction and materials. !} Mr. Webber moved to receive and file the communication. The motion mas seconded by Dr, Cornell and adopted. Mr. Mheeler then offered the folloming for its second reading end final adoption: (a14304) AN ORDINANCE to provide for the issue of general obligation bonds of the City of Roanoke, Virginia. in principal amount not to exceed Tmo Million Tmo Hundred Thousand Dollars ($2,200,000) to provide funds to pay for the cost of a needed permanent public improvement, to-mit: a hem municipal auditorium. (For full text of Ordinance. see Ordinance Book No. 24. page 3RI.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler. Young. and the President. Mr. Anderson ..... NAYS: None ...........O. OFFICE HOURS-CITY EMPLOYEES: Council at its meeting of January 16, 1961. having directed the preparation of an Ordinance amending the Cit~ Code to provide that all city employees mbo work on holidays shall be all*mad compensatory time off, or paid. in the discretion Of the City Manager, Dr. Coroell offered the following Ordinance: (=14309) AN ORDINANCE to amend and reordain Section 11. *Office hours and holidays* of Chapter 3. 'Officers and Employees Cenerally' of Title Il. *Administrationt of The Code Of the City of Roaookeo 1956. BE IT ORDAINED by the Council of the City of Roanoke that $ection'll. *Office hours and holidays* of Chapter 3. *Officers and Employees Generally* of Title II. tAdminJstration* of The Code of the City of Roanoke, lg56. be. and said section is hereby, amendedby adding a new subsection thereto, said subsection being re) and reading and providing as follows: (e) All employees of the City. including employees of the police and fire departments, who are required to work on holidays as herein established shall, within twelve months from the time such holiday mork is per- formed, be allowed compensatory time off or. in the : discretion of the City Manager, be paid an additional sum for the time worked on the holiday at regular rates. Dr. Cornell moved the Ordinance on its first reading. The motion Has seconded by #~. Dillard and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, Young, and the President, Mr. Anderson ...................................... 5. NAYS: Messrs. Webber and Wheeler .......2. SALE OF PROPERTY: Council at its meeting of January 16, 1961. having directed the preparation of an Ordinance to provide for the transfer to Oscar Banks of certain city-owned property located on the south side of Jackson Avenue, S. W., between 12 1/2 Street and 13th Street, Mr. Wheeler offered the foil*ming Ordinance: 2.17 2'1'8 (a14309) AN ORDINANCE providing for the transfer to Oscar Oanks of the easterly 72 feet of City-owned real estate designated as Official Tax ~11233 in consideration of his transferring to the City Official Tax No. 121201 and. In addition, paying $500.00 cash, WHEREAS. the City Manager has received a written offer from Oscar Banks to convey to the City real estate briefly described as Official Tax No. 1211201 and. in addition, to pay unto the City $500.00 cash in consideration of the City conveying to hie the easterly?2 feet of City-owned real estate designated as Official Tax No. 1211233; end MHEREAS, 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 Oscar Banks to convey to. the City real estate briefly described as Official Tax. So. 1211201 and. in addition, to pay unto the City $500.00 cash in consideration of the City conveying to him the easterly 72 feet of City-owned real estate designated as Official Tax No. 1211233 be, and the same is hereby, accepted. 2. That the proper City Officials be. and they are hereby, authorize and directed, fbr and on behalf of the City, to receive amd cause to be recorded a deed. to be approved by the City Attorney, conveying onto the City'the real estate briefly described as Official Tax No. 1211201 and, also, to receive and deliver to the City Treasurer for proper deposit the $500.00 additional cash consideration and, thereafter, to execute proper deed, to be prepared by the City Attorney. conveying, with special warranty of title, the easterly 72 feet of City- o~ned real estate designated as Official Tax No. 1211233, and to deliver the same to the aforesaid Oscar Banks. Mr. Wheeler moved the Ordinance on its first reading. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, [ebber, Nheeler, Young, and the President, Mr. Anderson ...... NAYS: None ........... O. MOTIONS AND MISCELLANEOUS BUSXNESS: SEWERS AND S~ORM DRAINS: The City Attorney reported that. E. and E. J. Pfotzer, contractors who construnted the cityss Sewage Treatment Plant some years ago, hare subsequently sued the city for certain claims amounting in. the aggregate to $59,603.00, uhich suit was brought in the United States District Court some time ago and in which matter preliminary hearings were conducted in the Court before a commissioner, the case finally being set for commencement of taking testimony for January 16, lgbl; that prior to the commencement of the suit, the City Manager and the City Attorney made numerous efforts to arrive at a fair and reasonable settlement and n disposition of the matter; and the City Manager and the City Attorney, along with the oityts consulting engineers. Alvord, Burdick nod Homson, are agreed that a portion of the claims made represents matters over which reason- able persons might disagree and that a court or Jury might decide in favor of eithe~ pavty; and that throngh negotiation beginning on January 16, lq61o E. and E, Pfotser finally have agreed to accept n settlement of their claims for the sum of $9,187.~0, the City Attorney and the City Manager recommending that Council authoriae said sum, Mr. Webber moved to concur in the recommendation and offered the followin emergency Ordinance: (~14310) AN ORDINANCE providing for the settlement of a claim arising from the City*s contract for the construction of the sewage treatment plant; appropriating the sum of $9,1fl?,50 therefor; and providing for an emergency, (For full text of Ordinance, see Ordinate Book No. 24, page 385.) Mr, Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYESz Messrs. Cornell, Dillard. Pollard, Webber, Wheeler, Young, and the President. Mr. Anderson ..... 7. NAYS: None ........... O, T~AFFIC: Mrs. Pearl Under~ood, 1022 Jamison Avenue, S. E.. appeared before Council and requested the installation of a traffic signal at the inter- section of Eleventh Street and Jamison Avenue. S. E. Dr. Cornell moved to refer the matter to the City Manager for disposition. The motion was seconded by Mr. Dillard and adopted. There being no further business, Council adjourned. APPROVED President 219 220 January 30, 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal DulldJng, Monday, January 20, 1961, at 2:00 o'clock; p. m. the regular meeting hour, with the President, Hr, Anderson, presiding. PRESENT: Messrs, Cornell. Dillard, Pollard, #ebher, Mheelero Young. and the President. Mr. Anderson ............. ABSENT: None .................O. OFFICERS PRESENT: #r. Arthur S. Owens. City Manager~ Rt. James N. Kincanon, Assistant City Attorney. Mr. William F. Griggs, Assistant 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 the regular meeting held on January 23, 19&i, hating been Yurnished each member of Council, upon motion of Mr. gheeler, seconded by Mr. Pollard and adopted, the reading was dispensed withand the minutes approred as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'c{ock, p. m., Monday, January 30, 1951, on the request of N. W. Schlossberg that his property located on the south side of Melrose Avenue, N. N., west Of Faitview Cemetery, being Lot 5 and part of Lots 6, 7 and 6. H. H. Markley Map, be rezoned from Busi- ness District to Light Industrial District, and notice of the hearing having been published in The Roanoke World-News on January 13, 1961, and the City Planning Commission having previously recommended that the request be denied, the hearing was held. Mr. Earl A. Fitzpatrick. Attorney for Fairview Cemetery, and some; residents of the general area, appeared and stated that his clients are opposed to rezuning of the property in question since it abuts on Fairvtew Cemetery, which, in the opinion of the owners, is not a suitable place for an indnstrial establish- ment; that the residents of the general area believe that the traffic generated from an industrial plant at this location will create additional traffic hazards on Melrose Avenue; and that although the petitioner proposes to erect a soft drink bottling plant, there is no assurance that the property will be used for this purpose after being rezoned and conceivably could be used for any other purpose allowed in a Light Industrial District, which would be detrimental to the neighbor- hood, Mr. Fitzpatrick requesting Council to concur in the recommendation of the City Planning Commission and deny the request. Mr. William B. Hopkins. Attorney for the petitioner, appeared and stated that Nehi Bottling Company has a contract for purchase of the property from its present owner. Mr. N. W. Schlossberg; that Nehi Bottling Company proposes to erect a bottling plant on the property some 240 feet away from Melrose Avenue, the building to be of n prestige type; that all of the activity will be confined mithin the building, with the exception of loading end parking of trucks; that no noise will emanate from the building to disturb the neighborhood. Hr. Hopkins pointing out to Council that both on the south and north sides of Fairview Cemetery there are now industrial areas; nad that all of the property on the south side of Fairvieu Cem~teryo where the entrance to the cemetery is located, is zoned industrial, end advising Council that his client, Nehi Bottling Company. proposes to erect its building on the property prior to the expiration of its lease at its present site in 1964; and that the contract for purchase of the property is contingent aport it being resorted to permit the use contemplated. Bra Fitzpatrick presented a petition bearing the names of eight residents and property owners residing on Vieumont Street and Olivet Street, N. R., in the general vicinity of the property in question. No one else appearing. Rr. Pollard offered the following Ordinance: (~14311) AN ORDINANCE to amend and reenact Title XY, Chapter 4, Section of The Code of the City of Roanohe, 1956. in relation to Zoning. WHEREAS. application has been made to the Council of the City of Roanoke to have that certain property located on the south side of Melrose Avenue, No land being the greater southeasterly portions of original Lots Nos. S, 6. 7 and 0, Map of flo fl. Markley, of record in the Clerk"s Office of the Circuit Court of the County of Roanoke, Yirginia, in Plat Book !, page 109, and being designated as Tract B on the map showin9 the division of the property of C. R. Williams and Brenda B. Williams. on Welrose Avenue, N. W,, dated August 29, 1950, recorded in the Clerk*s Office of the Bustings Court for the City of Roanoke. Virginia, in Deed Book 637, page 208, being Official Tax Nos, 2660411, 2660412, 2660413 and !2660414. rezoned from Business District to Light Industrial District; and WHEREAS, the City Planning Commission has recommended that the requested rezoning be denied; 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 Roanohe World-News.u a newspaper published ia the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice was held on the 30th day of January, 1961, at 2:00 o'clock, po m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens mere given an op- portunity to be heard both for and against the proposed resorting; and MHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. 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, 1956, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: 22l Property located oa the south aide or,¥elroau Avenue, N, #,, end being ihe greater soukheasterly portiona or original Lots ~os, 5, 6, ? and 0, Hep or H, H, Harkley, or record in the ¢lerh*s office or the Circuit Coati or the County or Roanoke, Virginia, Ia Plat Oook 1, page log, and being designated as Tract on the map ahoming.lhe diviaion or the property Williams, on Melrose Avenue, ~, W,, dated August 2g, 1950, recorded in the Clerk's office or the flostings Court rot the City of Roanoke, Virginia, in Deed O0ok 63?, page 266, designated on Sheet 266 or the Zoning Map as Official Tax NOS, 2666411, 2660412~ 2660413 and 2660414, be, and is hereby, changed from Ousiness District to Light Industrial District and the Zoning Mop shall be changed la this respect. Mr, Pollard moved the Ordinance on its first reading, The motion was seconded by. Or. Cornell and adopted by.the following vote: AVES: Messrs. Cornell, Dillard. Pollard, and the President, Mr. Anderson .................................................... 4, NAYS: Messrs. Mebber. Wheeler.and Voung .......... PETITIONS AND COMMUNICATIONS: LICENSES: The City Clerk presented a communication from Jack Sherwood Advertising Art. advising that he is in the business of design and art work and iithat in his opinion the license tax of $20,00 for the first $4.OOO.00 and $1.10 ilfor each $100.00 in excess thereof of his grosa receipts is on excessive tax. and ilnot in line with other businesses of a like nature, and requesting that Council revise the License Tax Ordinance to place him in line with other competitive busine: ilRandolph G. Whittle. Chairman, HarryR. Votes. Andrew Cornell for study and recommendation, alon9 with their other assignments in this respect. The motion was seconded by Mr. Pollard and adopted. ZONING: The City Clerk presented a petition from Elfin H. and Mildred Ingrom. requesting that their property designated as Lot IO. Block 3, Grandin Court Official Tax No. 1551014. lying on the south side of Montvale Road. S. W.. betmeen Special Residence District. Mr. Young moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. LICENSES: The City Clerk presented a communication from Magic City Detective Agency, requesting that Council consider requiring investigation and control of persons operating detective agencies in the City of Roanoke by the Police ilDepartment, and advised that Mr. Hampton W. Thomas, Attorney for Magic City is some question as to the legal methods to be used in accomplishing his client*s request that the City Attorney be asked to advise Council whether or not present Mr, Webber moved to refer the request to the City Attorney for an opinion as to mhether Conncil mny comply with the request under existing law. the City Mannger to secure copies of Ordinances providing rot such investigation and control la other cities, The motion mas seconded by Mr. Young and adopted. ZONING: The City Clerh presented n petition from Emmett S, and Martha R, Jones, requesting that their property designated as Lot ?, Dloch 2, Bomell Ad- dition, Official Tax No. 2660315. located nt lOlO Thirty-fifth Street, N. M,, he rezoned from General Residence District to Light Industrial District, Mr. Wheeler moved to refer the request to the City Planning Commission rot study and recommendation. The motion was seconded by Mr. Young and adopted, PENSIONS-POLICE DEPARTMENT-FIRE DEPARTMENT: The City Clerk presented a communication from Mr. J. B. Mitchell, requesting that the minimum pensions under the Police and Fire Pension System be increased from $100.00 to $150.00 per month. with one-half thereof being paid to the widow upon the death of the member, the change to apply to all members and their widows, both retired and yet to be re- tired. Dr. Eornell moved to refer the request to a committee composed of Messrs.~ Walter L. Young, Chairman, Charles M. Cornell and Benton O. Dillard for study and recommendation. The motion was Seconded by Mr. Dillard and adopted. REPORTS OF OFFXCER$: STATE BIGRMAYS: The City Manager reported that there are buildings On three pieces of property acquired for right of way for widening of State Route ~117 which must be removed and. since this is a federal-state-city highway pro- ject, requested that Council authorize removal of the buildings by Resolution and in addition appropriate $195.00 to cover the cost thereof. Mr. Wheeler moved to concur in the request and offered the following Resolution: (~14312) A RESOLUTION providing for the removal of certain structures located on certain property recently acquired by the City for the widening of Peters Creek Road, N. W., (State Route No. 117). (For full text of Resolution, see Resolution Book No. 24, page 307.) Mr. Wheeler moved the adoption of the Resolution. The motion was second- ed by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ................ ?. NAYS: None ......................O. Mr. Wheeler then offered the following emergency Ordinance appropriating the necessary funds: (=14313) AN ORDINANCE to amend and reordain Section =140. 'Street Con- struction,~ of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 24, page 366.) Mr. Wheeler moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Pollard and adopted by the followin9 vote: 22.3 2.2.4 AYES: Mesars, C~rnell, Dlllhrd, Pollard, Mehber, Wheeler° Young, and the Presldente Mr. Aoderson ........... ~---?. NAYS: None ..................... O, AIRPORT: The City Manager reported that the lease of Mr. Warren L, Kinsey for certain land at the Roanoke Municipal Airport used for agriculturnl purposes Mill terminate on March 31, 1961. and recommended that a new lease be granted Mr, Kinse~ on an annual basis with an automatic renewal clause for $?.50 per acre rather than the $5.00 per acre as provided for in the present lease. Mr. Young stated that he believes the city can grant MFo Kinsey a five year lease for this property at the rate recommended by the City Manager, said lease tn provide for cancellation on March I of each year upon notice given thirty days prior thereto and, further, that thc lease may he cancelled at any other time upon thirty days' notice, under which circumstances the city will refund to the lessee the cost of seed, fertilizer and plowing for any crops in the ground at that time. Mr. Nheeler moved to direct the City Attorney to prepare the necessary Ordinance and lease leasing to Mr. Marten L. Kinsey the acreage presently used by him /or a new tire year period beginning April l, 1961, at a rate of $7,50 per acre per annam, said lease to provide for cancellation on March I of each year upon notice given thirty days prior thereto and. further, that the lease may be cancell- ed at any other time upon thirty days' notice by the city, provided that the city refund to the lessee the cost of seed. fertilizer and plowing for any crops in the ground at that time. The motion was seconded by Mr. Young and adopted. SALE OF PROPERTY: The City Manager submitted an offer of Draper Con- struction Company to purchase city-owned property located on the southeast corner of Jackson Avenue and Thirteenth Street, S. W., being a portion of Official Tax So. 1211233 and all of Official Tax No. 1211201, at a price of $1,200.00. and recommended acceptance of the offer. Mr. Mheeler moved to concur in the recommendation and to direct the City Attorney to prepare the necessary Ordinance and allied papers. The motion was seconded by Mr. Youn9 and adopted. SEWERS AND STORM DRAINS: The City Manager reported that pursuant to a directive of Conncil at its meeting of December 5. 1960, he has obtained the ser- vices of Dr. Byron N. Cooper to examine the area between Mountain Avenue and Highland Avenue along Three and one-half Street and Fourth Street in Southeast to determine whether or not a drainage shaft or other temporary means will afford relief of storm waters in that area, and submitted a report of Dr. Cooper, advtsln! that, in his opinion, this area is taking all the water underground through existing fissures that it can support, consequently no drainage shaft or other temporary measure will relieve the situation, and that the only way to handle the flooding problem in that area is to cons,mci a large diameter storm sewer to carry consultation with the State Rater Control Board mith reference to the possibility of making n federal-state-city project of a storm drain to relieve the area and that in his opinion & proJect application should be filed mlth the State Water Control Board requesting such assistance, Mr, Webber moved to receive and file the report of the City Manager, The motion was seconded by Mr, Bheeler and adopted, Mr, Bebber then moved to direct the City Manager to proceed with filing a project proposal with the State Water Control Board to secure state and federal assistance in relieving the drainage problem in that area, The motion mas seconded by Dr, Cornell and adopted, REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: Council at its meeting of January 3, lgGl, having referred to the City Planning Commission for restudy the request of Mrs, Helen E, Blankemeyer'that her property located on the northeast corner of Williamson Road and Whitney Avenue, N, W,, be rezoned from Special Residence District to Business District, the City Planning Commission submitted an additional report, advisin9 that a restudy of the request has convinced the Commission that its former report is correct and that it .till recommends denial of the request for the reasons previously stated, The City Clerk advised that the~ petitioner desires a public hearing in thel matter, Mr, Wheeler moved to set'a public hearing on the request for 2:00 o'clock,: p, m** February 27, lgS1, in the Council Chamber, 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 publication. The motion was seconded by Dr. Cornell and adopted, ZONING; Council at its meeting of December 12, 1960, having referred to the City Planning Commission for study and recommendation a request of Mrs. Pete S. Stamonlis, et al., that their properties located on the north side of Melrose Avenue N, W,, between Twenty-first Street and Twenty-second Street, be rezoned from Special Residence District to Business District, said property being designated as Lots 9- 12, inclusive, and Park Lot, Block 67, Melrose Land Company. the City Planning Com- mission submitted its report, advising that in its opinion there is sufficient land presently zoned along the general area in which the property is located to accommo- date most needs for business which will locate therein and that the land development plan for the area does not indicate any additional areas need to be used for com- mercial purposes, the Commission recommending denial of the request, The City Clerk advised that the petitioners desire a public hearing in the matter, Mr, Wheeler moved to set a public hearing in the request for 2:00 o'clock p, m** February 27, 1961, and to direct 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 was seconded by Dr. Cornell and adopted. 2>5 22:6 ZONING: Council ut its meeting of December 27, 1960, having referred to the City Planning Commission for study and recommendation a request of Diamond Plastics Industries, Incorporated. that a 15,436-acre tract of land lying on the easterly side of Hollins Road, N. E.. betuee~ the corporatJon*s present plant site and the northern corporate limits of the city. be rezoned from General Residence District to Light Industrial District. the City Planning Commission submitted its report, advising that in its opinion the Whiteside Street development and the land development plan for this area indicate that the property in question is proper for and should be used for industrial purposes, and recommended that Council grant the request. Mr. Wheeler moved to set a public hearing Jn the matter for 2:00 o'cinch. p. m., February 27, lq61. and to direct the Attorney for the petitioner to prepare the proper notice thereof, have it approved by the City Attorney and present it to the City Clerk for publication, The motion was seconded by Dr. Cornell and adopted BUDGET-INDUSTRIES: Council at its meeting of January 23, 1961, hav~ng. directed the City Attorney to advise it of the legal aspects in connection with the request of Roanoke Valley Development Corporation, Incorporated. that the city contribute $250.000,00 for industrial development in connection with the corporatio~ activities, the City Clerk presented a communication from the said corporation. requesting that in view of the fact that its lawyers have not completed their study of the matter Council delay action on the request until its next regular meeting. Wt. Pollard moved to concur in the request. The motion was seconded by Dr. Cornell and adopted. AIRPORT: A report of the Airport Committee, recommending that landin9 fees be abolished for certain type aircraft and certain other fees at the Municipal Airport be established or changed, having been laid over from the previous meeting of Council, mas again before the body. Mr. Webber moved to concur in the report of the committee and to direct the City Attorney to prepare the proper Ordinance implementing it', The motion was !i seconded by Mr. Wheeler and adopted. CONSIDERATION OF CLAIWS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLDTIONS: OFFICE HOURS-CITY EMPLOYEES: Ordinance No. 14308, providing that all cit employees who work no holidays shall be allowed compensatory time off for such work or paid for the extra work performed, having previously been before Council fi its first reading, read and laid over, was again before the body, Dr. Cornell of- fering the following for its second ~eading and final adoption: (=14308) AN ORDINANCE to amend and reordain Section 11. 'Office hours and holidays' of Chapter 3. 'Officers and Employees Generally' of Title II. 'Administration' of The Code of the City of Roanoke, 1956, (For full text of Ordinance, see Ordinance Book No. 24, page 3D6.) 227 Oro Cornell Bored the adoption of the Ordinance. The motion was seconded by Mr. Dillard nnd adopted by the following vote: AVES: Messrs. Coruell. Dillard, Pollnrdo Young, and the President, Mr. Anderson ................................................ NAYS: 'Messrs, [ebber and Iheeler ............. 2, SALE OF PROPERTY: Ordinance No, 14309. providing for the transfer to Oscar Banks of the easterly 72 feet of City-owned real estate designated as Official Tax No. 1211233 in consideration of his transferring to the City Official Tax No. 1211201 and, in addition, paying $300.00 cash. having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Voung offering the following for its second reading and final adoption: (~14309) AN ORDINANCE providing for the transfer to Oscar Banks or the easterly 72 feet of City-owned real estate designated as Official Tax No. 1211233 in consideration of his transferring to the City Official Tax No. 1211201 and, in addition, paying $500.00 cash. (For full text of Ordinance. see Ordinance nook No. 24, page 3§?.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, ~ebber. Wheeler, Young, and the President, Mr. Anderson ............... NAYS: None .....................O. MOTIONS AND MISCELLANEOUS OUSINESS: NONE. There being no further business. Council adjourned. APPROVED -22.8 COUNCIL. REGULAR MEETING, Monday, February 6. 1961. The Council of the City of Roanoke met ia regolar meeting in the Coannil Chamber in the Municipal Boildlag. Monday. Fcbronry 6. lqGl. at 2:00 ,*clock. p. the regular meeting hour. mith the President. Mr. Anderson. presiding. PRESENT: Messrs. C,mall. Dillard. Pollard. #ebber. Young. and the President. Mr. Anderson ..................... 6. ABSENT: Mr. Mheeler ..............1. OFFICERS PRESENT: Mr. Barry R. Evans. Administrative Assistant to the City Manager. Mr. James N. Elocon,n. Assistant City Attorney. Mr. William F. Griggs. Assistant City Auditor. and Mr. J. Robert Thomas. City Clerk. INVOCATION~ The meeting was opened with a prayer by the Reverend Harry R. Peyton. Pastor. Calvary Tabernacle. MINUTES: Copy of the minutes of the regular meeting held on January 30. lg61. having 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing haying been set for 2:00 ,*clock. p. Monday. February 6. lgGl. off the request of Mrs. Margaret M. Haase. et al.. that their properties located on the east side of the 1600 block of Grandln Road. S. designated as Lots 19-23. inclusive. Block 16. Raleigh Court. be Fez,ned from Special Residence District to Business District. and notice of ~e hearing having been published in The Roanoke M,rid-News on January 20. 1961. and the City Planning Commission having previously recommended that the request be denied, the hearing was held. Rr. George M. Reed. Jr.. Attorney for the petitioners, appeared and advised Council that because of their proximity to Crandin Road. a heavily trareled arterial street, and the business community on 6randin Road. the properties of his clients are not suitable for residential purposes and should be rezoued as in order that bis clients may obtain maximum use therefrom. Mr. Reed presenting a petition signed by eleven business firms located on Graodin Road in which they favored rezoning of the property as requested. Mrs. Stephen B. Bogese. 202g Maiden Lane. S. M.. appeared before Council and presented a petition bearing twenty-five signatures of residents of the general area opposiog the requested rezoning on the basis that it will be detri- mental to their properties surrounding the area; that there is no need for addition- al business properties to serve the community, there presently being forty-five businesses and service establishments in the immediate area; that the new Towers Shopping Center on Brandon Avenue, now being built, will offer additional business and shopping facilities to the area; and that additional businesses ia the area will tend to create heavier traffic volume which will be an additional hazard to school cbildred using the said street. ,! Mr, Fred L, Corstapkney, IR02 Bluenont Avenue, S. ~.. appeared before Council and presented a petition opposing the rezoniog request bearing tuenty-nine slgnatnres of residents of the general area, Hr. Mehber moved to concur in the recommendation of the City Planning Commission and deny the requested rezoning. The motion nas seconded by Hr. Dillard and adopted. PETITIONS AND COMMUNICATIONS: BODGET-I~DUSTRIES: The City Clerk presented n communication fro~ the Creater Roanoke Valley Development Foundation. a~visiag that its legal representa- tives bare worked in m nJunctlon with the City Attorney's Office In preparation of a Resolution providing for the city*s participation in the efforts of that cor- poration and the Roanoke Valley Development Corporation. Incorporated. to encourage iodustrial development of the Roanoke Valley; that the said Resolution has been prepared in accordance with Council's directive at its meeting of January 23, 1961. and requesting that Council adopt the same. Dr. Cornell moved to concur in the request and offered the folloming Resolution: (~14314) A RESOLUTION expressing this Council's desire and intent to encourage the commercial and industrial development of the City an~ its environs a~d to assist certain other groups and organizations in that regard. (For full text of Resolution. see Resolution Book No. 24, page 389.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Hr. Young and adopted by the following vote: AYES: Hessrs. Cornell. Dillard, Pollard. Webber. Young. and the President, Er. Anderson .......... NAYS: None ............ O. (Mr. NheeleF absent) REPORTS OF OFFICERS: tion of $I,6T0.40 to Capital Outlay from Revenue in the Sewage TreatmentFundAPPF° priation Ordinance to provide for payment to the city for work accomplished by the Department of Public Norks in connection with the construction of a lagoon at the Sewage Treatment Plant. Mr. Young moved to concur in the request and offered the folloming emergency Ordinance: (~14315) AN ORDINANCE to amend and reordain "Non-0perating Expenses" of the 1961Semage Treatment Fund Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page Mr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Pollard and adopted by the folloming vote: AYES: Ressrs. Cornell. Dillard, Pollard. #ebber. Young. and the President. Hr. Anderson .......... 6. NAYS: None ............ O. (Hr. Nheeler absent) 230 BUDGET°STATE fllGHMAYS~ The City Ranager requested nn appropriation of $5,360,00 to provide for the payment of npprnisers sad nttorney~'~ con'action wlth condemnation proceedings for rlght~ of way on State ~oute 117, whfch co'st will become n part ur the project for improvements to the said route. Mr. Webber moved to concur in the request nnd offered Yh~ following emergency Ordlnance~ (u14316) A~ ORDINANCE to'omend and reardnin Section MI40, 'Street Construction.# of the lgR1 Appropriation Ordinance. and providing for nn emergency. (For full text of Ordinance. see Ordinance Bbnk No. 24. page 391.) Mro Nebber moved the adoption of the Ordinnnce. The motion was seconded by Mr. Young and adopted by the following vote: AYES: #essrs. Cornello Pollard, Webber/ Young, nnd the President, Mr, Anderson---~ .................. 5. NAYS: Hr. Dillard ......1. (Hr. Wheeler absent) BUDGET-JUVENILE DETE~ION ROME: The City Manager r~quested an appropria- tion of $5?6.06 to provide for the purchase of lockers, drapes and blinds at the new Juvenile Detention Bose, advising Council that these items mill be purchased by the City at the request of the State Department of Welfare and Institutions and that the entire cost thereof will be reimbursed by the state, Hr. Pollard moved to concur in the request and offered the following emergency Ordinance: (u14317) AN 0R~INANCE to amend and reordain Section ui44~ ~Departmental Equipment and Improvements," of the lq~l Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, phge 391.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Hr. Young and adopted by the following vote: AYES: Messrs. Cornell. Dillard. ~ollard, Webber, Young,' and the President, Mr. Anderson ........... 6. ' NAYS: None .............O. (Mr. Nheeler absent) SEWERS A~D STORM DRAXNS-AIRPORT: The City Manager presented-a tabulatiot of bids received for construction of a sanitary sewer line from Nelms Lane and Hearthstone Road to the Roanoke Runicipal Airport a~d recommended that Council accept the low bid submitted by Gimbert and Gimbert. Incorporated. in the amount of $nq,?g9.10, and appropriate $3q.~30.90 to cover the cost of the contract, advertising costs, etc., said appropriation to be made in the Sewage Treatment acco~ Mr. Webber moved to concur in the request and offered the following emergency Ordinance accepting the bid and authorizing a contract for construction of the sewer line: (u1431R) AN ORDINANCE accepting the proposal of Gimbert ~ Gimbert, Incor- porated, for construction of a saiitary sewer from Nelms Lane and Hearthstone Road to Roanoke Municipal (Woodrum) Airport; 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 Rook No. 24, page 392.) Hr. Webber moved the adoption of the O~dinnnce. The motio~ mss seconded by Mr, Pollard and adopted by the folloulng vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Young. and the President. Hr. Anderson .......... b, NAYS: None ............O. (Hr, Nbeeler absent) Hr. Nebber then offered the folloming emergency Ordinance appropriating necessary funds: (u1431g) AN ORDINANCE to amend and reordain *Non-Operating Expenses" of the 1961 Sewage Treatment Fund Appropriation Ordinance. and providing for an (For full text of Ordinance, see Ordinance Book No. 24, page 393.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: #essrs. Cornell. Dillard, Pollard, Webber. Young. and the President. Mr. Anderson .......... 6. NAYS: None ............O. (Mr. Mheeler absentJ AIRPORT: .The City Manager submitted a tabulation of bids received for certain work in connection mith the construction of a hangar at Roanoke Nunicipal. Airport for use by Piedmont Aviation, Incorporated. and recommended acceptance of the low bid of Frye Building Company in the amount of $134,989.95. the City Manager advising Council that Piedmont Aviation, Incorporated, has concurred in awarding the contract for the work on the basis of Frye Building Company's bid; and that it will be necessary to appropriate $135,145.0~ to cover the cost of the Department Replacement Reserve funds on a loan, based upon policy previously established by Council. offered the following emergency Ordinance awarding the contract for the work involved: (~14320) AN ORDINANCE accepting the proposal of Frye Building Company for related work in concoction with the construction of Hangar No. 4, to be leased to Piedmont Aviation, Incorporated; authorizing the proper City Officials to execute the requisite contract; rejecting all other bids; and providing for an (For full text of Ordinance, see Ordinance Book No. 24, page 393.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, #ebber, Young, and the NAYS: None ............O. (Mr. Wheeler absent) Mr. Young then offered the folloming emergency Ordinance appropriating 2'32 iw14321) AN ORDINANCE appropriating $135,145.9& from the Mater Replace- ment Reserve Account, and providing for an ewergency, (For full text of Ordinance, see Ordinance Rook No. 24, page 394.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by #r. Pollard and adopted by the following vote: AYES~ Messrs. Cornell. Dillard, Pollard. Webber. Young. and the President, Mr. Anderson ......... 6. NAYS: None ...........O. (Mr. #heeler absent) BUD6RT-ANNEXATION: The City Manager requested an appropriation of $5.458.03 to provide for payment of the accounts of Marcus A. Bieler. in the uwonnt of $76.75; Harland Bartholomew and Associates. in the amount of $3.267.00; Mrs. Eunice M. Lewis, in the amount of $89.00~ Mrs. Joyce Allred. in the amount of $66.00; Richard T. Edwards. Attorney. in the amount of $1,040.00; and Kossen Gregory, Attorney. ffl the amount of $899.28. Jn connection With the annexation proceedings. Mr. Young moved to concur in the request and offered the following Ordinance: (~14322) AN ORDINANCE to amend and reordain Section ~lSS. "Annexation," of the 1961 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section ~155. "Annexation," Of the 19bi Appropriation Ordinance. be, and the same is hereby, amended and reordained to rend as follows, in part: ANNEXATION ~155 .......................................... $ 5,458.03 Mr. Young moved the Ordinance on its first reading. The motion was seconded by Mr. Mebber end adopted by the following vote: AYES: Messrs. Pollard. Nebber. Young. and the President, Mr. Anderson .... NAYS: Messrs. Cornell and Dillard ....................................... (Mr. Mheeler absent) POLICE DEPARTMENY: Council at its meeting of January 9. 1961. having directed the City Manager to study complaints by certain negro citizens of inade- quacy of police protection, recreational activities and Supervision thereof in the negro district and submit his report and specific recommendations thereon, the repo: of the City Manager mas submitted in which he advised that he can find no evidence to support the charges of the complabnn~ since the area in more heavily policed than any other district in the city and has equal, if not mare, recreational facilities than any other area with adequate supervision, but that the policing and supervision of recreational facilities in the area will be accelerated and intensified. Mr. Dillard moved to luy the matter over until the next regular meeting of Council in order that the City Manager might be present when his report is discussed. Yhe motion was seconded by Mr. Young and adopted. REPORTS~ The City Manager submitted a report of tbs Department of Public Melfsre rot the month of December. 1960. end reported other departmental reports on file in bis office. Hr. Young moved to file the repoFt. The motion mas seconded by BF. Poilu] and adopted.*, REPORTS OF CO##ITT~ES: NONE. UNFINISHED BUSINESS~ NONE.. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 14311, rezoning property located on the south side of Melrose Avenue, N. M., west of Fnirview Cemetery, being Lot S and part of Lots 6, 7 and B, B. B. Markley Hap, from Business District to Light Industrial District, having previously been before Council for its first reading, read and laid over, mas again before the body. The City Clerk presented a communication from Fairview Cemetery Company, Incorporated, advising that pursuant to Paragraph $ Of Section 62 of the Charter of the City of Roanoke it is notifying Council that ns owner of more than twenty per cent of the property immediately adjacent in the rear of Lot $ and part of Lots ~, 7 and 8. H. B. Rarkley Hap, it protests and objects to the rezonin9 of the said property from Business District to Light Industrial District, and, also. a petition opposing the rezoning of the said lots, bearing the signatures of five owners of property lying on Melrose Avenue and County Club Drive, N. M., said communication and petition being filed with him by Mr. Earl A. Fitzpatrick, Attorney for Fairview Cemetery Company. Incorporated, immediately prior to the meeting. Rt, Milliam D. Hopkins, Attorney for N. M. Schlossberg, the petitioner for rezoning, objected to acceptance by Council of the petitions and notice pre- sented by the City Clerk on the basis that they should have been filed at the public hearing when the rezoning request was considered rather than at the present meeting. Rt. Earl A. Fitzpatrick, Attorney for the objectors, stated that in his opinion the petiti o n s were properly filed and should be accepted and that they will preclude adoption Of the rezoning Ordinance except upon the affirmative vote of five members of Council. After considerable discussion, Mr. Dillard moved to lay the matter over until the next regular meeting of Council. The motion was seconded by Dr. Cornell and adopted. AIRPORT: Council at its meeting of January 23, 1961, having directed the preparation of necessary papers for extension of a contract of Cleaves Food Service Corporation covering operation of the restaurant and allied facilities at the Roanoke Runiclpal Airport, Hr. M'ebber offered the following Ordinance: 233 234. (s14323J AN ORDINANCE providing for an extension of the City's lease Of the restaurant and certain other pr~mlses and certain personal property at Roanoke #unlclpsl Airport to Cleaves Food Service Corporation rot an additional period of five (5) years, commencing March 10, 1961, and authorizing the City Manager to acquire certain additional equipment therefor and to make certain im- provements and repairs to said airport restuarant,. MHEREAS, pursuant to the provisions of Ordinance No. 12571 of the City Council, the City heretofore, under date of November 15, 1955, entered into a lease of the City's airport restuarant and of certain other premises and items of personal property therein mentioned to Cleaves Food Service Corporation for a term of five years, which said term mill expire on March 10, 1961, said lease providing, among other things, that, by mutual agreement of the City and its tenant, said lease might, at the end of the original five-year term, be renewed and extended for an additional tern of five years; and MHEREAS, said tenant has requested in mrlting that the lease be renewed and extended for a new term of five years, commencing on March 10, 1961, and the City*s Airport Committee has recommended that such renemal and extension be granted and. in addition, that the City ManaHer be authorized to procure certain additional equipment for said restaurant and to accomplish certain repairs and improvements thereto as hereinafter mentioned; and RHEREAS, there is being appropriated contemporaneously herewith a sum sufficient to pay for the cost of the nam equipment and of the improvements and repairs hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby agree and consent to the renewal and extension of that certain lease agreement heretofore entered into by the City and Cleaves Food Service Corporation under date of November IS, 1955, and all of the terms, provi- sions and conditions therein contained, relating to the City's airport restaurant, for an additional five year term commencing on the lOth day of March, lg61, provided that the City*s said lessee shall have executed, prior to the loth day of March, 1961, three (3) copies_of this ordinance in evidence of its~coasent and agreement to the renewal and extension herein authorized. BE IT FURTHER ORDAINED that, upon the lessee*s having executed Its agreement and consent as aforesaid, the City Manager shall be, and he is hereby authorized and directed to procure the.following additional item of equipment and to accomplish the following items of improvement and repair for and to said airport restaurant, provided the same may be procured and accomplished at u cost or costs to the City not exceeding the sums hereinafter set out,.namely: 1. Procure an electric "radar range" at a cost not to exceed ........... $3o150.00 2. Provide for the tinting of the glass in the airport restaurant mlndows at a cost not to exceed ........... 500.00 3. Provide for the painting of the inter= lot of the restaurant dining room at a cost not to exceed ........... SO0.O0 and 4. Provide for the installation of certain dltioual refrigeration space for said res- taurant at a cost not to exceed .... 1,200,00 the cost of all of the foregoing to be paid by the ~ity oat of certain funds being contemporaneously appropriated therefor by the Council, Hr. Webber moved the Ordinance on its first reading. The notion was seconded by Hr. Pollard and adopted by the follomlng vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber. Young. and the President. Mr. Anderson .......... 6. NAYS: None ............O. (Mr. Wheeler absent) Rr. Webber then offered the following emergency Ordinance providing for the appropriation of funds to cover the cost of equipment and improvements provided for in the lease extension: (n14324) AN OgDINANCE to amend and reordain Section nag. "Airport.' end Section mldd, "Departmental Equipment and Improvements.# of the 19bi Appropria- tion Ordinance. and providing for un emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 3tS.) Rr. Webber moved the adoption of the Ordinance. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard. Rebber. Youn9. and the President. Mr. Anderson .......... b. NAYS: None ............O. (Mr. Nheeler absent} AIRPORT: Council at its meeting of January 30, 1961, having directed the preparation Of an Ordinance providing for leasing unto Roy C. Kinsey certain acreag~ at the Roanoke Municipal Airport under certain terms and conditions, Mr. Young offered the following Ordinance: (~14325) AN ORDINANCE authorizing the City Manager to execute a lease, for and on behalf Of the City, leasing to Roy C. Kinsey approximately 100 acres of land at Roanoke Municipal Airport for a term of S years upon certain terms and conditions, WHEREAS, the City owns within the boundary of its municipal airport and its adjacent clear zone certain lands adaptable to agricultural purposes and not immediately needed by the City in the operation of its municipal airport; and WHEREAS, Roy C, Kinsey has Offered to lease certain of said lands.from the City for the purposes and upon the terms, conditions and provisions hereinafter set forth, and the City Manager and said City*s Airport Committee have recommended that the Council authorize the lease hereinafter provided, THEREFORE, BE IT ORDAINED by the Council of the City of Roanohe that the City'Manager be, and he is hereby authorized and directed to execute a lease agreement for and on behalf of the City with Roy C, Kinsey whereby said City will lease unto the said Kinsey approximately 100 acres of land at the Roanoke Municipal Airport, the exact location and quantity of said land to be designated each year 235 by the Cityts Airport Manager and said land to be used by the said Kinsey for farm purposes only; raid lease to be for i term of $ years commencing ns of the~ 1st day Of April, 1961, and to provide for payment to the City of n rental of $?.50 per acre per year and to provide, among other things, the following: 1. That no animals or fowls shell be kept or per- Bitted on any part of the leased premises; That said lease may be terminated by either party as of March 31st of any year, provided that said party shall have given to the other, at least 30 days prior thereto, s written notice of said partyts intent to terminate said lease; 3. That said City shall have the right to terminate said lease, in whole or in part, on any date pro- viding that said City give to its said lessee 30 days* notice in Brltfng of Its intent to ~rnf- mate said lease and, upon such termination, re- imburse ~e said lessee his actual cost of such seed. fertilizer and plowing as Bay have been in- curred by said lessee during the then current lease year or pay to said lessee the value of such of his crops as Bay then be in the ground; and 4. That said land shall not be sublet nor shall said lease be assigned by the lessee without the uritten consent of the Council, first obtained. Mr. Young moved the Ordinance on its first reading. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrso Corneli, Pollard. Mebber, Young, and the President. Mr. Anderson ...................... 5. NAYS: Mr. Dillard ...... 1. (Mr. Mheeler absent) MOYIONS AN~ MISCELLANEOUS BUSINESS: ROANOKE VALLEY: Dr. Cornell stating that he has previously suggested that Council take the initiative to have informal meetings with members of the governing bodies of the various political subdivisions in Roanoke Valley for the purpose of discussing mutual problems and that no action has been taken, moved to appoint a committee of Couucil for the purpose of arranging such a meeting at a dutch treat dinner during the month of March. 1961. There being as second, the motion was lost. There being no further business. Council adjourned. APPROVED Preslded't -! COUNCIL, REGULAR HEETING, Monday, February 13, 1961, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Mnnicipal fluildJug, Monday, February 13, 1961, at 2:00 o'clock, p, the regular meeting hour, with the President, Mr, Anderson, presiding. PRESENT: Messrs, Cornell, Dillard., Pollard, Webber, Young, and the President, Mr. Anderson .................. 6, ABSENT: Mr, Wheeler ........... 1. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Hr. Janes N, Kincanon. Assistant City Attorney, Mr. Harry R. Yarns, City Auditor, and J, Robert Thomas, City Clerk. INVOCATION: The meeting nas opened with a prayer by the Reverend Bo Mozingo, Pastor, Jefferson Street Baptist Church, MINUTES: Copy of the minutes of the regular meeting held on February 6. 1961, having been furnished each member of Council, upon motion of Hr, Pollard. seconded by Mr, Young and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: BUDGET-PLANNING; The City Manager requested an appropriation of $143,00 to cover the coat of draftiu9 services in connection with the report of the Director! of Planning on the proposed municipal auditorium, Mr, Webber moved to concur in the request and offered the following emer- gency Ordinance: (=14326) AN ORDINANCE to amend and reordain Section nlJO, 'Planning Commission,~ of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 24, page 3gU.) Mr, Webber moved the adoption of the Ordinance. The notion was seconded by Mr. Young and adopted by the following vote; AYES: Ressrs, Cnrnell, Dillard, Pollard, Webber, Young, and the Presi- dent, Mr. Anderson ............. NAYS:: None .......... O. (Mr. Wheeler absent) BUDGET-ZONING: The City Manager requested an appropriation of $351.20 to defray the cost of extra help in connection with the coloring of a set of zoning maps for the Board of Zoning Appeals. Mr, Young moved to concur in the request and offered the following emer- gency Ordinance: (=14327) AN ORDINANCE to amend and reordain Section =131, 'Board of Zoning Appeals,# of the 1961 Appropriation Ordinance. and providing for an emergency (For full text of Ordinance, see Ordinance Boob No. 24. page 399,) 237 238. Hr, Young moved the adoption of the Ordinance, The motion mas seconded by Ur, Pollard and adopted by the following vote: AYES: #essrs, Cornell, Dillard, Pollard, Webber. Young. and the Presi- dent, Hr, Anderson .................. NAYS: None ...............O. (Mr. Nheeler absent) BUDGET-DEPARTMENT OF PUBLIC MORES: The City Manager requested an appro- priation of $3,900.00 to provide for the purchase of six nam snow plows, advising that eight of the city.'s present snou plows are now not usable, two of them being beyond repair, the other six undergoing repairs which will require some time, and that should additional snow come at this time the city will be unable to cope with it due to the shortage of snow plows, necessitating rental of equipment from others at a considerable cost, Mr. Pollard moved to concur in the request and offered the following emergency Ordinance: (n1432B) AN ORDINANCE to amend and reordaln Section =144, 'Departmental Equipment and Improvements." of the lq61 Appropriation Ordinance, and providing for (For full text of Ordinance, see Ordinance Hooh No, 24, page 39g.) Mr. Pollard moved the adoption of the Ordinance. The motion was Seconded by Mr, Young and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Nebber. Young. and the President, Mr. NAYS: Mr. Dillard .............1. (Mr. Wheeler absent) BUBGET-JUYENILE DETENTION HOME: The City Manager advised that equipment for the new Juvenile Detention Hame is bain9 purchased by the State of ¥irginia; and that the invoices for the said equipment will be presented to the city for pay- meat, the entire amount of which will be refunded to the city by the Commonmealth. iand requested an appropriation of $20.000.00 to pay the cost of such equipment, !Idiscounts thereon. In response to questions of members of Council, the City Manager advised that he'is unable to inform Council mhat items of equipment are being purchased and the price being paid therefor. Mr. Webber moved to lay the matter over until the next regular meeting of Council and to direct the City Manager to furnish Council an itemized list of the equipment being purchased for the Detention Home for which the funds are requested. The motion was seconded by Dr, Cornell and adopted. STALE HIGHWAYS: The City Manager reported that Mr. E. C. Stuart, the successful bidder on two houses to be removed from the right Of way on State Route liT, Peters Creek Road. has been unable to furnish a satisfactory bond for removal of the two houses and has. in writing, assigned his rights under the contract to Braxton Realty and Improvement Company; and that in his opinion Mr. Stuart*s request for approval of the assignment should be granted, the City Manager recommending that Council adopt a Resolution concurring therein, Mr, Young moved to concur in the request and offered the followin~ Reso- lution: (z14329) A RESOLUTION relating to the removal or certain structures on certain properties acquired by the City rot the widening of Peters Creek Rood. N, M. and consenting to the assignment of certain contracts therefor, (For full text of Resolution, see Resolution Uook No. 24, page 400,) Mr. Young moved the adoption or the Resolution, The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Young, and the Presi- dent, Mr, Anderson ................... 6. NAYS: None ................O, (Mr, Mheeler obsent) F IRE DEPARTMENT: The City Manager presented u tabulation of bids received by the Purchasing Agent for one fire truck chassis and one fire truck body and pump, showing the bids of Shackelford-Cox Truck and Machinery Company, in the amount of $6,9T5.00, for the chassis, and Oran Roanoke Corporation, in the amount of $0,645.52, for the body and pump mounted on the chassis, as low, the City Manager recommending that Council accept the low bids and authorize purchase thereof. In response to questions by several members of Council, the City Manager advised that he is unable to furnish details in connection with the proposed equip- ment, but will hav~ the Fire Chief present at the next regular meeting of Council if the matter can be laid over until that time. Mr. Young moved to lay the matter over until the next regular meeting of Council. The motion was seconded by Dr. Cornell and adopted. WATER DEPARTMENT: The City Manager submitted a tabulation of bids receive~ for miscellaneous street and sidewalk restoration for the Nater Department for the year 1961 and recommended acceptance of the low bid submitted by Adams Construction Company in the amount of $27o985.00, the City Manager advising that the total amount of the bid is based upon estimates of the cuts to be made by the Water De- partment in various types of pavement during the year. Rt. Young moved to concur in the recommendation and offered the following emergency Ordinance: (=14330) AN ORDINANCE accepting the proposal of Adams Construction Com- pany for performing miscellaneous, small area improved hard surface street and sidewalk 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 Book No. 24, page 401.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Nebber. Young, and the Presi- dent, Mr+ Anderson .............. 6. NAYS: None ........... O. (Mr. Wheeler absent) 239 240 REPORTS OF COMMITTEES: NONE. ONFINISI~D 80SINESS: POLICE DEPARTMENT: The report of the City Manager, covering his investi- gation of complaints from certain citizens of inadequate police protection nnd recreational facilities proyided in the negro district, having been laid over from the previous meeting Of Council, the matter mas again before the body, Mr, Reuben E, Lanson, representing the complainants, appeared before Council and stated that he has seen a copy of the City Manager*s report and that it appears the complaints have been taken care of, Mr, Lamson expressing the apprecia- tion of the citizens concerned of the action taken. Mr. Webber ~oved to receive and file the report. The motion mas seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No, 14311, rezoning from Business District to Light Industrial District the property of Mr. N. N. 5chlossberg located on the south side of Relrose Avenue. N. M** designated as Official Tax Nos. 2660411-2660414, inclusive and adjacent to Fairviem Cemetery, having previously been before Council for its first reading, read and laid over, mas again before the body. Mr, Pollard ufferin9 the following for its second reading and final adoption: (n14311) 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 Council Minutes of January 30, Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell. The question of the propriety of Council accepting statements and petition of opposition to the rezoning at the previous meeting of Council, filed by Mr. Earl A. Fitzpatrick, Attorney for opponents to the rezoning request, having been raised, the Chair ruled that the statements and petitions were properly filed and accepted by Council and consequently under provisions of Paragraph 5 Of Section of the Charter of the Citl of Roanoke, Virginia, it will require five votes of Council to adopt the Ordinance on its second reading. The Ordinance mas then lost by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, and the President, Mr. Anderson ......................................... 4. NAYS: Messrs. Nebber and Young ........2. (Mr. Mheeler absent) BUDGET-ANNEXATION: Ordinqnce NO. 14322, appropriating $5,456,03 to Section =155, *Annexation," of the 1961 Budget, having previously been before CouncI for its first read, read and laid over, was again before the body. Mr. Young of- fering the followin9 for its second reading and final adoption: (=14322) AN ORDINANCE to amend and reordain Section =155, "Annexation." of the 1961 Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No. 24, page 396.) Mr, Young moved the adoption of the Ordinance, The motion was seconded by Hr, Pollard and adopled by the following vole: AYES: Messrs, Pollard, Webber, Young, and the President, Mr, Anderson---4 NAYS: Messrs. Cornell nnd Dillard ....................................... 2~ (nr~ .~heeler absent) AIRPORT: Ordinance No, 14323, providing for the extension of the city*s lease of the restaurant and certain other premises and certain personal property at Roanoke Municipal Airport to Cleaves Food Service Corporation for an additional period of five (5) year's, commencing March 10, 1961, and authorizing the City Manager to acquire certain additional equipment therefor and to make certain improve meats and repairs to said airport restaurant, having previously been before Council for its first reading, read and laid over. mas again before the body, Mr, Mebber offering the follouing for its second reading and final adoption: (~14323) AN ORDINANCE providln9 for an extension of the City's lease of the restaurant and certain other premises and certain personal property at Roanoke Municipal Airport to Cleaves Food Service Corporation for an additional period of five (5) years, commencing March I0, 19bi, and authorizing the City Manager to acquire certain additional equipment therefor and to make certain improvements and repairs to said airport restaurant. (For full text of Ordinance, see Ordinance Book No. 24. page 396.) Mr. Webber moved the adoption of the Ordinance. The motion Was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, Webber. Young, and the Presi- dent. Mr. Anderson ..................... NAYS: None ..................O. (Mr, Wheeler absent) AIRPORT: Ordinance No. 14325, authorizing the City Manager to execute a lease, for and on behalf of the City, leasing to Roy C. Kinsey approximately 100 acres of land at Roanohe Municipal Airport for a term of 5 years upon certain terms and conditions, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Young offering the following for its second reading and final adoption: (~14325) AN OROINANCE authorizing the City Manager to execute a lease. for and on behalf of the City, leasing to Roy Co Kinsey approximately 100 acres of NAYS:' Mr. Dillard ................ 1. (Mr. Wheeler absent) 24'! 242 HEALTH D£PARTJ~NT: The City Clerk reported that Beasts, J. Carry Clay and Eugene S. Brown hive qualified as members of the Housing and Hygiene Doard, Dr, Cornell moved to file the report, The motion was seconded by Young and adopted. BONDS-DUNICIPAL AUDITORIUM: The Mayor stated that he bas been approached by various citizens interested in approval of the proposed bond issue for construc- tion of a mnnJcJpal aodltorinm with the request that there be created a citizens committee to assist in selling the bond issue to the freehold voters and requested that Council discuss this matter In executive session since it will be necessary to consider personalities in the discussion. Beasts, Cornell and Dillard stated that they are opposed to appointment of such a committee by Council on the basis that Council should not take sides in the matter; that it has discharged its duty in submission of the proposed bond issus to the freehold voters of the city in a referendum and should not try to influence the citizens either pro or con; and that if Council were to appoint a committee to support the bond issue, it should also appoint a committee to oppose the bond issue. The Mayor then withdrew his request with the statement that he would rathe not discuss the matter further until after he has had an Opportunity tn talk with the citizens who have approached him, The Mayor then pointed nut that in connection with the proposed bond issue ithe Ordinance authorizing the issuance of the bonds will become effective February 22, lgSl: that it will be necessary for Council to establish a date upon which the freehold referenduo will be held and have prepared an Ordinance providing for that election; that in accordance with a timetable prepared in conjunction with the City Attorney, the Ordinance providing for the freehold election can be introduced on its first reading on February 27, 1961, passed on its second reading on March 1961, and become effective on April 6, 1961, after which it will require twenty days for the City Sergeant to call the election as provided by law, thereby makin9 April 26, 1961, the first day on which the election may be held; and that traditionally election day in Virginia is the first Tuesday in May, therefore, if tradition followed, the election should be held on May 2, After considerable discussion of the matter, Mr. Nebber moved to direct th~ City Attorney to prepare an Ordinance calling for a referendum of the freehold voters on the question of approving the Ordinance providing for the issue of $2,200,000.00 of bonds for construction of a new municipal auditorium, said election to be held on the second day of May, 1961. Yhe motion was seconded by Mr. Pollard and adopted. Dr. Cornell moved that there be included in the election and on the ballot )rovisions for the freehold voters to indicate their choice of a site for the pro- Mr, Dillard offered a substitute motion to erect the auditorium in Ela- mood Park if the bond issue is approved bf the freehold voters, The substitute motion was lost for uant of a second. Or. Cornell*s original notion nas then adopted. There 'being no further business. Council adjourned. APPROVED ~l~k President 2~,3 COURCIL, REGULAR dEETING, donduy.'Februnry 20, 1961. The Council of the City of Ronnohe met in regular meeting ia the Council Chamber in the Hnnicipul Building, Monday, Februnry 20, 1961. ut 2~00 o'clock, the regular meeting hour, mlth the President. dr. Anderson. presiding. PRESENT~ Messrs. Cornell. Dillard. Pollard, #ebber, Young. and the President. Mr, Anderson ............. ABSENT: Br. dheeler ......1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, dr. James Kincanon. Assistant City Attorney. Mr. Barry R. Yarns. City Auditor, and Hr. J. Robert Thomas. City Clerh. INVOCATION: The meeting mas opened uith a prayer by the Reverend Edward £. Ziegler. Pastor, Williamson Road Church of the Brethren. WlNUTES: Copy of the minutes of the regular meeting held on February 13, 1961, having been furnished each member of Council, upon motion of Mr. Mebber, seconded by Mr. Pollard and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC dATTERS: NONE. PETITIONS AND GOMMUNICATXONS; DEPOSITORIES: The City Clerk presented a communication from The Bank of Virginia, requesting that Council give consideration to revising Section 1, Chapter 3. Title 5, of the City Code, establishing depositories for city funds and allocating the amount of those deposits in a percentage ratio of the total which allocates to The Bank of Virginia three per cent. Mr. E. Griffith Dodson. Jr., Attorney for The Bank of Virginia, advised Council that apparently the allocations of these funds, which mere established in 1953. were made on the basis Of the size of the banks in the city and only took into consideration the size of the branch bank of The Bank Of Virginia. whereas The Bank of Virginia is actually larger than any bank in Roanoke; and that in his opinion it mill be better to treat all the local banks equally rather than establishing percentage ratios for each of them. Dr. Cornell moved to refer the request to a committee of three members of Council to be appointed by the Mayor for study and recommendation. The motion was seconded by Mr. Dillard and adopted, Mr. dubber not voting. The Mayor appointed the following committee: Messrs. Vincent S. dheeler Chairman, Roy R. Pollard. St** and dalter L. Young. STAOXBM: The City Clerk presented a communication from the Stadium Advisory Committee, requesting that Council provide for construction Of an addition al team dressing room under the east stand at the Municipal Stadium; and that the facility be constructed in time for the fall football schedule. In this connection, Mr. Young pointed out that, upon his motion, Council, during its budget study sessions, laid over for consideration after the first of the year a request of Old Dominion Industrial Exposition, Incorporated, that the area under the east stand at the Munictpal Stadium be c~vered prior to September of 1961 mhen that corporation mill hare an industrial exhibition in the stadium ave~ Mr, Mebber moved to direct the City Manager to furnish Council un estlmat* or the cost of complying mith both the request of the Stadium Advisory Committee and the Old Dominion Industrial Exposition, Incorporated. The motion was seconded by Mr. Pollard and adopted. REPORTS OF OFFICERS: BUOOE~-ANNEXATION: The City Manager requested an appropriation of $6,$89.?6 to pay the accounts of Marcus A, Dieler, in the amount of $2,123.oo; J. H. Pence Company, in the amount of $1,364.35; J. M. Turner and Elbert B. Waldro~ in the amount of $500.00; and Miley and ~llson, in the amount of $2,602.41; in connection with the annexation proceedings. Hr. Young moved to concur in the request and offered the following Ordinance: (=14331) AN OROINANCE to amend and reordaln Section =155. "Annexation." of the lqbl Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section =155, *Annexation** of the 1961 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ANNEXATION n155 ........................................... $ 12,047.79 Mr. Young moved the Ordinance on its first reading. The motion Mas seconded by Mr. Pollard and adopted by the followieg vote: AYES: Messrs. Pollard. Nehber, Young, and the President. Mr. Anderson--4. NAYS: Messrs. Cornell and Dillard ...................................... 2j (Mr. Wheeler absent) BUDGET-ZONING: The City Manager requested a transfer of $51.20 from Salary, Extra Employees to ~tationery and Office Supplies in the Board of Zoning Appeals account of the lgGl Budget, advising that this transfer is necessitated to reallocate funds appropriated by Council by Ordinance No. 14327, adopted on the 13thday of February, lgbl, to provide for furnishing the Board of Zoning Appeals a copy of the zoning map of the city. Mr. Young moved to concur in the request and offered the following emergency Ordinance: (n14332) AN ORDINANCE to amend and reordain Section =131, "Board of Zoning Appeals,* of the lgGl Appropriation Ordinance, and providing for an emergenc (For full text of Ordinance, see Ordinance Book No. 24, page 402.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the follouiog vote: 246 AYES: Nessrs. Cornell. Dillard. Pollard, Webber, Young. end the President. Hr. Anderson ......... 6. NAYS: None ...........O. (Hr. Nheeler absent) REGISTRAR-ZONING: The City Nanager reported thor it is necessary to provide additional space.for the RegJstraF*s Office by reason of the increased work load end the number or files required; and that in his opinion the space should be provided by partitioning the office adjacent thereto occupied by the Hoard of Zoning Appeals, allocating a certain portion of the space to the Registrar' Office. Hr. Dillard moved to lay the matter over until the next regular meeting of Council to provide the Board of Zoning Appeals an opportunity to present Council its flews in the matter. The motion was seconded by Dr. Cornell and adopted. JUYENILE DETE~flON NONE: The City Wanager reported that Days Construction Company has completed its construction contract for the Juvenile Detention Home mith the exception of installing certain kitchen equipment which is to be furnished by the city and not presently available; and that Randolph Frantz ~ Associates, architects on the job, have certified completion of the work and recommend releasing $12,793.59 of the retained percentage under the contract, holding $805.43 of such retained per cent to cover installing of the kitchen equipment, the City M3nager recommending that Council authorize releasiu9 of' the funds in question. Hr. Pollard moved to concur in the request and offered the following Resolution: (m14333) A RESOLUTION authorizing and directing the City Auditor to pay to Days Construction Company, Inc., the sum of $12.793.59 due said contractors at this time for work performed under the contract for the construction of the Juvenile Detention Home. (For full text of Resolution. see Resolution Book No. 24, page 402.) Mr. Pollard moved the adoption of the Resolution.- The notion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Young. and the President, Mr, Anderson ......... NAYS: None ...........O. (Mr. Nbeeler absent) EASEMENTS-SEWERS AND STORM DRAINS-STATE HIGHWAYS: The City Manager reported that in connection with construction and improvements on State Route No. 117. it is necessary to secure a perpetual storm drain easement through the property of R, B, Layman and Dorothy H, L. Repass through which will be con- structed a storm drain carrying water from the highway to Peters Creek; that the property owners in question have agreed to convey the necessary easement' for i$36g.00; end that the cost of the easement and the drain will become aportion of the project cost for highway improvements, the City Manager recommending that Council authorize acceptance of the easement and appropriate the necessary funds therefor. Mr, Dillard moved to concur in the request smd offered the following emergency Ordinance: (n14334) AN ORDINANCE authorizing and directing the acquisition of & certain drainage easement necessary for the construction end improvement of a portion of Peters Creek Road, N. W.. (State Route 117); providing for the payment of the purchase price therefor and for certain terms of acquisition; nnd providing for an emergency. (For full text of Ordinance, see Ordinance Dunk No. 24, page 403°) Hr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES~ Messrs. Cornell, Dillard. Pollard. Nebber, Young. and the President, Mr. Anderson .......... 6. NAYS: None ............O. (Mr. Rheeler absent) Hr. Pollard offered the following emergency Ordinance appropriatin9 the necessary funds: (=14335) AN ORDINANCE to amend and reordain Section ~140, 'Street Construction," of the 1961 Appropriation Ordinance, and providing for an emergency. (Far fall text of Ordinance, see Ordinance Book No. 24, page 405.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Young, and the President, Mr. Anderson .......... 6. NAYS: None ............O. (Mr. Wheeler absent) DONATIONS: The City Manager reported that Mrs. Cladys A. Dillon has offered to dnnate and convey to the city Lot 8, Block 22, East Cate Addition, located in the 1600 block of East Cato Avenue, free of charge, the City Manager recommending acceptance of the offer. Mr, Young moved to concur ia the recommendation and offered the following emergency Ordinance: (~14336) AN ORDINANCE authorizing and directing the acquisition of Lot O, Section 22, according to the map of East Gate Addition to.the City of Roanoke, from Mrs. Gladys A. Dillon; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 405.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Yonng. and the President. Mr. Anderson .......... 6. NAYS:. None ............ O. (Mr. Rheeler absent) STREETS AND ALLEYS: The City Manager presented a request of Diamond Plastics Industries, Incorporated, that the city quitclaim any interest it may have in that portion of the northeast intersection of Rollins:Road and Preston Avenue, N. E., vacated, discontinued and closed by Ordinance No. 14302, adopted 247 -24:8 by the Council on the 16th day of January. 1961, the City Manager recommending that Council concur in the request of Diamond Plastics Industries, Incorporoted, since the city has no seed or use for the land involved end only gained the proprietary title thereto by reason of being an adjoining and abutting landowner to the portion of the street closed. Hr. Young moved to concur in the request and offered the rolloming Ordinance: (n14337) AN ORDINANCE authorizing the release to Diamond Plastics Industries. Inco, of any interest of the City of Roanoke In that 'portion of the street knomn as Hollins Road, N. E** vacated, discontinued and closed by Ordinance No. 14302, adopted January 16. 1951. RHEREAR, by the aforesaid ordinance a small triangular portion of the said street located at the northeast corner of the intersection of Dolllns Road and Preston Avenue, N. E., and more particularly described by metes and bounds iu the said ordinance, mas vacated, discontinued and closed; and RREREAS, title to each one-half of the said abandoned portion of the said street may have reverted to the adjoining or abutting landowners, Diamond Plastics Industries, Inc., being the abutting landomner on the easterly side of the said abandoned portion and the City of Roanoke being the abuttin9 landomneF on the other side; and WHRR£A$, there is doubt about the title to a small abandoned portion said street, hereinafter described, lying between the nemly established easterly boundary of Hollins Road and the property of Diamond Plastics Industries, Inc.; and WHEREAS, Diamond Plastics Industries, Inc., has requested the City to release and quitclaim unto it any proptetary interest the City may have in said small abandoned portion of said street and the City Ranager has recommended to the Council that such request be granted, it having heretofore been made ~ appear to the Council that there are no public storm drains, sewer lines, mater mains or other public utilities presently constructed in said former street and that the City has no present or future need or use for the land in said former street; and NREREA$, the Council for the City of Roanoke deems it appropriate to quitclaim and release any interest that the City may have in and to the said small abandoned portion of the said street. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials are hereby authorized to execute, acknowledge, seal and delivevto Diamond Plastics Industries, Inc., s proper deed drawn upon such form as is approved by the City Attorney quitclaimiog and releasing any Fight, title or interest mhich the City of Roanoke may have in and to the folloming described portion of Rollins Road, N. E., in the City. of Roanohe, heretofore vacated, discontinued and closed by Ordinance No. 14302 and being more particularly described as follows: BEGINNING at Corner I B at a point of tangent on the northerly side of Preston Avenue, said Point being S. BO° 35' E. 27.11 feet from the point of intersection of the northerly side of Preston Avenue produced and the easterly side of Hollies Road (80 feet made) produced; thence, math the northerly line of Preston Avenue, S. 80° 35' E. 33.14 feet to Corner I A at the southmost corner of Diamond Plastics Industries. Inc., property; thence, 'leaving Preston Avenue aid with the westerly line or Diamond Plastics Industries, Inc., property, N. 19° 45* M. 78.$2 feet to Cor- ner 2; thence, with a curved line to the right whose radius is S9S.0 feet, the chord of N. ISo 30' S6" M. 87.85 feet, to Corner 2-A on the easterly side of B,liRas Road, N. E.; thence, with the same, S. 3° 37' ¥. 121.90 feet to Cor- ner I C being a point of curve; thence, with the curved line to the left whose radius is 30.0 feet and whose tangent ia 27.11 feet cad whose chord Ia S. 38° 29' 30" E. 40.23 feet, an arc of 44.10 feet to the place of BEGINNING, containing 0.093 acre, more or less; and BEING a snail triangular portion of the original H,liRas Road located at the northeast corner of the intersection of H.liRas Road and Preston Avenue, N. Mr. Young moved the Ordinance on' its first reading. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Young, and the President. Mr. Anderson .......... 6. NAYS: None ............O. (Mr. Rheeler absent) REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: FIRE DEPARTMENT: The report of the City Manager, transmitting a tabula- tion of bids received for purchase of a truck chassis and a fire truck body and pump and recommending acceptance of the low bids received from Shackelford-Cox Truck and Machinery Company, In the amount Of $6,g75.00, for the chassis, and Oran B,an,he Corporation, in the amount of $D,645.S2, for furnishing and installing on the chassis one ?SO gallon per minute fire pumper and body, having been laid over from the previous meeting of Council, was again before the body. Fire Chief J. ¥. Brown was present and. iff response to questions of Council, stated that the chassis on which the low bid was submitted has a 2S2- horsepower engine which is sufficient to meet the requirements of the Fire Depart- ment, and that in his opinion acceptance of the two bids will furnish to the Fire Bepartnent a pump engine which will be satisfactory to the Fire Department and exceed the specifications upon which the bids were submitted. Hr. Pollard offered the following Resolution: (m14338) A RESOLUTION accepting the proposal Of Shackelford-Cox Track and Machinery Company for supplying a 1961 standard commercial truck chassis with conventional cab; authorizing the Purchasing Agent'to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 24. page 406.) Mr. Pollard moved the adoption of the Resolution. The m~tion was seconded by Mr. Webber and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Mebber, Young, and the Pres/dent, Mr. Anderson .......... 6. NAYS: None ............O. (Mr. Mheeler abseut) 249 250 Hr. Pollard then offered the following Resolution: (s14339) A RESOLUTION accepting the proposal of Oven Roanoke Corporation for supplying a fire pumper and body; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 24. page 40?.) Hr. Pollard moved the adoption of the Resolution. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Coruell, Dillard. Pollard. Webber. Young. and tbe President. Mr. Anderson ......... NAYS: None ...........O. (Mr. Yheeler absent) BUDGET-JUVENILE BEYENTION DOME: Council at its previous meeting having laid over a request of the City Manager for au appropriation of $20,000.00 for use in paying the cost of equipment and other incidental costs being purchased for the new Juvenile Detention Dome by the State Purchasing Department for which the city mill have to pay and the total cost of which mill be refunded to the city by the state, and having directed the City Manager to furnish Council mitb a list of the equipment to be purchased, the City Manager submitted to Council u list of equip- ment being purchased by the state totaling an estimated $16,72q.69. along with certain other items of equipment for which no estimate of cost is available. advising that it will be necessary to construct shelves and supply rooms, land- scape the property, provide a playground and equipment therefor for which no estimate is available at this time; and that his request for an appropriation at this time is to provide for payment of the equipment purchased by the State Purchasing Department as received, in order to take advantage of the cash dis- counts on the invoices. Mr. Pollard moved to concur in the request of the City Manager and offered the following emergency Ordinance: (n14340) AN ORDINANCE to amend and reordain Section n142, *Transfer to Improvement Fund,* of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 406.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Messrs. Coruell, Dillard, Pollard, Webber, Young, and the President, Mr. Anderson ......... NAYS: None ...........O. (Mr. Mheeler absent) ZONING: Council at its meeting of January 30. 1961. having referred to the City Planning Commission for study and recommendation u petition of Emmett amd Martha R. Jones that tieir property designated as Lot 7, Block 2, Howell Addition, Official Tax No. 2660315, located at 1010 Thirty-fifth Street, N. be rezoned from General Residence District to Light Industrial District, the City Planning Commission submitted its report, advising thst the neighborhood is pre- dominantly residential, and that the rezonlng thereof will be detrimental to the residential neighborhood, the City Planning Commission recommending denial o3 the request. The City Clerk advised that the petitioners desire a public hearing in the matter. Mr. Mebber moved to.set a public hearing on the request for 2:00 o°clock, p. m., March 20, 1961, in the Council Chamber, and to direct the Attorney for the petitioners to prepare the proper notice of such 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. ZONING: Council at its meeting of January 30, 1961, having referred to the City Planning Commission for study and recommendation a request of Elvin N. a~d Mildred S. Ingram that their property designated as Lot 10. Block 3, Grandln Court, Official Tax No, 1551014, lying on the south side of Montvale Road, S. between Guilford Avenue nod Barham Road, be rezoned from General Residence District to Special Residence District, the City Planning Commission submitted its report, advising that the property in the general vicinity of the petitioners' property bas a remarkable concentration of duplex residential structures averaging about thirty years old; that the area is in a period of transition from single family use to multi-family use; and that the petitioners' property is suitable for erection of a multi-family dwelling, in consequence of which the Commission has concluded that the proposed structure will be in keeping with the general nature of the neighborhood and compatible with surrounding land uses, the City Planning Commission recommending that the request be granted. Hr. Webber moved to set a public hearing in the matter for 2:00 o'clock. p. m., March 20, lgGl. in the Council Chamber, and to direct the Attorney for the petitioners to prepare the proper notice of such 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 ORDINANCES AND RESOLUTIONS: AIRPORT: Council at Its meetin9 of January 30, 1961, having directed the preparation of an Ordinance amending the Code of the City of Roanoke to pro- vide for elimination of certain landing fees and to make other changes in the charges at the Municipal Airport, Mr. Webber offered the folloming emergency Ordinance: (u14341) AN ORDINANCE to amend and reordain certain sections of Chapter 5, Title VIII, of The Code of the City of Roanoke, 1956, relating to the City*s municipal airport, viz.: Sec. 9, establishing charges applicable to certain transient aircraft; Sec. 10, establishing charges applicable to certain commercial i users of the municipal airport; and Sec. 14, establishing charges applicable to the parking of certain aricraft at the municipal airport; and. further providing for an emergency. (For full text of Ordinance, see Ordinance Book, No. 24, page 409.) 252 Mr. Yebber moved the adoption o~ the Ordinance, The motloa was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Coraell, Dillord. Pollard, Webber, Young, and the President, Mr. Anderson ......... 6. NAYS: None ...........O. (Mr. Wheeler absent) MOT/OHS AND MISCELLANEOUS BUSINESS: PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Mr. E. O. Lynch appeared before Council and requested that he be advised what action has been taken in connection with the citizens' request in the northeast area of the city that Niniuger Oahs property be acquired for park purposes. The Mayor advised Mr. Lynch that a committee of Council which studied the matter filed a report, recommending that the request, along with numerous others for park and recreational facilities, be held in abeyance for further study and possible suhmisslo~ to the electorate lo a bend referendum; and that the report of the committee is a~ailable in the office of the City Clerk should Mr. Lynch desire to examine it. TAXES-ASSESSMENT OF PROPERTY: Mr. H. F, Stoke, 1436 Natts Avenue, N. N., appeared before Council ned stated that in his opinion the procedures for assessing real estate in the City of Roanoke are inequitable and produce assessments on real properties which are not in conformance with the law. Mr. Stoke saggesting that the city employ a competent organization, free from local pressures and prejudices, to reassess property in the city. The Mayor advised Mr. Stoke that the assessment of real estate is not controlled by Council. but rather by state law and the courts. OFFICE HOURS-CXTY EMPLOYEES: Dr. Cornell stated that Ordinance No. 143OB. adopted on the 30th day of January, lqGl. on his motion, has not been interpreted on the basis of his intent; and that certain members of the Police and Fire Departments are in danger of losing some of their days off, Dr. Cornell presenting two subsections which he proposed be added to Section 11, Chapter 3. Title 2. of the City Code, in lieu of the amendment enacted under Ordinance No. 14308. Dr. Cornell moved to refer the matter to a committee composed of Messrs. Denton O. Dillard. Chairman, Nlllis M. Anderson and Walter L. Young for study and recommendation. The motion was seconded by Rt. Pollard and adopted. DEPARTMENT OF PUBLIC WORKS-CITY GAR/GE: Dr. Cornell stated that he bas been advised that city truck No. 553, operated by the Sanitation Department, was ix an accident on the 2gth day of January of this year. involving damage to three automobiles in the Telephone Company parking lot. due to faulty brakes on the truck; that he has also been advised that numerous pieces of city equipment are in deplorable condition and are unsafe for operation, constituting a menace to llfe and property; that on one occasion recently a piece of city equipment had had a wheel fall off while running along the street; that brakes on equipment won't hold; that the truchs operated by the city sill not start is t~e mornings and have to be tosed to start the engines; mud thot im his opinion the city shoold hcve its actor equipment inspected by scan outside agency to dotersine the extent of this condition. la reply to a question, Mr. G. P. Spradlino Superintendent of the City Garage, advised tbot city equipment is not being operated in un unsafe condition; that the driver of truck No. 553 reported on January 27. 1961. certain deficiencies iu operation of the equipment, including emergency broke fa'ilures; that the truck sas repaired on January 28, 1961, nnd placed back in service uith the understanding that the driver scald exercise reasonable precaution in use of the emergency brahe since it mas necessary to order parts to repair the device which locks the emergenc brake on. the driver of the truck being so instructed; that the reason that the truck sas placed back in operation pending receipt of the parts was that no other truck was available to replace it at that time. Mr. Spradlin stntin9 that all city equipment operoting from the City Garage is inspected monthly by the Garnge personnel and is inspected under the state's inspection Jam each six months by an outside agency. Wt. Dillard noted to direct the City Manager to Investigate the condition of the cityes motor equipment and submit a report thereon to Council. The motion sas seconded by Mr. Webber and adopted. DEPARTMENT OF PUBLIC WELFARE: Mr. Dillard stated that there has been considerable discussion of unemployment in the city through the public news media; und that the President of the United States has moved to make government surplus foods available to distressed areas for distribution to needy citizens, and moved to direct the City Manager to investigate the availability of federal surplus food, the possibility of securing such food for distribution to needy persons in the city, and the practicability of the city applying therefor ond distributing the same to its needy citizens, and thereafter submit his report and recommendations to Council. The motion was seconded by Dr. Cornell and adopted. There being no further business, Council adjourned. APPROVED President 253 2.5.4 COUNCIL, REGULAR MEETING, :Monday, February 27, lgGl. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, February the regular meeting hour, with the President, Mr. Anderson, presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Mebber, Mheeler, Young. and the President. Mr. Anderson ............. ABSENT: None .................O. OFF ICERS PRESENT: Mr. Arthur Kiucanon, Assistant City Attorney, Mr. Barry R. Yates. City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened Mith a prayer by Captain Kenneth O. Johnson, Salvation Army. MINUTES: Copy of the minutes of the regular meeting held on February 20, lgbl. having been furnished each member of Council, upon motion of Mr. Nheelee, seconded by Ur. Cornell and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearin9 having been set for 2:00 o'clock, p, m,. Monday, February 27, 1961, on the request of Diamond.Plastics Industries, Incorporated, (Creative Packaging, Incorporated) that a 15,036-acre tract of land lying on the easterly side of Hollins Road, N, E,, between the Corporation's plant site and the north corporate limits of the city, and being a portion of Official Tax No, 3300101 be fez*ned from General Residence District to Light Industrial District, and notice of the hearing having been published in The Roanoke World-Nems on February 10, 1961, and the City Planning Commission having previously recommended that the request be granted, the hearing wes held at which no one appeared in opposition. Mr, E, Grfffith Dodson, Jr,, Attorney for the petitioner, appeared before Council and stated that his client has purchased this property to provide for fu- iture plant expansion as needed, Mr, Oodson requesting that Council concur in the lrecommendation of the City Planning Commission and grant the requested fez*ming, Mr. Young stated that some of the citizens residing in the area have com- lained of noise from ventilating fans installed in the existing plant last year, and, in response to his question, the petitioner advised that this matter has been called to its attention by the residents and that measures are now being taken to eliminate the noise from the fans. Hr. Webber moved to concur in the request and the recommendation Of the City Planning Commission and offered the following Ordinance: (~14342) 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, WNERRAS, application has been made to the Council of the City of Roanoke to have property consisting or 15.036 acres lying on the east side of Rollins Road. N. E., being Official Tax No. 330010?, rezoned rrou General Residence District to Light Industrial District; and R~EREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from General Residence Oistrict to Light Industrial District; 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 notice was held on the 2Tth day of February. 1961, at 2:00 o'clock, p. m.. before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an op- portunity to be heard both for and against the proposed rezoning; and WBER£AS, this Council. after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. YI~REFORE, BE IT ORDAINED by the Council of the City of Roanoke that Zltle X¥. Chapter 4. Section 1, of The Code of the City of Roanoke, 1955, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located onthe east side of Dollins Road, N. £. {Virginia State Highway Route No. 115). containing 15.03hacres, fronting approximately 393.53 feet on the east side of Hollins Road and extending in an easterly direction 9D~.33 feet ; to the center of Tinker Creek on the southern boundary and along the southerly and easterly boundaries of the property of Mildred Coon Hill and the south bank and centerline of Carvins Creek to the centerline of Tinker Creek on the northern and designated on Sheet 330 of the Zoning Rap as Official Tax No. 3300107, be, and is hereby, changed from General Residence District to Light Industrial District,ii and the Zoning Map shall be changed in this respect, Mr, Webber moved the Ordinance on its first reading. Yhe motion ~as sec- onded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Corneil, Dillard. Pollard, Webber. Wheeler. Young, and the President, Wro Anderson .......... 7o NAYS: None ............O. ZONING: A public hearing havin9 been set for 2:00 o'clock, p. m., Monday, February 27, 1961, on the request of Mrs. Helen E. Blankemeyer that her property fronting 210 feet on Wtlliamson Road, 110.9 feet on Woodbury Street and 240 feet on Whitney Avenue, described as Lots 2, 3. 4, 16, 17 and 10, Block 0. Airlee Court, be rezoned from Special Residence District and General Residence District to Business District, and notice of the hearin9 having been published in Zhe Roanoke World-News on February 10, 1961, and the City Planning Commission baying previously recommended that tbe request be denied, the hearing was held. '255 2.56 A copy of · petition, filed with the City Planning ConwissJono bearing the signatures of fifteen residents of the immediate area opposing the requested rezon- fog. was before Council, flee of the petitioners uppeorJog Jn person end pointing out that Mrs, Dlankemeyer*s property lies in a triangle between Milliauson Road and ~hltney Avenue; that the properties fo the block no Mbftney Avenue are ell zoned for General Residence; and that the erection of · business establishment on Mrs, Blankeneyer*n property will be detrimental to their property values, Mr, George W, Reed, Jr,, Attorney for the petitioner, appeared before Council and pointed out that his elient*s property is no longer suitable for resl- deutial purposes since it fronts on U, S. Route 11, one of the most heavily traveled highways in the state, and, in addition, is practically surrounded by business, including the Crossroads Shopping Center being constructed immediately across the street, Mr. Reed stating that his client has had several offers to purchase the property if it were usable for business purposes; and that denial of the requested rezoning will deny his client proper use thereof, In response to a question of Council, Mr. Reed advised that his client has :,no specific plans for business use of the property concerned. Mr, Dillard moved to deny the request. There being no second, the motion iiwas lost, Mr, Pollard moved to table the request, explaining that this action will permit the property owner to renew it if and when a definite use of the property for ZONING: A public hearing baying been set for 2:00 o'clock, p. m., Monday. iFebruary 2?, 1961, off the request of Mrs. Pete $. Stamoulls, et al., that their pro- ipertie$ located on the north side Of Melrose Avenue, N. W., between Twenty-first · iiStreet lot Block 87 Melrose Land Company be rezoned from Special Residence District to : , afl g navln9 been published in The Roanoke World-News on February 10, 1961, and the City Planning Commission having previously ] recommended that the request be denied, the hearing was held at which no one appeared in opposition. Mr. Alexander N. Apostolou, Attorney for the petitioners, appeared before Council and advised that his clients* properties are located at the intersection of Melrose Avenue and the Salem Turnpike, which connects U. S. Route 460, between Orang, Avenue and Melrose Avenue; that there is a traffic light located atthis intersectio that the traffic, particularly heavy trucks, stopping and startingat this Jotersec= tiao makes it impossible for the property to be used for residential purposes; that the people living in the block are unable to sleep at night; and that most of the area along Melrose Avenue is already zoned for business, Mr. Apostoloo pointing out that the absence Of opposition indicates that adjacent property owners do not feel that rezoning will have adverse effect upon their residential properties and request. inn Council to grant his clients* petition for tezoning. · Mr',' Dillard moved to concur in the request and offered the folloming Ordinance:' (a14343) AR ORRIRANC£ to amend and reenact Title XV, Chapter 4, Section 1, of The Codh of the City of Roanoke, 1956, in relation to Zoning,. RH£RRAS, application has been made to the Council of the City of Roanoke to have property located on the north side of Melrose Avenue, N, W** between Twenty- first Street and Tmenty-second Street, described as Lots 9-12, inclusive, and Park Lot, Block O?, Melrose Land Company, Official Tax Nos, 2321009-2321013, inclusive, reached frou Special Residence District to Business District; and WH£R£AS, the City Planning Commission, to mhom this matter mas referred bi the Council, has recommended to said Council that the requested rezoning be denied; and WHERRAS. 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 Roanoheii World-News,~ a newspaper published in the City of Roanoke. for the time required by said section; and MDEREAS, the hearing ns provided for in said notice was held on thc 2?th day of February, 1961, at 2:00 o'clock, p, m., before the Council of the City of Roanoke, at which hearln9 all parties in interest and citizens were given an oppor- tunity to be heard both for and against the proposed rezoning; and MBEREAS, this Council, after considering the evidence presented and despite the aforesaid recommendation, is of the opinion that the hereinafter described land Should be rezoned as requested. THEREFORE, DE 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, 1956, relating to Zoning. be amended and reenacted in the following particular and no other, viz.: Property located on the north side of Melrose Avenue, N, W.. between Twenty-first Street and Twenty-second Street. described as Lots 9-12, inclusive, and Park Lot, Block R?, Melrose Land Company. designated on Sheet 232 of the Zoning Rap as Official TaxNos, 2321809, 2321610, 2321811, 2321612 and 2321013, be, and said property is hereby, changed from Special Residence District to Business District, and the Zoning Rap shall be changed in this respect. Mr. Dillard moved the Ordinance on its first reading. The motion was sec- onded by Or. Cornell and adopted by the following vote: Ji AYES: Messrs. Cornell, Dillard, Pollard, Webber, ~heeler, Yonng, and the President, Mr. Anderson .......... ?. NAYS: None ............ O. PETITIONS AND COMRUNICATIONS: SER£RS AND STORM DRAINS: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, requesting that the contract of September 20 1954, between the city and the county, dealin9 with the treatment of domestic and 257 · 258 · commercial mastes, be amended by adding thereto Edgehill Estates, Section 4, contnim lag approximately 36 1/2 acres and lying In the county, South of the cityos corporut limits. Hr. hheeler norad to refer the request to a committee composed of Ressrs, Roy L. Webber, Chairmen, Walter L. Young, Ar th~r S, Owens and Randolph G, Whittle for study and recommendation. The motion uss seconded by Mr, Young and adopted, SALE OF PROPERYY: Yhe City Clerk presented a communication from Central Atlantic States Hlsslon of The Church of Jesus Christ of Latter=Hay Saints. offering to purchase a parcel of city-owned property lying on Brnmbleton Avenue. S, H., bet- ween Welch Road and Overland Drive, at a price of $15.000.00, and advising that it plans to erect upon the property a mission home for the mission president for his study and offices and also for residential purposes for a few missionaries. .The City Clerk also presented a communication from RF, J, Htlson Ingrau, stating that Jn his *mn behalf and on behalf of other residents near the property in question, it is requested that Council defer consideration of the request for a period of six weeks in order that the affected property owners can meet with the church officials and have an opportunity to discuss the proposed use of the land and the type of structure contemplated to be erected thereon. Mr. M. Il. Christley, a representative of the church, appeared before Coun-' cji and stated that he is entirely agreeable to the request of Hr. Ingram with whom he has already been in contact; that the church intends to discuss with the resident of the area Its proposals for use of the property, Mr. Chrlstley asking that Council concur ia Yr. Ingram's request. Rro Rheeler moved to defer consideration of the matter for six weeks and in the meantime to refer the request to a committee composed of Ressrs. Arthur S. !lOwens, Chairman, Randolph G. ~hittle and Harry R. Yates for study as to the value a~ potential city use of the property and submission of its report and recommendation thereon. The motion was seconded by Hr, Dillard and adopted. LICENSES: The City Clerk presented a communication from Diamond Chevrolel Corporation, requesting that Council give consideration to reducing the license tax on merchants. Mr. Hobber moved to refer the request to a committee composed of Ressrs. Randolph G. Hhlttle, Chairman. Harry R. Yates, Andrew W. Gilbert and Charles M. Cornell for study along with its other assignments in connection with the license tax structure, The motion was seconded by Hr. Pollard and adopted, SEWERS AND STORM DRAINS: The City Clerk presented a communication from Mr, E. Randolph Nichols, requesting that some action be taken immediately to relieve flood water conditions on Chatham Street, lying west of Milliamson Road. Mr. Dillard moved to refer the request to a committee of Council members to be appointed by the Mayor for study and recommendation. The motion mas seconded by Dr. Cornell and adopted. The Mayor named to the committee Dessrs. Denton O, Dillard. Chairman, and Charles #, Cornell. REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUDLIC WELFARE: The City Damager reported that pur- suant to a directive of Council at its meeting or February 20, 1961, he has investi- gated the availability of federal surplus food; the. possibility of securing such food for distribution to needy persons in the city in connection with the present needs of the community in connection with the unemployment situation; that the best information available indicates that it alii be approxim.ately three to four weeks before it will be posslbl~ to obtain any surplus foods and, in addition, there will be considerable cost involved for warehousing, refrigeration, transportati?n and distribution of such food; and that in his opinion by the time the necessary prone- ~ures are followed the critical ~mergency perhaps will have subsided, the City Mann- gev suggesting, however, that he be authorized to proceed mith the necessary proce- dures to make the city eligible to receive federal surplus foods and recommending that Council appropriate $5,~00.00 ,to the Emergency Relie~ account and $315.00 to the Extra Employees account in the Welfare Department budget to meet the present needs. hr. ~. Earl Andrews, representing the Red Cross, Salvation Army and Family!! Service, all members of the United Fund, appeared before Council and .stated that requests from u~employed families in the Roanoke area have increased in number from 156 to 417 during the months of December. January and February as opposed to the same months in the previous year; and that the organizations he represents have expended all the funds they have available for such cases at this tine and are no longer able[ to meet the demands for relief of these people, Mr. Andrews pointing out that of the 417 families serviced by these organizations this year, 325 are residents of the City of Roanoke, including 606 adults and D79 children, and stating that these agencies have continued to receive increased requests since the computation of these figures which were closed as of February 24, 1961; that in the opinion of his:group immediate action is necessary in order to provide for the needs of these people; and that he and his associates concur in the recommendations of the City Manager. Mr. Young moved to direct the CltI Manager to ute the available funds appropriated for emergency relief in the Department of Public Welfare account to pro vide for necessary items for relief of the needy citizens and when said funds are substantially expended to report the additional needs to Council, and to make the necessary arrangements to apply for surplus federal food for relief of the needy peo pie in the City of Roanoke. The motion mas seconded by Mr. Dillard and adopted. Mr. Young then offered the following emergency Ordinance appropriating fonds to provide for additional help in the Department of Public Welfare: '259 260 (a14344) ANORDINANCE to amend and reordain Section a52, UPnblJc Assis- taoce,' of the 1961 Appropriation Ordinance, nnd providing for nn emergency, (For full text of Ordinance, see Ordinance Book ~n, 24, page 412.) Nr. Young moved the adoption of the Ordinnnce. The motion was seconded b NF. Dillard and adopted by the following vote: AYES: Messrs. Cornel1, Dillard, Pollard, Webber, Wheeler, Young, and the President. Ir. Andersen .......... NAYS: None ............ O. BUDGET-ANNEXATION: The City Manager requested an appropriation of $2,082, to provide for payment of the accounts of Marcus A. Oleler, in the amount of $2,007.50, and Quick Realtors, in the amount of $75.000 in connection with the annexation proceedings. Rro Young stated that there is on CouncllOs agenda, on its second reading, Ordinance No. 14331, appropriating $6,569.76 to the same account, and moved to amend the said Ordinance to provide for the appropriation of an additional $2,082.50. covering the City Manager*s present request, and, also, to provide for an emergency. The motion Was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Pollard, Nebber, Wheeler, Young, and the President, Mr. Anderson ......................................... 5. NAYS: Messrs. CorneIl and Dillard .....2o Mr. Young then offered the following Ordinance, as amended: (=14331) AN ORDINANCE to amend and reordain Section =155, "Annexation,~ of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 410.) Mr. Young moved the adoption of the Ordinance. The motion Was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Pollard. Webber, Wheeler, Young. and the President, Mr. Anderson ......................................... 5. NAYS: Messrs. Corn*Il and Dillard .....2. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSIh~SS: REGISTRAR-ZONING: The proposal of the City Manager to partition the offic, of the Board of Zoning Appeals to provide additional space for the Electoral Board hating been laid over from the previous meeting of Council. was again before the body. Hr. 5. H. Barnhart, Chairman of the Board of Zoning Appeals, appeared berg Council and stated that if the Board*s office Is partitioned in the middle, depriv- ing it of one-half of the office, the space remaining will be Insufficient for con- duct of the Boardes business since the room is only 15 by 25 feet; that he and the other members of the Board have considered the matter and they will agree to release the northerly 10 feet of the office, provided a solid partition is built and the communicating door between the tw.o offices, concerned moved to the northern 10 feet of the dividing mall, mhich will leave a minimum amonnt of room in which t~e Board cnn conduct its affairs, The City Manager advised that in his opinion this will meet the needs of the Electoral Board end will solve the problem. Mr. Mheeler moved that Council concur in the division or space in the of- rice occupied by the Board of Zoning Appeals as suggested by Mr. BarnhaFt and con- curred in by the City Manager. The motion mas~ seconded, by Mr., Young and adopted. HOUSING-SLUM CLEARANCE: Cocncil at its meeting ~f November 14, 1960, hav- ing referred to the, City Planning Commission f~r stcdy and recommendation a report of the City of Roanoke Redevelopment and Housing Authority. transmitting proposed Plan Amendment No. 2 to the Commonwealth Redevelopment Project, as prepared by Jach M. Kendre~, and ~he City ~lanning Commission, on De,ember 9, 1950, having submitted a report in which it generally approved the Amendment No. 2, as scbmitted, mith the exception of that portion dealing with the permitted land use, the Commission sub- ~itted ~n additional report, transmitting its recommendation for permitted land uses In the Commonwealth Redevelopment Project area if Amendment Ho. 2 to the Plan should be adopted by Council, which is more restrictive than the permitted land, uses rec- ommended in the Kendr~e report. After considerable discussion of the matter. Mr. Webber moved ~o receive and file the report of the City Planning Commission with the original reports sub- mitted by the Planning Commission and the Housing Authority. The motion was sec*nde* by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES A~D RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 14337, authorizing the release to Dia- mond Plasticslndustries, Incorporated, of any interest of the City or Roan.he in that port,on of the street known as Rollins Road, No E** vacated, discontinued and close~ by Ordinance No. 14302, adopted January 16, 1951, having previously been be- fore Council for its first reading, r~ad and l~id over, was again before the body. The City Clerk presented o communication from Duds*n. Pence ~ Coulter, Attorneys for Diamond Plastics Industriest Incorporated, advising that that corpora- tion has be~n consolidated with Creative Packaging, Incorporated, another subsidiary of its parent company, and consequently the name of Diamond Plastics Industries, Incorporated, in the Ordinance under consideration should be changed to, Creative Packaging, Incorporated. Mr. ~ebber moved to amend Ordinance No. 14337 so that present references therein to Diamond Plastics Industries, Incorporated, be changed to Creative Pack- aglngt Incorporated. The motion was seconded by Mr. Young and adopted by the fol- lowing vote: 261 2.62 AT£S: Hessrs. Cornell, Dillard, Pollard, Hebber, ~heeler, Young, end the President, Hr. Anderson .......... 70 ~A~S: ~oee ............ Hr. Young offered the following Ordinance, as emended, rot its second reading nnd final adoption: (=14337) AN CeDINANCE authorizing the release to Creative Packaging, Incorporated, of any interest of the City of Roanoke in the* portion of the street knomn as Hollias Road, N. £o, vacated, discontinued and closed by Ordinance 14302, adopted Januaryl6, 1961. (For full text'of,Ordinence, see Ordinance Book No. 24, page 410.) , Hr. Yonn~ moved the adoption of the Ordinance. The motion mas seconded by Hr. Hheeler and adopted by the following vote: AYES: .Ifessrs. Corn*Il, Dillard, Pollnrd,'~ebber, Hheeler, Young, and the President,. Hr.'Anderson .......... ?. .. NAYS: None ............ O. BONDS-WONICIPAL AUDITOR IUM: Council at its meeting of February 13, 1961, having directed the preparation of an Ordinance providing for a special election on Ray 2, 1961, for submission to the freehold voters of the city, the question of ap= ~lproving Ordinance No. 14304, providing for the issue of $2,200,000.00 of bonds, and, in addition, on the same ballot, submit to the same voters in a referendum the quas- i[*ion of their choice as to the location of the proposed auditorium between two sites i riz.: Elmwood Park and the old American Legion Auditorium site at Shenandoah Avenue and Willlamson Road, N. E., Mr. Dillard offered the following Ordinance: (=14345) AN ORDINANCE directing and providing for the holding of an elec- tion ia the City of Roanoke, Virginia, to determine whether the freehold voters of the City of Roanoke will approve an Ordinance No, 14304:, duly adopted by the Council of the City of Roanoke on the 23rd day of January, 1961, relating to the issue of general obligation bonds of said City in principal amount not to exceed $2,200,000 to provide f ands to pay for the costs of a needed' permanent public lmproveeent , to- wit: a new municipal auditor/aml and, farther, to take the sense of the freehold voters on their preference of certain sites proposed for the location of said new municipal ~uditorium, BE IT ORDAINED by the-Council of the City of Roanoke, Virginia, as follows 1o An election shall be held in the. City of Roanoke on the the 2nd day of Ray, 19~1, for the following purposes, namely: (a) To determine mhether the freehold voters, will approve the.following Ordinance: - No, 14304, , · · AR ORDINANCE to provide for the issue of' general obligation bonds of the City of Roanoke, Virginia, in principal amount not to exceed Two Million Hundred Thousand Dollars ($2,200,00) to provide funds to pay for the cost of · needed permanent public improvement , to-wlt~ a new mun.lclpal anditoriumUl end (b) To tske the sense of the freehold voters on their preference as between Elmwood Park end the old American Legion Auditorium site as the location of a proposed new m~nicipal auditorium. 20 The Sergeant of the City of Rosa*ks and the Judges of election here inafter designated are hereby directed to open polls at the several voting places in the City of Roanoke on the 2nd day of Ray, 1961, for the purpose of submitting said Ordinance to the freehold voters of the City of Roanoke for approval and, further, f~r taking the sense of the freehold voters on their preference as between Elmwood Park and the old American Legion Auditorium site as the location of a proposed nem municipal auditorium. 3. The Sergeant of the City of Ro3noke is hereby directed to give public information of said election, setting forth the time and place thereof by publishingI notice of the same in a newspaper of general circulation in said city and published in said City, for the space of ten dayse 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 City of Roanoke are hereby appointed to conduct said election, and in case of failure of any one or more of them to act, then the place or places of such shall be filled in the manner provided for in case of regular elections. $. The electoral board of the city of Roanoke shall, as. provided by law and 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 May 2, 1961 QHESTION: Shall Ordinance NO. 14304 adopted by the Council of the City of Roanoke on the 23rd duy of January, 1961, entitled "AN ORDINANCE to provide for the issue of general obligation bonds of the City of Roanoke, ¥1rgioia, in principal amount not.to exceed T~o Million Two Hundred Thousao4 Dollars ($2,200,000) to pro- vide funds to pay for the cost of a needed permanent public improvement, to-wit: a new municipal auditorium', be approved? [] FOR ~] AGAINST 263 .64 The following is printed on this ballot pursuant to the provisions of Section 47 of the Charter of the City of ~onnoke: #The City Council ie authorized if necessary to increase the tax rate above two dollare and fifty cent ($2,50) on the one hundreddollars ($100) of assessed value or real and personal property to pay the principal and interest of any bonds approved by this election,u Q~ESTIO~: If a new mnnlclpal auditorium is authorized to be provided, shall It be located in £1mwood Park? [] FOR [] A gA I NS T OUESTION: If a new municipal auditorium is authorized to be provided, shall it be located on that certain 2.2 acre site bounded ua the north by Nails Ave- ;nun, on the east by 2nd Street. on the south by Shenandoah Avenue and on the west by ~iliiam$on Road and sometimes referred to as the old American Legion Auditorium site' 6. The ballot shall be prepared in conformity with the provisions of !Section 24-141 Code of Virginia, lgSOo and each voter shall math his ballot in the i!manner prescribed by said section. Such ballots shall be delivered to the judges of election, for use in the said election, in the same manner as ballots are delivered to the judges of election in regular elections. 7. Said election shall be conducted in the manner prescribed by law for the conduct of regular elections. 6. Yhe Judges of election shall Immediately after the closing of the ~olls count the ballots deposited and shall within two days thereafter make written :etnrn of the result of said election to the City Clerkt specifying the number of votes cast for and the number of votes cast against each of the questions 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 bal- lots 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 wltbout the order of Council. Mr. Dillard moved the Ordinance on Its first reading. The motion was seconded by Mr. Nheeler and ad,opted by the following vote: AYES: Messrso Cornell, Dillard, Pollard. Nebber, #heeler, Young, and the President, Mr. Anderson .......... NAYS: None ............O, MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. I A P P R 0 V E O ~ ........ Presideat {I COUNCIL, REGULAR MEWING, Monday, March 6, 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, March 6, 19bi, at 2300 **clock, p, m., the regular meeting hour, with the Vice President, Mr. Mheeler, presiding. PRESENT: Messrs. Cornell. Dillard, Pollard, Mebber. Young. and the Vice President, Mr. Mheeler ABSENt: The President, Mr. Anderson .........1. OFFICERS PRESENT: Mr. Arthur $. Oweas, City Manager, 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 Dr. Alan p. Nealy. Pastor, Rosalind Hills Baptist Church. MINt~ES: Copy Of the minutes of the regular meeting held on February 27, 1961, having been furnished each member of Council, upon motion of Mr. Pollard, seconded by Mr. Young and adopted, the readln9 was dispensed with and the minutes approved as recorded. H~ARING OF CITIZENS UPON PUBLIC MATTERS: BONDS-MUNICIPAL AUDITORIUM: The City Clerk presented a Resolution of the Roanoke Junior ~hamber of Commerce, Incorporated. advising that in connection with the proposed municipal auditorium it does not believe that the freeholders should be asked to vote on the old Aeerican Legion Auditorium site as a possible location for the new structure; that the arena portion of the proposed structure, mhich mill have approximately 3.000 permanent seats, is. in its opinion, not adequate; and that if a double deck structure is erected, the arena and the theatre portions Of the building mill conflict mith each other, the Roanoke Junior Chamber of Commerce recommending that Council consider erection of two separate structures, one a 2,500 seat auditorium in Elm~ood Park and the other a 7,SO0-D,O00 seat coliseum on a site removed from the downtown area. and pledging its wholehearted support of a referendum if these conditions are met. Mr. Hampton R. Thomas, President Of the Roanoke Junior Chamber of Commerce, and nine other members of that group, appeared before Council in support of the Resolution and stated it to be their belief that the citizens of the city who sill vote fna freehold election on the subject will approve a bond issue adequate for both structures recommended by them. Mr, Mebber moved to receive and file the communication. The motion was seconded by Mr. Pollard and adopted. PETITIONS AND COMMUNICATIONS: ADVERTISING: The City Clerk presented a communication frsm The Roanoke Star Publishing Company. Incorporated, advising that the City Clerk has refused to place legal ads ia The Roanoke Star, a nemspaper published by it, and requesting that Council permit it to share in the city*s advertising business. 266 Xn response to a question, the City Clerk advised that the legal ads referred to are the Ordinances and notices of City Council; that they ute being p~blished by him in accordance with the provisions of Sections 14, 24 and 43 of the City Charter, which places upon the City Clerk the responsibility of publish- lng such items in a newspaper of general circulntioa published in the municipality~ and that such publications have been made in the neuspnper which:bas the most circulation in the city in an effort to keep the most citizens advised in the premises. Hr, Dillard moved to direct the City Attorney to furnish Council an opinion advising mhether The Roanoke Star qualifies for such advertising under the law. The motion mas seconded by Dr. Cornell end adopted. STADIUM: The City Clerk presented a petition of James-Turner Racing, Incorporated, requesting that Council authoriue it t o conduct automobile racing ut the Municipal Stadium one evening each week from now until September 1, 1961, and advising that under the provisions of Title O, Chapter 4. Section S, of The Code of the City of Roanoke. 1956, such racing is prohibited in the stadium at this time. Hr. T. J. Surface, Attorney for the petitioner, appeared before Council and requested that the Ordinance be amended to permit the racing since his client is offering to pay the city ten per cent of the gross gate receipts, after taxes, for use of the stadium property, and that the petitioner will bear the expense Of necessary physical changes in the stadium area to accommodate the racing. Mr. Webber moved to refer the request to the Stadium Advisory Committee for study and recommendation. The motion was seconded by Mr. Young and adopted. ELECTIONS: The City Clerk presented a communication from the Electoral Board, requesting that Council amend the City Code to redesignate the location of the voting place for South Roanoke Precinct ~3, said voting place to be located on Franklin Road, S. W., between Broadway Street and Beechwood Drive. Mr. Dillard moved to concur in the request and offered the following emergency Ordinance: (m14346) AN ORDINANCE to amend Sec. 49. *Votin9 place in South Roanoke Precinct no. 3* of Chapter 2. 'Precincts and Voting Places* of Title IV. 'Election of The Code of the City of Roanoke. 19§6; and providing for an emergency. (For full text of Ordinance. see Ordinance Nook No. 24. page 417.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Coruell, Dillard, Pollard, Webber, Young, and the Vice President, Mr. Wheeler .... 6. NAYS: None ..... O. (The President, Mr. Anderson. absent) REPORTS OF OFFXCERS: STREETS AND ALLEYS: The City Manager requested that Council establish an lO-foot wide alley south from Jackson Avenue, S. W., between 12 1/2 Street and 13th Street. over city=owned property, to connect to an alley in the southern por- tion of that block. ~ Hr. Pollurd moved to concur la the request, nad offered the following emergency Ordiauuce: (~14347) AN ORDINABGE establishing n lO-foot wide alley south from Jeckaon~Avnnue, S. N.o between 12 1/2 Street, S. N., iud 13th Street, S. N.; and ~roviding for un emergency. (For furl text of Ordinance, see Ordinance Book No. 24, page 417,) .Hr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Ressrs, Cornell, Dillard, Pollard, Webber, Young, and the Vice President, Mr. Wheeler .... 6. NAYS: None ..... O. (The President, Hr. Anderson, absent) REPORTS OF COMMITTEES: OFFICE HOURS-CITY EMPLOYEES: Council at its meeting of February 20. 1961 having referred to a committee composed of Messrs. Benton O. Dillard, Chairman, Willis R. Anderson and Walter L. Youn9 for study and recommendation, a proposal to amend Section 2. Chapter 3, Title II, of The Code of the City of Roanoke. 1956, with reference to days off allowed members of the Police and Fire Departments. amd the Mayor having appointed Mr. Roy L. Webber as a substitute for Mr. Walter L. Young on the committee, on advice from Hr. Young that he was unable to act mlth the committee due tootber commitments, the committee submitted its report, advising that it has made a thorough study of the matter and found that. with the exception of the Superintendent, clerical employees and a meter mechanic in the Police Department, and of the Fire Chief. staff captains and administrative assistant in the Fire Department, who a~e all on forty hour work weeks, and of the dispatchers In the Fire Department, nho work the same hours as Police Communications men. all personnel Of the Police Department and the dispatchers in the Fire Department now receivesix days off per month, and all members of the Fire Department receive two days off per month, in lieu of Saturdays. Sundays and holidays, the committee stattn9 that it believes· this is fair and recommending that Council amend subsectiot (e) of Section 11. Chapter S, Title II, of the City Code. to provid~ for continuation of this practice. Mr. Dillard moved to concur in the report of the commltte~ and offered the following emergency Ordinance: (m1434B) AN ORDINANCE to amend and reordain subsection (e) of Section 11 *Office hours and holidays* of Chapter 3~ 'Officers and Employees Generally* of Title II. *Administration* of Tho Code of the City of Roanoke, 1956, as amended; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. page 4lB.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, Young, .and the Vice President, Mr. Wheeler .... 6. NAYS: None ..... O. (The President, Mr. Anderson. absent) ' 267 288 UNFINISHED BUSINESS~ NONE. CONSIDERATION OF CLAIMSt NONE. INTROOUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONIN6~ Ordinance No. 14342, rezoniog property consisting of 15.036 acres lying on the east side of Hollins Road, N. E., bela9 Official Tax No. 3300107~ 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, Hr. Young offering the folloming for its second reading and final adoption: (z14342) 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. 24. page 412.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Hr. Pollard end adopted by the follouing vote: AYES: Messrs. Cornell. Dillard, Pollard, Webber. Young, and the Vice President. Mr. Wheeler .... NAYS: None .....O. (The President. Mr. Anderson, absent) ZONING: Ordinance No. 14343, rezoain9 property located on the north side of Melrose Avenue. N. W., between Twenty-first Street and Twenty-second Street, described as Lots 9-12. inclusive, and Park Lot. Block O?, Melrose Land Company. Official Tax Nos. 2321809-2321D13. inclusive, 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, Hr. Dillard offering the following for its second reading and final adoption: (~1d343) 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 Rook No. 24, page 413.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the followiog vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Young, and the Vice President. Mr. Wheeler .... NAYS~ None .....O. (The President, Mr. Anderson. absent) BONDS-MUNICIPAL AUDITORIUM: Ordinance~No. 14345, providing for a special election on May 2, 1961, for submission to the freehold voters of the city the question of approving Ordinance No. 14304, providing for the issue of of bonds, and, in addltion,'on the same ballet, submit t5 the same voters in a referendum the question of their choice us to the location of the proposed audi- torium between two sites, viz.: Elmwood Park and the Old American Legion Audi- torium site at Shenandoah Avenue and Mllliamson Road. N. E.. having previously been before Council for its first, reading, read and laid over, was again before the body, Mr. Yonn9 offering the following for ~ts second reading and final adoption: 2'69 (s14345) AN ORDINANCE directing end providing for the holding of an election in the City of Roanoke,' Virginia; to determine mhether,the freehold voters of the City of Bonnohe will approve an Ordinance No. 14304, duly,adopted by the Council of the City of Roanoke on th~ 23rd day of January, lgGl, relating to the issue of general obligation bonds of,said City in principal amount not to exceed $2,200,000 to provide funds to pay for the costs of n needed permanent public improvement, to*wit: n nam municipal auditorium: and, further, to take the sense of the freehold voters On their preference of certain sites proposed for the location of said new municipal auditorium. (For fall text ,of Ordinance,.see Ordinance Book No. 24. page 414o) Mr. Young moved.the adoption of the Ordinance. The motion was seconded by Mr. Webber end adopted by the following vote: AYES: Messrs. Cornell,-Dlllard, Pollard. Webber, Young, and the Vice President. Mr. Wheeler .... NAYS: None .....O. (The President, Hr. Anderson, absent) SALE OF PROPERTY: Council at its meeting of January 30, 1961. having directed the preparation Of an Ordinance providing for the sale to Draper Construe- tion Company of the remainingportJon of land owned by the City Of Roanoke on the north side of Jackson Avenue, S. W** between 12 1/2 Street and 13th Street, Mr. Pollard offered the folloming Ordinance: (~14349) AN ORDINANCE authorizing and directing the sale and conveyance Of certain real estate designated as a west portion of Lot 2, Section 33, accordln9 to the map of Dr. J. W. Nebb, and all of Lot 19 1/2. Block 5, according to the map of the property of D. J. Wri'ght, to W. Linwood Draper for a consideration of $1.200.00, cash. WHEREAS. W. Linwood Draper has offered to purchase from the City the two (2) parcels of land hereinafter described for a consideration of $1,200.00, cash, to bepaid to the City upon delivery to said purchaser of the City*s deed of conveyance herein authorized to be made; and WHEREAS, the City Manager has recommended to Council that said offer he accepted, there being no probability of the CityOs need of the use of said property for public purposes and the purchase price offered therefor being considered by the City Manager and the Council to be fair and reasonable. THEREFORE, BE IT ORDAINED by the Council of.the City of Roanoke that the offer of N. Linwood Draper to purchase from the City, for a consideration of $1,200.00, cash, payable upon delivery.of the City*s deed of conveyance for the two parcels Of land,hereinafter descrlbed.~be, and said offer ishereby accepted. the two parcels of land, situate In the City of Roanoke, Virginia. being described as follows: PARCEL I BEGINNING at a point on the present east side of 13th Street, S. N.. at *10'. which said ginning point is S. 19° 58* 39* W. 136.87 feet 270 from the southeast corner of 13th Street. S.M.. and Jackson Avenue. scad actusl beginning point~being, eliDe ct the northwest corner Lot 20. Bloch S. ns shown on the map of the property of n.J. Mright; thence, from said place of beginning and along the east line of 13th Street. S. ~.. S. 19o SC' 39w E. 60.0? feet to · point nt '11# nt the southwest cor- ner o! total9 1/2. Bloch 5. of the map of the property of R. J. ~rJght. aforesaid; thence. along the southeast line of said Lot 19 1/2. 69o 29~ 34' S. 118.29 feet. (by former deed N. 69° 03' 32' E.~ 110.27 feet), to n point on the south line or Jachson Avenue. at thence, along the south line of Jachson Ave- nue. S. TOO 01' 21' E,, 20.95 feet to c point et #3w on the west line of a new lO-foot wide alley; thence, along the west line of said new alley. S. 19o 320 44' N. 136.B? feet to a point at #9* at the northeast corner of Lot 20, Block 5, as shown on the R. J. Mright map; thence, along the north line of Lot 20, N. ?0o 01' 21' R**:ll2 feet to a point on the east line of 13th Street at #10#, the place of BEGINNINGs-being a westerly portion of Lot 2, Sec. 33. according to the map of the property of Dr. J. ¥. Webb. of record in the el,riSs Of- fice of the Bustings Court of the City of Roa- noke in Deed Book 272, page 346. the same be- ing shown in det a~ on Plan No. 458B, pre- pared in the Office of the City Engineer, Roa- nohe, Virginia, under date of February 8. 1961; BEING the westerly portion of that certain property conveyed to the City of Roanoke by Nilllam S. Hubard. Special Commissioner. by deed dated November ?. 1952, of record in said Clerk*s office in Deed Book 891, page 336. PARCEL II ALL of Lot 19 1/2, Section $, as shown on the map of R. J. Kright. of record fn the aforesaid Clerk*s office in Deed Book 417, page 92; also designated as Lot 1211201 on the City*s Tax Appraisal Map, and being shown in detail on the City Engineer's Plan, above-mentioned; BEING the same property conveyed or to be con- veyed to the City of Roanoke by Oscar Banks. et ux., by deed recorded or to be recorded in the aforesaid Clerk's office. BE IT FCA?HER ORDAINED that the Mayor and the City Clerk be~ and they are hereby authorized and directed, for and on behalf of the City, to execute seal and acknowledge the City's deed of conveyance of the aforesaid land to the City's said purchaser, such deed to provide for a consideration of }1,200.00, cash. payable to the City upon delivery of said deed, and to contain the City*s special warranty of title to said property, said deed to be upon such form as is prepared and approved by the City Attorney. BE IT FINALLY ORDAINED that, upon full execution and acknowledgment of the aforesaid deed of conveyance and upon payment to the City of the cash purchase price hereinabove provided, the City Clerk shall deliver to the said purchaser the City*s aforesaid deed of conveyance. Mr. Pollard moved the Ordinance on its first reading. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Corn. Il. Dillard, Pollard. Webber, Young. and the Vice President, Mr. Nheeler .... 6. NAYS: None ..... O. (The President. Mr. Anderson. absent) NOTIONS AND MISCELLANEOUS BUSINESS: STADIUM: The Cl~y Clerk reported that Mr. John I. Bowman, a member or the Stadium Advisory Committee, died on February 28, 1961, thus leaving n vacancy on the said committee. Upon call from the Chair. Mr. Young placed la nomination the name of Mr. Mo Bolling Izard to fill the unexpired term of Mr. John I. Bowman on the Stadium Advisory Committee, said term expiring December 31, 1962. Mr. Mebber moved to close the nominations. The notion was seconded by Mr. Pollard and adopted. Mr. Mo Bolling Izard was elected a member of the Stadium Advisory Committ to fill the unexpired term of Mr. John I. Bowman, deceased, said term expiring December 31, 1962, by the following vote: FOR MR. IZARD: Messrs. Cornell. Dillard, Pollard. Mebber. Young. and the Vice President. Mr. Mheeler ...... 6. (The President. Mr. Anderson, absent) There being no further business, Council adjourned. APPROVED ATT~~ President 27:1.~ 27',2' COUNCIL, REGULAR MEETING* Monday, Mal~eh 13, 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Municipal Building, Monday, March 13. 1961, at 2:00 o~clock, p, the regular meeting hour, mith the President. Mr. Anderson, presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Mebbero Mheeler, Young, and the President, Mr. Anderson .............. ?o ABSENT: None ..................Oo OFFICERS PRESENT: Mr. Arthur S. Owcns, City lanager~ Mr, James N, Klncanon, Assistant City Attorney, Mr, Harry R. Yates, City Auditor. and Mr, J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prnyc~ by Mr. Hampton MINUTES: Copy of the minutes of the regular meeting held on March 1951, having been furnished each member of Council. upon motion of Mr. Mheeler. seconded by Mr. Pollard and adopted, the reading mas dispensed with and the minutes HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: CITY JAIL: The City Clerk presented a communication from certain inmates of the City Jail, Complaining of rules adopted in the City Jail prohibiting pack- ages coming into the Jail from outside and restricting the activities of inmates jurisdiction the jail is operated. The motion mas seconded by Mr. Nebber and adopted, STREETS ANB ALLEYS: The City Clef k presented a petition from the Nor- folk and Nestern Railway Company, requesting that a certain unnamed avenue lying ward, be vacated, discontinued and closed, the company proposing to donate to the city a parcel of land to be used in Ilea of the said street and alley extending westward from Fiftqenth Street 27.79 feet south of the avenue proposed to be closed provided by law. Mr. Dillard moved to refer the request to the City Planning Commission Mr. Young not voting. Mr. #heeler offered the following Resolution appointing viewers: (g143§0) A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the petition of Norfolk 8 J nod Western Railway Company to perwnnently vacate, discontinue nnd close certain portions of · street and alley lying sooth of Jnckson Avenue (vacated) and west of 15th Street in the southwest section of the City of Roanoke, Virginia, (For full text of Resolution, see Resolution Rook No, 24, page 421,) Mr, ~heeler moved the adoptloo of the Resolution. The motion was seconded by Hr, Pollard end adopted by the following vote: AYES: Ressrs. Cumuli, Pollard, Webber, Wheeler, and the President, Mr, Anderson ................................ 5. NAYS: Rt. Dillard ............1. (My, Young not voting) STREETS AND ALLEYS: The City Clerk prekented a petition of the Norfolk and Nestern Railway Company, requesting that portions of l?th. I~th and 19th Streets~ S. W,, lying between Westview Avenue and an alley to the north thereof, and of a 20=foot alley extending from Westview Avenue north to the said alley, along with a lO-foot alley lying north of Westviem Avenue, be vacated, discontinued and closed... and requesting the appointment of vlesers to view the same and report as required by law, Dr, Cornell moved to refer the request to the City Planning Commission Mr, Young not voting, Mr. ~beeler offered the following Resolution appointing viewers as re- quested: (~14351) A RESOLUTION providin9 for the appointmen~t of five freeholders. portions of l?th. l~th and 19th Streets and portions of certain nlleys lying north (For full text of Resolution, see Resolution Rook No. 24, page 422.) by RF, Pollard and adopted by the following vote: NAYS: Rt. Dillard ............1. (Mr. Young not votin9) EASEMENTS-APPALACHIAN POWER COMPANY-SCIIOOLS: Yhe City Clerk presented a communication from the Roanoke City School Board, transmitting a request of Ap- palachian Poser Company for a right of way across Welford Hurt Park property, located In the southwest section of the city, for the purpose of furnishing electri= cai service to H~v% Park Elementary School. (~14352) AN ORDINANCE authorizing and directing the proper City Officials to execute and deliver a deed of easement to the Appalachian Poser Company. 273. 274 WHEREAS, the Roanoke City School Hoard has recommended the granting of the easement herein authorized in order that the Appalachian Power Company may make aralJuble electric service to the Hurt Pork Elementary School, in which recommenda- tion 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, to execute and deliver an indenture to the Appalachian Pomer 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 con- struct, erect, operate and maintain a line or lines for the purpose of transmitting electric or other power thereover, said right of may being situate in the City Of Roanoke and described as follows: BEGINNING at a point in the western boundary line adjacent to 17th Street, S. H., said point being located as plotted from the map hereinafter meat/owed, ~. 25° 00' E. O feet from the west corner as it intersects with l?th Street, S. H.o and alley; thence, ex- tending, as plotted, from said map. S. 64o 45* E., parallel with and adjacent to alley. a distance of 390 feet, more or less. to its terminus; and BEING a portion of land designated for school building containing $°50 acres as shown by map ant itled, ~BURT PARK ELEMENTARY SCHOOL, Roanoke, Virginia, Euhank, Caldmell and Associates, Architects and Engineers, First Federal Hldg., Roanoke, Va., date 2-6-60, drawn by R.C.N., Comm. No. 2G90#o conveyed to the City of Roanoke, for school purposes. by Virginia Investment Company by deed dated April 2, 1945, and recorded in the Office of the Hustings Court for the City of Roanoke, Virginia. in Deed Book 709. page 426, ifor the nominal consideration of $1o00 and after the form of such indenture shall have been approved by the City Attorney. Mr. Young moved the Ordinance on its first reading. The motion was second lied by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber. Wheeler, Young, and the President, Mr. Anderson ................ 7, NAYS: None ..................O. PENSIONS: The City Clerk presented a communication from the Board Of Trustees. Employees' Retirement System. transmitting the Thirteenth Annual Report of the Investment Portfolio of the said system, as prepared by the Advisory Com- mittee on Investment Of Funds. Mr. Webber moved to file the report. The motion was seconded by Dr, Cornell and adopted. ZONING: The City Clerk presented a petition of Mr. Peter N. Apostolou. requesting that his property, designated as Lots 1, 3, 4A and 4B, Grandview Ad- dition, Lots I and 2, R. A. Mays Map, and a tract containing approximately six lying between the said lots, ail lying in the northwest section of the city, bounded by Liberty Road, Levelton Avenue and Eighth Street, Official Tax Nos. 2060901, 2060904-2060900,~ inclusive, and 2060911, be rezoaed from General Residence District to Business District or Light Industrial District. Mr. Young moved to refer the request to the City Planning Commission for study and recommendation, The motion was seconded by Mr. Yheeler and adopted, REPORTS OF OFFICERS: CITY PROPERTY: The City Hanager reported that a city-owned house at 515 Gllmer Avenue. H, E., is in a bad state of repair; that the Department of Public Works has estimated the cost of minimum repairs to be approximately $350°00; that the property is presentll rented for $10,00 per month; and that in his opinion the income does not justify the repairs needed, the City Manager advising that the land is needed in connection with the operation of the cityes 'incinerator to which it is adjacent and recommending that Council authorize razing of the building. Mr. Wheeler moved to concur in the request and offered the following Resolution: (z14353) A RESOLUTION authorizing the City Manager to raze a building on the City*s property at No. 51S Gilmer Avenue. N. ~. (For full text of Resolution. see Resolution Book No. 24. page 423.) Mr. Wheeler moved the adoption of the Resolution. The motion was secondedil by Mr. Pollard and adopted by the following vote: AYES: Messrs. Corn,Il. Dillard. Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson ......... 7. NAYS: None ............. SALE OF PROPERTY-STATE HIGBNAYS-WATER DEPARTMENT: The City Manager re- ported that the State Department of Itighways is lo need of approximately 10.4 acres of land which is a portion of the Carvins Cove filter plant site owned by the city as a right of way for Interstate Highway No. bi. State Highway Project OOQ1- 000-001. and has requested that Jt be granted an option to purchase the said propert~ at a price of $7.760.00 cash. the City Manager advising that he has had the pro- *arty in question appraised and that the offer of the Department Of Highways is in excess Of the value set by competent local appraisers, and recommending that Council authorize execution of the proposed option and eventual transfer Of t~ land to the Department of Highways~ In response to a question of Mr. Webber. the City Manager advised that there are no city structures or mains in the property to be sold. Mr. Pollard offered the following Ordinance: (~14354) AN ORDINANCE authorizing the sale and conveyance of approximately 10.4 acres of lahd at the City*s Carvins Cove filter plant, in Roanoke County. to the Commonwealth of Virginia. Department of Highways. upon certain terms and conditions. MflEREAS. in connection with the construction of a portion of Interstate Highway. Route 61. the Commonwealth of Virginia desires to be granted the right to purchase and acquire from the City a certain lO.4-acre tract of land hereinafter 275 27,6 described, a part of the City,s Cerrims Cove filter plant propprty, at a purchas~ price of $?.760.00, cash. and his tendered to the City a s~aedard form of option agreement prepared by the said Department of Highways by which the City would grant such purchase option to the Commonwealth of Virginia upon the terms above- mentioned; and WHEREAS. the City Manager has caused an appraisal to be made of the aforesaid lO.4-acre tract, indicating that the proposed purchase price above- mentioned is fair and reasonable and said City Manager and the Manager of the Water Department have recommended that the aforesaid sale be authorized by the Council, reporting that there would be no resultant damage to the City*s remainin9 land or buildings at its filter plant, or water mains. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby authorized and directed to exe- cute. for and on behalf of the City, a certain option agreement granting to the Commonwealth Of Virginia, Department of Highways. the right to purchase and quire from the City that certain lO.4-acre parcel Of land shown on Sheets Number and 10 of the plans for Interstate Route 81, State Highway P~oject 0081-080-001, R/W-203, together with certain easements Of access, light Or air incident to the residue lands of the City aubtting said lO.4-acre tract, for a purchase price of $7,76D.00, cash, said option to continue for one year from the date of execution thereof; the form of the aforesaid option agreement to be first approved by the City Attorney. 8£ IT F~RTflER ORDAINED that, upon notice Of said grantee's exercise of the purchase rights granted in such option agreement and upon payment to the City of the $7,760.00 purchase price therein provided, the Mayor and the City Clerk shall be, and they are hereby authorized and directed to execute, for and on behalf of the City. the City's deed conveying the aforesaid lO.4-acre parcel of laud and the aforesaid easements to the Commonwealth of Virginia, Department of flighways, such conveyance to be made mith general warranty and modern english covenants of title on behalf of the City and to be, otherwise, upon such form as is approved by the City Attorney. Mr. Pollard moved the Ordinance on its first reading. The mo~ion was seconded by Mr, Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............. 7. NAYS: None ................... O. AIRPORT: ?he City Manager reported that the Federal Aviation' Agency has submitted for approval a lease for approximately 2,534 square feet of Space in Ruildiug No. I at the Municipal Airport for the F. A. A. flight service station which will move into the said Boildtng No. I from the terminal building in order to make room for radar facilities in the terminal; a lease for approximately 174 square feet at $2.00 per square foot per year in Building No. 1 to provide trainimg quarters for F. A, A. flight service station personnel; and a service contract to mmm~m provide Janitor service, utilities and supplies for the two areas covered by the said lessen, the City Manager recommending that Council authorize execution of these documentse Mr, Nheeler moved to concur in the recommendation and offered the fol- lowing Ordinance: (#14355) AN ORDINANCE authorizing the leasing of certain space in Build- lng No. I at Roanoke Municipal Airport to the United States of America upon cer- tain terms and conditions; and authorizing the execution of a certain contract for the furnishing to the Federal Aviation Agency of certain services in said building, #HEREAS, the United Stated of America. hereinafter called the Govern- ment, desires to lease from the City Room ~16 in Building No, I at the City*s Municipal Airport for a monthly rental at the rate of $346,00 per annum, for a term commencing as of February 1. 1951. and ending June 30. 1951, mith an option to the Government to renew said lease from year to year at the aforesaid annual rental, but in no case to Occupy the premises beyond June 30, 1969; and said Government has tendered to the City for execution a written lease prepared on U. So Standard Form No, 2 (Revised); and WBER~AS, said. Government likemise desires to lease from the Gity, rent free, approximately 2,534 square feet of floor space in the aforesaid Building No, I for a term commencing February 1, 1961, and ending June 30, 1961, math an option to the Government to renew the same from year to year but its occupancy of the premises to extend no longer than June 30, 1969; and said Government has tendered to the City for execution a proposed lease of said premises drawn on U. S. Standard Form No. 2 (Revised); and WHEREAS, said Government further desires that the City enter into agree- ment to provide heat. janitorservice, mater and sanitary facilities and air conditioning for certain of the aforesaid space in said airport building, for mhich the Government mould pay the City the sum of $524.92 per month, such service contract to be effective from February 1. lghl. until January 31, 1962, subject to cancellation by either party upon thirty (30) dayst written notice; and said Government has tendered to the City a proposed contract for such service agree- ment. drawn on U. S. Standard Form 33 (Oct. 1957 Edition); and WHEREAS, the City Manager has recommended that each of the aforesaid leases and said service agreement be authorized to he executed on behalf of the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as folloms: 1o That the City Manager be, and he is hereby authorized and direct- ed to execute, for and on behalf of the City, that certain mritten lease drawn au U. $, Standard Form No. 2 (Revised) by mhich said City leases to the Government Room Xl6 on the second flour of Building No. I at the Cityts Municipal Airport for a term commencing February 1, 1961, and ending June 30. 19bl, for a monthly rental payable to the City at the rate of $34§.00 per annum, said lease to provide for the Governmentes option to renew the same r~om year to 7ear ut the same annual rental, no occupancy thereunder to extend beyond June 30, 1969, the form of said lease to be first approved by the City Attorney; and 2. That the City Manager be, and he Is hereby authorized and direct- ed to execute, for and on behalf of the City. that certain written lease drawn on D. S. Standard Form No, 2 (Revised) by which said City leases to the Government approximately 2,534 square feet of certain other floor space in the City's afore- said Building No. 1, rent free, for a term commencing February 1, 1961, and ending June 30, 1961, with an option to the Government to renew said lease from year to year provided that its occupancy thereunder shall not extend beyond June 30, lg69; the form of said lease to be first approved by the City Attorney; and 3. That the City Manager be, and he is hereby authorized and directed to execute, for and on behalf of the City, that certain written contract drama on U. S. Standard Form 33 (Oct. 19S? Edition), pursuant to which 'the City will agree to furnish to Federal Aviation Agency certain heat, Janitor service, water and sanitary facilities and air conditioning for approximately 2.942 square feet of said agency*s Flight Service Station quarters located in the aforesaid Building I for the period commencing February 1, 1961 and ending January 3i, 1962. said Government to pay to the City therefor the sum of $524.92 per month and either party to have the right to terminate said agreement at any time upon thirty (30) days' written notice; the form of the aforesaid contract to be first approved by the City Attorney, BE IT FURTHER ORDAINED that the City Clerk be, and he is hereby authorize( and directed to affix and attest the seal Of the City of Roanoke on each Of the aforesaid written instruments upon execution thereof by the City Manager, Mr, Mheeler moved the Ordinance on its first reading. The motion was !ionded by Mr. Young and adopted by the following vote: il AYES: Messrs. Corn*Il. Dillard, Pollard, Webber, Wheeler, Young. and the !President, Mr. Anderson ............... 7, i! NAYS: None .................O. CROSSOVERS: The City Manager reported that he has received a request for a 56-foot wide sidewalk crossover into the property of National Biscuit Company at its new plant site on Ridgefield Street, N. E., and that under the provisions of Title 17, Chapter 2, Section 3, of the City Cede, permits for sidewalk crossovers in excess of 30 feet in width must be authorized by Council, the City Manager recom- mending that Council authorize issuance of the necessary permit. Mr. Wheeler moved to concur in the recommendation and offered the fol- lowing Resolution: (~14356) A RESOLUTION authorizing the Director of Public Works to issue a permit to National Biscuit Company to construct a crossover 56 feet wide into its property on Ridgefield Street, N. E., north of Mandy Road. (For full text of Resolution, see Resolution Book No. 24, page 424.) Mr. Wheeler moved the adoption or the Resolution, The motion was second- ed by Mr. Pollard and adopted by the following vote: AYES~ Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson ............... NAYS: None .....................O. OUD6ET-DEPARTMENT OF PORLIC WELFARE: The City Manager reported that he has received assurance that the city can obtain surplus federal commodities for distribution to the needy in the city; that to be eligible for receipt of these commodities it is necessary for the city to provide for storage and distribution facilities; that he has been able to negotiate for leasing from Lindsey-Robinson ~ Company, Incorporated, approximately 4,O00 square feet of floor space in its building at No, 702 Shenandoah Avenue, No W., at a rental of $50,00 per month, thc said company to furnish all necessary electricity, water,heat and Janitor service; and that it will be necessary to provide funds for the payment of expenses~ in connection with handling of the surplus foods as follows: for rent. utilities, etc., $5OO,OO; for telephone, $100.00; for supplies, $272.50; for a clerk to handle commodities, $2,b3§.00; and for one typewriter and stand, $250.00, the City Wanager recommending that Council appropriate the necessary funds and author- ize leasing of the space. Mr. Dillard moved to concur in the request and offered the following emergency Ordinance appropriating the necessary funds: (~14357) AN ORDINANCE to amend and reordain Section ~55, "Distribution of Surplus Commodities," and Section =144, *Departmental Equipment and lmprovementsli of the lq61 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 24, page 424.) Mr. Dillard moved the adoptioo of the Ordinance. The motion was second- ed by Dr. Cornell and adopted by the full'owing vote: AYES: Messrs, Cornell, Dillard, Pollard, Webber, Wheeler. Young, and the President, Mr. Anderson ...................... NAYS: None ........................O, Mr. Dillard then offered the following emergency Ordinance providin9 for leasing of the space as recommended by the City Manager: (=1435~) AN ORDINANCE authorizing the leasing of certain space at 702 Shenandoah Avenue, N. W., for the storage and distribution of surplus com- modities; providing for the rental to be paid therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 24, page 425.) Mr. Oillard moved the adoptiouof the Ordinance, ~he motion was second- ed by Mr. Webber and'adopted by the following vote: AYES:' Messrs. Cornell, Dillard, Pollard, Webbe~, Wheeler, Young, and the President, Mr. A~derson ........... ~ .... 7. NAYS: None .................. 280 Rt, Mheeler moved to Instruct the City Clerk to express the .appreciation of Coaneil to Linsey-Robinson ~ Company, Incorporated, for making available space ia its building at such a favorable rate for this needy pnrpose, The motion was seconded by Dr, Cornell and adopted, BUDGET-RECREATION DEPARTMENT-SCHOOLS: The City,hanger reported that in cooperation mitb interested citizens in the vicinity of Huff Lane School, ar- rangements have been made .to provide a play area on a portion of the land o~cupied by the said Huff Lane School, and recommended that Council appropriate $1,000,00 for grading a portion of the said land to provide an adequate site.for both a football and baseball field, Dr. Cornell moved to concur in the request and offered the folloming emergency Ordinance: (=14359) AN ORDINANCE to amend and reordain Section n144, "Departmental Equipment and Improvements," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24° page 426b) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYLS: Messrs. Cornell. Dillard, Pollard, Rabbet, Wheeler, Young, and the President. Mr. Anderson ............... 7. NAYS: None ........r ........ O, BUDGET-PLANNING: The City ~anager requested an appropriation of $gD. OD for gasoline and oil for use in connection with the land use survey being conducted ~by the City Planning Commission, Or. Cornell moved to concur in the request and offered the following .emergency Ordinance: (=14360) AN ORDINANCE to amend and reordain Section =130, "Plannin9 llCommission,* of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 427.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Youn9 and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson ................ T. NAYS: None ..................O. BUDGET-HEALTH DEPARTMENT: The City Manager requested an appropriation of $6T5.00 to provide for the purchase of a new meat grinding machine for use at the Meat Inspection Center. Mr. Webber moved to lay the matter over until the next regular meeting of Council. The motion was seconded by Mr. ~heeler and adopted. BUDGET-LICENSES: The City Manager reported that due to lack of space in the Health Department building it is necessary to provide space for sale of city license tags Jo the vicinity Of that building and the State Department Of Motor Vehicles building on Eighth Street, in consequence of which he hms borrowed a trailer frow Fruehanf Trailer Company, and requested an appropriation of $125,00 to pay expenses in preparing the trailer for sale of city license tags ca the Health Department property. Mr, Young moved to concur in the request and offered the following emer- gency Ordinance: (~14361) AR O~DINA~CE to amend and reordain Section ~86, UHunicipal Building,u cf the 1961 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance. see Ordinance Dook No. 24, page 42?,) Mr, Young moved thc adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs, Cornell. Dillard, Pollard, ~ebber, ~heeler, Young, and the President, Mr. Anderson ................. ?o ~AYS: ~one ...................O. BUDGET-PURCHASING DEPARTMENY: The City Hanager requested an appropriatJonli of $900.00 for extra employees and $29So00 for purchase of a calculator in the Pur- chasing Department. Mro Webber moved to lay the matter over until the next regular meeting of Council. The motion was seconded by Dr. Cornell and adopted, MATER DEPARTRENT: The City Haaager presented a request of Salem Rotary Club for permission to hold a Water-Ski show on Carvins Cove lake on June 2So 1961, or on an alternate date of July 2, 1961. in the event of bad weather on the first date. the Club advising that the Claytor Lake Ski Club will put on the show under the auspices of the Salem Rotary Club and that the proceeds therefrom will he used by the Salem Rotary Club in its charitable activities, the City Manager rec mm n [i o e dingi! that the request be 9ranted. gr. Nebber moved to concur in the request and to direct the City Attorney to prepare a ReSolution 9ranting the necessary permit. The motion was seconded by Dr. Cornell and adopted. STREET ~AWES: The City Manager presented a request Of residents of 19th Street, S. E,, between Edgerton Avenue and Dundee Road, that the name of the said street be changed since there is also another 19th Street. S. E.. lyln9 between Dale Avenue and Kenwood Boulevard, some distance away. Mr. Wheeler moved to refer the request to the Director of Public Works for study and recommendation of a suitable name for the street. The motion was seconded by Mr. Dillard and adopted. REPORTS: The City ganager submitted a report of the Department of Public Welfare for the month of January, 1961, and reported other departmental reports on file in his office. Mr. Mheeler moved to file the report. The motion was seconded by Dr, Cornell and adopted. REPORTS OF COMMITTEES: 282 STADIUM:. Council at its meeting of March 6, 1961, baying referred to the Stadium Advisory Committee for study and recummecdation a request of James-Turner Macing, Incorporated, that it be granted a permit to conduct stoch car racing in the Municipal Stadium, the committee submitted its report, advising that after a care- ful study of the matter, lt.ueanlmoesly recommends that the request be denied, Hr, Wheeler moved to concur in the report of the committee and deny the request, The motion mas seconded by Mr. Young and adopted, UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SALE OF PROPERTY: Ordinance No. 14349. providing for the sale of city- omned property ~ocated on the southeast corner of Jackson Avenue and Thirteenth Street, S. N., to W. Linwood Draper at a price of $1,200.00. cash, having previousll been before Council for its first reading, read and laid over. mas again before the body, Mr. Young offering the folloning for its second reading and final adoption: (~14349) AN ORDINANCE authorizing and directing the sale and conveyance of certain real estate designated as a west portion of Lot 2. Section 33, according to the map of Dr. J. N. Nebb, and all of Lot 19 1/2, Block S, according to the map of the property of R. J. Wright. to W. Linwood Draper for a consideration of $1,200.00. cash. (For full text of Ordinance, see Ordinance Uook No, 24, page 419.) Mr. Young moved the adoption of the Ordinance. The motion was seconded ]byMri: . Wheel .... dadoptedbythefollowingvote : il AYES: Messrs. Cornell. Dillard, Pollard. Webber, Young. Wheeler, and iPre sldent Mr. Ander ................. 7. son !! NAYS: None---~ ............=--0. MOTIONS AND MISCELLANEOUS BUSINESS: ~OUYH COMMISSION: The City Clerk reported that the terms of Mrs. A. B. iEamper and Dr. D. E. McQuilkin as members of the Youth Commission will expire on !iApril 30, 1961. Mr, Webber moved tolay the matter over until the regular meeting of March !127, 1961. The motion was seconded by Mr. Wheeler and adopted. CLERK OF COURTS: The City Clerk reported that Mr. Walker R. Carter, Jr., has been appointed Clerk of the Courts to fill an unexpired term ending January 31, 1963. vice Wt. William H. Cart, deceased. Mr. Wheeler moved to file the report. The motion was seconded by Dr. Cornell and adopted, There being no further business, Council adjourned. APPROVED ~YTEST: President COUNCIL. REGULAR I~ETING, Monday, March 20, 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Mouday, March 20, 1961. at 2:00 o'cloth, p, m** the regular meeting hour, with the President, Mro Anderson, presiding, PRESENT: Messrs, Cornell, Dillard, Pollard. Webber, Wheeler. Young, and the President, Mr, Anderson .......... 7. ABSENT: None .............. O, OFFICERS PRESENT: Mr, Arthur S. Owens, City Manager, Mr. Randolph 6. 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 Chauncey W. Ellison, Pastor, Tazewell Avenue Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on March 13, 1961, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Young and adopted, the reading was dispensed mith 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., Monday, March 20, 1961, on the request of Elvln H, and Mildred $. Ingram that their property designated as Lot 10, Block 3, Grandam Court, lying on the south side of Montvale Road, S, M., between Guilford Avenue and Barham Roads be rezoned from General Resi- dence District to Special Residence District, and notice of the hearing having been published in The Roanoke World-News on March 3, 1961, and the City Planning Commis- sion having previously recommended that the request be granted, the hearing was held~ Mr. E. Cecil Black, 2505 Guilford Avenue, S. M,, and Mrs. Frederick J. Long, 2505 Guilford Avenue, B. N,. appeared in opposition and stated that in their opinion rezoning of the property in question to a Special Residence District might open up the area to business rezoning and be detrimental to the property values in the community; also, that it would be spot zoning. Mr. Harold W. Hill, Chairman of the City Planning Commission, mas present, and. in answer to a question, advised that the Planning Commission does not consider the matter to be spot honing, but, rather, as pointed out in its report, in con- formity to the general use of the neighborhood. Mr, George J. Jacobs, Attorney for the petitioners, appeared before Council along with Mr. Nicholas Munger, who proposes to pucbase the property and build thereon a three apartment house, one apartment for use by Mr. Munger, with off- street parking provided on the property, Mr. Jacobs requesting that Council concur iwith the Planning Commission and grant his clients* request. Mr, Dillard moved to concur in the recommendation of the Planning Commis- Sion and offered the following Ordinance: :284 (e14362) AN ORDINANCR to amend and re-enact Title IV. Chapter 4. Section 1. of The Code of the City of Roanoke. 1956. in relation to Zoning. WHEREAS. application has bee, made to the Ooaneil of the City of Roanoke to have Lot No. 10. Block 3. according to the Map of Grandin Court. official ~o. 1531014. fez,ned from General Residence District to Special Residence District; and WHEREAS. the City Planning Commission has recommended to the Coaacfl. fa urlting, that the hereinafter described land be fez,ned from General Residence Dis- trict to Special Residence District; and WHEREAS. notice required by Title XV. Chapter 4. Section 43. of The Code of the City of R,an,he. 1956. relating to Zoning. has been published in 'The Roanoke World-Neus'. a neuspaper published in the City of Roanoke. for the time irequired by said section; and MHEREAS. the hearing as provided for in said notice was held on the 20th iday of March. 1961. at 2:00 ,*clock. p. m.. before the Council of the City of R.a- In,he. all in interest and citiaens were given an opportunit at hearin9 parties iii, be heard both for and against the proposed rezoning; and WHEREAS. this Council. after considering the evidence presented, is of ithe opinion that the hereinafter described land should be rezone~ as requested. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that iiTitle X¥. Chapter 4. Section 1. of The Code of the City of Roanoke. 1956. relating !it, Zoning. be amended and re-enacted in the following particular and no other, viz.: Property located on Montvale Avenue. So ~.. described as Lot No. 10. iiBlock 3. according tQ the Map of Grandiu Court. designated on sheet 155 of the [tZoning Map as Official No. 1551014. be. and said property is hereby changed from iiGeneral Residence District to Special Residence District. and the Zoning Map shall !ibc changed in this respect. Mr. Dillard moved the Ordinance on its first reading. The motion mas seconded by Mr. P, lloyd and adopted by the f,Il.ming vote: AYES: Messrs. C,mall. Dillard. Pollard. Wheeler. Young. and the Presiden Mr. Anderson ..................... 6, NAYS: Mr, ~ebber ......1o ZONING: A public hearing having been set for 2:00 o'clock, p. m.. Monday. March 20. 1961. on the request of Zmmett S. and Martha R. Jones that their property desJRnated as Lot 7. Block 2. H,nell Addition. located at lOlO Thirty-fifth Street. N. W.. be rezoned from General Residence District to Light Industrial District. and notice of the hearing having been published in The Roanoke N,rid-NoRs on March 3, 1961. and the City Planning Commission baring previously recommended that the re- nest be denied, the bearing Mas held. Mr. Dewey VD Cammer. 1025 Thirty-sixth Street. N. W.. appeared and present. ed a petition bearing eleven signatures of residents in the immediate area objecting to such rezoning. Mr. Cammer advising that the petitioners are operating a dog kennel on the property in violation of present lams; that the petitioners already have ap- pealed a ruling of the Building Commissioner in the matter to the Board of Zoning Appeals, mhich Board denied their request for non-conformance; that the matter is pending in the Bustings Court on an appeal from the Board of Zoning Appeals; that a petition for rezoning mas filed to ciroumvent the action mom pending before the court; and that rezonin9 of the property to Light Industrial District mill be spot zoning and detrimental to the residential properties in the neighborhood, Mr. Thomas J, Surface. Attorney rot the petitioners, appeared and pointed out that his clients already operate a hennel in mhich they raise boxer dogs; that the entire lot is fenced in. the dogs not being allowed to get off of the property; that one of the adjacent neighbors also has a hennel and raises dogs; and that the requested rezoning, if approved by Council, mill merely legalize what the property is already being used for and has been used for for some years. Hr, Pollard moved to concur in the Planning Commission's recommendation and deny the request, The motion mas seconded by Mr, Wheeler and adopted, STREETS AND ALLEYS: Mr. R. Fo Jones. Jr., 3919 WhJteside Street, N. appeared before Council and stated that Rhiteside Street from Buntington Boulevard northward mhere the city installed a base for pavin9 last year is in a deplorable condition; that during wet meather the street is muddy and full of chuckholes; and that in dry weather the street is dusty, resulting in dust getting into the homes of the residents in the area, Mr, Jones requesting, on behalf of his neiohbors, that Council provide for paving of the street in question. Also before Council ~ere communications from Mr. Robert S. Saunders. 3gO1Whiteside Street, N, E** and Mr. Lawrence i. Rower, 3b19 Nhiteside Street, N. supporting the request. The City Manager advised Council that it ~ill cost $1b.756.00 to blacktop Whiteside Street as requested, and sqo3?U.O0 for a 100-pound drag treatment, and that if Council Hill appropriate the funds he Hill immediately proceed to take steps to pave the street as soon as weather permits, Nr. Dillard offered the following emergency Ordinance appropriating funds for blacktopping Whiteside Street from Huntington Boulevard northward ~here base is already installed: (=14363) AN ORDINANCE to amend and reordain Section =140, 'Street Con- struction,# of the lgbl Appropriation Ordinance. and providing for an emergency. (For full text of 0rdina~ce, see Ordinance Book No. 24, page 430.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr, Cornell and adopted by the following vote: AYES: Messrs. Cornello Dillard, Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson ......... ?. NAYS: None ........... O, PETITION5 AND COMMUNICATIONS: DEPARTMENT OF PUBLIC WELFARE-SCHOOLS: The City Clerk presented a com- mnnication from the Northeast Nursery School Board, advising that the State ~ill not grant it a Charter for operation of the Northeast Nursery School at its present location in an old ~chool building in Northeast and requesting that Council donate 286 to the Board the old Gnlnsboro School site upon which the Board proposes to erect a four-room nursery school to carry on its work of providing for cure or children of worhieg mothers Cnegro). Alter some discussion of the matter, Mr. #ebber moved to direct the City Attorney to prepare~the necessary papers providing for conveyance to the Northeast Nursery School Board the old Gnlnsboro School site for use ns requested, nnd rot reversion of the property to the city in event it is not used for the stated purpose, and to direct the City Manager to investigate the availability of some other site mhich might be more suitable for the purpose. The motion mas seconded by Mr. Mheeler and adopted. Messrs. Cornell and Dillard voting no. REPORTS OF OFFICERS: POLICE DEPARTMENT: The City Manager submitted a tabulation of bids re- ceived for six police cars. shoming the bid of Mright Botor Corporation. in the amount of $13,969.00, as low. but advised, however, that the low bidder will mt accept the penalty clause for delivery of the equipment beyond thirty-five days from the date of order, and that the other three bids received for the equipment also rejected this clause, the City Manager recommending that Council waive the penalty clause and accept the bid of Mright Motor Corporation. Mr. Young moved to direct the City Attorney to prepare a Resolution accepting the bid of Mright Motor Corporation and waiving the penalty clause for late delivery. Yhe motion mas seconded by Mr. Mheeler and adopted. MATER DEPARTMENT: The City Manager reported that in the report on timber lands at the Falling Creek - Beaver Dam Watershed. dated in 19S4 and approved by Council, under which timber mas sold from the said watersheds, certain timber land improvements were recommended, including removal of certain undesirable timber whit] could be sold for pulpmood and reseeding of the area. the City Manager recommending that Council authorize him to call for bids for the sale of pulpmood from certain pinqflelds of the two watersheds in accordance with the aforesaid timber lands re- port and to employ an inspector-supervisor to mark the areas and supervise the cut- ting of the timber, and advising that after this undesirable timber is removed re- seeding of the area with desirable trees could be accomplished, thus improving the watersheds. Mr. Wheeler moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare a Resolution authorizing the call for bids and employment of the inspector-supervisor. The motion was seconded by Mr. ~ebber and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: LICENSES: Council at its meetinR of January 30, 1961, having referred to the City Manager and the City Attorney the request of Magic City Detective Agency that Council consider requiring investigations by the Police Department of persons operating detective agencies and the controlling of licenses issued to such agencies by the Police Department, for advice from the City Attorney as to the legality of such action, and directing the City Manager to secure information con- cerning such controls in other cities, n Joint report of the City Manager and the City Attorney was submitted, the City Attorney advising that Council may validly regulate the business of those persons engaged as private detectives, investigators or operating detective agencies and bureaus under provisions of the City Charter; the City Mannger reporting that he has determined that the cities of Norfolk, Richmond, Mnrtiasvllle, Lynchbnrg, aarFlsonburg. Virginia Beach, South Norfolk and the County of Henrico in Virginia all regulate detective agencies and investigators~! some merely requiring that licensees register with the local Superintendent of Police. while more stringent regulations in other cities require that extensive investigations concerning the character and proficiency of applicants be made; that permits or certificates be first obtained from the investigating officials; and that investigating officials be authorized to revoke such permits or certificates after hearing and uith right of appeal into the courts, the City Manager and the City Attorney recommending that Council provide for special regulation for those persons engaged in the business concerned, but that the effective date of such a law be deferred until January 1, 1962. in order to coincide with the issuance of annual business licenses. Hr. Hampton N. Thomas, Attorney for the petitioners in the matter, appear~ before Council and Stated that his clients are ic agreement with the report of the City Manager and the City Attorney. but suggesting that in adopting an Ordinance regulating detectives and detective agencies it be made applicable to operators from outside the city, and that Conncil adopt Such an Ordinance as soon as possible in order that all persons engaged in the business may have an opportunity to become familiar therewith, although the effective date might be delayed until January 1, 1962. Mr. Young moved to direct the City Attorney to prepare an Ordinance for consideration of Council regulating the business Of detectives and detective agencies and the issuance of licenses therefor, such Ordinance to provide proper safeguards for the public. The motion was seconded by Mr. Mheeler and adopted. Mr. Dillard voting no. BUDGET-HEALTH DEPARTMENT: A request of the City Manager for an appro- priation of $675,00 to cover the cost of a new meat grinder for use at the Meat Inspection Center, laid over from the previous meeting Of Council, was again before the body. The City Manager recommended that Council table the mutt~r indefinitely. Mr. Mheeler moved to table the request. The motion was seconded by Mr. Young and adopted. BUDGET-PURCHASING DEPARTMENT: A request of the City Manager for appro- priations of Sgo0.o0 and $295.00 to cover the cost of extra employees and a calcu- lating machine, respectively, in the Purchasing Department, having been laid over from the previous meeting of Council, was again before the body. 28-7 288 The City Manager suggested that Council table thin matter Indefinitely. Mr. Wheeler moved to tnble the request. The motion mns seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOL~TIONS~ EASEMENTS-APPALACHIAN POWER COMPANY-SCHOOLS: Ordinance No. 14352, authorizing and directing the proper City Officials to execute and deliver a deed of easement to the Appalachian Power Company in order that the said company may make available electric service to the Hurt Park Elementary School, having pre- viously been before Council for its first reading, read and laid over. mas again before the body, Mr. Wheeler offering the folloming for its second reading and final adoption3 (z14352) AN ORDINANCE authorizing and directing the proper City Officials to execute and deliver a deed of easement to the Appalachian Power Company. (For full text of Ordinance, see Ordinance Book No. 24, page 428.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following rote: AYES: Ressrs, Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson .......... NAYS: None ............O. WATER DEPARTME~f~: Ordinance No. 14354. authorizing the sale and conveyanc of approximately 10.4 acres of land at the City*s Carvins Cove filter plant, in Roanoke County, to the Commonwealth of Virginia, Department of Highways, upon certain terms and conditions, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Wheeler moved to lay the Ordinance over until the next regular meeting of Council. The motion mas seconded by Mr. Young and adopted. AIRPORT: Ordinance No, 14355, authorizing the leasing of certain space in Building NO. I at Roanoke Municipal Airport to the United States of America upon certain terms and conditions; and authorizing the execution of a certain contract for the furnishing ~ the Federal Aviation Agency of certain services in said building, having previously been before Council for Its first reading, read and laid over, was again before the body, Mr. Young offering the folloming for its second reading and final adoption: (a14355) AN ORDINANCE authorizing the leasing of certain space in Huilding No. 1 at Roanoke Municipal Airport to the United States of America upon certain terms and conditions; and authorizing the execution of a certain contract for the furnishing to the Federal Aviation Agency of certain services in said building. (For full text of Ordinance, see Ordinance Book No. 24, page 429,) Mr. Young moved the odoptioo of the Ordionoce. The motion mas secooded by Mr. Mheeler nad adopted b7 the follomiog rote: AYES: Messrs. Cornell. Dlllord. Pollsrd, Mebber. Mheelero Toong. nod the President, Mr. Aoder$oo ...... ?. NAYS: None ............ O. MOTIONS AND MISCELLANEOUS BUSINESS: STATE HIGHMAYS: Dr. Cornell stated that he has requested an investigating committee of the Congress of the United States to investigate the proposed extensio~ of the Interstate spur from Route HI into the City from Orange Avenue, N. E., to Elm Avenue, S. E,, and that prior to submission of certain information he has assembled to the said committee, he desires to advise Council that he is opposed toti the extension of the spur for the following reasons: 1. The cost of such exten- for one and one quarter miles is estimated at $13,000,000,00 uhich he thinks sion is excessive. 2. Five million dollars of businesses will be displaced by the ssidil spur extension, including the Clover Creamery. 3. The extension will extend through the Commonwealth Redevelopment Project at an estimated cost of $1,000,000.00 to the city, the development project having been delayed since IRS5 at a cost of $4,500,00 per month in interest alone, and will entail a loss of $613,000.00 in school credits to the city in the Commonwealth Redevelopment Project financing. 4, To extend the spur south from Elm Avenue will cost additional millions of dollars of which the city will be required to pay 25 per cent. 5. The spur extension will take a portion of Elmwood Park and destroy that park as a site for the proposed Municipal Auditorium. 6, It rill cut Southeast off from the city. After some discussion of the matter, during which it was pointed out that there have been changes in the proposed construction since preparation of the preliminary map which Dr. Cornell exhibited; that the portion Of the spur to which he referred sill not touch Elmwood Park, will not eliminate the Clover Creamery to which Dr. Cornell referred and will improve roadway communications with the Southeast portion of the city; and that the entire project has previously been approved by the City Planning Commission, the City Council, the Department of Highways of the Commonwealth of Virginia, and the United States Bureau of Public Roads, Mr. Mebber moved to adjourn the meeting. The motion was seconded by Mr. Mheeler and adopted. APPROVED '289 , ,,290 COUNCIL, REGULAR MEETING, Moadny, March 27, 1961o The Council of the City of Roanoke met in regular meeting ia the Couscil Chamber in the Ranicipal Building, #ouday, March 2?° 1961, at 2:00 o~clock, po moo the regular meeting hour, with the President, Mr. Anderson, presiding. PRESENT: Ressrs, Cornell, Dillard, Pollard. Nebber, Rheeler, Young. and the President. Hr. Anderson .............. ABSENT: None .................. O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Hr. James N. Kincanon, Assistant City Attorney, Hr° Barry R. Yates. City Auditor. and Ur, J, Robe: Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend G, Palmer Belcher, Pastor, Preston Oaks Baptist Church, MINUTES: Copy of the minutes of the regular meeting held on March 20, IR61 haydnR been furnished each member of Council, upon motion of Mr, Mheeler, seconded iby Mr. Young and adopted, the reading teas dispensed with and the minutes approved ....... deal. HEARING OF CITIZENS UPON PUBLIC MATTERS: NON~. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEyS-SCHOOLS: The City Clerk presented a communication from !ithe Brentwood Sales and Development Corporation, requesting that Council dedicate a *!istrip approximately 25 feet mide from the western side of the Monterey School Site fc ithe widening of Oliver Road, N, E,, between Oaklawn Avenue and Monterey Avenue, and iagreeing to furnish the necessary physical improvements for widening the said street at this point and also for widening, the portion of the street extending directly north therefrom between Monterey Avenue and Houston Avenue for which property is being dedicated by A, M, Coon, et ox, Also presented were communications from the City Planning Commission, the Roanoke City School Board and the City Manager approving the request, Mr, Wheeler moved to concur in the request and offered the following emer- gency Ordinance: (~14564) AN ORDINANCE dedicating certain public property for the purpose of extending Oliver Road, No E.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 24, page 431,). Mr, Wheeler moved the adoption of the Ordinance, The motion mas seconded by Mr, Young and adopted by the following vote: AYES: Idessrs, Coruell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr° Anderson ......... 7. NAYS: None ........... O. SEWERS AND STORM DRAINS-STREETS AND ALLEYS: The City Clerk presented a petition bearin9 fifteen signatures of residents of the 2500 block of Averett Street ~, W,, requesting that the city drill a drainage shaft or otherwise drain water from that street and also gravel the mud holes therein, Hr. Dillard aoved to refer the petition to a committee of Council to be ap pointed by the Mayor for ctudy and recommendation. The notion was seconded by Dr, Cornell, Hr, Webber offered a substitute motion to refer the matter to the City Nanager for consultation with Dr. myron N. Cooper concerning the feasibility of drilling a drainage shaft in that location and submission of his report thereon; also, for administrative handling of the requested street repairs. The substitute motion was seconded by Mr. Wheeler and adopted. #essrs, Cornell and Dillard voting no. SOUTHEAST CIVIC LEAGUE-TRAFFIC: The City Clerk presented a communication frou the Southeast Civic League, advising that there is considerable tie-up of traffic at the Norfolk and Western Railway Crossing at Ninth Street, N, E,, south of the American Bridge Plant, by reason of N, ~ W, trains shifting at that location;l and that the worst tie-up exists between 4:30 p, m, and 5:30 p, m,, the Southeast Civic League requesting that Council investigate the matter to see if there is any way to alleviate the situation, Dr, Cornell moved to refer the matter to Mr, Walter L, Young as a committe of one to consult with the proper officials of the railway company with a view of determining whether or not this condition can be alleviated. The motion was second- ed by Mr, Dillard and adopted, ZONING: The City Clerk presented a communication from J, E, and Nancy M, Patsell, requesting that their property located On the southeast corner Of Drownlee Avenue and Dennington Street, S, £,, designated as Lots §, g and 10, Block 1, East- Place. Official Tax Nos, 4340201-4340203, inclusive, be rezoned from General Residence District to Business or Light Industrial District. Mr, Nheeler moved to refer the request to the City Planning Commission for study and recommendation, The motion was seconded by Mr. Young and adopted, ZONING: The City Clerk presented a communication from Harold K, and Nary Frances Cooper, requesting that their property designated as Lot 9, Section *R** Williamson Groves, Official Tax No, 3070508, located on the westerly side of Court- land Avenue,.N, L,, between Carver Avenue and Sycamore Avenue, be rezoned from Gen- eral Residence District to Light Industrial District, Dr. Cornell moved to refer the request to the City Planning Commission for study and recommendation, The motion was seconded by Mr, Wheeler and adopted, REPORTS OF OFFICERS: BUDGET-ANNEXATION: The City Manager requested an appropriation of $13,331,69 to pay the following accounts: Marcus A. Bieler, $4,192,75; llarland iOartholomew and Associates, $1,018,40; Bichard T, Edwards, $1,224,50; Woodrum and Gregory, $1,234,55; Wiley and ~ilson, $3,67g,59; Kennett and Kennett, $1,9gl,90, in connection with the annexation proceedings, Mr, Young moved to concur in the request and offered the following emer- gency Ordinance: 29.1 292 (c14365) AN ORDINANCE to amend and reordnin Section xlss, "Annexation," of the 1961 Appropriation Ordinance, and providing rot an ewergency. (£or full text of Ordfnauce, see Ordinance nook No, 24, page 433°) Hr, Young moved the adoption of the Ordinance, The motion was seconded by Mr, #heeler and adopted by the following vote: AYES3 Messrs, Pollard. Yehber, Wheeler, Young, and the President, Mr, Anderson ......................................... S. NAYS: Ressrs. Cornell and Dillard .....2. DUDGET-AIRPORT: The City Manager requested that $1,049.00 be transferred iifrom Contractors in the "Snow and Ice Removal" account to Contractors in the "Air- port" account of the 1961 budget, to cover the cost of removing snow at the Roanoke Raniclpal Airport. Mr. Nheeler moved to concur in the request and offered the following emergency Ordinance: (=14366) AN ORDINANCE to amend and reordain Section =85, "Snow and Ice iRemoval," and Section ~88. "Airport." of the lg61 Appropriation Ordinance, and pro- viding for an emergency. (For full text of Ordinance. see Ordinance Dunk No, 24, page 433.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr, Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, ~ollard, Webber, Wheeler, Young, and the President, Mr. Anderson .......................... 7. ., NAYS: None ............................O. DUOGET-STREET SIGNS: The City Manager requested a transfer of $175.00 from Materials to Contractors in the "Street Signs" account of the 1961 budget. gr. Young moved to concur in the request and offered the following emer- !Igency Ordinance: (=1436T) AN ORDINANCE to amend and reordain Section ~82, "Street Signs and Markings," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 434.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Ur. Wheeler and adopted by the following vote: AYES: Messrs. Cumuli, Dillard, Pollard. Webber, Wheeler. Young. and the President, Mr. Anderson .......................... 7. NAYS:: None~ ........................... O. BUDGET-STREETS AND ALLEYS: The City Manager submitted a list of appraisers mttorneys and negotiators who have been selected in connection with obtaining a iiight of way for the widening of Salem Avenue, So ~+, between First Street and Sec- ~nd Street, in connection with the Federal Aid Urban Project, and requested approval of Council for employment of these persons. Mr. Nebbet moved to lay the matter over until the next regular meeting of Council. The motion was seconded by Dr. Cornell and adopted. BUDGET-JUVENILE DEZENTIOR HOME: The City Manager requested un appropria- tion or $750.85 to corer the coat of certain change orders la connection with the contract for construction of the new Juvenile Detention Home, Mr, Hheeler moved to concur in the request and offered the following emer- gency Ordinance: (~14366) AN ORD~NANC£ to amend and r,ordain Section ~142. "Transfer to Improvement Fund," of the lgdl Appropriation Ordinance, and providing for an emer- gency. (For full text Of Ordinance. see Ordinance D,ok Ho. 24. page 435.) Mr. Wheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: MessFS. C,Fo,Il. Dillard. Pollard. Hebber. Wheeler. Young. and the President, Mr, Anderson .............................. ?. NAYS: None ................................O, DEPARTMENT OF PUBLIC WELFARE: The City Manager advised that Lindsey- Robinson and Company. Incorporated. has requested that the lease for certain storage space in its property, which was authorized by Ordinance No. 14359. adopted on the 13th day o~ March. 1961. be amended to provide for a thirty-day notice of termina- tion rather than the sixty-day notice contained In the lease previously authorized. Mr. Wheeler moved to concur in the request and offered the f, Il,ming Resolution: (~1436q) A R£SOLDTION relating to the leasing of certain space at No. 702 Shenandoah Avenue. N. H.. for the storage and distribution Of surplus commodities. (For full text of Resolution. see Resolution Book No. 24. page 435°) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and .adopted by the following vote: AYES: Messrs. Corn,il. Dillard. Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson .............................. 7o NAYS: None ................................O. REPORTS OF COMMITTEES; NONE. UNFINISHED BUSINESS: SALE OF PROPERTY: The City Clerk presented a communication from the Cen- tral Atlantic States Mission of The Curch of Jesus Christ of Latter-Day Saints. with drawing its offer of February 27. lqdl. to purchase a parcel of city-owned property lying on Brambleton. Av~nue. S. M** between Welch Road and Overland Drive. at a price of $15,000.00, and advising that it is withdrawing its offer because of oppo- sition to the citizens in the neighborhood. .~he City Clerk also pre~ented a petition beuring the signatures of thirty- six residents of the area. requesting that Council incorporate the property concern- ed into the city's park system as a part of Fishburn Park in order that it might be maintained in its present condition. Mr. J. Wilson Xngram. Attorney for the petitioners, appeared before Uounci and stated that until very recently the residents of the neighborhood considered 293 294 this plot a part of the park system; that it Is presently being maintained by the Department of Parks and Recreation in the same manner os city parks; and that It has been used extensively as a playground for children living in the area, Mr. Dillard moved to direct the City Attorney to prepare an Ordinance dedicating the property concerned as a part of the city's park system and speciflcal ly a part or Flsbburn Park, The motion mas seconded by Or, Cornell. Mr. Young. stating that he believes further consideration should be given to the matter, moved to table the petition for further consideration. The motion was seconded by Mr, Wheeler and adopted. Messrs, Cornell and Dillard voting no, Mr, Webber moved to accept and file the letter of mlthdrawal submitted by The Church of Jesus Christ of Latter-Day Saints, The motion mas seconded by Young and adopted, ADYERTISINO: Conncil at its meeting of March 6, 1961, having directed i!the City Attorney to furnish it an opinion advising whether The Roanoke Star qualifJ i!under of certain city advertising, the City Attorney sub- the law for publication ii t iimitted his repor in which he advised that, based upon certain information available iltol his office, it is his opinion that The Roanoke Star does neet the Charter and statutory qualifications required of newspapers in mhich legal advertisements and publications may be made in those instances where a single publication or a publi- cation once a week for more than one week is all that Is required; and that Ob- viously the paper will not qualify as one in which daily consecutive publications might be made mhen that form of advertising is required, Mr. Webber moved to receive and file the report. The motion was seconded by Mr. Young and adopted, Mr, Dillard moved that the matter Of the publication of all city advertis- ing be referred to a committee to be appointed by the Mayor for study and recommenda riga, The motion was seconded by Dr, Cornell and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDAINANCES AND RESOLUTIONS: WATER DEPARTMENT: Ordinance No, 14354, authorizing the sale and conveyanc of approximately 10.4 acres of land at the City's Carvins Cove filter plant, in Roanoke County. to the Commonmealth Of Virginia, Department of Highways, upon cer- tain terms and conditions, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Dillard moved to lay the Ordinance over until the next regular meeting of Council. The motion was seconded by Mr, Young and adopted, ZONING: Ordinance No. 14362. rezoning Lot No. 10, Dlock 3. according to the Map of Crandin Court, Official No, 1SSiOld, from General Residence District to Special Residence District, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Wheeler offering the following for its second reading and final adoption: (#14362) AN ORDINANCE to amend and re-enact 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, 24, page 431.) Mr. Wheeler moved the adoption or the Ordinance, The motion mas seconded by Mr, Pollard and adopted by the folloming rote: AYES: Messrs, Cornell. Dillard, Pollard. Nheeler. Young. and the Presi= dent. Mr, Anderson ......................... NAYS: Hr. Nebber ................1, MATER DEPARTMENT: Council at its meeting of March 13. 1961. having dir- ected the preparation of a Resolution granting to the Salem Rotary Club permission to hold a water ski shom on the Carvins Cove lake, Mr, Webber offered the following Ordinance: (n14370) AN ORDINA~C£ granting to the Salem Rotary Club permission to June 25, 1961, upon certain terms and conditions; providing for an alternate date for the holding of said show; and temporarily suspending certain of the regulations in effect at the Carvins Cove area. · HEREAS. the Salem Rotary Club has requested permfssion to sponsor and entire proceeds from which are to be used for charitable purposes and the City Man- agar has recommended that the Council permit the same to be held pursuant to sub= section (g), Section 4, Chapter 2, Title XII, of The Code of the City of Roanoke, 1956. upon the terms and conditions hereinafter provided. THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that the Salem Rotary Club be, and it is hereby permitted to sponsor and conduct, without charge by the City, a water ski show in a part of the recreational are~ at Carries 1. That the area to be used for said show shall of State Route No. 64§, together with that portion Of of approximately 200 yards; 2. That during the conduct of such shom and re- area to be adequately marked andpatrolled in order that persons not participatin9 in said show not em- S. That said permittee provide and maintain dur- ing the time of such show and immediately preceding and following the same adequate police service to in- 295 296 the road leading to Corvins Cove recreation area and to preserve good order at said show onde further. to have available at the place of said shom adequate first aid and emergency equipment and facilities; 4, That, this permit being nonexclusive, said permittee shall not prevent by the requirement or admission tictet or otherwise the entry of any person into any part of the Carvins Cove recreational area other than the water area wherein said show is to be conducted; 5, That, prior to said show or to any rehearsal therefor, said permittee shall have executed an tested copy of this ordinance in evidence of its consent to all of the terms and provisions hereof and, further, shall have filed with the City Clerk copies of such public liability and property damage insurance policies, or certificates thereof, as shall be re- quired by the City Manager and approved by the City Attorney; 6. That said permittee, by exercising any of the privileges herein granted and by execution of an at- tested copy of this ordinance, shall be deemed to have agreed and convenanted to indemnify and save the City harmless from any liability or claim arising in any manner from its exercise of the privileges herein gram}ed; ?o That, in the event of bad weather oF other un- foreseen circumstances precluding the conduct of said show on June 25, 1961, said show may be conducted and the privileges of this permit exercised, subject to all of the terms and conditions hereof, on July 1961, at the above-mentioned time; and 8. That, except as herein otherwise provided, said permittee and all participants in said show wlll comply with and observe all of the City's rules and i regulations concerning the operation of the Carvins Cove area. t BE IT FURTHER ORDAINED that for the purpose of rehearsing for and conduct- lin h ' h th r ' nd'r I tion for the o eration and use of the g t e aloresaid s ow, e utes a egu a s p ~arvins/ COVE area shall be suspended as to those persons and those boats actually ! "participating in said show to the extent that no permit fee or inspection shall be required of said boats and the same may be moored overnight preceding the day of sat( show In the snail core above-mentioned nor shall the regulations relating to open exhausts, fuel. speed, right of way or lights apply to those boats participating ia or rehearsing for suid water ski show. BE IT FURTDER ORDAINED that the City #anager be. and he is hereby charged iuith the general duty of administering and enforcing the terms and provisions of 'this permit. Wr. Webber moved the Ordinance on its first reading. The motion nos sec- onded by Dr. Corn,Il and adopted by the foil,ming vote: AYES: Wessrs. Corn, Il. Dillard. Pollard. Webber. Wheeler. and the Presi- dent. Hr. Anderson .......................... 6. NAYS: Wr, Young .................. 1. WATER DE PARTWENT: Council at its meeting of. Watch 20. 1961. having dir- ected the preparation of a Resolution authorizing the City Wanager to call for bids for the sale of pulp timber on the Falling Creek - Beaver Dam Watershed. and provid- ing for the employment of Br. Roscoe Looney to m~rk the boundaries of cutting areas and to act as inspector during the cutting of the said pulpwood. Wt. Wheeler offered the following Resolution: (~14371) A RESOLUTION authorizing the City Manager to advertise for bids for the purchase of certain pulpwood growing on the Falling Creek - 5eager Dan Watershed; and providing [or the employment o[ Mr, Roscoe Looney to mark the hound- aries of the cutting areas and to act as inspector during the cutting of such pulp- (For full text of Resolution. see Resolution Book No. 2d0 page 436.) Rt. Rheeler moved the adoption of the Resolution. Yhe mutiou was seconded by Br. Young and adopted by the following vote: AYES: Ressrs. Cornell. Dillard. Pollurd. Webber. Wheeler. Young, and the President. Mr. Anderson ..................... 7. NAYS: None .......................Oo POLICE DEPARTMENT: Council at its meeting of March 20, 1961, having dir- ected the preparation of a Resolution accepting the bid of Wright Motor Corporation for six Plymouth police cars, Mr. Young offered the following Resolution: (n14372) A RESOLUTION accepting the proposal of. Wright Motor Corporation for supplying six new police automobiles; walvtog the provision of the advertisement calling for delivery of the vehicles within thirty-five days; authorizin9 the Pur- chasing Agent to issue the requisite purchase order; and rejectin9 all other bids. (For full text of Resolution, see Resolution Book No. 24, page 436.) Mr. Young moved the adoption of the Resolution. The motion mas seconded by Mr. Wheeler and adopted by the f,Il,win9 vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ..................... NAYS: None .......................O. 297 2:98 D£~AR/MENT OF PUBLIC MELFAR£-SCHO01~: Council at it S ~eeting of March 20, 1961, baying directed the preparation of n Resolution providing fo~ conveyance to the Northeast Nursery School Board of the old Galosh,r, School site for use ·s · site for the Northeast Nursery School, Mr, Webber offered the f,Il,ming Resolution: (n14373) A RESOLUTION expressing this Council's conditional uJlliogness to lease the Galosh,r, School site unto a corporation to be formed by the Northeast Nursery School' Board. (For full text of Resolution, see Resolution Rook No. 24, page 437.) Mr, Webber moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Poll·rd, Webber, Wheeler, Young, and the President, Mr, Anderson ......................................... NAYS: Messrs, Cornell and Dillard .....2. Mr. Dillard moved to direct the City Attorney to furnish Council an oplnio advising the number of votes required in Council to adopt an Ordinance authorizing the sale, lo·se or donation of public property for other than municipal purposes. The motion was seconded by Or. C,moil and adopted. ~O~ONS ANO MISC£LLAN~O~$ DUSZNESS: TRAFFIC-SIDE~ALK, CDRB AND GUTTER: Mr. Au F. Wagner appeared before Council and reminded said body that he has, on previous occasions, requested the installation of a traffic light at the intersection of Seventeenth Street and Orange Avenue, N. W°, and the construction of · sidemalk on the north side of Orange Avenue No W. i MILK: /he City Manage~ and the Commissioner of Health advised Council that the Legislative Council is the of Virginia Advisory question iJinspection and control of milk and milk produet~ preparatory tO submitting to the ilnext session of the General Assembly recommended legislation governing the subject; ithat this study grew out of bills introduced in the last session of the Legislature ilfor placing under tho State Department of Agriculture the inspecti ....d control of I milk and milk products and removing from the State Health Department and the local ~departments of health any control; that the legislation pre'l,only introduced would ilhave invalid·ted the city*s laws governing milk and milk products sold therein; that this meeting is being held on ~arch 30, 1961, in Roanoke; that Council is requested to express its feeliug in the matter and provide for transmission of that expression to the V. A, L. C, by a committee; that the State Commissioner of Agriculture and the State Commissioner of Health have entered into a temporary agreement whereby inspection of milk on the farms and to the unloading platforms at creameries will be conducted by the St·to Department of Agriculture and inspections from the unloading platforms at the creameries 'to the consuming public will be performed by the St·to Department of Health and the l,cai departments of health; that the agreement con- tempi·les all inspections and control of milk and milk products in the City of nuke being accomplished under the city's present laws dealing therewith, the Commis- sioner of Health requesting that Council authorize her to approve this temporary agreement as applicable to the city. Mr, Wheeler moved to authorize the Commissioner or Health to approve for the City o~ Roanoke the temporary agreement between the State Commissioner of Health end the State Commissioner of Agriculture covering control end inspection of milk and milk products. The motion nas seconded by Mr, Young and adopted. Hr. Webber:moved to appoint n committee consisting of Muyor Willis M, Anderson, Messrs. Arthur $. Owens, Randolph G, Whittle, Wllliaw D, Hopkins. ¥osscn Gregory and Julian H. Rutherfoord, Jr** said committee being requested to appear before the Virginia Advisory Legislative Council at its meeting on March 30, lg61, and advise the said Council that the Council of the City of Roanoh~ is in favor of retaining the present control exercised by the City Health Department under the present city Ordinances of milh and milh product~ consumed in the city. The motion was Seconded by Dr. Cornell amd adopted, YOUTH COMMISSION: Council at its previous meeting having laid over a report of the City Clerk that the terms of Mrs. A, fl, Camper and Dr, D, E. McQuilkin as members of the Youth Commission will expire on April 30, 1961. the matter was again before the body. On call from the Chair, Dr. Cornell placed ia nomination the names of Mrs. A, Ho Camper and Dr, D. E. McOuJlkin for reelection as members of the Youth Commission, Mr. Wheeler moved to close the nominations. The motion was seconded by #re Young and adopted, Mrs, A. fl. Camper and Dr. D. E. lcOuilkin were reelected as members of Shell Youth Commission for terms of two years each beginning on May 1, 1961, by the fol- lowing vote: Fog MRS. CAMPER: Messrs. Cornell, Dillard. Pollard Webber Wheeler. Young. and the President, Mr. Anderson ................. 7, FOR DR. MCQUILKIN: Momars, Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson ................. 7. There being no further business. Council adjourned, APPROVED President 299, 300. COUNCIL, REGULAR MEETING, Monday. April 3, 1961, The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Building, Monday, April 3, 1961, at 2:00 o'clocR, p. m., the regular meeting hoar, with the President, Mr. Anderson, presiding. PRESENT: Messrs. Dillard, Pollard. Mebber, Mheeler, Young. and the President, Mr. Anderson ............ 6. ABSENT: Dr. Cornell .....1. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. James N. Kin- canon, 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 M. D. Nnnley, Pastor, New Hope Christian Church. MINUTES: Copy of the minutes of the regular meeting held on March 27. 1961. having been furnished each member of Council, upon motion of Mr. Mheeler. seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF ~XTIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: DAYLIGHT SAVINO TIME: The City Clerk presented ~ c~mmunication from Domntomn Roanoke, Incorporated, requeatin9 that Council adopt an Ordinance estab- lishing daylight saving time in the City of Roanoke from midnight April 30. lgGl, to midnight October 29, 1961, and for each succeeding year for the same period, and a petition bearing signatures of 198 employees of the Norfolk and Mestern Rallmay Company endorsing the request. The folloming mere also presented in favor of the establishment of daylight saving time: petitions signed by tmo residents and four residents. respectively; a communication from Communications Workers of America; Mr. J. Mllson lagram; Mrs. Sherman S. Carr; Or. John A. Martin; Mr. Harry P. Comley; Johnson- Carper Furniture Company, Incorporated; M~ady Motor Linen; General Electric Company, and the following presented in opposition: a petition bearing the stgnatul of 55 residents; a communication from Mr. L. Y. Burgess. Mr. Fred L. Corstaphney appeared and stated that a radio-tv poll has been taken covering 2,222 persons in the community, resulting in 1.6B1 in favor of day- light saving time and 541 opposed. Appearing before Council in favor of the request were Mr. W. A~ House, representing Downtomn Roanohe, Incorporated; Messrs. Stanley A. Talbott. Jack C. Smith and Jack M. Goodyhoontz. representing the Roanoke Chamber of Commerce; and Don L. Costa, representing Allstate Insurance Company. Appearing before Council in opposition to the establishment of daylight saving time mere Mr. R. G. Theimer, Jr., representing the drive-in theatre owners of the cowwunlty; Mr. B. B. Nelson, President of the Local of International Alliance of Motion Picture Operators; Mr. C. F. Kornes. stating that he represents Norfolk and Western employees who begin work at 7:00 o'clock, o. m.; and Mr. H. L. Arthur. sold opponents pointing out that in their opinion the state law does not permit Roonoke to establish daylight saving time. Mr, Webber moved to table the request. The motion was seconded by Mr. Wheeler end adopted. Mr. Webber then moved to direct the City Attorney to furnish Council an opinion advising whether it way legally establish daylight saving time in the city. The motion was seconded by Mr. Young and adopted. INTEGRATION-STADIUM: The City Clerk presented n communication from Mr. Reuben E. Lawson, protesting segregated seating arrangements at the Municipal Stadlom for the Colts-Steelers Football Came scheduled to he played at the stadium later this year under the sponsorship of the Chamber af Commerce. Appearing in support of the request were Mr. E. S. Brown, Nancy Smith and Mrs. Ceorge Gordh. Mr. Pollard moved to request the City Attorney to furnish Council an opinion advising whether it may legally provide for desegregated seating at the game. Zhe motion was seconded by Ur. ~heeler and adopted. LICENSES: The City Clerk presented a communication from National Business College, requesting that the license tax on private schools be abolished or amended to provide a lower rate of taxation. Mr. Mebber moved to refer the request to a committee composed of Messrs. Randolph C. Mhittle. Chairman, Harry R. Yateso Andrew M. COlbert and C. M. Cornell for study and recommendation along with its other assignments concerning the license tax structure. The motion was seconded by Mr. Wheeler and adopted. ZONINC: The City Clerk presented a communication from Dr. Carl S. Pedigo, requesting that his property located on the north side of Brambleton Avenue, S. W., between Ashby Street and Red Rock Bond, designated as Lot IB, and part of Lot 17, Block 5. Evergreen Development Company, Official Tax Nos. 1650518 and 1650519, be rezoned from General Residence District to Business District. Mr. Wheeler moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Young and adopted. BUDGET-CITY SERGEANT: The City Clerk presented a communication from the City Sergeant, requesting an appropriation of $179.20 to supplement the telephone appropriation contained in the 1961 budget for his department, in order that he might increase telephone facilities needed to perform additional services in civil matters. The City Clerk also presented u communication from the State Compensation Board approving an increase in appropriation amounting to $163.20o but disapproving a $15.00 charge for installation of telephone service, and advised Csuncil that the City Sergeant has requested that the $15.00 item disapproved by the State Compensation Doard be paid entirely by the city. 30t Nv. Young moved to concur in the regues% of the City Sergennt and offered the follomlng emergency Ordinance: (B14374) AN ORDINANCE ,to amend und reordein Section 827, USergeenttm of the lgGl Appropriutlon Ordinance, iud providing for au emergency. (For full text of Ordinance, see Ordinnnce Sunk No. 24, page 440.) Hr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler mud adopted by the following vote: AYES: Messrs. Dillard, Pollard, Webber. Nheeier. Young, and the President, Mr. Anderson ......... NAYS: None ...........O. (Dr. Cornell absent) HOUSING-SLUM CLEARANCE: The City Clerk presented a communication from the City of Roanoke Redevelopment end Housing Authority, advising that it has employed Mr. Tom Stockton Fox as legal counsel to defend the Authority in a Man- damus Suit instituted by five families residing in the Commonwealth Redevelopment Project area; and that the entire cost of defending the suit is a part of the Commonwealth Project cost. Mr. #heeler moved to file the communication. The motion was seconded by Mr. Young and adopted. Mr. Dillard voting no. SEWERS AND STORM DRAINS: The City Clerk presented a Resolution of the Council of the Town of Salem, requesting that the contract of October 16, lg53, between the City of Roanoke and the Town Of Salem, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 41.82q-acre area lying in Roanoke County immediately south of the Zown of Salem. Mr. Wheeler moved to refer the request to a committee composed of Messrs. Roy L. Webber, Chairman, Walter L. Young. Arthur Whittle for study and recommendation. The motion was seconded by Mr. Young and adopted. REPORTS OF OFFICERS: HUDGET-AIRpORT: The City Manager requested an appropriation of $1,383.11 to cover additional costs in connection with the remodeling of Hangar No. I at Roanoke Municipal Airport, which additional costa have been approved by the Federal Aviation Agency. Mr. Webber moved to concur in the request and offered the following (#14375) AN ORDINANCE to amend and veordain Section m142. "Transfer To Improvement Fund." of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 24, page 441.) Mr. Webber moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the follomlng vote: AYES: Messrs. Dillard, Pollard, Webber. Hheeler, Young. and the President, Mr. Anderson .......... NAYS: None ............O. (Hr. Cornell absent) BUDGET-AIRPORT: The City Reneger requested ua appropriation of $948.00 to cover the cost Of · 4-inch masonry block mull required to cover exposed insu- lation in the Piedmont Hangar et Roanoke Municipal Airport. along mith a letter from Piedmont Aviation. Incorporated. approving the additional cost. Mr. #ebber moved to concur in.the request and offered thefollowing emergency Ordinance: (s14376) AN ORDINANCE appropriating $948.00 from the Water Replacement Reserve Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Bock No. 24, page 441,) HF. Hebber moved the adoption of the Ordinance. The motion was seconded hy Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Webber, Wheeler. Young, and the President. Mr. Anderson ......... 6. NAYS: None ...........O. (Or. Cornell absent) BUDGET-AIRPORT: The City Manager requested an appropriation of to corer the cost of changing doors In the boiler room so that they will open outward instead of inward in the Piedmont Hangar at Roanoke Municipal Airport. along with a letter from Piedmont Aviation, Incorporated. approving the additional expense. Hr. Webber moved to concur in the request and offered the following emergency Ordinance: (m14377) AN ORDINANCE appropriating $139.50 from the Nater Replacement Reserve Account. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 442.) ~Mr. Webber moved the adoption Of the Ordinance. Tho notion was seconded by Mr. Wheeler and adopted hy the following vote: AYES: Messrs. Dillard. Pollard, Webber. Wheeler, Young. and the President, Mr. Anderson .......... NAYS: None ..... ........ O. (Dr. Corflell absent) AIRPORT: The City Manager requested that Council adopt a Resolution authorizing a project application to the Federal Aviation Agency for installation of high-intensity lights on Runway 15-33, and strengthening of n portion of Runway 5-23 and other related work. the total cost being estimated at $250,000.00, the city*s share thereof being $115,000.00. and expressing the willingness of Council to provide for the necessary funds during the current calendar year, the City Manager advisin9 that the project application in question had been authorized by Council by Resolution 13977, adopted by Council on February 15, 1960, which included the present work contemplated along with other work at a total estimated cost of $350,000.00 and limited the authority to the calendar year 1960; and that it had not been possible to file the application during the preceding year; consequently, a new Resolution is necessary. Mr. Wheeler moved to concur in the request and offered the following Resolution: 303 304 (.14378) A RESOLUTION authorizing the City Rcnager to cause u Project Application to be prepared and. thereafter, execute and submit the same to the Federal Aviation Agency f6r approval, consistin~ of certain improvements proposed to be made et Rosaohe Municipal Airport (Woodrum Airport), and expressing this Oouacll*s willingness to provld~ funds to pay a certain ~ortJon or the cost of such improvements during-the current calendar lear. (For full text of Resolution, See Resolution Book No. 24, page 442.) Hr. Rheeler moved the adoption of the Resolution. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Ressrs. Dillard, Pollzrd. Webber, Mheeler, Young. sad the President. #r. Anderson .......... NAYS: None ............O. (Dr. Coruell absent) STADIUM: The City Manager~submitted a tabulation ~ bids received Victory Stadium and construction of a dressing and shower.room in the south portion of the'west stand at Victory Stadium, showing the bid of S. Le~ls Lionberger, In the amount Of $25o5OO.00, as low, the City Manager recommending that Council accept the low bid and authorize a contract therefor, and advising that an npporpriation will be necessary. offered the following emergency Ordinance authorizing the contract: (m1437q) AN ORDINANCE accepting the proposal of S. Lewis Lionberger dressing and shower room in the south end Of the west stand Of Victory Stadium; 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 Book No. 24, page 443.) Mr. ~heeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Rebber, Mheeler, Young, and the NAYS: None ............O. (Dr. Cornell absent) Mr: Wheeler then offered the following emergency Ordinance appropriating (m14380) AN ORDINANCE to amend and reordain SeCtion ,144, "Departmental Equipment and Improvements**of the 1951 Appropriation Ordinance, and providing (For full text of Ordinance, see Ordinance Book No. 24, page 444.) Mr. Rheeler moved the adoption of the Ordinance. The motion mas seconds by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Pollard, #ebber, Rheeler, Young, and the President. Mr. Anderson ......... 6. NAYS: None ...........O. (Or. Cornel1 absent) REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: BUDGET~STREeTS AND ALLEYS: A report of the City Manager, submitting u list of attorneys, appraisers and negotiators previously selected in connection with the mideulng of Soles Arcane, S. W., between First Street and Second Street, and requesting that Council approve the employment or such. personnel, having been laid over from the meeting of March 2T, 1961, the matter was again before the body. After some discussion, Hr. Webber moved to direct the City Attorney to prepare n Resolution providing f~r the necessary number of appraisers, attorneys and negotiators. The motion mas seconded by Hr. Mheeler and adopted. CONSIDERATION OFCLAIMS: NO~E. INTROOUCTION AND CO~SIDERATI0~ OF OROINANC£S AND RESOLUTIONS: WATER OEPARTR£NT: Ordinance No. 14354. authorizing the sale and conveyance of.approximately IO.4 acres of land at the City's Carvins Cove filter plant, in Roanohe'Uounty, to the Commonwealth of Virginia. Department of Highways. upon certain terms and conditions,- having previously been before Council for its first reading, read and laid over. was again before the body, The City Attorney advined that negotiations with the State ~ighway Department have indicated that the State Highway Department,will accept reservations covering city installations in.the area sought for highway right of way, conse- quently, a new Ordinance will be required providing for the reservations, and suggested that it might be well to disapprove theOrdinance presently before Council:. Mr. Dillard offered the following Ordinance for its ~cond reading: (=14354~ AN ORDINANCE authorizing the sale and conveyance of approximately 10.4 acres of land at the City*s Carries Cove filter plant, in Roanoke County, to the Commonwealth of Virginia, Department of Highways. upon certain terms and conditions. (For full text of Ordinance, see Council Minutes of March 13. 1961.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and lost by the following vote: AYES: None ..................O. NAYS: Messrs. Dillard, Pollard. Webber.. Wheeler, Young. and the President. Mr. Anderson ................ 6. (Dr. Cornell absent) WATER DEPARTMENT: Ordinance No. 14370. granting permission to the Salem Rotary Club to hold a mater ski show at Carvins Cove, 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: (~14370) AN ORDINANCE granting to the Salem Rotary Club permission to hold a water s~l show in a portion of the recreational area at Carvfns Core on Jane 25, lghl, upon certain terms and conditions; providing for an alternate date -305 3(~6 for the holding of said show; and temporarily suspending certain or the regulations In effect at the Carvins Cove area. (For full text or Ordinance. see Ordinance Book Mo. 24. page 438.) Hr. ~heeler moved the adoption of the Ordinance. The motion mas seconded by Mr. ~ebber and adopted by the rolloming vote: AYES: Messrs. Dillard. Pollard. ~ebber. Wheeler. end the President, Mr. Anderson .................... NAYS: Mr. Young ......1. (Br. Cornell absent) MOTIONS AND MISCELLANEOUS BUSINESS: RECREATION DEPARTMENt: The City Manager reported to Council that Brentwood Baptist Church his requested use of the Preston Park Community Center for one hour each Sunday for the purpose of holding church service during an emergency period when its church is not available, and that he has granted the permission for use of the center ns requested, which use will not interfere with the normal operations of the recreation center. YOUTH CO#MISSION: The City Clerk reported that the term of Dr. Charles H. Cornell as a member of the Youth Commission will expire on April 30. 1961. said term being for tmo years. Mr. Wheeler placed in nomination the name of Dr. Charles M. Cornell for reelection as a member of the Youth Commission for a term of two years beginning May 1, 1951. Mr. Nebber moved to close the nominations. The motion was seconded by Mr. Young and adopted. = Dr. Charles M. Cornell was reelected as a member of the Youth Connission for a two year term beginning May 1. 1961. by the following vote: FOR DR. CORNELL: Messrs. Dillard, Pollard. Webber, Wheeler, Young. and the President, Mr. Anderson .... There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday, April 10, 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, April 10, 19&l. at 2:00 o°clock, p, m** the regular meeting hour. with the President. Mr, Anderson. presiding. PRESENT: Ressrs, Cornell, Dillard, Pollard, Webber, Wheelers Young. and the President. Mr. Anderson ................ 7, ABSENT: None ....................O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Managers Mr. James N. Kincanon, Assistant City Attorney, Mr, Ratty R, Vates, City Auditor, and Mr, J, Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend James R, Dock, Associate Pastor, Raleigh Court Methodist Church, MINUTES: Copy of the minutes of the regular meeting held on April 3, 19&l, having been furnished each member of Council, upon motion of Mr, Wheeler, seconded by Mr, Pollard and adopted, the reading mas dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE, PETITIONS AND COMMUNICATIONS: AUDITS-CITY TREASURER: The City Clerk presented a report of an audit of the accounts and records of the City Treasurer for funds of the Commonwealth of Virginia for the fiscal year ending June 30, 1960, as prepared by the Auditor Of Public Ac.counts of Virginia, stating that all funds of the Commonmealth of record have been properly accounted for. Mr, Wheeler moved to file the report, The motion was seconded by Mr, Young and adopted. REPORTS OF OFFICERS: BUDGET-AIRPORT: The City Manager requested an appropriation of $527.00 cover the cost of soil and stone samples in connection with strengthening of Runway 5-23 at the Municipal Airport, Hr. Pollard moved to concur in the request and offered the follomJng emer- gency Ordinance: (~143§1) AN ORDINANCE to amend and reordain Section n142, "Transfer to Improvement Fund," of the 1961 Appropriation Ordinance, and providing for an emer- gency, (For full text of Ordinance, see Ordinance Bock No. 24, page 445.) Mr, Pollard moved the adoption of the Ordinance, The motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .................... 7, NAYS: None ......................O. 308 STREETS AHD ALLEYS: The City #an·gar presented · tabulation of bido received for paving of Whit.side Street. N, E.. from Huntington Bo·lev·rd to the Runt.rev School property, showing the bid of Adams Construction Company, in the amount of $10.25~.?0. as low. ·nd recommended acceptance of the Iow bid. the City manager advising that Council has appropriated $18,756,00 for thio purpose on ~·rcb 20. 1961, Hr, Wheeler moved to concur in the recommendation of the City manager and offered the following emergency Ordinance accepting the low bid: (#14382) AN ORDINANCE ·ccepting the propos·l of Adams Construction Comp·- ny for the p·ving of Whiteside Street, N. E.; ·uthorizing the proper City Offici·ls to execute the requisite contr·ct; rejecting all other bide; and providing for an emergency. (For full text of Ordin·nce, see Ordinance Book No. 24, p·ge 445.) Mr. Wheeler moved the adoption of the Ordjnnnce. The motion was seconded by RrB Young and ·dopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard. Webber, Wheeler, You·g, and the President, Mr. Anderson ................ 7. NAYS: None .................. O, Hr. Wheeler then offered the following emergency Ordinance ·mendin9 the budget to reduce the appropri·tion to cover the cost of the contract, plus adver- tising in the amount of $50.40, the ·mended ·ppropri·tion being $1B,303.10~ (~14303) AN OROINANCE to ·mend and reordain Section ;140, "Street Construction," of the 1961 Appropriation Ordinance, ·nd providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 446,) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Br. Young·nd adopted by the following vote: AYES: Ressrs. Cornell, Dillard, Pollard, Webber. Wheeler, Young, and the President, Hr, Anderson ................ 7. NAYS: None .................. O. REPORTS OF COBHI?TEES: NONE. UNFINISI~D BUSINESS: DAYLIGHT SAVING TIME: Council at its meeting of April 3. lq61, having tabled a request of Downtown Roanoke, Incorporated, that daylight saving time be established in the city, and having requested the City Attorney to furnish an upi·lo in connection therewith, the City Attorney submitted his opinion, advising that under existing state law Council cannot legally establish daylight saving time in the city. Mr. Jack C. Smith, Executive Vice-President of the Roanoke Chamber of Commerce, appeared before Council in connection with the matter and presented the tabulated results of · poll taken of its members by the Chamber of Commerce, showin, that approximately B4 per cent of the members are in favor of daylight saving time in the community, After considerable discussion of the matter. Mr. Pollard moved to direct the City Clerk to transmit to Ronnoke's members of the General Assembly the request of Downtown Roanoke. Incorporated. and other communications and petitions relating thereto, for their information and guidance in considering daylight saving time for ¥irg/mia at the mezt session of the General Assembly. The RD,fDa sas seconded by Me. Rebber and adopted. CONSID£RATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-STREETS AND ALLEYS: Council at its meeting of April 3. 1961. havin directed the preparation of a Resolution authorizing the City Manager to employ appraisers, negotiators and an attorney in connection with acquisition of rights of way for widening of Salem Avenue. S. M.. between First Street and Second Street. under a Federal Aid Urban Project. Mr. Rheeler offered the following Resolution: (~14~84) A RESOLUTION approving the engagement of the services Of apprais~ ers. negotiators and a title examiner in connection with the City, State and Federali! Dighmay Project for the widening of Salem Avenue (Route 11). between Is, Street. S. Mo. and 2nd Street. S. M. (For full text of Resolution. see Resolution Book No. 24. page 447.) Hr. Mbeeler moved the adoption of the Resolution. The notion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Mebber. ,heeler. Young. and the President. Men Anderson .................... 7. NAYS: ~one ...................... O. MOTIONS AND MISCELLANEOUS BUSINESS: INDUSTRIES: Mr. Young stated that there has recently appeared in the Roanoke newspapers an editorial pointing out that the March issue of Commonwealth. the Virginia State Chamber of Commerce magazine, advocated an All-South Pageant of Progress or Industrial Exposition be held immediately after the closing of the Civil!i Mar Centennial in disclose the resurgent south arisen from the April. 1965. to ot Appomattox and leading a nation toward new goals of production and service to mankind; that the local editorial endorsed the proposal, pointing out that this year Roanoke will be host to a third statewide industrial exposition; consequently. it has in the Old Dominion Industrial Exposition. Incorporated. a proper and tested organization for such industrial expositions, and since Old Dominion's Index '65 is already scheduled for the year proposed, the All-South Exposition should be held in Roanoke. Mr. Young stating that since Council at its last meeting authorized further improvements to the area under Victory Stadium. ample facilities are avail- able for such a pageant. 3nd offering the following Resolution: (z14385) A RESOLUTION proposing that an All-South Pageant of Progress OF Industrial Exposition be held in the City of Roanoke in 1965 as a sequel to the Civil Nar Centennial. (FOr full text of Resolution. see Resolution Book No. 24. page 447.) 309 310 Hr, Young aoved the adoption of the Resolution, The Botiou nas seconded by Dr, Cornell nnd adopted by the following vote: AYES: Hessrs, Cornell. Dillard, Pollard, Webber, Rheeler. Young. and the President, Mr, Anderson ................ ?. NAYS: None .................. O. There being no further business. Council adjourned, APPROVED COUNCIL, REGULAR MEETING, Monday, April 17, 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday. April 17. 1961, at 2:00 o'clock, p. m., the regular seating hour, with the President. Mr. Anderson. presiding. PRESENT x Messrs. Cornell, Dillard, Pollard. Rabbet. Rheeler, and the President, Mr. Anderson ............. ABSENT: Mr. Young ........1. OFFICERS PRESENTI 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 meetin9 was opened with a prayer by the Reverend Lewis F. Ovenshire. Executive Director, Coodwill Industries, Incorporated. MINUTES: Copy of the minutes of the regular meeting held On April 10. 1961, having been furnished each member of Council. upon motion of Mr. Wheeler, seconded by Mr. Pollard and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a petition of Mr. Lynn R. Hammond. requesting that his property lying On the northwest corner of Mountain Aveoue and First Street. S. E.. Official Tax No. 4020110, be renamed from Special Residence District to Bnsiness District. Mr. Wheeler moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Dr. Cornell and adopted. SEWERS AND STORM DRAINS-SCHOOLS: The City Clerk presented a communica- tion from Messrs. W. H. Jeter. Claude A. Hodges, E. P. Petticrew, C. E. Wells and T. T. Bradley, Jr.. residing ia the 1000 and 1900 blocks of Brandon Avenue. S. W.. advising that their properties have been damaged by storm water running over and flooding said properties and depositing mud and rocks thereon, as a result of the construction of the Patrick Henry Bigh School adjoining their pro- perties; that each Of the property owners has filed with the Roanoke City School Board claims for the damages sustained by him in September of lqbO; and that said property owners have been unable to receive any consideration of their claims either by the School Board or by the contractor, John W. Daniels and Company, Incorporated. the petitioners requesting that Council take action to assure the settlement of their claims. Mr. Webber moved to refer the request to Messrs. Arthur S. Owens, City Manager, and Randolph G. Whittle, City Attorney, for investigation, attempt to settle the claims and report. The motion was seconded by Mr. Wheeler and adopted. 311 3.1:2. CITY JAIL-POLICE DEPARTMENT: The City Clerk presented reports of inspections of the City Jail nnd the Police Lochup ns performed by the State Department of Melfnre nnd Institutions on March 21, 1961. Mr. Mheeler moved to file the reports. The motion was seconded by Mr. Pollard nad adopted. YOUYH COMMISSION: The City Clerk presented n communication from Dr. D. E. McQullkin, advising that he cannot accept reappoJntment us a member of the Youth Commission for n term of two years beginning May 1, 1961, because of his health. Mr. Wheeler moved to file the communication and thank Dr. McQuilhin for his previous serrfce. The motion was seconded br Mr. Dillard and adopted. Dr. Cornell moved to lay over until the next meeting the question of a~ appointment to fill the vacancy. The motion was seconded by Mr. Dillard and adopted. REPORTS OF OFFICERS: BUDGET-HEALTH DEPARTMENT: The City Manager requested an appropriation of $300.00 to provide for the purchase of an air turbine dental drill for use in the Health Department dental clinic and advised that the present equipment is obsolete. Hr. Pollard moved to concur in the request and offered the following emergency Ordinance: (#14386) AN ORDINANCE to amend and reordain Section e144, "Depart- mental Equipment and Improvements." of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 448.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Messrs. Coroell, Dillard, Pollard, Webber, Nheeler, and the President, Mr. Anderson .......... 6. NAYS; None ............ O. (Mr. Young absent) BUDGE~-JUVENILE DETENTION HOM~: The City Manager requested un appro- priation of $2.435°33 to pay the balance due Randolph Frantz and Associates, Architects. In connection with the construction of the Roanoke Juvenile Detention Home. Mr. Nheeler moved to concur in the request and offered thefollowing emergency Ordinance: (n14387) AN ORDINANCE to amend and reordain Section m142, *Transfer to Improvement Fund." of the 1951Approprla~lon Ordinance. and providing for au emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 44g.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconde by Br. Webber and adopted by the following vote: AYES: Nessrs, Cornell, Dillard, Pollard, Mebbero Wheeler, and the President, Mr, Anderson ......... NAYS: None ...........O, (Mr, Young absent) STREET LICNTS~ The City Nsnnger recommended the installation of a series of street lights et Various locations in the city, Mr,.Pollurd moved to concur lo the recommendation and offered the /ollomlng Resolution: (#14388) A RESOLUTION authorizing the installation of street lights at vnrious locations in the City of Rosnoke. (For full text of Resolution. seeResolution Hook No. 24. page 449.) Mr. Pollard moved the adoption of the Resolution. The motion mas seconded by DF. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber. Nheeler. end the President,' Nv. Anderson ......... NAYS: None ...........O. (Mr. Young absent) HEALTH DEPARTMENT: The City Manager reported the resignation of Dr, W. R. Nhitman as a member of the Board of Health, and the appointment of Dr. W. Allen Hsrkerto fill the unexpired term of Dr. Mhitman ending June 30, 1961. Nv. Webber moved to file the report. The motion was seconded by Mr. Pollard and adopted. WATER DEPARTMENT: The CitI Nanager presented a tabulation of bids received for purchase of the pulpwood on the Falling Creek - Dearer Dam Natershed and reported that because of the present economic conditions and the fact that numerous tracts of pulpwood timber have been placed on the market, thus tying up most of the operators, the bids received by the city are not favorable, the City Manager recommending that the bids be rejected and advising that he will readvet- rise at a more favorable tine in the near future. Mr. Wheeler moved to concur in the report of the titI Manager and to direct tbs City Attorney to prepare a Resolution rejecting the bids received. The motion was seconded by Mr. Webber and adopted. REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of February, 1961, and reported other departmental reports on file in his office. Mr. Webber moved to file the reports. The motion was seconded by Nr. Wheeler and adopted. INTEGRATION-STADIUW: The City Attorney, pursuant to a directive of Council at its meeting of April 3, 1961, submitted an opinion, advising that he has studied the request of Nr. Reuben E. Lawson that Council take action to desegregate the seating arrangements at the Municipal Stadium for the Colts- Steelers Football Game, which will be sponsored by the Roanoke Chamber of Commerce, and that under provisions of ¥1rginia state law Council cannot legally acquiesce in the request. 3:1.3 3 .:4 Er. Mebber moved to recelre nnd file the opinion of the Clt7 Attorney and to formnrd m copy thereof to Mr. Lamson. The motion was seconded bf Mr. Mheeler and adopted. REPORTS OF COMMITTEES: NONE, DNFINISRED BUSINESS: ZONING: Council at its meeting of March 27. 1961. baying referred to the City Planning Commission for study and recommendation a request of Harold K. a~d Mary Frances Cooper that their property designated as Lot Milliamson Groves, Official Tax No. 307050§° located on the westerly side of Courtland Avenue. N, E., between C~rver Avenue and Sycamore Avenue. be rezoned from General Residence District to Light Industrial District, the City Planning Commission submitted its-report, advising that the predominant plan use in the area is Light Industrial and recommending that Council grant the requested rezoning. Mr. Mheeler moved to set a public hearing in the matter for 2:00 o'clock po m.. May 15, 1951. in the Council Chamber. and to direct 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 was seconded by Mr. Pollard and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: LEGISLATION-CITY COOE: Council having previously directed the City Attorney to prepare amendments to the City Code to conform local Ordinances to the state laws dealing with motor ve~cles and traffic, and misdemeanors and offenses, Mr. Wheeler offered the following emergency Ordinance amending Section 4 and Section ??, Chapter 1, of Title XVIII: (~14399) AN ORDINANCE to amend and reordain certain sections of Chapter 1o of Yitle XVIII, of the Code of the City of Roanoke, 1956, relating to Motor Vehicles and Traffic. namely: Sec. 4, Chapter 1. of said title, requiring the drivers of vehicles involved in certain accidents to stop and to make certain reports and providing penalties for the violation of said section; and Sec. ?T, Chapter 1. of said title, relating to the use of chemical analyses of blood of persons charged with the operation of certain vehicles while under the influence of alcohol, etc.. the cost of such analyses and its evidential value; and. providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 451.) Mr. Nheeler moved the adoption of the Ordinance. The motion was'seconde( by Mr. Pollard and adopted by the following vote: AYES: Messvs. Cornell. Dillard, Pollard. Mebber. Nheeler, and the President. Mr. Anderson .......... NAYS: None ............O. (Mr. Young absent) Dr. Coroell offered the following emergency Ordinance amending Section 18. Section 62 and Section 65, Chapter 1. of Title XVIII: (m14390) AN ORDINANCE amending and reordaining certain sections of Chapter 1, Title XVIII, of The Code of the City or Roanoke, 1956, relating to Motor Vehicles end Traffic, namely: Sec. 18, requiring obedience to official signs or signals of police officers and by lights and semaphores; providing certain penalties; Sec. 62, prescribing certain rules of right of way; Sec. 65, imposing certain duties on motor vehicle operators upon the approach Of police, fire department and other emergency vehicles; and proriding for an emergency. (For ~ull lext of Ordinance, see Ordinance Book No. 24. page 454.) Dr. Cornell mored the adoption of the Ordioance, The motion was seconded by Mr. Pollard and adopted by the follomln9 vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, Wheeler, and the President, Mr. Anderson .......... NAYS: None ............O. (Mr. Young absent) Mr. Wheeler offered the following emergency Ordinance amending Section 25 and Section 26, Chapter 1, of Title XVIII: (g14391) AN ORDINANCE amending and reordainin9 certain sections of Chapter 1, Title XVIII, of The Code of the City of Roanoke, 1956, relating to motor vehicles and traffic, namely: Sec. 25. prohibiting the operation of motor vehicles while such operator's license or permit is revoked or suspended, and Sec. 26, prohibiting the operation of motor vehicles during any period wherein restoration of such operator's license or permit is contingent upon furnishing proof of financial responsibility; providing penalties for the violation thereof; and provtdimg for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 457.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the followln9 vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber. Wheeler. and the President. Mr. Anderson ......... NAYS: None---~ .......O. (Mr. Young absent) Hr. Webber offered the following emergency Ordinance amending Section 71, Chapter l, of Title (u14392) AN ORDINANCE amendln9 and reordalning Sec, ?1, Chapter l, Title XVIII, of The Code of the City of Roanoke, 19§6, prescribing penalties to be imposed upon persons convicted of certain acts of reckless driving as defined in certain other sections of the aforesaid chapter relatin9 to Motor Vehicles and Traffic; and providing for an emergency. (For fell text of Ordinance, seeOrdinance Book No. 24, page Hr. Webber moved the adoption of the Ordtnancd. The motion was seconded by Mr. Wheeler and adopted by the following vote: ;31:5 316 AYES: Messrs. Cornell, Dillard, Pollard, Mehber, Mheeler, smd the President. Mr. Anderson-~ ....... NAYS: None ...........O. (Mr. Young absent) Mr. Mheeler offered the following emergency Ordinance amending Chapter 1, of Title XVIII: (n14393) AN ORDINANCE amending Chspter 1. Title XVIII, of The Code of the City of Roanoke, 1956, relating to Motor Yehlcies and Traffic, by adding thereto a new section, to be numbered ?1.1, prohibiting the racing of motor vehicles on any public street or public may in the City or aiding, abetting or enconraging another so to do; prescribing penalties for the violation of said section; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 461.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. #ebber, Wheeler, and the President, Mr. Anderson ......... NAYS: None ...........O. (Mr. Young absent) Dr. Cornell offered the folloming emergency Ordinance amending Section 3 and Section 4, Chapter I. of Title XXIfI: (m14394) AN ORDINANCE amending and reordainin9 certain sections of Chapter l, Title XXIII, of The Code of the City of Roanoke, 1956, gelatin9 to offenses against property, namely: Sec. 3, defining certain acts constituting trespass on property of another, instigating the commission of such act by another and prescribing penalties for the violation of said section; and Sec. prohibiting the willful or maltcions damage Of certain property of another, the unauthorized posting of advertisements, etc., on property of other persons, and prescribing penalties for the violation of said section; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24. page 463.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard, Webber, Wheeler. and the President, Mr. Anderson .......... 6. NAYS: None .....7 ...... O. (Mr. Young absent) Mr. Wheeler offered the following emergency Ordinance amending Chapter 3. of Title XXlll: (n14395) AN ORDINANCE amendin9 Chapter 3, Title XXIlI, of The Code of the City of Roanoke, 1956, by amending and reordatning Sec. 3 of said chapter, prohibiting the act of soliciting for immoral purposes and prescribing penalties therefor, and by adding to said chapter a new section, to be numbered Sec. 14, Mr. Nheeler moved the adoption of the Ordlnnnce. The notion mas seconded by Hr. Pollard and adopted by the following vote: AYES: #essrs. Covnell, Dillerdo Pollard, Yebber, Rheeler, nnd the President, Hr, Anderson .......... 6, NAYS: None ............O. (Mr. Young absent) Mr. Pollard offered the folloming emergency Ordinance amending Chapter 4. of Title XlllX: (m14396) AN ORDINANCE to amend Chapter 4, of Title XXIII, of The Code or the City of Roanoke. 1956, defining certain offenses against the peace and providing penalties therefor by adding to said chapter · new section, to be numbered Sec. 11, prohibiting the net of begging or soliciting alms on public streets, etc.. and providing a penalty for the violation of said section; end providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 46?.} Hr. Pollard moved the adoption of the Ordinance. The motion mas seconded by Rt. Wheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard. Webber. Hheeler. and the President. Hr. Anderson .......... 6. NAYs: ~one ............O. (Mr. Young absent) Rt. Dillard stated that in his opinion a study Should be made of the City Code to determine whether or not additional amendments and additions might be made to the Code paralleling the state laws with a view of capturing for the city finesfor misdemeanors now bean9 levied under the State Code. Mr. Wheeler moved to appoint a committee composed of Ressrs. Benton O. Dillard, Chairman, Arthur B. Crush, Jr., and James N. Kincanon to study the suggestion made by Rt. Dillard and Submit their report and recommendations thereon. The motion was seconded by Dr. Cornell and adopted. ROTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED 3i7 31'8 COUNCIL, REGULAR MEETING, Monday, April 24, 1951, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Mondny, April 24. 1961. at 2:00 *tel*ch, p. the regular meeting hour, with the President, Mr, Anderson, presiding, PRESENT: Messrs, Cornell, Dillard, Pollard, Mebber, M~eeler, Young. and the President. Mr. Anderson ..................... ABSENT: None .........................O, OFFICERS PRESENT: Mr, Arthur S, Owens, City Manager, Mr. James N. Kincanon, Assistant City Attorney, Mr, Barry Re Yates, City Auditor, and Mr. J, Robert Yhomas, City Clerk. 1NVOCATIOH: The meeting was opened with a prayer by the Reverend N. Giesler. Pastor, First Church of God, MINUTLS: Copy of the minutes of the regular meeting held on April 17, 1951, having been furnished each member of Council, upon motion of Mr, Mheeler, seconded by Mr. Pollard and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPO~ PUBLIC MAT~£RS: NONE. PETITIONS AND COMMUNICAYION$: ZONING: The City Clerk presented a communicatio9 from Mr. Marvin E, Andrews, et al.. requesting that their properties, designated as Lots 2-5, inclu- sive, Block 3, West Park Map, Official Tax Nos, 2760109-2750113. inclusive, lying on the north side of Virginia Avenue, N. W., west of Comer 5treat, be rezoned from General Residence District to Business District. Mr. Young moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr, Nheeler and adopted. PURCHASE OF PROPERTY: The City Clerk presented a communication from Giles Realty Company, offering to sell to the City of Roanoke a 33.47-acre tract of land, designated as Official Tax No. 2471401, located on Lakeview Drive and Fairland Road, N. W,, at a price of $115,000,00, Mr. Rubber moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. ~heeler and adopted, REPORTS OF OFFICERS: BUDGET-BUILDING DEPARTMENT: The City Manager requested a transfer of $ISO,O0 from Stationery and Office Supplies to Telephone in the Department of Buildings account of the 1961 budget, to provide for additional telephone service. Mr. Pollard moved to concur in the request and offered the following emergency Ordinance: (s14397) AN ORDINANCE to amend and reordain ~ection s64. *Department of Buildings, # of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 24. page 468.) Hr. Pollard moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the foil*ming vote: AYES: Messrs. Cornell, Dillard, Pollard, Yebber, Nheeler, Young. and the President. Mr, Anderson ................ NAYS: None ..................O, DEPARTI~NT OF PUBLIC MURKS: Pursuant to a directive of Council at its meeting of February 20. 1951, the City Manager filed a report on the condition of the city's automotive equipment, Mr. Mheeler moved to file the report. The notion was seconded by Dr. Uornell and adopted, INDUSTRIES-SEMERS AND STORM DRAINS-MATER DEPARTMENT: The City Manager submitted a request of Roanoke Valley Development Corporation, filed by Hayes. ~eay, Nattern and Mattern, Architects and Engineers, that the city construct sanitary sewers, storm drains and water service for the Blue Ridge Industrial Park at an estimated cost of $77,300.00, the City Manager pointing out that this exceeds the amount of $50,000000 In one year which Council committed to this project by Reso- lution No. 14314. Mr. Nebber moved to direct the City Manager to advertise for bids for the construction requested and submit his report and recommendations to Council. The motion was seconded by Mr, Nheeler and adopted, ~TA~E HIGHNAYS; The City Manager reported that the State Department of Highways has awarded, subject to approval of City Council, a contract in the amount of $177,553. U5 for construction in connection with improvements to State Route No. 117, Project No. 0117-128-070, C-501. B-601, Federal Project U-120-1(5), which, with the ten per cent engineering and contingencies fee added, makes a total Of $195,309.24 for construction and engineering, and that $91,553.00 previously expended for rights of way makes a total estimated project cost of $286,862.46, the city's portion of which will be $71,?15.55, exceeding the $50,000,00 limitation placed on the city's particlpotion in the project by Resolution No. 13714. the City Nonager advising that the city has previously appropriated the total amount of rights of way costs, which will be re/nnded in tot* by the state and the city then billed on completion of the project for its pro rata share of the entire cost. Mr. MebbeF moved to direct the City Attorney to prepare a Resolution con- curring in the contract award and increasing the City*s authorized participation to twenty-five per cent of the total cost Of the project. The motion was seconded by Mr. Young and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: Council at its meeting of March 27. 1961, having referred to the City Planning Commission for study and recommendation a request of J. E. and Nancy PaSsel that their property located on the southeast corner of Brownlee Avenue and BennJngton Street. 5. E.. designated as Lots D, 9 and 10, Block 1, East*var Place, 3:['9 Official Tax Nos, 4340201-4340203, inclusive, be resorted from General Residence District to Light Industrial District, the City Planning Commission submitted its report, advising that at the present time the arei consists mslnly of residential property with houses in good state of repair, cud thet in Its opinion rezonieg of the land in question mill he detrimental to the existing residential development, the City Planning Commission recommending denial of the request, The City Clerk advised that the Attorney for the petitioners bas been unable to determine whether or not a public hearing is desired In the matter. Hr, Young moved to lay the matter over until the next regular meeting of Council, nad in the meantime, direct the City Clerk to determine mhether or not a ~public hearing is desired. The motion nas seconded by Hr, #heeler and adopted, STRE£T$ AND ALLI~Y$: Council at Its meeting of November i2, 1960, having referred to the City Planning Commission for study and recommendation a petition of 5elf Service 5rations, Incorporated, requesting that a portion of Sanford Avenue and !inn alley lying to the east thereof and extending westerly from Drandon Avenue, he t[ !!vacated, discontinued and closed, the petitioner agreeing to dedicate a 15-foot str~ of land to be used as an alley for connnecting the remaining portions of Sanford Avenue and the alley in question; and at the same time having appointed viewers to view the said street and alley and report thereon as required by law, the City Planning Commission submitted its report, advising that there is no foreseeable use for the portions of 5anford Avenue and the alley proposed to be closed, calling attention, however, to the provisions of the City Code which require a cul-de-sac turn-around of 80 feet in diameter at the end of a dead-end street, the City Planning Commission recommending that the request be 9ranted, provided that the cul-de-sac referred to is furnished, that a 15-foot connecting link between the present alley and ~anford Avenue is provided by the petitioner, and that the por- tions of Sanford Avenue and the alley to be closed are not extended closer to Brandon Avenue than 20 feet which is the line to which future widening of Brandon Avenue must extend. The City Clerk presented a report of the viewers, stating that they are unanimously of the opinion that no inconvenience mill result either to any individ- ual or to the public from closla9 the portions of Sanford Avenue and the alley as reqnestedo The City Manager submitted a report, advising that Self Service ~tations, Incorporated, has agreed, In writing, to the dedication to the city of that portion of its property required tn widen Colonial Avenue as shown On the city's present Plan NOn 4569. provided the city will install curb and gutter ou the Colonial kvenue side of its property at no cost to said company; to the establishment of a setback line on the Brandon Avenue frontage of its property to conform to the new street line projected on the same plan; and to the dedication of the 1S-foot alley ~ro Webber mated to set a public hearing in the wetter far 2:00 o'clock. p. mo. Hay 22. 19bi. la the Council Chaeber. and to direct the Attorney for the petitioner to prepare the proper notice thereof, hare It approved by the City Attorney nad present It to the City Clerk for publication. The notion was seconded by #r. Wheeler and adopted. SEWERS AND STORM DRAINS-SCHOOLS: Council at its meeting of April 17. 1961. having referred to the City Manager and the City Attorney for investigation and an attempt to settle claims for damages to the properties of Messrs. N, H, Jeter, Claude A, Hodges. E, P. Petticrem, C. £. #ells and Mrs, T, T. Bradley, Jr.. residing la the I000 and 1900 blocks of Oraadon Avenue, S, W** said damages having been caused by storn waters depositing mud and rocks on their properties from the construction site of Patrick Henry High School. which claims have been filed by the residents with the Roenohe City School Hoard. and to submit their report thereon. the committee submitted its report, advising that the School Hoard. the prime contractor for construction of the school. John W. Daniel ~ Company. Incorporated. of Danville. and the subcontractor concerned have all denied liability for the damages to the properties concerned; that both the prime and subcontractors have protccttye insurance, and their respective insurance carriers have also denied liability; that. obviously, if there is any liability to these claims it rests upon the owners, the general contractor, and/or a subcontractor; that on April 19. 1961. the School Hoard. in considering the matter, directed that there be deducted from the amount of the contractor's payment sufficient funds to cover the flood water damages suffered by those residents concerned, and that the committee hopes this withholding of funds from amounts presently due the general contractor might result in an amicable settlement of the matter, however, if it does not. in its judgment. the only recourse left the claimants lies with the Courts. Mr. Young moved to lay the matter over until the results of the action of the School Roard in withholding funds is determined. The motion was seconded by Dr. Cnrnell and adopted. CONSIDERATION OF CLAIMS: ~ONE. II~HODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: WATER DEPARTMEIqT: Council at its meeting of April 17. 1961. having directed the preparation of a Resolution rejecting bids received for pulpwood on the Hearer Dam-Falling Cree~ Watershed. Hr. Wheeler offered the following Resolution' (~1439b) A RESOLUTIO~ rejecting both bids received for the p,rchase pulpwood on the Hearer Dam-Falling Creek Watershed. (For fall text of Resolution. see Resolation Hook ~o. 24. page ~.) Ar. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson .................. NAYS: None ....................O. 32~. 32.2 MOTIONS AND MISCELLANEOUS BUSI~SS: RECREATION DEPART~NT: Dr, Coroell stated that he bas been advised that the city administration proposes to establish a fee of $25,00 for entry of teams in the little league baseball program operated by the City Recreation Department, and that if the fees are not paid by May 5, 19&l, the said teams will not be able to enter into the program this year, Dr, Cornell advising that it is his understanding that there has previously been no fee charged little league teams for participation in the city*s little league baseball program, that he objects to the establishment of such a fee, and that he does not believe that the administration has pomer to set such fees, hut, that they should be set by Council, After some discussion, the City Manager advised that he will not permit the fees to he charged until after Council has had time to study the matter and mah* a decision thereon, Mr. Webber moved to lay the matter over until the next regolar meeting of Council and to direct the City Manager to furnish it a report for that meeting con* !!cerning the details of these charges and the reasons therefor. The motion mas i!seconded by Mr. Wheeler and adopted, Dr. Cornell then moved to direct the City Attorney to furnish Council an opinion advising whether fees can be established in connection with city activities other than b) ~ity Council. The motion was seconded by Mr, Dillard and adopted. YOUTH COMMISSION: It appearing that a vacancy exists on the Youth Commission for one member for a term Of two years expiring April 30, 1963, upon call from the Chair, Mr. Wheeler placed in nomination the name of Mrs, Mary Co Pickett, Mr. Webber moved to close the nominations, The motion was seconded by Mr. Young and adopted. Mrs, Mary C. Pickett was elected a member of the Youth Commission for a term of two years ending April 30, 1963, by the following vote: FOR ~S. PICKETT: Messrs. Pollard, Webber, Wheeler, Young, and the ~{ President, Mr. Anderson .............. 5, (Messrs. Cornell and Dillard not voting) There being no further business, Council adjourned, APPROVED COUNCIL, REGOLAR MEETING. Monday. May 1, 1961. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building, Monday, May 1, lgGl, at 2:00 ,*clock, p. m** the regular meeting hour, mith the Vice President, Mr. Mheeler, presiding. PRESENT: Messrs. Corn,Il. Dillard, Pollard, Nebber, Young, and the Vice President, Mr, Hheeler ABSENT: The President, Mr. A,datsun ........1. OFFICERS PRESENT: Hr. Harry R. Vat,s. Acting City Manager and City Auditor, Mr. Randolph G. Nhittle, City Attorney, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Harold B, Oyer, Pastor, Morgan*s Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on April 24, lgGl, having been furnished each member of Council, upon motion of Mr. Young, seconded by Dr. Corn,Il and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: PURCHASE OF PROPERTY: The City Manager reported that he has studied the offer of Giles Realty Company to sell to the city a 34,11-acre tract of land located on Lab,view Drive and Fairlaod Road, N. ~., at a price of $115,000.00; that, in hf~ opinion, purchase of the property for park purposes cannot be justified; nnd that he cannot recommend expenditure of funds In that amount for p~rk purposes at this time, the City Manager recommending against purchase Of the property. Mr. Young moved to concur in the report of the City Manager. The motion was seconded by Mr. Pollard and adopted. REPORTS: The City Manager submitted a report of the Department of Public N,Irate for the month of March, 196'1, and reported other departmental reports on file in bis office. Mr. Young moved to file the report. The motion was seconded by Mr. Pollard and adopted. STREETS AND ALLEYS: The City Munager reported that, pursuant to a directive of Council at its meeting of February IS, lgGO, he has studied the question of acquiring from Times-N,rid Corporation certain land needed for street p~rposes in connection with widening ~f Brandon Avenue and Colonial Avenue, S. W,; also, an easement for sewer and drain purposes in connection with the construction of the Towers Shopping Center, and that he has secured bids for widening of 323 :32'4 · 8tendon Avenue IUd Colonial Avenue, S. ~.; that Times-~orld Corporation has agreed to convey to the city necessary lend on Twenty-third Street. Coloniul Avenue nad flrundon Avenue in accordance math Plan No. 44?9, on file in the office of the City Engineer, nnd u SO-foot aide semer and drainage easement through its pvoperty, in consideration of the City constructing curb and gutter on the easterly side of Twenty-third Street, from Colonial Avenue to ~inthrop Avenue; the northerly side of Colonial Avenue, from Tmenty-third Street to flrundon Avenue; and the southerly side of Bvandon Avenue. from Colonial Avenue to the westmard limits Of Its pvoperty; also, concrete sidewalh on the northerly side or Coloniul Avenue and the southerly side of Drandon Avenue. in front of its rndio and TV facilities, the Times-#orld Corporation to pay one-half the cost of the sidewalk, curb and gutter around the site of its new TV building, and the city to proceed immediately to improve Colonial Avenue and Brnndon Avenue in accordance with the cityes plans therefor. The City Manager also submitted a tabulation of bids for improvements to Colonial Avenue and Brandon Avenue to meet these requirements, with the excep- tion of construction of concrete curb and gutter from between the westerlymost line of the Times-World TV building and the western limits of its property on Brandon Avenue, which curb and 9utter will be constructed under the next contract for general construction of curb and gutter.by the city, said tabulation showing the bid of Pioneer Construction Company, in the amount of $46,q43.50. as low, the City Manager recommending acceptance of the offer of Times-World Corporation and of the low bid submitted by Pioneer Construction Company for the construction involved. Mr. Webber moved to concur in the recommendations of the City Manager and to direct the City Attorney to prepare the necessary Ordinances and Resolutions to carry them out. The motion was seconded by Mr. Young and adopted. Mr. Dillard voting no. REPORTS OF COMMITTEES: SERERS AND STORM DRAINS: Council at its meeting of April 3. 1961. havin9 referred to a committee composed of Messrs. Roy L. Webber~ Chairman, Walter L. Young, Arthur S. Owens and Randolph G. Nhittle. for study and recommen- dation, a request of the Town of Salem that the contract of October 16. IgS3, betwe the City of Roanoke and the Town of Salem. dealing with the treatment of domestic and commercial wastes, be amended by adding thereto au area containing approxi- mately 41.6 acres, lying in Roanoke County immediately south of the Town of Salem, the committee submitted its report, recommending that the request be granted. Mr. ~ebber moved to concur in the report of the committee and offered the following Resolution: (~1439g) A RESOLLrIION amending the contract of October 16, 19S3, be- tween the City of Roanoke and the Town of Salem, dealing with the treatment of domestic and commercial wastes. (For full text of Resolution, see Resolution Book No. 24, page 469.) {I Mr. Webber moved the cdoptioe of the Resolution. The motion uts seconded by Hr. Pollord nnd adopted by the following vote? AYES: Messrs. Cornell, Dillard, Pollard, Webber, Young, and the Vice President, Hr. #heeler ........... 6. NAYS: None ............O. (The President, Hr. Anderson. absent) At this point, Mr. Anderson appeared and took his seat on Council. but at bis request Mr. Wheeler staled in the Chair. UNFINISHED BOS~NESS: RECREATION DEPARTMENTs Council at its meeting of April 24, 1961. baying tabled until its next regular meeting the question of establishing $25.00 entry fees for teams in the Little League flaseball program, and having directed the City Manager to furnish it a report in connection with the proposal and the Citl Attovneyll to furnish it an opinion advising whether fees may be established other than bi Council. the City Manager transmitted a report of the Department of Parks and Recreation. showing that in January of 19bi the Director of Parks and Recreation reported to the City Manager that its schedule of fees for athletic leagues was unrealistic, football and baseball herin9 no fees and others varying from $10.00 to $3So00; that the fees were originally established bi adminsitrative action to corer a portion of the cost of operatin9 the athletic programs, ho.ever; the cost of such programs expanded to such an extent that It nas urged that a $2S.OD fee be established for each team playing in each of the DepartmentSs athletic programs to assist in covering such costs; and that on January 30, 1961, the City Manager approved the establishment Of fees recommended by the Department Of Parks and Recreation, the City Attorney presenting an opinion, advising that there can be no doubt that the Director of Recreation, with the approval of the City Manager, in imposing such fees was acting legally; however, should Council desire the practice discontinued, it can do so by adopting the requisite Ordinance. Dr. Cornell moved to direct the City Attorney to prepare an Ordinance abolishing all fees for teams in athletic leagues conducted under the auspfces of the Recreation Department effective May 1, 1961. The motion was seconded bi Mr. Dillard and lost, Messrs. Webber, Wheeler, young and Anderson voting no. Mr. Anderson moved to advise the City Manager that ft is the sense of Council that the fees heretofore in being in the recreation program should be maintained until the end Of the present fiscal year and that recommendations for establishment Of a uniform and proper schedule of fees in connection with athletic programs conducted by the Recreation Department be submitted to Council in time for consideration along with the City Manager*s recommendations for the 1962 budget. The motion was seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STATE HIGHWAYS: Council at its meeting of April 24. 1961, having directed the preparation of a Resolution concurring in award of a contract for 325 ~26 construction of State Route Wo. 117 nnd increasing the amount of the clty*s participation ia such project, #r; Young offered the following Resolution: (u14400) A RESOLUTION relating to the City*s participation in the cost of widening sod improving n portion of Peters Creek Road, N. #., (State Route 117). u part of Federal Urban Aid Project No. 0117-128-o?o. (For full text of Resolution, see Resolution'Bosh No. 24. page 470.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following'vote: AYES: Messrs. Anderson, Cornell. Dillard, Pollard, #ebber, Young, and the Yfce President, Mr. Rbeeler---7. NAYS: None .............O. INDUSTRIES: Mr. Mebber offered the following Resolution approring and endorsing the proposed merger of the Norfolk and Mestern Railway Company and The New YOrk, Chicago and St. Louis Railroad Company, and leasing of the property of the ~abash Railroad Company by the Norfolk nnd #astern Railway Company: (=14401) A RESOLUTION approving and endorsing the proposed merger of The New York, Chicago and St. Louis Railroad Company into the Norfolk and ~estern Railway Company and the leasic9 of the lines and property of ~abash Railroad Company by said Norfolk and Nestern Railway Company. (For full text of Resolution, see Resolution Book No. 24, page 471.) Rr. Webbe~ moved the adoption of the Resolution, The motion was seconded by Hr. Anderson and adopted by the following vote: AYES: Ressrs. Anderson, Cornell. Dillard, Pollard, ~ebber, Young, and the Vice President, Nr. Mheeler---?. NAYS: Nooe .............O. MOTIONS ANB MISCELLAENOUS BUSINESS: NONE. ~here being no further business, Council adjourned. AT~EST: erk APPROVED COUNCIL, REGULAR MEETING. Monday, May 8, 1961, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. May 8. 1961. at R:O0 ,*clock. p. m** the regular meeting hour. mith the President. Mr. Anderson. presiding. PRESENT: Hessrs. Cornell. Oillard. Pollard. Webber. Wheeler. Young. and the President, Yr, Anderson ................. ABSENT: None .....................O. OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr. James N. Kincanon, Assistant City Attorney, Mr, Harry R, Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Bernard Underwood, Pastor, Salem Pentecostal Uolifless Church, MINUTES: Copy of the minutes of the regular meeting held on May 1, having been furnished each member of Council. upon motion of Mr. Wheeler. seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. DE~RING OF CITIZENS UPON PUBLIC MATYERS: BUILDING DEPARTMLr~: Mr. J. Nalker Caldwell. of Embank. Caldwell and Associates, appeared before Council and presented a request that the Building Code be amended by repealing Section 702,0 (d) to omit the requirement for firestops in buildings classified as Fire-Resistive Construction--Types A and B. Mr. Coldwell advising Council that the National Building Code is the only Code where such fire- stops are required in these types of buildings, which are buildings constructed of noncombustible materials, and that in his opinion the requirement is not necessary as a protective measure and places an unnecessary cost on builders, The City Manager presented a communication from the Building Commissioner.i approyed by him. stating that the Commissioner of Buildings is i, full agreement with the request of Embank. Coldwell and Associates and suggesting repeal of the paragraph in question. Mr. Young moved to concur in the request and offered the followln9 emer- gency Ordinance: (~14402) AN ORDINANCE to repeal subsection (d) of Section 702.D, *Fire resisting ceilings' of The Official Building Code of the City of Roanoke; and providing for an emergency. (For full text of Ordinance. see Ordinaoce Book No. 24, page 472.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler, Young, and the President, Mr. Anderson ..................... NAYS: None .......................O. 327 328 PETITIONS AND COMMUNICATIONS: STREETS AND ALL~YS: The City Clerk presented a petition from Hr, Albert J Gesreyo et al,, requesting that a portion of an alley extending in a southerly direction from York Road, S, Wu, between Drandon Avenue and Laburnum Avenue, be vacated, discontinued and closed, and, also, the appointment of viewers to view the said alley and report thereon as required by law, Hr, Wheeler moved to refer the request to the City Planning Commission for study and recommendation, The motion was seconded by Rro Young and adopted. Mr° Rheeler then offered the following Resolution appointing wieners: (~14403) A RESOLUTION providing Yor the appointment of five freeholders, any three of whom may act, as viewers in connection with the petition DY Albert J. Gear°y, Livvie A, Wash, Samuel J, Gantt, Hannah W, Gantt, Thomas J° Bratton, aessie isBvalton, Bernard Oe DOSS and Rose F, Doss to vacate, discontinue and close the hereinafter described and set forth portion of an alley in the City of Roanoke, Virginia, which aaid alley is that extending southerly from York Road approximately *i200 feet to the intersection with another alley extending westerly from Brandon ~'Avenue. (For full text of Resolution, see Resolution Book No. 24, page 473.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded ilby Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr° Anderson ................. NAYS: None ................... O. ZONING: The City Clerk presented a petition from Mr. A, W. Howell, et al. requesting that their properties, designated as Lots 4-33, inclusive, Cavalier Park Official Tax Nos, 26b0110-266011g. inclusive, and 2660123, lying on the west side of Country Club Drive, N. M., north of Melrose Avenue. be rezoned from General Rest- [idence District to Business District, Mr. Young moved to refer the request to the City Planning Commissiou for study and recommendation, The motion was seconded by Mr. Wheeler and adopted. ACDIYS-MUNICIPAL COURT: The City Clerk presented a report of the Auditor of Public Accounts of the Commonwealth of Virginia on an audit of the Municipal Court for the calendar year 1960, stating that all funds have been properly account~ ed for. Mr. Young moved to file the report. The motion was seconded by Mr. Pollard and adopted. BONDS-MUNICIPAL AUDITORIUM: The City Clerk presented a report of the Canvassers of Election on the Special Election held May 2, 1961, on the question of ieudorstn9 an Ordinance of Council, No. 14304, adopted on the 23rd day of January, i961, relating to the issue of general obligation bonds of the city, the principal amount not to exceed $2,200,000, to provide funds to pay for the cost of a oeeded permanent public improvement, to-wit: a new municipal auditorium, which is as follows: #CERTIFICATE OF CANVASSERS Ne, the undersigned Canvassers of Election, appointed by the Electoral Board of the City of Roanoke, pursuant to on Ordinance adopted by the Council of the City or Rounohe, · Virginia, on the 6th day of #arch, 1961, to take the sense or the freehold voters of the city as therein provided; said Ordinance being Ordinance No, 14345 nnd entitled: · An Ordinance directing and providing for the holding of an election in the City of aoanohe, Virginia, to determine whether the freehold voters of the City of Roanohe will approve an Ordinance No, ]4304, duly adopted by the Conncll of the City of Roanoke aa the 23rd day of Jan- uary, 1961, relating to the Issue of general obligation bonds of said City In principal amount not to exceed $2,200,000 to provide funds to pay for the costs of a needed permanent public improve- ment, to-nit: a new municipal auditorium; and, further, to take the sense of the freehold voters on their preference of certain sites proposed for the location or s.aid new municipal auditorium.' do hereby certify tbat at un election held on the 2nd day of Ray, 1961. votes were cast as follows: QUESTION: Shall Ordinance No. 14304 adopted by the Council of the City of Roanoke on the 23rd day of January. 1961. entitled 'AN ORDINANCE to provide for the issue of general obligation bonds of the City of Roanoke, Virginia, in principal amount not to exceed Two Million Two Hundred Thousand Oollars ($2,200,000) to provide funds to pay for the cost of a needed permanent public improvement, to-wit: a new municipal auditorium', be approved? FOR 5r261 AGAINST 6,074 QUEST]ON: If a new municipal auditorium is au- thorized to be provided, shall it be located in Elmwood Park? FOR 4,161 AGAINST 3,278 QUESTION: If a new municipal auditorium is au- thorized to be provided, shall it be located on that certain 2.2 acre site bounded on the north by Wells Avenue, on the east by 2nd 5treat, on the south by Shenandoah Avenue and on the west by Williamson Road and sometimes referred to as the old American Legion Auditorium site? FOR 1r407 AGAINST 3,8&0 GIVEN under our hands this 4th day of May, 1961, (Signed) H, B, Gray (Signed) Frank A, Engleby (Signed) C, B, Sommardahl (Signed) Mary B, Pitts (Signed) S. H. Booth ATTEST: (Slqned) J, Robt. Thomas City Clerk" Mr, Webber moved to file the report, The motion was seconded by Mr, Young and adopted, PURCHASE.OF PROPERTY-STATE HIGHWAYS: The City Clerk presented a communication from the City Planning Commission, recommending that Council author- ize purchase of a triangular lot at the intersection of Airport Road (Virginia . '329 3'30 State Highway liB) and Rilllanson Road (O, S, Route 11). designated as Block 1, Airlee Court Rap, to provide'for physical changes in connection with traffic im- provements at that intersection, and. also, that Council request the Department of Highmays of the Commonwealth of Virginia to program e project for widening and improving ¥illinmson Road from Hershberger Road to the northern corporate limits and, Jn addition, that portion of D. S, Route Il from the northern city limits to its intersection with State Route 117, to provide for a four-lane divided highway, the City Planning Commission advising that its recommendations are being based upon information furnished by the City Engineer. The City Manager transmitted to Council, without recommendation, a communication from the City Engineer, advising that the recommendations made to the City Planning Commission are based upon the need for improvements to the inter- section and the highway in connection with the opening of the Crossroads Shopping Center, located in the county, on the uorthmest corner of the intersection. Mr. C. E. Hunter, Attorney for the Mountain Trust Hank, appeaFed before Council and stated that his client has leased the triangle proposed to be purchased by the city from the owner as a site for a branch bank, which branch bank and site have been approved by the State Corporation Commission, and that his client bas gone to considerable effort and expense in developing plans for the construction Of the said bank, Mr. Hunter advising Council that some time ago representatives of th Crossroads Shopping Center, the Mountain Trust Hank, the State Highway Department and the City Government held meetings to solve the traffic problems which will be created by erection Of the Crossroads Shopping Center and reached a tentative agree ment as to the methods to be employed, subject to approval of City Council, which agreement provides for donation of land by the Crossroads Shopping Center and the bank for widening of Airport Road and Hershberger Road, and generally covers the entire problem; that this agreement was worked out with all concerned, including the City Engineer, and that the question of purchasing the lot is a brand new ap- proach arrived at by the City Engineer without knowledge of the other parties concerned, in consequence of which, he strongly opposes the recommendations as submitted by the City Engineer and the Planning Commission. Mr. Tom Stockton Fox, Attorney for the Crossroads Shopping Center, stated that his client also opposes the recommendations before Council and believes that the previous plan worked oat between the parties concerned will provide an adequate solution and will be more acceptable to Council if and when it is presented to them, Mr. Dillard moved to reject the recommendations of the City Planning Commission. The motion was seconded by Dr. Cornell and adopted, Mr. Webber excused from voting, HONDS-SCHOOLS: The City Clerk presented a communication from the City Auditor, advising that it will be necessary to sell $2,b00,000.00 of School Bonds, being the remainder of the SB.o00,O00. O0 issue prqviously authorined, in order to f meet the requlrementsof the School Board's construction program, end that he has been advised by the School Administration that it will expend the remainder of its constrnctlon funds by June, 1961, the City Auditor recommending that the bonds be sold on a 20-year serial basis with maturities of $130,000,00 per year, and that the bonds be dated July 1, 1961, and sold on June ?. 1961. Mr, Webber stated that he does not believe the schedule recommended for sole and dellverl of the bonds allows sufficient time for the administrative actions in connection therewith and offered the following Resolution: (#14404) A RESOLUTIOn providing for the sale. execution, form. adver- tisement of sale, delivery and tax levy to pay $2,600,000 of bonds being the remainder of the SB,OOO,OOO of bonds authorized at an electiou held on the llth day of March, lgSH, to defray the cost of needed permanent public improvements. to-mit: acquisition of sites for, construction of, COmpletion of. additions to and improvements in public school buildings, (For full text of Resolution. see Resolution Hook No. 24, page 474.) Wt. Webber moved the adoption of the Resolution. The motion was seconded! by Pr. Wheeler and adopted by the following vote: AYES: Messrso Cornell, Dillard. Pollard, Webber, Wheeler, Young, and the President, Mr, Andersen ................ ?. t WAYS: none ......................O, REPORTS OF OFFICERS: LIBRARIES: The City Manager reported the resignation of Mr. Philip So Ogilvie as Director of Libraries, effective June 30, 1961, Mr, Young moved to file the report, Yhe motion was seconded by Mr, Wheeler and adopted. BUDDE~-LIBRARIES: The City Manager requesSed an appropriation of $250.00 to the Library account to provide funds to pay expenses of prospective candidates for position of Director of Libraries in interviews with the Roanoke Public LibraryBuardo Mr. Webber moved to concur in the request acd offered the following emergency Ordinance: (#14405) AN ORDINANCE to amend mud reordain Section =121. "Libraries." of the 1961 Appropriation Ordinance. and providing for an emergency, (For full text of Ordinance. see Ordinance Book Wa, 24. page 4??°) Mr, Webber moved the adoptiou of the Ordinance, The motion was seconded by Mr° YouuR and adopted by the following vote: AYES; Ressrs, Pollard, Webber, Wheeler. Young, and the President, Mr. Anderson ............................................. 5. NAYS: Messrs, Cornel] and Dillard .........2. HUHOET-DEPAR~MEN~ OF PUBLIC WELFARE: The City Manager requested an appropriation of $4.000,00 to Old Age Assistance-Hospitalization and $4.200,00 to Aid to Dependent Children-Hospitalization in the Welfare Department Budget, to provide for payment of bills for eligible patients under the welfare program through June 30, 1961, the end of the state's present fiscal year, 332 Mr.-Young moved to concur in the request and offered the following emergency Ordinance: (u14406) AN ORDINANCE to amend and reordafn Section =52. 'Public Assistance,' of the 1961 Appropriation Ordinance, and providing for an emergency. (For full tent of Ordinance, see Ordinanco Oook Naa ~4, page Hr. Young moved the adoption of the Ordinance, The motion nas seconded by Hr, Nheeler and adopted by the tallowing vote: AYES: Ressrs. Cornell, Dillard. Pollard, #ebbeF. Wheeler, Young, and the President, Rro Anderson ............ NAYS: None .................. O. BUDGET-SIDEWALK, CURD AND CUTTER-RECREATION UEPARTMENT: The City Ranage! requested an appropriation of $2.538.06 to provide for construction of concrete curb and gutter and sidemalk in front of the Preston Park Community Center, Mr. Dillard moved to concur in the request and offered the following Ordinunce: (=14407) AN ORDINANCE to amend and reordain Se'orion ~140, 'Street Construction." of the 1961 Appropriation Ordinunce. DE IT ORDAINED by the Council of the City of Roanoke that Section mi40, "Street Construction," of the 1961 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET CONSTRUCTION =!40 Contractors ***************************************** $ 20,U41.16 Mr. Dillard moved the Ordinance on its first reading. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, and the President Mr, Anderson .................................................... 4, NAYS: Messrs. Webber, Wheeler and Young ..........3, BUDGET-ZONING: The City Manager presented a request of the City Plannin! Commission for an appropriation Of $2,$00.00 to provide for employment of Mr. Frederick B. Bair. Jr,. of Anburndale, Florida. as a consultant in connection with the preparation of a proposed new zoning Ordinance. the City Manager advising Council that the Building Commissioner has prepared a draft of the proposed new zoning Ordinance. based upon the studies of the committee appointed by the City Planning Commission for that purpose, of which committee he is a member, which draft, in his opinion, Council might find acceptable, and that the said draft ts available should the Council members desire to study it, Dr. Cornell moved to table the matter, The motion was seconded by Mr, Young and adopted. SOUTHEAST CIVIC LEAGUE-SEWERS AND STORM DRAINS: Council at its meeting of December 12, 1960, having directed the City Manager to consult with Alrord, Burdick and Howson, Consulting Engineers, on the question of odors emanating from the Sewage Disposal Plant. as complained of by the Southeast Civic League, the City #cringer submitted a report of Alvord, Dnrdick and Howson, advising that from its studies it has reached the following conclusions: 1. During the period June to September, 1960. when the questionnaires Mere sent out, the sewage treatment plant was operating as a primary plant only, There was no aeration or activated $1odge nod the fl,O,D. removal from the plant was in the nature of 35~ in- stead of the g0~+ when the full plant is operated, 2, Of the 110 forms sent out, only 26 replied and of these only 13 reported obJeotlonal conditions, It is quite likely that all of those who experienced objectlonal conditions reported thew so that pre- sumnbly the ratio was 13:126, or 10~. 3, Of the total complaints received, 73~ were submitted by four people, three of which were located on the hill directly across the river to the north of the sewage treatment plant, The other major complainant lived about three blocks south of the plant, It should be recognized, os is o(ten the case when a number of complaints are from a closely knit area. that the complaints may. in fact, originate with one individual who has a ~ood line of communication with his neighbors, 4, We are at a loss to understand why a plant, built wore than a decade ago, would not cause complaint until the summer of 1960 unless the basis for the complaint is really tied in with the fact that dur- ing the construction stage it was necessary to operate the plant for au extended period as a pri- mary plant only, It way be argued that Viscose and Stauffer were erroneously charged with odors, which may have previously existed, rather than tho sewage treatment plant, However, this scarcely seems valid since both of these plants are understood to have been closed down for more than two years prior to the odor complaints. and statln9 that it believes when the plant is restored to full operation, there will be no further occasion for odors, and recommending that records of complaints,fl together with plant operating conditions, atmospheric conditions, etc., prevailing at the time of complaint, be maintained and checked by independent observation, the City Manager advising that he has 9ivan instructions for maintenance of the records as suggested, Mtn Dillard wowed to lay the matter over until the next regular meeting of Council in order that the citizens concerned might have an opportunity to appear. The motion was seconded by Or. Cornell and adopted. REPORTS OF COMMITTEES: SOUTHEAST CIVIC LEAGUE-TRAFFIC: Council at its meeting of March 1961, having referred to Mr. Nalter L. Young a complaint of the Southeast Civic League that Norfolk and Western Railway trains are tying up traffic for conslderabl periods of time at the grade crossioq, south of American Bridge Plant on 9th Street S. E,, Mr. Young reported that he has handled the matter with all concerned and a full investigation has been made; that there are no physical track changes that be made in the vicinity of this crossing which will help the situation; that o check of the timing circuits for the automatic gates by the railway's Signal De- partment indicates that they are set up properly; that the operation of slow freights in either direction cannot be regulated to eliminate blocking of the sing at times when vehicular traffic is heavy, however, it Is the railway's belief 333 that the principal source of.complaint stews from switching operations which can be controlled, and that tbe Superintendent of Terminals has personally handled this with all the yord crams and supervisors concerned and has issued positive Instructions that nnder no circumstances is the crossing at 9th Street, S, E** to be blocked unnecessarily at such periods, Hr, Young stating that, in his belief, this handling of the matter will have the desired effect, Hr, Dillard moved to file the report, The motion was seconded by Hr, Pollard and adopted, UNFINISHED BUSINESS: ZONIRG: Council at its meeting of April 3, 1961, having referred to the City Planning Commission for study and recommendation a reqnest of Dr. Carl S. Pedigo that his property located on the north side of Brambelton Avenue, 5. between Ashby Street and Red Rock Road, designated as Lot lbo and part of Lot Block 5, Evergreen Development Company, Official Tax NOSo 1650516 and 1650519, be rezoned from General Residence Oistrict to Business District, the City Planning Commission submitted its report, advising that its studies show that the property concerned lies in an area already developed for business and that, in its opinion, the most appropriate use for the area is commercial, the City Planning Commission recommending that the request be granted, WF, Webber moved to set a p~blic hearing in the matter for 2:00 o'clock, p. m,, June 19, 1961, and to direct the Attorney for the petitioner to prepare the proper notice thereof, 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 seating of April 17, 1961, having referred to th* City Planning Commission for study and recommendation a petition Of Mr. Lynn R. Hammond that his property lying on the northwest corner Of Mountain Avenue and First Street, $. E., designated as Official Tax No. 4020110, be rezoned from Special Residence District to Business District, the City Planning Commission sub- mitted its report, advising that this property is the only lot in the block which is not zoned for business use and should be so used. the City Planning Commission recommendin9 that the request be granted. Mr. Wheeler moved to set a public hearing in the matter for 2:00 o'clock, p, m** June 19, 1961, and to direct the Attorney for the petitioner to prepare the proper notice thereof, 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~ ZONING: Council at its meeting of April 24, 1961, having referred to the City Planning Commission for study and recommendation a request of Mr. Marvin Andrews, et al,, that their properties, designated as Lots 2-6, inclusive, Block 3, West Park Map, Official Tax Nos. 2760109-2760113. inclusive, be rezoned from General Residence District to Business District, the City Planning Commission sub- mitted its report, advising that re~oning of this property as requested will be a natural extension of business area. the City Planning Commission recommending that the request be 9ranted. I! ,! Wv, Pollard moved to set · public hearing in the matter rot 2:00 o'clock, p, m** June lg, lg61, and to direct the Attoraey for the petitioners to prepare the proper notice thereof, have It approved by the City Attorney and present to the City Clerk for publication, The motion mas seconded by Wr, Wheeler amd adopted, ZONING: Council at its meeting of April 24, lg61, having laid over a report from the City Planning Commission, recommending denial of the request or J, E, and Nancy W, Patsell that their property located on the southeast corner of Brounlee Avenue and Bennington Street. S. E,, be rezoned from General Residence District to Light Industrial District, the matter was again before the body. The City Clerh advised that the Attorney for the petitioners has with- drama the request and asks that the matter be stricken from the Council docket without prejudice. Rr, Young moved to concur in the request. The motion was seconded by Mr. Wheeler and adopted, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Council at its meeting of May l, 1961, having directed the preparation of Ordinances acceptin9 the offer of limes-~orld Corpora- tion to convey to the city certain properties needed for widening of Brandon Avenue and Colonial Avenue, S. W., under certain terms and conditions, and ac- cepting the bid Of Pioneer Construction Company, in the amount of $48,943,50, for sidening portions of Brandon Avenue and Colonial Avenue, S, N., Mr. Pollard of- feted the following emergency Ordinance: (=14408) AN ORDINANCE accepting the offer of Times-World Corporation to convey to the City certain real estate situate on Brandon Avenue, Colonial Avenue and 2Srd Street, S. W., for street widening and municipal purposes and a perpetual easement for public sewer and drain purposes through, over and across a portion of a SO-foot wide private road extending southwesterly from Brandon Avenue, S. and agreeing to the terms of the aforesaid offer; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 470.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Wv. Wheeler and adopted by the following vote; AYES: Messrs, Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .................... 7, NAYS: None ...................... Mr. Wheeler offered the following emergency Ordinance: (~1440g) AN ORDINANCE accepting the proposal of Pioneer Construction Company, lnc.. for the grading of pnrtions of Colonial Avenue and Brandon Avenue, S. W., the construction of certain sidewalks, curbs and gutters thereon and the paving of portions thereof; authorizing the proper City officials to execute the requisite contract with the aforesaid construction company; rejecting all other bids for the doing of the aforesaid work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 480.) 335 336 Mr, #heeler moved the adoption of the Ordinance, The motion mas seconded by Mr, Young and adopted by the foilouleg vote: AYES: Nessrs, Coraell, Dillard, Pollard, Mebber. Nbeeler. Young, ned the President, Mr, Anderson ................ 7, NAYS: None .................. O, Mr, Webber offered the following emergency Ordinance appropriating necessary funds for the accomplishment of the improvements: (z14410) AN OROINANCK to amend and reordafa Section al40, *Street Construction,N of the 1961 Appropriation Ordinance, and providing for an emer- gency. (For foil text of Ordinance, see Ordinaoce Book No. 24, page 451.) Mr, Rebber moved the adoption of the Ordinance, The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs, Cornell, Dillard, Pollard, Nebber, Wheeler, Young, and the President, Mr. Anderson ................ 7. NAYS: None .................. O. WOTIONS AND MISCELLANEOUS BUSINESS: RECREATION DEPARYWENT: Dr. Coroell presented the folloufn9 Statement to Council: "I am very much disturbed about an article in this weeks Roanoke Star headlined, Times-World Gets Tournament Credit approval, it is imperntive that n decision be made at this time, in order that the citizens concerned may start to work immediately in order to complete the facili- ties in time for opening of the school in September° and requesting that Council approve the site os submitted at this time, Hr, Young moved to direct lhe Gity Attorney to prepare a Res61ution approving the proposed site rot the football field and trach as shown on the mop presented, the area to be developed under the Joint use policies heretofore adopted by Council in Resolution No, 13236. The motion mas seconded by Hr. Nheeler and adopted, There being no further business, Council adjourned. APPROVED 337 Monday. May IS, 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, May 15, 1961, at 2:00 otclock, p. m., the regular meeting hour, mith the President, Mr. Anderson, presiding. PRESENT: Messrs. Coraell, Dillard. Pollard. Mebber, Mheeler, Young, end the President, Mr. Anderson ......... 7. ABSENT: None .............O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. Harry R. Votes, City Auditor, and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend J. London Maddex, Pastor, Villa Heights Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on May B, 1961, having been furnished each member of Council. upon motion of Mr. Wheeler, 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., May 15, 1961. on the request of Harold E. and Mary Frances Cooper that their property located On the westerly side of Courtland Avenue, N. W., between Carver Avenue and Sycamore Avenue. designated as Lot B, Section "R*, Williamson Groves, Official Tax No. 30?0§05, be rezoned from General Residence Histriet to Light Industrial District, and notice of the hearing having been published in Zhe Roanoke World- Hews on April CH, lgB1, and the City Planning Commission having previously recom- mended that the request be granted, the hearing was held at which no one appeared in opposition, Mr. John D. Copenhaver, Attorney for the petitioners, appeared before Council and requested that Council grant the request as recommended previously by the City Planning Commission. Mr. Wheeler moved to concur in the request and offered the following Ordinance: (#14411) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the Clty of Roanoke, 1956, In relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lot B. Section *EM. Map of Nllliamson Groves, Official Tax mo. 30]050~, being located on the westerly side of Courtland Avenue, N. N., between Carver Avenue and Sycamore Avenue, rezoned from General Residence District to Light Industrial District; and WHEREAS, the City Planning Commission has recommended that the hereinafte described land be rezoned from General Residence District to Light Industrial Olstrict; and WMEREAS, notice required by Title X¥, Cbupter 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 tine required by said section; and WM£REAS, the hearing as provided for in said notice was held on the 15th day of May, 1~61, at 2:00 o'clock, p. m.. before the Council of the City of Roanoke at which hearing all parties in interest and citizens were given an opportunity to be heard both for and against the proposed resuming; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be resumed, THEREFORE, DE IT ORDAINED by the ~ouncil 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 westerly side of Courtland Avenue. N. of Mllllamson Groves, designated on Sheet 307 of the Zoning Map as Official Tax No. 30?0500. be, and is hereby, changed from General Residence District to Light Industrial District and the Zoning Map shall be changed in this respect. mr. uneeler moved the Ordinance on its first re~ding. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, Nebber, Wheeler, Young, and the Presid.ent, Mr. Anderson .......... NAYS: N ............... O. SERERS AND STORM DRAXNS: Mr. L. R. Bromn. Secretary of the Colonial Hill? Civic League. appeared be fore Council and requested that it aathoriae the necessary action to be taken to relieve a surface water drainage problem that exists on Ywenty=first Street, S. W., between Sanford Avenue and Colonial Avenue. Dr. Cornell moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Mr. Wheeler and adopted, PETITIONS AND COMMUNICATXONS: BUDGET-ZONING: The City Clerk presented a communication from the City Planning Commission, advising that it has had a subcommittee studying the city's zoning law for more than two years; that said subcommittee submitted to the Commission on July 15, 1960. a report in which it transmitted a draft of its recom- mended new zoning law; and that, subsequent thereto, the City Planning Commission has been preparing maps Of the city and its recommended zoning of the various properties therein for future submission to Council, along with a recommended new zoning law, the City Planning Commission stating that preparation of a zoning ordinance is a htghly technical work requiring the experience and knowledge of persons who have been employed in this particular field, and for this reason, it desires to employ a consultant for that purpose; therefore, it has submitted, through the City Manager, a request for an appropriation of.$2,500.00 for employment ~33.9 3.40 of such u consultant, mhich request was tabled by Council at its last meeting, {he City Plan~ing Commission pointing out that the adoption Of 8 new wowing ordinance is u rare occurrence in the history of a city and every cure should be taken to provide o document with mhich the city will be able to live for years to come, in consequence of which, it is convinced that the employment o[ u zoning consultant mill speed up the work and provide n document acceptable to Council and the people. Appearing in support of the Commission's request were Mr. Harold #. Hill. Chairman of the Commission, Mr. Meroer K. Sensbach, Director of Planning, and Mr. Jack Goodykoontz, m member of the subcommittee appointed by the Commission. After considerable discussion, during which it appeared that Council members were individually furnished a copy of tbe report of the City Planning Commlssion*s subcomittee, and, also, a draft of a proposed zoning ordinance prepared by Mr. L. G. Leftwicb. Building Commissioner, Mr. Webber pointed out that neither of these documents were officially presented to Council and moved to request the Chairman Of the City Planning Commission to transmit a copy of the subcommittee*s report to the City Clerk for presentation to Council at its next regular meeting, along with a copy of the proposed ordinance as prepared by abe Building Commissioner, Zhe motion was seconded by ~r. ~fleeler and adopted. AUDITS-PENSIONS: The City Clerk presented a communication from the Board of Trustees, Employees* Retirement System. transmitting a report of an andit of the system, prepared by Kennett and Kennett. Certified Public Accountants, for the year ending December 31, 19bO, which report stated that the affairs of tbe system were conducted in conformance with accepted accounting principle and all funds wereproperly accounted for. Mr. Dillard moved to file the report. The motion was seconded by Mr, Young and adopted. ZONING: The City Clerk presented a petition from Annie C. Jones and Eleanor R. Merricks, requesting that their properties located on the northwest corner of Memorial Avenue and Cambridge Avenue, S. W., designated us Lots 5 and 6. Hogan Building Company, Official Tax Nos. 1330117 and 1330116, be rezoned from Special Residence District to Business District. Mr. lheeler moved to refer the requestto the City'Planning Commission for study and recommendation. The motion was seconded by Dr. Cornell and adopted. SIGNS: The City Clerk presented a communication from Midas Muffler Shops, Incorporated, requesting permission to install a sign in the public right of way on the west side of Williamson Road, immediately north of ltsintersection with Carver Avenue, N. E., so that motorists on William$on Road might locate their place of business at 426 Carver Avenue, just west of ~illiamson Road. Mr. Dillard moved to refer the request to the City Planning Commission end the City Manager for study and recommendation. The motion was seconded by Mr. Pollard and adopted. REPORTS OF OFFICERS: RECREATION DEPARTMENT: Purauant to n directive of Council at its meeting of May 6. 1961, the City Manager submitted a report of the Department of Parks and Recreation. advising that the extent of the city*s participation in the conduct of the City-County Golf Tournament. sponsored by the Tlmes-Morld Corporation, is that the Director of Parks and Recreation has directed the tourney over a period of years, the City Manager advising that the city has expended no funds in this connection. Dr. Corneil stated that it was his intent in making the motion at the previous meeting to direct the City Manager to advise Council the amount of funds expended by Times-Morld Corporation In connection with the City-County Golf Tournament in 1960 and moved to lay the matter over until the next regular meeting of Council, and, in the meantime, to instruct the City Manager to report to Council! at that tine the amount of funds expended by the Times-World Corporation in connection with the City-County Golf Tournament in 1960. After considerable discussion of the matter, during mhich it appeared that the consensus of Council is that expenditures of funds by private enterprises in sponsoring events of this nature ls no concerti of Council, Dr. Cornell then withdrew his original motion and moved to lay the matter over until the next regular meeting of Council and to instruct thc City ~anager to report to Council details Of operation of the City-County 6oil Tournament. The motion was seconded by Mr. Dillard and adopted, Messrs. Rabbet, Wheeler and Youn9 voting no. ELECTIONS: The City Manager submitted a tabulation of bids received for printing the lgBl Yoting List,~showing the bid of Hammond Printing Company of $11.29 per page, or approximately $6,4g1.75, ns low, and recommended acceptance of that bid. Mr. Dillard moved to concur in the recommendation and offered the following Resolution: (#14412) A RESOLUTION accpeting the bid of Hammond*s Printing ~ Lltho. Works for printing the City of Roanoke Voting List. (For full text of Resolution, see Resolution Book No. 24, page 4~2.) Mr. Dillard moved the adoption of the Resolution. The motion was seconde, by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard, Webber, Mheeler, Young. and the President, Mr. Anderson ........ ~-?. NAYS: None ............ O. BUDGET-CITY TREASURER: The City Manager requested an appropriation of $35.19 to cover the cost of insurance on funds of the city in connection with the sale Of automobile license plates in a trailer at the Health Center by the City Treasurer. Hr. Young moved to concur In the request and offered the following emergency Ordinance: 34.1. (o14413) AN ORDINANCE to amend and reordnin Section uR, *Treasurer** of the 1961 Appropriation Ordinance. and providing for nn emergency. (For full text of Ordinance. see Ordinance Rook No, 24, page 4R3.) Mr. Young moved the 'adoption of the Ordinance. The motion wan seconded by' Hr. Wheeler nnd adopted by the following vote: AYES: #essrs. Cornell. Dillard, Pollard, Webber. Nheeler, Young. and the President. Mr, Anderson ...... NAYS: None ............ O. BUDGET-POLICE DEPARTMENT: The City Manager advised Council that for some time parking meter rereoues have been declining, leading officials to believe ~2that pilferage is involved; that recently two persons have been caught taking imoney from meters, using duplicate keys which they apparently made; that as a iresult of study it has been determined that Yale and Towne Manufacturing Company ilhas developed a lock for parking meters which, It is believed, has keys that !icannot beduplicated and that the company controls the keys for these locks, the ~!Clty Manager recomnendin9 that Council appropriate $1,000.00 to provide for !!replacement of locks on bYO meters owned by the city. Mr. Dillard moved to concur in the request and offered the following lemergency Ordinance: (~14414} AN ORDINANCE to amend and reordain Section #60, "Police iiDepartment," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 24, page 483,) Mr, Dillard moved the adoption of the Ordinance. The.motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard, Webber, Nheeler, Young, and the President. Mr. Anderson .......... NAYS: None ............O, BUDGET-DELINQUENT TAt DEPARYMENT: The City Manager requested an appro- priation of $300.00 for Stationery and Office Supplies in the Delinquent Tax I Department, advising that the funds are necessary for postage and additional il office supplies needed in connection with collection of delinquent taxes. Dr. Cornell moved to concur in the request and offered the following ilemergeney Ordinance: (m14415) AN ORDINANCE to amend and reordain Section uR. "Delinquent iTax Collector," of the 1961 Ordinance. and providing for Appropriation emergency. (For full text of Ordinance, see,Ordinance Rook No. 24, page 494.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, Mebber, Mheeler, Young, and the President. Mr. Anderson .......... NAYS: None ............O. BUDGET-JUVENILE DETENTION HOME: The City Manager requested an appropria- tion of $79.70 to the Juvenile Detention Home construction account to provide for *ayment of the final estimate on the construction contract. f Mr. Mheeler moved to concur ia the request nnd offered the following ewergenny Ordinance: (s14416). AN ORDINANCE to amend and reordafn Section z142, *Transfer to Improvement Fund** of the 1961 Appropriation Ordinance, and providing for an ewergency. (For full text of Ordinance, see Ordinance Book NO. 24, page 484.) Mr.. Wheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Mebber, Nheeler, Young, and the President, Mr. Anderson .......... 7. NAYS:, None-r--~ ...... ~O. . DUDCEY-SYREETS A~D ALLEYS: The City Manager requested an appropriation of $469.79 to provide for the final payment to the contractor in connection with construction of improvements to Brandon Avenue and Rain Street. S. W. Mr. Rheeler moved to concur in the request and offered the followin9 emergency Ordinance: (~14417) AN ORDINANCE to amend and reordain Sectioo ~i40. "Street i! Construction," of the 1951 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24. page 405.) i! Mr. Nheeler moved the adoption of the Ordinance. The motion mas seconded~ by Mr. Young and adopted by the following vote: il AYES: Messrs. Cornell, Dillard, Pollard. Webber. ~heeler, Young. and the: President, Mr. Anderson ......... 7. NAYS: None ...........O. AIRPORT: The City Manager submitted a report ~ Council, advising that the Cleaves Food Service Corporation has requested that the provisions of Ordinance No. 14323, adopted by Council on the 13th day of February. 1961. be amended so that expenditures of $500.00 each, authorized in said Ordinance for tinting of glass in the windows at the airport restaurant and painting of the interior of the restaurant dining room, may be expended in the entire amount of $1,000.00 for redecorating of the said dining room, the CitI Manager recommend- ing that Council grant the request. Mr. Webber mored to direct the City Attorney to prepare a Resolution granting the request of Cleaves Food Service Corporation. The motion was seconded by Mr. Wheeler and adopted. PURCHASE OF PROPERTY-STREETS A~D ALLEYS: The City Manager reported that, pursuant to a directive of Council at its meeting of August 24. 1959. he has been successful in negotiating for two parcels of land on Seventh Street. N. E., needed to provide an EO-foot right of way on said street, being a portion of Lot 24. Block 32. Deanwood Terrace, owned by Mr. A. M. Frankie. at a price of $1.740.75. and Lots 23 and 24. Block lO, Linwood Land Company, owned by Linwood J. and Marie C. Nofsinger, at n price of $3.600.00; and, also, that in connection with '343 .844 closing of portions of Indiana Avenue and Mohawk Avenue, east of Seventh Street, William O. and Lewis F. Draper have agreed to convey to the city in fee simple, uithont cost, a strip of land varying in width from nothing to 3.2 feet. the City Homager recommending that Council authorize acquisition or the three parcels Of laod. Mr. Dillard moved to direct the City Attorney to prepare an Ordinance authorizing acquisition of the land as recommended by'the City Manager. The motion was seconded by Dr. Coraell and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: SOUTHEAST CIVIC LEAGUE-SEWERS AND STORM BRAINS: Council at its meeting of May 6, lgOl. having laid over until its next' regular meeting a report of Alvord, Burdick and Howsono Consulting Engiceera. in connection with offensive odors at the Sewage Treatment Plant. the matter was again before the body. Mr. Billard moved to file the report. The motion was seconded by Mr. Wheeler and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-SIDEWALK, CURB AND GU~TER-RECREATXON DEPARTMENT: Ordinance No. 14407, providing for the construction of concrete curb and gutter and sidewalk at tho Preston Park Community Center, having previously been before Couflctl for its first reading, read and laid over, was again before the body. : Mr. Webber stated that since the Ordinance has been introduced, consider- able study has been given to the matter; that. in his opinion, construction of concrete curb and gutter at Pre'ton Park, except for 210 feet immediately in front of the Preston Park Community Center, is unnecessary, and that a portion of the funds appropriated in the Ordinance before the body can more reasonably be used to provide improvements and equipment to playgrounds in the general area, Mr. Webber moving to amend the Ordinance to provide for construction of ~10 feet of slde~alk and 210 feet of curb and gutter with one crossover In front of the Preston Park Community Center at a cost of $1,155.00, making Se appropriation total $6§,g83.3g. and to provide for adoption of the Ordinance as an emergency measure. The motion was seconded by Mr. Wheeler and adopted, Messrs. Cornell and Dillard voting no. Mr. Webber then offered the Ordiuanc~ as amended: (~14407) AN ORDINANGE to amend and reordain Section ~140. "Street Construction," of the lgOl Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boor No. ~4, page 402.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Pollard, Webber, Wheeler, Young, and the President. Mr. Anderson ............................... ~ .......... 5. NAYS: Messrs. Cornell and Dillard ...... 2. f~ #r, Yebber then offered tko followio~ emergency Ordinance appropriating $1,383.0~ for playground impzovemeata: (x1441B) AN ORDINANCE to amend and reordain Section m144, #Departmental Equipment and Improvements." of the 19hi Approprl&tlon Ordinance and providing for an emergency, (For full text of Ordinance. see Ordinance Book No. 24. page 485.) Er. ~ebbor moved the adoption of the Ordinance. The motion was seconded by #r. Young and adopted by the following vote: AXES: Messrs. Cornell. Dillard. Pollard. ~ebber. Mheeler. Young. nnd the President. Mr. Anderson ...... ?. NAYS: None ............ O. PARES AND PLAYGROUNDS-SCHOOLS: Council having directed the preparation of a Resolution establlsbin9 a football field and running track at Shrine Hill Park, Rt. Young offered the followln9 Resolution: (~14419} A RESOLU'flON establishing a football field and runnln9 track in Shlrne Hill Park. (For full text of Resolution, see Resolution Book No. 24, page 48b.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard. Webber. Wheeler. Young, and the President, Mr. Anderson ........... 7. NAYS: None .............O. NATER DEPARYMENY: Council having previously directed the preparation of an Ordinance providing for conveying to the Commonwealth of Virginia approximately 10.4 acres of land at the City*s Carvins Cove filter plant for use as right of way in connection with Interstate Route 81. Mr. Young offered the following Ordinance: (x14420) AN ORDINANCE authorizing the sale and conveyance of approximately 10.4 acres of land at the Clty*s Carvins Cove filter plant, in Roanoke County, to the Commonwealth of Virginia, Department of Highways, upon certain terms and conditions. MHEREAS. in connection with the construction of a portion of Xnterstate Highway, Route 81, the Commonwealth o~ Virginia desires to he granted the right to purchase and acquire from the City a certain lO.4-acre tract of land herein- after described, a part of the City's Carvlns Cove filter plant property, at a purchase price of $?,760.00, cash. and has tendered to the City a standard form of option agreement prepared by the said Department of Highways by mhich the City would grant such purchase option to the Commonwealth of Virginia upon the terms above-mentioned; and MHEREAS, the proposed option agreement form as first tendered to the City inadvertently failed to contain express provision for the Clty*s continued right to operate and maintain its water transmission lines across said lO.4-acre tract, mhicb provision has subsequently been added to said option form as a term and condition thereof and with the consent of said Department of Blghways~ and 345 346 HHEREAS, the City Manager has caused an appraisal to be made of the aforesaid 10.4 acre tract, indicating that the proposed purchase price above- mentioned is fair and reasonable and said City Manager and the Manager of the Mater Department have recommended that the aforesaid sale be authorized by the Council, reporting that there would be no resultant damage to the Ctty*s remaining land or buildings at its filter plant nor detriment to its public water distrJbutiot system. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and City Clerk be. end they are hereby authorized and directed to execute. for and on behalf of the City. a certain option agreement prepared under date of June 15. 1961, granting to the Commonwealth of Virginia. Department-of Highways, the right to purchase and acquire from the City that certain lO.4-acre parcel of land shown on Sheets Number 9 and 10, revised, of the plans for Interstate Route 81, State Highway Project 0081-080-001, R/M-203, together with certain easements of access, light or air incident to the residue lands of the City abutting ~Jd lO.4-acre tract, for a purchase price of $7.760.00, cash, said option to continue for one year from the date of execution thereof; the form of the aforesaid option agreement to be first approred by the City Attorney. BE 1Y FURTHER ORDAINED that. upon notice of said grantee's exercise of the purchase rights granted in such option agreement and upon payment to the City of the $?,760.00 purchase price therein provided, the Mayor and the City Clerk shall be, and they are hereby authorized and directed to execute, for and on behalf of the City. the City's deed conveying the aforesaid lO.4-acre parcel of land and the aforesaid easements to the Commonwealth of Virignia. Department Of Highways. such conveyance to be made with general warranty and modern english covenants of title on behalf of the City and to be. otherwise, upon such form as is approved by the City Attorney. Mr. Young moved the Ordinance on its first reading. The notion was seconded by gr. Hheeler and adopted by the following vote: AVES: Messrs. Cornell, Dillard, Pollard, Hobber, Mheeler. Young, and the President, Mr. Anderson ........ ?. NAYS: None ..........O. MOTIONS AI~D MISCELLANEOUS BUSINESS: STREETS AND ALLEYS: Hr. Paul H. Starkey, 706 Stewart Avenue. S. E.. appeared before Council and stated that the 600 and 700 blocks of Stewart Avenue are badly in need of repair, Mr. Starkey requesting that Council give consideration to paving them and advising that if the City Manager will prepare an estimate of the cost, he feels sure that he can prevail upon interested neighbors to contribute the cost of such pavement. Dr. Cornell moved to direct the City Manager to prepare an estimate Of the cost of paving the 600 and ?00 blocks of Stewart Avenue, S. E. The motion was seconded by Mr. Dillard and adopted. ANNERATIONz Dr. Corcell stated that, according to newspapers, Messrs, Young and Webber were named es a negotiating team to represent the Council in connection mlth annexation proceedings recently conducted to acquire a portion of Roanoke County; that these two Council members met with representatives of the County Hoard of Supervisors concerning the possibility of compromise in the proceedings; that in his opinion such procedures were illegal unless authorized by Roanoke City Council; that neither he nor Hr, Dillard was shomn any compromise mapA or usked for an opinion, and that he would like to know mbo had the legal right to ignore two elected representatives in determining such an important policy Mayor Anderson stated that he read the newspaper artlcl~ to which Dr. Cornell referred and that in his opinion some of the information contained in the said articles was based upon conjecture. Mayor Anderson pointing out to Dr. Cornell ings coming to trial in the court; that at one of these meetings, those members of the Council attending decided that a way should he left open for meetings with the County officials if needed, and that Messrs. Webber and Young mere designated to meet with County officials if necessary, Mayor Anderson advising that he and, he assumed, other members of Council from time to time consulted with the City Attorney prior to and during the annexation proceedings, and stating that it was upon authority Of the Council. CITY CHARTER; Mr. Dillard stated that it is his intention to move that the City Attorney be requested to prepare a Resolution providing for the creation and appointment of a Charter Study Committee by Council with the following 1. That the Charter Study Committee be composed of seven qualified resident voters of the City of Roanoke, who are not city officials or employees. 2. That each member of City Council nominate one member of the Charter Study Committee. 3. That the purpose of the Charter Study Committee will be to make a study of the City Charter, and after such City Council of any suggested amendments, alternations, 4. Yhat the members of the Charter Study Committee shall, secretary; and that the said committee be authorized and empowered to hold public hearings, in its dis- creation, in the performance of its duties, and to After considerable discussion of the matter, during which members of the Council stated their desire to study this matter before acting upon it, Mr. Webber moved to defer it for consideration until the regular meeting of May 29, 1961. The motion was seconded by Mr. Wheeler and adopted. There being no further business, Council adjourned. APPROVED 347:' 34~8 COUNCIL, REGULAR Monday, May 22, The Council of the City of Roanoke met in regular meeting la the Council Ckamber in the Municipal Building, Monday, May 22, 1961, at 2:00 o'clock, p. the regular meeting hour, with the President, Mr. Anderson, presiding. pREbENT: Messrs. Cornell, Pollard, Mebber, ~heeler, Yoong, and the President, Mr. Anderson .......................... AD~£NT: Mr. Dillard ...................1, OFFICER5 PRESENT: Mr. Arthur 5o Omens, City Manager, Mr. Milllam F. Griggs, Assistant City Auditor, and Mr. J. Robert Thomas, City ClerR. INVOCATION: The meeting was opened mith a prayer by the Reverend Persinger. Retired Methodist Minister. MINUTE~: Copy of the minutes of the regular meeting held On May 15, 1951, having been furnished each member Of the Council, upon motion Of Mr. Nheeler seconded by Mr. Pollard and adopted, the reading was dispensed with and the minutes 'approved as recorded. HEARING OF CITIZEN~ UPON PUBLIC MATTER~: bTREET5 AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m., Monday, May 22, 196l, on the request of bell ~ervlee btation$, incorporated. that a portion of bauford Avenue, 5. W.. and an alley lying parallel thereto, alley at their terminal points after the closing requested has been effected, the Corporation also agreeing to the establishment of a building setbacR line on Brandon Avenue to meet the requirements of the city for future street widening purposes. Mr, Webber moved to refer to the City Attorney, for his approval, the Ordinance presented for closing of the portions of the street and alley in question and to direct the City Attorney to prepare Ordinances providing for acceptance of the strips of land offered to the city for street and alley purposes and also establishing a setback line on Brandon Avenue to provide for future street widening purposes as shown on a plat prepared by David Dick and Harry A. Rail, dated Ray 19,11 1961. The motion mas seconded by Dr, Cornell and adopted, Mr, Pollard not voting, PETITION5 AND CORMUNICATION~: CHAMBER OF COMMERCE-ANNEXATION: The City Clerk presented a resolution of!! the Roanoke Chamber of Commerce. requesting that the Council authorize appeal of the recent annexation decision, Mr, Young moved to lay the matter over until the order of the annexation court is entered, The motion was seconded by Mr. Nheeler and adopted. CHAMBER OF COMRERCE-~TATE HIGHRAY~: The City Clerk presented a resolu- tion of the Roanoke Chamber of Commerce, requesting that the Council give priority to obtaining a spur leading from the Blue Ridge parkway to the top of Mill Mountain and, also. a connection betmeen Interstate Highway BI. alon9 ~tate Route No. 601, Nhiteside ~treet and Patrick Henry Avenue. and Orange Avenue. Dr. Cornell moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Pollard and adopted, CHAHBER UF COMMERCE-TRAFFIC: The City Clerk presented a resolution of the Roanoke Chamber of Commerce, urging that the Council take steps to alleviate the traffic congestion et the intersection of Orange Avenue and Williamson Road. N. E.. and, also, on Twenty-fourth ~treet, N, M.. between 5buffers Crossing and 5henandoah'Avenue. Mr. Wheeler moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Young and adopted. bTREET~ AND ALLEY~-~CHOOL~: The City Clerk presented a communication from the Roanoke City ~chool Board, requesting that the Council acquire a 50-foot wide right of way for extension and development of Ferncliff Avenue, No W., from Bershberger Road to the new William Fleming High ~chool site. Mr. Webber moved to refer the request to the City Manager for negotiation with the property owners concerned, estimate Of the cost of providing curb and gutter, sJdewalR and paving, and report to the Council. The motion was seconded by Mr. Wheeler and adopted. PLANNING: The City Clerk presented a communication from Mr. Lo Graham Baynie, submitting his resignation as a member of the City Planning Commission, effective immediately. Mr. Pollard moved to accept the resignation. The motion was seconded by Mr. Mheeler and adopted. '349 ' 350' AUDIT~-CLERK OF COURTS: The City Clerk presented n report of the blare Auditor of Public Accounts, covering an audit of the accounts of Millinm D. Curt, deceased, CJerh of the Courts, for the years 1959 and 1960, and from Jnnsnry 1, 1961, through March 4, 1961, the report stating that oil funds of record have been properly accounted for and the accounts turned over to Malker R. Carter, new Cloth of the Courts, Mr, Mheeler moved to file the report. The motion mas seconded by Mr. Pollard and adopted. REPORT~ OF OFFIC£R~: BUDGET-SEWER5 AND ~TORM DRAINS: The City Manager requested an appro- priation of $5,000,00 for the purpose of drilling additional drainage shafts in the Milliamson Road area for disposal of surface waters. Mr, Young moved to concur in the request and offered the following emergency Ordinance: (=14421) AN ORDINANCE to amend and reordain bection =141, 'bemer and Grain ConstructJon,* Of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 400.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs. Cornell. Pollard, ~ebber, Wheeler, Young, and the President, Mr. Anderson .......................... NAY5: None ............................O. (Mr. Dillard absent) BUDGET-ANNEXATION: The City Manager requested an appropriation of $14,136.10 to pay the accounts of Marcus A. Bieler, $50.001 Dixie Letter bervice, $79.10; Copenhaver and Edwards, $1,260.00; Keflnett and Kennett, Williams, $7,062.7g; Wiley and ~ilson, $3,563.46~ and ~oudrum and Gregory, $2,O20.73, in connection witb the annexation proceedings. Mr. Wheeler moved to concur in the request and Offered the following emergency Ordinance: (=14422) AN ORDINANCE to amend and reordain bection =155, "Annexation," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 48g.) Mr. Wheeler moved the adoption of the Ordinance. The motion was setonded by Mr. Young and adopted by the following vote: AYEb: Messrs. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ......................................... NAYS: Dr, Cornell .....................I. (Mr, Dillard absent) BUDGET-PARKb AND PLAYGROUNDS: The City Manager requested a transfer of $7OI.68 from ~upplies in the Parks account to Departmental Equipment and Improve- ments to provide far purchase of picnic tables. Dr. Cornell moved to concur in the request and offered the folloming emergency Ordinance: (n14423) AN ORDINANCE to amend and reordain ~eetion Sill, SParks and Recreational Areas,' and Section #144, 'Departmental Equipment and Improvements,m of the 1961 Appropriation Ordinance, and providing for an emergency, (For full text of Ordlnance,'see Ordinance D,ok No. 24, page 489,) Dr. Cornell moved the adoption of the Ordinance, The motion nas seconded by Mr, Pollard and adopted by the following rote: AYEs: Messrs, Corn,Il, Pollard, Mebber. Nheeler. Young, and the Presidenl Mr, Anderson ......................................... NAYS: None ................................O. (Mr. Dillard absent) HUD~ET-~TREET~ AND ALLEy~: The City Manager requested on appropriation of $263,44 to pay one-half the cost of paving a street adjacent to Roanoke Memorial Hospital. Mr. ~heeler moved to concur in the request and offered the following emergency Ordinance: (~14424) AN ORD1RAN£E to amend and reordain ~ection ~OI, '~treet Repair, of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance, Hook No. 24, paqe 4q0,) Mr. Nheeler moved the adoption of the Ordinance. The notion nas seconded by Mr. Young and adopted by the following vote: AYEb: Messrs.'Cornnll, Pollard, ~ebber, ~heeler, Young, and the President, Hr. Anderson .............................. NAYS: None ................................ O. (Mr. Dillard absent) STREETS AND ALLEY~: The City Manager submitted an estimate of $1,340.96 as the cost of black-topping the 600 and 700 blocks of ~tewart Avenue, ~, E.. as requested by the Council at its meeting of May 15, 1961, pursuant to a request of Mr. Paul H. Starkey. Dr, Cornell moved to direct the City Manager to consider pavement of this!i portion Of stewart Avenue in its proper place in the list Of streets to be repaJred[i nnder the next black-topping program. The motion was seconded by Mr. Webber and adopted. ~TREETS AND ALLEYS: The City Manager requested authority to pay to Virginia Heights Baptist Church $225.00, representJn9 one-half the cost of paving 5 feet of an alley adjacent to its property to provide access to church parking facilitieS. Mr. Young moved to direct the City Attorney to prepare a Resolution granting the requested authority. The motion was seconded by Mr. Wheeler and adopted. DRIDGE~: The City Manager reported that the ~tote Departmeat of Highways has requested the city to join in construction of a bridge over Carvins Creek on Virginia ~tate Route 115. the estimated cost of mhich is $45,000,00, the city to pay one-half of the cost thereof, th~ City Manager advising that this bridge will provide for the extension of Nhiteside Street into the county along btate Route 601 and is a portion Of the program requested by the Chamber of Commerce earlier in the meeting, and recommending that Council concur. 351 352 Hr. Young loved to concur in the recollendatfon nnd offered the follolin* Resolution: {s14425) A BESOLDTION recolleoding to the Bighlsy Collission that the Departlent of Public Highlays construct a bridge on Route 115 over Cnrvins Creek ut the City's north corporate lllits; evidencing this Conncil*s millingness to pay one-half of the $45,000 estiueted ~Ost. of such bridge; and authorizing the proper city Officials to present this resolution to the Blghlay Commission and to speak in behalf of the project, (For full text of Resolution, see Resolution Book No, 24. page 490.} WF, Young noted the adoption of the Resolution, The motion was seconded by Mr. Pollard and adopted by the folloling vote: AYES: Messrs. Cornell, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson .......................... NAYb: None ............................O, (Hr, Dillard absent) STREET LIGHTS: The City Manager recommended the installation of street lights at 2140 Winston Avenue, S. W.. and 3~00 Yentnor Road, 5. E, Mr, Young moved tO concur in the recommendation and offered the follouing Resolution: {~1442b) A RE~OLDTION authorizing the installation of one 2500 lumen overhead incandescent street light in the vicinity of 2140 Winston Avenue, b. and 3~00 Yentnor Road, ~. E., respectively. (For full text of Resolution, see Resolution Book No. 24, page 4glo) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell. Pollard. Webber. Wheeler. Young. and the President, Mr. Anderson ......................... NAYS: None ...........................O. (Rt. Dillard absent) blGNb: The City Manager reported that he has investigated the request of Midas Muffler Shop of Roanoke, Incorporated, for permission to locate a sign on Williamson Road. just north of its intersection with Carver Avenue, N. E., in the street right of way, to designate the location of its place of business, the City manager advising that he can see no objection to granting the permission requested. Mr. Webber moved to lay the matter over pending receipt of the report of the City Planning Commission in connection therewith. The motion was seconded by Dr. Cornell and adopted. RECREATION DEPARYMENT: The City Manager submitted an additional report from the Director of Parks and Recreation concerning the City-County Golf Tourney, advising that the City-County Golf Tourney originated with Mr. Harold Wimmer. ~port~ Editor of The Roanoke Times, in the spring of lg4~; that at that time a tournament committee was established composed of a representative of the Times-World Corporati¢ Golf Chairmen of the sever'al Clubs, Golf Pros of the several Clubs, and a repre- sentative of the Department of Parks and Recreation; that the Times-World Corporation has agreed to sponsor the project tourney, to furnish a trophy for tb~ II .! minner of the said tourneys and to uudermrlte uny losses that might be snstoined; thut the committee established provides rot the rules governing the tournament, establishes entry revs to cover expenditures, including nmards other than the trophy provides police and tournament personnel, a buffet dinner, the operation of & junior tournament, and miscellaneous items; that participants in the City-County tourney have varied from gO golfers to 200, with 160 entries in 196o, and that the Junior tournauent has had from 35 to 50 youngsters under the age of sixteen, After considerable discussion of the matter, during mhich the City Manager advised the Council that it has been the policy of the city to cooperate uith any independent organization sponsoring any morthwhile recreational activity in the city to the extent of the city's Recreation Department participating therein,! Hr. Wheeler moved to file the Feporto The motion was seconded by Mr. Young and adopted, REPORTS OF COMMITTEES: NONE, UNFINISHED BUSINESS: ZONING: Council at its meeting of March 12. 1961. having referred to the City planning Commission for study and recommendation a request of Mr. Peter N. Apostolou that his property designated as Lots l, 3, 4A and 4B. Grandview Addition, Lots I and 2, R. A, Mays Map, and a tract containln9 approximately six acres, lying between said lots, said property bean9 deslonated as Official Tax Nos. 2060901, 2060904-2060900, inclusive, and 2060911. bounded by Liberty Road, Levelton Avenue and Eighth Street, N, W,, be rezoned from Ceneral Residence District to Business or Light Industrial District. the City Planada9 Commission submitted its report, advising that a substantial portion of the property concerned will be absorbed as right Of way for Interstate Spar 5011 that topographic maps indicate a drainage problem exists in the area which cannot be solved until the highway is constructed; that the area is General Residence in nature, and in its opinion the present residentially zoned district should be maintained; and that it has received a petition from 103 residents of the immediate ~eighborhood objecting to rezoning of the property in question, the City Planning Commission recommending that the Counci deny the request. The City Clerk advised that the petitioner desires a public hearing in the matter. Mr. Webber moved to set a public hearing in the matter for 2:00 u'clock, po m., June 19, 1961, and to direct the Attorney for the petitioner to prepare the proper notice thereof, have it approved by the City Attorney ahd present it to the City Clerk for publication. The motion was seconded by Mr, Wheeler and adopted, 0UDGEToZONING: The Council at its meeting Of May 15, 1961. having requested the City Planning Commission to transmit to it the report of its sub- committe~ concerning amendments to the cityts zoning lam, and the Building Commis- sioner to present a proposed revised zoning ordinance prepared by him, both document were presented to the Council. 353 Hr. Webber moved to take the documents under consideration ond to set an informal meeting of the Council for 7:30 ,°clock. p. m.. June 6. lgGl. in the Council Chamber. to uhlch members of the City Fleanlng Commission. its staff and its sub-committee be invited for consideration of the proposed revisions to the zoning ordlnonce. The motion mas seconded by Hr. Wheeler and adopted. CONSlD£RATION OF CLAIJtS: INTRODUCTION AWD CON$ID£RATION OF OROINANC£S AN, R£SOLOTIONS: ZONIN6: Ordinance No. 14411. fez,ming from General Residence District to Light Industrial District Lot fl. Section ~R~, Hap of Wllllamson Groves. Official Tax No. 3070500. being located on the uesterly side of Courtland Avenue. N. between Carver Avenue and Sycamore Avenue. having previously been before ~ouncil fOr its first reading, read and laid over. nas again before the body. Mr. Wheeler offering the f,Il,ming for its second reading and final adoption: (~14411) 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 O,ok No. 24. page Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Dr, Corn,Il and adopted by the following vote: AYEb: Messrs. Corn,Il. Pollard. Webber. Wheeler. young, and the President. Mr. Anderson .......................... NAYS: None ............................O. (Mr. Dillard absent) bALE OF pROPERTY-WATER DEPARTMENT: Ordinance No, 14420, authorizin9 the sale and conveyance of approximately 10.4 acres of land at the Cityts Carries Cove filter plant, in Roanoke County. to the Commonwealth of Virginia. Department of Itigbways. upon certain terms and conditions, baying 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: (=14420) AN ORDINANCE authorizing the sale and conveyance of approxi- mately 10.4 acres of land at the City*s CarvJns Cove filter plant, in Roanoke County. to the Commonwealth of Virginia. Department of Highways. upon certain terms and conditions. (For full text Of Ordinance. see Ordinance Book No. 24. page 487.) Dr. Corn. Il moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell. Pollard. Webber. Wheeler. Young. and 'the President. Mr. Anderson .......................... NAYS: None ............................O. (Mr. Dillard absent) AIRPORT: The Council at its meeting of May 15. 1961. having directed the preparation of a Resolution modifying the provisions of Ordinance No. 14323. adopted on the 13th day of February. 1961. concerning expenditure of fundstfor improvements to the airport restaurant. Mr. Pollard offered the following Resolution: I! (z14427) A R£~OLDTION modifying certain provisions of Ordinance No, 14323 relating to the making of certain improvements and repairs to the Roanoke Municipal Airport restaurant. (For full text of Resolution. see Resolution Book No. 24. page 492.) Mr. Pollard moved the adoption of the Resolution. The motion mas second* ed by Dr. Coraell and adopted by the f,Il,ming rote: AYES: Messrs. C.mall. Pollard. Webber. Wheeler. Young. and the President, Mr. Anderson .............................. 6, NAYS: None ................................O. (Mr, Dillard absent) ZONINg-HOUS lNg*SLUM CLEARANCE: The Council bavin9 previously received from the Roanoke Redevelopment and Housing Authority a requested amendment to the plan for the Commonwealth Redevelopment Project area, and having considered the problem of certain residents residing in the area, Mr, Wheeler offered the follow- ing Resolution: (~14426} A RESOLUTION requesting the City of Roanoke Redevelopement and Housing Authority to revise its Redevelopment Plan - Amendment No, 2, for Commonwealth Project. so as to designate a portion thereof to be used for resi- dential purposes in order that citizens presently residing in said Project area may be afforded the opportunity to continue to reside in said designated area. (For full text of Resolution, see Resolution Book No. 24, page 492.) Mr, Wheeler moved the adoption of the Resolution, The motion was second-i~ ed by Mr. Young and adopted by the following vote: AYES: Messrs. Corneli. Pollard. Webber. Wheeler. Young. and the President, Mr, Anderson .............................. 6, NAYS: None ................................O. (Mr. Dillard absent) MOTIONb AND MISCELLANEOUS BUSINESS: APPOINTMENTS: Dr, L. E. Paxton appeared before the Council and stated in his opinion there are negro citizens available and qualified for appointment to various boards and commissions of the city in excess of those now serving thereon, and that he believes that additional negros can be employed by the city government, particularly in the Fire Department. There being no further business, Council adjourned, A P PR 0 ¥ E g Presiden~ 355 356 COUNCXLs SPEC IAL MEETIN6s Thursdays May 25s IQ61. The Council of the City of Roanoke met in special meeting in the Council Chamber in the Municipal Bnildings Thnrsday. May 25, 1961, at 11:00 oSclock, &, m** pursuant to a call of the Mayor to consider a report of the City Attorney in con- nection with annexation proceedings, with the President. Mr, Anderson, presiding. pRE~£NT: Messrs, Cornelia Pollard, ~ebber, Wheelers Young, and the President, Mr, Anderson ................ 6, AR~ENT: Mr, Dillard ......... 1, OFFICERS PRESENT: Mr, Arthur b. Owens, City Manager, and Mr. Jo Robert Thomas, City Clerk. A~N£XATXON: The City Clerk presented a communication from the City Attorney, transmitting a copy of the order Of the annexation court in the case Of the City of Roanoke versus the County of Roanoke, in which the city proposed to annex certain areas of the county adjacent to it, entered on May 19, 1951, dis- missing the proceedings; and, also, a Resolution, which he prepared at the directio Of the Mayor, directing the City Attorney and the attorneys previously authorized to assist him in the ease to apply for an appeal from said order to the Supreme Court of Appeals of Virginia, and, if successful in such application, to prosecute the same. The City Attorney stated that, in his opinion, the matter is of such importance to the welfare of the City of Roanoke that the Council should adopt the Resolution. Mr. Wheeler offered the following Resolution: (~14429) A R£SOLDTION authorizing and directing the City Attorney to apply for an appeal to the Supreme Court of Appeals of Virginia from the decision of the Special Annexation Court in dismissing the City's petition heretofore filed pursuant to Ordinance No. 13696, seeking to annex a portion Of [oanoke County to the City, and otherwise to do the necessary in the premises. (For full text of Resolution, see Resolution Book N~. 24, page 493.) Mr. Rheeler moved the adoption of the Resolution. The motion was second~ by Mr. Young and adopted by the following vote: AYES: Messrs. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ........................... 5, NAYS: Dr. Cornell ...........1. (Mr. Dillard absent) There being no further business, Council adjourned. A P P R 0 V E D Presloent COUNCIL. REGVLAR MEETING, Monday, May 29, lqGl. The Council of the City of Roanoke met ia regolur' meeting le the Council Chamber ia the Municipal Building, Monday, May 29, 19bi, at 2:OD o'cloth, p. the regular eeeting hoer, with the President° Mr. Anderson, presiding. PRESENT~ Messrs. Cornell, Dillsrd, Pollard. Webber, Wheeler. Young, and the President, Mr. Anderson ........ ABSENT: None ............O. OFFICERS PRESENZ: Mr. Arthur S. Owens. City Manager, Mr. Randolph 6. Whittle, City Attorney. Mr. Million F. Griggs, Assistant City Aeditor. and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Cato B. Pierson, Chaplain, Veterans Administration Hospital. MINUTES: Copies of tbe minutes of the regular meeting held on May 1961. and the special meeting held on May 25. 1961. having been furnished each member of the Council, upon motion of Mr. Wheeler, seconded by Mr. Young and adopted~ the reading was dispensed with and the minutes approved as recorded. Mr. Dillard voting no. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: SIDEWALK, CURB AND GUTTER-TRAFFIC: The City Clerk presented a petition bearing seventy signatures of residents of the Garden City area. requesting constvuc~ tion of concrete curb and gutter on the south side of Mabry Avenue. S. E** between Garden City Boulevard and Garnund Branch. a distance of approximately 435 feet, and. also, that measures be taken to eliminate a serious traffic hazard existing at the intersection of Mabry Avenue and Garden City Boulevard. S. E. Dr. Cornell moved to refer the request to the City Manager for study and recommendation, lncleding an estimate of the cost. The motion was seconded by Mr. Dillard and adapted. STADIUM: The City Clerk presented a communication from Mr. R. P. Hunter, submitting his resignation as a member of the Stadium Advisory Committee, effective June 15, 1961. Mr. Wheeler moved to accept the resignation with regret. The motion was seconded by Mr. Young and adopted. Mr. Wheeler then nominated Mr. Rex T. Mitchell, Jr.. to serve the unex- pired term of Mr. Hunter as a member of the Stadtem Advisory Committee, said term expiring December 31, 1961o Mr. Webber moved to close the nominations. The motion was seconded by Mr. Young and adopted. Mr. Rex T.. Mitchell, Jr., was elected a member of the Stadium Advisory Cum to fill the unexpired term of Mr. Robert Po Hunter, said term expiring December 31, 1961, by the following vote: 357 ttee 358 FOE MR, EITCBELL~ Messrs. Cornell, Dillard, Pollard, Webber° Mheelero Young, nnd the President, Mr. Anderson ...... REPORTS OF OFFICERS: BDDGET-AIRFORT: The City Manager requested nn appropriation of $1.000.00 to provide for the purchase end Installation of a new air conditioning unit for the restaurant at the Municipal Airport, end n~vised that the present unit is no longer repairable on an economic basis. Mr, Mheeler moved to concur ia the request and offered the folloming emergency Ordinance: (s14430) AN ORDINANCE to amend and reordain Section u144, "Departmental Equipment and Improvements." of the 1961 Appropriation Ordinance. and providing for an emergency. (FOr full text of Ordinance, see Ordinance Book NO. 24. page 494.) Mr. ~heeler moved the adoption of the Ordinance. The motion mas seconded by ~r. Pollard and adopted by the folloming vote: AYES: Ressrs. Cornell, Dillard. Pollard, ~ebber, Wheeler° Young, and the President. Mr. Anderson ......... 7. NAYS: None ........... O. RECREATION DEPARTMENT: The City Manager reported the resignation of Er. Robert P. tinnier as Director of Parks and Recreation, effective June 15, 1961. and the appointment of Mr. Rex T. Mitchell, Jr., as Director of Parks and Recreation, effective June 16, 1961. Hr. Mheeler moved to file the report, The motion was seconded by Mr. Pollard and adopted. SEWERS AND STORM DRAINS: The City Manager reported that, pursuant to a directive of the Council at its meeting of May 15, 1961, he has studied the questio of eliminating a surface water drainage problem on Twenty-first Street~ S. between Sanford Arenue and Colonial Avenue, as requested by the Colonial Hills Civic League; and that to alleviate the condition it will be necessary to construct a storm drain from the intersection of Twenty-first Street and Sanford Avenue, along Twenty-first Street to Lynn Avenue, thence to Brandon Avenue, and down Brandot Avenue to the creek at an estimated cost of $16,O00.00, the City Manager advising that he cannot recommend the expenditure of funds for this purpose at this time and suggesting that the Council consider it along with other like items during its 1962 budget delibe}ation. Mr. Young moved to concur in the report of the City Manager. The motion was seconded by Mr. Pollard and adopted. AIRPORT: The City Manager submitted a request, of Greenbrier AirPort, Incorporated, that it be permitted to enter into a contract with the City of Roanoke for use of the Municipal Airport on the basis of paying $100.00 per month minimum charge, or $.30 per thousand pounds gross registration, or fraction thereof in landing fees, whichever is 9renter, for its planes using the Municipal Airport, l! in lieu of the present schedule of fees set out in the City Code, the City Manager recommending that tho Council grant the requested permission. Dr. Cornell moved to direct the City Attorney to prepare the necessary contract and allied documents effectuating the City Danager*s recommendation, The motion was seconded by Hr. Rheeler and adopted. .. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS~ ZONING-HOUSING~SLUM CLEARANCE: The City of Roanoke Redevelopment and Dousing Authority, having under date of November Il, lg60, presented to the Councl un Amendment No. 2 for the Commonwealth Redevelopment Project, and at subsequent meetings having considered the plan amendment, and on May 22, 1961, having adopted Resolution No. 14428, requesting the said Authority to include in its planning the designation of a portion of the area to be used for residential purposes in order that citizens presently residing in the proj act area may be afforded~an opportunity to continue to reside therein, the Housing Authority presented a revised Amendment No. 2 in which is included the proposed right of may for the Interstate Dighway spur, and. also. the residential area as requested. Mr. Jack B. Coulter, Attorney for the persons residing in the Commonwealth Project area, appeared before the Council and called attention to the fact that he previously presented to the Council a Resolution for its consideration which would have made the delivery of deeds to the persons residing in the area a condition precedent to amending the Commonwealth Redevelopment area plan, Mr. Coulter advisin the Council that two of the 'persons residing in the area outside of the proposed residential district as provided in the revised amendment do not desire to be moved,! but rather wish to stay on the property which they presently occupy; and that their houses are in excess of fifty years old and he does not think they can be moved, however, that they are willing to move to another area if they are furnished facilities equal to those they presently occupy. Mr. ~ebber moved to refer the revised Amendment No. 2 to the City PlanfltngI Commission for study and recommendation. The motion was seconded by Mr. Pollard and adopted. Mr. Dillard moved to refer to the City Attorney for study and recommenda- tion the Resolution as proposed by Mr. Coulter. The motion was seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE OF PROPERTY-STREETS AND ALLEYS: The Council at its meeting of May 15, 1961, having directed the preparation of Ordinances providing for acquisition of certain land and easements for widening of Seventh Street,.N.E.. Mr. Pollard offered the following emergency Ordinance: (aid431) AN ORDINANCE authorizing and directing the acquisition of certain land and a slope easement from A. M. Frankie and, also, certain land from 359 36O Llnwood J. end Marie C, Nofsioger on the west side of Tth Street, N. E,, to provide rot nn O0-foot right of way; end providing for aa emergency, (For full text of Ordinance. see Ordinance aooh No. 24, page 494. J Mr, Pollard moved the adoption of the Ordinance. The motlon was seconded by Mr, Wheeler end adopted by the following vote: AYES: #easts. Cornell, Dillard, Pollard,~#ebber, Wheeler, Yonng, end the President, Mr. Andersoo .......... ?. : NAYS: None ............O. : MF. Wheeler offered the following emergency Ordinnnce providing for the acquisition or a strip of land and a slope easement from William Draper: (m14432) AN ORDINANCE accepting the conveyance of a small strip of land and a slope easement on the east side of ?th Street, N. E., from William B. and Lewis F. Draper; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 495.) Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Br. Young and adopted by the following vote: AYES: Messrs. Coraell. Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .......... RAYS: Rome ............ STREETS AND ALLEYS: The Council at its meeting of May 22, 1961, having directed the preparation of a Resolution providing for payment of $225.00 to Virginia Heights Baptist Church, ~r. Pollard offered the following Resolution: (=14433) A RESOLUTION directing the payment of $225.00 to Virginia Heights Baptist Church. (For full text of Resolution. see Resolution Book No. 24, page 496.) Mr. Pollard moved the adoption of the Resolution. The motion was seconde¢ liby Br. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Nbeelero Young, and the President, Mr. Anderson .......... RAYS: None ............ O. STREETS ARD ALLEYS: The Council at its meeting of May 22, 1961, having directed the preparation of Ordinances providing for vacating, discontinuing and closing a portion of an alley and of Sanford Avenue, S. W.; acceptance of convey- ance of certain land from Self Service Stations, Incorporated; and the establishment of u setback .line on the~property of Self Service Stations, Incorporated, along Drandon Avenue, Mr. Wheeler offered the following Ordinance: (o14434) AN ORDINANCE vacating, discontinuing and closing that portion of an alley in Block 4, according to the Map of Colonial Heights, lying between the southeasterly line of Lot 9 and Lot 10o and the northwesterly line of Lot 19 and Lot 20, and extending from the outside boundary line of a newly established 15~foot alley, to be dedicated along the southwesterly portion of Lot 19 and extending approximately'IlO.S9 feet to · building setback line along the preseut bounder7 lien of Rrondon Avenue, S. W.; nnd thee portion of Sunford Avenue lying between Block 4, and Block 9, accovding to the Nap of Coloniel Heights, exteedingenly, however, from · nemly esteblisbed setback line of Drundon Avenue in a southwestovly direetlom to the entrance to · new 15-foot alley, to be established along the boundary line of Lot 19, Dlock 4, ell of which is shown by a plat prepared by David Dick dated Ray IF, 1961, and attached to this Ordinance. WREREAS~ in accordance with u petition, viemers were appointed by Council to view the property and report in writing what inconvenience, ir any, would be in vacating, discontinuing and closing the alley and street above referred to; and WHEREAS° it appears fFom the veport in writing flied with the City Clerh, and offidevit of three of the viewers appointed by Resolution ~o. 142bH, adopted December 12o 1960; namely. R. L. Rush, J. A. Turner and John T, Willinmson, that no inconvenience would result, either to any individual or to the public, from vacating, discontinuing and closing that portion of the said aBey and street above described, to which report~no exceptions have been filed; and WHEREAS, the City Planning Commission. by a report dated April ID. advised the City Council that It would be feasible to close and vacate parts of Sanford Avenue and parts of an alley if the technical requirements of the City Code for provisions of adequate street facilities can be met; and WHEREAS, notice was published in The Roanoke World-News On May 5, 1961, setting a public hearing for 2:00 o'clock, p. m., May 22, lgBl. at which public heaFing no one appeared in opposition; and WHEREAS, the petitioners have agreed to beaF and defray the costs and expenses incident to the closing of the said street and alley. THEREFORE, HE XT ORDAXHED by the Council of the City of Roanoke, Virginia. that that portion of an alley in Block 4, according to the Map of Colonial Heights, lying between the southeasterly line Of Lot q and Lot 10, and the northwesterly lineli of Lot 19 and Lot 20, and extending from the outside boundary line of a newly established 15-foot alley, to be dedicated along the southwesterly portion of Lot 19 and extending approximately 110.59 feet to a building setback line along the present boundary line of Brandon Avenue, S, ~.; and that portion of Sanford Avenue lytng between Block 4 and Block 9, according to the Rap of Colonial Heighta, ex- tending only, however, from a newly established setback line of flrandon Avenue in a southwesterly direction to the entrance ~ a new 15-foot alley, to be established along the boundary line of Lot 19, Block 4. all within the City of Roanoke, Virginia be, and the same are hereby vacated, discontinued and closed, the City of Roanoke. however, reserving unto itself a public easement to maintain any present or future sewer or water lines therein and the right of ingress and egress for the maintenance and repair thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, direct! ed to mark WPermanently Vacated, Discontinued and Closed* the said street and alley 361 3'62- above referred to on ull mips nad plats on file in the Office of the City Engineer of the City of Roanoke, Virginia. on which said maps and plats sold street end alley are shown, referring to the boob nad page of Resolutions and Ordinances of the Council wherein this Ordinance shall be spread. BE IT, FURTHER OROAINEO that the Clerh of this Council deliver to the Clerk of the Dustings Court for the City of Roanoke. Virginia. n copy of this Ordinance in order that said Clerh may make proper notation on all maps or plats recorded in his said office upon which are shown the said street and alley herein permanently vacated, discontinued and closed us provided by law. Dr. Wheeler moved the Ordinance on its first reading. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Nessrs. Cornell. Dillard, Webber, Wheeler, Young, and the President #r. Anderson ..................... 6, NAYS: None ............ O. (Dr. Pollard not voting} Hr. Young offered abe following emergency Ordinance accepting conveyance of certain land from Self Service Stations. Incorporated: (m14435) AN ORDINANCE accepting the conueyanne of a 10-foot made strip of lend on Colonial Avenue and a 15-foot wide strip of lend along the southwesterly line of Lot 19, Block 4, Colonial Heights, from Self Service Stations, Incorporated; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 24, page 497.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Wheeler and adopted by the folloMin9 rote: AYES: Hessrs. Cornell. Dillard, Webber, Wheeler, Young. and the President Mr. Anderson ......... ~ ........... 6. NAYS: None ............O. (Mr. Pollard not voting) The City Clerk presented a letter from the City Attorney's office, advis- ing that in its opinion the establishment of a setback line on Brandon Arenue, along the property of Self Service Stations. Incorporated, can best be accomplished by the recordation of a plat sboMlng the setback line, duly executed and acknowledged by the property owner and approved by the City P~anning Commissing and the City En~neer, rather than establishment o~ the said line by Ordinance. which method will obviate considerable time and delay as well as expense to the public, and that if the Council concurs the setback line Mill be established in this manner and a report made thereof upon its consummation. Mr. Webber moved to concur in the report of the City Attorney and to direct that he proceed with his proposed method of establishing the setback line. The motion was seconded by Mr. Wheeler and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: CITY CHARTER: Mr. Dlllard*s suggestion that a Charter Study Committee, composed of seven qualified resident voters of the city, be appointed, having been laid over from a previous meeting of the Council, Mas again before the body. ,! -! After some discussion, with reference to the number of members of such u committee, Mr. Webber moved to lay the matter over until the next regular meeting of the Council. The motion wes seconded by Hr. Wheeler end adopted. BUDGET-STREETS AND ALLEYS: Dr. Cumuli stated that he wishes to propose an appropriation of $100.000.00 for black-topping of the city's streets; that in his opinion the streets are in a rather deplorable condition, and that he has requested the Director o! Public Works to be present in order that the Count. il might consult mlth him on the matter, Upon question. Hr. Wentworth advised that the street repair program is mell under way for this year and that in a rem more meeks all of the holes in the streets will have been repaired. Mr. Wentworth statln9 that in his opinion the program of black-topping streets Should be continued as funds are available for that purpose, and advising that since nil of the contractors who engage in this type of work are now busy on the state road system, he believes it will not be in the city's interest economically to call for bids for black-topping at the present time or until the state's summer program is over and the contractors' equipment is back in the city. Mr. Young moved to lay the matter over until the regular meeting of August 14. 1961, The motion was seconded by Mr. Wheeler and adopted. WATER DEPARTMENT: Dr. Corneil stated that he has been in consultation with the Department of Parks and Recreation and the City Manager with reference to Improvements at the Carvins Cove lake, and proposed that the power line into the area be extended to the picnic area shelter to provide for lights in the picnic area; that additional fireplaces be constructed; that a telephone be installed in the area for the police; that a fishing pier be constructed; and that "fishing only" signs be ~stalled in a portion of the area to protect the area around the proposed fishing pier. Dr. Cornell novlug to direct the City Manager to furnish an estimate Of the cost Of providiug these improvements. The motion was seconded by Mr. Pollard and adopted. ZONING: The City Clerk reported that Mr. Alexander N. Apostolou. Attorne~ for Mr. Peter'N. Apostolou, has withdrawn the request that his property located in the northwest section, bounded by Liberty Road, Levelton Avenue and Eighth Street, he rezoned from General Residence District to Business or Light Industrial Dlstrict,i and requested that the Council cancel the public hearing previously set for June 1961, in the matter and that the matter be dismissed from the Council's agenda with out prejudice. Mr. Dillard moved to concur in the request. The motion was seconded by Dr. Curnell and adopted. COUNCIL: Dr. Catcall moved that the Council begin its summer schedule of meeting every other week for the months of June, July and August, meeting on June 5, 1961, and On alternate weeks thereafter. The motion was seconded by Mr. Webber and adopted. 363 364 OFFICE HOURS-CITY EMPLOYEES: Mr, Webber moved to direct the City Attorne to prepare a Resolution granting u holidny to municipal eaployees on July 3. 1961. In order that they may have u long holiday ueeheod. The motion uss seconded by Mr, Young end adopted. There being no further business, Council adjourned. APPROVED Preslde~nt COUNCIL, REGULAR MEETING, Monday. June 5, lq&l. The Council of the City of Roanoke met in regular meeting ia the Council Chamber In the Municipal Oulldiog, Monday, June 5, 1961, at 2:00 o'clock, p, m,, the regular meeting hour, mite the President, Mr. Anderson, presiding, PRhb£NT: Messrs. Cornell, Dillard, Pollard, MaSher, Wheeler, Young, and the President, Mr. Anderson ........................... 7, ABSENT: None-~ .............................O. OFFICERS PRESENT: Mr. Arthur 5, Omens, City Manager, Mr+ Randolph G, Mhittle, City Attorney. Mr. Barry R. Yates, City Auditor, and Mr, J. Robert Thomas, City Clerk, INVOCATION: The meeting was opened mite a prayer by the Reverend Alvord R. Oeardslee. Chaplain, Rollins College. MINUTES: Copy of the minutes of the regular meeting held on Monday, May 29. lgGl. having been furnished each member of the Council, upon motion of Mr. Wheeler, seconded by Mr, Young and adopted, the reading was dispensed with and the minutes approved as recorded, BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITION~ AND COMMUNICATIONS: BUDGET-STREETS AND ALLEYS-SIDEWALK, CURB AND GUTTER: The City Clerk presented a communication from Mr. N. R, Prillamafl. 323 Fleming Avenue, N, E,, advising that the owners of property in the 300 block of Fleming Avenue, on both sides, have donated five feet of land off the front of their properties for the widening of the said Street, with the agreement that the city would construct concrete curb and gutter along the front Of their properties at no expense to them,l and requesting that the Council take necessary action to provide for the construc- tion of tee curb and gutter at this time. It appearing that funds appropriated for the purpose of constructing the curb and gutter in question, by Ordinance No. 14171, adopted ~eptember 12, 1960. mite the 1960 budget, and that the final deed for the property required forii widening the said street was recorded on May 9, 1961, Mr. Dillard offered the following emergency Ordinance appropriating funds necessary for the construction: (=14436) AN ORDINANCE to amend and [+ordain ~ection =140, 'Street Con- struction.' Of the lgGl Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 24, page 499,) Mr, Dillard moved the adoption of the Ordinance+ The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrso Cornell. Dillard, Pollard, Webber, Mheeler, Young. and the President. Mr. Anderson .............................. 7. NAYS: None ................................On TRAFFIC: The City Clerk presented a communication from Mrs. I. H. Wood, 2926 Grand Avenue, N. W.. calling attention to the fact that a seven year old girl was struck by an automobile mhen she darted out from behind a parked ice cream 365 366 truck and requesting that the Council ben such trucks on the street s of the city since they ~onstltute · nuisance dangerous to snail children. Also presented nas a communication from Mrs, fhelma Evans, Mr, and Mrs, Guy E. Gibson. #to and Mrs. R, L, Hurray, Mr, and Mrs. Ray Perkins. and Mc. and Rcs, B. G, ~enones, res'ident~ bt'the city. stating that In'their opinion banning the ice cream trucks tram the streets Will not stop children being hurt, that the ice cream trucks serve n useful purpose end are n J~y to the 'children. that they da not create near the hazard that trucks and automobiles in their normal pursuits present, that banning thes~ trucks mill deprive their operators or a livelihood, and that parents should look alter their youngchildren and keep then off the streets and out of danger. Dr, Cornell moved to file the communications, The motion nas seconded bl Mr. Pollard and adopted. REpoRtS OF OFFICER~: BUDG£T-bYADIUR: The City Manager requested an appropriation of $448.00 to provide for additional work necessary in connection uith covering the east stand at the Boanoke Municipal ~tadiun consisting of repairs to portions of the btadiun heretofore damaged, Mr, ~heeler moved to concur in the request of the City Manager and offere the following emergency Ordinance: (#14437) AN ORDINANCE to amend and reordain bection =144, "Departmental Equipment and Improvements," of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 24, page 500.) Mr. Wheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. Webber, Wheeler, Young, and the President, Mr. Anderson ................. 7. NAYS: None ...................0. BUDGET-AIRPORT: The ~ity Manager requested an appropriation of $6,00~.36 to provide for'additional costs in connection with the erection Of the Piedmont Hangar at the Roanoke Municipal Airport, $114.00 to cover the cost of installation of an exhaust fan and duct in the waste disposal room. necessitating a change order to the contract of the Frye Building Company, contractor for the project, and $5,694,36 to cover th~ purchase and installation of lockers, bins, shelves, cabinets, fire extinguishers, and other miscellaneou~ iten~, mhich will be pur- chased and installed by Piedmont Aviation, Incorporated, and will become city property thereafter. Mr. Webber moved ia direct the'City Attorney to prepare a Resolution extending the contract between the City of Roanoke and Piedmont Aviation, Incor- porated, to provide for the additional expenditures as requested. The notion was seconded by Mr, Wheeler and adopted. · BUDGET-PARKS AND PLAYGROUNDh: The City Manager presented n request of the Southeast Lions Club for an appropriation of $500.00 to provide for a Little League baseball diamond nt Fallow Park, fncludin9 n backstop end bases, Bt, Dillard moved to concur In the request and offered the folloming emergency Ordinance: (ni4430} AN ORDINANCE to amend and reordain Section ~111. "Parks and Recreational Areas," of the 1961 Appropriation Ordinance. and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 24, page Br. Dillard moved the adoption of the Ordinance, The motion was seconded by Ir, Mheeler and adopted by the following vote: AYES: Ressrs, Cornell, Dillard. Pollard. #ebber. Wheeler, Young. and the! President, Br. Anderson .................... ?, NAys: None ......................O, BUDGET-PARKS AND PLAYGROUNDS: The City Manager reported that in con- nection with a reqoest of the Wildwood Civic League for the construction of toilet facilities, repairing of a roof on a shelter and providing nddltonal parking space in Thrasher Park, repairs to the shelter and providing additional parking space can be accomplished with present budgetary funds, however, to erect a picnic shelter, lavatories and a storage room in the park to meet the needs will require an appropriation of $4,500,00. which he recommended. Dr. Cornell moved to concur in the report of the City Manager and offered the following emergency Ordinance: (~14439) AN URDINANCE to amend and reordain Section ~144, 'Departmental Equipment and Improvements,' of the 1961 Appropriation Ordinance, and providing for an emergency. (For fail text of Ordinance, see Ordinance Book No. RS, page 1.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs, Cornell, Dillard, Pollard, Webber, Kheeler, Young. and the President. Br. Anderson .................... NAYS: None ......................O. 5ALE OF PROPERTY: The City Manager presented an offer of Mr. W. Webb Hamill to purchase from the city a ,232 acre tract of land lying at the intersec- tion of Blair Road and Blenheim Road, 5, W., at a price of $1,400.00, and reported that he and the City Attorney recommend acceptance of the offer while the City Auditor. the third member of tke Real Estate Committee, believes tbat the tract of land is worth more than the $1.400.00 offered. After considerable discussion, Mr. Dillard moved to table the matter. The notion was seconded by Dr. Cornell and adopted, the President. Mr. Anderson, voting no, AIRPORT: The City Manager submitted tabulation of bids received for high intensity lighting installation for the north-south runway (Runway 15-33) at 367 368: the Roonohe.Huniclpcl Airport~ showing the bid or cross Electric Cowpany, In the uuount of $1g,130,48, os Iow, and bids received for bltuwinous overlay pavement strengthen Runway 5/23 at the Roanoke Municipal Airport, showing the bid of Adams Cons~rnction Coopany, in the amount of $107,123.34, as Ion, %he City Manager recowwending that the low bids be accepted and advising the Conncil that it will be necessary to appropriate $20g,bgl.02 to cover the cost or the two contracts, plus $137,20 for advertising and $3,500,00 for engineering tests, the City Manager pointing out that the federal government mill reimburse the city seventy-rive per cent of the cost of the high intensity lighting and fifty per cent of the cost of the runway strengthening, Mr. Pollard moved to concur in the recommendation of the City Rauager offered the following emergency Ordinance accepting the proposal of Cross Electric Company: (#14440) AN ORD1NAN£E accepting the proposal of Cross Electric Company for construction of high intensity lighting installation for North-booth (15-33) Runway at Roanoke Municipal (Woodrum) Airport, subject to the approval Of the Federal Aviation Agency; authorizing the City Manager to execute the requisite contract; rejecting all other bids; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 25, page 1.) Mr, pollard moved the adoption of the Ordinance. lhe motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............ NAYS: None ..................O. Mr, Webber offered the following emergency Ordinance accepting the pro- posal of Adams Construction Company: (=14441) AN ORDINANCE accepting the proposal of Adams Construction Company for bituminous overlay to strengthen Runway 5/23 at Roanoke Municipal (Woodrum) Airport, subject to the approval of the Federal Aviation Agency; author- izing the City Manager to execute the requisite contract; rejecting all other bids and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 2,) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Rt. Wheeler and adopted by the following vote: AYES: Ressrs, Cornell, Dillard, Pollard, Webber. Wheeler, Young, and the President, Mr. Anderson ................. NAYS: None ...................Oo Mr. Pollard offered the following emergency Ordinance appropriating the necessary funds: (=14442) AN ORDINANCE to amend and reordain Section m142, "Transfer to Improvement Fund," of the 1961 Appropriation Ordinance, and providing for aa emergency. (For full text of Ordinance, see Ordinance Book NO. 25, page 3.) Mr, Pollard moved the adoption of the Ordinance, The motion was seconded by Mr, Iheeler and adopted by the following vote: AYES: Messrs, Cornell, Dillard, Pollard. Nebber, Nheeler, Yonng, and the President, Mr, Anderson ................ ?. NAYS: None ....................~-0. BUDGET-MATER DEPARTMENT: The City Manager reported that he bus studied the question of providing iuprovements and additions at Carvlns Cove lube, as recommended by Dr, Cornell, and advised as follows: to extend the power line to the picnic shelter will require an appropriation of $250,00; to install additional fireplaces, no appropriation will be required, the fireplaces being in place; to install a telephone'for the police will require au appropriation of $10b,O0 to cover the cost of installation and service charges for the remainder of the year; to install a fishing pier will require an appropriation of $500,00; and to install "fishing only~ signs in u portion of the cove area can be accomplished from pFesent~ ly available funds, the City Manager recommending that all of the necessary funds he appropriated and the work authorized. Dr. Cornell stated that he believes the cost of $500,00 for the pier might be excessive; that it is only necessary to construct it immediately along the bank adjacent to the picnic area, and that this matter should be deferred, and moved to concur in the recommendation of the City Manager for appropriations for extending the power line and installing a telephone, Dr, Cornell offering the fol- lowing emergency Ordinance: (=14443) AN ORDINANCE to amend and reordain Section =111, 'Parks and Recreational Areas.~ of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Dank No. 25, page 4.) Dr. CoFnell moved the adoption of the Ordinance. The motion was seconded hy Hr. Pollard and adopted by the following vote: AYES: Messrs, Cornell. Dillard, Pollard, Webber. Wheeler, Young, and the President. Mr. Anderson .................... 7. NAYS: None ...................... O, Dr. Cornell then moved to refer to a committee composed of Dr. C. Cornell. Chairman, Roy L, Webber and Malter L. Young for study and recommendation the question of installing a pier for fishing only. The motion was seconded by Mr. Pollard and adopted, REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month o~ April, 1961, and reported other departmental reports on file in his office. Mr. Wheeler moved to file the report. The motion was seconded by Dr. Cornell and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: 369' 370 CITY CHARTbR: The suggestion, of Hr, Dillard that provision be mede for the appointment of u Cbsrter btody Committee, having been load over from the-previa meeting of the Council, the mutter was again before the body, After considerable discussion of the mutter, during which it appeared thee it is the consensus of the members that the proposed committee should not be limited to seven members as originally suggested, but should contain fourteen members**¥r. Dillard moved to direct the City Attorney to prepare u Resolution providing for the appointment of u Charter btudy Committee consisting of'fourteen members such members to be quaIified resident voters of the City of Roanohe, who are not city officials or employees; the committee to make a study of the City Charter, and, thereafter, to report its recommendations of suggested amendments, alterations, revisions, changes, eec, to the Council; the committee, after appoint- ment, to select its chairman and secretary, to be authorized and empomered to hold public hearings in its discretion, and to employ necessary stenographic assistance The motion was seconded by Dr, Cornell and adopted, Wessrs. Webber, ~heeler and Young voting no. -£ON~ID£BATION OF CLAIW~: NO~E. INTRODUCTION AND CONSIDERATION OF ORDINANCL$ AND R£~OLU~ION$: bTRLET~ AND ALL~Yb: Ordinance No. 14434. vacating, discontinuing and closing a portion of Sanford Avenue, ~. W., and an alley lying between hartford Avenue and Colonial Avenue, southwest of Brandon Avenue, having previously been before the 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 adoption: (=14434) AN ORDINANC~ vacating, discontinuing and closing that portion of an alley in Block 4, according to the Map of Colonial Heights, lying between the southeasterly line of Lot 9 and Lot IO, and the northwesterly line of Lot lg and Lot 20. and extending from the o~tside boundary line of a newly established 15-foot alley, to be dedicated along the southmesterly portion of Lot lg and extending approximately 110.59 feet to a building setback llne along the present boundary line of Brandon Avenue, S. N.; and that portion of Sanford Avenue lying between Dlock 4, and Block 9, according to the Map of Colonial Heights, extending only, however, from a newly established setback line of Brandon Avenue in a southwesterly direction to the entrance to a new 15-foot alley, to be established along the boundaryline of Lot 19, Block 4, all of which is shown by a plat prepared by David Dick dated May 19, 1961, and attached t5 this Ordinance. (For full text of Ordinance, see Ordinance Book No. 24, page 49b.) Dr. Cornell moved the adoption Of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: leasrso Cornell, Dillard~ Webber, Wheeler, Young, and the Presidenl Mr. Anderson ........................... 6o IAY~: None ..................O. (Mr. Pollard excused from voting) OFFICE HOURS-CITY ENPLOYEEb: The Council ut Its meetiug of Ney 29, 1961, having directed the prepurution of a Resolution providing for a holiday for mu- nicipal euploFees on July 3, 1961, Hr. Wheeler offered the follomlng Resolution: (u14444) A RESOLUTION establishing Rondey, July 3, ns a legal holiday for the current year onlF. (For full text of Resolution, see Resolution Oooh No. 25, pnge 4,) Hr, #heeler moved the adoption of the Resolution. The motion was seconde by Mr, Young and adopted by the following vote: AYEs: Ressrs. Cornell. Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson .................... NAYS: None ......................O. AIRPORT: The Council at its meeting of Ray 29. 1961, having directed the preparation of a Resolution authorizing a contract between the city and Greenbrier Airport, Incorporated, for use of certain facilities at the Municipal Airport. Mr. Rheeler offered the following Resolution: (~1444§) A RESOLUTION authorizing and directing the proper City Officials to enter into a contract between the City and Greenbrier Airport, Incorporated. (For full text of Resolution, see Resolution Boob No. 25, page $o) by Mr, Pollard and adopted by the following vote: Virginia pagqant. Mr. Anderson ............................... 37'1 3'7,2 BU~6ET-JBYENILE AND DOMESTIC BELATIONS COURT: The City manager advised that since the Juvenile Detention Home has been moved to its new quarters at Coiner Springs and the Juvenile Court has remained et the old Juvenile Detention. Home, said Court has no rands for certain facilities, and that it mill he necessary to provide funds therefor for continued operation, the City Mannger requesting an appropriation of $650, OO for utilities, $335,00 for supplies, end $215.oo for a floor polishing machine, Mr, Pollard moved to concur in the request and offered lhe following emergency Ordinance: (~14447) AN ORDINANCE to amend end reordain Section ~23, "Juvenile and Domestic Relations Court," and ~ection ~144o "Departmental Equipment and Improve- meats,# of the 1961 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance. see Ordinance Book No. 25, page 6.) Mr. Pollard moved the adoption of the Ordinance. The motion mas seconded by Dr, Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson ............ NAYS: None ..................0, There being no further business, the Council adjourned. APPROVED ATT~ : Preslde'~~ COUNCIL, REGULAR MEETING, Monday. June 19. 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, June 19, 19(21, et 2:00 o°cioch, p. m., the regular meeting hour, with the President, Mr. Anderson, presiding. PRESENT: Messrs. Cornell. Dillard. Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson ...... T. ABSENT: None .............. O. OFFICERS PRESENT: Mr. Harry R. Yarns, Acting City Manager and City Auditor, Mr. Randolph G. Mhittle. City Attorney, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by the Reverend J. Pringle. Pastor, Mestminster Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on June 5, having been furnished each member of the Council. upon motion of Mr. Wheeler. seconded by Mr. Pollard and adopted, the reading was dispensed with and the mina,esi approfed as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m.. Monday June 19. 1961. on the request of Mr. Lynn R. Hammond that his property lyin9 on the northwest corner of Mountain Avenue and First Street, S. E., designated as Official Tax No. 4020110, be rezoned from Special Residence District to Business District. and notice of the hearing having been published in The Roanoke World-News on June 2, 1961. and the City Plannin9 Commission having previously recommended that the request be granted, the hearing was held. Mr. C. T. Young appeared before the Council as Attorney for the property owners in the area. and as one of the property omners, and presented a petition bearing the signatures of twelve property owners in the immediate neighborhood opposing the requested rezoning. Mr. Robert J. Rogers, Attorney for the petitioner, appeared and stated that his client*s property is the only lot in the entire block not already zoned to business; that there is no building on the property 'and it is unsuitable for residential purposes; that his client intends to use the property for vehicular parking and has an agreement with the Carlton Terrace office building located nearby to lease the lot to it for five years, Mr. Rogers requesting that the Council concur in the recommendation of the City Planning Commission and his client*s petition. Mr. Young stated that both he and his clients oppose the rezonJng on the basis that First Street and Mountain Avenue are predominately General Residence in character; that they enjoy peace and quiet in a secluded residential area, which by reason of the terrain Of the trees which cover the hill, excludes the 373 ,3,7 4 normal noises and confusion of the domatoan area and mikes it an Ideal close-ia residential neighborhood. Mr. Young advising that in his opinion, and in the opinion of his clients, ample par~ing facilities are available for the nearby business areas, and that use of Mr. Hammond's property for parking purposes mill destroy the residential character of their homes. Mr. MebbeF moved to deny the request. The motion mas seconded by Br. Pollard and adopted. ZONING~ A public hearing having been set for 2:00 o'clock, p. m., Monday, June 19, 1961, on the request of Dr. Carl S. Pedigo that his property located on the north side Of Hrambleton Avenue, S. W., between Ashby Street and Red Rock Road, designated as Lot 10 and part of Lot 17, Block ~. Evergreen Development Company, Official Tax Nos 1650510 and 16§0519, be resumed from General Residence District to Business District. and notice of the hearing having been published in ~he Roanok( World-News on June 2, 1961, and the City Planning Commission having previously recommended that the request be granted, the hearing mas held at mhich no one appeared in opposition. Mr. T. L. Plunkett, Jr., Attorney for the petitioner, appeared and pointed out that his client's property is located betueen two major concentrations of commercial development as reported by the City Planning Commission, Mr. plunkett requesting that the Council concur Jn the City Planning Commission's recommendation and grant his client's petition. Dr. Corflell offered the following Ordinance: (=14446) 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 the property located on the north side Of Brambleton Avenue, S, W,o between Ashby Street and Red Rock Road, designated as Lot lO, and part of Lot 17. Block S, Evergreen Development Company, Official Tax Nos. 1650518 and 16505IH, resumed from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the hereinaft designated land be resumed from General Residence District to Business District; and WHEREAS, 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; a~d RHER£AS, the hearing as provided for in said notice was held on the lgth day of'June, 1961, at 2:00 o'clock, p. m., before the Council of the City of Roanoke at mhich bearing all parties in interest and citizens were given an opportunity to be heard botb for and against the proposed rezonlng; and. WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be resumed. THEREFORE, RE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1, of The Code of the City of Roaeoke, 1956, relating to Zoning, be amended and reenacted in the following particular and no ~her, viz°: Property located on the north side of Hrambleton Avenue. S. W** between Ashby Street and Red Rock Road, designated as Lot 18, and part of Lot I?, Block Evergreen Development Company, designated ne Sheet 165 of the Zoning Map as Official Tax Nos. 165051B and 16~0519, be, and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. BF. Cornell moved the Ordinance on its first reading. The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs. Coraoll, Dillard. Pollard, Webber. Wheeler, Young. and the President, Mr. Anderson .......... NAYS: None ............O. ZONING: A public hearing hating been set for 2:00 o'clock, p. m.. Monday. June 19. 1961. on the request of Mr. Marvin E. Andrews. et al., that their property lying on the north side of Virginia Avenue, N. W.. west of Comer Street, designated as Lots 2-6, inclusive. Block 3. West Park Map, Official Tax Nos. 2760109-2760113, inclusive, be rezoned from General Residence District to Business District, and notice of the hearing having been published in The Roanoke World-News on June 19bi, and the City Planning Commission having previously recommended that the request be granted, the hearing was held at which no One appearedin opposition. Mr. Richard To Edmards, Attorney for the petitioners, appeared before the Council and advised that his clients' property is adjacent to property already used for business purposes, as pointed out by the City Planning Commission,'Mr. Edwards requesting that the Council concur in the recommendation of the City Planning Commission and grant his clients' petition. Mr. Wheeler offered the following Ordinance: (mid449) AN ORDINANCE to amend and reenact Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zonin9. WHEREAS, application has been made to the Council of the City of Roanoke to have properties lying on the north side of Virginia Avenue, N. W., west of Comer Street, designated as Lots ~-6, inclusive, Block 3, West Park Map, Official Tax Nos. 2760109-2760113, rezoned from General Residence District to Business Dis- trict; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land by rezoned 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, 1956, relating to Zoning, ha s been published in #The Roanoke World-News," a newspaper published in the City of Roanoke, for the time required by said section; and 375 ~,37.6 RH£REAS, the hearing ns provided for in said notice wis held on the 19th day of June, 19&l, at 2:00 o'clock, p. m., before the Council of the City of Roanoke, it which hearing nl~ parties in interest nnd citizens 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 hereinafter described lnnd should be rezoned. 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.: Properties lying on the north side of Virginia Avenue, N. i** west of Comer Street. described as Lots 2-6, inclusive, Hlock 3, West Park Map. designated on Sheet 276 of the Zoning Map as Offioial Tax Nos. 2760109-2760113, inclusive, be. and are hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. Mr. Wheeler moved the Ordinance on its first reading. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Corflell, Dillard, Pollard. Webber, Mheeler. Young. and the President, Mr. Acderson ...... ?. NAYS: None ............ O. pEYITIONS AND COMMUNICATIONS: BONDS-SCHOOLS: The City Clerk presented a communication frofl the City School Hoard. advising that cash remaining in its construction funds from the sale of $5,400.000.00 in bonds for school construction and improvements is insuf- ficient to meet payments presently due; and, that. to neet payments due contractors for the months of May and June. it will require $100.000.00 and $625.000.00, respectively, $100,000.00 immediately and $625,000.00 on or before July !0. 1961. Mr. Young offered the following Resolution: (g14450) A RESOLUTION temporarily transferring $100,000 from the Water Fund - General Account to the lmprovenent Fund - School Account. (For full text of Resolution, see Resolution Book No. 25. page Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Messrs. Cornell. Pollard. Webber, Wheeler. Young. and the Presiden Mr. Anderson .............................. NAYS: Mr. Dillard ..............l. STREETS AND ALLEYS: The City Clerk presented a communication from R B and R Corporation and Eleanor O. Hodges, requesting that Crystal Spring Avenue, S, W.. from its intersection with Serpentine Road to its southern terminus, and, a~o, an unnamed turnaround street on the west side of Crystal Spring Avenue, 360 feet south of the said intersection, be vacated, discontinued and closed. Mr. Pollard moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Dr. Corflell and adopted. SEMERS AND STORM DRAINS: The City Clerk presented a communication from Mr. and Mrs. Rapheal F. Jackson, 406 Fairfax Avenue, N. W.. requesting that a storm water condition existing at Fourth Street and Fairfox Avenue, N. M** be corrected, and odvtslog that the City Manager has estimated the cost or correcting this condition at $14,000,00. and, also, requesting that the Council consider priating funds for this purpose in its 1962 budget. Mr, Rubber moved to refer the request to the City Msnnger for consideratlob and recommendation in connection with bls 1962 budget estimates. The uotioe was seconded by Hr. Wheeler and adopted. BONDS-STREETS AND ALLEYSoZONIN6: The City Clerk presented a communication from the Roanoke Valley Real Estate Board, requesting that the Council consider the issuance of bonds for street improvements in the city, lncludin9 all sections, with .' emphasis where the need is greatest, including also sidewalk, curb and gutter repair and installation, and. recommending that the Council rezone all of the old uorth- east section of the city lying between Shenandoah Avenue and Orange Avenue, extend= lng from Fourth Street east to the Norfolk and Western Railway lines, the Board pointing out that in 1954 and 1957 it requested consideration of the bond issue referred to. Mr. Dillard moved to refer the zoning question to the City Planning Commission for study and recommendation. The motion was seconded by Or. Cornell anG aGopted. It appearing that the question of a bond issue is presently pending before the Council along with a number of other capital improvement projects. Mr. Dillard moved to file the communication. The motion was seconded by Mr. Pollard and adopted. DEPARTMENT OF PUBLIC WELFARE-SCHOOLS: The City Clerk presented a communi-i* cation from the Northeast Nursery School Board, requesting that the Council rescind its Resolution No. 14573, adopted on the 27th day of March. 1961. expressing the CouncJlts willingness to lease the old Oalnsboro School site to a corporation to be formed by the Northeast Nursery School Board upon which site the said corporation might erect a new nursery school, and adopt a new Resolution expressing the Council'~ willingness to lease to the said corporation a tract of city-owned property located on the east side of Fifth Street, N. W., north of Hanover Avenue. containing approximately 24.800 square feet, designated as Official Tax Nos. 2031401-2031dOd, fnclusive, for the same purpose. Also presented was a report of the City Manager, advising that he has studied this matter and recommending that the Council authorize the use of the land requested by the Northeast Nursery School Board for the purpose stated. Mr. Webber moved to direct the City Attorney to prepare the necessary Resolutions granting the request. The motion was seconded by Mr. Wheeler and adopted, Messrs. Cornell and Dillard voting no. WATER DEPARTMENT: The City Clerk presented a communication from Lindenwoo~ Water Company. Incorporated, Vinton. Virginia. requesting that the city furnish it with water on a metered basis to serve the Lindenwood Subdivision. located I 1/4 37,.7' 378 miles east of Vintoo, or. In lien thereof, offering to negotiate the sale of its facilities to the clW, the said company advising that the reason for such request is that the Llndeowood Subdivision is growing rapidly, nad that the water pinna is presently serving 190 homes and 2 business establishments and is unable to furnish sufficient water without drilling additional wells or obtaining water from the city*s supply. Also presented was a report of the City Manager transmitting a commnoico- tion frou the Town of ¥inton, advising that the Lindenwood Subdivision is in an area which it proposes to annex and Jn its opinion the Subdivision should be furnished water by the Tomn of Vinton, and requesting that its water service area under its contract with the city for purchase of water be extended to include the said Lindeowood Subdivision, it being the intention of the Toun of Vinton to purchase the Lindeflwood Water Company system, the City Manager advising that in his opinion it will be to the best interest of the city ~ permit Vinton to sell water in this area after it has been annexed by the Town of Vintono with whatever restrictions the Council desires to place on the sale of the said water. seetion of Second Street, N. E., since the area presently occupied by the graves is needed for right of uny for the Interstate Spur 581, and that the cost of removin~ the said bodies ulll be refunded to the city by the state, the City Baaager advisin~ that should the Council concur, an appropriation of $S00.00 for advertising will be needed at this time. Mr. Wheeler moved to concur in the request and offered the folloming (~14451) A RESOLUTION directing the City Manager to cause the bodies of all deceased persons heretofore buried In the City*s free burial ground on City-owned real estate on the northwest corner of 2nd Street and Hart Avenue. N. and. also, in that unimproved portion of 2nd Street lying to the north Of said Hart Avenue to be carefully and reverently disinterred and immediately, thereafter, likewise, carefully and reverently reinlerred in the area hereinafter designated. !: (For full text of Resolution, see Resolution Book No. 25, page 7.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconde~ by MFo Young and adopted by the following vote: AYES: Hessrs. Corflell, Dillard, Pollard. ~ebber, Wheeler. Young. and the President. Mr. Anderson ....... 7. NAYS: None .............O. Mr. Rheeler then offered the followin9 emergency Ordinance appropriatin9 the necessary f.nds: (=1445~) AN ORDINANCE to amend and reordain Section ~140, 'Street Construction,' of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 9.) Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Hessrs. Cornell, Dillard, Pollard, Webber, ~heeler, Youn9, and the President. Mr. Anderson ....... ?. NAYS: None ............. O. CHAMBER OF COMMERCE-TRAFFIC: The City Manager reported that he has studied the request of the Roanoke Chamber of Commerce that action be taken to alleviate the traffic situations at the intersection of Orange Avenue and ~illiamsom Road. N. E.. and on Twenty-fourth Street, N. M.. betmeen the Shaffers Crossing Underpass and Shenandoah Avenue; that In his opinion both these matters are long= range problems and mhile temporary relief can be afforded at this tine. he believes an attempt to reach a solution to the problems should await receipt by the city of the report on the traffic survey presently being conducted. Mr. ~heeler moved to concur in the report of the City Manager. The maria was seconded by Mr. Dillard and adopted. APPOINTMENTS: The City Manager reported the appointment of Dr. N. Allen Barker. Mr. William P. Swartz. Jr., and Dr. E. D. Gill as members of the Board of Health for two year terms each, beginning July 1, 1961. 3_79 380' Mr. Wheeler moved to file the report, The motion mas seconded by Mr. Young and adopted, BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager reported that the State Department of Melfare and Institutions has authorized an increase in the per diem rate for hospitalization of indigents from $19.50 per day to $24.65 per day, effective July 1, 1961, and that it will be necessary to amend the budget Ordinance to provide for payment of the new rate, the City Manager advising that no addltiona appropriation Is needed at this time, hut that in his opinion it mill be necessary to ash for additional funds prior to the end of the present fiscal year. After considerable discussion of the matter, Mr. Dillard moved to lay it over until the next regular meeting of the Council, The motion was seconded by Mr. Young and adopted. GARBAGE DISPOSAL-PURCHASING DEPARTMENT: The City Manager advised that he has received a bid from Claude Eggleston offering to pay the city 30~ of the gross proceeds from the sale of materials for the privilege of salvaging materials, junk, etc., from the Nashington Park and other dumps ia the city, the City Manager recommending that the Council authorize a contract to Mr. Eggleston for one year on an experimental basis. Mr. Webber moved to direct the City Attorney to prepare a Resolution carrying out the City Ranager*s recommendation. The notion was seconded by Dr. Cornell and adopted. FIREARMS: The City Manageradvised that the target range used by the Police Department. located on Norfolk and Western property west of Shaffers Crossin in the city, must be moved to a new location on the same property, but that operati of the range in the city is contrary to the city's laws and recommended that the Council amend the City Code to permit the City Manager to authorize use Of such ranges within the corporate limits, the City Manager requesting an appropriation of $190.00 to make provisions for targets in the new area. Mr. Webber offered the following emergency Ordinance: (a14453) AN ORDINANCE to amend and reordain Section 5 of Chapter d of Title XXII! of The Code of the City of Roanoke, 1955; and providing for an emergency. WHEREAS. for the usual daily operation of the Police Department Of the City of Roanoke. an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 5. *Discharging firearms* Of Chapter 4. 'Offenses Against the Peace* of Title XXIII. 'Misdemeanors and Offenses' 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: Sec. 5. Discharging firearms. It shall he unlawful for any person to shoot any gun, pistol or other firearm, within the limits of the City, except In case of urgent necessity; excepting members of the City police force, the established Armed Forces and bona fide gun olubs shooting OR renges spproved by the City Manager end established in the CitF for their uses and per- sons shooting in licensed shooting galleries. Any person convicted hereunder shall be fined not less then five sot more than one hundred dollars for HE IT FURTHER ORDAINED that, aa emergency existing, this ordinance shall be in full force and effect from its passage. Dr. Corneli moved to amend the Ordinance to provide that ranges be approved by the City Council as mell as the City Manager. The motion mas seconded by Hr. Dillard and adopted. Mr. Webber voting no. Mr. Webber pointed out that requirement for approval by both the City Manager and the City Council is superfluous. Dr. Cornell moved to amend the proposed amended Ordinance by striking therefrom the requirement for approval by the City Manager. The notion was seconded by Mr. Dillard and adopted, Mr. Webber voting no. Mr. Webber moved the adoption Of the following emergency Ordinance as amended: (=14453) AN ORDINANCE to amend and reordaln Section S of Chapter 4 of Title XXlII of The Code of the City of Roanoke. 1956; and providing for an (For full text of Ordinance. see Ordinance Uook No. 25, page 9.) Mr. Webber moved the adoption of the Ordinance. The motion was secflnaea by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Coffin}l, Dillard, Pollard, Webber, Wheelers Young, and the President, Mr. Anderson ............... NAYS: None .....................O. Mr. Young pointed out that there is no necessity for an appropriation at this time since the matter Mill again have to be presented to the Council for its approval of the proposed range and that the appropriation can be made at that time. UOUSING~SLUM CLEARANCH: The City Manager reported that it is necessary to furnish the Housing and Home Finance Agency of the United States Government a Review of Progress under the Program for Community Improvement in order to be eligible for funds under the program for elimination and prevention of slums and blight, and that he has prepared such a review to be presented, the City Manager requesting that the Council, by Resolution, approve the said review and authorize the City Manager to submit it to the United States Government. Mr. Dillard offered the following Resolution: (u14454) A RESOLUTION approving a Review of Progress under the Program for Community Improvement for the year 1961 submitted the Federal government over the sigflatare of the City Manager. {For full text of Resolution, see Resolution Hook No. 25, page 10.) Mr. Dillard moved the adoption of the Resolntloe, The motion wis seconded by Mr. Young and ndopted by the following vote: AYES: Messrs. Coroell. Dillard, Pollard, robber, Mheelor, Yecog. cad the President. Ur, Anderson ............... 7. NAYS: None .....................O. BI~6ET-SEWAGE TREATMENT PLANT: The City Manager reported that Rea Construction Company has filed n claim with the city in the amount of Sb,Dg2.16 for delays in its work under the contract with the city for additions and improve* ments to the Sewage Treatment Plant, and that after negotiation with the firm. it bas agreed to accept $2,250.00 in settlement of its claim, which amount has been approved both by the cfty*s officials and the city's consulting engineers, Alvord, Rurdick and Howson, the City Manager recommending that the Council authorize payment of the claim in the amount of $2.250.00. Mr. Dillard moved to direct the City Attorney to prepare a Resolution authorizing payment of tho claim in the amount Of $2,250.00. The motion was second- ed by Mr. Wheeler and adopted. RUDGEY-CLAIMS: The City Manager ~equested an appropriation of $975.20 to pay for the services of Smithey and Roynton. in the amount Of $220.00, and Dr. Dyren N. Cooper. in the amount of $755.20, in connection mith the recent suit against the city for damages to the Jenniogs property on Rroad Street. Mr. Young moved to concur in tho request and offered the following emergency Ordinance: (~14455) AN ORDINANCE to amend and reordnin Section =150. #Jndgments and Losses," of the 1961 Appropriation Ordinance, and proridiflg for an emergency. (For full text of Ordinance. see Ordinance Dank No. 25. page 10.) Mr. Young moved the adoption Of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the followicg vote~ AYES: Messrs. Cornell, Dillard. Pollard. Webber, Mheeler. Young, and the President, Mr. Anderson ............... NAYS: None .....................O. BUDGET-COMMISSIONER OF REVENUE: The City Manager submitted a request of the Commissioner o£ Revenue for an appropriation ag $100.00 gar advertising. The City Clerk advised that the requested appropriation has been approved by the State Compensation Board. Mr. Pollard moved to concur in the request and offered the following emergency Ordinance: (:14456) AN OROINANCE to amend and reordain Section ~S, "Commissioner of Revenue.* of th~ lgbl Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 25. page 11.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler, Young, and the President, Mr. Anderson ............... NAYS: None .....................O. BUDGET-JUVENILE DETENTION HOME: The City Manager reported that ia connection with the constraction of the mew Juvenile Detention Home. he used city forces for the purpose of securing beds to the floors, building shelves la five store rooms, painting birchen ceilings nnd moving the fence and playground equip- meat from the old ho~e to the new home nt a cost of $1,143,08. and that sufficient funds are available for payment of the labor involved amounting to $937.62, the City Manager requesting that the Council appropriate $205.46 to cover the cost of the materials necessary in the work. Hr. Wheeler moved to concur in the request and offered the following emergency Ordinance: (a14457) AN ORDINANCE to amend and reordain Section ~142, "Transfer to Improvement Fund,# of the 1961 Appropriation Ordinance, and providing for an emergency. (FOr full text of Ordinance, see Ordinance Hook No. 25. page 11o) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded! by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler, Young, and the President, Mr. Anderaon ............... 7. NAYS: None ..................... FIRE DEPARTMENT: The City Manager submitted a request of Oran Roanoke Corporation for ~lief from liquidated damages in the amount of $10.00 per day for four days, being the time in excess of that allowed under a purchase agreement for delivery of a fire truck to the city, the City Manager recommending that the Counci concur in the request. Hr. Webber moved to direct the City Attorney to prepare a Resolution relieving Oran Roanoke Corporation from liquidated damages for four days, a total of $40.00. The motion was seconded by Mr. Wheeler and adopted. AIRPORT: The City Manager presented a grant agreement dated June 14. 1961, presented by the Federal Aviation Agency covering Project No. 9-44-O12-6111 at the Municipal Airport and recommended that the Council adopt a Resolution ratifying and adopting the Project Application and authorizing and directing the proper City Officials to execute the said grant agreement. Mr. Mheeler ogfered the £oliowlfl~ Resolution: (~14456) A RESOLUTION ratifying and adopting the Cityes Project Applica- tion of April 4, 1961; accepting the Grant Offer issued thereon; authorizing the City Manager to execute said Grant Agreement as evidence of the City*s acceptance thereof; authorizingthe City Clerk to attest such execution and to affix the City*$ seal thereto; and authorizing the City Attorney to execute the requisite certificates. (For full text of Resolution. see Resolution Book* No. 25, page 12.) Mr. Wheeler moved the adoption of the ReSolution. The motion was seconded by Mr. Young and adopted by the followin0 vote: 383 384 AYES: Messrs. Cornell, Olllurd~ Pollard. Webber, Wheeler. Young, and the President. Mr. Anderson ............... 7. NAYS: None .....................O. AIRPORT: The City Manager submitted a tabulation of bids receJred for gasoline for resale at the Municipal Airport and recommended that the Council accept the law bid of Shell 011 Company. After considerable discussion or the matter, during which NFo Pollard stated that certain negotiations were carried on with the bidders after the bids were opened mhfch he is not sure were proper, Mr. Webber moved to refer the bids to a committee composed of Messrs. Roy R. Pollard, St** Chairman, Benton O. Dilla~ Charles M. Cornell and Randolph G. Whittle for study and recommendation, the commlttee*s report to be submitted to the Council at its meeting of July S, 1961. The motion was seconded by Mr. Wheeler and adopted. DEPARTMENT OF PUBLIC WELFARE-SCHOOLS-SALE OF PROPERTY: As directed by the Council at its meeting of March 27, 19&l, the City Attorney submitted an opinion, advising that under the provisions of Section 125 of the Constitution of VJrginio the number of votes required in Council to adopt an Ordinance authorizing the sale, lease or donation of public property for other than municipal purposes is six; however, that iff his opinion the mere ownership of real estate by a municipality does not necessarily coostitute such a real.estate sale as contemplate under the Constitution, for example, the sale of lots purchased by the city under tax sales and the land acquired for the purpose of encouraging commerce, manufactur- ing, etc. Wheeler and adopted. STREETS AND ALLEYS: The City Attorney reported that, pursuant to the action of the Council at its meeting of May 29, 1961, he has under date of June 9, 1961, recorded in the Clerk's Office of the Hustings Court as instrument No. 2258 a duly executed copy of a plan of David Dick and Barry A. Wall, Civil Engineers and Surveyors, dated May 19, 1961. effectively establishing the building setback line on the property of Self Service Stations, Incorper;ted, located on the southerly side of Rrandon Avenue, S. Wu, between Colonial Avenue and an alley lying to the easterly side of Sanford Avenue. Mr. Dillard moved to file the report. The motion was seconded by Dr. Cornell and adopted. REPORTS OF COMMITTEES: ADVERYISING: The Council at its meeting of March 27. lgSl, having Webber and Roy R. Pollard for study and recommendation the question of placing a portion of the city*s advertising in Yhe Roanoke Star, the committee submitted its report, advising that The Roanoke Star has a current circulation of 7.000 with · charge of $1.50 per column inch for legal advertising, while the circulation of The Ronnohe World-News is 35,6?3 with a charge of $2.00 per column inch for legal advertising, resulting in a cost of 21.4 cents per thousand persons per column inch in the Star and 5.57 cents per thousand persons per column inch is the World-Nems; that the committee wants to encourage new business and industry and feds that a portion of'the clty*s legal advertising should he placed in The Roanoke Star. and that by careful selection material can be Inserted in the said Star which has to appear only once and where a broad coverage may not be required, the committee recommending that approximately one-tenth of all the city's legal advertising, other than that originating in offices of the constitutional officers, be placed in The Roanoke Star and the remaining nine-tenths in The Roanoke Times and The Roanoke Norld-News, and that if the Council concurs In the committee*s report the City Manager be instructed by Resolution to carry out its intentions. Mr. Wheeler moved to concur in the commlttee*s report. The motion was seconded by Dr. Cornell and adopted. Mr. Rheeler then offered the following Resolution: (~144Sg) A RESOLUTION directing the apportionment of the Clty*s legal advertising between The Roanoke Times or The Roanoke Morld-News and The Roanoke Star. (For full text of Resolution. see Resolution Book No. 25, page IS.) Mr. Wheeler moved the adoption of the Resolution. The notion was secondedi by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollardo Mehber. Rheeler. Young. and the President, Mr. Anderson ............... T. NAYS: None .....................O, UNFINISHED BUSINESS: SIGNS: The Council at its meeting of Hay 15. 1961. havin9 referred to the City Planning Commission for study and recommendation a request of Mlda~ Muffler Shops that it be permitted to place a sign in the clty*s street right of way on Williamson Road at its intersection with Carver Avenue for its busin'ess located at 425 Carver Avenue. N. E.. the City Planning Commission submitted its report, advis- ing that in its opinion erection of 'signs in the street rights of way is undesirable and recommending that the request be denied. The City Nanager previously advised that he can see no objection to granting the permission requested. Mr. Nebber moved to direct the City Attorney to prepare a Resolution 9ranttng a permit to Midas Nuffler Shops to erect the sign as requested. The motion was seconded by Mr. Wheeler and adopted. ZONING-HOUSING-SLUM CLEARANCE: The Council at its meeting of'May 29, ~ lq61. having referred to the City Planning Commission for study and recommendation 1! a request of the City of Roanohe Redevelopment and Housin9 Authority that Its revise, Amendment No. 2 to the Commonwealth Redevelopment Project be approved, the City 38'5 386 Flnnolog Commission submitted its report, advising that in its opinion the Plan Ameodmeot provides for the best and highest use of the area for land use and conforms to the loaf~range plan being developed by it, and recomeending that the Council approve the plan as submitted. In compliance with a request of the City Council at its meeting of Ray 29, 1961, the City Attorne! advised that he has examined a proposed Resolution sobmitted to the Council by Hr. Joch R. Coulter, Attorney for certain persons in the Commonmealth Redevelopment Project; that the Resolution as submitted by Coulter is premised on the belief that his clients have valid contracts with the Roaoohe Redevelopment and Rousing Authority for purchase of. land; that this matter is pending in the Law and Chancery Court which is the proper form for its lJtigatio and that the Resolution is fncompatible with the request of the Housing Authority presently pending before the Council. Rr. Jack fl. Coulter appeared before the Council and stated that the question of furnishing deeds to his clients is one that he believes should be decided by the Council before approving the amended plan; that tMo Of his clients have offered to purchase lots in the area not included in the residential area laid out in the amended plan pursuant to the Council*s request; that these two clients are not presently in court; that the sole purpose of the proposed Resolution he has submitted is to assure all the people concerned with repurchase Of tracts in the Project area that they will receive deeds therefor. Mr. Tom Stockton Fox, Attorney for the Rousing Authority. advised the Council that It is impossible for the Authority to promise to give deeds; that the Authority contends no valid contracts exist for the purchase of property in the area; that it is restricted by law from granting deeds to the persons concerned by reason of a requirement that sale Of land be approved by the Federal Housing Agency, and that it is the intent of the Authority to work out the problems of Mr. Coulter*s clients as equitable as possible. Mr. Webber offered the follomlng Resolution: (m14460) A RESOLUTION approving Redevelopment Plan - Amendment No. Commonwealth Project, Roanoke, Firginiuo dated Ray 25. i961, as requested by the City of Roanoke Redevelopment and Housing Authority; finding that said Amended Redevelopment Plan conforms to the General Plan of the City; recognizing that further Federal financial assistance will be necessary to complete the Project; recognizing that certain further official action, in the premises, ~ill be required of this body; and recognizing that it will be necessary for said barbarity to file a proper application for further financial assistance for said Project with the Federal Housing and Home Finance Agency. (For full text of Resolution, see Resolution Book No. 25, page 15.) Mr. Rabbet moved the adoption of the Resolution. The motion Mas seconde by Mr. Wheeler and adopted by the followin9 vote: AYES: Messrs, Pollard, Webber, Wheeler, Young, amd the President, Mr. Anderson ..................................... NAYS: Messrs. C,mall and Dillard ..... CONSIDERATION OF CLAIMS: NONE. INYROODCTION AN~ CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CIYY CHARTER: The Council at its meeting of June S, 1961. having dlrecte( the preparation of a Resolution providing for appointment of a Charter Study Com- mittee. Mr. Dillard offered the following Resolution: (z14461) A RESOLUTION providing for the creation and appointment of a Charter Study Commission; defining its purposes; and authorizing It to hold public hearings and to employ necessary stenographic assistance. (For full text of Resolution, see Resolution Hook No. 2S. page Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, and the President. Mr. ~k~lerson--4. NAYS: Messrs. Webber, Wheeler and Young .................................. AIRPORT: The Council at Its meeting of June 5, 1961, having directed the preparation of a Resolution extending the contract between the City of Roanoke and Piedmont Aviation, Incorporated, and pr,radio9 for appropriation of funds needed for the contract extension, Mr. Webber offered the following Resolution: (~ld462) A RESOLUTION amending the contract Of May 16, 1960. between the City of Roannke and Piedmont Aviation. Incorporated, (For full text of Resolution, see Resolution Book No. 25, page Iff.) Mr. Webber moved the adoptinn of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Uornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............... NAYS: None .....................O. Mr. Wheeler offered the following emergency Ordinance appropriating the necessary funds: (~14463) AN ORDINANCE appropriating $6,008.36 from the Water Replacement Reserve Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 25. page 20.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Dr. C,mall and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. Webber. Wheeler. Young. and the President, Mr. Anderson ............... 7. NAYS: None .....................O. MOTIONS ANH MISCELLANEOUS BUSINESS: ELECTION OF OFFICERS: The City Clerk reported that the terms of the following board members will expire on June 30. lq61: Mrs. Elizabeth M. Orewry, Messrs. C. U. Hurt and Frank W. Rogers. Roanoke Public Library Board. terms of three years each; Ressrso David Ho Burrows, Richard T. Edmards and Clarence #. Hawkiis. 387 38'8 Roanoke City School Board, terms er three.years each; iud Arthur N. Matthews, Board of Trustees of the Employees' Retirement System, term of four years, and,. also. that a vacancy exists on the City Planning Commission for a* unexpired term ending Deceeber 31, 1962, The matter was laid over until the next regular' meeting of the Council on July 5, 1961. There being no further business, the Council adjourned. APPROVED President COUNCIL, SPECIAL MEETING, Wednesday, June 21, lgBl. The Council of tbe City of Roanoke met in special meeting in the Council / Chamber in the Municipal Building. Wednesday. June 21, 1961, at IR:O0 oSclock, noon,i for the purpose of receiving and opening bids and awarding the sale of $2 600.000.00': * Public School Bonds, Series #KK,N of the City of Roanoke, Virginia. dated Augutt 1, 1961. with the President, Mr. Anderson, presiding. PRESENT: Messrs. Cornell. Dillard. Pollard, Webber, Mheelev, and the President, Mr. Anderson ....................... ABSENT: Mr. Young ..................1, OFFICERS PRESENT: Mr. Arthur $. Owens, City Manager. Mr. Randolph G. Rhittle, City Attorney. Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas. City Clerk. BONDS-SCHOOLS: Pursuant to the provisions of Resolution No. 14404, adopted by the Council on tbe nth day of Ray. 1961. and the following advertisement: "June 1, 1961 Sealed proposals will be received by the Council of the City of Roanoke. Virginia, at the office of the City Clerk, Room 214, #unicipal Building, Roanohe, Virginia, until twelve o'clock, Noon. Eastern Standard Time, Wednesday, June 21, 1961 (at which time they will be opened in the Council Chamber, Municipal Building, Roanoke, Virginia, Jn the presence of such bidders as desire to be present), for the purchase of ALL, but NOT any part, of the following bonds: $2,600,000.00 PUBLIC SCHOOL BONDS. SERIES *KK," of the denomination of $1,000.00 each, dated August 1, 1961, payable serially in numerical order $130.000.00 bonds On the 1st day of August in each of the years 1962 to 1991, inclusive, without option of prior redemption. The bonds will bear interest payable semiannually on February I and August 1. 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 pay- able in lawful money of the United States of America at the office of the Treasurer of the City of Roanoke, Virginia, or at the Manu- facturers Trust Company, New York City, New York, at the option of the holder. The bonds will be sold to the lowest responsible bidder on the basis of the lowest 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 hid the interest cost to the City will be computed by determining the interest to maturity at the rate or rates specified by the bidders and deducting therefrom any premium offered. Yhe bonds are not registrable as to principal or interest. The bonds are to be issued in coupon form, and their legality approved by Messrs. Mood, King, Dawson and Logan, New York City, whose legal opinion will 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 suc- cessful bidder for his files. The opinion of Messrs. Wood, King, Dawson and Logan. approving the validity of these bonds, will recite that "the bonds constitute valid and legally binding obligations of the City of Roanoke. and that saw City has power and is obligated to levy ad valorem taxes for the payment Of said bonds and the interest thereon upon all 389 390 property mi*hie said City, subject to taxation by said City, without limitation of rate or amount.# A copy of such opinion mill be printed on the back of the bonds. Bonds will be printed by and at the expense of the City. Delivery of the bonds, properly executed, will be made to the suc- cessful bidder at the Manufacturers Trust Company. Rem York City. New York, on August 1, 1961, or as soon thereafter as the bonds may be prepared. Rids (on the form therefor obtainable from the City Clerk} must be submitted in sealed envelopes msrked "Proposal for Bonds.# addressed to J. Robert Thomas, City Clerk. Room 214, Municipal Building, Roanoke. ¥irgfnia, and must be accompanied by a certified or cushier°s check payable to the City of Roanoke, Virginia, for $52.000.00, 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 all bids. Requests for proposal forms and information should be addressed to the City Clerk. 214 Municipal Building. Roanoke. Yfrglnfa.~ the City Clerk reported the receipt of thirteen bids for the bonds as advertised. The President. Mr. Anderson. asked if any bidder present did not fully understand 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 rela- tive 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 mith the opening of the bids. It appearing that the bid of Harris Trust and Savings Bank and Associates in tho amount of $2.611.gbO.O0. exceeds the premium allomable under the official advertisement and offering of the bonds by $10.95R.00. and the bid Of the Chase Manhattan Bank and Associates, in the amount of $2,601,619.74 is $819,74 in excess of the said allowable premium. Mr. Mebber moved to reject the bids of Harris Trust and Savings Rank and Associates and the Chase Manhattan Dank and Associates. !The motion was seconded by Mr. Wheeler and adopted, Mr. Dillard voting no. After the opening and readin9 of the bids, on motion of Mr. Mebber, "seconded by Mr. Wheeler and adopted, the remaining bids were referred to Mr. Harry i!R. Yates. City Auditor. for tabulation and report to Council as promptly as possible Mr. Webber then moved to recess the meeting until 2:00 otclock, p. m. The motion was seconded by Mr. Wheeler and adopted. At 2:00 otclock, the Council reassembled, with the President in the Chair. PRESENT: Messrs. Dillard. Pollard. Webber. Wheeler. and the President. Mr. Anderson ................................. ABSENT: Messrs. C,mall and Young-2. The City Auditor submitted a tabulation of the bids. showing the bid of Smith, Barney and Company and Associates, with an aggregate bid of $2,600,634.40, and coupon rates of 3% interese per annum on $1.560.000.00 of bonds due in the years 1962 to 1973, inclusive, and 3 3/8% interest per annum on $1,040,000.00 of bonds due in the years 1974 to 1981. inclusive, with an effective rate of 3.2101761 as the lowest bid; whereupon, Rr. Webber offered the following Resolution providing for the sale of $2,600.000.00 Public School Bonds. Series 'KK," of the CitI of Roanoke, Virginia, dated August 1, 1961, to Smith, Barney and Company and Associates: (z14464) A RESOLUTION to sell to Smith, Barney and Company and Associates, $2,600.000 of the $O.O00,OBO of Public School Rands, Series #KKw. of the City of ROanoke, Virginia, at the bid subuitted; rejecting all other bids; directing that the c*shier'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. 25. page 20.) Hr. Nebber moved the adoption of the Resolution. The uotion was seconded by Mr. Pollard end adopted by the following vote: AYES: Messrs. Billard. Pollard, Nebber, Mheeler. and the President. Mr. Anderson ......................... 5. NAYS: None ............ O, (Ressrs. Cornell and Youn9 abseut) There being no further business, Council adjourned, APPROVED President 391: 392. COUNCIL, REGULAR MEETING, Wednesday. July S, 1961, The Council of the City of Roan,re met in regular meeting in the Council Chamber la ~he Municipal Building, Wednesday. July 5, 1961. at 2:00 ,°clock. p. m.. t~e regular meeting hour, with the President, Mr. Anderson, presiding. PRESENT~ Messrs. Coroell. Dillard, Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson .................. AOSENT: None ...........~ .......... O. OFFICERS PRESENT: Mr. Harry R. Yates, Actin9 City Manager and CJt~ Auditor, Mr. James N. Kincanon, Assistant City Attorney, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Francis L. Hunt, Pastor, Fa~view Methodist Church. MINUTES: Copies of the minutes of the regular meeting*held on Monday. Ju 19, 1951, and the special meeting held on Wednesday, June 21, 1951, having been furnished each member of the Council. upon motion of Mr. Wheeler. seconded by Mr. Pollard and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON ~UBL1C NATTERS: NONE. PETITIONS AND COMMUNICATIONS: OFFICE HOURS-FIRE DEPARTMENT: The City Clerk presented a communication from a committee of members of the Roanoke Fire Department. requesting that the Council provide for twenty-four hours of compensatory time off for each member of the Fire Department mbo worked on July 3. 1961. in lieu of the holiday provided for in Resolution No. 14444, or who may have been absent from duty on that day by of sickness, vacation or the day off; also, that the Council arrange for the city to furnish each fire station with suitable cooking facilities, stoves, refrigerators etc., and pay for utility bills in connection therewith. Mr. W. M. Matt,x, representing the Fire Department employees, a~peared before the Counct! and*stated that the members of the Fire Department believe that they should be allowed a full day off in lieu of the July 3rd extra holiday authorized by the Council, rather than being given compensatory time off equal to the hours they worked on July 3, lqGl, because they are on a two-platoon system unde which their normal work day is twenty-four hours, that it is the understanding Of members of the Fire Department, as well as the Police Department, that they will be denied compensatory time off for the holiday if they were absent from duty on that day by reason of sickness, vacation or their regular day off. After some discussion of the matter, Mr. Pollard moved to advise the City Manager that it is the intent of the Conncil that under Resolution No. 14444 every employee of the city shall receive for the special holiday allowed under said Resolution on July 3, 1961, one full normal working day, mhether taken on that date or some other. The motion was seconded by Mr. Wheeler and adopted, Mr. Muttox then advised the Council that, with the exception of Fire Station No. IO. employees of the Fire Department hare purchased and installed stores, refrigerators, otenslls, etc., for cooking meals at the fire houses during their twenty-four hours tours of duty, and that they are maintaining the said equipment and paying for electricity and gas used in the cooking operations in all fire stations, Mr. Mattox stating that the utility bills for the ten fire companies amount to approximately $662.00 per year and that the cost of furnishing stoves, refrigerators, etc.. for each station is approximately $4OO.OO, Mr. Rattox request- ing that the Council provide for the city to assume these expenses, taking over for maintenance and replacement such equipment as has heretofore been purchased by members of the Fire Department, Mr. Mattox pointing out that the gas stove at Fire Station No. 4 has been declared unsafe by representatives of the Roanoke Gas Company. Mr. Pollard moved to refer this matter to the City Manager for study and recommendation. The motion was seconded by Mr. Dillard and adopted. AIRPORT: The City Clerk presented a communication from Mr. Clinton E. Slusber, advising that he and his wife operate an aircraft from the Roanoke Municipal Airport and pay to the city airport use fees of $244.00 and hangar rental of $360.00 annually; that In bis opinion the proposal to establish parking charges at the Municipal Airport, thereby eliminating free automobile parking. should not be adopted by the city; that the Eagles Nest Restaurant operated at the Airport serves unsavory food at high prices and creates a bad impression for those people coming into the city. Mr. Webber moved to direct the City Clerk to transmit a copy of the communication from Mr. Slusher to the Cleaves Food Service Corporation for its information in connection with the operation of the restuarant. The motion was seconded by Mr. Wheeler and adopted. Mr. Wheeler then moved to refer the question of parking at the Roanoke Municipal Airport to the Airport Committee for study and recommendation. The motior was seconded by Mr. Pollard and adopted. CLOSING HOURS: The City Clerk presented a communication from Mr. Leonard Goldstein. operator of Lendy*s Restaurants. advising that the city ordinances prohibiting the serving of food to persons in automobiles after 12:O0 o'clock. midnight, are detrimental to his type of business since the bulk of his daily sales volume is done on Friday and Saturday nights between 11:00 o'clock, p. m., and 1:00 o'clock, a. m., and requesting that the Council consider repealing that provision Of the City Code. Dr. Cornell moved to lay the matter over until the regular meeting of July lT. lq61, in order that Mr. Goldstetn might be present and heard. The motion mas seconded by Mr. Dillard and adopted, STREETS AND ALLEYS: The City Clerk presented a petition bearing fifty- one signatures Of residents Of the general area. requesting that the Council provide for the opening of Kirkland Drive, N. W.. from Aspen Street north to Hershberger Road. 393. 394 Mr. Rheeler mated to refer t~e request to the City Manager for study and recommendation. The motion was seconded by Mr. Young and adopted. SERERS AND STORM DRAINS: The City Clerk presented · Resolution of the Council of the Town of Salem, requesting that the contract of October 16, 1953, between the City of Roanoke nad the Tomn of Salem. dealing with the treatment or domestic and commercial wastes, be amended by adding thereto on fl.26-acre tract lying in the County of Roanoke between State Route 643 and State Route 645, north of the proposed right of may of U. S. Interstate Route 81, lying west of Salem. Mr. #heeler moved to refer the request to a committee composed of Messrs. Roy L. Mebber, Chairman, Walter L. Young, Arthur S. Owens and Randolph 6. Whittle for study and recommendation. The motion was seconded by Mr. Young and adopted, Nr. Dillard voting no. HOUSXNG-NASTER PLAN: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority. advising that the city may obt from the Federal Community Facilities Administration an advance of funds to be used in planning for certain capital improvements nnd that these funds need not be repaid to the federal government unless and until construction is begun on the capital improvement planned for. Mr. Mebber moved to table the matter for consideration at such time as th~ Council is considering planning for capital improvements. The motion was seconded by Mr. Wheeler and adopted. EASEMENTS-APpALACHIAN POWER COMPANY-SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board. transmitting a request of the Appalachian Power Company for a right of way for the purpose of installing electrical service to the Round Hill Elementary School. Mr. Wheeler moved to direct the City Attorney to prepare an Ordinance granting the requested right of way. The motion mas seconded by Mr. Young and adopted. REPORTS OF OFFICERS: SEWERS AND STORM DRAINS-SIDEWALK, CURB AND 6UTTER-STREETS AND ALLEYS: The City Manager requested authority to advertise for bids for the construction of concrete sidewalk, curb and gutter and widening the pavement on the south side of Brandon Avenue, S. W.. in front of the Towers Shopping Center. and for the extension Of a box culvert bridge over Murrays Run to the north side of Brandon Avenue and to the south side of Brandon Avenue. thence into the property of the Towers Shopping Center, the City Manager advising that the Towers Shopping Center, Incorporated, has offered to pay $14.652.62 toward the cost of sald improvements estimated to cost a total of $53.549.68. Mr. Richard R. Quick and Mr. Theodore Gardner, representing Towers Shoppin Center, Incorporated, appeared before the Council and advised that the construction Of concrete curb and gutter, and a portion of the sidewalk, has been agreed to by the city in exchange for property donated to the city for street widening purposes and that widening of the ttreet mill be neceasary~ that extension of the sidemalk along the westerly portion of the south side of flrandon Avenue will be necessary to provide pedestrian safety for people who mill be maiking along that area after the shopping center is opened; and that extension of the bridge culvert mill be necessary to contain water and prevent flooding during storm periods. Mr, Mebber moved to direct the City Attorney to prepare n Resolution authorizing the City Manager to advertise for bids and incorporate in said ResolutiOn the conditions recommended by the City Manager. The motion was seconded by Mr. Pollard and adopted. BUD6EY-POLICE DEPARTMENT: The City Manager requested an appropriation $1o527.80 to provide for the replacement of a police motorcycle which mas destroyed] bl fire. advising that the insurance company carrying coverage on the city's fleet will pay the city $900.00 for the damage sustained by the vehicle. #r. Wheeler moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (=14465) AN ORDINANCE to amend and reord~in Section =144, "Departmental Equipment and Improvements," of the 1961 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Rook No. 25, page 24.) Mr, Rheeler moved the adoption of the Ordinance. The motion mas seconded by Or. Cornell and adopted by the folloming vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Rheeler. Young, and the President. Mr. Anderson ................... 7. NAYS: None ..................... O. FIRE DEPARTMENT: The City Manager advised that Captain William H. McFarland of the Fire Department, injured in line of duty on April 21, 1961, will be unable to return to duty within the sixty days during mhich his salary can be paid under existing city ordinances, and recommended that. the Conncil, by Resolutiofi extend the time during which Captain McFarland may draw his full salary for an additional sixty days. Mr. Pollard moved to concurin the recommendation of the City Manager and offered the follomtng Resolution: (~14466) A RESOLUTION authorizing and directing that Captain William H. RcFarland, a member of the Fire Department, who 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 of sixty days beginning June 21. 1961. (For full text of Resolution, see Resolution Rook No. 25, page 24.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Dr, Cornell and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, Webber, Wheeler. Young, and the President, Mr. Anderson ................... 7. NAYS: None .....................O. 395 396 8DDGET-STATE HIGHMAYS: The City Manager requested an appropriation of $4.600.00 to provide far payment of appraisal fees and fees for estimators construction cost in connection uith the widening of Salem Avenue, S. r., betmeen First Street and Second Street, advising that the total amount will be included in the project and that the city will bear tuenty-five per cent of the Cost thereo: Mr. Mheeler moved to concur Jo the request of the City Manager and offered the following emergency Ordinance: (nl4467) AN ORDINANC£ to amend and reordain Section ~142. *Transfer to Improvement Fund.' of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 2~, page 25.) Mr. Wheeler moved the adoption of the Ordinance. The motion*was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. Webber, Mheeler. Young, and the President. Mr. Anderson ................... NAYS: None .....................O. AIRPORT: The City Manager presented a tabulation of the bids received for an access road and parking area to serve the Piedmont Hangar at the Roanoke Municipal Airport. showing the hid of John A. Ball and Company. Incorporated, in the amount ~f $19.309.40. as low. and recommended acceptance of the low bid. the City Manager advising'that this work is required under the contract between the city and Piedmont Aviation. Incorporated. and that the total cost thereof must be borne by tbeclty2 offered the following emergency Ordinance: (~14460) AN ORDINANCE accepting the proposal of John A. Hall & Company. Airport Building No. 4; authorizing the proper City Off~clals to execute the requisi contract; rejecting all other bids; and providing for an emergency. (For full text 'of Ordinance. see Ordinance Book No. 25, page by Rr. Pollard and adopted by the following vote: AYES: Hessrs. Cornell. Dillard. Pollard, Webber. Mheeler, Young. and the NAYS: ,None ....................O. Mr. Nheeler then offered the following emergency Ordinance appropriatin9 (=1446g)' AH ORDINANCE to amend and reordain Section =144. 'Departmental Equipment and Improvements.# of the 1961 Appropriation Ordinance, and providiug (For full text of Ordinance. see Ordinance Book No. 25. page 27.) Mr. Wheeler moved the adoption of the Ordinance. The motion nas seconded by Mr. Young and adopted by the Follemlng vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, Mheeler, Young. and the President, Hr. Anderson ................... 7. NAYS: None~ ....................O. BUDGET-AIRPORT: The City Manager requested an appropriation of $590.00 to provide for the payment of additional costs in connection with changes to the two overhead doors and main hangar doors in the Piedmont Hanger at the Roanoke Municipal Airport under Change Order NO. 2 to the contract OF J. F. DaFbour and Sons, the City Manager advising that the changes were requested and approved by Pledmont Arlatiou, Incorporated. Hr. Wheeler moved t~ concur In the request of the City Hanager and offere, the following emergency Ordinance appropriating the necessary funds: (z14470) AN ORDINANCE appropriating $590.00 from the Mater Replacement Reserve Account, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 2S. page 27.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the ~llowing vote: AYES: Messrs. Cornell, Dillard. Pollard, Rebber, Mheeler, Young, and the President, Mr. Anderson .................... NAYS: None ......................O. Mr. Webber then moved to direct the City Attorney to prepare a Resolution providing that the cost Of $5g0.00 be included in the contract between the City (For full text of Ordinance, see Ordinance flank ~o. 25, page 397 -398 JOB CLASSIFICATION-FIRE DEPARTMENT: The City Manager requested that the Council authorize rate reviews for Uessrs, Leonard Black and Lester Kelley. members of the Fire Department, who mere first premoted to fill vacancies created by one member of the Fire Department b~ing on leave of absence due to illness and who mere later demoted because of the return of the other said member, the City Manager pointing out that beca.ae of this personnel action the anniversary dates Of Firemen Black and Kelley have been distorted and, consequently, he is requesting authority for such rate reviews under the provisions of the cityts pay plan. Mr. Dillard moved to concur in the request of the City Manager and offere* the following Resolution: (a14472) A RESOLOTION approvln9 certain unspecified rate reviews recommended by the City Manager under the Cityts Job Classification and Pay Schedule Plan. (For full text of Resolution, see Resolution Book No. 25, page 28.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Dr. Gornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Kebber, Wheeler, Young, and the President. Mr. Anderson ................... NAYS: None .....................O. STREET LIGHTS: The City Manager recommended the installation of street lights in the 1400 block of Craig-Robertson Road, S. E., at the intersection of ;i~[Rutgers Street and Vancouver Drive. N. W., and at the intersection of Rutgers Street and Cornell Drive, N. Wa, respectively. Hr. Dillard moved to concur in the recommendation of the City Manager and offered the following Resolution: (=14473) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light in the 1400 block, of Craig-Robertson Road, S. at the corner of Rutgers Street and Vancouver Drive, N. W.; and at the corner of Rutgers Street and Cornell Drive, N. W., respectively. (For full text of Resolution. see Resolution Rook No. 25. page Rr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler. Young, and the President. Mr. Anderson ................... NAYS: None .....................O. AIRPORT: The City Manager reported that pursuant to a directive of Council at its meeting of January 2H, 1961, he has received bids for the operation Of parking facilities, on a concession basis, at the Roanoke Municipal Airport from the Allright Virginia Company and the Airport Parking Company of America and recommended that said bids be referred to the city"s Airport Committee for study and recommendation. Mr. Mheeler moved to concur in the recommendation of the City Manager, The motion mas seconded by Hr, Young and adopted. Messrs. Cornell and Dillard REPORTS: The City Manager presented a report of the Department of Publi* Welfare for the month of May, 1961. ned reported other departmental reports on file in his office, Mr. Wheeler moved to file the report. The motion was seconded by Dr, Cornell and adopted. REPORTS OF COMMITTEES: AIRPORT: Council at its meeting of Ju~e 19, 1961, having referred to a committee composed of Messrs. Roy R. Pollard. Sr., Chairman, Denton O. Dillard. Charles M. Cornell and Randolph G. Whittle for study and recommendation procedures used tn receivin~ and handling bids by the Purchasing Agent for aviation gasoline for resale at the Roanohe Municipal Airport as reported by the City Manager, the were proper and the bids in order and recommending the acceptance of the low bid Of the Shell Oil Company as recommended by the City Manager. offered the folloming emergency Ordinance: (314474) AN ORDINANCE accepting the proposal of Shell Oil Company for furnishing various grades of aviation gasoline to the Municipal Airport: all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 29.) Mr. Pollard moved the adoption of the Ordinance. The motion was secondedl by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. Webber, Wheeler. Young, and the~ NAYS: None .....................O. UNFINISHED BUSINESS: STREETS AND ALLEYS: Council at its meeting of June 19. 1961. having the R. B. and R. Corporation and Mrs. Eleanor G. Hodges that Crystal Spring Avenue. S. W** 360 feet south of said intersection, be vacated, discontinued and closed. the City Planning Commission submitted its report, advising that the owners of the abutting property have presented to the Planning Commission a subdivision plat for development of the property around the streets requested to be closed, which plat has beenapproved by the Commission and which mill provide for reopening of the 400 Hr. Hheeler moved to set n public hearing in the matter for 2tO0 ,°clock. p. m., July 31, lqGl. nad to direct the attorney for the petitioners to prepare the proper notice of said heaving, have it approved by the City Attorney and submit it to the City Clerk for publication. The motion mas seconded by Hr. Cornel] and adopted. ZONING: Council at its meeting of May 8, lqGl, having referred to the City Planning Commission for study and recommendation a request of Mr. A. W. Howell et al., that their properties designated as Lots 4-33, inclusive, Cavalier Park, Official Tax Nos. 2660110-266011g, inclusive, and 2660123, lying on the west side of Country Club Drive, H. M., north of Heir,se Avenue, be res,ned from General Residence District to Husiness District, the City Planning Commission submitted its report, advising that in its opinion since the property in question is contiguous to other business properties it Js suitable for that purpose and recommending that the request be granted, the Commission also recommending that a 10-foot setback line be established on both sides of Country Club Drive in order to provide for a fifty foot wide street. Mr. Nheeler moved to set a public hearing on the requested res,nlm9 for 2:00 ,*clock, p. m.. July 31, 1961, and to direct the attorney for the petitioners to prepare the 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 Dr. Cornell and adopted. ZONING: Council at its meeting of May 15, 1961, having referred to the City Planning Commission for study and recommendation a request of Mrs. Annie C. Jan and Mrs. Eleanor R. Merricks that their properties located on the northwest corner of Memorial Avenue and Cambridge Avenue, S. W., designated as ~ots 5 and 6, Hogan Building Company. Official Tax Nos. 1330117 and 1330118. be res.ned from Special Residence District to Business District. the City Plannin9 Commission submitted its report, advising that the properties as presently zoned permits residences, as well as professional offices and medical clinics, well suited for this location, and that it is the opinion of the Planning Commission that any type of retail business in this location would be incompatible with and detrimental to the adjacent residential district, the Commission recommending that the Council deny the request. The City Clerk advised that Mr. Holmafl Willis, Jr.. Attorney for the petitioners, has requested a public henrin9 in the matter. Hr. ~heeler moved to set a public hearing on the request for 2:00 o'clock p. m** July 31, 1961. and to direct 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 Dr. Cornell and adopted. BUDGET-DEPARTMENT OF PUBLIC MELFARE: Council at its weeting of Jane 19, 1961, having laid over until its next regalar meeting a report of the City Manager, advising that the State Board of Welfare and Institations has aathorized a maximam hospitalization rate ~r indigent persons of $24.65 per day. or actaal operating cost, whichever Is less. nnd that present contracts with the hospitals rot the treatment of local indigent patients would expire on June 30, 1961. the City Manager recommending that the badger be amended to authorize payment of the new maximum rate. the matter was again before the body. The City Clerk presented an addJtiaoal report of the City Manager, advising that the new rates are State approved and that artless the city wishes to take on all hospitalization costs it will have .to incorporate the higher rates in new contracts, that it is his anderstanding that although the contracts may be written for the full $24.65 rate the actaal operating cost of the hospitals must be filed with the State Department of Meifare and Institutions and the resultant rate approved, on which basis the payments will be made, the City Manager again recommending that the Council amend the budget to provide for the new rates. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#14475) AN ORDINANCE to amend and reordaia Section 3S0, *Hospitalization and Section #52. "Public Assistance," of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text ef Ordinance. see Ordinance Book No. 25, page 30.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Pollard. Webber, Wheeler, Young, and the President. Mr. Anderson ...................................... 5. NAYS: Messrs. Cornell and Dillard ...... CONSIDERATION OF CLAIMS: NONE. INTRODUCTION ANO CONSIDERATION OF ORDINANCES A~ RESOLUTIONS: ZONING: Ordinance No. 14448, rezoning property located on the north side of Drambleton Arenue, S. M., between Ashby Street and Red Bock Road. designated as Lot lB, and part of Lot 17, Block 5, Evergreen Development Company, from General Residence District to Business District. having previously been before the Council for its first reading, read and laid over, was again before the bo~y, Mr. Young offering the following for its second reading and final adoption: (=14448) AN ORDINANCE to amend and reenact Title XV, Chapter 4. Section 1, of The Code of the City of Roanoke. 1956. in relation t~ Zoning. (For full text of Ordinance. see Ordinonce Book No. 25. page 22.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Oillard. Pollard, Webber, Mheeler. Young. and the President. Mr. Anderson ................... NAYS: None .....................O. 401 402 ZONING: Ordinance No. 14449, resorting properties Iving on the north side of Virginia Avenue, N. W.. west of Comer S~reet, designated as Lots 2-6. inclusive, Block 3, West Park, from General Residence District to Business District, baying previously been before the Council for its first reading, read and laid over, nas again before the body, Mr. Pollard offering the folloming for its second reading and final adoption: (al4449) AN ORDINANCE to amend and reenact Title XV. 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. 25. page 23.) Mr. Pollard moved the adoption of the Ordinance, The motion was seconded by Dr. Cornell and adopted by the follovin9 vote: AYES: Messrs. Cornell. Dillard. Pollard. Mebber, Mheeler. Young. and the President. Mr. Anderson ................... 7. NAYS: None ....................~0. DEPARTMENT OF pUBLIC MELFARE: Council at its meeting of June 19. 1961. having directed the preparation of Resolutions rescindin9 Resolution No. 143Y3 and expressing its willingness to lease to a corporation to be formed by the Northeast Nursery School Board approximately 24.800 square feet of land designated us Official Yax Nos, 2031401-2031404, inclusive, Mr, Mebber offered the following Resolution: (=14476) A RESOLUTION repealin9 Resolution No. 143T3. (For full text of Resolution. see Resolution Book No. 25. page 31.) Mr. Mebber moved the adoption of the Resolution. The motion mas seconde~ by Rt. Mheeler and adopted by the folloming vote: AYES: Messrs. Cornell, Dillard. Pollard. Webber. Wheeler, Young, and the President. Mr. Anderson ................... ?. NAYS: None ...........~ ......... O. Mr. Webber then offered the following Resolution with regard to leasifl9 another site: (=!4477) A RESOLBTION expressing this Council's conditional willingness to lease certain real estate unto a corporation to be formed by the Northeast Nursery School Board. (For full text of Resolution, see Resolution Book No. 25, page 31.) ~r. Webber =oved the adoptio~ of the Resolution. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Pollard. Webber, Wheeler, Young, and the President, Mr. Anderson ...................................... NAYS: Messrs. Cornell and Dillard ......2. GARBAaE REMOVAL: Council at its meeting of June 19, 1961, having directe( the preparation of a Resolution authorizing a contract between the City of Roanoke and Mr. Claude Eggleston for salvaging and selling material from tbeCity Incinerator and various dumps, Mr. Youag offered the following Resolution: (e14470) A RESOLOTlONanthorlning the City Integer to contract for the salvaging end sale of material from the City Incinerator premises, the Washington Park landfill and other siuilar areas in the City, (For full text or Resolution, see Resolution Boob No. 25, page Mr. Young moved the adoption of the Resolution, The motion was seconded by Mr. Wheeler end adopted by the following vote: AYES: Messrs. Cornell. Pollard, Webber. Wheeler. Young, and the Presiden~i Mr. Anderson ............................. 6, NAYS: Mr. Dillard .............1. SIGNS: Council at its meeting of June IR, 1961. having directed the preparation of a Resolution granting n permit to the Midas Muffler Shops to erect a sign in the city street right Of way On Wllliamson Road, N. £., near its inter- section mith Carver Avenue, Mr. Rheeler offered the following Resolution: (~1447g) A RESOLUTION granting a permit to Midas Muffler Shops to install a sign on City property. (For full text of Resolution, see Resolution Book No. 25, page 33.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: MeSSFSo Cornell, Dillard, Pollard, Webber, Wheeler. Young. and the President, Mr. Anderson ................... 7. NAYS: None .....................O. FlOE DEPARTMENT: Council at its meeting of June lg, lg61, hating directed the preparation of a Resolution waiving the provisions for liquidated damages in the amount Of $10.00 per day for four days under the purchase agreement for a fire truck from the Oreo Roanoke Corporation. Mr. Young offered the following Resolution: (~!44B0) A RESOLUTION waiving the penalty for liquidated damages under the purchase agreement for a fire truck from Oreo Roanoke Corporation. (For full text or Resolution, see Resolution Book No. 25, page 34.) Mr. Young moved the adoption Of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cora,Il, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............... 7. NAYS: None ..................... O. SEWERS AND STORM DRAINS: Council at its meeting of June 19, lg61, hating directed the preparation of a Resolution approving the settlement of a claim of Rea Construction Company in the amount of $2,250.00, Mr. Wheeler offered the following Resolution: (~14481) A RESOLUTION approving settlement of an alleged clai~ of Rea Construction Company against the City. (For full text of Resolution, see Resolution Book No. 25, page 34.) Mr. Wheeler moved the adoption of the Resolution. The motion'was seconded!i by Mr. Young and adopted by the following vote: 403 404 AYES: Messrs. Cornel]. Dillard. Pollard. Webber, Wheeler, Young, and the President. Mr. Anderson ............... NAYS: None .....................O. Bro Mheeler then offered the follomiog emergency Ordinance spproprintiog the necessary finds: (=14482) (For full text of Ordinance. see Ordinance Book No. 25. page 35.) Br. Wheeler moved the adoption of the Ordinance. The motion was seconded by Rr. Young and adopted by the following vote: AYES: Messrs. C,mall, Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr. Anderson ................ NAYS: None ......................O. BONDS-SCHOOLS: Council havin9 pceviously been advised by the Roanoke Clt School Board that it will be necessary to provide funds for payment of school construction costs pending receipt of proceeds from Public School Bonds, Mr. Webber offered the following Resolution: (=14483) A RESOLUTION authorizing the negotiation of a short-term loan in anticipation of the proceeds from Public School Bonds, Series #KK#, sold June 21 (For full text of Resolution, see Resolution Book No. 25, page 36.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. Webber, Wheeler, Young, and the President. Mr. Acderson ............... 7. NAYS: None .....................O. MOTIONS AND MISCELLAENOUS BUSINESS: ELECTION OF OFFICERS: Council at its meeting of June 19, 1981, having Iai, over for consideration vacancies on certain Boards and Commissions, the matter was · again before the body. The Mayor stated that Mr. Frank W. Rogers has advised that he does not desire to be reappointed as a member of the Roanoke Public Library Board. The Mayor also pointed out that in addition to the vacancies before the Council it will be necessary to appoint fourteen members of a Charter Study Commission and suggested that the Council hold o special meeting for this purpose. Mr. Dillard moved that the Council meet in regular session on Monday, July 10. lq61. at which time the appointments can be considered, along with any other the Council desires to take up. The motion was seconded by Dr. C,mall and adopted. INDUSTRIES: Dr. C,mall stated that he would like to see the Industrial Committee of the Council hold public and private hearings at which industrialists. representatives of large and small businesses, and the public in general can '405 appear and offer their suggestions in connection uith the industrial improvement of the comaualty, and moved to refer the matter to the Industrial Committee for its consideration. The motion nas seconded by Mr. Pollard and adopted, Messrs. Webber and Mheeler voting aD. In this connection, Mr. Dillard stated that in his opinion the Industrial Committee should be reorganized and, upon being informed by the City Clerk that the committee mas set up by Resolution, moved to direct the City Attorney to prepare a Resolution providing for the reorganization of the committee and report thereof to the Council. The motion mas seconded by Mr. Young and adopted, Messrs. Webber, Wheeler and the Mayor voting no. ROANOKE VALLEY: Dr. Cornell stated that in his opinion much good might come from a joint meeting, or meetings, Of the members Of the various governing bodies Of the Roanoke Valley and moved to appoint a committee composed of Dr, C, M, Corneil, Chairman, Mr. Roy R. Pollard, Sr.. and Mayor Willis M. Anderson to arrange for such a meeting within the next sixty days between the members of the Councils of the City of Roanoke. the Town of Salem and the Yomn of Vinton and the Roards Of Supervisors of Roanoke County and Dotetourt County for a discussion of mutual problems. The motion Mas SeConded by Mr. Dillard and adopted. Mr. Wheeler voting no. There being no further business, the Council adjourned. APPROVED A~t EST~ Presi~ '406 COUNCIL, REGULAR MEETING, Monday, July lO, 1961. The Council of the City of Roanohe met in regular meeting in the Council Chamber in the Municipal Building, Monday, July 10. 1961. at 2:00 o'clock, p. m.. the regular meeting hour. with the President. Mr. Anderson. presiding. PRESENT: Messrs. Cornell. Dillard, Pollard. Mebber, Mheeler. Young, and the President, Mr. Anderson .................. 7. ARS£NT: None ...................... OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph Mhittle, City Attorney, Mr. Barry R. Yates. City Auditor, and Mr. J. Robert Thomas, .City Clerk. ELECTION OF OFFICERS; Pursuant to the action of the Council at its meet- lng of July S. 1961. the body met in regular session to consider the matter of filling vacancies on various Boards and Commissions previously reported to it. The Council. after a two hour discussion, laid the matter over until its There being no further business, the Council adjourned. AppROVED U Cl~rk ........ President COHNCIL, REGULAR MEETING, Monday, July 17. 1961. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building, Monday. July IT, 19bi, at 2:00 o'clock, p, m.. the regular meeting hour, with the President, Mr, Anderson, presiding, pRESENT: Messrs. Cornell, Dillard, Webber, Mheeler, Young, and the President, Mr, Anderson ............................... ABSENT: Mr, Pollard ........................1, OFFICERS pRESENT: Mr, Arthur S. Owens, City Manager, Mr, Randolph G, Whittle, City Attorney, Hr, Harry R. Yarns, City Auditor, and Mr, J. Robert Thomas City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Lewis Fi Ovenshire, Executive Director, Goodwill Industries, MINUTES: Copies of the minutes of the regular meetings held on July 5, lgGl, and July 10, lq~l, having been furnished each member of the Council, upon motion of Mr. Mheeler, seconded by Mr. Young and adopted, the reading was dispensed! with and the minutes approved as recorded, HEARING OF CITIZENS UPON pUBLIC MATTERS: CLOSING HOURS: In connection with the request of Lendy*s that the Gity Code be amended to permit service of food articles, etc., by drive-in restaurants for consumption outside its building after the hour of 12 o*¢1o¢k, midnight, pre- sented to the Council at its previous meeting. Mr, Leonard Goldstein. operator of the restaurant, appeared before the Council and stated that he operates a number of restaurants throughout Virginia and this is the only place where he operates which restricts operations after midnight; that he has an extremely heavy customer demand! for car service on Friday and Saturday nights between 11 o'clock, p, m., and 1 o'clock, a. 'm.; that he has installed modern electronic ordering equipment at his restaurant located on Franklin Road which eliminates horn-blowing; and that he employs off-duty police officers to maintain order and keep quiet at the operation on weekend nights. Dr. Cornell moved to refer the request to a committee to he appointed by the Mayor for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. The Mayor then named the following committee: Messrs. Vincent $. Wheele~, Chairman, Charles M, Cornell and Randolph G. Whittle. pETiTIONS AND COMMUNICATIONS: SCHOOLS: The City Clerk preseuted a communication from the Highland Park Citizens Committee, advising that it presented a proposal to the Roanoke City School Board on March 20, 1961, as follows: 1. That the 7th, bah, and 9th grades at Lee Junior come from Highland Park, West End, and Crystal Spring Schools. 2. That the loth, llth, and 12th grade students completing Lee Junior and desiring to attend patrick Henry High School, because of their curricula, be allowed to do so. 4'07 408 The committee further advised that it his attended each meeting of the School Hoard since thee date and has not received n satisfactory nnsmer~ that the committee is concerned over the operation of Jefferson High School end Lee Junior High School since it believes that the transfer of pupils from these schools to Patrick Henry High School end Hoodcom Wilson Junior High School as planned bi the School Hoard will reduce the academic proficiency of Jefferson High School end Lee Junior High School to such an extent that they will not neet the requirements for students preparing for college entrance, the committee requesting that the Council assist it in obtaining an answer from the School Hoard, Mr, M, Preston Leech, Chairman Of the committee, and a number Of citizens from the southwest section, appeared before the Council in support of the request. Mr, Dillard moved to hold a Joint meeting with the School Hoard to con= sider the matter. The motion was seconded by Dr+ Cornell. Mr. Webber offered a substitute motion to refer the request to the School Hoard for a report on the matter. The motion was seconded by Mr, #heeler and adopted, Mr. Dillard voting no. STREETS AND ALLEYS: The City Clerk presented a communication from the Norfolk and Western Railway Company, withdrawing its request of March 10, 1951. that a portion of a certain street varying in width from 40 to 50 feet, situate within Block 2, as shown on the Map of R. J, Wright Addition, lying north of a line parallel with and 110 feet distant sonthwardly from thc south line Of Jackson Avenue, which was vacated hy Ordinance No, 5594, dated October 24, lg40, and west of the west line of Fifteenth Street, and that portion of a certain Ia-foot alley situate eastwardly contiguous to the 40-foot portion of the above described street. lying between a line parallel with and 110 feet southwardly from the said south line of Jackson Avenue and its present northerly terminus, he vacated, discontinued and closed, presented to the Council at its meeting of March 13, 1951, the Railway Company substituting in lieu thereof a request that a 50-foot street, extendin9 westward from Fifteenth Street, So W., parallel to and south of Jackson Avenue to an alley, thence 40 feet wide along the said alley to the north line of Lot 40, thence 50 feet wide along the north line of Lot 40 to Sixteenth Street. and the portion of Sixteenth Street intersectin9 therewith, along with a portion of a lO-foot alley extending southward from Jackson Avenue west of Fifteenth Street to the north line of Lot aH. and a portion of a 12-foot wide alley extending from a point 40 feet eastward from Seventeenth Street in an easterly direction to the line of the R, J. Wright Addition, and a 40-foot section of Westview Avenue extending eastward from Seventeenth Street, be vacated, discontinued and closed. Mr. Wheeler moved to concur in the withdrawal of the previous request and to refer the present request to the City Planning Commission for study and recommen- dation. The motion was seconded by Mr. Webber and adopted. Hr. Wheeler then offered the following Resolution repealing Resolution No. 14350, adopted by the Council on the 13th day of March, 1951, appointing viewer! in connection with the previous request which has been withdrawn: (a14464) A RESOLUTION repealing Resolution No, 14350, (For reit text or Resolution, see Resolution Book No, 25, page 36,) Yro Wheeler moved the adoption of the Resolution, The motion mas secondec by Mr, Mehber and adopted by the following vote: AYES: Nessrs, Cornell, Mebber, Wheeler, and the President, Mr, Anderson .............................................. 4, NAYS: None .................................O. (Ressrs. Dillerd and Young ant voting, Rr. Pollard absent) The Railmay Company having requested the appointment of viewers In connection with the request presented this date, Br. Mebber offered the following Resolution: (~14465) A RESOLUTION providing for the appointment of five freeholders, any three of whom may act. as viewers in connection with the petition of Norfolk and Western Railway Company to permanently vacatee discontinue and close certain portions of certain streets and alleys between ISth and 17th Streets in the southwest section of the City of Roanoke, Virginia. (For full text of Resolution. see Resolution Book No. 25. page Mtn Webber moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: Anderson .............................................. 4. NAYS: Mr. Dillard ..........................1. (Mr. Young not voting. Mr. Pollard absent) STREETS AND ALLEYS: The City Clerk presented a communication from the Norfolk and Western Railway Company. offerin9 a .13-acre tract of its land, lying south of Jackson Avenue, S. M., between Sixteenth Street and Seventeenth Street, the city in exchange for two parcels of city-owned land containing ,09 acre and .Od acre. both parcels being portions of Welford Hurt Park. Dr. Cornell moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Webber and adopted, ZONING: The City Clerk presented a petition or C. C. and Carrie R. Kane, requesting that their property containing approximately 4 1/2 acres, lying between Mestside Boulevard and Peters Creek, N. M.. designated as a portion of Official Taxi No. 2750902, and all or Official Tax Nos. 275090B, 2750910 and 2750912, be rezoned from General Residence District to Business District. Mr. Nheeler moved to refer the request to the City Planning Commission for Mr, Dillard and adopted. '409 4,i0 SPECIAL pERMITS*STREETS AND ALLEYS: The City Clerk presented · petition from Mr. Lawrence N. Collies, ·dvising that a building he is purchasing, loc·ted on O 1/2 Street, S, E,, south of Campbell Avenue, situate on the southerly 58 feet or Lots I and 2. Edgemood Addition, encroaches on city street and alley rights of way, end requesting that the Council authorize a continuation of such encroachment. The City Manager reported that he has investigated this matter, that the building bus been at its present loc·tmon for approximately 50 years, and that in his opinion there is no objection to complying with the request. Mr. Dillard moved to concur in the request and offered the following Ordinance: (~1448b) AN ORDINANCE authorizing the continued encroachment of the building located on the southerly SR feet of Lots I and 2. Section 6, Rap of the Edgeuood Addition to the City of Roanoke. over the east line of D 1/2 Street, S. E. and the north line of a certain 15 foot alley, NREREAS, Laurence N. Collins has filed his petition dated July 10, 1951, before the Council of the City of Roanoke requesting the Council to authorize, pursuant to Section IS-765 of the Code of Virginia of 1950, the continued en- croachment of a certain building located on the southerly 50 feet of Lots I and 2, Section 5 of the Map of the Ed~e~ood Addition to the City of Roanoke and advising that the building sas constructed more than fifty years ago, and far,as,ns now unknown was located on said lots in such a manner that the building encroached from 1,39 feet to 1.45 feet over the east line of D 1/2 Street. S. E** a~ ~om O, lO to 0,13 feet over the north line of a certain 15 foot alley in said block, as such encroachments are shown on a certain survey of said lots made by C. B. Ralcolm ~ Son, Va. 5,C.E., dated June 20, lC61, and revised June 30, lC61, a copy of which is attached to said petition; and the City Manager having stated that he has no objection to such continued encroachment; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that pursuant to the provisions of Section 15-755 of the Code of Virginia of 1950. authority he and is hereby granted the omner or owners of that certain building located on the southerly 59 feet of Lots I and 2 of the Rap of the Edgeuood Addition to the City of Roanoke and at 110 O 1/2 Street, S. E., to maintain the encroachment of the building which is ·pproximately 1.39 feet to 1.45 feet over the east line of R 1/2 Street, S. E., and from 0.10 feet to 0.13 feet over the northern line of a certain 15 foot alley in said block until that part of the building encroaching upon the street and alley is destroyed or removed; and provided further that nothing herein contained shall be construed to relieve the owner or Owners of any negligence on their part on account of any such encroach- ment, and, further, that said owner Or owners shall, by continuing the encroachment herein authorized, be deemed to have agreed to indemnify and save the City harmless from any claim or liability arising therefrom. Mr. Dillard moved the Ordinance on its first reading. The motion was seconded by Mr, ~heeler and adopted by the following vote: AYES: Hessrs, Cumuli, Dillard, Webber, Nheeler, Young, end the President, Hr. Anderson ......................... NAYS: None ...........................O, {Mr, Polierd absent) CITY JAIL: The City Clerk presented · report of the Department of Welfare and Institutions. covering Inspection of the City Jail, performed by that departoent on Jane 27, 1961. Mr. Dillard moved to file the report. The motion mas seconded by Mr, Nehher and adopted, DEPARTMENT OF PUBLIC RELFARE-STATE HIGHWAYS: The City Clerk presented a communication from the Department of Highways of the Commonwealth of ~irginio, acknomledging receipt of Resolution No. 14451. adopted by the Council on June 19. 1961, and advising that before any action is taken under the Resolution for removal!! of graves from the city*s cemetery on the north side of Orange Avenue. N, E., at Second Street and Hart Avenue. the City Hanager should meet uith the Urban Engineer! and the Right of Way Engineer of the Highway Department. since the said department has not entered Into any agreement with the city hearing a part of the cost, nor has there been any formal advice to the city that the area referred to will be a part of the right of way of Federal Route S81. The City Manager advised that, subsequent to the receipt of the letter, he, the City Engineer and the City Attorney met with officials of the lli~hwa)- Department and presented a letter to the Council from the State Department of Highways, signed by its Bight of Way Engineer, agreeing that upon Completion of removal of all bodies from the cemetery and the unimproved, unopened portion of Second Street. at the city's cost, removal of the said bodies to be completed by January 1. 1952. the Commonwealth will proceed to have the property appraised in the same manner as other properties in the vicinity of the interstate construction. the said appraisal value to be accepted by the City of Roanoke as full compensatio~ for land and damages, it being understood that the Commonwealth sill not be under obligation to purchase the property in question until such time as all bodies have been removed from the cemetery and the unimproved street, and that the purchase thereof is to be conditioned upon the ability of the City of Roanoke to convey feeJl simple, marketable title, in the opinion of the Commonwealth*s Counsel. to the Commonwealth of Virginia. the letter stating that un unofficial appraisal has been made indicating the value of the property in question to be The City Manager advised the Council that the State has employed a local attorney to examine the title to the property and that until such time as that examination is completed and it.is determined whether or not the city can deliver a fee simple title, no further action can be taken. Mr. Webber moved to file the communications. The motion was seconded bY'il Br. Wheeler and adopted, REPORTS OF OFFICERS: BUDGET-SIDEWALK, CURB AND GUTTER: The City Manager submitted a request of the Magic City Motor Corporation, that the city construct concrete curb and 4!:2 gutter on the west side of Fourth Street, S, M,, along Its property from Salem Avenue to Rorer Avenue, the said corporation agreeing to pay one-half the cost thereof, and advised that aa funds ore available in the 1961 budget, that the estimated cost of constructing the curb nnd gutter la $500,00, and that If the Council appropriates such funds he sill proceed with construction of the curb and gutter on the basis that one-half the cost thereof will be refunded by the #agic City lotor Corporation. Mr. Dillard offered the following emergency Ordinance appropriating necessary funds: (n14407) AN ORDINANCK to amend and reordain Section ~140. wStreet Construction.w of the 1961 Appropriation Ordinance. and providing for an emergency. (For fall text of Ordinance. see Ordinance Dooh So. 25. page 39.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the foil,sing vote: AYF-~: Messrso Cornell, Dillard, Nebber, Wheeler, Young, and the Presi- dent. Mr. Anderson ................................ NAYS: None .............................O. (Mr. Pollard absent) BUDGET-JUVENILE DET£NYION UOM£: The City Manager requested an appropria- tion of $1,500,00 to provide for completing a fence around the Juvenile Detention Home and purchase of a dempster-dumpster and two stainless steel bins and advised that the Commonwealth of Virginia will refund $1.100.00 of the cost covering the dempster-dumpster and the bins. but sill not participate in the cost Of completion of the fence. Mr. Yonng moved to concur in the request and offered the following emergency Ordinance: (~144~B) AN ORDINANCE to amend and reordain Section ~144. *Oepartmentai Equipment and Improvements** of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25. page 39.) Mr. Young moved the adoption of the Ordinance. The motion sas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Webber. Wheeler. Young. and the Presi- dent. Mr. Anderson ................................ 6, NAYS: None .............................O, (Mtn Pollard absent) BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted to the Council the annual State-required budget for the Department of Public Melfare covering the Ttscal year July l, 1961 - June 30, 1962, which has been approved by the State Department of Welfare and Institutions. for a total of $1.D41.713.00. and which will require an additional appropriation for the last six months of the present calendar year in the amount of $~2.422.57, the City Manager suggesting that the Council lay the matter over until its Joly 31, 1961, meeting, at shich time he sill have members of the Department of Public Welfare staff present, and. in the meantime, the Council can study the budget. Mr, Dill*rd muted, to reduce the budget by $500t000,00, There being no second, the motion mas last. Mr. Mebber moved to lay the matter over until the meeting of July 31o 1961. The motion mas seconded by MY. Mheeler end adopted, Mr, Young stated that he is unable to determine from the analysis sub- mitted with the budget what the city's cost in connection therewith will be and moved to direct the City Auditor to submit a report to the Council showing the total cost to the city from local funds if the budget is adopted. The motion was seconded by Hr. Wheeler and adopted, DUDOET-BRIDGES: The City Manager requested an appropriation of $1,077,69~ advising that it will require this amount to pay the city's one-half of the'cost of construction of a bridge over Tinker Creek at Preston Avenue, which project bas been completed by the Commonwealth, Mr. Mheeler moved to concur in the request and offered the follomlng emergency Ordinance: (~14469) AN ORDINANCE to amend and reordain Section u142, *Transfer to Improvement Fund,H of the lgdl Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, paS* 39.) Mr. Wheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Corn*Il, Dillard. Webber, Wheeler. Young, and the Presi- dent, Mr. Anderson .......................... NAYS: None .......................0. (Mr, Pollard absent) STREEI LIGHTS: The City Manager recommended that the Coun~ il author ize the installation of street lights at various intersections within the city. Mr. Dillard moved to concur in the recommendation and offered the following Resolution: (~14490) A RESOLUTION authorizing the installation of ~treet lights at various locations in the City of Roanoke. (For full te?t Of Resolution, see Resolution Book No. 25, page Mr. Dillard moved the adoption of the Resolution. The motion was second- ed by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Webber, Wheeler. Young. and the President, Mr. Anderson ..................... NAYS: None .......................O. (Mr. Pollard absent) AIRPORT; The City Manager reported that American Airlines has entered into an agreement with Eastern Airlines for the latter company to handle its operations at the Boanohe Municl~al Airport and has requested that it be relieved of its contract for space in the terminal at the Municipal Airport, the City Manager recommending that the request be granted. Mr. Mheeler moved to refer the matter to the Airport Committee for study and recommendation. The motion was seconded by Mr. Dillard and adopted. "4ia TRAFFIC: The City #manger reported that the Roanoke Valley Regional Planning uud Economic Development Commission bus requested that the traffic survey uow befog made by the Virginia Department of flighmuys rot the city under Ordinance Ho, 14045, adopted on the 9th day of May, 1960, be expanded to include the region comprising the City, the Counties of Dotetourt end Roanoke. und the Tomns of Salem und Vision, and, also, to provide for a regional traffic and transportation study to be made by the State Highway Department, such an expanded program in the opinion of the said Commission being necessary for the proper development of a master plan for the valley and for the City of Roanoke; that the city's proportionate part of the cost of the traffic survey uow being conducted will be reduced by approximately $3,000.00 by expanding it to the region, since the Tomns of Salem and ¥1nton mill pay their proportionate part and the State will pay the porportionate part covering the two connties involved; that the regional traffic and transportation study Is estimated to cost $40,000.00. of which the city*s share will be approximately $5,000.00, making u net increase in cost of approximately $2.000.00 to the city; bowater, the Regional Commission points out that certain planning aspects will he performed by the city*s Planning Department for which the Regional Commission will reimburse the city. it being expected that the payments for such services will more than cover the additional cost of ~2.000,00 to the city, the City Hanager advising that the City Planning Commission has concurred in the request and statements of the Regional Commission and that In bls opinion the expansion proposed will delay the delivery of the final report of the traffic survey by gO days, Mr. Rheeler moved to concur in the requests and to direct the City Attorney to prepare the necessary Ordinance and allied papers to effectuate them. The motion was seconded by Mr. Young and adopted, CHAMBER OF CORMERCEoSTATE HIGHNAYS-PAR£5 A~H PLAYGROUNDS: The City Manager reported that, in connection with the request of the Roanoke Chamber of Commerce referred to him by the Council at its meeting of May ~2. 1961, he has studied the questions of construction of a spur leading from the Blue Ridge Parkway to the top of Mill Mountain and construction of State highway from Inter- state 01 along State Route 601, Whiteside Street and Patrick Henry Avenue to Orange Avenue, N, E., the City Manager suggesting, with reference to the Dine Ridge Parkway spur to the top of Mill Mountain, that a concerted effort be made jointly by the city and the Roanoke Chamber of Commerce. along with the State and Federal representatives to the Congress, towards getting a Mill Mountain spur included in the Blue Ridge Parkway system, the City Manager advising, with reference to the extension of Route 601, that the city has recently requested construction of a bridge over Carvins Creek by the State Highway Department, the cost of which the city has agreed to share in; that the State Highway Department has advised thutit expects to have a secondary Federal Aid Project on this Route programmed and started within the next two years; that the city's Engineering Department has made a field survey of this road and the same Is being tarried over to the Depart- ment of Highways for its use in continuing the suryey and establishing the final locution; that Inside the city along the proposed route quite o bit of right of may Is yet to be acquired nnd in his opinion some of these can be taken up without too much expense, and ms negotiations proceed, mill he reported to the Council for its action. DF. Cornell moved to direct the City Attorney to prepare n Resolution requesting that the Federal Government proceed with planning and construction of the last portion of the Blue Ridge Parkmay necessary to complete the said Pathway east of Roanoke and to include therein us u port of the Dlue Ridge Parkway a spur to the top of Rill Roumania, The motion was seconded by HFo Rheeler and adopted. At this point, the Mayor stated that it might he well if the Council adopts a Resolution thonkJng its representatives In the Congress of the United States for securing udoptlon of no amendment so the federal housing law saving credits for the city in the Commonwealth Redevelopment Project area, Mr. Rabbet moved to direct the City Attorney to prepare such a Resolution for presentation to the Council. The motion was seconded by Rr. Rheeler and adopted. FIREARRS: The City Manager reported that, subsequent to the adoption of Ordinance NO, 14453, providing for approval of shooting ranges in the city by the Councile he has made the necessary changes on N. C E. Railway property south of Breckenridge Avenue near Thirty-first Street so that the property can be used by the Police Department as its firing range, and transmitted a request of Roanoke Skeet Club for approval of a range on the same property for its use tn skeet shooting, the City Manager advising the Council that the appropriation previously requested for the police range is not necessary. Dr. Cornell moved to direct the City Attorney to prepare a Resolution approving the shooting range as requested. The motion was seconded by Mr. Wheeler and adopted, FIRE DEPARTMENT: The City Manager reported that, in connection with the request of members of the Fire Department that the city relieve them of costs of purchasing equipment and facilities for cooking of meals at the fire houses while on duty and the cost of the utility bills in connection therewith, he has made a survey of twelve Virginia communities and found that in each instance the city bears this cost, the City Ranager recommending that the Council grant the request of the Fire Department's employees, and stating that if the Council concurs in has report, he will make a survey of needs and request funds when required. Rt. Dillard moved to concur ia the report of the City Manager. The motion was seconded by Dr. Cornell and adopted. STREETS AND ALLEYS: The City Manager reported that he has studied the request of the citizens in the area that Kirkland Drive be opened from Aspen Street north to Hershberger Road; that the areathrough which the road will need to be open- ed is undeveloped land; and that under the city*s Subdivision Ordinance, as the land is developed, the street will be opened, improved and dedicated by the subdividers at no oost to the city, the City Manager stating that if the city desires 415 4;1:6 to open the street it mill be necessary to purchase the right of may and to con- struct the street, mhlch mill be at considerable cost, nnd in his opinion no action should be tnhen upon the request, Hr. Mheeler moved to concur in the report of the City Rsneger, The motio~ mas seconded by Mr, Young and adopted. STREETS AND ALLEYS-SEWeRS AND STORM DRA1WS-SIDEWALE, CURB AND GUTTER: The City Manager submitted a tabulation of bids received for mldeaing and improve- ments of Brandon Avenue between Colonial Avenue and a point approximately 450 feet west of Mcrray*s Run, on which proposal he reported to the Council at its previous meeting, ah.ming the bid of Wiley N. Jachson Company, in the amount of $54,394.06, as l.m, and recommended acceptance thereof, the ~lty Manager advising that it mill be necessary to appropriate the $55,000.00 to cover the cost of the work and advertising and incidental costs. Mr. Webber moved to concur in the recommendation and offered the f.lion- Jag emergency Ordinance: (~14491) AN ORDINANCE accepting the proposal Of Wiley N. Jackson Company to widen and othermlse improve Brandon Avenue, $. W** between Colonial Avenue and a point approximately 450 feet nest of Murray*s Run; authorizing the proper City o££1cials to execute the requisite contract; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 40.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. C.mall, Dillard, Webber, Wheeler, Young, and the PresJden Mr. Anderson ............................ 6. NAYS: None ...................O. (Mr. Pollard absent) Mr. Webber then offered the following emergency Ordinaoce appropriaticg (~14492) AN OROINANCE to amend and reordnin Section ~140, ~$treet Construction," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 41.) Mr. Webber moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Webber, Wheeler, Young, and the NAYS: None .............................O. (Mr. Pollard absent) REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIOKRATION OF CLAIMS: NONE, INYRODUCTION AND CONSIDERATION OF ORDAINANCKS AND RESOLUTIONS: AIRPORT: Council at its meeting of July 5. 1961, having directed the preparation of a Resolution amending the contract between Piedmont Aviation, Incorporated, and J, F. Dcrbour ~ Sons, covering the cost of Change Order No, 2 on the Piedmont Hangar at the Runiclpcl Airport, Hr, ~heeler offered the folloming Resolution: (~14493) A RF~OLUTION approving change order no, 2 So the city's contract doted August 17, lgGO, with J, F, Durbour ~ Sons for the construction of Hangar No, 4, (Piedmont Rangnr), at the City municipal airport, (For full text of Resolution, see Resolution Hook No. 25, page 42,) Rte ~heeler moved the adoption of the Resolution. The motion was seconded by Hr, Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, ~ebber, Rheeler, Young, and the President. Mr. Anderson ............................... NAYS: None .................................O, (Rro Pollard absent) EASEMENTS-APPALACHIAN PORER CORpANyoScBOOLS: Council at its meeting of July 5, lgGl, having directed the preparation of an Ordinance granting to the Appalachian Power Company an easement into the Round Hill Elementary School site, Mr. Young offered the following Ordinance: (314494) AN ORDINANCE providing for the execution nod delivery of a certain deed of easement from the City to Appalachian Power Company relative to an underground electric transmission line Or lines through a portion of the City's Round Rill School property. ~IIEREAS, the Roanoke City School Board has recommended that the City grant to Appalachian Power Company the easement herein authorized in order that said company may make available its electric service to the Cityt$ Round Rill School now under construction, 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 aothorized and directed, for and on behalf of the City, to execute and deliver to Appalachian Power Company a deed Of easement granting to said company an easement with the right, privilege and authority to said company, its successors and assigns, to construct, operate and maintain o certain line or lines for the purpose of transmitting electric or other power, underground, from its electric lines in Oakland Boulevard, N. N,. to the City's new Round Bill School property within a right of way therefor, the center line of which is generally described as follows: BEGINNING at a point on the west side of Oakland Boulevard, N, ~., which point is N. 41m 251 feet, more or less, along the City*s Round Rill School property line from the southerly corner of the same; thence, leaving said beginning point and running through and under said school property approximately N° 56o 10' N** a distance of 273 feet, more or less, to a point in said school property; said right of way to be located on n certain 16,20 acre tract of land shown on a certain plat entitled *Plat Showing Portion of Watts Estate to be conveyed to Roanohe City School Board", etc,, dated November 10. 1959, recorded in the Clerk*s Office of the Hosings Court for the City of Roanoke, Virginia, in Deed Book 1066, page 377; said grant of easement to be for a nominal consideration Of One Dollar cash and upon such form as shall be approved by the City Attorney, 4:)/'7 ,4 8 Mr. Young 'moved the o~dinnuce on its first reading. The motion mas seconded b! Mr. Wheeler and adopted by the f,Ii,ming vote: AYES: #easts. Coreell. Dillard. Webber. Mbeeler, Young, end the President. Mr. Anderson~ ........................ ~-§. NAYS: None~ ............................O, (Mr. Pollard absent) MOTIONS AND MISCELLANEOUS BUS INESS: GARBAGE REMOVAL: Dr. C,mall stated that he has had a number of complaints concerning the collection of garbage during the summer months and moved to direct the City Manager to study the matter and submit n report of the cost of semi-weekly rather than keekly collections of garbage daring the months of July and August. The motion mas seconded by Mr. Mebher and adopted. Mr. Young ~tated that the remainder of item~ on the agenda deal with the appointment of members of boards and commissions and. since Mr. Pollard is absent. moved to adjourn the meeting until 2:00 ,*clock. p. mo. Monday. July 24.-1961. at which time t~e remaining items on the agenda can be considered. The motion mas seconded by Dr. Cornell and adopted. A P P R 0 V E D president COUNCIL. ADJOURNED REGULAR MEETIN~ Monday, July 24, 1961, The Council of the City of Roanoke met in an adjourned regular meeting in the Council Chamber in the Municipal Building, Monday, July 24, 1961, at 2:00 o'clock, p. m,, with the President, Mr, Anderson, presiding, pRESENT: Ressrs, Cornell, Dillard, Pollard, Mebber, Mheeler, Young, and the President, Mr, Anderson ................. ABSENT: None .....................O. OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr. Ilarry R, Yates, City Auditor, and Mr, J, Robert Thomas, City Clerk. WATER DEPARTMENT: Miss Lelia M. Haymaker, 1610 Tenth Street, N, appeared before the Council and complained that she is getting red eater at her home through the cJty*s eater system. Mr. Dillard moved to refer the matter to the City Manager for study and report. The motion ems seconded by Mr, Young and adopted. ELECTION OF OFFICERS: The Mayor announced that the regular meeting of the Council held on July 17, 1961, has been adjourned until today for consideration of filling vacancies on boards and commissions and called for nominations to fill the three vacancies existing on the Library Board by reason of the expiration of the terms of Elizabeth M, Dreary, Co U. Hurt and Prank N, Rogers on June 50, 1961, Mr, Young placed in nomination the name of Evans B, Jessee. Mr. Wheeler placed in nomination the name of Co D. Hurt. Mr. Webber placed in nomination the name of Elizabeth M, Drewry. There being no further nominations, the Chair declared the nominations closed; mhereupon, Mr, Evans B. Jessee, Mr. C, D. Hurt and Mrs. Elizabeth M. Dreary were elected members of the Roanoke Public Library Board for terms expiring June 30, lg6d, by the following vote: FOR MR. JE~SEE: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson .......................... 7. FOR I~. HURT: Messrs. Cornell, Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr. Anderson .......................... FOR MRS. DREARY: Messrs. Cornell, Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr. Anderson .......................... ?. The Chair then called for nominations to fill three vacancies on the Roanoke City School Board existing by reason of the expiration of the terms of 1951. 4~i9 420 Mr, Dillard placed In nomination the name of Roger J, DeBunk, Dr, Cornell placed in nomination the mane of Lawrence C, Mangrove, There being no further nominations, the Chair declured the aowinatlons closed; ubereupon. Messrs, Lee C, Bartmon, David H. Burrows and Clarence R, Hawkins were elected members of the Roanoke City School hoard for terms expiring June 30, 1964, by the following vote: FOR MR. HARTHAN: Messrs. Pollard, Robber, Mheeler. Young, und the president. Mr, Anderson ....................................................... 5. FOR MR. BURROWS: Messrs. Pollard. Mebber, Wheeler, Young, and the President, Mr. Anderson ....................................................... 5, FOR HR. HAWKINS: Messrs. Pollard, Webber, Wheeler. Young, and the President, Hr. Anderson ......................................................5. FOR HR. AKERS: Messrs. Corn*Il and Dillard .........................2. FOR HR. APOSTOLOU: Dr. Corn*Il .....................................1o FOR HR. DEBUSK: Mr. Dillard ........................................1. FOR HR. MUSGROYE: #easts. Cornell and Dillard ......................2, ~he Chair then called for nominations to fill a vacancy on the Employees' Retirement System. Board of Trustees, existing by reason of the expiration of the term of Mr, Arthur N, Matthews on June 30, lgGl. Mr. Wheeler placed in nomination the name of Arthur N. Matthews. Mr. Young moved to close the nominations, The motion was seconded by Rt. Webber and adopted; whereupon, Mr, Matthews was reelected a member of the Employees' Retirement System, Board of Trustees. for a term of four years expiring June 30, 1965, by the following rote: FOR MR. MATYHEWS: Messrs. Cornell, Dillard, Pollard, Webber, Mheeler, Young, and the Pr*mid*ut, Mr. Anderson .......................................?* The Chair then called for nominations tO fill a vacancy on the Citl Planuing Commission for the unexpired term of Mr. Lo Graham Haynie, resigned, endiug December 31, 1962. Mr. Young placed in nomiuation the name of C. E. Hunter, Jr. Mr. Dillard placed in nomination the name of Alexander ~. Apostolou. There being no further nominations, the Chair declared the nominations closed; whereupon, Mr. C, E. Hunter, Jr., was elected a member of the City Planning Commission to fill the unexpired term of Mr. L. Graham Haynie, resigned, ending December 31, 1962, by the following vote: FOR HR. HUNTER: Messrs. Pollard, Webber, Wheeler, Yonng, and the President, Mr. Anderson .....................................................5, FOR HR, AposzOLOU: Messrs, Coruell and Dillard ................... Zhe Chair then called for nominations for the Charter Sandy Commission created under Resolution No. 14461, adopted on the lgth day of June, 1961. Dr. Corn*Il placed in nomination the names of James L. Trinkle and Robert A, Garland. Mr, Dillard placed in nomination the names of James P, Hart, Jr,, and A, A. Akers, · Mr, Pollard placed in nomination the names of Gordon C, Willis and Robert M, Woody, Mr. Webber placed in nomination the names of E, Grlfflth Dodson, Jr,, and Earl A, Fitzpatrick, Mr, Wheeler placed in nomination the names of Earle J, Wentz. Jr., and Edward H, Scott. Hr. Young planed in nomination the nares of John W, Hancock. Jr., and English Shomalter. #r. Anderson placed in nomination the names of #rSo Emmett R. Albergotti and Wt. Hsrold N. Hoback. There being no further nominations, the Chair declared the nominations closed; whereupon, Ressrs+ James L, ?tinkle. Robert A. Garland. James P. Hart. Jr.. A. A. Akers, Gordon Co Willis, Robert W, Woody. E. Grif~fth Dodsono Jr.. Earl A, Fitzpatrick, Earle J. Wentz. Jr.. Edward H, Scott, John H. Hancock, Jr.. English Showalter. Harold N, Hoback and Mrs. Enmett R, Albergotti were elected members of the Charter Study Commission by the following vote: FOR I~l. TRINKLE: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler, Young, and the President,.Mr, Anderson .... ~ .................................... ?. FOR W~ GARLAND: Messrs, Cornell, Dillard, Pollard, Webber, Wheeler. Young. and the President Rt. Anderson .........................................T, FOR I~t. HART: Messrs. Cornell, Dillard. Pollard, Webber, Wheeler. Young. and the President Mr. Anderson ......................................... T. FOR ~ll. AKERS: Ressrs. Cornell. Dillard. Pollard, Webber. Wheeler, Young, and the President Rt. Anderson ......................................... FOR ~. WILLIS: Wessrs. CornelI, Dillard, Pollard. Webber. Wheeler, Young. and the President Rt. Anderson ......................................... ?, FOR MR. WOODY: Messrs. Cornell. Dillard, Pollard, Webber, Wheeler, Young, and the President Hr. Anderson ......................................... ?. FOR MR. DOD$ON: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and taw President Mr, Anderson ......................................... FOR MR. FITZPATRICK: Messrs. Cornell, Dillard, Pollard. Webber. Wheeler, Young. and the President Mr. Anderson ......................................... T. FOR MR. WEN?Z: Messrs. Cornell, Dillard. Pollard. Webber, Wheeler. Young. and the President. Mr. Anderson ......................................... FOR MR, SCOTT: Messrs. Cornell. Dillard. Pollard, Webber, Wheeler, Young, and the President. Mr, Anderson ......................................... FOR MR. HANCOCK: Messrs. Cornell. Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ......................................... FOR I~. SHOWALTER: Wessrs. Cornell, Dillard, Pollard. Webber, Wheeler, Young, and the President. Hr. Anderson ......................................... 422 FOR. J~, HOBACE: Messrs. Corneli, Dillard, Pollard, Hebber, Wheeler, Young, and the President, Hr, Anderson ........................................ FO8 MRS. ALDERGOTTI: Hessrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Hr. Anderson .........................................?. INDUSTRIES: The City Clerk reported that at the meeting of the on July 5, 1961, he erroneously advised the body that the Industrial Committee, comprised of the seven members of the Counolle with Hr, Walter L. Young as Chairman, uss established by Resolution, and that subsequent thereto, at that meetlng, the body adopted a motion of Hr. Dillard directing the City Attorney to prepare a Resolution vacating the Chairmanship of the Industrial Committee and directing the said committee to reorganize and report its officers to the Council, the City Clerk pointing out that establishment of the Industrial Committee and appointment of the Chairman thereof had been by motion of the Council. Mr. Dillard then moved to direct the City Attorney to proceed to prepare the Resolution as directed by the Council and submit it at the next regular meeting. The motion was seconded by Dr. Cornell. Mr. Webber offered a substitute notion to rescind the action Of the Council at its meeting of July 5, 1961, directing the City Attorney to prepare the said Resolution, thus leaving the Industrial Committee as established. The motion was seconded by Mr. Wheeler and adopted, Messrs. Cornell, Dillard and Pollard C IVY CHARTER: Mr. Dillard stated that it would be necessary for the Charter Study Commission to meet and organize and moved to direct the City Clerk, when notifyin9 the members of their appointment, to call the initial meeting of the Commission for organization. The motion was seconded by Dr. Cornell and adopted. There being no further business, the Co*nell adjourned. APPROVED President COUNCIL, REGULAR MEETING, Monday, July 31, lqGl. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building, Monday, July 31, 1961. at 2:00 ,tel,ok, p. the regular meeting hour, with the President, Mr. Anderson, presiding. PRESENT: Messrs. Cornelia Dillard. Pollard, #ebber, Wheeler, Young, and the President, Mr. Anderson .................. ABSENT: None ...................... OFFICERS PRESENT; Mr. Arthur S. Oaens, City Manager. Mr. Randolph G. Whittle. City Attorney. Mr. #lilies F. Uriggs, Assistant City Auditor. and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend John A. Ricks, Pastor, Belmont Presbyterian Church. MINUTES: Copies of the minutes of the regular meeting held on July I?, 1961, and the adjourned regular meeting held on July 24, 1981, having been furnfshedl each member of the Council, upon motion of Mr. Wheeler. seconded by Mr. Pollard and adopted, the reading was dispensed with and the minutes approved as recorded. HEARIN~ OF CITIZENS UPO~ PUo£It; kaZ~ERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. p.. Mflndny. July 31, 1951. on the request Of R U and R Corporation and Eleanor G. Rodges to permanently vacate, discontinee and close all of that part of Crystal Spring Avenue, S. M., beginning at its intersection with Serpentine Road and running in a southerly direction the full distance thereof; also, a turn-around street on the west side of Crystal Spring Avenue. 300 feet. more or less, south of the inter- section of Crystal Spring Avenue and Serpentine Road, S. I~., and notice of the bearing having been published in The Roanoke World-News on July 14. 1951, and the City Planning Commission having previously recommended that the request be granted. the hearing Was held at uhich no one appeared in Opposition. Messrs. M. Carl Andrews and Claude A. Hodges appeared before the Council and stated that in their opinion construction of the subdivision, planned for the area through which the street is being closed, will create a dralnage problem which 423 424 Mr. Webber moved to concur in the recommendation of the City Planning Commission and offered the following Ordinance: (z144g$) AH ORDINAHC£ approving the permanent Vacating. discontinuing and closing of that part of Crystal Spring Avenue. S. H** Cformerly Virginia Avert,e) beginning with its intersection with Serpentine Road. $. H.. and running In a south- erly direction the full distance thereof as shown on the Hap of Crystal Spring Land Company. recorded in the Clerkts Office Of the Circuit Court of Roanoke County. Virginia. in Plat Rook 1o pages 102-103. and. also. an unnamed turn~arouod street or easement on the west side of Crystal Spring Avenue 2bO feet, more or less. south of the intersection of Crystal Spring Avenue and Serpentine Road. S. W** as shown on said map. RHEREAS. R. B. ~ R. Corporation has heretofore filed its petition before the Council of the City of Roanoke in accordance with law. in which petition it requested the Council to approve the permanent vacating, discontinuing and closing of that part of Crystal Spring Avenue and of an unnamed street oreasement herein- after described; and WHEREAS, there was filed with said petition an agreement in writing dated June 15. 1961. between R. B. ~ R. Corporation and Eleanor G. Hodges and Claude A. Hodges. her husband, said agreement being signea an~ acknowledged by said parties ia accordance with the provisions of Section 1~-766.1 Of the Code of Virginia, 19SO, as amended, which instrc~ent s~ts forth that'the parties thereto are the sole abutting property owners to said streets or easement and that they have agreed to permanently vacate, discontinue and close the same; and WHEREAS. the City Planning Commission has considered said proposal and has recommended that the Council approve the vacating, discontinuing and closing of said streets or easement as requested; and RREREAS, a public hearing on the proposed closings was held before the Council at its regular meeting on the 31st day of July, 19bl, after due and timely notice of such hearing, published in The Roanoke World-Hews, a newspaper of general circulation published in the City of Roanoke, at which public hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, it appears to the Council that the part of Crystal Spring Avenue and the unnamed street or easement sought to be vacated, discontinued and closed have never been and are not now open for public use; that it Is impractical to improve the same throughout for public use because of the nature of the terrain; that there are not presently located therein any public water lines, sewer lines, drains or other public improvements or facilities; and that such vacation will not abridge or destroy any of the rights or privileges of other property owners within the bounds of the area of land shown on said Hap of Crystal Spring Land Company. or ami of the public; and WHEREAS, It further appears to the Council that the petitioner, R. B. ~ R. Corporation, has agreed to bear and defray the costs incident to this proceeding. THEREFORE, RE IT ORDAINED by the Council of the City of Roanoke that that certain mritten agreement dated June 15. 1961, betmeen R. B. ~ R, Corporation and Eleanor G. Nodges and Claude A. Hodges, her husband, permanently vacating, disc,n= tinuing and closing that part of Crystal Spring Avenue. S. W,, (formerly Virginia Avenue), beginning with its interseotion with Serpentine Road. S. W.o and running in a southerly direction the full distance thereof as shomn on the Rap of Crystal Spring Land Company, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book l, pages 102-103, and. also, an unnamed turn, around street or easement on the west side of Crystal Spring Avenue 360 feet, more or less, south of the intersection of Crystal Spring Avenue and Serpentine Road. S, W., as shown on said map, be, and the same is hereby approved and confirmed by the Council of the City of Roanoke. BE IT ~URTRER ORDAINED that the City Clerk be. and he is hereby directed to attach to the aforesaid written agreement dated June 15. 1961, an attested copy Of this ordinance and, thereafter, cause the same to be admitted to record, at the expense of the aforesaid petitioner, in the Clerk*s office of the Hustings Court of the City of Roanoke, Virginia, and in the Clerk*s office of the Circuit Court for Roanoke County. Virginia, in order that said Clerks may, upon the recordation Of said papers in iL,ir respective offices, make proper notation on all plats and maps recorded in their said offices upon mhich are shown that part of Crystal Spring Avenue, S. W.. and the unnamed turn-around street or ~s;m~,t b~reanabove described and by said papers permanently vacated, closed and discontinued. BE IT FINALLY ORDAINED that the City Engineer be, and he is hereby directed to mark "Permanently vacated, discontinued and closed" on the maps and plats on file in the office of the City Engineer of the City of Roanoke, Virginia. whereon said part of Crystal Spring Avenue and the unnamed turn-around street or easement may be shown, referring to the book and page of the Resolutions and Ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread. Mr. Webber moved the Ordinance on its first reading. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Corn,Il, Dillard, Pollard, Webber, Wh'eeler, Young, and the President, Mr. Anderson ........... 7. NAYS: None .............O. ZONING: A public hearing having been set for 2:00 ,*clock, p. m.. Monday, July 31. 1961, on the request Of Mr. A. W. Howell, et al** that their property lying on the west side of Country Club Drive. N. W.. designated as Lots 4=33, inclusive, Cavalier Park, Official Tax Nos. 2660110-2660119, inclusive, and 2660123,11 be fez,ned from General Residence District to Business District. and notice of the hearin9 having been published in The Roanoke World-News on July 14, 1961, and the City Planning Commission having previously recommended that the request be granted. -426 and. further, that a setback line of ten feet on both sides of Country Club Drive, from Melrose Avenue to the Country Club property, to provide for eventual widening of the street to fifty feet, be established, the hearing was held at which no one appeared in opposition. The City Clerk advised the Council that a twenty-foot setback line has been established on the east side of Country Club Drive. between Melrose Avenue and the property of the Roanoke Country Club, by Ordinance No. 12430. adopted by the Council on the loth day of July. 195S. thus providing for future widening of Country Club Drive to fifty feet. Mr. James P. ~art. Jr., Attorney for the petitioners, appeared before the Council and requested that his clients* petition be granted. Mr. Pollard moved to concur in the recommendation of the City Planning Commission and offered the following Ordinance: ¢~14496) AN ORDINANCE to amend and reenact Title ~V. 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 lying on the west side of Country Club Drive, N. W., north of Melrose Avenue. designated as Lots 4-33. inclusive, Cavalier Park. Official Tax Nos. 2560110-2660119. inclusive, an~ 2660123, rezoned from General Residence Distri( to Business District; and WHEREAS, the City Plannin9 Commission has recommended that the hereinafter described land be rezoned from Ceneral Residence District to Business District; and WHEREAS, notice required by Title X¥. Chapter 4, Section 43. of The Code of the City of Roanoke. 1956. relating to Zoning, bas been published in "The Roanoke World-News** a newspaper published in the City of Roanoke, for the time required by said section; and RHEREAS. the hearing os provided for in said notice was held on the 31st day of July. lqbl. at 2:00 o'clock, p. m.. before the Council of the City of Roanoke at which hearing all parties in interest and citizens were given an opportunity to be heard both for and against the proposed rezonin9; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4. Section l, of The Code of the City of Roanoke. 19Sb. relattn9 to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located on the west side of Country Club Drive, N, W., north of Melrose Avenue, described as Lots 4-33, inclusive, Cavalier Park, designated on Sheet 266 of the Zonin9 Map as Official Tax Nos. 2660110-2660119, inclusive, and 2660123. be, and is hereby, changed from Oeneral Residence District to Dusiness District and the Zoning Map shall be changed in this respect. Mr. Pollard moved the Ordinance on its first reading. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: #essru. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President. Hr. Anderson ........... 7. NAYS: None ............. O. ZONING: A public hearing having been set for 2:00 o'clock, p. m** Honda/, July 31, lg61, on the request of Annie C. Jones and Eleanor R. Werrichs that their properties located on the northmest corner of Remorial Avenue and Cambridge Aven~e,t~ S. W** designated as Lots S and 6, Hogan Building Company, Official Tax Nos. 1330117 and 133011B, be rezoned from Special Residence District to Business Distric and notice of the hearing having been published in The Roanoke Wovld-Nems on July 14, ig6], ned tbe City Planning Commission having previously recommended that the request be denied, the hearing was held. Hr. Holman Willis, Jr.. Attorney for the petitioners, appeared before the Council and stated that in his belief and the belief of his clients the property along memorial Avenue. from memorial Hridge to Dennis*on Avenue. is no longer suit- able for residential purposes and shouldall be rezoned for business uses, and that one of his clients, Mrs. Annie C. Jones, who presently lives in Washington, D. C., has by letter Informed MFS. Merricks, the other client, that unless the property can be rezoned and sold to the Pure 0il Company, who proposes to erect a filling station thereon, she proposes to follow through on a contact she has already made with the N. Aa A. C. Po. requesting that they find a purchaser for the property, Mr. Willis presentinq to the Coy*mci! ~ petition ~eari~g sixty-two signatures of property owners in the general area requesting that the petition be granted. Mr. William B. Hopkins? Attorney. representing thirteen property owners lu the immediate vicinity of the property in question, appeared before the Council and presented a petition signed by bis clients, objecting to the rezoning, Mr. Hophins advising the Conncil that his clients believe that the City Planning CommissionOs conclusion that rezoning of the Property to business and erection of ali filling station thereon will he inimical to the interest of the residential neigh- borhood adjacent thereto and will greatly depreciate the value of the homes should be upheld, and requesting that the Council deny the request and sustain the recom- mendation of the City Planning Commission. Mr. Webber moved to deny the request. The motion was Seconded by Mr. Dillardand adopted. PETITIONS AND COMMUNICATIONS: AIRPORT: The City Clerk presented a communication from the Roanoke Chamber Of Commerce. advising that it has received ~nformatJon that Eastern AJrline~ proposes to cancel several Of its flights through the city. ~ffectJve the 1st day Of August, 1961, and requesting that the Council designate certain of its officials or Council members to Join Chamber representatives to discuss with Eastern Airlines the proposed flight cancellations. Mr. Jack C. Smith. Executive Vice President of the Roanoke Chamber Of Commerce, and Mr. Robert W. Woody. Chairman of the Chamber*s Airport Committee, 428 appeared before the Council and advised that they have been in telephonic communi- cation with Hr. L. O, Cameron. Assistant Vice President of Eastern Airlines. in New York; that Hr. Cameron stated he mill be pleased to discuss the proposed cancel- lotions with representatives of the city and the Chamber of Commerce; that while bis company will be happy to send representatives to Roanoke for this discussion. it is his opinion that if discussions can be held in New York at the company's offices more can be accomplished since all of tbs companyts records are there; and that loss of the flights proposed to be cancelled ~Jll eliminate through routes to and from Chicago and Detroit, as well as eliminate the most advantageous routes to Charlotte. North Carolina, and Atlanta. Georgia. After considerable discussion of the matter. Mr. Wheeler moved to refer the request to the city's Airport Committee for study and recommendation. The motion mas seconded by Mr. Dillard. Dr. Coroell offered a substitute motion to designate the Chairman of the city's Airport Committee to accompany Chamber representatives to New York to discuss the matter. Yhe motion was seconded by Mr. Pollard and lost, Messrs. Corneil. Dillard. Webber. Wheeler. Young. and the President. Mr. Anderson. voting Mr. Wheeler*s motion mas then adopted, the President. Mr. Anderson. voting no. It being pointed out that the action of the Council does not provide for *~5 T-p~,s~,t*tive$ ofth~ city to ~ccompany Chamber representatives to ~ew Yorh in the immediate future. Dr. Cornell moved to empower the Airport Committee to name at least four representatives of the city to accompany the representatives of the by Mr. Young and adopted. MAYER DEPARTMENT: Zhe City Clerk presented a communication from Mr. H. Solomon. In0§ Rugby Boulevard, N. W.. advisin9 that he is the owner of property at 219 McDowell Avenue. N. W.. which is rental property; that he received an unusually large water bill for that property, said property being presently vacant, and dis- covered that during the period of the billing there mas a leak in toilet facilities attempts to obtain an adjustment on the water bill from the Mater Department. Mr. Dillard moved to refer the matter to the City Manager for investigatie SCHOOLS: Pursuant to a request of the Council at its meeting of July 1961. the Roanoke City'School Hoard submitted its report concerning the complaint Of the Highland Park Citizens Committee that it has been unable'to obtain aa answer from the School Board concerning n proposal it made to the said board concerning the transfer of pupils, to the new Patrick Henry High School and that the said committee is fearful that the proposals of the School Hoard for such transfers will cause Jefferson nigh School and Lee Junior High School to lose the acadeuic proricieaoy necessary for students preparing rot college.entrance, the School Hoard advising that its plan for transfer or students uns established and explained to the citizens durlog, the 195B bond campaign; that the consensus of the board is that it will be unreasonable to expect the board and staff to destroy the plan upon which atten- dance is predicated, but. ia un attempt to find out the number of pupils involved. it suggested to the said canal,tee that it furnish a list of p~pJls desiring to attend Patrich Henry High School. which said canal,tee has oat done; that at numerous meetings between the board and/or the Superintendent and the Highland Parh Citizens Committee the matter has been discussed and that the committee has been assured that teacher qualifications in all the schools will be comparable and that Jefferson High School will be an accredited high school; that subsequent to numerous! meetings the School Superintendent reported to the School Board. recommending that the plan for housing of pupils as previously approved by the board be followed for the school year 1901-02. also. that changes from the present assignments for,he 1961-62 school year be made'on the basis of individual hardship cases or cases affected by curricular offerings, requests for such changes to be made in writing to the Superintendent by August 15, 1961; that these recommendations were approved by tlc ~oard at its mc~tlng o£ ~uly 14, i~ol. at which representatives of the Citi- zens Committee were present; and that it has consistently stated that Jefferson High School will remain a strong and accredited hioh school with ~ str~n~ f~cnlty, as will all city high schools. Mr. Webber moved to direct the City Clerk to furnish the Highland Park ti Citizens Committee with a copy of the School BoardOs report. The motion was seconded by Mr. Wheeler and adopted, CITY CHARTER: The City Clerk presented a communication from the Citizens Protective Association and a communication from the Peoples Voterts Leagu~ expressing disappointment that there were no negroes appointed on the Charter Study Commission by the Council at its meeting Of July 24, 1961, or on other commissions appointed at that time. Mr. Young stated that he did not agree with the method selected for appoint- ment of members of the Charter Study Commission at the time it was set up and moved to direct the City Attorney to prepare a Resolution amending Resolution No. 14461, which created andprovided for appointment of the Charter Study Commission. by add- ing onemember, making a total of.fifteen, such member to be elected by the Council. The motion was seconded by Mr. Rheeler and lost. Messrs. Corflell. Dillard. Pollard. and the President. Mr. Anderson, voting no. LICENSES: The City Clerk presented a communication from the Boanohe Automobile Dealers Association, requesting a reduction in license taxes on retail automobile dealers and pointing out that during the first six months of 1961. the City of Roanohe lost three retail automobile dealers, it being the opinion of the association that the high merchants license tax on these dealers is the cause for such losses. 429 430. Appearing before the Council in connection with the communication were Hr, Charles N. Freeano end Mr, ~. A, Jarrett, Mr. Jnrrett advising the Council that his company, Mright Motor Corporation. iS one of the new car dealers who ceased operation in the city in the retail sale of automobiles nad decided to do repair. work only after July I of this year. but has been forced to pay the second hair of its 1961 license taxes amounting to $1,S69,62 under the present License Tax Code, end that in his opinion its next yearts business, although it is not in the retail sales business, will be based on this yearns gross sales, which he does not consides to be fair. Mr. Young moved to refer the question of Nright Motor CorporatJon*s license taxes to a committee composed of Messrs. Arthur S. Omens. Chairman, Harry R. Yarns and Randolph G. Mhittle for study and recommendation. The motion was seconded by Mr. Nheeler and adopted. Mr. Nheeler then moved to refer the request Of the Roanoke Automobile Dealer's Association to the License Tax Study Committee composed of Messrs. Randolph G. Mhittle, Chairmnn. charles M. CoFnell, Ilarry R. Yarns and Andrew M. Gilbert, to which committee the same request has previously been referred, with instructions that the committee report thereon by the 1st of November, 1961. The motion was seconded by Mr. Young and adopted. POLICE D£PARTMEN?: ?be City Clerk presented a report of the State Depart- Block 2, Yardley Square, Official Tax Nos. 2170402, 2170403 and 2170424, located on Bank of Roanoke, requesting that Lots 25 and 26, Viewmont, Official Tax No, 2660515 Hr. Wheeler moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Dr, Cornell and adopted. REPORTS OF OFFICERS: WATER DEPARTR£NT: The City Manager presented a request of the Town of Vinton that it be authorized, in accordance with Rule 37 of the Water Department Rules and Regulations, to enlarge the area of its water service to include the following area: #REGINNING at a point In Wolf Creek at its intersection with a small branch (which branch is immediately South of the C. L. Rush boeepluce); thence in an Rusterly direction about SOO feet to a point on the Northerly side of the Old rille Road; thence ~along said road to its intersection with the Rortherly side of Virginia State Highway Route 24: thence along Route 24 to the Westerly Right of Nay line of the Blue Ridge Parkway; thence following the Partway South to its intersection with the Northerly Right of Way line of the Norfolk nad Western (formerly Virginian) Railway Company; thence along the Northerly Right of Way line of the said Railway Company to its intersection with the center line of Naif Creek; thence along the center line of Naif Creek as it meanders to the point of BEGINNING: Also the 125 acre t tract of land now owned by T. Martin Bush on Chesnut Mountain east of the Blue Ridge Parkway.u It appearing that this request includes the Lindenwood Subdivision, the owners Of which having previously requested the Council for water service and whichi request having been referred to a committee for study and recommendation, Mr. hheei~r moved to refer the request of the Town of Vinton to the same committee composed of Messrs. Benton O. Dillard, Chairman. Roy L. Nebber, Nalter L. Young and Arthur S. Owens for study and recommendation. The motion was seconded by Dr. Cornell and adopted. SCHOOLS-STREETS AND ALLEYS-WATER DEPARTMENT: The City Manager presented a communication from the Supe.rintendent of Schools. requesting that Ferncliff Avenue be extended from Dershberger Road to the William Fleming High School, in Roanoke County, to provide ingress to the said school, the City Manager advising that in order to extend the avenue it will be necessary to acquire property for right of way. Nr. Mebber moved to refer the matter to the City Manager for appraisal and negotiation with property owners for the land required for right of #ay for the extension and report thereoa to the Council. The motion was seconded by Nr. Rheeler and adopted. STREET LIGHTS: The City Manager recommended the installation of a street light in the middle of the 4gO0 block of Plorist Road, N. N. Mr. Dillard moved to concur in the recommendation and offered the following Resolution: (~14497) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light in the middle of the 4gOO block of Florist Road, N. W. (For full text of Resolution. see Resolution Rook No. 25, page 45.) 431 432 Hr. Dillard moved the adoption of the Resolution, The motion mis seconde~ by Mr. Mheeler and adopted by the following vote: AYES: Nessrs. Cornell. Dillard. Pollard, ~ebber, Yheeler. Young, and the President, Mr. Anderson ........... ?. NAYS: None ............. O. APPOINTMENTS: The City Manager reported the appointment of Mr. William L, Whlteside. Marietta, Georgia, as Director of Libraries for the City of Roanoke, effective September 1o 1961. Mr. Wheeler moved to file the report. The motion was seconded by Mr. Pollard and adopted. BUDGET-STADIUM: The City Manager requested a transfer of $4,6S0.00 from Repairs under Section nil2. "Stadium and Athletic Field", to Section n144. "Depart- mental Equipment and Improvements", of the 1961 Budget. to provide for improvements to the press box at Victory Stadium. Mt. Wheeler moved to concur iu the request and offered the folioming emergency Ordinance: (=14490) AN ORDINANCE to amend and reordain Section ~ll2, "Stadium and Athletic Field," and Section ~144, "Departmental Equipment and Improvements." of the 1~61 Appropriation ordinance, and providing for ab (For f~ll text of Ordinance. see Ordinance ~ook NO. 25. page Mr. Wheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Pollard and adopted by the folloming rote: AYES: Messrs. Cornell, Pollard, Webber, Wheeler, and the President. Mr. Anderson ...................................... 5. NAYS: Messrs. Dillard and Young ........ BUDGET-RECREATION DEPARTMENT: The City Manager requested a transfer of $300.00 from Repairs under Section till, "Parks and Recreational Areas", to Section =144, "Departmental Equipment and Improvements", of the 1961 Budget, to provide for paving of a tennis court at the Villa Heights Community Center. Mr. Dillard moved to concur in the request and offered the following emergency Ordinance: (=14499) AN ORDINANCE to amend and reordain Section =ltl, "Parks and Recreational Areas," and Section ~144. "Departmental Equipment and Improvements," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 46.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the followin9 vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President. Mr. Anderson .......... T. NAYS: None ............. O. BUDGET-HEALTH DEPARTMENt: The City Manager recommended the establishment of a $25.00 change fund in the Health Department, which is needed in connection with the sale of birth and death certificates. Mr, Webber moved to direct the City Attorney to prepare a Resolution esteblishing the change fund as requested. The motion ~as seconded by Mr. Wheeler and adopted, BUDGET*ELECTIONS: The City Manager presented a communication from the City Sergeant, requesting that funds be appropriated for the purchase of 93 chairs and 2 tables for use in the city*s voting precincts, the estimated cost being approximately $l,800,00 to $2.000.00, and advising that a portion of the tables and chairs for the precincts have been replaced this year, and that the others are in bad shape. The Council Mas advised that the funds for purchase of half of the needed tables and chairs Mere included in the 1960 budget with the understanding that the remainder mould be replaced this year. Mr. Dillard moved to concur in the request and offered the following Ordinance appropriating $2,000.00: (n14500) AN ORDINANCE to amend and reordain Section ~144, "Departmental Equipment and Improvements," of the 1961 Appropriation Ordinance, BE IT ORDAINED by the Council of the City of Roanoke that Section =144, WDepartmental Equipment and Improvements," of the 1961 Appropriation Ordinance, be, and tuc name is hereby, amended and reovdained to read as follows, in part: DEPARTMENTAL E~UIPR~NT AND IMPROVEMENTS g144 (I) ......... ~197.669.76 (1) Electoral Tables nnd Chairs Board - 132 for Voting Precincts Mr. Dillard moved the Ordinance on its first reading. The motion Mas seconded by Dr. Cornell and adopted by the follomin9 vote: AYES: Messrs. Cornell, Dillard, Pollard. and Webber .................4o NAYS: Messrs. Wheeler, Young, and the President. Mr. Anderson .......3. CLAIMS-SEgERS AND STORk DRAINS: The City Manager requested the Council. by Resolution, to authorize payment Of a judgment obtained against the city by Mr. Roy M. JennlnBs for damages to his property In the Wllltamson Road area, amounting to $17,990.O5, and, also, to appropriate $20.439.48 to pay for the Judg- ment and court costs, Mr. Young moved to concur In the request and offered the following Resolution: (a14501) A RESOLUTION providing for the payment of a ~ertain judgment recently recovered against the City and of the costs and expenses incident thereto. (For full text of Resolution, see Resolution Book No. 25. page 47.) Mr. Young moved the adoption Of the Resolution. The metion was seconded by Mr. Pollard and adopted by the following vete: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler. Young, and the President, Mr, Anderson ............... ?. NAYS: None .....................O. 433 434.. Mr. Young then offered the following emergency Ordinance appropriating the necessary funds: (w14502) AN ORDINANCE to tweed end reordalo Section wlSO, WJudgmeots and Losses,# of the 1961 Appropriation Ordinance. and providing for en emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 47.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Yessrs. Cornell, Dillard, Pollard, Webber. Wheeler, Youeg, and the President. #r. Anderson .............. NAYS: None ....................O. CROSSOVERS: The City Manager presented a request of Towers Shopping Center that it be authorized to install a 40-foot wide crossover into its place of business on the Times-World Corporation's property on Twenty=third Street, WP. Wheeler moved to concur Jn the request and offered the following Resolution: (a14503) A RESOLUTION authorizing the Director of Public Works to issue a permit to the Times-World Corporation to construct a crossover 40 feet wide Jato the entrance of property occupied by the Towers Shopping Center on the northeasterly side of 23rd Street, S. W.. northwest of Colonial Avenue. (For full text of Resolution, see Resolution Book No. 25, page 48.) Mr. Wheeler moved the adoption of the ~esolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Ressrs. Cornell, Dillard. Pollard. Mebber, Wheeler, Young, and the President, Mr. Anderson ............... 7. NAYS: None .....................O. BUDGET-CITY PROpERTY-ROBERT E. LEE PLAZA: The City Manager presented a communication from the City Planning Commission, approving a plan of the Central Council of Garden Clubs and the Roanoke Chapter of the United Daughters of the Confederacy for beautifying and landscaping the Robert E. Lee Plaza, under which plan the two organiaations propose to expend up to $2,000.00, the City Manager advising that the organizations requested that the city install mater service, make certain sidewalk improvements, and proride for other minor items, the cost of which will be about $3gO.00, and recommending that the Council concur and appropriate the necessary funds for the work to be performed by the city. Mr. Webber moved to direct the City Attorney to prepare a Resolution approvinR the plans Of the two organizations and authorizing the work to be performed. The motion was seconded by Dr. Cornell and adopted, ~essrs. Dillard and Wheeler voting no. BUDGET-AIRpORT: The City Manager requested an appropriation of $42.00 to pay for advertising ia connection with receiving bids for work on the access road and parking area to serve Airport Building No. 4, Piedmont Hangar, at the Municipal Airport. t 8 g Mr. Young moved to concur in the request and offered the following emergency Ordlnasce: (s14504) AN ORDINANCE to amend and reordaia Section z144, 'Departmental Equipment and Improvements," of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 25, page 49.) Hr, Young moved the adoption of the Ordinance. The motion was seconded by Hr, Wheeler and adopted by the following vote: AYES: Ressrs. Cornell. Dillard, Pollard, Webber, Mheeler, Young, and the President, Hr. Anderson ............... NAYS: None .....................O. SERERS AND ~TORR DRAINS: The City #anager reported that, in connection with the petition of owners and tenants of business houses on 3 1/2 Street, S. for relief from flooding conditions, he has applied to the State Rater Control Board for assistance and has been informed by the said board that the area is ineligible under its present rules and appropriations for federal participation under the Federal Water Pollution Control Act, the City Manager advising that unless lhere is a substantial appropriation of funds for this purpose he has little hope of improve- ments at the present time; however, he will continue to work with the Nater Control Hoard iff the hope of obtaining assistance at a later date. MFo Yn.n~ .oved to file the report. The motion was seconded by Mr. Wheeler and adopted. DAMS: The City Manager reported that he and the Mayor attended a meeting in Danville. Virginia, on the request Of the Honorable Julian R. Stinson, Mayor of the City Of Danville, along with officials Of other municipal governments adjacent t~ the Smith Mountain Dam area. and that at the said meeting it was decided to form a Steering Committee composed of representatives of those governments to further the interest of those communities in planning the area surrounding the said dam impound~I mens. the City Manager recommending that the Council appoint a city representative to serve On that committee. Mr. Webber moved to direct the City Attorney to prepare a Resolution appointing the Mayor to serve on the committee. The motion Was seconded by Mr. Wheeler and adopted. SEWERS AND STORM DRAINS-Ih~HSTRIES: The City Manager submitted a tabula- tion of bids received for construction of sanitary sewers and storm drains to serve the Blue Ridge Path for Industry. showing the bid of Gimbert and Gimbert. in the amount of $16,981.?O, as low, and recommended acceptance of the low bid, the City Manager advising that an appropriation of funds will he necessary for the contract. Mr. Rheeler moved to concur in the recommendation*and offered the following emergency Ordinance accepting the bid of Ginbert and Gimbert: 435 436, (n14505) AN ORDINANCE accepting the proposal of GIBbert ~ Glnbert. Inc., for construction of a sanitary sewer nnd storm drain in connection mlth the develo Bent of the Blue Ridge Park for Industry; authorizing the proper City Officials to execute the requisite contract; rejecting all other bids; and providing for an emergency. (For rail text of Ordinance, see Ordinance Dock No. 25, page Hr. ~heeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, #ehber, #heeler, Young. and the President, Mr, Anderson ............... 7. NAYS: None .....................O. Mr. Mheeler then offered the folloBing emergency Ordinance providing necessary funds, including $36.00 for advertising: (m14506) AN ORDINANCE to amend and reordaifl Section =i4l, ~Sewer and Drain Construction." of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Dock No. 25, page $0.} Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard. Webber. Wheeler, Young, and the President, Mr. Anderson ............... 7. NAYS: None .....................O. ~ATER DEPARTMENT-INDUSTRIES: The City Manager presented a tabulation of bids received for installation of water mains to serve the Blue Ridge Park for Industry, showing the bid of Corer Construction Company. in the amount of $15,908.6( as Iow, and recommended acceptance of the low bid. the City Manager advising that the pipe and fittings for this installation will be furnished by the #ater Depart- ment off the basis of present prices and that appropriation of fuods amounting to $60,653.68 will be necessary for the entire project. Mr. Wheeler offered the following emergency Ordinance accepting the low bid: (n14507) AN ORDINANCE accepting the proposal of Corer Construction Company, Inc., for installation of water mains in Roanoke City and County to serve Blue Ridge Industrial Park; authorizing the proper City Officials to execute the requisite contract; rejecting all other bids; and providing for an emergencT. (For full text of Ordinance, see Ordtoance Rook No. 25. page 51.) Mr. Wheeler moved the adoption of the Ordinance. The motion Bas seconded by Mr. Dillard and adopted by the followin~ vote: AYES: Messrs. Cornell, Dillard. Pollard. ~ebber, ~heeler. Young, and the President, Mr. Anderson ............... 7. NAYS: None .....................O. Mr. Wheeler then offered the following emergency Ordinance appropriating necessary funds: (#14508} AN ORDINANCE to amend and reordain 'Non-Operating Expense · of the 1961 Water Fund Appropriation Ordinance. and providing for an emergency. (FOr tull text or Ordinance. see Ordinance Book No. 2S. page Mr. Wheeler moved the adoption of the Ordinance. The motion was secnnded by Hr. Young and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber. Wheeler. Young. and the President, Hr. Anderson ............... NAYS: None .....................O. REPORTS OF COMMITTEES: CLOSING HOURS: Council at its meeting of July 17. 1961, having referred to a committee composed of Messrs. Vincent S. Wheeler. Chairman. Charles M. C,moll and Randolph O. Nhittle for study and recommendation a request of Lendy's that the City Code be amended to permit restaurants to serve food. etc.. outside of their buildings after midnight, the connittee submitted its rep,Ft, advising that in its present Judgment service of food by such establishments outside of their buildings should be permitted until 1 ,°clock. a. m.. and recommended that the City Code be amended to provide therefor. Dr. C,moll moved to concur in the recommendation of the committee and offereo t~e f,Il,wing emergency Ordinance: (~14509) AN 0RDI~A~CE to amend and reordain Sec. 14 of Chapter 6 of Title XXilI of The Code of the City of Ream,he, IO~6; nnd providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 2S. page SR.) Br. C,moll moved the adoption of the Ordinance. The motion was seconded by RF. Dillard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ................... NAYS: None .....................O. UNFINISHED BUSINESS: STREETS AND ALLEYS: Council at its meeting of June 19. 1961. having referred to the City Planning Commission for study and recommendation the question of establishing a public street or alley, extending from Salem Avenue to Norfolk Avenue. S. W.. in the vicinity of Fourth Street, the City Planning Commission sub- mitted its report, advising that in its opinion such a public way is needed and should be established. Mr. Webber moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. ZONING: Council at its meeting of June 19, 1961, having referred to the City Planning Commission for study and recommendation a suggestion of the Roanoke Valley Real Estate Board that the entire area lying between Sbennndoah Avenue and Orange Avenue. N. E., extending from F,,rrb Street to the Shenandoah Valley Divisio~ Of the Norfolk and Western Railway Company. be fez,ned to Light Industrial District 437 438 or Business District, tbe City Planning Commission submitted its report, advising that the entire zoning structure of the city is now under consideration by both the City Planning Commission amd the City Council, in which study the area in question is being considered, and recommending that no action be tnhea at this time. Mr. Rheeler moved to concur in the report. The motion was seconded by Hr. Young and adopted, Mr, Dillard voting no. GARBAGE REMOVAL: Council at its meeting of July 17, 1961, having dlrecte* the City Auditor to furnish it an estimate of the cost of collecting garbage in the residential areas of the city on a semi-weekly basis during the months of July and August of each year, the City Auditor submitted his report, advising that there are four ways in which the proposed collections can be made at varying costs, as follows: '1. Using present equipment and a plan of sending two men out ahead of the collecting vehicles to bring containers to the curb, ft is believed semi-weekly collections cou]d be made by employing extra men at a labor cost of approxi- mately $33,g94.00. Using present equipment and working four hours additional per day at overtime rates, it is believed that semi-weekly collections could be made at a cost of $65.111.40 for labor and an additional $2,500.00 for gasoline and oil. 3. By .sin9 a method in existence in other localities, namely, that of requiring the householder to ~ace his containers on the curb. it is believed that semi-weekly collections could be made with no additional labor costs. d. Dy purchasing ten 16-yard packers with an initial capital outlay of $105,U00.00. The operational cost for drivers and helpers Mould be $13.392.00 and gasoline and oil $1.200.00. Under this plan, the load packers would be idle for ten Mr. Dillard moved to file the report. The motion was seconded by Mr. Pollard and adopted. BUDUET-DEPARYMENT OF PUBLIC ~ELFARE: Council at its meeting of July 17, lgGl, having laid over until its next regular meeting the proposed State Budget for the Welfare Department, covering the period from July 1. 1961. to June 30, 1962, and at the same time having directed the City Auditor.to examine the proposed budget and report to the Council the total cost to the city from its local funds should the budget be adopted, the City luditor*s report was presented, advising that the cost to the city of the proposed budget is $252,618.72. Yhe Director and the Superintendent of Public ~elfare appeared before the Council and explained that the increase is occasioned by a general increase in costs; that insofar as they are aware there are no persons on the relief rolls who are employable, and that everI effort is being made to keep the cost damn. Mr. #heeler moved to direct the City Attorney to prepare a Resolution approving the proposed budget. The motion was seconded by Rr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INYROOUCTION A~) CONSIDERATION OF ORDINANCES A$~ RESOLUTIONS: SPECIAL PERMITS-STREETS AND ALLEYS: OrdinsaceNo. 14486, authorizing the continued encroachment of the building located on the southerly 5H feet or Lots I nad 2, Section 6. Hap of Edgewood Addition to the City of Roanoke, over the east line or H 1/2 street, s. E** and the north line of a ceftin IS-foot alley, having previously been before the 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: (a144C6) AN ORDINANCE authorizing the continued encroachment of the building located on the southerly 50 reel of Lots I and 2, Block 6, Hap of the Edgeuood Addition to the City of Roanoke, over the east line of 8 1/2 Street, S. E.~ and tho north line of a certain IS-foot alley, (For full text of Ordinance, see Ordinance Hook No. 25, page 43.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote; AYES: Messrso Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............... NAYS: None ..................... O. EASEMENTS-APPALACHIAN pOWER COMpANY-SCHOOLS: Ordinance No. 14494, pro- riding for the exccutio~ and oelivery Of a certain deed Of easement from the City to Appalachian Power Company relative to an underground electric transmission line!! OF lines through a portion Of the city*s Round Hill School property, having pre- viously been before the Council for its first reading, rend and laid over, was again before the body, Hr. Wheeler offering the following for its second reading and final adoption: (=14494) AN ORDINANCE providing for the execution and delivery ufa certain deed of easement from the City to Appalachian Power Company relative to an underground electric transmission line or lines through a portion of the City's Hound Bill School property. (For full text of Ordinance, see Ordinance Rook No. 25, page 44.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber. Wheeler. Young, and the President, Mr. Anderson ............... NAYS: None .....................O. TRAFFIC: Council at its meeting of July 17, 1961, having directed the preparation.of au Ordinance to provide for expansion Of the present traffic surveyI being made by the Virginia Department of Highways, under Ordinance No. 14045, to a regional survey, including the City, the Counties of Hotetourt and Roanoke, and the Towns of Salem and Vinton, and, also, providing for a regional traffic and transportation study covering the same area, Mr. Wheeler offered the following emergency Ordinance: 439 440 (XidSlO) AN ORDINANCE conditionally nutknriaing the City Manager to cerise tke City ¢oaprehenslve traffic surrey presently being made by the ¥irginla Deportment of Blghwsys, pnrsnant to Ordiesnce NO, 14045, to be extended to a regloenl comprekeusive traffic surrey including the City. theCounties Of Roanoke and Botetourt nad the Towns of Salem and ¥inton and. further, agreeing subsequently to participete in the preparation of a regional traffic and ~raasportatlon plan embracing the same region, both as requested by the Roanoke Valley Regional Plan- ning Commission; and providing for aa emergency. (For f,ll text of Ordinance. see Ordinance Book No. 25. page 53.) Mr. ~heeler moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Ressrs. Cornell. Dillard. Pollard. Mebber. ~heeler. Young. and the President, Hr. Anderson ............... NAYS: None .....................O, CHAMBER OF COMMERCE-STAYE IIIGBMAY$-PARES A~ PLAYGROUNDS: Council at its meeting of July 17, 1961, harln9 directed the preparation of a Resolution requestln! the Federal Government to proceed with planning and construction of the last portio~ of the Blue Ridge Parkway necessary to complete said Parkway east of Roanoke, and in so doing include therein a spur to the top of Mill Mountain as a part of the project, Yr. Dillard offered the following Resolution: (=14511) A ~SnL~TION req,~stin~ the Honorable Stewart L. Udall, Secretary of the Department of the Interior of the United States, to proceed with the planning and construction of the one uncompleted' section of the Blue Ridge Parkway in the Commonwealth of Virginia and, in so doing, to include in such planning and construction a spur to the top of Mill Mountain, (For full text of Resolution, see Resolution Book No, 25, page 54.) Mr. Dillard moved the adoption of the Resolution. The motion Was seconde~ by Br. Cornell and adopted by the followin9 vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Mheeler, Young, and the Pres i~dent, Mr. Anderson ............... 7. NAYS: None .....................O. FIREARMS: Council at its meeting of July 17, 1961, having directed the preparation of a Resolution approving a shooting range On the Norfolk and [estern property, south of Dreckenridge Avenue, No W., near Thirty-first Street, as recom- mended by the City Manager for the Police Department and as requested by the Roanoke Skeet Club for its use, Mr. Dillard offered the following Resolution approvin9 the shootin9 range for the Police Department: (~14512) A RESOLUTION approving the use of an area, within the corporate limits, as a Police target range by the Police Department of the City of Roanoke. (For full text of Resolution, see Resolution Book NO. 25, page Mr. Dillard moved the adoption of the Resolution. The motion ~as seconde~ by Mr. ~heeler and adopted by the following vote: AY£S: Bessrs. Coraell, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ............... ?. NAYS: None ....................O, Mr. Wheeler then offered the following Resolution approving the skeet range for the Roanoke Skeet Club: (a14513) A RESOLUTION approving the use of an area, within the corporate limits, as a skeet range by the Roanoke Skeet Club. (For full text of Resolution, see Resolution Book No. RS. page Wr. Wheeler moved the adoption of the Resolution. Yhe motion Was seconded by Mr. Yoang and adopted by the following tote: AYES: Messrs. Cornel]. Dillard. Pollard. Mebber, Wheeler. Young~ and the President. Mr. Anderson ............... T. NAYS: None ..................... O. HOUSING-SLUM C£EARANCE: Council at its meeting of July 17. 1961, having directed the preparation of a Resolution thanking the members of the United States Congress who had a part in the adoption and amendment of the Federal Dousing Law relieving the City of Roanoke in connection with the Commonwealth Redevelopment Project. Mr. Mheeler offered the following Resolution: (~14~14) ~ ~50LUglO~ expressing the appreciation of this Council to certain members Of the ~?th Congress of the United States for their services in having Sec. 312 incorporated in the Bousifl0 Act af lO~l. approved June 3C, 1~1. (For full text of Resolution, see Resolution Book No. 25. page 57.) Mr. Wheeler moved the adoption of the Resolution. The motion Nas seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Rheeler. Young, and the President, Mr. Anderson ............... ?. NAYS: None .....................O. MOTIONS AND MISCELLANEOUS BUSINESS: HOUSING-SLUM CLEARANCE: The City Clerk reported that the term of Mr. John F. Newsom, Jr., as a member of the City of Roanoke Redevelopment and Housing Authority will expire on August 31, 1961, the term being for four years. Upon call from the Chair, Mr. Dillard placed in nomination the name of Mr. John Ye Newsom, Jr., for reelection as a member of the City of Roanoke Redevelop- meet and Housing Authority for a term of four years beginning September 1, 1961. Mr. Wheeler moved to close the nominations. The motion was seconded by Mr. Young and adopted. Mr. John P. Newsom. Jr., was reelected a member Of the City of Roanoke Redevelopment and Housing Authority for a term of fear years beginning September 1, 1961,by the following vote: FOR MR. NEWSOM: Messrs. Cornell, Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr, Anderson .............. There being no further business, the Council adjourned. APPROVED Cie] 441 442 COUNCIl., REGULAR MEETING, Monday, August 14,' 1961, The Council of the City of Roanoke met in regular meeting In the Coaacll Chamber in the Municipal Building, Monday, August 14, 1961, at 2:00 o'clock, p. m.. the regular meeting hour, with the President, Mr, Anderson, presiding. PRESENT: Messrs. Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr. Anderson .......................... 6, ABSENT: Dr. Cornell ................... OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Hr, Randolph Nhittle, City Attorney. Mr. Barry R, VaSes, City Aaditor, and Mr. J, Robert Thomas, City Clerk, INVOCATION: The meetin9 was opened with a prayer by the Reverend Rolen C, Halley, Pastor, Cave Spring Baptist Church, MINUTES: Copy of the minutes of the regular meeting held on July 1961, having been furnished each member of the Council, upon motion of Mr. Mheeler. seconded by Mr, Pollard and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: $CUOOLS: The Council at its meet lng of July 31, 1961, having laid over until its next regular meeting the report of the School Board concerning the complaint of the Ilighland park Citizens Committee with reference to assignment of pupils to Lee Junior High School and Jefferson High School. the matter was again before the body. Rr, M, Prestoa La;ch, Chairman of the'Highland Park Citizens Committee, along with a number of the committee*s members, appeared before the Council and presented a chronological statement of the committee's requests and appearances before the Roanoke City School Board, advising that, among other things, the housing plan adopted by the School Board on July 14, 1961, does not meet the overall concern of the said committee, and that the said committee is not satisfied with the report submitted by the School Board to the Council at its meeting of July 31, 1961, the Highland Park Citizens Committee requesting that the Council hold a closed meeting with the School Hoard and representatives of the Highland Park Citizens Committee to restudy the situation and discuss the questions per- taining to enrollment, academic standards and future concern for the children. Mr. Webber moved to set a meeting as requested for ?:30, p. m., August 24, 1961. in the Council Chamber, The motion was seconded by Mr. Dillard and adopted. PETITIOFt5 AND ~OMMUNICATIONS: BUDGEZ-CITy CHARTER: The City Clerk presented a communication from the Charter Study Commission, requesting an appropriation of $500.00 to cover initial expenses of the said commission. Mr. Dillard moved to concur in the request and offered the following emergency Ordinance: (e14515) AN ORDINAHCE to amend nad reordain Section el. 'Coaccll." of the 1961 Appropriation Ordinance. nnd providing for nn ewergency. (For fall text of Ordinance. cee Ordinance Hook Ho, 25. page Hr. Dillard moved the adoption of the Ordinance. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Messes. Ofllard. Pollard. Yebber. Wheeler. Young. ned the President. Hr. Anderson .............................. HAYS: Hone ................................O. (Dr. Coroell absent) SCHOOLS-SIDEWALK. CURB AND HUTYER-$TREET5 ANd ALLEYS: The City Clerk presented a communication from the R,an,he City School Board, transmitting deeds of conveyance from Mrs° Mabel P. Hudgins and Mr. O. A. Lair,on. conveying to the city, in fee simple, portions of their property lying on and abutting R,ntt Road, between Cove Road and the new Milldam Fleming High School property, the Board advising that the property offered will provide for a 60-foot access road into the said school and recommending that the Council authorize the acceptance thereof. Hr, Pollard moved to concur in the recommendation and offered the following emergency Ordinance: (=14516) AN ORDINANCE providing for the acquisition of certain land in Roanoke Count~ to provide for a public road extending from the Cove Road to the ~ity*s new Milldam Fleming High School; and providing for an emergency. (For full text of Ordinance, see Ordinance H,oh Ho. 250 page Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Hheeler and adopted by the following vote: AYES: Messes, Dillard, Pollard, Webber, Hheeler, Young, and the President. Mr. Anderson .............................. HAYS: ~one ................................O. (Dr. C,mall absent) ZOHING: The City Clerk presented a petition of a number of property owners, requesting that the properties located on both sides of Patterson Avenue. S. M.,' between Eighth Street and Twentieth Street. be rezoned from the present zoning district to Business District. Hr. Dillard moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Hr. Wheeler and adopted. pENS IOH$: The City Clerk'presented a communication from the Board of Trustees, Employees* Retirement System, transmitting a copy of a statement of securities held, as appraised on June 30, lgol, by tbe Investment Advisory Committee. Mr° Wheeler moved to file the report and to direct the City Clerk to express the Council's appreciation to the Investment Advisory Committee for its services. The motion was seconded by Mr. Pollard and adopted. TRAFFIC: The City Clerk presented a communication from Kathleen O, Zollman, 926 Palm Avenue, H. W,, transmitting two letters written to the City Manager, requesting that stop signs be placed on the north and south sides of Palm Avenue at its Intersection with Olive Road, N. W., and advising that the City Manager has not given a satisfactory answer to the request. '443 .A44 Mr, Webber moved to refer the request to the City Manager for study and report. The motion was seconded by Mro Dillard and adopted. ELECTIO;~S: The C Jay Clerh presented n communication from the £1ectornl Board, requesting that South Ronnoke Precinct n3 and Mllliamson Road Precinct a2 be divided into tmo precincts each. Mr. Rheeler mored to caocur fn the request and offered the follomiog emergency Ordinuncet (~14517) AN ORDINANCE tm amend and reordain Sec, 40, 'South Roanoke Precinct No. 3', Sec. 54, 'WillJamton Road Precinct No, 2' and Sec. 55. 'Voting place in Williamson Road Precinct Noo 2* of Chapter 2, *Precincts and Voting Placest of Title I¥, 'Elections* Of The Code of the City of Roanoke, 1956, and further amending the aforesaid Chapter 2 by adding four hem sections thereto, being Sec. 49 (a) *Fishburn Park Precinct'. Sec. 49 (b) *Voting place in Fishburn Park Precinct** Sec. 61 (a) 'Williamson Road PreCinct No. 6' and Sec. 61 (b) *Voting place in William$on Road Precinct No. 6'1 and providing for an emergency. (For full text of Ordinance. see Ordinance Book Nog ~5. page 63.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard. Pollard. Webber. Wheeler. Young. and the President, Mr. Anderson .......................... 6. NAYS: None ............................O. (Dr, Cornell absent) SCHOOLS: The City Clerk presented a communication from gr. Lee C. Rat,man. Sr.. advising that he cannot accept the appointment as a member of the Roanoke City School Board and that his action is reluctant, hoping that in the not too distant future he mill be able to be of service to the city and community. Mr. Wheeler moved to file the communication. The motion was seconded by Mr. pollard and adopted. LICENSES: The City Clerk presented a communication from Rutrough Motors. Incorporated. requesting that it be relieved of payment of the second half of its 19bi license, in the amount of $2.191o17. by reason of the fact that it has ceased operation Of business under that corporation and has merged with an affiliated corporation. Mr. Wheeler moved to refer the request to a committee composed of Messrs. Arthur S. Owens. Chairman. Harry R. Yates. and Randolph G. Whittle for study and recommendation. The motion mas seconded by Mr. Young and adopted. REPORTS OF OFFICERS: BUDGET-PURCHASING DEPARTMENT: The City Manager requested an appropriatio of $250.00 for extra help in the purchasing Department. advising that the request is beln9 made by reason of an unusual amount of sickness in the department neces- sitating employment of substitute help, Mr. Young moved to concur in the request and offered the following emergency Ordinance: (o14516) AN ORDINANCE to amend and reordoln Section Zll. *Purchasing Agent,u of the 1961 Appropriation Ordinaoce~ nnd providing for an emergency, (For full text of Ordinance, see Ordinance Book So, 25, page 64,) Mr, Young moved the adoption of the Ordinance, The motion was seconded by Mr. Wheeler and adopted by the following vote: AYe: Messrs. Dillard, Pollard, Wheeler, Young, nnd the President. Mr. Anderson ............................... NAYS: Mr. Webber ................1o (Dr. Corn,Il absent) BUDGET-MUNICIPAL COURT: The City Manager requested an appropriation of $522.00 for purchase of a typewriter in the Municipal Court. advising that the Chief Judge of the Municipal Court states that this typewriter is needed for bookkeeping purposes in the court office and that the money needed can be trans- ferred from the supplies account in the budget. Mr. Dillard moved to defer the matter for consideration along with the 1962 budget. The motion mas seconded by Mr. Wheeler and adopted. Messrs. Pollard. and the President. Mr. Anderson. voting no. BUDGET-JUVENILE DETENTION HOME: The City Manager requested an appropria-:: tiaa of $141o71 for travel expenses tn the Juvenile Detention Dome account, advisin that the entire amount Of the appropriation will be refunded by the Commonwealth Of Virginia. Mr, Webber moved to concur in the request and offered the following emergency Ordinance: (=14519) AN ORDINANCE to amend and reordain Section ~31. "Juvenile Detention Home.u Of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, See Ordinance Hook No. 25, page 65.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYF~: Messrso Dillard. Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson .................... NAYS: None ......................O. (Dr, Corn,Il absent) BUDGET-TRAFF 1C-STREETS AND ALLEYS: The City Manager requested an appropriation of $5.573.47 to pay the city's portion of the cost of the study. survey and plans in connection with the proposed extension of H. S. Route 220. from Campbell Avenue to Franklin Road. So Mo. made by the State Department of Highways. pursuant to Ordinance No. 12973. adopted by the Council on the 4th day of February, 1957. Mr. Webber pointed out that the Council. at the time of authorizing the survey amd plans, appropriated fends for the paymenl of the city's portion of the cost in this matter, Mr. Pollard moved to lay the matter over until the next regular meeting of the Council and to direct the City Auditor to advise it whether or not this ,446 account has been paid from the approprlstion previously made, and If not, shat has happened to said appropriation. The motion mas seconded by Mr, Dillard and adopted, BUDGET-FIRE DEPARTMENT: The City Manager requested an appropriation of $1,soo, oo rot maintenance of apparatus in the Fire Department account of the 1961 budget, advising that there has been an unusual drain on this account by reason of damage to a fire truck in January, 1961. for which damage the city has received insurance payments in the amount of $2,109,1D. Mr. Dillard moved to concur in the request and offered the following emergency Ordinance, (n14520) AR ORDINANCE to amend and reordain Section ~62, "Fire Department," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 65.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: MessrSo Dillard. Pollard, Webber. Wheeler, Young, and the President, Mr. Anderson .......................... 6. NAYS: None ............................O. (Dr~ Cornell absent) BUDGET-STATE ttlGDMAYS: The City Manaqer requested an appropriation of $1,U77.U1 to provide for payment of the clty*s one-half of the cost of a survey in connection with the widening and improvement of Route ll? from the north corporate limits to Melrose Avenue, the total cost of the survey being the city*s one-half share thereof being $3,127.61, and funds previously appropria- ted for this purpose being $1.250.00, the City Manager advising that the survey was made pursuant to Ordinance No. 13447, adopted on the 2Dth dui of Jull, 195~. Mr. Nebber stated that Ordinance No. 13447 limits the city's participa- tion to $1.250°00 and moved to direct the City Attorney to prepare a Resolution amending the city*s agreement for participation in the amount of $3.127.U1° The motion was seconded by Mr. Mheeler and adopted. BUDGET-WILDWOOD CI¥IC LEAGUE-PARKS ANB PLAYGOUND5: The City Manager presented a tabulation of bids received for construction of a park shelter in Thrasher Park, showin9 the bid of A. L. Parris Company. in the amount of $7.359.45, as low, and recommended acceptance thereof, the City Manager advising that the appropriation heretofore ~ade for this purpose amounts to $4,500°00 and thus auarding of the contract will require an additional appropriation of $2,BB9.45. Mr. Dillard moved to accept the bid of A. L. Parris Company. The motion was seconded bi Mr. Pollard. Nr. Young stated that the disparity between the estimated and bid cost in the amount of the low bid submitted by A. Lo Parris Company is considerable and offered a substitute motion to refer the matter to a committee of three members of the Council, to be appointed by the Mayor, for study and recommendation, specifi- cally including the question of whether acceptable alterations tn the plans and specifications for the building wight reduce the cost thereof, The substitute motion uts seconded b7 Mr. Vheeler and adopted, The Mayor appointed Messrs. ~alter L, Young, Chairman, Roy R. Pollard. St,, and Benton O, Dillard as a committee to study the matter, BUDGET-SE#ERS AND STORR DRAINS: The City Manager submitted a bid of G. C. Kiuberlin and Son for drilling of drainage wells ut various locations in the Milliaeson Road area. in the amount of $5,056,00, and recommended acceptance thereof, the City Homager advising that au additional appropriation of $g2.00 will he required to corer the cost of the contract and advertising roy the bids since the Council previously appropriated $$,000.00 for this purpose, Hr. Webber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance accepting the low bid: (x14521) AN ORDINAhCR accepting the proposal of O, C. KimbeFlin ~ Son for the drilling of drainage wells; authorizing the proper City O[ficials to execute the requisite contract; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 2S, page 66.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Webber. Wheeler, Young, and the President. Mr. Anderson ..................... NAYS: None .......................O. (Dr. Corn,Il absent) Mr. ~ebber then offered the following emergenc~ Ordinance appropriating the necessary funds: (~14522) AN ORDINANCE to amend and r,ordain Section ~141. *Sewer and Drain Construction,~ of the 1961 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance D.ok No. 25, page 67.) Mr. Mebber moved the adoption of the Ordinance. The motion was sec..dud by Mr. ~heeler and adopted by the following vote: AYES: Messrs. Dillard, pollard, Webber, Wheeler, Young, and the President. Mr. Anderson ..................... NAYS: None .......................O. (Dr. Corn. Il absent) STREET LIGHTS: The City Manager recommended the installation of four additional 2500 lumen street lights at various locations in the city. Mr. Wheeler moved to concur in the recommendation and offered the following Resolution: (x14523) 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. 25, page 67.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: 447 448 AYES: Messrs, Dillard, Pollard, Webber, Wheeler, Young, and the President, Hr, Anderson ............................ WAYS: None ..............................O, (Dr, Cornell absent) DONATiONS-STREETS AND ALLEYS: The City Wanager reported that Self Service Stations, Xncorporoted, has agreed to donate to the city a triangular portion of its land located at the intersection of Colonial Avenue and Dvandon Avenne, S, #., for street widening purposes, and recommended acceptance thereof, the City Wanager advising that the mork of rounding the corner has already been accomplished. Mr. Wheeler moved to concur in the recommendation and offered the follom- lng emergency Ordinance: (=14524} AN ORDINANCE providing for the acquisition of a parcel of land at the present southeast corner of Hrandon Avenue, $. W., and Colonial Avenue: and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 6D.) Mr. Wheeler moved the adoption of the Ordinance. The motion Was seconded by RF, Webber and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ........................... NAYS: None .............................O. (Dr. Cornell absent) WATER DEPARTMENT: The City Manager reported that he has i.uvestigated the complaint of Miss Lelia M, Haymaker. 1610 Tenth Street, N, W,, concerning red water and that the Water Department has iuformed him that obviously the trouble emanates from the unlined water heater in Miss Haymaker's home; that in its opinion this problem can be eliminated by Miss Haymaker installing a glass-lined water heater; and that it has recommended this action to her. Miss Haymaker appeared before the Council and presented a list of her neighbors who nun glass-lined water heaters and are still troubled with red water. Mr. Dillard moved to refer the matter back to the City Manager, alon9 witl the list furnished by Miss Haymaker. for restudy. The motion was seconded by Rt. Pollard and adopted. WATER DEPARYMENT: Yhe City Manager reported that he has investigated the complaint of Mr, H. J. Solomon. 100~ Rugby Boulevard, N. W., concerning a water bill at 219 Mc~owell Avenue, W. W., property he owns and uses for rental purposes, which he considers excessive, and advised that the bill was rendered in accordance with the rules and regulations of the Water Department; that this matter has previously been taken up with the Manager of the Water Department who caused an investigation to be made and found that the plumbing in the property mas faulty and leaking; that it advised Mr. Solomon of this condition; that after repairs were made by Mr. Solomon, no further excesses mere evident; that he can- not recommend adjustment of the bill since to do so will set a precedent of the city being responsible for the plumbing in indirtdual homes tbroeghout the city° Mr, Pollard moved to deny Mr, Solomon*s request for adjustment, The motion mas seconded by Mr. Mheeler and adopted. REPORTS: The City Manager submitted a report of the Department of Fubllc Melfare for the month of June. i961. and reported other departmental reports on file in his office. Mr. Mheeler moved to file the report. The motion nas seconded by Mr. Young and adopted. TRAFFIC: The City Manager reported that Roanoke Fine Arts Center has requested that Kirk Avenue, S. W,. from Jefferson Street to First Street, he closed to traffic on September 9, 1961, from 9 o'clock, a, n., to $ o'clock, p. for its third Annual Outdoor Kxhibit, with an alternate date for September 16, 1961, in case of rain, the City Manager advising that he bas carefully studied the matter, and that nearly nil the business people on Kirk Avenue have concurred in the request, and recommending that the Council adopt a Resolution approving the closing of the street. Mr. Pollard moved to concur in the request and offered the following Resolution: (~14525) A R~OLBTION authorizing the City Manager to cause a portion of Kirk Avenue, S. M,, to be closed to traffic on September 9, 1961, between the hours of 9:00 a. m, and 5:00 p, m. (For full text of Resolution, see Resolution Book No. 25, page 6b.) Mr. Pollard moved the adoption of the Resolution, The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Messrs. Dillard. Pollard, Webber, Rheeler, Young, and the President, Mr. Anderson ..................... 6. NAYS: Nsne ....................... O. (Dr. Cornell absent) BUDGET-STATE HIOBWAYS: The City Manager reported that the 5tare Department of Highways has submitted a proposed agreement between the city and the Department of Highways covering construction on the widening of Route 117 within the City of Roanoke, and that the estimated cost, as revised, amounts to $326,572.00. the city's share being 25 per cent, or $b2,041,?0, as opposed to the city*s share of $71,?15.55, estimated at the time of the adoption of Resolution No. 14400, agreeing to pay one-fourth of the cost Of the project, the City Manager requesting that the Council adopt an Ordinance authorizing entering into the agreement presently presented by the Department of Highways. Mr. Young moved to concur in the request and offered the following emergency Ordinance: (~14526) AN ORDINANCE authorizing the execution of an agreement between the City and the Virginia Department of Highways with reference to the improve- ment and maintenance of a portion of Nershberger Road, N. Mo, (State Route I17), between U. S. Route 460 and the present north corporate limits o; tb~ City; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 25, page 69.) 44'9 450' We, Young moved the adoption Qf the Ordinnnce, The motion wis seconded by Hr, Wheeler and adopted by the following vote: AYe-q: Messrso Dillard, Pollard, Webber, ~heeler, Young, and the President, ~r, Anderson ............ ~ .............. 6, NAYS: None .............................O, (Dr, Cornell absent) REPORTS OF COMMITT£E~: AIRPORT: The Council at its meeting of July 5, lg61, having received from the City Manager and referred to the Airport Committee for study and recom- mendation bids received for operation of parking facilities at the Roaooke Wuoicipn] Airport, the committee submitted its report, recommending that the bids be rejected as not being in the best interest of the city; that, in this connection, the Council authorize the City Manager to secure bids for construction of a parking lot for city operation at the Municipal Airport. based upon existing plans and specifications, and to advertise for bids for construction of n sidewalk canopy at the maio terminal building entrance in accordance with existing plans. Mr. Howard Metzenbaum, Chairman of the Board. Airport Parking Company of America. one Of the bidders io the premises, appeared before the Council and stated that his company's bid guarantees the city $72,000o0g over a ten year period; that in his opinion it is the highest bid submitted to the city; and that bis company is well qualJiJed and versed in airport parking facilities and can, he believes, render a better service than the city itself can, Mr. Metzenbaum re- questing that the Council restudy the matter before taking action thereon. The City Cloth presented a letter from the Roanohe Parhtng Operators, objecting to the city entering into the parking business in opposition ~o private enterprise. Mr. Webber moved to lay the matter over until the next regular meeting of the Council in order that the members of the Council might study the various ramifications thereof. The motion was seconded by Mr. Rheeler and adopted. AIRPORT: The Council at its meeting of July 17, 1951, having referred to the Airport Committee for study and recommendation a request of l~ericon Airlines Incorporated. that it be released from its contract mith the city for rental of space in the terminal buildin9 at the Roanoke Municipal Airport, by reason of the fact that it has arranged with Eastern Airlines to handle its business at the Roanoke Municipal Airport. the committee submitted its report, advising that the request of American Airlines is reasonable and recommending that the Council authorize the release as requested at such time as Eastern and Piedmont Airlines will agree in writing to assume the areas released by American so that there will be no loss of revenue to the city. Mr. Wheeler moved to concur in the report of the committee. The motion was seconded by Mr. Young and adopted, AIRPORT: The Council at its meeting of July 31, lgbl, having referred to the Airport Committee for study and recommendation a request of the Roanoke Chamber of Commerce that representatives of the city be sent mltb the Chamber's representatives to Wen York to confer with Eastern Airlines concerning its proposal to drop sutural of lis flights through Roanoke and ewpomered the said Airport Committee to name at least four persons to accompany the Chamber representatives for the purpose requested, the committee submitted its report, advising that representatives of the city and the Chamber met with officials of Eastern Airlines in New York on August 2, lg~l, and that Eastern Airlines has agreed to review the schedule and inform Roanoke*s representatives of its subsequent findings, The Mayor stated that Mr. William H, Carder. a member of the Airport Committee. flew the city's representatives to New York on this occasion at no cost to the city, Mr, Wheeler moved to file the report and to direct the City Clerk to thank Mr, Carder for his generosity. The motion was seconded by Mr, Young and adopted. UNFINISHED BUSINESS: BUDGET°STREETS AND ALL£YS: The Council at its meeting of May 29, 1901, having laid over until August the request of Dr. Corneli for an appropriation of $100,000,00 for blacktopping Of streets in the city, the matter was again before the body. Mr. Young, pointing out that Ora Cornell is absent from the meeting, moved to lay the matter over until the next regular meeting. The motion was seconded i! by Mr. Wheeler and adopted, CONSIDERATION OF CLAIMS: NONE. INYRODUCYION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No, 14495, closing a part of Crystal Spring Avenue, S, M,, and an unnamed turn-around street south of the intersection of Crystal Spring Avenue amd Serpentine Road, S, W., havin9 previously been before the Council for its first reading, read and laid over, was again before the body, Mr. Wheeler offerJn9 the following for its second reading and final adoption: (=14495) AN ORDINANCE approving the permanent vacating, discontinuing and closing of that part of Crystal Spring Avenue, S. W., (formerly Virginia Avenue), beginning with its intersection with Serpentine Road, 5, H., and running in a southerly direction the full distance thereof as shown on the Map of Crystal Spring Land Company, recorded in the Clerk's Office of the Circuit Court of Roanoke County, ¥1rqinia, in Plat Book 1, pages 102-103. and, also, an unnamed turn-around street or easement on the meat side of Crystal Spring Avenue 360 feet, more or less. south of the intersection of Crystal Spring Avenue and Serpentine Road, 5. M,, as shown on said map, (For full text of Ordinance, see Ordinance Book No, 25, page 5b,) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the folloming vote: · 451 452 AYES: #essrs~ Dillard. Pollard. Webber. Wheeler. Young. and the President, Mr, Andersen ........................... 6, NAYS: None ............................. O, (Dr, Corn, Il absent) ZONING: Ordinance No. 14496. fez,ming property located On the west side of Country Club BriTa. No J.. north of Melrose Avenue. designated us Lots 4-33. inclusive. Cavalier Park. Official Tax Nos. 2660110-2660119. Inclusive. and 2660123. from General Residence District to Business District. having previously been before the C,un,il for Its first reading, read and laid over. was again before the body. ar. Pollard offering the follcming for its ~econd reading and lima! adoption: (m14496) 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. 25. page 60,) Nv. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Dillard. Pollard. Webber. Wheeler. Young. and the President, Mr, Anderson ........................... NAYS: None .............................O. (Dr. Corn,Il absent) BUDGET-ELECTIONS: Ordinance No. 14500. appropriating $2,O00.00 for the purchase of 93 chairs and 2 tables to be used at the voting precincts, havin9 previously been before the Council for its first reading, read and laid over, was again before the body, Mr. Pollard offering the following for its second reading and final adoption: (~14500) AN ORDINANCE to amend and reordain Section ~144, "Departmental Equipment and Improvements." of the 1961 Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No. 25, page 60,) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by MFo Dillard and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Webber. Wheeler, Young, and the President, Mr° Anderson ........................... NAYS: None .............................0. (Dr. Cornell absent) HEALTH DEPARTMENT: The Council at its meeting of July 31, 1961, havin9 directed the preparation of a Resolution establishing a change fund in the Health Department, Mr, Webber offered the following Resolution: (~14527) A RF.5OLUTION establishing a change fund in the Health Depart- ment. (For full text of B,solution, see Resolution Book No. 25. page 70.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Nba.lev and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson ........................... NAYS: None .............................0. (Dr. Cornell absent) Mr. Webber then offered the following emergency Ordioenoe appropriating the necessary fends: (a14528) AN O~DINANU£ to amend and reordefn Section =154. ~Refonds and Rebates.' of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance O,ok No. 25. page ?0.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Rro Wheeler and adopted by the following vote: AYF~: Wessrs. Dillard. Pollard. Webber. Rheeler. Young. and the Presidento Mr. Anderson ..................... WAYS: None .......................O. (Dr. Cornell absent) BUDGET-CITY PROpERTY-ROBERT E. LEE PLAZA: The Council at its meeting of July 31. 1961. baring directed the preparation of a Resolution approving the plans for beautification and laedscaping of the Robert E. Lee Plaza. Mr. Young offered the following Resolution: (n14529) A RESOLUTION approving the plan of the Central Council of Garden Clubs ned the Roanoke Chapter of the United Daughters of the Confederacy to beautify and landscape the Robert E. Lee Plaza. (For full text of Resolution. see Resolution Book No. 25. page 71.) Mr. Y, un9 moved the adoption of the Resolution. Tho motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Momars. Dillard. Pollard. Webber. Young. and the President. Mr, Anderson ................................ NAYS: Mr. Wheeler ................1. (Dr. Cornell absent) Mr. Webber offered the following emergency Ordinance appropriating the necessary funds: (~14530) AN ORDINANCE to amend and reordain Section =111, ffParks and Recreational Areas.* of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book Wo,.25, page 71.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard. Pollard. Webber. Wheeler. Young. ned the President. Mr. Anderson ..................... NAYS: W,ne .......................O. (Dr. C,mall absent) DAMS: The Council at its meeting of July 31. i951. having directed the preparation of o Resolution appointing the Mayor as a member of a steering committee being formed by certain municipalities surrounding the Smith Mountain Dam area. Mr. Young offered the following Resolution: (#14531) A RESOLUTION appointing the Mayor as a member of a steering committee being formed by certain municipalities surrounding the Smith Mountain Dam area. which committee is to work toward the development of said dam area. (For full text of Resolution. see Resolution Book No. 25. page 72.) 4§3 454 Rr, Young moved the adoption of the Resolution, The motion mas seconded by Hr, Yheeler and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Webber, #heeler, Young, and the President. Hr, Anderson ........................... NAYS: None .............................O. (Dr. Corneil absent) BUDGET-DEPARTMENT OF PUBLIC RELFARE: The Council at its meeting of July 31, 1961, having directed the preparation of a Resolution approving the State- required budget of the Department of Public Welfare covering the fiscal period July 1, 1961, to June 30, 1962, Hr. Pollard offered the following Resolution: (~14532) A RESOLUTION approving the budget of the Department of Public Welfare for the fiscal year beginning July 1, 1961, and ending June 30, 1962, presently on file in the Office of the City Clerk and previously approved by the State Department Of Nelfare and Institutions. (For full text of Res,lotion, see Resolution Book No. 25, page 72.) Mr. Pollard moved the adoption Of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AVES: Messrs. Dillard, Pollard, Mebber. Nheeler, Young. and the President. Mr. Anderson ........................... NAYS: None .............................O. (Dr. Cornell absent) Mr, Nheeler offered the following emergency Ordinance amending the 1961 budget: (~14533) AN ORDINANCE to amend and reordain Section #52, "Public Assistance." of the 1961 Appropriation Ordinance, and providing for an emergency, (For fRll text of Ordinance. see Ordinance.Book No, 25, page 73.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the f,Ilo#lng vote: AYES: Messrs. Dillard. Pollard, Webber, ~heeler. Young. and the President, ~r. lnder son ........................... NAYS: None .............................O. (Dr. Cornell absent) In this connection, the Mayor presented a communication from the League of Women Voters. commending the Council for its decision in approving the request for Aid to Dependent Children in the current Welfare budget, The communication was filed. MOTIONS AND MISCELLANEOUS BUSINESS: CITIZENS COMMITTEE: Mr, Pollard stated that Roanoke has again started to go forward and it is essential that the Council have the cooperation of the citizens to continue this forward movement; that it Is his belief the Council should appoint a Citizens Committee, composed of leading citizens from all sectiona of the city, to be kno#n as "The Citizens* Committee for Creater Roanoke** to work as a committee and to meet with Council as desired to discuss the problems of the city; that he believes such a committee, properly fuctioning and cooperating fully mitb the Council, will assare that the city will continue to go forward and regal· its position among the outstanding cities or the con·try, ·nd moved to direct the City Attorney to prepare · Resolution providing rot the appointment or such · committee, the nnnher thereof to be left to the decision of the Council ·t its next regular meeting. The m)tion nas seco·dad by Hr, ~heeler and adopted, There being no further business, Council adjourned. APPROVED ~lerh President 455 4§6 COUNCIL, REGULAR MEETING, Monday, August 28, 1961. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Uullding, Monday, August 28, lq61, at 2:00 **el*eR, p. m. the regular meeting hour, with the President, Mr. Anderson, presiding. pRI~ENT: Measrs. Corn*Il, Dillard, Pollard, Mheeler, Young, and the President, Mr, Anderson .......................... ABSENT: Mr, Nebber ....................1, OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph 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 Albert L. Sauls, Pastor, Peters Creek Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on August 14, 1961, having been furnl'shed each member of the Council. upon motion Of Mr. Wheeler, seconded by Mr. Pollard and adopted, the reading was dispensed mith and the minutes approved as recorded. BEAR lNG OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: LICENSES: The City Clerk presented a petition of Mr, Nick Lampros, advising that the building in which he conducted his business known as Nick*s Place, located at 201-209 First Street, No No, was condemned and ordered demolished by the Commissioner of Buildings Of the City Of Roanoke, consequently, he cannot continne to do business at the same place, Mr, Lampros requesting that the Council abate the license tax on the said business for the sec*ad half of 1961. Mr. Dillard moved to refer the reqaest to a committee composed of Messrs Arthus S. Owens. Chairman, Randolph G. Nhittle and Harry R. Yates for study and recommendation. The motion was seconded by Mr. Nheeler and adopted. SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board, advising that it could not meet with the Council and the Highland Park Citizens Committee on August 24, 1961. as requested by the Council at its meeting of August 14, 1961. because of absence of members of the School Board from the city. and offering to participate in such a meeting on a mutually convenient date, which information mas previously furnished to the members Of the Council by the City Clerk prior to the scheduled meeting date. Mr. Pollard moved to direct the City Clerk to arrange a meeting on a date and at a time mutually agreeable to the members of the School Board and the members Of the City Council, at which the Highland Park Citizens Committee can be heard. The motion was seconded by Mr. Dillard and adopted. STATE CORPORATION COMMISSION: The City Clerk presented a report of the City Auditor, giving a comparative statement of public service corporation tax levies on assessed values made by the State Corporation Commission for the years 1960 and 1961, showing a net decrease of $8,514,9D in the tax levy from this source for the year 1961 as compared to the year 1960. Rte Pollard moved to file the report. The motion mas seconded by Hr. Rheeler and adopted, BUDGET-STATE HIGHWAYS: The City Clerk presented a communication from the Assistant City Attorney, advising that in preparing Ordinance No. 14526. adopted by the Council on August 14. 1961. State Route lit was erroneously referred to as a portion of Hershberger Woad, N. W,, when in fact it is a portion of Peters Creek Road, and presenting a Resolution to correct the error. Wt. Young offered the following Resolution: (n14534) A RESOLUTION relating to Ordinance Ho, 14526 authorizing the execution of an agreement between the City and the Virginia Department of Highways with reference to the improvement and maintenance of a portion of State Route 117 between U. S. Route 460 and the present north corporate limits of the City, (For full text of Resolution. see Resolution Book No, 25, page 74.) Rt. Young moved the adoption of the Resolution. The motion was seconded by Rr. Rheeler and adopted by the following vote: AYES: Ressrs+ Cornell. Dillard. Pollard, Wheeler. Young, and the President, Wt. Anderson .................... 6, NAYS: None ......................O. (Rr. Webber absent) BUDGET-SIDEWALK, CURB AND GUTTER: The City Clerk presented a communica- tion from Southeastern Building Corporation. advising that in erecting a building at 1330 Courtland Road, N, E,, which will serve us quarters for Southeastern Radio Supply Company of Virgiola, Incorporated, it has constructed concrete sidewalk, curb and gutter at a cost of $475.00, and requesting that the Council authorize a refund to the said corporation in the amount of $23?.50, representing the one-half cost normally borne by the city for such construction, Wt. Pollard moved to concur in the request and offered the following emergency Ordinance appropriating the necessary funds: (~14535) AN ORDINANCE to amend and reordain Section ~140. "Street Construction," of the 1961 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 25, page 74.) ~r. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Rheeler, Young. and the President, Mr. Anderson .................... 6. NAys: None ......................O. (Mr. Webber absent) ZONING: The City Clerk presented a communication from Mr. John Ho Windel. requesting that his property located on the southwest corner of Orange Avenue and Twentieth Street, N. W., designated as Lot 3, Block B2, and a triangle in Block 82, Melrose Land Company, Official Tax No. 2321904, be rezoned from 457 458 Geceral Residence District to Business District, Mr. Mlndel presenting a petition signed by property omners in the immediate area surrounding his property advising they are in favor of the fez*ming request. Mr. Young moved to refer the request to the City Planning Commission for study amd recommendation. The motion was seconded by Mr, Dillard and adopted, REPORTS OF OFFICERS: BUDGET-LIFE SAYING CRENS: The City Manager requested an appropriation of SgO0, O0 for the life saving crems for the remainder of the year, SBO0. O0 for supplies and $100.00 for telephone service, and advised that the appropriation contained in the current budget is insufficient, Mr, Pollard moved to concur in the request and offered the foil*ming emergency Ordinance: (~14536) AN ORDINANCE to amend and reordain Section ~69, "Life Saving Crews," of the 1961 Appropriation Ordinance, and providing for an emeroency. (For full text of Ordinance, see Ordinance Book No. 25, page 75.) Mr. Pollard moved the adoption of the Ordinance. The motion nas seconde¢ by Mr. Dillard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Nheeler, Young. and the President, Mr. Anderson .......................... NAYS: None ............................O. (Mr. Webber absent} BUDGET-FIRE DEPARTMENT: The City Manager reported that, pursuant to action of the Council at its meeting of July IT, 1961, he has surveyed the equipment and facilities in the various fire houses for use of firemen in prepar- in9 their meals, and that the estimated cost of taking over this facility at city expense is $500.00 for utilities, $1,S00.00 for six co*kin9 stoves, $1,200.00 for four refrigerators and $1,100.00 for utensils and supplies, the City Manager advising that in his opinion appropriation of the necessary funds to provide for these items will meet present requirements, Mr, Wheeler moved to direct the City Manager to secure public bids for equipment, utensils and supplies and report to the Council the cost thereof. The motion was seconded by Mr. Dillard and adopted. Mr. Young offered the following emergency Ordinance appropriating $500.00 to provide for necessary utilities: (~14537) AN ORDINANCE to amend and reordaln Section ~62, "Fire Depart- ment," of the 1961 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 25, page Mr. Young moved the adoption of the Ordinance, The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Wheeler, Young, and the President, M~. Anderson .......................... NAYS: None ............................On (Mr, Mebber absent) CITY JAIL: The City Manager reported that he has secured bids for making certain improvements to the City Jail us previously recommended by the City Sergeant and presented a tabulation of such bids. showing the lam bids aggregating $70,015.02, the City Manager advising that i! the Council decides to nmard these contracts, he also would like to have an additional appropriation of $1.300.00 for paint and painting materials, $S.000,00 for contingencies and $950.00 for a mashing machine, making a total required appropriation of $7T,26§,02, It appearing that the consensus of the Council is that the matter should be considered along with the 1962 budget° Hr. Wheeler moved to direct the City Manager to determine mhether or not the low bidders will hold these prices firm until after the first of the year and report to the Council. The motion was seconded by Mr. Young and adopted. COAL: The City Manager submitted a tabulation of bids received for furnishing the city's coal requirements for the 1961-62 heating season, showing the bid of Blair Pitzer Coal and Fuel Oil Company, at $6.25 per ton, F. O. B. Mine. as low, and recommended acceptance of the low bid, Mr. Wheeler moved to concur in the recommendation and offered the following Resolution: (~Id530) A RES OLOTION accepting the proposal of Blair pitzer Coal and Fuel Oil Company, Inc., for supplying the City*s coal requirements for the 1961-62 season; and rejecting all other bids. (For full text of Resolution, see Resolution Book Wa. 25, page ?6.) Mr. Wheeler moved the adoption of the Resolution. The mot~on was seconded by Mr. Pollard and adopted by the following vote: AYES: Wessrs. Cornell. Dillard, Pollard, Wheeler° Young, and the President, Mr. Anderson .................... NAYS: None ......................O. (Mr. Rebber absent) DONATIONS-STREETS AND ALLEYS: The City Manager reported that Mr. T. Beyerle. Jr,. has offered to convey to the city a parcel of land containing 74,49 square feet, being a portion of Lot 6, Block 3. So Wa 4, Official Survey of the City of Roanoke. for rounding of the SouthweSt corner of Walnut Avenue and Maple Avenue. S. W., said land to be donated at no cost to the city. the City Manager recommending acceptance of the offer. Mr. Wheeler moved to concur in the recommendation and offered the following emergency Ordinance: (~14539) AN ORDINANCE providing for the rounding of the southwesterly corner o~ the intersectfon of Walnut Avenue and Maple Avenue. S. W.; and provid- ing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page ??.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: 459 460 AYF~: Measrs, Corn. Il, Dillard, Pollard, Wheeler, Youngt and the President, Mr. Anderson .......................... NAYS: None ............................O, (Mr, Mebber absent) DAYLIGHT SAVING TIME: The City Manager reported that he has received nn inquiry from the Virginia Municipal League, asking that the City of Roanoke lndio cate its preference as to either Daylight Saving Time or Eastern Standard Time for guidance of · committee of the league which intends to appear before the next ses- sion of the General Assembly in order to secure uniformity throughout the state. Dr. Corn,Il moved to lay the matter over until the next regular meeting. The motion mas seconded by Mr. Pollard and adopted, STREET LIGHTS: The City Manager requested authority to install street lights at three locations in the city, Mr, Young moved to concur in the request and offered the following Resolution: (=14540) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light at the corner of Shenandoah Valley Avenue and Lindbergh Lane. N. E.; at the corner of Fralin Road and Curtis Avenue. N, and at the corner of New Spring Branch Road and Carico Avenue. S. E.. respectively (For full text of Resolution. see Resolution Book No. 25. page ID.) Mr. Young moved the adoption of the Resolution. Yhe motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Corn,Il. Dillard. Pollard. Rheeler. Young. and the President. Mr. Anderson .......................... NAYS: None ............................O. (Mr. Webber absent) BUDGET-LIBRARIES: The City Manager reported that for the fiscal year 1961 the city is receiving from the Commonwealth of Virginia $4.1T9.00 for use in connection with the city library, which sum can be used for books, salaries and scholarships; that in order to be eligible for this state aid it is necessary to meet certain qualifications established by the Virginia State Library Board, which, among others, includes a requirement that certain members of the library staff have an M. A. Oegree in Library Science; that the city has not met these requirements since September. 1959. when the last qualified children's librarian left the service; that the city has been unable to secure a qualified children*s librarian due to the scarcity of librarians through,ut the country; and that a member of the staff. Mr. Richard F. Lancaster of Roanoke. is desirous of taking an M. A. Degree in Library Science at the University of North Carolina. but is financially unable to do so unless he obtains a scholarship, the City Manager recommending that the Council authorize expenditure of $2.000.00 of the funds granted in state aid for the purpose of a scholarship for Mr. Lancaster at the University of North Carolina, in which event Mr. Lancaster will pledge to work for the Roanohe Public Library for at least two years thereafter, and s~nce he is a resident of Roanoke and has his home here, will probably be available for a much longer period. ,! Mrs, Barton M, Morris, Sr,, Chairman of the Library Board, appeared before the Council and stated that unless the library is able to secure · qualified librarian, it might lose its state and nntioua! accreditation and consequently be ineligible for receipt of state aid, and that the reason the city has been unable to secure qualified librarians is a national shortage of such personnel and not necessarily lack of sufficient salary for the Job, After considerable discussion of the matter, Mr. Young offered the following emergency Ordinance appropriating $2,000.00 for a scholarship in the library account: "AN ORDINANCE to amend and reordain Section =121, WLibrarles," of the 1961 Appropriation Ordinance. and providing for an emergency.' Mr. Young moved the adoption of the Ordinance, The motion mas seconded by Mr. Wheeler and lost by the following vote: AYES: Messrs. Wheeler. Young, and the President. Br. Anderson .......3. NAYS: Messrs. Cornell, Dillard and Pollard ..........................3, (Mr. Webber absent) AIRPORT: The City Manager reported that in connection sith remodeling of Hangar No, I at the #unicipal Airport for the Federal Aviation Agency. said agency has requested certain revisions In the work costing $6,756.32 which will require a change order to the contract between the city and H. but will not require an additional appropriation, the City Manager advlsin9 that the proposed change order has been approved by Aid Project and recommending that the Council authorize the necessary change order. Mr. Wheeler moved to concur in the recommendation and offered the following Resolution: (#14541) A RESOLUTION authorizing the City Manager to issue a Change Order with reference to the contract of August 24, 1960, between Sons, Inc,, and the City of Roanoke. (For full text of Resolution, see Resolution Hook No. 25, page 78;) Mr. Wheeler moved the adoption of the Resolution, The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Wheeler, Young, and the President, Mr. Anderson ............................ 6. NAYS: None ..............................O. (Mr. Mebber absent) SIGNS: The City Manager reported that, pursuant to a directive of the Council at its meeting of October 24, 1960, a thorough study has been made of Title 15, Chapter 7, of the City Code, relating to signs, and presented an amendment to the sald Chapter which sill eliminate recurring inspection charges and inspection of signs painted on sides of buildings, but will increase the fees for original sign installation permits, resulting in no apparent change in the city*s revenue from this source, but meeting the objections of sign owners and contractors, the City Manager recommending the adoption of the amendment. 46:1.- 462 Mr. Dillard moved to concur I. the recommendation nnd offered the following emergency Ordinance: ¢=14542) AN ODDXNANCK amending and reordninlng certain sections or Chapter ?, Title XV, of The Code of the City of Roanoke, 1956, relating to Signs, Awnings and Marquees, viz.: Sec. 2, relating to liability insurance; Sec. 4, relating to permits required for erection of signs, etc., and certain exceptions ,beret.; Sec. 6, relating to fees Imposed upon the issunnce of permits under said chapter; nnd Sec. 11, relating to inspections of signs, etc., by the building commissioner; and providing for an emergency. (Fur full text of Ordinance, see Ordinance Rook No. 25, page ?9.) Mr. Dillard moved the adoption of the Ordinance. The motion mas seconded by Dr. Cornell and adopted by the follomlng vote: AYES: Messrs. Cornell, Dillard, pollard, Wheeler, Young, and the President, Mr, Anderson ......................... NAYS: None ...........................O. (Mr. Rebher absent} REPORTS OF COMMITTEES: MATER DEPARTMENT: The Council at its meeti~sof June 19 and July 31, 1961, having referred to a committee composed of Messrs. Denton O. Dillard, Chairman, Roy L. Webber, Walter L. Young and Arthur S. Owens for study and recommendation a request of Llndenwood Water Company and of the Town of Vinton for water service to Lindenwood Subdivision and certain areas adjacent thereto, the committee submitted its report, recommending that the request of the Town of Yinton for extension of its water service area be granted to include that portion of its request lying north of State Route 634. Mr. Wheeler moved to concur in the recommendation of the committee and offered the following Resolution: (=14543) A RESOLUTION amending Resolution No. 12159, which conditional- ly authorizes the Town of ¥inton to resell surplus water purchased from the Cityts Water Department. to certain parties residing beyond the corporate limits of said Town, by adding a new section, viz.: No. 6, thereto. (For full text of Resolution, see Resolution Hook No. 25, page 63.) Mr. Rheeler moved the adoption of the Resolution. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Rheeler, Young, and the president, Mr, Anderson ......................... NAYS: None ...........................O. (Mr. Webber absent) UNFINISHED BUSINESS: BUDGET-TRAFFIC-STREETS AND ALLEYS: The Council at its meeting of August 14, 1961, having laid over until its next regular meeting a request of the City Manager that it authorize and appropriate funds for payment to the State Department of Highways of $5,573.47, being one-half the cost of the study, survey and plans in connection with the proposed extension of U. S. Route 220, from C~mpbell Avenue to Franklin Road. S. N., and'at the same time having directed the city Auditor to advise mhether or not the ucc,ant mas paid from funds previously appropriated, the City Auditor reported that the survey mas made by the city under the provisions of Ordinance No. 12973. adopted on the fourth day of February. 1957. at a cost of $11.146.95. from funds heretofore appropriated, and that on July 31. 1950. the city billed the State Department of Bighmays for one-half the total cost. however, on September 5. 1956. the state reimbursed the city for the total cost of the survey, consequently, the present bill. ia the amount of $5.573.47. representing the city"s one-half share of the cost. is due and payable. Br. Young offered the following emergency Ordinance appropriating the necessary funds: (~14544) AN ORDINANCE to amend and reordain Section ~80. 'Engineering Services." of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25. page 84.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Rt. Wheeler and adopted by the following vote: AYES: Ressrs. Corn,Il. Dillard. Pollard, Rheeler. Young. and the President. Br. Anderson ................... NAYS: None .....................O. (Mr. Webber absent) ZONING: The Council at its meeting of July 31, 1961, having referred to the City planning Commission for study and recommendation a request of Plaza Restaurant and Rotor Court that Lots 3, 4 and S. Block 2. Yardley Square. Official Tax Nos. 2170402. 2170403 and 2170423. located on Naplelawa Avenue and Yardley Drive. adjacent to and in the rear of the present Plaza Restaurant and Rotor Court. be fez,ned from General Residence District to Business District. the City Planning Commission submitted its report, advisin9 that in its opinion expansion of the motor court to the adjacent property will not be detrimental to adjacent residential properties and recommending that the request be granted. Hr. Young moved to set a public hearing in the matter for 2:00 o'clock. p. m.. October 2. 1961. and to direct the Attorney for the petitioner to prepare the proper notice thereof, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. ~heeler and adopted. ZONING: The Council at its meeting of July 17. lgGl. having referred to the City Planning Commission for study and recommendation a petition of C. C. and Carrie R. Kan, that their property containing approximately 4 1/2 acres. lying between Westside Boulevard and Peters Creek Road. N. W.. designated as Official Tax Nos. 2750909. 2750910. 2750912 and a part of 2750902. be fez,ned from General Residence District to Business District. the City Planning Commission submitted its report, advising that in its opinion fez,ming of the property will constltutea logical extension of the existing business zone and will not be detrimental to existing land uses. andrecommending granting the request. 463 46'4 - Hr. Young moved to set a public hearing in the mutter for 2:00 ,°clock. po m.. October 2. 1961. ned to direct the Attorney for the petitioners to prepare the proper notice thereof, here it cpproved by the City Attorney end present it to the City Clerk for pebllcntion. The motion was seconded by Hr. Wheeler nnd adopted. STREETS AND ALLEYS: The Council at Its meeting of Hey 6, 1961, having referred to the City Planning Commission Yor study and recommendation a request of Hr, Albert J. Gear,y, et al** that a portion of an alley emi*riding in an easterly direction from York Road, S. N** berm*em Brandon Avenue and Laburnum Avenue, from the line between Lots 2 and 3, Rlock lO, LeeeBy Court, to an alley extending between Brandon Avenue and Laburnum Avenue, he permanently vncated, discontinued and closed, and at the same time having appointed viewers to view the sane and report thereon as provided by law, the City Planning Commission submitted its report, advising that a survey of the alley shows that at the present time it is partly occupied by the owner of Lot 6, Block 10, Lee-By Hap, and that the upper end of the alley is not distinctly marhed as bain9 separate from the buck yard of this property; that it is being used as a walhway along with the adjacent alley; that it has concluded that if the alley is used by children as a safe and short distance to their point of destination, it should be kept open; and that the Engineering Department has advised that it will be undesirable to close any portion of the alley because it will create problems in terms of circulation and refuse collection, the City Planning Commission recommending that the request be denied. The City Clerk presented a report of the viewers, advising that they have viewed the alley in question and that in their opinion no inconvenience will result to the pnblic or to the owners of the abutting property from vacating. discontinuing and closing the same. the City Clerk advising that the Attorney for the petitioners has requested a public hearing. Mr. Young moved to set a public hearing in the matter for 2:00 o'clock, p. m., October 2, 1961, and to direct 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 was seconded by Mr. Wheeler and adopted STREETS AND ALLEYS: The Council at its meeting of July 17, 1961, having referred to the City Planning Commission for study and recommendation, and to a Board of Viewers for viewing, a request of the Norfolk and Western Railway Company that a 50-foot unnamed street, extending westward from Fifteenth Street, S. parallel to and south of Jackson Avenue to an alley, thence 40 feet wide along said alley, thence 50 feet wide westward to Sixteenth Street, along with a portion of Sixteenth Street, intersecting therewith, and a portion of a lO-foot alley extending southward from Jackson Avenue west of Fifteenth Street, also a portion of a 12-foot alley extending from a point 40 feet eastward from Seventeenth Street, heretofore vacated, to the property llne Of the R, Jo Wright Addition, and a 40- foot section of Westview Avenne, extending eastward from Seventeenth Street, be vacated, discontinued end closed, the City Planning Commission submitted its report odvlsing that in its opinion closing of the proposed streets and alleys mill be in keeping math good land development practice end mill permit more advantugeous and reasonable use of the surrounding land, and recommending that the request be The City Clerk presented a report of the viewers, advising that they have viewed the streets and alleys in question and are unanimously of the opinion thet no inconvenience mill result either to any individual or to the public from vacating, discontinuing and closing the same. Mr. Young moved to set a public heaving in the matter for 2:00 o'clock. p, w,, October 2, 1961, and to direct the Attorney for the petitioner to prepare the proper notice thereof, have it approved by the City Attorney and present it to the City Cloth for publication, The motion mas seconded by Mr. Wheeler and adopted~ STREETS AND ALLEYS: The Council at its meeting of March 13, 1961, having referred to the City Planning Commission for stndy and recommendation a request of the Norfolk and Western Railway Company to vacate, discontinue and close portions Of Seventeenth Street, Eighteenth 5treat and Nineteenth Street, S, W,, lying between Westview Avenue and an alley to the north thereof, and that portion of a 20-foot alley extending from Westvlem Avenue north to the said alley, and a 10-footi alley lying between the said 20-foot alley and Seventeenth Street, north of West- view Avenue, and having appointed viewers to view the same and report thereon as required by lam, the City Planning Commission submitted its report, advising that in its opinion the streets and alleys in question will not be needed to serve the local street system and that the closings mill permit more reasonable and advantageous use of the adjacent land, and recommending that the request be The City Clerk presented a report of the viemers, advising that they have viemed the streets and alleys in question and are unanimously of the opinion that no inconvenience will result either to any individual or to the public from vacating, discontinuin9 and closing the same. Mr. Young moved to set a public hearing in the matter for 2:00 o*cloch, p. m** October 2. 1961, and to direct the Attorney for the petitioner to prepare the proper notice thereof, bare it approved by the City Attorney and present it to the City Clerk for publication, The motion was seconded by Mr. Wheeler and adopted, STREETS AND ALLEYS: The Council at its meeting of July 17. 1961, having referred to the Clty Planning Commission for study and recommendation an offer of the Norfolk and Western Railway Company to exchange certain of its property for certain property owned by the City of Roanoke, being a portion Of Nelford Hurt Park, as shown on the company*s plan N-16091-H, the City Planning Commission submitted 'its report, advising that such an exchange mill be in keeping with land development practices and will prove advantageous to both the Norfolk and ~estern 465 466 Railway Company and the city and will be desirable from the ~tnndpoint of Hurt Park School located in the park, and recommending acceptance of the offer of the Norfolk and Hestern Rullway Company, This matter being a portion of the overall development which Includes the closing of streets and alleys on which public hearings hare been set rot October 2, 1961, Dr, Cumuli moved to lay the matter over until the regular meeting or October 2, 1961. The motion mas seconded by #Fa Pollard and adopted. BUDGET-STREETS AND ALLEYS: The request of Or, Cumuli that the Council appropriate $100,000.00 for paving of streets In the city, having been laid over from previous meetings of the Counci.l, was again before the body, Dr. Cornello upon being advised by the City Auditor that funds are not available for this purpose, moved to lay the matter over for consideration along with the 1962 budget, The motion was seconded by Mr. Dillard and adopted. AIRPORT: The Council at its meeting of August 14, 1961, having laid over until its next regular meeting the report of the Airport Committee, recommend- ing that bids received for parking concessions at Roanoke Municipal Airport be rejected, and that the City Manager be authorized to secure bids based on existln9 plans and speciflcatlons for improvements to the parking area and construction of a sidewalk canopy at the main terminal entrance, the matter was again before the. body. Mr. Wheeler moved to lay the matter over until the next regular meeting of the Council. The notion was seconded by Mr. Pollard and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERAYION OF ORDINANCES AND RESOLUTIONS: BUDGET-STAT£ HIGHWAYS: The Council at its meeting of August 14. 1961, having directed the preparation of a Resolution providing for an increase of the city*s share in the cost ufa survey and plan development for provision of four traffic lanes on State Route 117 in the city from $1,250.00 to $2,127.H1, Hr. Pollard offered the follosing Resolution: (314545) A RESOLUTION relating to the cost of the preparation of a survey and plan development for the provision of four (4) traffic lanes on State Route No. 117, in the City of Roanoke. as heretofore authorized by Ordinance No. 13447, adopted on July 26, lgSD. (For full text of Resolution, see Resolution Book No. 25. page 64.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Young and adapted by the following vote: AYES: Messrs. Cumuli, Dillard, Pollard, Nheeler, Young, and the President, Hr. Anderson .......................... 6, NAYS: None ............................ O. (Mr. ~ebber absent) Mr. Mheeler offered the following emergency Ordinance appropriating the necessary funds: ,! (w14546) AN ORDINANCE to amend and reerdain Section ~140, UStreet Construction," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance.Rook No. 25, page OS.) #r. #heeler moved the adoption of the Ordinance. The motion was seconded by #r. Young and adopted by the following vote: AYES: Masers. Cornell. Dillard, Pollard, Wheeler. Young. and the President, Hr. Anderson ................ NAYS: None ......................O. (#r. Webber absent) CITIZENS COMNITTEE: The Council at its meeting of August 14. 1961, having directed the preparation of a Resolution providing for the appointment of a citizenst committee to be known as The Citizens* Committee for Greater Roanoke. the Resolution was presented to the body. Hr. Wheeler moved to lay the matter over until the next regular meeting of the Council. due to the absence of Mr. Webber. The motion was seconded by Nr. Young and adopted. NOTIONS AND MISCELLANEOUS BUSINESS: BOARD OF ASSESSORS: The Mayor stated that because of the large volume of real estate parcels which must be examined and the amount of work required to prepare for the assessment of such property by the Board of Assessors, which will be appointed next year, it is important that the assessors of real estate be employed as quickly as possible in order that the board might proceed to do the necessary preliminary work prior to January 1, 19621 and that the Honorable So L. Fellers. Judge of the Law and Chancery Court, has advised that he will appoint as assessors for the quadrennial real estate assessment, Messrs. William Carrington, Jr., Dewey R. Robertson and John G. Jackson, at the beginning of next year. After considerable discussion of the matter, during which it appeared that the cost for preliminary work will be approximately $30,000.00, Mr. Wheeler offered the following Resolution: (g14547) A RESOLBTXON authorizing the 1962 Board. of Assessors to commence, as of September 1, 1961, the performance of certain duties with reference to the quadrennial assessment Of local real estate. (For full text of Resolution, see Resolution Book No. 25, page fi5.) Mr. Wheeler moved the adoption of the Resolution. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, Wheeler, Young, and the President, Mr. Anderson .................... NAYS: None ......................O. (Mr. Webber absent) Mr. Young offered the following emergency Ordinance appropriating the necessary funds: (t14546) AN ORDINANCE to amend and reordaln Section #6, "Board of Assessors, * of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of OFdinance, see Ordinance Book No. 25, page 46'7 .~468 Mr, Young moved the adoption of the Ordinance, The notlo~ nas seconded by Mr, 1heeler mud adopted by the follouing vote: AYES: Hessrs, Cornello Dillard. Pollordo Hheelere Young, end the President, Hr, Anderson .......................... 6, NAYS: None ............................ O. (Hr. Hebber absent) SCROOLS: The City Clerk reported that o vacancy exists on the Roanoke City School Board for u tern of three years, expiring June 30, 1964. Hr, Young moved to lay the matter over until the next regular meeting of the Council. The notion was seconded by Hr, #heeler and adopted. COUNCIL: Yr. Young pointed out that the next regular meeting of the Council is scheduled for Monday, September 4, 1961, uhieh is a holiday, and moved to hold the next regular meeting of the Council at 2:00 oSolock0 po u,, Tuesday. September S, 1961, The motion was seconded by HF. Hheeler and adopted. SEHERS AND STORY DRAINS: Mr. Young stated tbate during the heavy rains Of lust ueeh, there was considerable flooding on Bluemont Avenue, S. W., adjacent to £vergreen Cemetery, in connection with which he received numerous complaints; and that this matteF mas previously studied by the City Manager and an estimate of the cost of correcting the condition was prepared, and moved to direct the City Manager to present this estimate to the Council at its next regular meeting. The motion was seconded by BF. Hheeler and adopted. There being no further business, the Council adjourned. APPROVED .! / COUNCIL. REGULAR MEETING. Tuesday, September S. 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Tuesday, September S, 1961, at 2:00 o'clock. p. m** the regular meeting hour, with the President, Mr, Anderson, presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Nebber. Mheeler. Young. and the President, Mr. Anderson ......... 7, ABSENT: None ............. O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Wanager, Mr. Randolph U. Whittle, 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 V. J. Shetler, Pastor. East Gate Church of the Nazarene. MINUTES: Copy of the minutes of the regular meetin9 held on August 2U. 1961, having been furnished each member of the Council, upon motion of Mr. Nheeler, seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. P[TITIONS AND COMMUNICATIONS: MERCHANTS-BUILDING COOE: The City Clerk presented a communication fror~ Downtown Roanoke, Incorporated. advisin9 that efforts are bein9 made by businesses in the central business district and by the owners of the buildings in improving thei: looks of their property through a cooperative effort, and that a considerable im- provement has been made; however, a serious problem which Downtown Roanoke cannot overcome is the appearance of the walls of certain buildings where adjacent build- ings have been razed, the organization requesting the Council to give consideration to taking appropriate action in the matter with the hope that the condition which results from demolition of buildings can be corrected or avoided. Mr. Webber moved to request the City Attorney to furnish the Council an opinion advising it of the city*s powers in the matter. The motion was seconded by Mr. Wheeler and adopted. STATE HIGHWAYS-PARKS AN~) PLAYGROUNd)S: The City Clerk presented a communi- cation from the Secretary of the Department of the Interior Of the United States Government in reply to Resolution No. 14511. adopted by the Council on July 1961, advising that funds totaling $1.10D.CO0.O0 are included in the parkways con- struction program for the fiscal period beginning July 1, lg/~l, for starting construction on the final section of the Blue Ridge Parkway in Virginia, lying east of Roanokei that a portion of the work will be accomplished beginning in early 19621 that the remaining work is in high priority and tentatively scheduled for the 1963 fiscal year. provided funds are made available by the Congress; and that It will not be possible to use federal funds for construction of an access road fro~ :469 '470 the parkway to the top of Rill Mountain since this is not a part of the parkway system; and, also, communications from the Honorable Harry F. Byrd and A. Willis Roborlson, Virginia's ~epresentntires Jo the United States Senate. advising that they are interested in completion of this project nnd are in consultation with the Secretary of the Interior with reference thereto. The City Manager advised the.Council that. ff federal funds are not obtai~ able for construction of the spur to the top of Rill Mountain, it might be included ia the state's highway system, however. It might be possible to hare the spur to th, top of Mill Mountain constructed if land for the right of way is transferred to the Federal Parkway System. After considerable discussion of the matter, Mr. ~heeler moved to direct the City Manager to prepare a master plan for a spur from the Blue Ridge Parkway to the top of Mill Mountain and'present it to the Council for its consideration. The notion was seconded by Mr. Young and adopted. ZONING: The City Clerk presented a co~munication from Mrs. Mary H. Malon* requesting that her property situated on the southwest corner of Melrose Avenue and Twenty-ninth Street, N. ~.. designated as Lots 23, 24 and part of Lot 22. Block 2. Horton Place, Official Tax No. 2420101, be rezoned from General Residence District to Business District. Mr. Young moved to refer the request to the City Planning Commission for study and recommendation. The Lotion was s~conded by Mr. Wheeler and adopted. REPORTS OF OFFICERS: H~DGET-JUYENILE AND DOMESTIC RELATIONS COURT: The City Manager requested an appropriation of $700.00 for the purpose of purchasing a coal stoker for the Juw nile and Domestic Relations Court, advising that the alternative is to e~ploy an additional janitor for firing of the heating plant at this building which will cost more than installation of the stoker, since existing personnel can take care of the heating facilities with the aid of the stoker. Br. Cornell moved to concur inthe request and offered the following emergency Ordinance: (=14549) AN ORDINANCE to amend and reordain Section ~144; "DePartmental Equipment and Improvements." of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 07.) Or. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard an~ adopted by the folloMing vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson .................. 7. NAYS: None ................... O. CITY JAIL: The City Manager reported that. pursuant to a directive of the Council at its meeting of August 20. 19~1. he has contacted low bidders on the pro- posed improvements to the City Jail and has been advised by Hajoca Corporation. II .! H, A. Gross, Incorporated, and Noland Company, Incorporated, that tbelr bids mill remain firs until 1962; that Days Construction Company, Incorporated, is not mill- ing tO extend its bid until January, but will add fifteen days to the usual thirty days for acceptance thereof; and that Roanoke Iron and Bridge Works, Incorporated, is willing to extend its bid to January, 1962, provided the contract is awarded now with mork to begin in January. Mr. Eermit B. Allman, City Sergeant, appeared before the Council and reiterated his argue,uts for ienediate action in the matter, as previously present, in a letter to the Council. Mr. W, So Brant, State Supervisor of Jails, also appeared and stated that he supports the vi,ms of the City Sergeant in this matter. After considerable discussion of the matter, Dr. Cornell norad to direct the City Attorney to prepare Ordinances accepting the low bids and awarding con troc~% therefor. The motion was seconded by Mr. Nebber and adopted, Mr. Young voting no. BUDGET-BOARD OF ASSESSORS: The City Manager reported that he has deter- mined that there Is not room in the Water Department office building or other city facilities for adequate working space to be assigned to the Board of Assessors in preparing the quadrennial real estate assessment; that space has been located at 112 Kirk Avenue. $. W** in the Davis and Stephenson, Incorporated, building whic~ is available for $900.00 per year. with a 60-day cancellation clause, the City Manager recommending said space to be rented for the Board of Assessors and advis- ing that it will be necessary to adjust the budget appropriation made by Ordinance No. 1454~, separating telephone charges and miscellaneous from supplies and equipment rental for convenience Of the City Auditor's bookkeeping system. Mr. Webber moved to direct the City Attorney to prepare an Ordinance { authorizing rental of the space as recommended by the City Manager. The motion was:! seconded by Mr. Pollard and adopted. Mr. Webber then moved to direct the City Attorney to prepare an Ordinance reallocating appropriated funds as required by the City Manager. The motion was seconded by Mr. Wheeler and adopted. SEWERS A~D STORM BRAINS: The City Manager scbmitted a report, pursuant to a request of the Council at its meeting of AuguSt 2~, 1961, advising that ~o correct the storm drainage problem in the 1600 block of Bluemont Avenue and West- over Avenue, S. W., will cost approximately $$0,000.00 and require the construction of an l~-inch storm drain in Bluemont Avenue and Ghent Boulevard to Memorial Avenue. Mrs. M, F, Noffsinger, Sr., 1910 Westover Avenue, S. W., appeared before the Council and stated that her property is frequently flooded bY storm waters, and that her only incdme is r~ceived from rental of a basement apartment in this building which is ~equently flooded, depriving her of her income, and requesting that the Council take steps to relieve the situation. 471 4'~2 Mr. Dillard moved to direct the City Manager to advertise for bids for construction of the ~orm drain to relieve the flooding problem on Bluemont Avenue and Westover Avenue, S. W. The motion Was seconded by Dr. Corn~ll. Mr. Webber offered n substitute motion to lay the matter over until the next regular meeting of the Council and to direct the City Manager to advise the Council of any similar areas in the city subjected to the same condition and the estimated cost of correcting them. The substitute motion was seconded by Mr. Mheeler and adopted. REPORTS OF COMMITTEES: PENSIONS-POLICE DEPARTMENToFIRE DEPARTMENT: The Council at its meeting of January 31, 1961, having referred to n committee composed Of Messrs. Walter L, Young, Chairman. Charles M. Cornell and Benton O. Dillard a request of members of the Fire Department that the minimum pension under the Police and Fire Pension System be increased to $150o00 per month, the committee submitted its report, advising that after a thorough study of the matter and in order to provide some measure of relief to those receiving the minimum pension of $50.00 under the systet primarily widows, and yet retain the formula for computation of the said pensions, it recommends that the maximum pension payable to retired employees be increased to ~155.00 per month and the minimum pension payable to retired employees to $105.0~ however, providing a minimum pension under the system of $55.00 per month. Mr. Dillard moved to concur in the report Of the committee and offered the following emergency Ordinance: (~14550) AN ORDINANCE to amend and reordain Section 5. *Amount of pensions* of Chapter 2. *Police and Fire Pensions Prior to January 1. 1946' of Title III. 'Pensions and Retirement' of The Code of the City of Roanoke, 1956; and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 25, page ~7.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler. Young. and the President, Mr. Anderson .................. 7. NAYS: None ........ BUDGET-WILDWOOD ClVlC LEAGUE-PARKS A~ PLAY6ROUNDS: The Council at its meeting of August 14, 1961, having referred to a committee composed of Messrs. Walter L. Young. Chairman, Roy R. Pollard, Sr.. and Benton O. Dillard for study and recommendation a report of the City Manager recommending acceptance of the bid of A. L. Parris Company for construction of a park shelter at Thrasher Park. in the amount of $?,359.45, the committee submitted its report, advising that in confor~ty with the instructions of the Council, it has conferred with the bidder; that by makin9 certain alterations in the specifications, which will not alter the appear- ance or soundness of the structure, it is possible to save $31~.00 in the cost of the sbelterl that the contractor has amended his bid to provide for these savings by delivering a written statement to the City Manager; and that the City Manager is in agreement with the changes, the committee recommending that the bid of Parris Company, at the revised figure of $?,041.45, be accepted and the contract awarded therefor. Mvo Oillard moved to concur Jn the report of ihe committee. The motion was seconded b~ Or. Cornell and adopted. Mr. Dillard then offered the following emergency Ordinance accepting the proposal of A. L. Pavris Company: (=14551) AN OROINANCE accepting the proposal of A. ~. Pnrris Cnmpan~ for construction of park shelter at Thrasher Park; authorizing the proper City Officials to execute the requisite contract; rejecting all other bids; and pro- viding for an emergenc~. (For full text of Ordinance, see Ordinance nook No. 25. page Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following rote: AYES: Messrs. Cornell. Dillard, Pollard, Webber. Wheeler. Young. and the~ President, Mr. Anderson .................. ?. NAYS: None .................... O. Mr. Wheeler offered the following emergency Ordinance appropriating the necessary funds: (n14552). AN ORDINANCE to amend and reordain Section a144. 'Departmentnl Equipment and l=provements,~ of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page ~9.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornel'l, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ................... ?. NAYS: None ..................... O. S£MERS AN~ STORM DRAINS: The Council at its meeting of February 27. having referred to a committee composed of Messrs. Benton O. Dillard, Chairman, and Charles M. Cornell for study and recommendation a request of Mr. E. Randolph Nichols, 2631 Chatham Street. N. W., that action be taken to relieve flood water conditions on Chatham Street. lyln9 west of ~illiamson Road. the co~mittee submitted its report, recommending that a drainage well or shaft be drilled in Chatham Street at the flooding point to relieve this condition. The committee Chairman advised the Council that Dr. Byron N. Cooper was on the ground with the committee and expressed the opinion that such a shaft might work. Dr. Coraell moved to concur in the report of the committee, ~he motion ~as seconded by Mr. Dillard and adopted, 473 a,7,4 Mr. Webber stated that additional funds mill be needed for drilling of uells and offered the toll,ming emergency Ordinance appropriating $5.O00.O0 for that purpose: (s14553) AN ORDINANCE to amend and reordain Section ~141. #Sewer and Drain Constructi0now of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordlnnnce Book No. 25. page ~9.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber. Mheeler. Young. and the President, Mr. Anderson .................. 70 NAYS: None .................... O. UNFINISHED BUSINESS: AIRPORT: A report of the Airport Committee. recommending rejection of bids for parking concessions at the Roanoke Municipal Airport. authorization of the City Manager to call for bids for construction of a sidewalk canopy or cover at the main terminal building entrance, and paving of the parking lot at the Municipal Airport. the matter was again before the body. Mr. Nebber moved to concur in the report of the committee. The motion was seconded by Mr. Pollard and adopted. Mr. Dillard offered the following Resolution: (~14554) A RESOLUTION rejecting all bids for the operation of parking facilities at the Roanoke Municipal {Woodrum) Airport. (For full text of Resolution. see Resolution Book No. 25, page 90.) Mr. Dillard moved the adoption of the Resolution. The motion was secondec by Mr. Pollard and adopted by the following vote: AYES: ~essrs. Cornell. Dillard, Pollard, Nebber. ~heeler. Young, and the NAYS: None ..................... O. DAYLIGRT SAVING TIME: The request of the Virginia Municipal League that it be advised of the CouncilSs preferende for Daylight Saving Time or Eastern Standard Time as a uniform time throughout Virginia in the summer months, having been laid over from the previous meeting Of the Council, the matter vas again before the body. Mr. Dillard mored to advise the Virginia Municipal League that the Counci is ia favor of and desires to have uniform time throughout Virginia in the summer months. The motion mas seconded by Mr. Pollard and adopted. CONSIDERATION OF CLAIMS: NONE, INTROOUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITIZENS COMMITTEE: The Council having laid over from its previous meeting consideration of a Resolution providing for the creation and appointment of The Citizens* Committee for Greater Roanohe. Mr. #ebher moved to lay the matter over until the next regular meeting of the Council. The notion was seconded by Hr. Mheeler and adopted. LIC£HSES: The Council at its neetlng of Hatch 20. 1961. having directed the preparation of on Ordinance providing for regulation of private detective agentf and operators, the following Ordinance was before she Council: wAN ORDI~ANC£ amending Title XX of The Code of the City of Ruanohe. 1q56. by adding thereto a new chapter, to he numbered Chapter 6. regulating the business of private detectives and private investigators; requiring the lssuunce of a pernit to persons engaged in such business; providing for invessigation and supervision of such persons by the superintendent of police; requiring certain bonds in protection of the public; prescribing certain duties and responsibili~es of per,lttees hereunder; and providing penalties for she violation of the provisions of said chapter,w Mr. Hampton W. Thomas, AttorneF for the original petitioners in the matter appeared before the Council and stated that the private detective operators repre- sented by him agree to the Ordinance as presented. Dr. Cornell stated that he is not prepared to consider the matter at this time and moved to lay it over until the next regular meeting of the Council. The motion was seconded by Hr. Dillard and adopted. mOTIONS A~D MISCELLANEOUS BUSINESS: COUNCIL: Mr. Ford Stephens, 3OIO Avenhan Avenue, S. H.o appeared before the Council and expressed the view that there should be less disagreement among the members of the Council on matters of public policy. BUILDING DEPARTHENT: The City Clerk reported that the tern of Ur. S. Lewis Lionberger as a member of the Board of Appeal. Building Code. will expire on Septe=ber 30. lq61. the term being for five years. On call from the Chair, Mr. Dillard placed in nomination the name of Mr. S. Lewis Llonberger for reelection. Hr. Webber moved to close the nominations. The motion was seconded by Mr. Wheeler and adopted. Hr. S. Lewis Lionberger was reelected a member of the Board of Appeal - Building Code for a tern of five years beginning October !, 1961. by the following vote: FOR MR. LIONBERGER: Messrs. Cornell. Dillard. Pollard, ~ebbeF, ~heeler, Young. and the President, Hr. Anderson ................. T, SCHOOLS: The question of appointment of a member of the Roanoke City School Board to fill a vacancy, having been laid over from the previous meeting of the Council, on call from the Chair, Mr. Dillard placed in nomination the name of Hr, William T. Watkins. Mr. Wheeler moved to close the nominations. The motion was seconded by Dr. Cornell and adopted. Mr. William T. Watkins was elected a member Of the Roanoke City School Board to fill a vacancy for a three year term expiring Jane 30. 1964, by the following vote: 47,5 ,:476 FOR NR. WATKINS: #essrs. Cornell, Dillard, Pollard, Webber, Wheeler. Young, and the President, Hr. Anderson .............. ?. $CHOOLSoPARKS AM) PLAYCROUM)S: Mr. Dillard advised the Council that be and Councilman Cornell, prior to coming to the meeting of the Council. visited Raleigh Court Park play area and picked up a number of pieces of broken glass from the said area (which he displayed to the Council); that this visit was made because of complaints received and because two children were injure4 in the area during the last week, both being cut by particles of glass; and that it is his understanding this glass was contained in fill placed on the area after grading and continually works up through the earth, Mr. Dillard stating that the Council is on record as knowing that this condition exists and requesting that the City Manager alleviate the condition for the safety of the children involved. The City Manager advised the Council that this area has been combed on numerous occasions by municipal employees and prisoners fro~ the city Jail picking up glass and removing it from the playground, and that during the meeting of the Council a group of city workmen is in the park area again picking up the glass. There mas considerable discussion of the matter, during which the City Manager advised that he has planned to have workmen pick up the glass at least meekly during the football season, but, in his opinion, it will be necessary thereafter to remove the top fill on the ground and replace it with glass-free dirl Mr. Young suggested that the use of a road roller weekly on the area might also be helpful. The matter being administrative, it was referred to the City Manager. There being no further business, the Council adjourned. APPROVED COUNCIL, REGULAR M£ETING, Monday, September Il, 1961, The Council or the City o! Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday. September 11, 1961, ot 2:00 **clock. p. m., the regular meeting hour. with the President. Mr, Anderson, presiding. PRESENT: Messrs, Coroell. Dillard. Mebber, Mheeler. Young, end the President, ur, Anderson .................... ABSENT: Rt. Pollard .............1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Rsnager, Rro Randolph G. 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 John St, Clair, pastor, AJrlee Court Baptist Church, MINUTES: Copy of the minutes of the regular meetin9 held on September S, 1961, having been furnished each member of the Council, upon motion of Mr. Wheeler, 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: STREETS AND ALLEYS: The City Clerk presented a petition bearing nine- teen signatures, requesting that Colgate Street, N, E** in the 1700 and blocks, be repaired, Mr, Webber moved to refer the request to the City Manager for study and recommendation, The motion was seconded by Mr, Wheeler and adopted, TRAFFIC: The City Clerk presented u petition bearing thirty-one signa- tures, requesting the installation of a traffic light at the intersection of Bullitt Avenue and Eighth Street, S. Mr, Dillard moved to refer the request to the City ManuRer 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 the Salem Rotary Club that it be granted permission to hold a water ski show at Carvlns Cove Lake on Sunday, June 24, 1962, similar to the one held in 1961, and recommend- ed that the request be granted, Dr, Cornell moved to concur in the request and to direct the City Attorney to prepare a Resolution granting the permission, The motion was seconded by Mr. Dillard and adopted. RESIGNATIONS: The City Manager reported the resignation of Mr. Joseph D. Conner. effective September 4, 1961, and Mr. Donald D. Boatwright, effective September 6, 1961, from the Fire Department, Mr, Wheeler moved to file the report. The motion was seconded by Mr, Webber and adopted, 477 4'78 BUOGET-ROARO OF A$S~SORS: The City Hsssger presented · proposed Ordinance to amend the budget appropriation for the Oosrd of Assessors, made by Ordinance No, 14548, adopted on the 26th day of August, 1961, end advised that the proposed Ordinance ~ill permit employment of personnel by the board during the remainder of the year math,ut consideration of the clty*s Wage and Salary Plan and excluding such employees from membership in the Employees' Retirement System and participation In the vacation and sick leave provisions of the City Code. After considerable discussion of the matter, during mbich it mas stated that the Council did not intend employees of the board to be regular employees of the city. but rather to be employed on a temporary basis not subject to membership in the Employees' Retirement System or benefits under the vacation and sick leave lams; and. also. during said discussion. Mr. Dillard having stated that under the proposed Ordinance salaries can be fixed by the City Manager math utter disregard to the city*s salary schedule. Mr. Webber moved to lay the matter over until the next regular meeting of the Council. The motion was seconded by Mr. Wheeler. Mr. Dillard offered the following Ordinance and on a substitute motion moved its adoption: · AN ORDInAnCE amending and reordaJning Section 6, *Board of Assessors°' of the 1961 Appropriation Ordinance; ex- cepting the operation of the provisions of certain general ordinances of the City to expenditures made hereunder and to persons receiving the same; and provid- ing for an emergency.~ The substitute motion was seconded by Dr. Cornell and lost by the following vote: AYES: Messrs. Webber. Wheeler. Young. and the President. Mr. AndersOn .................................................. 4. ~A¥S: Messrs, Cornell and Dillard ..............2. (Mr. Pollard absent) TRAFFIC: The City Manager reported that. pursuant to a request of Miss ~othleen O. Zollman. 926 Palm Avenue. N. W** that stop signs be placed on the north and south sides of Palm Avenue at its intersection with Olive Road. N. W** which was referred to him by the Council at its meeting of August 14, 1961. he has caused a survey to be made by the Traffic Bureau of the Police Department and the Traffic Engineering and Communications Department and submitted reports from both. recommending against installation of the signs ns requested and pointing out that Miss Zollman's request was made on the basis of her problems in getting out of her driveway; and that her inconvenience resulted from violations of law by other motorists, the reports advising that the Police Department has stepped up its traffic law enforcement at this point; that stop signs are already located at this intersection on Olive Road; and that installa- tion of additional stop signs at the intersection on Palm Avenue or removal of the signs from Olive Road to Palm Avenue will not be consistent with the city's traffic plan. the City Manager recommending that the request be denied. Mr. Webber moved to concur in the report of the City Manager. The motion was seconded by Mr. Wheeler and adopted. CROSSOVERS: The City Manager reported thut John T. Rorgan Roofing Company. ?11 Salem Avenue. S. M.. has requested n 40-foot mide crossover into its place of business nad recommended that the Council authorize a permit granting the request. Mr. Mheeler moved to concur in the recommendation end offered the following Resolution: (z14555) A RESOLUTION authorizing the Director of Public Moths to issue n pernit for the installation of a 40-foot sidewalk crossover from Salem Avenue into the property occupied by John T. Morgan Roofing Company at No. 711 Salem Avenue. S. W. (For full text of Resolution. see Resolution Rook No. 25. page ~O.I Mr. Rheeler moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrso C,mall. Dillard. Mebber. Nheeler. Young. and the President. Mr. Anderson ......................... 6, NAYS: None ...........................O. (Mr. Pollard absent) REPORTS OF COMMITTEES: LICENSES: The Council at its previous meetings having referred to a committee composed of Messrs. Randolph G. Nhittle, Chairman, Harry Ro Yates, Andrew N. Gilbert and Charles M. Cornell requests of Jack Sherwood Advertising Art. ¥1rginia Gasoline Retailers Association. Incorporated. National Business College, Diamond Chevrolet Corporation and Roanoke Automobile Dealers Association that the cities License Tax Code be amended so as to reduce the license tax fees on their businesses, and. in addition, a proposal to amend the city's License Tax Code so as to provide for the abatement of the second half of the city license tax where the licensee holds a non-transferable license and dies during the first half Of the tax year, the committee submitted its report, advising that after a License Code has been effective for some years, as is the case locally, except in extraordinary hard cases, it doubts the wisdom of arbitrarily reducing individual license tax rates because it is difficult to anticipate the inequities such procedure may occasion other uncomplaining city licensees similarly situated and because it is difficult to determine by what amount such a reduction will reduce the city*s annoal income from that source; that the proposal to abate the second half of a year*s license because of the licensee's death during the first half of the tax year, while it naturally appeals to the sympathy Of committee members, adoption of such a policy will inevitably bring additional requests for abatement of the second half of the license taxes in other equally appealing situations such as the licensee having a long illness, being compelled to leave the city, or his place of business being destroyed, etc,, and the abatement Of licenses On quarterly basis rather than semi-annual basis, the committee pointing out that the city's license tax is and has been predicated On the basis that snob license taxes are due as of the first of each year; and that any such apportionment is only a matter 4'79 ~480 of degree, und recommending that no change be made at this time with regard to nny of the matters referred to it, but advising, bom*vet, that it is of the opinion and recommends that the Council provide the services of a completely qualified individual or small group of qualified individuals to mahea detailed study of the over-ell local tnz situation to the end that nil city tax problems may promptly be thoroughly anulyzed and thereafter all rates revised so as to eliminate, so fur as is possible, Inequalities. After considerable discussion of the mutter, Hr. Dillard moved to receive and file the report. The motion mas seconded by Hr. ~ebber and adopted. UNFINISHED BUSINESS: ZONING: The Council ut its meeting of July 31, 1961, having referred to the City Planning Commission for study and recommendation a request of HFS. Zaida A. ar*eden that her property, designated as Lot 12, BI*ch 14, #elF*se Land Company, Official Tax No. 2221414. located on the north side of Heir*se Avenue, N. ~., mast of Eleventh Street. be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, advising that in its opinion rezoning of the property in question will provide a logical extension of un existing business zone and will not add any detrimental elements to the residential neighborhood, and recommending granting the request. Hr. ~ebber moved to set a public hearing in the matter for 2:00 o'clock. p. m., October q, 1961,' and to direct the Attorney for the petitioner to prepare the proper notice thereof, have it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. ~oung and adopted. ZONING: The Council at its meeting of August 14. 1961, having referred to the City Planning Commission for study and recommendation a petition from numerous property owners requesting that the property on both sides Of Patterson Avenue. S. W., between Eighth Street and Twentieth Street. be Fez*ned from its present zoning district to Business District, the City Planning Commission sub- mitted its report, advising that it has consulted with the Attorney for the petitioners and insofar as it can determine there are no present plans to use any of the property in question for business purposes; that in the opinion of the Commission fez*ming of thirteen blocks of residential property is a zone 'change of a very large order and a decision should be made only after careful considera- tion of all factors involved, which will require an economic study to demonstrate the need ~f a business area of the proposed magnitude; and that the Planning Department is at present not able to mahe the necessary studies upon which the Commission can arrive at a conclusion and probably will not be able to do so during the next six months, the City Planning Commission recommending that the Council table the matter until further information is obtained. Mr. ~heeler moved to concur in the report of the City Planning Commissioz The motion was seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITIZENS COMMITTEE: The Council nt its previous meeting baying laid over for consideration at its next regular meeting tke question of adopting a Resolution creating The Citizens* Committee for Greater Roanoke. Hr, Young offered the follomtng Resolution: (~14556) A RESOLUTION providing for the creation and appointment of The Citizens' Committee for Greater Roanoke; defining Its purposes; and authoriz- Ing it to meet with Council. (For full text of Resolution. see Resolution Book No. 25, page 91.) Mr. Young movedthe adoption of the Resolution, The motion mas seconded[i by Mr, Mheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Mebber, Rheeler, Young, and the President, Mr. Anderson ................... 6, NAYS: None ..................... O. (Mr. Pollard absent) LICENSES: The Council at its previous meeting having laid over until its next regular meeting consideration of an Ordinance providing for regulation of private detective businesses in the city, Mr, Young offered the following Ordinance: (~14557) AN ORDINANCE amending Title XX of The Code of the City of Roanoke. 1955, by adding thereto a new chapter, to be numbered Chapter 5. regulating the business of private detectives and private investigators; requiring the issuance Of a permit to persons engaged in such business: providing for in- vestigation and supervision of such persons by the superintendent of police; requiring certain bonds in protection of the public; prescribing certain duties and responsibilities of permittees hereunder; and providing penalties for the violation of the provisions of said chapter. WHEREAS. the Council deems it necessary and expedient for promoting and maintaining the general welfare, morals, peace, trade and commerce Of the City and its inhabitants to make certain provisions regulating persons engaged as, or conducting the business Of private detectives and private investigators, as those terms are hereinafter defined. THEREFORE. DE IT ORDAINED by the Council of the City of Roanoke that Title XX Of The Code of the City of Roanoke, 1955, be, and the same is hereby amended by adding to said code and title a new chapter, to be numbered Chapter 6, to provide as follou$: CHAPTER 6 Private detectives and lnvestiqators Sec, 1. Definition Of private detectives and private investi- gators: permit required. (a) For the purpose of this chapter the term *private detec- tivee or °private investigator* shall mean any person who accepts employment for hire, fee, compensation or remard to furnish or 481 48-2 supply information as to, or who shall investigate the personal character or actions or identity or any person. or as to the character or kind of business or occupation of any person, The terms shall not include a detective or officer who Is a member of any lam enforcement agency of the United States or of this or any other state or of any political subdivision thereof, mbich such person is acting for or on behalf of any such agency; nor shall the terms include those persons engaged in the business of n mercantile agency, a financial rating business or bureau or mbo furnish reports only as to the financial standing of other persons, and who are licensed under section 32 of Chapter b, Title VI of this code; (b) It shall be unla#fnl for any person to engage in the business of a private detective or private investigator or to operate a private detective or investigative agency in the city without first obtaining a permit from the superintendent of po- lice of the city so to do; (c) It shall be unlawful for any employee of any person en- gaged in the business of a private detective or operating a private detective or investigative agency in the city to per- form investigative o~ detective work in the city without first Obtaining a permit from the superintendent of police of the city so to do. Sec. 2o Application for permit; form and contents thereof. (a) Any person desiring a permit to engage in the business of a private detective as defined in the preceding section or to perform detective or investigative NOrh for persons engaged in such business shall make written application therefor to the superintendent of police of the city on a'form prescribed by him, which application shall contain the following information: (1) The full name, age, residence and present and previous occupations of the applicant; (2) A specific description of the location Of the principal place of business of the applicant and of the nature and type of the proposed business operation; (3) The nnmber of years experience the applicant has had as a private detective or in related fields; (4) The length of time the applicant has been a bona fide resident Of the State of Virginia immediately preceding the filing of the application and the appllcant*s place or places of residence for not less than fifteen years immediately preceding such application; (5) Such other lnfornatlon as the superintendent of police shall find reasonably necessary to effectuate the general purpose Of this chapter- and to make a fair determination of uhether the terns of this chapter have been met; and such application shall be accompanied by a full set of fingerprints and a recent photo= graph of the applicant, (b) Nithin five days after receipt of such application the superintendent of police shall cause an investigation to be made of the applicant and of the matters contained in said application and of the applicant's proposed business operation. Sec~ 3. Standards for issuance of permits, The superintendent of police shall lssue a permit hereunder ehen he finds: (a) That the applicant is of good moral character; (b) That the applicant has never been convicted of any less than one (1) year and who desires to (e) That all employees of any personhavin9 or 483 .48.4 days after the filing of ·ppllcntion therefor unless for good cause the investigation c·nnot he completed mithin such time, Ir the superintendent of police disapproves the ·pplic·tion, he shall give to the applic·nt mithia tmenty-oue (21) d·ys after the d·te upon mhlch the applic·tion nos filed, · notice of such ·etlon. stating the re·son for the deni·l of the permit, such notice to he given in the m·nner provided in the following section. A copy of e·ch such ·pprov·l or disapprov·l shall be given by the superintendent of police to the commissioner of the revenue of the city of Roanoke. Sec. 5. Suspension or revocation of permit. The superintendent of police at any time. after giving at least five days' written notice and an opportunity to be heard to the permittee, shall suspend, for such length of time as he may deem proper, or revoke, any such permit theretofore issued under the provisions of this chapter, and any license issued to such permittee under Ch·pter D, of Title VI, of this code for any of the following causes: (a) Fraud or misrepresentation by the per~lttee In the procurement of the permit, proven beyond reasonable doubt to the satisfaction Of said superintendent; (h) Divulgence by the permittee to any person other than his client of any information which he obtained from or for his client, except when authorized by his client to make such divulgences or when required by law so to do; (c) Conviction of the permittee on any charge of perjury or subornation of perjury; (d) Conriction of the permittee of any felony or on any charge of theft, misappropriatfon or embezzlement; (e) Recovery by any injured or damaged party on per- mittee's bond as provided In section 6, hereinafter. The notice given to the permittee may be sent to him by cer- tified or registered mail to the address given by hlm in his application for a permit, which mailing shall constitute sufficient service of the notice. Sec, 6. Appeals to the Courts From any decision of the superintendent of police refusing to grant, suspending or revoking any permit, the applicant or permittee, as the case may be. shall have · right of appeal of such decision to the Hustings Court of the City of Roanoke. The appeal shall be taken by snch.person mlthin ten days after mailing of the notice of the action appealed and shall be by written petition addressed to said Court. ~ith notice of the filing of the same to be served on Or delivered in per,on to the sap,Flat,nd,mt of police, the city attorney and the Commonmealth*s Attorney for the City of Roanoke. ~ect 7. Condition of permit. (a) Term of permit. All permits issued hereunder shall be for a term of not uore than one year ending on the 31st day of December next following the date of (b) Transferability. Permits issued hereunder shall not be transferable. (c) Renewal. The superintendent of police shall annually. upon application, issue renewal permits to all permittees whose licenses have not been suspended at the time said licenses have expired. (d) License under Chapter 8, Title VI, hereof. No permit issued under the provisions of this chapter shall exempt OF be deemed to exempt the permittee or any other person named therein from the assessment and payment of any business license tax imposed upon such person by section 57 of Chapter 8. Title VI. of this code. Sec. 8, Bond required. No permit shall be issued hereunder unless and until the ap- plicant shall have filed with the city clerk a bond in the sum of one thousand dollars, cash. or. in lieu thereof, a surety bund in the principal sum of one thousanddollar$ executed by benefit of said city and of each and e~ery person damaged or injuredby the careless. ~egllgent. fraudnlent, willful, malicious or wrongful act of or private investigator; and said city and/or each 485 :48,6 such injured or damaged person may bring t direct action on the bond in its or his oma name to recover damages rot such default, (b).The superintendent of police shall suspend any permit when the bond required upon the issuance or renewal of any such permit shall have lapsed or is reduced by reason of a Judgment or recovery thereon, or for any other reason is no longer in full force and effect, Sec~ g. Fees, There shall be paid to the city, through the office of the superintendent of police the following fees, prior to the issuance of any permit hereunder: (a) Upon application for the initial issuance of any permit hereunder, a fee of ......... $7,50 (b) Upon application for the issuance of any annual renewal permit hereunder, a fee of ....... 2.50 in order to partly defray the city's expense of investigation required hereunder to be made by the superintendent of police, Seo~ 10, Promulgation of regulations by superintendent of police. The superintendent of police shall have the authority to promulgate and enforce reasonable rules and regulations for the operation of private detectives and private investigators in the interest of public safety, morals and the welfare, and in order to administer and effectuate the general purpose of this chapter, such regulations to be in aid of and not incon- sistent mith the provisions hereof. Sec. 11, Penalties. Any person who shall engage in the business of a private detective or private investigator, or who shall op~rate a private detective agency in the city, or mbo shall perform investigative or detective work in the city for a person engaged in the business of a private detective or private investigator, or who shall operate a private detective or investigative agency in the city without first having obtained a permit under this chapter from the superintendent of police so to do, or mbo shall do so while a permit issued to him or to his principal hereunder is suspended or after such a permit is revoked, upon conviction thereof, shall be punished by a fine of not more than five hundred dullard or by confinement in jail not exceeding six months, or by both such fine and confinement. Each day's continuance of any such violation shall constitute a separate offense. BE IT FURTHER ORDAINED that this ordinance shall be in fall force and effect from and after January 1, 1962, Mr, Young moved the Ordinance on fas first reading, The motion was seconded by Rt. Webber and adopted by the following vote: AYES: Messrs. Cornell, Webber, Wheeler. Young, and the President, Mr, Anderson ................................... NAYS: Mr. Dillard ...............1. (Mr. Pollard absent) BOARD OF ASSESSORS: The Council at its meetln9 of September 5. 1961. having directed the preparation of an Ordinance hath,fining the City Manager to rent necessary office space for the 1962 Board of Assessors. Mr. Wheeler offered the following emergency Ordinance: (n1455~) AN ORDINANCE authorizing the City Manager to rent office space at 112 Kirk Avenue. S. W** for the immediate use by the 1962 Board Of Assessors; and providing for an emergency, (For full text of Ordinance. see Ordinance Book No. 25. page Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. C.mall. Dltlard. Webber. Wheeler. Young. and the President. Mr. Anderson .................... 6. NAYS: None ...................... O. (Mr. Pollard absent) CITY JAIL: The Council at its meeting of September 5. 1951. having directed the preparation of necessary Ordinances awarding contracts for certain improvements to the City Jail aS recommended by the City Manager. Mr. Webber offered the following emergency Ordinance: (:14559) AN ORDINANCE accepting the proposal of Hal,ca Corporation for furnishing valve assembly in connection with the remodeling of the City Jail; authorizing the Purchasing Agent to issue the requisite purchase order; rejecting all Other bids; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25. page Mr. Webber moved the adoption of the Ordinance. The notion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Webber, Wheeler, Young, and the President. Mr. Anderson .................... 6. NAys: None ......................O. (Mr. Pollard absent) Mr. Wheeler offered the following emergency Ordinance: (=14560) AN ORDINANCE accepting the proposal of N,land Company. Inc., for furnishing certain plumbing fixtures for the City Jail; authorizing the Purchasing Agent to issue the requisite purchase order; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No, 25, page 93.) Mr. Wheeler moved the adoption of the Ordinance. Ybe motion was seconded by Mr. Webber and adopted by the following vote: 4'8 8 AYES: #easts, Coraell, Dillard, Webber. Wheeler, Young, nad the President. Mr. Anderson ..................... NAYS: =K,ne ....................... O. (Mr. Follnrd absent) #r. [ebber offered the following emergency Ordinance: (a14561) AN ORDINANCE accepting the proposal of H, A, Gross, Incorpora- ted. rot plumbing work in connection with remodeling of the City Jail; authorizing the proper City Officials to execute the requisite contract; rejecting the other bid; and providing for an ewergency, (For full text of Ordinance, see Ordinance Dook No, 25, page 94,) Mr. Webber moved the adoption of the Ordinance. The notion was seconded by Mr. Wheeler and adopted by the following rote: AYES: Messrs. Cornell, Dillard, Yebber. Wheeler, Young, and the President. Mr. Anderson ..................... 60 NAYS: None .......................O° (Mr. Pollard absent) Mr. #heeler offered the following emergency Ordinance: (=14562) AN ORDINANCE accepting the proposal of Roanoke Iron Bridge Marks, Inc.. for prison type steel work in the City Jail and, also, for furnishing and installing seven addtional double-deck bunks; authorizing the proper City Officials to execute the requisite contract; rejecting the other bid; and providing for an emergency. (For fall text of Ordinance. see Ordinance Book No. 25, page 95.) Mr. Wheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Webber, #heeler, Young, and the President, Mr. Anderson ..................... 6o NAys: None .......................O, (Mr. Pollard absent) Mr. Mheeler then offered the following emergency Ordinance. (~14563) AN ORDINANCE accepting the proposal of Days Construction Company, Inc., for alterations and remodeling of the City Jail; 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 Book No. 25, page Mr. ~heeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Webber. Wheeler, Young, and the President, Mr. Anderson ..................... 6. NAYS: None .......................O. (Mr° Pollard absent) Mr, Mebber offered the following emergency Ordinance providing necessary funds for the improvements to the City Jail: (~14564} AN ORDINANCE to auend and reordain Section ~144, "Departmental Equipment and Improvements," of thelg61Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25. page 97.) J 6 Mr, Webber moved the adoption of the Ordinance, The motion was seconded by Yr. Wheeler and adopted by the folloulng vote: AF~: Wessrs, Coroell, Ofllnrd0 Webber, Wheeler° Young, nod the President. Mr. Anderson ......................... I~YS: None ...........................O, (Hr, Pollard absent) MOTIONS AND RISCELLANEOUS BUSINESS: COUNCXL: Rt. J. E. Fogle, 1023 Perainger Road. S, W,. appeared before the Council and stated that in his belief there is considerable anonnt of waste in the city government that should be eliminated and that the City Ranager should on his own Initiative eliminate such waste. Mr. Fogle mas advised by the Mayor that if he would present to the Council in writing details of any such waste, an investigation will be made and corrective action taken where justified. SCIIOOLS: Mr. James K. Morton appeared before the Council and stated that he has a son who has entered Brechenridge Junior High School this year and has been advised by the school coach. Mr. Osborne, that it is necessary that he purchase a gym suit and rent towels from the school for gym activities; that he objected to the necessity of renting towels because he bas plenty of towels at home that his son can take to the school; and that his son has been adeised by the coach that his grades will suffer if he does not rent the towels. Mr. Morton was advised by the Mayor to take the matter up with the principal of the school or other school officials since this does not come within the authority Of the Council. COUNCIL: Dr. Cornell requested that the City Attorney be instructed to advise whether *the Council" as referred to in the City Charter means the entire Council as a body or a member of the Council, particularly with reference to requesting opinions from the City Attorney. Dr. Cornell was advised by the City Attorney that he has previously submitted an opinion in this matter to the Council and will mail him a copy thereof immediately. There being no further business, the Council adjourned. APPROVED 489 490 COUNCIL, REGULAR REETING. Monday, September 18. 1961. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building. Monday, September IU, 1961. at 2:00 ,*clock. p. m.. the regular meeting hoer. with the President. MF~ Anderson, presiding. PRESENT: Messrs. Cornell. Dillard. Mebber. Mheeler, and the President. Mr. Anderson ......................................... 5, ABSENT: Messrs. Pollard and Young ......... 2. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Rt. Randolph G. Mhittle. City Attorney, Mr. Harry R. Yates. City Auditor, and Hr, J. Robert Thomas, City Clerk. INVOCATION: ~he meeting Nas opened mith a prayer by the Reverend William R. Scott, Pastor, Slate Bill Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on September 11 1961, having been furnished each member of the Council, upon notion of Mr. Wheeler. seconded by Dr. Cornell and adopted, the reading was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS Upon PUHLXC MATTERS: NONE, PETITIONS AN~ COMMUNICATIONS: SCU00LS: The City Clerk presented a communication from the Highland Park Citizens Committee, advising that it is anxious to have a joint meeting between the City Council, the City School Board and the Committee, wit~ reference to the assignment of students to Jefferson High School and Lee Junior High School. since the meeting previously set for August 24, 1961, was not held due to absence from the city of members of the School Board. Mr. Webber moved to direct the City Clerk to arrange for a time and place of meeting Nhich will be convenient to members of both the City Council and the School Board. The motion was seconded by Mr. Wheeler and adopted. LICENSES: The City Clerh presented, a communication from Mr. Richard F. Pence, advising that in his opinion an inequity exists in the city*s License Tax Code dealing with penalties for failure to file and for failure to pay licenses at the times prescribed by laN, in that the code provides for Nhat he terms double penalties in some instances, and requesting that the Council have its Tax Study Committee stndy this matter and report to the Council so that it may take appropria action. In this connection. Messrs. Claude Ao Hodges and J. Cutchin Rodges. Bodge! Lumber Corporation, appeared before the Council and advised that because of an error in the Corporation's bookkeeping department, it failed to p~y the second half of its license tax for the year 1961Nlthin the grace period, consequently, it had to pay a penalty of ten per cent thereon, and that the Corporation has been paying its taxes for some thirty years, never failing to pay its taxes on time, and feels that such a penalty is not justified. J Br. Eh,clef moved to refer the matter to a committee composed of Bessrs. Randolph G. Nhittle. Chairmsn. Charles M. Cornell. Andreu ~. Gilbert and Barry R. Yates for study and recommendation. The motion man seconded by Mr. Dillard and adopted. PENSIONS: The City Clerk presented a communication from the Board of Trustees of the Employees' Retirement System, advising that it has on file and avail-' able to any member of the Council an actuarial report of the System as prepared by Rt. George B. Beck. Consul,In9 Actuary. covering the year 1960. MFo Mheeler moved to file the report. The motion was seconded by Dr. Corn*Il and adopted. REPORTS OF OFFICERS: BUDCET-AIRPORT: The City Manager requested an appropriation of $150.00 to defray the casts of dedicating the Piedmont Hangar at Roanoke Municipal Airport. Mr. Mheeler moved to concur in the request and offered the following emergency Ordinance: (~14S65) AN ORDXNANCE to amend and reordaJn Section ~B~, "Airport." of the 1961 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page JO4.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. ~ebber and adopted by the following vote: AYES: Messrs. Corn*Il, Dillard, Webber, Nba*lev. and the President, iff. Anderson .................... 5. NAYS: None ...........O. (Messrs. Pollard and Young absent) DONATIONS-STREEYS AND ALLEYS: The City Manager presented deeds from Mrs. Reva D. Harbour, W. R. and Beatrice W. Harbour, and Ernest W. and Madge B. Mitchell.il conveying to the city certain portions of their land needed for the widening of Franklin Road. south of Broadway. and recommended adoption of an Ordinance accepting!~ the said deeds. Rt. Mheeler moved to concur in the recommendation and offered the followin' emergency Ordinance: (~14566) AN ORDINANCE providing for the acquisition of certain properties on the present northwest side of Franklin Road, S. W., for the proposed widening aud improvement of said road; and providin§ for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 104.) Br. Wheeler moved the adoption Of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Messrs. Cord*Il, Dillard. ~ebber, ~heeler. and the President, Mr. Anderson ..................... NAYS: None ............O. (Messrs. Pollard and Young absent) TRAFFIC: The City Manager reported that. pursuant to direction of the Council at its meeting of September 11. 19bl, he has studied the request of citizens for installation Of a traffic light at the intersection of Bullitt Avenue and Eighth 491 492 Street, S. E.; that at the present time there is a atop sign at thin intersection Which Shomld control the traffic thereat if obeyedl that the Police Department is stepping up its enforcement at this intersection; and that there are no funds in the 1961 budget from which a light can be installed at this intersection, the City Manager recommending that consideration be given to appropriation of necessary fund for such a light along with many others needed ia the city. Mr. Mheeler moved to concur la the City Manager*s report. The motion was seconded by Mr. Webber and adopted. STREEYS AND ALLEYS: The City Manager reported that, pursuant to a directive of the Council at its meeting of September 11. lgbl, he has investigated the petition of citizens for improvements in the 1700 and lBO0 blocks of Colgate Avenue. N. E., and advised that the Department of Public Works is making repairs to the Street and will try to maintain it in reasonable condition; homever, that the street should have a permanent pavement, but there are no funds available in the 1961 budget therefor, the City Manager recommending that the Council consider this along with its 1962 budget. Mr. Wheeler moved to concur [o the report of the City Manager. The motion was seconded by Mr. Dillard and adopted. DUDGET-DEPARTMENT OF PUBLIC ~ELFARE-STATE HIGHWAYS: The City Manager submitted a communication from the State Department of Highways, presenting an agreement for removal of bodies from the cemetery located at the northwest corner of Second Street and Hart Avenue, N. E.. and recommended that the Council authorize approval of the a~reement and the removal of the bodies in the said cemetery. Mr. Wheeler moved to concur in the recommendation of the City Manager and offered the following Resolution rescinding a Resolution previously adopted in connection with this matter: (~1456T) A RESOLUTION repealing Resolution No. 14451. (For full text of Resolution, see Resolution Book No. 25, page lOb.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconde by Mr. Dillard and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Webber. Wheeler. and the President, Mr. Anderson ..................... 5. NAYS: None ............ O. (Messrs. Pollard and Young absent) Mr. Mheeler then offered the following emergency Ordinance: (=1456b) AN ORDINANCE directing the City Manager to cause the bodies of all deceased persons heretofore buried in the City's free burial ground on City-owned real estate on the northwest corner of 2nd Street and Hart Avenue, N. and in that'unimproved portion of 2nd Street lying to the north of said Hart Avenue and. also. in the unimproved alley contiguous to said cemetery on the north to be carefully and reverently disinterred and immediately, thereafter. likewise, carefully and reverently relnterred in the area hereinafter designated; and providing for on emergency. (For full text of Ordinanoe. see Ordinance Book No. 25, page 1Ob.) i Mr. Mheeler moved the adoption of the Ordinance, The motion Was seconded by Dr, Cornell and adopted by the following vote: AYES: Messrs. Coroeli, Dillard, Mebber, Yheeler, and the President, Mr. Anderson .................... $. NAYS: None ...........0. (Messrs. Pollard and Young absent) AIRPORT: The City Manager presented a tabulation of bids received for construction of bituminous pavement, concrete curb, area lighting and an attendant office for automobile parking facilities at the Municipal Airport, showing the bid of Hartman Construction Company. in the amount of $37.86g.09. as Iow, and recommended acceptance thereof. Mr. Webber moved to lay the matter over until the regular meeting of October 2, lqBl, because of the absence of two members of the Council. The motion was seconded by Mr. Mheeler and adopted, Mr. Dillard voting no. REPORTS: The City Manager presented a report of the Department of Public Welfare for the month of July, 1961, and reported other departmental reports on file in his office. Mr. Wheeler moved to file the report. The motion was seconded by Dr. Cornell and adopted. · REPORTS OF COMMITTEES: LICENSES: The Council at its meetings of July 31. 1961. August 14, 1961,11 and August 20, 1961, having referred to a committee composed of Messrs. Arthur S. Owens, Chairman. Harry R. Fates and Randolph C. Whittle for study and recommenda- tion requests of Wright Motor Corporation. Rutrough Motors and Nick Lampros that they be relieved from payment of portions of their 1951 license taxes, the committee submitted its report, recommending denial of the requests. Mr. Webber moved to lay the matter over until the meeting of October 2, 1961. The notion was seconded by Mr. Wheeler and adopted. UNFINISHED BUSINESS: ZONING: The Council at its meetin9 of August 26, 1961, havin9 referred to the City Planning Commission for study and recommendation the request of Mr. John H. Mindel that his property located on the southwest corner of Orange Avenue and Twentieth Street, N, W., designated as Lot 3, Block 82, and the triangle in Block 62, Melrose Land Company, Official Tax No. 2321904, be rezoned from General Residence District to Bnsiness District, the City Planning Commission submitted its report, advising that the area in question is completely residential and in its opinion rezoning of the property of Mr. Windel will constitute spot zoning and will precipitate numerous other resorting requests, which, in turn. Mill lead to the destruction of the value of this area as a residential neighborhood, and recommend- ing denial of the request. The City Clerk advised that the petitioner desires a public hearing in the matter. 493 494 Mr. Webber norad to ret a public hearing for 2:00 o'clock, p, m.. October 16. 1961, and to direct the petitioner to prepare the proper notice thereof have it approved by the City Attorney and present it to the City Clerh for publica- tion, The motion mas seconded by Mr. Dillard and adopted. ZONING: The Council at its meeting of July 31. 1961. having referred to the City Planning Commission for study and recommendation u petition of the First National Exchange Dank of Roanoke that Lots 2S and 26. ¥ieemont. Official Tax No. 2260S15. located on the northwest corner of Relrose Avenue and Yiemmont Street, N. M., be renoned from General Residence District to Business District. the City Planning Commission submitted its report, advising that the property is located across the street from the entrance ~ Fnirvlew Cemetery and adjacent to the entrance to a residential development on ¥iemmont Street; that it is the beginning of a solid residential development on the north side of Melrose Avenue; that it has learned the intended use of the property is for a gasoline station; and that it is of the opinion that such use will be detrimental to the surrounding residential property and is undesirable, the City Planning Commission recommending denial of the request. The City Clerk presented a communication from Woods, Rogers, Ruse ~ Walker. Attorneys for the petitioner, requesting that it be permi~ed to mithdraw the request without prejudice. Rt. Wheeler moved to concur in the request for withdrawal. The ~otion was seconded by Dr. Cornell and adopted. CONSIDERATION OF CLAIRS: NONE, INTRODUCTION Ah~ CONSIDERATION OF ORDINANCES AND RESOLUTIONS: LICENSES: Ordinance No. 1455T, regulating the business of private detectives and private investigators, having previously been before the 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: (~1455T) AN ORDINANCE amending Title XX of The Code of the City of Roanoke. 1956, by adding thereto a new chapter, to be numbered Chapter 6. regulatit the business of private detectivesand private investigators; requiring the issuance of a permit to persons engaged in such business; providing for investiga- tion and supervision of such persons by the superintendent of police; requiring certain bonds in protection of the public; prescribing certain duties and respon- sibilities of permittees hereunder; and providing penalties for the violation of the provisions of said chapter. (For full text of Ordinance. see Ordinance Book No. 25, page 90.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the foiloming vote: AYES: Messrs. Cornell, Dillard, Webber. Wheeler, and the President. Mr. Anderson ..................... 5. NAYS: None ............ O. (Messrs. Pollard and Young absent) ,! WATER DEPARTMENT: The Council at its meeting of September 11. 1961, having directed the preparation of un Ordinance grontin9 permission to the Salem Rotary Club to hold a mater skf shom at Curtius Core Lake aa Sunday, June 24. 1962. Dr. Coruell offered the following Ordinance~ (~14569) Ag ORDINANCE granting to the Salem Rotary Club permission to hold a water ski show in a portion of the recreational area at Carvlns Core on June 24. 1q62, upon certain terms end condltions~ providing for an alternate date for the holding of said show; and teuporarily suspending certain of the regulations in effect at the Carvins Core area. WflEREAS, the Salem Rotary Club has requested permission to sponsor and conduct a water ski show in a portion of the recreational area at Carvins Cove, the entire proceeds from which are to be used for charitable purposes and the City #manger has recoomended that the Council permit the same to be held pursuant' to subsection (g), Section 40 Chapter 2. Title Xll, of The Code of the City of Roanoke. 1956. upon the terms and conditions hereinafter prorided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Salem Rotary Club be. and it is hereby, permitted to sponsor and conduct, without charge by the City, a water ski show in a part of the recreational area at Car¥ins Cove on June 24, 1962, commencing at or around 2:00 otclock, p. m.. upon the express terms and conditions: 1. That the area to be used for said show shall 495 ' 496". into any part of the Carvias Cove reeerational area other than the water area wherein said show is to be conducted; 5, That, prior to said show or to any rehearsal therefor, said permittee shall have executed an at- tested copy of this ordinance in evidence of its consent to all of the terms and provisions hereof further, shall have filed with the City Clerh copies of such public liability and property damage insurance policies, or certificates thereof, as shall be required by the City Manager and approved by the City Attorney; 6. That said permittee, by exercising any Of the privileges herein granted and by execution of an tested copy of this ordinance, shall be deemed to have agreed and covenanted tO indemnify and save the City harmless from any liability or claim arising in any manner from its exercise of the privileges herein granted; T. That, in the evens of bad weather OF other unforeseen circumstances precluding the conduct of said show on June 24, lq62, said show may be con- ducted and the privileges Of this permit exercised, subject to all of the terms and conditions hereof, on July 1, 1962, at the above-mentioned time; and ~. That, except as herein otherwise provided, said permittee and all participants in said show will comply with and observe all of the City's rules and regulations concerning the operation of the Carvins Cove area. BE IT FURTHER ORDAINED that, for the purpose of rehearsing for and conducting the aforesaid show, the rules and regulations for the operation and use of the Carvins Cove area shall be suspended as to those persons and those boats actually participating iA said show to the extent that no permit, fee or inspection shall be required of said boats and the same may be =oored overnight preceding the day of said show in the small cove above-mentioned nor shall the regulations relating to open exhausts, fuel, speed, right of way or lights apply to those boats participating in or rehearsing for said water ski show. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby charged with the general duty of administering and enforcing the terms and prorlsions of this permit. Ii 497 Dr. Cornell waved the Ordinance on its first reading. The motion sas seconded by Mr. Nheeler and adopted by the following rote: AYES: Messrs. Cornelia Oillard, Webber, Mheeler, and the President, Mr. Anderson ..................... 5. MAYS: None ............O. (#essrs. Pollard and Young absent) MOTIONS AND MISCELLAENOUS BUSINESS: COUNCIL: Mr. Alfred #. Cheatwood, Sr., appeared before the Council and offered complaints that the City Manager is incompetent. Mr. Cheatwood was advised that if he will file in writing detailed and specific complaints, tbe Council will take proper action. GRADE CROSSINGS-STREETS AND ALLEYS: Mr. Ralph A. Glasgow appeared before= the Council and stated that he is the owner of o tract of land located at the end of Roanoke Avenue, S. W., between the Norfolk and Nestern Railway line and Roanoke River; and that there is no access to his property, the crossing over the railroad having been closed a number of years ago by the county. Mr. Glasgow was requested to file a written statement of his problem and his requested action. QUALIFICATION OF OFFICERS: The City Clerk reported that the following members of Boards and Commissions have qualified: Mr. Arthur N. Matthews. Hoard of Trustees of the Employees' Retirement System; Mr. C. E. Hunter, Jr.. City Planning Commission; Messrs. Evans B. Jessee, C. D. Hurt and Mrs. Elizabeth M. Drewry. Roanoke Public Library Hoard; Messrs. Robert R. ~oody, Gordon C. Willis, Earle J. Wentz. Jr.. James L. Trinkle, English Sbcwalter, Edward H. Scott. Untold N Hoback, James P. Hart, Jr** John W. Hancock. Jr.. Robert A. Garland. Earl A. Fitzpatrick, E. Oriffith Dodson, Jr., A. A. Akers and Mrs. Emmett R. Albergotti. Charter Study Commission; Mr. John F. Newsom. Jr., Redevelopment and Housing Authority; Messrs. Clarence M. Hawkins, David H. Burrows and William T. Watkins. School Board; and Mr. S. Lewis Lionberger, Hoard of Appeal, Building Code. Mr. Wheeler moved to file the report. The motion was seconded by Mr. Webber aod adopted. COUNCIL: Dr. Cornell stated that, in his opinion, the Council should hold at least one of its regular meetings each month in the evening beginning at T:30, p. m.. and moved to direct the City Attorney to prepare an Ordinance pro- viding for at least one of the Councilts regular meetings each month to be held in the evening at 7:30, p. m., the dates during the month when such meeting is to be held to be determined by the Council. The motion was seconded by Mr. Dillard and adopted, Messrs. Webber and Wheeler voting no. There being no further business, the Council adjourned. APPROVED I ATTEST: r;v-- C~erk ........ President (~oHMONWEALTH' OF ~RGINi~ VIRGINIA ~TATE LIBRARY RIC~OND 23219 ' HICROFILH CARERA OPERATOR'S CERTIFICATE THIS IS TO CERTIFY THAT THE HICROPHOTOGRAPHS APPEARING ON THIS REEL ARE TRUE ANn'*ACCURATE REPRODUCTIONS OF THE RECORDS LISTED ON THE TITLE SHEET PRECEDIHG EACH VOLUHE OR SERIES OF RECORDS HICROFILNEu THEREONJ THAT THE REcoRDS HERE REDUCTION RATIO INDICATED{ A~D THAT ."EH HICROFIL~RD THE RECORDS HERE lH THE CUSTODY OF THE DEPARTItENT,, OFFICE,, OR INDIVIDUAL LISTED ON THE TITLE SHEET,