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HomeMy WebLinkAboutReel 25 (10/02/1961 - 06/28/63)COUNCIL, REGULAR MEETING, Monday, October 2, lg61, The Council of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Monday, October 2, 1901, at 2:00 otclock, p, m** the regular meeting hour, uith the President, Mr, Anderson, presiding, PRESENT: Messrs, Corn*Il, Pollard, {~ebber, Mheeler, Young, and the President, Mr, Anderson ........................ ABSENT: Mr, Dillard .................1, OFFICERS PRESENT: Mr, Arthur $, Owens, City Manager, Mr, Randolph G, Mhittle, City Attorney, Mr, Barry R, Yates, City Auditor, and Mr, Jo Robert Thomas, City Clerk, INVOCATION: The meeting was opened with a prayer by the Reverend {~illiam ¥, McCray, Pastor, Glade Creek Lutheran Church, MINUTES: Copy of the minutes of the regular meeting held on September 10, 1961, having been furnished each member of the Council, upon motion of Mr, Wheel*F, seconded by Mr, Pollard 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, po m,, Monday, October 2, lgS1, on the request of the Plaza Restaurant and Rotor Court that property fronting 100 feet on Yardley Drive and 150 feet On Maplelawn Avenue, N, W,, known as Lots 3, 4 and 5, Block 2, Yardley Square, Official Tax Nos. 2170402, 2170403 and 2170424, be rezoned from General Residence District to Business District, and notice Of the hearing having been published in Ih* Roanoke Igorld-News gu September 15, lqCl, and the City Planning Commission having previous- ly recommended that the request be granted, the hearing was held 'at which no one appeared in opposition, Mr, Claude D, Carter, Attorney for the petitioner, appeared and requested that the Council concur in the recommendation of the City Planning Commission. Mr, Young moved to concur in ~e request and offered the following Ordinance: (~14570) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1g$6, in relation to Zoning, WHEREAS, application has been made to the Council of the City of Roanoke to have the property fronting 100 feet on Yardley Drive and 150 feet on Maplelawn Avenue.in the City of Roanoke, known as Lots 3, 4 and 5, Block 2, Yardley Square. Official Tax Nos, 2170402, 2170403 and 2170424, rezoned from General Residence District to Business District; and WHERrieS, the City Plannin0 Commission has recommended that the hereinafter described land be rezoned from General Residence District to Business District; and MHKIIEAS, notice required by Title l~, Chapter 4, Seotlo'n 43, or The Code of the Cit! of Roanoke, 1956, relating to Zoning, has bee· p~hlished in "The Roanoke Rorid-Rews,u · newspaper published la the City of Roanoke, for the tine required by said sections and NHERF-.~S, the hearing as provided for in said notice nas held on the 2nd day of October, 1961, at 2:00 o*c~ock, p, u** before the Con·cji of the City of Roanoke, at which hearing all parties in Interest and citizens were give· an opportunity to be heard both for and against the proposed rezonlng~ and RHEREAS, 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 Hoanoke that Title XV. Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, relating to Zoning. be amended and rea·acted in the following particular.and no other, viz,: Property located on Maplelawn Avenue and Yardley Drive. described as Lots 3. 4 and 5. Block 2. Yardley Square, designated on Sheet 217 of the Zoning Rap as Official Tax Nos. 2170402, 2170403 and 2170424. be, and is hereby, changed from General Reside·ce District to Business District and the Zoning Map shall be changed in this respect, Mr. Young moved the Ordinance on its first readin9. The motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Webber, Wheeler, Young. and the Presiden Mr. Anderson .......................... 6. NAYS: None .................. O. (Mr. Dillard absent) ZONING: A public hearing havin9 bee· set for 2:00 o'clock, p. m., Monday. October 2, 1961, on the request of C. C. and Carrie R. Kane that their property located between WestsJde Boulevard, N, ~. and Peters Creek, designated as Official Tax Nos. 2750908, 2750910. 2750912 and a portion of 2750902. be rezoned from Central Residence District to Business District. and notice of the hearing having been published in The Roanoke Rorld-News on September 15, 1961. 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. Murray A. Foster. Attorney for the petitioners, appea~ed before the Council and advised that his clients intend to use the property for business purposes in connection with the adjacent shopping center; and that if and when the city decides to extend Westside Boulevard through his clients' property, a 50-foot wide right of way will be donated to the city through the property designated as Official Tax Nos. 2?50907, 2750g06 and 2750912. Mr. Wheeler moved to concur in the request and offered the following Ordinance: (~14571) AN ORDINANCE to amend and reenact Title XV. Chapter 4. Section 1. of The Code of the City of Roanohe. 1956. in relation to Zoning. WHEREAS, application has been wade to the Council of the City of Roanoke to have that property in the northwest section of the City of Roanoke between West Side Boulevard and Peters Creek. designated on Sheet 2?5 of the Official Tax Wop of the City of Roanoke as Nos. 2750900. 2?50910. 2750912 and that portion of No. 2750902 lying west of a line extending from the southwest corner of No, 2750912 to an angle point in the westerly side of West Side Boulevard. which angle point is 125 feet soothnesterly from the southerly corner of No, 2750907, rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has reconnended 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. lgS6. 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 MHEHRAS, the hearing as provided for in said notice was held on the 2nd day of October, 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 sere ~iven 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 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.: That property in the northwest section of the City of Roanoke between West Side Boulevard and Peters Creek, designated on Sheet 275 of the Official Tax Map of the City of Roanoke as Nos. 275090B, 2750910. 2750912 and that portion of No. 2750902 lying west of a line extending from the southwe'st corner of No. 2750912 to an angle point in the westerly side of West Side Boulevard, which angle point is 12~ feet southwesterly from the southerly corner of No. 2750907. be and is 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. Young and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Webber, Rheeler. Young, and the President. Mr. Andersen ................... NAYS: None .....................Oo (Mr. Dillard absent) STREETS AND ALLEY~: A public hearing having been set for 2:00 o'clock. p. m., Monday, October 2, 1961, on the request of the Norfolk and Western Railway Company to permanently vacate, discontinue and close portions of Seventeenth Street, Eighteenth Street and Nineteenth Street, S. W., lying between Westview Avenne and an alley to the north thereof; that portion of a 20-foot alley extending 3 from Restvieu Avenue north to said alley; and that portion of said alley north of Westview Avenue lying between tke said 20-foot alley requested to be closed and a point 40 feet east of Seventeenth Street. and notice or the hearing having been published in The Roanoke World-News on September IS, lgOl. and the City Planning Commission having previously recommended that the request be granted, and viewers appointed by the Council baying reported tba~ they are unanimously of the opinion that no Inconvenience will result either to any individual otto the public from the proposed closing, the heaving was held at which no one appeared in opposition, Mr. John R. TuFbyfJll, Attorney for the petitioner, appeared before the Council and advised that the Corporation proposes to use the property in connection with its adjacent railway yards, Mr. Turbyflll requesting that the Council concur in the recommendation of the City Planning Commission, Mr, Rheeler moved to concuF in the request and offered the following Ordinance: (~14572) AN ORDINANCE providin9 for the permanent vacation, discontin= nonce and closing of certain portions of l?tb. loth and 19th Streets nnd portions of certain alleys lying, north and west of such streets in the southwest section of the City of Roanoke, Virginia, as hereinaftermore fully described. WHEREAS, application has been made to the Council of the City of Roanoke, Virginia, by Norfolk and Western Railway Company to vacate, discontinue and close permanently certain portions of 17tb, 16th and lgth Streetsand portions of certain alleys lying north and west of such streets as all the same are more particularly hereinafter described: and WHEREAS, on said application of Norfolk and Western Railway Company, pursuant to Section 15-766, Code of Virginia (1950), os amended, three viewers were appointed to view said portions of said streets and alleys: and WHEREAS. said viewers have reported to Council in writing stating that no inconvenience will result from said vacation, discontinuance and closing and recommend that said portions of said streets and alleys be permanently vacated, discontinued and closed; and WHEREAS, the City Planning Commission has considered the request of said application and recommends that it be granted; and WHEREAS, the land proprietors along the said portions of said streets and alleys affected thereby have been notified of the proposed vacation, discon- tinuance and closing of said portions of said streets and alleys; and WHEREAS, a public hearing on the question of permanently vacating, discon tinning and closing the said portions of said streets and alleys was held on October. 2, 1961, at 2 p, m,, before the Council, after due and timely notice of such hearing published in a local newspaper, at which hearing all persons in the matter were afforded an opportunity to be heard; and WHEREAS, this Council is of the opinion that the request contained in the aforesaid application should be granted. THEREFORE, HE IT ORDAINED by the Council or th~ City of Roanoke that pursuant.to the prorlsioos Of Section 15-766, Code of Virginia (1950), as amended, said Council does hereby permanently vacate, discontinue'mud close the following: That portion of l?th Street (formerly 15th Street) as. sboun on map of Rorer*s Heirs, City Engineer No. 1675, lying between the north line of Westvlew Avenue (formerly Earnest Avenue) and the north line of the first alley north of Meat- view Avenue, the north line of said alley being the present northerly terminus of said street as established by City Ordinance No. 6694, adopted October 21, 1940. Those portions of 18th Street (formerly I Street) and 19thStreet (formerly J 5treat) as shomn on the West Plat - Magic City Tract of Mall Land Company, City Engineer NO. 2508, recorded in the Clerh's office of Hustings Court for the City of Roanoke, Virginia, in aced Book 326, Page 1, lying between the north line of Westview Avenue (formerly Earnest Avenue) and the north line of the first alley north of Westviem Avenue. said line of alley being the present northerly terminus of each street as established by City Ordinance No, 6694, adopted October 21, 1940. That portion of the first alley north of Westview Avenue (formerly £arnest Avenue), as shown on said map of Rorev*s Heirs and the West View Plat, lying between a point 40 feet east of 17th Street and its present westerly terminus, as established by City Ordinance No. 6694, adopted October 1940. All that certain alley 20 feet in midth running from the present westerly terminus of the first alley north of Westview Avenue, southwardly to said avenue. The said portions of said streets and alleys hereinabove described are shown colored red on print of Plan N-IHOgI-U prepared in the office of the Chief Engineer Of Norfolk and Western Railway Company dated October 3, 1960, revised February 20, 1961. a copy Of which is on file in the office Of the City Clerk and in the office of the City Engineer and to which reference is hereby expressly made.~ RE IT FURTHER ORDAINED. that the City Clerk be and he is hereby directed to record a certified copy of this ordinance of vacation and of the said Plan N-1HOgl-D at the expense Of Norfolk and Western Railway Company in tho Clerk*s Office of the Hustings Court Of the City Of Roanoke. Virginia. BE IT FURTHER ORDAINED, that the City Engineer be and he is hereby directed upon the recordation of the aforesaid papers in said Clerk's Office to make appropriate notations of the vacation, discontinuance and closing as herein approved on all maps and plats on file in his said office on which said streets and alleys are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke wherein this ordinance shall be spread. 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. Pollard, Webber, Wheeler, and the President. Mr. Anderson .......................... NAYS: None .................O. (Mr. Young not voting, Mr. Dillard absent STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m., Monday, October 2, IGC1, on the request of the Norfolk and Western Railway Company to permanently vacate, discontinue and close a 50-foot unnamed street. extending westward from Fifteenth Street, S. W.. parallel to and south of Jackson 5 Avenue to ·n ·lley. thence 40 feet wide ·long said alley, thence SO feet wide westward to Sixteenth Street; · portion of Sixteenth Street. intersecting therewith x portion of · lO-foot ·lley extending southward from Jachson Avenue west of Fifteenth Street; a portion of a 12-foot alley extending from a point 40 feet e·stuard from Seventeenth Street, to the property line of the R. J. Wright Addition; end a 40-foot section of Westviem Avenue, extending e·stward from Seventeenth Street, and notice of the hearing h·ving been published in The Roanohe World-News on September 15. lgCl. and the City Planning Commission having previously recommended that the request be granted, and viewers previously appointed having reported that they are unaniuously of the opinion that no incon- venience will result either to uny individual or to the public from vacating, discontinuing and closing the portions of the said streets and alleys, the hearing was held at which no one appeared in opposition. Mr. John R, Tnrbyfill. Attorney for the petitioner, appeared and advised that this request is related to the request previously acted upon and that the property is intended for use in connection with other railway property. Mr. Wheeler moved to concur in the request and offered the following Ordinance: (~14573) AN ORDINANCE providing for the permanent vacation, discontin- uance and closin9 of certain portions of certain streets and alleys between ISth and 17th Streets in the southwest section of the City of Roanoke, Virginia, as hereinafter mare fully described, WHEREAS, application has been made to the Council of the City of Roanoke, Virginia. by Norfolk and Western Railway Company to vacate, discontinue and close permanently certain portions of certain streets and alleys between 1Sth and 17th Streets as all the same are more particularly hereinafter described; and WHEREAS, on said application of Norfolk and Western Railway Company, pursuant to Section 15-766, Code of Virginia (1950), as amended, three viewers ~ere appointed to view said portions of said streets and alleys; and WHEREAS, said viesers have reported to Council in writin9 statin9 that no inconvenience will result from said vacation, discontinuance and closing and recommend that said portions of said streets and alleys be permanently vacated, discontinued and closed; and WHEREAS, the City Planning Commission has considered the request of said application and recommends that it be granted; and WHEREAS, the land proprietors along the said portions of said streets and alleys affected thereby have been notified of the proposed vacation, discon- tinuance and closing of said portions of said streets and alleys; and WHEREAS, a public hearing on the question of permanently vacating, discontinuing and closing the said portions of said streets and alleys was held on October 2, lgbl, at 2 p. m., before the Council, after due and timely notice of such hearing published in a local newspaper, at mhich hearing all persons inte ested in the matter were afforded an opportunity to be heard; and NBEREAS,'this Council is of the opinion that the request contained in the aforesaid application should be granted. THEREFORE, BK IT ORDAINED by the Council of the City of Roanoke that pursuant to the provisions of Section 15-766. Code of Virginia (1950}, as amended. said Council does hereby permanently vacate, discontinue and close the following: That portion of · certain street, varying in width from 40 to 50 feet. situate within Block No, 2, os shown on map of R. J. #right Addition (City Engineer No. 204fl). recorded in the Clerk's Office of Bustings Court for the City of Roanoke, YJrginia. in Deed Hook 417. page 92. lying between the west line of 15th Street and theeast line of 16th Street. Being a part of that certain street dedicated to the City of Roanoke. Virginia. by the Norfolk and ~estern Railway Company by deed of easement dated December 20. 1940, recorded in said Clerk*s Office in Deed Book 662, page 350, and defined by City Ordinance No. 6?BO, effective December 16, 1940. ?hat portion of a certain lO-foot alley, situate east= wardly and contiguous to the 40-foot portion of the above described street, lying between a line parallel with and 15~,,74 feet dis(ant southwardly from the south line of Jackson Avenue and its present northerly terminus, as established by City Ordinance No. 6694. adopted October 21. 1940. That portion of 16th Street. as shown on said map of R, J. Wright Addition, situate eastmardly and contiguous to the above described street, lying between the north and South lines of said street produced, the north line of said street being the present northerly terminus of 16th Street as estab- lished by said Ordinance NO, 6694. That portion of Westview Avenue (formerly Earnest Avenue) as shown on map of Rorer*s Heirs, City Engineer No. 1675, lying between the east line of 17th Street and a point 40 feet east of 17th Street. That portion of the first alley north of ~estview Avenue (formerly Earnest Avenue), as shown on said map of Rorer's Heirs. lying between a point 40 feet east of the east line of l?th Street and its present easterly terminus. The said portions of said streets hereinabove described are shown colored red and the said portions of said alleys hereinabove described are shown colored orange on print of Plan N-IB091-C prepared in the office of the Chief Engineer of Norfolk and Western Railway Company dated June 22, 1961, a copy of which is on file in the office of the City Clerk and in the office of the City Engineer and to which reference is hereby expressly made. BE IT FURTHER ORDAINED, that the City Clerk be and he is hereby d~rected to record a certified copy of this ordinance Of vacation and of the said Plan N-IBOgI-O at the expense of Norfolk and Western Railway Company in the Clerk*s Office of the Hustings Court of the City Of Roanoke. Virginia. BE IT FURTHER ORDAINED. that the City Engineer be and he is hereby directed upon the recordation of the aforesaid papers in said Clerk*s Office to make appropriate notations of the vacation, discontinuance and closing as herein approved on all maps and plats on file in his said office on which said streets and alleys are shown, referring to the book and page Of ordinances and resolutions of the Council of the City of Roanoke wherein this ordinance shall be spread.· Mr. Nheeler moved the Ordinance on its first reading. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs, Cornell, Pollnrd~ Webber, Wheeler, end the President. Anderson .......................... 5, NAYS: None .............O. (#r. Young not voting. Wv. Dillard absent} STREETS AI~ ALLEYS: A public hearing having been set for 2:00 o'clock. p, m.. monday. October R. 1961. on the request of Mr. Albert J. Geareyo et al.. to permanently va,ate, discontinue and close a portion of an alley extending in an easterly direction from York Road~ So M** between Brandon Avenue and Laburnum Avenue. from the line between Lots 2 and 3. Block 10. Lee-Hy ~ourt. to an alley. extending between Brondon Avenue and Laburnum Avenue. and notice of the hearing having been published in The Roanoke World=News on September 15. lg61. and the City Planning Commission having previously recommended that the request be denied. and the viewers having reported that they are unanimously of the opinion that no inconvenience will result either to any individual or to the public from vacating, discontinuing and closing the portion of the said alley, the hearing was held at which no one appeared in opposition, Mr. Tom Stockton Fox. Attorney for the petitioners.'appeared before the Council and stated that in his opinion the report of the viewers is correct and the City Planning Commission is in error since the alley in question cannot physically be used as such because of the terrain. Mr. Fox requesting that the Council grant the requested closing. Mr. Wheeler moved to concur in the request and offered the f,Il,win9 Ordinance: (~14574) AN ORDINANCE permanently vacating, discontinuing and closing a certain portion of a 12-foot wide alley ia Block 10 as shown on the Revised map of Lee-By Court Corporation, and located west of and approximately parallel to Brandon Avenue. s. W. WHEREAS. Albert J. Gearey. Livvie A. Nosh. Samuel J. Gantt. Ilannah W. Gantt. Thomas J. Bratton. Bessie S. Bratton. Bernard O. Doss and Rose F. Doss have heretofore filed their petition before the Council of the City of Roanoke in accordance with the law. requesting said Council to permanently vacate, discortinue and close approximately 120 feet of that certain 12-foot wide alle~ which runs in a southeasterly direction from York Road, S, W,, through a portion of Section !0, as shown on the Revised Map of Lee-Hy Court, recorded as hereinafter mentioned. said petition and the proceedings subsequently had thereon inaccurately mentioning the southwest corner of Lot 2 in the afo~ said block when, as a matter of fact, the southeast corner of Lot 2 was intended; Of the filing of which said petition due notice was given to the public as provided by law; and WHEREAS, in accordance with the prayer of said petition, viewers were appointed by the Council to view the property and report in writing whether in their opinion any, and if any, what inconvenience vould result from vacating, discontinuing and closing said portion of said alley; and NHEREAS, it appeors from the report in wrltJng filed by said viewers mlth the City Clerk on the 19th day of August, 1961, that no inconvenience would result, either to any individual or to the public, from vacating, discontinuing and closing said portion of said alley; end DDEREAS, Council. nt its meeting of Hay O, 1961. referred to the City Planning Commission, for study and recommendation, the proposal of said petitioneFsi and said City Planning Commission has, by report of June 9, 1961, recommended that the request of the petitioners be denied; and WHEREAS, at a public hearing on the proposal, conducted before the Council on the Rod day of October, 1961, after due notice of the same published in a local newspaper, all parties in interest and citizens ~ere afforded an oppor- tunity to be heard on the proposal; and ~HEREAS, Council, upon due corsideratlon of Said reports and other evidence, is Of the opinion that no public inconvenience will result from the discontinuing, vacating and closing of the 120-foot portion of said alley os proposed by the petitioners; and WHEREAS, it further appears to Council that the petitioners have agreed to bear and defray the costs and expenses incident to this proceeding. THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that the following described portion of a certain public alley, viz,: BEGINNING at a point at the southeast corner of Lot 2. at the southwest corner of Lot 3 and on the northeasterly line of a certain 12-foot wide alley, all in Section 10 as shown on the Revised Map of Lee-Dy Court hereinafter mentioned; thence, from said beginning point and along the southerly lines of Lots 3, 4 and 5. $, 55° 54* E., 120 feet to a point on the northwesterly line of another 12-foot wide alley; thence, along the northwesterly line of said other alley, S. 57° 06' N,. 13 feet, more or less. to a point on Same at the easternmost corner of Lot 6 in said section; thence, along the north- easterly line of Lot 6. N. 55° 54' Wu, 115 feet, more or less, to a point on same which point is S. 31° 33' N. 12 feet distant from the aforesaid beginning point; thence, along a line across the first-mentioned alley. N. 31° 33' E.. 12 feet to the place of BEGINNING; as said lots. section and alleys are shown on the Devised Map of Lee-Dy Court. of record in Plat Rook 1, pages 346 and 347, in the Clerk*s Office of the Circuit Court for Roanoke County, Virginia. and on sheet 153 of the Tax Appraisal Map of the City of Roanoke: be. and the same is hereby permanently vacated, discontinued and closed as a public alley: and that all right, title and interest of the City Of Roanoke and Of the public in and to said portion of said former alley, as hereinabove described, is hereby released insofar as the Council is empowered so to do, reserving to the City of Roanoke, however, a permanent easement in said former alley for the construction, maintenance, repair and replacement of any existing or future underground storm drains, sewers and water lines in the same. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark nVacated, Discontinued and Closedu, on the aforesaid portion of said alley, as hereinabove described, on ail maps and plats on file in the office In of the City Engineer of the City of Roanoke, on which said alley is shown, referrin tO the book and page of Resolutions and Ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clty Clerk deliver to the Clerk of the Hastings Court for the City of Roanoke end to the Clerk of the Circuit Court for Roanoke County an attested copy of this ordinance in order that said Clerks of said courts may. as provided'by lam. record the same and make proper notation on all maps or plats recorded in their respective offices upon which are shone the aforesaid alley. Mr. Wheeler moved the Ordinance on its first reading. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Ressrs, Cornell, Pollard. Webber. Wheeler, Young. and the President. Mr. Anderson ..................... 6. NAYS: None ....................... O. (Mr. Dillard absent) SIDEWALK. CURD AND GUTTER: Messrs. Clyde Go Roland and Marvin A. Cromer appeared before the Council and presented a petition bearing twenty-one signatures of residents and property ouners of the Wilmont Farms Subdivision, advisin9 that they are opposed to gradin9 oi sidewalk areas in front of their properties which the city's Department of Public Works has directed the subdivider to do; that their objections are ~ased on the fact that the sidewalk areas in front of their properties have been sodded and planted, that there is no immediate plan to install sideualks in the area. and that in their opinion grading should be delayed until such time as sidewalks are installed. The City Manager advised the Council that the action taken by the city is in accordance with the subdivision la~; that the work must be accomplished by the subdivider in order that the bond covering his subdivision can be released; and that to comply with the petitioners' request will be in violation of the Subdivision Ordinance. Mr. Webber moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOl-S: The City Clerk presented a communication from the Roanoke City School Board. advising that in connection with the request Of the Council to reduce its operating budget for the lqGl fiscal year by $200.000.00 the Board bas made a deliberate effort to comply with said request; that it has not filled certain positions in the school system such as Assistant Superintendent. Director of Activities. remedial teachers, eec.. and has delayed employment of other employees; that further reductions have been accomplished through curtail- ment of custodial services, elimination of general school supplies, curtailment of maintenance and maintenance labor, and other items; that in its opinion it has reduced tbe operating school budget to the maximum extent possible and finds that it still needs $75.371.41 to meet operational requirements for the present fiscal year; however, that unanticipated revenue of $55.000.00 received from the State Board of Education under the National Defense Education Act mill be paid Into the City Treasury during the present fiscal year, making a net additional operation cost for the city of $20,371,41, the Board requesting that the Council provide additional funds in the aoount of $75,371,41, Mr, #ebber moved to concur In the request and offered the following emergency Ordinance~ (n14575) AN ORDINANCE to amend and reordain Section ~12o. "Schools.' and Section =144, 'Departmental Eqaipment and Improvements,m of the 1961 Appropria- tion Ordinance, and providing for an emergency, (For full text of Ordinance. see Ordinance Book No, 25. page 109.} Mr. Webber moved the adoption of the Ordinance. The motion nas seconded by Mr. Young and adopted by the following vote: AYES: Me$$rs, Cornell, Pollard, Nebber, Wheeler, Young, and the President, Mr. Anderson .................... 6. NAYS: None ......................O, (Mr. Dillard absent) Dr. Cornell stated that since there has been considerable discussion of the tuition payment grants made by the City School Board. in his opinion the Council should have some information concerning the matter, and moved to direct the School Board to report to the Council the amount Of funds expended during the present school year on tuition grants, the net cost thereof to the city and the names of those persons receiving such 9rants, The motion was seconded by Mr. Pollard and adopted, ZONING: The City Clerk presented a request of Mrs. Jean Martin Glasgow that her property designated as Lot 9 and the eastern 1/2 of Lot i0, Block 6, West End and RJverview Land Company, located on the north side of Patterson Avenue, S. W., between Twelfth Street and Thirteenth Street, Official Tax No. 1212713, be rezoned 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. CROSSOVERS: The City Clerk presented a communication from Waldron and Wnldron. Contractors, requesting permission to install a 40-foot wide crossover into their property at 4029 Melrose Avenue, N. W. Mr. Webber stated that in the light of the present traffic conditions the requirement in the City Code that requests for crossovers in excess of 30 feet be presented to the Council for its approval prior to issue of permits therefor is no longer feasible and moved to direct the City Attorney to prepare an Ordinance amending the City Code giving approval of authority for such cross- Overs to the City Manager, The motion was seconded by Dr. Cornell and adopted. STREET LIGHTS: The City Clerk presented a communication from Mrs. Badge J. martell, 1036 Grayson Avenue, N, W., requesting that street lights be erected at the intersection of Thomas Avenue and Orayson Avenue with Tenth Street, N. W., and advising that a number of persons who work at night live in this area and that insufficient light ia available for their Safety during the night hours. Mr, Y~*ung moved to refer the r,q,est to the City Manager for study end recommendation. The motion mas seconded by Mr, Wheeler and adopted. REPORTS OF OFFICERS: BUDGET: The City Manager requested that $250,00 be transferred from Radio Maintenance to Supplies in the Traffic Engineering and Communications account; $50,00 from Salary, Extra Employees to Stationery and Office Hupplles in the Hoard of Zoning Appeals acconnt$ $125,00 from Repairs to Gasoline and Oil in the Life Saving Crews acconntl and $125o00 from Repairs to Telephone lo the Juvenile Detentioo Home account of the lg61 budget, advising that the trans- fers are necessary to continue operations during the remainder Of the fiscal year. Mr. Young moved to concur in the request and offered the following emergency Ordinance: (~14576) AN ORDINANCE to amend and r.ordain certain sections of the 1961 Appropriation Ordinance. and providing for an emergency, (For full text of Ordinance. see Ordinance Book No. 25. page 110.) Mr. Young moved the adoption of the Ordinance. The 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 ..................... NAYS: None .......................O. (Mr. Dillard absent) BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager reported that pursuant to action of the Council at its meeting of February 27. 1961. the Welfare Department has been extending aid to unemployed employables during the year and that to continue such aid for the remainder of the year it will be necessary to appropriate $5.000.00, the City Manager requesting that such appropriation be made Dr, Cornell moved to concur in the request and offered the following emergency Ordinance: (~14577) AN ORDINANCE to amend and F,ordain Section ~52. "Public Assistance,u of the 19bi Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 111.) Dr. Corn,Il moved the adoption of the Ordinance. The motion was sec,nde by Mr. Young and adopted by the following vote: AYES: Messrs. Corn,Il, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ..................... NAYS: None .......................O. (Mr. Dillard absent) FUEL OIL: The City Manager submitted a tabulation of bids received for furnishing fuel oil requirements for the period October 1. 1961, to September 30. 1962, showing the bid of Sinclair Refining Company as low for Number I and Number 2 oil and the bid vi Fuel Oil and Equipment Company as low for Number 6 oil, and recommended acceptance of the low bids, Mr. Wheeler moved to concur in the request and offered the following Resolution acc,pain9 the proposal of Sinclair Refining Company: (a14576) A RESOLUTION accepting the proposal of Sinclair Refining Company for supplying the City*s requirements for Nos. I and 2 fuel oil for the 1961-1962 season; and rejecting all other bids, (For full text of Resolution, see Resolution Door No. 25, page 111.) Mr. Wheeler moved the adoption of the Resolution, The Ration was seconded by Mr, Young and adopted by the following vote: AYES: Messrs, Cornell, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ......................... NAYS: None ...........................O, (Mr, Dillard absent) Mr. Wheeler then offered the following Resolotion accepting the proposal of Fuel Oil and Equipment Company, Incorporated: (~1457g) A RESOLDTION accepting the proposal of Fuel Oil and Equipment Company, Incorporated, for supplying the Cltyts No, 6 fuel oil requirements for the 1961-1962 season. (For full text of Resolution, see Resolution Book No. 25. page 112.) Mr. Wheeler moved the adoption of the Resolution. The motion was second- ed by Mr. Young and adopted by the followin9 vote: AYES: Messrs, Cornell, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ......................... NAYS: None ...........................O. (Mr, Dillard absent) EASEMENTS-APPALACHIAN POWER COMPANy-WATER DEPARTMENT: The City Manager submitted a request of Appalachian Power Company for a right of way across the Carvins Core watershed for installation of a power line, offering $4,355,00 for said right of way, and advised that the power line is necessary and in his opinion the location selected by the power company is the most feasible; the City Manager recommending that the Council authorize granting of the request, Mr. Wheeler moved to direct the City Attorney to prepare an Ordinance granting the right Of way as recommended by the City Manager, The motion was seconded by Mr. YOung and adopted. AIRPORT:- The City Manager presented a request of the Hertz Corporation, advising that it would like to lease approximately H,lO0 square feet of land at the airport for the erection of facilities for its Rent-A-Car operation thereat, including a building and parking facilities and recommended that the matter be Airport Committee for its study and recommendation. referred to the Dr. Cornell moved to refer the matter to the Airport Committee for study and recommendation. The motion was seconded byMr. Wheeler and adopted, SEWERS AND STORM DRAINS: Pursuant to a directive of the Council at its meeting of September 5, lgOl, the City Manager presented a list of sixteen storm water drainage problems at various locations within the city where improvements are needed and advised that the areas selected will render a wider public service than other areas in the city needing drainage improvements, the City Manager advising that in his judgment any extensive program for relief from storm water drainage should be financed by a bond issue, Mr. Pollard moved to lay the matter over for consideration along mlth the lg62 budget. The motion was seconded by Mr, Mheeler end adopted. WATER DEPARTMENT: The City Mannger submitted n report Of the Manager of the Mater Department concerning the complaint of Miss Lelln M. Hnymahero 1610 Tenth Street, H, W,. on red mater, the said report containing n survey of the persons on the list of neighbors furnished by Miss Haymaker oho have glass-lined hot mater tanks and still have trouble with red water and indicating that although some of the people in the neighborhood do experience red water occasionally their main problem is one of pressure which ranges from ten to twenty pounds, the City Manager advising that in his opinion the Water Department is doing all that it possibly can to relieve the situation complained of, Mr, Pollard moved to file the report, The motion mas'seconded by Mr. Wheeler and adopted. BUDGET-DEPARTMENT OF PUBLIC MELFARE-STATE HIDDWA¥$: The City Manager reported that no bids were received in response to numerous advertisements calling for proposals for removal of the bodies from the cemetery on she northwest corner of Second 5treat and Hart Avenue. N, E.. to the new city burial ground at Coyner Springs and advised that it will be necessary for,the city's Department of Public Works to move the cemetery, the City Manager submitting a budget totaling $20,000.00 to provide necessary funds for the work and recommending that it be adopted. Mr. Mebber moved to concur in the request and offered the following emergency Ordinance: (~I45BO) AN ORDINANCE to amend and reordain Section ~140. *Street Construction,' and Section ~156. *Moving Cemetery** of the 1961 Appropriation Ordinance. and providin9 for an emergency, (For full text of Ordinance, see Ordinance Book No. 25. page 113.) Mr. Webber 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 ..................... b. NAYS: None .......................O. (Mr. Dillard absent) SIGNS: The City Manager reported that he has been advised by the Building Commissioner that it is necessary to amend the city's Sign Ordinance to permit assembly of signs in the city from component parts since the Code presently provides that signs shall have an Underwriters label and that the change will permit local firms to assemble signs from Underwriter approved parts rather than forcing them to buy completed signs from other locations, the City Manager recommending that the Ordinance be amended. Mr. Young moved to concur in the recommendation and offered the followiw emergency Ordinanceg (a14581) AN ORDINANCE amending and reordeining Sec, 10~ relating to the construction and miring of electric signs, of Chapter 7, Title IV, of The Code of the Clt7 of Roanoke. 1956, relating to Signs. Amnings and Marquees: and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 25, page 113,) Hr, Young moved the adoption of the Ordinance. The motinn mas seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Mebber. Mheeler, Young, and the President, Mr. Anderson ......................... 6. NAYS: None ...........................O, (Mr. Dillard absent) SIGNS: The City Manager presented ~ request of the Building Commissioner that the City Code be amended to permit installation of temporary signs for advertising for a period of sixty days and advised that in his opinion the request is in accordance with approved methods, the City Manager recommending that the amendment be adopted. Mr, Mheeler moved to concur in the request and offered the following emergency Ordinance: (~14502) AN ORDINANCE amending and reordaining Sec. 21, relating to temporary structures used for advertising, of Chapter T, Title XY, of The Code of the City of Roanoke, 1955, relating to Signs, Awnings and Marquees, by adding a new provision relating to temporary signs; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25. page 114.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the followihg vote: AYES: Messrs. Cornell. Pollard. Mebber. Mheeler. Young. and the President, Mr. Anderson ......................... NAYS: None ...........................O. (Mr. Dillard absent) REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of August, 1951. and reported other departmental reports on file in his office. Mr. Mheeler moved to file the report. The motion was seconded by Mr. Young and adopted. MERCHANTS-BUILDING DEPARTMENT: Pursuant toa directive of the Council at its meeting of September 5. lgSl, the City Attorney furnished an opinion covering the request of Downtown Roanoke. Incorporated. that action be tahen by the Council to eliminate the unsightly condition of building malls after adjacent buildings have been razed, advising that while the courts have. in recent years. ruled that legislative bodies may under zoning posers pass laws to provide for protection of the aesthetic values of a community, in his opinion, it would be difficult to prepare a valid Ordinance covering the points raised by Downtown Roanoke. Incorporated. and suggesting that the said Corporation review its request and present t, the Council the provisions that the members of the Corporation themselves will desire embodied in such an Ordinance. Mr. Webber moved to refer the matter back to the City Attorney to consult with Downtown Roanoke. Incorporated. in aa effort to come up uith some recommendations mhich mill meet the desires of the Corporation end ut the same time mill be acceptable to Its members and will he mlthin the lom. and submit his report thereon to the Council. The motion mas seconded by Dr. Cornell and adopted. REPORTS OF COMMITTEES: NONE.* UNFINISHED BUSINESS: AIRPORT: The recommendation of the City Manager concerning bid of Hartmsn Construction Company for paving and lighting the airport parhin9 area, having been laid orer from the previous meeting of the Council, was again before the body. Mr, Webber stated that in bis opinion construction Of the improvements to the airport parking facilities is the most needed improvement at the Municipal Airport and offered the folloming emergency Ordinance awarding the contract theref~ (~145~3) AN ORDINANCE accepting the proposal of Hartman Construction Company for construction of bituminous pavement, concrete curb, area lighting and attendant office all for automobile parking facilities at the 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 Oooh No, 25, page 116.) Mr. Webber moved the adoption of the Ordinance, The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Pollard. Webber. Wheeler. Young. and the President, Mr. Anderson ..................... 6. NAYS: None ....................... 0. (Mr. Dillard absent) Wt. Webber then moved to direct the City Attorney to prepare a Resolution providing for a loan of $37,913,34 from the Water Department funds to the General Fund for a period of five years at 3 per cent per annum for the purpose of making such improvements to the parking area at the Wunicipal Airport. said funds to be repaid to the Water Department from revenues derived from the airport facility. The motion was seconded by Mr. Wheeler and adopted, LICENSES: The report of the committee composed of Messrso Arthur So Owens, Chairman, Harry Ro Yates and Randolph O. Whittle concerning the request Of Wright Motor Corporation, et al., that their licenses for 1961 be adjusted, having been laid over from the previous meeting of the Council, the matter was again before the body. Mr. W. A. Jarrett, Vice President of Wright Motor Corporation, appeared before the Council and stated that while he understands the problems facing the committee, he nevertheless feels that some nhange to the city's lam should be made because mhile the state lam permits adjustmentof licenses in mid year where the licensee changes the character of his business, no adjustments will be made unless the city also mahes the same adjustments, consequently, the city*s present lams not only prevent adjustments on city licenses, hut, also, state licenses, After considerable discussion of the matter, Mr. ~ebber moved to direct the City Attorney to study the question of adjustment of licenses'for businesses In the middle of the year to parallel the state law on the subject mhere conditions warrant end submit his report and recommendations to the Council, The motion was seconded by Dr. Cornell and adopted. CONSIDERATIONOPCLAIMS: NONE. INTROOUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: MATER DEPARTMENT: Ordinance No, 14569, granting to the Salem Rotary Club permission to hold a water ski shem in a portion of the recreational area at Car- vins Cove on June 24. 1962. 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, 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 readin9 and final adoption: (n14569) AN ORDINANCE 9ranting to the Salem Rotary Club permission to hold a water ski show in a portion of the recreational area at Carvins Cove on June 24, 1962, 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. (For full text of Ordinance, see Ordinance Book No. 25, page lOB.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Dr, Cornell and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Webber, ~heeler. Young, and the Presi- dent, Mr. Anderson ........................ 6. NAYS: None .....................Oo (Mr. Dillard absent) SEWERS Ali1) STORM DRAINS: The Council herin9 previously appropriated $5,000,00 for drilling of additional drainage wells in the Williamson Road area, Dr. Cornell offered the following Resolution extending the contract between G. C. Kimberlin and Son and the city for drilling of such wells: (~145B4) A RESOLUTION extending the contract Of August 15, 1961. between G. C. Eimberlin 6 Son and the City of Roanoke for drilling drainage wells at various locations in the MilliamSon Road area. (For full text of Resolution. see Resolution Book No. 25, page 117.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: · AYES: Messrs. Cornell, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .................... NAYS: None ......................O, (Mr. Dillard absent) COUNCIL: The Council at its mnetln9 of September 16, 1961, having directed the preparation of an Ordinance amending the City Code to provide for one night meeting Of the City Council each month, Dr. Cornell moved to lay the matter Over until such time an all members Of the Council are present. The motion was seconded by Mr. Pollard and adopted. "17 18 NOTIONS AND MISCELLANEOUS BUSINESS: ZONING: Mr. To Lo Ploakett, Jr., cppeared before the Council and presented a request of Mr. C. Gordon Hunter that his property designated ns Lots 6 end g, H. E. Roberts Map, Official Tax Nos, 2530233 end 2530234, located on the southerly side of Melrose Avenue, N,N,o be rezoned from General Residence District to Business District, Mr. Plunkett advising that for reasons beyond his control he was unable to file the request in time for the Council*s agenda. Ur. Cornell moved to nccept the request end refer it to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Nheeler and adopted. GARBAGE REMOVAL: Dr. Coruell stated that he bas been advised that the City of Fredericksburg has a garbage pick-up plan which saves the city $20,000.00 per annum and, in addition, eliminates flies and odors, and moved to instruct the City Manager to study the plan and submit bis report and recommendations to the Council. The motion was seconded by Mr. Pollard and adopted. Clerk PLANNING: Mr. 1. E. (Steve) Brody, a resident of the city. appeared before the Council and stated that in his opinion a master plan for development of the community is needed. Mr. Brody was advised that the City Planning Commission is presently workin9 on such a plan. There being no further business, the Council adjourned. APPROVED COUNCIL. REGULAR MEETING. Monday. October 9. 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, October 9, 1961, at 2:00 o'clock, p, the regular meeting hour, with the President, Mr. Anderson presiding, PRESENT: Messrs, Cornell, Dillard, Mebber, Mheeler, and the President, Mr. Anderso ...................................... 5. ABSENT: Messrs. Pollard and Young .....2. OFFICERS PRE~ENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph Go Mhittle. City Attorney. Mr. Barry R. Yates. City Auditor. and Mr. J. Robert Thomas. City ~lerk. INVOCATION: The meeting was opened with a prayer by the Reverend Grant Simmons, Pastor, Doones Mill Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on October 2. 1961. baying been furnished each member of the Council. upon motion of Mr. Rheeler. seconded by Mr. Rebber and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZEN5 UPON PUBLIC MATTER%: ZONING: A public hearing having been set for 2:00 o'clock, p. m.. Monday, October 9. 1961. on the request Of Mrs. Zaida A. Breeden that her property located On the north side of Orange Avenue. N. R.. west of Eleventh Street. designated as Lot 12. Block 14. Melrose Land Company. Official Tax No. 2221414. be rezoned from General Residence District to Business District, and notice of the hearin9 having been published in The Roanoke World-News on September 22. 1961. 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. William G. Creasy. Attorney for the petitioner, appeared and stated that his client*s property is no longer suitable for residential purposes. Mr. Creasy requesting that the Council grant the petition. Mr. Wheeler moved to concur in the recommendation of the City Planning Commission and offered the following O~dinance: (~14555) AN ORDINANCE to amend and reenact Title IV. Chapter 4. Section I of The Code of the City of Roanoke. 1956. in relation to Zoning. WHEREAS. application has been made to the Council of the City of Roanoke to have property located on the north side Of Orange Avenue. N. W.. 100 feet west of Eleventh Street. designated as Lot 12. Block 14. Melrose Land Company. Official Tax No. 9221414. rezoned from General Residence District to Business District; and NBEREAS. the City Planning Commission has recommended that the herein- after described land he resumed from General Residence District to Business DIstric~ and 19 .'20 WHEREAS. notice required by Title IV. 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 RNEREAS. the hearing as provided for in said notice wzs held on the 9th day of October. 1961. at 2;00 o'clock, p. m** before the Council of the City of Roanoke. at which hearing all parties ia interest and citizens were given an opportunity to be heard both for and against the proposed rezoning; end WOEREAS, 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 I, of The Code of the C!ty of Roanoke, 1956, relating to Zoning, be amended end reenacted in the following particular and no other, viz,: Property located on the north side Of Orange Avenue, N. W., 100 feet west of Eleventh Street, described as Lot 12, alack 14, Melrose Land Company, designated on Sheet 222 of the Zoning Rap as Official Tax No, 2221414, be, and is hereby, changed from Ceneral Residence District to Business District and the Zoning Map shall be changed in this respect. Hr. 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, Webber, Wheeler, and the President, Mr. Anderson ......................... 5. NAYS: None ................ O. (Messrs. Pollard and Young absent) pETITIONS Ah~ COMMUNICATIONS: SIGNS: ~he City Clerk presented a communication from Downtown Roanoke. Incorporated, and the Distributive Education Service of the Roanoke City Schools. requesting permission to install a banner over Jefferson Street at Campbell Avenue in connection with a distribetive education program duriog the week Of October 30, 1961. Mr. William A. House. representing Downtown Roanoke. Incorporated. appeared and stated that this program is designed to instruct sales personnel in downtown stores in courteous dealing with the public and will be helpful to the merchants in the downtown area. Dr. Cornell moved to concur in the request and offered the following Resolution: (~14566) A RESOLUTION' authorizing the City Manager to permit The Distributive Education Service and Downtown Roanoke, Incorporated, to install a banner over the street at or near the intersection of Campbell Avenue and Jefferson Street upon certain terms and conditions. (For full text of Resolution. see Resolution Book No. 25, page 125.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Messrs. Cornell, ~ebber, Mheeler, and the President, Hr, Anderson ................................... 4. NAYS: Mr. Dlllurd ...............1, (Messrs. Pollard and Young absent) REPORTS OF OFFICERS: BUDGET-RECREATION DEPARTMENT: The City Manager requested a transfer of $1,500.00 from Playleaders to Recreation Referees in the Recreation Department account of the 1961 budget, Mr. ~heeler moved to concur in the request and offered the following emergency Ordinance: (=14507) AN ORDINANCE to amend and reordain Section ZllO, "Recreation Department," of the 1961 Appropriation Ordinance. and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 25, page 125.) Mr, Wheeler moved the adoption of the Ordinance. The motion nas seconded by Dr, Cornell and adopted by the follouin9 vote: AYES: Messrs. Uornell. Dillard. Webber. Wheeler. and the President, Mr. Anderson ............................... 5. NAYS: None ......................O. (Messrs. Pollard and Young absent) SIDENALK, CURB AND GUTTER: The City Manager reported that. pursuant to a directive of the Council, he has consulted with petitioners in the Nilmont Farms Subdivision area concerning their objection to grading the sidewalk areas in the said subdivision; that the instructions to the subdivider for grading of this property are in strict compliance with the subdivision regulations contained in the City Code; and that in his opinion the petitioners now understand the matter and, while not entirely happy with the situation, are reasonably receptive to compliance with the law, the City Manager advising that he has intensified the city*s supervision and inspection of subdivisions in order that such a situation Mr, Dillard moved to concur in the report of the City Manager. The motion was seconded by Mr, Webber and adopted, REPORTS OF COMMITTEES: NONE, UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AND CONblDERATION OF ORDINANCES Ah~ RESOLUTIONS: ZONING: Ordinance No. 14570. rezoning from General Residence District to Business District property, fronting 100 feet on Yardley Drive and 150 feet on Maplelawn Avenue, N, W,,.known as Lots 3, 4 and 5, Block 2, Yardley bquare, having previously been before the Council for its first reading, read and laid over, wa~ again before the body, Mr, Wheeler offering the following for its second reading and final adoption: (:14570) AN ORDINANCE to amend and reenact Title XV. Chapter 4, Section 1. of The Code of the City of Roanoke. 1956. in relatioo to Zoning. (For full text of Ordinance. see Ordinance Book No. 25. page 110o) Mr. Rheeler moved the edoptioo of the Ordinance. The lotion las seconded by Mr. Webber and adopted by the f,Il,ling vote: AYES: Wessrs. Coreell. Dillard. Webber. Wheeler. nad the President. Mr, Anderson ........................... S, NAYS: None ..................O, (Wessrs, Pollard nad Young absent) ZONING: Ordinance No. 14571. fez,oleg iron General Residence District to Business District certain property in the northwest section of the City of Roanoke between West Side Boulevard. N. W.. and Peters Creek. baying previously been before the Council for its first reading, read and laid over. was again before the body. Mr. Wheeler offering the r,Il,wing for its second reading and final adoption: (=14571) AN OROINANCE to amend and reenact Title XV. Chapter 4. Section 1. of The Code of the City of Roanoke. 1g$6. in relation to Zoning. (For full text of Ordinance. see Ordinance O,ok No. 25 page llG.) Nr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Or. C,mall and adopted by the f,Il,win9 vote: AYES: Messrs. Cornell. Dillard. Webber. Rheeler. and the President. Mr. Anderson ........................... NAYS: None ..................O. (Messrs. Pollard and Young absent) STREET5 AND ALLEYS: Ordinance No. 14572, providing for the permanent vacation, discontinuance and closing of certain portions of Seventeenth 5treat. Eighteenth Street and Nineteenth Street. 5. W.. and portions of certain alleys lying north of and west of such streets, having previously been before the Council for its first reading, read and laid over. was again before the body. Mr. Wheeler offering the f,Il,win9 for its second reading and final adoption: (=i4572) AN ORDINANCE providing for the permanent vacation, discontin- uance and closing of certain portions of 17th. I,th and lqth 5treets and portions of certain alleys lying north and west of such streets in the southwest section of the City of Roanoke. Virginia. as hereinafter more fully described. (For full text of Ordinance. see Ordinance Book No. 25. page llg.) Wr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Nessrs. Cornel1, Dillard, Webber. Wheeler. and the President, Anderson ............................... 5. NAYS: None ..................O. (Messrs. Pollard and ¥onn9 absent) STREETS AND ALLEYS: Ordinance No. 14573, providing for the permanent vacation, discontinuance and closing of certain portions of certain streets and alleys between Fifteenth Street and Seventeenth Street. S. W.. 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 itssecond reading and final adoption: (z14573) AN ORDINANCE providing for the permanent vacation, discontin- uance end closing of certain portions of certain streets and alleys between 15th and l?th Streets in the southwest section of the City of Roanoke, Virginia, as hereinafter sore fully described, (For full text of Ordinance, see Ordinance Rook No. 25, page 121.) Hr. Wheeler moved the adoption of the Ordinance, The motion was second- ed by Dr, Cornell and adopted by the following vote: AYES: Messrso Cornell, Dillard, Webber, Wheeler, and the President, Bro Anderson .............................. NAYS: None .....................O. (Messrs. Pollard and Young absent) STREETS AND ALLEYS: Ordinance No. 14574, permanently vacating, discon- tinuing and closing a certain portion of a 12-foot wide alley in Block 10 as shown On the Revised Map Of Lee-By Court Corporation, and located west of and approxi- mately parallel to Drandon Avenue, 5. We, 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: (~14574) AN ORDINANCE permanently vacating, discontinuing and closing a certain portion of a 12-foot wide alley in Block 10 as shown on the Revised Map of Lee-My Court Corporation. and located west of and approximately parallel to Brandon Avenue, So (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. Webber and adopted by the following vote: AYES: Messrs. Cornell, Webber, Wheeler. and the President. Mr. Anderson .................................. 4. NAYS: Mr. Dillard ..............1. (Messrs. Pollard and Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: SALE OF PROpERTY-CITY PROPERTY-STATE HIGHWAYS: Mr. Wiley No Jackson. representin9 the City Rescue Mission, appeared before the Council and advised about five years ago the City Rescue Mission purchased two lots on the east side of First Street. ~. E., north of Elm Avenue, designated as Official Tax Nos. 4013311 and 4013312, for the purpose of building a mission house thereon; that during the last week, after it obtained a building permit for construction of the building and began grading, it was advised by the City Engineer that the property lies within the right of way Of the Interstate Spur from Interstate Route Ol into the city; that upon being advised of this situotlon, the City Rescue Mission con= sidered purchasing an adjoinin9 lot, Official Tax No. 4013310, which is available to it for the erection of the mission house, but was advised by the city*s Director of Plonnin9 that erection of the building on this property would be undesirable, Mr. Jackson stating that the organization owns a lot on the north side of Salem Avenue, east of First Street, S, E., Official Tax No. 4010212, which is 25 feet in width, upon which it proposed to erect a sales store for the organization, however, said lot is not large enough upon which to erect its · '24 mission house; furthermore° the City Engineer hum advised tbst it will be necessary for any building erected on the lot in question to be set boch 13 feet to provide rot street uideoingo Mr, Jachson advising the Council that the City Rescue Mission will be agreeable to erecting its proposed mission building on Solem Avenue. provided it can obtain from the city a portion of the city's property lying to the east of the mission*s Salem ATenue lot, being portions of Lots 46 and 47, Mard 5, R. L, and 1. o and° in exchange, transfer to the city the 13 feet desired off of the front of its Sales Avenue lot, and, uhen it receives settlement from the Department of Highways for its two lots on First Street. pay the city $5,000.00. this in lieu of building on the property adjacent to its First Street lots. Mr. Webber noted to refer the matter to a committee composed of Mayor Millis #. Anderson, Chairman, MeSSFS, Denton O. Dillard. Arthur S. Owens and Harry R. Yates for consultation with the parties involved, study and recommenda- tion, The notion nas seconded by Mr. ~heeler and adopted, There bein9 no further business, the Council adjourned. APPROVED i / ~ ~"~' C~erk PreSident COUNCIL, REGULAR MEETING, Roeday, October 16, 1961. The Council of the City of Roanoke net in regular meeting in the Council Chamber In the Municipal Building. Monday, October 16. 1961, at 2:00 o'clocko p. the regular meetin9 hour. with the President. Rt. Anderson, presiding. PRESENT: Messrs. Cornello Dillard, Pollard, Mebber, Mheeler. Young, and the President, Mr. Anderson ......... ?. ABSENT: None .............O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph lhittle, 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 Marion L. Simmons. Pastor, Green Ridge Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on October 9, 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing ~aving been set for 2:00 o'clock, p. m., Monday, October 16. 1061, on the request of Mr, J~hn B. Mlndel that his property located on the ~outhwest corner of Orange Avenue and Twentieth Street. N. W., designated as Lot 3. Block ~2, and a triangle in Block U2, Melrose Land Company, Official Tax No. 2321904. be rezoned from General Residence District to Business District. ard notice of the hearing having been published in The Roanoke World-Ne~s on September 29, 1961. and the City Planning Commission having previously recommended that the request be denied, the hearing was held at which no one =ppeared in opposition. Mr. Nindel appeared before the Council and stated that because his pro- perty is located on a main highway through the city it is no longer suitable for residential purposes; that the property surrounding hi~ property is also no longer suitable for residential purposes; and that he has previously filed a petition from owners of property completely surrounding his land advising the Council l~ey are in favor of the requested rezoning, ir. ~indel requesting that his property be rezoned for business purposes. Mr. Dillard moved to concur in the request and offered the following Ordinance: (~145~8) AN ORDINANC£ to amend and reenact Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, ia relation to Zoning. ~REREAS, application has been made to the Council of the City of Roanoke to hare the property located on the southwest corner of Orange Avenue and TwentietL Street, N. ~.. fronting 2C1.98 feet on the southeast line of Salem Turnpike, N. ~., 25 ~6 and 130 feet on Twentieth Street. N. ~o, designated as Lot 3, Black B2~ nnd the eastern triangle in Block ~2. according to the Map of Relrose Land Compaay~ and also known as Official Tax Wa. 2321904, rezoned from General Residence District to Business D t~trict; and WHEREAS. notice required by Title X¥. Chapter 4. Section 43. of The Code of the City of Roanoke, 19SG, relatin9 to ZonJn9. has been published in #Yhe 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 16th da~ of October, 1961, at 2:00 o°cloek, p. m., before the Council of the City of Rosnoke, at which hearing all parties in interest and citizens were given an opportunity to be heard hath for and against the proposed rezonlng; and WHEREAS. the City Plnnning Commission has recommended that the herein- after described land not be rezoned as requested; and WHEREAS. this Council. after considering all of the evidence presented, is of the opinion that the hereinafter described land sh uid be rezoned as req ed in the owner*s spplication, THEREFORE. BE IT ORDAXSED 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 followin9 particular ~nd no other, viz.: Property located on the southwest corner of Orange Avenue and Twentieth Street, N. W., fronting 201.90 feet on the southeast line of Salem Turnpike, N. W., and 130 feet on Twentieth Street, N. ~., described as Lot 3, Block 02, and the eastern triangle in Block B2, according to the Map of Welrose Land Company, desig- nated on Sheet 232 of the Zoning Wap as Official Tax No. 2321904, be, and is hereby, changed from General Residence District to Business District and the Zonin9 Rap shall be changed in this respect.' Wt. Dillard moved the Ordinance on its first reading. The notion was seconded by Dr. Cornell and adopted by the fallowing vote: AYES: Wessrs. Cornell, Dillard. Pollard. Webber. Wheeler and Youn9 ..... 6. NAYS: The President. Mr. Anderson ....-~ ................................ 1. pETITIONS AND COMMUNICATIONS: REFUNDS AND REBATES-TAXES-CHURCHES: The City Clerk presented a request of West End Wethodist Church for proration and partial refund of 1961 real estate taxes on Lot-15, Block 20. Raleigh Court, purchased by it on April 27. 1951, for use as a parsonage, advising that the said proration will result in a refund of $43.09 for the remainder of the year after occupancy by the church. Mr. J. Wilson Ingram, Attorney for the petitioner, not being present, Mr. Webber moved to lay the matter over until the next regular meeting of the Council in order that Mr. lngram might be heard on the matter. The motion was seconded by Mr. Wheeler and adopted. SPECIAL PERMITS-SYREETS AND ALLEYS: The Cit'y Clerk presented a communica- tion iron Lewis-Gale Hospital, requesting permission to install a sidewalk canopy over the entrance-way into its emergency entrance on Luck Avenue, S. W** said canopy to extend across the city sidewalk area to within twelve inches of the curb line and to be erected for the purpose of protecting emergency patients from the elements. Hr. Webber moved to direct the City Attorney to prepare a Resolution granting the requested permission. The motion was seconded by Hr. Wheeler and adopted, Mr. Dillard voting no. GRADE CROSSINGS-STREETS AND ALLEYS: The City Clerk presented a communi- cation from Mr. Ralph A. Glasgow, requesting that the city take action to establish a roadway and railway crossing over the tracks of the Norfolk and Western Railway Company as an extension of Roanoke Avenue, S. W., to provide means of ingress and :egress to his property lyln9 between the Norfolk and Nestern Railway Company's !right of way and the Roanoke River at the westerly end of Roanoke Avenue, Mr. iGlasgow*s property bein9 designated as Official Tax No. 1510301. Hr. Dillard moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by DF. Cornell and adopted. JUVENILE A$~ DO#ESTIC RELATIONS COURT: The City Clerk presented a commu- nication from Judge James W. FlippJn of the Juvenile and Domestic Relations Court, advising that the last session of the General Assembly of Virginia passed a statute which'permits establishment of j oJnt regional juvenile and domestic r~tJons courts by agreement of local governing bodies, the contribution of each locality to the expenses of maintaining and operating such court to be in accordance with the agreement between such bodies, the salaries of judges, associate Judges. sub- stitute judges, clerks, deputy clerks and other employees of such court to be fixed by the State Compensation Board and paid by the state out of appropriations in the general appropriation act for criminal charges, and the appointment of judges to be made for four year terms by the judges of the courts of record having juris- diction within the area served by such court; that in his belief advantages will accrue in the establishment of such a regional court by reason of the ever increas- ing metropolitan nature Of the Roanoke Valley creating problems of court work with juvenile offenders because of the limited boundaries of the various political sub- divisions; and that a more economical operation will result, Judge Flippin stating that a regional court will not be popular with a number Of people in the various political subdivisions of the valley, but, in his opinion, establishment of such a court will be a step in the right direction. Mr. Webber moved to direct the City Manager to ascertain whether any of the other governmental Jurisdictions within the Roanoke area are interested and submit his report thereon. The motion was seconded by Mr. Wheeler and adopted. SCHOOLS: The City Clerk presented n comaunicntina from the Roanohe City School Board. advising that It Is unable at this time to furnish n report upon the number of tuition grnnts and related lnforBntion ~or the current school year as requested by the Council at Its meeting of October 2. 1961, since no grants bare been approved by the Board for the current school year; that the Board uill probably consider the 160 applications received so tar after the deadline for receipt of such applications on November IS. 1961, for the first semester of the current school year; and shat the deadline for receipt of applications for the second semester Is March IS. 1962. Dr. Cornell moved to lay the matter over unti! receipt of the requested report from the School Board after November 15, 1961. The notion uas seconded by Mr. Young and adopted. REPORTS OF OFFICERS: BUDGET-AiRPORT: The City Manager requested a transfer of $2,000.00 from Supplies to Repairs in the Airport account of the 196! budget, advising that such transfer is necessary to provide for replacement of glass in the control tower nnd other repair Items presently needed. Mr. Young moved to concur in the request and offered the following emergency Ordinance: (~145B9) AN ORDINANCE to amend and FeoFdaln Section ~8~, 'Airport,u Of the 19~1 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 12T.) 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 ............... 7. NAYS: None .....................O. BUDGET-FlEE DEPARTMENT: The City Manager reported that he has received bids for purchase of refrigerators, electric ranges and miscellaneous utensils and equipment for cooking facilities in the various fire houses, which will require an appropriation of $2,750.00, and requested that such appropriation be made. Or. Cornell stated that members of the Council have not been furnished a copy of the tabulation of bids received and that there has been some complaint by various bidders concerning the method of handling them, and moved to lay the over until the next regular meeting of the Council. and, Jn the meantime, instruct the City Clerk to furnish each member of the Council with copies of the bids received along with a copy Of the advertisement therefor. The motion was seconded by Mr. Dillard and adopted. STREET LIGHTS: The City Manager recommended that the Council authorize the installation of street lights at the intersections of Wiley Drive with Jefferson Street and Franklin Road, S. W. Hr, Wheeler moved to concur in the request and offered the follomiag Resolution: (n145qO) A RESOLUTION authorizing the installation of one 6000 lumen overhead Incandescent street light at the intersection of Wiley Drive and Jefferson Street. S, W.; and at the intersection of Wiley Drive and Yraahlin Road. S. W** respectively. (For full text of Resolution, see Resolution Book No. 25. page 127.) 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, Webber, Mbeeler. Young, and the President. Mr. Anderson ............... 7. NAYS: None .....................O. PAY pLAN: The City Manager submitted a report, pursuant to provisions of Ordinance No. 14300, on the adequacy and status of the city*s Pay Plan contained in the said Ordinance, advising that only a bare minimum of complaints has been received by him during the year; that the turnover in personnel has remained at a reasonable level in the past several years, caused primarily by retirement of individuals and other factors over mhicb there could be no control; and that in his opinion the Pay Plan has worked exceptionally well, the City Manager recom~endin no changes at this time. Mr. Webber moved to file the report. Yhe motion was seconded by Mr. Pollard and adopted. AIRPORT: The City Manager reported that the five year improvement plan for the Municipal Airport, adopted by Resolution No. 12323 on the 7th day of February. 1955, has been substantially completed and has expired by reason of the time element; and that he has been advised by the Federal Government that requests for federal funds for airport improvements for the fiscal year beginning July 1, 1962, and ending June 30, 1963, must be filed by October 31, 1961, the City Manager stating that in his opinion a new long range proRram for improvements at the Municipal Airport should be prepared, and suggesting that the Council refer the matter to Es Airport Committee for its stady and recommendation and that the said Committee submit an immediate report of its recommendations for capital improvements!i for the fiscal year beginning July 1, 1962, in order to meet the deadline for filing with the Federal Government a request for funds for that purpose. Mr. Wheeler moved to concur in the recommendation of the City Manager and refer the matter of the Airport Committee for study and recommendation. The motion was seconded by Mr. Dillard and adopted. WATER DEPARTMENT: The City Manager submitted a report of the Manager of the Mater Department, advising that further study of a possible site for a proposed 2-million gallon water storage reservoir indicates that the two sites previously under consideration are not suitable mithout the use of piles in the foundation 29 '3O at considerable expense; and thor a new site has been selected meat of Peters Creek and south of the Lynchburg-Salem Turnpike. mbich site bas been approved by the city*s consulting engineers, Alvord, Burdick and Bowson. as to location; how- ever, subject to soil tests, and requesting that in order to provide the necessary improvements to the Delrny System the Council authorize acceptance and recordation of an option agreement mbich has been secured from the owner of the land selected for the new site; authorize employment of Alvord, 0urdick and Dowson for the pre- parntion of specifications, foundation drawings and approval of contractors* details at a cost of $4,000.00 in connection uith the installation of the proposed water reservoir; authorize employment of a testing laboratory tv investigate the new tanh site for determination of foundation requirements prior to the purchase thereof at a cost of $2.S00.00. which will also cover other incidental costs in connection with investigation Of sites under prior consideration; and authorize employment of Alvord. OurdJck and Houson for planning of feeder mains to the area in connection with improvements to the water system at a cost of $13.000.00. Mr. Raymond E. Pillow. Manager of the Water Department. advised the Council that as previously reported the proposed improvements to the Delray System are necessary to meet the expanding demand for water in the northwest area and that the recommendations made at this time are necessary preliminaries to the installa- tion Of the proposed water storage reservoir and other improvements to the system. Mr. Dillard moved to direct the City Attorney to prepare the necessary Resolutions to carry out the recommendations of the City Manager. The motion was seconded by Mr. Pollard and adopted. REPORTS OF COMMITTEES: SALE OF PROPERTY-CITY PROPERTY-STATE HICHWAYS: The Council at its meet- ing of October 9, 1961, having referred to a committee composed of Messrs. Willis M Anderson, Chairman, Benton O. Dillard, Arthur S. Owens and Harry R. Yates for study and recommendation a proposal of the City Rescue Mission to acquire certain real estate owned by the city on the north side of Salem Avenue, S. E., being portions of Lots 46 and 47, Ward 5. R. L. and I., for a price of $5.000.00, and to transfer to the city 13 feet off of the front Of its property lying adjacent thereto, a majority report was submitted by Messrs. Benton O. Dillard, Arthur S. Owens and }larry R. Yate$, advising that after consideration of all the factors involved Jt recommends denial of the offer to purchase the property. Mr. Anderson, the committee chairman, presented a minority report, advis- ing that in consultation between the committee and the representatives Of the City Rescue Mission, the Mission agreed to offer to pay for the parcel of land it pro- poses to acquire from the city, in addition to the 13 feet off the front of its OWn property, one-half of the net proceeds from the sale of its land on First Street, S. E., to the state, estimated at $10,000.00, based upon a preliminary appraisal of the said property at $20,000.00 by the state; that if the proposal is not acceptable to the city. then the Mission proposes to acquire land adjacent to its First Street property, as previously stated to the Council. and erect its build~ icg thereon; that he believes acceptance by the Council of the Mlssion°s proposal and erection of the Rescue Mission on Salem Avenue will be in the best Interests of the city and the Mission; that if the Mission is built on First Street. S. E., it will be some distance from its present location and remote to a degree from those it is intended to serve; tbat the heavy volume of traffic, which a major approach to the spur will generate, no doubt will constitute a hazard to the many children who take part in the Mission*s activities; that with foresight and intel- ligent planning Elmuood Park and the area surrounding it should assume aa increas- ing importance as a center for recreational, cultural and civic activities Jn the community, which will not be entirely compatible with the purposes of the Rescue Mission. Mr. Anderson recommendin9 that the Council take steps to permit the Mission to be constructed on the Salem Avenue site. Mr. Wiley ~. Jackson, Chairman of the Dulldin9 Fund Comnlttee of the City R~cue Mission. appeared before the Council and presented in writing a proposal to purchase from the city the portions of Lots 46 and 47, Ward 5, R. L. and I,, on the basis reported by Mr. Anderson. and as an alternate thereto, a proposal to sell to the city its lots on First Street, S. E.~ which are in the proposed right of way of the spur from Interstate 81, for a sum of $15.000,00, Mr. Jackson static9 that the Rescue Mission finds itself in this posl*ion because it was not advised that its proper~y is in the Fight of way area of the new interstate highway spur and was only advised thereof about a week previously when it broke ground for erection of its Mission thereon after securin9 a building permit from the city; and that the Rescue Mission would rather build its property on Salem Avenue adjacent to property it already owns if it can secure the needed land therefor from the city based upon its offer. Mr. R. O. Hannabass appeared before the Council and presented a petition signed by representatives Of fiftyrfive businesses located In the Market area con- tiguous to the Salem Avenue site in question, advising that they are opposed to the elimination of the parking facilities on the lot proposed to be obtained by the City Rescue Mission; that the lot has seventeen parking spaces and returns to the c'ity some $3.000.00 per year in parking fees received through its parking meters; that since the erection of the shopping centers in the outlying areas wher~ free parking space is provided, they are handicapped by congestion and limited parking facilities in the Mather area; and that rather than eliminate seventeen of the parking spaces available. }hey suggest that the city explore the possibility of providing more parking facilities in the Market area since the businessas in the downtown area, and particularly around the Market, are receiving considerable competition. 3'2 Mr, M. Howard Wood, Turner Drug Company, Incorporated, located In the Market area. also appeared, opposing the trunsfer of the city-owned property for erection or the City Rescue Mission on Salem Avenue, and advised the Council that the merchants in that area are Just beginning to overcome bad publicity they received some time ago in the local press concerning the undesirable people who hung around the Market; that customers are Just beginning to return to the area; and that la his belief neither the First Street site nor the Salem Avenue site are really desirable for the Rescue Mission. After considerable discussion of the matter, Dr. Cornell moved to table the matter. The motion was seconded by Mr. Dillard and lost, Messrs. Webber, Wheeler, Young and the Mayor voting no. Hr. Webber moved to lay the matter over until the next regular meeting of the Council in order that time may be had to consider it. The motion was seconded by Mr. Wheeler and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDInAnCES AND RESOLUTIONS: ZONING: Ordinance No. 14585. rezoning from General Residence District tm Business District property located on the north side of Orange Avenue, N. W.. 100 feet west of Eleventh Street, designated as Lot 12. Block 14, Melrose Land Company. Official Tax ~o. 2221414. 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: (~145~5) 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. 25, page 126.) 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: ~one ..................... O. CROSSOVERS: The Council having directed the preparation of an Ordinance to amend the City Code authorizing the City Manager to approve issuance of permits for sidewalk crossovers in excess of thirty feet. Mr. Wheeler offered the following emergency Ordinance: (=14591) AN ORDInAnCE amending and redrdaining section 3 of Chapter Title lYIl. of The Code of the City of Roanoke, 1956, regulating the use of sidewal with motor vehicles, et cetera; regulating the construction of sidewalk crossovers; providing penalties for the violation of said section; and providing for an emergency. (For full text of Ordinance, see Ordinance Book mo. 25, page 120.) 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 PONER COMPA~Y-¥ATER DEPARYMENT: Ybe Council at its meeting of October 2, lg&l, baying directed the preparation of an Ordinance grant- ing to the Appalachian Power Company an easement rot power lines across the Carvins Cove watershed, Mr, Young offered the following Ordinance: (a14592) AN ORDINANCE providing for the granting to Appalachian Power Company of a certain easement for the constrnctioo, erection, operation and main- tenance of an electric power line or lines within a 16,62e root long right of way across the City's Carvins Cove watershed in Dotetourt County, Virginia. WRERCAS. Appalachian Power Company, a public service corporation, has requested that the City grant to said company a perpetual easement for the construc- tion. erection, operation and maintenance of certain new electric transmission lines!i across a portion of the CJty*s Carvins Cove watershed in Dotetourt County, as the right of way for said power lines is hereinafter described, and has offered to pay the City for said easement the sum of $4,3§5.00, cash, at the rate of $75.00 per acre for the area included within said right of way; and WHEREAS, he City Manager has recommended that said proposal be accepted by the City. advising the Council that the route designated by said power company appears to be reasonably necessary for standpoint of the public and, further, adversely affect the City's use of its its use and the most economical from the that the grant of such right appears not to Carvins Cove property. TI{EREFOR£, BE IT ORDAINED by the Council of the City of Roanoke that the offer of Appalachian Power Company to purchase and acquire from the City. for the sum of $4,355,00, cash, a perpetual easement for its construction, erection, opera- tion and maintenance of an electric power line or lines across certain of the City'si: Carvins Cove watershed property in Amsterdam Magisterial District, in Botetourt County, Virginia. be. and said offer is hereby accepted, the right of uny and easement being 150 feet in width, that is to say being ?$ feet in width on each side of and parallel to the following described center llne. to-wit: BEGINNING at a point in the boundary line be- tween the lands of Violet T. Conner and the lands of the City of Roanoke which point is located 260 feet. more or less, in a north- westerly direction along said boundary line from a I 1/2 inch Iron Pipe, marking a corner to the two above mentioned lands; thence, leaving said BEGINNING and running through the lands of the City of Roanoke N. 53° 53' E.. for a distance of 3,77e feet, more or less. to a point; thence, S. 65° 17' E,, for a distance of 10.150 feet, more or less, to a point; thence, S. 62° 37' E., for a distance of 2.700 feet. more or less, to a point in the boundary line between said lands of the City of Roanoke and the lands of George B. Lawson; the total length of the centerline herein scribed being 16,62fl feet, more or less.' The above described centerline being shown on print of Appalachian Power Company*s Drawing B-3~OD dated August 17, 1961, a copy of which is on file in the office of the City Clerk. 33 34 BE IT FURYH~ ORDAINED that the Mayor and the City Clerk be. and each is hereby authorized and directed, for and on behalf or the City, to execute, seal and attest, respectively, a proper deed of easement made to said Appalachian Pomer Company, granting to said pouer company the easement aforesaid and the necessary rights incidental thereto, such deed of easement to be upon such form as is approve¢ by the City Attorney and to incorporate suck incidental terns and provisions asmybe required by the City Manager; and, upon full execution and acknowledgment of the aforesaid deed and upon payment to the City of the purchase price hereinabore provided, the City Clerk shall deliver the said deed to said pomer company. Mr. Young moved the Ordinance on its first reading. The notion mas seconded by #r. Wheeler and adopted by the following vote: AYES: RessFS. Pollard. Webber, Wheeler. Youn9, and the President, Anderson ......................................... 5. NAYS: Messrs. Cornell and Dillard ..... BUDGET-WATER DEPARTMENT-AIRPORT: The Council at its meeting of October 2, lgbl. having directed the preparation of an Ordinance providing for a loan of $37,q13.34 from Water Department funds to the General Fund, Mr. Wheeler offered the following emergency Ordinance: (~14593) AN ORDINANCE appropriating $37.913.34 to the Improvement Fund from the Mater Replacement Reserve Account for use in discharging the City's obligation to Hartman Construction Company pursuant to the contract authorized by Ordinance No. 145D3; directing its repayment or redeposit, with interest, to the last-mentioned account; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 129.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Pollard. ~ebber. Wheeler, Young. and the President, Mr. Anderson .......................................... 5. NAYS: Wessrs. Cornell and Dillard ......2. COUNCIL: The Council having laid over from its previous meeting an Ordinance amending the City Code to provide for one night meeting each month by the City Council, Dr. Cornell offered the following Ordinance: "AN ORDINANCE to amend and reordain Rules I and 2 of Sec. 2 of Chapter 4 of Title II of The Code of the City of Roanoke, 1956." Dr. Corneli moved the Ordinance on its first reading. The motion was seconded by Mr. Dillard and lost by the following vote: AYES: Messrs. Cornell. Dillard and Pollard ..............................$, NAYS: Ressrs. Mebber, Mheeler. Young, and the President. Mr. Anderson---4 BUDGET-BOARD OF ASSESSORS: The Council at its meeting of September 11, 1961, having considered the question Of appropriations for the Board of Assessors, at which time it was advised that an amendment to its appropriations is desirable, Mr. Dillard offered the following emergency Ordinance: (z14594) AN ORDINANCE amending and reordainiag Section 6. "Board of Assessors°# of the 1961 Appropriation Ordinaace; excepting the operation of the provisions of certain general ordinances of the City to expenditures made hereunder and to persons receivingthe same; and providing for an emergency. (For full text of Ordinance, see Ordinance Book ~o. 2S, page 130.) Hr. Dillard moved the adoption of tho Ordinance, The motion nas seconded by Dr. Cornell and adopted by the folloulng vote: AYES: Ressrs. Cornello Dillard, Pollard, Mebber, Rheeler. Young, and the President. #r. Anderson ................... NAYS: None .....................O. MOTIONS AnD MISCELLANEOUS BUSINESS: LICENSES: Rr. PolLard stated that the Council has received a number of requests from various groups and individuals for revision of the city"s business and professional licenses and pointed out that Roanoke City*s rates on these licenses are perhaps the highest in the state; that businessmen are going through a readjustment period due to changJn9 merchandizing conditions and a highly competi- tive market, and are carrying more than their share of the burden; consequently, he believes that a thorough study of the city*s tax structure to distribute tho tax burden more evenly is desirable, however, the time is too short to give proper study and relief for the coming fiscal year. Mr. Pollard movin9 to instruct the City Attorney to prepare an Ordinance authorizin9 a 20 per cent reduction on business and professional licenses for the year 1962. The motion nas seconded by Mr. Dillard. Mr. Webber offered a substitute motion to lay the matter over for con- sideration alon9 with the 1962 budget in order that the Council might determine the effect such a reduction will have on the city*s fiscal affairs and give consider- ation to sources of new revenue as needed. The motion was seconded by Mr. Young and adopted. CITIZENS COMMITTEE: The Council having laid over from its previous meet- ing the question of appointing members of The Citizens* Committee for Greater Roanoke, the Mayor presented a composite list of the suggested members of the Committee as proposed by the members of the Council as folloms: Messrs. M. Carl Andrems; M. W. Armistead. III; Coleman O. Austin, Jr.; Dr. W. Allen Barker; R. D. Cassell; Philip Clove, Jr.; Dr. C. Fallon Davis, Jr.; The Reverend Harry y. Bauble; Y. H. Garnand; B. B. Harden; Jack L. Hartman; Elmore D. Helms; Harold ~. Boback; R. E. Hodges; William A. House; Mrs. Bonnie Hughes; F. Roy Hunt; J. Wilson Ingram; Harry B. Johnson, Sr.; Marcus B. Kaplan; Mrs. W. Courtney King, Jr.; George P. Laurence; B. L. Lawson. Jr.; E. S. Lloyd; William A. Martin; Wyatt K, Metts; John H. Miller; John R. MacKenzie; Marvin J. McGhee; Lamrence R. Noell; O. D. Osborn; E. B. Ould; C. M. Parker, Sr.; H. F. Parrott; Zhomas P. Parsley; Dr. L. E. Paxton; Roy R. Pollard, Jr.; J. O. Plunkett. Jr.; Stuart T. Saunders; John T. Sayer~; .35 ¸36 W. Jackson Shepherd; James R. Sprinkle; H. W. Stanley; Richard C. Stephenson; NFS. Ben F. Stultz; Frank T. Tlrico; James L. Trinkle; James O. Trout, nnd Robert J. Wilkinson, Jr. Hr. Uillard moved the election of the 49 persons ubose names are listed above. The motion was seconded by Dr. Coroell and adopted by the following vote: AYES: #essrs. Cornell, Dillard, Pollard. Webber, Wheeler. Young, and the President, Hr. Anderson ................. ?. NAYS: none ...................... O. There being no further business, the Council adjourned. APPROVLD COUNCIL, REGULAId MEETINO, Monday. October 23, 1961, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, October 93, 1(;61o at 2:00 oeclocl~, p. the regular meeting hour, mlth the President, Mr. Anderson, presiding. PRES£NT: Messrs. Cornell, Dillard. Pollard, #ebb*r, Mheeler, Young, and the President. Mr, Anderson ................... 7, ABSENT: None ....................... OFFICERS PRF~KNT: Mr. Arthur S, Owens, City Manager, Mr, Randolph G, lhittle. City Attorney, Mr. Uarry R. Yates, City Auditor. and Mr, J, idobert Thomas, City Clerk, INVOCATION: The meeting mas opened with a prayer by the Reverend id, J. Sleasman, Pastbr, Nam Castle Christian Church. M1NBTES: Copy of the minutes Of the regular meeting held on October 16, lgO1. having been furnished each member of the Council, upon motion of Mr, Mheeler, seconded by Mr. Pollard and adopted, the reading was dispensed mith and the minutes approved as recorded. BEARING OF CITIZENS UPON PCOLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: DEPARTM/~NT OF PUBLIC N£LFAIdE: The City Clerh presented a cormunication from Mrs. Sue E. King, 2439 Center Avenue, N. M., advisin9 that she receives from the Melfare Department a orant of $45.00 per month which is not sufficient to meet her needs and that she has made numerous attempts to receive additional funds, but has been unsuccessful. The City Manaoer reported that Mrs. King's case has been studied for quite some time; that she previously received a grant for a child who lived with her, but said grant was cancelled because the child was removed from the home by the Juvenile Court, consequently, Mrs. King, who is only 44 yearsof age eligible for other than general relief, having been denied a grant under the Aid to! Permanently and Totally Disabled category by the State Appeal Board, the City Manager advising that Mrs. King undoubtedly needs some relief and that everythin0 is being done for her that can be done under the rules and regulations governin0 the program. Mr. Young moved to refer the matter to the City Manager as an administra-! tire one. The motion was seconded by Mr. Mheeler and adopted. SEt{ERS AND STORM DRAINS: The City Clerk presented a petition from forty-one residents of the area, reqaestin0 that action be taken to eliminate a storm water drainage problem in the vicinity of Mmpi*lawn Avenue and Link Street, ri, ii. Mr. Dillard moved to refer the matter to the City Manager for study, estimate of cost and recommendation. The motion was seconded by Dr. Corn*Il and adopted. 37. 38 PENSIONS-CITY SERGEANT: The City Clerk presented n communication from the City Auditor, transmitting an Actuarial Report covering the City Sergesutts office for the Virginia Supplemental Retirement System. Mr, Young moved to file the report, The motion was seconded by Mr, Wheeler andadopted. AUDITS=CITY TREASURER: The City Clerk presented a report of the Auditor of Public A~counts of Virginia, covering an audit of the accounts of the City Yreasurer for state funds for the fiscal year ended June 30, 1961. said report stating that all funds have been properly accounted for, Mr. Wheeler moved to file the report. The motion mas sesonded by Dr. Cornell and adopted, REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager reported that due to the increase in the number Of applicants for relief under the Aid to Permanently and Totally Disabled category, funds available for medical examinations, which are required, are not sufficient and requested an appropriation of $600,00 for the remainder of the year. Ur, Cornell moved to concur in the request and offered the following emergency Ordinance: (~14595) AN ORDINANCE to amend and reordain Section ~52. ~Public Assistance** of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 25, page 133,) Dr. Cornell moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson ....................... 7. NAYS: None .............................O. STREET LIGHTS: The City Manager recommended the installation of street lights at the following locations: corner of Thomas Avenue and Grayson Avenue, N. W.; 1400 block of Abbott Street, N. Wu; and in front of 3731Melcher Street. Mr. Dillard moved to concur in the recommendation and offered the following Resolution: (=14596) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light at the corner Of Thomas Avenue and Grayson Avenue, N. W.; in the 1400 block of Abbott Street, N. W. (APPole ho. 229-773); and in front of 3731Melcher Street, S. i., respectively. (For full text of Resolution, see Resolution Book No. 25, page 134.) Mr. Dillard moved the adoption of the Resolution. The motion was second- ed by Mr. Young and adopted by the foil*ming vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson ....................... 70 NAYS: None .............................O. DONATIONS*STREETS AND ALLEYS-SIDEMALK, CURD AND UDYT~.~: The City Manager reported that Mr. C. Bo Bouck has offered to deed to the city a Ia-foot strip Of land off the front of bis property, designated as Lots 6, ? and B, Block 4, Colonial Heights, located on the east side of Colonial Avenue, S. W., south of Hrandon Avenue, in exchange for construction of concrete curb and gutter, mhich land is needed for street widening purposes, the City Manager recommending acceptance of the-offer and extension of the contract between Miley N. Jackson Company and the City of Roanoke for street Improvements nt this area to corer the widening of the street at this point at n cost of $1,200.00. Mr. Wheeler moved to concur in the recommendation and offered the follow- ing emergency Ordinance: (314597) AN ORDINANCE authoriaing the acquisition of certain land situate on the present southeast side Of Colonial Avenue, S. M., from William H. Bouck and Calvin H, Houck to be used for street widening purposes; providing for the installation of curb and 9utter along the new street line abuttin9 said property; and providing for an emergency. (For full text of Ordinance. see Ordinance Book Wa. 25. page 134.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted hy the following vote: AYES: Messrs. Corn*Il, Dillard, Pollard, Webber, Nh*el.r, Young, and the President, Mr. Anderson ................ 7. NAYS: None ......................O. Mr, Pollard offered the folloming Resolution extending the contract between Wiley N, Jackson Company and the city: (~1459§) A H E~OLUTION relating to and extending the work to be per- formed under an existing contract with Wiley N. Jackson Company for the wad*nan9 and improvement Of a portion of Brandon Avenue, S. W., so as to widen and improve a portion of Colonial Avenne, S. Mo (For full text of Resolution, see Resolution Book No. 25. page 135.) Mr° Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Corn*Il, Dillard, Pollard, Mebber. Nh*el*r, Young. and the President, Mr. Anderson ................ 7° NAYS: None ......................O, SCHOOLS-STREETS AND ALLEYS-WAYER DEPARTMENT: The City Manager reported that he has studied the question of extending Ferncllff Avenue, N. W** into the Milliam Fleming High School property as requested by the Roanoke City School Board; that in consultation with owners of property needed for the said street, the said oma*rs requested that the city install a water main through the said street, which in effect will permit development of their properties; that should this property be subdivided, the existing subdivision laws will require the par- chaser not only to provide a street, but, also, to construct a mater system and 39 4O other improvements, consequently, he conaot recommend that the street be extended os that basis, the City Manager advising that he bas hsd four pieces of property involved appraised, indicating their value at $4.460.00; that if the Council desire to extend the street he rceommeods purchase of the necessary land owned by Ernest R. and Mary C. Conner. at a price of $1.600.00. and that firm offers be made to the other owners as folloms: Me. A. FoHoback. $2,025,00; Ne, J, L, . Ramsay. $110.00; and Mrs. £1va J. Gars,. $$25.00. but.that thepresent entrance into the school property, in his opinion, is sufficient. Mr. Webber moved to lay the matter over for consideration along with the 1962 budget. The motion mas seconded by Mr. Wheeler and adopted. MATER D£pARTMENT: The City Manager reported that. pursuant to a call for bids for sale of pulpwood on the Beaver Dam - Falling Creek Watershed. one bid was received from L. T. Turner, in the amount of $4,005,53, which he considers reasonable, and recommended acceptance thereof. Mr. Wheeler moved to concur in the recommendation and offered the following Ordinance: (~14§9g) AN ORDINANCE accepting the offer of L. T. Turner for the purchase of certain pulpwood within certain boundaries and areas on the City*s Beaver Dam and Falling Creek watershed, upon certain terms and conditions. WHEREAS, pursuant to the provisions of Resolution No, 14371 adopted by the Council on March 27, 1961, the City Manager caused advertisement for bids to be made for the purchase from the City of certain pulpwood on the City*s Beaver Dam and~Falltng Creek watershed, upon the first advertisement of which proposed sale no acceptable bids were received by the City; and WHEREAS, upon subsequent advertisement for bidders, L. T. Turner has submitted to the City a proposal in form required by the City offer lng to pay to said City the lump sum of $4,005,53, cash, for the right to cut and remove the pulpwood $o offered for sale, the bid of the said L. T. Turner being the only bid received in response to such advertisement; and WHEREAS, the aforesaid proposal has been studied by the Water Department Manager and the City Manager has recommended that said proposal be accepted by the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the written proposal Of L. T. Turner to purchase, cut and remove from the Cityts Beaver Dam and Falling Creek watershed certain designated pulpwood consisting of Virginia Pine, and being located in certain boundaries marked in the field and on maps furnished to said bidder and to pay to the City therefor upon entering into such purchase agreement the lump sum of $4,005.53, cash, be, and the said proposal is hereby accepted. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, and upon payment to the City of t~e cash purchase price hereinabove provided, to enter into written agreement mith the said L, T, Turner for the sale of the aforesaid pulpmood and rot its removal from the City*s said property, the sale sgreement to be upon such form as his heretofore been prepared for the purpose of said sale and approved as to form by the City Attorney and exhibited to the Council. said purchaser, upon execution of the sale agreement, to furnish to the City Clerh a proper performance and indemnity bond Jn accordance with the terms Of the CJty*s proposal, the City Clerh thereafter to affix the City's seal to said sale agreement and to attest the same, RE IT FIRALLY ORDA1NRD that, upon full execution of the sale agreement herein contemplated, the City Clerk shall return to said L. T, Turner the latter*s certified check of Slog,S0 payable to the City of Roanoke, heretofore delivered to the City as a bid bond. Mr. Mbeeler moved the Ordinance on its first reading. The motion was seconded by Mr. Pollard and adopted by the foil,ming vote: AYF~: Messrs. Cornell. Dillard. Pollard. Rubber. Mheeler. Young. and the President. Mr. Anderson ................ NAYS: None ......................O, CITY JAIL: The City Ranager presented six change orders to the contract of Days Construction Company for alterations to the City Jail, amounting to $1,301,q4, and advised that the change orders are necessary and that sufficient funds are available, the City Manager recommending that the Council approve the change orders to the contract, Mr, Young moved to concur in the recommendation and offered the following Resolution: (~14600) A RESOLUTION approving Change Orders Nos, l, 2. 3, 4, 5 and 6 to the City's contract dated the 12th day of September. 1961. with Days Construc- tion Company. Inc.. for alterations and remodeling of the City Jail. (For full text of Resolution. see Resolution D,ok No. 25. page 137.) Mr. Young moved the adoption of the Resolution. 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 ................ 7. NAYS: None ......................O. AIRPORT: The City Manager reported that Cross Electric Company, under its contract for installation of high intensity lighting on Runway 15-33 at the Municipal Airport, has on the site materials and supplies amountin9 to $3,217.22 for which it cannot be paid under the terms of the contract; that the company has been delayed in its installation by reason of a paving contract mhich must be completed prior to installation of the lighting equipment; and that this delay. being beyond the control of Cross Electric Company. has created a hardship by reason of mhich the said company has requested that it be paid for the material on site. the City Manager recommending that the Council concur in the request. -42 Mr. Young moved to coocur in the recommeadotioa iud offered the f,Il,win4 Resolution: (a14601) ARF. SDLDTZON authorizing payment of $3.217.22 to Cross ElectrJ Company.' (For full text of Resolution. see Resolution D,ok No. 25. page laD.) Hr. Young moved theadoption of the Resolution. The motion mas seconded by Dr. C,moll and adopted by the f,Il,ming vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson ...................... 7. NAYS: None ............................ O. DONATIONS-STREETS AND ALLEYS-SIDEWALE, CURB AND GUTTER: The City Manages reported that. pursuant to prior instructions of the Council for further negotia- tion, he has arranged for donation of additional land needed for street widening purposes on Mabry Avenue, S. E,. In exchange for construction of concrete curb and gutter when the street is widened, and that he has caused the City.Attorney to prepare an Ordinance accepting the offers, which he recommended be adopted. Mr. Dillard moved to concur in the recommendation and offered the follow- ing emergency Ordinances (~14602) AN ORDINANCE accepting the offers of certain property owners to donate and convey to the City portions of certain properties situate on Robry Avenue. S. E.. on certain terms and conditions to be later used for the widening of Mabry Avenue; and providing for an emergency. · (For full text of Ordinance, see Ordinance Book No. 25, page 139.) ~ir. Dillard moved the adoption of the Ordinance. The motion mas seconded by Dr. Cornell and adopted by the following vote: AyF.5: Messrs. Cornell, Dillard, Pollard, Webber, Nheeler~ Young, and the President, Mr. Anderson ...................... 7. NAYS: None ............................ O, gARBAGE REMOVAL: The City Manager reported that, pursuant to instruction of the Council at its meeting of October 12, 1961, he has investigated the garbage collection plan in use.at Fredericksburg, Virginia; that although the plan is an ex(client one, he does not consider it adaptable to Roanoke because of the initial and recurring charges involved, which would increase the cost of collection of garbage in the city; that he has reviewed the system in use in Lynchbarg, which includes the so called task force system, whereby mothers are paid for eight hours regardless of the number of hours it takes to collect the garbage in assigned areas; that residents are required to place their garbage at the front of their houses for collection; that nothing is collected from the residential area which will not Ro into a load packer; that Dempster Dumpster service is not provided by the city; that no industrial waste is collected; and that he feels the Lynchburg system has merit and possibly could result in savings to the city if used. Dr. Cornell moved to table the matter. The motion mas seconded by Mr. Dillard and adopted. BRIDGES: The City Manager reported that the Norfolk and Western Rallwa Company hue requested permission to raise the bridge over the Norfol~ and Western trachs at Elm Avenue. S. £.o at the entire cost of the Railway Coepany. in order that e new type of car can pass under the bridge, and advised that ~e bridge will be raised approximately 22 inches, which will not be objectionable from the stand- point of traffic usage, the City Manager recommending that the request he granted. MFe Pollard moved to concur in the recommuendatlon and offered the fol- lowing Resolution: (~14603) A RESOLUTION concurring in the proposal of Norfolh and Restern Railway Company to raise the elevation Of the £1w Avenue. $. E** bridge over said railway (ompany*s tracts under said bridge. (For fall text of Resolution. see Resolution Book No. 25. page 140.) ed by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Corn, Il. Dillard. Pollard. Webber. Wheeler. and the President. Mr, Anderson ..................... 6. NAYS: None .......................0. (Mr. Young not voting) REPORTS OF COWMITTEES: AIRPORT: The Council at its meeting of October 16, 1961. having referred' to the Airport Committee for study and recommendation the question of a new long- term program of improvements for the Municipal Airport. and. also. the question of a program of improvements for the fiscal year July 1. 1962, through June 30. 1963, the Committee submitted its report, advising that it is not at this time prepared to submit a long-range pr ogram, but. after a care ful study of immed late needs at the Municipal Airport. it recommends that an immediate request be made to the Federal Aviation Agency for approval of a project for bituminous overlay to strengthen Runway 15-33 at a total estimated cost of $265.000o00. fifty per rent thereof by the Federal Government from the Federal Airport Aid Program:ii [ to be borne and that after further study and consideration of the matter, it will render a further report making recommendations for a long-range improvement program° Mr. Wheeler moved to concur in the report of the Committee and offered the following Resolution: (~14604) A RESOLUTION authorizing and directing the City Manager to prepare, execute and submit to the District Airport Engineer in the Federal Aviation Agency. Civil Aeronautics Administration. the City*s UR,quest for Aid~. (Form ARA-1623). under the Federal-Aid Airport Program for certain improvements proposed to be made at the City"s Roanoke Municipal Airport during Fiscal Year 1962, and expressing this Conncil*s willingness to provide funds to pay for the City*s portion of such improvement. (For full text of Resolution. see Resolution Book No. 25. page 141°) Mr. Wheeler moved the adoption of the Resolution. The motion Was seconded by Mr. Webber and adopted by the following vote: 44 AYES: Messrs, Coraell, Pollard. Webber° Wheeler° Young. and the President° Mr, Anderson ........................... 6. ~AYS: Wr, Dillard ......................1, UNFINISHED BUSINESS: ~AL£ OF PROPERTY-CITY PROPERYY-STATE HIGHWAYS: The reports of the Council*s committee ¢o~eraing the location of the City Rescue Mission and the proposed transfers of property In connection therewith, having been laid over from the previoas meeting of the Council, were again before the body. Mr. Re O. Xannabass. representing the merchants in the market area. again appeared before the Council and reiterated the objections previously submitted concerning the location of the Mission on Salem Avenue. S. £.. and the sale of the city*s property to the lission for that purpose. Mr. Wiley N. Jackson. Chairman of the Building Fund Committee of the City Rescue Mission. Incorporated° appeared before the Council. along with Ressrs. Richard Fo Pence and Howard E. Sigmon of the said Corporation. and reiterated the arguments previously presented to the Council in the matter. Hr. Jackson advising that he has given the City Manager an option granting the city the exclusive right to purchase the Corporation*s property on First Street. $. E.. at a price of $20.000.0B. the option being good for a period of ninety days. this being the property that the state has advised will be needed for Interstate Spur Ol right of way; that the Corporation still desires to erect its Mission building on Salem Avenue if it can obtain the property owned by the city for that purpose; and that if it builds on Salem Avenue. the building will cover both the property desired from the city and its presently owned property adjacent thereto, and will be set back 25 feet from the present property line. After considerable discussion. Mr. Dillard moved to table the matter. The motion was seconded by Dr. Corn*Il and lost. Messrs. Webber. Wheeler. Young. and the President. Mr. Anderson. voting no. Mr. Webber moved to suggest to the City Rescue Mission. Incorporated. that it proceed with plans to build on its presently owned property, located on First Street. S. E.. and to reject the option dated October 12. lq61. tendered by the Corporation through the City Manager. under which the city will have a ninety day option to purchase the Corporation*s land on First Street, S. E.. for $20.000.00. The motion was seconded by Mr. Dillard and adopted, the President. Mr. Anderson. voting no. a£FUNDS AND REBATF~S-TAXES-CHURC~F..$: The request of the West End Methodl Church for proration and partial refund of 1961 taxes on Lot 15. Block 20. Raleigh Court. purchased by the said church and used for church purposes since April 27. 1961. having been laid over from the previous meeting of the Council. mas again before the body. Mr. Webber moved to concur in the request and offered the following emergency Ordinance: (z14605) AN OBD1NANCE providing for the proration and partial refund of certain 1961 real estate taxes paid on Lot 15, Section 27, Hap of Raleigh Court Corporation, recently acquired by the Trustees of the West End Wethodist Church; and providing for an emergency. (For full text of Ordinsnce, see Ordinance Book NO. 25, page 142,) Mr. Webber moved the adoption of tbs Ordinance, The motion mas seconded by Hr, Oillard and adopted by the f, Il.ming vote: AYES: #essrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President. Hr, Anderson ..................... 7, NAYS: None ...........................O, BUDGET-FIRE DEPARTMENT: The report of the City Manager. requesting an appropriation of $2,750.00 for purchase of refrigerators, stoves and miscellaneous equipment for fire stations, having been laid over from the previous meeting of the Council. was again before the body. Mr. Webber moved to concur in the request and offered the following emergency Ordinance: (~14606) AN ORDINANCE to amend and reordain Section ~i44. '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 143,) 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 ..................... 7o NAYS: None ...........................O. CONSIDERATION OF CLAIMS: NONE. INTRODCCTION AND CONSIDERATION OF ORDINANCES AND RF. SOLUYIO~IS: ZONING: Ordinance No. 145~, fez.ninE from General Residence District to Business District property located on the sonthwest corner of Orange Avenue and Twentieth Street. N. W., designated as Lot 3, Block 02. and the triangle in Block D2. Melrose Laud Company. Official Tax No. 2321904. 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: (~145~8) 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. 25, page 131.) Mr. Wheeler moved the adoption of the Ordinance. The motion was sec.nde by Mr. Young and adopted by the following vote: AYES: Wessrs. Cornell, Dillard. Pollard. Webber, Wheeler, and Young .................................................6o NAYS: The President, Mr. Anderson ........... EASEMENTS-APPAlACHIAN PONER COMPANY-WATER DEPARTMENT: Ordinance No. 14592. providing for the granting to Appalachian Power Company Of a certain ease- mens for the construction, erection, operation and maintenance of an electric p,mar line or lines mithln a 16.628 foot long right of way across the Clty*s Carvins Cove watershed in Hotetourt County. Virginia. having previously been before the Council for its first reading, read and laid over. was again before the body. Mr. Young offering the f,Il,ming for Its second reading and final adoption: (=14592) AN ORDINANCE providing for the granting to Appalachian Power Company of a certain easement for the construction, erection, operation and maintenance of an electric power line or lines within a 16.620 foot long right of way across the Clty*s Cnrvins Cove watershed in Botetourt County. Virginia. (For full text.of OrdJnance~ see Ordinance Hook No. 25. page 132.) Mc. Young m~ved the adoption Of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Pollard. Webber. Wheeler. ¥onng. and the President. Mr. Anderson .................................................. NAYS: Messrso Cornell and Dillard ..............2. SPECIAL PERMITS-STREETS Ah~ ALLEYS: The Council at its meeting of October 16. lgGl. having directed the preparation of a Resolution authorizing the Lewis-Gale Hospital to erect a canopy for its emergency entrance. Mr. ~heeler offered the following Resolution: (=14607) A RESOLUTION granting a permit to Lewis-Gale Hospital to erect a canopy over the sidewalk on Luck Avenue. S. W. (For full text of Resolution. see Rea,latium Book No. 25. pa~e 144.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AyEs: Messrs. Cornell, Pollard, Webber, Wheeler. Young, and the President. Mr. Anderson ................................... NAYS: Mr. Dillard ..............................1. MATER DEPARTMENT: The Council at its meeting of October 16, 1961, havin directed the preparation of necessary documents to effectuate a program for expan- sion of the water system in the northwest section of the city, as recozmended by the City Manager, the matter was again before the body. Mr. Webber moved to lay the matter over for one week. The motion was seconded by Mr. Wheeler and adopted. Mr. Dillard voting no and Mr. Young not voting. MOTIONS ANH MISCELLANEOUS BUSINESS: REFUNDS AND REBATES-SEWERS AW~ STORM DRAINS: Mr. John S. Plybou appeared before the Council and stated that about August 1, 1961, a sewer leak occurred in the service line to his property, 506-6 Marshall Avenue, 5. W., resulting in actumulation of sewage water on the surface in the yard of the property next door (504 Marshall Avenue, S. #.); that he was advised by the city's Plumbin9 Inspector, Mr, O, W, Simpson, that the leak was ia his sewer pipe line which extends across bis ueigbbor*s yard and that e new sewer service line to his property would be necessary; that acting upon Mr, $impson*s statement, Mr. Plyhon constructed a new sewer line at a cost of approximately $600.00, including $123,00 paid to the city for a permit to connect the new sewer service to the city*s main in #arshali Avenue; and that subsequently it mas determined that the main sewer line in Marshall Avenue was stopped up and when the line was cleared the problem disappear- ed, MFo Plybon requesting that the Council authorize a refund or the $123.00 paid the city covering the cost of connection to the city*s main, Mr, Dillard moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Hr. Rheeler and adopted. MATER DEPARTMENT: Dr. Cornell suggested that theb~ting fees at Carvins Core luke be reduced as follows: launching fee - from $1.50 to $1.00, and the annual boating fee - from $0.50 to $0.40 per horse power, and moved to refer the matter to a committee composed of Messrs. Charles M. Cornell. Chairman, Roy L. Mebber and Malter L. Young for study and recommendation. The motion was seconded by Mr. Nheeler and adopted. TheFe being no further business, the Council adjourned. A P P R 0 V E D  Cl~rk President 48 COUNCIL. REGULAR REETIWG, Monday, October 30, 1961. The Council of the City of Roanoke met Jn regular meeting in the Council Chamber in the Municipal Building. Monday, October 30. 1961. at 2:00 o'clock, the regular meeting hour. ujth the President, Mr. Anderson, presiding. PRESENT: Messrs. Cornell, Dillard. Pollard. Webber. Wheeler, and the President. Mr. Anderson ...................... 6. ABSENT: Mr. Young ................. 1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. Randolph G. Whittle. City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting Mas opened with a prayer by the Reverend Charles Fuller, Pastor, First Baptist Church. MINUTES: Copy of the minutes Of the regular meeting held on October 23. 1961. having been furnished each member of the Council. upon motion of Mr. Wheeler. seconded by Mr. Pollard and adopted, the reading Mas dispensed Mith and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. pETITIONS AND COMMUNICATIONS: SIGNS: The City Clerk presented a communication from Mr. Reuben E. Lawso requesting that permission be granted to the People's Voters League to install a banner across First Street. W. W., at its intersection with Gilmer Avenue. in con- nection with the election of November T. 1961. Mr. ~ebber moved to direct the City Attorney to prepare a Resolution granting the permission requested. The motion was seconded by Mr. Dillard and adopted. STREETS AND ALLEYS: The City Clerk presented a communication from Mr. Gerald T. Campbell. et ux., requesting that Edgehill Road and Meadow Lane, as sho~n on the E. M. Gearhart Map, in Garden City, be vacated, discontinued and closed. Mr. ~heeler moved to refer the request to the City Planning Commission for study and recommendation. The motion Mas seconded by Mr. Pollard and adopted. SEWERS AND STORM DRAINS: The City Clerk presented a communication from Mrs. Thelma R. Dillon. advising that storm waters flood her property at 720 Eighteenth Street, N. W.. during heavy rains and requesting that action be taken tO eliminate the condition. Or. Cornell moved to refer the matter to the City Manager for study and recommendation. The motion vas seconded by Mr. Dillard and adopted. REPORTS OF OFFICERS: BUDGET-LIBRARIES: The City Manager requested a transfer of $400.00 from Book Repairs to Building Maintenance in the Library account of the 19bi budget, and advised that the Building Maintenance account is exhausted. Mr. ~ebber moved to lay the matter over until the next regular meeting of the Council and to direct the City Hanager to report to the Council at that time specific needs rot which the transfer is requested, The motion mas seconded by Hr, Xbeeler and adopted, BUDGET-STREETS AMP ALLEYS: The City Ranager requested a transfer of $flO0.O0 from Haterials and Supplies to Contracts in the Street Repair account of the 1961 budget, and advised that the funds nra needed to make certain improvements on Melrose Avenue. N. ~.. in connection with the new Roanoke-Salem Shopping Center located on the south side of Melrose Avenue near the west corporate limits. Mr. Dillard moved to concur in the request and offered the following emergency Ordinance: (Ul4bO0) AN ORDINANCE to amend and reordain Section #01, "Street Repair, of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 25. page 146.) Mr. Dillard 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 President, Mr. Anderson ........... 6. NAYS: None .............O. (Mr. Young absent) SE~ERS AND STORM DRAINS: The City Manager reported that Rea Construction Company has completed its co~tract for improvements to the Sewage Treatment Plant; that in the final work certain changes in the contract, covered by Change Orders NOS. 22 to 34, were made; and that an additional appropriation of $2,652.50 is necessary to provide for the final payment to the company. Mr. Webber moved to direct the City Attorney to prepare a Resolution providing for approvement of the Change Orders as presented. The motion was seconde by Mr. Wheeler and adopted. STREET LIGHTS: The City Manager requested that the Council authorize installation of street lights at the following locations: in front of 1712 Grandln Road, S. Wp, and the corner of llazelridge Road and Christian Avenue. N. W. Mr. Wheeler moved to concur in the request and offered the following Resolution: (~14609) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light in front of 1712 Grandam Road. S. W. (AP Pole No. 277-1623). and at the corner of Hazelridge Road and Christian Avenue. N. ~., respectively. (For full text of Resolution, see Resolution Hook No. 25, page 146.) Mr. Wheeler moved the adoption of the Resolution. The motion was secondedl by Mr. Webber and adopted by the following vote: AYES: Messrs. Cornell. Pollard, Webber, Wheeler, and the President, Mr. Anderson .................... 5, NAYS: Mr. Dillard ....1. (Mr. Young absent) 5O AIRPORT: The City Manager reported that by reason of the contract entered into with Piedmont Aviation, Incorporated, concerning its operation of the hangar at the Municipal Airport, which provides for sale by the said Corporation of gasoline and oil. it is necessary to'amend Section 19, Chapter S. Title VIII of the City Code in order to permit such sales at the Airport. After considerable discussion of the matter, Mr. Dillard moved to lay it over until the next regular weeting of the Council. The motion was seconded by Dr, Cornell and adopted. Messrs. Yebher and #heeler voting no. Dr. Cornell moved to direct the City Manager to report to the Council at its next meeting the amount of sales for gasoline (including turbine fuel) and oil at the Municipal Airport for the two preceding years, and. also, that the City Clerk have the lease with Piedmont Aviation at the next regular meeting of the Council. The motion was seconded by Mr. Dillard and adopted. CITY JAIL: The City Manager submitted a request of the City Sergeant that the contract between Days'Construction Company and the city for certain improvements to the City Jail be enlarged to provide for installation of conference booths in the room adjacent to the Jailer*s Office, and, also, for elimination of a window in the hallway on the 5th floor, replacement thereof by a door with a concrete apron, the cost for such changes bain9 $43G.00 and $200.00, respectively, or a total Of $71D.00, the City Manager recommending that the Council indicate its approval Of these changes and advising that he can accomplish them administratively. Mr. Dillard moved to concur in the request for approval by the City Manager. The motion was seconded by Mr. Webber and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: The Council at its meeting of October 2, 1961, having referred to the City Planning Commission for study and recommendation a request of Mrs. Jean Martin Glasgow that her property, designated as Lot 9 and the eastern 1/2 of Lot 10. Block 5, Westend and Rtverview ~and Company. located on the north side of Patterson Avenue, S. W.. between Twelfth Street and-Thirteenth Street, Official Tax No. 1212713. be rezoned from General Residence District to Business District. the City Planning Commission submitted its report, advising that while the business use of this property will not be compatible with the existing surrounding residen- .rial property, it is of the opinion that some reasonable use for the vacant lot in question must be found; and that the area has a potential as a future business section, the City Planning Commission recommending that the requested rezoning be granted. Mr. Wheeler moved to set a public hearing in the matter for 2:00 o'clock, p. mo. November 27, 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 mas seconded by Mr. Webber and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: MATER DEPARTMENT: Ordinance NO. 14599, accepting the offer of L. T. Turner for the purchase of certain pulpwood within certain boundaries and areas on the clty*s Dearer Dam and Falling Creek watershed, upon certain terms and conditionsI having prerlouslT been before the 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: (gldSgg) AN ORDINANCE accepting the offer of L. T. Turner for the purchase of certain pulpwood within certain boundaries and areas on the City*s Dearer Dam and Falling Creek watershed, upon Certain terms aud conditions. (For full text of Ordinance, see Ordinance Dook No. 25, page 145.) 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, ~heeler, and the President, Mr. Anderson .......... NAYS: None ............O. (Mr. Young absent) NATER DEPARTMENT: The Council at its meeting of October 16, 1961. having directed the preparation of an Ordinance providing for expansion of the city's publ~ water distribution system in the northwest section of the city, Mr. Webber offered the following emergency Ordinance: (314610) AN OgDINANEE providing for the expansion of the City*s public water distribution system in the northwest section of the City by the construction of a new water storage reservoir, feeder mains, etc.; acquiring an.option for the City*s purchase of a certain site in Roanoke County for the construction of a water standpipe; and providing for an emergency. (For full text of Ordinance. see Ordinance Oook No. 25. page 147.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Dillardand adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Nheeler, and the President, Mr. Anderson---~ ...... NAYS: None ............O. (Mr. Young absent) Mr. Nebber then offered the followifl9 emergency Ordinance appropriating funds necessary for the engineering services provided for in the preceding Ordinane~ (~14611) AN ORDINANCE to amend and reordain "Non-Operating Expense* of the 1961 Water Fund Appropriation Ordinance. and providing for an emergency. (For full text Of Ordinance. see Ordinance Dook No. 25, page 148.) Mr. Webber 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, Mheeler, and the President, Mr. Anderson .......... 6. NAYS: None ............O. (Mr. Young absent) 52 LICENSES: The Council ut its meeting of October 2, 1961, having directed the City Attorney to study the question of adjustment of licenses for businesses in the middle of the tax year where conditions warrant and submit his report and recommendations to the Council, the City Attorney presented un Ordinance to amend the License Tax Code to provide for semi-annual licenses where the tax thereon is $250.00 or more and upon request of the applicant for such license, After considerable discussion of the matter, in which it appeared that the Ordinance before the Council does not accomplish relief to Mright Rotor Corporation, Nick Lampros and Rutrough Motors, Incorporated, uho have petitions pending before the Council. Mr. Mheeler moved to direct the City Attorney to prepare a Resolution providing for adjustment or abatement of license taxes against the said corporation: for the year 1961 as requested and as Justified by the facts. The motion was seconded by Mr. Dillard and adopted. MOTIONS AND MISCELLANEOUS OUSINESS: ZONING: Mr. Frank W. Rogers, Attorney for Johnson-Carper Furniture Company, appeared before the Council and presented a petition requesting that Lots 1. 2 and 3 of the northern half of the F. L. Mertz Subdivision. fronting 386 feet on the west side of Hollins Road, N. E.. between Wertz Avenu~ and Pearl Avenue, and extending back a depth of approximately 325 feet, be rezoned from Special Residence District to lleovy Industrial District, Mr. Rogers advising that the Corporation has preliminary plans for expansion of its plant and will need this property, and that the property in question is a portion of the Corporations land leased to the City of Roanoke for park purposes, under which lease the owner is required to 9ire the city a six months' notice for cancellation in event of need of the property, and requesting that the Council indicate its willingness to cooperate with the Corporation by waiving the required notice of cancellation of the lease at such time as the Corporation's plans are completed and the property is needed for an expansion of the plant. Mr. Nebber moved to refer the request for rezoning to the Citl Planning Commission for study and recommendation. The motion was seconded by Mr. Dillard and adopted. Mr. Webber then moved to advise Johnson-Carper Furniture Company, Incor- porated, that the Council will cooperate in waiving the six months* notice required in cancellation Of the lease upon request Of the Corporation. The motion mas seconded by Mr. Wheeler and adopted. There being no further business, the Council adjourned. APPROVED  Cl~rk President COUNC IL,REGULAR REETING, monday, November 6, 1961. The Council of the City of Roanoke met In regular meeting in the Council Chamber Jn the Rnnicipsl Building, Monday. November 6, 1961, at 2:00 o'clock, p, m** the regular meeting hour, with the President, Mr. Anderson, presiding, PRESENT: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President. Mr. Anderson ................... T, AD$~NT: None .......................O. OFFICERS PRESENT: Mr. Arthur S. O~ens, City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr, DafFy R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerh. INVOCATION: The meeting was opened with a prayer by the Reverend L. E. BumrlCko Pastor, First Church of the Nazarene, MINUTES: Copy of the minutes of the regular meetin9 held on October 30. 1961, havin9 been furnished each member of thy Council, upon notion of Rt. ~heeler, seconded by Mr. Pollard and adopted, the reading was dispensed with and the minutes approved as recorded. IIEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a request of Mrs. Bari Howard Pr*flit, et al., that their property, located on the northwest corner of Patterson Avenue and Seventh Street, S. M., Official Tax No. 1112317, be fez.ned from Business District to Light Industrial District. Mr. Young moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Mr. Pollard and adopted, LICENSES: The City Clerk presented a communication from National Theatre Corporation, advising that it closed Roanoke Theatre on May 20, 1951, and didn't reopen it after that date and requesting that the Council refund to it $173.23 representing the second half of its 1961 license tax previously paid. Mr. Young moved to refer the request to a committee composed of Messrs. Arthur S. Owens, Chairman, Randolph O, Whittle and Harry R. Yates for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. RECREATION DEPARTMENT: The City Clerk presented a communication from National Smart Set. requesting that the Council authorize construction of a new recreation center with a swimming pool in the northwest section of the city to serve the negro community. Mr. Pollard moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Nheeler and adopted. ZONING: The City Clerk presented a petition of Messrs, C. B. and M. B. Houck, requesting that their property, designated as Lots 6, 7 and 8. Block 4, 53 Colonial Heights, Official Tax Nos. 12Y1306 - 1271300. iecluslre, located ou the north side of Colonial Avenue, S. W., 101.7 feet south of Rraudou Areuoe. be rezoned from General Residence District to Business District, Mr. Mheeler moved to refer the reqoest to the City Planning Commission for study and recommendation, The motion was seconded by Mr. Young and adopted, STREETS AND ALLEYS: The City Clerk presented a petition from Mrs° Mary Izard Adams, et al.. requesting that an alley lyin9 between Stephenson Avenue and Longrlew Avenue. S. M** extending from 2?th Street to 28th Street, be vacated. discontinued and closed. Rr, Wheeler moved to refer the request to the City Planning Commission for study and recommendation. The notion was seconded by Mr. Young and adopted. STREETS AND ALLEYS: The City Clerk presented a communication from Mrs. Eva B, Woolwine, requesting that the city build a wall around her property at 1019 Sherwood Avenue, S, W,, because the alley adjoining her property nas lowered in connection with improvements to the intersection of Main Street, Sherwood Avenue and Drandon Avenue, S. Rr. Webber moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Dillard and adopted. POLICE DEPARTMENT-CITy JAIL: The City Clerk presented a report of the Department of Welfare and Institutions of the Commonwealth, covering the inspection of the Roanoke City Jail and the Police Lockup, performed by that department on October 16, 1961. Mr. Wheeler moved to file the report. The motion was seconded by Mr. Young and adopted, REPORYS OF OFFICERS: WATER DEPARTMENT: Yhe City Manager reported that, by reason of recent improvements to the water distribution system, the static pressure of water serving Victor Street. Sutton Street and Whittaker Avenue, N. pounds from 30 pounds which mill result in better service to the residents on those streets, and that the Water Department has recommended that the Council authorize such an increase, the City Manager concurring in said recommendation. Rt. Wheeler moved to concur in the recommendation and offered the following Resolution: (~14612) A RESOLUTION providing for an increase in water pressure to certain consumers residing on Victor Street, Sutton Street and Whittaker Avenue, (For full text of Resolution, see Resolution Book No. 25. page 149.) Mr, Wheeler moved the adoption of the Resolution. The motion was seconded !Iby Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson .................... NAYS: None ..........................O, STREET LIGBTS= The City Manager reported that, by reason of construction of the Toners Shopping Center, the Flsbburn Parh School and the Roan*he Technical Institute along Colonial Avenue, S, Moo he has concluded that improvements to the street lighting system on Colonial Avenue, fFom *random Avenue to Minding Way Road, are needed and has instructed the Appalachian Power Company to mahe a surrey of these needs, and presented to the Council the survey prepared by Appalachian Power Company proposing to install additional lights in three phases us follows: the first, nine 6,000 lumen lights and tn* 2,500 lumen lights, at a net increase of $270,00 per yeaF; the second, ten 6.000 lumen lights, at a net increase of $220,60 per year; and the third, fifteen 6,000 lumen lights, at a net increase of $351,00 per year, a total net increase in cost for the entire project Of $841,U0 per year, the City Manager recommending that the first phase be authorized immediately and the other two phases at later dates. After some discussion Of the matter, Mr. Pollard moved to lay it over until the next regular meeting of the Council. The motion was seconded by Ur. Corn*Il and adopted. BUDGET-AIRPORT: The City Manager reported that, pursuant to a directive of the Council at its meeting of September 5, 1961, he has advertised for bids for construction of a sidewalk canopy at the Terminal Building at the Municipal Airport~ and presented a tabulation of bids received therefor, showing the bid Of HaFtman Construction Company. in the amount of $4,g75.00, as low, the City Manager request- in9 an appropriation of $4.990.00 to cover the cost of the contract and the adver- tising for bids. Mr. Webber moved to concur in the request and offered the foil*winD Ordinance: (~14613) AN ORDINANCE to amend and reordatn 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, ~Departmental Equipment and Improvements,~ of the 1961 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: DEPARTMENTAL EOUIPMENT AND IMPROVEMENTS ~144 (1) ...... $287,039.U0 (1) Airport - 88 Canopy $4,990.00 Rt. Webber moved the Ordinance on its first reading, The motio~ sas seconded by Rr, Wheeler and adopted by the following vote: AYES: Messrs. Pollard, Mebber, Mheeler, and Young ....................4. NAYS: Messrs. Corn*Il, Dillard, and the President, Mr. Andersoc ......D. REFUNDS AND REBATES-SEWERS AND STORM DRAINS: The City Manager reported that he has investigated the request of Mr. John S. Plybon, 506 Marshall Avenue, S. W., for a refund of $123,00, representinD his cost to the city for construction of a sewer connection to bis property, and advised that Mr. Plybon was required to provide a new sewer connection to his property because of defective plumbin9 under the house and because the building was not connected directly to the city's sewer as provided by las, the City Manager stating that he feels the city has no respon- sibility in the matter and that he cannot recommend a refund as requested. After some discussion of the matter, Mr. Dillard moved to direct the City Attorney to prepare a Resolution authorizing · refund of $123,00 as requested. The motion was seconded by Dr, Cornell, Mr, Young stated that, based on information furnished by the City Reneger verbally, included in the $123.00 paid by Mr, Plybon is $50,o0'for a connection charge and $2.25 for sewer inspection fee under the Plumbing Code. and offered a substitute motion to direct the City Attorney to prepare a Resolution authorizing a refund of the $50.00 connection fee and the $2,25 permit inspection fee. The substitute was seconded by Mr, Mebber and adopted, Messrs. Cornell and Dillard voting no. SERERS AND STORM DRAINS: The City Monager reported that he has investi- gated the request of a number of citizens for elimination of a storm water drainage problem at the intersection of Maplelawn Avenue and Link Street, N, E., and that to construct a drain from this intersection to carry off this water will cost approxi- mately $1T,O00.O0. and recommended that this matter be laid over for consideration ainu9 with the 1962 budget, the City Manager advising that in conducting the study of the matter, the city's engineers concluded that the problem might be overcome by increasin9 the size of the storm drain laterals to the catch basins at this intersection; that this work is underway; however, that he cannot guarantee this will relieve the problem. Mr. Webber stated that. since the City Manager is attempting to solve the problem, he believes no further action should be taken pending a report on the attempt, and moved to file the report. The motion was seconded by ~r. Wheeler and adopted. SEWER5 AND STORM DRAINS: The City Manager reported that he has investi- gated the complaint of Mrs. Thelma R. Dillon. 720 Eighteenth Street. N. M., that storm waters run over her property from the street causing considerable damage and that to construct a drain to relieve this situation will cost $3,600,00, the City Ranager recommending that the matter be considered along with the 1962 budget. Mr. Webber stated that if the water is crossing the curb and sidewalk it may be a matter of grades on the street, which can be eliminated by raising the curb line, and moved to refer the matter back to the City Manager for restudy and report. The motion was seconded by Mr. Dillard and adopted. REPORTS: The City Manager submitted a report of the Department of Public Melfare for the month of September, lg61, and reported other departmental reports on file in his office. Mr. Wheeler moved to file the report. The motion was seconded by Mr. Pollard and adopted. BUDGET: The City Manager submitted his proposed 1962 budget. Dr. Cornell moved to refer the budget back to the City Manager with instructions to cut $1,000,000o00 from the estimated expenditures. The motion was seconded by Mr. Dillard. Mr, Webber offered a substitute motion to receive the proposed budget for consideration by the Council. The substitute motion mos seconded by Mr, Wheeler and adopted, Mr. Olllurd voting no, Mr, Webber then moved to begin study of the budget at an informal meeting to be held Friday, November 10. 1961, at 7:30 o'clock, p. m,. in the Council Chamber. The motion was seconded by Mr. Young and adopted. REPORTS OF CORMITTEE~: NONE, UNFINISHED BUSINESS: ZONING: The Council at its meeting of October 30, 1961, having referred to the City Planning Commission for study and recommendation a request of Johnson- Carper Furniture Company, Incorporated. that a portion of its property on the ~est side of Rollins Road, N, E., between Wertz Avenue and Pearl Avenue, be rezoned from~ Special Residence District to Ileavy Industrial District, the City Plannin9 Commis- sion submitted its report, advising that in its opinion the property is suitable for and should be used for lleavy Industrial purposes and recommending that the request be granted. : Mr, Nheeler moved to set a public hearing in the matter for 2:00 o'clock,i p. m** December 4, 1961. 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 Dr. Cumuli and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: LICENSES: The Council at its meeting of October 30, 1961, haviz9 directed the preparation of a Resolution granting a rebate of the second install- ment of the lgO! tax paid on the license issued Nright Motor Corporation, Mr. Youngl offered the following Resolution: #A RESOLUTION directing the rebate of the second install- ment of the 1961 tax paid on the license issued Mright Motor Corporation, 319 West Campbell Avenue, Roanoke, Virginia. RDEREAS, W. A. Jarrett, Vice President of Wright Motor Corporation, heretofore appeared before this Council and, for reasons stated on those occasions, requested that the second installment Of the 1961 tax paid on the license issued said corporation be rebated, in which request, under the peculiar circumstances of this case. this Council concurs. THEREFORE, BE IT RESOLVEO by the Council of the City of Roanoke that the second installment of the 1961 tax paid on City license No. 1231 issued Wright Motor Corporation, 319 West Campbell Avenue, Roanoke, Virginia, which second install- ment amounts to $1,568.67, be, and the same is hereby, ordered to be rebated and the City Auditor is hereby directed to issue a City voucher in said amount, payable to said corporation." Mr, Young moved the adoption of the Resolution, The motion was lost for want of a second. LICENSES: The Council at its meeting of October 30, 1961, having directed the preparation of a Resolution granting a rebate of the second install- ment of the 1961 tax paid on the license issued Rutrough Motors, Incorporated, Mr. Young offered the folloming Resolution: #A RESOLUTION directing the rebate of the second install- ment of the 1961 tax paid on the license issued lntrough Motors, Incorporated, 327-335 Luck Avenue. Roanoke, Virginia, MHERKAS, H, Ho Rutrough, President of Rutrough Motors, Incorporated, heretofore appeared before this Council end, for reasons stated on that occasJono requested that the second installment of the 1961 tax paid on the license issued said corporation be rebated, in which request, under the peculiar circumstances of tbls case, this Council concurs, THEREFORE. H£ IT RESOLVED by the Conncll of the City of Roanoke that the second installment of the 1961 tax paid on City license No, 1245 issued Rutrough Motors, Incorporated, 32?-335 Luck Avenue. Roanoke, Virginia, which second install- ment amounts to $2,175.52. be, and the sane is hereby, ordered to be rebated and the City Auditor is hereby directed to issue a City voucher in said amount, payable to said corporation,' Mr. Voung aoved the adoption of the Resolution. The motion was lost for want of a second. LICENSES: The Council at its meeting of October 30, 1961, baying directed the preparation of a Resolution granting the abatement Of the second installment of the 1961 tax paid on the license issued Nick Lampros, trading as Nick's Place at 201-209 First Street, N. N., Mr. Young offered the following Resolution: UA RESOLUTION directing the abatement of the second installment of the 1961 tax on the license issued Nick Lampros, tradin9 as Nick*s Place at 201-209 1st Street, N. ~., Roanoke, Virginia. NIIEREAS. Alexander N. Apostolou, Esquire, heretofore appeared before this Council as attorney for Nick Lampros. formerly trading as Nick*s Place at 201-209 1st Street, N, ~., and, for reasons stated on that occasion, requested that the second installment of the 1961 tax on the license issued his said client be abated, in which request, under the peculiar circumstances of this case, this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the second installment of the 1961 tax on City license No. 775 issued Nick Lampros, trading as Nick's Place at 201-209 1st Street, N. Wo, Roanoke, Virginia, which second installment, together with penalty and interest, amounts to $324.91, be, and the same is hereby, abated.' Mr. Young moved the adoption of the Resolution. The motion was lost for want of a second. S16NS: The Council at its meeting of October 30, 1961, having directed the preparation of a Resolution granting a permit to People's Voters League to install a banner across the street at the intersection of First Street and Gilmer Avenue, N. N,, Dr. Cornell offered the following Resolution: (~14614) A RESOLUTION authorizing the City Manager to permit the People's Voters League to install a banner over the street at the intersection of 1st Street and GJimer Avenue, N. M** in connection with voting day, (For full text Of Resolution, see Resolution Book No. 25, page 149.) Dr. Cornell moved the adoption of the Resolution. The motion was seconde by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, Nebber, Wheeler, Young, and the President, Mr. Anderson .................... NAYS: None .......................... O, S~MERS AND STOR# DRAINS: The Council at its meeting of October ~0, 1961 havieg directed the preparation of a Resolution approving Change Orders Nos. 22-34 laclnsive, to the contract of Rea Construction Cospany for improvements to the Sewage Treatment Plant, Mr, Mheeler offered the following Resolution: (n14615) A RESOLUTION appvovia9 thirteen change orders covering both eztra work performed and proposed work and services deleted by Rea Construction Company pursuant to its contract with the City for additions to the sewage treat- ·ent plant. (For full text of Resolation, see Resolution Boob No. 25, page 150.) Mr. Mheeler moved the adoption of the Resolution. The motion was Second- ed by Mr. Pollard and adopted by the following vote: AYES: Messrs. Covnell, Dillard, Pollard, Mebber, Nheeler. Young, and the President, Mr. Anderson ................... ?o NAYS: None .........................O. Mr. Mheelev then offered the following emergency Ordinance appropriating the funds to cover the overrun in the contract: (z14616) AN ORDINA~C£ to amend and reordain "Non-Operating Expenses' of the IgC! Sewage ~reatnent Fund Appropriation Ordina~tce. and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page l~l.) Mr. ~heeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: A~ES: Messrs. Cornell. Dillard, Pollard, ~ebber, ~heeler, Young. and i the President. Mr. Anderson ................... ?. NAYS: None .........................O. : AIRPORT: The Council havin9 laid over from its previous meeting an Ordinance to provide for authorizing Fixed Base Operators to sell aircraft fuel and lubricants at the Municipal Airport. having requested a report of the sales of gasoline at the Municipal Airport for the two preceding years from the City Manager, and having directed the City Clerk to have present at the meeting the contract between the City of Roanoke and Piedmont Aviation, Incorporated, covering the lease of the hangar at ~e Municipal Airport, the lease was presented for the consideration of the Council. The City Manager presented a report of the sales of aviation fuel and lubricants as requested and reported that at present ~0 octane gas purchased for 30 1/2¢ per gallon is being sold at 41¢ per gallon; 100 octane gas purchased for 32¢ per gallon is being sold at 43~ per gallon; and 115 octane gas purchased for 33 1/2( per gallon is being sold at 45g per gallon; and that oil is purchased for $1.02 per gallon and sold for $1.60 per gallon. After considerable discussion of the matter, Mr. ~ebber offered the following Ordinance: 59 6O (o14617) AN ORDINANCE to amend and reordain Sec. 19. *Sale of gasoline and afl,' of Chapter $. *Airport,' of Title VIII, 'Public B~ildfngs and Properly.' of The Code of the City of Roanoke, 1956, BE IT ORDAINED by the Council of the City of Roanoke that Sec, 19, 'Sale of gasoline and oil** of Chapter 5. 'Airport.' of Title VIII. *Public Buildings and Property.' of The Code of the City of Roanohe. 19S&, be, and said section is hereby, amended and reordnlned so as to read and provide as folloms: Sect 19. Sale of qasoline and oilt Fixed Base Operators, who coaply with established safety rules and regulations, nay obtain a license au- thorizing such operator to sell aviation fuel and oil within the area leased by such operator from the city, The license for such privilege shall be one and one= half (1 1/2) cents for each gallon of gasoline or oll and one (1) cent for each gallon of tarbine fuel deliver- ed any aircraft except air carrier aircraft on schedule service which are covered by separate contract with the city. In addition, such licensee shall collect appli- cable airport landing fees from aircraft so serviced by such licensee and remit the sane to the city, without charge. Such license and landing fe~s shall be payable on or before the tenth day of each month covering sales made and landing fees collected during the previous month and accurate records, approvable by the City Auditor, shall be kept showing all such deliveries and landings and shall be open, at all reasonable tines, for inspection or audit by the city. Mr. Webber moved the Ordinance on its first reading. The notion was seconded by Rt. Wheeler and adopted by the following vote: AYES: Messrs. Pollard, Webber, Mheeler, Young, and the President, Mr. Anderson ........................................ 5. NAYS: Messrso Cornell and Dillard .... MOTIONS AND MISCELLANEOUS BUSINESS: PENSIONS-FIRE DEPARTMENT-POLICE DEPARTMENT: Yhe City Clerk reported to the Council that Ordinance No. 14550, adopted on the 5th day of September, 1961, providing for certain changes in the Police Znd Fire Pension System under Title Ill Chapter 2 of the City Code, does not provide for a revision of Section 6 of said Chapter for a $55.O0 minimum pension for widows under the system, as recommended by the Council committee, and presented an Ordinance approved by the CAtI Attorney which will carry out the reconnendation of the committee in this matter. Mr. Wheeler noted to refer the matter to a committee composed of Messrs. Baiter L. Young, Chairman, Charles M. Cornell and Benton O. Dillard for study and recommendation, Yhe notion was seconded by Mr. Young and adopted, There being no further business, the Council adjourned. APPROVED President COUNCIL. REGULAR MEETING. Monday. November 13, 1961. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, November 13, lqbl, at 2:00 o°clock, p. m., the regular meeting hour, with the President, Mr. Andersoe, presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler, Young, and the President, Mr. Anderson .............. T. ABSENT: None ......................O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. IN¥OCAYION: The meetleg was opened with a prayer by Mr. Eo W. Smith, Clerk, Montgomery Presbytery. MINUTES: Copy of the minutes of the regular meeting held on November 6, 1961, having been furnished each member of the Council, upon motion of Mr. Mbeeler, seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SEWERS AND STORM DRAINS: Mr. 0. D. Merricks. 3105 Oaklawn Avenue, N, W. appeared before the Council and stated that some years ago the city drilled a drainage shaft in front of his property and subsequently installed a storm drain lateral and catch basin from the said drainage shaft to another low area approxi- mately 550 feet to the west of his home; that the water from the area to the west, which includes drainage from the area to the north and the Crossroads Shopping Center at Hershberger Road and Williamson Road, N. 0., is drained to the well in front of his property and overtaxes the capacity of the well, resulting in heavy accumulation of storm water which overflows his property and that of his neighbors causing damage, Mr. Merricks suggesting that the Council sink another drainage well in the low area to the west, where the catch basin is now located, and relieve him and his neighbors from the flooding condition. During a discussion of the matter. Mr. Webber pointed out that the storm drain constructed from Williamson Road and Hershberger Road, N. W., to the east should take care of the drainage from that area, thus preventing it from coming into Mr. Merricks*s area, and moved to refer the matter to the City Manager for study, including changes in the inlets to the storm drain recently constructed, in an attempt to solve the problem, and report. The motion was seconded by Mr. Wheeler and adopted. LICENSES: Messrs. W. Jackson Shepherd, Robert L. Lynn and W. Bolling Izard~ representing Roanoke Merchants Association, Downtown Roanoke. Incorporated. and the Roanoke Chamber of Commerce, appeared before the Council, advising that .62 Roaaoke°s license tax on retail merchants of $55,00, plus $,55 on each $100,00 of gross sales, is the highest Jn the state and nearly double that of the average of Vlrglnla*s tmenty largest cities, placing merchants in Roanoke at a disadvantage which they consider discriminatory, and requesting that the Council take prompt steps to insure a fair and equitable distribution of the city's tax burden among all citizens, such action to include the reduction of license taxes on retail merchants. Mr. Dillard moved to consider the matter along with the 1962 budget. The motion was seconded by Dr. Cornell and adopted. pETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a communication from the Norfolk and Western Railway Company. requestin9 that a SO-foot street and a portion of a IR-foot alley located south of Albermarle Avenue, S. E., east of Wheat Street lying mithin the right of way of the Norfolk and Western Railway Company, be vacated, discontinued and closed, and requestin9 the appointment of viewers to view the property and report thereon as required by law. Mr. Pollard moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. Mr. Young not voting. Mr. Nheeler offered the following Resolution appointin9 viewers as requested: (~14610) A RESOLUTION providin9 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 permanently to vacate, discontinue and close a portion of a SO-foot street and a portion of a 12-foot alley located south of Albermarle Avenue in the southeast section of the City of Roanoke, Virginia. (For full text of Resolution, see Resolution Book No. 25. page 152.) Mr. ~heeler 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, and the President, Mr. Anderson ................... 6. NAYS: None .....................O. (Mr. Young not votinR) COMPLAINTS-POLICE DEPARTMENT: The City Clerk presented a communication from Mr. Wayne C. Metcalf, transmitting a copy of a letter sent to the Superinten- dent of Police. complaining of hoodlumism in his neighborhood. Mr. Webber moved to file the communication. The motion was seconded by Mr. Wheeler and adopted. CITIZENS COMMITTEE: The City Clerk submitted a report, advising that The Citizens' Committee for Greater Roanoke has been organized with Mr. Stuart T. Saunders as Chairman, Mr. James L, Trinkle as Vice Chairman, and Mrs. Jean Gill King as Acting Secretary. / Mr. Pollard moved to file the report. The notion was seconded by Dr, Cornell aod adopted, REPORTS OF O~FICERS: BUDGET-JUVENILE DETENTION HOME: The City Manager requested a transfer $325,00 from Medical Expense to Salary, Extra Help in the Detention Home account of the 1961 budget. Mr. Webber moved to concur In the request and offered the following emergency Ordinance: (o14519) AN ORD1NAWCE to amend and reordaio Section ~31, "Juvenile Detention Dome," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 154.) Mr. Webber 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: Mr. Dillard ..............1. BUDGET-WATER DEPARTMENT: The City Manager requested an appropriation of $55.000.00 to Capital Outlay from Revenue and $1,000.00 to the Commercial account in the 1961 budget for the Nater Department and advised that the appropriation is for normal main extensions, services, etc., and for coverage of construction in subdivisions which must be capitalized, and that the additional $1,000.00 for the Commercial account is due to a faulty estimate in submission of the budget. Mr. Mebber moved to concur in the request and offered the following emergency Ordinance: (=14620) AN ORDINANCE to amend and reordain Section =310, "Commercial," and "Non-Operating Expense" of the 1961 Water Fund Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 154.) 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. Wheeler, Young, and thel President, Mr. Anderson ................... NAYS: None .....................O. BUDGET-REFUNDS AND REBATES: The City Manager requested an appropriation of $500.00 to Refunds and Rebates-Taxes and advised that the appropriation is necessary to rebate taxes erroneously paid. Mr. Mheeler moved to concur in the request and offered the following emergency Ordinance: (=14621) AN ORDINANCE to amend and reordain Section =154, "Refunds and Rebates," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 155.) · 63 .64 Mr. Rheeler saved the adoption or the Ordinance. The motion nas seconded by Mr. Young nnd adopted by the following vote: AYES: Messrs. Coraell. Dillard, Pollard, Webber. Wheeler, Young, and the President, Mr. Anderson ............... NAYS: None .....................O. BUDGET-RECREATION DEPARTMENT: The City Manager requested a transfer of $2,200.00 from Repairs in the Recreation Department account to Departmental Equipment and Improvements in the lqbl budget, to provide for improvements to the heating system in the Villa Heights Community Center, Dr. Cornell moved to concur in the request and offered the following emergency Ordinance: (=14522) AN ORDINANCE to amend and reordaln Section =110, #Recreation Department** and Section ~144, #Departmental Equipment and Improvements,# of the 1951 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 155.) Dr. Cornell moved the adoption Of the Ordinance. The motion 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. DELINQUENT TAX DEPARTMENT: The City Manager requested that the Council authorize the sale of five parcels of land under the lien for taxes thereon. Mr. Webber moved to direct the City Attorney to prepare an Ordinance providing for the authority as requested. The motion ~as seconded by Mr. Wheeler and adopted. RECREATION D£pARYMENT: Yhe City Manager reported that he has investigat~ the request of the National Smart Set for a swimming pool and a recreational build- lng in the northuest section of the city and advised that there are no funds avail- able for this purpose at the present time, the City Manager recommending that the Council consider the request along with its 1962 budget. Mr. Dillard moved to concur in the recommendation of the City Manager. The motion was seconded by Mr. Wheeler and adopted. STREETS AND ALLEYS: The City Manager reported that he has investigated the request of Mrs. Eva D. WoolMine that a nail be built around her property at 1019 Sherwood Avenue, S. W., and that he cannot recommend compliance with the request. Mr. Dillard moved to lay the matter over until the next regular meeting of the Council and to direct the City Clerk to advise Mrs. Woolwine that the matte will be considered at that time. The motion was seconded by Mr. Webber and adopted. TAXES: The City Manager advised that, in order to meet the additional debt service charges during the 1952 calendar year, it will be necessary to raise the tax rate from $2.B4 to $2.94, and recommended adoption of an Ordinance providing therefor. Mr. Dillard moved to lay the matter over until the next regular meeting of tbe Co3Pcil and to direct the City Auditor to report the number of bonds and the amount of interest thereon to be paid during the next year and advise the Council the method of computing the tax rate. The notion naa seconded by Dr. Cornell and adopted. The City Auditor stated that, in order for the tax tickets on real estatel! to be printed and prepared on time, it will he necessary that the printer be advise of the tax rate at the earliest possible date; that he has available with him the information requested by Mr. Dillard; that the amount of bond principal due in the year 1962 is $$41,O00.00. the interest thereon being $326,641.25. making o total of debt service charges for bonds issued under the Charter provision for increasing the tax rate for payment thereof in the amount of $867.C41.R~; and that computing the tax rate on the basis of the present assessed values produces an increase in taxes required during 1962 of .4409¢ which alum9 with the basic rate of $2.50 amounts to $2.9409. Hr. Rheeler moved to rescind the previous motion. The notion was second-I ed by Mr. Young and adopted, Dr. Cornell voting no. Hr. Wheeler then offered the following Ordinance: (~14623) AN ORDINANCE amending and reordainin9 Sec. I of Chapter 1, Title YI, of Yhe Code of the City of Ronnoke. 1956, as heretofore amended, by establishing the rate of and levying a tax, for the 1962 tax year and annually thereafter until otherwise provided, upon all taxable real estate and upon certain tangible personal property segregated and classified for purposes of local taxation by the laws of the Commonwealth of Virginia. RHEREAS, in order to raise annually a port of such sums ~ money as are necessary for the purposes of the City, it is deemed expedient to levy and impose the tax hereinafter provided; and WHEREAS, a forty-four cent increase in the $2.50 tax rate provided for in Sec. 2. subsection (1), of the City Charter upon the classes of property hereinaft~ provided is necessary to provide for the payment of the principal and interest on outstanding nonrevenue bonds of the City, issued as approved by the votes Of the freeholders of the City. THEREFORE. DE IT ORDAINED by the Council of the City of Roanoke that Sec. I Of Chapter 1. Title VI, of The Code of the City of Roanoke, 1956. as heretofore amended, 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 realt~ and personalty. Pursuant to section 2, subsection (!), and section 47 of the Charter of the City, and pursuant to the provisions of the general law, and in order 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 "65 pensions to Confederate soldiers, sailors and marines and their widows, for school purposes and for other municipal expenses and purposes, there shall be levied for the 1962 tax year. and annually thereafter until otherwise provided. a tax to be assessed at the rate of $2.94 on every one hundred dollars of the assessed value of the folloming, namely: (a) Upon all real estate and improvements thereon not expressly exempt from taxation; (b) Upon all tangible personal property classified in section 5B-B29 of the 1950 Code of Virginia, as amended; (c) Upon all household goods and personal effects classified by section 58-fl29.1 of the 1950 Code of Virginia, as amended; (d) Upon all boats and watercraft classified by section 58-829.2 of the 1950 Code of Virginia, as amended; (e) Upon all vehicles mithoot motive power classified in section 5B-029.3 Of the 1950 Code of Virginia, as amended; (f) Upon all machinery and tools used in manufacturing and mining businesses, as classified in section 58-412 of the 1950 Code of Virginia. as amende (g) Upon all tangible personal property of public service corporations. except rolling stock of corporations operating railroads by steam, as provided in section 5B-dl2 of the 1950 Code of Virginia.* as amended; (h) Upon all tangible personal property leased to any agency Of the federal government, as provided in section 50-BaL. I of the 1950 Code of Virginia, as amended; (i) Upon all tangible personal property leased from any agency of the federal government, as provided in section SB-flal.2 Of the 1950 Code of Virginia, as amended; and (j) Upon all other taxable tangible personal property in the City segregated for local taxation by section 58-9 of the 1950 Code of Virginia. Mr. Wheeler moved the Ordinance on its first reading. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ......................................... 5. NAYS: Messrs, Cornell and Dillard ..... 2. BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted an estimate Of the budgetary requirements for public welfare for the state fiscal years euding June 30, 1963, and June 30, 1964, as required by the Code of Virginia. and recommended that the Council approve the same by Resolution. the City Manager advising that there is no commitment on the part Of the city to expend the funds outlined therein. Mr. Webber moved to concur in the recommendation and offered the following Resolution: ('14624) A RESOLUTION tentatively approvla9 the biennial estimates of anticipated melfnre needs of the City of Roanoke and tentatively indicating the extent to ubich said City mill participate ia the financing of the costs of the same, (For full text of Resolution, see Resolution Rook No. 25. page 156.) Mr. Webber moved the adoption of the Resolution. 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 ........... T. NAYS: None ..................... O. REPORTS OF COMMITTEES: LICENSES: The Council at its meeting of November 6, 19bl, having referred to a committee composed of Messrs. Arthur S. O~ens. Chairman, Randolph G. Whittle and Harry R. Yates for study and recommendation a request of National Theatre Corporation for a refund of the second half of its 19bi license taxes. amounting to $173.23, the committee submitted its report, recommendin9 denial of the request. Mr. Wheeler moved to concur in the report of the committee and deny the request. The motion was seconded by Mr. Dillard and adopted. AIRPORT: The Council at its meetin9 of October 2, 1961, having referred to the Airport Committee for study and recommendation a request of Hertz Corpor- ation for certain facilities at Roanoke Municipal Airport in connection with its operations, the committee submitted its report, advising that negotiations with Hertz Corporation are still going on and that a later report will be submitted. Mr. Webber moved to file the report. The notion was seconded by Mr. Wheeler and adopted. The Airport Committee reported that it has been advised by F. A. A. that installation of radar facilities at the Municipal Airport has been delayed until November, 1963, and that the Committee is greatly concerned over this. the Airport Committee recommending that the City Manager be directed to immediately determine the status of the proposed radar installation for Roanoke*s Municipal Airport and attempt to advance the installation date if possible. Mr. Webber moved to concur in Ge report of the Committee and so instruct the City Manager. The motion was seconded by Mr. Wheeler and adopted. The Airport Committee reported that there is need for a service center to he established adjacent to Building No. I to improve the service at the Munici- pal Airport and recommended that such a center be established as quickly as possible. The City Manager advised that he can accomplish establishment of this center from funds presently available, estimating the cost at between $400.00 and $500,00. ~67 '68 Mr, Mebber moved to concur Jo the recommendation of the Committee and instruct the City Manager to install the center ns recommended. The motion was seconded by Mr. Mheeler and adopted, UNFINISHED BUSIHESS: STREET LIGHTS: The recommendation of the City Manager for lighting improvements on Colonial Avenue, S. W., having been laid over from the previous meeting of the Council, the matter was again before the body, After some discussion, Dr. Cam,Il moved to instruct the City Manager to make a resurvey and submit his recommendation to the Council for installation of eleven street lights on Colonial Avenue, S. M., between Brandon Avenue and Minding Ray Road, rather than the thirty-six lights contained in his original proposal. The motion was seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BI. GET-AIRPORT: Ordinance No. 14613, to amend and reordain Section ;144, #Departmental Equipment and Improvements," of the 1961 Appropriation Ordinance, 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: (~14613) 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. 250 page ISl.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Ressrs. Pollard, Webber, Wheeler and Young .....................4. NAYS: Messrs. Cornell, Dillard, and the President, Mr. Anderson ...... AIRPORT: Ordinance No. 14617, to amend and reordain Sec. 19 'Sale of gasoline and oi1,' of Chapter 5o 'Airport.' of Title ¥III. 'Public Buildings and Property.' of The Code of the City of Roanoke, 1956, having previously been before the Council for its first reading, read and laid over, was again before the body, Rr. Webber offering the following for its second reading and final adoption: (gldGl?) AN ORDINANCE to amend and reordatn Sec. 19. *Sale of gasoline and oil.' of Chapter S. 'Airport.' of Title ¥III. *Public Buildings and Property.' of The Code of the City of Roanoke, 1956. (For full text of Ordinance, see Ordinance Book No. 25, page 152.) Rr. Webber moved the adoption of the Ordinance. The motion was seconded by Rro Wheeler and adopted by the following vote: AYES: Ressrs. Pollard, Webber, Wheeler, Young, and the President. Mr. Anderson ...................................... NAYS: Messrs. Corm,Il and Dillard ...... PENSIONS-FIRE DEPARTMENT-pOLICE DEPARTMENT: Mr. Young moved to again lay over for one week a proposed Ordinance to amend and reordain Section 6. *Nidous* 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, 1q56, since his committee bas not been able to study the matter and submit its report. The motion mas seconded by Hr. Dillard and adopted. MOTIONS A~D MISCELLANEOUS BUSINESS: NONE. There bein9 no further business, the Council adjourned. APPROVED '' --~l~erk President ~'69 :70 · COUNCIL, REGBLAR MEETING, Monday, November 20, lg61, The Council of the City of Roonohe met in regnlar meeting in the Council Chauher in the Municipal Bnilding, Honday, November 20, 1961, at 2:00 o'clock, p, m,. the regular meeting hour. uith the President, Mr, Anderson, presiding, PRESENT: Hessrs, Corn*Il. Dillard, Pollard, Webber, Wheeler, Young, end the President. MF, Anderson ................. 7. AI~ENT: None .....................O, OFFICERS PRESENT: Mr. Arthur $, Owens, City Wanager, Mr, Randolph G. Rhittle, City Attorney. Mr. Barry R. Vat,s, City Auditor, and Wr, Jo R,left Thomas City Cl~rk. INVOCATION: The meeting was opened with a prayer by the Reverend Roy Smith. Retired Presbyterian Minister. MINUYES: Copy of the minutes of the regular meeting held on ~ovember 13. lg61. having been furnished each member of the Council. upon motion of gr. Wheeler. seconded by Wr. Pollard and adopted, the reading was dispensed with and the minutes approved as recorded. UEARING OF CITIZENS UPON PUBLIC MATTERS: SYREEYS AND ALLEYS: The Council at its previous meeting having laid until its next regular meeting a report of the City Manager. recommending denial of the request of Mrs. Eva B. Woolwine that a wall be built along the side of her property at lOlg Sherwood Avenue. S, W,, in order for Mrs, Woolwiue to be heard, Mrs, ~oolwine appeared before the Council and stated that in construction of improvements to the intersection of Sherwood Avenue, Nain Street and Brandon Avenue, So W,, the alley along the side of her property was regraded, resulting in a difference of approximately four feet in the grade of the alley and her property at its intersection with Sherwood Avenue and leaving an unsightly con- dition; that the bank is of shale and erodes, depositing rocks on the.alley, which creates a hazard; and that in her opinion, the city should correct this condition. In answer to a question from Mr. Young. Mrs. Woolmine stated that if her property can be sloped and sodded, resulting in elimination of the condition complained of. it sill be satisfactory to her. Dr. Corn,Il moved to direct the City Manager to study the matter and report to the Council the estimated cost of constructing a wall along the side of Mrs. ~oolwine's property and of sloping the property and sodding it. The motion was seconded by Mr. Dillard and adopted. pETITIONS AND COMMUNICATIONS: NONE, REPORTS OF OFFICERS: STREET LIGHTS: The City Wanager requested that the Council authorize the installation of two street lights in the city. Mr. Young moved to concur in the recommendation and offered the followin~ Resolution: (~14625) A RESOLO!ION authorizing the installation of one 2500 lumen overhend incandescent street light at the corner of Spring Hollom Avenue and #endows Street, N. #.. and in the middle of the 3200 block of Avenbum Avenue, S. I., respectively. (For full text of Resolution, see Resolution 0oak No. 2S, page 150.) Nra Young saved the ndoption of the Resolution. The motion was seconded by Mr. Rheeler and adopted by the folloming vote: AYES: Messrs. CoFnell. Dillard, Pollard, lebber, ~heeler. Young. and the president. Mr. Anderson ..................... ?. NAYS: None ...........................O. OODOET-ANNEXAT10N: The City Manager requested an appropriation of $9.$~0.07 to pay the accounts of My. Richard Y. Edwards. In the amount of $2.464.40; ~oodrum and Gregory. in the amount of $2,509.55; Mr. R. O. Whittle, in the amount of $1.50; and Mr. Samuel D. Williams. in the amount of $4,604.62. in connection with the annexation proceedings. Mr. Webber moved to concur in the request and offered the following emergency Ordinance: (~14626) 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. 25, page 150.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr, Rheeler and adopted by the following vote: AYES: Messrs. Pollard, Webber, Wheeler, Young. and the President. Mr. Anderson ........................................ 5. NAYS: Messrs. Cornell and Dillard ....2. DONAYIONS-SYREETS AND ALLEYS-SIDENALK, CURB A~D GUTTER: The City Manager reported that he has received additional offers to convey to the city parcels of land needed for the widening of gabry Avenue, ~. E., and recommended that the Council authorize acceptance thereof. Mr. Dillard moved to concur in the recommendation and offered the follow- ing emerIency Ordinance: (=14627) AN ORDINANCE accepting the offers of certain property o~ners to donate and convey to the City portions of certain properties situate on Mabry avenue, 5. E** on certain terms and conditions, to be later used for the widening of Mabry Avenue; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 159.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded!i by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ................... NAYS: None ......................... 72 REPORTS OF COMMITTEES: C 1T¥ CHARTER: The Council having appointed a Charter Study Commission, pursuant to Resolution No. 14461, for the purpose of studying the Clti Charter and suggesting amendments, deletions and alterations thereto, the Commission submitted its report, advising that after numerous sessions, hearings, etc., it has reached the follouing conclusions: CIT¥ FINANCES The City needs additional revenue in order to provide the minimum services to keep Roanoke a healthy, thriving and prosperous City. The Commission Js not aware of any means ~hereby a substantial reduction in existing expenses can be effected and is of the opinion that the City must find no.~a minimum of $2 million dollars additional revenue annually in order to meet existin9 commitments and for the City to grow and prosper. In lgS~ the citizens by referendum voted a bond issue of Sb million dollars for new school construction. As a result of this building program, we now have our new Patrick Henry and Nilllam Fleming lligh Schools and B new elementary schools, as well as additions to 2 junior high schools. Because of this expanding school program, operating costs have necessarily risen immensely. Important as adequate school facilities are, essential municipal services must be provided. Police and fire protec- tion, garbage collections, repair of streets now in critical condition which may be ruined by further delay, building of badly needed streets and bridges - and for matching State and Federal funds which are available for certain capital ieprove- ments if the City can provide its fractional share, solution of the drainage problems - especially in the downto~n and Rilliamson Road area, are some of these services which the City simply must provide, We are advised that historically the cost of operating public schools has been provided by localities by taxes on real and personal property and we believe that the public ordinarily considers revenue from these taxes as the primary source of income for public schools. Paragraph (1) of Section 2 of the City Charter deals with and limits the power of the City to raise money by taxes, This paragraph now excepts from the tax rate limit the principal and interest of certain non-revenue bonds, such as the SH million school bond issue which was voted In 19SH. The Commission recommends that a further exception be made by amending this paragraph by adding at the end of the first sentence thereof, the following: Wand except for providing for the cost of operating the public schools% The Commission further recommends: (1) That the Charter be amended to provide for a Budget Committee consisting of the Rayor as chairman, the City Manager, the City Auditor, and four freehold citizens (who shall be neither City Councilmen nor City employees) appointed by the Rayor, subject to the approval of the majority of Council. This will require amendments to Sections 33 and 34 Of the Charter; and also Paragraph (f) of Section 21 should be deleted. (2) The Budget Commission to have the responsibility of presenting a balanced annual budget to the Council. The Budget Commission in preparing the budget and the Council in adopting it, to allocate all revenues other than taxes on real and personal property to the general operatin9 expenses of the City, and thereafter levy On real and personal property only such tax as is necessary to balance this part Of the budget; and thereafter Council to levy such additional tax on real and personal prop- erty as may be necessary to provide the city's share of the funds required to operate the public schools. (3) In order that the public maT be better Informed as to the expenditure of the tax dollar, appropriations made bT the Council shonld be segregated uhereby in the budget and on the real and personal property tax tlchets, the cost of general cltT operations will be shomn separate from the cost of opera- ting the public schools, ELECTION OF THE MAYOR Ten members of the Commission prefer that the mayor be elected for a four-Tear term by the voters at large and that he FUn for the office, The commission recommends that Sections 4, 5 and 17 of the Charter be amended to accomplish this, This recommendation can be effected in the councilmanic election of 1962, provided the charter amendment is submitted to the General Assembly as emergency legislation, Four members of the Commission prefer that the mayor serve a two*year term, as at present, and that the councilman receiv- ing the largest number of rotes atthe most recent councilmanic election be given the privilege of being mayor if he so desires. No change has been recommended in the basic relationship that exists at present between the Council, the Mayor and the City Manager, COMPENSATION OF THE MAYOR AND COUNCIL The Commission feels that the present salary of the mayor is inadequate because of the heavy demands upon his time, In view of the recommendation for the election of a mayor and the additional duties and responsibilities that are imposed upon him as chairman of the proposed budget commission, it is the opinion of this Commission that the compensation of the mayor should be increased. It is likewise the opinion of the Commission that. taking into consideration the many demands upon the members of Council and the great amount of their time which is consumed in the performance of their official duties, the salary of Council members should also be increased. VICE MAYOR The Commission is of the opinion and accordingly recommends that the member of Council receiving the largest number of votes in the election at which the mayor is elected shall be the vice- mayor of the Council. The Commission, therefore, recommends that Section 6 of the Charter be amended to provide that the mayor shall receive a salary of $7500 per year and that members of Council shall receive a salary of $2400 per year. Four members of the Commission, being of the opinion that the mayor should not run separately but be chosen on the basis of the councilman receiving the largest number of votes, feel that the mayor should receive considerably more salary than the councilmen but that a salary of $7500 for the mayor would be disproportionately high. APPOINTMENT OF DEPARTMENT UEADS As heretofore stated in this report, this Commission suggests no change in the basic council-manager form of government under which the City operates. Ne recognize the fact that the appoint- ment of department beads by the City Manager is an essential feature of the council-manager form of government, but it is the opinion Of the Commission that, in order that ~e government be brought closer to the elected representatives of the people, the appointment of department heads by the City Manager should be made subject to the confirmation of a majority of the members of Council. The commission, therefore, recommends that Section 7 of the Charter be thus amended. MINOR CHANGES The Commission proposes the follouing Charter changes of a minor nature: That Section 47 (Bond Issues) of the Charter be amended to provide for facsimile siunatures on City bonds; and 73 That the presiding officer or the Council be referred to as "mayor' rather than "president'. regardless of the method of his election, and that the "vice-presidentu be referred to as 'vice- mayor', This recommendation mill require minor changes in numerous sections of the Charter. PUBLIC HEARING The Commission further recommends that. if the Council approves any or all of these recommendations, a pnbltc hearing be held as required by the general lam Jn order that the citizens of the City may be given the opportunity of being heard on the matter of amending the City Charter. Hr, Webber moved to receive the report for consideration by the Council. The motion was seconded by Mr. Dillard and adopted. Mr. Webber then offered the following Resolution setting a public hearing: (~1462U) A RESOLUTION callin9 a public hearing at which citizens may express their views concerning the recommendations of the Roanoke Charter Study Commission as contained ia said Commission*s report of November 17,1961. (For full text of Resolution. see Resolution Boob No. 25, page 160.) Rr, Webber moved the adoption of the Resolution. The motion was seconded by mr. Dillard and adopted by the foil.win9 vote: AYES: messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Rt. Anderson ..................... ?. NAYS: None ........................... O. Mr. Webber then offered the following Resolution expressing Council*s appreciation to the Charter Study Commission: (~14629) A RESOLUTION expressing this Council's appreciation to the Roanoke Charter Study Commission for its services culminating in its recommended Charter amendments as contained in its written report of November 17. 1961. (For full text of Resolution. see Resolution Book No. 25. page 161.) Mr. Webber moved the adoption of the Resolution. The motion was sac,tidal by Dr. Cornell and adopted by the following vote: AYF~: Messrs. Cornell. Dillard. Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson ..................... 7. NAYS: None ........................... O. Mr. Webber then moved to direct the City Clerk to invite the members of the Charter Study Commission to attend the public hearing. The motion was seconded by Mr. Wheeler and adopted. UNFINISUEU BUSINESS: ZONING: The Council at its meeting of September 5, 1961, having referred to the City Planning Commission for study and recommendation a request of Mrs. Mary B. Malone that her property located on the southwest corner of Melrose Avenue and Twenty-ninth Street, N. W,, designated as Lots 23 and 24, and part of Lot 22, Block 2, Horton Place. Official Tax No, 2420101, be res. ned from General Residence District to Business District, the City Planning Commission submitted its report, advising that because of its proximity to Forest Park School and the residential character of the neighborhood, it will be undesirable to rezone the property in question to business, and recommending that the request be denied. The City Clerk advised that he has been unable to contact Mrs. Malone to determine whether or not she desires a public hearing. Mr. Dillard moved to lay the matter over until the City Clerk can determine ubether or not Mrs. Halone desires a public hearing in the matter. The motion was seconded by DF. Cornell and adopted. ZONING: The Council at its meeting of October 2, 1961, having referred to the City Plannln9 Commission for study and recommendation a request of Hr, C. Gordon Hunter that his property located on the southerly side of Melrose Avenue, N, N** 132065 feet westerly from Thirtieth Street, designated as Lots O and 9, fl, £, Roberts Map, Official Tax Nos. 2530233 and 2550234, be rezoned from General Residence District to Business District, the City Plannln9 Commission submitted its report, advisin9 that Mr. Ilunter requested rezoning of his property in order to permit a post office to be built thereon; that the general character of the neighborhood where it is built up is residential; that the property in question faces Melrose Avenue, N, W., which, by its nature, is a high-speed traffic zone; that because of the existing median strip access for traffic from the downtown Roanohe area is not possible except by difficult circumnavigation of the median strip; that the property is not suitable for a branch post office and a more suitable location can be found, the City Planning Commission recommending that the request be denied. The City Clerk advised that the petitioner desires a public hearing. Mr, Wheeler moved to set a public hearing in the matter for 2:00 o'clock. p. m., December lO, 1961. and to direct the Attorney for the petitioner tn 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. Dillard and adopted. ZONING: The Council at its meeting of November 6, 1961, having referred to the City Planning Commission for study and recommendation a request of Messrs. C. B, and W. B. Houck that their property located on the east side of Colonial Avenue, 5. M.. 10107 feet south of Drandon Avenue, designated as Lo~ 6, 7 and b, Block 4, Colonial Heights. Official Tax Nos. 1271306, 1271507 and 1271308. be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, advising that the property in question is more suitable for commercial use than any other and the detrimental effect on the adjacent residential property will be only minor, and recommending that the requesti be granted. Mr. Mheeler moved to set a public hearing in the matter for 2:00 o'clock, p. m., December 10. 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 7.6 to the City Clerh for publication. The motion mas seconded by Mr, Dillard nad adopted. ZONING: The Council at its meeting of November 60 1961. having referred to the City Planning Commission fo~ study and recommendation n request of Mrs, Mary Ifoward Profflt, et al.. that their property located on the northmest corner of Patterson Avenue and Seventh Street. S. M., designated as Lot 35, Taylor Map. Official Tax No. 1112317, be rezoned from Business District to Light Industrial District, the City Planning Commission submitted its report, advising that because of the specific nature of the particular area it concludes that the proposed usage will be compatible and recommending that the request be granted, Mr. Rheeler moved to set a public hearing in the matter for 2:00 p, m., December ID, 1961, and to direct the Attorney for the petitioners to prepar~ 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, Dillard 3nd adopted. STREETS AND ALLEYS: The Council at its meeting of November 6. 1961. having referred to the City Planning Commission for study and recommendation a request of Mrs. Mary lzard Adams, et al., that an alley between Stephenson Avenue and Longview Avenue, So W.. extending from Twenty-seventh Street to T~enty-eighth Street, be vacated, discontinued and closed, the City Planning Commission sub- mitted its report, advising that the alley in question is only partially opened and because of the topography of the land cannot be negotiated by service vehicles that the alley is not needed as such; and that the closing will be beneficial to the development of the properties in this particular block, and recommending that the request be granted, the city retaining an easement which may be necessary for existing public utilities. Mr. Wheeler moved to set a public hearing in the matter for 2:00 o'clock p. me, December 10, 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° Dillard and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TAXES: Ordinance No. 14623, amending and reordaining Sec. I of Chapter 1, Title VI, of The Code of the City of Roanoke, 1956. as heretofore amended, by establishing the rate of and levying a tax, for the 1962 tax year and annually thereafter until otherwise provided, upon all taxable real estate and upon certain tangible personal property segregated and classified for purposes of local taxation by the laws of the Commonwealth of Virginia, having previously been before the Council for its first reading, read and laid over. was again before the body. Mr. ~heeler offering the follouing for its second reading and final adoption: (a14623) AN ORDINANCE unending and reo~dainlng See. I of Chapter 1, Title VI, of The Code of the City of Roanoke, 1956, as heretofore amended, by establishing the rate of and levying a tax, for the 1962 tax lear and annually thereafter until otheruise provided, upon all taxable real estate and upon certain tangible personal property segregated and classified for purposes of local taxatJon!i by the laws of the Commonwealth of Virginia. (For full text of Ordinance, see Ordinance Book No, 25, page 157,) Br. Wheeler moved the adoption of the Ordinance. The motion was secondedil by Mr. Young and adopted by the follouing vote: AVES: Bessrs, Pollard, Webber. Wheeler, Young, and the President. Mr, Anderson ........................................... 5, : NAYS: Messrs. Cornell and Dillard .......2, D£LINOUENT TAX DEPARTMENT: The Council at its meeting of November 13. 1961, having directed the preparation of an Ordinance providin9 for the sale of five pieces of property for collection of delinquent taxes and assessments thereon, Mr. Pollard offered the following Resolution: (~14630) A RESOLUTION authorizing and directing the City Attorney to cause suits in equity to be instituted and conducted for the purpose of enforcing the City's lien for delinquent taxes and other assessments against certain proper- ties standing in the name of the respective record owners thereof. (For full text of Resolution, see Resolution Book No. 25, page 162.) Br. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following rote: AYES: Messrs. Cornell. Dillard, Pollard, Webber, Wheeler, Young, and the President, Br. Anderson ........................ NAYS: None ..............................O. STREET5 AND ALLEYS: The Council having previously received from the City Planning Commission a recommendation that it accept the proposal of the Norfolk and Western Railway Company, submitted on July 17, 1961, to exchange certain of its property for property owned by the City of Roanoke, and the matter having been laid over pendin9 an Ordinance closing certain streets and alleys through the r property in question becoming effective. Mr. Pollard offered the following Ordinance: (=14631) AN ORDINANCE authorizing the acceptance of an offer of Norfolk and Western Railway Company to exchange certain property owned by it for certain properties owned by the City of Roanoke in the vicinity of Jackson Avenue, $. W., and 17th Street, S, W. WHEREAS, Norfolk and Western Railway Company has offered in writing under date of July 13. lq61, to convey unto the City of Roanoke a triangular parcel of real estate containing approximately 0.13 acre in exchange for two triangular parcels of real estate, one containing approximately o.og acre and the other, 0.04 acre; the three parcels being described by metes and bounds in the ordaining clause of this ordinance; and -78 WHEREAS, the exchange of said properties has been approved and recowmende to this Council by the School Roard and by the City Planning Commission, in which recommendations 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 convey unto the Norfolk and Restera Railway Company, by deed containing coovenants of special warranty of title and upon form approved by the City Attorney and General Cousel of the Norfolk and Nestern Railway Company, those certain lots or parcels of land lying and being in the City of Roanoke.and described as follows, viz.: PARCEL NO. 1 BEGINNING at a point in the center line of the first alley (vacated) north of Nestview Avenue, formerly Earnest Avenue, as shown off map of Rorer*s Heirs, City Engineer No. 1675, the dividing line between land of the Norfolk and Western Railway Company and Welford tlurt Park of the City of Ronnohe. said point being 193,27 feet distant S, 62° 32* 30u Eo, as sea- sured along said center line from its intersection mith the eastern line of 17th Street (vacated), formerly 15th Street; thence by a line through Wel- ford Butt Park N. bO° 57* 30* W. 161.55 feet to a point in said dividing line; thence uith said dividing line as follows: N, 27° 27' 30# E, 51,04 feet to a point in the center line of said alley; thence with said center line S, 62° 32' 30" E, 153.27 feet to the point of BEGINNING, and containing 0,09 of an acre, more or less. PARCEL NO. 2. BEGINNING at a point in the dividing line between land of the Norfolk and Western Railway Company and Welford Iturt Park of the City of Roanoke, said point being 41,42 feet distant N, 69° 20' W,, as measured along said dividing line from its inter- section with the western line of 16th Street (vacated), as shown on map of Ro Jo Hright Addition, City Engineer No, 204B, recorded in the Clerk's Office of Hustings Court Of the City of Roanoke, Virginia, in Deed Book 417, page 92; thence by a line through Welford lturt Park S. B3° 15' W, §8,42 feet to a point in said dividing line; thence with said dividing line as follows: N, 20° 32* E, 40,53 feet to a point; thence S. 69° 2B* E, 78.5H feet to the point of BEGINNING, and containing 0.04 of an acre, sore or less, and to deliver the same to the City Attorney who, in turn, shall deliver said deed unto the Norfolk and Western Railway Company upon delivery to him by said Railway Company a proper deed, in form acceptable to said City Attorney, conveyin9 to the City that certain lot or parcel of land lying and being in the City of Roanoke and described as follows, viz,: BEGINNING at a-point in the center line of the first alley (vacated) north of Westvtew Avenue, formerly Earnest Avenue, as shown on map of Rorer*s Heirs, City Engineer No. 1675, the dividing line between land of the Norfolk and Western Railway Company and Welford Hurt Park of the City of Roanoke, said point being 193,27 feet distant S, 62° 32' 30u E,, as measured along said center line from its intersection with the eastern line of l?th Street (vacated), formerly 15th Street, thence by a line through said land of the Railway Company N. B3o 15' E. 145.38 feet to a point in said dividing line; thence with said dividing line as follows: S. 20° 32' W. 41.50 feet to a point; thence S, 11° 21' 06# W, 42,18 feet to a point.in the center line of said ~ley at ~e eastern terminus thereof; thence with said center line N. 62° 32* 30u W, 137,0 feet to the point of BEGINNING, and containing 0o13 of an acre, more or less. Upon the exchange of deeds as herein contemplated, the City Attorney shall cause the deed delivered unto the City to be admitted to record In the Clerk's Office of the Hustings Court for the City of Roanoke, Ylrginia, #r. Pollard ooved the Ordinance on its first rending. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: #essrs. Cornell, Dillard, Pollard, Mebber, Nheeler, and the President, Mr. Anderson ....................... NAYS: None .........................Oo (Mr, Young not voting) PENSIONS-FIRE DEPARTMENT-POLICE DEPARTMENT: The Council at its previous meeting having laid over until its next regular meeting, pending receipt Of a report from its pension committee, an Ordinance to increase the minimum of pensions~ paid to widows under the Police and Fire Pension System, Mr. Young offered the following emergency Ordinance, advising that the committee composed of himself as Chairman. Benton O. Dillard and Charles R. Cornell determined that the Ordinance is needed to implement its report submitted to the Council on September 5, 1951: (314632) AN ORDINANCE to amend and reordain Section 6. 'Widows* of Chapter 2. 'Police and Fire Pensions Prior to January !, 1946' of Title Ill, *Pensions and Retirement* of The Code of the City of Roanoke, 1956: and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 25, page 163.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, ~ebber. Wheeler, Young. and the President, Mr. Anderson ................... NAYS: None .........................O. CITx EMPLOYEES: Mr. Dillard stated that since the Council is engaged in a study of the 1962 proposed budget and it is necessary to hold down expenses until the Council can determine its fiscal policy for the next year, he ielieves that no personnel should be employed to fill vacancies occurring for the next few months, and offered the following Resolution: ~A RESOLUTION declaring it to he the sense of the Council of the City of Roanoke that no existing or occurring vacancies in city personnel be filled without prior con- sent of this Council. WHEREAS, this Council is presently engaged in a study of the proposed budget for 1962, and it appears that the city's financial condition is such as to require drastic action in order that the said budget be balanced. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that It is the sense Of this body that no existing or occurring vacancies in city personnel be filled without the prior consent of this Council, BE IT FURTItER RESOLVED that this Resolution shall be In force until the 1st day Of March, 1962, on which date it shall expire.* Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and lost by the following vote: =79 8O AYE:S: Messes, Cornell, Dillard, amd the President, Mr, Anderson ....... 3, RAYS: Messes, Pollard, Webber, ~heeler, and Young .....................4, MOTIONS AND MISCELLANROBS BUSINESS: CITY £WPLOYEES: Mr. Dillard presented a petition from employees of the Sanitation Department of the city, eequestiog consideration be given to granting them a raise along with other employees of the city. Mr. Webber moved to consider the petition along mith the 196~ budget. The motion was seconded by Mr. Young and adopted, SEWERS AND STORM DRAINS: The City Clerh presented a Resolution of the Board of Supervisors of Roanoke County, asking that the Council reconsider eight requests it has previously submitted for amendments to the contract Of September 2~, 1954, between the city and the county, dealing mith the treatment of domestic and commercial wastes, which requests have been either denied or on which no action has been taken, the Board assuring the Council that in the event of annexation to the city of any or all the said areas and the city assuming the obligation of sewerifl9 such annexed area. the sewage systems constructed therein or hereafter constructed in said area~% with funds supplied by developers or institutions and conveyed to the Roanoke County Sanitation Authority without charg~ to the Authority, or with contracts providing for reimbursement from connection fees. in whole or in part, and not built by the Authority with its funds, nor by the County School Board, will become the property of the city with- out any payment to the said Authority therefor, but will be subject to the rights of such developers and institutions to reimbursement in whole or in part as provided for in their respective contracts with the Authority, the Resolution stating that this assurance applies only to the areas under consideration and nothing therein contained shall otherwise affect in any way the annexation case between the City of Roanoke, the County of Roanoke and the Roanoke County Sanita- tion Authority now pending in the Supreme Court of Appeals of Virginia and that neither the county nor the Authority waives the benefit of any provisions of the statutes of Virginia in any case hereafter brought, save and except as set out Jn the Resolution. Mr. Young moved to refer the county's Resolution to a committee composed Of Messrs. Roy L. Webber. Chairman, Walter L. Young, Arthur S. Owens and Randolph Whittle for study and recommendation. The motion was seconded by Mr. hheeler and adopted. There being no further business, the Council adjourned. APPROVED. COUNCIL, REGULAR MEETING, Monday, November 27, 1961. The Council of the City of Roanoke met in regular meeting la the Council Chamber in the Municipal Building. Monday. November 27. Ig61. ut 2:00 o'clock. p. m.. the regular meeting hour. with the President. Mr. Anderson. presiding. PRESENT: Messrr. Cornell. Dillard, Pollard. Mebber. Rheeler. Young. and the President. Mr. Anderson .............. ABSENT: None ......................O. OFFICERS PRESENT: Mr. Harry R. Yates. Acting City Manager and City Auditor. Mr. Randolph G. Whittle. City Attorney. and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meetin9 was opened with a prayer by the Reverend Riley J.~ Stewart. Pastor. East End Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on November 20. Iq61, having been furnished each member of the Council, upon motion of Mr. Mheeler, seconded by Mr. Youn9 and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearin9 havin9 been set for 2:00 o'clock, p. m.. Monday. November 27. 1961. on the request of Mrs. Jean Martin Glasgow that her property located on the north side of Patterson Avenue. S. W.. between Thirteenth Street and Fourteenth Street. designated as Lot 9. and the eastern 1/2 of Lot i0. Block 6. West End and River View, Official Tax No. 1212713, be rezoned from Special Residence District to Business District, and notice of the hearing having been published in The Roanoke Morld-News on No~ember 10, 1961, and the City Planning was held at ~hich no one appeared in opposition. Mr. Pollard moved to concur in the recommendation of the City Planning Commission and offered the following Ordinance: (~14633) 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 to have the property located on the north side of Patterson Avenue. S. W.. between Thirteenth Street and Fourteenth Street. designated as Lot 9. and the eastern 1/2 of Lot 10. Block 6. Mest End and River View. Official Tax No. 1212713. rea,ned from Special Residence District to Business District; and WHEREAS, the-City Planning Commission has recommended that the above parcel of land he'fez,ned from Special Residence District to Business District; and MIIEREAS, notice required by Title IV. Chapter 4, Section da, of The Code of the City of Roanoke. 1956. relating to Zoning. has been published in "The Roanoke Morld=Newa." a newspaper published in the City of Roanoke. for the time required by said section; and '.81 ~HEREAS~ newspaper was held before the Council Building, at which affected area were proposed rezonJng; tbs hearing as provided for in said notice published in said on tbs 2?th day of November, 1961, at 2:00 o'clock, p. m** of the City of Roanohe in the Council Chaaber in the RunJcipal hearing property owners and other interested parties in the given an opportunitF to be beard both for and against the and KBEREAS, this Council. after considering the evidence presented, is of the opinion that the abate parcel of land should be rezoned as requested. TBEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title XY, Chapter 4, Section 1, of The Code of the City of Roanoke. 1956, relating to Zoning+ be amended and reenacted in the following particular and no other, viz. Property located on the north side of Patterson Avenue, S. ~., between Thirteenth Street and Fourteenth Street. designated as Lot 9. and the eastern 1/2 of Lot I0, Block 6. ~est End and River Vie~ designated on Sheet 121 of the Zoning Map as Official Tax No. 1212713, be. and is hereby, changed from Special Residence District to Business 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. ~ebber and adopted by the foliowin9 vote: AYES: Messrs. Cornell. Dillard, Pollard, Webber, Wheeler. Young. and the President, Mr. Anderson ............... NAYS: None ..................... O. PETITXONS AND COMMUNICATIONS: MUNICIPAL COURT: The City Clerk presented a communication from Judge Wilbur J. Austin, Jr., tenderin9 his resignation as a Judge of the Municipal Court. effective midnight. November 30. 1961, by reason of his appointment as Judge of the Juvenile and Domestic Relations Cour~ for the City of Roanoke. Mr. Dillard moved to accept the resignation. The motion was seconded by Dr. Cornell and adopted. SIGNS: The City Clerk presented a communication from Mr. Harley F. Bower and Shell Oil Company. requesting that permission be granted for erection of a sign in front of Mr. Bower*s property at 3151Willianson Road. N. E.. in the area between the sidewalk and the property line. and advising that if permis- sion is 9ranted the petitioners will remove the sign at any future date when so required by the city. gr. Dillard moved to direct the City Attorney to prepare a Resolution granting the permit requested and to refer the request to the City Ranager for study and recommendation. The motion was seconded by Mr. Rabbet and adopted. CITY PROPERTY-STREETS AND ALLEYS: The City Clerk presented a request of Dr. Howard D. Sackett that the city convey to him a triangular strip of land owned by the city and not used. said strip lying between Dr. Sackett*s property, designated as Lots 13. 14 and 15. Block 5, Corbieshau Map, lying on the north side of Brambleton Avenue, S. ~., at Red Rock Road, and the street. Dr. Sackett appeared and advised that if nad shem the city needs the property in question for street purposes, it sill be returned to the city without cost. Mr. Mebber moved to refer the request to a committee composed of Messrs. Arthur S. Omens, Chairman, Randolph G. Mhittle and Harry R. Yates for study and recommendation. The motion mas seconded by Mr. Hheeler and adopted. BUDGET-CHAMBER OF COMMERCE-INDUSYRIES: The City Clerk presented a commu- nication from the Roanoke Chamber of Commerce, requesting an appropriation Of $25,000.00 for use Of the Chamber of Commerce in its program of attracting new business and industry to the community. Mr. Stanley A. Talbott, representing the Chamber of Commerce, appeared before the Council and stated that the Chamber is in desperate need of funds to carry On its work and believes that the city should contribute along with business and industry to this important community project. In reply to a question from the Council, Mr. Talbott stated that similar requests have been made to the Council of the Town of Salem and the Board of Super- visors of Roanoke County. which in both instances were denied. Mr. Dillard moved to lay the matter over for consideration along with the 1962 budget. The motion mas seconded by Mr. Pollard and adopted. REPORYS OF OFFICERS: BUDGET-AIRPORT: The City Manager requested an appropriation of $20.000°00 for purchase of gasoline and oil for resale at the Municipal Airport. which is needed for the remainder of the fiscal year. Mr. Dillard moved to concur in the request and offered the following emergency Ordinance: (=14634) AN ORDINANCE to amend and reordain Section ~HH, "Airport." of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 165.) Mr. Dillard mdved 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-PENSIONS: The City Manager requested an appropriation of $100.00 to pay for an Actuarial Study of the employees of the City Sergeant*s office in connection with the State Retirement System, in which the said employees are included. Mr. Young moved to concur in the request and offered the following emergency Ordinance: (U14635) AN ORDINANCE to amend and reordain Section =13, *Retirements," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2S, page 166.) ¸.83 ¸84 Mr. Youog moved the adoption of the Ordinance. The motion was seconded by Mr. Mebber and adopted by~ the follomiag vote: AYES: Messrs. Cornell, Pollard. Mebber, Mhoeler, Young, and the President, Hr. Anderson .................... 6. NAYS: Mr. Dillard ...............1. BUDGET-DEPARTMENT OF PUDLIC MELFARE: The City Manager requested trans- fers in the Nelfare account of the 1961 budget as follows: from Aid to Permanentl and Totally Disabled to Aid to Permanently and Totally Disabled, Medical Vendor Hospitalization, $2.000.00; from Aid to Blind to Aid to Blind, Medical Vendor Hospitalization. $300o00; from Aid to Dependent Children to Aid to Dependent Child rea, Medical Vendor - Hospitalization, $3,000.00. the City Manager advising that these transfers are necessary to meet expenditures in the remainder of t~e year. Mr. Kheeler moved to concur in the request and offered the follouing emergency Ordinance: (~14636) AN ORDINANCE to amend and reordain Section #52, "Public Assistance,# of the 1961 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance. see Ordinance Dook No. 25. page 166.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Or. Cornell and adopted by the following vote: AYES: Nessrs. Cornell. Dillard. Pollard. Webber. Wheeler, Young. and the President, Mr. Anderson ................ NAYS: None ..................~---0. HUDGET-AIRPORT: The City Manager requested that $1.~00.00 be transferred from Supplies in the Airport account to Departmental Equipment and Improvements, Airport. to provide for construction of a service center in connection with Huilding No. I at the Airport as previously authorized. Mr. Nebber moved to concur in the request and offered the following emergency Ordinance: (~116~7) AN ORDINANCE to amend and reordain Section ~EH, *Airport,* and Section #144. "Departmental Equipment and Improvements." of the 1961 Appro- priation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 167.) Mr. Webber moved the adoption Of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell. Pollard, Nebber. Mheeler. Young. and the President, Mr. Anderson .................... 6. NAYS: Ur. Dillard ...............1. CITY JAIL: The City Manager advised that certain changes in the for improvements to the City Jail. between the city and Roanoke Iron and Bridge ~orks. Incorporated, are necessary and presented a list of such alterations, totaling $2.~1Uo00 in cost, the City Manager recommending that they be authorized as a change order to the contract and advising that no appropriation will be needed Mr, Dillard moved to direct the City Attorney to prepare the necessary Resolution amending the contract as requested. The notion mas seconded by Webber and adopted. BUILDING DEPARTMENT: The City Manager presented a recommendation of the Commissioner of Buildings for revision of building permit fees and recommended that it be considered by the Council along.mith the 1962 budget, Mr, Webber moved to concur in the recommendation of the City Manager, motion was seconded by Mr, Dillard and adopted, PLANNING-TRAFFIC: Tbe City Manager requested that the Council adopt a Resolution authorizing execution Of a contract between the City of Roanoke and the Roanoke Valley Regional Planning Commission providing for certain work being per- formed by'the city's Planning Department for the Regional Planning Commission in connection with the regional traffic and transportation plan heretofore authorized, Mr, ~heeler moved to concur in the recommendation and offered the following Resolution: (~1463~) A RESOLUTION authorizing the City Manager to execute and the City Clerk to attest, for and on behalf of the City, a contract between the City of Roanoke and Roanoke Valley Regional Planning Commission, pursuant to which the City covenants and agrees, through its Planninq Depsrtment, to perform certain services to the Roanoke Valley Regional Planning Commission. (For full text of Resolution, see Resolution Book No. 25, page 16~.) Mr. ~heeler moved the adoption of the Resolution, The motion mas seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. ~heeler. Young, and the President, Mr. Anderson ................... 7. NAYS: None .....................O. REFUNDS AND REBATES-SEWERS AND STORM DRAINS: The City Manager submitted a further report on the request of Mr. J. S. Plybon, 506 - 50~ Marshall Avenue, S. W.. that he be refunded $123.00, being a portion of the cost of a sewer connec- tion to his property, advising that a further investigation of the matter disclosed that defective plumbing was found under the house of Mr. Plybon; t~at the house mas not connected directly to the city's sewer as required under the City Code. connection be made directly to the city*s sewer main; that there was a stoppage in the sewer main at Fifth Street and Marshall Avenue, S, ~., which caused sewage to back up in the line to Mr, Plybonts property; that there was no inspection fee or sewer connection charge made against Mr. Plybon, however, it was necessary to construct a lateral from the sewer main to his property at a cost of $123,00 which Mr. Plybon paid; and that after a careful analysis of the matter he can find no instance of negligence on the part of the city and cannot recommend any refund in the matter, 86 Mr. Webber moved to lay the matter over until the newt meeting of the Council. The motion nas seconded by Mr. Wheeler and adopted. SEMERS AND STORM DRAINS: The City Manager reported that he has investi- gated the complaint of #r. W. D. Merrlcks, 3105 Oaklnwn Avenue, N. W.. with reference to a drainage problem Jn front of his hone ehJch is a result of a catch basin approximately 300 feet most of Mr. Merricks* property, which drains to the drainage well in front of his property and also snFface waters draining from the area to the north as faf as Nershberger Road, the City Manager advising that in his opinion there are two methods by mhich the problem can be solved, namely, the sealing of the catch basin to the west of Mr. MeFFicks* property leaving the water standing at this point, or the sinking of a drainage well in the area where the said catch basin is now located. It being the City Manager's opinion that no action should be taken until funds are available to sink the proposed well, Mr. Dillard moved to appropriate $1,600.00 for the purpose of drilling the needed well. The motion was seconded by Dr. Cornell. Mr. Webber offered a substitute motion to consider the matter along with 'the 1962 budget. The substitote motion was seconded by Mr. Wheeler and adopted, Messrs. Cornell and Dillard voting no. REPORTS OF COMMITTEES: NONE. UNFINISilED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 14631. authorizing the acceptance of an offer of Norfolk and Western Railway Company to exchange certain property owned by the RaiIway Company for certain properties owned by the City of Roanoke in the vicinity of Jackson Avenue, S. W., and 17th Street, S. W., 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: (~14631) AN ORDINANCE authorizing the acceptance of an offer of Norfolk and Western Railway Company to exchange certain property owned by it for certain properties Owned by the City of Roanoke in the vicinity of Jackson Avenue, S. and 17th Street, S. (For full text of Ordinance, see Ordinance Book No. 25. page 164.) 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, and the President, Mr. Anderson .................. NAYS: None ....................O. (Mr. Youn9 not voting.) MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-SCHOOLS: The Mayor called attention to the Council that it will be necessary to set an informal session with the School Board for consideration of their 1g62 school budget request. Br. Webber moved to hold an informal meeting uith the School Board at 7:30 o°clock, p. m.. December 6. 1961. in the Council Chamber. The motion was seconded by Mr. ~heeler and adopted. There being no further business, the Council adjourned. APPROVED President '87 COUNCIL, REDULAR H£ETING, Honday, December 4, 1961, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Runicipal Building. Ronday. December 4. 1961. at 2:00 o'cloch, p. m. the regular meeting hour. with the President. Hr. Anderson. presiding. PRESENT: Ressrso Corn,Il. Dillard. Pollard. HebbeF. Nheeler. Young. and the President. Hr. Anderson .................... ?o AHSENY: None ........................ O. OFFICERS pRESENT: Hr. Arthur S. Owens. City Manager. Hr. Randolph U. Nhittle, City Attorney, Hr. Harry R. Yates, City Auditor, and Mr, J, Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Claude McKeei, Pastor, First Assembly of God Church. RI~UYES: Copy of the minutes of the regular meeting held on November 1961, having been furnished each member of the Council, upon motion of Bra Wheeler,! seconded by Mr. Pollard and adopted, the reading nas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATYI~tS: ZONING: A public hearing havin9 been set for 2:00 o'clock, p. m., gonday~ December 4. 1961. on the request of Johnson-Carper Furniture Company, Incorporated.1 that Lots 1, 2 and 3 of the northern half of the Fo L. Warts Subdivision. fronting 3U6 feet on the west side of Bollins Road, N. E., between WeFts Avenue and Pearl Avenue, and extending back a depth of approximately 325 feet, be resound from Special Residence District to Heavy Industrial District, and notice of the hearing having been published in The Roanoke World-News on November 17. 1951. and the City Planning Commission having previously recommended that the request be granted, the hearing was held at which Mr. Everett Peters. 262U Hollins Road, No E., and Norman W. Pearson, 736 Pearl Avenue, N. E., appeared in opposition. ~r. Peters stated that his opposition is based on the fact that Johnson- Carper Furniture Company, Incorporated, intends to request regrading of Wertz Avenue, N. E** along the side Of his property, which will result in elimination of the entrances to his property from Wertz Avenue by reason of its elevation. Mr. Pearson stated that his opposition is based on the fact that John: Carper Furniture Company, Incorporated, intends to have Pearl Avenue, N. E,, regraded, which will leave him and bis neighbors with their properties at a con- siderable elevation above the street and will destroy their properties for residential purposes. Mr. Frank W. Rogers, Sr.. Attorney for the petitioner** appeared before the Council and stated that the petitioner is aware that both complaints are justified; that Johnson-Carper Furniture Company, Incorporated, stands ready to purchase the property of Yr. Pearson and his neighbors on any reasonable basis; that the Conpnny will purchase their properties on the basis of values established by three independent appraisers at any time; that the Company realizes that Hr, Peters' property will be damaged and should be compensated if Wertz Avenue is regraded; that the property for which rezonlng is requested is needed for expansion of the Johnson-Carper Furniture Company, Incorporated, plant; that it is part of a large area used for heavy industry and is no longer suitable for residential purposes ns reported by the City Planning Commission; that at this time the Company is not in a position to state definitely that it will proceed with its plans for expan- sion at this site by reason of the cost involved in grading the land. and consequent= ly does not desire at this time to have its lease of a portion of the property to the city for park purposes cancelled; that if and when it needs the property now used for park purposes for use in connection with plant expansion, it will then cone to the Council and request release thereof. After considerable discussion of the matter, Mr, Youn9 moved to concur in the recommendation of the City Planning Commission and offered the following Ordinance: (~14639) 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 of the Northern half of the F. L, Wertz Subdivision fronting 306 feet on the west side of tlollins Road, N. E** between Wertz and Pearl Avenues and extending back a depth of approximately 325 feet and being designated as part of Lot No. 3140301 of the Official Tax gap of the City of Roanoke Virginia, rezoned from Special Residence District to tleavy Industrial District: and WIIEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from Special Residence District to Oeavy Industrial District; and ~HEREAS, notice required by Title XV, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning. has been published in Roanoke ~orld=Newsu. a newspaper published in the City of Roanoke. for the tine required by said section; and WHEREAS. the hearing as provided for in said notice was held on the 4th day of December, 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 opportunity to be heard bath for and against the proposed rezoning; and NHEREAS, this Council. after considering the evidence presented, is of the opinion that the hereinafter described land should be rezonedo 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, lgS6, relatin9 to Zoning, be amended and reenacted in the following particular and no other, viz,: *89 90 Property located on Lots 1, 2 and 3 of the Northern half of the F, L, Nertz Subdivision fronting 366 feet on the west aide of Hollins Road, N, E,, between Nertz and Pearl Avenues and extending back a depth of approximately 325 feet and being designated on Sheet 314 or the Zoning Map as a part of Official Tax No, 3140301° be, and Is hereby, changed from Special Residence District to Heavy Industrial District and the Zoning Map shall be changed in this respect, Yr. Young moved the Ordinance on its first reading. The motion was seconded by Hr, ~ebber and adopted by the following vote: AYES: ReSSFSo Cornell, Dillard, Pollard, ~ebber, Wheeler, Young, and the President, Wt. Anderson .................... ?, NAYS: None .......................... O, CITIZENS COMWITTEK-IIOUSING-SLRM CLEARANCE: Mr, Stuart T, Saunders, Chairman of The Citizens' Committee for Greater Roanoke, appeared before the Council and reported that his Committee has, after numerous meetings on the sub- ject, concluded that an urban renewal project of substantial size for the central area of the city should be considered; that to determine whether or not such a project is desirable and should be entered into. the Committee recommends that the Council request the City of Roanoke Redevelopment and II*using Authority to tak~ necessary action to secure a feasibility survey for such a project, which includes securing of advance planning funds from the Urban Renewal Administration, and thereafter conduct a feasibility survey, the cost of which will not be chargeable against the city unless it results in an urban renewal project and then will be included in the total cost of the project; that after such a survey is made, the Committee will then further review the matter and make its recommendations to the Council based thereon, Mr, Saunders stating that if such an urban renewal project is entered into, a goodly portion of the cost will be paid by the Federal Govern- ment; and that it can result in much needed improvements in the heart of this city, which uill restore that particular section to profitable use, Mr. Saunders advising that in considering this matter, his Committee has concluded that no such project should be engaged in unless, along with the tearing down of Obsolete structures, there can be a rebuilding program which mill not leave large areas of the central part of the city*s real estate unused. After considerable discussion of the matter, Ur. Webber moved to concur in the recommendation of the Committee and offered the following Resolution: (=14640) A RESOLUTION requesting the City of Roanoke Redevelopment and Housing Authority to apply for Feasibility Survey monies to make studies of the Downtown Area of the City Of Roanoke. (For full text of Resolution, see Resolution Rook No. 25. page 170.) Mr. ~ebber moved the adoption of the Resolution. Yhe notion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Rr. Anderson .................... ?. NAYS: None ..........................O. PETITIO~ AND COR#UNICATIONS: TAXES: The City Clerk presented a communication from the Boards of Directors of the Chamber of Commerce of Roanoke and the Roanoke Area Ranafacturevs Association, advising that they are fully amare of the financial dilemma in uhich the city finds itself and realime that the financial recommendations-contained in the report of the Roanoke Charter Study Commission, if approved, cannot be im- plemented prior to January, 1963. thus leaving a serious financial condition to be faced by the city in the year Ig62; and that because of the deep concern of both Boards, they recommend that the Council either request The Citizens' Committee for Greater Roanoke or an appointed special committee to study the additional revenue needs for lg62 and the sources from which such revenue night cone and make recom- mendations to the Council thereon, After considerable discussion of the matter. Mr. Kebber stated that since the Council has a public hearing on the Charter Study Commission's report set for Tuesday. December 5. Ir61. it might be well to consider this recommendation after that hearing, and moved to lay the matter over until the next regular meeting of the Council. The motion was seconded by Hr. Kheeler. Mr. Dillard offered a substitute motion to refer the matter to The Citizens' Committee for Creater Roanoke for study and recommendation. The substitute motion wa3 seconded by Dr. Cornell and adopted, Messrs. Webber and Wheeler voting no. ALCOHOLIC BEVERAGES: The City Clerk presented a communication from Ur. Kossen Gregory. Attorney for hotel, motel and restaurant interests in the city. requesting that the Council. by Resolution. petition the Virginia Alcoholic Beverage Control Board to change the hours for restricted sale Of wine. beer and other beverages from its present period of 11:00 o'clock, p. m.. to 6:00 o'clock, a. m.; to 12:00 o'clock, midnight, to 6:00 o'clock, a. m.. in order that Roanoke might be placed in the same position as the other major communities in Virginia. Mr. Archi* F. Parrish. Archie's Lobster House. Mr. Kenneth R. Hyde. President of the Roanoke Hotel Association. Mr. John A. Shires. Manager of the Holiday Inn. and Mr. Eo Crafton Warren. Roanoker Restaurant. appeared in support of the request and stated that the present restrictive hours are not conducive to the convention business built up in Roanoke; that out of town people do not under- stand why Roanoke should have restrictions one hour earlier than other cities in the state; and that it is detrimental to their business generally. Mr. Kossen Ct,gory appeared before the Council and stated that the present! hours for restricted sale of alcoholic beverages were established as a general l! rule by the Alcoholic Beverage Control Board; however, the said Doard, under its i! power s. has made forty-one exceptions to the rule in the Commonwealth. all of which il conform to the hours of 12:00 o'clock; midnight, to 6:00 o'clock, a. n.. as re- I! quested by the local businessmen, Mr. Gregory advisin9 that prior to changin9 the hours as requested, the Alcoholic Beverage Control Board must, under law, hold a -:91 .92 public hearing on the question uhich must be advertised fifteen days prior to the date of the said hearing, thus the people of the city mill have an opportunity to interpose any objections they may have. Hr. Webber moved to concur in the request and offered the following Resolution: (~14641) A RESOLUTION recoamending to the Virginia Alcoholic Beverage Control Board an amendment to said Board's regulations relating to the sale and consumption of sine and/or beer. and/or beverages in the City of Roanoke. (For full text of Resolution. see Resolution Book No. 25, page 171.) Hr. Webber moved the adoption of the Resolution. The motion mas seconde~ by Mr, Pollard and adopted by the follouing vote: AVES: Ressrs. Cornell, Dillard, Pollard, Webber, Rheeler, Young, and the President, Mr. Anderson ............... ?. NAYS: None .....................O. SCROOLS: Yhe City Clerk presented a communication from gr. John W. Eure, submitting his resignation as a member of the Roanoke City School Board, effective December 31, 1961. gr. Pollard moved to accept the resignation with regret, Ybe motion was seconded by Mr. Dillard and adopted. SCHOOLS: The City Clerk presented a communication from Dr, L. C. Downing, submitting his resignation as a member of the Roanoke City School Board, effective December 31, 1961. Mr. Wheeler moved to accept the resignation with regret. The motion was seconded by Mr. Young and adopted. SEWERS AND yTORR DRAINS: The City Clerk presented a communication from Mrs. Luther P. Via, 1605 Bluemont Avenue, S. W., complaining of storm waters standing in the street in front of her property after heavy rains, Mr, Wheeler, pointing out that this matter has previously been before the Council from another resident of the area and deferred for consideration along with the 1962 budget, moved to consider the present request along with the 1962 budget. The motion was seconded by Mr. Pollard and adopted. ZONING: The City Clerk presented a petition of Rrs. ~adys H. Martin. requesting that her property designated as Lot 9, Block 3, Colonial Heights, Official Tax No. 12T1209, located on the easterly side of Colonial Avenue, S. be rezoned from General Residence District to Business District, Mr. Rheeler moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Rr, Young and adopted, REPORTS OF OFFICERS: SIGNS: The City ganager reported that he has investigated the request Rr, Harley Fo Bomer and Shell Oil Company for a permit to erect a sign in front of the property at 3151Williamson Road, N, Eo, and that there is no objection from a safety standpoint. Rt. Wheeler moved to eoucur in the request and offered the follo;:ieg Resolution: (a14642) A RESOLUTION granting · permit to Harley F, Bower to install a sign on City property, (For full text of Resolution, see Resolution Dooh Woo 25, page 171,) Mr, Wheeler moved the adoption of the Resolution. The motion ~as sec- onded by Mr, Dillard and adopted by the following rote: AYES: Nessrso Cornell. Dillard. Pollard, Webber. Wheeler, Young. and the President, RF. Anderson ................... ?, NAYS: None .........................Oo BUDGET-SE~ER5 AND STORM DRAINS: The City Manager requested an appro- priation of $1.900,00 for drilling of additional drainage wells ia the Williamson Road area and advised that the funds uill be used for drilling of such a well on Averett Street, N. E. Rr, Webber moved to concur in the request and offered the following emergency Ordinance: (=14643) AN ORDINANCE to amend and reordain Section ~141. "Sewer and Drain Construction.' of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 172.) Wt. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ................... NAYS: None .........................O, Rro Webber then moved to direct the City Attorney to prepare a Resolution amending the contract between the City of Roanoke and G. C. Kimberlin and Son for drilling of such wells by adding thereto an additional $1,900.00. The notion was seconded by Mr. Wheeler and adopted. 5YREET LIGHTS: The City Reneger reported that he has re-examined the proposal for erection of additional lights on Colonial Avenue. S. W., from Brandon Avenue to Winding Way Road, and submitted a new recommendation for replacement of eleven 2500 lumen street lights with 6000 lumen street lights in lieu of his previous recommendation. Mr. Wheeler moved to concur in the amended recommendation and offered the followin9 Resolution: (~14644) A RESOLUTION authorizing the replacement of eleven existing 2500 lumen overhead incandescent street lights on Colonial Avenue, S. W.. between Brandon Avenue and Winding Way Road, with 6000 lumen units, and authorizing the relocation of one of said lights. (For full text of Resolution, see Resolution Hook NO. 2S, page ¸93 Mr. Mheeler n,wed the adoption of the Resolution. The notion nas seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber° MheeleFo Young. and the President. Rr. Anderson .................... NAYS: None ..........................O. AIRPORT: The City Manager reported that. pursuant to a directive of the Council at its meeting of November 13. 1961. he has. after further negotiation. received communications from the Honorable Harry F. DyFd. Senior Senator from Virginia, and Mr, #ayne Dendershot, Actin9 Assistant Administrator of the Federal Aviation Agency. advising that the proposed radar installation for the Roanoke Municipal Airport will be installed and commissioned on or before July 1, Mr. Mheeler moved to file the report, The motion was seconded by Mr, Pollard and adopted. STREETS AND ALLEYS: The City Manager reported that, pursuant to instructions of the Council at its meeting of November 13, 1951, he has made a further study of the complaint of MFS, Eva D, Noolwine concerning regFadin9 of an alley along the side of her property, 1019 Sherwood Avenue, S. U.; that during the investigation Mrs. Noolwine agreed to sloping of the bank left alon9 her prop- erty, which work has been accomplished, and that Mrs, Noolwine indicated her satisfaction therewith in a letter dated November 27, 1951. Mr. Dillard moved to concur in the City Manager's report. The motion was seconded by Dr, Cornell and adopted. PURCHASE OF PROPERTY-AIRPORT-STATE lilGR~AYS: The City Manager reported that the Department of Highways of the Commonwealth of Virginia has offered to purchase from the city approximately 1.34 acres of land at the Municipal Airport needed for construction of the Interstate Route 5~1. and recommended acceptance of the said offer. Mr. Nheeler moved to concur in the recommendation and to direct the City Attorney to prepare the necessary Ordinance accepting the offer. The motion was seconded by Mr. Y,un9 and adopted. BUDGET-ANNEXATION: Yhe City Attorney reported that he has been advised by the Clerk of the Supreme Court of Appeals of Virginia that the estimated cost of printing the record in the annexation case appealed to that Court is $7.500.00 and requested that the Council appropriate the necessary funds to pay this cost. the City Attorney advising that this is an estimate only and that the cost may either be lower or higher, in which event it will be necessary to adjust it. Mr. Young moved to concur in the request and offered the following emergency Ordinance: (a14545) AN ORDINANCE to amend and reordain Section ~155, UAnnexation,H of the 1951 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 173,) #r. Young moved the adoption of the Ordinance, The motion mas seconded by Mr. Mbeeler and ndopted by the following rote: AYF.~: Messrs. Pollard, Webber, Mheeler, Young, and the President, Mr. Anderson ....................................... 5. NAYS: Messrs. Cornell and Dillard---2. REPORTS OF COMMITTEES: NONE. BNF IN ISHED BUS INESS: REFUNDS AND REBATES-SEMERS AND STORM DRAINS: The report of the City Manager On the request Of Mr. J. S. Plybon for a refund of $123,00 having been laid over at the previous meeting of the Council, was again before the body, The City Manager advised that after numerous investigations of the matter he is convinced that Mr. Plybon's request is not proper; that the Costs paid by Mr. Plybon to the city were in strict accordance uith the rules and regulations; and that to make an exception in this case will require a complete change in those rules affecting many, many people, the City Manager strongly recommending against any refund to Mr. Plybon. Mr. Dillard moved an emergency appropriation of $123.00 to refund 9123.00 to Mr. J. S. Plybon as requested. The motion was seconded by Dr. Uornell and lost by the following vote: AYES: Messrs. Cornell, Dillard and Pollard ............................. NAYS: Messrs. Webber, Mheeler, Young, and the President, Mr. Anderson--4* Mr. Young moved to deny Mr. Plybon's request. The motion was seconded by Mr. Wheeler and adopted. Messrs. Cornell. Dillard and Pollard voting no. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES A~D RESOLUTIONS: ZONING: Ordinance No. 14633. fez,ming from Special Residence District to Business District property located on the north side of Patterson Avenue. S. between Thirteenth Street and Fourteenth Street. designated as Lot 9. and the east- ern l/Z of Lot 10. Block 6. Nest End and River View. Official Tax No. 1212713. havin9 previously been before the Council for its first reading, read and laid over. was again before the body. Mr. Mheeler offering the f,Il,win9 for its second readin9 and final adoption: (~14633) AN ORDINANCE to amend and reenact Title IV. Chapter 4. Section 1, of The Code of the City of Roanoke, 1955, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 25, page 169.) Mr. Wheeler moved the adoption of the Ordinance. The motion was secondedl by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Mheeler, Young. and the President. Mr. Anderson .................... 7. NAYS: None ..........................O. 96 CITY JAIL: The Council at its meeting of Norember 27, 1961, hurls9 directed the preparetloe of a Resolution approving Chuuge Order No, I to the contract between the City of Roanoke and Roanoke Iron acd Oridge Works, Incorpor- ated, for nlterntious In the City Jail, in the emouet of $2,DI0,00, Nra Youcg offered the followieg Resolution: (~14646) A RESOLUTION approving Change Order No, I to the City's contract dated the 12th day of September, 1961, pith Roanoke Iron G Orldge Rorks, lnc,, for prison type steel work In the City Jail, (For full text of Resolution, see Resolution Book No. 25. page IT4.) Rt. Young Bored the adoption of the Resolution, The motion was seconded by Nr, Rbeeler and adopted by the followin9 rote: AYES: ~essrs. Carnell, Dillard, Pollard, Webber, Rheeler, Young, and the President, Rr, Anderson ................... NAYS: None .........................O. ROYION5 AND RISCELLANEOUS BUSINESS: AIR POLLUTION CONTROL: The City Clerk reported that the terms of Rrso G. Darold Dove and Mr, Robert L, Lynn, Jr., as members of the Advisory and Appeal Board, Air Pollution Control, will expire December 31, 1961. said terms being for four years each. On call from the Chair. ~r. Dillard placed in nomination the names of Rrs. 6. Barold Dove and Rro Robert L. Lynn, Jr., for reelection as members of the Advisory and Appeal Board, Air Pollution Control. Yhere being no further nominations, the Chair declared the nominations closed. grs, G. Harold Dove and gr. Robert Lo Lynn, Jr., were reelected as members of the Advisory and Appeal Board. Air Pollution Control. for terms of four years each beginning January 1, 1962, by the following vote: FOR MRS. DOVE: ~essrs. Cornell, Dillard, Pollard, Rebber. Wheeler, Young, and {he President, Mr. Anderson ............. FOR ~R, LYNN: ~essrs, Cornell, Dillard. Pollard, ~ebber, Rheeler, Young, and the President, Mr, Anderson ............. 7o PLANNING: The City Clerk reported that the term of ~r, Vincent Wheeler an a member of the Roanoke Valley Regional Planning and Economic Develop- ment Commission will expire December 31, lqbl, said term being for three years, On call from the Chair. ~r. Young placed in nomination the name of Mr. Vincent $. Wheeler for reelection as a member of the Roanoke Valley Regional Planning and Economic Development Commission, Yhere being no further nominations, the Chair declared the nominations closed, ~ro Vincent $o Wheeler was reelected as a member of the Roanoke Valley Regional Planning and Economic Development Commission for a term of three years beginning January 1, 1962, by the following vote: FOR Mil. WBR£L~R: gessrs. Cornell, Pollard, Webber, Young and the President. Ir, Anderson ........................ 5. AGAINST MR° RBEELER: ~r, Oillard ....1, (Ir° ~heeler not voting) STADIUM: The City Clerk reported that the terms of Messrs, Earl Fitzpatrick, Rex T. Mitchell, H, L. Lawson. Jr.. E, Marvin Lemon and James M, Satterfleld for tmo years each. and the term of Mr, Robert S. Crab,fee. President, Touchdomn Club, for one year, as membe~of the Stadium Advisory Committee, mill expire December 31. 1961, On call from the Chair. Mr, Dillard placed In nomination the names of Messrs, Earl A, Fitzpatrick. Rex T. Ri.cheil, U. L. Lamson. Jr.. E, Marvin Lemon and James R. Satterfleld for reappointment as members of the Stadium Advisory Committee, and the name of Mr. E. Cabell Brand, incoming President, Touchdown Club, for appointment as a member of the Stadium Advisory Committee, There being no farther nominations, the Chair declared the nominations closed. Messrs. Earl A. Fitzpatrick, Rex T, Mitchell, B. L. Lawson. Jr** E. Marvin Lemon and Janes M. Satterfield ~ere reappointed as mem~ers of the Stadium Advisory Committee for terms of two years each beginning January 1, 1962. and Mr, E, Cabell Brand, President, Touchdown Club, as a member of the Stadium Advisory Committee for a term of one year beginnin9 January 1, 1962, by the follow- in9 vote: FOR MR. FITZPATRICK: Messrs. Cornell, Dillard. Pollard, Webber, Nbeeler, Young, and the President, Mr. Anderson ............. FOR MR. MITCHELL: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President. Mr. Anderson ............. 7. FOR MR. LAWSON: Messrs. Cornell. Dillard, Pollard, Kebber, Wheeler, Young, and the President, Mr. Anderson ............. 7. FOR MR, LEMON: Messrs. Coruell, Dillard, Pollard, Webber, Wheeler, Young, and the President. Mr. Anderson ............. FOR MR. SATTERFIELD: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler.; Young. and the President, Mr. Anderson ............. 7. FOR MR. BRAND: Messrs, Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson ............. 7. There being no further business, the Council adjourned. APPROVED COUNCIL, SPECIAL MEETING. Tuesday, December 5, 1961. The Council of the City of Roanoke met in special meeting in the Council Chamber in the Municipal Building. Tuesday, December S, 1961, at 7:30 o'clock, po m for the purpose of holding a public hearing on the recommendations of the Charter Study Commission, mith the President, Mr. Anderson. presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Nebber, Mheeler, Young, and the President, Mr. Anderson ............... ABSENT: None ...................O. OFFICERS pRESENT: Mr. Arthur ~hittle, City Attorney, Mr. Barry R. Fates, City Auditor, and Mr. J. Robert Thomas City Clerk. CIT¥ CHARTER: Yhe Mayor stated that the meeting is being held pursuant to the provisions of Section !§-6§.3 Of the 1950 Code Of Virginia, as amended, to afford citizens an opportunity to be heard to determine if they desire their Coun- cil to request the General Assembly of Virginia to amend the city's existing Charter so as to include therein all or any of the recommendations made by the Roanoke Charter Study Commission as contained in its written report dated November 17, 1961, and in the public notice of the meeting published in The Roanoke Morld- News on November 24, 1961. Approximately two hundred citizens were in attendance at the meeting. Mr. W. P. Booker, President of the Roanoke Chamber of Commerce, appeared and presented a Resolution of the Board of Directors of the Chamber of Commerce, heartily commending the Council for its action in appointing the Commission and expressing its sincere thanks to the members of the Commission, Rt. Booker advising that the Chamber of Commerce generally supports the recommendations as contained in the Commission's report. Mr. E. R. Vaught. President of the Roanoke Junior Chamber of Commerce. appeared before the Council and presented a Resolution of the Junior Chamber of Commerce. commending the Charter Study Commission for its outstanding service to the city through its review of and proposed changes to the City Charter. Mr. Vaught transmitting a report Of a committee of the Junior Chamber of Commerce agreeing with the recommendations of the Charter Study Commission concerning the finances of the city. except that the Junior Chamber believes that the tax limit imposed in the City Charter should be completely removed; that the budget should be prepared by the City Manager and the Council as presently done; that it favors election of a Mayor by popular vote with the term limited to two years rather than four years as recommended by the Charter Study Commission; that the Mayor*s salary should be established at ~3,000.00 and the remainder of the Council members at $1,950.00 annually: that it is opposed to requiring confirmation by the Council of department heads appointed by the CitI Manager; that it is in favor of facsimile signatures on city bonds, reference to the presiding officer of the Council as Mayor rather than President. and establishing a property records office as recom- mended by the Charter Study Commission; however, it believes that a permanent Doard of Assessors should also be established. Mr, J, ~ilson lngram appeared and presented a Resolution of the Raleigh Court Lions Club, advising that it unanimously recommends that all the changes In the City Charter proposed by the Charter Study Commission be adopted by the Councilll and that the elected representatives from the City of Roanoke to the General Assembly Of Virginia be urged to secure their adoption at the next session Of the Legislature. MFS. Robert M, Ston~, Jr** appeared and presented o communication from the League of Women Voters, advising that it strongly endorses the Charter Study Commission's recommendation Mith reference to separation of the school budget from the city's general operations budget, and separation of the taxes required for general purposes and for school purposes on the tax tickets; that it also approves establishment of a property records office, and commending the Council and the members of the Charter Study Commission for their work in the matter. Mr. II. F. Stoke, 1435 Watts Avenue, N, ~.. appeared before the Council and stated that he heartily endorses the report Of the League of Momen Voters since, in his opinion, taxable values on real estate are very inconsistent within the city. Mr. J. T. Hamrick, 3442 West Ridge Road. S. ~., appeared and stated that Jn his opinion the real estate tax assessments in Roanoke are entirely too low, thus preventing the Council from obtaining sufficient funds to meet requirements of the city, Mr. Hamrick endorsing the Charter Study Commission's recommendations for Charter changes. Mr. George ~. Reed. Jr.. 1640 Persinger Road, S. W.. appeared and stated that he is opposed to any real estate tax increase at all and specifically as recommended by the Charter Study Commission, preferring a sales tax instead. Mr. ~yatt K. Mutts. 2504 Churchill Drive, N. W.. appeared and stated that he is opposed to the Charter Study Commission's recommendation for tax increases. Dr. Harry T. Penn, 923 Madison Avenue, N. N., appeared and stated that he represents n group Of negro citizens and that they are in favor of the recom- mendations of the Charter Study Commission, except that they believe the salary of $7,$00.00 recommended for the Mayor is too high and that the members of the Council should be elected from four quadrants of the city rather than at large. gr. A. Linwood Holton, Jr., 2431 Nottingham Road. S. E., appeared and stated that he is heartily in favor of the changes recommended by the Charter Study Commission, and that he believes the recommendations dealing with finances are necessary to provide growth and improvement in the city's services to match the growth and improvement of business and industry in the community. 100 #r, Janes P, Dart, Jr., a member of the Charter Study Commission, appeared and stated that the Commission*s recommendations for improving the financial condition of the city are soend, and that the city has been subjected to an unrealistic tax limit in its Charter since early in the century and cannot meet its responsibilities because of the general economic changes that have taken place uhich reduce the value of the dollar and raise the cost of all goods, service and wages. Mr, We Preston Leech, 435 Arbutus Avenue, S. E.. appeared before the Council and advised that he is opposed to increase in taxes on hone owners. Mr, [. B, Adams. 3036 Oak Ridge Road, S. ~,, appeared before the Council and stated that he is in favor of and endorses the recommendations made by the Charter Study Commission. The City Clerk presented a communication from Mrs. Mary C. Pickett, 2515 Nottingham Road, S, E,, advising that she supports the recommendations Of the Charter Study Commission for separation of the school and general operating budgets Of the city, but believes that the City Manager and the Council should continue to prepare the city's budget as at present; that she does not agree with the change proposing that the Mayor be elected at lar9e for a term of four years, but that the Mayor should continue to be electedby the Council as at present; however, for a term of one year only; that she Is opposed to increasing the salaries of the Mayor and the Council members and to the requirement that the City Manager's appointment of department heads be approved by the Council. No one else appearing, the Mayor requested all those present who generally approve the recommendations of the Charter Study Commission as contained in its report to stand. Approximately ninety per cent of those present indicated their approval. The Mayor then requested all those who favor the Commission's recom- mendations dealing with city finances to stand. Approximately ninety per cent of those present indicated their approval. The Mayor then requested all those in favor of the recommendations deal- ing with the office of Mayor to stand. Approximately sixty per cent of those present indicated their approval and twenty per cent indicated their disapproval, The Mayor then thanked all those present for attending the meeting and indicating their interest in the city's welfare. There being no further business, the meeting adjourned, APPROVED AIT~ COUNCIL. REGULAR MEETING. Ronday, December 11. 1961. The Council of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Monday, December 11, 1961. at 2:00 ,*clock. p. m.. the reRular meeting hour. with the President, Mr. Anderson, presiding. PRESENT: Yessrs. Cornell. Dillard. Pollard. Mebber, Mheeler, Young, and the President. Mr. Anderson .................. T. ABSENT: None ......................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney. Mr. Harry R. Yates. City Auditor, and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend L. C. Dali. Pastor. Dollins Road Baptist Church. MINUTES: Copies of the minutes of the regular meetin9 held on December d. 1951, and the special meeting held on December 5, 1961, having been furnished each member of the Council. upon motion of gr. Pollard. 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: NONE. REPORTS OF OFFICERS: BUDUET-DEPARTMENT OF PUBLIC WELFARE: The City Manager requested appro- priations as follo~s: $1.OOO.OO to Supplies in the City Physician account; $200.00, to Stationery and Office Supplies in the Public Assistance account; and $1,455.OO to Salary, Physician, $2,1OO.OO to Supplies and $1,5OO.OO to Food Supplies in the City Home account, the City Manager ~dvising that the funds are needed for payment of expenses in the remainder of the calendar year. Mr. Young moved to concur in the request and offered the f, Il,wing emergency Ordinance: (~14647) AN ORDINANCE to amend and reordain certain sections of the 1951 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 176.) Mr. Young moved tLe adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, Wheeler, Young, and the President, Mr. Andersou .............. 7. NAYS: None ....................O. BUDGET-AIRPORT-MATER DEPARTMENT: The City Manager requested an appropria- tion of $5,905.7b for Debt Retirement, and $5,244.90 for Interest on Indebtedness. and advised that the funds are needed for payment of interest and a portion of the principal on a loan from the Water Department Replacement Reserve Fund. and that 101 102 the total is the amount received la rent on the hangar at the Municipal Airport from Piedmont Aviutiont Incorporated. Mr. Mehber moved to concur in the request and offered the foilomlng emergency Ordinance: (x1464R) AN ORRINARCE to amend and reordain Section nl62, 'Redemption of Other Long-Term Debt.' and Section =163. "Interest on Indebtedness," of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 177~) Mr. ~ehber moved the adoption of the Ordinance. The motion mas seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard, Webber. Wheeler, Young. and the President. Mr. Anderson .............. 7. NAYS: None ....................O. Mr. ~ebber then moved to direct the City Attorney to prepare a Resolution providing for repayment to the Mater Department Replacement Reserve Fund on the basis of rental received from Piedmont Aviation, Incorporated. The motion was seconded by Mr. Young and adopted. GASOLINE: The City Manager presented a tabulation of bids received for the purchase of the city's gasoline requirements for the year 1962. showing the bid of Pure Oil Company for the purchase of said requirements as low, and recommended acceptance of that bid. Mr. Wheeler moved to concur in the recommendation and offered the followin Resolution: (~14649) A RESOLUTION accepting the proposal of The Pure Oil Company for furnishing regular and premium grade gasoline to the various City departments for the calendar year 1962; and rejecting all other bids including that of Gulf Oil Corporation, which company's bid was low for furnishing regular gasoline to the City Garage. (For full text of Resolution, see Resolution Book No. 25, page Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following rote: AYES: Messrs. Cornell, Dillard. Pollard. Webber. ~heeler, Young, and the President. Mr. Anderson ............... NAYS: None ....................O. AIRPORT-STATE HIGHMAYS: The City Manager presented a request of Mrs. E. M. Coulter. offering to convey to the City Of Roanoke an 0.066? acre parcel of land for use as a part of the city*s Airport access road in exchange for an 0.0736 acre tract of land owned by the city at the intersection of tho relocated State Route IlO and the abandoned portion of State Route 118 in front of and adjoining Mrs. Coulter's property, the said property to be conveyed by the city subject to certain existing public utility easements and future required public utility easements, the City Manager advising that the city has au need for the property Mrs. Coulter desires to obtain, but does have a need for the property offered by Mrs. Coulter since the Airport access road now encroaches thereon, and recommending that the offer be accepted, il Mr. Mebber moved to Concur in the recommendation and offered the follow- lng Ordinance: · ~I (=146§0) AN ORDINANCE autborizin9 the City's conveyance of a certain il 0.0735 acre parcel of land in the vicinity of the Roanoke Municipal Airport to MFS. Mary Elva Coulter in consideration of Mrs. Mary Elva Coulter*s conveyance to the City Of a certain other 0.0667 acre parcel of land to be used for airport access road purposes. MHEREAS, upon the City's recent relocation of a portion of State Route 115 between the llershberger Road. N. Mo. and State Route 117, and as a result of the closing of a portion of old State Route IIG, the City now owns a certain small parcel of land containing 0.0735 acre, through which said parcel of land the City has heretofore conveyed to Chesapeake and Potomac Telephone Company an easement for certain underground utilities, said 0.0735 acre parcel of land having recently been surveyed and being shorn in detail on Plan No. 4561, prepared by and on file in the office of the City Engineer; and MHEREAS, Mrs. Mary Elva Coulter, owner of a large boundary of land adjoining the aforesaid O.O?ab acre parcel, has offered in writing to acquire said small parcel and, as consideration for the same, has offered to convey to the City a certain 0.0667 acre parcel of land adjoining said City's municipal airport property, over which said small parcel of land a part of the City*s airport access road appears to extend, all of which is shown in detail on Plan No. 4660, prepared by and on file in the office of the City Engineer; and WHEREAS, the City Manager has recommended to the Council that the City approve and accept the proposal of Mrs. Mary Elva Coulter as contained in the gritten offer of Mr. Murray Ko Coulter. her agent, made to the City Manager under date of December 5, 1951. and now on file in the office of the Cit~ Clerk. advising the Council that the City has no further need for its aforesaid 0.0?36 acre parcel of land except for the possible future installation of other or additional under- ground utilities but that the City needs and should acquire from the said Mrs. Coulter the aforesaid 0°066? acre parcel of land for use in connection with its airport access road, in all of which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, upon delivery ~the City of a good and sufficient deed conveying to said City in fee simple that certain 0°0667 acre tract of land abutting the north line of the City*s airport access road and the easterly line of said City*s municipal airport property, as said parcel of land is sho~n on Plan No. 4660 hereinabove mentioned, proper City officials shall, and they are hereby authorized and directed, for and 103. on behalf of the City, to execute, seal. acknowledge and deliver to Mrs, Mary Elva Coulter said City's deed quitclalnlng and/or conveying, as the City Attorney may direct, to the said MFS. Coulter the City's right, title and interest Jo and to that certain 0.0736 acre parcel of land abutting the uesterly line of a portion of State Route II0 as recently relocated, uhich said 0.0736 acre parcel is shown in detail on plan No~ 4661 hereinabove mentioned: said City's conveyance of said land, homever, to be m3de subject to the existing easement of Chesapeake 3nd Potomac Telephone Company therein for certain underground utilities and said deed to reserve to the City a right in itself, to install other and additional public utilities, or to grant to public service companies of Its own choosing the Fight to install other or additional public utilities, underground, through or across said 0.0?36 aero parcel at any time in the future. DE IT FURTHER ORDAINED that the City Attorney prepare, without cost to the City*s offerer, all deeds OF other papers necessary to be executed and used in connection with the above-mentioned transaction. Mr. Webber moved the Ordinance on its first reading. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Wessrs. Cornell, Dillard. Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson .............. NAYS: None ....................O. SEWERS AND STORM DRAINS: The City Manager reported that be has now installed n 24-inch pipe line running east and west on Link Street, N. E.. and enlarged two catch basins in connection with a drainage well. which he hopes will eliminate the storm water condition complained of by residents at the meeting of October 23, 1961, but advised, however, that he cannot bo sure that this uill solve the problem until he has had an opportunity to observe the situation after heavy rains. Mr. Young moved to file the report and to direct the City Manager to submit to the Council a further report of the sufficiency of the drainagesystem after he has had an opportunity to observe it under heavy rain conditions. The motion was seconded by Mr. Wheeler and adopted. REPORTS: The City Manager submitted a report of the Department of Public Welfare for the month of October, 1961, and reported other departmental reports on file in his office. Mr. Wheeler moved to file the report. The motion was seconded by Mr. Pollard and adopted. REPORTS OF COMMITTEES: TAXES: The Council at its meetin9 of December 4, 1961, having referred , to The Citizens' Committee for Greater Roanoke fo~ study and recommendation the question of sources from which to derive sufficient revenue for operation of the municipal government in the year 1962. the Committee submitted its report, advising 105 that it has not had suffic~nt time to make an exhaustive study of this problem, but that its Steering Committee, after a hurried examination thereof, recommends that the Council consider the folloming sources: A garbage tax. 2. An increase in the existing utilities consumers tax and application of this tax also to water bills. If this is done, ue recommend that Council graduate the tax or fix 3 maximum, SO as not to place the City at a 9renter dis- advantage in securing new industry. 3. Substitute a flat $10.00 rate for City automobile license tags for the present varyin9 scale with $10.00 maximum. that if after imposing taxes of this sort there still exists a substantial deficit, the Council should study the feasibility of increasing the existing tax rates on real and personal property for school purposes, the Committee expressing the hope that sufficient tax changes can be made before the end of the year to enable the city to operate without a deficit. Mr, Webber moved to consider the report along with the 1962 budget. The motion was seconded by Mr. Pollard and adopted. UNFINISHED BUSINESS: STREETS AND ALLEYS: The Council at its meeting of November 13. 1961, having referred to the City Planning Commission for study and recommendation a request of the Norfolk and Western Railway Company that a 50-foot Street and a portion of a 12-foot alley located south of Albermarle Avenue. S. E.. east of Wheat Street. be vacated, discontinued and closed, and =t the same time hnvin9 appointed viewers to view the same and report thereon in accordance with the provisions of law. the City Planning Commission submitted its report, advisin9 that the street and alley in question are portions of the right of way of the Norfolk and Western Railway Company and have never been used as public ways and recommending that the Council grant the request. A report of the viewers was submitted, advising that after viewing the street and alley in question they are unanimously of the opinion that no incon- venience sill result either to any individual or to the public from vacating. discontinuing and closing the street and alley in question. Mr. Wheeler moved to set a public bearing in the matter for 2:00 o'clock, p. m., January ~, 1962, and to direct the Attorney for the petitioner to prepare the proper notice thereof. ~ave it approved by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Pollard and adopted. STREETS AND ALLEYS: The Council at its meeting of October 30, 1961, hav- ing referred to the City Planning Commission for study and recommendation a request of Mr. Gerald T. Campbell. et ux.. that Old Meadow Lane and Old Edgehill Road, in tde Garden City area. be vacated, discontinued and closed, the City Planning Commission submitted its report, advising that the streets in question have never been opened or used as public ways; that all of the adjacent properties are now 106 accessible from other ezlstiag public ntt.ets; and that no future need for the streets in question is evident, and recoamending that the request he granted. Hr. Wheeler moved to set a public hearin~ in the matter for 2:00 o'clock, p. m., January D. 1q62, and to direct the Attorney for the petitioners to prepare the proper notice thereof, huve it approved by the City Attorney and present it to the City Clerk for publication. The motion mas seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INYROOUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 1463q, rezoning from Special Residence District to Heavy Industrial District Lots i, 2 and 3 of the northern half of the F. L. WeFts Subdivision fronting 30b feet on the west side of UollJn$ Road. N. E.. between Wefts and Pearl Avenues. having previously been before the Council for its first reading, read and laid over. was again before the body. Mr. Young off,Fin9 the followin9 for its second reading and final adoption: (=14639) AN ORDINANCE to amend and reenact Title XV. Chapter 4. Section 1. of The Code of the City of Roanoke. 1956. in relation to Zonin9. (For full text of Ordinance. see Ordinance Book No. 25. page 175.) Mr. Youn9 moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the followin9 vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber. Wheeler. Young, and the President, Mr. Anderson ............... NAYS: None .....................O. SEWERS AND STORM DRAINS: The Council at its meeting of December 4, 1961, having directed the preparation of a Resolution amending the contract between the City of Roanoke and G. C. Kimberlin and Son for drilling of drainage wells. Dr. Cornell offered the following Resolution: (#14651) A RESOLUTION extending the contract of August 15, 1961, between O. C. Kimberlin ~ Son and the City of Roanoke for drilling drainage wells at various locations in the Williamson Road area. (For full text of Resolution, see Resolution Book No. 25. page 176.) Dr. Cornell moved the adoption of the Resolution. The motion was second- 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. MOTIONS AND MISCELLANEOUS BUSINESS: LICENSES: Dr. Cornell moved to direct the City Manager to submit to the Council at its next regular meeting a list of businesses operating in the City of Roanoke that are not paying n Business or Professional License Tax, showing the reason therefor. The motion was seconded by Mr. Dillard and adopted, Mr. Webber voting no. 107 The City Anditor suggested that, in this connection, the Council eliminate provisions for payment of licenses by fortune tellers Jo two parts and in lieu thereof require the payment of such licenses in a lump sum at the beginning of the taxable year. Mr. Young moved to refer the matter to the City Attorney for advice as to the legality of such revision. Yhe motion Was seconded by Mr. Wheeler and adopted. There being no further business, the Council adjourned. APPROVED 108 COUNC IL, REGULAR MEETING. Monday, December IB,-1961, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, December 1~, 1961. at 2:00 o'clock, p. m.. the regular meeting hour, uith the President, Mr, Anderson, presiding, PRESENT: Messrs. Cornell. Dillard. Pollard, Mebber, Mheeler. Young, and the President, Mr, Anderson ............... 7. ABSENT: None .......................O, OFFICERS PRKSENY: Mr, Arthur S. Owens. City Manager. RF, Randolph G. Mhittle, City Attorney, Mr. Daffy R. Yates, City Auditor, and Mr. J. Robert Thomas City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend R. Ray Stone. pastor. Waverly Place Baptist Church. MINUTES: Copy of the minutes of the regular me*tin9 held on December Il 1961, havin9 been furnished each member of the Council, upon motion of Rr. J~heeler seconded by ~lr. Pollard and adopted, the reading was dispensed with and the minutes approved as recorded. ttEARING OF CITIZENS UPON PUDLIC MAY~ERS: SYEEE~S AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m., Monday, December 1~, lC/Gl, on the request of Rrm. Mary lzard Adams, et al.. that an alley lying between Stephenson Avenue and Longview Avenue, S. W., extendin from Twenty-seventh Street to Twenty-eighth Street, be vacated, discontinued and closed, and notice of the hearing having been published in The Roanoke I(orld-News on December !, 1961, and the City Planning Commission having previously recommend* that the request be granted, the hearing was held at t~hich no one appeared in opposition. Rt. William G. Anderson, Attorney for the petitioners, appeared before the Council and requested that it concur in the City Planning Commission's recom- mendation. Mr. ~iheeler moved to concur in the recommendation of the City Planning Commission and offered the following Ordinance: (~14652) AN ORDINANCE approving the permanent vacation, discontinuance and closing of a certain undeveloped alley situated in Block 2, Crystal Spring Land Company Map, lying between Stephenson Avenue and Longview Avenue, S. W., and extending from 2?th Street to 2flth Street, S. W., in the City of Roanoke, Virginia, WHEREAS, Mary Izard Adams has heretofore filed her petition before the Council of the City of Roanoke in accordance with law, in which petition she has requested Council to approve the permanent vacation, discontinuance and closing of the hereinafter described alley, agreed to be closed pursuant to the provisions of Sec. 15-766.1 of the Code of Virginia, 1950, as amended; and 109 RHEBEAS, there uss filed mith said petition an agreement in writing dated August 8,.1961, hetmeen #ary Izard Adams; Joe L, Harris and Ilazel Helle Harris; Thelbert R, Capps and Louise P, Capps; Ruby R, Cruise,formerly Ruby H. St.Clalr; Hary F, Shsckelford, formerly Rary Evelyn Fishburn; Lemis A, ~uchols; Grace R. Jamison; Laurence L, Butler and Wans R, Butler; Frances R, Ilancock and Frank H, Hancock; Ration R, Harding and Joseph J. Harding. Jr,; John J, Butler and Jane O, Butler; Gilbert E. Butler and Olive T. Butler; and the lien creditors thereof, said agreement being signed and acknowledged by said parties In accordance with the provisions of Section 15-766.1 and 15-766.2 of the Code of ¥irginia of 1950, as amended, mhich instrument sets forth that the parties thereto are the sole abuttingi property owners to said alley, and in which agreement all parties agree to the permanent vacation, discontinuance and closing of said alley; and WHEREAS, it appears to Council that the said alley has not been used by the public for many years, and is not now open for public use, and that such vacation, discontinuance and closing of said alley 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 map of Crystal Spring Land Company Or any of the public; and WHEREAS, the City Planning Commission has considered the petition of Rary lzard Adams to permanently vacate, discontinue and close said alley and has recommended that the City Council approve the vacation, discontinuance and closing of said alley; and RHEREAS, a public hearing has been held on December IH. 1961, before the Council of the City of Roanoke, at which hearin9 all parties in interest and citizens were afforded an opportunity to be heard on the question; and ~HEREAS, it further appears to Council that the petitioner, Rary Izard Adams, has agreed to hear and defray the costs incident to this proceeding. THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that the permanent vacation, discontinuance and closing of that certain alley situated in Block 2, Crystal Spring Land Company Map, lying between Stephenson Avenue and Longview Avenue, $o W., and extending from 2?th Street to 2§th Street, S. W., in the City of Roanoke, Virginia, as consented to by all owners of property abutting said alley, by written agreement dated August 5, 1961, be. and the same is hereby, approved, and that all right, title and interest of the City of Roanoke and of the public in and to said alley is hereby released insofar as the Council is empowered so to do. the City of Roanohe, home?er, reserving unto itself a perpetual easement in the said alley for sewer lines and water mains and the right of ingress and egress for the maintenance, repair and construction of any property now or hereafteP used for such easement, the said alley being permanently vacated and discontinued by the aforesaid agreement and this ordinance being more particularly described as follows: HEING that certain 12-foot wide and 400-foot lan9 alley situated in Block 2 as shown on the Map of Crystal Spring Land Company, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 1, page 102 and 103. lying between Stephenson Avenue and Longview Avenue, So W., and extending from 27th Street to 2~th Street, S, W., in the City of Roanoke, Virginia. ,218 o portion of Lot 15. Block 5. according to the Nap of Corbieshsu Development Cor- poration, in order that sold land may be incorporated by the city Jato its right of may for Brambleton Avenue, $. M,; and said owners hove tendered to the City their deed of conveyance, executed and acknowledged by said owners, the fora and suffi- ciency of which hove been tentatively approved by the City Attorney. THEREFORE, BE IT ORDAINED by. the Council of the City of Roanohe that sold City doth hereby accept from Howard Dustin Sockett and Doris Lovell Sschett. hus- band and wife, the donation to said City of the following described parcel of land, to-mit: BEGINNING at a point on tbs original north- erly line of Brambleton Avenue. S. W.. for- merly known os Sweetbrier Avenue, 222.16 feet northeasterly from the original northerly corner of Hrsmbleton Avenue and Red Rock Rood; thence, leaving the original northerly line Of Hrombletoa Avenue and with the new northuester- ly line of Drambleton Avenue. Funning parallel to and 35 feet distant from the center line of Dramhleton Avenue, N. SO° 25* E.. 6.11 feet to a point on the northeasterly line of Lot IS; thence, with the same. S. 26° 59* E., 0.76 feet to the original northerly line Of Brambleton Avenue; thence, with the same, S, 57° 40' 5.99 feet to the point of BEGINNING. and Being o small triangular portion of Lot 15, Block 5. as said lot ls sho~n on the Rap of the proper- ty of Corbieshaw Development Corporation, of record in Plat Book 2. page 33. in the Clerk*s Office of the Circuit Court of Roanoke County; and the proper City officials are hereby authorized and directed, for and on behalf of the City. and upon written approval of the City Attorney as to the form and execution thereof, to accept from said donors and to record their deed of conveyance heretofore tendered to the City. conveying to the City. ia fee simple, a good and sufficient title to the parcel of land aforesaid. 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. ZONING: A public hearing having been set for 2:00 o'clock, p. m., Monday, March 12, 1962. on the request of Mr. R. B. Layman that property located on the side of Peters Creeh Road, N. W., at its intersection with and south of Hershberger Road, designated as Official Tax Nos. 2770101. 2770104 and 2770105, be rezoned from Special Residence District to Business District, the matter was before Council. At the request of Mayor Anderson, the City Clerk read the report of the City Planning Commission, recommending that the request for rezoningbe granted. In this connection, Mr. T. L. Plunkett, Jr.. Attorney, representing Mr. Layman, appeared before Council and asked that the property in question be rezoned as requested. No one appearing in opposition to the request, Mr. Wheeler moved that Council concur in the recommendation of the City Planning Commission, and that the following Ordinance be placed on its first reading: 1'/0 BE IT FURTHER ORDAINED that the City Engineer be, and be Is hereby, directed to mark 'Permanently vacated, discontinned and Closed= on the naps and plats on file In the office of the City Engineer of the City of Roanoke, Virginia, wherein said alley nay be shomn, referring to the book and page of the Ordinances and Resolutions of the Council of the City of Roanoke wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court for Roanoke County. Virginia. in mhoae office the aforesaid plat of subdivision is recorded, and to the Clerk of the Hustings Court for the City of Roanoke, Virginia, an attested copy of this ordinance attached to the aforesaid agreement in order that said Clerks may record the same In their respective offlce~ and may make proper notation on all maps and plats recorded in their said offices upon which are sho~n the alley, the permanent vacation, discontinuance and closing of which is herein approved, as provided for by law. Mr. Wheeler moved the Ordinance on its first reading. The motion was seconded by Mr. Young and adopted by the follouing vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler. Young, and the President, Mr. Anderson ................... 7. NAYS: None .........................O. ZONING: A public hearing having been set for 2:00 o'clock, p. o., Monday, Oecember 10, 1961, on the request of Messrs, C. B. and W. B. Bouck that their property located on the east side of Colonial Avenue, S. W,, 101.7 feet south of Brandon Avenue, designated as Lots O, 7 and ~. Block 4, Colonial Heights, Official Tax Nos, 1271306. 1271307 and 1271~0U, be rezoned from General Residence District to Business District. and notice of the hearing having been published in The Roanoke World-News on Oecember 1. 1961, and the City Planning Commission having previously recommended that the request be granted, the hearing was held at which no one appeared in opposition. Hr. Frank W, Rogers, Jr** Attorney for the petitioners, appeared before the Council and requested that it concur in the recommendation of the City Plannin! Commission. Hr. Pollard moved to concur in the recommendation of the City Planning Commission and offered the followin9 Ordinance: (n14653) 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 to have Lots 6, 7 and 6, Section 4, Rap of Colonial Heights, Official Tax Nos. 1271306, 1271307 and 1271300, being situated on the east side of Colonial Avenue. S, W., 101.7 feet south of Brandon Avenue, S. W,, rezoned from General Residence District to Business District; and WHEREAS, the City Plannin9 Commission has recommended that the herein- after described land be rezoued from General Residence Histrict to Husiness Dis*rfc and 111 IHKRKAS, notice required by Title X¥, Chapter 4, Section 43, of The Code of the City of Roanoke, 1~56. relating to Zoning, bas been published In 'The Roanoke World-News,u a newspaper published in the City of Roanoke, for the tine required by said section[ and WIJ£R£AS. the hearing as provided for in said notice was held on the Ibth day of December, 1961. at 2:00 o'clock, p. m., before the Council of the City of Roanoke, at uhJch hearing all parties in interest and citizens were given an opportnnity to be heard both for and against the proposed rezoning; and WOEREAS, this Council, after considering the evidence presented, ia of the opinion that the hereinafter described land should be rezoned as requested by the applicant. TREREFORK, 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, 19S6. relating to Zoning, be amended and reenacted in the following particular and no other, viz.? : Property located on the east side of Colonial Avenue. S. h.. !01,7 feet south of Brandon Avenue, S. W.. described as Lots 6, ? and b, Section 4, Uap of Colonial Beights, designated on Sheet 127 of the Zoning Map as Official Tax Nos. 1271306, 1271307 and 127130b, be, and is hereby, changed fron General Residence District to Business District and the Zonin9 Uap shall be changed in this respect, Rt. Pollard moved the Ordinance on its first Feadingo 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. ZONING: A public hearing having been set for 2:00 o'clock, p. n.. Monday. December lO, 1961, on the request of Mrs. Mary lloward Proffit, et al., that their property located on the northwest COrner of Patterson Avenue and Seventh Street, S. N., designated as Lot 35, Taylor Map, Official Tax No. 1112317, be rezoned from Business District to Light Industrial District, and notice of the hearing haying been published in The Roanoke World-News on December 1, 1961, and the City Planning Commission having previously recommended that the request be granted, the hearing was held at which no one appeared in opposition. Rr, A. Linwood Halcon, Jr., Attorney for the petitioners, appeared before the Council and requested that it concur in the recommendation of the City Planning Commission. MHERKAS. the City Planning Commission has recommended thet the herein- after described land be fez,ned from Dusiness District to Light Industrial Dlstric~ and ~HEREAS. notice required by Title X¥. Cbapter 4. Section 43. of The Code of the City of Roanoke. 1956. relating to Zoning. has been published in "The Roanoke Norld-News.' a newspaper published in the City of Roanoke. for the time required by said section; and ~HEREAS. the hearing as provided for in said notice was held on the 16th day of December. 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 were given an opportunity to be heard both for and against the proposed rezonJng; and WHEREAS. this Council. after considering the evidence presented, is of the opinion that the hereinafter described land should be Fez, ned. THEREFORE. B£ IT ORDAINED by the Council of the City of Roanoke that Title XV. Chapter 4. Section I. of The Code of the City of Roanoke. 1956. relating to Zoning. be amended and reenacted in the foil,win9 particular and no other, viz.: Property located on the northwest corner of Patterson Avenue and Seventh Street, S. W.. described as Lot 35. Taylor Map. designated on Sheet 111 of the Zoning Rap as Official Tax Number 1112317, be, and is hereby, changed from Business District to Light Industrial District and the Zoning Map shall be changed in this respect. Rr. Wheeler moved the Ordinance On its first readin9. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Corn,Il. Dillard. Pollard. Webber. Nheeler. Young. and the President. Mr. Anderson ............... NAYS: None .....................O. ZONING: A public hearing having been set for 2:00 ,*clock. p. m.. Monday. December lb. 1961. on the request of Mr. C. Gordon Hunter that his property located on the southerly side of Melrose Avenue. N. Wo. 132.65 feet westerly from Thirtieth Street. designated as Lots ~ and 9. H. E. Roberts Map. Official Tax Nos. 2530233 and 2§30234. be rezoned from General Residence District to Business District. and notice of the hearing having been published in The Roanoke World-News on December l, 19610 and the City Planning Commission having previously recommended that the request be denied, the hearing was held. Mr. B. B. Harden. IOll Lafayette Boulevard. N. W.. appeared before the Council and presented a petition bearing the signatures of 76 residents of the area opposing the requested res,ming. Mr. Harden advising that they are in com- plete agreement with the City Planning Commissions conclusions in the matter. their opposition being based on the following factors: 1. It ia not centrally located, and is on the wron9 aide of the street. 2. It will not be accessible to the greatest majority of the walking traffic in this section, and hazardous to approach on foot. It will require spot zoning In · predominantly and substantial residential section. 4, It will create unneeded traffic hazards on an extreme- ly busy thoroughfare with both of its exits and' entrances onto Helrose Avenue. There are better sites available that are nearer to Lafayette Boulevard, Yv, T, L, Flunhett, Jro, Attorney For the petitioner, appeared before the Council and stated that in his client's opinion the selection OF a site for a Post Office should be made by postal officials; that he does not believe that undue traffic congestion will be created by the Post Office at this point; that the property in question is not mom used for residential purposes and he cannot foresee any circumstance under Mhlch it will be so used; that his client has no other use in mind for the property at this time; and that if rezonlng is granted and the Post Office is not constructed, he will request that it be rezoned to residential property. Dr. Cornell moved to concur in the recommendation of the City Planada9 Commission and deny the request. The motion was seconded by Rt. Dillard and ZONING-PARKS AND PLA¥CROUNDS-I~DUS~RIES: Mr, Frank W. Roger s, Sr., Attorney for Johnson-Carper Furniture Company, Incorporated. appeared before the Council and advised that the Company is now prepared to proceed with expansion of its manufacturing plant adjacent to Ilollins Road. N. E.. on the property recent~ ly rezoned for that purpose, Mr. Rogers requesting that the city provide certain public improvements, including extension of water service for fire protection, at an estimated cost of $20,210.00; installation of fire alarm boxes, at an estimated cost of $3,557.00; improvement of the intersection of Rollins Road and Pearl land for this purpose to be donated by the Company; regrading and paving Wertz Avenue, N, E., installation of curb and gutter; lowering of the existing sewer line in the said Wertz Avenue from Rollins Road to Ridgefield Street, and rounding the intersection of Wertz Avenue and Ridgefield Street, at an estimated cost of $40.000.00. the Company advising that it has purchased all the land on both sides ' of Wertz Avenue, which will eliminate any residual damage to those properties by reason of regrading the street; and that the Company will donate the necessary land for improving the intersection of Wertz Avenue and RJdgefield Street, the Company requesting that since it is now ready to proceed with construction, the Council terminate a lease dated June 1, 1954, under which the Company bas leased a portion[ of the land to the city for park purposes known as Don Jordan Park, which lease requires a sixomonths' termination notice, and advising that if the termination notice provided under the lease is required, there will be a considerable delay in its construction operations, and that it will, at a later date. request the closing of a portion of Wertz Avenue between Ridgefield Street and the Norfolk and!i Western Railway Company's right of way along with an "L# shaped alley extending off of Wertz Avenue and terminating at the said railway. Mr. Webber moved to direct the City Attorney to prepare c Resolution terminctiag the lease on the Don Jordan Path iumedintely as requested by the Company. The motion was seconded by Hr. Dillard and adopted. Mr. Webber them moved to include in the 1962 budget fonds necessary for the public improvements as requested. The motion was seconded by Mr. Dillard and adopted. Mr. Webber then moved to direct the City Manager to investigate the desirability of acquiring approximately nine acres of land lying between Dlue Stone Ay,non and Wilkes Road. N. E.. and to negotiate with property owners for the purchase thereof to be used for a park in lieu of the Don Jordan Pork. The motion was seconded by Mr. Dillard and adopted. Mr. Dillard moved to direct the City Manager to secure bids for the public improvements as requested, to investigate the possibility of receiving state aid for an access road into the plant, and to submit his report thereon to the Council, The motion was seconded by Dr, Cornell and adopted. PETITIONS AND COMMUNICATIONS: BUDGET-SCtlOOLS: The City Clerk presented a communication from Dr. Walter S. Newman, President of Virginia Polytechnic Institute, advising that the operating budget for the Roanoke Technical Institute. as approved by the 1960 session of the General Assembly, for the year 1961-62, amounts to $97,600.00. of which $33,470.00 is to be provided by the City of Roanoke, and that the proposed operating budget for the year 1962-63 calls for the City of Roanoke to provide $30,200.00, and requesting that the Council provide these funds as follows: December, 1961, $16,T35.001 February, 1962, $16,735.00; September, 1962, $15.100.00; and January. 1963. $15.100.00. It being the consensus of the Council that during the early negotiations for a site for the Roanoke Technical Institute, the Council was advised that while a portion of the cost of operating the Technical Institute will hare to be borne by the locality, such cost will be under-written by businesses-and industries in the community and on a pro-rata basis by those areas from which students will be drama to the Institute, Mr. Dillard moved to refer the request to Mr. Young, who is a member of the Advisory Committee of the Roanoke Technical Institute, for study and recommendation. The motion was seconded by Dr. Cornell and adopted, Mr. Young voting no. MUNICIPAL COURT: The City Clerk presented a Resolution of the Roanoke Bar Association, requesting that the Council promptly fill the vacancy now existing on the beach of the Municipal Court. Mr. Dillard moved to file the communication.~ The motion was seconded by Dr. Cornell and adopted. TRAFFIC: The City Clerk presented a communication from Liberty Sales Corporation, odvisin9 that it would like to install on a ninety-day trial basis. at no cost to the city. Traf-O-Teria Fine Boxes for collection of parkin9 meter .115 fines, the installation to include a sufficient number of waterproof fine envelopes printed to the city's specifications, and that if after the trial installation the city decides to keep the boxes, they can be purchased at the price In effect at that time, otherwise they will be removed by the Conpany. Br. Cornell Bayed to refer the request to a committee composed of Wessvs.il Benton O, Dillard, Chairman. Vincent S, Wheeler and Roy R. Pollard, Sr., for study and recommendation. The motion Was seconded by Hr, Dillard and adopted. Pollard voting no. ALCOBOLIC BEVERAGES: The City Clerk presented a communication from the Virginia Alcoholic Beverage Control Board, advising that it has set a public hearing for 2:00 o'clock, p. m., January 4, 1952. in Richmond, upon the Council's request for a change in the hours for sale of wine, beer and beverages. Dr. Cornell moved to file the communication. The motion was Seconded by Mr. Dillard and adopted. BUDGET-COMPENSATION BOARD: The City Clerk presented reports from the State Compensation Board, listing the salaries and expenses tentatively fixed by that Board for the offices of Commonwealth's Attorney, City Sergeant, City Treasurer and Commissioner of the Revenue. Wro Wheeler moved to consider the a~ards along with the Council's study of its 1952 budget. The motion was seconded by Mr. Dillard and adopted. CITIZENS COBR1TTEE-HOUSING-SLUM CLEARANCE: The City Clerk presented a communication from gr. John M. Thompson. commending the Council for its decision to have made a feasibility survey for an Urban Renenal Project in the City of Roanoke and recommending that the.Council permit the City Planning Commission and the Director of Planning to select the firm to.make such a survey. Mr. Dillard moved to file the communication. The motion was seconded by Dr. Cornell and adopted. REPORTS OF OFFICERS: BUDGET-GARBAGE RE~OVAL: The City Manager requested a transfer of $4.000.00 from Inoinerator Repairs in the Refuse Collection account to Depart- mental Equipment and Improvements. to provide for the purchase of a truck and dempster hoist for handling dempster dumpsters in the city, and advised that this equipment is available at this time, having previously been owned by the Viscose Corporation. Mr. Dillard moved to approve the request of the City Manager, the funds for purchase to he included in the 1962 budget. The motion was seconded by Mr. Wheeler and adopted. BUDGET-JUVENILE DETENTION DORE: The City Manager requested a transfer of $341.17 from Medical Expenses to Utilities in the Juvenile Detention Home account, to provide for the purchase of fuel oil. Mr. Young moved to concur in the request and offered the followin9 emergency Ordinance: (s14655) AN ORDINANGE to amend nad reordnJn Section nSl. UJuvenile Detention Dome.' of the 1961 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Dook No. 25, page 1~1.) Mr, Young moved the adoption of the Ordinance, The motion wns seconded by #Fo Mheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Mheeler, Young, and the President. Mr. Anderson ................ 7. NAYS: None ......................O, BUDGET-DEPARYM£NY OF PUBLIC MORES-PARKS AND PLAY6ROUNDS: The City Manager requested an appropriation of $67.50 for engineering supplies in the Engineerin9 Department, to provide for payment of aerial photographs in connection with the proposed spur to Mill Mountain, Mr. Webber moved to concur in the request and offered the following emergency Ordinance: (~146§6) AN ORDINANCE to amend and reordain Sec tion sUO. 'Engineer lng Services.~ of the 1961 Appropriation O~dinance. and providin9 for an emergency. (For full text of Ordinance. see Ordinance Book No. 25. page l~l.} 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. Mheeler. Young. and the President. M,-. Anderson ................ NAYS: None ...................... BUDGET-DEPARTMENT OF PUBLIC WELFARE-STATE HIDBNAYS: The City Manager requested a transfer of $6T0.00 [rom Wages to Rental of Equipment in the account for moving of a cemetery and advised that the funds are needed to pay for equip- ment rented which resulted in considerable savings in removal of the cemetery from the right of way for the Interstate Spur. Mr. Rheeler moved to concur in the request and offered the following emergency Ordinance: (:14657) AN ORDINANCE to amend and reordain Section ~156, "Moving Cemetery.' of the 1961 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book NO. 25. page 162.) Mr. ~heeler moved the adoption of the Ordinance. The notion was seconded by Mr. Young and adopted Uy the following vote: AYES: Messrs. Cornell. Dillard, Pollard. Webber. Wheeler, Young. and the President, Mr. Anderson ................ NAYS: None ...................... AIRPORT: The City Manager requested that the Council authorize award of a contract to Pittsburgh Testing Laboratory in the amount of $2,22U,31 for engineering tests and inspections in connection with Airport Project No. g-44-012-11 at the Municipal Airport, and advised that no appropriation will be needed, 117 Mr, Webber moved to direct the City Attorney to prepare the necessary Resolution, The motion was seconded by Mr, Pollord and adopted. BUDGET-RECREATIOM DEPARTMENT: The City Manager reported that fees in connection mith athletic teams participating In various recreational leagues under the auspices of the Department of Parks and ReCreation have been cancelled, and that the abolitfon of these fees will reduce the city's income by approximately $4,000,00 per annum, Mr. Webber moved to concur in the report, The motion was seconded by Mr. Pollard and adopted. SERERS AND STORM DRAINS: The City Manager reported that on various occasions persons have been placing matter into the city's sewage system which interferes with proper operation of the city's Sewage Treatment Plant and recommended that Sections T and 2, Chapter 7. Title XVII, of The Code of the City of Roanoke, 1956, be amended to increase the penalties in both sections from $10.00 and $20.00. respectively, to $100.00, Mr. Young moved to direct the City Attorney to prepare an Ordinance providing for the amendment requested. The motion was seconded by Dr. Cornell and adopted. SALE OF PROPERTY-AIRPORT-STATE lilGilWAYS: The City Manager reported that in connection with the offer of the State Department of Illghways to purchase cer- tain land owned by the city contiguous to the Municipal Airport for highway right of way, he has reached an agreement with Eugene Bo and Billie B. Bass, lessees of certain land at the Municipal Airport, on which they operate a Mobile Home Court, providing for exchange of other contiguous land for that portion of their lease hold which will be used for right of way purposes. Mr. Young moved to file the report. The motion was seconded by Mr. Mheeler and adopted. LICENSES: Pursuant to a directive of the Council at its meeting of December 11. 19SI, the City Manager presented a list of variaus types of busines:es operated in the city on which there are no license taxes. Mr. Pollard moved to file the report, The motion was seconded by Mr. Young and adopted. STREETS AND ALLEYS: The City Manager reported that he has been unable to reach aa agreement for acquisition of any of the properties needed for widening of Salem Avenue, S. W., on the north side, between First Street and Second Street, and recommended that the Council authorize the making of firm offers for the needed properties and subsequent cocdemnation proceedings if necessary. Mr. Webber moved to direct the City Attorney to prepare an Ordinance carrying out the City Manager's recommendation. The motion mas seconded by Wheeler and adopted, ge ssrs. Cornell and Dillard voting no, Mr. Pollard not ¥oticg. RUDGET-STREETS AND ALLEYS: The City Manager requested an appropriation of $2,065,00, to provide for payment of legal, appraisal and negotiation personnel Jn connection with the uldening of Salem Avenue. S, W** from First Street to Second Street, under Federal Urban Aid Project. Hr, Young moved to concur in the request and offered the follouing emergency Ordinance: (=146S~) AN OaUINANCR to amend and reordain Section ~142, 'Transfer to Improvement Fund,' of the 1961 Appropriation Ordinance, and providing for an (For full text of Ordinance. see Ordinance Book No. 25. page Rr, Young moved the adoption of the Ordinance. The motion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Nessrs. Pollard, Webber. ~heeler. Young. and the President. Br. Anderson ............................................. 5. NAYS: Ressrso Cornell and Dillard ......... BUDGET-AIRPORT-WATER DEPARTRENT: The Council at its meeting of December Ii, 1961, having directed the preparation of a Resolution to provide for payment to the Water Department Replacement Reserve account of rentals receiYed from Piedmont Aviation, Incorporated, on its hangar at the Roanoke Runicipal Airport, the City Attorney reported that Ordinance No, 14321, adopted on the 6th day of February, IgBI, made provision for payment of rents received from Piedmont Aviation, Incorporated, during the original 20-year term of the lease on the hangar at the Runicipal Airport and directed the City Auditor to credit the same to the ~ater Replacement Reserve account, and that consequently no additional action is necessary, Mr. ~ebber moved to file the report. The motion was seconded by Rro ~heeler and adopted. REPORTS OF COR~I~TE£S: SEWERS AND SYORM DRAINS: The Council at its meeting of November 20, 1961, having referred to a committee composed of Ressrs° Roy L° ~ebber, Chairman, ~alter L. Young, Arthur $. Owens and Randolph G° ~hittle for study and recommenda- tion a Resolution of the Board of Supervisors of Roanoke County. with an attached Resolution of the Roanoke County Saoitat~ion Authority. assuring the City of Roanoke that in the event of an annexation to the city Of any Or all of the areas which the County Board of Supervisors previously requested be included in the contract between the City of Roanoke and the County of Roanoke, covering the approval, said sewers will under certain conditions become the property of the City of Roanoke ~tthout any payment to the Roanoke County Sanitation Authority, and requesting that the Council approve inolusion in the aforesaid contract of the eight areas in question, the committee submitted its report, transmitting two letters dated December lB, 1961, and December 19, 1961, respectively, to the Board of Slpervisors of Roanoke County, a Resolution conditionally concurrin9 in 119 the County's request, and a Resolution proposed to be adopted by t~e Roanoke County Board of Supervisors° and recommending that the ConncJl approve and adopt the same, Mr, Mhlttle dissenting in port from the report of the committee, stating that he firmly believes that the Council should sot consider the proposed ResolutIo~ nor direct the City Clerk to transmit the letter dated December lb, 1961. aural the!i Board of Supervisors of Roanoke County bas been requested to and has acted upon the!l suggestions contained In the letter of December 19, 1961, the areas concerned being as follows: a 12,66-acre tract of land lying on the ~est side of State 613. adjacent to Arlington Hills Subdivision. east of Ua S. Route 221, south of the? City. referred to the committee on April 25, 1960; a 16.05-acre tract of land located at the Intersection of State Routes 6L6 and 692, west of the city, referred! to the committee on Ray 23, 1960; a IS.14-acre tract of land designated as Melody Acres Subdivision, Section 1, adJoinin9 State Route 662, southwest of the city, referred to the committee on Jullr Il, 1960; a 25-acre tract of land north of State Route 629, east of State Route 116, referred to the Committee on August b, 1960; a 169.7-acre tract of land designated as the Castle Rock Farms, near Cave Spring, referred to the committee on January 2~, 1961: a 36 l/2-acre tract of land desig- nated as the Edgehill Estate, Section 4, lying south of the city, referred to the Committee on February 27. 1961; and a 2S-acre tract of land lying west of Airport Road. No ~., and north Of Bershberger Road (Crossroads Shopping Center), which request the Council denied at its meeting of 3une 1~o 1960o Mr. Rebber moved to concur io the report of the committee and offered the following Resolutions 1=14659) A RESOLUTION conditionally amending the contract Of September 2b, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment Of domestic nod commercial wastes° (For full text of Resolution. see Resolution Book No. 25, page Mr. Rabbet moved the adoption of the Resolution. The motion was seconded l 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. Young moved to approve the following letter dated December IU, 1961: "The Honorable the Board of Supervisors of Roanoke County. Virginia Salem. Virginia Gentlemen: The Council of the City of Roanoke, at its regular meeting of DeCember l~, 1961, directed me to write you a letter, previ- ously approved by it, reading as follows: The Council for the City of Roanoke referred to its Sewer Committee for study and recommendation two resolutions, one adopted on the l?th day of November, 1961, by the Roanoke County Sanitation Authority and the other adopted on the 20th day of November, 1961, by your Board. Since the named parties to ~e contract of September 2B, 1954, are only the County of Roanoke and the City of Roanoke, the City is not interested in the afore- mentioned resolntion adopted by the Authority. You will recall that, under date of October 3, 1960, after your Board had requested the City to add additional ureas to the contract, the City Clerh mas directed to deliver a letter dressed to the Chairman of your Board In mhlch'the City ondertooh to explain in detail why it was nnmilling to add such additional areas to the contract and included in said l~tter the conditions pursuant to which it mould amend said contract. MhJle it may he stated that your resolution of November 20, 1961, does not strictly comply mith the terms and conditions of the aforesaid letter of October 3, 1960. nevertheless. Council interprets your said reso- lution as intended to be in strict accordance therewith. Accord- ingly, on Monday. December 10, 1961. this Council adopted its Resolution No. 14659 conditionally amending the aforesaid contract between the City and County so as to include in said contract and make a part thereof the seven areas described in your six reno- lutions of February 15. April lB, June 20 and July lB, 1960, and January 16 and February 20, 1961; the condition, with respect to the aforesaid seven areas, being that you fully concur in Council's interpretation of your aforesaid resolution of November 20o 1961. Should you not fully concur in such interpretation, the aforesaid conditional Resolution No. 14659 shall be void and the offers contained in the letter of October 3, 1960. are hereby withdrawn. The City has. at appreciable expense, recently made capital improvements which enable it to sewer directly the 25-acre Skyway Development Corporation (Crossroads Mall) tract. Deuce. your request as contained in your re~olution of Rarch 21, 1960, that the aforesaid contract be amended so as to include that area must be declined. Very truly yours. City Clerk' The motion was seconded by Mr. Webber and adopted. Mr. Young then moved to approve the following letter dated December 1961: "Yhe Honorable the Board of Supervisors of Roanoke County. ¥irginia Salem, Virginia Gentlemen: The Council of the City of Roanoke, at its regular meeting of Becember lb, 19bi. directed me to write you a letter, previ- ously approved by it. reading as folloms: It was a source of surprise and disillusionment to this Council to learn that your autonomous creation, the Roanoke County Sanitation Authority, in view of paragraph ¥il. A, of the contract of September Rb, 1954, between the City and County. claimed ownership independent of Roanoke County of sewerage fa- cilities installed wholly with private funds in areas that might subsequently be annexed to the City upon the Clty*s commencing sewering such areas, For this and other reasons, this Council feels that the manner in which said Authority has administered the contract of September 2~. 1954, as the County*s assignee, has not been acceptable to a majority of its customers and has resulted in needless criticism of both the Board of Snpervisors of the County and the Council of the City, Our Engineering Department estimates that the sewerage facili- ties belonging to the City, including its treatment plant and large interceptor lines, are ten to twelve times as extensive and valu- able as all such facilities used by Roanoke County in fulfilling its obligations pursuant to the contract of September 2B, 1954. Accordingly, it would seem feasible for the City, pursuant to an acceptable agreement with the County, to contract to perform di- rectly all practical sewer services required by the County. With this thought in mind, we snggest that your Board and this Council each appoint promptly a small committee to explore such possibili- ties thoroughly with the end. in view of terminating the services of the aforesaid Authority upon the execution of such contract. Pending such negotiations and the execution of such a new agreement between your Board directly with the City, this Coun- cil respectfully requests that you forthwith adopt the enclosed resolution which would authorize the City, where It is economically feasible, to contract directly with residents, occupants, owners 121 and developers of described County real estate, situated either mithin or outside of resolution areas, for the transportation end treatment of mast,s, of the nature described la the afore- said contract, originating on such defined County real estate; and, upon request by the City, also, agreeing mhere necessary to transport through County sewerage facilities such seuage origi- nating on such described County real estate upon the delivery thereof by the City to the most practical County facility at a transportation charge to the City of five dollars per mile per million May I hear from you, Very truly yours, City Clerk Enclosure" the Resolution referred to in the letter being es follows: "That the City of Roanoke. Virginia. be. and said City is hereby authorized, where, in its judgment, it is economically feasible, to contract directly uith residents, occupants, own- ers, and developers of described lots. parcels or areas of land located Jn the County of Roanoke. situated either mithin or outside of areas included in the contract of September 2b. 1954. for the transportation and treatment of wastes, of the nature described in the aforesaid contract, originating on such defined lots, parcels or areas of land, when requested to do so by the owner, developer, resident or occupant of any such lot, parcel or area of land, upon such terms and conditions as said City shall require of such owner or developer and, also, upon such terms and conditions as said City shall, from time to time. re- ..Ib22 suggesting that rental property be exempt from taxation during periods mhen It is not rented; and a petition hearing 14 signatures approving the recommendations of the Charter Study Commission in general, but opposing the provision to provide for taxes in excess of the present $2,50 limitation in the clty*s Charter, After a general discussion of the Charter Study Commission's recommenda- tions, Mr, Dillard moved to concur in the folloming recommendations of the Charter Study Commission: that Section 47 of the Charter be amended to provide for facsimile signatures and city seal on the city's bonds; that the presiding officer of the Council be referred to as Mayor rather than President; and that the Vice President be referred to as Vice Mayor. The motion was seconded by Dr. Cornell and adapted, Mr. Dillard then moved to concur in the recommendation of the Charter Study Commission that Section ? of the City Charter be amended to provide that the appointment of department heads by the City Manager be made subject to the con- firmation of a majority of the members of the Council. The motion was seconded by Dr. Cornell and adopted, Messrs. Mebber and Mbeeler voting no. Dr. Cornell moved to concur in the recommendation of the Charter Study Commission that Sections 3, 4 and 5 of the City Charter be amended to provide for the election of the Mayor for a four year term by the voters at large from candidates running for that office, to be effective with the 1962 election. The motion was seconded by Mr. Dillard. Mr. Webber moved to amend the motion to provide for the election of the Mayor to be effective with the Councilmanic election of 1964. The motion to amend was seconded by Mr. Young and adopted. Messrs. Cornell. Dillard and the President, Mr. Anderson, voting no. The amended motion was then adopted. Dr. Cornell then moved to amend the Charter to provide that the Council- man elected with the largest vote in the 1962 Councilmanic general election be given the election of becoming Mayor or Vice Mayor. There being no second, the motion was lost. Mr, Dillard then moved to concur in the recommendation of the Charter Study Commission that the Charter be amended to provide for a budget commission consisting of the Mayor as Chairman. the City Manager, the City Auditor, and four freehold citizens who shall be neither City Councilmen nor city employees, appointed by the Mayor subject to approval of the majority of the Council, the budget commission in preparing the budget and the Council in adoptin9 it to allocate all revenues other than taxes on real and personal property to the general operating expense of the city and thereafter levy on real and personal property only such tax as is necessary to balance this part of the budget, and thereafter the Council to levy such additional tax on real and personal property as may be necessary to provide for the city's share of funds required to operate the public schools, the budget as proposed by the budget commission and the budget adopted by the Council to segregate expenditures for school purposes from expenditures for other purposes. The motion was seconded by Mr. Young and adopted, '123 Mr. Dillard then moved that the Council take no action on the recommenda= tlon of tie Charter Study Commission fur increasing the compensation of members of the Council to $2,400.00 per year, but rather leare this matter to the discretion of the representatires from Roanoke in the General Assembly of ¥1rginla, Yhe notion was seconded by Dr, Cumuli and adopted, Rro Rubber voting no. Mr. Dillard then moved to concur in the recommendation of the Charter Study Commission to amend the Charter to proTide n salary for the Mayor at $?.$00o00 per year. Yhere being no second, the motion vas lost. Mr. Young noted to amend the Charter to provide for compensation of $3,600.00 per year for the Mayor. Yhe motion mas seconded by Mr. Mheelero Mr, Dillard offered a substitute motion to amend the Charter to provide for compensation of $4.£00.00 per year for the Mayor° The substitute notion was seconded by Mr. Pollard and lost, Messrs, Cumuli, Rubber, Rheeler and Youn9 voting; no. Mr° Young's notion was then adopted, Dr. Cornell and Mr. Webber voting no. Dr. Cornell then moved to adjourn. The motion was seconded by Mr. Dillard and lost, Messrs. Pollard, Wheeler. Young and the President, Mr. Anderson, voting no, Mr. Young then moved to COncur in the recommendation of the Charter Study Commission that paragraph (1) of Section 2, of the City Charter, be amended by adding at the end of the first sentence thereof the following: "and except for providing for the cost of operatin9 the public schools." After considerable discussion of this question, Mr. Webber moved to carry the matter over and that the Council call a special session for 7:30 o'clock, p. m., Wednesday, December 20. 1961, for further consideration of the Charter Study Commission's report. The motion was seconded by Mr. Wheeler and adopted. At this point, Mr. Dillard left the meeting, ZONING: The Council at its meeting of November 20, 1961, having laid over the request of Mrs, Mary R. Malone that her property located on the southwest corner of Melrose Avenue and Twenty-ninth Street, N. R., Official Tax No. 2420101, be rezoned from General Residence District to Business District, and the City Planning Commission having previously recommended that the request be denied, unt!! the City Clerk could determine whether or not Mrs. Malone desires ~ public hearing, the City Clerk reported that he has been unable to obtain an answer from Municipal Airport to Mrs, Mary Elva Coulter In consideration of Mrs. Mary Elvn Coulter*s conveyance to the City of a certain other 0.0667 acre parcel of laud to be used for airport access road purposes, having previously been before the Council for its first reading, read and laid over, nas again before the body, Mre Pollard offering the following for its second reading and final adoption: (~14650) AN ORDINANCE authorining the City*s conveyance of a certain 0,0736 acre parcel of land In the vicinity of the Roanoke Municipal Airport to Mrs. gary Elva Coulter in consideration of Mrs, Mary Elva Coulter's conveyance to the City of a certain other 0,065? acre parcel of land to be used for airport access road purposes. (For full text of Ordinance, see Ordinance Dook No. 25. page 179.) Mr. Pollard moved the adoption of the Ordinance. The motion uaw seconded by Mr, Webber and adopted by the following vote: AYE.S: Messrs. Corn*Il, Pollard, Mebber, Mheeler, Young, and the President, Mr. Anderson .................... NAYS: None ......................O, (Mr. Dillard absent) SALE OF PROpERTY-AIRPORT-STATE DIGItRAYS: The Council at its meeting of December 4, 1961, having directed the preparation of an Ordinance accepting the offer of the Virginia Department of Highways to purchase a strip of land containing approximately 1.34 acres off the Roanoke Municipal Airport as right of way for the Interstate ilighway Spur 5~1, Hr. Pollard offered the following Ordinance: (=!4660) AN ORDINANCE accepting the offer of the Commonwealth of Virginia to purchase approximately 1.34 acres off Roanoke Municipal Airport for use as right of way for Interstate Highway Spur 5~1. HHEREAS, the Department of Highways of the Commonwealth of Virginia. in keeping with its policy, has had a competent appraisal made of the real estate hereinafter described and, on the basis thereof, has offered the City $2,257,00 in full for land, easement, allowance to construct a fence and any and all damages; and WHEREAS. the City Manage has 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 as follows: 1. That the offer of the Department of Highways of the Coamonwealth of Virginia, as contaiued in its letter of November 21. 1961, to the City Engineer over the signature of O. J. Hurt, Oistrict Right of Hay Engineer, on file in the office of the City Clerk, to pay $2,25?.00 in full for approximately 1.34 acres of real estate off the Roanoke Runtcipal Airport, easement~ allowance to construct fence along relocated Route 626 and any and all residual damages, be, and the aforesaid ~ffer is hereby, accepted; said real estate being described, by metes and bounds, as follows: 125 REGINNING at Polet No. 1. said point being S. 29° 57' 31" E. 25.75 feet from the present northeast corner of the Eageae Bo ned Dillle D. Russ property as recorded in the Clerk's Office of the Circuit Court of Roanoke County, ¥1r- glnia, in Deed Rook 590, page 116, and also being on the dividing line betmeen said Russ property and the Roanoke Municipal (~oodrum) Airport; thence, mith the present southerly right of may line of Virginia State Route No° 117, N. $3o 11' 40u E. 4B3,67 feet to Point No. 2; thence, on a Curve to the right (with a chord bearing and distance of N. S4° 4?' E. 314.16 feet} an arc distance of 314,23 feet to Point No, 3; thence, on a new line through afore- said Airport property, S. 32e 11' E. 74,55 feet to Point No. 4; thence, S. 55o SD* Mo 61.61 feet to Point No° 5; thence, 5. 54o 13' M° 332.01 feet to Point No. 6; thence. 5. 46° 13' M, 91.24 feet to Point No° 7, (said point No, T also being the northeasterly corner of a 20-foot by lO0=foot drainage easement as shown on Plan No. 4677, dated December 13. 1961. on file in the Office of the City Engineer}: thence, S. 69° 42' 30# M, 61.8~ feet to Point No. O; thence, S. 55° 42' 30' ~. 255.61 feet to Point No. 9 on afore- mentioned dividing line between the Bass and Airport properties; thence, with Said dividing line. N. 2g° 57' 31' M. 50.06 feet to Point No. !, the place of BEGINNING, and being a parcel of land Containing 1.34 acres, more or less. as shown on aforementioned Plan No, 4677. 2. That the proper City Officials be, and they are hereby, authorized and directed, for and on behalf of the City of Roanoke, to execute a deed as hereinabove contemplated and as approved by the City Attorney. containing covenants of general warranty, and to deliver the same unto the Commonwealth of Virginia in exchange for the said sum Of $2.257.00. Mr. Pollard moved the Ordinance on its first reading. The motion was seconded by Mr. Nebber and adopted by the followin9 vote: AYES: Messrs, Cornell, Pollard. ~ebber, Nheeler, Young, and the President, ~r. Anderson ........................ b. NAVS: None ..........................O° (~r. Dillard absent) Rt. Pollard then offered the following Resolution authorizing the Department of Highways of the Commonwealth of Virginia to proceed with construc- tion of Interstate llighway Spur 581 over 1.34 acres of real estate located at Roanoke ~uninipal Airport: (:14661) A RESOLUTION authorizing the Department of Highways of the Commenwealth of Virginia to proceed with construction of Interstate Highway Spur 5~1 over 1.34 acres of real estate located at Roanoke ~unicipal Airport. (For full text of Resolution, see Resolution Book No. 25, page Hr. Pollard moved the adoption of the Resolution. The motion was seconde by Mr. ~ebber and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Mebber. Mheeler, Young, and the President. Mr. Anderson ........................ NAYS: None ..........................O° (Mr. Dillard absent) RO?IONS AND MISCELLANEOU~ BUSINESS: NONE, There being no further business, the Council adjourned. APPROVED ........ President COUNCIL, SPECIAL BEET1NO, Wednesday. December 20, 1961, The Council of the City of Roanoke met in special meeting in the Council Chamber in the Wunicipal Building, Wednesday. December 20, 1961, at 7:30 o'clock, p. m., for the purpose of continuing the consideration of the Charter Study CommJsslon*s report, with the President. Mr, Anderson, presiding. PRESENT: Wessrs, Corneli, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............... 7. ADSENT: None ................... OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Wr. Randolph 6. Whittle, City Attorney, Mr. Itavry R. Yate$, City Auditor. and Mr. J. Robert Thomas, City Clerk. CIYY CI~RTER: The Mayor stated that this meetin9 is being held pursuant to action of the Council at its meeting of December 10, 1961, for the purpose of continuing the consideration Of the Charter Study Commission's report; that all recommendations of the Charter Study Commission have been acted upon with the exception of the recommendation to amend paragraph (1), Section 2, of the City Charter, by adding at the end of the first sentence thereof the following words: *and except for providing for the cost of operating the public schools;* and that this proposed amendment will have the effect of permitting an increase above the Charter limitation of $2.50 per $100.00 of funds necessary for operation of the public schools on the basis of the formula contained in the provision for the budget commission as recommended by the Charter Study Commission and previously concurred in by the Council. Mr. Webber stated that a further study of the Commission's recommendation with reference to the budget commission reveals that the Commission's recommenda- tion concerning citizens to be appointed to the budget commission calls for free- hold citizens, and asked Mr. Robert M. Moody, Chairman of the Charter Study Commission, whether it is the intent of the Commission that such freeholders should be qualified voters, to which Mr. Woody replied in the affirmative; whereupo~ Ur. Webber moved to insert in the proposed Charter amendment, approved by the Council at its last meeting, providing for a budget commission, a provision that the four freehold citizens to be appointed thereon be qualified voters The motion was seconded by Mr. Wheeler and adopted. Mr. Young moved to concur in the Charter Study Commission*s recommenda- tion for amendment to paragraph (1), Section 2, of the City Charter, as submitted by the Commission. The motion was seconded by Mr. Wheeler. Mr. W, Jackson Shepherd appeared before the Council and stated that he rep ..... ts the Roa~ok: M~rchants A .... iationl that that A .... iati .... dolses t~e 127 of the City Charter, providing for a change in the limitation placed upon property tnxesi and that he topes the Cooncfl will he able, within a reasooable period of time, to reduce the license taxes on merchants in the city. After considerable discussion of the matter, Mr, Dillard offered a substitute motion that the Council approve an amendment to the City Charter to provide that the Council may raise taxes on real and personal property for general purposes in excess of the $2.50 per $100,00 of valuation limitation presently contained in the City Charter upon the approval of the qualified voters of the city in a referendum called for that purpose. The substitute motion was seconded by Dr, Coraell. Mr, Mebber moved to table the substitute motion. The motion was seconded by Mr. Young and lost, Messrs. Cornell, Dillard, Pollard and the President, Mr. Anderson, voting no. Mr, Dillard's substitute motion was then lost, Messrs, Pollard, Mebber, ~heeler, Young, and the President, Mr. Anderson, voting no, Mr. Young*s original motion was then adopted, Messrs. Cornell and Dillard voting no. Mr, Dillard then moved to reconsider the Council*s previous action in approving a proposed Charter amendment to establish the salary of the Mayor at $3.600,00 per annum. '~he motion was seconded by Mr. Pollard and adopted, Messrs. ~ebber, Wheeler and Young voting no, ; Mr. Dillard then moved to approve a proposed Charter change providing for establishment of the Mayor's salary at $4,~00.00 per annum, effective September: 1, 1962. The motion ~as seconded by Mr. Pollard and adopted. Messrs. ~ebber, Wheeler, and Young voting no, There being no further business, the Council adjourned. APPROVED -~28 COUNCIL. REGULAR MEETING. Medaesday, December 27, 1961. The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the RunJcipal Building, Wednesday. December 27. 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. AOSENT: None ......................O. OFFICERS PRE5ENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle, City Attorney, Mr. Daffy R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INYOCATION: Ybe meeting was opened with a prayer by the Reverend F. H. Strieby, Pastor, Belmont Methodist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: BONDS-CITY TREASURER: The City Clerk presented a communication from the City Treasurer, requesting that the Council fix his bond and approve surety thereon for the term of office beginning January I, lqb2, and ending December 1965. Mr. Young moved to concur in the request and offered the following Resolution: (314662) A RESOLUTION prescribing the amount of the bond of the Treasurer of the City of Roanoke and approving the surety thereon. (For full text of Resolution. see Resolution Book No. 25, page 194.) Mr. Young moYed the adoption of the Resolution. The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............... 7. NAYS: None .....................O. SCHOOLS: The City Clerk presented a communication from the Roanoke City School Hoard, transmitting a list of pupil scholarship grants for the first semestsr of the 1961-62 school term, as requested by the Council. Mr. Dillard moved to receive and file the report. The motion was second- ed by Dr. Cornell and adopted. BUDCET-SCROOLS: The City Clerk presented a communication from the Ro3no~e City School Hoard, advising that the appropriation contained in the 1961 budget is insufficient for payment of pupil scholarship, grants and requesting an additional appropriation of $2,g67.91 to meet this requirement. Mr. ~/ebber moved to concur in the request and offered the following Ordinance' 1:29 (#14663) AN ORDINANCE to amend and reordaia Section z120, "Schools," of the 1961 Appropriation Ordinance. DE IT ORDAINED by the Council of the City of Roanoke tbat Section =120, *Schools** of the 1961 Appropriation Ordinance. be, and the sane is hereby, amend- ed and reordained to read as follows, in part: SCHOOLS =120 Private School Scholarships ....................... $ 42.362.91 Mr. Webber moved the Ordinance on its first reading. The motion was seconded by Mr. Mheeler. Dr. Covflell offered a substitute motion to refuse the appropriation. The substitute motion was seconded by Mr. Dillard and lost. Messrs. Nebber, Mheeler Young, and the President, Mr. Anderson, voting fig. Mr. Mebber's motion to place the Ordinance on its first reading was then adopted by the following vote: AYES: Messrs. Mebber. Wheeler. Young. and the President. #r. Anderson--4; NAYS: Messrs. Cornell, Dillard and Pollard ............................. Dr. Cornell then moved to direct the City Attorney to prepare a Resolu- tion requesting the representatives of the city in the general Assembly of I'irginia~ to introduce legislation into the next session of the General Assembly providing for local option on the payment of tuition 9rants and requiring a referendum thereon. The motion was seconded by Mr. Young and adopted. Dr. Cornell then moved to direct the City Attorney to prepare a Resolu- tion memorializin9 the General Assembly of Virginia and requestin9 adoption of the legislation providing for a local option on tuition grants. The motion was second-~ ed by Mr. Dillard and lost, Messrs. Webber, Mheeler, Young, and the President, Mr. Anderson, voting fig, REPORYS OF OFFICERS: ARMORY: The City Manager presented a list of bids received for conces- sions at the National Guard Armory for the year 1962 with option to renew for two additional years and recommended acceptance of the bid of Mr. Samuel Garrison providing for payment of 30 1/2 per cent of his gross sales on the premises to the city as the best bid. Mr. Young moved to concur in the recommendation of the City Ranager and offered the following Resolution: (=14664) A RESOLUTION accepting the bid of Samual Garrison for operatingi! the concessions at the National Guard Armory for the period beginning January 2, 1962. and ending December 31. 1962. (For full text of Resolution, see Resolution Book No. 25, page 194.) 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 President, Mr. Anderson ............... 7. NAYS: None .....................O. BUDGET: The City #manger reported that the cash balances of the city will not be sufficient to meet its operating expenses for the remainder of the fiscal year and the early part of the next fiscal year and requested that the Council authorize borrowing up to $350.000.00 for that purpose. Mr. Mheeler moved to concur in the request and offered the following Resolution: (~14865) A RESOLUTION authorizing the negotiation of short-term loans for the purpose of paying current expenses or debts of the City. (For full text of Resolution. see Resolution Book No. 25. page 195.) Mr. Mheeler moved the adoption of the Resolution. The motion was second- ed by Mr. Webber and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, ~ebber, ~heeler, Young. and the President, Mr. Anderson ............... 7. NAYS: None .....................O. REPORTS OF COgMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERAYION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 14652, approving the permanent vaca- tion, discontinuance and closing of an alley lying between Stephenson Avenue and Longviem Avenue, S. W., extending from Twenty-seventh Street to Twenty-eighth Street, having previously been before the Council for its first reading, read and laid over, was again before the body, Mr. ~heeler offering the following for its second reading and final adoption: (=14652) AN ORDINANCE approving the permanent vacation, discontinuance and closing of a certain undeveloped alley situated in Block 2. Crystal Spring Land Company Map, lying between Stephenson Avenue and Longview Avenue. S. W.. and extending from 27th Street to 28th Street. S. W.. in the City of Roanoke. Yirginia. (For full text of Ordinance. see Ordinance Book No. 25. page 189.) Br. Rheeler moved the adoption of the Ordinance. Yhe 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 ...................S-O. ZONING: Ordinance No. 14653. rezoning from General Residence District to Business District property located on the east side of Colonial Avenue. S. 101.? feet south of Brandon Avenue, designated as Lots 8. 7 and U. Block 4. Colonial Beights. Official Tax Nos. 1271308. 1271307 and 127130B. having previously been before the Council for its first reading, read and laid ove~ was again before the body. Mr. Young offering the following for its second reading and final adoption: 131 (s14653) AN ORDINANCE to amend and reenact Title X¥. Chapter 4. Section 1, of The Code of the City of Roanohe, 19S6, in relation to Zoning. (For full text of Ordinance, see Ordinance Dook No. 25, page 191.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, Webber. ~heelero Young, and the President, Mr. Anderson .......... 7. NAYS: None .................... O. ZONING: Ordinance No. 14654, rezoning from Business District tn Light Industrial District property located on the northuest corner of Patterson Avenue and Seventh Street, S. W., designated as Lot 35, Taylor Map, Official Tax No. 1112317, having previously been before the Council for its first reading, read and laid over, was again before tbe body, Mr. ~heeler offering the folloulflg for its second reading and final adoption: (~1.1654) 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. 25, page Mr. Mheeler moved the adoption of the Ordinance. The motion 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. SALE OF PROPERTY-AIRPORT-STATE HIOItWAYS: Ordinance No. 14660, accepting the offer of the Commonwealth of Virginia to purchase approximately 1.34 acres off Roanoke Municipal Airport for use as right of way for Interstate Dighway Spur 561, having previously been before the Council for its first reading, read and laid over, was again before the body, Mr. Young offering the following ~or its second rending and final daoption: (=14660) AN ORDINANCE accepting the offer of the Commonwealth of Virginia to purchase approximately 1.34 acres off Roanoke Municipal Airport for use as right of way for Interstate Highway Spur 581. (For full text of Ordinance. see Ordinance 8ook ~o. 25. page 192.) Mr. Young moved the adoption of the Ordinance. The motion ~as seconded by Mr. Wheeler and adopted by the following vote: AYES: gessrs. Cornell, Dillard. Pollard. Webber. Wheeler, Young, and the President. Mr. Anderson .............. 7. NAYS: None ...........~ ........ O. LICENSES: The Council at its meeting of December I1, 1961, having directed the preparation of an Ordinance providing for payment of the total of license taxes against fortune tellers at one time on the first payment date for such licenses. Dr. Cornell offered the following emergency Ordinance: (714666) AN ORDINANCE to amend and reordaJn Section 70 of The License Tax Code of the City of Roanoke. 1956; and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 2S, page 196.) DF. Cornell moved the adoption of the Ordinance. The motion was seconde~ 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. SEWERS AND STORM DRAINS: The Council at its meetin9 of December ID, 1961, having directed the preparation of an Ordinance amending Sections ? and 8 of Chapter 7 of Title XVII of The Code of the City of Roanoke. by increasing the penalty under both sections to $100.00, Mr. Young offered the following emergency Ordinance: (:14667) AN ORDINANCE to amend and reordain Sections ? and ~ of Chapter 7 of Title XVII of The Code of the City of Roanoke. 1956; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 25, page 197.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. hheeler and adopted by the following vote: AYES: Messrs. C,moll. Dillard. Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson .............. 7. NAYS: None .................... O. AIRPORY: The Council at its meeting of December 18. 1961. having directed the preparation of a Resolution approving payment ~ Pittsburgh Testing Laboratory in the amount of $2,220.$1 for engineering tests and inspections in connection with Airport Project No. 9-44-012-11. Mr. Nheeler offered the following Resolution: (=1466~) A RESOLUTION approving the award of a contract to Pittsburgh Testing Laboratory. (For full text of Resolution, see Resolution Book No. 25, page lO&) Mr. gheeler m,red the adoption of the Resolution. The motion was sec,nde by Nr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ............... NAYS: None .....................O. ZONING-PARKS AND PLAYGROUNDS-INDUSTRIES: The Council at its meeting of December 16, 1961, having directed the preparation of a Resolution terminating a lease between Johnson-Carper Furniture Company, Incorporated, and the City of Roanoke. Mr. Pollard offered the following Resolution: (=14669) A RESOLUTION terminatin9 a lease between Johnson-Carper Furniture Company. Incorporated, and the City of Roanoke. (For full text of Resolution. see Resolution Book No. RS, page lg~.) ~.33 Mr. Pollard m,red the adoption of the Resolution. The notion mas second- ed by Mr. Young and adopted by the folluuing rote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young. and the President. Mr. Anderson ............... 7. NAYS: None .....................O. MOT XONS AND MISCELLANEOUS BUSINESS: QUALIFICATXO~ OF OFFICERS: The City Clerk reported that the f,Il,wing members of Boards and Commissions have qualified= Advisory and Appeal Board. Air Pollution Control. Hrs. G. Ilar,Id Dove and Mr. Robert L. Lynn. Jr.; Roanoke Valley Regional Planning and Economic Development Commission. Mr. Vincent S. Rheeler~ and the Advisory Committee on Investment of Funds to the Board of Trustees of the Employees* Retirement System. Mr. Th,nas Y. Moore. Mr. Young moved to file the report. The notion was seconded by Mr. ~heeler and adopted. There being no further business, the Council adjourned. APPROVED '.-:L3'4 COUNCIL, REGULAR NERVING, Tuesday, January 2, 1962. The Council of the City of Roanoke met in reguler meeting in the Council Chamber in the Municipal Building. Tuesday, January 2, 1962. et 2:00 o'clock, p. the regular meeting hour, with the President. Hr. Anderson, presiding. PRESEt: Messrs. Cornell, Dillard. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson .......... ABSENT: None ..............O. OFFICERS PRESENT: Mr. Arthur S. Omens. City Manager. Mr. Randolph G. Whittle. City Attorney. Mr. Harry R. Totes. City Auditor. and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend E. N. Tarpley, Retired Methodist Minister. MINUTES: Copies of the minutes of the regular meeting of December 18, 1961; the special meeting of December 20. 1961; and the regular meeting of December 27, 1961, having been furnished each member of the Council, upon motion of Mr. M~eeler, seconded by Mr. Pollard and adopted, the reading #as dispensed with and th4 minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC RATTERS: NONE. PETITIONS AND COMRDNICATIONS: SE~ERS AND STOEg DRAINS: The City Clerk presented a communication from' the Commonwealth*s Attorney of Roanoke County, as legal adviser for the Board of Supervisors of the said County, advising as follows: "Your letter of December I0, 1961, addressed to the Board of Supervisors of Roanoke County. concerning the resolution passed by you on December 16, 1961, has been referred to me by said Board for reply. As Commonwealth's Attorney of Roanoke County, and as such the legal adviser of the Board of Supervisors of Roanoke County, it is my opinion, and the opinion of the Board, that the interpre- tation placed by you upon the resolution of the Board of Super- visors passed on November 20, 19BI, is entirely correct, and that it mas and is the full intent of said resolution to be in strict compliance with the requirements of your letter of October 3, 1960, addressed to Mr. Edwin G. Terrell, Chairman of the Board of Supervisors. Accordingly, we consider the amend- ment to the contract as set forth in said resolution to be now in full force and effect. You are further advised that as to the seven areas which have been thus added to the basic contract, all Of the sewer lines and installations in each of them involve collective systems only, which were built by developers and donated to the Roanoke County Sanitation Authority. There are no outstanding re- imbursement contracts with developers as to any lines or other installations therein,w Mr. Dillard moved to file the communication. The motion was seconded by Pollard and adopted. 135 DONATIONS-STREETS AND ALLEYS: The City Clerk presented a communication Yrom the Board aY Deacons of Emmanuel Baptist Chnrcho requesting that the city con- struct a street extenJing ~estnurd from Thirty-sixth Street, N. N., between the 500 and 600 blocks, to the property of that church, at public expense, and an agreement of the property Owners through #hose property the'street mill extend to donate the necessary land for right of say. Mr. Dillard moved to refer the matter to the City Manager for study, cost estimate and recommendation, and to the City Planning Commission for study and rec- ommendation. The motion was seconded by Mr, Young and adopted, TAXES: The City Clerk presented s communication from the Roanoke United Central Labor Council, AFL-CIO, advising that it is cognizant of the city*a needs for additional revenue and that in its opinion the tax limit imposed by the city*s Charter should be eliminated. Mr. Pollard moved to file the communication, The motion Nas seconded by Mr. Mheeler and adopted. BUDGET-HOUSInG-SLUM CLEARANCE: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority, requesting the Council to advance to it $14,000.00 for the purpose of purchasing the property of Robert L. and Lillian B. Hooper in the Commonwealth Redevelopment ProJect area and advising that the sum of $H,200.00 will be reimbursed when the Authority has funds available. (=14670) A RESOLUTION authorizing the City Auditor to advance unto the City of Roanoke Redevelopment and Housing Authority $14,000.00, (For full text of Resolution, see Resolution Book No. 25, page 199.) by Mr. Pollard and adopted by the folloNing vote: AYES: Messrs. Cornell. Dillard, Pollard. Webber. Mheeler, Youn9, and the NAYS: None ............O. REPORTS OF OFFICERS: FIRE DEPARTMENT: The City Manager reported that Fireman Joseph E. Myers. for a period of sixty days beginning December 14. 1961. (~14671) A RESOLUTION authorizing and directing that Joseph E. Myers. a of personal injury received in line of duty. be paid his regular salary for a period of sixty days beginning December 14, 19bl. (For full text of Resolution, see Resolution Book No. 25, page 200.) .36 Nr. Pollard moved the sdoptioo of the gesol.tion. The motioo mas seconded by Dr. Coroel! GOd sdopted by the follemlog vote: AYES: Ressrs, Cornello Dillard. Pollard, Mebber. Wheeler. ¥ouog, sad the President. Nr. Anderson .......... NAYS: None ............O. BONDS-PLANNING-SUBDIVISIONS: The City Manager reported that the firm of Bsrtin and Stover, Realtors &nd Developers, Incorporated, on April 16, 1957, posted n bond in the smount of $40,200.00, mith Glens Falls Insurance Company as surety, for certsin mork to be performed under the subdivision lam in Chapel Forest, No. 2; that subsequent to that date the firm of Bartin and Storer, Realtors and Developers Incorporated, became insolvent ofter performing only a portion of the work required and that Glens Falls Insurance Company has offered to pay the city the remainder of the bond amounting to $36,700.00 if the city will accomplish the necessary mork and relieve it of liability, the City Manager recommending that the offer be accepted. Mr. Pollard moved to concur in the recommendation and offered the follow- ing Resolution: (~14672) A RESOLUTION providing for the release of Glens Falls Insurance Company from liability unto the City of Roanoke by reason of its having become surer on a land subdivider*s bond conditioned upon the making of certain installations and improvements upon a subdivision known as "Map of Section No. 2 - Chapel Forest". (For full text of Resolution. see Resolution Book No. 25, page Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Rr. ~heeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, ~ebber, ~heeler, and the President, Mr. Anderson ........ NAYS: Mr. Young .....1. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERAT ION OF ORDINANCES AND RESOLUTIONS: BUDGET-SCHOOLS: Ordinance No. 14663, appropriating $2,98T.ql to supple- ment the appropriation heretofore made for pupil scholarship grants, having pre- viously been before the Council for its first reading, read and laid over, mas again Ibefore the body, Mr. Nebber offering the following for its second reading and final ~ladoption: (m14663) AN ORDINANCE to amend and reordain Section ~120, "Schools," of lithe 1961 Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No. 25, page 199.) Mr. Mebber moved the adoption of the Ordinance. The motion mas seconded !iby Mr. Mheeler and adopted by tho following vote: '$37 AYES: Messrs. Mebber, Mheelero Young, and the President, Mr. Anderson--4. NAYS: Messrs. CoFnell, Dillard and Pollard .............................3. OUILDING ORPARTMENT: The Council at its budget study meeting of December 28, 1961o boring directed the preparation or aa Ordinance providing for n aem schedule of fees for building peraits, Mr. ¥ooo9 offered the follouing emergency Ordi ...... (Xl4b?3) AN ORDINANCE to amend and reordain subsections (b), (c) and (e) of Section 14 of Chapter I of Title XV of The Code of the City of Roanoke. 1956; providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 202.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by! Mr. Nheeler and adopted by the follouing vote: AYES: Messrs. Cornell0 Dillard. Pollard, Webber, Nheeler, Young, and the President, Mr. Anderson .......... NAYS: None ............ TAXES: The Council. in its budget study sessions, having directed the preparation of several Ordinances providing for increase in revenues to meet the city*s requirements° Mr. Pollard offered the following emergency Ordinance providing (#14574) AN ORDINANCE to amend and reordain subsections 4 and 6 of Sec- tion 29 of Article IV of Chapter I of Title X¥1II of Tqm Code of t~e City of Roanoke 1956; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 203.) by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber. Nheeler, Young. and the President, Mr. Anderson .......... ?. NAYS: None ............ O. Mr. Dillard offered the following emergency Ordinance providing for a tax the recordation of deeds, etc.: (~14b75) AN ORDINANCE to amend Chapter I of Title ¥I of The Code of the City of Roanoke, 1956, by adding a hem section thereto, said ne. section imposing a recordation tax on certain legal instruments; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page Mr. Dillard moved the adoption of the Ordinance. The motion ~as 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. Mr. Webber offered the folloming emergency Ordinance providing for an increase in tax on utility services: ~138 (~14676) AN ORDIRANCE to amend end reordnin Section I of Chapter 3 of Title VI of The Code of the City of aonnoke,.lq56, amd further imendin9 the afore- said Chapter 3 by sddin9 a hem section thereto; and providing for nn emergency. (For full text of Ord!nance. see Ordinance Book No~ 25, page 204.) Mr. David E. Berry. C. ~ P..Telephone Company of Virginia; Hr. Dormsn M. i Miller, lppalachi[n P~wer Company; end Mr. John C. Parrott. Roanoke Gas Compnny, [tnppeared before the Council and adrised that mhil~ their companies recognize the ~Jneed for the city to increase its revenues, they nevertheless hope that the incress ]tax on utility services mill be for one year only end alii not act ns n deterrent ,upon attracting nam industry to the community. ![ Mr. Lawrence R. Noell and Mr. James W. Heizer. representing the Roanoke ~Retail Gasoline Deniers Association. appeared in opposition to the increase in ,utility services taxes and advised that it mill be detrimental to their business. Mr. Robert O. #llmore. a local merchant, appeared and stated that he is aware of the need for the new taxes and endorses the same.. by Mr. Pollard and adopted by the following vote: AYES: Messrs. Pollard, Webber, Wheeler, Young, and the President, Hr. Anderson ......................................... NAYS: ~essrs. Cornell and Oillard ..... by the City Clerk. Mr. Marcus B. Kaplan, Virginia Cigarette Service. along mith a group of businessmen, appeared before the Council and advised that in their opinion to crease the tax on cigarettes is unrealistic since it will drive purchasers into the county ~ho ~ill not only purchase their cigarettes therein, but also other merchan- dise. and in their opinion ~ill reduce the total tax intake to the city from both icigarette taxes and merchants licenses to the extent that the increased tax will not iprovide additional revenue for the city. Mr. Webber moved to table the Ordinance. The notion mas seconded by Mr. ~iDillard and adopted. Mr. Young voting no. The City Attorney advised that he mas also instructed to prepare Ordinance! for a tax on cigars and for a tax on soft drinks, but due to the complications in- :ivolved in the administration of these taxes he mas unable to have such Ordinances iready. Mr· Webber moved to table the proposed tax on cigars. The motion mas sec- aided by Mr. Dillard and adopted, Mr. Young voting no. Mr. Dillard moved to table the proposed tax on soft drinks. The motion iwas seconded by Dr. Cornell and adopted, Mr. Young voting no. Mr, Webber then moved to direct the City Clerk to forward the following 139 'The Conncil of the City of Mounohe ut its regular meeting of this afternoon directed me to mrite you this letter. Council understands that rot some years Roanoke taxpayers have been afforded on alternate method of reporting tangible personal property to your office for taxation. One, Jn case of numar- occupied residence, the alternate assessment is set nt I0 per cent of the assessed value of the real estate (land and Improve- ment), in case of rented property, the alternate assessment is set at 50 per cent of the annual rent pald for the premises occupied as of the first day or the calendar year, iud for businesses the alternate assessment is on o graduated scale. If the applicable alternate metEod is not chosen, the taxpayer actually lists his personal property as of the first day of the year at fuir market value and the tax is calculated thereon or the Commissioner may, in his discretion, cause an appraisal to be made of such household property for tax purposes. It is the purpose of this letter to request the Commissioner, for the tax year 1962 only. to double the per cent in each instance; that is. in the first alternate, make the percentage 20 per cent of the assessed value of the real estate (land and improvement). in the second alternate, make the percentage 100 per cent of the annual rent paid for the premises occupied on January 1, 1962. and the third alternate the same relative Increase. The motion was seconded by Mr. Wheeler and adopted. Messrs. Cornell and Dillard votinG no. Rt. Wheeler stated that. with the additional taxes approved, the budget for the year 1962 is still out of balance approximately $500,000.00. in addition to the fact that no operating funds will be available, and moved to direct the City Attorney to prepare a Resolution requesting the representatives of the City of Roanoke in the General Assembly of Virginia to introduce a bill into the coming session of the General Assembly to a~er~ the City C~arte: to provide that the Council:i may. durinG the year 1962 only. supplement its existing levy on real and personal property for that tax year by levying such additional tax thereon as in its discre- tion should be sufficient to meet all Just demands against the city on any account becominG due during the year 1962. The motion was seconded by Mr. Young and adopted, Messrs. Cornell and Dillard voting no. BUDGET: The Council in numerous budget study sessions having considered the City ganager*s proposed budget for the year 1962, Mr. Webber offered the follow- ing emergency Ordinance making appropriations from the General Fund of the city: (~14677) AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning January 1. 1962. and ending December 31. 1962; and declarinG the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 205.) Rt. 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 ..... Rt. Wheeler then offered the following emergency Ordinance making appropria- tions from the Mater General Fund and the Mater Replacement Reserve Fund for the year 1962: 140 (~146T8} AN OBDINANGE making appropriations from the Voter General Fund and the Water Replacement Reserve Fund for the City of Ronnoke for the fiscal year beginning January 1, 196R. and ending December 31. 196R~ nnd declaring the exlstenct of an emergency. (For full text of Ordinance. see Ordinance Book No. RS, page 228.} Mr. Wheeler moved the adoption Of the Ordinnnce. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Ressrs. Cornell, Dillard. Pollard, Webber, Wheeler, Young, and the President, Br. Andorson .......... 7. NAYS: None ............ O. Mr. Young then offered the following emergency Ordinance making appropria- tions from the Sewage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the year 1962: (714679) AN ORDINANCE making appropriations from the Semage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginnin9 January !. 1962. and endin9 December 31. 1962; and declarin9 the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 231.) 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 iPresident. Mr. Anderson .......... NAYS: None ............ O. Mr. Webber then offered the following Resolution approving salary in- icreases into the Council Control Rates under the city's Pay Plan, which increases ~are provided for in the budget: (~14680) A RESOLUTION approving increases in salaries and wages into im~nagement control rates under the Pay Plan. Ordinance No. 14300. as recommended by CFor full text of Resolution, see Resolution Book No. 2S. page Mr. Dillard moved to table the Resolution. The motion was seconded by Dr. Cornell and lost, Messrs. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson. voting no. Mr. Webber moved the adoption of the Resolution. The motion ~as 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. 141 Mr. Mebber then moved to appoint 8 committee composed of Muyor MillJs M. Anderson, Chairmen, Messrs. Denton O. Dillard and Walter L. Yonng es a reviexin9 authority for executive salaries for officials appointed by the Council under the provisions of Section 9, Ordinance No. 14300 (PuT Plan), adopted on the 3rd day of January, 1961. The motion was seconded by Mr. Mheeler and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, the Council adjourned. APPROVED ATTEST: -142 COUNCIL, REGULAR MEETING, Monday, Jnnuary 8, 1902. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Mnnicipsl Building, Monday, January fl, 1902, at 2:00 o'clock, p. mo, the regular meeting hour, mJth the President, Mr. Auderson, presiding. PRESENY: Messrs. Corn,Il, Dillard· Pollard· Nebber, Wheeler, Young, and the President, Mr. Anderson .......... 7. ABSENT: None .............. O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. Randolph G. iWhittle. 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 H. W. Connelly, Pastor· Lynn Haven Baptist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREEYS AND ALLEYS: A public hearing having been set for 2:00 o'clock. p. m., Monday, January 8, 1962, on the request of the Norfolk and Mestern Railway Company that a 50-foot street and a portion of a 12-foot alley located south of Albemarle Avenue· $. E.. east of Wheat Street. be vacated, discontinued and closed, and notice of the hearin9 having been published in The Roanoke World-News on Decem- ber 22, 1961. an~ the City Planning Commission having previously recommended that the request be granted, and a Board of Viewers having reported in favor thereof, the hearing was held at which no one appeared in opposition. Mr. John R. Turbyfill. Attorney for the petitioner, appeared and requested ,that the Council concur in the recommendation of the City Planning Commission and grant his client's request. Mr. Wheeler moved to concur in the request and offered the following Ordinance: (~14681) AN ORDINANCE providing for the permanent vacation, discontin- ~iuance and closing of a certain portion of a certain street and alley located south of Albemarle Avenue in the southeast section of the City of Roanoke· Virginia as hereinafter more fully described. WHEREAS, application has been made to the Council of the City of Roanoke. :iVirginia. by Norfolk and Western Railway Company to vacate, discontinue and close ipermanently a certain portion of a certain street and alley located south of Albe- imarle Avenue as all the same are more particularly hereinafter described: and WHEREAS, on said application of Norfolk and lestern Railway Company. par- isuant to Section 15-766, Code of Virginia (1950), us amended, three viewers Here ap- ipointed to view said portions of said street and alley; and WHEREAS. said vieHers have reported to Council in writing stating that no linconvenience Hill result from said vacation, discontinuance and closing and recom- mend that said portions of said street and alley be permanently vacated, discontinue~ and closed; and 143 NllEREAS. the City Planning Commission has considered the request of said application and recommends that it be granted; nnd WHEREAS, the land proprietors along the sold portions of said street and alley affected thereby bare been notified of theproposed vacation, discontinuance and closing of said portions of said street and alley; and WHEREAS. a public hearing on the question of permanently vacating, dis- continuing and closing the said portions of said street and alley nas held on Jan- uary 8, 1962, at 2 p.m. before the Council. after due and timely notice of such hearing published in a local neuspaper, at uhich hearing nil persons interested in the matter mere afforded an opportunity to be heard; and WHEREAS. this Council is Of the opinion that the request contained in the aforesaid application should be granted. NOW, TIIEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that pursuant to the provisions of Section 15-766. Code of Virginia (1950), as amended. said Council does hereby permanently vacate, discontinue and close the following: All that certain portion of an unnamed and unused street, sometimes known as 4th Street. S.E., as shown on the Roanoke Land and Improvement Company map of l~flg, lying parallel with and south of Albemarle Avenue. 5.£., beginning at the western line of right of Nay of the Norfolk and Western Railway Company and bearing in an easterly direction across said right of way, with u width of fifty feet, to the eastern line of right of way of said Railway Company. Ail that certain portion of a 12-foot alley as shown on the Roanoke Land and Improvement Company map of 188g, beginning ~ithin the right of ~ay of the Norfolk and Western Railway Company at its intersection with that portion of the above described street and bearing in a northerly direction through said right of way to the western line of right of way of the Railway Company; said Council reserving unto the City of Roanoke, however, an easement in the land "I44 Mr. Mheeler moved the Ordinance on its first reading. The motion uss seconded by Mr, Mebber and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. Webber, #heeler, and the President, Mr. Anderson .......... 6. NAYS: None ............0. {Mr. Young not voting} STREETS AND ALLEYS: A pnblJe hearing having been set for 2:00 o'c]nck, p. m., Monday, January 6, Ig62, on the request of Mr. Gerald T. Campbell that old Meadow Lane and old Edgehill Road, in the Garden City area. be vacated, discontlnue~ and closed, and notice of the hearing having been published in The Roanoke Morld- News on December 22. 1961. and the City Planning Commission having previously rec- ommended that the request be granted, the hearing was held at which no one appeared in opposition, Mr. llampton M. Thomas, Attorney for the petitioner, appeared and requested that the Council concur in the recommendation of the City Plnnning Commission and grant his client*s request. Mr. Young moved to concur in the request and offered the following Ordinance: (~14602) AN ORDINANCE approving the permanent vacation, discontinuance and closing of Old Meado~ Lane and Old Edgehill Road, lying between Garden C'ity Boulevard and Ventnor Road, as sho~n on the E, M. Gearhart Rap, in the Cardem City Area of tbe City of Roanoke. Virginia. NIIEREAS, Gerald T. Campbell has heretofore filed bis petition before the Council of the City of Roanoke in accordance with law, in ~hich petition he has requested Council to approve the permanent vacation, discontinuance and closing of the hereinafter described streets, agreed to be closed pursuant to the provisions of Sec. 15-766.1 of the Code of Virginia, 1950. as amended; and RHEREAS, there was filed Nith said petition an agreement in writing dated October I§. 1961. between Gerald T. Campbell and Joyce H. Campbell; James M. Greene and Elsie H. Greene; Margaret Henry; John L. Hart; James P. Hart. Jr.; and the lien creditors thereof, said agreement bain9 signed and acknowledged by said parties in accordance with the provisions of Sec. 15-765.1 and 15-766.2 of the Code of Virginia of 1950. as amended, which instrument sets forth that the parties thereto are the sole abuttin9 property owners to said streets, and in which agreement all parties agreed to the permanent vacation, discontinuance and closing of said streets; and MHEREAS, it appears to Council that the said streets have never been used by the public, and ore not now open for pub]lc use, nor are they contemplated to be opened in the future for public use. and that such vacation, discontinuance and closing of said streets will not abridge or destroy any of the rights or privileges i]of other property owners within the bounds of the area of land shown on said Map of E. g. Gearhart or any of the public; and WHEREAS, the City Planning Commission has considered the petition of I4.5 WHEREAS, S public bearing has been held on January 8, 196R, before the Council of the City of Roanoke, at uhich hearing all parties In interest and citi- zens uere afforded an opportunity to be heard on tbe question; and WHEREAS. it further appears to Council that the petitioner, Gerald T. Campbell, has agreed to bear and defray the costs incident to this proceeding. YIIEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the permanent vacation, discontinuance and closing of Old Meadow Lane and Old Edgehill Road, lying between Garden City Boulevard and Ventnor Road, as shana on the E. M. Gearhart Rap in the Garden City Area in the City of Roanoke. Virginia, as consented to by all sunera of property abutting said streets, by written agreement dated October Iff, 1961, be, and the same is hereby approved, and that all right, title and!i interest of the City of Roanoke and the public in and to said streets is hereby re- leased insofar as the Council is empowered $o to do, reserving to the City. howeYer,!! an easement for the continued operation and maintenance of any public sewer, storm drain, water line or similar public utility which may now exist in said former streets or roads. BE IT FURTtlER ORDAINED tRat the City Engineer he, and he is hereby di- rected 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, wherein! said streets may be shown, referring to the book and page of the Ordinances and Res- olutions of the Council of the City of Roanoke, wherein this Ordinance shall be spread. BE 1T FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of Roanoke County. Virginia. in whose 'office the aforesaid plat of subdivision is recorded, and to the Clerk of the Hustings Court for the City of Roanoke. Virginia, an attested copy of this ordinance attached to the aforesaid agreement in order that said Clerks may record the same in their respective offices and may make proper notation on all maps and plats recorded in their said offices of which is herein approved, as provided for by law. Mr. Young moved the Ordinance on its first reading, The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Ressrs, Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ..................... NAYS: None .......................O. PETITIONS AND COWMU~ICATIONS: STREETS AND ALLEYS: The City Clerk pretented a request of Johnson-Carper Furniture Company, Incorporated, that a portion of Wertz Avenue. No E°, extending from its present western terminus in an easterly direction approximately 290 feet to the intersection of Ridgefteld Street, and a certain 15-foot alley, the center line of which begins on the east side of the right of way of the Norfolk and Western :246 Railway Compnny*s Shenandoah Valley Division. 207.23 feet north of Hlsslssippi Avenue, N, E** and extends north 890 56* east approximately RI9 feet and then north On 4* west 305 feet to the present Rertz Avenue, he vacetedo discontinned acd closed, and that viewers be appointed to view the same and report in accordance with law, Hr, Wheeler moved to refer the request to the City Planning Commission for study and recowoendation. The motion was seconded by Hr. Pollard and adopted. Hr, Rheeler then offered the following Resolution appointing viewers: (~14663) A RESOLUTION providing for the appointment of five freeholders any three of whom may oct, as viewers in connection with the application of Johnson-Carper Furniture Company. Incorporated° permanently to vacate, discontinue and close a portion of WeFtz Avenue, N. £,, and all of a fifteen foot alley leading therefrom between Ridgefield Street and the Shenandoah Valley Division of the Norfolk and Western Railway in the City of Roaoohe, Virginia, (For full text of Resolution, see Resolution Dooh No. 25, page 235.) Mr. Rheeler 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 President. Mr, Anderson ................. ?. NAYS: None .......................O. IURERCULO$I$ SANATORIUM: The City Clerk presented a communication from Rt. H. Caldwell Butler, transmitting for the information of the Council a Resolution of the Board of Supervisors of Albemarle County proposing that Catawba Sanatorium be closed and the patients thereat be transferred to the Blue Ridge Sanatorium. Mr. Webber stated that this matter is in connection with the proposal of a state committee to reduce tubercular sanatoria operations in the state and that previous reports on the subject indicate that Catawba Sanatorium is the most modern and up-to-date of its type in the state and the closing thereof will cause considerable disadvantage to the western portion of the state, particularly the Roanoke Valley, and moved to direct the City Attorney to prepare a Resolution requestin9 the General Assembly of Virginia to keep Catawba Sanatorium open and operating as a state institution. The motion sas seconded by Mr. Dillard and adopted. ALCOHOLIC BEVERAGES: The City Clerk presented a communication from the Virginia Alcoholic Beverage Control Board, advising that an order has been entered extending the time during which wine and/or beer and/or beverages may be consumed in the City of Roanoke nntil 12 o'clock, midnight, said order being effective January 22, 1962. Mr. Dillard moved to file the order and to direct the City Attorney to prepare an Ordinance amending the City Code to conform the hours permitted for the sale of such beverages with the state law, The motion was seconded by Dr. Cornell and adopted. 147 REPORTS OF OFFICERS: STREET LIGHTS: The City Manager requested that the Council authorize the Installation of four street lights in the city at designated locations. Mc, Young moved to concur in the request and offered the following Resolution: (n14684) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent'street light at the Intersection of Abbott Street and Barnhnr Street. No M.; at the intersection of Frontier Road and Holmes Street. N, E.~ at the intersection of Holmes Street and Preston Avenue. N. E.[ and at the corner of Ridge Road and Edgerton Avenue. So E.o respectively. (For full text of Resolution. see Resolution Rook No. 25. page 23?.) Mr. Young moved the adoption of the Resolution. The motion was Seconded by Mr. Rheeler and adopted by the following vote: AyreS: Messrs. Cornell, Dillard. Pollard, ~ebber, Rheeler. Young, and the President', Mr, Anderson ...................... NAys: None ............................O. MATER DEPARTMENT: The City Manager presented a request of the Town of ¥inton that its water service area be extended to include a new subdivision on the lands of T. #. Bush, north of Virginia Bighway No. 651. Dr. Cornell moved to refer the request to a committee composed of Messrs. Benton O. Dillard, Chairman, Roy L. ~ebber, ~alter L. Young, and Arthur S. Owens for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. REpoRTs: The City Manager presented a report of the Department of Public Melfare for the month of November, 1961. and reported other departmental reports on file in his office. Mr. Rheeler moved to file the report. The motion was seconded by Mr. Pollard and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSXNESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: LEGISLATION-CITy CHARTER: The Council having previously directed the preparation of a Resolution requesting the city's delegates in the 1962 General Assembly to amend the Charter of the City of Roanoke, Mr. Youn9 offered the following Resolution: (#146§5) A RESOLUTION requesting the City's delegation in the 1962 General Assembly to endeavor, by emergency legislation, to have the Roanoke Charter Of 1952. as amended, farther amended as hereinafter set forth, (For full text of Resolution, see Resolution Book No, 25. page 237,) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: · 8 AYES: Messrs, Pollard, Mebber, Mheeler, Young, and the President, Mr, Anderson ......................................... 5, NAYS: Messrs, Cornell and Dillard ..... TAXES: The Mayor advised that in adopting an Ordinance providing for tax on deeds, etc., at the previous meeting of the Council, a provision of the State Code permitting the city to levy a lihe tax on the probate of mills and grants of administration mas overlooked, and offered the follouin9 emergency Ordinance: (=14606) AM ORDINANCE to amend Chapter I of Title VI of The Code of the City of Roanoke, 1956, by adding a new section thereto, said hem section imposing a tax on the probate of every will or grant of administration; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 247,) 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 ............................O. ROTIONS AND MISCELLANEOUS BUSINESS: HEALTH BEP~TREMT: The City Clerk reported that the two-year terms of Mrs, gargaret 2, Whittaker, Mr, Thomas P, Parsley and Rt, G, Frank Clement as members of the Housing and Hygiene Board will .expire on January 31, 1962, On call from the Chair, Mr, Dillard placed in nomination the names of Mrs, Margaret S, Whittaker, Mr, Thomas P, Parsley and Mro B, Frank Clement for reelection as members of the Housing and llygiene Board for two years each begin- ming February 1, 1962, Mr, Nebber moved to close the nominations, The motion was secocded by Mr. Wheeler and adopted, Mrs, Margaret S. Whittaker, Mr, Thomas P, Parsley and Mr. 6, Frank Clement were reelected members of the Housing and Hygiene Board for terms of two years each beginning February 1, 1962, by the following vote FOR MRS. WHITTAKER: Messrs, Corn*Il, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............. 7, FOR MR, PARSLEY: Ressrs, Corn*Il, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson ............. FOR MR, CLEMENT: Messrs, Corn*Il, Dillard, Pollard, Webber, Wheeler, , Young, and the President, Mr, Anderson ............. 7, There being no further business, the Council adjourned, APPROVED 149 COUNCIL, REGULAR MEETING, Monday, January 15, 1962. The Council of the City of Roanoke met h regular meeting is the Council Chamber in the Municipal Building, Monday, January 15, 1962, at 2:00 o'clock, p. m., the regular meeting bout, Mlth the President. Mr. Anderson, presiding. PRESENt: Messrs. Cornell, Dillard, Pollard, Webber, Rheeler, and the President, Mr. Anderson ............. ABSENT: Mr. Young ................1. OFFICERS PRESENT: Mr. Arthur S. O~efls. City Manager. Mr. Randolph G. Mhittle, City Attorney. Mr. Harry R. Yarns, City Auditor. and Mr. 3. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by Vice President Vincent S. ~heeler. MINUTES: Copy of the minutes of the regular meeting held on January 2. 1962, having been furnished each member of the Council, upon motion of Mr. Rheeler. seconded by Mr. Pollard and adopted, the reading Mas dispensed Mith and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a communication from Sugar Loaf Company.: Limited, requesting that Lots 5 and 6, C. G. Orange Map, Official Tax Nos. 3121705 and 3121706, located on the east side of Hollins Road, N. E., south of Liberty Road~r be rezoned from Special Residence District to Business District. Mr. Mbeeler moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Mr. Pollard and adopted. ZONING: The City Clerk presented an annual report of the Board of Zoning Appeals for the year lgGl. Mr. Wheeler moved to file the report. The motion was seconded by Mr. Pollard and adopted. BUDUET-HOUSING-SLUM CLEARANCE: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority, requestin9 that the Council advance the said Authority the sum of $14,O00.O0 for the purpose of pur- chasing the property of Sim and Margin R. Dean in the Commonwealth Redevelopment Project area, the Authority being without funds at this time, and advisin9 that $6,350.00 of this amount Mill be refunded to the city by the Authority. Mr. Mebber moved to concur in the request and offered the following Resolution: (~14697) A RESOLUTION authorizin9 the City Auditor to advance unto the City of Roanoke Redevelopment and Housing Authority $14,000.00. (For full text of Resolution, see Resolution Book No. 25, page 251.) Rt. Rebber .oved the adoption of the Resolution. The sotiou was seconded by Mr. #heeler and adopted by the following vote: AYES~ Messrs. Coraell, Dillard, Pollard, Webber, Rheeler, and the President, Hr. Anderson .................. NAYS: None ....................O. (Mr. Young absent) Rr. Rebber then offered the following emergency Ordinance appropriating the necessary funds: (u146GO) AN O~DINANCE to amend and reordain Section =154, #Refunds and Rebates," of the 1962 Appropriation Ordinance, and providing for an euergeacy. (For full text of Ordinance. see Ordinance Rook No. 25. page 2S2.) Mr. Webber noved the adoption of the Ordinance. The notion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Corflell. Dillard, Pollard. Webber, Wheeler. and the President, Mr. Anderson .................. 6. NAYS: None ....................O. (Mr. Young absent) REPORTS OF OFFICERS: BUDGET-CITY JAIL: The City Manager requested an appropriation of $1,042.00 to provide for installation of shelves and hooks in the City Jail. in the amount of $242.00, and for improvenents to the plumbing in the City 2ail, at an estimated cost of $§00.00, and advised that these improvements are in connection with the general improvement program to the City Jail. Mr. Pollard moved to concur in the request and offered the following emergency Ordinance: (=14669) AN ORDINANCE to amend and reordain Section ~144. "Departmental Equipment and Improvements," of the 1902 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 252.) Mr. Pollard moved the adoption of the Ordinance. The notion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler, and the President, Rr. Anderson ................... 6. NAYS: None .....................O. (Mr. Young absent) PAY pLAN: The City Manager presented a request ~r an amendment to the city*s Pay Plan to provide for addition of a Community Planner, an Assistant Centra Registrar, and a Sign Painter and advised that these position changes are included in the 1962 budget, the City Manager presenting job descriptions covering the ne# positions. Mr. Webber moved to concur in the request of the City Manager and offered the following energency Ordinance: (=14690) AN ORDINANCE making certain changes in the Pay Plan, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 253.) Hr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr, Ybeeler and adopted by the following vote: AYES: Hessrs, Cornell, Dillard, Pollard, Nebber, Mheelero and the President, Hr. Anderson .................. NAYS: None ....................O. (Mr. Young absent) SEMERS AND STORM DRAINS: The City Manager presented a tabulation of bids received for drilling of drainage wells in the Willlamson Road area and recommended acceptance of the low bid submitted by G. C. Kimberlin and Son in the amount of $2g,gso.o0, the City Manager advising that advertising cost in connection with the bids is $36.00 and will necessitate an appropriation of $16.00 to supplement the $30,000.00 contained in the 1962 budget. Mr. Rheeler moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance accepting the proposal of G. C. Kimberlin and Son: (~14691) AN ORDINANCE accepting the proposal of G. C. Kimberlin ~ Son for the drilling of drainage wells; authorizing the proper City officials to execute the requisite contract; rejecting the other bid; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 25, page 254.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adoptea by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler. and the President, Mr. Anderson .................. 6. NAYS: None ....................O. (Mr. Young absent) Mr. Wheeler then offered the following emergency Ordinance appropriating $16.00: ¢~14692) AN ORDINANCE to amend and reordain Section =141, "Sewer and Brain Construction,# of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 255.) 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. and the President, Mr. Anderson ................... 6. NAYS: None .....................O. (Mr. Young absent) ELECTIONS: The City Manager presented a tabulation of bids received for printing of the voting list and recommended acceptance of the low bid submitted by Hammond Printing and Litho. Works in the amount of $11.29 per page. Mr. Pollard moved to concur in the recommendation and offered the following Resolution: (~ld6qa) A RESOLtFflON accepting the bid of Bammond*s Printing 6 Litho. Works for printing the City of Roanoke Voting List. (For full text of Resolution, see Resolution Book No. 25, page 255.) 151 152 Hr. Pollard moved the adoption of the Resolution. The sotion nas seconde, by Nr. Nbeeler n,d adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Nebbnr. Nheeler. and the President. Yr. Anderson .................. 6. NAYS: None .................... O. (Mr. Young absent) REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 14681, providing for the permanent vacation, discontinuance andclosing of a 5d-foot street and a portion of a 12-foot alley located south of Albemarle Avenue, S. E., east of Nheat Street. havin9 pre- viously been before the Council for its first reading, read and laid over. was again before the body, Rr. ~heeler offering the following for its second reading and final adoption: (=14681) AN ORDINANCE providing for the permanent vacation, disccntinuan, ~iand closing of a certain portion of a certain street and alley located south of Albemarle Avenue in the southeast section of the City of Roanoke, Virginia. as 'hereinafter more fully described. (For full text of Ordinance, see Ordinance Book No. 25, page 248.) Nr. Nheeler moved the adoption of the Ordinance. The motion was seconded ,by Er. Pollard and adopted bi the following vote: AYES: Nessrs. Cornell, Dillard, Pollard, ~ebber, Wheeler. and the i!President Mr. Anderson ................... 6. ii NAYS: None .....................O. (Br. Young absent) i STREETS AND ALLEYS: Ordinance No. 14682, approving the permanent i] vacation, discontinuance and closin9 of Old Readow Lane and Old Edgehill Road. lying between Garden City Boulevard and Yentnor Road. as shown on the Eo M. Gearhart Map. in the Garden City area of the City of Roanoke. 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: (=14682) AN ORDINANCE approving the permanent vacation, discontinuance and closing of Old Readow Lane and Old Edgehill Road, lying between Garden City Boulevard and Yentnor Road, as shown on the E. M. Gearhart Map, in the Garden City Area of the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 25, page 250.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Br. Dillard and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, ~ebber, Wheeler, and the President, Mr. Anderson .................. 6. NAYS: None .................... O. (Mr. Young absent) STREETS AND ALLEYS: The Council at its meeting of December 186 lg61, having directed the preparation of an Ordinance providing for firm offers to be made for properties needed for the widening of Salem Avenue, S. W,o on the north side. between Second Street and Third Street. the proposed Ordinance was before the Council. Mr. Webber moved to lay the matter over until the next regular meeting of the Council, The motion was seconded by Mr. Wheeler and adopted. LEGISLATION-SCHOOLS: The Council at its ~eeting of December 27, lq61, having directed the preparation of a Resolution requesting representatives of the City of Roanoke in the General Assembly of Virginia to introduce a bill granting local option in connection with tuition grants in the public schools, Mr. Wheeler offered the following Resolution: (~14594) A RESOLUTION requesting the City*s delegation in the General Assembly to introduce u bill providing for local option with reference to school tuition grants. (For full text Of Resolution, see Resolution Book No. 25. page 255.) Mr. Wheeler moved the adoption of the Resolution. The ~otion sas seconded by Mr. Webber and adopted by the following vote: AVES: Messrs. Cornell, Dillard, Pollard° Webber, ~heeler. and the President. Mr. Anderson ................... 6. NAYS: None .....................O. (Mr. Young absent) TUBERCULOSIS SANATORIUM: The Council at its meeting of January B, 1952. having directed the preparation of a Resolution requesting the General Assembly of Virginia to keep Catawba Sanatorium open and in use as a State Institution, Mr. Pollard offered the following Resolution: (~14695) A RESOLUTION requesting the Governor and the General Assembly of Virginia to cause the Catawba Sanatorium to be continued in use as a State institution. (For full text of Resolution, see Resolution Book No. 25, page 255.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AVES: Wessrs. Cornello Dillard, Pollard. ~ebber, Wheeler, and the Presideflt~ Mr. Anderson ................... NAYS: None .....................O. (Mr. Youn9 absent) MOTIONS AND MISCELLANEOUS BUSINESS: CIVIL DEFENSE: Mr. I. E. (Stere) Brody appeared before the Council and suggested that an underground fallout shelter be constructed under Elmwood Park with the use of federal funds for protection of the people against nuclear radiation. The Mayor advised Rr. Brady that no federal funds are auailable for this purpose at this time. 153 · 1.54 PARKS AND PLAYGROUNDS: Dr. Cornell presented a petition bearin9 26 signatures and advising that the Sycamore trees on Rlllow Roadt N, Mos have groun too tall. have not been pruned in years, and are Jn danger of being bloun over or damaged by storC~, and requesting that the city have the trees pruned and roi pod at an early date. Dr. Cornell moved to refer the request to the City Uanager for study and recommendation. The motion mas seconded by Mr. Dillard and adopted. There being no further business, the Council adjourned. APPROVED ATT~T: CODICIL, REGULAR MEETING, Monday, Jauuary 22. 1962, The Council of the City of Ronnohe met in regular meeting in the Council Chnmber in the RunJcipal Oulldingo Monday, January 22, 1962. at 2:00 o'clonh, p. m. the regular meeting hour. mitb the President, RFo Anderson, presiding. pRESENT: Messrs. Cornell, Dillard, PollaFdo Webber, ~heeler, Young, and the President, Mr. Anderson ................... ?. ABSENT: None .......................O. ~r OPFICERS pRESENT: Mr, Arthur S, Owens, City Manager, Mr, Randolph G. iI · hittle, City Attorney, Mr, Harry R, Yates, City Auditor, and Mr, J, Robert Thomas, i City Clerk. INVOCATION: The meeting was opened mith a prayer by the Reverend Robert ~. Thompson, pastor, Rill Creek Baptist Church. MINUTES: Copies of thc minutes of the regular meetings held on January 6, lgb2, and January 15, lgb2o havin9 been furnished each member of the Council, upon motion of Mr. Pollard, seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY PROPERTy: The Honorable Kossen Gregory. a member of the llouse of Delegates of the General Assembly of Virginia from the City of Roanoke. appeared before the Council and advised that there is included in the tentative state budget for the next biennium an appropriation of~25.000.00 to provide site plans and architects' drawings for a state office building in the City of Roanoke housing an animal diagnostic laboratory and offices for the various state departments located in the Roanoke community: and that he and the other city representatives to the General Assembly are endeavoring to retain this item in the budget when approved by the General Assembly. gr. Gregory offering the following suggestions to the Council concerning action it might take to assist the city*$ representatives in this matter: (1) that the Council designate representatives to appear before the Appropriations Committee of the House of Delegates and the Finance Committee of the Senate in support of the measure at the proper time; and (2) that the Council consider offering a site for the building if constructed in the city, Mr. Gregory pointing out that two years ago, when the question of constructing an animal diagnostic laboratory in the city was being considered, the Council tentatirely offered to donate the old Willtamson Road sewage treatment plant site on Orange Avenue, N. W., as a site for the building, and that while the appropria- tion bill does not require that the city donate the site for the building, it is the opinion of the representatives in the General Assembly from the city that such an offer will make the building of the state office structure in Roanoke more attractive to the General Assembly and state officials, Mr. Gregory suggesting that :!:56 the Council might appoint u committee to study the question of possible sites and stating that he 15 unable at this point to advise the Council the amount of land required for such a building, but that the state budget director is. making u study of such requirements and that he believes he mill be able to furnish this infor- mation to the Council by its next regular meeting. After some discussion of the matter° Mr, Young moved that the Mayor be directed to appoint a committee to compile and submit to the Council for its consideration a-list of city-owned properties mhich might be suitable as a site for such a building. The motion was seconded by Mr. Wheeler and adopted. The Mayor appointed the foil*ming committee for that purpose: Messrs. Arthur S. Owens, Chairman, H. Cletus Broyles and Werner K. Sensbach. PETITIONS AND COMMUNICATIONS: HOUSING-SLUM CLEARANC£: The City Clerk presented a report Of the Cltyof Roanoke Redevelopment and Housing Authority, giving a statement of payments in lieu! of taxes on Projects VA 11-1 and VA 11=2 for the fiscal year ended September 30, 1961, showing a total amount of rents received of $162,247.60 and payments in lieu of taxes, at the rate of 10 per cent of such rents, amounting to $16,224.76, this payment being credited along with previously reported payments totaling $99,661.03, making a grand total of $11b,OOb.59 in credits the city has received against funds advanced by the Authority for off-site work in the amount of $15§,?03.00, leaving a balance of $42.616.49 to be recouped by the Authority from future payments in lien of taxes. ~1 Mr. Young moved to file the communication. Yhe motion was seconded by Mr. Pollard and adopted. SENERS AND STORM DRAINS: The City Clerk presented a certified minute from the meeting of the Board of Supervisors of Roanoke County. held on January 15. 1962. ordering filed a letter from the City Clerk, dated December lq, lq61, concerning the contract between the City of Roanoke and the County of Roanoke, dated September 20, 1954, and dealing with the treatment of domestic and commer- cial wastes, which letter was formarded to the County Board of Supervisors as directed by the Council at its meeting of December 18, 1961. Mr. Webber moved to file the communication. The motion was seconded by Mr. Young and adopted. R£PORTS OF OFFICERS: ZONING-PARKS AND PLAYGROUNDS-INDUSTRIES: The City Manager presented a tabulation of bids received for grading and other work on Wertz Avenue and Pearl Avenue, N. E., west of Hollins Road, in connection with the expansion of the Johnson-Carper Furniture Company. Incorporated. plant, showing the bid of Jo M. Turner and Company, Incorporated, in the amount of $5,594.00, as lom, and recom- mended acceptance of the low bid and the award of a contract therefor. Mr. Oillard moved to concur in the recommendation and offered the following emergency Ordinance: (a14696) AN ORDINANCE acceptiog the proposal of J, M, Turner ~ Company, loc,e for grading; sanitary sewer and storm drain; aothorizio9 the proper City Officials to ex*cote the reqaisite contract; rejecting all other bids; and providing' for an emergency, (For full text of Ordinance. see Ordinance Dook No. 25, page 257. l Mr. Dillard moved the adoption or the Ordinance, The notion mas seconded by Hr, Young and adopted by the following vote: AYES: Messrs, CoFnell, Dillard. Pollard, #ebber, Mheeler, Young. and the President. Mr, Anderson ................... NAYS: None ......................... JUVENILE ANB DOMESTIC RELATIONS COURT: The City Manager reported that, pursuant to a directive of the Council at its meeting of October 16. lghl. he has communicated with the various counties in the area with reference to the possibili- ty of establishing a Regional Joy*nile and Domestic Relations Court as recommended by Judge James Me Flippin, at that time Judge of the Roanoke City Juvenile and Domestic Relations Court, and advised that replies from the Counties Of Bedford, Botetourt. Craig, Floyd, Franklin. Uenry, Montgomery and Patrick indicate that there is no interest in the establishment Of such a Regional Court at this time and in his opinion no Other action on the part of the city is justifiable. Mr, Nheeler moved to file the report. The motion was seconded by Mr, Dillard and adopted. REPORTS OF COMMIYTEES: NONE, UNFINISHED BUSINESS: DONATIONS-STREETS AND ALLEYS: The Council at its meeting of January 1962. having referred to the City Planning Commission and to the City Manager for study and recommendation a request of the Board of Deacons of Emmanuel Baptist Church that a public street be opened from Thirty-sixt~ Street, N. W,, westward to the church's property between the SOD and 600 blocks, the City Plannin9 Commission reported that after a study of the matter it recommends that the Council accept dedication of the property needed for the street right of way. provided the prop- erty owners accept the financial responsibility of construction of the street as provided in the clty's Subdivision Ordinance, but that it cannot recommend opening of a street Or acceptance of the land required for right of way if the city is expected to construct the street at its expense, the City Manager reporting that construction of the street as requested and provision of a connection with Church- land Road in order to prevent a dead-end street will cost approximately $19,712.50, exclusive of storm drainage and sewer facilities, and that he cannot recommend acceptance Of the offer since the expenditure of public funds needed to accomplish it cannot be justified, Mr, Dillard moved to refer the matter to a committee composed of Messrs. Roy L. Webber, Chairman, C. M. Cornell and Roy R. Pollard for study and recommenda-!i tion. The notion was seconded by Mr. Nheeler and adopted. 157 15:8 values; that the present zoned district is for single family homes or duplex structures and long-range plans of the Conuaission indicate that a more intensive use. such as apartuent buildings, will be acceptable, but that it is of the opinion that business use of the lot under consideration will be incompatible with existing land use as well as future zoning, the City Plannin9 Commission recommend- ing that the request be denied, The City Clerk advised that the Attorney for the petitioner requests 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 lq, 1962, and to direct the Attorney for the petitioner to prepare CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: The Council at its meeting of December lb, lObl, having directed the preparation of an Ordinance authorizing the making of firm offers for and acquisition of properties needed for the widening of Salem Avenue. S. W.. on the north side, between First Street and Second Street. Mr. Webber offered the following emergency Ordinance: (=14697) AN ORDINANCE providing for the acquisition of certain real estate wanted and needed by the city for the widening of Salem Avenue, S. between 1st and 2nd Streets, S. W.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 250.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Pollard, Mebber. Wheeler, Young. and the President, Mr, Anderson .......................................... 5. NAYS: Messrs. Cornell and Dillard ...... Mr. Webber then offered the folloming emergency Ordinance appropriating funds for acquisition of the property: (~1469b) AN ORDINANCE to amend and reordain Section #142. *Transfer to Improvement Fund,m of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 260.) Mr. Webber moved the adoption of the Ordinance, The motion nas seconded by Mr, WheeleF and adopted by the following vote: AYES: Ressrs, Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson ......................................... NAYS: Messrs, Cornell and Dillard .....2, MOrlO~ AND MISCELLANEOUS BUSINESS: MUNICIPAL COURT: Mr, Milbur Jo Austin, Jr** having previously submitted his resignation as a Judge of the Municipal Court. on call from the Chair. Mr. Pollard placed in nomination the name of Mr. Claude D, Carter as a Judge Of the Municipal Court to fill the unexpired term of Mr, Wilbur Jo Austin, Jr, Mr, Wheeler moved to close the nominations, The motion mas seconded by Mr. ~ebber and adopted, Mr. Claude D, Carter mas elected a Judge of the Municipal Court to fill the unexpired term of Mr. Milbur Jo Austin, Jr.. ending September 30, 1962, by the folloming vote: FOR MR. CARTER: Messrs. Corn*Il, Dillard, Pollard, ~ebber, Wheeler, Young. and the President, Mr, Anderson .............. 7. There being no further business, the Council adjourned. APPROVED 159 160: COUNCIL, REGULAR MEETING. Monday, January 29, lgb2. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Uullding, Monday, January 2g. 1962, at 2:00 o'clock, p. the regular meeting boar, with the President, Mr. Anderson, presiding, PRESENT: Ressra, Cornell. Dillard, Pollard, Webber. Mheeler. and the President. Mr. Anderson ..................... ABSENT: Mr. Youn9 ................1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Rhittleo City Attorney, Mr. Rllliam F. Cr199s, Assistant City Auditor, and Mr. J. Robert Thomas, City Clerk. D INVOCATION: The meeting was opened with a prayer by the Reverend Thomas Toler, Jr., Interim Pastor, Turner Memorial Baptist Church. MINUTES~ Copy of the minutes of the regular meeting held on January 1962, having been furnished each member of the Council, upon motion of Mr. Rheeler, seconded by Dr. Cornell and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: INSURANCE: Mr. Alexander N. Apostolou, Attorney for Mr. Nicholas P. [Munger, an agent of the Nationwide Insurance Company Agency in Roanoke, appeared before the Council and requested that Title VIII, Chapter 1, Section 2, of The Code =iof the City of Roanoke, be clarified by an amendment so as to provide that automobil !iinsurance coverage of the City of Roanoke shall be open to public bidding, Mr. :Apostolou explaining to the Council that in his opinion the section of the City iCode referred to, by reason of its wording, apparently deals only with insurance on real properties in providing that the City Manager shall retain the city's present i;blanket coverage under certain rules and regulations: advising Jhat his client, if ~permitted to furnish the city's automobile insurance policy, can save the city approximately $2,500.00 per annum: and stating that it is not proposed that the suggested amendment require that insurance be given to the lowest bidder, but rather that this be left to the discretion of the City Manager. Dr. Cornell moved to refer the matter to a committee composed of Mr. Roy R. Pollard. Sr., Chairman, Mayor Rilli$ M. Anderson, Mr. Benton O. Dillard and Mr. Arthur S. Owens for study and recommendation. The motion was seconded by Mr. Webber and adopted. Mr. Robert W. Putnam, a member of the city's Insurance Committee, appeared before the Council and stated that his committee is prepared to render all assis- tance desired by the Council committee in its assignment. PETITIONS AND COMMUNICATIONS: SENERS AN~ STORM DRAINS: The City Clerk presented a communication from iMr. Wayne D. Merricks, thanking the Council and the City Manager for the action taken to provide a drainage nell on Oaklawn Avenue, N. M., to relieve the drainage situation, and a letter frnn Mr. Albert Folden, expressing appreciation for action taken to relieve n drainage problem nn Maplelaun Avenue and Link Street, M. E, Mr. Wheeler moved to file the communications. The motion was seconded by Dr. Cornell and adopted. MUNICIPAL COURT: The City Clerk presented a communication from G. Harold Dove, protesting the appointment of Hr. Claude D. Carter as a Judge Of the Wnsicipal Court, on the basis that Mr. Carter is not qualified to serve in that capacity under the provisions of Section 1b.1-53 of the Code of Virginia. The Mayor stated that since this matter has been brought to Hr. Carter*S attention, he has not taken his seat on the Court and will not serve in that capacity until the matter is settled. Mr. Dillard moved to direct the City Attorney to furnish the Council an opinion in the matter at the earliest possible date. The motion was seconded by Mr. Wheeler and adopted. TRAFFIC: The City Clerk presented a petition of merchants on Campbell Avenue. S. E.. and Mr. F. E. Alexander, Editor-Publisher of The Roanoke Tribune, requesting that consideration be given to the establishment of a cross-walk on Campbell Avenue, between Jefferson Street and the market square. Mr. Wheeler suggested that, in considering the request, consideration should also be given to the establishment of a cross-walk on Kirk Avenue. S. between Jefferson Street and First Street. S. Mr. Webber moved to refer both matters 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. R. B. Layman, requesting that his property located on the west side of Peters Creek Road, N. at its intersection with and south of Hershberger Road. designated as Official Tax Nos. 2770101. 2770104 and 2770105, 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 Dr. Cornell and adopted. SIGNS: The City Clerk presented a communication from Pic-Way of Roanoke, Incorporated, advising that it inadvertently erected a sign on city property in front of its building at 3133 Williamson Road, N. M.. and requesting that permis- sion be given for maintenance of the said sign on city property. Mr. Wheeler moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Dillard and adopted. SIGNS: The City Clerk presented a communication from Deluxe Shoe Repair, advising that it inadvertently installed a sign on city property in front of its place of business at 3141Williamson Road, N. W., and requesting that permission be given to maintain this sign on city property. 161 162 Rr. iheeler moved to refer the request to the City Manager for atudy l and recou~eudntion. The notion man seconded by Mr. Dillard and adopted. REPORTS OF OFFXCERS: ~ RESIGNATIONS-FXRE DEPARTMENT: The City Manager reported that Mr. Joseph Allen Trent has submitted his resignation as a member of the Fire Department, effective February 1. 1962. Mr. Dillard*moved to file the report. The notion was seconded by Mr. 'iMheeler and adopted. REPORTS OF CORRITTEES: NONE° UNFINISHED BUSINESS: STREETS AND ALLEYS: The Council at its meetin9 of January O. 1962. ilhaving referred to the City Planning Commission for study and recommendation a irequest of Johnson-Carper Furniture Company. Incorporated. that a portion of iMertz Avenue, N. E., extending from its present western terminus in an easterly ildirectio~ approximately 290 feet to the intersection of Ridgefield Street; and a !certain 15-foot alley, the center line of which begins at the east side of the ~ri9ht of way of the Norfolk and Restern Railway Company's Shenandoah Valley Division. 20?.23 feet north of Mississippi Avenue, and extends N. U9o S6' east approximately 219 feet and thence N. 0° 4' west 3~S feet to the present Wertz Avenue. be vacated, discontinued and closed, and at the same time havin9 appointed coat of delivering such water and provide for the remainder of the present water rates to be · consumer*s tax on such householder for the amortization of bonds and interest thereon againat the water system, ia order that such taxes might be deductible from income in computing income taxes of socb householders, and that consideration be given to combining the Mater and Sewage Treatment Departments to provide for more efficiency in t~e operation and a better utilization of the personnel. Mr. Mebber moving to refer this matter to a committee composed of the City Attorney, the City Auditor, the City Manager and the Manager of the Mater Department for study and recommendation. The motion was seconded by Mr. Mheeler and adopted, Messrs. Cornell and Dillard votin9 no. There being no further business, the Council adjourned. APPROVED 163 164 COUNCIL, REGULAR MEETING, Monday, February 5, 1q62. The Council of the City of Roanohe met ia regular meeting iff the Council Chamber ia the Municipal Building, Monday, February 5, 1962, at 2:00 oOclock, p. the regular meeting hour, with the President. Mr. Anderson, presiding. PRESENT: Messrs, Cornell. Dillard. Pollard. Mebber. Rheeler. Young. and the President. Mr. Anderson .............. 7. ABSENT: None ...................... O. OFFICERS pRESENT: Mr. Arthur S, Owens, City Manager. Mr. Randolph G. Mhittie. City Attorney, Mr. Wi/i/am F. Griggs, Assistant City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend F. Oouglas Dillard. Associate Pastor. Greene Memorial Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on January 29, 1962, having been furnished each member or the Council, upon motion of Mr. Mheeler, seconded by Mr. Pollard and adopted, the reading Has dispensed with and the minutes approved as recorded. REARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: AIRPORT: The City Clerk presented a communication from the 0373rd Air Recovery Group. requesting that the city make available to the United States Air Force an area of land containing approximately three acres and located on the Municipal Airport for use by the Air Force Reserve Squadron located in Roanoke. Colonel E. Roward Uammersley. Commander of the O373rd Group. appeared before the Council and advised that the space requested is necessary to maintain the Squadron located in Roanoke on an active basis. Mr. Mheeler moved to refer the request to the Airport Committee for study and recommendation. The motion was seconded by Mr. Young and adopted. STREETS AND ALLEYS: The City Clerk presented a petition from residents of the 900 block of Rockland Avenue, N. M., requesting that the Council consider paving that street. Mr. Young moved to refer the request to the City Manager for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. ZONING: The City Clerk presented a request of Concrete Ready Mixed Corporation that l?.6 acres of land located between Mulberry Street and Miller Street, N. W., at the corporate limits, designated as Official Tax No. 2?20104, be rezoned from General Residence District to Heavy Industrial District. Mr. Nheeler moved to refer the request to the City Planning Commission for study and recommendation. The notion was seconded by Mr. Young and adopted. ZONING: The City Clerk presented a request of Dr. John O. Ooyd, Jr., that his property located .on the north side of McClanahan Street. S. W.. between Crystal Spring Avenue and Rosalind Avenue, described as Lots 1-4. Inclusive. Block 50, Crystal Spring. Official Tax No. 1040904. 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 Hr. Pollord and adopted. SCHOOLS: The City Clerk presented a communication from the Forest Park Parent-Teacher Association, requesting that a kindergarten be established at Forest Park School for the benefit of pre-school children. Mr. Webber moved to refer the request to the School Board. The motion was seconded by Rt. Wheeler and adopted. LEGISLATION-ROANOKE VALLEY: The City Clerk presented a communication from the Honorable M. Coldwell Butler, member of the Douse Of Delegates of the General Assembly of Virginia. advising that he has offered a bill in the General Assembly to create a Roanoke Metropolitan Area Commission to study and make recommendations concerning the most efficient governmental operation for the Roanoke Valley and requesting that the Council, by Resolution. support the bill. Mr. Young moved to direct the City Attorney to prepare a Resolution supporting the bill for consideration of the Council after it has had an opportunity to study the proposed bill and further to direct the City Clerk to furnish each member of the Council o copy Of the bill. The motion was seconded by Mr. Pollard and adopted, Bessrs. Dillard and Wheeler voting no. REPORTS OF OFFICERS: PURCItASK OF PROPERTY-SCHOOLS: The City Manager submitted an offer of Mr. C. L, Wertz to convey to the city a tract of land containing 1,707 acres lying on the south side of Salem Turnpike, N, N,, adjoining FaJrvJew Elementary School, at a price of $10,O00.00, and advised that insofar as he knows there is no need of the property for city purposes and due to a limitation of funds he cannot recommend the purchase thereof. Mr. Dillard moved to decline the offer. The motion was seconded by Mr. Wheeler and adopted. MERCHANTS-DORNTOWN ROANOKE, INCORPORATED: The City Manager submitted a request of Associated Advertising of Roanoke, Incorporated, On behalf of Downtown Roanoke, Incorporated, for permission to paint two-foot red hearts on all downtown Roanoke sidewalks, approximately 25 feet apart, in connection with a promotion effort of downtown merchants during the month of February, Mr, Webber moved to concur in the request and to direct the City Attorney to prepare a Resolution granting the necessary permission. The.motion was seconded by Mr, Young and adopted. 165 166 and requested that the Council appropriate $170.00 for this purpose, Mr. Mebber moved to concur in the request of the City Manager and offered the following emergency Ordinance appropriating the necessary funds: (~14699) AN ORDINANCE to amend and reordala Section n62, #Fire Department !of the 1962 Appropriation Ordinance, and providing for aa emergency. (For full text of Ordinance. see Ordinance Book No, 25, page 261,) Mr, Mebber ~oved the adoption of the Ordinance. Yhe motion was seconded by Mr, Mheeler and adopted by the following vote: AYES: Messrs. Corneil, Dillard, Pollard, Mebber, Mheeler, Young, and the President, Mr. Anderson ............... ?. NAYS: None .....................O. SIDEWALK. CURB AND GUTTER: The City Manager submitted a tabulation of bids received for construction of concrete curb. gutter and sidewalk at various locations in the city. showing the bid of Hartman Construction Company and A. D. , Alford, the only bid received, in the amount of ~97,§00.00, and recommended acceptance thereof. Mr. Mebber moved to concur in the City Manager's recommendation and offered the following emergency Ordinance: (~14700) AN ORDINANCE accepting the proposal of Hartman Construction Company and A. D. Alford for construction of concrete curb and gutter and concrete , sidewalk; authorizing the proper City officials to execute the requisite contract; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 261.) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded iby Mr, ~heeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, ~ebber, Mheeler, Young. and i! the Pre sident, Mr, Anderson ............... 7. NAYS: None .....................O, STREETS AND ALLEYS: The City Manager submitted a tabulation of bids received for paving of various streets in the City Of Roanoke. showing the bid of Virginia Asphalt Paving Company. Incorporated. in the amount of $144.292.00. as low, and recommended acceptance of the same. Mr. Young moved to concur in the recommendation and offered the following emergency Ordinance: (z14701) AN ORDINANCE accepting the proposal of Virginia Asphalt Pavin9 Company, lac., for paving of streets; 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 Uooh No. 25, page 262.) Mr. Young noved the adoption of the Ordinance. The motion Mas seconded by Hr. Wheeler and adopted by the following vote: AYES: WessFso CoFnell, Dillard, Pollard, Webber, Kheelero Young, and the President, Hr. Anderson ............... NAYS: None .....................O. i' SE~ERS AND STORM DRAINS-PARKS AND PLAYGROUNDS: The City Manager submitted a tabulation of bids received for construction of a concrete box culvert in Washing~ ton Park, showing the bid of Hudgins and Pace. in the amount of $2S,517,36, as Iow. and recommended acceptance of the same. Mr. Wheeler moved to concur in the recommendation and offered the following emergency Ordinance: (~14702) AN ORDINANCE acceptin9 the proposal of Hudgins ~ Pace for proposed extension of concrete double box culvert in Washington Park; authorizin9 the proper City officials to execute the requisite contract; rejecting all other bids; and providin9 for an emergency. (For full text of Ordinance, see Ordinance Pooh No. 25. pare 263.) Wro Wheeler moved the adoption of the Ordinance. Yhe motion was seconded by Wr, Webber and adopted by the following vote: AYES: Hessrs. Cornell, Dillard. Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ............... NAYS: None .....................O. ZONING-PARKS AND PLAYGROUNDS-INDUSTRIES: The City Manager presented a tabulation of bids received for street construction and appurtenant work on ~ertz Avenue and Pearl Avenue, N. E., west of Uollins Road, showing the bid of Hartman Construction Company, in the amount of $25,015.60, as low, and recomaended accep- tance of the same. Wr. Pollard moved to concur in the recommendation and offered the following emergency Ordinance: (~14703) AN ORDINANCE accepting the proposal of Hartman Construction Company for construction of bituminous pavement, concrete curb and gutter, sidewalk and other appurtenant work in connection with the improvements of Mertz and Pearl Avenues, N. £.; authorizing the proper City Officials to execute the requisite contract; rejecting the other bid; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 264.) Wt. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: ..1.67 ~,68 AYES: aessrs. Cornell. Dillard, Pollard, Nehber, Mheeler, Young, and the President, Mr, Anderson .............. ?, NAYS: None ....................0, SIGNS: The City Ranager reported that he has investigated the request of Deluxe Shoe Repair that it be permitted to maintain a sign on city property in front of 3141Mililamson Road, N. M.; that the sign was erected mJthout a permit; and that had such u request for a building permit been made the request mould have been refused, the City Manager advising that the Building Commissioner discovered the violation in a routine inspection and that in his opinion no public safety hazard Mill result frOm maintenance of the sign as installed. Mr. Dillard moved to direct the City Attorney to prepare a Resolution granting a permit to Deluxe Shoe Repair to maintain the sign as installed, The motion was seconded by Mr. Young and adopted, SIGNS: Yhe City Ranager reported that he has investigated the request of Pie-May of Roanoke, Incorporated, that it be permitted to maintain a sign on city property in front of 3133 Williamson Road. N. W., Mhich investigation disclosed that a permit was issued for construction of the sign on private property but that the sign was erected on city property and discovered by the Building Commissioner upon inspection, the City Manager advising that he can see no public safety hazard if the sign remains as installed. · r. Dillard moved to direct the City Attorney to prepare a Resolution granticg permission to Pic-Way of Roanoke. Incorporated. to maintain the sign on city property as installed. The motion was seconded by Mr. Young and adopted. TRAFFIC; The City Manager reported that he has studied the petition of a number of business people for establishment of a crosswalk on Campbell Avenue, $. W., between Jefferson Street and the Market Square, and, also. the question of establishing a crosswalk on Kirk Avenue, S. W., between Jefferson Street and First Street, and advised that the practice of crosswalks in the middle of city blocks is dangerous; that there is no provision either in the state statutq or city Ordinances for such crosswalks; that each individual request must be examined on its merits; and that a survey of the situation by the Traffic Engineer- ing and Communications Department indicates there is no teed for establishment of a crosswalk at either of the locations, the City Manager recommending against the establishment thereof. Bt. Dillard 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 Welfare for the month of December. 1961. and reported Other departmental reports on file in his office. Mr. Dillard moved to file the report. The motion wan seconded by Bt, Pollard and adopted. MUNICIPAL COURT: In compliance with a request of the Council at its meeting of January 2go 1962. the City Attorney submitted an opinion, advising that the appointment of Mr. Claude D. Carter as a Judge of the Municipal Court does not meet the requirements of the pertinent sections of the Code of Virginia. in conse- quence of which Mr. Carter cannot serve as such Judge. The Mayor then presented to the Council a letter from Mr. Carter. advising that in view of the City Attorneyts opinion he wishes to resign as a Judge of the Municipal Court for which position he has qualified, but has not taken his seat on the said Court. Mr. Dillard moved to file the opinion of the City Attorney. The motion was seconded by Mr. Rheeler and adopted. Mr. Dillard then moved to accept the resignation of Mr. Carter with sincere regret. The motion was seconded by Mr. Pollard and nd,pred. REPORTS OF COMMITTEES: CITY PROPERTY: The Council at its me*tin9 of January 22, 1962. having directed a committee composed of Messrs. Arthur S. 0~ens, Chairman, Do Cie*us Broyles and Merner E, Sensbach to study all city-owned property and submit to the Council a list of such properties which might be suitable for location of a state office building, the committee submitted its report, lis*in9 sixteen properties owned by the City of Roanoke which might be suitable for the purpose. Mr. Young moved to refer the matter back to the same committee, directing that it make a study of privately owned properties which might be suitable for construction of the proposed state office building and submit to the Council a confidential report thereof. The motion was seconded by Dr. Corn*Il and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS HEALTH DEPARTMENT: The City Clerk reported that Mrs. Margaret S. ~hittake~. Mr. Thomas P. Parsley and Mr, G, Frank Clement have qualified as members of the Housing and Hygiene Hoard for terms of two years each beginning February 1, 1962. Mr, Mheeler moved to file the report. The motion was seconded by Mr. Pollard and adopted. ELECTION OF OFFICERS: The City Clerk reported that there are two vacan- cies on the Roanoke City School Board by reason of the resignation Of Mr. John M, Eure and Dr. L. C. Downin9 for unexpired terms ending June 30. 1963; a vacancy for City Auditor by reason of the retirement of Mr. Ilarry R. Fates on January 2D. 1962. for an unexpired term ending September 30, 1962; and a vacancy for a Judge in the Municipal Court by reason Of the vacation of the seat to which Mr. Claude D, Carter had been appointed for an unexpired term ending September 30, 1962. 1'69, 170 On call from the Chair, Mr, Mbeeler placed in nomination the anne of Mr, J, Robert Thomas for City Auditor to fill the unexpired tern of Mr. Harry R, Yates, retJredt ending September 30, 1962o There being no further nominations, the Chair declared ~he nominations closedo Mr. J. Robert Thomas ams elected City Auditor to fill the unexpired term of Mr. Harry R. Yates, retired, ending September 30. 1962. by the following vote: FOR MR, THORAS: Messrs. CoFaell. Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr, Anderson ............. The Mayor stated that there will be a vacancy tn the office of City Clerk ns soon as Mr, Thomas qualifies for the office of City Auditor, at which time he will resign as City Clerk, and called for nominations to fill that vacancy, Mr. Dillard placed in nomination the name of Miss Virginia L. Shaw for City Clerk to fill the unexpired term of Mr. J. Robert Thomas, resigned, ending September $0, 1962. There being no further nominations, the Chair declared the nominations closed. Miss Virginia L. Shaw was elected City Clerk to fill the unexpired term of Mr. J. Robert Thomas. resigned, ending September 300 1962, by the following vote FOR MISS SHAW: Messrs. Corn,Il. Dillard, Pollard. Webber, Wheeler. Young, and the President, Mr. Anderson ............ On call from the Chair, Mr. Pollard placed in nomination the name of Colonel B. B. Albert. Sr.. as a member of the Roanoke City School Board to fill the unexpired term of Mr. John M. Eure, resigned, endin9 June 30. 1963. There being no further nominations, the Chair declared the nominations closed. Colonel B. B. Albert. Sr.. was elected a member of the School Board to fi] the unexpired term of Mr. John ~. Kate, resigned., ending June 30, 1963. by the following vote: FOR COLONEL ALBERT: Messrs. Corn. Il, Dillard, Pollard, Mebber, Rheeler, Young, and the President, Mr. Anderson ........... 7. There being no further business, the Council adjourned. APPROVED COUNCIL. REUULAR REEVING, Monday. February 12, 1962. The Council of the City of Roanoke met in regular ace,lug in the Council Chamber ia the Municipal Building, Monday. February 12, 1962. 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. ABSENT: None ......................O. OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr, Randolph G. Rhittle, City Attorney. Mr. J. Robert Thomas, City Auditor. and Miss Virginia L. Shaw, City Clerk. IN¥OCATION: The meeting was opened with a prayer by the Reverend Harold S. Moyer, Pastor, Williamson Road Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on February 5, 1962, 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. BEARING OF CITIZENS UPON pUBLIC MATTERS: PARKS AND PLAYCROU~DS-SCBOOLS: A delegation of representatives of the Patrick Henry High School Boosters Club appeared before Council, with Mr. Harry p. Dhue. President, acting as spokesman, and requested permission to contribute the funds necessary to complete the track, football and baseball fields and related locker and shower facilities at Patrick Henry High School, Mr. Dhue advising that it is the understanding of the Club that there are not sufficient city funds to complete these facilities at this time and that in an effort to secure said facilities without undue delay the group has secured voluntary cash contributions in excess of $3,500.00 and the offer of considerable material and labor towards the actual construction. Mr. Mheeler moved that Council approve the request and that the matter be referred to the City Attorney for preparation of the proper Resolution. The motion was seconded by Mr. Pollard and unanimously adopted. PETITIONS AND COMMUNICATIONS: TAXES-STREETS AhO ALLEYS: A communication from Wrs. E. D. Rowery, gOO Westside Boulevard. N. W., objecting to the utility tax and expressing the opinion that some of the revenue therefrom should be spent on improving hen.side Boulevard. mas before Council. Dr. Cornell moved that the request he referred to the City Manager for study and recommendation. The motion was seconded by Mr. Dillard and unanimously adopted. 171 ELECTIONS: A communication from #r, T, Houard Royer, Chairmsn of the Roanoke City Electoral Honrdo recommending that the boundary lines of Raleigh Court Precincts Nos. 3, 4, 5 and 6 be changed in order to facilitate voting and to equalize the voter load in these precincts, and that the voting places for Raleigh Court Precincts Nos. 4 and S be changed from Hippert Radio-Television Service. 1504 Grandln Road, S. #., and Dairy Fountain, 192g Carter Road, S. to Patrick Henry High School and Raleigh Court Elementary School, respectively, mas before Council. Mr. Dillard expressed the opinion that Raleigh Court Precinct No. 4 should be changed to Patrick Henry Precinct and moved to refer the matter back to the Electoral Hoard to make a study of changing the numbered precincts from numbers to names. The notion was seconded by Dr. Cornell and lost by the follomin vote: AYES: Hessrs. Cornell, Dillard and Pollard .............................3. NAYS: Messrs. Webber, Wheeler, Young. and the President. Mr. Anderson--4 In this connection, Mrs. Nell C. Irvin. Registrar. appeared before Council and explained the changes in the boundary lines of the above precincts. Mrs. Irvin pointing out that the voting places are being changed to city property in an effort to save the city the cost of renting voting places. Mr. Webber moved that Council concur in the request of the Electoral Hoard and offered the following emergency Ordinance: (~14704) AN ORDINANCE to amend and reordain Sec. 32. 'Raleigh Court Precinct No. 3'. Sec. 34. 'Raleigh Court Precinct No. 4'. Sec. 35. 'Voting place in Raleigh Court Precinct No. 4'. Sec. 36. 'Raleigh Court Precinct No. Sec. 37. *Voting place in Raleigh Court Precinct No. 5' and Sec. 30. 'Raleigh Court Precinct No. 6* of Chapter 2. 'Precincts and Voting Places* Of Title 'Elections' of The Code of the City of Roanoke, 1955; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 265.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Youn9 and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............... NAYS: None .....................O. ZONING-SETBACK LINES: A communication from the City Planning Commission, recommending that a setback line varying from approximately H to 2~ feet starting from the existing right of way he established on Hrandon Avenue. S. W., from Franklin Road to Colonial Avenue, was before Council. On motion of Mr. Young, seconded by Mr. Wheeler and adopted, the City Attorney was instructed to prepare proper notice of a public hearing on the matter to be held at 2:00 o'clock, p. m., March 12, 1962, Mr. Webber not voting. REPORTS OF OFFICERS: SERERS AND STORM DRAINS: The City Ranager subwitted a written report, together with a list of the following drainage wells to be drilled in the Rilllam- son Road area with the $30o000.00 previously appropriated for this purpose; Ravenwood Avenue between Richland and Greenlawn Avenues; 2. Complete the well at Churchill Drive and iutgers Avenue; 3. Eden Drive at Yorkshire Drive; 4. Eden Drive at Cornell Drive; 5. lOth Street between Round Ilill and Billcrest Avenues; b. Huntington Boulevard just nest Of Milliamson Road; 7. Pioneer Avenue just east of Rilliamson Road; B. Angell Avenue Just east of MJlllemson Road; 9. Flemin9 Avenue just east of ~illiamson Road; IO. Triflkle Avenue Just east of Ritliamson Road; and 11. In low area near Christian Street northwest of Oakland Boulevard~ and 12. Ilershberger Road just east of Williamson Road; and 13. Thurston Avenue and ~illiamson Road. 0fl motion of Mr. Young. seconded by Dr. Cornell and unanimously adopted. the list was approved. PAY PLAN: The City Manager submitted the following report with referencei to certain changes in the Pay Plan: #1. After a conference with our job consultant. I would like to present to you a proposal that he has out- lined, in which I concur. It is presented to you verbatim. 'Salary schedules for the uniformed services, radically different from the previous sched- ules, Mere adopted in lgbl without providing administrative means to maintain all relative differentials existing under the administra- tion of the old, four-step schedules. The new schedules came into full effect January 1, 1962 and produced several con- ditions, involving promotions during lgbl in both departments, which need administrative correction. I therefore request specific authority to approve equalizing rate adjustments effec- tive January 1, 1962 under the provisions of paragraph 5. (f) without prejudice to further actions on the individual anniver- sary dates established by these promotions.' 2. Included in the budget are provisions for an employee in the Street Signs and Markings Account and one ia the Street Cleaning Account; however, a budget amend- ment is necessary, in order to provide payment of these employees in the proper brackets. I am presenting a resolution approving increases in salaries and wages into the management control rates under the pay plan. as provided in the ordinance, which was included in the budget presentation but offi- cial action was not accomplished by Council. "1,73 '174 4. X am presenting to you several adjustments In the language of the budget, none of mhich require additional appropria- tions but rather authority; and I believe that it mould be mise to recommend to you that me amend Ordinance No. 14300, adopted on the 3rd day of January. 1961, Section I0 K-3. Page I0. by deleting the words' in the same or reasonably similar classification.' Also. change the ?. 10, 12, IS year service to 4. 6. 0. 10 year. This will remove both an interpretation and hardship clause, mhich I do not think Council Intended. In this connection, the City Manager submitted a verbal report that Item No. I can be carried out administratively, In a discussion of the Pay Plan, Mr. Dillard voiced the opinion that city employees should automatically be given the raises when they are entitled to them, to which Mr. Mebber replied he feels certain the City Manager rejects very few of the raises recommended by department heads. In a further discussion of the Pay Plan, Dr. Cornell moved that a committee composed of Messrs. Dillard, Pollard and Mayor Anderson be appointed to study Pay Plans in effect in other cities. Mr. Dillard stating that he cannot accept appointment to this committee because he would like to abolish the Pay Plan of the City of Roanoke forthwith, Dr. Cornell withdrew his motion. After considerable discussion of the matter, Mr. Webber voicing the opinion that if the Pay Plan had not been in effect for the past six years, city employees would be making a lot less than they are making no~, moved that Council concur in the report of the City Manager and offered the following emergency Ordinance carrying out the recommendations of ~he City Manager in Item No. (~14705) AN ORDINANCE to amend and reordain Section ~02, "Street Signs and Markings." and Section ~96, "Street Cleaning," of the 1962 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25. page 26?.) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. ~ebber, Rheeler. Young. and the President. Mr. Anderson ............... NAYS: None .....................O. Mr. Pollard offered the following Resolution provided for in Item No. 3: (=14706) A RESOLUTION approving increases in salaries and wages into management control rates nnder the Pay Plan, Ordinance No. 14300, as recommended by the City Manager. (For full text of Resolution, see Resolution Book No. 25, pa~e Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the follo~ing vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, ~heeler, Young, and the President, Mr. Anderson ............... NAYS: None .....................O. On motion of Mr. Webber, seconded by Mr. Pollard and adopted. Item No. 4 vas referred to the City Attorney for preparation of the proper Ordinance. TRAFFIC: Council during its budget study sessions having referred bach to the City Manager for further consideration a request of property owners on Oullitt Avenue, S. E** between Seventh Street and Ninth Street, that a traffic light be installed at the intersection of Builltt Avenue and Eighth Street, the City Manager submitted a written report, advising that with the funds provided in the 1962 budget the only thing he can possibly do is to keep up and improve existing traffic con- trois without much thought of enlargement and that there is nothing in the traffic records that justifies signalizing this intersection. On motion of Mr. Mheeler, seconded by Hr. Young and unanimously adopted, the report ems ordered filed. MATER DEPAR?RENT: The City Manager submitted a written report, together with a tabulation of bids received for miscellaneous snail area improved hard surface street and sidewalk restoration occasioned by the normal daily operations Of the Mater Department, showing the bid of Adams Construction Company, in the amount of $26,615.50. as low. and recommended that the proposal of Adams Construc- tion Company be accepted. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=14707) AN ORDINANCE accepting the proposal of Adams Construction Company for performing miscellaneous small area improved hard surface street and sidewalk restoration; authoriziqg the proper City officials to execute the requisite contract; rejecting the other bid; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 25, page 269.) Mr. Mheeler 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. ZONING-PARKS AND PLAYGROUNDS-INDUSTRIES: Council at its meeting of December I0. 1961. having directed the City Manager to negotiate with property owners for the purchase of a tract of land lying between Bluestone Avenue and Wilkes Road, N. E., ~ith the idea of acquiring this land for park purposes, in lieu of Jordan Park, the City Manager submitted a written report, advising that he has isecured options on three tracts of land, viz: a 4.0 acre tract, Official Tax No. i3250506, owned by W. Eo and Ethel W. Blevins, ~d,O00.O0; a 2.O acre tract, Official Tax No. 3240505, owned by W. T. and Laura L. Hylton, $1,600.00; and a 1.21 acre tract, including house, Official Tax No. 3250229, owned by Trigg D. and Ollie Burnette, $6,000.00, the City Manager votcin9 the opinion that this will serve as an excellent park for the area and that he does not think the city should let this land be lost as areas in this entire section which could be used for park purposes are very limited. 175 176 Mr. Dillard voiced the opi~ion that a committee should be appointed to study the matter and moved that the Mayor appoint a committee of three ~o' study the question and report back to Council. The motion mas seconded by Dr. Cornell and unanimously adopted, LEGISLATION-STATE IIIGHNAYS: The City Manager submitted a written report, together with a communication from Mr. Norman M. Woods, advising that the business of Roods Brothers Coffee Company, Incorporated. is being displaced by Interstate Spur 501 and that under present Virginia law a lessee or rentor is not allowed compensation for moving from leased property, Mr. Woods pointing out that Senator William D. Ilopkins has introduced a bill in the General Assembly to correct this inequity and requesting Council to pass a Resolution endorsing this measure. Mayor Anderson stating that it is his understanding tb~ bill introduced by Senator Hopkins is to be made a part of another bill, Mr. Wheeler mo~ed that the matter be carried over. The motion was seconded by Mr. Dillard and unanimously adopted. AIRPORT: The City Manager submitted a written report that it is deemed advisable for the City of Roanoke to acquire, as soon as possible, the necessary land for the extension of Runway 15-33. together with sufficient land to satisfy the clear zone requirements at each end of the Runway. and also to acquire addi- tional land on the west end of Run~ay 5-23, which'will satisfy requirements rela- tive to instroment landing, at a total estimated cost of $260.000.00, the City Manager recommending that this matter be referred to lhe Airport Committee for study and recommendation as to whether these items should be the city*s next Federal Aid Project. On motion of ~r, Wheeler, seconded by Mr. Young and unanimously adopted, the matter was referred to the Airport Committee for study and recommendation. BRIDGES-STATE HIGDNAYS-STREETS AND ALLEYS: The City Manager submitted a written report, recommending that he be authorized to initiate Federal Aid Urban Projects for the widening and channelizing of Williamson Road (Route 11) and Orange Avenue (Route 460) intersection, at a total estimated cost of $275,0OO.00, of which the cityOs share will be $60,750.00; widening and improvement: on Franklin Road from the Norfolk and Nestern Underpass to a point approximately 1200 feet south of Beechwood Drive, at a total estimated cost Of $200,OOO.00, Of which the city's share will be $50,000.00; and the construction of Elm Avenue Bridge, S. E.. (new Virginia Route 24) over Norfolk and WesternTracks and over Interstate 501 including approaches from Jefferson Street on the west to ?th Street on the east. at a total estimated cost of $1.OOO,000.O0, of which the city*s Share viii be $250,O00.O0. In this connection. Mr. H. Cletus Broyles, City Engineer, and Mr. J. D. Sink, Superintendent, Traffic Engineering and Communications. appeared before Council and explained the proposed projects. In a discussion of the matter, Mr. Wheeler questioned the project for the mldening of Franklin Road, stating that instead of adding to the existing four lanes the additional width will be taken up bi a 12-foot median and sidewalks, Wt. Wheeler voicing the opinion that there are other projects in the city which are more Important. Dr. Cornell expressed the opinion that instead of carrying out the three projects, Whlt~sJde Houlevard, N. W.. can be extended as a by-pass around downtomn Roanoke at a much lower cost. Hr. Dillard protested that the projects will eventually increase the tax Fate faf the citizens of Roanoke. Mayor Anderson observed that the City of Roanoke is faf behind other cities in projects of this nature. Mr. Webber stated that the people of Roanoke have indicated a desire for these projects and that he does not feel the finaflcin9 thereof will present any probiem if handled correctly. Rt. Pollard pointed out that the city has been trying to.obtain a plan. After a lengthy discussion of the question, Messrs. Cornell and Di,~ard protestin9 that the projects should be submitted to the people in a referendum, Council. The motion was seconded by Mr. Wheeler and unanimously adopted. REPORTS OF COMMITTEES: STREETS AND ALLEYS: Council at its meeting of November 27. 1961. havin9 referred to a committee composed of gessrs. Arthur S. Owens. Chairman. Randolph G. of Brambleton Avenue. S. W., at Red Rock Road, abutting his property, described as Lots 13. 14 and 15, Block 5, Corbieshaw Map. the committee submitted its report, expressing the belief that the proper procedure will be to request that the strip of land. ~hich was formerly a city street, be vacated, discontinued and closed. Wt. Dillard moved that Council concur in the report of the committee. Howard Bustin Sackett and Boris Lovell Sackett, appeared before Council and pre- discontinued and closed and that tie.ers be appointed to vie~ the said strip of Mr. King emphasizing that time is of the essence in this matter. Mr. Dillard moved that the request be referred to the City Planning Commission for for study, report and recommendation and that.a public hearing on the ~atter be set , 2:00 o'clock, p. ~., garch 12, 1962. The motion was seconded by Rr. Wheeler and ,I77 .17.8 Mr. Wheeler offered the following Resolution providing for the appoint- ment of vi,u,rs: (#14700) A RESOLUTION providing for the appointment of five freeholders. any three of whom may act. as vieuers in connection with the petition of Howard Dustin Sockets and Doris L,veil Sachets to permanently vacate, discontinue and close that piece or parcel of land in the City of Roanoke embraced in Sweetbrier Avenue, S. R., as shown by the Rap of Corbieshaw. property of CorbJeshaw Invest- ment Corporation, and more particularly hereinafter described. (For full text of Resolution, see g,solution Book No. 25. page 270.) Hr. Wheeler moved the adoption of the Resolution. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Messrs. Corneil, Dillard, Pollard. Webber, Wheeler, Young, and the President, Mr. Anderson ................... 7. NAYS: None ............................. O. CITY PROPERTY: Council at its meeting of February 5, 1962, having referred back to a committee composed of Messrs. Arthur S. Owens, Chairman, tl. Cletus Broyles and ~erfler K. Sensbach the question of a site for a proposed state office building, with the direction that the committee make a study of privately-owned properties which might be suitable for construction of the proposed state cffice b~ilding and submit a confidential report thereon to Council, the committee submitted its report, together with a map and list of six privately- owned parcels of land for the confidential perusal of Council. Dr. Cornell moved that Vice Rayor Mheeler, and any other member of Council ~ho may desire to do so. be requested to appear before the committee considering the matter in Richmond and to request, on behalf of Council, that the appropriation in the state budget for planning of a state office building be approred, pointing out the reasons why this is desirable for the City of Roanoke. and pledging the cooperation of Council. The motion was seconded by Rt. Pollard and unanimously adopted. WATER DEPARTMENT: Council at its meeting of January B, 1962, having referred to a committee composed of Messrs. Benton O. Dillard, Chairman, Roy L. Mebber, Walter L. Young and Arthur S. Owens for study and recommendation a request from the Twon of Yinton for an expansion of its water service area to include a new subdivision on the lands of E. R. Bush, north of Virginia tlighway No. 651. the committee submitted its report, recommending that the request of the Town of Vinton be concurred in. Mr. Dillard moved to concur in the recommendation of the committee and offered the f,Il,win9 Resolution: (~14709) A RESOLUTION amending Resolution No. 12159, which conditionally authorizes the Town of Yinton to resell surplus water purchased from the City's Water Department to certain parties residing beyond the corporate linlts of said ii Town, by adding a new section, viz.: No. 7, thereto, (For full text of Resolution. see Resolution Book No. 25. page 272.) Mr. Dillard moved the adoption of the Resolutioo. The motion was seconded by Mr. Mheeler and adopted by the following rote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............... NAYS: None .....................O. STREETS AND ALLEYS: Council at its meeting of January 22, 1962, having referred to'a committee composed of Mr. Roy L. Webber, Chairman, Dr. Charles M. Cornell and Mr. Roy R. P~llard for study and recommendation a request of the Emmanuel Baptist Church that a public street be opened from Thrity-sixth Street, ~. W.. to the Church*s property, the committee submitted its report, recommending that the necessary land for a 30-foot street be accepted and that the city grade. fill with stone, and top surface treat the street, the expenditure not to exceed $2,000.00 for the entire project. Dr. Cornell moved that Council accept the report of the committee and that the matter be referred to the City Attorney for preparation of the proper Ordinance carryin9 out the recommendations of said committee. The motion was seconded by Mr. Dillard and unanimously adopted. UNFINISHED BUSINESS: ZONING: Council at its meeting of January 29, lqb2, having referred to the City Planning Commission for study and recommendation a request of Mr. R. B. Layman that his property located on the west side of Peters Creek Road, N. at its intersection with and south of Hershberger Road, designated as Official Tax Nos. 27T0101, 2770104 and 2770105, be rezoned from Special Residence District to Business District, the City Planning Commission submitted its report, advising that the Commission has considered the rezoning request and concluded that the site under consideration will be well suited for commercial development, such as a gasoline service station, and that it will not be detrimental to the surroundin9 residential properties, the Commission recommending that the rezoning request be granted. Mr. Rheeler moved that a public hearing on the matter be held at 2:00 o'clock, p. m., March 12, 1962. The motion was seconded by Mr. Dillard and unanimously adopted~ GRADE CROSSINGS-STREETS AND ALLEYS: Council at its meeting of October 16, 1961, having referred to the City Plannin9 Commission for study and recommenda- tion a request of Mr. Ralph A. Glasgow that the City of Roanoke take action to establish a roadway and railway crossing over the tracks of the Norfolk and Western Railway Company as an extension of Roanoke Avenue, S. W.. as an ingress and e~ress to his property lying between the Norfolk and Western Railway Company's right of way and Roanoke River, at the westerly end of Roanoke Avenue. the City Planning Commission submitted its report, advising that it is the conclusion of the Planning Commission that there is no objection from the viewpoint of city "179 ~80 plannisg in regard to the opening of the street as well us the establishwent of the railway crossing over the tracks of the Norfolk and Nestern Railway Company, but that since the accomplishment of these projects entails the involvement of legal interpretations, the Commission feels that it is not in a position to advise in this matter. In this connection, Mr. Glasgow appeared before Council and insisted that the city has a moral obligation to extend the street, so that the railway company will be forced to construct a crossing over its tracks, OF else remove his property from the tax books. After a discussion of the question, the City Attorney voicing the opinion that the matter is one between the property owner and the Norfolk and Western Railway Company, WFo Dillard moved that the matter be referred to the City Attorney for study and report to Council as to the city*s responsibility in the matter, if any. The motion was seconded by Mr. Wheeler and adopted, Mr. Young not voting. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AN~ CONSIDERATION OF ORDINANCES AN~ RESOLUTIONS: LEGISLATION-ROANOKE VALLEY: Council at its meeting of February 5, 1962, having directed the Cit) Attorney to prepare a Resolution endorsing a bill in the t:ouse of Representatives of the General Assembly providing for creation of a Metropolitan Area Commission for the Roanoke Valley, the City Attorney prese*tted same. On motion of Mr. Dillard. seconded by Mr. Wheeler and unanimously adopted, the Resolution was tabled. MERCDANTS-OONNTO~N ROANOKE, INCORPORATED: Council at its meeting on February 5. 1962. having directed the City Attorney to prepare a Resolution granting per- mission to Downtown Roanoke. Incorporated. and its agent Associated Advertising of Roanoke, Incorporated, to paint two-foot red hearts on all downtown sidewalks approximately twenty-five feet apart in connection with a promotion effort of the downtown merchants, the City Attorney presented same; whereupon. Mr. Wheeler offered the following Resolution: (g14710) A RESOLUTION granting permission to Downtown Roanoke, Incorporated. to cause to be painted two-foot red hearts on all downtown sidewalks approximately twenty-five feet apart. (For full text of Resolution. see Resolution Book No. 25. page 273.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Wessrs. Cornell. Dillard, Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson ................... 7. NAYS: None .............................. O. SIGNS: Council at its meeting of February 5, 1962, having directed the City Attorney to prepare a Resolution permitting Pic-Way of Roanoke. Incorporated, to maintain a sign on city-owned property in front of its place of business at 3133 Wllllnmson Road. N. W.. the City Attorney presented same; mhereupon. Mr. Wheeler offered the folloming Resolution: (~14711} A RESOLUTION granting n pernit to Plo-Way Roanoke. Inc.. to maintain a sign heretofore installed on City property. (For full text of Resolution, see Resolution Book No. Mr. Wheeler noted the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the followln9 vote: AYES: Ressrs. Cornell. Dillard. Pollard. Nebber. Rheeler. Young. and the Pr~sidento Rt. Anderson ............... ?. NAYS: None .....................O. SIGNS: Council at its meeting of February 5. 1962. having directed the City Attorney to prepare a Resolution 9ranting a pernit to Deluxe Shoe Repair to maintain a sign on city-owned property in front of its place of business at 3141Mitliamson Road. N. W.. the City Attorney presented sane; ~hereupon, Rr. gheeler offered the following Resolution: (#14712) A RESOLUTION 9ranting a permit to ¥ictor C. Schafer. trading as Deluxe Shoe Repair. to maintain a sign on City property. (For full text of Resolution. see Resolution Book No. 25. page 2?4.) Mr. gheeler 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, gheeler. Young. and the President. Mr. Anderson ............... NAYS: None .....................O. ROTIONS AND RISCELLANEOUS BUSINESS: CITY AUDITOR-CITY CLERK: The qualification of gr. J. Robert Thomas as City Auditor to fill the unexpired term of gr. Barry R. Yates. retired, ending September 30. 1962, and Riss Virginia L. Shaw as City Clerk to fill the unexpired term of gr. J. Robert Thomas, resigned, ending September 30. 1962. was reported. On motion of Mr. Young. seconded by Br. Wheeler and unanimously adopted. the report was ordered filed. There bein9 no further business. Council adjourned. APPROYED ATTEST: 181 182 COUNCIL, REGULAR MEETING, Nonday. February 19, 1962, Yhe Council of the City of Roan*he met in regular meeting in the Council Chamber in the Municipal Building, Honday, February 19, 1962, at 2:00 otclock, p, m., the regular meeting hour, mJth the President, Hr. Anderson, presiding. pRESENT: Messrs. Corn*Il, Dillard. Pollard, Webber, Mheeler, Young, and the President, WF, Anderson .................... To ABSENT: None ............................ O. OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr, Randolph G. NhJttle, City Attorney. Mr. J, Robert Thomas, City Auditor, and Miss Virginia L. Shaw, City Clerk, INVOCATION: The meeting was opened with a prayer by the Reverend C. A, Turner, Jr., Pastor. Salem First Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on February 12, 1962, 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. HEARING OF CIYlZENS UPON PUBLIC MAYTERS: ZONING: A public hearing having been set for 2:00 o'clock, p, m,, Monday. February 19, 1962, on the request of Mrs. Gladys H. Martin that her property located on the east side of Colonial Avenue, S. W., south of Twenty-first Street. described as Lot 9, Block 3, Colonial Heights, Official Tax No. 1271209. be fez*ned from General Residence District to Business District, the matter was before Council. At the request of Mayor Anderson, the City Clerk read a communication from the City Planning Commission, recommending that the request for fez*ming be denied and giving its reasons therefor. Mr. T. L. Plunk**t, Jr., Attorney for the petitioner, appeared before Council and advised that the property in question is a vacant lot, Mr, Plunk*t* stating that Mr. Horace G, Fralin, who has contracted to purchase said lot, pro- poses to erect thereon an office type building to be used by the Minneapolis- Boney~ell Regulator Company, that the building is of an attractive design and the use would not be objectionable in the neighborhood. Mr. L. R, Brown, 2019 Lynn Avenue. S. M., appeared before Council and presented a petition signed by 104 property owners in the vicinity, objecting to the proposed fez*ming. In a discussion of the matter, Mr. Plunk*t* stated that it is his understanding a number of the signers of the petition objected to the fez*ming on the basis that a filling station is to be erected On said property, Mr. Brown admitting that a number of the signers of the petition probably would not object to the requested fez*ming if they knew that an office type building was to be erected on the property in question. #r, Pollard raised the question as to a setback line on Colonial Avenue and Hr, Plunkett assured him that the proposed building will be erected for enough from the property line to observe any existing or future setback line, After a further discussion of the matter, Dr, Cornell stating that he u,mid like to see the matter carried over for one week in order to ascertain how many of the signers of the petition object to an office type building, Mr, Pollard stated that he Is convinced that all of this area is going to be developed into business property eventually and moved that the following Ordinance be placed upon its first reading: (~14713) 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. hBEREAS, application has been made to the Council of the City of Roanoke to have property located on the east side of Colonial Avenue, S. M,. south of Twenty-first Street. described as Lot 9. Block 3. Colonial Beights. Official Tax No. 1271209. fez,ned from Ge Keral Residence District to Business District; and ~BEREAS. the City Planning Commission has recommended that the herein- after described land not be rezoned from General Residence District to Business District; and ~BEREAS, 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 ~he Roanoke ~orld-Ne~s." a newspaper published in the City of Roanoke. for the tine required by said section; and RREREAS. the hearing as provided for in said notice ~as held on the 19th day of February. 1962. at 2:00 o'clock. Pt 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 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 ORDAINED by the Council of the City of Roanoke that ~itle 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 east side of Colonial Avenue, S. W., south of Twenty-first Street, described as Lot 9o Block 3, Colonial Heights, designated on Sheet 127 of the Zoning Map as Official Tax No. 1271209. be. and is hereby, changed from General Residence District to Business District and the Zoning Rap shall be changed in this respect. The ~otion was seconded by Mr. Rebber and adopted by the following vote: AYES: Messrs. Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson .......................................... $. NAYS: Messrs. Cornell and Dillard ...... ~'.183 184 TAXES: A delegation of approximately 200 retired persons appeared before Council iu connection mlth u request of the Association of Retired Railroad Enployeest Roanohe District. and the Roanohe Gbapter of the American Association o! Retired Persons that retired persons, or their widoms, mhose principal Incomes are from pensions, be allowed an exemption of 50 per cent on their personal property and real estate taxes, Hr. ¥0 R. Reazel, acting as one of the spokesmen for the delegation, presented statistical data and urged that action be taken on the request as promptly as possible. Mr, Heazel advised that he is Chairman of a committee of the Association of Retired Rallruad Employees. Endorsing the request of Hr. Ueazel were Hr, A. A. Akers, Co-Chairman of a committee of the Association of Retired Railroad Employees, Mr. Leslie O, Long. President, Roanoke Chapter, American Association of Retired Persons, Mr, A. N. Pratt. acting Chairman of a committee of the American Association of Retired Persons, and Mr. John A. Jones. Mr, Jones pointing out that there is a growing movement to reduce the cost of living for retired persons and outlinin9 some of the things which have been done and which are proposed to be done. In a discussion of the matter. Ressrs. Cornell and Dillard expressed the opinion that some exemption as to personal property and real estate taxes should be made for retired persons; Mr. Young stated that he would like to study the matte~ to see what can be done; and Rt. Rheeler stated that he is in favor of allowing the exemption if the city finds it can do so from a financial standpoint. On motion of Mr. Dillard, seconded by Dr. Cornell and unanimously adopted, the matter was referred to Council as a Committee of the Rhole for study and report forthwith. pETITIONS AND COMMUNICATIONS: SEWERS AND S~ORM DRAINS: A communication from Dr. J, Carl Poindexter, advising that the Roanoke County Sanitation Authority is sharing the cost of $22.000.00 for extension by a private developer of the Norwood Subdivision sewer line up Peters Creek to the Glen Cove Subdivision and raising the question as to whether or not, under the agreement between the City of Roanoke and Roanoke County that. in case of annexation, the city will not be required to reimburse the sanitation authority for lines it did not pay for. the city will have to reimburse the authority for said authority*s share of the cost of this line, Dr. Poindexter contending that the funds spent by the authority for this purpose have been extorted from landowners west Of Salem and elsewhere outside Of the annexation area involved, as well as within lt. was before Council. On motion of Hr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the communication was referred to the Sewer Committee for its informa- tion. BUILDING DEPARTWENT: A communication from Wt. Clarence H. Hawkins. tendering his resignation as a member of the Board of Ap*'~,. Building Code. was before Council. On motion of We. Dillurd. seconded by Dr. Cornell and unanimously adopted, the resignation was accepted. WATER DEPARTMENT: A communication from Mr. G. We Reed. Jr.o Attorney. representing fligh Acres Development Corporation. developer of a subdivision adjacent to Coyner Springs hnown as Peach Tree Valley. requestln9 permission to purchase water from the city to supply this subdivision for domestic purposes and suggesting that a committee be appointed to see if such an arrangement can be worked out to the advantage of the city and the lot owners in the subdivision, was before Council. On motion Of Mr. Kheeler, seconded by Mr. Pollard ,and unanimously adopted, the request was referred to the committee composed of Messrs. Benton O. Dillard, Chairman, Roy L. Webber, Walter L. Young and Arthur $. 0sans for study. report and recommendation. REPORTS OF OFFICERS: CITY MARKET: Council during its 1~62 budget study sessions having directed the City Manager to make an analysis of automatic equipment at the City Market, in order to curtail expenses, he submitted written report, advising that to make refrigeration equipment at the City Market automatic in operation will cost approximately $13,000.00 and sill free a portion of the time of one man. After a discussion of the matter, the City Manager stating that if he were asked for a recommendation concerning the proposal he would recommend against it, Mr. Dillard moved that the report of the City Manager be filed. The motion was seconded by Mr. Pollard and unanimously adopted. TUBERCULOSIS SANATORIUM: The City Manager submitted written report that Messrs. Max A. and W. Kent Murray, trading as Murray Orchards, have asked that their lease for approximately 62 acres of land at Coyner Springs to be used for grazing and haymaking purposes be extended foF a peFiod of three years from January 1, 1962, in the amount of O~ motion of Mr. Webber, seconded by Mr. Wheeler and unanimously adopted, the matter was referred to the City Attorney for prepar~ion of the proper Resolution. AIRPORT: The City Manager submitted a written report, stating that he bas been advised by the Federal Aviation Agency that it will require a continuing use of the land covered by an agreement for a Terminal Very High Frequency Omni Range Station at the Roanoke Municipal Airport a~ter tl, e agreement expires June 30, 1962, in connection with the use of I.L.~ at Woodru~ Airport, and recommended that he be authorized to execute a new lease effective as of July 1, Mr. Young moved that Council concur in the recommendation of the City Manager and that the following Ordinance be ~laced upon its first reading: "'.1.85 186 (s14714) AN ORDINANCE authorizing end directing the City Naaager, for and on behalf of the City, to execute a lease betmeeu the City of Roanoke and the United States of America, Federal Aviation Agency, for the use of certain premises, together with certain rights and privileges, at Roan*he Hunicipal (~oodrum) Airport · DEREAS, the Federal Aviation Agency of the United States Government has advised the City Manager that it requires a continuing use of the land and facilities presently covered by lease No. Clca-22§O-A. Roanoke. Virginia TVOR Facility, which said lease expires on the 30th day of June. next. bas requested the execution of a similar contract to become effective as of July 1, 1962. and to acconplish such purpose has prepared and tendered a neu agreenent, bearing contract No, FA-£A-2672; and ~UEREAS. the City Manager and the Hanager of the Airport have approved the terms of the proposed lease and the City Attorney, its form and the first two above-mentioned officials hare recommended its execution, 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 such officials are hereby, authorized and directed to execute, for and on behalf Of the City, lease form No. FA-EA-2672 Roanoke, Va. T¥OR between the City and the United States Of America, pursuant to which the City leases to such Gorernment for a term beginning July 1, 1962, and ending June 30, 1963, 0.06 acre, more or less, situate at the City*s Municipal Airport as described in said lease and the facilities thereon for tho consideration of $1.00 per annum; said lease further providing therein, inter alta, that the lease may, at the option of the Government, be renewed from year to year but not beyond June 30, 1972, at the same annual rental of $1.00, The motion was seconded by gr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler. Young, and the President. Mr. Anderson ............... NAYS: None .....................O. STREETS AND ALLEYS: Council at its meeting of February 5, 1962, having referred to the City Manager for study and recommendation a petition from residents of the 900 block of Rockland Avenue, N. W., requesting that consideration be given to paving that street durin9 the present season, the City Manager submitted written report, assuring Council that in early spring a committee will ride the various streets and recommend those which it considers most needed for pavement, that at the present time he cannot say that Rockland Avenue will be one of the prime streets however, this street, along with all the others, will be given consideration in the recommendation submitted to Council. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the report was ordered filed. having been referred to the City Manager for study and recommendation, he submitted a written report, advising that Mrs. Howery has a most commendable suggestion to improve Mestside Boulevard, which has already been initiated by the widening and grading of much of it, and that as soon as weather permits, he expects to asphalt much of the area. On motion of Mr. Pollard, seconded by Mr. Rbeeler and unanimously adopted, the report was ordered filed, GRADE CROSSINGS-STREETS AND ALLEYS: The City Attorney submitted the following report with reference to a request of Mr. Ralph A. Glasgow that the City of Roanoke take action to establish a roadway and railway crossing over the tracks of the Norfolk and Mestern Railway Company as an extension of Roanoke Avenue, S. M. to provide ingress and egress to and from his property: "February 16, 1962 To the Honorable the Council of the City of Roanoke Gentlemen: At your meetifl9 of February 12, you referred to me a report of the City Planning Commission dealing with the request of Mr. Ralph A. Glasgow that the City take action to establish a railway grade crossing over the track of the Norfolk and Western Railway Company (formerly the property of the Viroiflian Railway Company) at the place the track adjoins Roanoke Avenue, S. as an ingress and egress to his property lying between said track and Roanoke River. Specifically, your directive is that I 'study and report to Council as to the City's responsibility in this matter, if any.* The substance Of the Planning Commission's report reads as follows: 'As the result Of theiF deiibeFations, the Planning Commission concluded that there is no objection from the viewpoint of city planning in regard to the opening of the street as well as the establishment of the railway crossing over the tracks of the Nor- folk and Mestern. Since the accomplishment of these projects entails the involvement of legal interpre- tations, the Planning Commission feels that they are not in a position to advise in this matter.* On June 16, 1925, the area involved was located in Roanoke County and on that day the Board of Supervisors Of that County adopted a resolution reading as follows: *This day came the Virginia Railway Company and moved the Court to abandon the crossing of the County Road with the Virginia Railway Company just Southwest of the old bridge over Roanoke River immediately west of where the Norfolk ~ Mestern Railway Belt Line crosses the Virginia Railway, and just South of Roa- noke River, and it appearing to the Court that the Bridge immediately to the North of said crossing is no longer maintained by the County, and that the road at said crossing is no longer being main- tained by the County as a County Road." *It is accordingly ordered that the said crossing be abandoned, and that the Virginia Railway Company be hereby relieved from further maintaining the said crossing as a public highway** In a detailed report to the City Manager under date of April 20, 1953, the Assistant City Attorney advised, among other things, that *on the south side of the river a squatter's shack has been erected in the center of what formerly was the roadway between the Virgiaian Railway right of way and the south bank of Roanoke River.* ~87 188 Incidentally, that shack is still standing and occupied nod a casual inspectien of the area clearly shams that both the turner grade crossing and the road be*meca it and the river bare long been abandoned and it seems reasonable to assume such abandonment iai- lamed the adoption of the above-quoted resolution. In any event, it seems clear that, while both ~56-405 or the Code of Virginia, as amended, and Sec. 2 (iR) of the Charter grants unto the City power to have such public crossings and streets con- structed, neither mandates the City to do so. If, as Mr. Glasgow contends despite the above-quoted resolution of the County Supervisors, Roanoke Avenue presently crosses the track and con- tinues to the river, the City doubtless would have the right to require the Railway Company to install such grade crossing. Ham- ever, it is my opinion that unless the City, in its considered judgment, should determine that such procedure would be to the City's best interest, it is under no obligation to do so, As Mr. Glasgow Is a lawyer, I am sure that he knows his legal rights, if any, in the case and if he feels that he is aggrieved by the Norfolk and Western's refusal voluntarily to grant his request he might consider the advisability of asserting them in the proper forum. Ilowever. as stated, in view of the facts of this case, in my opinion, this Council is under no obligation to attempt to require the Railway to construct such grade crossing. Respectfully submitted, s/Ran G. ~hittle City Attorney' Mayor Anderson advising that he has been informed by Mr. Glasgow that he would like action on the matter deferred for one week, Mr. Dillard moved that tLe question be carried over until the next regular meeting of Council. The motion was seconded by Dr. Cornell and unanimously adopted. REPORTS OF COM~IZ'fEES: ~ AIRPORT: Council at its meeting of February 5, 1962, having referred to the Airport Committee for study and ....:me~dati ..... quest of the ~?ard Air Fore~' Reserve Recovery Group that the City ofnnOa ore lease to the Unitedo.ates Air Force approximately three acres of land at the Roanoke Municipal Airport for use of the 9209th Air Reserve Recovery Squadron, the Committee submitted ~ritten report :with the following recommendations: 1. That Council authorize the leas/fig of the land, approxi- i ma*ely three acres as described off Map X], for o period of five years with a five year renewal clause, at $1.00 per year. :i 2. In the event the City required the Air Force to move its operation during the first five year period, the City would pay for the cost of moving. In the event the land is needed in the 2nd five year period, it would be moved to some agreeable location, at the expense of the Air Force. 3.The building, fence, roadways, lights, etc., shall be approved by the City Manager, and 4. The Air Force will conform with the rules and regulations of the Airport. In this connection, Colonel E. Iloward Hammersley, Jr.. Commander. appearel before Council and advised that the recommendations of the Committee are agreeable to him. On motion of Mr. Webber. seconded by Dr. Cornell and unanimously adopted, the request was referred to the City Attorney for preparation of the necessary Ordinance carrying out the recommendations of the Airport Committee. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AN~ CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BRIDGES-STATE HIGHWAYS-STREETS AND ALLEYS: An Ordinance generally approving a project for the construction of a bridge on Elm Avenue, S. E., over the Norfolk and Western Railway tracks and over Interstate 501, including approaches from Jefferson Street on the.west to ?th Street On the east. and continuing 1st Street, S. E., to connect with 3rd Street, S. E., havln9 previously been before Council, mas again before the body. In a discussion of the matter, Dr. Cornell protested that the proposed bridge will increase taxes approximately iat and expressed the opinion that if a bridge is ~ be built it should be built over Tazwell Avenue, S. E., instead of : Elm Avenue. Mr. Dillard protested that a ruse is being used to make the people in Southeast believe that they are getting a new bridge when in reality the present bridge on Elm Avenue is being replaced with a larger bridge. Mr. Young replied that it is his understanding the new road will be to the east Of the railroad tracks and that a traffic count showed that Tazwell Avenue has more traffic than Elm Avenue. After a lengthy discussion of the matter, Mr. Webber offered the followin, emergency Urdinance: (n14715) AN ORDINANCE generally approving a project for the construction of a bridge on Elm Avenue, S. E., (new Virginia Route 24) over the Norfolk and Western Railway tracks and over Interstate 501, includin9 approaches from Jeffersonl Street on the nest to 7th Street on the east and continuing 1st Street, S. E., to connect sitb 3rd Street, S. E.; authorizing the City Manager to negotiate with requisite Federal and State departments and agencies in an effort to have the project approved; and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 25, page 275.) Mr. Webber moved the adoption of the Ordinance. Yhe 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. STATE HIGHWAYS: An Ordinance generally approving a project for widening and channeling Nilliamson Road and Orange Avenue intersection having previously been before Council, was again before the body. Mr. Pollard stated that he feels this project should be delayed until Interstate 501 Spur has been completed and moved that the Ordinance be tabled. The motion was seconded by Mr. Webber and unanimously adopted. 189 ~90 STATE RIGHNAYS: An Ordinance generally approving a project for widening Franklin Road, S. W., from the Norfolk and Western anllmay underpass to a point approximately 1200 feet south of Heechuood Drive, having previously been before Council, nas again before the body. In this connection, a committee of the South Franklin Road Association composed of Mr. Harry L. Rosenbaum, Mr. A, M. Renick, Dr. A, R. Rice and Mr. Edgar F. Jamison appeared before Council and advised that their group has been working for two years to obtain this project, that most of the property owners involved hare been more than uilling to donate necessary land for the project in order to assure a safer highway and a more beautiful approach to the city, and urged that Council proceed with said project. Mr. Mehber noted that the total estimated cost of the project is $200,000.00 and asked the City Manager if this figure is based on the donation of necessary land by ali affected property owners. The City Manager replied that all of the property owners hare not donated the necessary land and that in the event he is unable to secure donations from some of the property owners the oYerall cost of the project will of necessity be higher. In a further discussion of the Franklin Road project, Mr. Nheeler raised the question of adding to the project by widening the Franklin Road underpass from 40 feet to BO feet. widening Franklin Road north to South Roanoke ~ark to dO feet widening Brandon Avenue, and constructing a road from Brandon Avenue diagonally to McClanahan Street. Mr. ti. Cletus Broyles, City Engineer. and Mr. J. D. Sink, Superintendent, Traffic Engineering and Communications, appeared before Council and explained the proposed project. Mr. Broyles expressing the opinion that the two projects could be handled separately, but that he feels it would be better to handle them as one project. Dr. Cornel] stated that in his opinion there are other projects in the city which are more badly needed than the Franklin Road project, especially the Milliamson Road drainage system project, and moved that a capital improvement program be submitted to the people in a referendum. The motion was seconded by Mr. Dillard and lost by the following vote: AYES: Messrs. Cornell and Dillard .............2. NAYS: Messrs. Pollard, Webber. Wheeler. Young, and the President, Mr. Anderson ............................................. 5. After a furtber discussion of the question, the City Manager advising tha he will report back to Council if he is unsuccessful in securing donations from all of the affected property owners, Mr. Webber offered the following emergency Ordinance covering the original Franklin Road project: (=147i6) AN ORDINANCE generally approving a project for widening Frankli Road, S. Wo. from the Norfolk and Restern Railway underpass to a point approximately 1200 feet south of Beecbeood Drive; authorizing the City Manager to negotiate with requisite Federal and State departments and agencies in an effort to hare the project approved; and proridin9 for an emergency. (For full text of Ordinance. see Ordinance Book No. 2So page 276.} Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the f,Il,win9 vote: AYES: Messrs. Pollard. Webber. Mheeler. Young. and the President. Mr. Anderson ....................................... NAYS: Messrs. Cornell and Dillard .......2. After a further discussion of the matter as to an improvement project at the intersection of Brandon Avenue. Franklin Road and RcClanahan Street. S. R.. and!i Council being of the opinion that this project could be tied in with the Franklin Road project at a later date. Mr. Wheeler moved that the City Manager be directed to negotiate with the Bureau of Public Roads and the Yirginia Department of Bigh- ways concernin9 said project and to secure the estimated cost of such a project. The motion was seconded by Rr. Mebber and adopted by the following vote: AYES: Messrs. Pollard. Webber. Nheeler. Young. and the President. Mr. Anderson ....................................... 5. NAYS: Messrs. Cornell and Dillard ....... PARKS AND PLAYCROUNDS-SCBOOLS: Council at its meeting of February 12. 1962. having directed the City Attorney to prepare the proper Resolution granting permission to the Patrick Denry Digh School Boosters Club to contribute the funds necessary to complete the track, football and baseball fields and related locker and shower facilities at Patrick Denry Bigh School. he presented same; whereupon. Dr. Cornell offered the following: (u14717) A RESOLUTION authorizin9 the Patrick Benry Iligh School. Boosters Club to contribute the funds necessary for the completion of the track, football and baseball fields and related locker and shower facilities and to proceed with the construction of such facilities at no cost to the City under the supervision of the School Board and the Department of Parks and Recreation of the City of Roanoke and in-accordance with the master plan for Patrick Denry High School. (For full text of Resolution. see Resolution Book No. 25. page 2??.) Dr. Cornell moved the adoption of the Resolution. The notion was 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 .................... T. NAYS: None .............................. O. STREETS AND ALLEYS: Council at its meeting of February 12, 1962, having referred to the City Attorney for preparation of the proper Ordinance the request of the Emmauuel Baptist Church that a public street be opened from Thirty-sixth Street, No W., to the Church's property, he presented same; whereupon, Dr. Corneli offered the following emergeney Ordinance: (SI471D) AN ORDINANCE conditionally authorizing the acceptance of the donation of all requisite real estate necessary to establish a public street from 36th Street. N. I., to Emmanuel Baptist Church and conditionally authorizing the opening thereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 278.) 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. Mebber. Mheeler. Young. and the President, Mr. Anderson ................ NAYS: None ......................O. PAY PLAN: Council at its meeting of February 12, 1962, having directed the City Attorney to prepare the proper measures carrying out the recommendations of the City Manager in connection with certain changes in the Pay Plan. the City Attorney presented draft of a Resolution authorizing the City Manager forthwith to make proper adjustments of inequities in the salaries of certain employees in the Police and Fire Departments of the City under the Pay Plan. occurring since January 1, lq61, resulting from the freezing of salaries from January I to July 1, lq61, and, also, from certain promotions made in the aforesaid departments. Or. Corn,Il pointed out that Council never officially authorized the City Manager to freeze salaries and moved that the words "by the City Manager" be inserted after the words *freezing of salaries" in the Resolution. The motion was seconded by Mr. Dillard and lost by the following vote: AYES: ~essrs. Corn,Il, Dillard and Pollard .............................3, NAYS: Messrs. Webber, Wheeler, Young. and the President, Mr. Anderson--4~! Mr. Wheeler then offered the following Resolution: (=!4719) A RESOLUTION authorizing the City Manager forthwith to make proper adjustments of inequities in the salaries of certain employees in the Police and Fire Departments of the City under the Pay Plan, occurring since January 1, 196 resulting from the freezing of salaries from January I to July 1, 1961, and, also, from certain promotions made in the aforesaid departments. (For full text of Resolution, see Resolution Book No. 25, page 279.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Corn,Il, Dillard, Pollard. Webber, Wheeler. Young. and the President. Mr. Anderson ............... NAYS: None .....................O. The City Attorney then presented an emergency Ordinance amending and Ii r,ordaining subsection e. (3) of Section 10. 'Clerical. Operational. Technical, !i the Pay Plan; whereupon, Mr. Webber offered the following: (x14720) AN ORDINANCE to amend and reordaJn subsection e. (3) of Section 10. 'Clerical. Operational, Technical, and Supervisory Salaries' and subsection d. (3) of Section 11. 'Labor Force" of the Pay Plan~ and providing rot an emergency. (For full text of Ordinance. see Ordinance Book No. 2S, page 280.) Mr. Mebber 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 ............... 7. NAYS: None .....................O. MOTIONS AND MISCELLANEOUS BUSXNESS: DEPARTMENT OF PUBLIC MORKS: Mr. Dillard brought to the attention of Council the question of providing that all bids received for equipment and capital improvements be submitted to the City Clerk to be opened before Council at its next regular meeting, provided said bids are in excess of $5,000.00. On motion of Mr. Pollard, seconded by Dr. Uornell and unanimously adopted, the City Attorney was directed to prepare the necessary Resolution. STREETS AKD ALLEYS: Mr. Dillard brought to the attention of Council and moved that a committee composed of three members of Council, the City Manager and the Director of Public Works be appointed to make recommendations to Council as to the pav~ng of streets in the City of Roanoke. The motion Has seconded by Dr. Cornell. After a discussion of the matter, Mayor Anderson stating that he feels this is an engineering matter and that any member of Council serving on such a committee would possibly be subject to political pressure, the motion was lost by the following vote: AYES: Messrs. Cornell and Dillard ............. NAYS: Messrs. Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ............................................. 5. ZONING-PARKS AND PLAYGROUnDS-INDUSTRIES: Council at its meeting of February 12, 1962, having directed the Mayor to appoint a committee of three to study the acquisition of land lying between Bluestone Avenue and Wilkes Road, N. E. for park purposes, in lieu of Jordan Park. Mayor Anderson reported that he has appointed Messrs, Roy L. Webber, Chairman, Benton O. Dillard and Rex T. Mitchell Jr! On motion of Mr. Young, seconded by Dr. Cornell and unanimously adapted, the report was ordered filed. SCHOOLS: The qualification of Colonel B. B. Albert, SF,, as a member of the School Board to fill the unexpired term of Mr. John W. Eure, resigned, ending June 30, 1963, was reported. On notion of Mr. Mheeler, seconded by Dr. Cornell and unanimously adopted! the report was ordered filed. There being no further business, Council adjourned. APPROYED ATTEST: 193 :194 COUNCIL, REGULAR MEETING, Monday, February 26. 1962. The Council of the City of Roanoke met la regular meeting in the Council Chamber in the Municipal Building, Monday, February 26, 1962, at 2:00 ,*clock, p, the regular seating hour, with the President, Hr, Anderson, presiding, pRESENT: Messrs, Cornell, Dillard. Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson ............... ABSENT: None ...................O, OFFICERS PRESENT: Mr. Arthur So Owens, City Manager. Mr. Randolph G, Whittle, City Attorney, and Mr. J. Robert Thomas, City Auditor, INVOCATION: The meeting was opened with a prayer by Dr, James W. Turner Pastor, South Roanoke Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on February 19 1962, 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. IIEARINB OF CITIZENS UPON PUBLIC RATTERS: STREETS AND ALU!rS: A public hearing having been set for 2:00 o'clock, p. m., Monday, February 26, 1962, on the application of Johnson-Carper Furniture Company, Incorporated, to permanently abandon, vacate, discontinue and close that portion of Wertz Avenue, N. E., Nest of Ridgefield Street, and a 15-foot alley extending from the t~estern terminus of Nertz Avenue, the matter was before Council. At the request of Mayor Anderson, the City Clerk read the report of the City Planning Commission, recommending that the street and alley in question be vacated, discontinued and closed. The City Clerk also read a report of the vintners, stating that they are unanimously of the opinion that no inconvenience would result either to any individual Or to the public from vacating, discontinuing and closing said street and alley. In this connection, gr. Frank W. Rogers. St** Attorney. representing Johnson-Carper Furniture Company, Incorporated, appeared before Council and quested that the street and alley be vacated, discontinued and closed. No one appearing in opposition to the request, Mr. Young moved that the following Ordinance be placed on its first reading: (=14721) AN ORDINANCE vacating, discontinuing and closing a portion of Wertz Avenue, N, E,, and all of a 15-foot alley leading therefrom, between Ridge- field Street and tbe Shenandoah Valley Division of the Norfolk and I~estern Railway Company in the City of Roanoke, Virginia, WHEREAS, Johnson-Carper Furniture Company, Incorporated, has heretofore [ filed its petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the following described street and alley: fl) That portion of Rertz Avenue (40 feet wide), N. extending from its present western terninus in an easterly direction approximately 290 feet to the intersection of Ridge- field Street us the same is now or may hereafter be located; and (2) A certain IS-foot alley (erroneously shown on the Roanoke City tax map as a 20-foot alley), the center line of which begins on the east side of the right of way line of the Shenandoah Valley Oivisionof the Norfolk and Restern Railway Compuny 207.23 feet north of Rississippi Avenue and which then extends N, 89o 56* £, approximately 219 feet and then N. Oo 4* M, $85 feet to the present Wertz Avenue; of the filing of which said petition due notice was given to the public as required by law; and RHEREAS, in accordance with the prayer Of said petition, viewers were appointed by the Council on the 8th day of January, 1062, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said portion of said street and all of said alley; and RHEREAS, it appears from the written report of the viewers, together with the affidavit required of them by law, both of which were filed with the City Clerk on the 23rd day of January, 1962, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closin9 said portion of said street and all of said alley; and RH£R£A$, at its meeting on January 29, 1962, Council directed that a public hearin9 on said application be held on Monday, February 26, lgb2, at 2:00 o'clock, p. m., or as soon thereafter as the matter might be heard, in the Council Chamber in the Municipal Ruilding Of the City. and that notice thereof he given by publication in *The Roanoke Rorld-News.* a daily newspaper published in the City, at least two weeks before the date set for the hearing; and RHEREAS, a certificate from the publisher of said newspaper showing the due publication of said notice on the gth day of February, 1962, has been filed in the office of the City Clerk. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that portion of ~ertz Avenue, N. E., and all of the 15-foot alley above described be, and they are hereby, permanently vacated, discontinued and closed; and that all right, title and interest Of the City of Roanoke and of the public in and to the same be, and they are hereby, released insofar as the Council of the City Of Roanoke is empowered so to do, except that a public easement is hereby reserved for the maintenance, repair and replacement of the storm drains, sewer and water lines and other municipal installations, if any, now located in said street. BE IT FURTHER ORDAINED that the City Engineer be. and he is hereby, directed to mark #Vacated" said alley and the portion of ~ertz Avenue above describ. ed on all maps and plats on file in his office on which said street and alley are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. 195 ~96 BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, · certified copy oY this Ordinance in order that the Clerk of said Court may make proper notation on all maps or plats recorded in his office upon which are shown said street and alley, as provided by law, and that if so requested by any party in interest, he ma record the same in a deed boob in his office, Indexing the same in the name of the City of Roanoke as grantor and in the name or names of any party in interest who may so request him as grantee, The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Corn*lie Dillard, Pollard, Mebber. Rheeler, Young, and the President, Mr. Anderson ............... NAYS: None ......................O. PETITIONS AND COMMUNICATIONS: L1URARIES: A communication from Mrs. Harton W, Morris, Sr., Chairman of the Roanoke Public Library Ooard, transmitting its 41st Annual Report for 1961, was before Council. On motion of Mr. Dillard. seconded by Dr. Cornell and unanimously adopted, the communication and report were ordered filed. REPORTS OF OFFICERS: ZONING-SETBACK LINES: The City Manager submitted a written report, advising that due to the Interstate 501 spur plans for Dullitt Avenue have been changed since the establishing of a 5-foot setback line on the north aide of Bullitt Avenue, S. E,, between Jefferson Street and First Street, as a result of which the setback line is no longer needed, and recommending that the Ordinance establishin9 said setback line be repealed. In answer to questionin9 by Mr. Webber, Mr. Lewis G. Leftwich, Commissione~ Of Buildings, who was present at the meeting, explained that when the Downtowner Motel made application to his office for a building permit in connection with the erection of the motel at the northeast corner Of Jefferson Street and Bullitt Avenue, S, E., he checked an official map of the city made in 1940 which Showed the portion of HullJtt Avenue in question to be bO feet wide, that in checking a revised map dated 1952 he found that the street had been widened to 66 feet; therefore, be was of the opinion that the setback had.been taken, that he has since found out that Hullttt Avenue was widened on the south side instead of on the north side, consequently, a portion of the west wing and a portion of the east wing of the motel are encroaching on the 5-foot setback line, that the contractor has been advised of the said encroachment on the setback line and has been requeste, to stop construction on that portion which extends into the setback area, In a discussion of the matter, Mr. Webber reminded Council that when the Greyhound Bus Terminal was erected at the northwest corner of Bullitt Avenue and First Street. S. E., the owner was required to observe the setback line at 9real expense. Mr. Dillard supported the remarks made by Mr, Mebber, pointing out that mhen Bnllitt Avenue was widened 6 feet on the south aide It mas not necessary to establish a setback line on that side of the street because the land used for street midenlng was taken from city property. Mr, Dillard also raised the question as to mhy the setback line was not discovered by the Attorney mbo examined the title to the property, After a further discussion of the question. Dr. ¢ornell suggesting that the matter be carried over for three weeks in order that the City Manager can furnish Council more detailed information concerning examination of the title to the property, etc., and Mr, Pollard and Mayor Anderson pointing out that the project is being held up pending a decision of Council, consequently, Council should come to a quick decision. Mr. Mebber moved that the matter be referred to the City Attorney for study and report as to the legal aspects thereof. The motion was seconded by Mr. Dillard and unanimously adopted. BUDDKT-WATER DEPARTMENT: The City Manager submitted a written report, recommending that an additional Fiscal Clerk be employed in the Water Department at a salary of $2,640.OO per annum. In this connection, Mr. R, E. Pillow. Manager of the ~ater Department, appeared before Council and explained that at the time his 1962 budget was pre- pared the need for an additional employee was only partial; therefore, he did not ! ask for additional help. however, the placing of a utility tax on water was the proverbial 'straw that broke the camel's back" since he did not plan for this work until it was official on January 2, 1962. Mr. Webber commented that Council turned down numerous requests for additional employees during its budget study sessions and moved that the request of the Water Department be denied. The notion was seconded by Mr. Dillard and, unanimously adopted. WATER DEPARTMENT-STATE HIGHWAYS: The City Manager submitted a written report, advising that it will be necessary to relocate water lines and appurten- ances, because of the construction of Interstate Route 581, from Hershberger Road to Orange Avenue. N. W.. at an estimated cost of $19,660.24; also, a short addi- tional strip from Orange Avenue south to a point near Walker Avenue at an estimated cost of $1.008.28, that the state is responsible for bearing the non-betterment cost of the adjustments and will reimburse upon claim, the City Manager recommend- ing that he be authorized to enter into the necessary agreement with the Virginia Department of Highways. On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the matter was referred to the City Attorney for preparation of the proper Ordinance. STREET LIGHTS: The City Manager submitted a written report, recommending: the installation of five street lights at various locations in the City of Roanoke.[ :198 Dr, Cornell moved that Council concur in the recommendation of the City Manager and offered the folloming Resolution~ (n14722) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution, see Resolution Rook No. 25, page 281.) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Rt. Dillard and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard. Webber, Wheeler, Young, and the President, Mr. Anderson ................... NAYS: None ..................... Oo FIRE DEPARYMENY: The City Manager submitted a written report, requesting that Mr. Joseph E. Myers, a member of the Fire Department, who is unable to perform his regular duties by reason of personal injuries received in line of duty, be paid his regular salary for an additional period of sixty days beginning February 12, 1962, Mr. Young moved that Council concur in the request of the City Manager and offered the following Resolution: (#14723) A RESOLUYION directing that Joseph E. Myers. a member of the Fire Department. be paid his regular salary for a period of sixty days beginning February 12, 1962. (For full text of Resolution, see Resolution Book No. 25, page 282,) Mr. Young 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 ............... 7. NAYS: None ..................... O. AIRPORT: Council at its ~eeting of October IT, 1960, by Ordinance No. 14196. baying authorized the City Manager to execute an instrument granting a license to the United States of America. Federal Aviation Agency. embodying the right and privilege to install an underground duct system to provide radar facili- ties at the Roanoke Municipal Airport, the City Manager submitted a written report, recommending that this license be cancelled and that he be authorized to execute a new instrument to provide for a radar site as well as the underground duct system. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following Resolution cancelling the existing license: (~14724) A RESOLDTION authorizing the cancellation of a license dated November 16, 1960. pursuant to which the City granted the Federal government the right to install and maintain an underground duct system at Roanoke Municipal (Woodrum) Airport. (For full text of Resolution. see Resolution Book No. 25, page 283.) Mr. 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, Mheelero Young, and the President. Mr, Anderson ................... ?, NAYS: None ......................... Mr, Mheeler then moved that the following Ordinance providing for a uem license be placed upon its first reading: (u14725) AM ORDINANCE authorizing the City ManageF to execute an instrument granting n license to the United States of America, Federal Aviation Agency, embodying the right and privilege to install a radar site and underground duct system at Roanoke Municipal (Woodrum) Airport. NHEREA$. the United States of America, Federal Aviation Agency, has requested a license from the City to install a radar site and underground duct system at Roanoke Municipal (Noodrum) 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 of Roanoke, a license 9ranting unto the United States of America/~ Federal Aviation Agency, the right and privilege to install and maintain a radar site and underground duct system at Roanoke Municipal (Woodrum) Airport in accordance with Drawings Nos. 1-D-12779 and I=D-I27UI, dated November 22, 1951, upon the terms and conditions embodied in the printed license form submitted by the Federal Aviation Agency, which said drawings and printed license form are presently held by the aforesaid City Manager, in consideration of $1.00 per annum. 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. POLICE DEPARTMENT: The City Manager submitted a written report, together with a tabulation of bids, sho~ing that the bid of Diamond Chevrolet Corporation for six new police automobiles in the total amount of $15,30g.00 was the low bid and that the bid of Butterfield's Cycle Store was the only bid received for tho new police motorcycles in the total amount of $3,103.O5, the City Manager recommend. lng that the two bids be accepted. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following Resolution accepting the bid on the six new police automobiles: (=14726) A RE$0LUYIOM accepting the proposal of Diamond Chevrolet Corporation for supplying six new 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. 25, page 204.) Mr. Pollard moved the adoption of the Resolution. Yhe motion was seconded by Mr. Young and adopted by the following vote: ~99 .,200 AYES: Ne°°rs, Coreell, Dillard, Pollard, Webber, Nheeler, Young, and the President, Mr, Anderson ............... 7, NAYS: None .....................O, Dr, Coreell offered the folloming Resolution accepting the bid on the two new police motorcycles: (zI4Y27) A RRSOLDYION accepting the proposal of Dutterfield's Cycle Store for supplying two police motorcycles; and authorizing the Purchasing Agent to issue the requisite purchase order, (For full text of Resolution, see Resolution Rook No, 25, page 2D5.) Dr, Cornell moved the adoption of the Resolution. The motion was seconded by WFo Wheeler and adopted by the following vote: AYF.5: Mas°rs, Cornell, Riilard, Pollard. Webber, ~heeler, Young. and the President. Mr. Anderson ............... ?. NAYS: None .....................Os SE~£RS AND STORM DRAINS: Council at its meeting of December Il, 1961, having received and filed a report of the City Manager concerning alterations to January 1, 1962, and ended January 31, 1962. GRADE CROSSINGS-STREET5 AND ALLKYS: Council at Its previous meeting having deferred action on aa opinion of the City Attorney in connection with the request of Mr, Ralph A, Glasgow that the City of Roanoke take action to establish a roadway and railway crossing over the tracks of the Norfolk and Restern Railnay Company as an extension of Roanoke Avenue, S, RD, to provide ingress and egress to and from his property, the matter was again before the body, In this connection, Mr. Glasgow appeared before Council and stated that he realizes the city is under no legal obligation to hare Roanoke Avenue extended across the tracks of the Norfolk and Mestern Railway Company, that all he wants Council to do is to direct the Norfolk and Mestern Railway Company to construct a grade crossing at this point, Mr. Glasgow charging that he is being discriminated against by the Railway Company, that if the property in question belonged to any member of Council there is no doubt in his mind but that the Norfolk and Mestern Railway Company would construct the grade crossing, Mr. John R. Turbyfill, Attorney, representing the Norfolk and Mestern Railway Company, who was present at the meeting, explained that the proposed grade crossing would serve only the one property, consequently, it would be regarded as a private crossing and the Railway Company is not permitted to put in private crossings at its expense. Mr, Dillard advised Mr. Glasgow to have other interested parties join in with him in his request for the 9rude crossin9 in order to show that the crossing is a public necessity. Mr. Young denied that Mr. Glasgow is being discriminated against, pointing out that the Norfolk and Western Railway Company has offered to install the grade crossing if Mr. Glasgow will bear the expense thereof. The matter having been discussed at length, Rt. Mheelev moved that it be tabled. The motion was seconded by Mr, Mebber and adopted, Mr, Young not voting. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 14713, rezoning property located on the east side of Colonial Avenue, S. M., south of T~enty-first Street, described as Lot g, Block 3, Colonial Heights, Official Tax No. 1271209, from General Residence District to Rusiness District, having previously been before Council for its first reading, read and laid over, was again before the body. In this connection, Mr. Barry P. RcKinney, Jr.. 2101 5anford Avenue, S. M., appeared before Council and presented an additional petition signed by 12 property owners, objecting to the proposed rezoning on the grounds that it will depreciate the value of their homes, Rt. RcKinney stating that, spea~tng for himself, he is not so strongly opposed to the rezoning of one lot for business, but that this would open the door to further rezoning. _ 201 :~202 After · discussion of the~mattert'Mr, Yonng stated that he would like to hear from the Attorney for the petitioner and the reaidents In the area or the proposed rezonlng at the same meeting end moved that the matter be deferred for tun weeks, The motion was seconded by Bt, Cornell and unanimously adopted, AIRPORT: Ordinance No, 14714, authorizing and directing the City Manager, for and on behalf of the City, to execute a lease between the City of Roanoke and the United States of America, Federal Aviation Agency, for the use of certain premises, together with certain rights and privileges, at Roanoke Municipal (Moodrum} Airport. in connection with instrument landing facilities at the Airport. having previously been before Council for Its first reading, read and laid over. was again before the body, RF, Wheeler offering the following for its second reading and final adoption: (#14~14) AN ORDINANCE authorizing and directing the City Manager, for and on behalf of the City, to execute a lease between the City of Roanoke and the United States of America, Federal Aviation Agency. for the use of certain premises, together with certain Fights and privileges, at Roanoke Municipal (Woodrum) Airport (For full text of Ordinance. see Ordinnnce Book No. 25, page RDI.) Mr, Rheeler moved the adoption of the Ordinance. The motion was seconded by Rr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ................ NAYS: None ......................O. AIRPORT: Council having previously directed the City Attorney to prepare the proper Ordinance carrying out the recommendation of a committee in connection with the request of the 03?3rd Air Force Reserve Recovery Group that the City of Roanoke lease to the United States Air Force approximately three acres of land at the Roanoke Municipal Airport for use of the 9209th Air Reserve Recovery Squadron. he presented same; whereupon. Mr. Young moved that the following Ordinance be placed upon its first reading: (~1472O) AN ORDINANCE authorizing the leasing of approximately three acres at Roanoke Municipal (Roodrnm) Airport to the United States of America for use of the 9209th Air Reserve Recovery Squadron. ~BEREAS. the O3?3rd Air Force Reserve Recovery Group has requested, in writing, the passage of this ordinance, which request this Council's Airport Committee has studied and approved and in which approval this Council concurs. YHEREFORE, 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, respectively, for and on behalf of the City, to enter into a contract of lease by and between the City of Roanoke and the United States of America, leasing nnto the United States of America approximately three acres of real estate located at Roanoke Municipal (Roodrum) Airport as shown on a "Plan Ro. 4S96", dated 2/12/62, on file in the office of the City Clerk, for use of the g2Ogth Air Reserve Recovery Sqnadro upon such reasonable terns, protective of the City's interests, as the City Manager may determine including, however, the following: 6 1o The lease shall be for a period of five lears with a fiveoyear reneaal clause, at $1,00 per year, 2, The City shall reserve the right to require lessee to move Its operations from the above- described site to another reasonably acceptable site at the Airport at any time during the original term or the renemal period, In event the City requires such removal during the original period, the City shall poi all costs thereof, In event the City requires the removal at any time during the renemal period, all costs shall be borne by the lessee, 3. All improvements, of ahatever nature, made upon the leased premises shall be first approved by the City Manager. 4. The lessee shall conform with all rules and regulations no~ or hereafter promulgated by the City applicable to its Airport, and upon snch form of lease as shall be first approved by the City Attorney. The motion was seconded by Dr. Cornell and adopted by the follouing vote: AYES: Messrs. Cornell, Dillard, Pollard, hebber, Rheeler, Young, and the President, Mr. Anderson .................... NAYS: None ..........................O. TUBERCULOSIS SANATOR1UN: Council havin9 previously directed the City Attorney to prepare a Resolution renewing the lease of Max A. and W, Rent Rurray, trading as Murray Orchards, for approximately 62 acres of land at Coyner Springs, for a period of three years from January 1, 1962, in the amount of $510.00. he presented an Ordinance; whereupon, Mr. Kheeler moved that the following Ordinance be placed upon its first reading: (=14729) AN ORDINANCE authorizing the leasing of approximately 62 acres at Coyner Springs to Max A. and W. Kent Murray, trading as Murray Orchards. WHEREAS, by Ordinance No. 12734. adopted by this Council on the 14th day of May'. 1956, the proper City officials were authorized to execute a lease of approximately 62 acres at Coyner Springs to Max A. and W. Kent Murray, trading as Murray Orchards, which lease was, accordingly, duly executed by the parties under date of June 15, 1956. and, agreeable to a provision therein contained, was renewed by Resolution No. 13690, adopted by this Council on the 20th day of April, 1959, for a period extending through the 31st day of December, 1961; and WHEREAS, the aforesaid lessees have advised the City Manager, in writing, that they desire to lease said land upon the same terms and conditions for a fixed term of three years commencing the first day of January. 1962; and WBEREAS, the City Manager has recommended the execution of such lease by the City, in ahich 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 to enter into a lease agreement, for and on behalf of the City, to be dated April 5, 1962, leasing unto Max A. and K. Kent Murray, trading as Murray Orchards, the approximately 62 acres described in the above-mentioned lease of June 15, 1956, and upon substantially the 203 204 sane terms at are therein contained for the fixed term of three years commencing on the first day of January, 1962, and ending on the 3itt day Of Oecember~ 1964, The motion mas seconded by Hr, Young and adopted by the folloming vote: AYES: Messrs, Cornello Dillard° Pollard, ~ebber, ~heeler, Young, nnd the President, Wr, Anderson ................ NAYS: None ......................O. DEPARTWENT OF PUBLIC hORRS: Council having previously, directed the City Attorney to prepare a Resolution providing that all bids received for equipment and capitol improvements in excess of $5,000.00 be submitted to the City Clerk to be opened before Council at its next regular meeting, he presented same; whereupon, Dr. Cornell offered the following: (=14730) A RESOLUTION providing that all bids received for equipment and capital improvements in excess of $5,000,00 be filed in the office of the City Clerk and opened before the Council at its next regular meeting, (For full text of Resolution, see Resolution Book No. 25, page 265,) Dr, Cornell moved the adoption of the Resolution, The motion was seconded by Wt. Pollard and adopted by the following vote: AYES: Messrs, Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Hr. Anderson ................ NAYS: None ......................0. SEWER5 AND SYORW DRAINS: Yhe City Attorney presented draft of an Ordinance providing for the acquisition of a certain O.945 acre strip or parcel of land on the northeast side of Florist Road, in Roanoke County, for public sewer and storm drain purposes. In this connection, Mr. N. Cletus Broyles, City Engineer, appeared before Council and explained that the city has been unsuccessful in its negotiatios with the Lynch Ueirs for the acquisition of a 20-foot wide perpetual easement for storm drain purposes because of the title to the land being in dispute between certain claimants thereof, and that it is now felt that a 0.945 acre strip of the land should be acquired by the city in fee simple at an estimated cost of $1,600.0[ for both sewer and storm drain purposes. After a discussion of the question, Mr, Young stating that he would not vote for the matter because he does not understand it, Mr. Webber offered the following emergency Ordinance appropriating $1,600.00: (=14731) AN ORDINANCE to amend and reordain Section =141, "Sewer and Drain Construction," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 286.) Mr, Rebber moved the adoption of the Ordinance. The motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs, Coruell, Dillard, Pollard, Webber, Wheeler, and the President, Mr. Anderson .................... WAYS: Mr, Young .................1o Hr. Rheeler then offered the following emergency Ordinance providing for the acquisition of the 0.945 acre strip of land: (n14732) AN ORDINANCE providing for the Clty*s acquisition of a certain 0.945 acre strip or parcel or land on the northeast side of Florist Road. in Roanoke County. in fee simple for certain public purposes; repealing Ordinance 15937 and Ordinance No. 13941 relating thereto; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25. page 2B6.) NFo Rheeler 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. Mheelero and the President. Hr, Anderson ......................... NAYS: RF. Ybung ...................... NOTIONS AND NISUELLANEOUS BUSINESS: SCBOOLS: Mayor Anderson called attention to a vacancy on the School Board because of the resignation of Dr, L, C. Donnin9 and called for nominations to fill the unexpired term of Dr. Downing ending June 30, lg63. Mr. Wheeler placed in nomination the name of La,Fence H. Damlar. There being no further nominations, Mr. Lawrence B. Damlar was elected as a School Trustee for the City of Roanoke to fill the unexpired term of Dr. L. C, Downing endiug June 30, 1g63, by the following vote: FOR MR. HAMLAR: Messrs, Cornell. Dillard, Pollard, Mebber, Wheeler, Young, and the President, Mr° Anderson .......... 7. PENSIONS: Mayor Anderson called attention to a vacancy on the Board of Trustees of the Employees* Retirement System of the City of Roanoke brought about by reason of the appointment of Mr. J. Robert Thomas as City Auditor ~hich auto- matically mahes him an ex officio member of said Board and called for nominations to fill the unexpired term of Rro Thomas ending June 30, 1964. Mr. Webber placed in nomination the name of Raymond E. Pillow. There being no further nominations, Mr. Raymond E. Pillow was elected as a member of the Board of Trustees of the Employees' Retirement System of the City of Roanoke to fill the unexpired term of Mr. J. Robert Thomas ending June 1964, by the following vote: FOR MR. PILLOW: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler. Young, and the President, Mr. Anderson .......... 7. There being no further business, Council adjourned. APPROVED ATTEST: Clerk 205 206 COUNCIL, REGULAR MEETING, Monday, March 5, 1962, The Council of the City of Roanoke met in regular meeting in the Law nod Chancery Courtroom in the Municipal RuJlding, Monday, March S. 1962, at 2:00 o*cioct p. m.. the regular meeting hour. with the President. Ur. Anderson. presiding. PRESENT: Messrs. Dillard. Pollard, J/ebber, Mheeler. Young. and the President, Mr. Anderson ...................... 6. ARSENT: Dr. Cornell ............... I. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle, City Attorney, and Mr, J. Robert Thomas, City Auditor, INVOCATION: The meeting was opened with a prayer by the Reverend Eugene H Kahie, Pastor, Poages Mill Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on Monday, February 26, 1902, having been furnished each member of Council, on motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the readin9 was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: liEALTtl DSPARTI~EI~T: Mr. R. C. Shifflett appeared before Council and request- ed that he be granted a permit to park his trailer on property at 2B39 Dell Avenue, N. E.. for an additional period of one year in excess of the 2-year maximum provided for in Section 4. Chapter 2. Title 20. of The Code of the City of Roanoke. 1956. In this connection, Dr. Margaret H. Glendy. Chairman, Board of Investi- gators, who was present at the meeting, stated that the Board is makin9 a study of the trailer provisions in the City Code and feels that several changes are needed, Dr. Glendy pointing out that a trailer used as a business office on a construction job. if properly placed, might be preferable to a shack, and that house trailers might be best placed in trailer camps. After a discussion of the matter, Dr. Glendy pointing out that there are approximately nine cases similar to that of Mr. 5hifflett, and Council being of the opinion that these people should be allowed to leave their trailers at their present locations until the Board of Investigators has finished its study, Mr. Dillard moved that the question be referred to the City Attorney for preparation of the proper Resolution. The motion was seconded by Mr. ~/ebber and unanimously adopted. INDUSTRIES-SEWERS AND STORM DRAINS-WATER DEPARTMENT: Mr. Gordon C. iJ Custodian, Industrial Development and Investment Corporation, appeared before Council and requested that the city furnish water and sewer services to the i property formerly owned by the American Viscose Corporation. Appearing with Mr, Willis to explain the proposed plan for the furnishing ii of the water and sewer services were Mr. John R. Hildebrand, representing Hayes, Seay, Mattern and Mattern, and Mr. 1. N. Moseley, Manager of the property in ~: question. In a disucssion of the matter, Hr. Nillis stated that the estimated cost of furnishing mater service Is $$,000.00 and that the estiwated cost of furnishing sewer service is $20.000.00, Hr. Willis pointing out that the Industrial Development and Investment Corporation is prepared to grant the necessary easements through its property for the water and sewer trunk lines and to donate its sewage disposal plant to the city for use for future tenants who may require pre-treatment of industrial waste. After a further discussion, Mr. Webber and Mr. Young questioning the expenditure of funds for the entire project at this time rather than doing portions of the work as and uhen spaces in the area are leased or sold and the need therefor becomes apparent, Mr. Dillard moved that the matter be referred to the Industrial Committee for study, report and recommendation as soon as possible. The motion was seconded by Mr. Webber and unanimously adopted. PETITIONS AND COMMUNICATIONS: SEWERS AND STORM DRAINS: A Resolution of the Council of the Town of Salem. requesting that the contract between the Town of Salem and the City of Roanoke, dated October i5, i953, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a tract of land containing approxi- mately ~0 acres located north of the corporate limits of the Town of Salem and south of Interstate Route DI, east of Goodwin Avenue Extension (Route baS), was before Council. On motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adoptedi the request was referred to the Sewer Committee for study, report and recommendatio~ to Council. FIRE DEPARTMENT: A communication from Mr. Wallace M. Mattox. President, Local 1132, Roanoke Fire Fighters Association, advising that the Association feels through Council*s generosity and sense of fairness in granting its request that the city furnish kitchen equipment to the fire stations throughout the city another!! burden has been lifted from the firemen, was before Council. On motion of Mr. Dillard, seconded by Mr. Pollard and unanimously adopted the communication was ordered filed. BUDGET-SCHOOLS: The followin9 communication from Mr. Clarence R. Hawkins, Chairman of the Roanoke City School Board, requesting an appropriation of $9,000.00 for interior painting and related repairs at the Belmont Elementary School, was before Council: "In compliance with a directive from Council, the Roanoke City School Board reduced the budget estimate for the year 1962 by the sum of $2OO.000.00. To accomplish this reduction, it was necessary to omit all interior painting included in the original estimate. The repaintJng and refurbishing of the interior of the Belmont Elementary School was omitted from the scope of the work proposed for the year. The condition of the Belmont School has become progressively siderable quantity of loose plaster mas discovered. This plaster has been removed and patched in part. The condition of the school is such that it is not a credit to the community. 2'07 2O8 opinion that the School Board could transfer sufficient funds for this project fron some other project if it is so much more urgent, Mr. Young stated that the Chairman of the School Board has informed him that the Board is agreeable to delaying any action on the matter until the end of the present school term. at which time it mill have a clearer picture of its financial status, and moved that Council defer any action on this matter until the end of the present school term. The motion was seconded by Mr. Mheeler and unanimously adopted. REPORTS OF OFFICERS: ZONING-pARKS AND PLAYCROUNDS-INBUSTRIES: Council at its meeting of December I0, lq62, having directed the City Manager to ascertain the cost Of installing eight fire alar~ boxes in connection ~ith the expansion of the plant of Johnson-Carper Furniture Company, Incorporated, as requested in a communication under date of December t4, 1961, he submitted a written report, advising that the estimated cost of the work is $3,557.77 and recommending that this amount be appropriated. On motion of Mr. Wheeler, seconded by Wr. Dillard and unanimously adopted, the matter was referred back to the City Manager for consultation ~ith officials of Johnson-Carper Furniture Company, Incorporated. ~ith a vie~ of reducing the number of fire alarm boxes. REPORTS: The City Manager submitted a written report, transmitting a report of the Department of Public Welfare for the month of January, 1962, and listing monthly department reports on file in his office. On motion of Mr. loung, seconded by Mr. Pollard and unanimously adopted, the report was ordered filed. ZONING-SETBACK LINES: A recommendation of the City Manager that a 5-foot setback line on the north side of Bullitt Avenue, S. E., between Jefferson Street and First Street. be abandoned, as a result of the encroachment of the Downtowner Rotel thereon, having been referred to the City Attorney for study and report as to the legal aspects of the matter, he presented the folloming report: #At your meeting of February 26, the City Manager presented a letter from the Commissioner of Buildings adrisin9 that the latter's office had issued a permit for the erection of the Down- towner Motel, estimated to cost $427,B00, covering the large lot located on the northeast corner of Jefferson Street and Bullitt Avenue, S. E. In so doing, Ordinance No. 9441. adopted on March 29. 1948. which established a 5-foot building setback line on the north side of Bullitt Avenue. S. E., between Jefferson and lot Streets, S. E., mas inadvertently overloohed. Heoceo on objection mos mode to the fact that the plans disclosed that the motel ioeld completely cover the overlooked building setboch area for a distance of 60 feel on the meat ond for a distance of 24 feet D inches on the east ends of the lot, mbich borders Bullitt Avenue. on the north, for a distance of 344.3 feet, A large portion of the contemplated construction ins been completed and, as indicated, much of it extends over the building setbock area. Accordingly. it is believed thor to require a revision of the plans at this time so that the building mould conform to the building setback line mould entail a large sum of money. Meverthelesso as soon as the Commissioner of Building discovered the error in issuin9 the building permit he directed the contractor to discontinue work on those portions of the motel extending over the building setback area until further directions were issued. The Building Commissioner thereafter promptly reported the situation to the City Manager by letter dated February 19 and, at your next regular meeting, the City Monager fully reported the situation to you and recommended that the ordinance establishing the bSilding setback line be repealed. After interrogating the City Manager and the Building Commissioner at length you then referred the matter to me for investigation and report. I hove discussed the circumstances at some length with the City Manager, the Director of Planning, the Director Of Public Rorks and the City Engineer and each of these gentlemen odvise me thor in lheir judgment the building setback line in question is no longer necessary. Presently Dullitt Avenue begins at lot Street. S. W.. and runs in an easterly direction. From its place of beginning it is only 30 feet in width for a distance of 115.5 feet. However, o lO-foot building setback line exists on its south side for this distance. At that point, continuing eastwardly to Jefferson Street, the avenue is 43 feet in width and no buildin9 set- back line exists on either side. Here the Patrick Henry Hotel is adjocent to its right of way on the north and a consideroble portion of the parking gorage borders its right of woy on the south. From Jefferson Street to 1st Street. S. E.. its present width is 66 feet independently of the ove~ooked 5-foot ~ide building setback line, ~hich is the only building setback line existing between those streets. From lot Street, S. E., to an alley east Of 5th Street, S. E., said avenue is 6D feet side and from that alley easterly it is only 50 feet mide. Mo building setback line has been established on either side of Bullitt Ave- nue for its entire length east of lot Street. S. E. Incidentally, Jefferson Street immediately south of its intersection with Dullitt Avenue is 60 feet wide and immediately north of that intersection if 65 feet wide and from there, in a northerly direction, it widens a little to Franklin Road at which point it again reduces to 60 feet. And there are no building setback lines established in the vicinity on either side of Jefferson Street. With reference to Council*s right, in itsdiscretion, to repeal the ordinance establishing the building setback line in question, I quote from the case of Musbaum vv Norfolk* 15i Va. 601. at pages 607-800: '(10) The ordinance mhich required Nnsbaum to set back his building five feet from street being a police regulation, ond thereforethe exercise of a governmental discretion on the part of the council; he could acquire no vested interest therein, nor could the council make such ordinance Jrrepealable. as the Constitution provides that the police power of a State shall never be abridged. Section 159. The council in the exercise of its gov- ernmental power could abandon said building line when~ ever in its discretion the public melfare demonded.' " After a discussion of the matter, Mr. Dillard contending that he ~ould not vote to repeal the Ordinance establishing the setback line unless the property ot~ners request that the Ordinance be repealed. Mr. Webber moved that the City Attorney be directed to prepare the proper Ordinance repealing the Ordinance establishing a 5-foot setback line on the north side of flullitt Avenue. S. between Jefferson Street and First Street. The motion mas seconded by Mr. Young and adopted, Mr. Dillard voting no. 2.0.9 2 10 BUDGET: The City Auditor submitted a mrltten report, advising that the city may need more money for the purpose of paying expenses and debts of the city heretofore incurred or to be incurred during the balance of the current fiscal year than it may collect from taxes and other revenues during the aforesaid period of time, and requesting authority to negotiate short-term loans, from time to time, as may be necessary to pay said expenses and debts. Mr. Young moved that Council concur in the request of the City Auditor and offered the following Resolution: (#14733} A RESOLUTION authorizing the negotiation of short-term loans for the purpose of paying current expenses or debts of the City. (For full text of Resolution. see Resolution Hook No. 25. page 291.) Mr. Young moved the adoption of the Resolution. The notion Mas 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. Cornell absent) ZONING: Council having previously referred to the City Planning Commis- sion for study and recommendation a request of Dr. John O. Boyd, Jr., that his property located on the north side of McClanahan Street, S. W., between Crystal Spring Avenue and Rosalind Avenue. described as Lots 1-4. inclusive. Block $0. Crystal Spring, Official Tax No. 1040904. be rezoned from Special Residence District to Business District, the City Planning Commission submitted a written report, advising that the property in question is surrounded on three sides by business lots and that the general function of this area is that of a center for medical facilities, and recommending that the request for rezoning be granted. Mr. Young moved that a public hearing on the matter be held at 2:00 o'clock, p. m.. April 2, 1962. The motion ~as seconded by Mr. Wheeler and unani- mously adopted. ZONXNG: Council having previously referred to the City Planning Commis- sion for study and recommendation a request of Concrete Ready Mixed Corporation that the southern 17.6 acres of a tract of land located between Mulberry Street and Miller Street, N. M., at the corporate limits, designated as Official Tax No. 2720104, be rezoned from General Residence District to Heavy Industrial District, the City Planning Commission submitted the following report: *The City Planning Commission considered the above rezoning request in its February 21, 1952 meeting. The Commission studied the potential of this area for future land use, its topography and its relationship to other developments surrounding the site. It was found that the lot is located ad- jacent to an industrial access road for which a bridge has been constructed recently by the Virginia State Highway Department, In addition, the land shows a potential for industrial develop- ment because of its proximity to an existing plant, as well as main lines of the Norfolk and Mestern Railroad, It Has also learned that the developers intended to utilize the northern section of their land for residential development. Through proper design of the residential subdivision, satisfactory separation from residential 211 and industrial land cnn be accomplished, particularly because of the difference in elevation betmeen the two areas amounting to 50 to 60 feet In sereral locations. It is assumed that a satisfactory burrer strip can thus be obtained between the tun zones. The City Planning Commission concluded that the development of this site for industrial purposes is feasbile and not detrimental to residential developments. It is recommended to City Council that the above mentioned property be resorted from General Residence District to Beavy Industrial District." Mr. Dillard moved that a public hearing On the matter be held at 2:00 o'clock, po m., April 2. lq&2. The motion was seconded by Mr. Rheeler and unanimously adopted. ZONING: Council having previously referred to the City Planning Commission for study and recommendation a request of Sugar Loaf Company. Limited, that property located On the east side of Bollins Road, N. E., south Of Liberty Road, described as Lots 5 and 6. C. G. Orange gap. Official Tax Nos. 3121705 and 312170b, be rezoned from Special Residence District to Business District. the City Planning Commission submitted a written report, advising that after a thorou9h investigation of all the city planning aspects involved, it was concluded that in the absence of a neighborhood development plan for the Dollins Road area it was not advisable to proceed in this matter until such plans can be obtained, therefore, i the Commission tabled this issue until such time when more detailed information will be available. It appearing that the Attorney for the petitioner has no objection to the request for resorting being tabled. Mr. Dillard moved that Council concur in the report of the City Planning Commission. The motion was seconded by Wr. Wheeler and unanimously adopted. REPORTS 0¥ COMMITTEES: TRAFFIC: Council at its meeting of December I0. lq61, having referred to a committee composed of Messrs. Denton O. Dillard. Chairman, Roy R. Pollard, Sr., and Vincent S. Wheeler for study and recommendation a proposal of the Liberty Sales Corporation to install a Traf-O-Teria Fine Box System for collection of parking meter fines on a trial basis, the committee submitted the following report: *Purusant to your directive of December ID, 1961. your undersigned Committee has stndied the offer of Liberty Sales Corporation to furnish to the City for a trial period neces- sary supplies to install fine collection boxes on the streets wherein persons may deposit traffic ticket fines. We believe that the offer should be accepted, since the system is designed to provide a convenient method of paying fines to persons who receive traffic tickets for still vio- lations and relieve them of making trips to the Municipal Building. We are advised that use of these facilities in other cities has met mith favorable reaction from citizens and has resulted in increased fine payments by transients. Liberty Sales Corporation has agreed to furnish thirty fine collection boxes (to be installed by it) and 25,000 traffic tickets with envelopes, which will be prepared to meet City specifications, for a trial period of ninety days or six months, with the understanding that. at the end of the 212 trial period, if the Cji7 decides not to keep the system, the Corporation mill remove the boxes and there mill be eD cost to the City. If the City decides to keep the system, the cost mill be $22.50 for each of the boxes and $30.00 per thousand for the tickets, a total cost of $1,42S.00, Your Committee recommends that the offer of Liberty Sales Corporation be accepted and that the City Auditor be instructed to install the system for a trial period of slx months and, at the end of that time. submit to this Committee a report and evaluation of the system's operatlon.' Mr. Webber moved that Council concur in the recommendation of the committ~ and that the matter be referred to the City Attorney for preparation of the proper Resolution. The motion was seconded by Wt. Young and unanimously adopted. UNFINISUED BUSINESS: NONE. CONSIDERATION OF CLAlWS: NONE, INTRODUCTION AND CONSXDERATXON OF ORDXNANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. Id?R1, vacating, discontinuing and closing a portion of ~ertz Avenue, N. E.. and all of a IS-foot alley leading there- from, between Ridgefield Street and the Shenandoah Valley Division of the Norfolk and Western Railway Company, having previously been before Council for its first reading. Fend and laid over. was again before the body. Mr. Wheeler offering the following for its second reading and final adoption: (a14721) AN ORDINANCE vacating, discontinuing and closing a portion of Mertz Avenue, N. E., and ali of a 15-foot alley leading therefrom, between Ridge- field Street and the Shenandoah Valley Division of the Norfolk and Western Railway Company in the City of Roanoke, Virginia. (For full text of Ordinance. see Ordinance Book No. 25, page 28D.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Pollard, ~ebber. Wheeler. Young, and the President. Mr. Anderson ................... NAYS: None .....................O. (Dr. Cornell absent) AIRPORT: Ordinance No. 14725. authorizing the City Manager to execute an instrument granting a license to the United States of America, Federal Aviation Agency. embodying the ~ight and privilege to install a radar site and underground duct system at the Roanoke Municipal Airport, having previously been before Council for its first reading, read and laid over, nas again before the body. Mr. Pollard offering the following for its second reading and final adoption: (~14725) AN ORDINANCE authorizing the City Manager to execute an instrument 9ranting a license to the United States of America, Federal Aviation Agency, embodying the right and privilege to install a radar site and underground duct system at Roanoke Municipal (Moodrum) Airport. (For full text of Ordinance, see Ordinance Book No. 25. page 289.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by M~. Young and adopted by the following vote: {{ AYES: Messrs. Oillard. Pollard, Mebber, Nheeler, Young. and the President, Mr. Anderson ................... 6. NAYS: None .................... O. (Dr. Cornell absent) AIRPORT: Ordinance No. 14726, authorizing the leasing of approximately three acres of land at the Roanoke Municipal Airport to the United States of America for use of the 9209th Air Reserve Recovery Squadron. 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: (#14720) AN ORDINANCE authorizing the leasin9 of approximately three acres at Roanoke Municipal (Moodrum) Airport to the United States of America for use of the 92Ogth Air Reserve Recovery Squadron. (For full text of Ordinance, see Ordinance Book No, 25, page Mr. ~heeier moved the adoption ~ the Ordinance. Yhe motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard. Pollard, ~ebber, Mheeler, Young, and the President. Mr. Anderson ................... NAYS: None .....................O. (Dr. Cornell absent) TUBERCULOSIS SANATORIUM: Ordinance No. 14729, authorizing the leasin9 of approximately sixty-t~o acres of land at Coyner Springs to Max A. and M. Kent Murray, trading as Murray Orchards. having previousey been before Council for offering the following for its second reading and final adoption: (=14729) AN ORDINANCE authorizing the leasing of approximately 62 acres at Coyner Springs to Max A. and N. Kent Murray. trading as Murray Orchards. (For full text of Ordinance, see Ordinance Book No. 25, page 291.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: Messrs. Dillard, Pollard. ~ebber. ~heeler, Young. and the President. Mr. Anderson ................... 6. NAYS: ~one .....................O. (Dr. Cornell absent) MAYER DEPARTMENT-STATE IIIGUMAYS: Council having previously directed the City Attorney to prepare the proper Ordinance authorizing the City Manager to execute an agreement between the City of Roanoke and the Virginia Department of Highways ~ith reference to the relocation of certain water mains and appurtenances from Hershberger Road to Orange Avenue, necessitated because of the construction of Interstate Route SOl, he presented a Resolution; ~hereupon, Mr. Young offered the following: (~14734) A RESOLUTION authorizing the City Manager to execute an agree- ment betaeen the City and the CommonWealth of Virginia, Department of Dighways, ~ith reference to the relocation of certain water mains and appurtenances from Rershberger Road to Orange Avenue, necessitated because of the construction of Interstate Route 501. and to subsequently execute an addendum thereto. (For full text of Resolution. see Resolution Book No. 25. page 292.) '.21:4 Hr, Young moved the adoption of the Resolution. The motion uns seconded by Mr. Mheeler and adopted by the folloain9 rote: AYES: Ressrs, Dillard, Pollard, Webber, Rbeeler, Young. and the President, Mr. Anderson ................... 6. NAYS: None .....................O. (Br. Cornell absent) MOTIONS AND MISCELLANEOUS BUSINESS: DEPARTRENT OF BUILDINGS: Malor Anderson called attention to a racancy on the Board of Appeal, Building Code, because of the resignation of Mr. Clarence M. Uawkins. and called for nominations to fill the unexpired term of Hr. Bawkins endin9 Stptember 30, 1962. Rt. Young placed in nomination the name of Stuart A. Barbour, Sr. There being no further nominations, Mr. Stuart A. Barbouro Sr., was elected as a member of the Board of Appeal. Building Code. to fill the unexpired term of Mr. Clarence M. Hawkins ending September 30, 1962, by the following vote: FOR ~R. BARBOU~: Messrs. Dillard, Pollard, ~ebber, Mheeler, Young, and the President, Mr. Anderson ................. 6. (Dr, Cornell absent) There being no further business, Council adjourned. APPROVED ATTEST: 2 .5 COUNCIL. REGULAR MEETING, Monday. March 12. 1962. The Council of the City of Roanohe met Jn r~gulsr meeting in the Council Chamber in the RunJcipal 5uilding, Monday, March 12, 1962. at 2:00 o'clock, p. m.. the regular meeting hoar, with the President. Mr. Anderson, presiding. PRESENT: Messrs. Cornell, Dillard, Pollard. Mebber, Mheeler, Young, and the President. Mr. Anderson .......... 7. ABSENT: None ..................O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Janes N. Eincanon. Assistant City Attorney, and Mr. J. Robert Thomsso City Auditor. XNVOCATION: The meeting was opened with a prayer by the Reverend C. Andre Kearns, Pastor, Fifth Avenue Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. March S, 1962, having been furnished each member of Council. on motion of Mr. Wheeler. seconded by Mr. Nebber and unanimously adopted, the reading ~as dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS ANY ALLEYS: A public hearing having been set for 2:00 o'clock, p. m., Monday, March 12, 1962. on the application of Dr. Howard D. Sackett to per- manently abandon, vacate, discontinue* and close a portion of Brambleton (SweetbrJer~ Avenue, S. N., at Red Rock Road. adjoining Lots 13, 14 and IS. Block S. Corbieshaw Map, the matter was before Council. The request having been referred to the City Planning Commission for study, report and recommendation, the City Planning Commission submitted its report, advising that the Planning Commission has made all the necessary investigations in regard to possible future street widening on Drombleton Avenue, and that a proposal prepared by the City Engineering Department, which suggests the vacating of a tri- angular strip of lan,l of former Sweetbrier Avenue and the dedication of a small triangular strip of land to the City of Roanoke for street ~idenin9 purposes, is acceptable as being reasonable and feasible, the Commission recommending that the triangular strip of land of former Sseetbrier Avenue be vacated ~nd that simulta- neously the dedication of a triangular piece of land by the petitioner as shorn on Plan No. 4678. on file in the office of the City Engineer. be accepted. Council havin9 also appointed viewers to view the property in question, the report of the viesers, stating that they are unanimously of the opinion that inconvenience aoald result either to any individual or to the public from vacating.', closin9 the strip of land in question, ~as presented to Council. discontinuing and In this connection. Mr. W. Courtney King, Sr.. Attorney, representing DF. Sackett, appeared before Council and asked that the triangular strip of land of former Sseetbrier Avenue be vacated as requested, Mr. King presenting a deed to the small triangular strip of land to be dedicated by bis client to the City of Roanoke 216 No one sppesrio9 ia opposition to the reqsest, Mr. Yheeler moved tbst Council concur is the recommendation of the City Planning Commission and that the following Ordinance be placed on its first reading: (=14735) AN ORDINANCE vacating, discontinuing and closing a portion of original Sweetbrier Avenue. $. M.. shown on the Hep of Corbieshsw, of record in Piol Book 2 st Page 33 in the Office of the Clerk of the Circuit Court of Roanoke County. !Virginia. property of Corbieshau Development Corporation, adjoining Lots 13, 14 and 1115. Block 5, Corbieshan, on the east, and more particularly hereinafter described. ~IIEREAS, Howard Dustin Sackett and Doris Lovell Sachett of Roanoke. iglnia, have heretofore filed their petition before Council in which petition they Irequest Council to permanently vacate, discontinue and close that portion of old iSweetbrier Avenue. S. L. as hereinafter described and set forth, of the filing of !which said petition due notice mas properly posted as required by law; and ·HEREAS. the Council of the City of Roanoke, ¥irginia. on the 12th day of iFebruary. 1962, adopted Resolution No. 14708, appointin9 viewers, in accordance with the prayer of said petition, to view that portion of old Sweetbrier Avenue, S. ~., ~hereJnafter described, which was requested to be Vacated. discontinued and closed, ,and to report whether or not in their opinion any. and. if any, what inconvenience would result from the permanent vacating, discontinuing and closing of that portion of said old Sweetbrier Avenue. S. N., hereinafter described; and ~HEREAS, it appearing from s report in writing filed by the said viewers in this proceeding that no inconvenience would result either to the public or to any individual from the permanent vacating, discontinuin9 and closing of that por- tion of old Sweetbrier Avenue, S. ~., hereinafter described; and RHEREAS. a public hearing on the matter of permanently abandoning, vacat- ing. discontinuin9 and closing that portion of old Sweetbrier Avenue, S. ~., here- inafter described, has been held, notice of mhich said public hearin9 was duly adver tined in "The Roanoke World-News" on February 23, 1962, advising the public of said public hearing before this Council on March 12. 1962, at 2:00 o'clock, p. m., on said day, at which meetin9 there was expressed no objection or opposition to perma- nently vacating, discontinuing and closing that portion of old Sweetbrier Avenue, S. ~., hereinafter more particularly described; and WtlEREAS. this matter has l,een referred to the Planning Commission of the City of Roanoke. which said Commission has approved the permanent vacating, discon- tinuing and closing of that portion of old Sweetbrier Avenue, S. ~.. hereinafter i!more particularly described; and RHEREAS, it further appearing to the Council that the petitioners have iagreed to bear and defray the costs and expenses incident to this proceeding. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, !]that that portion of old Sweetbrier Avenue, S. W., more particularly described as !ifollows, to-wit: BEGINNING nt the original northerly corner of flrawbleton Avenue, S. W** formerly Sneetbrier Avenue, nnd Red Roch ROSdl thence with the original northerly line of Oraubleton Avenue N. 57° 40' E. 222.16 feet to a point on the ned northoesterly line of Drswbleton Avenue 35 rest from the center line; thence with the new north- westerly line of Drnwbleton Avenue, running parallel to and 35 feet distant from the center line S. 50° 25* W. 221,78 feet to the new northerly corner of Drswbleton Avenue and Red Rock Rood; thence with the northeasterly line of Red Roch Road N. 36° 48' W. 28.07 feet to the point of REG1NM1NG. ns said street is shown on the Map of Corbieshuw, of record in Plat Boob 2 at Page 33 in the Office of the Clerh of the Circuit Court of Roanoke County. Virginia. be. and the sane is hereby, permanently vacated, discontinued and closed, and that all right, title and interest of the City of Roanoke and the public in and to that portion of old Sweetbrier Avenue, 5. W., hereinabove described, be, and they are hereby, released insofar ns the Council is empowered so to do, except that n public easement is hereby reserved for the maintenance, repair and replacement of the storu drains, sewer and water lines and all other municipal installations, if any, now located in that said portion of old Sweetbrier Awenue. S. ~.. hereinahove described. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, di- rected to mark *Permanently Vacated. Discontinued and Closed* that portion of said old Sweetbrier Avenue, S. W., hereinabove more particularly described, on all maps and plats on file in the office of the City Engineer of the City Of Roanoke. Virginia. ox which said maps and plats that portion of old Sweetbrier Avenue, S. W., herein- above described, is shown, referring to the book and page of Ordinances and Resolu- tions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council shall deliver to the Clerk Of the Hustings Court for the City of Roanoke. Virginia. and to the Clerk of the Circuit Court of Roanoke County. Virginia. an attested copy of this Ordinance in order that said Clerks may make proper notation on all maps and plats recorded in their respective offices upon which are shown that portion of old Sweetbrier Avenue, S. W.. above-mentioned, which is hereby permanently vacated, discontinued and closed. 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. Mr. Wheeler then moved that the following Ordinance, authorizing the ac- quisition of a small parceI of land for public street purposes, be placed upon its first reading: (~14736) AN ORDINANCE authorizing the acquisition of a small parcel of land on the north side of Brambleton Avenue, S. W.. being a portion of Lot 15. Block 8, as shown on the Map of Corbieshaw Development Corporation, for public street purposes. WHEREAS, Howard Dustin Sackett and Doris Lovell Sackett, husband and wife have offered to donate and convey to the City the small triangular parcel of land hereinafter described abutting the present north line of Drambleton Avenue, S. W., 2:1..7 219 (~14737) AN ORDINANCE to amend nnd reenact Title IV. Chapter 4, Section or The Co~e or the City of Roanoke, 1956, in relation to Zoning. MHERRAS, application has been made to the Council of the City of Roanoke to have property located on the mesa side of Peters Creek Road, N. M.. at its ante section math and south of Hershberger Road, designated as Official Tax NOS. 2770101,11 2770104 and 2770105, rezoned from Special Residence District to Business District~ nad, MHEREAS, the City Planning Commission has recommended that the hereinafter described land be renamed rim 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, 1956, relating to Zoning, bas been published in 'The Roanoke*i Morld-Nems.' a nemapaper published in the City Of Roanoke. for the time required by RREREAS, the hearing as provided for Jn said notice was held on the 12th day Of March. 1962, at 2:00 oOcloch, p. m., before the Council Of the City of Roanoke. at mhJch 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 ORDAINED by the Council of the City of Roanoke that Titlel X¥, Chapter 4, Section !, of The Code of the City of Roanoke, 19ab, relating to lng, be amended and reenacted in the folio#lng particular and no other, viz.: Property located on the west side of Peters Creek Road, N. W.. at its intersection with and south of Hershberger Road, designated as Official Tax Nos. i 2770101, 2770104 and 2770105, be, and is hereby, changed from Special Residence tract to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dill a-d. Pollard. ~ebber. Wheeler. Young. and the President, Mr. Anderson .......... 7. NAYS: None ............O. ZONING-SETBACK LINES: A public hearing having been set for 2:00 o'clock, p. m.. Monday, March 12. 1962. on a recommendation of the City Planning Commission that a setback line varying from approximately fl to 28 feet', startin9 from the exist; lng right of may, be established on Brandon Avenue, S. W.. from Franklin Road to Colonial Avenue, the matter wasbefore Council. In this connection, Mr. R. Cletus Broyles, City Engineer, appeared before Council and explained the need for the proposed setback line. After a discussion of the matter. Mr. Dillard protesting that there is no need of Council establishing setback lines mben they are not enforced by the Build- ing Commissioner and raising the question as to the cost of acquiring land within th~ proposed setback area, 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: 220 to Franklin Road; and WRER£AS. the said hearing was held ut the time and place aforesaid before the Council Of the City Of Roanoke. at which hearing all property owners Jn the affected area and all other persons were given an opportunity to be heard on the question; and ~8EREA$, the Roanoke City Planning Commission has heretofore recommended and approved the establishment of building setback lines on said Brandon Avenue as hereinafter set forth; and WHEREAS, after hearing all of the evidence submitted, Council is of the opinion that the said building setback lines should be established. TIIEREFOR£, BE IT ORDAINED by the Council of the City of Roanoke that the follo~ing setbsck lines be. and the same are hereby, established on both sides of Brandon Avenue, S. W.. between Colonial Avenue and Franklin Road. S. W., viz.: On the north side of Brandon Avenue. a setback line parallel to and 10.0 feet north of the existing property line from the west side of Franklin Road to the east side of Colonial Avenue extended; On the south side of Drandon Avenue, a setback line parallel to and 28.0 feet south of the existing property line from the west side of Franklin Road to the east side of Winston Avenue; On the south side of Brandon Avenue, a setback line parallel to and 10.0 feet south of the existing property line from the west side of Winston Avenue to the east side Of Lynn Avenue; On the south side Of Brandon Avenue, a setback line varying in depth from 10.0 feet on the west line of Lynn Avenue to 10.46 feet on the east line of a 12.0 foot alley; On the south side of Brandon Avenue, a setback line varying in depth from 10.4b feet on the west line of a 12.0 foot alley (between Lynn Avenue and Sanford Avenue) t o 12.06 feet on t he east line of Sanford Avenue; On the south side of Brandon Avenue, a setback line varying in depth from 12.05 feet on the west line of $anford Avenue to 12.41 feet on the east line of a 12.0 foot alley, curving to the left and generally paralleling existing property line; and On the south side of Brandon Avenue. a setback line varying in depth from II.OT feet on the west line of a 12.0 foot alley (between Sanford Avenue and Colonial Avenue) to 1.81 feet at a point on said setback line 70.19 feet west of the westerly line of aforementioned 12.0 foot alley. BE IT FURTHER ORDAINED that no building hereafter erected on any of said lots abutting on said avenue shall extend over the said building setback lines as established by the provisions of this ordinance. The motion moa seconded bT Hr. Wheeler and odopted by the following rote: AYES: Wessra, Cornell, Nheeler, Young, and the President, Mr. Aoderson-~ (Messrs. Pollard and Webber not voting) PETITIONS AND COMRUNICATIONS: STREETS AND ALLEYS: A petition of the Trustees of the Belmont Presbyterialn Church and Rosa A. Saker. requesting that the northern portion of an alley lying between Murroy Avenue and Montrose Avenue, S. E., west of Ninth Street, between theJI properties, be vacated, discontinued ond closed, in order to provide off-street parh~ lng for the Belmont Presbyterian Church, was before Council. In this connection. Mr. Ernest W. Ballou, Attorney. representing the Bel- mont Presbyterian Church, appeared before Council and explained the need for closing the alley. Mr. Oallou requesting that viewers be appointed to viem the property in question. Mr. Nheeler moved that Council concur in the request for appointment of (31473g) A RESOLUTION providing for the appointment of five freeholders, any three Of whom may act, as vieuers in connection with the application Of Belmont Presbyterian Church and Rosa A. 5aker permanently to vacate all that portion of an unopened and unimproved alley adjacent to and west Of Lots 25, 26 and 27, Block 6. Section A, Buena Vista Land Company (property of Belmont Presbyterian Church). and lying east of and adjacent to Lot 13, Block 6, Section A. Buena Vista Land Company (property of Rosa A. Saker), in the City Of Roanoke, Virginia. (For full text of Resolution, see Resolution Book No. 25, page 2q4.) Mr. Wheeler moved the adoption of the Resolution. The motion was sec- onded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, Nebber, Wheeler, Young, and the President, Mr. Anderson .......... 7. NAYS; None ............O. Mr. Wheeler then moved that the request be referred to the City Planning Commission for study, report and recommendation. The motion was seconded by Mr. Young and unanimously adopted. AIRPORT: A communication from Mr. Harry R. Yates, tendering his resigna- tion as a member of the Airport Committee. since he was appointed to the Airport Committee by virtue of being City Auditor, and since he is no longer City Auditor, was before Council. Mr. Webber stated that at the Council Meetin9 on January 23, 1961, in his motion naming a committee to study the question Of securing an instrument landing system at the Roanoke Municipal Airport, he intended that Mr. Yates be appointed as an individual rather than in his capacity as City Auditor. 2 2X 222 Council expressing the desire to hive Mr. Yotes coatinue os o member of the Committee mhich has been appointed on several occeelons.to study various oirporl matters. Mr. Nebber moved that the City Clerk be Instructed to ascertain from Mr. Yntes mhether or not he mill agree .to continue in this capacity. The matins mos seconded by Rt. Pollard and unanimously adopted, SEMERS AND STORM DRAINS: A Resolution of the Board of Supervisors of Roanoke County, requesting that the contract betmeen Roanoke County and the City of Roanoke. dated September 28. 1954. dealln9 mith the treatment of domestic and com- mercial wastes, be emended by adding thereto the followin9 areas: Area I - in the vicinity of Route 116 (Cove Road) and Route 629 (Green Ridge Road); Area 2 - in the ivJcinity of Route 116 (Cove Road) and Route 847 (BarrJngton Road); Area 3 - north of iRoute 117 (Peters Creek Road) and west of Route 116 (Cove Road); Area 4 - east of Route 666 (Bandy Road) at corporate limits; Area S - north of Route 720 (Colonial ~Avenue) and east of U. S. Route 221 (Brambleton Avenue); and Area 6 - nortbuest of ~iRoute 117 (Peters Creek Road) and southwest of U. S. Route 11 (NlllJamson Road), !before Council. On notion of Mr. ¥oun9. seconded by Mr. Wheeler and unanimously adopted. the request sas referred to the Sewer Committee for study, report and recommendation REPORTS OF OFFICERS: LIBRARIES: The City Manager submitted a written report, requesting au- thority to enter into an agreement with American Lending Library Incorporated !~hereby the city can rent books on a monthly basis at $2?2.50 per month, the City Manager explaining that this would permit popular books to be available, and yet not ~fill the library with books. ~hicb there is only a passing desire to read. On motion of Mr. Webber. seconded by Dr. Cornell and adopted, the request 'was referred to the City Attorney for preparation of the proper Resolution providing for rental of the boobs on a trial basis for six months, Mr. Dillard voting no. REPORTS OF COMMITTEES: AIRPORT: Council herin9 previously referred to the Airport Committee for study and recommendation a report of the City Manager suggesting that he be authorJzdd to initiate a Federal Aid Project to acquire the necessary land for the extension of Runuay 15-33. together with sufficient land to satisfy theclear-zone requirements at each end of the runway, and to acquire additional land on the west end of Runway 5-23. which would satisfy requirements relative to instrument landing, at a total estimated cost of $260.000.00. the committee submitted its report, advising that it !lis of the opinion th. at steps should be taken immediately to secure the necessary iiland needed for the instrument landing system and other future expansions that may !!be necessary, encompassing a total of 346.05 acres, and recommending that Council i~initiote a project to secure said land at a total estimated cost Of $1.000.000.00 as irapidly as possible, the maximum period for the land acquisition to be three years, -;823 In this connection Hr. H. Cletus Broyleo, City Engineer, and Mr. Marshall L. Harris, Manager of the Airport. appeared before Council nad outlined the proposed proJect. Mr. Harris explaining that because of shot Is hnosn as the 'missed opproach~ procedure the Federal Aviation Agency mill oat accept Hunnay 5-23 for Instrument landing, that Runway 15-33 is the only runway deemed suitable rot this purpose. In · discussion of the matter. Mr. #ebber. Chairman of the Airport Con= mittee, explained that the committee is recommending the acquisition of additional land nos because it feels that if the'area in question is sold for ot~er purposes the Airport sill be bottled in. that it is felt.the acquisition of this additional land is necessary to protect the city against suits for damages due to excessive noise from planes, that possibly the land cnn be leased in the future for industrial~ purposes, Mr. Webber contendJn9 that the cost of acquirin9 this laud will be de- frayed by federal and state contributions and additional revenue from airport opera-! tions and should not cost the taxpayers one cent, stating further that the committee!/ decided that rather than acquire portions Of the land under separate projects each year it would be best to acquire all Of the land under one project over a three-year! period. Mr. Pollard. a member of the Airport Committee. stated that he thinks thisI is a very ambitious plan, but a very necessary one. i Mr. Dillard suggested that the matter be carried over until the next lar meeting of Council, but was informed that the deadline for acceptance of airport~ projects by the Federal Aviation Agency for the fiscal year iq63 is March 16, 1962. Mr. Dillard declared that he is in favor of improving and expanding the Airport, but that he feels any improvement program should be delayed until the city is in a better financial condition, that he feels if the Airport is improved at thisi time. the taxpayers will have to bear the brunt of the cost. that he does not feel the additional land will be suitable for industrial purposes because of the high- powered airplanes using the runway. The matter having been discussed ut great length, Mr. Webber offered the followin§ Resolution: (314740) A RESOLUTION authorizing the City Manager to make requisite re- quests for federal aid to assist the City in acquiring necessary additional real es* at Roanoke Municipal (Woodrum) Airport for the protection and future expansion of the Airport. (For full text of Resolution, see Resolution Book No. 25, page 295.i Mr. Mebber moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Pollard, Mebber, Wheeler, Young. and the President. Mr. Anderson ......................................... 5. NAYS: Messrs. Cornell and Dillard ..... UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. 224 INTRODUCTION AWD CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance Ho. 14713, rezoniog property locsted on the east side of Colonial Avenue. S. W.. south of Tuenty-first Street. described as Lot 9, Block 3, Colonial Heights. Official Tax No. 1271209, from General Residence Oistrict to Ruslness District, having previously been before Council for its first reading, read and laid over, in order that the attorney for the petitioner end u spokesman for property owners opposed to the rezoning might be present ut the same meeting to be heard on the proposed rezonJng, the matter wes before the body. Mr. Harry P. McKinney, Jr., 2101Sanford Avenue. S. W.. again appeared before Council and reiterated previous objections to the proposed rezoning. Mr. T. L. Plunkett. Jr., Attorney, representing Hrs. Uladys H. Martin. appeared before Council and advised that the Minneapolis-Honeywell Regulator Com- pany is no longer interested in erecting an office type building on the property of ibis client, but that his client would still like for the property In question to be rezoned for business purposes with a vies of erecting a nice type business thereon. In a discussion of the matter. Mr. Pollard stated that he still thinks the area in question is suitable for business purposes, but that since the appearance of !Mr. HcKinney before Council to emphasize the fact that there are 116 objectors to the proposed rezoning he does not feel the property should be rezoned. Hr. Dillard stated that he feels there nrc other suitable locations for the Rlnneapolls-Honeywell Regulator Company and offered the followin9 Ordinance on !its second reading for the purpose of voting it down: (~14713) AN ORDINANCE to amend and reenact Title XY, Chapter 4. Section Ii iiof The Code of the City of Roanoke, 1956. in relation to Zoning. i! (For full text of Ordinance, see Council Minutes of February 19. 1962.) ! Mr. Dillard moved the adoption of the Ordinance. The motion was seconded ~!by Dr. Cornell and lost by the following vote: AYES: Mr. Webber ..........1. NAYS: Messrs. Cornell, Dillard, Pollard, Wheeler, Young. and the Presiden Mr. Anderson ......................... 6. ZONING-SETBACK LINES: The City Attorney having been directed to prepare ia~ Ordinance repealing the Ordinance establishing a S-foot setback line on the north iside of Bullitt Avenue. S. E., between Jefferson Street and First Street. presented ![same; whereupon, Mr. Webber moved that the following Ordinance be placed upon its first reading: (g14741) AN ORDINANCE repealing Ordinance No. 9441, adopted on the 29th day of March, 1948. BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. {9441, heretofore adopted by this Council on the 29th day of March, 194R. be. and the same is hereby, repealed. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Pollard, Webber. Wheeler, Young, and the President, Mr. Anderson ......................................... 5, NAYS: Messrs. Cornell sad Dillard .....2. HEALTH DEPARTMENT: The City Attorney having been directed to prepare n Resolution permitting Mr. R. C. Shifflett and other persons $iuilarly situated to continue to occupy trailers parked contrary to the provisions of the City Code. presented same; uherenpon, Mr. Dillard offered the follouing: (s14742) A RESOLUTION permitting R. C. Shifflett and other persons similarly situated to continue to occupy trailers parked contrary to tbe provisions of Chapter 2 of Title IX Of The Code Of the City of Roanoke, 1956. (For full text of Resolution. see Resolution Rook No. 25, page 296.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the folloling vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber, Mheeler. Young. and the President, Mr. Anderson .......... 7. NAYS: None ............O. TRAFFIC: Council having previously directed the City Attorney to prepare a Resolution accepting the offer of Liberty Sales Corporation to install the Traf- O-Teria Fine Box System in the City of Roanoke on a trial basis, he presented same; whereupon, Mr. Dillard offered the following: (=14743) A RESOLUTION accepting the offer of Liberty Sales Corporation to install the Traf-O-Teria Fine Rox System in the City of Roanoke on a trial basis; directing the City Auditor to devise an efficient method for collecting and account- ing for traffic fines deposited in the Fine Rox System and. near the end of the tria,l period, to submit to the committee directed to investigate the System a report and evaluation of the System's operation; and directing said committee to make u further report to this Council. (For full text of Resolution, see Resolution Book No. 25, page 297.) Mr. Dillard .oved the adoption of the Resolution. The motion was seconded~ by Mr. Pollard 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: NONE. There being no further business. Council adjourned. APPROVED ATTEST: Clerk ~ 225 226 COUNCIL, REGULAR MEETING, Monday, March 19. 1962, The Council of the City of Roanohe met in regular meeting in the Council Chamber in the Mu.licipal Building, Monday, March 19, 1962, at 2:00 o'clock, p. m.. the regular meeting hour, with the President, Mr. Anderson. presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Mebber, Mhaeler, Young, and the President, Mr, Anderson ............. ABSENT: None ..................... OFFICE~tS pRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randglph Mbittle, City Attorney, and Mr. Jo Robert Thomas, City Auditor. INVOCATION: The meeting was opened ~ith a prayer by the Reverend E. James, Pastor. Loudon Avenue Christian Church. MINUTES: Copy of the minutes of the regular meeting held gu MonAay. March 12, 1962, ha¢ing been furnished each member of Council, on motion of Mr. Mheeler seconded by Mr. Pollard and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON pUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: CITY JAIL: A communication from Mr. Kermit E. Ailman, City Sergeant, advising that the remodeling of the City Jail has been completed tt a cost of approximately $?T,000.03 as compar~I with an estimated cost Of $323,000.00 previous. ly rejected by Council, that the present jail facilities should last for a number of years, subject to annexation, and inviting the members of Council to inspect the ne~/ facilities with him at t.~eir earliest convenience, ~as before Council. Members of Council indicating their intentions to inspect the new facili- ties at the end of the present meeting, Mr. Mheeler moved that the communication be! filed. The motion ~as seconded by Mr. Pollard and unanimously adopted. REPORTS OF OFFICERS: INBUSTRIES-WAYER DEPARTMENT-SEWERS AND STORM DRAINS: Council at its meeting of March 5, 1962, having referred to the Industrial Committee for study, report and recommendation as soon as possible the request of the Industrial Development and Investment Company that the City of Roanoke furnish water and sewer services to the property formerly or, ned by the American Viscose Corporation, the City Manager submitted a written report, advising that in accordance with instructions of the committee at a meeting on March 12, 1952, that he ascertain the cost of t~e sewer and water ~ervices, it is estimated that the cost of furnishing sewer service to the building to be occupied by Nolan Jackson Food Service, Incorporated, will be $3.000.00 and that the estimated cost of furnishing water service to all of the existing buildings on the property in question is $0,416.00. ',227 It sppearing that the members of Council had been previously informed at the committee meeting that the estimated cost Of furnishing mater service mas $5,000.00, Mr. Raymond E. Pillowo Manager of the Water Deportment. who wes present ut the meeting, explained that the estimate of $S,000.00 was based on one connectJot that since that time it has been brought to his attention that the National Board of Fire Underwriters mill not give the owners an insurance rate unless tmo connec- tions are made, that as far as he is concerned one connection mill furnish adequate mater service to the area, but that it will be necessary for the omners to have the insurance rate in order to obtain tenants tot the existing buildings on the property, Mr. Nebher raised the question as to why it is proposed to block off the sprinkler system in the existing buildings. Mr. Gordon C. Willis, Custodian, Industrial Development and Investment Company, who was present at the meeting, explained that this is for the purpose of metering water in each building and that as soon as a building is occupied the sprinkler system therein will be turned back on. After a further discussion of the question, Council agreeing that it is necessary for the owners of the property to have a fire insurance rate Jfl order to attract prospective tenants, Mr. Webber moved that the matter be referred to the City Attorney for preparation of the proper Ordinance providing for the furnishing of sewer and water services to the property formerly owned by the American Viscose Corporation, including the acquisition of necessary easements. The motion was seconded by Mr. Wheeler and unanimously adopted. SYREETS AND ALLEYS-PARKS AND PLAYGROUNDS: The City Manager submitted a mritten report, advising that the Norfolk and Western Railway Company under date of February 7. 1962, executed a deed whereby they conveyed to the City of Roanoke three small parcels of land located between 15th Street and loth Street, S. adjacent to the right of way of the Norfolk and Western Railway Company, and recommending that Council accept the offer. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered thc followifl9 emergency Ordinance: (~1474t) AN ORBINA~C£ providing for the acquisition from Norfolk and Western Railway Company of three small parcels of land located between 15th Street, S. W., and IBth Street, S. N., south of and adjacent to the right of way of Norfolk and Western Railway Company; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 303.) Mr. Dillard moved the adoption of the Ordinance. Y~e motion was seconded!i 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. 228 SEMERS AND STORM DRAINS: The City Manager submitted a mritten report, transmitting a petition signed by eleven property owners, requesting storm drain facilities at the intersection of Bradley Street and Fi*Idol* Road, N. E., and advised that in order to serve this area the city mould bay* to extend the present drain in Patrick Benry Boulevard at an estimated cost of approximately $100,000.00, the City #anager advising that be is asking Dr. Byron N. Cooper to add this area to bis list of drainage wells to be surveyed in the future. In this connection, Mr. S. D. Pegh, 319 Fieldale Road. N. E.. appeared before Council and advised that he nas informed by the City Manager in August. 1954, that if the property o~ers at 403 Fi*Idol* Road and 405 Fieldale Road would agree and secure rights from the property owner to the south they could place a drain between the two properties, draining the water off the street onto the property behind, and that the city would assist in channeling the water to the back of the property. Mr. Pugh advising that the property owners at 403 Fleldale Road and 405 Fieldaie Road have now indicated their willingness to permit the installation of 3 drain between their homes and asking that some relief be given to the property *.hers in that area. On motion of Mr. Dillard, seconded by Dr. Cornell and unanimously adopted, the matter was referred to a committee of three members of Council to be appointed by the Mayor for study, investigatio~ and report to Cocncll. Yhe Mayor appointed Messrs. Benton O. Dillard. Chairman. Roy L. Mebber, and Vincent S. Wheeler. CITY AUDITOr: A monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencing February 1, 1962, and ended February 28, 1962, was presented by the City Auditor. On motion of Mr. Pollard, seconded by Br. Dillard and unanimously adopted. the statement was ordered filed. REPORTS OF CO~MI~TEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. I~TRODUCTIO] AND CONSIDERATION OF OXDINANCES ANB RESOLUTIONS: STREETS A~ ALLEYS: Ordinance No. 14735, permanently abandoning, discontinuing and closing that portion of Brambleton (Sweetbrier) Avenue, S. at Red Rock Road, adjoining Lots 13, 14 and 15, Block 5, Corbieshaw Map, as shown on Plan No. 4678 on file in the office of the City Engineer, having pre- viously 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: (=14735) A:t ORDINANCE vacating, discontinuin9 and closin9 a portion of original Sweetbrier Avenue, S. M., shown on the Map of Corbieshaw, of record in Pla Book 2 at Page 33 Jn the Office of the Clerk of the Circuit Court of R~anoke County. Virginia, property of Corbieshaw Development Corporation, ad}oining Lots 13, 14 and 15, Block 5. Corbiesha~, on the east, and more particularly hereinafter described. (For full text Of Ordinance. see Ordinance Book No. 25. page 298.) Dr, Coraell moved the ndoptiou of the Ordinance. The motion uas secodded by Hr. Pollard and adopted by the follouing vote: AYES: #essrs. Cornell, Dillard, Pollard, Mebber, Mheeler, Young, and the President, NF. Anderson ............... 7. NAYS: None .....................O. STREETS AND ALLEYS: Ordinance NO. 147360 authorizing the acquisition of a small parcel of land on the north side of Drambleton Avenue, S. M., being a portion aY Lot IS, Block So as shown on the Map of Corbieshaw Development Corpor- ation, for public street purposes, having previously been before Council for its first reading, read and laid over. mas again before the body. Mr. Mheeler offering the following for its second reading and final adoption: (n1473b) AN ORDINANCE authorizing the acquisition of a small parcel of land on the north side Of Drambleton Avenue, S. M.. being a portion of Lot IS. Block 5, as shown off the Map of Corbieshaw Development Corporation, for public street purposes. (For full text of Ordinance, see Ordinance Book No. 25, page 300.) Mr. Eheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the followifl9 vote: AYES: Messrs. Cornell, Dillard, Pollard, Mebber, Wheeler, Young, and iI the President, Mr. Anderson ................ 7. il NAYS: None ......................O. ZONING: Ordinance No. 14737, rezoning property located on the west side ~ of Peters Creek Road, N. W., at its intersection with and south of Dershberger Road; designated as Official Tax Nos. 2770101, 2770104 and 2770105, from Special Resident District to Business District. having previously been before Council for its first reading, read and laid over. was again before the body. Mr. Dillard offering the following for its second reading and final adoption: (~14737) 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 301.) Mr. Dillard moved the adoption of the Ordinance. The motion was secondedl 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. ZONING-SETBACK LINES: Ordinance No. 14738, establishing building setback lines on both sides of Brandon Avenue, S. W., from Colonial Avenue to Franklin Road, 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: 229 230 (a14730) AN ORDINANCE establishing building setback Hues on bath sides Of Brandon Avenue, S. M.. from Colonial Avenue to Franklin goad. (For full text of Ordinance, see Ordinance Book No. 25. page 302.} Mr. Young moved the adoption of the Ordinance. The motion.was seconded by Mr. Pollard and adopted by the following rote: AYES: Messrs. Pollard. Mheeler, Young, and the President. Mr. Anderson--, ! MAYS: Messrs. Cornell and Dillard ........................................ (Mr. Rebber not rating} ZONXMG-SEYBACK LINES: Ordinance No. 14741, repealing Ordinance No. 9441, adopted on the 29th day of March. 1940, establishing a S-foot setback line on the north side of Bullitt Avenue, S. K., between Jefferson Street and First Street, 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: (~14741) AN ORDINANCE repealing Ordinance No. 9441. adopted on the 29th day of Rarch, 1940. (For full text of Ordinance, see Ordinance Book No. 25, page 303.) Mr. Young noved the adoption of the Ordinance. The notion was seconded by Mr, Pollard and adopted by the following vote: AYES: gessrs. Pollard, Mebher. Mheeler. Young. and the President. Rr. Anderson ................ ~ ............................ 5. NAYS: Ressrs~ Cornell and Dillard .............2. LIBRARIES: Council having directed the City Attorney to prepare a Resolution authorizing the City Manager to enter into an agreement with American Lending Library. Incorporated, ~hereby the city can rent books on a monthly basis at $2~2.50 per month, he presented same; whereupon, Br. Rheeler offered the following: (~14745) A RESOLUTION authorizing the City Manager to enter into an agreenent with American Lending Library, Incorporated, providing for the City's rental of certain books for use in its main and branch libraries, upon certain terms and provisions. (For full text of Resolution, see Resolution Book Mo. 25. page 304.) Mr. Wheeler noved the adoption of the Resolution. The motion sas seconde by Mr. Young and adopted by the following vote, Mr. Dillard stating that he is voting against the Resolution because he feels that Council appropriated funds to buy books and that they should not be used for the rental of books: AYES: Messrs. Cornell, ~ollard, Webber, Rheeler. Young, and the President, Mr. Anderson ................... 6. NAYS: Mr. Dillard ..............1. MOTIONS AND MISCELLANEOUS BUSINESS: SOUh~-MAKING DEVICES: Mr. Fred L. Corstaphaey, President, Associated Adrertising of Roanohe, Incorporated, appeared before Council. advlsin9 that Domatomn Roanoke. Incorporated. is promoting a 'Fashion Promenade# in the domntown area on Wednesday evening. March 21. 1962, and requested permission to play recorded music from ?:D0 o'clock, p. m** to 10:00 o°clock, p. m** ia connection with this promotion. On motion of Er. Hebber, seconded by Dr. Cornell and unanimously adopted, the request mas referred to the City Attorney for preparation of the proper Resolution. SEMERS A~O STORM DRAINS: Er. L. P. Scales, Jr** 3047 Ferncllff Avenue, ~. H** appeared before Council and complained that every time a city pump at the rear of his home breaks down, water and sewage back into his basement. After a discussion of the matter, the City Manager pointin9 out that the city does not guarantee basement drains anymhere and that Mr. Scales should install a gate valve, Hr. Dillard moved that the matter be referred to the City Manager for study and report to Council. The motion was seconded by Dr. Cornell and unanimously adopted. CIYY EMPLOY££S: Dr. Cornell brought to the attention of Council the i question of creating a Dismissal Appeal Board for the City of Roanoke to he composed' of four citizens and three councilmen. After a discussion of the matter. Dr. Cornell asked that the question be placed on the agenda for the next meeting of Council. There bein9 no further business, Council adjourned. APPROVED ATTEST: lerk 232 COUNCIL, REGULAR MEETING. Monday. March 26, 1962, The Council of the City of Roanohe met in regular meeting lo the Council Chamber in the Municipal Duildlng, Monday. March 26. 1962, at 2 p.m** the regular meeting hour. mith the President. Mr. Anderson, presiding. pRESENT: Messrs. Cornell, Dillard, Pollard, Nebber, Mheeler, Young, and the President. Mr. Anderson ............... ?. ABSENT: None ................... O. OFFICERS pRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend James Kennedy, Director of Christian Education, Montgomery Presbytery. MINUTES: Copy of the minutes of the regular meeting held on March 19, 1962, having been furnished each member of Council, on motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the reading ~as dispensed with and the minutes approved as recorded. BEARING OF CITIZENS Upon PUBLIC MATTERS: SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids for the construction of an 8-inch sanitary sewer on Lockridge Road, S. W., in accordance with plans and specifications on file in the office of the City Engineer, said proposals to be received by the City Clerk until 1:30 p.E., Honday, March 26, 1~62, and to be opened at 2:00 p.m., before Council. Mayor Anderson asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any question! about the advertisement anyone would like to ask, and no representatives present raising any question, the Mayor instructed the City Clerk to proceed with the opening of bids. The City Clerk opened and read the following bids: Draper Construction Company, $T.354.50; Dimbert and Gimbert, Incorporated, Sg,oBg.65; Hudgins and Pace, $9,660.50; and Sherrill Dudley, $11,OSq.25. On motion of gr. Webber, seconded by Mr. Wheeler and unanimously adopted, the bids were referred to a committee composed of Messrs. Benton O. Dillard, Chairman, Arthur S. 9wens, and B. Cletus Broyles for tabulation and report to Council, and the City Attorney was directed to prepare the proper Resolution accept lng the proposal of the lowest responsible bidder. pETITIONS AND CORRUNICATIONS: ZONING: Conmunications fron Nr. Harvey S. Lutins. Attorney. representing Mr. Morton C. Rosenberg, et al** and Mr. Richard Y. Edwards, Attorney, representing Miss Anna Jackson Baker. requesting that properties lying on the south side of Melrose Avenue, N. M., and the west side of Thirty-first Street. N. N.. described as Lots 1, 2 and 3. Block 1, Angell Addition. Official Tax Nos. 2530101, 2530102 233 and 2530103, be rezoned from General Residence District to Business District, mere before Council. On motion of Mr. Young, seconded by Mr. Mbeeler and unanimously adopted, the request for rezoning uas referred to the City Planning Commission Yor study,~ and recommendation to Council. report ANNUAL REPORTS-MAYER DEPART#E~T: A communication from the Manager of thel Mater Department, transmitting the Annual Report of the Mater Department for the year 1961, was before Council. Off motion of Mr. Mheeler, seconded by Mr. Young and unanimously adopted. the communication and report were ordered filed. CITY CLERK: A communication from the City Clerk, advising that in con- formity with Section 5, Chapter 6, Title II, of The Code of the City of Roanoke, 1956, she wishes to appoint Miss Dorsie gaye Graham as the Deputy City Clerk of the City of Roanoke. effective April 16, 1962, was before Council. After a discussion of the matter, the City Clerk advising that she is eliminating the position of Secretary in her office, Mr. Dillard offered the following Resolution: (~14746) A RESOLUTION confirming the appointment of Dorsie Raye Graham as Deputy City Clerk. (For full text of Resolution, see Resolution Oook No. 2S, page 305.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the follouin9 vote: AYES: Messrs. Cornoll, Dillard, Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson ................... 7. NAYS: None .........................O. AIRPORT: Council havin9 instructed the City Clerk to advise Mr. Harry R. Yates, former City Auditor, that he was appointed to the Airport Committee as an individual rather than in his capacity as City Auditor and that it is the wish of Council that he continue to serve as a member of this committee, a communication from Mr. Yates, stating that it is still his desire to resign from the committee. was before the body. Mr. Pollard moved that the resignation be accepted and that the City Clerk be instructed to advise Mr. Yates of Council*s appreciation for the services he has rendered as a member of the Airport Committee. The motion was seconded by ~r. Dillard and unanimously adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending,i the installation of street liRhts at various locations in the City of Roanoke. Mr. Mheeler moved that Council concur in the recommendation of the City Manager and offered the followin9 Resolution: 234 (#14747) 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 305.) Mr. Wheeler moved the adoption of the Resolution. The motion nas seconded by Mr. Pollard and adopted by the follouing vote: AYES: #essrs. Cornelia Dillard, Pollard, WebbeFo Mheeler, Young, and the President, Mr. Anderson ............... 7. NAYS: None ..................... O. PARKS A~D pLAYGROUNDS: The City Manager submitted the following report, recommending that a committee be created to initiate a program for a Transportatio~ Center and Railroad Museum in Wasena park: "Roanoke, Virginia March 26, 1962 To the City Council Roanoke, Virginia Members of Council: On January 7, 1952, Council enacted Resolution No. 11317, in which it permitted the initiation of a program whereby citizens and public officials worked together to construct the Children's Zoo atop Mill Mountain. Later the Junior Chamber of Commerce provided a miniature train to encircle the Zoo. The history and successful operation of the two ventures are too widely known for me to comment further. During the past several years, there has been much interest shown toward the creation of a Transportation Center in Nasena Park. A committee headed by Mr. Arthur Stone has had several meetings, at which time it was suggested in addition to the Transportation Center that there should be added a Railroad Museum, whereby the valuable historical facts, small and obsolete pieces of railroad equipment, flags, lanterns, paintings, etc. could be housed in a building that would be adequately protected. The two proposals with the development of Will Mountain, the proposed Spur to the Blue Ridge Parkway, the drive along much of Roanoke River, the beauti- ful flowering crab apple trees, and the development of this project would be a pleasure to our citizens and attract many visitors. Mr. Stone*s committee consists of Messrs. William Lashley, and C. Pond, designated by Mr. Stuart Saunders, President of the Norfolk and Western Railway Company, to assist in the development of the projects and they have been joined in various meetings by city officials, Frank Mundy and H. A. Fisher of the Roanoke United Central Labor Council and other interested citizens. It is recommended that a comparable resolution to Resolution No. 11317, be enacted creating such a committee to initiate a program, whereby the plan could be brought to fruition. I am happy to advise you that the Roanoke Chamber of Commerce through its Executive Vice-President, Mr. Jack Smith, has agreed to co- operate ~ith the City and this committee should Council feelthat it has merit. The group working together could accomplish the project and it is my recommendation that Council accept the proposal by the adoption of the proper resolution. Respectfully submitted, s/ Arthur S. Owens City Manager" After a discussion of the matter, the City Manager assuring Council that it is his belief the project will be self sustaining, and members of Council in- dicating a desire to see a plan for the proposed project, Mr. Webber moved that th( question be referred to the City Attorney for preparation of the proper Resolution. The motion Has seconded by Mr. Dillard and unanimously adopted. 235 SEWERS AND STORM BRAINS: The City Manager submitted a mritten report, transmitting z petition from citizens In the vicinity of Bershberger Road, N. requesting that something be done about the water which stands in the 900 block of Bershberger Road, and advised that in order to serve this area, a storm drain would hare to be extended at an estimated cost of approximately $40,000.00, the City Manager stating that he has asked Or. Byron N. Cooper to add this area to his list of drainage wells to be surveyed in the future, Dr. Corneli moved that the request be referred to a committee composed Mr. Benton O. Dillard, Chairman, Mr. Roy L. Webber and Mr. Vincent S. Mheeler Pollard and unanimously adopted. WATER DEPARTMENT: Council under date of October 2, 1961, having adopted Ordinance No. 14569, granting permission to the Salem Rotary Club to hold a 1962, with an alternate date of July i, 1962, the City Manager submitted a written report that due to the ~edding of the feminine star of the Ciaytor Lake Ski Club ski show to July 0. 1962. ~ith an alternate date of July 15. 1962. in order to have said star appear in the show. the City Manager recommending that the change be granted. Mr. Mebber moved that Council concur in the recommendation of the City ~anager and that the matter be referred to the City Attorney for preparation of the proper Resolution. The motion was seconded by Dr. Cornell and unanimously adopted. STATE HIGHWAYS: Council at its meeting on Monday. February 19, 1962, having tabled an Ordinance generally approvin9 a project for widening and channeling Williamson Road (Route 11) and Orange Avenue (Route 460) Intersection, the City Manager submitted a written report that the Virginia Department of Highways has informed him that it needs to know whether or not the City of Roanoke wishes to initiate a Federal Aid Urban Project for the widening and channeling of this intersection in order to complete plans for the Interstate Spur (Route 581). In this connection, Mr. H. Cletus Broyles, City Engineer. and gr. James D. Sink, Superintendent, Traffic Engineering and Communications, appeared before Council and explained proposed plans for the intersection. In a discussion of the matter. Mr. Mebber pointed out that one of the reasons for tabling this project was to await receipt of the final report on a traffic survey made recently. Mr. Webber stating that it seems to him a bridge over the intersection would solve most of the traffic problems. After a lengthy discussion of the matter, the City Manager pointin9 out that it will be more expensive to acquire necessary right of way in the future 236 mhen the Commonwealth Redevelopment Project Area Is built up and again recommending that be be authorized to initiate the projectt and members of Council agreeing that this intersection is one of the biggest traffic problems in the city. but questioning the proposed plans as being the best solution to the problem. Mr. Webber moved that the matter be referred back to the City Manager to confer mlth the Virginia Department of Highways as to the advisability of an overhead bridge crossing Route 460 at the intersection of Route 460 and Route I1 for the contin= uous flow of traffic north and south, mith a miniature interchange that would handle and expedite the flow of traffic on both Route 450 and Route 11, or any other adequate plan that would relieve the traffic problem at this intersection. The motion Has seconded by Mr. Wheeler and unanimously adopted. SEWERS AND STORM DRAINS: Council at its meeting on March 19, 1962, having referred to the City Manager for study and report a complaint of Mr, L. P. Scales, Jr., 3047 Ferncliff Avenue, N. S., of water and sewage iff his basement due to the failure of the Ferncliff Avenue Pumping Station at the rear of his home the City Manager submitted a written report, advising that the situation can be temporarily relieved by enlarging the pumping station at an estimated cost of between $7,000.00 and $10,000.00, but that the only way the situation can be permanently relieved is to construct a trunk line sewer from the pumping station south along Lick Run a distance of approximately 9,400 lineal feet to the existing trunk line sewer in the vicinity of Court Street at an estimated cost of $55.OOO.OC After a discussion of the matter, Council being of the opinion that it would be more economical in the long run to extend the trunk line sewer if the owners of abutting properties will bear a proportionate part of the cost, and Mr. I1. Cletus Broyles, City Engineer, assuring Council that his department is keeping a close watch on the pumping station, and Mr. Scales advising Council that he intends to install a check valve to relieve the situation as far as his own home is concerned, but that this still sill not solve the over-all problem, Dr. Cornell moved that the City Manager be requested to negotiate with the owners of prop- erties abutting the proposed trunk line sewer, with a vies of ascertaining ~hether or not they will agree to bear their proportionate part of the total cost of the project, and to report back to Council. The motion was seconded by Mr. Dillard and unanimously adopted. SOUND-MAKING DEVICES: Council having previously directed the City Attorney to prepare the proper Resolution 9ranting permission to Downtown Roanoke, Incorporated, to play recorded music in Downtown Roanoke on Wednesday evening,. March 21, 1962, between the hours of seven and ten o'clock, as a musical back- ground to the March Promotion, *Fashion Promenade,* the City Attorney submitted a ~ritten report, advising that since Downtown Roanoke, Incorporated, is a non- profit organization the City Manager, tn his discretion, may issue such a perait and the requested Resolution is unnecessary. On motion of Mr. Ycung. seconded by Mr. Wheeler nad unanimously adopted, the report nas ordered filed. REPORTS OF COMMITTEES: ZONING-PARKS AND PLAYGROUNDS-INDUSTRIES: Council at its meeting of February 12e 1962. having referred to a committee composed of Hr. Roy L. Webber, Chairmam, #r. Benton O. Dillard and Mr. Rex T. Mitchell, Jr., for study and recommendation a report of the City Manager with reference to the acquisition of three parc*la of land lying between Bluestone Avenue and Wilkes Road. N. E., for park purposes, in lieu of Jordan Park, the committee submitted a written report, recommendating that the land in question be acquired by the city. On motion of Mr. Webber, seconded by Mr. Dillard and unanimously adopted, the matter was referred to the City Attorney for preparation of the proper Ordinance. UNFINISUED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: INDUSTRIES-WATER DEPARTMENT-SEWERS AND STORM DRAINS: Council having previously directed the City Attorney to prepare a proper Ordinance providing for the furnishing of sewer and water services to the property formerly owned by the American Viscose Corporation, includin9 the acquisition of necessary easements, he presented tug Resolutions, one providing for the requisite sanitary sewer lines to be installed and the other providin9 for the acceptance of a conveyance of the water distribution system as installed. Mr. Mheeler offered the following Resolution providing for the furnishing of sewer service: (#14740) A RESOLUTION authorizing the City Rnnager to cause requisite sanitary sewer lines to be installed in perpetual easements to be conveyed by Industrial Development and Investment Company to the City partially through its real estate (formerly owned by the American Viscose Corporation) connecting said company's Building IIA with the City's existing sanitary sewer system. (For full text of Resolution, see Resolution Book No. 25, page 3Ob.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded 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 .........................O. The City Manager advising that it will be necessary to appropriate the $3,000.00 from the General Fund since the sewer line in question is regarded as a sewer lateral, Mr. Webber offered the 'following emergency Ordinance: (~14749) AN ORDINANCE to amend and reordain Section =141, "Seaer and Drain Construction," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 25, page 307.) 237 238 Mr. Webber moved the adoption of the Ordinance, The motion uaw seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs, Coroell, Dillard, Pollard, Webber, Wheeler, Young, and the Preside~t, Mr. Anderson ............... 7. NAYS: None ..................... O. Mr. Wheeler then offered the following Resolution providing for the acceptance of the water distribution system: (#14750) A RESOLUTION authorizing the proper City officials to accept a conveyance from Industrial Development and Investment Company of a water dis- tribution system as installed on said company*s real estate by its predecessors in title, the American Yiscose Corporation; and, thereafter, authorizing the Mater Department to make certain installations and betterments thereto at the cost to the City. (For full text of Resolution, see Resolution Book No. 25. page 307.) Ur. Wheeler moved the adoption of the Resolution. The motion Has 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. With further reference to the matter, Mr. Wheeler offered the following emergency Ordinance appropriating $U.410.00: (=1475]) AN ORDINANCE to amend and reordain "Non-Operating Expense" of the 1q62 Water Fund Appropriation Ordinance. 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. Pollard and adopted by the following vote: AYES: Eessrs. Cornell, Dillard, Pollard. Webber, Wheeler, Young, and the President. Mr. Anderson ............... NAYS: None .....................O. ROTIONS AND MISCELLANEOUS BUSINESS: CITY EMPLOYEES: Dr. Cornetl having requested that the matter of creating a Dismissal Appeal Board for the City of Roanoke be placed on the agenda for the present meeting of Council, the matter was before the body. At the request of Dr. Cornell~ the matter was deferred for two seeks. QUALIFICATION OF OFFICERS: The City Clerk reported the qualification of Mr. S. A. Barbour, Sr., as a member of the Board of Appeal, Building Code, to fill the unexpired term of Mr. Clarence M. Hawkins ending September 30, 1962; Colonel B. B. Albert, Sr., as a member of the School Board to fill the unexpired term of Mr. John M. Eure ending June 30, 1963; Mr. Lawrence B. Bamlar as a member of the School Board to fill the unexpired term of Dr. L. C. Do~ning ending June 30, 1963: and Mr. Raymond E. Pillow as a member of the Board of Trustees of the Employees' -~39 Rotirement System to fill the unexpired term of hr. J. Robert Thomas endln9 June 30. 1964. On motion of Mr. Dillard, seconded by Mr. Young and unanimously adopted. the report was ordered filed. There being no further business, Council adjourned. APPROVED ATTEST: 24O COUNCIL, REGULAR MEETING. Monday, April 2, 1962. The Council of the City of Roanoke met in regular meeting la the Council Chamber in the Municipal Building, Monday, April 2. 1962, at 2 p.m., the regular meeting hour, ulth the President, Mr. Anderson, presiding. PRESEnt: Messrs. Cornell, Dillard, Pollard, Mebher, Mheeler, Young, and the President, Mr. Anderson ............... 7. ABSENT: None .......................O. OFFICERS PRESENT: Mr. Arthur S. Owaes, City Manager, Mr. Randolph G. Mhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened uith a prayer by the Reverend G. A. Johnson, City Rescue Mission. MINI~E$: Copy of the minutes of the regular meeting held On Mend ay, March 26, 1962, having been furnished each member of Council, on motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the readin9 was dispense. with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC UATTERS: GARBAGE REMOVAL: Pursuant to notice of advertisement for bids on three 3 to 4 ton cabs and chassis, equipped with refuse bodies, and o~ heavy crawler tractor, said proposals to be received by the City Clerk until 1:30 p.m., Monday, April 2, 1962, and to be opened at 2:00 p.m., before Council, Mayor Anderson asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there aero any questions about the advertisement anyone aoald like to ask, and no rep- resentatives present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; ahereupon, the City Clerk opened and read the follo~in9 bids: ThTe~ 3 to 4 tgn Cabs and Chassis. eouiooed with Refuse Bodies Truck Sales, Incorporated Gar Mood Load-Packer Bodies - $31,457.25 Magic City Motor Corporation Leach Packmaster Bodies 31,169.00 Hell Refuse Bodies 30,435.00 Gar Mood Load-Packer Bodies 30,2B9.00 Alternate Bid ulth Pak-Mor Refuse Bodies 24,967.50 Pak-Mor Manufacturing Company Pak-Mor Refuse Bodies (Bodies Only) 4,257.50 each Dickerson GMC, Incorporated Oar Mood Load-Packer Bodies 32,500.00 Hell Collectornatic Bodies 32,800.00 Antrim Motors. Incorporated Gar Mood Load-Packer Bodies 10,999.OO each Leach Packmaster Bodies - !1,364.00 each Hell Refuse Bodies - 11,225.00 each Diamond Chevrolet Corporation Hell Refuse Bodies - 11,055.00 each Gar Mood Load-Packer Bodies - 10o929.00 each Leach Packmaster Bodies - 11,229.00 each Shuchelford-Cox Truck and Machinery Coapany Gar Mood Load-Pucker Bodies Leach Pechmuster Bodies Hell Refuse Dedies One Heavv Crawl.F Tractor flemiss Equipment Corporation Carter Machinery Company, Incorporated Rish Equipment Company - $30.300.99 - 31,1PO.g8 30,?00,g8 $17,600,00 18,967.16 17,751.17 On motion of Mr. Mebber, seconded by Mr. Dillard and unanimously adopted, the bids were referred to a committee composed Of Dr. Charles M. Cornellt Chairman, Mr. Roy R, Pollard, Sr., Mr. Arthur S, Owens, and Mr. John L. Wentworth for tabula-: tion and report to Council, and the City Attorney was directed to prepare the proper measures accepting the proposals Of the lowest responsible bidders. ZONING: Council having previously set a public hearing for 2 p.m., April 2, 1952, on the request of Dr. John O. Hoyd, Jr., that his property located on the north side Of RcClanahan Street, S. W., between Crystal Spring Avenue and Rosalind Avenue, described as Lots 1-4, inclusive, Block 50, Crystal Spring, be rezoned from Special Residence District to Business District, the matter was before Council. In this connection, Mr. Richard F. Pence, Attorney, representing Dr. Boyd, appeared before Council and asked that the request for rezoning be grante~. No.one appearing in opposition to the request for rezoniflg, Mr. Rheeler moved that Council concur in the recommendation of the City Planning Commission tha~ the request be granted 'and that' the following Ordinance be placed upon its first reading: (~14752) 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 to have the property hereinafter described rezoned from Special Residence District to Business District; and WHEREAS, the Citl Planning Commission has recommended that the herein- after described land be rezoned from Special 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-Wews,# a neuspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice was heldon the 2nd day of April, 1962, at 2:00 o'clock p. mo, 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 rezoning; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. 242 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 ome~ded and reenacted in the following particular and no other, viz. Property located at 117 RcClanahan Street, S. M., In the City of Roanoke Virginia, bearing Official Tax No. 1040904 and being n,re particularly described as follows: BEGINNING at a point on the northeasterly side of #cClanaban St** S. M., HO ft. wide, 160.0 it, westerly from the north- west corner of RcClanahan St., S. W. and Crystal Spring Avenue. S. W** 00 ft. wide, (f,marly Virginia Avenue); thence with the northeasterly side of #cClanahan St., S. ~., N. 58° 26' ~. 119.5 ft. to a point; thence leaving RcClanahan Street and with the easterly side of a O.S ~.~le parcel conveyed to The Medics Building. lac, by Dr. John O. B,vd, Jr., N. 31o 34' E. 236.92 ft. to o point on the southerly side of a 30 ft. width Street; thence with the same and with a curved line to the left whose radius is ?76.0 ft., the chord bearing of S. 71° 55' E. 9.?? ft. to a point; thence leaving the 30 ft. width Street and with the northwesterly line of Physicians Clinic. Inc.. S. 31° 34' ~. 79.2 ft. to a point; thence with the dividing line between Lots 4 nad 5, S. 58° 26t E. 110.0 ft. to a point; thence with the northwesterly line of Physicians Clinic, Inc. property, said line bain9 in an alley closed April 5, 1954 by City Ord. =12088. S. 31° 34' ~. 160.0 ft. to the PLACE OF BEGINNING and being a portion of Lots 1. 2, 3, 4, S and 6. Block SO. Crystal Spring Land Company Map and including the westerly 2 feet of an alley permanently vacated, discontinued and closed on April $. 1954. by City Ordinance No. 12080. recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia in Deed Book 924, page 420. be. and is hereby, changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. The notion Has 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. ZONING: Council havln9 previously set a public hearing for 2 p.m., Apri] 2, 1962. on the request of Concrete Ready Mixed Corporation that the southern 17.6 acres of a tract of land located between Mulberry Street and Miller Street, N. at the corporate limits, designated as Official Tax No. 2720104. be rezoned from General Residence District to Heavy Industrial District. the matter was before Council. In this connection, Br. T. L. Plunkett, Jr.. Attorney. representing the Concrete Ready Mixed Corporation, appeared before Council and advised that his client wishes to operate a prestressed masonry plant on this site, employing approximately 25 employees at first and possibly up to $0 employees later on. Mr. Plunker, emphasizing the fact that the entire tract Of land will not be utilized for industrial purposes, thus creating a buffer zone between the proposed plant and residential property to the north thereof. Mr. James OH Trout, 3744 Signal Hill Avenue, N. ~., appeared before Council and pointed out that the proposed industrial area is surrounded by three substantial residential subdivisions; viz., Cherryhlll Park, ~ilmont Farms and Signal Hill. Mr. Trout advising that the owners of the residential properties fear that excessive noise and dust will emanate from the plant if it is constructed On the proposed site, and that the safety of their children will be involved due to an increase in traffic. 24'3 Dr. Patricia #. Gathercole, 349 Crestline Circle, N. W., appeared before Council and rend a prepared statement in opposition to the proposed rezonlng, Dr. Gathercole contending that property values mill be depreciated; that the rezoniug from General Residence District to Reary Industrial District is too abrupt and should be more gradual; and that residential sections adjacent to heavy industrial properties usually tahe on the character of a slum because residents will sell at a very low price to get out. Mr. IFa R. Chaffin0 444 Frances Drive, N. W., appeared before Council and presented a petition signed by 136 property owners in the Signal Rill Subdivi- sion, a petition signed by 110 property owners in the Milmont Farms Subdivision, and a petition signed by 206 property owners in the Cherryhlll Park Subdivision, objectin9 to the proposed rezoning. Also appearing before Council and speaking in opposition to the proposed rezonin9 were Ressrso Relvin H, Grant, Pasauale J. Esperti, Gerald R. Palmer, K. Nayne King, William I. Edwards, Clarence A. Prillaman, B. O. Kendall, Ilollard L. Roberts, William J. O'Brien, Rilliam Co Moore, Kilfred A. Guthrie, Buddy B. Rogers, Ernest J. Snead, Jr., William K. Ramsey and Mrs. John A. Wilson, the property owners expressing the fear that once the property is rezoned for heavy industrial purposes there can be no restriction as to the type of industry to be erected thereon, it being suggested that the Concrete Ready ~lxed Corporation acquire land in the Blue Ridge Industrial Park for its new plant. Mr. L. Earl Simms, President of the Concrete Ready Mixed Corporation, who was present at the meeting, assured the property owners that he has no intention of handling anything other than prestressed concrete in the proposed plant if and when it is erected, and that he intends to develop a residential subdivision on the[! northern part of the entire tract, that he is confident noise and dust emanating from the plant will be kept to a minimum and that he does not feel a traffic hazard will be created. The matter having been discussed at great length, and Rt. Rheeler indic lng that he would like to have a week in which to consider the evidence presented at the present meeting, and Ressrs. Cornell and Dillard indicating a desire to on the proposed rezoning at the present meeting in order that the approximately IOO citizens present at the hearing in opposition to the proposed rezoning will not have to return a second time, Mr. Mhe.eler moved that the matter be carried over until the next regular meeting of Council. The motion was seconded by Mr. Pollard and adopted, Messrs. Cornell and Dillard voting no. The property owners urging that the hearing be held at night rather than during the day so that they will not miss time from work, Dr. Cornell moved that the hearing be continued until ?:30 p.m., Monday, April q, 1962, rather than 2:00 pom. The notion was seconded by Mr. Dillard and unanimously adopted. 244 PAY pLAN-FIRE DEPARTMENT: Captain R. L. Stinnett of the Fire Department appeared before Council and advised that instead of receiving full steps as of January 1. 1962, as authorized by Resolution No. 14719, adopted by Council on February 19, 1962, certain Captains and Engineers in the Fire Department received oneohaif steps, and that they feel la order to make the proper adjustment in pay they should have received a full step as of January 1. 1962, and receive one-half steps on their anniversary dates. In this connection, Mr. Mo M. Mattox, Chairman Of the Wage Plan Committee of the Roanoke Fire Fighters Association, appeared before Council and asked that one-half steps be abolished in the Uniformed Police and Fire Service section of the Pay Plan, and that Resolution No. 14719 be clarified. After a lengthy discussion of the matter, the City Auditor voicing the opinion that the request made by Mr. Stinnett is in conflict nlth the Pay Plan, Mr. Mebber moved that the question be referred to the City Manager, the City Audito the City Attorney, the Chief of the Fire Department and the Chief of the Police Department for study and report to Council.. The motion was seconded by Mr. Wheeler and unanimously adopted. PETITIONS AND CORMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power ¢ompany. mitring a list of street tights installed and removed during the months of January and February, 1962, was before Council. On motion of Mr. Pollard, seconded by Mr. Dillard and unanimously adopted, the communication was ordered filed. ZONING: A communication from Hr. John H. Kennett, Jr., and Mr. Frank N. Perkinson, Jr., Attorneys, requesting that property located on the northeast corner of Wise Avenue and 14th Street, S. E., described as Lots I and 2, Castle Corporation, Official Tax Nos. 4210109 and 4210110, be rezoned from General Residence District to Husiness District, was before Council. On motion of Hr. Pollard, seconded by Hr. Mheeler and unanimously adopted the request was referred to the City Planning Commission for study, report and recommendation to Council. REPORTS OF OFFICERS: CITIZENS COMMITTEE-HOUSING-SLUM CLEARANCE: Council having previously adopted a Resolution requesting the City of Roanoke Redevelopment and Housing Authority to apply for feasibility survey monies to make studies of the downtoun area of the City of Roanoke, the City Manager submitted a written report, trans- mitting the following communication from the Housing and Home Finance Agency: Honorable Arthur S. Owens City Manager Roanoke, Virginia Dear Mr. Owens: "March 26, 1962 Re: Program for Community Improvement (Workable Program) Roanoke, Virginia It gives me great pleasure to send herewith the Determination and Certification of the Program for Community Improvement (Workable Program) for the City of Roanoke, Virginia, approved March 19, 2.45 19620 and which shall be effective until April 1, 1963. A Certificate suitable for public display is also transmitted. The City is to be commended for establishing o Citizens Advisory Committee and a Subcowwlttee. I am interestcd in the progress that is being made in attaining the goals originally set in your Program, During the present year, attention should be given to the following items: a. Submit to this office copies of all hem or revised general Plan elements that mill be completed during the coming year. These elements should be accompanied by a resolution of the Planning Commission approving each new element. In addition, copies of all neighbor- hood analyses items should be submitted, as soon as they have been completed, Establish a standing code committee for the purpose of conducting a continuous study and review of codes already in effect. c. Submit one copy of each adopting ordinsnce or amending ordinance for the following codes: Building, Plumbing. Electrical. Housing, FiFe and Air Pollution. d. Submit one copy each of the followifl9 codes: Housing, Fire and Air Pollution. e. Consider amendin9 Ordinance No. 13634 by revising and opdatJng Sections 10 and 13 to conform to minimom housing code standards recommended by national model code mrltin9 agencies. f. An active citizen participation program should be carried on throughout the year and the established citizens committees and subcommittees should hold regular meetings. There is definitely a place for active citizen participation throughout every phase of the Community Improvement Program. It is necessary that the above items be completed prior to the sub- mission of the next Progress Report. Attainment of these objectives will give your community an excellent tool to assist in the program for the elimination of blight. If this office can be of any assistance to you, please feel free to call upon us. Sincerely yours, s/Thomas O. Meredith Acting Regional Administrator Marten P. Phelan Regional Administrator" On motion of Mr. Dillard, seconded by Rr. Pollard and unanimously adopted the report and communication were ordered filed. REPORTS: The City Manager submitted a written report, transmitting a report of the Department of Public Melfare for the month of February, 1962, and listing monthly departmental reports on file in his office. On motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted the report was ordered filed. REPORTS OF COMMITTEES: SUBDI¥ISIONS-SENERS AND STORM DRAINS: Council having previously referred bids for the construction of an D-inch sanitary sewer on Lockridge Road, S. to a committee composed of Hr. Benton O. Dillard, Chairman, Mr. Arthur S. O~ens, and Mr. H. Cletus Broyles for study and report, the committee submitted a written 246 report, together with a tabulation of the bids. showing the Draper Construction Company as tbe lowest responsible bidder la the amount of $7,354.50, and recommend- ed that the proposal of the Draper. Construction Company be accepted and a contract awarded to said company for the project. In this connection, the City Manager pointed out that Resolution No. 14672, adopted on January 2, 1952, provides that the Glens Falls Insurance Company shall pay to the City of Roanoke the full amount of $3bo?00.00 cash, before certain improvements and installations are made in *Map of Section No. 2-Chapel Forest#, and that he has been informed by the City Auditor that this amount has not been received by the city. On motion of DF. Cornell, seconded by Mr. Pollard and unanimously adopted the matter was carried over until soch time as the full amount is received from the Glens Falls Insurance Company by the City of Roanoke. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: MATER DEPARTkENT: Council having previously directed the City Attorney to prepare the proper Resolution permitting the Salem Rotary Club to change the date of its ~ater Ski Sho~ at Carries Core from June 24, 1962, with an alternate date of July 1, 1962, to July O. 1962, with an alternate date of July 15, 1962, he presented two Ordinances, one repealing the original Ordinance and the other granting permission to the Salem Rotary Club to hold the Water Ski Sho~ on the new date. Mr. Mheeler moved that the following Ordinance, repealing Ordinance No. 14559, be placed upon its first reading: (~14753) AN ORDINANCE repealing Ordinance No. 14569, adopted on the 2nd day of October, 1961, granting to the Salem Rotary Club permission to hold a water ski show in a portion of the recreational area at Carvins Cove on June 24, 1962, upon certain terms and conditions. DE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 14569, adopted on the 2nd day of October, 1961, granting to the Salem Rotary Club permission to hold a water ski sho~ in a portion of the recreational area at Carvins Cove on June 24, 1962, upon certain terms and conditions, be, and said ordinance is hereby, repealed. The motion was seconded by Or. Corn*Il and adopted by the following vote; AYES: Messrs. Cornell, Dillard, Pollard, Mebber, Mheeler, Young, and the President, Mr. Anderson ............... NAYS: None .....................O. Mr. Wheeler then moved that the following Ordinance, granting permission to the Salem Rotary Club to hold the Water Ski Show on the new date, be placed upon its first reading: 247 (a14754) AN OROISANCE granting to the Salem Rotary Club permission to held a mater ski shem ia a portion of the recreational area at Carvlns Cove on July 0. 1962, upon certain terms and conditions; providing for an alternate date for the holding of said shem; and temporarily suspending certain of the regulations ia effect at the Carvins Core area. MHER£AS, the Salem Rotary Club has requested permission to sponsor and conduct a water shi shcu la a portion of the recreational area at Carrias Cove, the entire proceeds from which are to be used for charitable purposes and the City Hanager hms recommended that the Council permit the same to be held pursuant to subsection (g). Section 4, Chapter 2, Title Xll, of The Code of the City of Roanoke lqSb0 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 Cit~ a water ski shem in a part of the recreational area at Carvlns Cove on July O, 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 be the first cove north of the docking area at the end of State Route No. 64H, together with that portion of the reservoir extending out from said cove a distance of approximately 200 yards; 2. That during the conduct of such show and rehearsals therefor, the permittee will cause said area to be adequately marked and patrolled in order that persons not participating in said sho~ not enter said area; 3o That said permittee provide and maintain during the time of such show and immediately preceding and following the same adequate police service to insure the safe and orderly movement of traffic over the road leading to Carvins Cove recreational area and to preserve good order at said show and, further, to have available at the place of said show adequate first aid and emergency eqnipment and facilities; 4. That, this permit being nonexclusive, said permit,ne shall not prevent by the requirement of admission ticket or otherwise the entry of any person into any part of the Carvins Cove recreational area other than the water area uherein said show is to be conducted; 5. That, prior to said show or to any rehearsal therefor, said permittee shall have executed an attested 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 required by the City Manager and approved by the City Attorney; '248 6. That said permittee, by exercising any of the privileges herein granted and by execution of aa attested copy of thl's ordinance, shall be deemed to bare 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; ?; That, in the event of bad weather or other unforeseen circumstances precluding the conduct of said show on July O, 1962, said show may be conducted and the privileges of this permit exercised, subject to all of the terms and conditions hereof, on July 15, 1962, at the above-mentioned time; and O. That, except as herein otherwise provided, said permittee and all participants in said sho~ will comply with and observe all of the City's rules and regulations concerning the operation of the Carvins Cove area. BE IT FURYBER ORDAINED that, for the purpose of rehearsing for and con- ducting the aforesaid show. the rules and regulations forthe operation and use of the Carvins Cove area shall be suspended as to those persons and those boats actual 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 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 partici- pating in or rehearsing for said water shi show. DE IT FURTHER ORDAINED that the City Manager be, and he is hereby, charge with the general duty of administering and enforcing the terms and provisions of this permit. The motion was seconded by Br. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard, ~ebber, ~heeler, Young, and the President. Mr. Anderson ............... ~A¥S: None .....................O. PARKS AND pLAYGROUNDS: Council having previously directed the City Attorney to prepare the proper Resolution creating a committee to initiate a program for a Transportation Center and Railroad Museum in Nasena Park, he presented same;whereupon, Mr. Dillard offered the following: (~14755) A RESOLUTION appointing a committee to co-ordinate, supervise and undertake the completion of a transportation center and railroad museum in Masena Park; directing the City Manager and all department heads to render such reasonable assistance to said committee as it may request; authorizing said committee to accept, for and on behalf of the City of Roanohe, donations of money, material and labor, aud, also Of personal property usually displayed in such a center and museum; and placing the operation thereof, when completed, under the general supervision of the City Manager through the Department of Parks and Recreation. (For full text of Resolution, see Resolution Book No. 25, page 309.) '2-49 Hr, Dlllurd moved the adoption of the Resolution. The motion nas seconded by Hr. Pollard and adopted by the f,Il,ming rote: AYES: Hessrs. Coruell. Dillard. Pollard. Webber. Mheeler. Young, and the President, Hr. Anderson ................... ?. MAYS: Hone .........................O. ZOMING-pARKS AND PLAYCROU~S-INDUSTRI£S: Johnson-Carper Furniture Company. Incorporated, having previously agreed to donate certain parcels Of land nad easements to the City Of Roanoke in connection uJth the expansion Of its plant, the City Attorney advised that the deed therefor has been properly executed and that he has prepared a Resolution directing the City Clerk to record said deed; uhereupon, Mr. Young offered the follomingl (~14T56) A RESOLUTIOH directing the City Clerk to record a deed from Johnson-Carper Furniture Company, Incorporated, to the City of Roanoke. (For full text of Resolution. see Resolution Rook Mo. 25. page 310,) 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, Mheeler. Young, and the President. Mr. Anderson ................... NAYS: None .........................O. SIGHS: ~ayor Anderson advised Council that he has requested the Lity Attorney to prepare an Ordinance authorizing the City Manager to permit the place- men* of certain directional signs on the public streets of the city in connection uith §arden Club Week; ~hereupon. Mr. Wheeler offered the following emergency Ordinance: (=14757) AM ORDINANCE authorizing the City ~annger to permit the placement of certain directional signs on the public streets of the City;and seconded providing for an emergency. (For full text of Ordinance. see Ordinance Book Mo. 25. page Mr. Nheeler moved the adoption of the Ordinance. The motion was by Mr. Young and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ................... ?. NAYS: Hone ......................... MOTIONS AND MISCELLANEOUS BUSIMESS: NOME. There being no further busiuess, Council adjourned. APPROVED ATYEST: 250 COUNCIL, MEGULAM MEETING, Monday. April 9, 1962. The Council of the City of Roanoke met in regular meeting ia the Council Chamber in the Municipal flullding, Monday. April 9. 1962, at 2 p,m., the regular meeting houro with the Presidont, Mr. Anderson, presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Mebber, Mheeler, and the President. Mr. Anderson ......................6. ABSENT: Mr. Young ..................1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle. City Attorney, and Rr. J. Robert Thomas. City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Oenzil R. Daniel, Pastor, Villa Reights Rethodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. April 2, 1962, havin9 been furnished each member of Council, on motion of Mr. Wheeler, seconded by Dr. Cornell and unanimously adopted, the reading was dis- pensed with and the minutes approved as recorded. REARING OF CITIZENS UPO~ pUBLIC MATTERS: WATER DEPARTWEaT: Pursuant to notice of advertisement for bids for the installation of water mains in Lcckridge Road and Fordham Road, S. W., said pro- posals to be received by the City Clerk until 1:30 p.m., Monday, April 9, 1962, and to be opened at 2:00 p.m., before Council, Mayor Anderson asked if there was anyoce present ~ho did not fully understand the advertisement, if there was any- one present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like to ask, and no representatives present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the following bids: Gimbert and Oimbert, Incorporated, $9,102.30; Draper Construction Company, $9,595.00; and Budgins and Pace, $10,360.00. On motion of Mr. Webber, seconded by Mr. Wheeler and unanimously adopted, the bids were referred to a committee composed of Messrs. Benton O. Dillard, Chairman, Arthur S. Owens, and H. Cletus Broyles for tabulation and report to Council, and the City Attorney was directed to prepare the proper measure accepting the proposal of the lowest responsible bidder. LIFE SAVING CREWS: Mr. Barry N. Lichtenstein, Attorney, representing Doctors Ambulance Service of Roanoke, Virginia, appeared before Council and presented a communication, advising that it has been alleged that the life saving crews, which are supported by the public funds of the City of Roanoke, have been transporting sick or injured parties, at times, when such transportation was not of an emergency nature; that he has been told by the captains of the life savinR crews that if given authority by the proper persons he can obtain access to their records, but not before; and requesting that Council permit him access to the records of calls made by the life saving crams which receive financial aid from the city, with a view of nscertainin9 if the allegations are in truth or not in truth. In this connectlont Rayor Anderson brought to the attention of Council a communication he has received from Mr. Russell L. ¥oorbees, owner of Roanoke Ambulance Service, requesting that it be made clear the Roanoke Ambulance Service has no connection, financially or otherwise, with Doctors Ambulance Service. In a discussion of the matter. Mr. James W. Flippin, Legal Advisor for the Roanoke Life Saving Crew, stated that the records of calls made by the life saving crews are of a very personal nature and that he has serious doubts as to whether the crews could be compelled to bare their records to anyone. Mr. Warren £. Trent, Captain of the Williamson Road Life Saving Crew, expressed the opinion that the present situation has been brought about by the inefficiency of the Doctors Ambulance Service with a resulting increase in requests by doctors that the life saving creus haul their patients. gr. Lichtenstein stated that it would appear the purposes of the life saving crews have been enlarged to also include doing the work, without charge. which is the bread and butter for his client and those similarly situated; there- fore. in his opinion, the City of Roanoke has entered into the ambulance business in direct competition with his client, except for the fact that there is no charge for the services rendered, and requested that Council accept or reject the statement that it is uilltng to and does provide ambulance service for the citizen of Roanoke, and. if not. that it raise the standards for private ambulance service putting the operation thereof under snpervision of the Commissioner of Health. Mro Edward H. Cromer, Captain of the Roanoke Life Saving Crew, gave statistical data on cases handled by the life saving crews in Roanoke, stating that of approximately 1,O00 cases handled in one year 236 were turned over to private ambulance services, Rr. Cromer pointin9 out that the life saving crews transport welfare cases to and from the hospitals at a savings to the city and that it has always been the policy of crew members to transport members of their families to and from the hospitals, Rr. Dart Galbraith appeared before Council and voiced the opinion that the request made by Doctors Ambulance Service is unreasonable, that if the members of the life saving crews have to take time to determine whether or not a case is an emergency when they go on a call the will of the life saving crews will be destroyed and the city Hill be losing one of its greatest assets. The matter having been discussed at length. Mr. Dillard moved that a committee of three members of Council be appointed to study the whole question and submit its report to Council. The motion was seconded by Rt. Mheeler and adopted, Mr. Webber not voting. 252 The Mayor then appointed Mr. Vincent S. Wheeler, Chairman, Dr. Charles M Cornell and Mr, Molter L. Young as members of the committee, PETITIONS AND COMMUNICATIONS: STREET L1GIITS: A communication from the Appalachian Power Company, transmitting a list of street lights installed and removed during the month Of March, 1962, was before Council. On motion of Mr..Wheeler, seconded by DF. Corflell and unanimously adopted, the communication MaS ordered filed, ACDITS-pENsIO~S: A report of £ennett and Kennett, Certified Public Accountants, on their audit of the Employees* Retirement System Of the City Of Roanoke for the year 1961, Mas before Council. On motion of Mr. Wheeler, seconded by Mr. pollard and unanimously adopted, the report was ordered filed. PARKS AND PLAYGROUNDS: A communication from Dr. E. M. Bnsworth, Lexington, Virginia, offering to donate a surry, a buggy and a spring wagon for the Transportation Center and Railroad Museum to be established in Masefla Park, was before Council. On motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted, the communication Has referred to the Transportation Center and Railroad Museum Committee for its information and the City Clerk was directed to express to Dr. Bosworth the appreciation of Council for his generous offer. SIGNS: A communication from Mr. Albert Trumpeter, President, Trumpeter Brothers, advising that the firm ~ishes to erect signs on various properties it owns or leases in thecity advertising the Dixie Caverns, located in the county. which it also owns, and requesting that Section 17, Chapter T. Title X¥. of Yhe Code of the City of Roanoke, 1956, be amended to permit an owner or lessee of property to erect snipe signs, was before Council. In this connection, Mr. Trumpeter appeared before Council and advised that the Building Commissioner is in accord with his request. On motion of Mr. Webber, seconded by Mr. Dillard and unanimously adopted~ the request was referred to the City Manager for study, report and recommendation to Council. COMPLAINTS: A petition signed by sixteen property owners in the 1000 block of Loudon Avenue. N. W., complaining of the nuisance created by the Center Auto Parts, 227 Eleventh Street. N. M., and requesting that the situation be remedied, was before Council. On motion of Mr. Dillard, seconded by Mr. Pollard and unanimously adopted, the matter was referred to the City Manager for study and report to Council. STREETS AND ALLEYS: A petition signed by seventeen property owners on Stoneridge Road, S. M., expressing the opinion that the street should have been included in the city*s street paving program for 1962 and requesting that the matter be reconsidered, was before Council. 253 On motion of Mr. ~ebber, seconded by Mr, Mheeler end unanimously adopted. the request mas referred to the City Manager for study, report end recommendation to Council, REPORTS OF OFFICERS: RUDGET-AIRPORT: The City Manager submitted n mritten report, advising that the present underground electrical service at the Roanohe Municipal Airport operates on 4000 volts which is insufficient to serve the radar system being installed at the airport; that to provide an underground electrical service operating on 12,on0 volts mill cost approximately $20,0D0 over a period of several years, however, the Iirst step to provide the necessities mould be approximately $6,5D0, the City Manager recommending that $6°500 be appropriated to provide for electrical needs at the airport. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~1475B) AN ORDINANCE to amend and reordaln Section =144, "Departmental Equipment and Improvements,* of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 315.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded!i by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler, and the President. Mr. Anderson .................. 6. NAYS: None ....................O. (Mr. Young absent) AIRPORT: The City Manager submitted a written report, advising that ther~ has been an increase in the number of persons and companies soliciting business at the Roanoke Municipal Airport for which there is no provision in the City Code requiring the payment of any fees to the city for these services, and recommended that Council adopt an Ordinance amending Chapter 5, Title VIII, of The Code of the City of Roanoke, 1956. by adding thereto Section 22. requiring such persons or companies to secure a permit authorizing them to solicit business at the airport, with a view of establishing a schedule of appropriate fees for these services at a later date. Mr. Pollard moved that Council concur in the request of the City Manager and offered the following emergency Ordinance: (n14759) AN ORDINANCE amending Chapter 5. Title VIII, of The Code of the City of Roanoke, 1956. relating to the City*s municipal airport, by providing a new section regulating miscellaneous businesses and activities at said airport; making violations of such regulations a punishable misdemeanor and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 316.) 254 Mr. Pollard iD,ed the adoption of the Ordlnasce. The ,orion was seconded by #r. Mheeler and adopted by the following rote: AYES: Messrs. Coroell, Dillard, Pollard. Mebber, Wheeler. and the President. Wt. Anderson ................... NAYS: None .....................O. (Mr. Youn9 absent) WATEE DEPARTMENT: Council ha,lng previonsly anthorized the City Wanager to proride for the Mshiog of soil tests of three sites under consideration for the constrgction Of a new pater storage reservoir for the Delray System at a total cost not to exceed $2,S00. the City Manager submitted a written report, ad,ising that the results of the soil tests were not satisfactory; that the city has secured an option on a fourth site, bein9 a portion of Lots 2 and 3, of the Eugene Wo Cheil Subdivision; and that the firm of Alvord, Durdick and Howson has recommended that the city employ the firm of DaMes and Applied Earth Sciences. to inrestigate this site, the City Manager recommending that $2,000 be appropriated for this purpose° Mtn dheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~14760) AN ORDINANCE to amend and reordain #Non-Operating Expense~ of the 1962 dater Fund Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Or~inance ~ook ~o. 2~. page ~17.) dr. Wheeler ~oved the adoption of the Ordinance. The ~ation ~as secnnde~ by ~r. Pollard and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, debber, dheeler, and the President, Mr. Anderson ................... ~AYS: None .....................O. (~r. Young absent) ZONI~-PAR~S A~D pLAYCROU~DS-I~DUS~£IES: Council at its meeting of March S, 1962. having received a report from the City Manager, advising that the estimated cost of installing eight fire alarm boxes in connection ~ith the expan- sion of Johnson-Carper Furniture Company. Incorporated. is $3,S§?.?~. and having referred the matter bac~ to the City danager for consultation ~ith officials of Johnson-Carper Furniture Company, Incorporated, ~ith a view of reducing the number of fire alarm boxes, he submitted a ~ritten report, advising that he feels three fire alarm boxes at a cost of $2o1§0.00 ~ould be sufficient; however, represents- tires of the Johnson-Carper ~urniture Company feel that their original proposal for eight fire alarm boxes should be carried out. dr. Dillard moved that Council concur in the request of Johnson-Carper Furniture Company, Incorporated, and offered the following emergency Ordinance appropriating $3,557.77: (~14761) A~ ORDINANCE to amend and reordain Section ~144, "Departmental Equipment and Improrements.# of the 1962 Appropriation Ordinance. and providing fo] an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 317.) ~25.5 Hr. Dillard moved the adoption of the Ordinance. The motion uas seconded by Dr. Cornell and adapted by the folloufog vote: AYES: Messrs. Cornell. Dillard. Pollard, Mebber. Mbeeler. and the President, Hr. Anderson---~ ................... NAYS: None .........................O. (Mr. Young absent) STREETS A~D ALLEYS-STATE HIGHWAYS: Council having preriously directed the City Rnnager to negotiate with the Bureau of Public Roads and the Virginia Department of Highways concerning an improvement project at the Intersection of Brandon Avenue. Franklin Road and McClanahan Street, S. W.. and to secure the estimated cost of such a project, he submitted a mritten report, advising that it has been strongly suggested by both the Virginia Department of Highways and the U. S. Bureau of Public Roads Officials that the city initiate a Federal Aid Urban Project for improvements at this intersection, after which the state would then be in a position to have a thorough study and survey made to determine the best and most feasible solution to the problem. On motion of Mr. Mheeler, seconded by Dr. Cornell and adopted, the matter was referred to the City Attorqey for preparation of the proper measure. including a study of the cost thereof, Mr. Webber not voting. ZONING-SETBACK LINES: The City Planning Commission submitted a written report, recommending that a SO-foot setback line be established on Hollins Road, N. E., between Orange Avenue arid Preston Avenue. Mr. Webber moved that Council hold a public bearing on the matter at 2 p.m., Ual 7, 1962. and that the City Attorney be directed to prepare the proper notice of the public hearing. The motion was seconded by Mr. Wheeler and unani- mously adopted. ZONING: Council having previously tabled a request of Sugar Leaf Company, Limited, that property located on the east side of Hollins Road, N. south of Liberty Road, described as Lets 5 and 6, C. G. Orange Hap, be rezoned from Special Residence District to Business District, until such time as more detailed information on a neighborhood development plan for the ilollins Road area would be available, the City Planning Commission submitted a written report, advising that a neighborhood development plan has been prepared for the specific purpose of finding out whether the proposed development would be in keeping with th'* anticipated land use patterns and that on the basis of this information the Planning Commission concluded that the proposed commercial land use would be acceptable and not detrimental to the existing dereJopment along Holllns ~oad, the Commission recommending that the request for rezoning be granted. Mr. Wheeler moved that Council hold a public hearing on the matter at 2 p.m.. kay T, 1962. The motion was seconded by Rr. Pollard and unanimously adopted. -256 STRERTS A~ ALLEYS: C~uncil having previously referred to the City Planning Commission for study and report u request of the Delwout Presbyterian Church and Rosa A. Saber that the northern portion of an alley lying between Hurray Avenue and Montrose Avenne, S. E** west of Ninth Street, between their properties, be vacated, discontinued and closed, the City Planning Comulsslun submitted a written report, advising that the part of the alley for which vacation Is requested has never been opened OF used for any purpose, that the closing of the alley would permit the construction of off-street parhin9 facilities on the adjacent lot to serve the Delmont Presbyterian Church, and that the remainder of the alley will retain an outlet pointing to Hontrose Avenue; therefore,-its use for service vehicles will not be impaired, the Commission recommending that the alley closing request be granted, provided that the necessary easements for public utilities be preserved where necessary. In this connection, the City Clerk brought to the attention of Council a report of viewers, advising that they have viewed said portion of said alley and the neighboring property and are unanimously of the opinion that no inconvenience would result either to any individual Or to the public from vacating, discontinuin and closing that portion of said alley. Hr. Mheeler moved that Council hold a public hearing on the matter at 2 p.m., May 7, lqb2. The motion ~as seconded by Mr. Pollard and unanimously adopted. REPORTS OF CORMIYYEES: SEMERS A~D STORM DRAINS: Council having previously referred a Resolution of the Council of the Town of Salem, requesting that the contract between the Town of Salem and the City of Roanoke. dated October 16. 1953, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a tract of land containing approximately 00 acres located north of the corporate limits of the To~n of Salem and south of Interstate Route 81. east Of Coodwin Avenue Extension (Route 635). to its Sewage Committee for study, report and recommenda- tion. the committee submitted a written report, recommending that the request be granted and that the contract be amended so as to include this additional area. Mr. Mebber moved that Council concur in the recommendation of the committee and offered the following Resolution: (~14762) A RESOLUTION amending the contract of October lb, 1953, between the City of Roanoke and the To~n of Salem, dealing with the treatment of domestic and commercial wastes. (For full text Of Resolution. see Resolution Book No. 25, page 318.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the fgllowing vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler, and the President, Mr. Anderson .............. NAYS: None ................O. (Mr. Young absent) 257 UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIHS: If~ROOUCTION A~ CONSIDERATION OF ORDINANCES A~D RESOLUTIONS: ZONING: Ordinance No. 14752, rezoning property locuted on the north side of RcClanahan Street, S. W., between Crystal Spring Avenue and Rosalind Avenue. described as Lots 1-4. inclusive. Block SO. Crystal Spring. from Special Residence District to Business District. hating previously been before Council for its first reading, read and laid over. was again before the body. Hr. ~heeler offering the following for its second reading and final adoption: (=14752) AN ORDINANCE to amend and reenact Title l¥. Chapter 4. Section l. of The Code of the City of Roanoke. 1956. in relation to Zoning. (For full text of Ordinance. see Ordinance Book No. 25. page 312.) by Hr. Pollard and adopted by the following vote: AYES: Hessrs. Corn,Il. Dillard. Pollard. Webber. NheeleF. and the NAYS: None .........................O. (Mr. Young nbs*fit) WATER DEPARTHENT: Ordinance No. 14753. repealing 0Fdinance NO. 14569. adopted on the 2nd day of October. 1961. granting to the Salem Rotary Club permis- sion to hold a water ski show in a portion of the recreational are3 at Carvins before Council for its first reading. Fend and laid over. was again before the body. gr. Wheeler offering the following for its second Fending and final adoption: (=14753) AN ORDINANCE repealing Ordinance No. 14569. adopted on the 2fid day of October. 1961. granting to the Salem Rotary Club permission to hold a water ski show in a portion of the recreational area at Carvins Cove on June 24. 1962. upon certain terms and conditions. (For full text of Ordinance. see Ordinance Book No. 25. page 313.) Mr. Wheeler moved the adoption of the 0Fdinance. The notion was seconded by Dr. Corn*Il and adopted by the following vote: AYES: Hessrs. CoFnell. Dillard. Pollard. Webber. Nheeler. and the President. Hr. Anderson ....................... NAYS: None .........................O. (Mr. Young absent) NATER OEPARTHENT: Ordinance No. 14754. granting to the Salem Rotary 25'8, (u14754) AN ORDINANCE granting to the Salem Rotary Club permission to hold a water ski show in a portion of the recreational area at Corrina Cove on July 0. 1962. 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 Corrina Cove area. (For full text of Ordinance. see Ordinance Book No. 25, page 314.) 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. Webber. ~heeler. and the President. Mr. Anderson .................. 6. NAYS: None ....................O. (Nv. Young absent) ZONING-PAR£S AND pLAYCROUNDS-INDUS?RIES: Council having previously directed the Citl Attorney to prepare an Ordinance providin9 for the acquisition of three parcels of land lying between Bluestone Avenue and Nilkes Road, N. E., for park purposes, in lieu of Jordan Park, he presented same. In this connection, the City Clerk brought to the attention of Council the following report of the City Planning Commission: "April 6. 1962. The Honorable Willis M. Anderson. Mayor, and Members of City Council, Roanoke. Virginia. RE: Acquisition of 7.2 acres of land in the Hollins Road area to be used as park land. Gentlemen: In its April 4, 19h2 meeting, the city planning commission considered the feasibility of acquiring land in the Hollins Road area for park purposes. This concern of the city plannino commission is based off the city ordinance on Planning and Subdivisions. Title 16, Chapter 1. Section 16, which states specifically that *...no street, square, park or other public way, 9round or open sapco, public building or structure shall be constructed or authorized in the city until...approved by the commission...' Similarly, '...the acquisition by the city or the public of any land within the city for public use or purposes or the sale of any land then held by the city shall be subject t~ similar approval...' Through the loss of former Jordan Park, the need for additional park land to serve this neighborhood had become apparent. The city planning commission considered the proposed location for a park in the light of other developments that can be antici- pated to take place in this area, in order to transform the present sporadic development into a well rounded and coherent neighborhood. The criteria for this appraisal were a preliminary design of a street network and the allocation of various land uses. such as residential, business.and industrial. The plan- ning commission is of the opinion that this area holds a good potential for development, particularly in regard to the anti- cipated growth of the Johnson-Carper Furniture Company, In the light of these aspects, the planning commission concluded that the proposed development of a park near Tinker Creek to serve the Bolltns Road area is desirable and in keeping with the proposed development for the area. The commission also commended the work of Council's subcommittee off parks and recreation as well as the action of the Parks and Recreation Department for securing this land to be incorporated into a system of municipal parks. Respectfully submitted. s/Werner E. Sensbach for Harold W. Hill, Chairman." 259 On motion of Mr. Dillard, seconded by Dr. CorneAl and unanimously adopted, the report was ordered filed. Or. Coruell then offered the f,il,wing emergency Ordinance providing for the acquisition of She three parcels of land: (a14763) AN ORDINANCE providing for the acquisition of a tract of approximately 7.21 acres situate in the northeast section of the City for recrea- tional and path purposes and, upon the acquisition thereof, directing the City (For full text of'Ordinance, see Ordinance D,ok Non 25, page 319.) Dr. Cornell moved the adoption ~f the Ordinance. The motion was seconded by Mr. Pollard and adopted by the fotlowiflg vote: AYES: Messrs. Cornell, Dillard, Pollard, Nebber, Nheeler, and the President, Mr. Anderson ....................... 6. NAYS: None .........................O. (Mr. Young absent) It appearing that there are no funds available for purchase of the land, Mr. Dillard offered the following emergency Ordinance appropriating $11,600: (~14764) AN ORDINANCE to amend and reordain Section ~144, "Departmental Equipment and Improvements," of the 1962 Appropriation Ordinance, and providing for an emergency. (Por full text of Ordinance, see Ordinance Book No, 25, page 321.) Mr. Dillard 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 ....................... NAYS: None .........................O. (Mr. Young absent) HEALTH DEPARTMENT: Dr. Corflell stated that he has had the City Attorney prepare a draft of an Ordinance probibitlng unlicensed persons placing rat poison and other forms of poison in the open without obtaining a permit and moved that the following Ordinance be placed upon its first reading: (~14765) AN ORDINANCE to amend Chapter 6. *Miscellaneous Offenses' of Title IXllI. 'Nisdemeanors and Offenses' of The Code of the City of Roanoke. 1956, by adding a new section thereto, said new section being number 5 ia), pro- hibiting unlicensed persons placing rat poison and other forms of poison in the BE IT ORDAINED by the Council of the City of Roanoke that Chapter tMiscellaneous Offenses' of Title lXlII. 'Misdemeanors and Offenses' of The Code Of the City Of Roanoke, 1956. be. and said chapter is hereby, amended by the addition of a new section thereto, said section being Sec. 5 ia). 'Placing poison in open spaces*, which said new section shall read and provide as f,Il,us: Sec. 5 ia). P[aciflq poison in open spaces, No person, except those duly licensed to carry on the business of the extermination of vermin, termites and other insects by poison, fumigation or othermise, their agents and employees while actually engaged in the pursuit of such business. 26O shall 'pla~e rat'poison Or otber'form~°f poison in the open where it is icc*ssiblet6'~hlldreh; dogs, petso fowls or songbirds without first obtaining a perait to do so from the coawlssloner of health of the city and thereafter only in strict accordance with all rules amd regulations established by said coaeissioner of health. Any person violating this section shall be guilty of a eisdeaeanor and upon conviction fined not less than ten dollars nor sore than two hundred fifty dollars for each offense. No fee shall be charged for the permit herein required nor for a copy of the rules and regula- tions established by said commissioner of health pursuant to this ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote AYES: #essrs. Corneli, Dillard. Pollard, Mebber, Mheeler, and the President, Mr. Anderson .................. 6. NAYS: None .................... O. (Hr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: ZONING-SETBACK LINES: Mr. Pollard raised the question of the possibi- lity of buildings being erected too close to the street in the vicinity of Melrose Avenue (U. S. Route 460) and Peters Creek Road (Route 117). N. M., and moved that the matter of establishing setback lines in the vicinity of this intersection be referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded by Dr. Cornell and unanimously adopted. STREETS AND ALLEYS: Mr. J. E. Fogle appeared before Council on behalf of residents of Colonial Avenue. S. M., and requested that the street in question be widened from 24th Street to 26th Street. On motion of Mr. Mebber, seconded by Mr. PolLard and adopted. Mr. Fogle was asked to put his request in writing, the President. Mr. Anderson. voting no. AUDITS: Mr. Dillard brought to the attention of Council the fact that an independent audit of the books of the city has not been made since 1034, and voiced the opinion that a committee of three members of Council should be appoint- ed to investigate whether or not the city should employ a firm of certified public accountants to make an investigative audit and the cost thereof. In a discussion of the matter. Mr. Webber voiced the opinion that as far as he can ascertain the present method of auditing the money collected and spent by city departments is satisfactory and that it would be rather difficult to uncover a shortage in inventory during past years. After a further discussion of the matter. Mr. Dillard moved that a committee composed of three members of Council be appointed to determine whether or not there is a need for an investigative audit of all city funds, including the school system, and. if so, to recommend a firm of certified public accountants to make such an audit and report the cost thereof to Council. The m6tion was seconded by Dr. Cornell and adopted. Mr. Mebber voting no. The Mayor then appointed Mr. Roy R. Pollard, Sr.. Chairman, Benton O. Dillard and Mayor Willis M. Anderson as members of the committee. At this point, Mr. Mebber moved that Council recess until 7:30 p.m., for the purpose of continuing a public hearing on the request of Concrete Ready Mixed Corporation that the southern 17.6 acres of a tract of land located between Mulberry Street and Miller Street, H, V., at the corporate limits, designated as Official Tax Mo. 2720104, be rezoned from General Residence District to Menry Industrial District. The motion was seconded by MFo Mheeler nnd unanimously adopted. At 7:30 p.m.. Council reconvened. ZONXNG: Council at its last regular meeting having continued until ?:30 p.m.. April 9. Iq$~. a public hearing on the request of Concrete Ready Mixed Corporation that the southern 17.6 acres of a tract of land located between Mulberry Street and Miller Street, N. [., at the corporate limits, designated as Official Tax No. 2720104, be rezoned from General Residence District to Ileavy Industrial District. the matter was again before the body. Mr. T. L. Plunkett. Jr.. Attorney. representing Concrete Ready Rlxcd Corporation, again appeared before Council and reiterated remarks made at the previous hearing. Mr. Plunkett presenting Mr. L. L. Jonas, Real Estate Agent. who testified that in his opinion the proposed prestressed masonry plant would not decrease the value of surroundin9 residential areas, that actually the plan of the owner to erect 69 houses on the northern portion of the tract should enhance the value of the surrounding residential areas. Mr. J. Glenwood Strickler, Attorney. representing owners of properties in the Signal Hill, Cherryhill Park and Milmont Farms Subdivisions. appeared before Council and objected to the proposed rezoning on the same grounds presented by the property owners et the last meeting of Council. In a discussion of the matter, various opponents to the rezoning called attention to the size and weight of the trailers which would be required to haul the prestressed concrete beams away from the proposed plant. Mr. Piunhett pointed out that it ~ould be necessary to obtain a permit from the city for the moving of these trailers for e fee. said fee including ~ police escort. Upon questioning by Dr. Cornel]. the City Manager Foiced the opinion that the revenue from such n fee would he very small. Spokesmen for the approximately 250 property owners present sere Messrs. Pasauale J. Espertt, Gerald M. Palmer, Clarence A. Prillaman. Melvin D. Grant, James O. Trout and Hr. Patrlcia M. Gathercole. Mr. L. Earl Simms. President of Concrete Ready Mixed Corporation. pointed out that not only will She plant employ up to approximately 50 people, hut that it will benefit other concerns by purchase of needed articles such as cement, stone, 26'2 Hr. Prlllnnnn nnsmered thnt if the proposed plant is erected on the site in question the city mill lose revenue from the residential subdivisions by virtue of depreciation in value and the stunting of future grouth. Everyone present hnving been given nn opportunity to be heard, Dr. Cornell moved that the request for rezoning be denied. The motion mas seconded by Dillard. Mr. Mebber pointed out that Mr. Yonng 'is absent from the meeting and offered · substitute motion that the matter be carried over until · full membership of Council is present. The motion mas seconded by Mr. Yheeler and lost by the folloming vote: AYES: Messrs. ~ebber and Mheeler .......................................... 2. NAYS: Messrs. Cornell. Dillard, Pollard, and the President, Mr. Anderson--4. The original motion offered by Dr. Cornell was then adopted by the following vote, Mr. Mebber contending that he feels u full membership of Council should be present to vote on such o controversial question: AYES: Messrs. Cornell, Dillard, Pollard. and the President. Mr. Anderson--4. NAYS: Messrs. Mebber and Mheeler .......................................... There being no further business, Council adjourned. APPROVED ATTEST: 263 COUNCIL, REGULAR MEETING, Monday. April 16. 1962. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday. April 16, 1962, at 2 p.m.. the regular meeting hour. uith the President, Mr. Anderson, presiding. PRESENT: Messrs. Cornell, Dillard. Pollard, Mebber, Mheeler, and the President, Hr. Anderson ...................... 6. ABSENT: Mr. Young .................1. OFFICERS PRESENT: Mr. Arthur S. Ouens. City Manager, Mr. Randolph G. Whittle, City Attorney. and Mr. J. Robert Yhomas. City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. James W. Turner Pastor, South Roanoke Methodist Church. MINUZES: Copy of the minutes of the regular meeting held on Monday. April 9. 1962. having been furnished each member of Council. on motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted, the reading Mas dispensedl mith and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: GRADE CROSSINGS-STREETS AND ALLEYS: Council at its meeting on Monday. February 26, 1962. having tabled a request of Mr. Ralph A. Glasgou that it require the Norfolk and Western Railway Company to construct a crossing over the company*s tracks on Roanoke Avenue, S. W., to provide access to his property, Mr. Glasgou again appeared before Council and asked that the body reconsider its action in tabling his request. Mr. Glas9o~ contending that the Board of Supervisors of Roanoke County did not follou the proper legal procedure in abandoning the roadway over the crossing in 1925 and requesting that the matter be referred back to the City Attorney to determine mba:her or not said street was legally closed. After a discussion of the matter, the City Attorney voicing the opinion that the city is under no obligation to maintain a street, even if it has been established, no action was taken on the request of Mr. Glasgow. PETITIONS AND COMMUNICATIONS: SIGNS: A communication from Mr. James H. Hamlin, advising that Coca- Cola Bottling Works. Incorporated has erected a 4* x 3' sign on his property at 1731 London Avenue, N. W.. advertising a tourist home for colored people operated by Mr. William G. Warren. that the sign is larger than the maximum provided for in the City Code, and requesting permission to retain said sign, ~as before Council. On motion of Mr. Webber. seconded by Mr. Pollard and unanimously adopted, the request was referred to the City Manager for study, report and recommendation to Council. WATER DEPARTMENT: A communication from Mr. H. S. Thompson. 205 Elm Avenue. 5. W., advising that his water bill for the period from September 11, 1961. 26'4. to December 6. 1961, mas $39,30, more than double his overage mater bill. and that since no leak mos discovered lo the plumbing fixtures he does not feel he should have been required to pay more than $25.00, uss before Council. In this connection, Mr. Thompson appeared before Council and presented n subsequent communication uitb reoard to his complaint. On motion of Mr. Dillard. seconded by Mr. Rheeler and unanimously adopted, the matter mas referred to the City Manager for study, report end recommendation to Council. POLICE DEPARTMEN?: A communication from Mr. W. Frank Smyth. Jr., Director iDivision of Corrections of the Department of Welfare and Institutions, transmitting a report on its inspection of the Police Lockup of the City of Roanoke on March 26. 1962, mas before Council. On motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted. the communication and report .ere ordered filed. CITY JAIL: A communication from Mr. W. Frank Smyth, Jr.. Director. Division of Corrections of the Department of Welfare and Institutions. transmitting !u report on its inspection of the Jail of the City of Roanoke On March 26, 1962, !l~as before Council. On motion of Mr. Wheeler+ seconded by DF. Cornell and unanimously adopted, ithe communication and report mere ordered filed. STORM DRAINS: I communication from Mr. W. P. Newman, 2925 Milliamson Road !iN. E., advising that when rains of one-fourth inch Or more Occur his property is one-half inundated mith water, silt, mud and trash, causing a health hazard to the entire block, was before Council. In this connection, Mr. Newman appeared before Council and asked that something be done to correct the situation. On motion of Mr. Dillard, seconded by Mr. Wheeler end unanimously adopted, i]the request was referred to the City Manager for study und report to Council. STREETS AND ALLEYS: A petition signed by thirty-four residents of Christian Avenue. N. W.. between Minsloe Drive and Hazelridge Road, expressing the lopinion that the street should have been included in the city*s street pavin9 pro- i lgram Car 1962, and requesting that the matter be reconsidered, was before Council. In this connection, Mr. Thomas C. $cordas appeared before Council and urged that the street be paved. On motion of Mr. Webber, seconded by Mr. Wheeler and unanimously adopted, the request mas referred to the City Manager for study and report to Council. REPORTS OF OFFICERS: AIRPORT: The City Manager submitted u written report, calling attention the fact that Section 15, Chapter 5, Title VIII, of The Code of the City of Building ut the Roanoke Municipal Airport, provid~ that no area Of the Terminal lng shall be rented for a period to exceed one year except by special agreement 265. to be approved by Council, sod that several or &he tenants reotJog space In &he Terminal building are approaching the oDe year limit, the City #ansger recommend- ing that tenants in the Terminal Railding be permitted to rani space above end beyond the one year limit, Mr. Webber oared that Council coocur in the recomueodation or the City Manager aDd that the City Attorney be directed to prepare the proper measure grant- lng such permission, The motion mas seconded by Ny. Dillard and unanimously adopted. CORPLAIMTS: Council having previously referred to the City Manager for study and report a petition signed by sixteen property owners in the 1000 bloch of Loudon Avenue. N. ~., complaining of the nuisance created by the Center Auto Parts.i 227 Eleventh Street, N. M., and requesting that the situation be remedied the City #anager submitted n mritten report, advising that any violation of the lam has been called to the attention of the property owner and he has token appropriate~ action to correct the situation. On motion of Mr. Dillard. seconded by Mr. Pollard and unanimously adopted, the report mas ordered filed. SIGNS: Council having previously referred to the City Manager for study.,= report and recommendation a communication from Br. Albert Trompeter. President. Trumpeter Brothers. advising that the firm wishes to erect signs on various properties it owns or leases in the city advertising the Dixie Caverns, located in the county, mhich it also owns, and requestin9 that Section 17, Chapter ?, Title X¥, of The Code of the City of Roanoke, 1956, be amended to permit an owner or lessee of property to erect snipe signs, the City Manager submitted a written report that the Commissioner of Buildings has not requested such on amendment, but neither is he opposed to the suggested amendment, the City Manager poiotin9 out that to grant this request might reduce the effectiveness of the existing Sign Ordinance. After a discussion of the matter, Mr. Trompeter. who was present at the meeting, also voicing the opinion that owners or lessees of vncont buildings should be required to remove posters advertising coming events within five days after the expiration of such eveot. Rt. Dillard moved that the request of Mr. Trompeter with regard to snipe signs be referred to the City Attorney for prep- aration of the proper measure. The motion mas seconded by Mr. Wheeler and unani- mously adopted. REPORTS OF COMMITTEES: GARRABE REB0¥AL: Council having previously referred to a committee com- posed of Dr. Charles M. Cornell. Chairman, Messrs. Roy R. Pollard. Sr.. Arthur S. Owens and John L. Wentmorth for study and report bids received on three 3 to 4 ton cabs and chassis, equipped mith refuse bodies, the committee submitted a written report, recommending that the contract be amarded to the Magic City Motor Corpora- tion, low bidder, in the amouht of $30.2§9. 266': Mr. Mheeler moved that Council concur in the recommendation of the committee and offered the follouing Resolution: (ml4766) A RESOLUTION accepting the proposal of Magic City Motor Corpor- ation for supplying three 3 to 4 ton cub and chassis~ authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting nil other bids. (For full text of Resolution. see Resolution Book NO. 25. page 322.) Mr. Wheeler uoved the adoption of the Resolution. The motion was seconde¢ by Dr. Cornell and adopted by the following vote: A YKS: Messrs. Cornell, Dillard. Pollard, Webber, Mheeler, and the President, Mr. Anderson ........... 6. NAYS: None .............O. (Mr. Young absent) GARBAGE REMOVAL: Council havin9 previously referred to a committee com- posed of Dr. Charles M, Cornell, Chairman, Messrs. Roy R. Pollard, Sr., Arthur S. Owens and John L, Wentworth for study and report bids received on one heavy crawler tractor, the committee submitted a written report, recommending that the contract be awarded to the BemissEquipment Corporation, Iow bidder, in the amount $17.600. In a discussion of the matter. Mr. Wheeler pointed out that the Bemiss Equipment Corporation has moved from Roanoke to Salem, that the bid of the Rtsh Equipment Company in the amount of $17,751,17 is only $151.17 higher than the low bidder, which difference, in his opinion, in more than offset by the local taxes paid in Roanoke by the Rish Equipment Company. Dr. Cornell explained that this matter was very carefully considered by the committee and that the committee reached the conclusion that if the City of Roanoke favors a local bidder, the Town of Salem might well do like~ise when the Rish Equipment Company has occasion to bid on equipment for the Town of Salem, Cumuli concluding that he would like to see a local bidder get the contract, but that if this is to be the policy of Council. outside bidders should be aware Of this beforehand, and for that reason be would like for his committee to be continue to study the matter. Mr. Webber stated that it is his Opinion the city at one tine adopted Resolution allowing a 5% differential in the bids submitted by local bidders and those submitted by bidders Outside Of the city or state. Mr. Pollard expressed the belief that in view of the fact that no one seemed to be aware Of any policy with regard to a 5% differential for local bidders at the time they submitted their bids, it would be unfair to the bidders to follow such a policy in this instance. In a further discussion of the matter, Mr. H. G. Cole, Jr., Sal~ Manager Of the Rish Equipment Company, appeared before Council and advised that his firm wants Council to do the fair thing and that his firm will co-operate in any way. 267. Mr. Frederich A. Tanner, Sales Manager of the Bemlss Rquipment Corporutiot appeared before Council and also Stated that he hopes Council will do the fair thing, Mr. Tanner pointing out that he has never been favored by the Tuna of Salem on bids he hms submitted, After a lengthy discussion of the matter, Mr. Dillard moved that Council concur in the recommendation of the committee and offered the following Resolution: (214767) A RESOLUTION accepting the proposal of Bemiss Rquipment Corpora. tJon for supplying one Heavy Cramler Tractor; authorizin9 the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 25, page 323.) Mr. Dillard moved the adoption of the Resolution. The motion was seconde, by Mr. Pollard and adopted by the folloming vote: AYES: Messrs. Cornell. Dillard. Pollard. and the President. Mr. Anderson.-4. NAYS: Messrs. Webber and Nheeler ........................................ (Mr. Young absent) Mr. Wheeler then eared that the City Attorney be directed to ascertain whether or not there Is a Resolution in existence establishing o S~ differential between bids submitted by local firms and those submitted by outside firms. The motion was seconded by Dr. Cornell and unanimously adopted. Dr. Cornell then moved that his committee be continued to make a study of the future policy of the city with regard to awarding contracts for equipment particularly mlth reference to the question of favoring local bidders. The motion mas seconded by Mr. Nheeler and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: HEALTH DEPARTMENT: Ordinance No. 14765, amending Chapter b. 'Miscellaneous Offenses' of Title XXIII. *Misdemeanors and Offenses' of The Code of the CitT of Roanoke, 1956, by addin9 a new section thereto, said new section beingnumber 5 (a), prohibiting unlicensed persons placing rat poison and other forms of poison in the open without obtaining a permit, having previously been before Council for its first reading, read and laid over, was again before the body, Dr. Cornel] offering the following for its second reading and final adoption: (=14765) AN ORDINANCE to amend Chapter 6. 'Miscellaneous Offenses* of Title XXIII. 'Misdemeanors and Offenses' of The Code of the City of Roanoke, 1956, by adding a new section thereto, said new section being number 5 (a), prohibiting unlicensed persons placing rat poison and other forms of poison in the open mith- out obtaining o permit. (For full text of Ordinance, see Ordinance Book No. 25, page 321.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the folloming vote: 268 AYES: Messrs. Coinell, Dillard, Pollard, Webber, Wheeler, and the President, Mr. Anderson .......... 6. NAYS: None ............O. (Mr. Young absent) STREETS AND ALLEYS-STATE HIGHRAYS: Council having previously directed the City Attorney to prepare the proper measure authorizing the City Manager to initiate o program for improvements at the Intersection of Franklin Road. Brandon Avenue and WcClunshan Street. S. W., including a study of the cost thereof, he presented an Ordinance; whereupon. Mr. Wheeler offered the following us an emergency measure: (n14768) AN ORDINANCE authorizing and directing the City Manager to negotiate math Officials of the Department of Highways, the Bureau of Poblic Roads and the Norfolk end Western Railway Company in an effort to arrange acceptable programming of and financing for proposed alterations nnd improvements to the Franklin Road. Brandon Avenue and McClanahan Street intersections; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 324.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Rr. Pollard and adopted by the following vote: AYES: Messrs. Corneil. Dillard. Pollard. Wheeler. and the President. Mr. Anderson ..................... 5. NAYS: None ............ O. (Rr. Young absent. Mr. Webber not voting) BUDGET-SCHOOLS: Mr. Rheeler offered the following emergency Ordinance appropriating $15.D54.21 in connection with the cost of operating the Roanoke Technical Institute: (=14769) ANORDINANCE appropriating $15,g54.21 to be paid to Virginia Polytechnic Institute to assist in payment of its cost of operating the Roanoke Technical Institute; and providing for an emergency. (For full text of Ordlnlnce, see Ordinance Book No. 25, page 325.) Mr. Wheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Webber and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, Webber. Wheeler. and the President, Mr. Anderson ........... NAYS: None .............O. (Mr. Young absent) MOTIONS AND RISCELLANEOUS BUSINESS: NONE. There being no further business. Council adjourned. APPROVED ATTEST: 269 COUNCIL, REGULAR MEETING, Monday, April 23, 1962. The Council of the City of R,an,he met in regular meeting in the Council Chamber in the Municipal Building. Monday, April 23. 1962. at 2 p.m., the regular meeting hour~ uitb the President, Mr. Anderson. presiding. PRESENT: Messr$o Cornell, Dillurd, Poilurd, Webber, Wheeler, und the President. Mr. Anderson ...................... ABSENT: MI'. Young ................. !. OFFICERS PRESENT: Mr. Arthur So Owens, City Manager, Mr. Randolph Whittle, City Attorney. nad Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened mith a prayer by the Reverend Donald Kaapp, Pastor. Baron Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, April lb. 1962, having been furnished each member of Council, on motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the reading Mas dispensed ~ith 270' occupants, olners and developers or county reel estete for the transportation sad treetment of unstes, nor does it desire to terminate the services'of the Roanoke County Sanitation Authority. was before Council: "April 16. 1962 To The Honorable Council of the City of Roanoke Roanoke. Virginia Gentlemen: The Board of Supervisors of Roanoke County. at its regular meeting of April 16, Ig62, directed me to write you u letter, previously approved by said Board, answering your letter of December 19, 1961, which letter is as follows: In your said letter of December 19, 1961, yon requested that our Hoard adopt a resolution which you had prepared, of uhich you enclosed a copy, and which would authorize the City of Roanoke to contract directly with the residents, occupants, owners and develop- ers of the County real estate situate either uithin or outside of resolution areas. This we cannot do except in isolated cases. Our Board has a continuin9 duty to exercise its governmental powers for the use and benefit of its own people~ It cannot contract away this governmental jurisdiction which the citizens of Roanoke County expect the Board to exercise. As to your suggestion that the Board of Supervisors terminate the services of the Roanoke County Sanitation Authority. you are inform- ed that this Board is satisfied uith the services which have been rendered, and are being rendered, by the Authority, and do not desire to terminate the same. Also. this Board is advised that it has no legal right to terminate the Authority at this time. In this connec- tion your attention is called to the fact that the authority has various and mndry contracts and Other obligations outstanding, includ- ing a bond issue which has a final maturity date of 1995. The benefits accruing from the contract between the City of Roanoke and County of Roanoke of September 28, 1954, as augmen~ed by the services of the Roanoke County Sanitation Authority. have resulted in enormous benefits, and has been a major factor in promoting the health, welfare and economic development of the entire Roanoke Valley. Among other things, millions of dollars have been spent, and are being spent, in construction costs, which inure to the benefit of said contract, with the intent thereof so ably expressed in its preamble, would result in added benefits to our Valley for years to come. On our part, we are ready, milling and able to carry out the full purposes and intent of the contract, and sincerely trust that your body will do likewise, and ~ithout any undue delay, accede to the request for amendments which have been requested from time to time, and are now before you for your consideration. The resolutions which are before you were intended to be in full compliance with the requirements as set forth in your letter to our Board under date of December 18, lqbl. Very truly yours. s/Roy R. Brown Roy K. Brown. Clerk Hoard of Supervisors Roanohe County. Virginia" On motion of Mr. Wheeler. seconded by Mr. Dillard and uanimously adopted, the communication ~as referred to the Sewer Committee'for its information. TAXES: A request of the Association of Retired R~iiroad Employees. Roanoke District, and the Roanoke Chapter of the American Association of Retired Persons that retired persons, or their widows, whose principal incomes are from pensions, be allowed an exemption of 50~ on their personal property and real estate taxes, having been referred to Council as a committee of the ~hole for study and 271; report, the City Clerk presented a communication from a committee of the Associatioz of Re,ired Eeflrond ~sployees, @orating out that fo n subsequent meeting mith mem- bers er Council, acting ss a committee of the mhole, the petitioners mere informed that their petition ia the form in which it was drann is not legal, but that the question mould be given careful consideration, and that mith 8 view of eliminating the objections nhich have been offered to the petition in its present f~rmo the petitioners are now requesting that aa exemption of $600 from the assessed taxable bona fide residents of the City of Roanoke. have legal or beneficial title to real property in the city and make such property their permanent home. In this connection. Mr. ¥o #. Heaael. Chairman of the committee, appeared the members of Council and the amended request of the Association of Retired Railroad Employees was referred to the committee of the whole. FIRE ~EPARTMENT: A communication from Mr. ¥. H. Garnand. President of Garden City Civic League, ~equestin9 a night ~eeting of Council to discuss the possibilities of a four man company of full time firemen, a new fire station and more modern truck in the Garden City area, was before Council. In a discussion of the m~tter. Mayor Anderson pointed out that the request f the Garden City Civic Leagu~ involves several capital items, that he has no objection to meeting with the members of the Garden City Civic League; however, in view of the city*s financial position this year. he does not feel Council can make a decision at this time. but that possibly the matter can be considered in the 11963 budget. la a further discussion of the matter, Mr. Nebber pointed out that Council has already purchased a site for a ne~ fire station in the Garden City area, but that it is his understanding the National Board of Fire Undernriters bas recommended another site for the proposed station. After a further discussion of the matter. Mr. Webber moved that the ~uestion be referred to the City Manager for study and report as to the recommenda- tion of the National Board of Fire Underwriters as to the location of the site of th! proposed fire station, the number of fires in the Garden City area over the last five years and the damage sustained, and the cost of operation of the volunteer '27.'2 On motion of Mr. Mheeler, seconded by Or. Cornell and unanimously adopted the request mas referred to the City Attorney for preparation or the proper FIRE DEPARTMEEF: The City Manager submitted ·uritteu report, advising that on October 14, 1961, Fireman Joseph E.-Myers was Injured in line of duty, that on January 2, 1962. Resolution No. 14723 was adopted, which extended his time on the payroll to April 12. 1962, and tbat Mr. Myers Is still unable to return to mark, the City Homager recommending that Mr. Myers be paid his regular salary for period of sixty days beginning ApFil 12, 1962. Mr. Pollurd moved that Council concur In the recommendation of the City Manager and offered the following Resolution: (al4??O) A RESOLUTION directing that Joseph E. Myers. a member of the Fire Department, be paid his regular salary for a period of sixty days beginning ApFil 13, Ig62. (For full text of Resolution, see Resolution Book No. 25, page 326.) Mr. Pollard moved the adoption of the Resolution. The motion ~as seconde( by Dr. Corflell and adopted by the followln9 vote: AIRS: Messrs. Cornell, Dillard, Pollard, Mebber, Mheeler. and the NAYS: None .....................O. (Mr. Yawn9 absent) DONATIONS-STREETS AND ALLEYS: The City Manager submitted a written report that the Roanoke Valley Realty Corporation has agreed to donate to the City of Roanoke a certain strip of land on the east side of West Side Boulevard, N. W., for street widening purposes, and recommended that the donation be accepted. Mr. {heeler moved that Council concur in the recommendation of the City Manager and offered the followin9 emergency Ordinance: (514771) AN ORDINANCE authorizing the acceptance of a deed pursuant to which Roanoke Valley Realty Corporation donates a strip of land to the City on the east side of West Side Boulevard, N. W.; 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. Pollard and adopted by the following vote:- AYES: Messrs. Cornell, Dillard, Pollard. Webber, ~heeler. and the President, Mr. Anderson ................... NAYS: None .....................O. (Mr. Young absent) CITY MANAGER: The City Manager submitted a written report, recommending that Council adopt a Resolution designating Mr. J. Robert Thomas to act as City Manager when the City Manager is out of the city, or at his request'. On motion of Mr. Dillard, seconded by Dr. Cornell and unanimously adopted the matter was carried over until a full membership of Council is present. SIGNS: Council having previously referred to the City Manager for study. report end recommendation · communication from Mr. Jeans H. Hamlin. advising that Coca-Calm BOttling Morhs. Incorporated. has erected u 4' x 3' sign on bls property et 1731 London Avenue. N. ~.. advertising a tourist home for colored people operated by Mr. Milliam G. Mnrren, that the sign is larger than the aaxinuu pro- vided for in the City Code. and requesting permission to retain said sign. the City Manager nnbmitted n written report, advising that the sign has been removed by the Coca-Cola Bottling On motion of Mr. Pollard. seconded by Mr. Dillard and unanimously adopted the report was ordered filed. PARKS AND PLAYGROUNDS: Council having previously requested the Secretaryll of the Department of the Interior of the United States to proceed mith the planning and construction of the one uncompleted section of the Blue state and. in so doing, to include a spur to the top of Mill Mountain. the City Manager submitted a mritten report that the National Park Service has approved a plan for · 2-mile spur road from the Blue Ridge Parkuoy to the Yello, Mountain Road 27.4.' "April 2~, 19~2. The Honorable the Council of the City of Roanoke Gentlemen: Under dote or April 19, 1962, I directed a letter to you advising that, so far as a careful search of the records of the City Clerk's office and of my office disclosed, no resolution adopted by your body ups in existence authorizing a differential favoring bids submitted by local bidders over those submitted by bidders doing business outside of the City or State. This letter supplements my last-mentioned letter. The City Clerk just handed me a file from her office which re- flects that, under dote of Apr~ 10, 1955, your body directed a committee, consisting of the ity Nanager, Yessrs. R. G. Haws. J. W. Hurress, F. A. Uo¥i , Purchasing Agent. State Hlghuoy Department, and H. G. ~ shop, Assistant Purchasing Agent. Norfolk and Western Rail ~y Company, to study the system then used by the City an~. if it found anything wrong with the system then used by the City. to make recommendations to the Council for the correction thereof. On January 16. 1956. this committee filed its report in which, in paragraph 4 on page 2, it recommended that: 'No provision be made for a percentage differential to local firms over out-of-tabu firms, but all things being equal the local firm be given preference.' The aforementioned file also contains Senate Joint Reso- lution No. 33 which, most briefly, provides that political subdivisions, agencies and instrumentalities of the State shall give preference to Virginia businesses and residents who can supply any material, equipment or supplies or services mhtch ore desired by the purchaser provided the prices or charges are comparable to those made or quoted by nonresidents. Respectfully submitted. s/Ran G. Whittle City Attorney" On motion of Mr. Dillard. seconded by Mr. Pollard and unanimously adopted the report ~as ordered filed. AIRPORT: The City Attorney submitted the follo~ing report with reference to rental of space in the Terminal Building at the Roanoke Municipal Airport for periods of one year: "April 20, 1962 The Honorable the Council of the City of Roanoke Gentlemen: At your regular meeting of April lb. you directed t~t I consider Section 15 of Chapter $ of Title VIII of The Code of the City of Roanoke, 1956. and 'prepare the proper measure granting' permission to lessees of the Terminal Buildin9 to continue to occupy the respective portions thereof lensed to them upon the elapse of the first year. The section in question is extremely short and it simply establishes the annual rent at which the Terminal Building may be lensed. It provides that the main floor, lobby area. may be lensed at $5.O0; the main floor at $3.00: the second floor at $2.00; and the basement at $1.00, respectively, per square foot per year. Othermise. the section contains only this sentence: 'No area shall be rented for a period to ex- ceed one year except by special agreement to be approved by council** 275 The ·action seems cle·r to ne. It simply establishes the rote per squ·re foot that designated ureas of the Terminal Building m·y be leased by administrative officers os vuc·ncles occur and requests ore made for periods not to exceed · year in duration. Upon the expiration of ·ny lease, the sdmJnia- trat ion muy renew it for additional periods, none of uhich may exceed · year in duration. Ir a prospective tenant desires to be os·ured of more than an annual occupancy, the section provides that such a lease, to be valid, must be approved by Council. It is my opinion that it Is unnecesa·ry to amend the section and that. upon the expiration of any existing leases, the City M·nager is authorized, without further Councilmanic sanction, to enter into a renewal lease with any such tenant for a period not to exceed one year. Respectfully. s/Ran G. Mhittle City Attorney" On motion of Rt. Dillard. seconded by Mr. Pollard and unanimously adopted, the report was ordered filed. CITY AUOITOR: The City Auditor submitted a monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencing March I, 1962. and ended March 31. 1962. On motion of Mr. Mheeler. seconded by Dr. Cornell and unanimously adopted~ the report mas ordered filed, ZONING: Council having previously referred to the City Planning Commis- sion for study, report and recommendation communications from Mr. Barvey S. Lutins.,i Attorney. representing Br. ~orton C. Rosenberg. et al.. and Mr. Richard T. Edwards. Ii Attorney. representing Riss Anna Jackson Baker. requesting that properties lying on the south side of Melrose Avenue. N. M.. and the west side of Thirty-first Street, N. W., described as Lots 1. 2 and 3. Block I. Angell Addition. Official Tax Nos. 2530101, 2530102 and 2530103. be rezoned from General Residence District to Business District. the City Planning Commission submitted a written report. advising that it was learned that most of the land for which rezoning is requested is presently vacant and faces a major thoroughfare noted for its heavy traffic volume, that the Planning Commission concluded that the best use of the land would be for commercial purposes and that the proposed establishment of a department store would be in keeping ~ith the development trends evident in the general location of Melrose Avenue, the Commission therefore recommending that the rezoning request be granted. Mr. Mheeler moved that a public hearin9 on the matter be held at 2 p.m., May 21. 1962. The notion mas seconded by Mr. Dillard and unanimouslyadopted. REPORTS OF CORMITTEES: AIRPORT: The Airport Committee submitted the following report with reference to a request for federal aid to assist the City of Roanoke in acquiring necessary land at the Roanoke Municipal Airport for the protection and future expansion of the airport: 276 'Roauoke, Virginia April 23° 1962 To the City Council Roanohe, Virginia Members of Council: On Hatch 12, 1962. Council adopted Resolution No. 14740, pro- viding rot the purchase of land for the extension of Runuay 33, and long-range protection rot the airport; houever, after several conferences and a letter dated April Il, 1962, from Mr. Curtis F. Grave, District Airport Engineer, me are advised that the City might lose its Instrument Landing System reservation if provisions are not made nou for the extension of the runway, the clesF zone area, and the necessary land for the approach lighting system. The committee, therefore, recommends te Council that the orig- inal resolution be rescinded and Council adopt a new resolution authorizing the purchase of the necessary acreage to accomplish the foregoing, as described on Plan No. 4691-A. o~ fil~ in the City Engineer's office. The folloaing would be the crux of this report: A, Purchase 146 - acres of land lying generally south and southeast of the airport for this expansion project divided as follows: 53.? acres for construction of the rnnway exten- sion and n clear zone to the north side of Horsh- berger Road, Route ~625. 30 acres for an approach light lane 400' wide and 3200' long beginning at the south end of the new runway extension. 62 acres on the east side of Runuay 33 to provide fill material for runway construction, and an access road from this area to Route ~625. Construct approximately 1600 lineal feet of runway extension including high intensity lighting and landscaping. Respectfully submitted, s/Roy L. Webber Roy L. Webber. Chairman" In a discussion of the matter, Dr. Cornell voiced the opinion thatlevel- lng of the 62 acres on the east side of Runway 33 would increase the value of said land; therefore, the property owners probably would agree to give the necessary fill material, thus eliminating the necessity of the city purchasing the land. Mr. Webber pointed out that not only will the 62 acres be used for fill purposes, but they sill be used in connection with constructing a new access road to relieve traffic congestion at the Hershberger-Airport-Willlamson Road also, for the erection of T-Hangars thereon. Rt. W. Rolling Izard, President of the Roanoke Chamber of Commerce° appeared before Council and presented a Resolution of the Aviation Committee of the Roanoke Chamber of Commerce. supporting the proposed plan for development of the Roanoke Municipal Airport and urging that necessary funds be appropriated to proceed with this work immediately. In answer to n question of Mr. Dillard, Mr. Webber stated that the estimated cost of the revised plan is approximately $8§0,000, of which the city's share would be approximately $400°000. 277 The mntter having been discussed at length, Mr. Nebber offered the following Resolution: (a14772) A RESOLUTION rescinding Resolution No. 14740, adopted by the Council of the City of Roanoke on the 12th day of Mnrch. 1962; authorizing the City Manager to make requisite requests for federal old to assist the City in ucquiring additional real estate at'Roanoke Nunkipsl (Woodrum) Airport and others Jse improving the aforesaid Airport; nad assuring the Federal Government of this Council's millingness to pay its proper percentagesof the costs of such improvements (For full text of Resolution, see Resolution Book No, 25, page 328.) Wv. Mebber moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote. Dr. Cornell stating that he would for the project if the acquisition of 62 acres of land faf fill purposes were eliminated therefrom, and Sr. Dillard stating that he is going to rote for the Resolution because he is convinced the city is headed toward a financial crisis, and it might as sell be hastened: AYES: Messrs. Dillard, Pollard. Webber. Wheeler, and the President, Mr. Anderson ............................... 5. NAYS: Dr. Cornell ...............I. (Mr. Young absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SICNS: The City Attorney having been directed to prepare the proper amending Section 17, Chapter ?, Title X¥. of The Code of the City of Roanoke, 19S6. to permit an owner or lessee of property to erect snipe signs, he presented same; whereupon. Mr. Wheeler moved that the following Ordinance be placed upon its first reading: (314773) AN ORDINANCE to amend and reordain Section 17 of Chapter 7 of Title XY of The Code Of the City of Roanoke. 1956. DE IT ORDAINED by the Council of the City of Roanoke that Sec. 17. 'Snipe signs prohibited; exception' of Chapter 7. 'Signs, Awnings and Marquees' of Title X¥. *Construction, Alteration and Use of Land, Buildings and Other Structures' 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 Sec. IT. SniDe sions prohibited; exceptions. No snipe signs shall be permitted at any location within the city, except those advertising on advertising structures owned, controlled and regularly maintained by persons duly licensed to conduct no outdoor advertising business in the city; provided, however, that the owner or lessee of premises, upon otherwise complying with the pr~- visions of this chapter, may erect such sign on such premises advertising only a business operated or a service offered by Such owner or lessee. 278 The notion uss seconded by Hr. Pollnrd nnd sdopted by the follouing vote: AYES: Messrs. Cornell, Dillnrd. Pollard, Webber, Wheeler. and the President, Mr. Anderson .................. 6. NAYS: None .....................O. (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS: Council having previously referred n petition signed by seventeen property ushers on Stoneridge Road. S. W.. requesting that the street be included in the city's street paving program for 1962. to the City Manager for study, report and recommendation. Mr. Dillard stated that it Is his understanding that the lo,er portion of the street is to be paved, but that the upper portion will not. The City Manager stated he would look into the matter. CITY CLEAR: The City Clerk reported the qualification of Miss Dorise Maye Graham os Deputy City Clerk of the City of Roanoke beginning April 16. 1962. On motion of Mr. Mheeler. seconded by Mr. Webber and unanimously adopted. the report uss ordered filed. YOUTH COMMISSION: The City Clerk called attention to the expiration of the terms of Mrs. Glenn R. McLeod and the Reverend F. E. Alexander as members of the Youth Commission on April 30, 1962. In this connection. Dr. Cornell stated that he is a member of the Youth Commission and that to his knowledge there has been no meeting of the Commission during that time. Dr. Cornell voicing the opinion that unless the Commission is active, he does not think it is of any value to the city. On motion of Mr. Rheeler, seconded by Mr. Nebber and unanimously adopted. the matter was carried over until the next regular meeting of Council. There being no further business, Council adjourned. APPROVED ATTEST: ~ President 279 COUNCIL, gEGULAR NEETINO, Moudny. April 30, The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Ouilding, Monday, April 30, 1962. ut 2 p.m., the regular meeting hour, #ith the President, Mr. Anderson, presiding. PRESEI~[: Messrs. Cornell, flJllord, Pollard, Rubber, Mheeler, Young, and the President, Mr. Anderson ................... ?. ABSEN'~: None ........................... O. OFFICERS PRESENT: Mr. Randolph O. Nhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. 1NVOCAYION: The meeting was opened mith a prayer by the Reverend Robert Field, Pastor, Colonial Presbyterian Church. MINU~ES: Copy of the minutes of the regular meetJn9 held on Monday. April 23° 1962, having been furnished each member Of Council, on motion of Mr. Rheeler, seconded by Mr. Pollard and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: AIRPORT: A group of representatives of the Roanoke Aviation Council appeared before Council, with Mr. James M. Young as spokesman, and asked that a 280 that the Airport Committee has considered the possibility of no sddltional runnsy, but that representatives of the FAA meeting nlth the committee mould not consent thereto. In answer to a question by Mr. Marshall as to whether or not Runway 33 will definitely meet the minimum criteria for an instrument landing system, Mr. Marshall L. IlarrJs. Ranager of the Airport. aha nas present at the meeting, replied that it has been deternJned that the extension of Runway 33 is the best answer st n practical price. After s further discussion of the matter, Mr. Webber stating that he feels Runway 27 will always rennin open, Dr. Cornell moved that the question be referred to the Airport Committee tO meet nJth representatives of the FAA. the Roanoke Aviation Council and other interested parties and discuss in detail the questions raised by the Roanoke Aviation Council, and to report bsck to Council. The notion was seconded by Mr. Dillard and unanimously adopted. PETITXONS AND COMMUNICATIONS: ZONING: A communication from Mr. Harvey S. Lutins, Attorney, representJn Mrs. Grace W, Tnubman. requesting that property located between Kerns Avenue and Floyd Avenue, S. W., west of the Norfolk and Western Railway Company Belt Line, described as Acreage, Wasena Corporation, Official Tax No. 1130611, be rezoned from General Residence District and Business District to Light Industrial District was before Council. On motion of Mr. Pollard, seconded by Mr. Rheeler and unanimously ndopteq the request for rezonJng was referred to the City Planning Commission for study, report and recommendation. AUDITS-JUVENILE AND DOMESTIC RELATIONS COURT: Reports of the Auditor of Public Accounts for the Commonwealth of Virginia of an audit of the accounts and records of Judge Janes W. Flippin, lamer Judge of the Juvenile and Domestic Relations Court, for the periods October l-December 31, 1960, and January l- November 30, 1961, and of Judge W. J. Austin, Jr., for the period December l- December 31, 1961, were before Council. On notion of Rr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the reports were ordered filed. REPORTS OF OFFICERS: STREET LIGHTS: The City Auditor presented n written report of the City Manager, recommending that n street light be installed at the end of the 2700 block of Thorndale Street, S. W. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~14774} A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light nt the end of the 2700 block of Thorndale Street, S. W. (AP Pole No, 277-7b12). (For full text of Resolution, see Resolution Boor No. 25, page 329.) 281 Mr. Young moved the adoption of the Resolution. The motion els seconded by Mr. Mheeler and adopted by the follouing vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, Mheeler, Young, and the President. Mr. Anderson ...................... NAYS: None ............................O. CLAIMS-POLICE DEPARTMENT: The City Auditor presented a mritten report of the City Manager, pointing out that on April 28, 19bi, Officer Thomas E. Elttinger In attempting to make an arrest at the corner of Sixth Street and Elm Avenue, S. Mas injured and that as a result of that injury he died on April 29, 1961; that, as a matter of routine in instances where the city is required to pay benefits under the Morhmea*s Compensation Act, the City Attorney intervenes on behalf of the city ia suits brought to recover damages for injuries or death to city employees to the extent of reimbursing the cJt, for the amounts so paid by It, the City Manager recommending that Council adopt a Resolution waiving the city*s right of subrogation in any claim that the city may have to any recovery made by the Kittinger Estate, in order that the family may take full advantage of any settlement made. Mr. Dillard moved that Council concur in the recommendation of the City Manager, uith the understanding that such action does not establish a precedent, and offered the following Resolution: (=ldTYS) A RESOLUTION waiving the City's right of subrogation under the Morkmen's Compensation Act arising out of the death, in line of duty, of its police officer Thomas E. Kittinger. (For full text of Resolution, see Resolution Book No. 25. page Mr. Dillard moved the adoption of the Resolution. The motion mas seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, ~ebber, Wheeler, Young, and the President. ir. Anderson ...................... NAYS: None ............................O. · INVITATIONS: The City Auditor presented a written report of the City Manager. recommending that Council appoint an official delegate to attend the 282 Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (s14776) AN ORDINANCE to amend and reordain Section =52, "Public Assistance,# of the 1962 AppropTiotion Ordinance, and providing for on emergency. (For full text of Ordinance. see Ordinance Door No. 25, page 330.) Mr. Dillard moved the adoption of the Ordinance, The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard. Pollard. Nebber, Rheeler, Young, and the President, Mr. Anderson .................. NAYS: None ........................O. AIRPORT: The City Auditor presented the followin9 report of the City Manager with reference to tbeultra high freqaency remote transmitter facility at the Roanoke Municipal Airport: 'Roanoke. Virginia April 30, 1962 · To the City Council Roanoke, Virginia Members of Council: I would like to recommend that you adopt an ordinance authorizing and directing the granting of a license to the United States of America to install, operate and maintain an ultra high frequency remote transmitter facility and neces- sary control facilities upon a tract of 11.000 square feet located at the Roanoke Municipal Airport. In accordance with a map, a portion of this area has originally been leased to the 9373 AFRRG and they are foregoing this, which is attested by a letter dated April 9. 1962, from Colonel E. Howard Hammersley. I recommend that you adopt the ordinance. Respectfully submitted, s/Arthur S. Omens City Manager" Mr. Young moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (=14777) AN ORDINANCE authorizing and directing the granting of a license to the United States of America to install, operate and maintain an ultra high frequency remote transmitter facility and necessary control facilities upon a tract of 11,000 square feet located at the Roanoke Municipal Airport (Noodrum Field). WHEREAS, by. Ordinance No. 12271, adopted by this Council on the 6th day of December, 1954, the City of Roanoke granteda license to the Federal Aviation Agency of the United States Of America, being License No. Clcn-2613-A, pursuant to which said Agency is presently operating an ultra high frequency transmitter facility and necessary control facilities upon a parcel of 10.000 squar~ feet situate at Roanoke Municipal Airport, the original term of which license is renewable annually only until the 30th day Of June. 1965; and 283 WHEREAS, tke aforesaid Federal Aviation Agency desires that the aforesaid License No. Cica-2613-A be cancelled and superseded by License Contract NO. FA-EA- 2792, effective frog April I, 1962. ghich shall regain in force until June 30. 1962. and ehich gay thereafter, at the option of the Government, be renewed frog iyear to year at an annual rental of $1.00. provided that no such rental shall !extend the period of occupancy beyond the 30th day of June. 1972; the superseding license being otherwise substantially upon the same terms ss the license hereby cancelled except that an additional 1o000 square feet is hereby authorized to be added to the area involved; and WHEREAS, the City Manager sad the Manager of the Airport have both recoumended the adoption of this ordinance, in uhich reconmendatlon this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That License No. Clca-2613-A be, and said license is hereby, cancelled and that Ordinance No. 12271, authorizing and directing the granting of said license be. and said ordinance is hereby, repealed. 2. That the City Manager be. and he is hereby, authorized and directed, for and on behalf of the City of Roanoke, to execute Contract No. FA-EA- 2792. as prepared by the Federal Aviation Agency, granting unto said Agency the right to continue the operation and maintenance of an ultra high frequency remote transmitter facility and necessary control facilities upon the lloO00 square foot parcel of land therein described situate at the Roanoke Municipal Airport (Woodrum Field) for annual periods ending each succeeding June 30th but may be extended annually, at the option of the United States Government. provided that no renewal shall extend the period of occupancy of the prenises beyond the 30th day of June. 1972. The motion was seconded by Dr. Cornel] and adopted by the following rote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ........................... ?. NAYS: None .............................O. STATE HIGHWAYS: The City Auditor presented a written report of the City Manager, advising that the Virginia Department of Highways has awarded a contract for the construction of a portion of the Route Sgl Spur to J. M. Turner and Company, Incorporated, in the net sum of Sgoo,D22.20, subject to concurrence of the City of Roanoke and the Bureau of Public Roads, that the Highway Department has included two sewer line crossings in the contract at an estimated cost of $4,682.50, with the understanding that the city gould pay for same. and requesting that Council concur in the awarding of the contrnct to J. M. Turner and Company, Incorporated, and appropriate $4,682.50 to reimburse the state for the cost of the sewer line crossings. 284 In this connection, Mr, H. Cletus Broyleoo City Engineer, nppenred before Council and explained that he feels it mould be a mistake on the port of the city not to avail Itself of the opportunity to sccooplish the saner line crossings mhile the Interstate Spur is under constrnction, tbnt after the Spuris once constructed he is sure that in order to accomplish o sewer crossing on expensive means of installation mould be required. Ina discussion of the matter, Mr. Young raised the question that in the event the area in which the crossings are to be installed is not annexed to the city and the county sees fit to make use of these lines owned by the city is it not the intention of Council to convey said lines to the county at the actual cost to the city, the City Engineer replying that this is his understanding. Mr. Young then moved that Council concur in the request of the City Manager and offered the following Resolution: (314776) A RESOLUTION concurring in the award by the Commonmealth of Virginia. Department of Highways. of a contract to J. M. Turner and Company, Inc., for the construction of a portion of the Route 591 Spur into Roanoke. (For full text of Resolution. see Resolution Book No. 25, page 331.) 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 ....................... ?. NAYS: None .........................O. Mr. Dillard then offered the following emergency Ordinance appropriating the sum of $4,682.50: (314779) AN ORDINANCE to amend and reordain Section =142, "Transfer to Improvement Fund," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2S, page 332.) Mr. Dillard moved the adoption Of the Ordinance. The motion uss seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Oillard, Pollard, Webber, Wheeler, Young. and the President. Mr. Anderson ....................... ?. NAYS: None .........................O. WATER DEPARTMENT: The City Auditor presented the following report of the City Manager sikh reference to a request of Mr. B. S. Thompson that he be refunded $14.30. representing an ulleged over-payment of his mater bill: "Roanoke, Virginia April 30. 1962 To the City Council Roanoke, Virginia Members of Council: At our meeting Of April 16o 1962, you referred to me a communication from Mr. H. S. Thompson. 205 Elm Avenue. S. W., advising that his mater bill for the period of September 11, 285 1961, to December 6, 1961o mas $39.30o more than doable his average mater bill. He advised be did not feel that he should be required to pay more than $25.00 on this bill: nod you re- ferred it to me for study, report and recommendation. I do not recall ~he dates that Hr. Thompson coiled to my office uith reference to his mater bill: hanover, at my instructions, placed charts on the meter and checked the rlom very carefully uhJch mas evident to os that there mere. leaks beyond the meter on the property ouner*s side. After the checks mere made, Mr. Thompson mas still dissatisfied uith our report and he had on independent plumber, HF. S. J. Conner, to make checks ia the house for leaks at mhich time he found none. It nas obvious to us that the leaks, in all probability, had' been corrected by that time. The $5 fee of Mr. Conner mas paid by the City. the recommendation of the City Manager that the body adopt a Resolution designatingli city, or at his request, until a full membership is present, the matter mas again before C .... il. 286 N~o Dillard moved the adoption of the Ordinance. The cation mas seconded by Dr. Coraell smd adopted by the follomlng vote: AYES: Wessrs. Cornell, Dillard, Pollard, Webber, Wheeler. Young, and the FresJdeot, NF. Anderson ........................ 7. NAYS: None ..........................O. REFUNDS AND REBATES-LICENSES: Council having directed the City Attorney to prepare a Resolution authorizing a refund of $10 to William P. Swurtz. Jr.. and Company, Incorporated, covering an unused city automobile license tag. he presented sane; whereupon, Mr. Wheeler offered the follouing: (~!4780) A RESOLUTION refunding unto William P. Swartz. Jr.. and Company, Incorporated. the charge made for a City automobile license tag. (For full text of Resolution, see Resolution Book No. 25, page 332.) Mr. Nheeler moved the adoption of the Resolution. The notion Mas seconde by Mr. Young and adopted by the following vote: AYES: Messrs. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ....................................... S. NAYS: WessFs. Cornell and Dillard---2. SIGNS: Council having directed the City Attorney to prepare a Resolu- tion 9ranting permission to The Valley Junior Woman*s Club to install a banner across Jefferson Street June 18-25, 1962, in connection with the Miss Virginia Vageant, he presented sane; whereupon, Nr. Wheeler offered the following: (~14781) A RESOLUTION authorizing the City Manager to permit The Valley Junior Woman's Club to install a banner across Jefferson Street'in connection with the Miss Virginia Pageant. (For full text of Resolution. see Resolution Book NO. 25. page 333.) Mr. Mheeler 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. Nheeler, Young, and the President, Mr. Anderson .................... NAYS: None ..........................O. MOTIONS AND MISCELLANEOUS BUSINESS: YOUTH COMMISSION: Council having been notified at its last regular meeting of the ex~tration of the terms of Mrs. Glenn R. McLeod and the Reverend F. E. Alexander as members of the Youth Commission on April 30, 1962, the matter was again before the body. In this connection, Dr. Cornell. a member of the Youth Commission. stated that he attended his first meeting of the Commission during the past week and learned that no meetings have been held during the time he has been a member. that the Commission does not neet periodically, but only when it feels the necessi for a meeting. The Mayor called for nominations to fill the vacancies on the Youth Commission and Dr. Cornell placed in nomination the names of Mrs. Glenn R. McLeod and the Reverend F. E. Alexander. 287 Hr. Nheeler saved that the nominations be closed. The motion mai sec,nde( by Nr. Y, aug and unanimously adopted. Hrs. Glenn R. McLeod and the Reverend F. E. Alexander mere reappointed as members or the Youth Commission for a term of two years beginning Hay 1, 1962o by the r,Il,ling vote: FOR MRS. RCLEOD AND MR. ALEXANDER: Hesars. Cornell, Dillard, Pollard, Webber. Wheeler, Young, and the President, Hr. Anderson ....................... 7. There being no further business, Council adjourned. APPROYED ATTEST: 2'8~8- COUNCIL, REGULAR MEETING, Moudny, May 7. 1962o The Council of the City of Roanoke metin regular meeting in the Council Chamber in the Municipal Building, Monday, May ?, 1962, ut 2 p.m., the regulur meeting hour, ulth the President, Mr. Anderson, presiding. PRESENT: Messrs~ Cornell, Mebber, Rheeler. Young, and the President, Mr. Anderson ........ ~ ..................................... ABSENT: Messrs. Dillard and Pollard ............2. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph Mhittle. City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Riley J Stewart, Pastor, East End Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. April 30. 1962. having been furnished each member of Council. on motion of Mr. Rheeler, seconded by Mr. Young and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ST~EE~ AND ALLEYS: A public hearing having been set for 2 p.m., Monday, May 7. 1962. on the request of the Belmont Presbyterian Church and Mrs. Rosa Saker that the northern portion Of an alley lying between Murray Avenue and Montrose Avenue, S. E.. west of Ninth Street, between their properties, be vacated, dJscontinned and closed, the matter was before Council. At the request Of Mayor Anderson. the City Clerk read the report of the Eity Planning Commission, recommending that the request be granted. The City Clerk also read a report Of the viewers, stating that they ore unanimously of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing the alley. In this connection. Mr. Ernest W. Ballon, Attorney, representing the petitioners, appeared before Council and asked that the northern portion of the alley be vacated, discontinued and closed as requested. No one appeared in opposition to the request, Mr. Young moved that the following Ordinance be placed upon its first reading: (=14782) AN ORDINANCE vacating, discontinuing and closing a portion of an unopened and unimproved alley adjacent to and west of Lots 25, 26 and 27, Block 6, Section A, Buena Vista Land Company (property of Belmont Presbyterian Church), and lying east Of and adjacent to Lot 13, Block b, Section A, Buena Vista Land Company (property of Rosa A. Saker), in the City of Roanoke, Virginia. WHEREAS, the Trustees of Belmont Presbyterian Church and Rosa A. Saker of Roanoke, Virginia. have heretofore filed their petition before Council in which petition they request Council to permanently vacate, discontinue and close that portion of an unopened and unimproved alley, as hereinafter described, and set forth, as to the filing of shich petition due notice was properly posted as required by las; and 289. MHEREAS, the Council of the City of Roanoke, Virginia, on the 12th day of March, 1962. adopted Resolution No. 14739 appointing vieners in accordance with the prayer of said petition to vieu that portion of tn unopened and unimproved alley, hereinafter described, mhlch mas requested to be vacated, discontinued and closed and to report uhether or not in their opinion any, and, if any, what incon- venience would result from the permanent vacating, discontinuing and closing Of that portion of said unopened and unimproved alley, hereinafter described; and MREREAS, it appearing from a report in uritin9 filed by the said viewers in this proceeding that no inconvenience would result either to the public or to any individual from the permanent vacating, discontinuing and closing of that portion Of an unopened and unimproved alley, hereinafter described; and MBEREAS, a public hearing On the matter of permanently abandoning, vacating, discontinuing and closing that portion of an unopened and unimproved alley, hereinafter described, has been held, notice of which said public bearing was duly advertised in The Roanoke World-News on April 20, 1962, advising the public of said public hearing before this Council on May 7, 1962. at 2 p.m., on said day, at mhtcb meeting there was expressed no objection or opposition to permanently vecating, discontinuing and closing that portion of an unopened and unimproved alley, hereinafter more particularly described; and WHEREAS, this matter has been referred to the Planning Commission of the City Of Roanoke, which said Commission has approved the permanent vacating, discontinuing and closing of that portion of an unopened and unimproved alley, hereinafter more particularly described; and ~HEREAS. it further appearing to the Council that the petitioners have agreed to bear and defray the costs and expenses incident to this proceeding. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that portion of an unopened and unimproved alley, more particularly described as follows, to=wlt: BEGINNING at a point on Murray Avenue. S. E., at the northwest corner of Lot 25. Block 6, Section A, Buena Vista Land Company, said beginning point being the point of intersection between the south side of Murray Avenue and the east side of the above-mentioned unopened, unimproved alley; thence with the easterly line of said alley and the westerly line of Lots 25, 26 and 27, Block 6, Section A, Buena Vista Land Company, S. 15° 30* E. 152.17 feet to apoint; thence across said alley S. 74° 30' 15 feet to a point on the westerly side of said alley; thence ~ith same N. 15° 30' W. 167.70 feet to the southerly side of Murray Avenue, S. thence with same N. 47° 56* £. 16.770 feet to the place of Beginning. be, and t~e same is hereby, permanently vacated, discontinued and closed, and that all right, title and interest of the City of Roanoke and the public in and to that portion of an unopened and unimproved alley, hereinabove described, be, and they are hereby, released insofar as the Council is empouered so to do, except that a public easement is hereby reserved for the maintenance, repair and replacement 290 of the storm draJnSo semer end ueter lines and oil other municipel installations, if any, upu loceted in thet said portion of un unopened end unimproved ulley, herelnebove described. RE IT FURTHER OROAIREO thor the City Engineer be, end he is hereby, directed to mark 'Permanently Vacated. Discontinued and Closed' that portion of said unopened and unimproved alley, hereiuobove more particulerly described, on ell maps end plats on file in the office of the City Engineer of the City of Roanoke. Yirginie0 un uhich said maps and plats that portion of on unopened end unimproved elley, hereinebove described, is shoun, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke uherein this Ordinance shall be spread. RE IT FORTMER OROAINEO that the Clerk Of the Council shall deliver tn the Clerk of the Hastings Court for the City Of Roanoke, ¥irginia, aa attested copy of this Ordinance in order that said Clerk Of Courts may make proper notation on all maps and plats recorded in his Office upon which are shown that portion Of an unopened and unimproved alley, above-mentioned, which i$ hereby permanently vacated, discontinued and closed. The motion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Messrs. Cornell, Webber, Wheeler, Young, and the President, Mr. Anderson .......................... 5. MAYS: Mane .............O. (Messrs. Dillard and Pollard absent) ZONIMD: A public hearing having been set for 2 p.m., Monday. May 7. 1962, on the request of the Sugar Loaf Company. Limited, that its property located on the east side Of flollins Road, M. E.. south of Liberty Road. described as Lots 5 and 6, C. G. Orange Map, be rezoned from Special Residence District to Business District. the matter ~as before Council. At the request of Mayor Anderson. the City Clerk read the report of the City Planning Commission. recommending that the request be granted. In this connection. Mr. J. Thomas Engleby, III, Attorney, representing the petitioner, appeared before Council and urged that the request for rezoning be granted. Mo one appeari~ Jn opposition to the request for rezontng, Rt. Wheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~14783) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section l, of The Code of the City Of Roanoke, 1956, in relation to Zoning. MBEREAS, application has been made to the Council Of the City of Roanoke to have property located on the east side of Hollins Road, N. E., south of Liberty Road, described as Lots 5 and b, according to the C. 0. Orange Map, and more particularly designated as Official Tax Nos. 3121705 and 3121706, rezoued from Special Residence District to Business District; and 29'1 MHEREAS, the City Planning Commission his recommended that the herein- after described load be rezoned [rom Special Residence District to Business Ofstric nnd MHEREAS, notice required by Title XVo Chapter 4, Section 43, of The Code of the City of Roanoke. 1956, relating to Zoning. has been published in 'The Roanoke Norid-News.' a newspaper published in the City of Roanoke. for the time required by said section; and ~HEREASo the hearing as provided for in said notice nas held on the 7th day of May, 1962, 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 1T 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, vJz.:ii Property located on the east side of tlollins Road, N. E.. south of Liberty Road, described as Lots 5 and 6. accordin9 to the C. C. Orange Rap° designated on Sheet 312 of the Zoning Map as Official Tax Nos. 3121705 and 3121706 be, and is hereby, changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Young and adopted by the following vote: A~S: Messrs. Cornell, Nebber. Wheeler. Young. and the President. Mr. Anderson ............................... 5. NAYS: None ..................O. (Ressrs. Dillard and Pollard absent) ZONING-STREETS AND ALLEYS: A public hearing having been set for 2 p.m,. Monday. May ?. lg62, on the question of establishing a SO-foot building setback line on both sides of IIollins Road, N. E., between Orange Avenue and Preston Council. In this connection, the City Clerk presented a communication from the City Planning Commission. advising that after making its recommendation concerning the setback line the Planning Commission was informed by the City Engineer that the preparation of a map as a basis for the Ordinance establishing the setback line would require intensive field work; therefore, it would not be available '~92 PETITIONS AND COMMUNICATIONS: BUDGET-CITY SERGEANt: Copy Of a communication from Mr. EermJt E. Allman, City Sergeant. to the Compensation Board, requesting authority to employ o Deputy Sergeant-Jailor ut · salary of $4.080.00 per annum, a Deputy Sergeant- Stemard and Food Service Supervisor it O salary of $4,060,00 per annum, and o part-time Matron at the rate of $1.50 per hour, effective July 1, 1962, mas before Council. Mr. Alison appeared before Council and explained that the Compensation Board will not take any action on budget requests of constitutional Officers after the beginning of the calendar year until action has been taken by the local governing body. On motion of Mr. Webber, seconded by Mr. Mheeler and unanimously adopted, the matter ~as carried over until a full membership of Council is present. RECREATION DEPARYMENT: A communication from Don and Dick*s Drive-In. 1419 Hollins Road. N. E.. requesting permission to hold teenage hops on its parking lot on Saturday nights between the hours of fl to 12 during the months of May, June. July and August, sas before Council. After a discussion of the matter as to mhetber or not the noise enanatin from the record hops would be objectionable to surrounding residents, Mr. Mebber moved that the question be referred to the City Manager for investigation, report and recommendation. The motion was seconded by Dr. Cornell and unanimously adopted. REPORTS OF OFFICERS: SCHOOLS-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, transmitting a request of the Roanoke City School Board that the city complete the roads on Shrine Hill. including paving, blacktop and the installation of curb and gutter, the City Manager advising that he feels the work should be accomplished, but that he does not knom mhere the funds are going to come from unless it is out of the school bond issue. On motion of Mr. Webber, seconded by Mr. Young and unanimously adopted, the matter mas referred back to the City Manager for an estimate of the cost of the mark requested. STREETS AND ALLEYS: The City Manager Submitted a written report that Mr. and Mrs. Ross H. Fagan have offered to donate to the city a strip of land on the east side of Garden City Boulevard, S. E** north of Mabry Avenue. for street sidening purposes, upon certain terms and conditions, and recommended that the offer be accepted. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (=14784) AN ORDINANCE accepting the offer of Mr. and Mrs. Ross H. Fagan to donate and convey to the City a strip of land on the east side of Garden 293 City Boulevard, So ED, north of Mabry Avenue, on certain terma and conditions, to be used for the mldening of Garden City Boulevard: and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 335.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Or. Cornell and adopted by the following vote: A~ES: Messrs. Cornell, Webber. Wheeler, Young, and the President, Mr. Anderson ................................ $. NAYS= None ...................O. (Messrs. Dillard and Pollard absent} BUDGET-MUNICIPAL GARAGE: The City Manager submitted a written report that it is necessary to purchase aneu adding machine for the Municipal Garage at cost of $230, less $15 trade-in allowance for the adding machine now in use, and recommended that $215 be transferred from Supplies under Section =99, =Garage,# to the Garage account nnder Section ~144, "Departmental Equipment and Improve- ments." of the 1962 budget, to provide for the purchase of the adding machine. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=14T85} AN ORDINANCE to amend and r,ordain Section =99. "Garage." and Section 5144. "Departmental Equipment and Improvements." of the 1962 Appropria-~ tion Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 336.} Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. ~heeler and adopted by the f,Il,win9 vote: AYES: Messrs. Corn,Il, Webber. Wheeler, Young. and the President, Mr. Anderson ................................ NAYS: None ...................O. (¥essrs. Dillard and Pollard absent) BUDGET-AIRPORT-STATE HIGDNAYS: The City Manager submitted a written report, together with the f,Il,win9 communication from the City Engineer. request- ing an appropriation of SI,S00 to cover the city's portion of the cost of grading a portion of relocated Virginia Route 626 adjacent to the proposed Interstate $§1 Spur: DATE: May 4. 1962 TO: Mr. Arthur S. Owens, City Manager FROM: Mr. H. Cletus Broyles, City Engineer During the past two (2) years, we have had several conferences with Department of Highway officials relative to right of way across City owned property, which property was acquired by the ' City to satisfy F.A.A. clear zone requirements for the Airport. - One of the prime considerations in connection with the Route SRl right Of way was to have the hem Spur Road so located to the west to provide the 300* minimum Federal horizontal clear- ance from the end of the paved section Of the proposed nest extension of Runway 5/23. In order to make this runway extension, it will be necessary to relocate Virginia Route 626 between the 300* minimum horizontal clearance line referred to above and the right of way Route 581. 294 We have been told that It ulll be necessary for the graded sec- tion of Route 581 to extend beyond the proposed east right of uny line of Route 561, uhich will be uithin.the right of uny of relocated Route 626. We hare further been told that there ore only tun (2) weis that this can be accomplished: . 1. That the right of way for the Interstate System must be extended to include the limits of conetructJon In which case it mould be difficult, if not almost possible In the future, to get any portion of the interstate right of Way designated for. right of uny for Route 626. 2. That the City grant a construction easement to ~he Virginia Department of Highways over that part of the graded oreo that will extend beyond the proposed eastright of way line for Route 5gl, and to bear the cost of the grading work for same, which work can be included in the project and uill be reimbursed by the City. Me have been furnished cross sections by the Deportment of Hlghuays and have been told that approximately 2.700 cubic yards of excavation will be involved. It is estimated that this work will cost approximately $1500.00. Me hove further been advised that thissection of Interstate 591, which will extend into the City of Roanoke Proper, and which will include the Hershberger Road Interchange. is sche- duled for advertisement on June 6. 1962. For your information is attached a letter from Mr. J. E. Johnson, Urban Engineer, dated April 30, Ig62 relative to this matter. In order to cooperate with the Department Of Highsayso and in order to avoid any further delay on this project, it is recom- mended that the sum Of $1500.OO be appropriated to cover the City*s portion of the grading and that approval be given for same. S/H. Cletus Broyles City Engineer APPROVED s/John L. Wentworth Director Of Public Works* Mr. Webber moved that Council concur in the request and that the City Attorney be directed to prepare the proper measure carrying out said request. The motion mas seconded by Mr. Wheeler and unanimously adopted. REPORTS: The City Manager submitted a written report, transmitting report of the Department of Public Welfare for the month of April. 1963. and listing monthly departmental reports on file in his office. On motion of Dr. Cornell. seconded by Mr. Wheeler and unanimously adopted, the report was ordered filed. REPORTS OF COMMITTEES: SUBDIVISIONS-SEWERS AND STORM DRAINS: Council at its meeting of April 2. 1962. having deferred action on the recommendation of a committee composed of Messrs. Benton O. Dillard. Chairman, Arthur S. Owens and H. Cletus Broyles that the bid of the Draper Construction Company for the construction of an 8-inch sanitary sewer in Lockridge Road. S. W., in the amount of $7,354.50, be accepted. pending receipt of $36,700.00 from the Glens Palls Insurance Company for certain improvements and installations to be made in *Map Of Section No. 2 - Chapel Forest the City Manager advised that this amount has now been received by the city. but there is some question as to whether or not it is sufficient to make all Of the improvements contemplated. After n discussion of the matter, the City Munuger stuting that he feels it will be necessary to construct the sewer even though there nuy not be sufficient funds for all of the Improvements. Dr. Cornell moved that Council concur in the recommendation Of the ¢onwlttee and offered the follonin9 emergency Ordinance: (nl4?B6} AN ORDINANCE acceptln9 the proposal of Draper Construction Company for construction of an 8-inch sunitury sewer on Lockridge Road; autborizln9 the proper City officials to execute the requisite contract; rejecting all other bids; ~nd prorlding for nn emergency. (For full text of Ordinance. see Ordinance Book No. 25. puge 336.) Dr. Cornell moved the adoption of the Ordinance. The notion was secondedli by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell. Nebber. Mheeler. Youn9. and Ihe President. Mr. Anderson .................................. NAYS: None .....................O. (Messrs. Dillard and Pollard absent) SUBDI¥1SIONS-NATER DEPARTMENT: Council at its meeting of April 9, 1962, having referred to a committee composed of Yeasts. Benton O. Dillard, Chairman. Arthur S. Omens, and H. Cletus Broyles for study and report bids received for the installation of water mains in Lockridge Road and Fordhan Road. S. N.. the committee submitted a ~ritten report, advising that the bid of Ginbert and Gimbert, Incorporated, in the amount of $9,462.30. is the low bid. and recommending that the contract for the project be awarded to the low bidder. In this connection, the City Manager explained that the report of the committee has been delayed pending the recording of deeds for necessary land for street purposes ~in connection with the installation of the ~ater mains and that the deeds have no~ been recorded. Mr. Wheeler moved that Council concur in the recommendation of the com- mittee and offered the following emergency Ordinance: (~14767) AN ORDINANCE accepting the proposal of Cimbert ~ Gimbert. Inc.,~ for installation of ~ater mains in Lockridge Road and Fordham Road: 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 337.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell. Webber. Nheeler, Youn9. and the President. Mr. Anderson .................................. 5. NAYS: None .....................O. (Messrs. Dillard and Pollard absent) UNFINISHED BUSINESS: CITY MANAGER: Council at its last regular meeting having deferred action' on a request of the City Manager that the body adopt a Resolution designating Mr. J. Robert Thomas to act ns City Manager in the absence of the City Manager, Or at his request, the matter was again before Council. 296 On motion of Dr, Coreell, seconded by Mr. Nebber end unanimously adopted, the matter mos carried over until a full membership of Council is present. CONSIUERATION OF CLAIMS: NONE. INTROUUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Ordinance No. 14777. authorizing and directing the granting of n license to the United States of America to Install. operate and maintain un ultra bigh requency remote transmitter facility and necessary control facilities upon a tract of 11.000 square feet located at the Roanoke Municipal Airport. havln! previously been before Council for its first reading, read and laid OVer, was again before the body. Mr. Mheeler offering the following for its seoond readin9 and final adoption: (314777) AN ORDINANCE authorizing and directing the 9ranting of a license to the United States of America to install, operate and maintain an ultra high frequency remote transmitter facility and necessary control facilities upon a tract of 11.000 square feet located at the Roanoke Municipal Airport (Moodrum Field). (For full text of Ordinance, see Ordinance Book No. 25. page 334.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Cornel1. Webber. Mheeler. Young. and the President. Mr. Anderson .............................. 5. NAYS: None .................O. (Messrs. Dillard and Pollard absent) PARKS AND PLAYGROUNDS: Council having previously directed the City Attorney to prepare the proper measure authorizing the City Manager to negotiate uith interested parties for the acquisition of necessary land in connection with the Mill Mountain Spur development, he presented same. In a discussion of the matter, Mr. Young stated that residents in the vicinity of Yelloa Mountain Rand, S. E., are apprehensive ns to the increase in traffic in that area if the present plan is approved, Mr. Young pointing out that it will be virtually impossible to widen Yello~ Mountain Rood to take core of the increased traffic, and moved that the matter be referred back to the City Manager to confer with representatives of the National Park Service with a view of ascer- taining whether or not the National Park Service Hill eliminate the connection of the spur road with Yellow Mountain Road in the proposed plan and provide some other connection which will be accessible without harming a large number of sur- rounding residents. The motion was seconded by Dr~ Cornell and unanimously adopted. MOTIONS AND MISCELLANEOUS BUSINESS: SEWERS AND STORM DRAINS: Mr. Charles E. Conner. 3057 Ferflcliff Avenue. N. W., appeared before Council and complained that the pump In the Ferncliff Avenue Pumping Station broke down again last week. Mr. Conner stating that he Is aware that the city is studying the possibility Of extending e trunk line 297 sewer from the pumping station to the existing trunk line sewer in the vicinity of Court Street, as a permanent measure to relieve the situation, but that this will take tine and the residents of the area need immediate relief, In a discussion of the wa,reft Hr, H. Cie,us Broyles, City Engineer, who was present at the meeting, explained that both the regular pump and the auxiliary pump were out at the same time, but that both pumps have mom been repaired and the ouxllJary pump is standing by. Mr. Conner suggested that a temporary structure be erected adjacent to the pumping station and that the two pumps be hooked up in tandem. Rro Webber suggested that an alarm be Installed in the pumping station which would go off when the mater rises to a certain point, After a further discussion of the matter, Mr. Young moved that the City #anager be instructed to investigate the possibility of installing a pump so that in the event of the failure of one pump to carry the load for any reason when the rises to a certain point the second pump will automatically carry the load as a temporary expediency, The motion mas seconded by Dr. Cornell ond unanimously adopted. BUDGET-ChAMBeR OF COMRERCE-I~DUSTRIES: Mr. W. Bolling Izard. President, Roanoke Cbamber of Commerce. appeared before Council on behalf of the Board of Directors of the Chamber of Commerce and requested that Council contribute to the Chamber a sum of $10.000 to further its efforts to promote industrial development, the spending Of these monies to be subject to the approval of the President of the Chamber of Commerce, the Finance Committee of the Chamber and any person so des- ignated by Council, On motion of Mr, Webber, seconded by Mr. Wheeler and unanimously adopted, the request was referred to the City Attorney for preparation of the proper measure. BUDGEToWATER DEPARTMENT: Dr. Cornell, Chairman of the Carrins Core Improvement Committee, submitted 3 verbal report that it is the unanimous recom- mendation of the committee that a small fishing pier be constructed at Carrins Cove near the picnic area at an estimated cost of approximately Dr. Cornell moved that Council concur in the recommendation of the committee and that the City Attorney be directed to prepare tbe proper measure carrying out said recommendation. The motion mas seconded by Mr. Webber and unanimously adopted. There being no further business, Council adjourned. APPROVED ATTEST: COUNCIL, REGULAR MEETING, Monday, May 14, 1962, The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Runicipal Building, Bonday, May 14o 1962, at 2 p,m,, the regular meeting hour. PRESENT: Messrs. Cornell, Pollard, Webber and Young ...................4. ARSENT: Wessrs. Dillard, Wheeler and the President, Mr. Anderson ......3. OFFICERS PRESENT: Hr. Arthur S. Owens, City Manager, Hr. Randolph Whittle, City Attorney, and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. T. E. Landis, Pastor, Greene Memorial Methodist Church. Mr. Young moved that Mr. Roy Lo Webber act as Chairman of the meeting, The motion was seconded by Mr. Pollard and adopted, Mr. Webber not voting. MINUTES: Copy of the minutes Of the regular meetlng held on Monday, May 7, 1962, having been furnished each membeF of Council, upon motion Of Mr. Pollard, seconded by Br. Young and adopted, the reading was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUBLIC MATTERS: SUBDIVISIONS-STREETS AND ALLEYS: Pursuant to notice of advertisement for bids on paving, curb and gutter, sewer and storm drain on Lockridge Road, S. from Bnrnlelgh Road to a dead end, and on Fordham Road. S. W., south of West Ridge Road, said proposals to be received by the City Clerk until 1:30 p.m., Monday. May 14, 1962, and to be opened at 2:00 p.m., before Council, the City Clerk advised that one bid was received after the deadline. In a discussion of the matter, Mr. Young stated that since the bids have not as yet been opened, he feels it is fair to accept the bid that was received after the deadline, pointing out that this procedure has been followed in past instances. Dr. Cornell expressed the opinion that Council should hold the opening of the bids in abeyance until it can be ascertained whether or not the other'bidders have any objection to the late bid being considered. The City Attorney advising that Council is within its rights to accept the bid in question, Mr. Young moved that Council consider the bid which was received after the deadline. Yhe motion was seconded by Mr. Pollard and unanlmousll adopted. The Chairman, Mr. Webber, then asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or Jf there were any questions about the advertise- ment anyone would like to ask, and no representatives present raising any question, the Chairman instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the following bids: John A. Ball and Com- pany, Incorporated, $24,334°00; H ~ S Construction Company. $26.503o301 and Draper Construction Company, $27,48i.29. 299 On motion or Hr, Young, seconded by Wv, Pollard nnd unanimously adopted, the bids were referred to a committee composed of Yessrs, Charles M, Cornell, Chairman, Arthur $, Omens, H. Cletus Hroyles and Randolph G, Whittle for tabulation, report and recommendation to Council, STREETS AND ALLEYS~ Pursuant to notice oradvertisement for bids on the widening of Wabry Avenue, S, £., from Garden City Boulevard to Yentnor Road, said proposals to he received by the City Clerk until 1:20 p,n** Wonday, Hay 14, 1962, and to be opened at 2:00 p,n,. before Council, the Chairnan asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions labour the advertisement anyone would like to ask, and no representatives present raising any question the Chairman instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the one bid received from the H ~ S Con- struction Company in the amount of On motion of Mr. Young. seconded by Hr. Pollard and unanimously adopted, the bid was referred to a committee composed of Messrs. Charles M. Cornell, Chairman Arthur S. Owens. H. Cletus Broyles and Randolph G. Whittle for study, report and recommendation to Council, ELECTIONS: Pursuant to a Request for ~uotation issued by the PurchasJn9 Agent on the printing of ISO copies of the Voting List consisting of approximately SOO pages, said proposals to be received by the City Clerk until 1:30 p.a., Monday, Way 14, 1962, and to be opened at 2:00 p.m., before Council, the Chairman asked if there was anyone present who did not fully understand the Request for Quotation. if there was anyone present who had been denied the privilege of bidding, or if there any questions about the Request for Quotation anyone would like to ask, and no representatives present raising any question, the Chairman instructed the City Clerk proceed with the opening of the bids, The City Clerk opened and read the following bids: Hammond's Printing and Litho. Works, Incorporated, $11.29 per page; the Stone Printing and Manufacturing Company, $11.60 per page; Roanoke Printing Company, Incorporated, $11.80 per page; and Hammond Corporation. III.H§ per page, The apparent low bidder being Hammond*s Printing and Litho. Works, Incor- porated, in the amount of $11.29 per page, Mr. Young moved that the matter be referred to the City Attorney for preparation of the proper Resolution. The motion seconded by Mr, Pollardand unanimously adopted. PETITIONS AND COMWUNICATIONS: STREETS AHD ALLEYS: A petition of Rt. John E. Thornhlll to vacate. discontinue and close that portion of original Melrose Avenue, H. W;, adjoining Lots 1, 2 and 3. Block 25, Washington Heights, was before Council. In this connection, Mr. W. Conrtney King. Sr., Attorney. representing Mr, Thornhill, appeared before Council and explained the need for vacating the former portion of street, Mr. King requesting that viewers be appointed to study the matter and report thereon. 300 Mr, Young moved that Council concur In the request of Mr, Ring that viewers be appointed end offered the following Resolution: (~1478H) A R£50LUYION providing for the appointment of five freeholders, any three of whom may act, os vlemers in connection mlth the petition of John E. Thornhlll to permanently vacate, discontinue and close that piece or parcel of land in the City of Roanoke, Virginia, embraced in old Melrose Avenue, N, M,, ns shown by the Map of Hashington Heights, and hereinafter more particularly described, (For full text of Resolution, see Resolution. Hook NO, 25, Page 341,) Mr. Young moved the adoption of the Resolution, The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Messrs, Corn*Ilo Pollard, Young and the Chairman, Mr, Webber ....4. NAYS: None ............................................................O, (Messrs. Dillard, Wheeler and the President, Mr. Anderson, absent) Dr. Cornell then moved that the request for the closing of the street be referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded by Rr. Pollard and unanimously adopted. SYREEY LIGHYS: A communication from the Appalachian Po~er Company, trans. mitting a list of street lights installed during the month of April, 1962. was before Council, On motion of Dr. Cornell. seconded by Mr. Young and unanimously adopted. the communication was ordered filed. ZONING: A communica~.ion from Mr, Jack B. Coulter, Attorney, representing Mr. J. Cutchin Hodges, et al., requesting that a portion of a tract of land desig- nated as Official Tax No. 3280101. which portion is located on the west side of Hollins Road, N. E,, adjacent to the Northfield Addition, be rezoned from General Residence District to Light Industrial District, was before Council. Oa motion of Mr. Pollard, seconded by Mr. Young and unanimously adopted, the request for Fez*ming was refer~ed to the City Planning Commission for study, report and recommendation to Council. REPORYS OF OFFICERS: RECREATION DEPARTMENT: Council having referred to the City Manager for investigation, report and recommendation a request of Don and Dickts Drive-In, 1419 Hollins Road, N. E., that it be granted permission to hold teenage hops on its parking lot on Saturday nights between the hours of 8 to 12 during the months of May. June, July and August. he submitted a written report, advising that it appears to him it would be practical to experiment with this request and recommending that it be granted. Dr, Corn*Il moved that Council concur in the recommendation of the City Ranager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Young and unanimously adopted. PLANNING-TRAFFIC: Council having adopted Resolution No, 14638 on Novembel 27, 1961, approving a contract between the City of Roanoke and the Roanoke Valley Regional Planning Commission for the performance of certain services by the Planning Department of the City of Roanoke in consideration of the payment of $11,400 by the Regional Planning Commission, the City Rannger submitted a mritten report, advising that due to the inability of the Planning Department to secure a Community Planner the City of Moanohe bas been unable to perform all Of the services called for under its cbntract mith the Roanohe Valley Regional Planning Commission and recommening that said contract be amended to reduce the payment tn the city by $3,000 so that the Regional Planning Commission will be in a position to use the maney to contract for additional professional services, On motion of Mr, Yonng,'seconded by DF, Cornell and unanimously adopted, the matter nas referred to the City Attorney for preparation of the proper measnre to be considered by the full membership of Council, REPORTS OF C0RMITTEES: NONE, BNFINISBED BUSINESS: NONE. CONSIDERATION~ OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No, 14702, vacating, discontinuing and closing the northern portion of an alley lying between Murray Avenue and Montrose Avenue, S. E., west of Ninth Street, having previously been before Council for its first reading, read and laid over, was again before the body, Ur. Cornell offering the following for its second reading and final adoption: (~14702) AN ORDINANCE vacating, discontinuing and closing a portion of aa unopened and unimproved alley adjacent to and ~est of Lots 25, 26 and 2T, Block 6, Section A. Buena Vista Land Company (property of Belmont Presbyterian Church), and lying east of and adjacent to Lot 13, Block 6, Section A, Buena Vista Land Company (property of Rosa A, Raker), in the City of Roanoke, Virginia, (For fall text of Ordinance, see Ordinance Book No. 25, Page Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Yuan9 and adopted by the fo¥1owin9 Vote: AVES: Messrs. Corneil, Pollard, Young and the Chairman, Mr. Webber ....4. NAYS: None ............................................................O. (Messrs. Dillard, Mheeler and the President, Mr. Anderson. absent) ZONING: Ordinance No. 14763, re~oning property located on the east side Hollins Road. N. E., south of Liberty Road, described as Lots 5 and 6, C. O. Orange gap, 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, gr. Pollard offering the f~llowing for its second reading and final adoption: (~14703) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of R~noke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 25, Page 340.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Corn~ll, Pollard, Young and the Chairman. Mr. gabber .... 4. NA¥SI None .........................~ .................................. (Messrs. Dillard, Wheeler and the President, Mr. Anderson, absent) BUDDET-NATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure authorizing the construction of a small fishing pier at Carvins Cove near the picnic area at an estimated cost of approximately $500, he 301 302 presented sane; mhereepon, Mr, Young offered the following: (=14789) A RF. SOLUTION authorizing the construction or a snell fishing pier near the picnic area at Csrvfns Cove, (For full text or Resolution, see Resolution Boob No, 25, Page 342,) MF, Young moved the adoption of the Resolution, The motion was seconded by Dr, Cornell and adopted by the following vote: AYES: Messrs, Cornell, Pollard, Young and the Chairman, Hr, Webber ....4, NAYS: None .................~ .......................................... O. (Messrt. Dillard. iheeler and the President. Mr. Anderson. absent) BUDGET-CHAMBER OF COHMERCE-I~DUSTRXES: Council having directed the City Attorney to prepare the proper measure providing for a contribution of $10.000 by the City Of Roanoke to the Roanoke Chamber Of Commerce to further its efforts to promote industrial development, on certain terms and conditions, he presented same; whereupon. Ur. Cornell moved that the f,Il,ming Ordinance be placed upon its first reading: (#147gO) AN ORDINANCE donating $10,000. O0 to Roanoke Chamber of Commerce to be ased in the promotion of said Chamber*s industrial development program. RB£REA$, M, Dolling Izard, President of Roanoke Chamber of Commerce, personally appeared before this Council at its regular meeting of May 7th and. on behalf of said Chamber Of Commerce. requested that this Council contribute $10.000.00 to be used by said Chamber of Commerce to further its efforts in pro- noting the industrial development of the City and, as a part of his appeal, read and flied a letter over his signature addressed to all members of Roanoke City Council. bearing date of Ray 4. 1962. which said letter is on file in the office of the City Clerk; and WHEREAS, this Council is of the opinion that such a contribution would prove to be a wise expenditure in its effort to promote the industrial development of this City and, accordingly, concurs in the request. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that $10.000.00 be. and such sum is hereby, appropriated from the General Fund as a contribution to Roanoke Chamber of Commerce to further its efforts, during the cal- endar year 1962. in the promotion of the industrial development of the City of Roanoke; provided that the spending of said fund shall be subject to the approval of the chairman of this Councll*s Industrial Committee and of the president and finance committee of the aforesaid Chamber of Commerce. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornel], Pollard, Young and the Chairman, Mr. Mebber NAYS: None ............................................................O. (Ressrs. Dillard, Mheeler and the President, Mr. Anderson, absent) BUDGET-AIRPORT-STATE HICHNAYS: Council having directed the City Attorney to prepare the proper measure to provide for the grading of a portion of relocated Virginia 5tare Route 626 adjacent to the proposed Interstate 591 Spur. in connection with the proposed extension of Runway 5/23 at the Roanoke Municipal Airport. he presented same; whereupon. Mr. Pollard offered the following Resolution: (m14791) A RESOLUTION granting the Virginia Department of Highmay$ a coastruc'tlon easement through portions of the mast D,,little clear zone at Roanoke Msnlcipal (M,,drum) Airport; requesting said Highway Department to include such grading, as is on City real'estate, in the plans and specifications for the con- struction of proposed Interstate Route 581; and agreeing to refund unto the State the cast of such grading on City property, (For full text of Resolution. see Resolution Book NO. 25, Page 343,) Mr. Pollard moved the adoption Of the Resolution. The notion was seconded by Mr, Young and adopted by the f,Il,win9 vote: AY;q: Messrs, Cornell. Pollard, Young and the Chairman, Mr, Webber ....4. NAYS: None ............................................................O. (Messrs. Dillard, Wheeler and the President, Mr. Anderson, absent) Dr. C,mall then moved that the following Ordinance, appropriatin9 the sum~ of $1,500. be placed upon its first reading: (z14792) AN ORDINANCE to amend and reordain Section z142, 'Yransfer to Improvement Fund.# of the 1962 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section ~142, 'Transfer to Improvement Fund,' of the 1962 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part; TRANSFER TO IMPROVEMENT FUND =142 Virginia State Route 626 ..............,.. ................$ 1,500.00 The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. C,mall, Pollard. Young and the Chairman, Mr. Webber .... 4. NAYS: None ............................................................O, (Messrs. Dillard, Wheeler, and the President, Mr. Anderson, absent) CELEBRATIONS-CITY GOVERNMENT: Dr. C,mall offered the f,Il,ming Resolutioh expressing appreciation to the League of Women Voters for its efforts in sponsorin9 and prom,tin9 the recent 'Municipal Days' Program: (~14793) A RESOLUTION expressing appreciation to the League of Women Voters for its efforts in sponsorin9 and prom,tin9 the recent 'Municipal Days' Program and to the City Manager, the respective department heads and numerous other employees of the City for their contributions to the acknowledged success of the program. (For full text of Resolution, see Resolution O,oh No. 25. Page 344,) Dr. Cornell moved the adoption of the Resolution, The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs, C,mall, Pollard, Young and the Chairman, Mr. Webber .... 4. NAYS: None ............................................................ (Messrs. Dillard, Wheeler and the President, Mr. Anderson. absent) MOTIONS AN~,~ESCELLANEOUS BUSINESS: STREET LIGHIS: The City Manager submitted a verbal recommendation that three additional 2500 lumen incandescent street lights be installed on the newly extended section of the Children*s Zoo Road atop Mill Mountain at locations shown on Drawin9 No. DE-230. 303 304 Dr. Cornell uoved that Council concur in the recomuendetion of the City Manager end thnt · Resolution be adopted authorizing the installation of the three lights. The motion was seconded by Mr, Pollard and lost by .the follouing rote: AYES: Messrs. Cornell, Pollard and Young ....... % ............. 3.. NAYS: The Chairman. Mr. Rubber ............................... 1. (Kessrs Dillard. Wheeler and the President. Mr. Anderson, absent) There being no further business. Council adjourned. APPROVED ATT~T: COUNCIL, REGULAR MEETING, Monday, May 21, 1962, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, May 21, 1962, at 2 p,m** the regular meeting hour, with the President, Mr. Anderson, presiding, PRESENT: Messrs. Cornell, Dillard, Pollard, Mebber, Mheeler, Yonng, and the President, Mr, Anderson .......................... 7, ABSENT: None ..............................O, OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr. James N. lin- canon, Assistant City Attorney, and Mr. J, Robert Thomas, City Auditor, INVOCATION: The meetin9 was opened with a prayer by the Reverend H. V. Langford, Associate Secretary, Virginia Church Temperance Council. MINUTES: Copy of the minutes of the regular meeting held on Monday, May 14, 1962, having been furnished each member of Council, on motion of Mr. Mheeler, seconded by Mr. Young and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. IIEARING OF CITIZENS UPON PUBLIC MATTERS: DEPARTMENT OF PUBLIC ~ORKS: Pursuant to notice Of advertisement for bids for furnishing heating, hauling and applying approximately 175,000 to 200,000 gallons R.C.2 Asphalt; furnishing, heating and filling the Clty*s 400 gallon distributors ~ith approximately 100,000 to 120.000 gallons H.C.2, Type 2, Asphalt; and furnishing, hbating, hauling and applying approximately ~0,000 to 20,000 gallons R.T.9 Tar for the period June 1, 1962, through May 31, 1963, said proposals to be received by the City Clerk until 1:30 p,mo, Monday, May 21, 1962, and to be opened at 2:00 p.m., before Council, Mayor Anderson asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like to ask, and no representatives present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: R.C.2 R.C.2 TYPE 2, R.T.9 ASPHALT ASPHALT TAR Virginia Asphalt Paving Company, Incorporated $. 157 $, 167 $. 30 John A, Hall and Company, Incorporated · 15 .16 .30 S, R. Draper Paving Company, Incorporated o 1560 .1660 .310C Adams Construction Company, Incorporated .1496 .1446 .299~ On motion of Mr. Young, seconded by Mr. Wheeler and unanimously adopted, the bids were referred to a committee composed of Messrs. Benton O. Dillard, Chair- man, H. Cletus Broyles, John L. Wentworth and Bueford B, Thompson for tabulation an~ report to Council. 305 30,6 GARBAGE REMOVAL-DEPARTMENT OF PUBLIC ROBES: Pursuant to notice of adver- tisement for bids for furnishing 2 new 1962 Model 1-1/2 ton conventional type Trucks equipped with Dump Bodies; I neu 1962 Model 3 to 4 ton Cab and Chassis, conventional type, equipped with Dunpster Hoist; I hem 1962 Model 3 to 4 ton Cab and Chassis. conventional type: and I new 1962 Model Street Sue*per, said proposals to be received by the City Clerk until 1:30 p.m.. Monday. May 21. 1962, and to be opened at 2:00 p,m,, before Council, Mayor Anderson asked if there mas anyone present mhd did not fully understand the advertisement, if there mas anyone present who had been denied the privilege of bidding, or If there ~ere any questions about the advertisement anyone would like to ask. and no representatives present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; ~hereupon. the City Clerk opened and read the following bids: TRUCKS. MITB DUMP BODIES Diamond Chevrolet Corporation Shackelford--Cox Truck and Machinery Company Antrim Motors, Incorporated Dickerson GMC, Incorporated Magic City Motor Corporation CAB AND CHASSIS. MITB DURPSTER UOIST Dickerson 6MC. Incorporated (Cobey Itoist) Shackelford-Cox Truck and Machinery Company Antrim Motors. Incorporated Magic City Motor Corporation (Cobey Hoist-RAsh Equipment Company) (Cobey BoAst-Baker Equipment Company) (Dempster Dumpster Doist-Sanco Corporation) Diamond Chevrolet Corporation CAB AND CHASSIS, CONVENTIONAL TYPE Dickerson GMC, Incorporated Shackelford-Cox Truck and Machinery Company Antrtm Motors, Incorporated Magic City Motor Corporation Diamond Chevrolet Corporation STREET SMEEPER Shaffer Equipment and Supply Company RAsh Equipment Company $7.340o00 7,050.00 7,1BO.O0 7,554.40 ?,249.00 $9,421.00 9.232.00 9,330.00 9,122.50 9,158.00 9,210.00 9,350.00 - $ 5,338.71 - 5,402,00 5,560.00 5,395.00 5,410.00 - $ 9,952.00 11,596.00 On motion of Mr. Mheeler, seconded by Mr. Young and unanimously adopted, the bids were referred to a committee composed of Dr. Charles M. Corn*Il. Chairman. Mr. John L. Mentworth and Mr. Arthur S. Owens for tabulation and report to Council. FIRE DEPARTMENT: Pursuant to notice of advertisement for bids for fur- nishing one 750 GPM Tripple Combination Fire Pumper and Body, said proposals to be received by the City Clerk until 1:30 pom., Monday. May 21, 1962, and to be opened at 2:00 p.m.. before Council, Mayor Anderson asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been Idented the privilege of biddin or if there were an uestions about the adve 'itisement' anyone would like to ask. and no representatives present raising iq ' . yor i structed the City Clerk to proceed with the opening of the bids The City Clerk opened and read the following bids: Oran Roanoke Corpor- ation, $9,991.50; Hahn Motors. Incorporated, $9,142.00; and American LaFrance. $9,900.00o On motion of #r. Webber, seconded by Mr, Wheeler Dad unanimously odopted, the bids mere referred to a committee composed of Messrs, Roy R, Pollord, Chairman. John V, Bromn and Arthur 5, Owens for tabulation and report to Council, ZONING: A public hearing having been set for 2 p.m., Monday. May 21, 1962, on the requests of Mr. Morton C, Rosenberg, et al** and Miss Anna Jackson Baker that their properties lying on the south side of Melrose Avenue, N. M** and the west side of Thirty-first Street, N. W.. described as Lots 1, 2 add 3, Block 1, Angell Addition. Official Tax Nos. 2530101, 2530102 and 2530103. be rezoned from General Residence District to Business District, the matter was before Council, At ~he request of Mayor Anderson, the City Clerk read a communication from the City Planning Commission. recommending that the request for retorting be 9ranted. In this connection, Mr. Harvey So Lutins, Attorney. representin9 Mr. Rosen-il berg, et al, and Mr, Richard T, Edwards. Attorney. representing Riss Baker, appeare~ before Council and pointed out that if the property in question is rezoned for business purposes it is planned to construct a department store thereon, which would mean increased revenue for the city and approximately 75 new jobs for the people of Roanoke, the Attorneys presentin9 statements from 12 property owners in the vicinity, approvin9 the proposed rezoning. The City Clerk presented a communication from Mrs, Rarion R. Wills, 733 Thirty-first Street, N, W., objecting to the proposed rezoning on the grounds that it will decrease the value of her property and also will create a traffic hazard on Thirty-first Street, Mrs. Wills askin9 that if the property is rezoned Thirty- first Street be widened to accommodate the increased traffic and that sidewalks be provided on at least one side of the street for pedestrians and school children, i! After a discussion of the matter, the City Manager conceding that streetsl in the vicinity will probably have to be widened to take care of the increase in traffic if the department store is erected on the property requested to be rezoned. Mr. Wheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~14794) 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 to have the properties lying on the south side of Melrose Avenue, N, W** and the west side Of Thirty-first Street, N. W., described as Lots 1. 2 and 3, Block 1, Angell Addition, Official Tax Nos. 2530101, 2530102 and 2530103, rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the hereinafter' 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. lgSb, relating to Zoning, has been published in "The Roanoke World-Ness," a newspaper published in the City of Roanoke, for the time required by said section; and .307 30:8 WHFUEAS. the hearing ns provided for in said notice was held on the 21st day of Ray. 1962. at 2:00 ,*clock. p. m.. before the Council or the City of Roanoke at which hearing all parties in Interest nnd citiaens were given an opportunity to be heard both rot and against the proposed rea,ming; and WflEREAS. this Council. ur*er considering the evidence presented, is of the opinion that the hereinafter described land should be rea.ned. TBERI~FOR£. BE IT ORDAINED by the Council of the City of Roanoke that Titl~ 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 south side of Melrose Avenue. N. W.. and the west side of Thirty-first Street. N. M** described as Lots l. 2 and 3. Block 1. Angell Addition. designated on Sheet 253 of the Zoning Map as Official Tax Nos. 2530101. 2530102 and 2S30103. be.~ and is hereby, changed from General Residence District to HusinessDistFict and the Zoning Map shall be changed in this respect. The motion uss seconded by Mr. Young and adopted by the following vote: AYF~: Messrs. Cornell. Dillard. Pollard. Mebber. ~heeler. Young. and the President. Mr. Anderson ........................... ?. NAYS: None ............................. O. P£YITIOSS AND COMMUNICATIONS: CITIZENS' COMMITTEE: A communication from Mr. B. B. Harden. tenderin9 his resignation as a member of the Citizens' Committee for Greater R,an,he. effective immediately, because of ill health, was before Council. Mr. Dillard moved that the resignation be accepted with regret. The motion was seconded by Mr. ~eeler and unanimously adopted. BUDGET-SCHOOLS: A communication from Mr. Clarence M. Hawkins. Chairman. Roanoke City School Hoard. advising that the additional sum of $80.815.50 was made available to the City of Roanoke by the 1962 Legislature to supplement professional salaries for the remainder of the calendar year, effective July 1, 1962; that the Board has prepared a revised professional salary schedule on the basis of this supplement, and requesting that Council appropriate to the School Hoard these additional state funds for this purpose, was before Council. In this connection, Mr. Hawkins. Dr. £. ~. Rushton. Superintendent of Schools, and Mr. A. F, Fisher, Clerk of the School Board, appeared before Council for a discussion of the matter. In a discussion of the matter, Mr. Hawkins explained that the proposed revised professional salary schedule includes instructional personnel and amounts to average of three and one-half per cent salary increase per person, Mr. Hawkins advising that the request is being made at this time because the School Board is in the process of prepariqg contracts for the next school term. Mr. Dillard pointed out that the allocation by the 1962 Legislature will become available until July 1,1962, and that Council cannot appropriate said funds until they are received. Upon being asked by Hr. Webber us to mhether or not the funds in question could be used for other purposes than sulery increases, Dr, Rushton replied that the money wes appropriated by the 1962 Legislature for the purpose of improving the salary schedules for instructional personnel throughout the state, but that it is his understanding Council can appropriate tbs money for other purposes. After a further discussion of the matter, Mr, Pollard moved that the question be carried over until the next regular meeting of Council and that, in the meantime, the members of Council be furnished with a copy of the proposed revised professional salary schedule for their information, The motion was seconded by Mr, Dillard and unanimously adopted, STREETS AND ALLEYS-WATER DEPARTMENT: A communication from Mrs. Patsy Kelly, 2602 Hancock Street, N, E.. advising that several months ago the Rater Department tore up the street in front of her house and requesting that the portion of street in question be blacktopped, was before Council. On motion of Mr, Young, seconded by Mr, Dillard and unanimously adopted, the request was referred to the City Manager for investigation and report, REPORTS OF OFFICERS: BCDGET-AIRPORT: Council having previously appropriated $4,975.00 for the construction of a canopy over the sidewalk at the Terminal Building at the Roanoke Municipal Airport by the Hartman Construction Company, the City Manager Submitted a written report that certain extra work was necessary to make certain changes in the steel work and minor additions in order to complete the job in a good workman- like manner and recommending that $?9.20 be appropriated in order that the contract may be closed Out. Mr. Webber moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance; (=14795) AN ORDINANCE to amend and reordain Section ~142, *Transfer to Improvement Fund.~ of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 25, Page 345.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote, Mayor Anderson pointing out that he originally voted against the constriction of the canopy, but that since it has nov been completed he will vote for the additional appropriation: AYES: Messrs. Pollard, Webber, Wheeler. Young, and the President. Mr. Anderson ........................................... NAYS: Messrs. Cornell and Dillard ....... BUDGET-POLICE DEPARTMENT: The City Manager submitted a written report, advising that one Of the new police cars was recently damaged in an accident in the amount of $742.23, ~hich damage is covered by insurance, and thot the Diamond Chevrolet Corporation has agreed to accept the damaged car, plus the sum of $742,23 in exchange for a flem police car, the City Manager recommending that the amount be appropriated. 309 310 Mr, Young moved that Council concur In the recommendation of the City Manager end offered the following emergency Ordinence: (#14796) AN ORDINANCE to amend and reordain Section 7144. UDeparimental £quJpment nad Improvement,' of the 1962 Appropriation Ordinance. and providing for an eoergency, (For full text of Ordinance, see Ordinance Dook No, 25, Page 346.) Mr, Young 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, Mheeler, Young, and the President, Mr. Anderson ........................... 7. NAYS: None ............................. O, BRIDGES-STADIUM: The City Manager submitted a written report, pointing out that the late Mr. Herbert A. Davies, former member Of Council, spent much time In attempting to have the project for a footbridge over Roanoke River successfully completed and that he thinks it would be a distinct honor to the memory of this fine gentleman to name the bridge 'The Herbert Davies Wemorial Bridge' and direct the City Wanager to place a plaque thereon. Mr. Webber moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Dillard and unanimously adopted. APPOINTMENTS-pLUMBERS: The City Manager submitted a written report that he has appointed Messrs. J. O. Waddle and R. T. Pittman to serve on the Hoard of Plumber Examiners as required under Section g of the Plumbing Code for a term of five years, effective May 1, 1962. On motion of Mr. Dillard, seconded by Mr. Young and unanimously adopted, the report was ordered filed. STREET LIGHTS: The City Manager submitted a written report, recommending the installation of street lights at the corner of Andrews Road and Leon Street, N. W.: in the 2700 block of Clifton Street. N. W.: and at the corner of Huntington Boulevard and Round Hill Avenue, N. W. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (=14797) 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 346,) Mr. Dillard moved the adoption of the Resolution. The motion was sec.nde, by Mr. Wheeler and adopted by the following vote: AYF~: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ........................... NAYS: None .............................O. EASEMENTS-SEWERS AND STORW DRAINS: Council havin9 adopted Ordinance No. 14732 on February 26, 1962, providing for the acquisition of a certain 0.945 acre strip or parcel of land on the northeast side of Florist Road, in Roanoke County, in fee simple, for public sewer and storm drain purposes, the City Manager submittec a mrltten report, advising that he has been informed by the Assistant City Attorney that on May 3, 1962, the Court appointed commissioners in the City*s condemnation case made their report to the Court awarding the property omners a total of $2,750; that the report is non pending in the Court, awaiting the City*s action on itl that he bas been advised by the City Auditor that the full amount of the amard mill need to be appropriated should the City go through with its acquisition of the land in the pending condemnation proceeding, the City Hanager recommending that Council adopt an Ordinance whereby it would agree to be bound by the award made by the commissioners. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (x14798) AN ORDINANCE providing for the acquisition of a 0.945 acre parcel of land on the northeast side of Florist Road in Roanoke County. in fee simple, for certain public purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 25. Page 347.) Mr. Dillard moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Hheeler and adopted by the following vote: AYES: gessrs. Cornell, Dillard. Pollard. Hebber. Hheeler. Young. and the President. Hr. Anderson ........................... T. NAYS: None .............................O. It appearing that $1,600 has already been appropriated for the acquisition of the land. gr. ~ebber offered the following emergency Ordinance appropriating $1,150~ (~14799) AN ORDINANCE to amend and reordain Section ~141, "Sewer and Drain Construction," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, Page 340o) Mr. Hebber moved the adoption of the Ordinance. The motion was seconded by Hr. Hheeler and adopted by the following vote: AYES: Hessrso Cornell, Dillard, Pollard, Hebber, Hheeler. Young. and the President. Mr. Anderson ........................... 7. NAYS: None .............................O, TRAFFIC: The City Nanager submitted the following report with reference to a traffic and parking survey made for the City of Roanoke: "Roanoke, Virginia Nay 21, 1962 To the City Council Roanoke, Virginia Nembers of Council: On May 9, 1960, the Council of the Oity of Roanoke adopted Ordinance No, 1404~, in which the City agreed to pay one-fourth or $14~000, of the cost of a survey which included: 1. a- A study of existing traffic conditions within the City of Roanoke. b-A parking survey of the Roanoke Central Business District. 312 2. A comprehensive origin nad destination survey to include not only the City of Roanoke but the entire Roonohe Volley Region. I am in receipt of the first port of thio survey, ehich I am presenting to you today ns official record. It is my recommendation to City Council that public hearings be held as soon as practical to decide hoe much of this program should be placed into effect as soon as possible. Respectfully submitted, s/Arthur S. Owens City Manager" Mr. Webber moved that a public hearing on the matter he held at ?:30 p.m** June 5, 1962, and that the City Attorney be instructed to prepare proper notice of said hearing for publication by the City Clerh. The motion was seconded by Mr. Dillard and unanimously adopted. BUDGET-STATE tlIORRAYS: The City Manager submitted a written report, transmitting Progress Rill No. I from the Virginia Department of Highways in the amount of $14,093.10, covering the city's share of the cost of widening Peters Creek Road, No W. (Route 117), between Melrose Avenue and Bershberger Road, to date, and recommending that this amount be appropriated. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=14800) AN ORDINANCE to amend and reordain Section =140, "Street Con- struction," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, Page 348°) 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, Rheeler, Young, and the President, Mr. Anderson ........................... NAYS: None .............................O, AIRPORT: Council having awarded a contract to the Cross Electric Company for construction of high intensity lighting installation for Runway 15-33 at the Roanoke Municipal Airport. in the amount of $19,130.48, the City Manager submitted a written report, advising that it was necessary to have additional work accom- plished which was not included in the contract in order to complete it satisfac- torily and recommending that $324.67 be appropriated to cover this extra work. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=14801) AN ORDINANCE to amend and reordain Section n144, "Departmental Equipment and Improvements," of the 1962 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 25, Page 349.) Mr. Pollard moved the adoption Of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AVES: Messrs. Cornell, Dillard, Pollard. Webber, Wheeler, Young, and the President, Mr. Anderson ........................... 7. NAYS: None ............................. O. AIRPORT-STATE HIGHMAYS: The City Manager submitted a written report. transmitting un offer of the Virginia Department of flighways in the sum of $6.940 for land easement end any end ell damages la connection with right of way for Interstate 581 across the west clear zo,e for Runway 5-23 at the Roanoke Municipal Airport. the City Manager verbally recommending that the offer be accepted. Mr. Hebber moved that Council concur in the recommendation of the City Hanager and that the matter be referred to the City Attorney for preparation of theji proper measure. The motion was seconded by Hr. Dillard and unanimously adopted. Ii STATE HIGHMAYS-PARRS AND PLAYGROUNDS: Council at its meeting of Hey 7. Ii 1962. having referred back to the City Manager a proposed Resolution. generally Ii endorsin9 the over-all proposal for the proposed Spur road to connect the Rlue il Ridge Parkway and the park atop Mill Hountain and the recreational and camping facilities constituting a part of the project, with instructions that the City Manager confer with representatives of the National Park Service with n view of ascertaining whether or not the National Park Service will eliminate the connection~ of the Spur road with Yellow Mountain Road in the proposed plan and provide some other connection ~hich will be accessible without harming a large number of surrounding residents, he submitted a written report, together with the following communication from the City Engineer: "INT~RD~PARTJ~NT COMMUNICATION DATE: May 17, 1962 TO: Mr. Arthur S. Owens. City Manager FROM: Mr, H, Cletus Broyles. City Engineer City Council at its regular meeting of May T, 1962, referred back to you the question of additional stndies in connection with the Rill Mountain Spur and the suggestion of eliminating an interchange with Yellow Mountain Road. AS you know, this office has prepared a preliminary plan showing a proposed new road that will connect with the Mill Mountain Spur at what is referred to as the *Saddle of Mill Mountain* (located approximately 1,500 feet south of the Childrens* Zoo). The proposed new road will generally follow the contour of Mill Mountain swinging around to the east and north of the mountain and tying in to Walnut Avenue at Sylvan Road, This point is actually the beginning of the old road leading to the top of Mill Mountain. The proposed new road is 8,000 feet Ion9 and can be constructed on a grade of between 5% and 6% with a maximum degree of curvature of 15° and will be so designed to handle traffic at speeds of 35 miles per hour. Tho present grade on the exist- ing road up Mill Mountain ranges between 9% to 12% and, of course, there are several ancute curves which make it impossible to handle bus traffic. There is also a bridge located on the existing road which has a vertical clearance of slightly over 10 feet which limits loads that can be hauled to the top of the mountain. In the conference which was held in your office on May 15, 1962, between the City of Roanoke officials and officials of the National Park Service, we were happy to learn that those present were in general agreement with the proposed changes, namely, elimination of the interchange at Yellow Mountain Road and the proposed new road described above, and Mr. WaRms expressed his willingness to recommend to the National Park Service that Federal participation on the Spur be extended to the *Saddle of Mill Mountainm (a parcel approximately 1,500 feet south of the Zoo) including the connection with the proposed new road. If this extension is approved, it is assumed that the right of way of same would also be acquired in the same manner as other right of way along that portion to be constructed by the Blue Ridge Parkway. It is suggested that the following be included in the new proposed resolution to be passed by City Council: 313 1, Plan ~oo PR¥-*BR, YM-3050, dated March 20, 1962, prepared by the Division of Design and Construction of the Rational Park Service he approved, except that the interchange connection at Yellom Mountain Road be eliminated and that a simple grade separation structure be constructed Instead, 2. That City Engineer Plan Ro. 4716-A, dated May 11, 1962, entitled. 'Map Shaming Proposed Blue Ridge Parkmay Spur from Yellom Mountain Road to Top of Rill Mountain and Proposed Access Road to Daunt*mn Roanoke via Malnut Avenue," be approved, 3. That the City Manager he authorized to have appraisals made and to begin negotiation for the approximately 143 acres of land that mill be required to provide right of way for the neu access road together mith additional land for park purposes 4, Authorize appraisal and negotiation on approximately 9.5 acres owned by Joe B. Iludgins and Mary Hudgins Pace for additional park land. 5, That official request be made to the Rational Park Service to extend the Blue Ridge Parkmay Spur to the 'Saddle of Mill Mountain", a point located approximately !,$00 feet south of the Childrens* Zoo, including the interchange connection with the new proposed access road to Downtown Roanoke. 6. Authorize the Department of Public Works to commence clearing and grading of that portion of the Spur located on land omaed by the City using available City equipment and, also, authorize clearing and gradlng of the access road to Downtown Roanoke as such land is acquired by the city. This matter was presented to the Roanoke City Planning Commission at its regular meeting on Wednesday, May 16, 1962; the Planning Commission enthusiastically approved the nam alternate plan and 1 feel that their report to Council will embrace about the same recommendations as are Jnnumerated herein. s/Il. Cletus Broyles City Engineer APPROVED John L. ~entworth Director of Public Marks' In this connection, the City Clerk presented a communication from the City Planning Commission. approving the revised plan. After a discussion of the matter, Mr. Young voicing the opinion that since no cost estimate is available for the grading of the connecting 5par road and the proposed access road to downtown Roanoke such grading should be subject to the approval of Co,!~cil, Mr. Wheeler offered the foil*ming Resolution: (~14002) A RESOLUTION generally endorsing, with the exception herein noted, the over-all proposal as ah*mn on Drawing Ro. PKY-SR-YM-3050 prepared by the National Park Service and approved by its director and. also, Map No, 4716-A pre- pared by the City's Engineering Department, for the proposed spur road to connect the Blue Ridge Parkway and the City*s park atop Mill Mountain and the recreational and camping facilities constitutin9 a part of the project; approving the proposed location of the Mill Mountain Spur within the City; authorizing the City Manager to negotiate with the requisite State and Federal departments and agencies with refer- to securing all of the land necessary for the construction of the aforesaid connecting spur road and recreational and camping facilities; authorizing the City Manager to have appraisals made and to endeavor to obtain options for the tracts of approximately 143 and 9.5 acres, respectively, as ah*mn on the aforesaid Map No. 4716-A; that official request be made to the National Park Service to extend the Blue Ridge Parkway Spur to the *Saddle of Mill Mountain', a point located approxi- mately 4,000 feet mithin the City and, also, to include therein the requisite interchange connection with the new proposed access road to downtown Roanoke; authorizing, upon approval by the Council, the immediate grading of the aforesaid connecting spur road and, also, the hem proposed access road to domntomn Roanoke by the Department of Public Murks, through the use of City equipment, on land presently omned by the City and on other acreage mithln the Citye over ubJch it is the City*s obligation to construct said roads, as such additional land is acquired, by the City, for the project; authorizing the City Manager to solicit the co- operation of the National Park Service in the planning of the future development of the City*s public park atop Mill Mountain; and directing the City Manager to make periodic progress reports to this Council. (For full text of Resolution. see Resolution Book NO. 25, Page 349.) Rt. Rheeler moved the adoption of the Resolution. The motion Mas secocde by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Rheeler, Young; and the! NAYS: None .............................O, Attorney be directed to prepare a Resolution authorizing the City Manager to ascertain if funds are available under the Open Land Act whereby the City of Roanoke can acquire the approximately 143 acres of land that will be required to provide right of way for the new access road, together with additional land for park purposes, referred to in Resolution No. 14802. The motion mas seconded by Mr. il Mheeler and unanimously adopted. SERERS AND STORM DRAINS: Council at its meetin9 of Ray 7, 1962, having instructed the City Manager to investigate the possibility of installing a pump adjacent to the Ferncliff Avenue Pumping Station and combining the two pumps in tandem operation, as a temporary measure, pending the construction of a trunk line sewer from the Ferncliff Avenue Pumping Station to the existing trunk line sewer in the vicinity of Court Street, he submitted the folIo~in9 report: "Roanoke, ¥irginia May 21, 1962 To the City Council Roanoke. Virginia Members of Council: At our regular meeting on Monday, March 26, 1962, you referred to me a complaint of Mr. L. P. Scales, Jr., 3047 Ferncliff Avenue, N. M,, concerning water and sewage in his basement caused by the overloading of the Ferncliff Pumping Station at the rear of his home. Since that time you have had additional complaints with reference to some relief of the situation. Realizing that Council was interested in relieving the situation as much as possible, I have initiated necessary procedures for the con- struction of an additional shelter and combining the two pumps and tandem operations, which I estimate Mould cost $1000 to accomplish. I recommend that you make this appro- priation. I am attaching a copy of a letter dated May 9, 1962, to Mr. A. H. Paessler, in which I have requested funds for the construction of a 15 inch sewer line from the north of lOth Street near Court Street to the Ferncliff Pumping Station, at a cost of $60,000, which I am requesting under Public LaM 8?-88, $18.000 or 30 percent. :315 '316 I bare contacted the rive affected property ouaers ukose lineal footage along Lick Run is 9580 or a distance of 9640 feet and rind the 1. The Williae Watts Estate, Do not reel any need for the sewer and are not interested in participating. 2, P, C, Duff Estate, WV. John GAFF, representing this estate, advises that they eight be interested In some contribution after they hnou the cost, 3. Roy and Phyllis Giles, transferred to Frunh Payee and others, Do funds available for any contribution. 4, L, G. and Ethel French. Not interested In any contribution. $. Lee and Clara Dartman and Dartnan Land Corporation, May be interested in participating, if cost is reasonable. It would appear to me that the ultimate solving of this problem is the installation of a sanitary interceptor sewer line and the City recapture a portion of its cost as follows: 1. Assistance through the Federal Act Public Law 2. Property owners contributions, if possible, or Requiring persons, corporation, etc., who are attached to this line to pay their proportionate part of the cost in relation to the acreage drained. Respectfully submitted, s/Arthur S. Owens City Manager" MF. Dillard moved that Council concur in the recommendation of the Gity Uanager concerning the appropriation Of ~1,000 and offered the following emergency Ordinance: (~14803) AN ORDINANCE to amend and reordain Section ~141, WSewer and Drain Construction," of the lg62 AppFOpriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, Page 352.) Mr. Dillard 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 .............................Oo Mr. Webber then moved that the City Attorney be directed to prepare the proper Resolution requestin9 federal funds under Public Law 87-8D to partially defray the cost of constructing a sanitary interceptor sewer line from the Fernclift Avenue Pumping Station to the existing trunk line se~er in the vicinity of Court Street at an estimated cost of Sbo,ooo. The motion was seconded by Mr. Mheeler and unanimously adopted. CITY AUDITOR: The City Auditor submitted a monthly statement or the receipts and disbursements of the City of Roanoke for the fiscal period commencin9 April 1, 1962, and ended April 30. 1962. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the report was ordered filed. ZONING: Cooscil having previously referred to the City Planning Com- mission rot study, report and recommendation a request of Messrs. Kostas and George J. Chrlstorls that property located on the northeast corner of Rise Avenue and Fourteenth Street, So E,, described as Lots I and 2, Castle Corporation, Official Tax Nos. 4210109 and 4210110, be rezooed from General Residence District to Rusinesi District, the City Planning Commission submitted a written report, advising that the Planning Commission recognizes the fact that the establishment on this property bas been Jn this location for many years and has constituted a non-conforming use in a residential zone; however, the property is located on the border line between a Light Industrial District and a Residential District and, because of its location and nature Of development, does not suggest future residential development, conse- quently, the Commission has concluded that the existing use is more compatible uitb'= the adjacent uses of light industry and transportation and that the Light Industria~i zone should be extended to include the property in question, the Commission recom- mending that the property be rezoned from General Residence District to Light Industrial District. Mr. Wheeler moved that a public hearing on the matter be held at 2 p.m., June 10, 1962. The motion mas seconded by Mr. Pollard and unanimously adopted. REPORTS DF CORWlYTEES: STREETS AND ALLEYS: Council having referred the bid of the H ~ b Con- struction Company on the widening of #abry Avenue, S. E., from Garden City Boulevard to Ventnor Road. to a committee composed Of Dr. Charles W. Cornell, Chairman, Mr. Arthur S. Owens, Mr. R. Cletus Broyles and Mr. Randolph G. Whittle for study, report and recommendation, the committee submitted a .ritten report, advising that the one bid submitted in the amount of $0,094055 is in order and is in beeping with the city*s estimate, the committee recommending that the contract be awarded to the H E S Con~truction Company and that the sum of $B,111.55 be appropriatedto cover the contract, plus $17.00 advertising cost. Mr. Wheeler moved that Council concur in the recommendation of the com- mittee and offered the folloming emergency Ordinance accepting the proposal of the H ~ $ Construction Company: (~14D04) AN ORDINANCE accepting the proposal of fl ~ S Construction Company for widening of Wabry Avenue; authorizing the proper City officials to execute the requisite contract; and providing for 3n emergency. (For fall text of Ordinance, see Ordinance.Book No. 25, Page 353.) Mr. Wheeler moved the adoption of the Ordinance. The motion nas seconded by Hr. Dillard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ........................... NAYS: None .............................O. Mr. Young then offered the following emergency Ordinance appropriating the sum of $8,111.55: 317 3~8 (e14805) AN ORDINANCE to amend and r,ordain Section al40. "Street Construction.u of the 1962 Appropriation Ordinance. and providing for un emergency. (For full text of Ordinance. see Ordinance nook Ho. 25. Page 354.) Hr. Young moved the adoption of the Ordinance. The motion mas seconded by Hr. Rheeler and adopted by the rolloming vote: AYES: '#essrs. Corn, Il. Dillard. Pollard. Robber. Wheeler. Young. and the President. Hr. Anderson ........................... ?. HAYS: Hone ............................. On SUBDIVISIONS-STREETS AND ALLEYS: Council having previously referred bids for paving, curb and gutter, sewer and storm drain on Lockrldge Road, S. W., from Burnleigh Road to a dead end, and on Fordham Road, S. R.~ south of West Ridge Road to a committee composed of Dr. Charles M. Corn,Il. Chairman. Mr. Arthur S. O~ens. Rr. Il. Cletus Broyles and Mr. Randolph G. hhittle for tabulation~ report and recommendation, the committee submitted a written report, advising that the bid was submitted by John A. Hall and Company, Incorporated, in the amount of $24,334.00; that this brings the over-all cost for improvements in Chapel Forest #2 Subdivision to conform with the requirements of the city*s Subdivision Ordinanc~ to $41.150.00, which is $4.450.00 more than the $26,?00.00 received from the bonding company for said improvements, the committee recommending that if Council is inclined to complete the work in this subdivision a contract be awarded to John A. tlall and Company. lncorporate~, in the amount of $24.334.00. Aft. Fa discussion of the matter, the Assistant City Attorney indicating that the legal department will pursue the matter of obtaining the amount of $4,450.00 from the subdivider, Mr. Wheeler offered the following emergency Ordinanc* accepting the proposal of John A. Hall and Company, Incorporated: (~14806) AN ORDINANCE accepting the proposal of John A. Hall 6 Company. Incorporated, for certain street improvements on Lockridge Road and Fordham Road; authorizing the proper City officials to execute tho requisite contract; rejectin9 all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 25, Page 354.) Mr. Nheeler moved the adoption of the Ordinance. Yhe 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 ........................... ?o NAYS: None ............................. O. Mr. Young then offered the following emergency Ordinance appropriating $4,468.80, including $16.00 advertising cost: (~14807) AN ORDINANCE to amend and reordain 5action ~142, mTrausfer to Improvement Fund.~ of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Dook No. 25. Page 355.) Mr. Young moved the adoption of the Ordinance. The notion was seconded by Dr. Cornell and adopted by the follouJng vote: AYFq: Messrs, Cornell, Dillard, Pollard, Mebber, Mheeler, Young, and the President. Mr. Anderson ........................... ?. MAYS: M, ne ............................. O. UNFINISHED BUSINESS: CITY MANAGER: Council having previously deferred action on a Resolution designating and authorizing Mr. J. Robert Thomas to act as City Manager in the absence or incapacity Of the City Manager. the matter was again before the body; whereupon. Mr. Young offered the following Resolution: (~14008) A RESOLUTION designating and authorizing Jo Robert Thomas to act as City Manager in the absence or incapacity of the City Manager. (For full text of Resolution. see Resolution Book Mo. 25. Page 356.) Mr. Young moved the adoption Of the Resolution~ The motion was seconded by Mr. Mheeler. Dr. Corn,Il offered a substitute motion that the name Of John L. M, nV- worth be substituted for J. Robert Thomas in the Resolution. The motion was seconded by Mr. Dillard and lost by the following vote. various members of Council stating that it is their understanding Mr. Wentworth is not interested in serving as Acting City ManoR,F: AYES: Messrs. Corn,Il and Dillard ....................................2. NAYS: Messrs. Pollard, Webber, Wheeler. Young, and the President, Mr. Anderson ........................................................................ 5. The motion of Mr. Young for the adoption of Resolution No. 14008 was then adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber. Wheeler. Young. and President. Mr. Anderson ........................... MAYS: M,ne .............................O. BUDGET-CITY SERGEANT: Council having previously deferred action on the request of Mr. Remit E. Allman. City Sergeant. to the Compensation Board. for authority to employ a Deputy Sergeant-Jailor at a salary Of $4.000.00 per annum. a Deputy Sergeant-Steward and Food Service Supervisor at a salary of $4.0D0.00 per annum, and a part-time Matron at the rate of $1.50 per hour, effective July 1. 1962. the matter Has again before the body. In this connection. Mr. Allman appeared before Council and explained the need for the additional personnel. Mr. Webber moved that Council concur in the request of the City Serge,ut and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Pollard and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-CRAMBER OF COMMERCE-INDUSTRIES: Ordinance No. 14?gO donating $10.000.00 to the Roanoke Chamber of Commerce to be used in promotion of said 31'9" 320 Cbnoberes industrial development program, hating previously been before Council for its first reading, rend and laid over. mas again before the body. Mr. Wheeler offering the following for Its second reading and final nd,pti,n: (Xl4?gO) AN OROINANCE dorm,lng $10.000 to Roan,he Chamber of Commerce to be used in the promotion of said Chamber's industrial developsent program. (For full text of Ordinance. see Ordinance ,.oh No. 25. Page 344.) Mr. Wheeler moved the adoption of the Ordinance. The motion Was seconded by DF. Cornell and adopted by the following vote: AVES: Ressrs. Cornell. Dillard. Pollard. Webber. Wheeler. Young. and the President, Hr. Anderson ........................... NAY5: None .............................OD BUDGET-AIRPORT-STATE HIGHWAYS: Ordinance No. 14792. appropriating $1,500,00 to cover the estimated cost of gradin9 a portion of relocated Virginia State Route 626 adjacent to the proposed Interstate 581 Spur, 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: (#14792) AN ORDINANCE to amend nnd reordain Section ~142t 'Transfer to Improvement Fund,~ of the 1962 Appropriation Ordinance. (For fall text of Ordinance. see Ordinance Book No. 25. Page 345,) Rt. 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, Nheeler, Young, and the President. Mr. Anderson ........................... NAYS: None .............................O. BUDGET-WATER DEPARTMENY: Dr, Cornell offered the following emergency Ordinance appropriating $500.00 in connection with the construction of a small fishing pier at Carvins Cove near the picnic area: (=14§09) AN ORDINANCE to amend and reordain Section a144, ~Departmental Equipment and Improvements,~ of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 25. Page 356.) Dr. Cornell 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 President, Hr. Anderson ........................... ?. NAYS: None .............................O. RECREATION DEPAR?MENT: Council having directed the City Attorney to prepare the proper measure granting Don and Dick's Drive-In, 1419 Hollins Road, N. ED, permission to hold teenage hops on its parking lot on Saturday nights during the months of Ray, June. July and August. he presented same. Council being of the opinion that the dances should be held between the hours of 7:30 p.m., to 11:30 p.m., instead of from 8 p.m.. to 12 midnight, as originally requested, Mr. Webber moved that the proposed Resolution be amended accordingly. The motion was seconded by Dr. Cornell and unanimously adopted. Hr. Rubber then offered the following Resolution: (a14810) A RESOLUTION authorizing Don and Dick°s Drive-In to hold teenage hops on its parking lot at 1419 Bolling Road. N. R** on Saturday evenings on a experimental basis. (For fall text of Resolution. see Resolution Book No. 25. Page 357.) Hr. Mebber moved the adoption of the Resolution. The motion was seconded by Dr. Corn, Il and adopted by the f,Il,mia9 vote: AYES: RessFs. Corn.liD Dillard. Pollard. Webber. Mheeler. Young. and the President, Mr, Anderson ........................... 7, ~AYS: None .............................O, ELECTIONS: Council having directed the City Attorney to prepare the proper Resolution accepting the proposal of Ilammond*s Printing ~ Lltho. Mor~s, Incorporated. on printing 150 copies of the Voting List in the amount of $11.29 per page, he presented same; whereupon, Mr. Dillard offered the following Resolution: (a14911) A RESOLUTION accepting the bid of Ramaond*s Printing ~ Litho, Murks, Incorporated, for printing the City of Roanoke Voting List. (For full text of Resolution, see Resolution Book No. 25, Page 35§.) Mr. Dillard moved the adoption of the Res*lotion. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, ~ebber, ~heeler. Young, and the President, Mr. Anderson ........................... ?. NAYS: None .............................O. PLANNING-TRAFFIC: Council having directed the City Attorney to prepare the proper measure amending the contract between the City of Roanoke and the Roanok Valley Regional Planning Commission to reduce the payment to the city by he presented same; whereupon, Dr. Cornell offered the following Resolution: (a14612) A RESOLUTION conditionally amending the agreement of November 29, 1961, between the City of Roanoke and the Roanoke Valley Regional Planning Commission. (For full text of Resolution, see Resolution Book No. 25, Page 358.) Dr, Cornell moved the adoption Of the Resolution. The motion was seconded by Hr. Wheeler and adopted by the following vote: AVES: Messrs. Cornell, Dillard, Pollard, Mebber, Wheeler, Young, and the President, Mr. Anderson ........................... 7o NAYS: None .............................0. MOTIONS AND MISCELLANEOUS BUSINESS: STREET LIGHTS: Council at its last regular meeting, having considered a Resolution authorizing the installation of three 2500 lumen overhead incandescent street lights on the nemly extended section of the Children's Zoo Road atop Mill Mountain and the Resolution having failed to receive sufficient votes for its passage, Dr, Cornell moved that the matter be reconsidered and offered the full*win Resolution: :.322 (o14813) A RESOLUTION authorizing the installation of three 2509 lumen overhead incandescent street lights on the nemly extended section of the Chlldren*s Zoo Road atop Rill mountain in accordance with AP Draming No. DE-230. (For fail text of Resolution. see Resolution Book No. 2S. Page 359.) Dr. Cornell moved the adoption of the Resolution. The motion mas sec,nde( by WV. Pollard and adopted by the f,Il,ming vo~e: AYES: messrs. Cornell. Dillard. Pollard. Webber. Wheeler. Young. and the President. Mr. Anderson ........................... 70 NAYS: None ............................. O, SIGNS: Mr, Dillard brought to the attention of Council and moved that the City Attorney be directed to prepare an amendment to the Sign Ordinance whereby permits for the installation of banners across city streets can be issued by the Commissioner of Buildings upon application therefor. In a discussion of the matter, members of Council indicated that there is an element of discretion involved In granting permits for banners and that they feel the use of this discretion should be reserved for Council. Rt. Dillard commented that he is not in favor of grantin9 any permits for the installation of banners across city streets and mithdrew his motion. CITIZENS* COMMIYTEE-SYAD1UM ADVISORY COMMITTEE: Attention mas called to vacancies on the Citizens' Committee for Greater Roanoke due to the death of Mr. Elmore D. Helms and Mr. II. L. Lawson. Jr., and on the Stadium Advisory Committee for a term ending December 31, 1963, due to the death of Mr. Lawson. Mr. Webber moved that the matter be carried over until the next regular meeting of Council. The notion was seconded by Mr. Dillard and unanimously adopted MUNICIPAL COURT: Mayor Anderson called attention to the fact that there is a vacancy for a Judge of the Municipal Court to fill an unexpired term ending September 30, 1962, and called for nominations. Dr. Cornell placed in nomination the name of Mr. George B. Dillard. Mr. Rebber moved that the nominations be closed. The motion was seconded by Mr. Wheeler and unanimously adopted. Mr. George 6. Dillard sas elected as a Judge of the Municipal Court to fill an unexpired term ending September 30, 1962, by the following vote: FOR MR. DILLARD: Messrs. Cornell, Pollard, Webber. Wheeler, Young, and the President, Mr. Anderson ........................ 6. NOT VOTING: Mr. Dillard ..................1. There being no further business. Council adjourned. APPROVED AYYEST: COUNCIL, BECULAR MEETINC, Ronduy, May 26, 1962. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, Nay 28, 1962, at 2 p,m** the regular meeting hour, with the President, Mr. Anderson, presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Nebber, Wheeler, Young, and the President, Mr. Anderson .......................... 7, ABSENT: None ..............................O. OFFICERS pRESENT: Mr. Arthur So Owens, City Manager, Mr, James N. Kin- canon, Assistant City Attorney, and Mr, J, Robert Thomas. City Auditor, INVOCATION: The meeting was opened with a prayer by the Reverend Andrem A. Lazaridis, Pastor, Holy Trinity Creek Orthodox Church, MINUTES: Copy of the minutes of the regular meeting held on Monday, May El, 1962, having been furnished each member of Council, on motion of Mr, Pollard, seconded by DF. Corn,Il and unanimously adopted, the reading was dispensed with and the minutes approved as recorded, BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE, PETITIONS AND COMMUNICATIONS: SEMERS AND STORM DRAINS: A communication from Mr. and Mrs. W. J. Adams, Jr** 1725 North Avenue, N. E., advising that they have recently built a new home and that since there is no sewer line available to serve the property they are using Outside toilets, that the Building Commissioner has informed them they will have to put in a septic tank or vacate their home by June 15, 1962, and inasmuch as the existing s,Mar line is approximately eighty feet from their property they Mould like for the city to extend the line for this distance, was before Council, On motion of Mr, Webber, seconded by Mr, Pollard and unanimously adopted, the matter was referred to the City Manager for investigation and report to Council ZONING: A communication from Mr. T. L. Plunkett, Jr** Attorney, repre- senting Mr. W, Price Fields, requesting that property located on the east side of Orambleton Avenue, S. M., south Of Brandon Avenue, described as part of Lots 5 and 6, Block 1, Oak Hill. Official Tax Nos, 1260105 and 1260106, be rezoned from General Residence District to Special Residence District, was before Council. On motion of Mr. Pollard, seconded by Dr. Corn, Il and unanimously adopted,i the request was referred to the City Planning Commission for study, report and recommendation. REPORTS OF OFFICERS: AIRPORT: The City Manager submitted a written report, together with a proposed plan for operation of the parking lot at the Roanoke Municipal Airport by the highest bidder for a period of three years and an alternate plan for operation of the parking lot by the city, and recommended that he be authorized to secure bids for the operation of the lot. 323 324 In a discussion of the matter. Mr. Mebber suggested that each bidder be nllneed to. submit an alternate proposal incorporating his ,mn terms and conditions. Mr. Dillard stated that he is opposed to charging any fee at all for use of the perhing lot. but that Jf this is to be done the perking lot should be operated by.personnel at the Airport or parking meters should be Installed. Dr. Corn, Il objected to allowing {he bidders to submit alternate proposal~ on the grounds that it might tend to create u,re costly terms and. conditions. stating that he has no objections to advertising for bids on the basis of the plan submitted by the City Manager. After a further discussion of the matter. Mr. Pollard moved that the City Attorney be directed to prepare the proper measure authorizing the City Manager to advertise for bids for the operation of the parking lot at the Roanoke Municipal Airport for a period of three years beginning July 1. 1962. on the basis of the plan submitted by the City Manager, with the privilege of submitting an alternate bid. The motion was seconded by Mr. Mehber and adopted, MessFs. Corn. il and Dillard voting no. STATE IIIGHMAYS: The City Manager submitted a written report, recommendin~ that Council adopt an Ordinance authorizing him to execute, for and on behalf of the City of Roanoke, an agreement between the Virginia Department of Itighways and t~e City of Roanoke, stipulating the valuation of the 1.05 acres, more OF less, formerly constituting the city*s free burial ground on city-owned real estate o the northwest corner of Second Street and Hart Avenue, N. E., and other city-owned real estate in the immediate vicinity thereof, in connection mith the Interstate 581 Spur. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~14814) AN ORDINANCE authorizing the City Manager to execute, for and on behalf of the City of Roanoke, an agreement stipulating the valuation of the 1.O5 acres, more or less, formerly constituting the City's free burial ground on City-owned real estate on the northwest corner of 2nd Street and Hart Avenue, fl. and other City-owned real estate in the immediate vicinity thereof. WH£R£AS. the Commonwealth of Virginia, Department of Highways, has caused to be prepared and executed an agreement, bearing date the 30th day of March, 1962, between said Commonwealth and the City, stipulating the value Of the 1.05 acres, more OF less, heretofore constituting the Cityts free burial ground on City-owned real estate on the northwest corner of 2nd Street and Hart Avenue, N. E., and other City-owned real estate in the immediate vicinity thereof, to be ~30,000.00; the contents of which said agreement are satisfactory to the City Manager and the form thereof is satisfactory to the City Attorney; and 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 and directedo for and on behalf of the City of Roanoke, to execute that certain agreement this day exhibited before this Council between the Cowmonwealth of Virginia and the City of Roanoke, a copy of which is on file in the office of the City Clerk, pursuant to mhich, awong other things, it is stipulated and agreed that the value of the I.OS acres, more or less, heretofore constituting the City*s free burial ground on City-owned real estate on the northwest corner of 2nd Street and Hart Avenue, N. Co, and other City-owned real estate in the immediate vicinity thereof, is $30,000.00. 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, BUDGET-AIRPORT: The City Manager submitted a written report, trans- mitting a request of the Manager of the Airport that he be authorized to employ a Secretary and an Equipment Mechanic and recommending that Council concur in the request. In this connection, Mr. Marshall L. iiarris, Manager of the Airport, appeared before Council and explained that due to the many development programs now being conducted at the Airport he is unable to carry out the duties assigned to the Airport with existing personnel and that the situation has become extremely critical, Mr. Harris advising that he has bad to do part of the secretarial work himself. In a discussion of the matter, Mr. Pollard and Mayor Anderson voiced concern over the lack of sufficient help requiring an executive to lose valuable time in doing clerical work. Mr. Rheeler pointed out that during budget study Council rejected all requests for additional employees except the request of the Health Department, due to the lack of revenue, that just recently it turned down a request of the Manager Of the Mater Department for additional help, and moved that the request of the Manager of the Airport be denied. The motion was seconded by Mr, Dillard and adopted, Mr. Pollard voting no and Mayor Anderson suggesting that the Manager of the Airport keep the City Manager informed as to the status of the operation Of the Airport and that should the situation become such as to seriously impair the operation thereof that Council be so advised. WATER DEPARTMENT: Council having previously appropriated fnndsto .provide for soil tests on a portion Of Lots 2 and 3, of the Eugene Ho Cheil Sub- division, in connection with the proposed acquisition of a suitable site for a standpipe for the Delray Mater System, the City Manager submitted a written report that the soil tests were favorable and recommended that Council exercise the option the city has on the land in the amount of $5,000.00, said option expiring June 26, 1962, 325 326 Il O discussion of the question, Hr, Nebber expressed the opinion thet $5,000,00 is n high price for the property and pointed out that the land has not been appraised, Hr. Rsymoed E. Pillow, #annger of the Yeter Department, who nas present at the meeting, pointed out that it has been difficult to find a suitable site for the standpipe, that this is the fourth site to be considered, but that it has been determined that it is the proper site. After a further discussion of the matter, the Assistant City Attorney pointing out that Hr. Herbert M, London, one of the signers of the option, was killed recently. Mr, Dillard moved that the City Attorney be directed to prepare the proper measure providing for the acquisition of the property. The motion was seconded by Dr. Corn*Il and unanimously adopted. HUDG~T-MAT£R D~PARTMENT: The City #meager submitted a written report that it will be necessary to replace the present chlorinator with a new one in order to make drinking water available to the public at Carries Cove and recommended that $300.00 be appropriated to cover the purchase of the chlorinator and a water tank for storage purposes. Dr. Cornell moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~14815) AN ORDINANCE to amend and reordain bection n144, 'Departmental Equipment and Improvements,' of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 361.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Hr. Dillard and adopted by the foil*ming vote: AYES: Messrs. Cornell, Dillard. Pollard, Rabbet, Mheeler, Young, and the President, Rt. Anderson ........................... ?. NAYS: None ............................. O. AIRPORT: The Assistant City Attorney submitted a written report, trans- mitting a copy of an Application for a Certificate of Public Convenience and Necessity filed by Mid-Atlantic Airlines, Incorporated, before the Civil Aeronautics Board. requesting authority to engage in air transportation of persons, property and mail, subject to the introduction by the CAB of a new third level of short haul scheduled air transportation, with light twin-engine aircraft of less than 12,500 pounds gross take-off weight between Roanoke ;and Mashington. D. C., and between Knoxville, Tennessee, and Roanoke. On motion of Rt. Whee~er, seconded by Hr. Pollard and unanimously adopted, the request was referred to the Airport Committee for study, report and recommend- ation. REPORTS OF COMMITTEES: DEPARTMENT OF PUBLIC ~ORKS: Council hating referred bids for furnishing asphalt and tar for the period June 1, 1962, through Ray 31, 1963, to a committee composed of Messrs, Benton O, Dillard, Chairman, B, Cletus Broyles, John L, Meat- worth and Boer*rd B, Thompson for tabulation and report, the comnittee submitted the following report: 1962 To The City Council Roan*he. Virginia Members of Council: Attached hereto is a copy ~r the tabulation of bids which were opened and read befor~ City Council on May 21, 1962 for furnishing, heating, a~d applying RC-2 asphalt, Re-2, Type 2 asphalt, and BT-9 tar for the period of June 1, 1962 through May 31, 1963. The purpose of these bids is to establish the unit prices and designate the firm that will receive this business during the period described above. As can be seen from the tabulation, Adams Construction Company submitted the low bid on all three (3) items. It is recommended that Adams Construction Company be amarded this business and that periodic purchase orders based on their unit prices, as shown on the tabulation, be issued to meet the requirements of the Department of Public Works, It is anticipated that there are, or will be, sufficient funds provided in the 1962 and 1963 Budgets to cover this work without any additional appropriation. Respectfully submitted, s/Benton O, Dillard Benton O. Dillard, Chairman s/Jno~ L, Wentworth Jno. L. Wentworth s/B. Cletus Bro~les H. Cletus Broyles s/Bt Bt Thompson B. B. Thompson" After a discussion of the matter, Mr. Young voicing the opinion that in the future the contractshould be awarded on the basis of the calendar year, Mr. Webber moved that Council concur in the recommendation of the committee and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Wheeler and unanimously adopted. GARBAGE REMOVAL-BEPARTRENT OF PUBLIC WORKS: Council having referred bids for furnishing trucks, with dump bodies; cab and chassis, with dumpster hoist; and cab and chassis, conventional type, to a committee composed of Messrs. Charles Me Cornell, Chairman, John L, Wentworth and Arthur S. Owens for tabulation and report, the committee submitted a written report, recommending that the low bids of Shachelford-Cox Truck and Machinery Company, the Magic City Motor Carp*ration and Dicherson GMC, Incorporated, respectively, be accepted. Mr. Dillard moved that Council concur in the recommendation of the committee and that the matter be reYerred to the City Attorney for preparation of the proper measures. The motion was seconded by Dr. Cornell and unanimously adopted. 327.' 328 GARBAGE REMOVAL-DEPARTMENT OF PUBLIC MORKS: Bids rot furnishing a street smeeper having been referred to a committee composed of Dr. Charles M, Cumuli, Chairman, Mr. John Lo Nentmorth and Mr, Arthur S. Omens for tabulation and report, the committee submitted a mrltten report that the low bid was submitted by the Shaffer Equipment and Supply Companyin the amount of $90952000 and recommended that the lom bid be accepted, Mr. Webber moved that Council concur in the recommendation of the com- mittee and that the matter he referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Wheeler and unanimously adopted. UNFINISHED BUSINESS: BUDGET-SCHOOLS: Council having deferred action on a request of the Roanoke City School Board that Council appropriate $§0,615,50 to the School Board to supplement professional salaries for the remainder Of the calendar year, effect- ive July 1, 1962. pending receipt of a proposed revised professional salary schedule the matter was again before the body. Mr, Clarence M. Hawkins° Chairman of the School Board, appeared before Council and presented the proposed revised schedule for teachers and principals. together with the following breahdown of the $60,B15.50 appropriation: *Administration (1000 Series) Business Manager and Clerk of the Ooard, Director of Personnel, Administrative Assistant, and Assistant to the Business Manager $ 626.64 Instruction (2000 Series) Principals. Assistant Principals, Deans Teaching Principals, Head Teachers, Instructional Super- visors, and Director of Instruction Teachers, Substitute Teachers and Teachers of Bomebound Pupils 8,387.q0 71,345.72 79,733.62 Attendance Services (3000 Series) Visiting Teachers 320.00 Maintenance (7000 Series) Maintenance Manager 135,24 $ 80.815.50" After a discussion of the matter, Mr. Pollard expressing the hope that once the salaries are increased with the funds from this additional state supplement made available by the 1962 Legislature the city will not be left holding the bag at the end of two years. Mr. Dillard moved that the revised schedule submitted by the School Board be filed in the office of the City Clerk and offered the following emergency Ordinance appropriating $80,615,50: (~14BlG) AN ORDINANCE to amend and reovdain Section ~120, "Schools." of the 1962 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 361o) Mr, Dillard moved the adoption of the Ordinance, The motion was seconded by Dr, Cornell and adopted by the folloming vote: AYES: Messrs, Cornell, Dillard, Pollard, Mebber, Mheeler, Young. and the President. Mr. Anderson ........................... 7. NAYS: None .............................O. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 14794. rezoning property lying on the south side of Melrose Avenue. N. R., and the west side of Thirty-first Street. N. W.. describe, as Lots 1, 2 and 3, Block 1, Angell Addition, Official Tax Nos. 2530101, 2530102 and 2530103, from General Residence District to Business District, having previouslyi been before Council for its first reading, read and laid over. was again before the body, Mtn Wheeler offering the following for its second reading and final adoption: (=14794) AN ORDINANCE to amend and reenact Title IV. 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. 2S. page 360.) 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, Rebber, Wheeler, Young, and the President, Mr. Anderson ........................... NAYS: None .............................O. BRIDGES-SYADIUM: Council having directed the City Attorney to prepare the proper measure naming the footbridge over Roanoke River "The Herbert Davies Remorial Bridge," he presented a Resolution; whereupon. Mr. Pollard offered the following: (n14017) A RESOLUTION naming the footbridge over Roanoke River connectin South Roanoke Park with Victory Stadium and Raher Field "Ybe Herbert Davies Wemorial!! Bridge". (For full text of Resolution, see Resolution Book No, 25, page 362.) 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. Mebber. Mheeler. Young. and the President, Wt. Anderson ........................... NAYS: None .............................O. STATE HIGHWAYS-PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure authorizin9 the City Manager to ascertain if funds are available under the Open Land Act whereby the City of Roanoke can acquire the approximately 143 acres of land that will be required to provide right of way for a new access road, together with additional land for park purposes, referred to in Resolution No. 14802, in connection with the proposed Mill Mountain Spur, he presented a Resolution, said Resolution including both the 143-acre tract of land and a 9,5-acre tract of land; whereupon, Mr. Young offered the following: /'329 330 (e14618) A RESOLUTION relating to the securing of certain funds to assist in the City's acquisition of certain land proposed to be acquired for a new access road and additional land for park purposes in connection with the proposed Rill Rountain Spur, (For full text of Resolution. see Resolution Rook No. 25, page 362,) Hr, Young moved the adoption of the Resolution, The motion was seconded by Rr. ~heeler and adopted by the following vote: AYES: Hessrs, Cumuli, Dillard, Pollard, Webber, Rheeler, Young, and the President. Hr. Anderson ........................... ?. NAYS: None ............................. O. BUDbET-CITY SERBEANY: Council having directed the City Attorney to prepare the proper measure approving the employment of additional personnel bI the City Sergeant, subject to the approval of the Compensation Board, he presented a Resolution; whereupon, Mr. Young offered the following: (~14819) A RESOLRTION approving and concurring in the employment of certain additional personnel by the Sergeant for the City of Roanoke upon certain !conditions. (For full text of Resolution, see Resolution Book No, 25. page 363.) Mr. Yuan9 moved the adoption Of the Resolution. The motion was seconded by Hr. Pollard and adopted by the following vote, Mayor Anderson explaining that he feels this is a matter where the safety of a number of individuals is involved: AYES: Messrs. Cornell, Dillard, Pollard, Wheeler, Young, and the Pres- ident, Mr. Anderson ............................... NAYS: Mr. Webber .......................1. SEWERS AND SYORM DRAINS: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to make application for federal funds to partially defray the cost of constructing a sanitary interceptor sewer line from the Ferncliff Avenue Pumping Station to the existing trunk line sewer in the vicinity of Court Street at an estimated cost of $60,000.00, he pre- sented a Resolution; whereupon. Dr, Cornell offered the following: (=14R20) A RESOLRYION authorizing and directing the City Manager to make application for Federal funds to partially defray the cost of constructing a sani- tary interceptor sewer line running from the Ferncllff Avenue pumping station in southeasterly direction generally following Lick Run, a diatance of approximately 9RO0 feet, and connecting with an existing gravity flow City sewer line near the western terminus Of Alview Avenue, N. (For full text Of Resolution, see Resolution Rook No. 25, page 354.) Dr. Corn*Il moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Nebber, ~heeler, Young, and the President, Mr, Anderson ....................~- .... NAYS: None ............................O, MOTIONS AND MISCELLANEOUS HUSINESS: BUDGET-CONTRIBUTIONS-AUDITORIUM: Mr. Kenneth R. Hyde, President of the Hotel Association of Moan*he, appeared before Council, statin9 that the City of Roanoke needs an auditorium badly, that the city bas lost thousands upon thousands of dollars in convention trade because of its lack of un auditorium, that Roanoke is faring poorly in coupetltJon with other Virginia cities for conventions because these cities provide theater or auditorium facilities for convention groups at no charge, Mr. Hyde advising that in June of this year the Holstein-Friesian Ass*ciao than will use the American Theater for one night at $600.00; that in June, 1964, the Methodist Conference will use the theater for four nights at $600.00 per night; that in March, 1964, the Daptist Brotherhood will meet in Roanoke if it is furnished the American Theater as a meeting place for three days; and that there is a possibility of the Presbyterian General Assembly meeting in Roanoke if it is furnished the American Theater for one day, Mr. Hyde informing Council that the Hotel Association of Roanoke and tbe Chamber of Commerce will pay one-half of the cost of renting the American Theater for these convention groups if the City of Roan*he mill pay the other half. After a discussion of tbe matter, Council being Of the opinion that the city should pay $300.00 for rental of the American Theater for one night by the Hotel Association of Roanoke and the Roanoke Chamber of Commerce for the Holstein- Friesian Association convention Jn June of this year, Mr. Dillard moved that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Or. Cornell and unanimously adopted. There being no further business, Council adjourned. APPROVED ATTEST: 331 332 COUNCIL, REGULAR MEETING, Monday. June 4. 1962. The Council of the City of Rounoke met in regular meeting in the Council Chamber in the Municipal Building, Monday. June 4, 1962, ut 2 p.m.. the regular meeting hour. uith the Pretident. Mr. Anderson, presiding. PRESEAr~: 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 G. Whittle, City Attorney, nad Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Alvin J. Lee. VA Chaplain, Veterans Administration Hospital. MINUTES: Copy of the minutes of the regular meeting held on Monday. May 28. 1962. having been furnished each member Of Council, on motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SCHOOLS-PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids for the construction of curb and gutter, paving of streets and new construction of streets at Shrine Hill in the vicinity of Patrick Henry High School and Raleigh Court School, said proposals to be received by the City Clerk until 1:80 p.m., Monday, June 4. 1962. and to be opened at 2:0~ p.m., before Council, Mayor Anderson asked if there was anyone present who did not fully understand the adver- tisement, if there was anyone present who had been denied the privilege of bidding, or if there mere any questions about the advertisement anyone would like to ask, and no representatives present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the following bids: H ~ S Construction Company, Incorporated, $23,760.00; and Virginia Asphalt Paving Company, Incorporated $30.393.25. In this connection, the City Manager pointed out that Council referred a request of the Roanoke City School Board that the city complete the roads on Shrine Bill. including paving, blacktop and the installation of curb and gutter. back to him for a cost estimate of the project and that he was unable to submit a cost estimate without advertising for bids. On motion of Mr. Rheeler. seconded by Mr. Young and unanimously adopted. the bids were referred to a committee composed of Mr. Benton O. Dillard. Chairman, Mr. Arthur S. Owens. and Mr. H. Cletus Broyles for tabulation, conference with the Roanoke City School Board and report back to Council, the City Attorney to prepare the proper measure accepting the proposal of the lo,est responsible bidder. RECREATION DEPARTMENT-PARRS AND PLAYGROU~RS: Mr. E, S. Brown appeared before Council, on behalf of the Peoples Voters League and the Citizens Protective Association. and requested that adequate shelter and toilet facilities be fur- nished in Eureka Park, that more benches be placed in the park and that the fence around the tennis court be repaired. On motion of Dr. Cornell, seconded by Mr. Dillard and unanimously adopted, the request was referred to the City Manager for an estimate of cost and report to Council as soon as possible. AIRPORT: Council havin9 referred a request of the Roanoke Aviation Council that a detailed study be made of the runway system at the Roanoke Municipal Airport before further action is taken to extend Runway 15-33 to its Airport Committee for a meeting with representatives of the Federal Aviation Agency. the Roanoke Aviation Council and other interested parties to discuss in detail the questions raised by the Roanoke Aviation Council and to report bock to City Council, Mr. Edward S. Marshall. President of the Roanoke Aviation Council. appeared before the body and called attention to the fact that bids for strengthening Runway 15-33 and rebuilding a portion of Taxiway 5-23 are to be received at the regular meetin9 of Clty Council on June 10. 1962, Mr. Marshall pointin9 out that as yet the Airport Committee has not called the meeting as directed by Council and advisin9 that the Roanoke Aviation Council objects to the expenditure of any money for strengthenin~ Runway 15-53 prior to an extensive study of the runway system at the Airport. Mr. Robber, Chairman of the Airport Committee. advised Council that on May 3, 1962, a communication was forwarded to ir. Curtis F. Crave. FAA District Airport Engineer. requesting representatives of the Federal Aviation Agency to meet with the Airport Committee and the Roanoke Aviation Council. but as yet no reply has been received. Mr. Irving E. Craig, Vice-President of the Roanoke Aviation Council. stated that the primary purpose in requesting a meeting with the Airport Committee is to present data showing that a new runway would prove more economical under a long-range plan than the proposed extension of Runway 15-33, but that so far rep- resentatives of the Roanoke Aviation Council have been unable to present this data. Mr. Craig stating that it is his understanding Mr. Greve has informed the city that in the light of studies made by the Federal Aviation Agency and the lack of any evidence to the contrary the FAA believes that a new runway alignment would not be practicable and therefore would not warrant Federal participation, but that the FAA has not had the benefit of the data from the Roanoke Aviation Council. After a lengthy discussion of the matter, Mayor Anderson suggesting that the members of Council should be invited to attend the meeting of the Airport Committee when it is held, and Mr. Webber expressing the belief that a decision should be reached before the bids for strengthening Runway 15-33 and rebuilding a portion of Taxiway 5-23 are received by Council at its meeting on June 10. 1962, 333 33'4 pointing out that the strengthening of the one runmey end the rebuilding of n portion of the teximay is necessary at this time regardless of whether or not Ruanay 15-33 is extended next year, end It being generally understood that the meeting of the Airport Committee alii he held before the next regular meeting of Council, at uhich time all interested parties will be given the opportunity to be present and be heard, Mr. Mebber moved that the communication from the Roanoke Aviation Council be tabled until the meeting of the Airport Committee is held. The motion mas seconded by Dr. Cornell and unanimously adopted. PETITIONS AND COMMUNICATIONS: SER£RS AND STORM DRAINS: A Resolution of the Council of the Town of Salem. requesting that the contract betmeen the City of Roanoke and the Town of Salem dated October 16, 1953, dealing mith the treatment of domestic and commercial mastes, be amended by adding thereto a 24o23-acre tract of land including Middleton Gardens Section 3 Subdivision. located just north Of the north corporate limits of Salem, mas before Council. On motion of Mr. Pollard, seconded by Mr. Dillard and unanimously adopted the request mas referred to a committee composed of Messrs. Roy L. Webber. Chairman, Walter L. Young, Arthur So O~ens and Randolph G. Rhittle for study. report and recommendation to Council. REPORTS OF OFFICERS: INDUSTRIES-WATER DEPARTMENT-SEWERS AND STORM DRAINS: Council at its meeting on March 26. 1962. having adopted Resolution No. 14750. authorizing the proper city officials to accept a conveyance from Industrial Development and Investment Company of a mater distribution system as installed on said company*s real estate by its predecessors in title, the American Viscose Corporation; and, thereafter, authorizing the Water Department to make certain installations and betterments thereto at the cost to the city. the City Manager submitted a mritten report that the Industrial Development and Investment Company desires to alter its request for Mater service at the Roanoke Industrial Center in the following manner: "(1) Leave the loop Mater main nam serving the fife protection system as is with the installation of fire service connections in the new D in. lines being constructed by the City of Roanoke to this system. Cadet this plan this system would still be deeded to and maintained by the City of Roanoke as previously agreed. (2) In order to obtain domestic mater, IDICO mould use existing systems in the buildings presently in- stalled for this purpose and be metered at the point or points where connections are made to the existing city mater lines beyond the above mentioned fire service connections.' In this connection, Mr. Raymond E. Pillom, Manager of the Mater Depart- ment, appeared before Council and explained that the purpose of this change is to preclude the expense of disconnecting the sprinkler risers from the present loop system and reconnecting same behind the fire service connections at an estimated cost of from $60,O00 to $100,O00 and that the proposed change mill represent a saving both to the City of Roanoke and to the Industrial Development and Invest- ment Company. Mr. Dillard moved that Council concur in the request of the Industrial Development and Investwent Company and offered the following Resolution: (Zl4§21) A RESOLUTION authorizing the City Wanager to maintain aa a fire distribution system only that portion of the existing water distribution system conveyed unto the City by Industrial Bevelopuent and Investment Company by deed dated the 5th dry of April, 1962, which lies on the consumers* side of fire service connections; and reserving the right to rescind this resolution at the pleasure of this Council. (For full text of Resolution, see Resolution Book No. 25, page 366.) RF. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. #heeler and adopted by the follouin9 vote: AYES: Messrs. Cornell, Dillard. Pollard, Wheeler. Young. and the President, Mr. Anderson ............................... 6. NAYS: Mr. Webber ...........................i. DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a written report that the Virginia Department of Welfare and Institutions has presented a proposal for the reactivation of a study program in Roanoke whereby the staff of the Roanoke Child Care Bureau and other Roanoke services will be utilized in the study and evaluation of state wards being detained in the Roanoke Juvenile Detention llome after commitment to the State Board while auaitin9 state acceptance,~i the City Manager recommending that the city experiment with this proposal. In this connection, Miss Bernice F. Jones, Director of the Department of Public Welfare, and Miss Louise Carr, Assistant to the Chief Of the Child Care Bureau, Department of Welfare and Institutions, appeared before Council and ex- plained the proposal, Miss Jones pointing out that the only cost to the city will be a possible increase in food and supplies and that it might be necessary to employ an additional staff member at the Juvenile Detention Home who would be willing to work weekends since at the present time there are only two staff members on weekend duty. After a discussion of the matter, it being suggested that if and when the program is initiated it be evaluated at tbs end of three months rather than six months, and Mr. Young objecting to furnishin9 the proposed facilities to nearby counties on the basis that they have failed to co-operate with the City of Roanoke, Mr. Webber moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion uas seconded by Mr. Dillard and adopted, Mr. Young voting no. BUDGET-CITY ~IYSICIAN: The City Manager submitted a written report that the Pharmacist for the City of Roanoke has requested that his contract be increased from $275 per month to $325 per month, effective July 1. 1962, the City Manager recommending that $300 be appropriated to Salary. Pharmacist (Contract) under Section 351, "City Physician." of the 1962 budget, for this purpose. 3'35 336 In this connection. Hiss Bernice F. Jones, Director of the .Department of Public lelfnre, appeared before Council and advised that it is less,costly to continue the city's plan of filling prescriptions thou to bare It done through contract to a local pharmacy. After n discussion of the question, Hr. Dillard contending that the city should have its own Pharmacist instead of entering into a contract uith qne. Hobber moved that Council concur in the recommendation of the City Manager and that the City Attorney be directed to prepare the proper measure amending the contract. The motion mas seconded by Mr, Pollard and adopted, Mr. Dillard voting no. STATE HIOHMAYS-SERERS AND STORM DRAINS: Council at its meeting on April 30, 1962. having adopted Resolution No. 14770. concurring in the amard by the Commonueulth of Virginia, Department of HJghmays, of a contract to J. H. Turner and Company, Incorporated. for the construction of a portion of the Route 581 Spur into Roanoke, and having at the same time adopted Ordinance No. 1477g, appropria- ting $4,682.50, representing the estimated cost of providing and installing sewer crossings for the city at tau locations in the project, the City Manager submitted a written report that the actual cost of the sewer lines will be $7,600.00, therefore, an additional appropriation of $2,917o50 will be required, the City Manager advising that the contractor has refused to renown this item from its contract and that in the future the city intends to install these sewer crossings itself. Mr. Hobber moved that Council concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (=14822) AN ORDINANCE to amend and reordain Section ~142, 'Transfer to Improvement Fund," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 25, page 366.) Hr. Webber 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 ....................... ?. NAYS: None .............................O. 5EMERS AND STORM DRAINS: Council having referred the request of Mr. and Mrs. W. J. Adams, Jr,, 1725 North Avenue, N. £., that an existing sewer line be extended approximately 80 feet to serve their property to the City Manager for investigation and report, he submitted a written report that a sewer connection can be provided for this property at a cost of $273.36 to Mr. and Mrs. Adams, the city to pay the remaining one-half of the cost. Mr. Wheeler moved that Council concur in the report of the City Manager and that copy thereof be formarded to Mr. and Mrs. Adams. The motion mas seconded by Mr. Dillard and unanimously adopted. REPORTS: The City Manager s'ubmitted n' mritten report~ transmitting a report of the Department of Public Welfare for the month of April. 1962, and listing monthly departmental reports On file in his office. On motion of Mr, Pollard, seconded by Mr. Dillard and unanimously adopted, the report mas ordered filed. REPORTS OF COMMITTEES: FIRE DEPARTMENT: Council having referred bids for furnJshln9 one 750 GPM Tripple Combination Fire Pumper and Oody to a committee composed of Messrs. Roy R. Pollard. Sr., Chairman. John ¥. Brown and Arthur S. O~ens for tabulation and report to Council. the committee submitted a mritten report, recommending that the low bid of Hahn Motors. Incorporated. in the amount of $9.142. be accepted. In this connection, the City Clerk brought to the attention Of Council a telegram from the Oren Roanoke Corporation. deducting $950.00 from its original bid of $9,991.50 by eliminating deluxe extras. Mr. Hugh O. Mhitlom, representing the Oren Roanoke Corporation, appeared before Council and charged that the low bid of tlahn Rotors. Incorporated. does not meet specifications. Mr. W. Clay Counts. representing Hahn Motors, Incorporated, replied that the low bidder bas exceeded specifications and that the only item not meeting specifications is a packin9 gland. On motion of Mr. Pollard, seconded by Dr. Cornell and unanimously adopted, the bids #ere referred hack to the committee for further study, report and recommendation to Council. UNFINIStIED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STATE HIGHWAYS: Ordinance No. 14814, authorizing the City Manaoer to execute, for and on behalf of the City of Roanoke, an agreement stipulating the valuation of the i.05 acres, more or less, formerly constituting the City*s free burial ground on City-owned real estate on the northwest corner of 2ad Street and Hart Avenue, N. E., and other City-o~ned real estate in the immediate vicinity thereof, having previously been before Council for its first reading, read and laid over. mas again before the body, Mr. Wheeler offering the folloNin0 for its second reading and final adoption: (=14814) AN ORDINANCE authorizing the City Manager to execute, for and aa behalf of the City of Roanoke. an agreement stipulating the valuation of the 1.05 acres, more or less, formerly constituting the City's free burial ground on City-omned real estate on the northmest corner of 2nd Street and Hart Avenue, N. E., and other Ctty-o~ned real estate in the immediate vicinity thereof. (For full text of Ordinance, see Ordinance Book No. 25. page 365.) "337 :338 Hr. Wheeler moved the adoption of the Ordiooace. The motion nos seconded by Mr. Pollard and adopted by the f,Il,ming vote: AYES: Messrs. Cornell, Dillard. Pollard, Webber, Wheeler. Young, end the President, Mr. Anderson ................... 7. NAYS: None .........................O. TRAFFIC: Mayor Anderson advised that the R,an,he Fine Arts Center has requested that Kirk Avenue, S. M., fron Jefferson Street to First Street, be closed to traffic On Jane 16, 1952, between the hoars Of 8:00 a.m., and 5:00 for the purpose Of holding its Annual Outdoor Exhibit, and that he has asked the City Attorney to prepare a Resolution granting this request; whereupon. Mr. Mheeler offered the following Resolution: (~14923) A RESOLUTION authorizing the City Manager to cause a portion of Kirk Avenue. S. W.. to be closed to traffic on June 16, 1962, between the hours of 8:00 a.m. and 5:00 (For full text Of Resolution, see Resolution D,ok No. 25, page 357.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Dr. C,moll and adopted by the following vote: ALES: Messrs. Cornell, Dillard, Pollard, Robber, Wheeler, Young, and the President, Mr. Anderson ................... NAYS: None .........................O. AIRPORT-STATE HIGHWAYS: Council havin9 directed the City Attorney to prepare the proper measure accepting the offer of the Virginia Department of Highways in the sum of $5,940 for land easement and any and all damages in connection with the right of way for Interstate S81 across the west clear zone for Runway 5-23 at the Roanoke Municipal Airport, the City Attorney presented an Ordinance; whereupon, Mr. Pollard moved that the following Ordinance be placed upon its first reading: (=14624) AN ORDINANCE authorizing the sale and conveyance to the Commonwealth of ¥irginia, Department of Highways. of a certain ?.43 acre parcel of land and two small easements in the west clear zone for Runway 5-23 at Roanoke Municipal Airport, upon certain terms and conditions. WHEREAS, the Department of Highways desires to purchase for the Commonwealth Of Virginia a certain 7.43 acre parcel of land and ti, small storm drain easements for use in the constraction of Interstate Route 581 across the west clear zone for Runway 5-23 at the City's municipal airport and. upon an appraisal of the value of said land at $925.00 per acre. has offered to pay to the City the sum of $6.940.00. cash. upon the City*s conveyance to the Common- wealth of the fee simple title to said 7.43 acre parcel of laud and grant of said storm drain easements; and MREREA5, the land for the aforesaid lest clear zone was acquired by the City in part by certain funds granted to the City by the United States of America through the Administrator of Civil Aeronautics pursuant to a certain Grant Agreement offered under date of October 23, 1957, for Airport Project No. 9-44-012-580To under the terms or uhich grant the CitF undertook certain obliga- tions and Bide certain assurances required by Inn nith respect to the continued operation nod aiintennnce of its said airport in accordance with the Federal Airport Act; and WHEREAS, this Council deems the construction of the aforesaid Interstate Route SO1 into the City of greatest importance and is of opinion, upon the recommendation of Its airport comuittee and City Homager. that the price proposed to be paid by the Commonwealth for said land and easements is fair and reasonable. THEREFORE. DE IT ORDAINED by the Council of the City of Roanoke that said Council doth hereby approve, authorize and direct said City's sale and conveyance to the Commonnenlth of Virginia. Department of Highways, of that certain 7.43 acre parcel of land in the west clear zone at the City*s municipal airport and of those two adjacent storm drain easements. 20 feet by 60 feet and 30 feet by 100 feet. shown in colored crayon On Plan No. 4240-A-3, prepared hy the City Engineer under date of February 11. lq61, and on file Jn the offices of said City Engineer and the City Clerk, for a consideration of $6,940.00. cash. to be paid to the City upon delivery of the City's deed of conveyance made pursuant to this ordinance. said deed to be drawn upon such form as is approved by the City Attorney and to contain a general Barranty of title on behalf of said City and to impose on the City*s grantee all covenants, obligations end assurances heretofore undertaken by the City with respect to said land in that certain Grant Agreement and related documents entered into between the City and the United States of America, through the latter's Administrator of Civil Aeronautics On October 23, 1957, und October 2q, 1957, for said Ulty*s Roanoke Municipal Airport Project No. 9=d4-012-5907, unless said City be otherwise fully relieved of all such covenants, obligations and assurances prior to the execution and delivery of such deed. 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 ................... 7. NAYS: None .........................O. In this connection, Mr. Webber voiced the opinion that the (unds derived from the land in question should be appropriated for specific use at the Airport and of'feted th~ following emergency Ordinance appropriating $6.940 for airport purposes: (~14825) AN OROINANCE to amend and reordain Section ~142, "Transfer to Improvement Fund," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 367.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and odopted by the following vote: 339 AYES: Messrs. Pollerdo Webber; Wheeler, Young, nad the President, Mr. Anderson ................................................ 5. NAYS: Messrs. Cornell and Dillard ............2. DEPARTMENT OF PUBLIC WORKS: Council having directed the City Attorney to prepare the proper measure accepting the lam bid of the Adams Construction Company for furnishing esphelt and tar. he presented n Resolution; whereupon, Mr. Young offered the follouing: (~14826) A RESOLUTION accepting the proposal of Adams Construction Company for furnishing, heetlng and applying certain asphalt and tar; authorizing the Purchasing Agent to issue the requisite purchase orders; end rejecting other bids. (For full text of Resolution, see Resolution Rook No. 25, page 368.) Mr. Young moved the adoption of the Resolution. The motion wes 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. GARBAGE REROYAL-DEPARTMENT OF PUBLIC WORKS: Council haying directed the City Attorney to prepare the proper measures accepting the respective proposals of Shackelford-Cox Truck and Machinery Company, the Magic City Motor Corporation and Dickerson GMC, Incorporated. for furnishing trucks, with dump bodies; cab and chassis, uith dumpster hoist; and cab and chassis, conventional type.'he presented three Resolutions. Mr. Mheeler offered the following Resolution accepting the proposal of Shackelford-Cox Truck and Machinery Company for supplying two trucks, with dump bodies, at a price of $?,050: (:14827) A RESOLUTION accepting the proposal of Shackelford-Cox Truck and Machinery Company for supplying tmo I 1/2 ton conventional trucks equipped with dump bodies; authorizing the Purchasing Aoent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 25, page 369.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Dr. Cornell and adopted by the follouing vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............................. T. NAYS: None ...................................O. Dr. Cornell offered the following Resolution accepting the proposal of Magic City Motor Corporation for furnishing cab and chassis, uith dumpster hoist, at a price of $9,122.50: (~14826) A RESOLUTION accepting the proposal of Magic City Motor Corporation for supplying one 3 - 4 ton cab and chassis; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting ell other bids. (For full text of Resolution, see Resolution Book No. 25, page 370.) Dr. Cornell mated the adoption of the Resolution. The motion mas seconded by Mr. Young and adopted by the foil,ming vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber. MheeleF. Young. and the President, Mr. Aoderson-~ ........................... 7. NAYS: None ...................................O. Mr. Pollard offered the foil,ming Resolution accepting the proposal Of Oickerson G#C. Incorporated. for furnishin9 cab ,nd chassis, conventional type. at a.price of $5,330.71: (~14829) A RESOLUTION accepting the proposal of Oickerson GMC, Incorporated, for supplying one 3 - 4 ton cab and chassis; authorining the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 25, page 371.) Mr. Pollard moved the adoption of the Resolution. The notion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Corneil, Dillard, Pollard. Webber. Rheeler, Young, and the President. Mr. Anderson-~ ........................... 7. NAYS: None ...................................O. GARBAGE REMOVAL-DEPARTMENT OF PUBLIC WORKS: Council having directed the City Attorney to prepare the proper measure accepting the low bid of the Shaffer Equipment and Supply Company for furnishing a street sweeper, at the price of $9,952. he presented a Resolution; whereupon, Dr. Cornell offered the folloming: (=14§30) A RESOLUTION accepting the proposal of Shaffer Equipment and Supply Company for supplying one new 1962 model street sweeper; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting the other bid. (For full text of Resolution, see Resolution Book No. 25, page 372.) 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 President, Mr. Anderson ............................. 7. NAYS: None ...................................O. AIRPORT: Council having directed the City Attorney to prepare the proper measure authorining the City Manager to advertise for public bids for the oper- ation of the parking lot at the Roanohe Municipal Airport for a period of three years beginning July !. 1962, on the basis of a plan submitted by the City Manager, with the privilege of submitting an alternate bid, he presented a Resolution; whereupon, Mr. Pollard offered the folloming: (314931) A RESOLUTION authorizing the City Manager to advertise for public bids for the operation of two parking lots at Roanoke Municipal (Woodrum) Airport. (For full text Of Resolution, see Resolution Book No. 25, page 373.) 341 342 Hr, Pollard moved the adoption of the Resolution. The motion ems seconded by Hr. Webber and adopted by the f,Il,clog vote: AYES: Wessrs. Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ............................................ 5. NAYS: Messrs. Cornell and Dillard ........2. PURCHASE OF PROPERTY-WATER DEPARTMENT: Council having previously directed the City Attorney to prepare the proper measure providing for the acquisition of a portion Of Lots 2 and 3, of the Eugene W. Cheil Subdivision..at a price of $5,000. as the site for a proposed standpipe, Jo connection mith the mhereapou, Dr. Cornell offered the following emergency Ordinance: (=14932) AN ORDINANCE authorizing and directing the acquisition of certain land situate in Roanoke County. Virginia. to be used for public water supply purposes, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 25. page 374.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Hr. Dillard and adopted by the folloeing vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler. Young, and the President, Mr. Anderson ......................... 7. NAYS: None ...............................O. In this connection. Mr. Dillard offered the following emergency Ordinance appropriating $5.000 for the purchase of the land: (314933) AN ORDINANCE to amend and reordain "Non-Operating Expense" of the !g62 Water Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No, 25. page 375.) Mr. Dillard moved the adoption of the Ordinance. The notion was seconded by Hr. 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-AUDITORIUM: Council having directed the City Attorney to prepare the proper measure providing for payment by the City of Roanoke of one-half of the cost of renting the American Theater at $600 per night in connection with the convention to he held by the Holstein-Friesian Association in Roanoke during the month of June. 1962, he presented on emergency Ordinance; whereupon, Dr. C,mall offered the following emergency Ordinance: (=14834) AN ORDINANCE appropriating $300.00 as the City's contribution on the rental of the American Theater for one night's use during the month of June, 1962, by the Holstein-Friesian Association; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 25. page 376.) 343 Or, Cornell moved the adoption of the Ordinaece. The motion mas seconded by Mr. Young and adopted by the folloulng vote: AYES: Messrs. Cornell. Dillard, Pollard. Webber. Mheeler. Young. and the President, Mr. Anderson ........................ 7. NAYS: None ..............................O. MOTIONS AND MISCELLANEOUS BUSINESS: MUNICIPAL COURT: The City Clerk reported that Mr. Ueorge B. Dillard has qualified as a Judge of the Municipal Court to fill an unexpired term ending September 30, 1962. On motion of Mr. Mebber. seconded by Mr, Mheeler and unanimously adopted, the report was ordered filed. CITIZENS' COMMITTEE: The Mayor pointed Out that there are three vacancies on the Uitizens*-Committee for Greater Roanoke due to the death of Mr. Elm,re D. Helms, the death of Mr. H. L. Lawson, Jr.. and the resignation of Mr. B. B. Harden, and called for nominations to fill these vacancies. Mr. Dillard placed in nomination the name of Paul D. Starkey. Mr. Young placed in nomination the name of U. Frank Clement. Mr. Wheeler moved that the nominations be closed. The motion mas seconded by Dr. Cornell and unanimously adopted. Mr. Paul H. Starkey and Mr. G, Frank Clement were appointed as members of the Citizens* Committee forGreater Roanoke by the fall,winO vote: FOR MESSRS. STARKEY AND CLEMENT: Messrs. Cornell, Dillard. Pollard, Webber. Wheeler, Young, and the President. Mr. Anderson ..................... 7. COUNCIL: Rayor Anderson pointed out that Section 10 of the City Charter provides that during the months of June, July and August two regular meetings of Council each month may be held. and asked for a decision of Council on the matter. Mr. Webber moved that Council hold regular meetings on June lB, July 2. July 16. July 30, August 13 and August 27, 1962. The motion was seconded by Mr. Pollard and adopted, Mr. Dillard voting no. There being no further business, Council adjourned. APPROVED ATTEST: 34'4 COUNCIL. SP£CIAL MEETING, Tuesday, June 5. 1q62. The Council of the City of Roanoke met In special meeting In the Council Chamber In the Municipal Dnlldlng, Tuesday, June 5, 1q62, at ?:30 p.mo, for the purpose of holding a public bearing on the Traffic and Parking Survey made by the Virginia Department of Highways for the City of Roanohe, with the President, Mr. Anderson, presiding. PRESENT: Hessrs. Cornell, Dillard, Pollard, Webber, Rheeler, and the President, Mr. Anderson ........................... 6. ABSENT: Mr. Young ........................ 1o OFFICERS PRESENT: Mr. Arthur ~. Owens, City Manager. TRAFFIC: Mayor Anderson stated that the purpose of this special meeting is to hold a public hearing on tLe Traffic and Parking Sur~ey made by the Virginia Department of Highways for the City of Roanoke. Mr. O. D. Sink, Superintendent of Traffic Engineering and Communications, explained the proposed traffic and parking plan which, among other things, would establish additional one-way streets, provide for more parking meter zones, reduce existing loading zones by approximately one-half, substitute parallel parking for angle parking and eliminate free parking in the downtown area. Mr. Nerner K. Sensbach, Director. Department of Planning. expressed the opinion that the proposed traffic and parkin9 plan should be considered very seriously, but that certain modifications will have to be considered to make it a workable plan for the city of Roanoke, Mr. Sensbach stating that if angle parhing in the city market area is changed to parallel parking it is his belief that the market area will cease to exist, therefore, he feels an independent study should be made of the market area because of its uniqueness. Hr. Russell E. Almond, Clerk of the City Market, concurred in the t~oughts expressed by Mr. 3ensbach. noting that the curb spaces on the market sill be drastically reduced if angle parkin9 is eliminated. At the request of Mayor Anderson. the City Clerk read a communication from Rt. V. C. ~elly. Terminal Manager. Ryder Truck ~ines. Incorporated. opposing the reduction of loading zones, and expressing the opinion that one immediate solution to a portion of the problem mould be proper enforcement of existing parking regulations since there are already almost as many automobiles in the loading zones as there are trucks. Mr. R. O. Cassell, Vice-President and General Manager. 3afety Motor Transit Company, stated that he did not wish to oppose the proposed plan. but that if Council decides to establish additional one-uny streets it is his request that Jefferson Street be made one-way northbound from Franklin Road instead of from Elm Avenue; that Campbell Avenue he made one-way from Fifth Street instead of Thirteenth ~treet; and that Franklin Road be left two-way from Second Street, S. W. to Elm Avenue. S. ~. 3.45 Mr. Cranford Oakey, ~resident of John #. Oakey, Incorporated, requested that since Elm Avenue has the only bridge over the Norfolk and Mestern Railway Company tracks into the southeast section of the city it remain a two=way streel Instead of being restricted to one=may traffic eastbound, in order to facilitate the movement of funeral processions from this section to cemeteries in other parts of the city, Mr. Oakey also requesting that Campbell Avenue be made one-way from Fifth Street, S. M., instead of from Thirteenth Street, ~. #.o to eliminate the necessity of a longer route by way of Salem Avenue for funeral processions. Mr. John Il. Miller, Chairman, Streets and Traffic Committee. Domntomn Roanoke, Incorporated. requested that a 30 to 60 day period be allowed before action is taken to permit time for a more detailed study of the plan and the possible effects the adoption of any or all of the recommendations included in the plan could have on the customers and business firms in the central business district. Mr. William A. Ilouse, Executive Director, Downtown Roanoke, Incorporated, repreaenting Mr. Melvin S. Raikes, Postmaster, requested that the recommendation to install parking meters in front of the Post Office not be adopted. Mr. James ~. Elliott, owner of Midtown Parking Lot, concurred in the suggestions of Mr. House and Rt. Sensbach. and expressed the opinion that businessmen will not pay to park to pick up their mail, thereby placing the burden of mail delivery on nail carriers. Mr. Thomas D. Taylor, Executive Vice-President, Ponce de Leon Hotel, Incorporated, urged that whatever plan is adopted it be properly enforced, Mr. Taylor expressin9 the opinion titat the Iolice Department ~ith its present personnel cannot handle the problem.. Mr. T. E. Roberts. President of Yellow Cab Company of Roanoke, Incorporated, expressed a desire for sufficient taxi stands in the downtown area, stating that it is necessary for taxicabs to be able to reach any destination in the downtown area within a reasonable period of time. Mr. Paul S. Keenan, President-Treasurer of Checker Cab Company of Virgini Incorporated. concurred with Mr, Roberts. Mayor Anderson suggested that any further suggestions for changes or modifications in the plan be put into writing and forwarded to Council for.due consideration. There being no further business, Council adJourned. APPROYED ATTEST: 3~6 COUNCIL, REGULAR MEETING, Monday, June lO, 1962, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, Jane 18, 1962, at 2 p,m** the regular meeting hour, with the President, Mr, Anderson, presiding, PRESENT: Ressrs, Coraell. Dillard, Pollard, Rabbet, Rheeler, Young and the President, Mr, Anderson .................................. 7. ABSENT: None ......................................O. OFF ICERS PRESENT: Mr. Arthur S, O~ens, City Manager, Mr. Randolph G. Mhittle, City Attorney. and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend J. Vo Lilly, Pastor, Salem First Christian Church. MINUTES: Copies of the minutes of the regular meeting held on Mondayt June 4, 1962, and the special meeting held on Tuesday, June 5, 1962, having been furnished each member of Council, on motion of Mr. Young, seconded by Mr. Pollard and unanimously adopted, the Fending was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: AIRPORT: Pursuant to notice of advertisement for bids for bituminous overlay to strengthen Runway 15/33 and including rebuilding a portion of Taxiway 5/23 at Roanoke Municipal (Moodrum) Airport, Project No. 9-44-012-12, said proposals to be received by the City Clerk until 1:30 p.m., Monday, June 16, 1962, and to be opened at 2:00 p.m., before Council, Mayor Anderson asked if there was anyone presen who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or il there were any questions about the advertisement anyone would like to ask, and no representatives present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids, The City Clerk opened and read the following bids: Adams Construction Company, $237.U35.29; Virginia Asphalt Paving Company, Incorporated, $249,435.65; Sam Finley, Incorporated, $261,433.05; and Moore Brothers Company, Incorporated, $262.005.29. Mr. Mebber moved that the bids be referred to a committee composed of Messrs. Randolph C. ~hittle, Chairman, John L. Nentworth and H, Cletus Broyles for tabulation anB report during the present ne*ting of Council, The motion was seconded by Mr, Mheeler and unanimously adopted. Later during the meeting, the committee submitted a written report, together with a tabulation of the bids. showing Adams Construction Company as low bidder in the amount of $237,835.29. Mr. Dillard offered the following emergency Ordinance accepting the proposal of Adams Construction Company in the amount of $237,635.29: g (e14835) AN ORDINANCE accepting the proposal of Adams Construction Company rot bituminous overlay to strengthen Run*ay 15-33 and including rebuilding a portion or Tuximny 5-23 at Roanoke Municipal (M,,drum) Airport. subject to the approval of the Federal Aviation Agency; authorizing the City Manager to execute the requisite contract; rejecting ail other bids; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25. page 377.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYF~: Masers. Cornell. Dillard. Pollard. Nebher. Wheeler. Young. and the President. Mr. Anderson ................................... 70 NAYS: None .....................................O, Mr, Webber then offered the following emergency Ordinance appropriation! $255,000,00 for ProJect No, 9-44-012-12: (~14B36) AN ORDINANCE to amend and reordain Section n142, #Transfer to Improvement Fund,' of the 1962 Appropriation Ordinance, and providing for an emer- gency, (For full text of Ordinance, see Ordinance Book No. 25, page 379.) Mr, Webber moved the adoption of the Ordinance, The motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Corn*Il, Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson ................................... NAYS: None .....................................O, Mr. Webber pointed out that it will be necessary for Council to approve the Grant Agreement for this project prior to July 1, 1962, if the Federal Aviation Agency approves the awarding of the contract to Adams Construction Company, and moved that a special meeting for this purpose be held at 12 noon, June 28, 1952. The motion was seconded by Mr. Wheeler and unanimously adopted. ZONING: Council having previously set a public hearing for 2 p.m., June 18. 1962, on the request of Bessrs. Kostas Christofis and George J. Christofis that property located on the northeast corner of Wise Avenue and Fourteenth Street, S. described as Lots I and 2. Castle Corporation. Official Tax ~os, 4210109 and 4210110, be rezoned from General Residence District to Light Industrial District, the matter was before Council, At the request of Mayor Anderson, the City Clerk read the report of the City Planning Commission, pointing out that the original request wasto rezone the property in question from General Residence District to Business District, but that because Of adjacent uses of light industry, the Commission feels the property should be rezoned to a Light Industrial District. Mr, John B. £ennett, Jr** Attorney, representing the petitioners, appeared before Council and explained that his clients have extended their business estab- lishment on several occasions under non-conforming permits, but that in order to 347 .348 enlarge the establishment any further It sill be necessary to rezone the property to at least a Oasiness District, Mr. Kennett stating that there must be a need for this type of business in the area in question becouse of the steady increase in patronage, nad that if the property Is fez*ned the present establishment thereon can be made Into n first-class dance hall; otherwise, it will probably deteriorate into a cheap beer Joint, Appearing in opposition to the proposed fez*ming mere Mrs. Harry Jo Hagan. Mr. Jo A, Hobs*n, Mrs, Milliam H, Omen, Mrs. J, M, Hechner and Mrs. J. H, Norris, the opponents stating that most of them are elderly retired people who have lired in that neighborhood for years, that there is drinking, carousing, loud talh and loud music in connection with the operation of the business establishment and that the neighborhood is no longer a safe place in which to live as a result of this business establishment, that they have appealed to the Police Department for help. but that the conditions outlined have not been corrected, that shay would sell th*iF properties if they could, but no one will purchase th*iF land, and that the immoral acts of patrons of the business establishment create an unhealthy atmosphere in which to rear their children and grandchildren. Mr. George J. Christ*ils, who was present at the meeting, explained that he would like to hire off-duty policemen to maintain order in and around his place of business, hut that it is the policy Of the city not to permit uniformed officers to work in business establishments where alcoholic beverages are served. A petition signed by 74 citizens in the area, opposing the fez*ming request, was presented. Everyone present .having been given an opportunity to be heard, and Mayor Anderson stating that regardless of whether Or not the property in question is !fez*ned the conditions complained of are already in existence and may require stricter law enforcement, that possibly fez*ming of the property to provide for enlarged facilities might J~pro~e the situation, and members of Council indicating a desire to make a study of the property proposed to be rezoned, Mr. Dillard moved that the matter be continued until the next regular meeting of Council. The motion seconded by Mr. Pollard and unanimously adopted. AUDITORIUM-COLISEUM: Mr. Milliam B. Puff, a member of the Auditorium- Coliseum Committee of the Roanoke Junior Chamber Of Commerce, appeared before Council and presented a Resolution adopted by the Roanoke Junior Chamber Of Commerc( on May 8, 1962, petitioning the Council of the City Of Roan*he to take immediate steps toward providing an auditorium and coliseum for the City of Roan*he with the following recommendations, the Jenior Chamber of Commerce pledging the whole- hearted and complete support of its entire membership toward making the necessary preparations for the passage of an auditorium-coliseum referendum: *(1) That both an auditorium and a coliseum be constructed on a twenty-acre site in the Commonwealth Redevelopment Project; (2) That rthe auditorium and coliseum be built as two separate structures, with the auditorium having a seating capacity of approximately 2,500 and the coliseum having a perm- anent seating capacity of approximately 6.500 and a maximum seating capacity of approximately 6,500. (3) That the total cost of the foregoing structures. excluding land cost. not exceed 4 million dollars; (4) That the construction of these facilities be financed by general obligation bonds issued by the City of Roanokel (5) That the Council of the City of Roanoke make appli- cation to the Community Facilities AdministrntJon of the Dousing aud~Hoae Finance Agency for advance planning funds with which to have preliminary architectural plans prepared for the aforesaid auditorium and coliseum; (6) That the Council of the City of Roanoke take immediate steps to obtain an option on. or otherwise preserve. 20 acres of the Commonwealth Redevelopment Project as a site for these buildings until such time as a referendum can be submitted to the voters; and (?) That the necessary steps be taken to submit the fore- going issue to the voters of the City of Roanoke within the next twelve months,' Mr, Puff then introduced Mr, John M, Chappelear, Jr,, General Chairman of the Auditorium-Coliseum Committee, who advised that his committee bas spent 12 months in preparing the report.now being presented to Council, that first of nil it investigated th*reasons for the defeat Of the referendum held in Hay, 1961, and Obtained the citizens* opinions on all phases of the problem, that as a result of this investigation it then prepared specific recommendations On sites, seating capacities, cost, method of financing, and publicity for presentation to Council, and that the committee feels that the triangular portion of property in the Commonwealth Redevelopment Project bounded on the north by Orange Avenue, on the east by ~illiamson Road and on the west by the future Interstate 81 tllghway Spur would be a good site for the.auditorium and coliseum, In a discussion of the matter, Mr, Dillard raised the question as to the cost of acquiring the above site and voiced the*pinion that consideration should be given to City-owned land east of this site, Mr, Webber pointed out that the land in the Commonwealth Redevelopment Project is already cleared and can be had immediately, whereas, private property in the vicinity of the city-omned property probably would have to be condemned which would take time, and moved that the report of the Roanoke Junior Chamber of Commerce be received and filed as a part Of the official records Of Council. The motion was seconded by Mr, Wheeler and unanimously adopted, Mr, Webber then moved that the City Manager be requested to ascertain the cost of acquiring the triangular portion of land in the Commonwealth Redevelopment Project and to also ascertain whether or not the City of Roanoke Redevelopment and Rousing Authority will give the City of Roanoke a six months' option on said land, plus an additional six months, if necessary, The motion was seconded by Mr, Pollute and unanimously adopted, Hr, Webber further moved that the City Attorney be directed to prepare a Resolution making application to the Community Facilities Administration of the Dousing and Home Finance Agency for advance planning funds not to exceed with which to have architectural plans prepared for an auditorium and coliseum, The motion was seconded by Mr, Wheeler and unanimously adopted, 349 350 Mr. Robber also moved that the report of the Roanoke Junior Chamber of Commerce be referred to the City Planning Commission and The Citizens* Committee for Greater Roanoke for study, report and recommendation to Council, The motion mas seconded by Hr. Mheeler and unanimously adopted, In this connection, Mr, Pollard asked the City Manager to furnish members of Council a mop shoming the city*omned land east or the Commonwealth Redevelopment Project and private property required for on auditorium and coliseum, PETITIONS AND COMRDNICATIONS: STR£ET LIGJITS: A communication from the Appalachian Power Company, trams- !mitring a list of street lights installed and/or removed during the month of May, 1962, was before Council. On motion of Mr. Rheeler, seconded by Rt. Young and unanimously adopted, DRIDG£S-STADIUR: A communication from Mrs. Ruth C, Davies, expressing to Councilthe deep appreciation of the family of the late Mr. Herbert A. Davies for the adoption of a Resolution naming the footbridge over Roanoke River connecting South Roanoke Park with Victory Stadium and Raher Field "The Herbert Davies Memorial Bridge** was before the body. On motion of mr. Pollard, seconded by Rt. Wheeler and unanimously adopted the communication was ordered filed. SIGNS: A communication from Dr. E. D. Downing, Elder, Fifth Avenue Presbyterian Church, advising that on June 21-30, 1962, Presbyterians from churches in all of North Carolina and part of Virginia will bold a Synod in Roanoke at the Fifth Avenue Presbyterian Church, that his church feels they will experience much difficulty in locating the church since the name of the street has been changed from "Fifth Avenue" to 'Patton Arenue*, and requesting permission to place a metal regulation sign two blocks from the church pointing the direction, was before Council. On motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted, the request was referred to the City Manager for disposition. ZONING: A communication from Rt. Jack H. Coulter, Attorney, representing Mr. and mrs. Claude A. Hodges, requesting that property located on the west side of South Jefferson Street. south of Twenty-second Street, described as Lots 17 and 18, Block 60, Crystal Spring, Official Tax Nos. 1051010 and 1051011, be rezoned from General Residence District to Special Residence District, was before Council. On motion of mr. Wheeler, seconded by Mr. Young and unanimously adopted, the request for rezoning was referred to the City Planning Commission for study, report and recommendation to Council, BUDGET-CITY SERGEANT: Council at its meeting on Monday, May 28, 1962, havlngadopted Resolution No, 14919, approving and concurring in the employment of additional deputy sergeant-jailer at a salary of $4,080.00 per annum; one additional deputy sergeant-steward and food service supervisor at a salary of 35'1 $4.050.00 per annum; and one part-time Jail matron at un hourly rate of $1.50 for actual hours worked, effective July 1. 1962. subject to approval by the Compensation Board. copy of u communicotion from the Compensation Bnard to the City Sergeant. approving the employment of the additional personnel by the City Sergeant. mas before Council. Hr. Nheeler offered the following emergency Ordinance appropriating funds for the additional personnel: (;14D37) AN ORDINANCE to amend and reordain Section ~30. WJail.w of the 1962 Appropriation Ordinance. and providing fOr an emergency. (For full text of Ordinance. see Ordinance Book No. 25. page 379.) Rt. Hheeler n,red the adoption of the Ordinance. The motion was seconded by Hr. Pollard and adopted by the f,Il,ming vote: AYES: Messrs. Cornell. Dillard. Pollard. Mebber. Mheeler. Young. and the President. Mr. Anderson ................................... 7. NAYS: None .....................................O. 5EHERS AND ST,EM DRAINS: A communication from Mr. Ralph G, Amos. Jr.. 4322 Delray Street, No M.. requesting that the city pay the cost of digging up the sewer line on his property in the amount of $16T.76 since the lateral to the property is located approximately 18 feet from where it is nb,mn on the 5e~er Map in the Engineering Department and since it has been determined that an obstruction in the sewer line mas on city property, was before Council. On motion of Mr. Wheeler. seconded by Hr. Dillard and unanimously adopted? the request was referred to the City Manager for study, report and recommendation to Council. STREETS AND ALLEYS: A petition of Mr, Carroll D. Rea, Attorney, repre- senting the Community llospltal of Roanohe Valley, requesting that First Street, 5. E,. between Elm Avenue and Mountain Avenue; also, a 20-foot alley running north and south between Elm Avenue and Mountain Avenue. Se E*. parallel to Jefferson Street and First Street, be vacated, discontinued and closed, and that Council appoint five viewers to view said street and alley and report in writing whether in their opinion any, and, if any, what inconvenience would result from discontinuing the same. was before Council. On motion of Mr. Pollard, seconded by Mr. Dillard and unanimously adopted.![ the request was referred to the City Planning Commission for study, report and recommendation to Council, Mr. Pollard then offered the following Resolution appointing viewers: (=1483D) A RESOLUTION providing for the appointment of five viewers in connection with the application of Community Rospital of Roanoke Valley to perm- anently vacate, discontinue and close (1] that certain portion of First Street, $, E.. extending from the southerly side of Elm Avenue, S. E** to the northerly side of Mountain Avenue, S. E.t and (2) that certain alley extendin9 from the southerly side of Elm Avenuet S. E., to the northerly side of Mountain Avenue, So R** located between Jefferson Street and First 5treet, 5. E., and running parallel thereto, (For full text of Resolution, see Resolution Book No. 25, page Mr. Pollard moved the adoption of the Resolution. The notion was second by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Corn. Il. Oilla~rd, Pollard, Mebber, Mheeler, Young, and the President, Mr. Anderson ................................... 7. NAYS~ None .....................................O. POLICE DEPARTMENT: A communication from Mr. M. Frank Smyth~ Jrot Director Division of Corrections, Department of Welfare and Institutions, transmitting a report on an inspection of the police lockup made by the Division on Ray 29, 1962, wes before Council. On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the communication and report mere ordered flied. CITY JAIL: A communication from Mr, M, Frank Snyth, Jr** Director, Division of Corrections, Department of N, Irate and Institutions, transmitting a report on an inspection of the City Jail made by the Division on May 29, 1962, was before Council. Da motion of Hr. Dillard, seconded by Mr. Wheeler and unanimously adopted. the communication and report were ordered filed. In this connection, Mr. Young called attention to that part of the report stating that two Federal prisoners created a disturbance in the City Jail by destroying their bedding and flooding their cells, and moved that the City Manager be instructed to determine the exact amount of the damage done by these two Federal prisoners and to report back to Council with a view of taking necessary oction in an attempt to collect as much of the cost of said damages as possible from the Federal Government. The motion was seconded by Mr. Wheeler and unanimously adopted, SEWERS A~ STORM DRAINS: A communication from Mr. Albert Folden. 201 Maplelaun Avenue, N: E., again asking that flooding conditions at the intersection of Maplelawn Avenue and Link Street. N, E., be corrected, was before Council. On motion of Mr. Webber. seconded by Mr. Wheeler and unanimously adopted, the request was referred to the City Manager for investigation and report to TRAFFIC: A communication from Mrs. W. E. Matt,x, 1604 Wallace Avenue, N. E., requesting that a traffic light be installed at Orange Avenue and Eastern Avenue, N. E., was before Council. On motion of Dr. Cornell, seconded by Mr. Pollard and unanimously adopted, the request was referred to the City Manager for investigation and report to Council, REPORTS OF OFFICERS: AUDITS-CLERK OF THE COURTS: The City Manager submitted a written report, transmitting a report of the Auditor of Public Accounts of the Commonwealth of Virginia on an audit of the accounts and records of the Clerk of the Courts for the period March 5 - December 31, 1961. On motion of Mr. Pollard, seconded by Mr. Dillard and unanimously adopted, the report was ordered filed. CITY PROPERTY-PARKS AND PLAYGROUNDS: The City,Manager submitted a written report,~transwltting a request of.Graves-Humphreys, Incorporated, 1940 Franklin Road, S, M,, that.it be permitted to use city-owned land adjacent to its property for a parking lot. and adeising that he sees no objection to granting the request ir It is matin conflict wltb deed restrictions as to use of the land. On motion of Mr. Young, seconded by Mr. Dillard and unanimously adopted, the request was referred to the City Attorney for investigation and report to Council as to whether or not deed restrictions prohibit the use of the land in question for this purpose. LANDMARKS: The City Manager presented a written report, advisin9 that he has been informed by the Norfolk and Western Railway Company of its willingness to install a permanent bronze plaque located in the center of the Town of Dig Lick at no cost to the city at a point directly to the north of the existing American Express station, and recommended that an Ordinance be adopted consenting to the erection of the historical marker. Mr, Wheeler moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~1483g) AN ORDINANCE consenting to the erection of a historical marker locating the center of the Town of Big Lick as was established in the year 1074. WHEREAS, Norfolk and Western Railway Company has offered to erect on a certain 0,22 acre parcel of land leased by said company to the City under lease agreement dated July 26, 1940, a historical marker and bronze plaque locating the center of the Town of Big Lick as said town was established and incorporated by an Act of the General Assembly of Virginia approved February 28, 1674, as Chapter 80 of the 1074 Acts of Assembly, said 0.22 acre parcel of land being now bounded by the west line of 1st Street, N. W., the north line of Shenandoah Avenue, N. W., and the southerly line Of Centre Avenue, N. W** and being situate northerly and directly across Shenandoah Avenue from the location of the depot of the Atlantic, Mississippi and Ohio Railroad as mentioned in the aforesaid Act; and WtlEREAS, for historical purposes let it be known that the name of the Town of Big Lick was later, by an Act of the General Assembly of Virginia, approved February 3, I682, as Chapter 57 of the 1682 Acts of Assembly, changed to the Town of Roanohe, and its boundaries were extended; and, still later, by an Act of the General Assembly approved January 31, 1604, as Chapter 70 of the IG84 Acts of Assembly, the territory described in the aforesaid Act of 1602 was incorporated as the City of Roanoke and that area with its inhabitants has since continued as.one city and body politio, but enlarged in area and population by subsequent growth and boundary changes; and WHEREAS, this Council desires to give its formal consent and approval to the erection of the historical marker, above-mentioned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the said Council doth hereby give its full consent and approval to the erection by 853 3'54 Norfolk and Mestera Railmay Company of a historical marker and plaque on the 0,22 parcel of land bounded by 1st Street, N.,M** Shenandoah Avenue, N. M.. and Centre Avenue, ~. W** the same to locate the center of the Town of Dig Lick as said town mas established in the year 1874. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Wessrs. Cornell, Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr. Anderson ................................... 7. RAYS: None .....................................0. ALCOHOLIC BEVERAGES-TRAFFIC-MUNICIPAL COURT: The City Manager submitted written report that the 'implied consent law" enacted by the 1062 Legislature becomes effective July 10 1062, amd that the conditions of the lam are of such a nature that the city must employ additional personnel, which will necessitate the amending of Ordinance No. 1269§o adopted pursuant to Section 28 of the City Charter, jlauthorizing the Chief Municipal Judge to appoint not more than three members Of the ilpolice force and not more than three other city employees as deputy clerks Of the ilMunicipal Court, the City Manager estimating that tuo additional deputies will be In this connection, Mr. Leroy Moran, Attorney for the Commonwealth, !lappeared before Council and explained that the Uimplied consent law" calls for a i!Uommittin9 Magistrate which the City of Roanoke does not have and that he does not !know~hetber the three police officers who are serving deputy ilMunicipal Court are qualified to act in place of a Committing Magistrate. On motion of Mr. ~ebber, seconded by Mr, Dillard and unanimously adopted, !ithe matter was referred to the Attorney for the Commonwealth to obtain an opinion ifrom the Attorney General for the Commonwealth of Virginia as to whether or not the ipolice officers serving as deputy clerks of the Municipal Court are qualified to ila~t in the place of a Committing Ragistrate. AIRPORT: The City Manager submitted a written report, recommending that ilhe be authorized to advertise for bids for changes in Hangar No. 1 at the Roanoke Runiclpal Airport to provide for a Pilot s ! ' ' * Lounge and additional space for the [Weather Bureau and Radar Facilities at an estimated cost of $25,000, and, also, to iadvertise for bids for a new 12KV Power Service at an estimated cost of $17,000. ![ On motion of Mr. ~ebber, seconded by Mr. Mheeler and unanimously adopted, itbe City Manager was instructed to proceed with advertising for bids for the project, APPOINTMENTS-HEALTH DEPARTMENT: The City Manager submitted a written report, advising that he has appointed Dr. C. H. Hagenbuch and Mr. Arthur T. £11ett members of the Board of ltealth for a two-year term, effective JnlI 1, 1962. On motion of Mr. Rheeler, seconded by Mr. Young and unanimously adopted, the report mas ordered filed. SYREET LIGtlYS: The City Manager submitted a written report, recommending that 2500 lumen street lights be installed at the intersection Of Kentucky Avenue and Mess Side Boulevard, N. N** and at the intersection of Winsloe Drive and Hr. Mheeler moved that Council concur in the recommendation of the City nanoger nad offered the following Resolution: (x14040) A REsOLuTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution. see Resolution Hook Ho. 25. page 381.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by DF. Cornell and adopted by the f,Il,win9 vote: AYES: HessFs. CoFnell. Dillard. Pollard. Mebbero Wheeler. Young. and the President, #r, Anderson ................................... T, NAYS: Nooe .....................................O. REFU~S AND REBATEs-LICENSES: The City Manager submitted a written report, recommendin9 that the city accept $381027 in compromise settlement of a judgment against Mrs. Helen E. Vurnakeso formerly trading as Hanhattan Restaurant. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (ff14841) A RESOLUTION relating to the settlement of a certain Judgment of the City heretofore Obtained against Mrs. Helen E. Vurnakes, formerly tr/us Manhattan Restaurant. (For full text of Resolution, see Resolution Hook No. 25, page 3Gl.) 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, Webber, Wheeler, Young, and the .President, Mr. Anderson ................................... 7. NAYS: None .....................................O. FIRE DEPARTMENT: Council having previously referred to the City Manager a request Of the Garden City Civic League for a four-man company of full-time fireaen, a new fire station and a more modern fire truck in the Garden City area #itb instructions that he obtain from the National Board of Fire Underwriters a recommendation concerning the location of the site Of the proposed fire station, and that he ascertain the number Of fires in the Garden City area over the last five years and the damage sustained, also, the cost of operation of the volunteer fire department over the last five years as compared with the cost of constructing a new station and operating same, the City Manager submitted the following report: "Roanoke, Virginia June 18, 1962 To the City Council Roanoke, Virginia At our regular meeting on Monday, April 23, you received a communication from Mr. V. H, Garnand, President of the Garden City Civic League, requesting a meeting of Council to discuss the possibility of a four-man company of full time firemen, a new fire station, a modern truck and necessary equipment, I was directed to make a study of the cost and present the infor- mation to you, ,355 356 Daring the past five years the Garden City area bas hid hud 142 alarms and 12D actual fires, a total demage or $11,955.63, or an average annual ,loss or $2391. During the · .same period of time the cost of operating the department mhich includes salaries for volunteer men, Insurancee reeto heat, telephone, repairs and miscellaneous items Js $21,509o07, or an average annual operation of $4302, We estimate the operation of.a station of this type would he on initial cost of $116,233,40, with annual recurring expenses of approximately $50~000. This figure mill vary ten to twenty percent depending upon the personnel, expenses, utilities, repairs, etc. I am also attaching a letter from the National Board of Fire Underwriters. suggesting a possible site for a Fire station beta*em Danforth Avenue and £dington Road. In light of the foregoing information. I cannot recommend expenditures of these funds and would only suggest to you that if the recommendation is not acceptable that you refer this report to the Budget Commission for their consideration, Respectfully submitted. s/Arthur 5. Owens City Manager* In this connection. Mr. Charles N. Hancock appeared before Council and repeated the request of the Garden City Civic League that Council hold a night meeting to discuss the question with members of the Garden City Civic League. Mr. Ilancock pointing out that prior to the 1949 annexation the Annexation Court was told by the Fire Chief that the City of Roanoke proposed to build a neu fire statio] in the Garden City area and that the City Manager verified this statement when he took the witness stand. The City Manager replied that the City of Roanoke met the requirements Of the Annexation Court in. services furnished the area annexed to the city January 1. 1949. After a lengthy discussion of the question. Mr. Dillard moved that the matter be referred to a committee composed of Mr. Roy L, Webber, Chairman, Mr, Boy R. Pollard. Sr.. Mr. Robert A. Garland. Mr. Murray A. 5toiler and Mr. James E. Jones for study and report to Council. The motion was seconded by Dr. Corn, Il and unanimously adopted. SEWERS AND STOR# DRAINS: Council having previously referred a communi- cation from Mr. M. Po Newman. 2925 Rilllamson Road. N. K.. complaining of the flooding of his property by storm waters, to the City Manager for study and report. the City Manager submitted a written report, advising that whereas he is most sympathetic with Mr. Newman and understands his problem thoroughly, nevertheless, he knows of nothing that the city has accomplished which has caused this impoundment because it is in a low spot; therefore, due to lack of funds~ he can offer little encouragement in the way of solving this problem, and that his only recommendation to Council is that this, along with many other areas, be considered when drainage problems are studied at some future date. On motion of Rr, Pollard, seconded by Mr. Young and unanimously adopted, the report was accepted and ordered filed. STREKTS AND ALLEYS: Council having previously referred back to the City Manager'for consideration in the 1962 street paving program a request for improve- Bents to the 1700 and 1800 blocks of Colgate Street, N. R** he submitted a urltten report, advising that these blocks mere included in the original blacktopping program of the city rot 1962; homever, due to the fact that a mater line has to be installed in the street in 1962, the blacktopping thereof should be delayed until some subsequent date if and when Council sees fit to make necessary appropriations. ~ On motion of Mr. Pollard, seconded by Mro Mheeler and unanimously adopted ,! report of the City Manager mas accepted and ordered filed. ~i the STREETS AND ALLEYS: Council having previously referred to the City Manager a petition signed by 17 property owners on Stoneridge Road, S, Wu, express- Jag the opinion that the street should have been included in the cityts street paving program for 1962 and requesting that the matter be reconsidered, for study. report and recommendation, the City Manager submitted a mritten report, advising that the street was included in the 1962 street paving program and that the work has been accomplished. On motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted~ the report was ordered filed. !i STREET5 AND ALLEYS: Council having previously referred a petition signedli by 34 residents of Christian Avenue, N. ~., between Winsloe Drive and Hazelridge :~ Road, expressing the opinion that the street should have been included in the city's street paving program for 1962, to the City Manager for study and report, he sub- mitted a written report, advising that it is with sincere regret that he must inform Council that in his study of streets to be paved he did not consider this a top priority need; therefore, this street should be considered in future appro- priations of Council. On motion of Mr, Young, seconded by Mr, Wheeler and unanimously adopted, the report was accepted and ordered filed. STREETS AND ALLEYS-WAVER DEPARTMENT: Council having previously referred a communication from Mrs. Patsy Kelly, 2602 Hancock Street, N. E.. requesting that the street in front of her home he blacktopped, to the City Manager for investi- gation and report, he submitted a written report, advising that as soon as a temporary water line is removed street pavement restoration can be done, but that blacktopping of the street will be considered if and when Council appropriates money for paving in the future, On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the report Of the City Manager was accepted and ordered filed. BUDGET-CIVIL DEFENSE: .The CityManager submitted a written report that the Federal Government is requiring a 14-day fuel supply for emergency generating equipment in connection with Civil Defense communications facilities of the City of Roanoke before it mill participate in other Civil Defense operations of the city .357 358 on a matching basis, ·ad'that because of the fact that' this is · local construction proJect and It does not have the necessary engineering facilities to control and inspect sage, It hem asked the cJtyto do, this mork,,wlth the understanding that it mill reimburse the city 50~ of the cost, the City Hanager advising that the total estimated cost or installing fuel tanks on the emergency generating equipment to provide for a 14-day fuel supply is $11,448.00 and recommending that $$,724.00. representing the amount to be refunded by the Federal Government, be appropriated. Hr. ~heeler moved that Council concur in the recommendation of the City Homager and off. Fed the following emergency Ordinance: (~14042} AN ORBINANCE to amend and reordain Section ~?0, "Civil Defense,' of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 302.) NFo Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrso Cornell, Dillard, Pollard, Webber. Wheeler. Young, and the President. Mr. Anderson ................................... ?* NAYS: None ....~ ................................ O. B~GET-OEPARY#ENT OF PUBLIC WELFARE: Council having directed the City Attorney to prepare the proper measure amending the contract for professional pharmacist services to provide for an increase in the monthly fee from $275.00 per month to $325.00 per month, effective July 1, 1962. he submitted a written report that since January 1, lg60. these professional services have been rendered pursuant to a parole agreement, hence, to carry out the recommendation of the City Manager it is only necessary to adopt an Ordinance appropriating $300°00 to be used for such purpose. Or. Cornell moved that Council concur in the recommendation of the Clty Ranager and offered the following emergency Ordinance: (g14043) AN ORDINANCE to amend and reordain Section ~51, "City Physician, of the lg62, Appropriation Ordinance. and providing for an emergency. {For full text of Ordinance. see Ordinance Book No. 25. page 303.} Dr. Corn. Il moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the followingvote: AYES: Messrs. Cornell, Pollard. Webber. Wheeler, Young. and the President, Mr, Anderson .................................. 6o NAYS: Wro Dlllard ..............................1o ALCOBOLIC BEVERAGES-TRAFFIC: Yhe Assistant City Attorney'submitted the following report, advising that it Hill be necessary to repeal Section ?7..Chapter 1, Title XVIII. of The Code of the City of Roanoke. 1956, relating to the use of chemical analyses to determine alcohol in blood, effective June 29. 1962, because of the new "implied consent lam*: #June 6, 1962 The Coaacil of the City of Roanoke Gentlemen: Attention Is called to the fact that the recent General Assembly of ¥1rgiola In its enactment or Chapter 625 of the 1962 Acts of Assembly provided new'and couprehensive lawe applicable state-mlde, in the matter of the operation of motor vehicles by persons undeF the Influence of alcohol, dFugs or narcotics. The new lam has been commonly referred to as the Ulmplied~consent lama, The new law prescribes a detailed procedure to be employed by arresting officials In obtaining blood samples from certain persons charged with mdrunhen drivingw offenses and, by express terns, mahes the law appli- cable to offenses charged undeF local ordinances prohibiting ~dFunken drivJngW. Section 77 of Chapter 1, Title X¥III. of the City Code has, until now, made provision for the sampling of blood of therein prescribed will not be sufficient OF vulid after Chapter 625 of the 1962 Acts of Assembly becomes effective on June 29, 1962, We have conferred with the Commonwealth's Attorney regard- Jn9 the conflict which would exist between the local ordinance and the nam State law after the latter becomes effective. unless steps are taken to reconcile the two. This office has concluded that, since the new State law appears to pre-empt the field of lam in the matter of the makin9 of chemical analyses of blood in the above instances and is controlling in prosecutions brought for a violation of our City ordinance prohibiting "drunken driving", our local provision relating to the making of a chemical analysis of blood, set out in the Council a proposed ordinance which ~ould repeal section 77 of Chapter 1. Title XVIII~, of the aforesaid City Code as of the effective date of the new State law, and recommend its passage by the Council, Respectfully, s/J. N. Kincanon Assistant City Attorney" Mr, Wheeler moved that Council concur in the recommendation of the Assistant City Attorney and offered the following emergency Ordinance: (#14844) AN ORDINANCE repealing section 77 of Chapter 1, Title X¥III of The Code of the City of Roanoke, 1956, relating to the use of chemical analyses to determine alcohol in blood, to become effective June 29, 1962; and providing for an emergency. {For full text of Ordinance, see Ordinance Hook No. 25, page 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. CITY AUDITOR: The City Auditor submitted a monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencin9 May 1. 1962. end ended May 31. 1962. On motion of Mr. Wheeler. seconded by Mr. Young and unanimously adopted, the report was received and ordered filed. 359 360 STREETS AND ALLEYS: Council having previously referred · petition of Mr. John E. Zhornhill to vacate, discontinue and close that portion or original Melrose Avenue, N, M** adjoining Lots 1, 2 and 3, Block 25, Mashing*on Deigbts, to the City Planning Commission for study, report and recommendation, the GJty Plonnln~ Commission submitted a written report, advising that in considering the request the Planning Commission was Informed that the triangular strip of land Is a remnant of the former layout of Melrose Avenue and that mhile It is not necessary to be retalned as part of the right of way of Melrose Avenue It interferes with the better utilization of the lot abutting It on the south side, the Commission recommending that the portion of Melrose Avenue in question he vacated, discontinued and closed, provided that the requirements of the Engineering Department in regard to design standards, the provision of curb and gutter and traffic control can be observed, the Commission also advising that the city obtain a letter of agreement In which the petitioner declares his willingness to remove all equipment and appurtenances in the event that future widening of Melrose Avenue should become necessary. Mr. Nehber moved that a public hearing on the matter be held at 2 p.m., J~!y 16, 1962. The motion was seconded by Mr. Wheeler and unanimously adopted. ZONING: Council having previously referred a request of Mrs. Grace W. Taubman that her property located between Kerns Avenue and Floyd Avenue, S. west of the Norfolk and Western Railway Company Belt Line, described as Acreage, Nasena Corporation, Official Tax No, 1130611, be rezoned from General Residence District and Business District to Light Industrial District, the City Planning Commission submitted a written report, advising that after an inspection of the land, pertinent maps such as existing land use maps and zoning maps, it was found that the proposed lot constitutes a logical extension of an already existing ware- house district located in a light industrial zone, and the Planning Commission concluded that the proposed zone change is not detrimental to existtn9 adjacent residential development, but would permit the expansion of an existing warehouse facility, the Commission recommending that the request be granted. Mr, Webber moved that a public hearing on the matter be held at July 16, 1962. The ~otion was seconded by Mr. hheeler and unanimously adopted. ZONING: Council having previously referred a request of Mr. J. Gu*chin Hodges, et al., that a portion of a tract of land designated as Official Tax No. 3200101, which portion is located on the west side of Bollins Road, N. E., adjacent to the Northfield Addition, be rezoned from General Residence District to Light Industrial District. to the City Planning Commission for study, report and recom- mendation, the City Planning Commission submitted a mritten report, advising that it was learned that the owners have received several offers to use this land for warehouse purposes, that surveys and Yield inspections indicate that because Of the topography the northern portion of the lot is not suitable for development, that land east and west of the lot under consideration is subdivided and has approximatel 25 single family developments erected on it, that the Planning Commission also considered the recent industrial development along the Shenandoah Valley Division of the Norfolk and Western Railway Company and the potential change of character of this general area through the construction of Mhiteside Street, ns mell ns the need for industrial sites in the Clay of Roanoke, the Commission recommending that the request for fez*ming be granted. Mr, Webber moved that a public hearing on the matter be held at 2 July 16. 1962, The motion mas seconded by Mr. Mheeler and unanimously adopted, · ZONING: Council having previously referred a request of Mr, W, Price Fields that property located on the east side of Brambleton Avenue, S, W** south of Brandon Avenue, described os part of Lots 5 and 6, Block 1, Oak Bill. Official Tax Nos, 1260105 and 126OLO6, be rezoned from General Residence District to Special Residence District, to the City Planning Commission for study, report and recom- mendation, the City Planning Commission submitted a written report, advising that the proposed use of the land appears compatible with the residential development existing in the area and recommending that all of Lots 5 and 6 be rezoned from General Residence District to Special Residence District. Mr. Mebber moved that a public hearing on the matter be held at 2 July 16, 1962, The motion was seconded by Mr. Wheeler and unanimously adopted. REPORTS OF COMMITTEES: INSURANCE: Council haydn9 referred to a committee composed of Mr. Roy R. Pollard, Sr., Chairman, Mayor Willis M. Anderson, Mr. Denton O, Dillard and Mr. Arthur S, Owens for study, report and recommendation a request of The Nationwide Insurance Company Agency in Roanoke that Section 2, Chapter 1, Title VIII, of The Code of the City of Roanoke, 1956, be amended so as to provide for the separation and distinction between abe insurance coverage on real estate from the automobile insurance coverage of the City of Roanoke, and to permit a more equitablel distribution of the premiums on automobile coverage by offerin9 same to public bidding, the committee submitted a written report, recommending that bids be secured! on automobile liability insurance, on fire insurance on a three-year basis, or a combination of the two. Mayor Anderson submitted a minority report, advising that he is unable to agree sith the report Of the majority Of the committee respecting the city's insurance program, that administration of the program by an Insurance Advisory Committee resulted from an unsatisfactory condition that existed before the com- mittee was created and that since the committee came into being the present system has worked unusually mall and to the definite advantage of the city, that it is his opinion that the city has, at present, a well-coordinated and comprehensive insur- ance program at reasonable cost, and that the best interests of the city would be served by continuation of the present method of providing for the city*s insurance needs. Mr, Webber moved that the report be carried over until the next regular meeting of Council. The motion was seconded by Dr. Cornell and unanimously adopted. 361. 36'2 FIRE D£PARTM£HT: Council having previously received n report from n committee composed of HFo Roy R. Pollard, Sr,, Ehoirmon, Hr. John ¥, Brunn nnd Mr. Arthur Se Omens, recommending that the low bid of Hahn Botora, Incorporated, for furnishing one ?50.GPM Tripple Combination Fire Pumper and Body in the amount of $9,142.00, be accepted, and having received o telegram from the Oren Roanohe Corporation. deducting $950.00 from its original bid of $9,991,50 by eliminating deluxe extras, and having referred the matter buck to the committee for further study, report a~d recommendationo the committee submitted a written report, advisini that it has met a second time mith the various bidders and feels there is apparently some confusion in the bids and specifications, therefore, the committee is of the opinion that in fairness to the bidders all bids should be rejected and new bids called for at some later date. Rt. Hugh fl, Hbitlow, representing the Open Hoanohe Corporation. and Mr. Mo Clay Counts, representing Hahn Rotors, Incorporated, who were present at the meeting, insisted that the acceptance of their respective bids mould be in the best interest of the city. M~yor Anderson stating that he is reluctant to refuse to give the bidders an opportunity to present the merits of their equipment, but pointing out that the bidders have already discussed the matter once before Council and twice before the committee, Mr. Pollard moved that Council concur in the recommendation of the committee and that the matter be referred to the City Attorney for preparation of the proper measure rejecting all of the bids. The motion was seconded by Mr. Young and unanimously adopted. SCHOOLS-PARKS AND PLAYGROUNDS: Council having referred to a committee composed of Mr. Benton O. Dillard. Chairman. Mr. Arthur S. Owens and Mr. H. Cletus Broyles for tabulation, conference with the Roanoke City School Board and report to Council bids received for the construction of curb and gutter, paving of streets and new construction of streets at Shrine Hill in the vicinity of Patrick Henry School and Raleigh Court School, the committee submitted the following report: "June 15, 1962 To the City Council Roanoke, Virginia Members of Council: You referred to the below committee the matter concerning coo- struction of curb and gutter, and paving of streets at Shrine Hill in the vicinity of the new Patrick Henry High School. Attached hereto is a copy of the tabulation of bids, which bids were opened before City Council on Monday, June 4, 1962o The low bid was submitted by H ~ S Construction Company in the amount Of $28,760.00. Your committee discussed this matter with Superintendent Rush,on, Chairman Hawkins of the School Board, and other board members and school officials. As a result of this meeting, it was generally agreed that not only the work included in the bids should be accomplished, but that the work in connection with the large parking lot to the northwest of the school should also be accomplished at the same time. Based on the unit prices submitted by H ~ S Construction Company, this extra work amounts to $25,513.74. Attached is a copy of a letter from this firm agreeing to extend their contract, at the same unit prices as bid, for the sum of $25,513,74. This makes the total murk to be accomplished amount to $54,2?3.?4. Also attached is a letter from the S~hool Board proposing that this work be paid for on the basis of tug-thirds.cost from School Bond Funds and one-third cost be paid from the City's General Fund. It is recommended that the total project.be accomplished and that City Council concur in the School Board's proposed method of financing, Xt is further recommended that the contract be amarded to H ~ S Construction Company In the amount of $54,273,74, and that the sum of $54,292.74 be appropriated to corer this. contract and the $19.00 advertising cost. This cost ts to be divided on the basis of two-thirds cost to the School Board and one-third cost to the City General Fund. Yhis then makes $360195.16 to he taken out of the School Bond Fnnds and $18,097.58 from the General Fund, Respectfully submitted, s/Benton O, Dillard Benton O. Dillard, Chairman s/Arthur S, Owens s/H, Cletus Brovles B, Cletus Broyles, City Engineer" Mr. Nheeler moved that Council concur in the recommendation of the com- mittee and offered the following emergency Ordinance: (m14045) AN ORDINANCE accepting the proposal Of il 6 S Construction Company for construction of curb and 9utter, paving Of streets and new construction of streets at Shrine Hill; authorizing the proper City officials to execute the requisite contract; rejecting the other bid; and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 25. page 384.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. C.mall, Dillard, Pollard, Nebber, Wheeler, Young, and the President, Mr, Anderson .................................... NAYS: None .....................................O, Mr. Wheeler then offered the following emergency Ordinance appropriating $18,097.S8, covering the city*s share of the total cost of the improvements at Shrine Bill: (~14846) AN ORDXNANCE to amend and reordain Section ~142, *Transfer to Improvement Fund,* of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 25, page Mr, Wheeler moved the adoption of the Ordinance. Yhe motion ~as seconded by Dr. Cornell and adopted by the following vote: AYES: Bessrs. Cornell. Dillard. Pollard, Webber, Wheeler, Young, and the President, Mr, Anderson ................................... 7. NAYS: None ..................................... 368 364 At this point, Hr. Dillard left the meeting because of a previous engage- UNFINISDED BUS INESS: NONE. CONSIDERATION OF CLAIMS: NONE. INYRODUCYlON AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT-STATE HIGRRAYS: Ordinance No. 14824, authorizing the sale and conveyance to the Commonwealth of Virginia, Department of Highways, of a certain 7.43 acre parcel of land and two small easements tn the west clear zone for Runmay 5-23 at the Roanoke Runicipal Airport. having previously been before Council for its First reading, read and laid over, was again before the body; whereupon, Mr. Rheeler offered the following for its second reading and final adoption: (~14824) AN ORDINANCE authorizing the sale and conveyance to the Common- wealth of Virginia. Department of Highways, of a certain 7,43 acre parcel of land and two small easements in the west clear zone for Runway 5-23 at Roanoke Municipal Airport, upon certain terms and condit.ions.. (For full text of Ordinance. see Ordinance Hook No. 25. page 376,) Mr, Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs. Cornell, Pollard, Webber, Wheeler, Young, and the President Mr, Anderson .............................................. NAYS: None .....................................O. (Mr, Dillard absent) DEPARYMENV OF PUBLIC RELFARE: Council having directed the City Attorney to prepare the proper measure providing for the reactivation of a study program in Roanoke whereby the staff of the Roanoke Child Care Our.au and other Roanohe service will he utilized iu the study and evaluation of state wards being detained in the Roanoke Juvenile Detention Home after commitment to the State Hoard while awaiting state acceptance, said program to he for an experimental period of three months beginning July 1, 1962, he presented same; whereupon, Mr. Wheeler offered the following Resolution: (#14647) A RESOLUYION authorizing the proper officials of the Virginia Department of Welfare and Institutions to use the Roanoke Juvenile Detention Home as a center for the study of children held in detention there for an experimental period of three months, beginning July 1, 1962. (For full text of Resolution, see Resolution Hook No. 25, page 386.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Dr. Corn. Il and adopted by the following vote: AYES: Messrs. Corn. Il, Pollard, Webber, Wheeler, and the President, Mr. Anderson .................................................. 5o NAYS: Mr. Young ................................1. (Mr. Dillard absent) PARKS AND PLAYGROUNDS: Hr. Pollard offered the following emergency Ordinance accepting two deeds of easement donated to the City of Roanoke by the Norfolk and Res,em Railway Company, which easements will permit a continuance of Wiley Drive from its present terminus in a northerly direction towards Was.nm Park: ,:365 (m14846) AN ORDINANCE accepting *mo deeds of easement donated to the City by the Sor~olk and Western Ralluay Conpany~ and providing tot an emergency, (For full text of Ordinunce, see Ordinunce Book No, 25, puge 387,) Mr. Pollurd moved the udoption of the Ordinunce, The motion was seconded by Mr, ~ebber and udopted by the follomlng vote: AYF-% Nessrs, Cornell, Pollurd, Rebbev, Bheeler, Young, and the Presiden Mr, Anderson ..................................... 6, NAYS: Nome ............................O. (Mr. Dillard absent) MOTIONS AND MISCELLANEOUS BUSINESS: MATER DEPARTMENT: Mr. Pollard stated that an editorial in the local newspapers, calling attention to insanitary conditions at Carvlns Cove, prompted him to visit Carvins Core for an inspection, that he was surprised to find that despite the editorial the conditions complained of had not been remedied, and moved that the matter be referred to the City Manager for investigation, preparation of cost estimates to provide adequate sanitary facilities at Carvins Cove and to report back to Council. The motion was seconded by Dr. Cornell and unanimously adopted. PENSIONS: Mayor Anderson called attention to the fact that the term of Mr. S. M. Hudson as a member of the Board of Trustees of the Employees* Retirement System of the City of Roanoke will expire July 1, 1962, and called for nominations to fill the vacancy. Dr. Cornell placed in nomination the name of $. i. Iludson. Mr, Wheeler moved that the nominations be closed. The motion was seconded by Mr, Pollard and unanimously adopted. Mr. 5. M. Hudson was reelected as a member of the Board of Trustees of the Employees* Retirement System of the City of Roanoke for a term of four years beginning July 1, 1962, by the following rote: FOR MR. HUDSON: Messrs. Cornell, Pollard, Webber. hheeler, Young, and the President, Mr. Anderson ........................ 6. (Mr. Dillard absent) There being no further business, Council adjourned. APPROVED ATT~,~T: -~366 COUNCIL, SPECIAL REETINO, Thursday. June 28, 1962. The Council of the City of Roanohe met In special meeting la the Council Cbsmber in the Municipal Dullding, Thursday, June 28, 1962, nt 12, noon. rot the purpose or authorizing the acceptance oF a Grant Agreement from the United States or America. Federal Aviation Agency. for Project No. 9-44-012-12 at the Roanohe Municipal Airport, uith the President, Mr, Anderson, presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President. Hr. Anderson ....................... T, ABSENT: None ...........................O. OFFICERS PRESENT: Whittle° City Attorney. AIRPORT: Wayor Anderson stated that the purpose of this special meeting is to euthoFize the acceptance of a Grant Agreement from the United States of America. Federal Aviation Agency, for Project No. 9-44-012-12 at the Roanoke Municipal Alrport. Xn this connection. Council having at its meeting on June 18. 1962. adopted Ordinance No. 1483§, accepting the proposul of Adams Construction Uo~pany for bituminous overlay to strengthen Runway IS-33 and including rebuilding a portion of Taxiway S-23 at Roanoke Runicipal (Woodrum) AiFporto subject to the approval of the Federal Aviation Agency, the City R~nager advlsed that the City of the Urant Agreement for the project and inclusion of proper wage Fates in the Agreement for Project No. 9-44-012-12: (~i4B49) A RESOLUTION ratifying and adopting the City*s ProJect Appli- acceptance thereof; authorizing the City Clerk to attest such execution and to requisite certificates. (For full text of Resolution, see Resolution Book No. 2S, page ~?.} seconded by Mr. #heeler end adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ....................... NAYS: None .............................O. 367 Mayor Anderson advised Council that Mr. T. Lo Plnehett, Jr., Attorney, is present ~nd oosId like'to bring a matter before Council, but that since the special meeting of the body has been called for a specific purpose it uill require the unanimous consent of Council to consider any other matter. Mr. Webber objected to coeslderJng any other business at the present meeting, stating that his motion calling for the ~pecial meeting of Council mas for the specific purpose of accepting the Grant Agreement for ProJect No. 9-d4-O12-12. There being no further business, Council adjourned. AP'PROVED ATTEST: 368 COBNCIL, REGULAR MEETING, Monday, July 2, 1962. The Council of the City of Roanoke met in regular meeting in the Council Chaober in the Municipal aullding,.Monday, July 2. 1962, at 2 p.m,. the regular meeting, hour, with the President, Mr. Anderson, presiding, pRESENT: #essrs. Dillard, Pollard, Webber, Rheeler, Young, and the President, Mr. Anderson .................... ABSEA'~: Dr. Cornell ............. I. OFFICERS pRESENT: Mr. Arthur S. Owens, City Manager, Mr. Jaoes N. Klncanon, Assistant City Attorney. and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend J. M. Leggett, Retired Methodist Minister. MINUIES: Copies of the minutes of the regular meeting held on Monday, June 1§. 1962, and the special meeting held on Thursday, June 20, 1962, havin9 been furnished each member of Council, on motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the reading thereof mas dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: BRIDGES: Pursuant to notice of advertisement for bids for painting the Franklin Road Bridge, according to City of Roanoke specifications, Bid No. 1 covering all parts of rusted steelwork underside Of the bridge and on top of the bridge and light standards, and Bid No. 2 covering all parts of rusted steelwork underside of the bridge only, said proposals to be received by the City Clerk until 1:30 p.m., Monday. July 2, 1962, and to be opened at 2:00 p.m., before Council, Mayor Anderson asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like to ask, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the following bids: Davldow Paint and Wallpaper Company, Did No. I - $13,943.00, Uid No. 2 - $12.543.00; J. W. Hundley, Bid No. 1 - $14,707.00; and Economy Wall Paper Company. Bid No. I - $8,950.00, Bid NO. 2 - $8,300.00. On motion of Mr. Webber, seconded by Mr. Dillard and unanimously adopted, the bids were referred to a committee composed of Messrs. Arthur S. Owens, Chairman, City Manager, John L. Mentworth, Director of Public Works, and B. B. Thompson. Purchasing Agent. for tabulation and report to Council. ZONING: Council at its last regular meeting on June lB, 19~2, having continued a public hearing on the request of Messrs. Kostas Christ*fin and George J. Christ*fin that property located on the northeast corner of Wise Avenue and Fourteenth Street, S. £., described as Lots I and 2, Castle Corporation, Official Tax Mos. 421010q and 4210110, be fez*ned from General Residence District to Light Industrial District, ia order that members of the body might make a study of the property proposed to be fez*ned, the matter uaw again before Council. Councilmen Dillard nnd Follnrd both indicated that they have visited the business establishment in question since the last meeting or Council and that they found everything orderly and well supervised. Appearing in opposition to the proposed fez*ming mere the Reverend Allen Seuard, Pastor Of the Seventeenth Street Baptist Chapel, Hrs. Daffy J, Magan, Mrs. #illiam R. Owen, Hr. William D. Omen and Mr. Roy D. Grubb, the citizens again complaining of lack of adequate police protection and pointing out that activities at the business establ~ishnent in question have been quieter the last two weeks than they have ever been. Mayor Anderson pointed out that the question before Council is whether or not the property should be rezoned to permit improvements to the business establishment thereon and that the matter of whether said business is being properly operated is for the Police Department and the Virginia Alcoholic Beverage Control Board to decide. The Reverend Charles G. Fuller, Pastor of the First Baptist Church, who was present at the meeting, conceded that the rezontng request and the matter in which the present business establishment is being conducted are too separate things.i~ but asked Council to consider possible repercussions and implications from such rezoning for the purpose of enlarging the existing business. The City Clerk presented commanications from WFs. Eleanor H. Longnecker, Miss Margaret C. Dllrich and Mrs. Harry J. Hagan, opposing the request for rezoning and objecting to the lack of adequate police protection. Mr. Pollard stated that he still feels that the only matter before Council is One of rezoning property to permit improvements to the business establishment thereon and moved that Council concur in the recommendation Of the City Planning Commission that the property be rezoned from General Residence District to Light Industrial District and that a~ o:Jinance providing for the rezoning be placed upon its first reading. In a discussion of the motion, Mr. Dillard stated that he feels there are several arguments against the proposed rezoning, questioning rezoning the property to a Light Industrial District instead of a Business District as originally requested, which, in his opinion, Hill depreciate the value of surrounding residential property, and expressing the belief that although the request for rezoning has merit zoning laws were created to protect the people and the fact that the residents in the affected area are overwhelmingly opposed to the proposed rezoning should carry weight. The motion of Mr. Pollard failing to receive a second, it was lost and the request for rezoning was denied. 369 '370 Mt. John H. Menaett, Jr., Attorney, represeltlag, thepetltiouers for fez*ming, who wes present ut the meeting, asked if Council would consider adopting Ordinance providing for rezonlag the property to u Business District as originally requested, Ho member of Council offering such an amendment to the Ordinance as drafted, no action uas taken on the request. ROUSIRG-SLUM CLEARANCE: Council having at its meeting on June 19, 1961, adopted Resolution Ro. 14460, approving Redevelopment Plan - Amendment No. 2, Commonwealth Project, Roanoke. Virginia, dated May 25. 1961, Hr. Russell R. Henley, Executive Director, and Mr. Tom Stockton Fox, Attorney, City of Roanoke Redevelop- xent and II,using Authority, appeared before the body and presented a communication, together mith a certified copy of Redevelopment Plan - Amendment No. 2, Common- Health Project, Roanoke, Virginia. dated June 28, 1962. as approved by the Commissioners of the redevelopment and Rousing Authority, advisin9 that changes In the plan have been made as a result of adjustments by the Virginia Department of Highways for the Interstate Highway Spur Route SHI and include the following: 1. The residential area near the intersection of Third Street and Nilliamson Road has been adjusted to conform to the proposed final location of the Interstate Spur Route. Wells Avenue between Fourth Street and Second Street has been eliminated from the Plan. Thi~ ~ould have required an underpass at its intersection with Spur Route 581 which Has not approved by the State Highway Department. 3. BUlmer Avenue has been retained at the BUlmer Elementary School from Fourth 5treat westerly to its Intersection with the Interstate Spur Route. 4. Minor technical map changes not deemed necessary to be enumerated. In a discussion of the matter. Mr. Henley advised that the amended plan has received the approval of the Urban Renewal Administration. subject to the approval Of the Rousing Authority and Council. and that the Authority strongly recommends and respectfully requests that Conncil approve the amendment to the plan as presented. On motion of Mr. Young. seconded by Mr. Wheeler and unanimously adopted, the proposed amendment was referred to the City Planning Commission for study. report and recommendation to Council. Mr. Dillard then moved that the proposed amendment be referred to the City Attorney for preliminary consideration and conference with the Uousing Authority as to amending the Cooperation Agreement between the City of Roanoke and the Authority. The motion was seconded by Mr. Young and unanimously adopted. In this connection, Mr. Jack B. Coulter, Attorney, and Mrs. Cordelia S. Williams appeared before Council and expressed the hope that deeds will be given to the owners of residential property in the Commonmealth Project without undue delay. Mayor Anderson assured them that the city hopes to expedite the entire matter as much as possible. PETITIONS AND COMMUNICATIONS: LICENSES: A communication from Roanoke Tobacco Company, Incorporated, requesting that Section 3, Chapter 6, Title VI, Of the Code of the City of Roanohe, 1q$6, relating to the cigarette tax, be amended to authorize an official of the city to enter Into an arrangement mith tbe Department of Taxation under mhich a tobacco wholesaler who so desires may use a dual die in a meter machine to evidence the payment of both the city and state tax, as provided for in an amend- ment to the State Code by the lqb2 General Assembly, was before CouocJl. After a discussion of the matter, the Assistant City Attorney voicing the opinion that the City Code is broad enough to cover the request, Mr. Dillard moved that the matter be referred to the City Attorney for preparation of the proper measure designating the City Auditor to enter into such an arrangement with the Department of Taxation, if necessary. The motion was seconded by Mr. Young and unanimously adopted. REFUNDS AND RERATES-LICENSES: A communication from Mr. Clarence R. Dlankensbip, advising that he bas sold his filling station at 1302 Jamison Avenue, S. E., that the purchaser has obtained a merchants license for operation of the filling station for the balance of the year, and requesting that he be relieved of payment of the second half of his merchants license for operation of said filling station in 1962, Has before Council. On motion of Mr. Webber, seconded by Mr. Dillard and unanimously adopted, the request was referred to a committee composed of Mr. J. Robert Thomas, City Auditor, Mr. £. L. Smith, License Inspector, and Mr. Randolph G. Whittle, City Attorney, for study and report to Council. SEWERS AND STORM DRAINS: A petition signed by eight residents of the 2900 block of Ajax Avenue, ~. W., requesting that the street be blacktopped and steps taken to protect this block from the Overflow Of water from Fresno Street and Abbott Street, was before Council. On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the request was referred to a committee composed of Councilmen Benton O. Dillard, Roy L. Webber and Vincent S. Wheeler for investigation, study and report to Council. SEWERS AND STORM DRAXNS: A Resolution of the Board of Supervisors of Roanoke County, requesting that the contract between the City of Roanoke and the County of Roanoke, dated September 2~, 1954, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto approximately 532 acres of land southmest of the City Of Roanoke, in Roanoke County, located on both sides Of Brambleton Avenue, between Garst Mill Road and Colonial Avenue, from the city limits to the intersection of Brambleton Avenue and Cave Spring Road, Has before Council. On motion of Br. Young, seconded by Mr. Dillard and unanimously adopted, the request Has referred to a committee composed of Messrs. Roy L. Webber, Chairman, 371 37'2 Malter L. Toung, Arthur S. Owens and Randolph G. Mhittle for study, report and recommendation to .Council. ZONING: A coamunicatioa iron Mr. T. ,L. Plunket~, Jr** Attorney, representing Mr. G. Gordon Hunter, requesting that property located on the south side of Melrose Avenue, N. ~** nest of Thirtieth Street, described as Lots O and 9 and the easterly ten feet of Lot 7, H. E. Roberts Map, Official Tax Nos. 2530233, 2530234 and a portion of 2530232, be rezoned from General Residence District to Business District, nas before Council. On motion of Mr. Mheeler, seconded by Mr. Young and unanimously adopted, the request mas referred to the City Planning Commission for study, report and recommendation to Council. ALCOHOLIC BEVERAGES-TRAFFIC-MUNICIPAL COURT: Council at its meeting on Monday. June lO, 1962, having requested the Commonwealth's Attorney to obtain an opinion from the Attorney General for the Commonwealth of Virginia as to ~hether or not Police Officers serving as Deputy Clerks of the Municipal Court are qualified to act as Committing Magistrates in connection with the hem 'implied consent law,' a communication from the Commonsealth*s Attorney, transmitting copy of the opinion of the Attorney General. sas before the body, the opinion being as "The members of the police force upon being appointed deputy clerks of the Municipal Court of Roanoke, as established under Chapter 3q3, Acts of Assembly of 1955, are authorized to issue criminal warrants and processes within the jurisdiction, territorial and otherwise, of the municipal court. By reference to Section 27 of the Charter of the City (Chapter 216, Acts of 1952) it appears that the municipal court has jurisdiction over all misdemeanors committed within the city. The terms "Committing Justices' OF "Committing Magistrates* as used In Chapter 625, Acts of 1962, relate to any officer authorized to issue criminal warrants for violation of a state law. I am of the opinion, therefore, that police officers in the city Of Roanoke who are appointed and qualify as deputy clerks of the municipal court of that city are qualified to perform the functions of 'Committing Justices' or *Committing Magistrates' under the provisions of Chapter 625. Acts of 1962.* The City Manager advising that the city now has three Police Officers serving as Deputy Clerks of the Municipal Court.'that he believes six Mill be sufficient to carry out the implied consent las. but. if not. he Mill bring a request for additional deputies before Council at a later date, Mr. MebbeF moved that the matter of providing for six deputies be referred to the city Attorney for preparation of the proper measure. The motion was seconded by Mr. Dillard and unanimously adopted. BUDGET: A communication from MayorAnderson, advising that pursuant to the provisions of Section 33 of the Charter of the City of Roanoke he has appointed subject to the approral of Couocil, Messrs. Jonas G, Eller, Byron A. Hicks, Hamilton R. Redman and Julian H. Rutherfoord, Jr.. freehold citizens of the city, to serve as members of the Budget Commission for 1952, was before Council. Mr. Mebber moved that Council concur in the appointments made by the Mayor and that the City Attorney be directed to prepare the proper measure. The motion sas seconded by Mr. Dillard and unanimously adopted. 373 EEFONDS AND REBATES*LICENSES: A comaunicntiou from the Elols Graves Construction Corporation, requesting · refund of $1,342.98, representing so alleged overpayment of license fees end license t~xes during the years lg4q to 1955. inclusive, for a building contractorts license when the corporation was engaged in the business of a speculative builder uhich did not require a con,rector* license, ems before Council, On motion of Mr. Dillard, seconded by Hr. Mheeler and unanimously adopted,t the request wes referred to a committee composed of Messrs. J. Robert Thomas, City Auditor. C~airman, E. L.Smith, License Inspector, and Randolph G. Nbittle, City Attorney. for study and report to Council. ZONING: A communication from Mr. Jack D. Coulter. Attorney. representing Mr. and Mrs. Claude A. Hodges, submitting an amended request that property located on the west side of South Jefferson Street. south of Twenty-second Street. described as Lots 170 18, 19 and 20, Bloch bO. Crystal Spring, Official Tax Nos. 1051011. 1051010, 1051009 and 1051008. be rezoned from General Residence District to Special Residence District. Has before Council. On motion of Mr. Young, seconded by Mr. Mheeler and unanimously adopted, the amenJed request was referred to the City Planning Commission for study, report and recommendation to Council. ZONING: A communication from Mr. B. Caldwell Butler, Attorney, represent~ lng Kustom Homes, Incorporated, requesting that property located nt the southwest corner of Crystal Spring Avenue and'Twenty-fourth Street, S. W.. described as Lots 19 and 20, Bloch db. Crystal Spring. Official Tax No. 1052308, be rezoned from General Residence District toSpecial Residence District, was before Council. On motion of Mr. Nheeler, seconded by Br. Pollard and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. REPORTS OF OFFICERS: BUDGET-TRAFFIC ENGINEERING AND COMMUNICATIONS DEPARTMENT: The City Manager submitted a written report that the Appalachian Power Company has commenced construction to extend the electrical underground distribution system in downtown Roanoke ~hich will involve traffic signals at the intersection of Campbell Avenue and Third Street, S. R.; Salem Avenue and Second Street. S. M.; and Salem Avenue and Third Street. S. W., and that the estimated cost to change the traffic signals to underground operation is $5,500.00. covering materials and the underground duct work, the City Manager recommending that this amount be appropriated. Mr. ~heeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~14850) AN ORDINANCE to amend and reordain Section ~144, "Departmental Equipment and Improvements,# of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 25, page 592.) 37.4 Mr. Nheeler Bored the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the follouiag vote: AYES: Messrs, Dillard, Pollard, Nebber, Nheeler, Yoncg, and the President, Mr. Anderson ................ NAYS: None ...........................O. (Dr. Cornell absent) BUDDETopLANNING-PARES AND PLAYCROUh~S: Council having appropriated a total of $10,084.00 to Regional Aerial Survey under Section SlaO, *Planning Commission," of the 1962 budget, in connection with producing a topographic map of the Roanoke Valley regional area, the City Manager submitted a written report that a large portion Of the Mill Mountain Spar development is not covered by the contract which the Roanoke Valley Regional Planning Commission has with American Air Survey, Incorporated, and that the firm hasagreed to furnish the additional topographic coverage for $1,26B.00, the City Manager suggesting that the appropria- tion be made. Mr. Webber moved that Council concur in the report of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. AIRPORT: The City Manager submitted a written report, advising that the lease of Eugene B. Bass for a 2.435-acre tract of land at the Roanoke Municipal Airport, on which Mr. Bass conducts a portion of his house trailer court, expires o August 31, 1962, and recommended that the lease be renewed for a period of four years at the existing rate of $75.00 per month. Council being of the opinion that the land in question is worth more than $75.00 per month, Mr. Nebber moved that the matter be referred back to the City Manager to obtain a rental fee of $100.00 per month. The motion was seconded by Mr. Dillard and unanimously adopted. AIRPORT: The City Manager submitted a written report that the agree- ment between the City of Roanoke and the Federal Aviation Agency for furnishin9 heat, janitor service, water and sanitary facilities, and air conditioning to the FAA Flight Service Station quarters located in Airport Building no. I at the Roanoke Municipal Airport, at a monthly rate of $524.92, expired January 31, 1952, and recommended that a new service contract be entered into for a period Of seven years, effective February 1, 1962, at a monthly rate Of $500.49, as a result Of the space occupied by the Flight Service Station being reduced by one room. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Young and unanimously adopted. STATE HIGHWAYS-WATER DEPARTMENT: The City Manager submitted a written report that the Virginia Department of Highways has agreed to include in the contract for the construction of a portion of Interstate Route 5~1 a 5' x 4* box 37.5 culvert cs'a conduit for u future 20-inch meter main la Aspen Street, H.W., as a part of the proposed Delta! expansion program, at an estimated cost of $9.000.00, and recommended that he be authorized to enter into the necessary agreement with the Highway Department. In u discussion of the matter, Mr, Young tormented that a box culvert is rather expensive and moved that the question be carried over until the next regulal meeting Of Council, tbe City Hnnnger, in the meantime, to ascertain whether nr not the Virginia Department of Highways will agree to a steel pipe casing with a diameter slightly larger than the outer diameter of the Joints on the proposed water main in place of the box culvert. The motion was seconded by Hr. Wheeler and unanimously adopted. MATER DEPARTMENT: Council having previously referred to the City Manager for investigation, preparation Of cost estimates and report the matter of providing adequate sanitary facilities at Carvins Cove, the City Manager submitted a written report, advising that he has been informed by the Commissioner of Health that the recent difficulties with the toilets at Carvins Cove have been abated, that he has been informed by the Assistant Director of Parks and Recreation that each rest room will be painted after it has been cleaned and pumped, and that he has been informed by the City £ngineer that to provide comfort Stations, septic tanks and field drain for sewage disposal, drinking fountains and miscellaneous improve- ments will cost approximately $16.000.00. the City Manager pointln9 out that if this is accomplished such facilities should be placed at the top of the ridge behind the existing concession stand, in order that the flow from the septic tank may be channeled away from the ~ater supply. On motion of Mr. Wheeler, seconded by Mr.Dillard and unanimously adopted, the question of improving the sanitary facilities at Carvins Cove was referred to a committee composed of Dr. Charles M.Cornell, Chairman. Mr. Roy L. Webber and Mr. Nalter L. Young for study, report and recommendation to Council. CITY JAIL: Council having previously instructed the City Manager to determine the exact amount of damage done by two federal prisoners who created a disturbance in the City Jail by destroying their bedding and flooding their cells, with a View of taking necessary action in an attempt to collect as much of the cos~ of said damages as possible from the federal government, he submitted a written report, advising that the cost of the damage was $23.29, without deprecia- tion, and that be does not feel that the city should file a claim with the United States Bureau of Prisons concerning this loss. After a discussion of the matter, Mr. Young stating that at the time the incident was reported to Council he was of the impression that the amount of damage done was considerably greater, Mr. Webber moved that Council concur in the report of the City Manager. The motion was seconded by Mr. Young and unanimously adopted. 3.76 REPORTS: The City Manager submitted a written report, trnasmittlng a report of the Department of Public Melfare for the month of May, 1962o and listing monthly departmental reports on file in his office. On motion of Mr. Wheeler, secooded by Mr. Pollard and unaaimonnly adopted, the report mat ordered flied. STREETS A~H ALLEYS: Conncil having previously referred to the City Planada9 Commission for study, report and recommendation n request of the Commnnity Hospital of Roanoke Valley that First Street, S. Eo, between Elm Avenue and Mountain Avenue; also, a 20-foot alley running north and south between Elm Avenue and Mountain Avenue, S. E., parallel to Jefferson Street and First Street, be vacated, discontinued and closed, the City Planning Commission submitted a written report, advising that the proposed development of Orchard Hill as a community center site is in keeping mJth long-range development plans for the central section of the city, that since the hospital will utilize land presently located on both sides of First Street it appears feasible that by elimination of a portion of this street a unified building site can be obtained, and that the closing of First Street does not interfere with existing patterns of traffic and will not be detrimental to the remaining properties located on Orchard Hill, the Commission recommending that the street and alley in question be closed as requested. Council having also appointed viewers to report on the proposed street and alley closing, the City Clerk presented the report of the viewers, advising that after viewing the street and alley and adjacent neighborhoods they are unanimously of the opinion that no inconvenience would result, either to any individual or to the public, from vacating, discootinuing and closing same. Mr. Wheeler moved that a public hearing on the matter be held at 2 Monday, July 30, 1962. The motion was seconded by Mr. Pollard and unanimously adopted. AUDITORIUM: Council having previously referred to the City Planning Commission for study, report and recommendation a request of the Roanoke Junior Chamber Of Commerce that the Council of the City of Roanoke take immediate steps toward providing an auditorium and coliseum in Roanohe, the City Planning Commission submitted a written report, advising that the proposal of the Junior Chamber of Commerce ties in with the long-range development plan of the city and that its location in the Commonwealth Redevelopment area would be proximate to ~he downtown business district and the Interstate 591 Spur, and that the proposed plans coincide with the plans of the Commission as expressed on a development model displayed in the City Planning Department, the Commission endorsing the recommendations of the Junior Chamber of Commerce and recommending that the auditorium-coliseum be constructed in the Commonmealth Redevelopment area as proposed; also, that the Engineering Department make studies and negotiate with 377 the Virginia Deportment of Hlghmnys lu an atteopt to obtain an underpass under Interstate SOl Spur et Walker Avenue, in order to provide additional access to the auditorium-coliseum site. On motion of Mr. Webber, seconded by Mr. Dillard and unanimously adopted, the report Of the City Planning Commission mas carried over until the next regular meeting of Council. REPORTS OF COMMITTEES: INSURANCE: Council having carried over until its present meeting a majority report of Messrs. Roy Ro Pollard. Sr., Chairman. Benton O. Dillard and Arthur S. Owens and n minority report of Mayor Anderson, in connection uith the request of The Nationwide Insurance Company Agency in Roanoke that Section 2, Chapter 1, Title VIII, of the Code of the City of Roanoke, 1q55, be amended so as to provide for the separation and distinction between the insurance coverage On real estate from the automobile insurance coverage of the City of Roanoke. and to permit a more equitable distribution Of the premiums on automobile covernge by offering same to public bidding, the matter mas again before the body. In this connection. Mr. Alexander N. Apostolou, Attorney. representing The ~ationwide Insurance Company, appeared before Council. pointing out that the City Code charges the City Manager with the responsibility of handling the city's insurance coverage and that nowhere does he find any provision for the present Insurance Advisory Committee which is distributing the city*s insurance business, Mr. Apostolou contending that it Is ~nfair for the mutual companies to be limited to ten per cent of the city*s business and that their only request is to be given the opportunity to share equally therein. Mr. Robert E. Culler, representing the Allstate Insurance Company, stated that three mutual companies in the Roanoke area are excluded from participating in the Insurance Advisory Committee plan and that he feels they should be given an opportunity to participate in the city*s insurance program, that he is confident the city can purchase automobile insurance at less cost than it is paying now by calling for public bids. Mr. Reginald M. Wood, Chairman of the Insura~lce Advisory Committee. advised Council that the mutual companies receive more than ten per cent of the city*s insurance business, that the three mutual companies referred to by Mr. Culler were excluded from participating in the program because they were "direct writers", but that the State Farm Insurance Company, one of the mutual companies, is now participating in the program because it is no longer a direct writer, Mr. Mood voicing the opinion that when all of the pros and cons are weighed the city cannot improve on the present plan of handling its insurance. Mr. Robert M. Putnam, representing Insurance Associates, Incorporated, the mutual company representative of the Insurance Advisory Committee. explained that the difference between a direct writing mutual or stock company versus '378 companies who operate only through contract agents is that the lndepecdeat agents participating in the present program do act uorh for any company bnt represent companies of their choice by contract and own their business, mbereas, direct mriters own and control the business and the agents work for them, Mr. Putnam raising the question as to who mill provide the necessary supervision from a professional standpoint if the present program is changed. Mr. Julian H. Rutherfoord, Jr** representing the Rutberfoord Insurance Agency, stated that the plan has worked well in other cities and that he would Ilk to see it continued in Roanoke. Messrs. Paul S. Stamus and Nicholas P. Muager, representing the Nation- wide Insurance Company. spoke in favor of calling for public bids on the city's insurance. Mr. Milllam C. Garvey. Jr.. representing Investment Services of Roanoke, Incorporated; Mr. ~illiam ~. Long, representing the State Farm Insurance Company; and #r. Paul C. Agee, representing the Paul C. Agee Company, spoke in favor of retaining the present program. After a lengthy discussion of the matter, Mayor Anderson stating that he is concerned as to how the city can administer its insurance program without professional supervision, and Mr. Pollard voicing the opinion that the city will never know whether or not it can save money on its insurance program unless it obtains bids, Mr. ~ehber moved that the question be carried over until the next regular meeting of Council in order that a full membership may be present to consider the matter. The motion Has seconded by Mr. ~heeler and unanimously adopted. PAY PLAN: The committee appointed t~ consider certain provisions of the Pay Plan with regard to the Police Department and Fire Department submitted the following report: "Roanoke, Virginia June 21, 1962 The Honorable the Council of the City of Roanoke Gentlemen: At your regular meeting of February 19, 1962, you adopted Resolution No. 14719, authorizing and directing the City Manager to make proper adjustments of all inequities in the salaries of employees in the Police and Fire Departments Of the City under the Pay Plan that hare occurred since January 19610 which resulted from the freezing of salaries from Jan- uary I to July 1, 1961, and, also, from certain promotions made in the aforesaid departments. Subsequent to the adoption of that resolution and after the City Manager, in compliance therewith, had endeavored to carry out its provisions and make proper adjustments of all such inequities, you received a communication from Captain R. L. Stinnett, dated March 29, 1962, indicating that the purport of the aforesaid resolution had not been completely accomplished and that inequities still existed under the aforesaid Pay Plan. You also received a communication from the Wage plan Committee of the Roanoke Fire Fighters Association, dated March 30, 1q62, recommending (1) that one-half steps be abolished In the uni- formed police and fire service and (2) that the aforesaid 379 Resolution 14719 be revieued end the intent of Council, as therein embodied, clarified. Agreeable to the aforesaid com- munications. Fou referred these questions to the undersigned committee for study and report. Accordingly, your committee met and allowed each member of the Firm Department who claimed to bnve a grievance au oppartunitF to fully express himself concerning such alleged irreg- ularities and inequities in the Pay Plan resulting from the salary freeze of the Fear lqbl er any other alleged inequities that occurred in that calendar year. Thereafter, your committee fully considered all statements and information so brought to its attention. It unanimously agreed and. accordingly, hereby reports that, in your cummittee*s Judgment. the adjustments made effective as of January 1. 1962, mere in complete compliance with the letter and spirit of the aforesaid Resolution No. 14719 and of the Pay Plan and that, as of the date of this report, all employees of both departments have had their original anniversary dates restored in accordance with the Plan and that there now exist no inequities in the pay of any member of the Police er of the Fire Department thereunder. Your committee is further informed that ail similar so-called inequities, to those examined In the said two depart- ments, hare. also, been corrected for employees of all other City departments according to the Plan. Your committee further considered, at considerable length, the request of the Wage Plan Committee of the Roanoke Fire Fighters Association that one-half steps be abolished in the uniformed police and fire service as defined in the Pay Plan. And it was again unanimous in its agreement that such steps should not be eliminated since they authorize a desirable degree of flexibility in allowing salary increases under the merit system, mhJch is beneficial to both City employees and administration. Your committee, in its further study of the operations under the Plan, determined that inequities exist among certain groups of employees, other than members of the Police and Fire Departments, in that there are restrictions written into the Plan dealing with ingrade salary increases to such employees which require as much as ten years for them to reach the maximum of their respective pay brackets; whereas, members of the aforesaid Police and Fire Departments may receive the maximum of their pay brackets within four and one-half years. It is recommended that CouncilserJously consider eliminating those provisions of the Pay Plan that restrict such ingrade increases to all other employees of the City and thereby provide equal treatment to all employees. Respectfully submitted, 5/ Arthur S. Owens Arthur S. Owens, Chairman S/ J. Robert Thomas J. Robert Thomas S/ J. Y. Brown J. V. Brown 5/ F. B. Mebb F. B. Webb 5! Ran G. hhJttle Ran G. Mhittle# On motion of Mr. Nebber, seconded by Rt. Nheeler and unanimously adopted, the matter mas carried over until the next regular meeting of Council in order that a full membership may be present to consider the question. SEWER5 AND STORM DRAINS: Council having previously referred to a committee composed of Ressrs. Roy L. Webber, Chairman, Walter L. Young, Arthur Owens and Randolph G. Whittle for study, report and recommendation a request of the Yomn of Salem that the contract between the City of Roanoke and the Yown of 380 Salem, dated October 16~' 1953, dealing with the treatment of domestic and commercial uasteso be amended by adding thereto a 24.23-acre tract of land including Middleton Gardens Section 3 Subdivision, located Just north of the north corporate limits of Salem, the committee submitted a written report, recommending that the request be granted and the contract emended so ns to include' this additional area, Mr. Young moved that Council concur in the recommendation of the committee and offered the following Resolution: (u14051) A RESOLUTION amendin9 the contract of October 16, 19S3. between the City of Roanoke and the Town of Salem, dealing with the treatment of domestic (For full text of Resolution, see Resolution Book No. 25, page 393.) Rt. Young moved the adoption of the Resolution. The motion was seconded by Rt. Wheeler and adopted by the following vote: President, Rt. Anderson ......................... 6. NAYS: None ...........................O- (Dr. Cornell absent) SEWERS AND SYORM DRAINS: Council havin9 previously referred to a Roanoke and the County of Roanoke, dated September 26. 1954, dealin9 with the areas, it being pointed out that the report is not signed by the City Attorney. (#14052) A RESOLUTION amending the contract of September 28, 19S4. (For full text of Resolution, see Resolution Book No. 2S. page 394.) Mr. Dillard moved the adoption of the Resolution. The notion was seconded by Rr. Young and adopted by the followln9 vote: AYES: Messrs. Dillard, Pollard, gebber, Mheeler, Young, and the NAYS: None ...................O. (Dr. Cornell absent) SALE OF PROPERTY: A committee composed of Mr. Arthur 5. Ouens, City Manager, Mr. Randolph G. Mhittle, City Attorney. and Mr. J. Robert Thomas, City Auditor, submitted a written report, advising that it has received an offer from Mr. B. F. Stout to purchase city-owned property located on the south side of 381 Rorer Avenne, S. W.0 mest of Tmentieth Street, described ns Lot 1, Dlock 30, West End and Rlvervieu, Official Tax No. 1312708, at a price of $1,000.00, net cash; that the city secured this lot at e special commission sale for the sum of $300.00; that lots in the immediate vicinity of the lot in question have sold for $750.00, $250.00 and $000.00, respectively; therefore, the committee believes that $1,@00.o0 net to the city is reasonable and recommends the sale of said lot in accordance with the offer of Mr. Stout. Mr. Webber moved that Council concur ia the recommendation of the committee and that the matter be referred to the City Attorney for preparation of the proper measure. The motion mas seconded by Mr. Wheeler and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: LANDMARKS: Ordinance No. 14039, consenting to the erection of a historical marker locating the center of the Town of Big Lick as was established in the year 1074, having previously been before Council for its first reading, read and laid over, ~as again before the body. Mr. Mheeler offering the following for its second reading and final adoption: (~14039) AN ORDINANCE consenting to the erection of a historical marker locating the center of the Town of Big Lick as mas established in the year 1074. (For full text of Ordinance, see Ordinance Book No. 25, page 391.) gr. Wheeler moved the adoption of the Ordinance. The motion mas seconded by Ur. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Pollard. Webber, Wheeler, Young, and the President, Mr. Anderson ................. NAYS: None ...................O. (Dr. Cornell absent) AUDITORIUM: Council having previously directed the City Attorney to prepare a Resolution making application to the Community Facilities Administration of the Housing and Ilome Finance Agency for advance planning funds not to exceed $50.000.O0 with ~hich to have architectural plans prepared for a proposed auditorium and coliseum in the City Of Roanoke, he presented same; whereupon, Mr. Mheeler off.red the following: (g14053) A RESOLUTION authorizing filing of an application mith the United States of America for nn advance to provide for the planning of public morks under the terms of Public Law 560, §ard Congress of the United States, as amended. (For full text of Resolution, see Resolution Book No. 25, page 39T.) Mr. Wheeler moved the adoption of the Resolution. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Webber, Mheeler, Young, and the President, Mr. Anderson ................. b. NAYS: None ...................O. (Dr. Cornell absent) 38'2. FIRE DEPARTWEh~: Council having previously directed the City Attorney to prepare n Resolution rejecting all bids received for furnishing one ?SO CPM Triple Combination Fire Pumper and Body, he presented sane; whereupon, Mr. Wheeler offered the following: (e14854} A BESOLUTIO~ rejecting all bids received for supplying one rite pumper and body. (For full text of Resolution, see Resolution Book No. 25, page 399.) Wt. Wheeler moved the adoption of the Resolution. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Ressrs. Dillard, Pollard, Webber, Wheeler. Young, and the President, Mr. Anderson ......................... 6. NAYS: None ...........................O. (Dr. Cornell absent) ROTIONS AND MISCELLANEOUS BUSINESS: RECREATION DEPARTMENT: Council having previously adopted a Resolution authorizing Don and Dick's Drive-In. 1419 Hollins Road. ~. E.. to hold teenage hops on its parking lot on Saturday evenings during the months of May, June. July and August between the hours of ?:30 and 11:30 p.m., on an experimental basis, the Reverend H. R. Thompson, Pastor of the Victory Baptist Church. appeared before the body and presented a petition signed by sixty-three citizens of the Rollins Road section, requesting relief from the noise emanating from loud speakers used in connection with the hops. After a discussion of the matter, Mr. Webber moved that the question be referred to the City Manager for study and observation dnring the next four weeks and report back to Council. The notion was seconded by Mr. Wheeler and unanimousll adopted. There being no further business, Council adjourned, APPROVED ATTEST: Clerk 383 COUNCIL, REGULAR MEETING, Monday, July 16, 1962. The Council of the City of Roanoke met in regular meeting in the Bastings Courtroom in the Municipal Building, Monday, July 16, 1962, at 2 p.m., the regular meeting hour, with the President, Mr, Anderson, presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Mebber. Mheelero and the President, Mr. Anderson .................... ABSENT: Mr. Young ...............1. OFFICERS PRESENT: Mr. Arthur S. OMens, City Manager, Mr. Randolph G. Whittle, City Attorney, and Mr. Jo Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by Mr. Vincent Wheeler, Vice Mayor, MINUTES: Copy Of the minutes Of the regular meeting held on Monday. July Z, 1962, having been furnished each member Of Council, on motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: AIRPORT: Pursuant to notice of advertisement for bids on the remodeling of Hangar No. ! and extension of the existing lean-to at the Roanoke Municipal Airport, said proposals to be received by the City Clerk until 1:30 p.m., Honday, July 16, 1962, and to be opened at 2:00 p.m., before Council, Mayor Anderson asked if there was anyone present who did not fully understand the advertisement, if there ~as anyone present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like to ask, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the following bids: S. Lewis Lionberger Company, $24,250.00; Matts and Breakell, Incorporated, $19,990o00; and J. H. Fralin and 5on, $22,175.00. On motion of Mr. Wheeler, seconded by Mr. Webber and unanimously adopted, the bids were referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Arthur S. Owens, Marshall L. Harris and H. Cletus Broyles for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. ZONING: Council having previously set a public hearing for 2 p.m., July 16, 1962, on the request of Mrs. Grace W. Taubman that property located between Kerns Avenue and Floyd Avenue, S. W., west of the Norfolk and Western Railway Company Belt Line. described as Acreage, ~asena Corporation, Official Tax NO. 1130611, be rezoned from General Residence District and Business District to Light Industrial District, the matter was before the body. 384 At the request of Hzyor Anderson, the City Clerk rend the report of the City Planning Comalssion, recomaendlng that the request for rezonlng be granted. Mr. Harvey S. Lutlns, Attorney, representing the petitioner, appeared before Council end outlined plans for the development of the property if the rezonlng request is granted, Hr. Lutlns asking that the body concur in the recommendation of the City Planning Commission znd rezone the property us requested. No one appearing in opposition to the proposed rezoning, #r. Mheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (ZI4H55) 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. RHEREAS, application has been made to the Council of the City of Roanoke to have that property located between Kerns Avenue and Floyd Avenue. S. M,, west of the Norfolk and Restern Railway Company Belt Line. described as Acreage. Wasena Corporation. Official Tax No. 1130611. rezoned from General Residence District and Business District to Light Industrial District; and WiiEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from Deneral Residence District and Business District to Light Industrial District; and WH£R£AS, notice required by Title XY, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in "The Roanoke World-News,# a newspaper published in the City of Roanoke. for the time required by said section; and WREREAS. the hearing as provided for in said notice was held on the 16th day of July, lqb2, at 2 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 rezoning; and MIIEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE 1Y ORDAINED by the Council Of the City Of Roanoke that Title XV, 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 between Kerns Avenue and Floyd Avenue, S. W., west of the Norfolk and Nestern Railway Company Belt Line, described as Acreage, Wasena Corporation, d~si§nated on Sheet 113 of the Zoning Map as Official Tax No. ll30bll be, and is hereby, changed from General Residence District and Business District to Light Industrial District and the Zoning Rap shall be changed in this respect. The motion,nas seconded by Mr. Pollard and adopted by the following vote AYES: Messrs. Cornell, Dillard, Pollard, Mebber, Wheeler, and the President, Mr. Anderson ................. 6. NAYS: None ................... O. (Mr. Young absent) 38:5 ZONING: Council having previously set o public hearing for 2 p.m., July 16. 1962. on the question or resorting property located on the east side of Drambleton Avenue, S. R** south of Brandon Avenue. described ns Lots 5 and 6, Block 1. Oak Rill, 0rficlal Tax Ros. 1260105 and 1260106. from General Residence District to Special Residence District, la connection uith a request or Rt. N. Price Fields that the aoutherly 50 feet or Lot 5 and the northerly 50 feet or Lot 6 be resorted to a Special Residence District. the matter was before the body. At the request of Rayor Anderson. the City Clerk read the report or the City Planning Commission, recommending that all of Lots 5 and 6 be resorted to a Special Residence District. Mr. T. L. Plunketto Jr., Attorney, representing the petitioner, appeared before Council and outlined plans for the development of the property if it is resorted, Mr. Plunkett asking that the body concur In the recommendation of the City Planning Commission and rezone Lots S and 6. No one appearing in opposition to the proposed resorting, Dr. Cornell moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~14056) 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. ~HEREAS, application has been mode to the Council of the City Of Roanoke to have that certain property located on the east side Of Drombletoo Avenue, S. ~., south of Drandon Avenue, described as the southerly 50 feet Of Lot 5 and the northerly 50 feet of Lot 6, Block 1, Oak Hill, and further designated as parts of Official Tax Nos. 1260105 and 1260106, rezoned from General Residence District to Special Residence District; and WHEREAS. the City Planning Commission has recommended that all of Lots 5 and 6 be resound from General Residence District to Special Residence District; and WREREAS, notice required by Title IV, Chopter 4, Section 43. Of The Code or the City Of Roanoke, 1956, relating to Zoning. bas been published in *The Roanoke Norld-News,w a newspaper published in the City Of Roanoke, for the time required by said section; and RDEREAS, the hearing as provided for in said notice was held on the 16th day Of July, 1962, at 2 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 aA against the proposed resorting; and WHEREAS, this Council, after considerin9 the evidence presented, Is of the opinion that the hereinafter described land sh5uld be resound. TREREFORE, DE IT ORDAINED by the Council of the City of Roonoke that Title XV, Chapter 4, Section l, of The Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the following particular and no other, rtz.: 386 Property located on the east side of Dreebletoe Avenue, $..M., south of Breudon Avenue, described es Lots 5 and 6, Nlock 1, Otb Dill, end designated on Sheet 126 of the Zoning Dep as Official Tax Dos. 1260105 end 1260106, be. end is here~y, changed from,General Residence District to Special Residence District and the Zoning Nap .shall be changed in this respect. The notion was seconded by Mr. Pollard and adopted by the following vote: AYES: Dessrs. Cornell. Dillard. Pollard. Webber, Dheeler, end the President, Mr. Anderson ................ 6. NAYS: None ...................O* (Mr. Young absent) ZONING: Council having previously set a public hearing for 2 p.m.. July 16 1962. on the request of Mr. J. Cutchin ~odges. et ~l...that a portion of a tract of land designated as Official Tax NO. 3280101, which portion Is located on the lwest side of Dollies Road. N. E.. adjacent to the Nortbfield Addition. be resorted from General Residence District to Light Industrial District. the matter was before the body. At the request of Mayor Anderson. the City Clerk read the report of the !iCity Planning Commission, recommending that the request for rezoning be granted. Mr..Jack D..Coulter. Attorney, representing the petitioners, appeared before Council and outlined plans for the development of the property if the requqst for rezoning is granted, Mr. Coulter asking that Council concur in the recommendatio i!of the City Planning Commission and rezone the property as requested. No one appearing in opposition to the proposed rezoning, Mr, Wheeler moved that Council concur in the recommendation Of the City Planning Commission and that !{the following Ordinance be placed,upon its first reading: (m14057) 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 Roanohe to have that certain unimproved property located on the west side of Dollins Road (Virginia Route No. 115), being the easterly portion of the parcel shown as "Acrea* Tinker Creek" on the Map of Northfield Addition recorded in Map Rook 1, page gg, and being a part of the property bearing Official Tax Number 3280101, rezoned from General Residence District to Light Industrial District; and WHEREAS. the City Planning Commission has recommended that the hereinafter described land be rezoned from General Residence District. to Light Industrial District; and WHEREAS, notice required by Title IV. Chapter 4, Section da, of The Code of the City Of Roanoke. 1956, relating to Zoning, h~s been published in "The Roanoke World-Neus." a nesspaper 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 16th day of July, 1962, at2 p.m., before the Council of the City of Roanoke, at which 387 hearing ell parties in interest end citizens were given an opportunity to be heard both for and against the proposed rezoning; and HHEREAS, 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 XY. Chapter 4, Section 1, of The Code of the City of Roanoke, 19S6. relating to Zoning, be amended and reenacted in the following particular and no other, viz,: Property located on the west side of Dollies Road (Virginia Route No, liS) described as the easterly portion of the parcel shown as "Acreage-Tinker Creek" on the Hap of Northfield Addition recorded in Hap Book I. page 99, designated on Sheet 328 of the Zoning Hap as Official Tax No. 32BOIOl, be, and is hereby, changed from General Residence District to Light Industrial District and the Zoning Map shall be changed in this respect. The motion was seconded by Rt. Pollard and adopted by the following vote: AYES: Messrs. Corn*Il, Dillard, Pollard, Webber, Hheeler, and the President, Rt. Anderson ................. NAYS: None ...................O. (Hr. Young absent) STREETS A~D ALLEYS: Council having previously set a public hearing for 2 pom., July 16, 1g62, on the request of Mr. John E. Thornhill that that portion of original Melrose Avenue, N. W*, adjoining Lots 1, 2 and 3, Block 25, Washington Heights, be vacated, discontinued and closed, the matter was before the body. In this connection, the City Clerk presented a communication from Mr. W. Courtney King. sr., Attorney, representing the petitioner, advising that the request has now been abandoned by Mr. Thornhill. Dr. Corn*Il moved that Council concur in the withdrawal of the request for closing a portion of Melrose Avenue. The motion was seconded by Mr. Pollard and unanimously adopted. INSURANCE: Council at its last regular meeting having carried over until the present meeting the question of calling for bids on the city's insurance, in order that a full membership might be present to consider the subject, the matter · as again before the body. Mr. Young being absent, Mr. Webber moved that the matter be carried over until the next regular meeting of Council. The motion was seconded by Mr. Wheeler and adopted, Mr. Dillard voting no. RECREATION DEPARTMEN~-PARKS AND pLAYGROUh~S: Mr. Walter N. Spencer appeared before Council and presented a petition signed by twenty-two property owners and residents on Dudding Street, Windsor Avenue and Devon Road, S. M., facing or in the immediate vicinity of Raleigh Court Park, requesting that all baseball diamonds in Raleigh Court Park, except the one which has been in the parkfor maul years, be eliminated and discontinued at once and that football not be allowed to be practiced or play*din the park; '388 .3..89 Hr. lheeler moved the adoption of the Resolution· The motion was seconded by Mr. Pollard and adopted by the following vote: AY£S: Ressrs. Coraell, Dillard, Pollard, Webber, Wheeler, and the President, Hr. Anderson ................. NAYS: None ...................O. (Hr. Young absent) SEWERS A~D STOR# DRAINS: A Resolution of the Dnard of Supervisors of Roanohe County. requesting that the contract betueen the City of Roanohe and the County Of Roanoke, dated September 20, 19S4o dealing with the treatment of domesti and commercial wastes, be amended by adding thereto 149.72 acres of land located south of Orange Avenue (D. S. Route 460), east of Vintnn Road, N. E** north of · King Avenue, N. E., and west of Virginia Route 653, was before Council. On motion of Hr. Wheeler, seconded by Hr. Pollard and unanimously adopted, the request was referred to a committee composed of Wessrs. Roy L. Webber. li Chairman, Walter L. Young, Arthur S. Owens and Randolph G. Whittle for study, report and recommendation to Council. INVITATIONS: A communication from the American Municipal Association, inviting the members Of Council to attend the 39th Annual American Municipal Congress to be held in Philadelphia, Pennsylvania, August 25-29, 1962, was before Council. On motion of Mr. Pollard, seconded by NV. Wheeler and unanimously adopted, the communication was ordered filed. AUDITORIUM: Council having previonsly referred to The Citizens' Committe for Greater Roanoke for study, report and recommendation the recommendation of the Roanoke Junior Chamber of Commerce that an auditorium and coliseum be constructed in the Commonwealth Redevelopment area, a communication from Mr. Stuart T. Sauflders Chairman, advising that the committee, with only one dissenting vote, wholeheartedl approved the report and recommendations of the Junior Chamber of Commerce, was before Council. On motion of Mr. Webber, seconded by Mr. ~heeler and unanimously adopted, the communication was received and ordered filed. REPORTS OF OFFICERS: BUDGET-CITY JAIL: ?he City Manager submitted a written report, recommend lng that $1,O00.00 be transferred from Food Supplies to Repairs under Section · Jail,' of the 1962 budget. In a discussion of the matter, the City Manager advised that the Repairs account has been overdrawn $94.OO to date due to items of an emergency nature, including repairs several times to the elevator, replacement of a worn out sink, concrete that was poured in the pipe chase between the cell block, and other minor items connected with the remodeling of the City Jail which were not included in the contract. Messrs. Cornell and Dillard protesting that the continued expenditure Of funds in connection with the operation Of the City Jail should be investigated, 390 Mr, Webber moved that th~ matter be referred bach to the'City Manager for prepara- tion of an itemized list of the repairs for uhich the additional $1,400,00 appropriation il requested, The'motion u~s seconded by Or,'Cornell and unanimously adopted, BUDGET-LIBRARIeS: The Cl~y Manager submitted a uritten report, trans- mitting a request of the Library Director that $30?.50 be appropriated to provide for the employment of extra help to fill the vacancy created by the retirement Of the Assistant at the Galosh*r* Branch Library due to disability, said Assistant being entitled to sick leave until September 2, 1962. Mr. Webber moved that Council concur in the request and offered the foil*ming emergency Ordinance: (~14§59) AN ORDINANCE to amend and roordain Section ~121, *Libraries** of the 1962 Appropriation Ordinance, and providing for an emergency. i! (For full text of Ordinance, see Ordinance Book No. 25, page 400.) i Mr. Webber moved the adoption of the Ordinance. The motion was seconded !by Dr. Cornell and adopted by the following vote: President, Hr. Anderson ........................... NAYS: None .............................O. (Mr, Young absent) BUDGET-COUNCIL: The City Manager submitted a written report, pointing !iout that the General Assembly at its last session increased the salary of the Mayor ilannumo effective September 1, lg62, which will require an appropriation of $1.100.0~ Mayor a total appropriation Of $1,200.00 for the members Of Council, the ilthe City Manager recommending that the appropriations be made. After a discussion of the matter, Mr. Dillard voicing the opinion that ;iltbe matter should be tabled until the first of the year, and the majority of Council being of the opinion that the action of the General Assembly should be complied with, Dr. Cornell moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~14U50) AN ORDINANCE to amend and reordain Section ~1, *Council,u of the 1962 ApPropriation Ordinance. and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 25, page 401o) Dr, Cornell moved the adoption of the Ordinance. The motion was seconded by Wr, Webber and adopted by the follo~ing vote: AYES: Messrs. Cornell, Pollard. Webber, Wheeler, and the President, Mr. Anderson ..................................... 5. NAYS: Mr. Dillard .................... 1. (Mr. Young absent) BUDGET-HUSTINGS COURT-CIRCUIT COURT-LAW AND CHANCERY COURT: The City Manager submitted a written report, advising that the General Assembly at its last session increased the salaries of the judges of the three state courts to $14,500.00 391 each, effective July 1o 1962, which will require appropriations of $500.00 to the salary of the Judge of the Hustings Court, $305.75 to the salary of the Judge of the Circuit'Court and $500,00 to the salary of the Judge of the Law and Chancery Court, in order that the city may pay the state its pro rata share of the salary lncrenses, the City Manager recommending that the appropriations be sade, Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~14861) AN ORDINANCE to amend and reordain Section n20, WDustings Court,' Section ~21, *Circuit Court** and Section a22, 'Law and Chancery Court** of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 401,) Mr, Dillard moved the adoption of the Ordinance. The notion was seconded by Mr, Rheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, ~ebber, Nheeler, and the President, Mr. Anderson ........................... 6. NAYS: None .............................O. (Mr. Young absent) BUDGET-PLANNING DEPARTMENT-PARKS AND PLAYGROUNDS: The City Manager sub- mitted a written report, recommending that $600.00 be transferred from Kages. Labor Force under Section g94. USewer Maintenance." to Salary. Extra Employees under Section ~130, "Planning Co~lssion,' of the 1962 budget~ in connection with the preparation of a regional recreation and open space plan for the Mill Mountain Spur development. Dr. Cornell moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (a14862) AN ORDINANCE to amend and reordain Section ~94, *Sewer Main- tenance,' and Section al30, "Planning Commission,' of the 1962 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 25, page 402.) 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. Nebber. ~heeler, and the President, Mr. Anderson ........................... 6. NAYS: None .............................O. (Mr. Young absent) STREET LIGHTS: The City Manager submitted a written report, recommending that street lights be installed at the dead end of the 900 black of Shadeland Avenue, N. Wo. and in front of the Victory Baptist Church at 929 Indiana Avenue. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (a14863) 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, pare 403.) ~392 XF. Pollerd moved the nd,priori of the Resolution. The motion was seconded by Dr, Coroell and adopted by the follouing vote: AYES: Xessrs. Cornell. Dillard. Pollard. Mebber. Mb*cleF. and the President, Mr. Anderson ........................... NAYS: None .............................O. (Mr. Young absent) STATE-HISHMAYS-SYREETS AND ALLEYS: The City Manager Submitted a written report, together with the following communication from the City Engineer. recom- mending that necessary steps be taken to provide for the future extension of Nineteenth Street. N. M., from Huff Lane across the proposed Interstate Route 581 Spur to Andrews Road: *INTERDEPARTHENT COMMUNICATION DATE: July 12. lg62 ~0: Mr. Arthur S. Omens. City Manager FROM: H. Cletus Droyles. City Engineer As you know. for many years we have talied and planned for the extension of 19th Street across the Huff Property. From a planning point of view. this connecting thoroughfare is necessary for the fat.re growth and development of this portion of the City. Certainly it w,aid he short-sighted on the part of the City to permit the Interstate Spur to be constructed math,ut providing some means of getting across the Spur between Hersbberger Road and 10th Street. The present plan of Interstate 591 does not call for any means of crossing between these two points. In discussing this matter with the Department of Highways. they have taken the position that unless there is an actual and usable road at this location, no facilities for getting across the Interstate Road will be provided; therefore, as far as the State is concerned, the only way to get an underpass provided is to take steps to open the road immediately. Attached hereto is a copy of a letter dated July 11. 1962 from Mr. John CUFF. one of the Executors and lrustees for the P. Huff Estate, agreeing to dedicate a 70 foot wide right of way across their property, together with the right to make slopes beyond the right of way limits, and a $10.000.00 contribution toward the construction of the road. Also attached is a copy of my letterdated June 3. 1962 to Mr. Cart. reference to which is nad* in Mr. Carr*s letter. Since this is planned as a major thoroughfare road. our Zraffic and Engineering sections feel that this road should be con- structed to provide for four (4) lane traffic, math a design of two (2) 26 foot roadways separated by a 4 foot median with curb and gutter on each side. The estimated cost of this road from Huff Lane to 19th Street and Andrews Road. a distance of 4500 feet. is approximately $126,000.00. As can be seen from Mr. Carr*s letter, his offer is conditioned upon the City accepting his proposition by October 1. 1962. and further that the road would be completed from Huff Lane to Andrews Road by the time the Interstate Road is opened to traf- fic. which in my judgement would not he before two (2) years from now. In order to satisfy the requirements of the Department of Highways. it is suggested that the City accept Mr. Carr*s proposal, that the City Manager be authorized to negotiate with the owners to acquire right of way across the roy and Slumber Property and the Matts Property. and that the City Manager also be authorized to advertise for bids for the grading and con- struction required to complete approximately half of the project providing a roadway width of 26 feet. including a 2 foot gutter. It Is estimated that this portion could be accomplished for about S?0.000.00 making the City's cost $60,000.00 and using the $10o000,00 contribution made by the Huff Estate. The cost of completing the road could be included in the 1963 or 1964 Budget, It should be pointed out that the ?0 foot ulde right of may across the Ruff Property amounts to approximately 4.3 acres and represents a value of approximately $13.000.00. It is further recommended that City Council immediately authorize the City Manager to negotiate mith the Department of Highmays in an effort to get an underpass included in the Interstate 501 Project. s/ H, Cletus BroTles City Engineer HCB:cb Attachments APPROVED s/ John L, Mentworth Director of Public Morks" In a discussion of the matter, Mr. H. Cletus Hroyles, City Engineer, stated that if the city wants to extend Nineteenth Street it is now or never, that once the Interstate 591 Spur is constructed it will be too late. Mr. Dillard pointed Out thnt the proposed route of Nineteenth Street will destroy a number Of valuable homes and also pointed out that Tenth Street, N. should have priority over the proposed Nineteenth Street extension since the city has been committed to the widening and improvement of Tenth Street for some time. Mayor Anderson concurred with Mr. Dillard that the city is already co~mitted to other projects. Dr. Cornell voiced apprehension as to the total cost of the proposed project and stated that he feels Council should he furnished with a cost estimate for the entire project before it proceeds any further. Mr. Webber pointed out that if Nineteenth Street is extended from Huff Lane it will increase traffic in the vicinity' of the Huff Lane School. In this connection, the City Clerk presented the following communication from the City Planning Commission: 'July 13, 1962. The Honorable Willis M. Anderson, Mayor. and Members of City Council, Roanoke, Virginia. Gentlemen: The city planning commission in its July Il, 196~ meeting, heard a presentation by the City Engineer, Mr. H. Cletus Broyles, who pointed out the need for the construction of a connecting street linking the Milliamsou Road with the Villa Heights section of the city. It mas learned that this street would constitute an extension of lqth Street extending from Monroe Junior High School to the eastern portion of Huff Lane School near Round Hill. The John Nolen Land Development Plan, adopted by city council on June 10, 1929, includes the proposal for the construction of this highway. After studying pertinent information in regard to thoroughfare planning and proposed land use, the city planning commission concluded that this proposed development would be most desir- able and should be accomplished as soon as possible. The enclosed map shows the approximate location of the proposed highway. '394 The city planning commission recommends to city council to approve this project nnd direct the engineering department to assemble the right-cf-way and obtain cost estimates for construction. Respectfully submitted, s/ Rerner E. Sensbach for Harold W. Hill, Chairman. CC: Mr. Arthur S. 0mens, City Wanager. Enclosure** After a further discussion of the matter, it being pointed out that If the proposed extension of Nineteenth Street connects U. 5. Route 460 and U. S. Route 11 the project might be eligible for federal fonds. DF. Cornell moved that the matter be referred bach to the City Manager to ascertain whether or not the project is eligible for federal funds and to obtain a cost estimate for the project. The motion was seconded by Hr. Wheeler and unanimously adopted. DONATIONS-STREETS A~ ALLEYS: The City Manager submitted a written report, advising that Ernest O. Howard, Sr** and Myrtle P. Il*ward have offered to donate 197.58 square feet of land on the west side of Maycrest Street, N. W., to the City Of Roanoke, in order that the street may be straightened and widened at its intersection with Round Top Road, the City Manager recommending that the offer be accepted. Mr. Wheeler moved that Council concur in the recommendation of the City Hanager and offered the followin9 emergency Ordinance: (n14§64) AN ORDINANCE providing for the acquisition of a lgT.SH square foot parcel of land on the west side of Maycrest Street. N. W., for street widening purposes; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 403.) Mr. Wheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Webber and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard. Webber. Wheeler, and the President, Mr. Anderson ........................... NAYS: None .............................O. (Mr. Young absent) In this connection, Hr. Webber moved that the City Manager be instructed to write a letter to Mr. and Mrs° Howard, expressing the appreciation of the city for their generous donation. The motion was seconded by Mr. Wheeler and unanimousll adopted. PAY PLAN-REGISTRAR: The City Manager submitted a written report, advising that a sulary increase for the City Registrar from. Croup Il, Step 4, at $335.00 per month, to Group 11, Step 4 1/2, at $345.00 per month, was inadvertently omitted from Resolution No. 14706, approving increases in salaries and wages into management control rates under the Pay Plan. and recommending that the salary increase be approved. Mr. Webber moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Wheeler and unanimously adopted. 395 POLICE DEPARTMENT: The City Manager submitted a~mritten report, advising that he has been requested by the Superintendent Of Police to permit a member of the police force to be present at the J. Lo C. Medley Boys Camp during the summer months, and recommending that Chapter 1, Title XI, of The Code of the City of Roanoke, 1956, be amended by adding thereto Section 9, permitting one member of the police force to serve as Director at the Camp during the summer months for a period not to exceed thirty days each. After a discussion of the matter, Mr. Dillard objecting to police offlcer1 serving in private enterprise on city time and other members of Council expressing the opinion that helping under-privileged boys could be a protection against future criminals, Dr. Cornell moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~148h5) AN ORDINANCE amending Chapter l, of Title XI, of The Code of the City of Roanoke, 19Sh, relating to the police force of the city, by the addition Of a new section authorizing the granting of certain leaves Of absence to members of the city police department; and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 25, page 404.) Dr. Cornell moved the adoption of the Ordinance. The notion was seconded by Mr. Webber and adopted by the following rote: AYES: Messrs. Cornell, Pollard. Mebber, Wheeler, and the President, Mr. Anderson ..................................... NAYS: Mr° Dillard .....................1. (Mr. Young absent) INDUSTRIES-SEWERS AND STORM DRAINS: The City Manager submitted a written report, recommending that he be authorized to secure bids on furnishing sewer facilities to Building ll-C of the Roanoke Industrial Center (formerly owned by the American Viscose Corporation) for the purpose of establishing the cost thereof. In this connection, the City Manager submitted a verbal report that Burlington Industries, future tenant of Building II-C, has halted its plans for moving into the building during August. Mr° Webber moved that Council concur in the recommendation of the City Manager and that he be authorized to advertise for bids on furnishing sewer facil- ities to Building ll-C of the Roanoke Industrial Center, if and whenapproprtate. The motion was seconded by Mr. Wheeler and unanimously adopted. RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Council having previously referred to the City Manager a request of the Citizens Protective Association and the Peoples Voters League that adequate shelter and toilet facilities be furnished in Eureka Park, that more benches be placed in the park and that the fence around the tennis court be repaired, for a cost estimate and to report to Council as soon as possible, he submitted a written report, advising that if new adequate shelter and toilet facilitiesare provided in Eureka Park the cost would be approximately $7,500.00 for a unit comparable to that in Thrasher Park; that additional benches .396 hove been placed in the parki that the fence around the teneis court has been repalredl end that it mill cost epproxiuately $2,800.00 to repair the existing house and picnic shelter In the park, After a discussion of the matter, Mr, Webber pointed out that perhaps the city could purchase one of the dwellings in the Eureha Path area and convert It Into a community center and moved that the question be referred back to the City Manager to explore this possibility. The notion was seconded by Dr, Cora*ii and unanimously adopted, SENER5 A~D STORM DRAINS: Council having previously referred to the City Manager for investigation and report a request of Mr, Albert Fold*no 201Maplelawn Avenue, N. E., that flooding conditions at the intersection of Raplelawn Avenue and Link Street, N. E., be corrected, he submitted n written report, advising that it mill cost approximately $22,500.00 to correct the situation. On motion of Mr. Webber. seconded by Mr. Nheeler and unanimously adopted, the matter mas referred to the Budget Commission for its consideration. TRAFFIC: Council havin9 previously referred to the City Manager for investigation and report a request of Mrs. R. E. Mattox, 1604 Wallace Avenue. M. that a traffic light be installed at Orange Avenue and Eastern Avenue, M. ~** he submitted a written report, advising that the traffic volume on £astern Avenue does not justify a traffic light at Eastern Avenue and Orange Avenue, M. £** but that a *Stop* sign has been installed on the southeast corner Of this intersection which should improve the situation. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the report was ordered filed, AUDITORIUM: Council having previously requested the City Manager to ascertain the cost of acquiring a triangular portion of land in the Commonwealth Redevelopment Project bounded on the north by Orange Avenue, on the east by William- son Road and on the west by the future Interstate 91 Highway Spur, containing approximately 22 1/2 acres, and also to ascertain whether Or not the City of Roanoke Redevelopment and Housin9 Authority mill give the City of Roanoke a six months* option on said land, plus an additional six months, if necessary, he submitted a mritten report,.advising that he has been informed by the Mousing Authority that the Authority intends to grant an option to the city on terms agreeable to the city and to the Authority, subject to approval of the Urban Renewal Administration; however, before this can be done, appraisals of the land, which are now in process, will have to be completed. Ix this connection, the City Manager having been requestedby Councilman Pollard to furnish members of Council a map showing the city-omned land east of the Commonwealth Redevelopment Project and private property required for an. auditorium and coliseum, the City Manager submitted the folloming report: 397' #Roanoke, Virginia July 16, 1962 To the City Council Roanoke, Virginia Members of Council: During Council meeting of July 2, 1962, discussion mas centered around the possibility of securing land to the east and south of the area outlined by the Junior Chamber of Com- merce, as an alternate for the location of an auditorium. In furtherance of your suggestion. I have developed two areas for comparative purposes. The area outlined in red encompasses 31 acres, It Js bounded on the west by 4th Street, east by ?th Street, on the south by Shenandoah Avenue and north by Rutherford Avenue. There are 204 houses which mould have to be razed. The average sale of property in the area during the past ten years bas been about $3,000 per unit. In this area there is a differential in 9rede elevation of approximately 30 to 35 feet, A second section developed encompassed by blue would be approximately 21 acres, bounded on the north by Harrison Avenue, on the south by Shenandoah Avenue. west by 4th Street and on the east by Seventh Street, which encompasses 21 acres and 155 homes. The average sale during the past 10 years of comparable property has been slightly under $3.000. There are 9rude eleva- tions with a differential of approximately 17 to 18 feet in this area. It should be pointed out that this area is the location of the cityts incinerator, near 6th Street and 6ilmer Avenue. The re-routing of Kimball Avenue, the awareness of the incinerator, the relocation of property owners and the element of time, plus other unknown cost must all be considered in comparing this with the estimated $550°000 for the site needed in the Redevel- opment and Gousing Authority Project. The estimated cost of clearing either the area in red or blue is ia excess of $44,000 per acre. Respectfully submitted, s/ Arthur S. Owens City Manager~ On motion ~f Mr. Webber. seconded by Mr. Wheeler and unanimously adopted, the reports were ordered filed for future consideration. STATE I]IGIlWA¥S-MAT~R DEPARTMENT: Council having previously directed the City Manager to ascertain whether or not the Virginia Department of Highways will agree to a steel pipe casing in place of a 5* x 4* box culvert as a conduit for a future 20-inch water main in Aspen Street, N. W., under the proposed Delray expan- sion program, in its contract fo~ the construction of a portion of Interstate Route 581, he submitted a written report, advising that if a steel pipe casing is used in place of a box culvert an additional 24-inch pipe casing will be necessary for future use, the installation of the two 24-Inch steel pipes being estimated at $10,234.84 as compared with the original estimate of $9,000.00 for the box culvert. Mr. Young being absent. Mr. Wheeler moved that the matter be carried over until the next regular meeting of Council. The motion was seconded by Mr. Pollard and unanimously adopted. TRAFFIC-ALCOHOLIC BEVERAGES: The Assistant City Attorney submitted a written report, recommending that Sections ?8 and 79, Chapter 1, Title IVIII, of The Code of the City of Roanoke, 1956, providing penalties for conviction of the offense of drunken driving and relating to the suspension of convicted persons" 398 driver's licenses, be emended to harmonize mith the hem State lam, and that Section 79 (b) Include a provisioo for the penalizing of nny person found guilty of operating a motor vehicle during the time for mhlch his cperntor't license has been suspended as a result of driving a motor vehicle xhlleunder the influence of alcohol or a narcotic drug, Rfc Dillard moved that Council COnCUr in the recommendation of the Assistant City Attorney and offered the following emergency Ordinance: (u14866) AN ORDINANCE to omend and reordnin section 78 of Chapter 1 Title XYlll, of The Code of the City of Roanoke, 1956, prescribing certain penalties to be imposed upon conviction of the offense of driving or operating an automobile landcertain other vehicles while under the influence of alcohol or narcotic drug; Ilamending and reordalning section 79 of the aforesaid chapter and title, providin9 Ifor the forfeiture of the driver*s or operator's license of persons convicted as aforesaid, for the suspension of sentence in certain cases, and prohibiting driving iior operating an automobile and certain other vehicles after forfeiture of a driver*s !ior operator's license, and prescribing certain penalties therefor; and providing for an emergency. (For full text of Ordicance, see Ordinance Book No. 25, page 405.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded ilby Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, and the President, Rt. Anderson ........................... NAYS: None .............................O. (Mr. Young absent) ZONING-HOUSING-SLUM CLEARANCE: Council having previously referred to the i!City Planning Commission for study, report and recommendation Redevelopment Plan - Amendment No. 2, Commonwealth Project, Roanoke, Virginia, dated June 28, 1962, the i!City Planning Commission submitted the following report: mJuly 12, 1962. The Honorable Willis M. Anderson, Mayor, and Members of City Council, Roanoke. Virginia. Gentlemen: In its July 11, 1962 meeting, the city ~lanning commission considered the proposed Amended Redevelopment Plan No. Commonwealth Project, to determine whether it conforms to the general development plan of the city. The city planning commission studied the appropriate maps on major highways and proposed land development, such as the interim 9uideplan for major thoroughfares,, the comprehensive plan of 1929 and the land development model shomin9 the Commonwealth area and surrounding lands. After thorough investigation of all tho factors involved and due consideration of established plan- ning principles, the city planning commission concluded that the proposed Amendment NCo 2 to the Commonwealth Project is consistent with the general plan of the city of Roanoke. In conside'ration of one detail of the proposed Amended Plan, the planning commission found that it mould be most desirable to retain Walker Avenue as an access street to the Commonwealth area from the west. This street was determined as essential ia regard to the proposed public use (auditorium-coliseum) in the Commonwealth area. 'i399 The city planning commission therefore recommends that the Redevelopment Plan Amendment No, 2. Commonmealth Project, Roanoke, Virginia. be approved, encept that provisions should be made to retain Walker Avenue between Second and Third Streets as the western access to the Commonwealth area, Respectfully submitted, s/ Werner K, Sensbach for HarOld W, Illll, Chairman. CC: Mr. Arthur S, Owens, City Wanager.u In a discussion of the matter, Mr, C, Fred Hangus, Chairman, and Mr, Russell R, Benley, £xecutive Director, who were present at the meeting, advised that if provisions are made to retain Walker Avenue, N. £,, between Second Street and Third Street, in the amended plan, the modification will have to be sent to the Federal Housing and Home Finance Agency in Philadelphia and Rushing*on for approval and then brought back to Council again for final approval, Hr. Mangus stating that the Housing Authority feels Council should approve the plan ns sub- mitted and that later on if Jt wants to amend the plan to include Walker Avenue !this can be done. Council bern9 of the opinion that the plan should be approved as submitted,l Hr. Webber offered the following Resolution: (~14867) A RESOLUTION approving Redevelopment Plan -Amendment No. 2, Commonwealth Project, Roanoke, Virginia, dated June 28, 1962, as requested by the City of Roanoke Redevelopment and Housing authority; findin9 that said Amended Redevelopment Plan conforms to the General Plan of the City; recognizing that fur- ther Federal financial assistance ~Jlt be necessary to complete the Project; recognizing that certain further official action, in the pre~lses, will be required of this Body; and recognizing that it will be necessary for said Authority to file a proper application for further financial assistance for said Project with the Federal Housing and Ho~e Finance Agency. (For full text of Resolution, see Resolution Book No. 25, page 40?°) Hr, Webber moved the adoption of the Resolution, The motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Hessrs, Corn*Il, Dillard, Pollard, Webber. Wheeler, and the President, Hr. Anderson ........................... NAYS: None ....................~ ........ O. (Mr. Young absent) ZONING: Council having previously referred to the City Plannin9 Cam- mission for study, report and recommendation a request of Hr. and Mrs, Claude Hodges that property located on the west side of South Jefferson Street, south of Twenty-second Street, described awL*ts 17, lO, 19 and 20, Block bO, Crystal Spring, Official Tax Nos. 1051011, 1051010, 1051009 and 1051000, be rezoned from General Residence District to Special'Residence District, the City Planning Commission submitted the following report: #July 13. 1962, The Honorable Willis M, Anderson,. Mayor,' and Members of City Council, Roanoke, Virginia, Request of Mr, and Mrs, Claude A, Hedges that property located on the west side of South Jefferson Street, south of Twenty-second Street, Offlcial Tax no, IGSIOII, 10S1010, IOS1009 and 10S1008, be rezoaed from General Residence District to Special Residence District, Gentlemen: The city planning commission In its July 11, 1962 meeting, considering the above rezonin9 request, mas informed by Mr, Jack 8, Coulter, attorney for the property owners, that plans have been drawn to develop the properties for apartment use, The first project is intended as a two story structure containing 10-12 apartments, In studying pertinent maps and after a survey of the area, the planning commission noted that the lots are surrounded on three sides by Special Residence District and that the adjacent land is developed already for apartment type residential use, The city planning commission therefore concluded that the proposed multi-family use would be consistent wlth the existing land use and mould not he detrimental to other residential properties in the area, The city planning commission expressed their concern about the very intensive use of the land by constructing 10-12 apartment units on an 80 x 150 foot lot, which is suitable to accommodate the maximum of six apartments. Also, the question of inadequate off-street parking was raised and the omners were urged to make every effort to provide parkin9 away from the curb in the manner consistent with the requirements of the engineering departmento However, since the request before the planning commission dealt only with thechange of land use and not with the intensity of land development, the planning commission concluded that the proposed use for apartment houses is acceptable, Therefore, the planning commission recommends to city council that the request be granted and the above mentioned lots be rezoned from General Residence to Special Residence District, Respectfully submitted, s/ Werner K. Sensbach for Harold W. Hill, Chairman. CC: Mr, Arthur S, Owens, City Manager." Mr, Wheeler moved that a public hearing on the matter be held at 2 p,m,, l[August 13. 1962. The motion was seconded by Mr. Webber and unanimously adopted. ZONING: Council having previously referred to the City Planning Commissio ifor study, report and recommendation a request of Rnstom Homes, Incorporated, that ilproperty located at the southwest corner of Crystal Spring Avenue and Twenty-fourth ;Street, S. W., described as Lots lg and 20, Block 45, Crystal Spring, Official Tax }/ n s e 1 pt. ii "July 13, 1962. The Honorable Willis R. Anderson. Mayor, and Members of City Council, Roanoke. Virginia, RE: Request o'f Kustom Homes, Incorporated. that property located at the southwest corner of Crystal Spring Avenue and Twenty-fourth Street, described as Official Tax No, 1052308, be rezoned from General Residence District to Special Residence District. Gentlemen: In its July 11, 1962 meeting, the city planning commission studied the above request und found that the proposed development for apartment buildings is consistent with the past development in 401 this general area, In particular, the land use survey discloses that most of the land lu the blocR located across the street has recently been developed for apartment use, The. planning commission concluded that the proposed use would not be detri- mental to the surrounding properties and would be compatible with the existing land use, The city planning commission therefore recommends to city council to grant the request for rezoning, Howerert the planning commission members again expressed their concern over the intensity of use on~ 80 x 150 foot lot. The land area of 12,000 square feet is suitable for only six apart- ments in order to assure light, air ventilation, prJyacy and off-street parking. Respectfully submitted, s/ Merner K, Sensbach for Harold M, Hill, CC: Hr. Arthur $, Owens, City Manager,# Mr. Mheeler moved that a public hearing on the matter be held at 2 p,m,, August 13, 19B2, The motion was seconded by Mr. Webber and unanimously adopted. ZONING: Council having previously referred to the City Planning Com- mission for study, report and recommendation a request of Mr. C. Gordon Hunter that property located on the south side of Melrose Avenue. N. M., west of Thirtieth Street. described as Lots O and 9 and the easterly ten feet of Lot 7, H'. E. Roberts Map, Official Tax Nos, 2530233, 2530234 and a portion of 2530232, be rezoned from General Besidence District to Business District, the City Plannin9 Commission submitted a written report, advising that after studying pertinent information and maps and after consideration of the recent zone change to Business District for a discount store located on Melrose Avenue and Thirty-first Street, the Commission concluded that the proposed development for a Post Office building would be con- sistent with the apparent trand of development on Melrose Avenue and should therefore be considered as a compatible use, the Commission recommending that the request be granted. Mr. Mheeler moved that a public hearing on the matter be held at 2 p.m., August 13, 1962. The motion was seconded by Mr, Webber and unanimously adopted. CITY AUDITOR: The City Auditor submitted a monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencing June 1, 1962, and ended June 30, 1962. On motion of Hr. Mheeler, seconded by Mr. Pollard and unanimously adopted the report was ordered filed. REPORTS OF COMMITTEES: BRIDGES: Council having previously referred bids for painting the Franklin Road Bridge to a committee composed of Messrso Arthur S. Owens, Chairman, submitted a writtenreport, recommending that the contract be awarded to the Economy Hall Paper Company, in the amount of Dr. Cornell moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (a14868) AN ORDINANCE accepting the proposal of Economy Mall Paper Company for painting Franklin Road Bridge; authorizing the proper. City officials to execute the requisite contract; rejecting all other bids; end providing for un (For full text of Ordinance, see Ordinance Door Wo, 25, page 409,) Dr, Cornell moved the adoption of the Ordinance, The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Momars, Cornell, Dillard, Pollard, Webber, Wheeler, and the President, Hr. Anderson ........................... 6. NAYS: None .............................O. (Mr. Young absent) PAY PLAN: Council at its last regular meeting having carried over until the present meeting the report of a committee appointed to consider certain pro- visions of the Pay Plan with regard to the Police Department and Fire Department, in order that a full membership of Council might be present to consider the question, the matter was again before the body. Mr, Young being absent, Mr. Webber moved that the matter be carried over until the next regular meeting of Council, The motion was seconded by Mr, Wheeler and adopted, Mr, Dillard voting no. PAY PLAN: Council having previously appointed a committee composed of Messrs, Willis M, Anderson, Chairman, Benton Oo Dillard and Walter L, Youn9 to review executive salaries of Council appointees, the committee submitted the following report: "July 13, 1962 The Honorable the Council of the City of Roanoke Your Committee, appointed under provisions of Ordinance No, 14300 (pay plan), has reviewed executive salaries of Council appointees in accordance with the provisions thereof. Based upon our review, we recommend that the following executive salaries be increased in the Council control rates and that they be effective on July 1, 1962. Bandolph C. Whittle, City Attorney Increase from step 4 to step 5 B. T. Fitzpatrick, Chief Municipal Judge Increase from step 4 1/2 to step 5 1/2 R. L. Quarlea, Municipal Judge Increase from step 3 1/2 to step 4 1/2 We further recommend that the City ManagerSs salary be increased to $17,000.00 effective July 1, 1962. s/ Benton O, Dillard (Disapprove) Benton O. Dillard s/ Walter L. Young Walter L, Young s! Willis M. Anderson Willis M. Anderson, Chairman* On motion of Mr. Dillard, seconded by Mr, Pollard and unanimously adopted, the matter was carried over until the next regular meeting of Council ~or consider- ation by a full membership thereof, 4O3 UNFINISHED BUSINESS: AUDITORIU#: Council at its last regular meeting having carried over until the present meeting a report us the City Planning Commission, endorsing the recommendation of the Roanoke Junior Chamber of Commerce that an auditorium and coliseum be constructed in the Commonwealth Redevelopment area and recommending that the Engineering Department make studies and negotiate with the Virginia Department of Highways in an atteopt to obtain an underpass under Interstate $81 Spur at Balker Avenue, in order to provide additional access to the auditorium- coliseum site, the matter was again before the body, DroCornell moved that the report of the City Planning Commission be filed.] The motion was seconded by Mr. Pollard and unanimously adopted. In this connection, Hr. C. Fred gangus, Chairman of the City of Roanoke Redevelopment and II, using Authority, appeared before Council and requested that the body adopt a Resolution Informin9 the Housing Authority of its intention to proceed promptly to take requisite action in the bops of provldin9 for the eventual erection of an auditorium-coliseum within the area of the Commonwealth Redevelopment~ Project, in order that the Authority may set aside the area of land in question for this purpose, Mr. Hangus explaining that if the city wants to change the designation'i of the site at a later date it can do so, After a discussion of tbs matter, DF. CoFnell and mr, Dillard protesting that the proposed Resolution does not mention that if an auditorium-coliseum is erected It will be financed through a bond issue, Mr. Wheeler moved that Council concur in the request of the Housing Authority and offered the foil,ming Resolution:! (#I4B6g) A RESOLUTION informing the City of Roanoke Redevelopment and Housin9 Authority of this Council's intention to proceed promptly to take requisite action in the hope of providing for the eventual erection of an auditorium-coliseum within the area of the Commonwealth Redevelopment Project, (For full text of Resolution, see Resolution Hook No, 25, page 410.) mr, Rheeler moved the adoption of the Resolution. The motion was secondedl by mr, Pollard and adopted by the following vote: AVES: messrs. Cornell, Pollard, Webber, Wheeler, and tbs President, Hr. Anderson .................................... NAYS: Mr. Dillard .............~ ....... l, (mr, Young absent) CONSIDERATION OF CLAIMS: NONE, IWTROUUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ti BUDGET: Council having previously directed the City Attorney to prepare the proper measure approving the appointment of four freehold citizens to the Hudget Commission by the Mayor, he presented same; whereupon, Mr. Dillard offered the following Resolution: (~14870) A RESOLUTION relating to the appointment of members of the city's Budget Commission, (For full text of Resolution, see Resolution Book No. 25, page 411.) 404 Mr, Dillard moved the adoption of the Resolution, The motion mas seconded by ar, #heeler smd adopted by the following vote: AYES: aessrs. Cornell, Dillard, Pollard, Rubber, Rheeler, and the President, Hr, Anderson ........................... 6. NAYS: None .............................O. (Hr. Young absent) ALCOHOLIC BEVERAG£S-YRAFFIC-MONICIPAL COURT: Council having previously directed the City Attorney to prepare an amendment to Ordinance No. 12698. author- izing the Chief Municipal Judge to appoint, from time to tine, not more than three members of the police force andnot more than three other city employees as deputy clerks of the Municipal Court, to provide for the appointment of not more than six members of the police force and not more than three other city employees as deputy clerks of the Runiclpal Court, in connection mith the new *Implied Consent Law,' he presented an Ordinance repealing Ordinance No. 12698; whereupon, Mr. #heeler offered the following as on emergency Ordinance: (~14871) AN ORDINANCE repealing Ordinance No. 12699; and providing for an emergency. (For full text Of Ordinance, see Ordinance Dook No. 25, page 412.) Mr. ~heeler moved the adoption of the Ordinance. Zhe motion was seconded by Hr. Pollard and adopted by the following rote: AYES: Messrs. Cornell, Dillard, Pollard, Rubber, Wheeler, and the President, Mr. Anderson ........................... 6. ~YS: None ............................. O. (Mr. Young absent) Mr. Dillard then offered the following emergency Ordinance authorizing the appointment of not more than six members Of the police force and not more than three city employees as deputy clerhs of the Municipal Court: (~14672) AN ORDINANCE authorizing the Chief Municipal Judge to appoint, from time to time. not more than six (6) members of the Police Force and not more than three (3) other City employees as deputy clerhs of the Municipal Court; and providing for an emergency. (For full text of Ordinance, see Ordinance Oook No. 2§, page 412.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Or. Cornell and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber. Wheeler, and the President, Mr. Anderson ..........................6. NAYS: None .............................O. (Mr. Youngabsent) LICENSES: Council having previously directed the City Attorney to prepare the necessary measure designating the City Auditor to enter into an arrangement with the Department of Taxation under mhich a tobacco wholesaler who so desires may use a dual die in a meter machine to evidence the payment of both the City and State tax, he presented same; mhereupon, Mr. Wheeler offered the following Reso- lution: 405 (n14783) A RESOLUTION authorizing the City Auditor to enter into an arrangement mith the Department of Taxation of the Commonwealth of Virginia relative to the use of a dual die to evidence the payment of both the City tax and the State tax imposed upon cigarettes sold within'the City, {For full text of Resolution, see Resolution Rook'No. 25, page 413,} Mr. Rheeler moved the adoption of th~'Resolution. The motion was seconded by Mr, Pollard and adopted by the follomlng vote: AYES: Messrs. Uornell, Dillard, Pollard, Webber, hheele~, and the President, Mr. Anderson ........................... NAYS: None .............................O. (Mr. Young absent) AIRPORT: Council having previously directed the City Attorney to prepare the proper measure providing for a new service contract with the Federal Aviation Agency for furnishing heat, janitor service, mater and sanitary facilities, and air conditioning to the FAA Flight Service Station quarters located in Airport Building No. I at the Roanoke Municipal Airport at a monthly rate of $500.49, he presented same; mhereupon. Dr. Cornell moved that the folloming Ordinance he placedl upon its first reading: (~14874) AN ORDINANCE authorizin9 the execution of a certain contract for the furnishing to the Federal Aviation Agency of the United States of America of certain services in spaces in Building No. I at Roanoke Municipal Airport now leased to said agency. hHEREAS, the United States of America and its ~gency, Federal Aviation Agency, desires that the City enter into agreement to provide heat, janitor service mater and sanitary facilities and air conditioning for certain space in Duilding No. I at the Roanoke Municipal Airport, for which the Government would pay the Cit the sum of ~500.49 per month, such service contract and the payment thereunder to be effective from February 1, 1952, until January 31, 1969, subject to cancellation by either party at. any time upon thirty (30) days* written notice; and said Govern- ment has tendered to the City a'proposed contract for such service agreement, on U. S. Standard Form 33 (Oct. 1957Edition) as Contract FA-EA-3230; and WHEREAS, the City Manager has recommended that said service agreement be authorized to be executed on behalf Of the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and dlrectedto execute, for and on behalf of the City, that certain mritten contract drawn on U. $. Standard Form 33 (Oct. 1957 Edition), as Contract FA-EA-3250, pursuant to whichtheCity would agree to furnish Federal Aviation Aoency 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 No.l and under lease to said agency pursuant to Lease Contract No. FAI-1ORU, said service contract to be fsr the period commencing February 1.'1962, and e~ding January 31, 1969, said Government to pay to the Citytherefor the sum of $500.49 406 per month commencing, at of Februory ~, l~62,.nad either party to hive. the right to terminate said agreement at ant time upon thirty (30) days' written notlcel the form of the aforesaid contract to be first approved by the City Attorney, The motion was seconded by Hr, Pollard and adopted by the following vote: AYES: Xessrs, Cornell, Dillard, P~llard, Rabbet, Nheeler, and the NAYS: None .............................O. (Hr. Young absent) BUDGET-PLANNING-PARES AND PLAYGROUNDS: Council haeing directed the City Attorney to prepare the proper measure extending the contract mhich the Roanoke Valley Regional Planning Commission has with American Air Survey, Incorporated, to include additional aerial topographic maps of the Roanoke Valley regiotal area so as to cover the Rill Mountain Spur development at a cost of $1,26§,00, he presented an Ordinance authorizing the City Manager to enter into such an agreement on behalf of the city; whereupon, Mr. Nheeler offered the following emergency Ordinance: (~14875) AN ORDINANCE authorizing certain topographic mapping of un area adjoining the southerly corporate limits of the City; and providing for an (For full text of Ordinance, see Ordinance Book No. 25, page 414o) Mr. Nheeler moved the adoption of the Ordinance. Zhe motion was seconded by Mr, Pollard and adopted by the following vote: AYE. S: Messrs. Cornell, Dillard, Pollard, Rabbet, Rheeler, and the NAYS: None .............................O. (Mr. Young absent) Mr. Rheeler then offered the following emergency Ordinance appropriating $1,268.00 for this purpose: (~14876) AN ORDINANCE to amend and reordain Section ~DO, *Engineering Services,* of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 415.) Mr. Mheeler moved the adoption Of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: NAYS: None .............................O, (Mr, Young absent) MOYIONS AN~ MISCELLANEOUS BUSINESS: SCHOOLS: Mr. A. Byron Smith, President of the Roanoke Council of Parent- Teacher Associations. appearedbefore Council and complained of overcrowded conditions in Negro schools in the city, Mr. 5mithexpressing the hope that the Roanoke City School Hoard, Oouncil and representatives Of the Roanoke Council PARK5 AND PLAYGROUNDS: Dr. Cornell pointed out that Elmwood Park is the only park left in downtown Roanoke and. that with the erection of the Community Hospital in the relatively near future more and more people will wish to avail '407 themselves of the facilities of the park, it being his Idea that the park should be better lighted, that it should be better policed in order to rid the park of undesirablese that more benches be placed in the park and that a bandstand be placed in the southmest corner. After u discussion of the matter, Dr. Cornell moved that the question of improving Elmuood Park be referred to the City Planning Commission for study. report and recommendation to Council. The motion mas seconded by Hr. Dillard and u2animously adopted. TRAINS: Mayor Anderson advised Council that the Chesapeake and Ohio Railmay Company has applied to the Interstate Commerce Conmission for authority to discontinue service rendered by Train No, 6 and Train NO, 5-47, operating between Washington, D. C., and Huntington, West Virginia, Mayor Anderson pointing Out that Train No. 6 provides overnight Roanoke to New York sleeper car service by pulling *be Norfolk and Restern Railway Company*s sleeper car from Waynesboro to Washington where it is picked cp from the Chesapeake and Ohio Railway Company by the Pennsyl- vania Railroad, and that he feels the loss Of this overnight service to Roanohe mould seriously affect agricultural, commercial and industrial activities in the Roanoke Valley, Mayor Anderson stating that a public hearing is being held in Washington on this matter and that he feels a Resolution evidencing the Objection of the Council of the City of Roanoke to the proposed discontinuance should be forwarded to Washington, In a discussion of the matter, Mr. Wheeler voiced the opinion that the proposed discontinuance of the trains affects towns and cities northwest of Roanoke but not Roanoke itself, that if the trains are discontinued he is sure the Norfolk and Western Railway Company will arrange with the Southern Railway Company to pull the Roanohe to New York sleeper car from Lynchburg to Mashing*omo Mr. Webber pointed out that the Chesapeake and Ohio Railway Company maintains it is losing $1,000,000,00 a year on operation of the two trains in question and that he feels Council would be overstepping its bounds in askln9 private enterprise to continue operating a service on which it is losing money, Rt. Webber also pointing out that the Norfolk and Western Railway Company has taken no official stand in the matter. In a discussion of the Resolution proposed by Mayor Anderson, Councilmen Cornell and Dillard objected to a provision therein authorizing city officials to the public hearing. Mayor Anderson assured Councilmen Cornell and Dillard that it is not his nor the intention of any other city official to appear at the public appear at intention hearing. following The matter having been discussed at length, Dr. Cornell offered the Resolution: WA RESOLUTION evidencing objection to the proposed discon- tinuance of The Chesapeake and Ohio Railway Company*s passenger Trains NO, 6 and 5-47; and authorizing City ,408 officials to appear in opposition to the proposed discon- tinuance at public hearings In the matter ordered by the Interstate Commerce Commission, RflERKAS, this Council is advised that The Chesopeoke and Ohio Rollmsy Company has npplied to the Interstate Commerce Commission, in Finance Docket No. 22094, for authority to discontinue service heretofore rendered by Its Trains Ho. 6 and 5-47, operating betmeen ~ashJngton, D, C** end Hunting- tont Jfest Vlrginieq end that public hearings In the matter have been ordered to be conducted by an examiner of the said Commission; and NHEREAS, this Council is convinced that the discontinuance of aforesaid Trains Ho. 6 and 5-47° or either of them, if permitted, would result in extensive and permanent incon- venience to the inhabitants of this City and of its surrounding area and to the community*s agricultural, commercial and industrial activities, unjustified bT ant public benefit that would result from the discontinuance of service as proposed by said railway company. THEREFORE, RE IT RESOLVED by the Council of the City of Roanoke that said City opposes the proposed discontinuance of service rendered by The Chesapeake and Ohio Railway Company*s Trains No. 6 and 5-47. BE IT FURTHER RESOLVED that officials of the said City of Roanoke be, and they are hereby authorized to appear as witnesses representin9 said City and this Council on behalf of parties likewise opposing the proposed discontiouance of such service at public hearings ordered to be held on the question by the Interstate Commerce Commission in the proceeding pending before said Commission as Finance Docket NO. 22094. BE IT FURTIIER RESOLVED that the City Clerk forthmith trans- mit an attested copy of this resolution to the Honorable Rupert Lo Murphy, Chairman of the Interstate Commerce Commission. to Mr. Ralter J. Tuohy. President of Zhe Chesapeake and Ohio Railway Company, to the Governor Of Virginia, and to the Senators from Virginia in Congress.* Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and lost by the following vote, RFo Dillard contendin9 that the provision for city officials to appear at the public hearin9 should be stricken from the Resolution: AYES: Messrs. Cornell, Pollard, and the President, Mr. Anderson ........ NAYS: Messrso Dillard, Webber and Wheeler ..............................3. (Mr. Young absent) There being no further business, Council adjourned. APPROVED ATTEST: 409 COUNCIL, REGULAR MEETING, Monday, July 30, 1962. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, July 30, 1962. at 2 p.m.. the regular meetlog hour, with the President, Mr. Anderson. presiding. PRESENT: Messrs. Dillard. Pollard, Mebber, Rheeler, Young, and the President. Mr. Anderson ......................... 6. ABSENT: Dr, Cornell .................. 1, OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager. Mr. James N. KJncanon. Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened Mith a prayer by the Reverend Malter G. Bangle, Pastor. Meat End Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, July lb, 1962. having been furnished each member of Council, on motion of Mr. Mheeler. seconded by Mr. Pollard and unanimously adopted, the reading mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SEMERS AND STORM DRAINS: Pursuant to notice of advertisement for bids on the construction of a sanitary sewer for a distance of approximately 9,300 feet alan9 Lick Run from the existin9 manhole in the vicinity of Matts Avenue, N. to the Ferncliff Pumping Station, said proposals to be received by the City Clerk until 1:30 p.m., Monday. July 30, 1962, and to be opened at 2:00 p.m.. before Council, Mayor Anderson asked if there was anyone present who did not fully under- stand the advertisement, if there was anyone present who had been denied the privi= lege of bidding, or if there were any questions about the advertisement anyone would like to ask. and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the following bids: Draper Construction Company, $70,33b; and Hudgins and Pace, $93.172. On motion of Mr, Nebber, seconded by Mr. Wheeler and unanimously adopted. the bids were referred to a committee composed of Messrs. Arthur S. Owens. Chairman, B. Cletus Broyles and John L. Wentmorth for tabulation and report to Council. the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. CIVIL DEFENSE: Pursuant to notice of advertisement for bids on furnish- lng. modifying und installing emergency electrical power equipment and appurten- ances. Civil Defense Project No. VA 000-0 (62). said proposals to be received by the City Clerk until 1:30 p.m.. Monday. July 30. 1962. and to be opened at 2:00 p.m.. before Council. Mayor Anderson asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who hud been denied 4:L'b the privilege of bidding, or if there were uny questions shout the edrertJsement anyone would like to ask, and no representative present reisiug uny question, the Mayor instructed the City Clerk to proceed math the opening of the bids, The City Clerk opened and rend the following bids: Cross Electric Company. $11,685; end Regional Construction Services, Incorporated, $12,000, On motion of Mc. Mheeler, seconded by Ry. Follurd and unanimously adopted, the bids were referred to a committee composed of Messrs. J. Robert Thomas, Chairman, J. D. Sink and Arthur S. Omens for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. AIRPORT: Pursuant to notice of advertisement for bids on operating the a~tomobile perking lot at the Roanoke Municipal Airport for a three year period, said proposals to be received by the City Clerk until 1:30 p,m., Monday, July 30, 1942, and to be o~ened at 2:0~ p.m., before Co~ncil, Mayor Anderson asked if there wes anyone present who did not fully understand the advertiseuent, if there was anyone present who had been denied the privilege of bidding, or if there were any questions ebout the advertisement anyone would like to ask, and no representetive present raising any question, the Mayor instructed the City Clerk to proceed ~ith the opening of the bids. The City Clerk opened and read the following bids: J. M, Samonds, Allright Virginia Company, Air Terminal Services, Incorporated, and Airport Parking Company of America. On motion of Mr. Mheeler, seconded by Mr. Young and unanimously adopted, the bids were referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Marshall L. Harris and Arthur S. Owens for study, report and recommenda- tion to Court:il, the City Attorney to prepare the proper measure awarding the contract for the operation of the parking lot, if the Committee so recommends. STREETS A~D ALLEYS: Counail having previously set a public hearin] for 2 p.m., July 30, 1952, on the request of the Co~unity Hospital of Roanoke Valley that First Street, S. E., between Elm Avenue and Mountain Avenue; also, a RO-foot alley ranning north and south between Elm Avenue and Mountain Avenue, $. E., parallel to Jefferson Street and First Street, he vacated, discontinued and closed, the matter was before the body. At the request of Mayor Anderson, the City Clerk read the report Of the City Planning Commission, recommending that the street and alley closing request be granted. The City Clerk also read the report of viewers, advising that they are unanimously of the opinion that no lncouvenience would result, either to any individmal or to the public, fro3 vacating, discontinuing ami closing the street and alley. In tbis connection. Hr. ~. P. Hazlegrove, Attorney, representing the ' Community Hospital of Rosnoke Valley. appeared before Council and advised that it is absolutely necessary that the street and alley in question be closed in order for the hospital project to proceed, In a dlscusslo] of the matter, Hr. Webber raised the question as to whether or not there are any mater mains, se~er lines, storm drains, or other municipal lnstallatio2s, la the portion of the street and alley to be closed. mr, Hazlegrove replied that a survey indicates no such municipal installa- tions in the area and assured Council that Jn the event any such Installation ever be discovered in the area in the future, and the city does not care to pay the cost of removing same, the hospital mill do so at its own expense. No one a~pearlng in opposition to the proposed street and alley closing Mr. Wheeler moved that Council concur in the recommendation of the City Planning Co~mission and that the following Ordinance be placed upon its first reading: (~14877) AN ORDnAnCE vacating, discontinuing and closiu9 (1) that certain portion Of First Street, S. E., extending from the southerly side of Elm Avenue, S. E., to the northerly side of Rountain Avenue, S. E., an,l (2) that certain alley extenJing from the southerly side of Elm Avenue, S. E., to the northe'rly side and running parallel thereto. WHEREAS, Community Hospital of Roanohe Valley heretofore made a~lication to the City of Roan~ka, Virginia, that the portions of street and alley hereinafter notice of the intended a~plication as provided by law; and WHEREAS, the Council of the City of Roanoke, Virginia, on the 16th day of June, 1962, a4opted Resolution No. 1483~, appointing Ressrs. Richard R. ~uick, C. F. Kefauver, John R. Boswell, Aylett H. Coleman and Roy L. Rastin, as riemers to view the aforesaid street and alley and report in Mriting, pursuant to the provisions of Section 15=765 of the Code of Virginia of 195H, as amended, whether in their WHEREAS, said viewers did visit and vie~ the aforesaid street and alley and the adjacent neighborhoods and did report in writing that in their opinion no discontinuing and closing said street and alley; and WHEREAS, this matter has been referred to the Planing Co~mission of the City of Roanoke, Virginia, which said Comaission has approved the permanent vacating, discontinuing and closing of said street a~d alley; and WHEREAS, a public hearing o~ the aforesaid application to permanently vacatet discontinue and close said street and alley nas held, after a notice thereof nas duly advertised in The Roanoke World-Ne~s on July 13, 1962, advising the public of the said public hearing before this Council on July 30, 1962, at ~41'2 2 **clock P. #. on said day, at which meeting there was expressed aa objection or opposition to vacating, discontinuing and closing said street and alley; and WHEREAS, in the opinion of this Court*il. it will be beneficial and to the best interests of the public that said street amd alley be vacated, discontinued and closed for the purpos~set forth in the aforesaid application. TflEREFORE. BE IT O~DAINED by the Council of the City of Roanoke, Virginia, that that certain street and alley located in the City of Roanoke, Virginia. shown on Sheet No. 402 of the Tax Appraisal Ma~ of the City of Roanoke. Virginia. and more particularly described as foil*us, to wit: (1) That certain portion of First Street, S. E.. extending from the southerly side of Elm Avenue, S. E.. to the northerly side of Wountain Avenue. S. E., and (2) That certain alley extenting fro= the southerly side of Elm Avenue, S. E., to the northerly side of Mountain Avenue, S. E., located between Jefferson Street and First Street, S. E., and running parallel thereto for the entire length and width of said alley. be and the same are hereby permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virginia. a~d the public in and to the same, be and they are hereby released insofar as the Council is empoaered so to do. DE IT FURTHER O~DRINED that the City Engineer be a~d he is hereby dire*ted to m~rk "Permanently Vacated, Discontinued and Closed" said street and alley on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said street and alley are shoan, referring thereon to the book and page of Ordinances and Resolutions of the Council Of the City of Roanoke, Virginia. wherein this Ordinance shall be spread. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Mebber, Mheeler. Young. a~d the President, Mr. Anderson ........................ NAYS~ None ...................O. (Dr. Corn*Il absent) INSURANCE: Coancil having on several occasions deferred action on the majority report of a com~ittee, recommending that bids be secured On the city*s automobile liability insurance, on the cityts fire insurance on a three year basis, or a combination of the two, in order that the m~tter might be considered by a full membership of Co~ncil0 a 9romp of insurance representatives appeared before the body for further consideration of the matter. In this connection, Mayor Anderson pointed ant that Dr. Corn*Il is absent from the meeting, however, since some of the insurance coverage expires in September, it is imperative that a decision be made soon. Mr. Pollard stated that he feels the present method of handling the city*s insurance has merit and that the Insurance Advisory Committee is doing an excellent job; however, he belieres the city has reached a point where all qualified insurance co=panies should be allowed to bid on the city*s insurance which would be fair to both the insurance companies and the city and could result in a savings '4'I8 to the ~ltye Rr, Pollard toying t~at Cogncil concur Ii the report and recom,endn- tlons of the committee and that the city call for bids on its Insurance, The motion mas seconded by Mr, Dillard amd lost by the follouing vote: AYES: Messrs. Dillard and Pollard .....................................2. NAYS: Messrs. Robber, Rheeler, Young, and the President, Mr. Anderson ..................................................................... 4 (Dr. Gornell absent} RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Mr. A. A. Akers, Chairman, Project Committee of the Southeast Civic League, appeared before Council and presented a petition of the Southeast Civic League, requesting that the city remote the entire back porch to the Dig Bouse in Buena Vista Recreation Center and build in Its s~ad a one rOOm addition to the Big Boise, that a toilet for men be built at the north end Of the roam, and that a picnic shelter and oJtside toilet facilities be constructed in Jackson Park. After a discussion of the matter, the City Manager advising that the cost Of the requested improvements is estimated at approximately $15,000, Mr. Pollard recommendation to Co~ncil. The motion was seconded by Mr. ~heeler and unanimously adopted. PETITIONS ANO COMmUNICATIOnS: MATER DEPARTMENT: A communication from Mr. Ralph A. Glasgow, Attorney, representing Mrs. Ne,tie Q. Barbour, et al., owners of a tract of laud located on MlvcrlanA Road, S. £., east of the former American Viscose Corporation property, in the vicinity of Duse Spring, Official Tax No. 425910.l, requesting that the ~ity release its water rights on said tract of land, mas before Council; also, a communication from Dr. M. B. Gochenour, Attorney, representing Messrs. Hubert C. Wright and J. ~. Burress, advising that his clients wish to purchase the property in question for development and concurring in the request of Mr. Glasgow. After a discussion of the matter, Mr. Webber moved that the request be referred to a committee co~posed of Messrs. Roy R. Pollard, Sr., Chairman, iArthur S. Owens and Randolph G. ~hittle for study, report and recommendation to /Colncil. The notion sas seconded by Mr. lheeler and unanimously adopted. STREETS AND ALLEYS: A petition fro~ Mrs. Octavia J. Delitt, et al., requesting that that portion Of a 20-foot alley running north and south between Railroad Avenue and Russell Avenue, S. M., to Its intersection with an alley running east and west between Bridge Street and Marwick Street, S. ~., be vacated, discontinued and closed, nas before Council. On motion of Mr. ~heeler, seconded by Mr. Pollard and unanimously adopteg the request was referred to the City Planning Commission for study, report and recoamendation to Council. 4'1'4 TRAFFIC: A communication from Mr. J. D. Rice, 3211 Yardley Drive, N. requesting that trorfic lights be installed at Wlosloe Drive and Yardley Drive and at ~iosloe Drive and Frontier Ro3d, N. Moo mat before Council. On motion of Hr. Dillard, seconded by Mr. #heeler and unanimously adopted, the request mas referred to the City Rnnager for study and report to Council. REFUNDS A~D REBATES-SERERS AND STORM DRAINS: A communication from Mr, Robert C, Atkinson, 2q23 Corbiesham Road, S. U** advising that he has been paying the aemage treatment charge continuously since July 1, 1952, until July 24, 1962, although he mas not connected to the city°s sewage system, and that as of the latter date he was charged $50 to consect to the cityta menage system eren though he had a right to such connection without any charge prior to the time such fee mas established in 195t, was before Couocil, Mr. Athinson requesting a refund of the $50 sewer connection fee and 40% of bis water bills for the period from July 1, 1q52, to June 30, 1962, representing sewage treatment charges. On motio3 of Hr. Mebber, seconded by Mr. Mheeler and unanimously adopted, the request was referred to the City Manager for investigation and report to Cortical. ZONING: A communication from Mr. Y. L. Plunk,ti, Jr** Attorney, representing Mr. a~d Mrs. Roy Milton Cald~ell, requesting that property located on the west side of Peters Creek Road, N. W., south of Lo~guood Avenue, described as Lots O an3 90 i. S. Clark Rap, Official Tax Nos. 2770201 an~ 2770202, be rezoned from Special Residence District to Business District, was before Council. On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the request was referred to the City Planning Coamission for study, report and tO Council. REpORYS OF OFFICERS: BUDGET-DEpART~EN~ OF PUBLIC WELFARE: The City Manager submitted a written report, advising that the per die3 hospitalization rate ~as increased by the State Board of Welfare and Institutions from a maxim~ of $24.65 per day to a maximum of $25.29 per day as of July 1, 1962, and recommending that Section ~50, 'Hospitalization,* of the 1962 budget, be amended accordingly. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the follo~in~ emergenny Ordinance: (=14§?0) AN ORDINANCE to amend nod reordain Section =50, ~Hospitalizatioa of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 41~) gr. Wheeler moved the adoption of the Ordinancee ~be =orion ~as seconded by Nr. Young and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Webber, Nheeler, Young, and the President Mr. Anderson ................... NAYS: None ..........O. (Dr. Corn,Il absent) DUDGET-DEPART#ENT OF PUBLIC NELFARE: The City Manager submitted a mrltten report, recommending taut $2B0 be transferred from Salary, Visiting Nurse, 3 Nos. t $260 to Salary, Extra Employees under Section #Sit "City Physician," of the 1962 budget. Mr. Webber moved that CoancIl concur in the recommendation of the City Manager amd offered the following emergency Ordinance: (814979) AN OaDINANCE to amend and recrdaln Section gSi, 'City Physician** Of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dock No. 23, page dlg~ Mr. Webber moved the adoption of the Ordinance. The motion was seconIed by Mr. YoJng and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Webber, Nheeler, Yonng, and the President, Mr. Anderson ................. 6, NAYS: None ................... O. (Dr. Cornell absent) BUBUET-DEPARYMENT OF PUBLIC WELFARE: The City Manager submitted a written report, transmitting the folloxJng commnnicatio~ fro~ the Director Of Public Welfare, in connection with the budget of the Department Of Public Welfare for the fiscal year beginning July 1, 1962. a~d endin9 Jane 30, 1963: "Date: July 25, 1962 To: Mr. Arthur S. O~ens, City Manager From: Bernice F. Jo~es, Director of Welfare Re: STATE BUDGET. FISCAL YEAR E~DING JU~E 30, 1963 I a~ submitting the annual budget (State) of the Department of Welfare, for the fiscal year beginning July 1, 1962 and ending June 30, 1963 and am requesting that it be adopted. It mill be necessary to make some adjustments in the assistances, inthe Cityts 1962 budget, as is sho~n in the attached chart. la the overall for the assistances, this means a decrease of $2d,20,1.11. The titles UMedical Yendor-Nursin9 Ho~e" and 'Medical Vendor- Hospitalization" are to be deleted and, henceforth, appropria- tion to be carried in a one line item in each category. Request is further made in administration for four (4) nam positions. These are for three caseworkers and one clerk- typist (B). The State has already a~proved the positions and salaries are included in the budget appropriation. Salaries for these roar positions for the remaining five (5) months of 19~2 will amonat to $4,725 for the caseworhers and $10230 for the clerk-typist; a total of $5,973 for the four positions. These salaries are 50~ reimbursed by the state, ~hich means the cost to the city for them for 1962 is $2,9B7.50. SI Bernice F. Jones" After a discussion of th~ mstter. Mr. Webber mored that the b~dget be approved 'and that the matter be referred to the City Attorney for preparation of the proper measure approving sa~e; also, that the City Auditor be directed to furnish Council the information required to amend Section ~52, *Public Assistance," of the 1962 budget, for the balance Of the year, to conform with the budget as pre~ented. The motion was seconded by Mr. Dillard and unanimously adopted. :41.6 BUDG£T-AIBPO~T: The City Manager submitted u mritteo report, advising that in connection uith the orerlay paving of Rnouay 5-23 eo~er Project 9-44-O12-11 at the Soauohe Municipal (Moodru~Airport, the Federal Aviation Agency is insisting that a seal coat be applied to the surface of the entire length of the runway before the project can be approved and completed and that a change order in the amount of $10,67So94 has been approred by the contractor and the Federal Aviaticn Agency to accomplish this Moth, of mhich amount the city ia to pay one-half, the City Manager recommending that Council approre the change order. Mr. Mebber moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The mctlo~ mas seconded by Mr. Mheeler a~d unauJmoasly adopted, BODGE?-A~EXATION: The City Manager submitted a written report, a~vising City of Roanoke against the County Of Roanoke have reached a total of and that it will be necessary to appropriate this amount to pay for these services. Mr. Mhoeler moved that Coancil concur in the report Of the City Manager and offered the following emergency Ordinance: (z14080) AN 030INANCE to amend and reordain Section ~155, "Annexation.* of the 1962 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 42~) by Mr. Young and adopted by the following vote: NAYS: None ...................O. (Dr. Cornell absent) BUDGET-CI~¥ JAIL: Council having previa]sly referred a recommendation of the City Manager that $1,000 be transferred from Food Supplies to Repairs under Section u30, "Jail," of the 1962 budget, bach to him for preparatio~ of an itemized list of the repairs for ~hich the $1,000 has been requested, the City Manager to why the Repairs account in the City Jail budget has been depleted, the City Sergeant advising that he has no way of furnishing an ite3ized list of anticipated emergency repairs, but expressing the opinion that a transfer of $300 should be $30D and offered the following e~ergency Ordinance: (~14881) AN ORDINANCE to amend and reordain Section ~30, "Jail," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 425) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: 41'7 AYES: Messrs. Dillard, Pollard, Webber, Rheeler, Young, and the President, Mr. Anderson ................. 6. NAYS: None ................... O. (Dr. Coraell absent) STATE HIGHWAYS-WATER DEPARTMEh~: The City Manager submitted a written report that because of the conatruction of Interstate Route SRI it mill be necessary to relocate certain water facilities within and between Malher Avenue and Shenandoah Avenue, N. E., at an estimated cost of $15,772.63, all of which will be refunded to the City of Roanoke by the Commonwealth of Virginia in accord ance with au agreement between the city and the Commonwealth, the City Manager recommending that Council a~opt a Resolution authorizing him to execute said agreeaent. Mr. Young moved that Council concur in the reco~lendation of the City Manager and offered the following Resolution: (~14R82) A RESOLDIIO~ authorizing the City Raunger to execute a utility agreement between the City and the Co~ionwealth of Virginia, Department of Highways, dealing with the relocation of certain Mater facilities located within and between Malher and Shenandoah Avenues, N. E., necessitated because of the construction of Interstate Route 501. (For full text of Resolution, see Resolution Rook No. 23, page 42L) ir. Young moved the adoption of the Resolution. Yhe motion Mas seconded by Mr. Pollard and a4opted by the follo~ing vote: AYES: Messrs. Dillard, Pollard. Nebber, Mheeler, Young, and the President, Mr. Anderson ................. NAYS: None ...................O. (Dr. Cornell absent) Mr. Webber then offered the following emergen:y Ordinance appropriating the amountof $15,?72.R3: (~14R03) AN ORDINANCE to amend and reordain "Non-Operating Expense" of the 1952 Water Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 25, page 42~) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Pollard. Webber, Rheeler, Young, and the President, Mr. Anderson ................. NAYS: None ...................O, (Or. Cornell absent) APPOIN~RENTS-FIRE DEPARTRENT: The City Manager submitted a written report that, subject to co~fir=ation by Codicil, he has appointed Mr. Sidney M. Vaughan as Chief of the Fire Departae=t for the City of Roanoke, effective July 19&2. n th uture After a discussion of the matter. Mr. Dillard advising that i e f he Mould like to have u letter from the City Manager beforehand us to his intended appointments of department heads, Mr. Webber offered the following Resolution: 418 (s14884) A RESOLUTION appointing Sidney M. ¥oughan ns Fire Chief of the City of Roanoke, (For full text of Resolutiool see Resolution Book No. 2S, page 4223 Mr. Mebber moved the adoption of the Resolution. The motion was seoonded by Mr. Pollard and adopted by the folloxlng vote: AYES: Messrs. Dillard, Pollard, Jabber, Mheeler, Young, and the President, Mr. Anderson ................. NAYS: None ...................O. IDr. Cornell absent) PURCHASE OF pROpERTY: The City Manager submitted a written report, transmitting an offer of Mr. ~iley N. Jackson, on behalf of the Board of Directors of the City Rescue Mission, offering to sell the City of Roanoke its lot located on the north side of Salem Avenue, S. E., east of First Street, described as Lot 4§, Block 5, Roanoke Land and Improvement CO~pany, Official Tax No. 4010212, for the sam of $10,000. On motion of Mr. Dillard, seconded by Hr. Young and unanimously adopted, the offer was referred to a committee composed of Messrs. Roy L. Webber, Chairman, Arthur S. Omens, J. Robert Thomas and Randolph C. Mhittle for study, report and recomiendation to £oun¢il. AIRPORT-PARES A~D PLAYGROUNDS: The City Manager submitted a mritten report, transmitting a communication from the City Engineer, advising that soon it will be necessary to have appraisals made on land to be acquired for airport purposes and also on land to be acquired in connection with the Blue Ridge Park (Mill Mountain and Yellox Mountain) proposed development, and submitting a list of appraisers for this work for approval by Council. the City Manager pointing out that in the case of appraisers on land to be paid for by the Department of Highways, the appraisers must be first approved by the Iligh~ay Department before their work will be honored. After a discussion of the matter, it being, pointed out that the City Cleft has a list of qualified appraisers furnished by the Roanoke Yalley Real Estate Board and that the appraisers are to be used in rotation on various projects, Mr. Mebber moved that this procedure be followed in the present instance and that the names of T. E. Burke and C. H. Givens be added to the list in the office of the City Clerk for land acquisition in the county. The motion was seconded by Mr. Pollard and unanimously adopted. STATE HIUHWAYS: The City Manager submitted a written report, trnnsmittin a communication from the City Engineer, advising that at a recent meeting with officials of the United States Bureau of Public Roads and the Virginia Department of Highways it was emphasized that it is necessary for the City of Roanoke to make a firm commitment to participate in n project to extend Interstate Route 591 from Elm Avenue, S. E., to Jefferson Street, which project would be advertised within five years after completion of Interstate Spur 581 to Elm Avenue, or not later 419 than 1972, whichever date comes,firsto,before these:agencies mill completely commit themselves to the extension or Route SOl from Orange Avenue to Elm Avenue or approve the proposed Elm Avenue Bridge over the Horfolk and Nestera Railway Coupaay tracks. After a discussion of the matter, Mr. Young moved~that the City Attorney be directed to prepsre the proper measure, informing the United States Rareau of Public RoRds mud the Virginia Department of Highuays that the present Council recognizes the future need for the extension of Interstate Route S91 from Elm Avenue to Jefferson Street and that it commits itself, insofar as it has the legal right so to do. to initiate such u project not later than 1972. The motion was seconded by RFo ~heeler and unanimously adopted. STATE HIGHWAYS: Council having previously referred back to the City ~anager his recommendation that he be authorized to initiate a Federal Aid Urban ProJect for widening and channeling the Nilliamsoa Rosd - Orange Avenue intersection in accordance with a sketch dated February 0, 1962. and revised ~arch 14. 1962. with instructions that he confer with the Virginia Department of Highways as to the advisability of an overhead bridge crossing Route 460 at the intersection of Route 460 and Route 11 for the continuous floa of traffic north and south, with a miniature interchange that would handle and expedite the flow Of traffic on both Route 460 and Ro]te 11, or any other adequate plan that would relieve the traffic problem at this intersection, the City Yanager submitted a Mritten report, together with the following comiunication from the City Engineer: "INTERDEPARTRENT COMMUNICATION DATE: July 26, 1962 TO: Arthur S. Owens, City Manager FRgH: H. Cletus Broyles, City Engineer City Council on March 26, 1962, discussed the matter of a Federal Urban Aid ProJect on Orange Avenue to extend from the eastern limits of the interstate 591 interchange to and include the inter- section of Orange Avenue (U. S. Route 460) and Nilliamson Road, (B. S. Route 11). This matter was referred to the Department Of Highways and the Bureau of Public Roads for further study and recommendation. The suggestion of a grade separation at this intersection disapproved by the Department of Highways because of its nearness to the 561 interchange and the detrimental effect that each would hare on the other facility. Also, it was questioned whether or not this scheme could be Justified from an economic point of view. At a conference in Richmond on July 24, 1962, between City, Department of Highways, and Bureau of Public Roads officials, it was agreed and recommended that the project should provide for two through lanes in each direction through the ~illtamson Road-Orange Avenue intersection, plus one left turning lane on each leg of the intersection. The eastern limits will be al~ ut 550 feet east of the intersection of ~illiamson Road and the northern limits about 550 feet north of Orange Avenue. See sketch map attached. Your attention Is called to the fact that the design of the 591 interchange has been on the basis that this project will be approved by ~he City and will be constructed concurrently with same. The design of Orange Avenue at the present time includes a 14 foot wide median strip at the eastern limits of the project, thus making it possible to provide adequate left turning movement north into [illiamson Road under the proposed FAU project. Ne sere told in · '420 lo uacertbia:terws, by tke'Depurtueat~or fllgkways amd the Bureau df Public Roads that if tke city did not go along with the pro- posed FAU project at this time, plans for the lo,ers,ate 581 interchange on Orange Avenue would have to be changed to provide for only a 4 foot wide wedlaa strip.' From the Cltyes point of view it would be very short-sighted to permit this to happen since it would be ua almost impossible situation to uorh out this improvement in the future because then ue would be faced with getting changes made within the lleits of the interstate system, which work they are non proposing to do and pay for. Also. ue cnn expect that the right of way required for this project will be several tines higher, in the future, than It is today, due to the construction in this area that is sure to take place. · It 'is estimated that the total construction and right of uny costs will not exceed $140,oo0. The Clty*s 25% of the costs would amount to $35,000. ,It ,is recommended that the City approve this project that has been recommended by State and Bureau officials and that a project be programmed for sane. S! H. Cloths Rrovles City Engineer APPROVED: S! John L, Men,worth Director of Public Worksw After a discussion of the matter, Br. Young questioning the necessity of doing anything with this intersection once the Interstate 581 Spur is completed and also questionin9 the need for a 14-foot wide median strip, stating that he feels a 4-foot wide median strip would be sufficient, Rt. Webber moved that the matter be carried over until the next regular meeting of Council. The motion was seconded by Mr. ~heeler and unanimously adopted. STAVE HIGHWAYS-STREEVS A~D ALLEYS: Council having previously referred back to the city Ranager his recommendation that necessary steps be tahen to provide for the future extension of Nineteenth Street, N. ~., from Huff Lane across the proposed Interstate Route 581 Spur to Andrews Road, to ascertain whether or not the project is eligible for federal funds and to obtain a cost estimate for said project, he submitted the following report: "Roanohe, Virginia July 30, 1962 To the City Council Roanoke, Virginia Members of Council: At your meeting on July 16, 1962, you received from the Planning Commission a request that 19th Street be opened and extended from an alley near Monroe Junior High School, N. to a point where it would connect with ~illianson Road in or near Avalon Street. Yon instructed that I ascertain if Federal and State funds were available and what the approximate cost of the project would be. In my Judgment, the extension of the road as outlined by the Planning Commission may approach a quarter of a million dollars. At a conference with representatives of the Bureau of Public Roads and the State Department of, Highways the City was advised that there was no economic justification to con- struct a bridge over this road at the present time. If the City elects to have such an underpass it would have to do so at its own expense at a cost of approximately $200,000. My recommendation is to express thanks to Mr. John Carr for his willingness to participate in the project; and since the cost is substantial and cannot he Justified to close our files and take uo further action on the proposal. Respectfully submitted,' S/ Arthur S. O~ens City Manager* 4-21 Os motion of Hr. Dillard, seconded by M~, Wheeler and unanimously adopted, the report was ordered filed. AIRPORT: Council baying referred back to the City Manager his recommend tiaa tbut the lease of Mr. £ugene D. flass for a 2odaS-acre tract of land at the Roanoke Municipal Airport, on mhich Mr. Bass conducts a portion of his ho~se trailer court, be renewed for a period of four years at the existing rate of $?5 per month, effective September l, 1962, with a viem of obtaining a rental fee of $100 per month the City Manager submitted a written report, advising that Mr. Bass bas informed him that he has lost an 85* x 200" frontage of the property es a result of highual changes and that be has no direct access to Route 117, which has forced him to discontinue the mobile home sales business, which was bi far the greater part al his net income, and that since this tract of land is less desirable to him non than in the past, he certainly does not agree that an increase in rent is in order. The City Manager also submitted a communication from Mr. Marshall L. Harrii, Manager of the Airport, suggesting that the city continue the existing rate of $75 per month until the highway changes are complete at which time the whole situation can be reappraised. In a discussion of the matter, Hr. Webber estimated that Mr. Bass grosses $11OO per month fromthe operation of his trailer court and voiced the opinion that if ~r. Bass does not care to pay the city a rental fee of $100 per month for this property, it can well be used for industrial purposes. After a further discussion of the matter, Mayor Anderson questioning the length of the lease. Mr. Pollard moved that the lease be renewed for a period of one lear at a rental of $75 per month. The motion was seconded bI Mr, Dillard and lost. Messrs, Webber, Wheeler and Young voting no. Mr. Young then moved that the lease be renewed for a period of one year atl a rental of $100 per month. The motion was seconded by Mr. Webber and unanimously adopted. Later during the meeting, Mrs. Bass appeared before Council and stated that she and her,husband do not care to continue leasing the land if the rent is to be increased. REPORTS OF COMMITTEES: PAY PLAN: Council at its last regular meeting herin9 carried over until the present meeting the report of a committee appointed to consider certain provi- sions of the Pay Plan with regard to the Police Department and Fire Department in order that a full membership of Council might be present to consider the question, the matter was again before the bodl. Mr. Wheeler mosed that Council concur in the report of the committee and that the report be filed. The motion was seconded by Mr. Young and unanimously adopted. ;422 Liter during the meeting, Mr. W. M. Mit,ox, a member of the Fire Depart- meat, appeared before Council, contending that inequities in the poi of members of the Police Department and Fire Department still exist and that the employees mbo requested Council to study the mutter are right back mbere they started from seven months agOe Mr. Ha,aox voicing the opinion that there should be an Arbitration floard so that the policemen and firemen mould not have to bother Council with these matters. Mayor Anderson advised #r.. Mattox that if individual cases will submit their complaints to Council, the complaints mill be referred to a committee for investigation and report. PAY pLAN: Council at its last regular meeting having carried over until the present meeting the recommendation of a committee that the salaries of the City Attorney, the Chief Municipal Judge, a Municipal Judge and the City Manager be increased, effective July 1o 1q62, in order that a full membership of Council might be present to consider the question, the matter mas again before the body. In this connection, the City Clerk presented a communication from Mr. D. Payne, obi,cain9 to the proposed increases. Mr. Dillard mo~ed that the matter be referred to the Budget Commission for its consideration so that all city employees can be considered. Mayor Anderson pointed out that all other city employees except Council appointees are evaluated on their anniversary dates by their department heads, but that the four Council appointees in question have not received a salary increase since January 1, 1961. Mr. Webber voiced the opinion that Council appointees can only get salary increases through Council and offered a substitute motion that the body concur in the recommendations of the committee by adopting the foil*ming Resolution: (a14885) A RESOLUTION approving the report of Council's Salary Committee ~REREAS, Council's Salary Committee has, this day, filed its report recommending the s~ary changes hereinafter provided for. (For full text of Resolution, see Resolution Book No. 25, page Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Pollard, Webber, Young, and the President, Mr. Anderson---~ NAYS: Messrs. Dillard and Wheeler ...................................... ~* · (Dr. Corn,il absent) AUDITS: Council having appointed a committee to determine mb,thor or not there is a need for an investigative audit of all city funds, including the school system, and, if so, to recommend a firm of certified public accountants to make such an audit and report the cost thereof to Council, the committee submitted the following report: 423 ~Jnly 25o 1962o TO the Conncil of the City Of Roanoke. Gentlemen: The undersigned committee has discussed at length various matters relating to the collection, custody and disbursements of City funds and control and acconntabllfty for City-owned property, as directed by the Council. The committee notes that Section 56 of the City Charter provides, in part, that WThe Council may, at Its discretion, by ordinance provide for an audit of the affairs and records of the school board by the City Auditor or by any other competent person or firm selected by the Council** The committee is advised, however, that this provision of the Charter bas not been implemented by ordinance of the Council as above provided. The undersigned committee recommends as follows: 1. That the Council by appropriate ordinance vest in the City Auditor the responsibility for auditing the funds and finan- cial records of the scbool board. 2. That the Council provide for an annual audit of the City Auditor*s office by a competent accounting firm to be selected in such manner as the Council may direct. That a competent acc*matin9 firm be selected in such manner as the Council may direct for the purpose of conducting audits of such departments and agencies of the City govern- ment as the Council determines should be made. 4. That the undersigned committee be retained to assist the Council Jn implementing such of the above recommendations as the Council may approve. Respectfully submitted, S/ Roy D. Pollard, Roy R, Pollard, Sr., Chairman, S/ Denton O. Dillard Denton O. Dillard, S/ Nillis M, Anderson Willis M. Anderson~ Mr. Webber stated that this is a matter he feels should be considered by the new Council, that personally he feels the city should have a Dep~rtment of Finance and an independent audit annually of all city departments by certified public accountants, and moved that the matter be carried over until the first regular meeting in September. The motion was seconded by Mr. Wheeler and unani- mously adopted. AIRPORT: Council havin9 referred to the Airport Committee a request of the Roanoke Aviation Council that a detailed study be made of the run~ay system at the Roanoke Municipal Airport before further action is taken to extend Runway 33, in order thntthe Airport Committee might meet with representatives of the Federal Aviation Agency, the Roanoke Aviation Council and other interested parties and discuss in detail the questions raised by the Roanoke Aviation Council, the committee submitted a written report, advising that the meeting was held, after which the Federal Aviation Agency advised that since there was no evidence pre- sented at the meeting uhlcb had not been previously considered in its studies, 42'4 there Is no apparent necessity for a.neu runmay alignment at the Roanoke Municipal Airport; therefore, the FAA cannot, according to law, provide federal funds for that purpose. On motion of Mr. Webber, seconded by Me. Pollard and unanimously adopted, the report was ordered filed. FIRE DEPARTMENT: Council having previously referred to a committee composed of Messrs. Roi L. Webber. Chairman, Roy R. Pollard, Sr.. Robert A. Garland. Murray A. Stoller and James K. Jones for study and report the request of the Garden City Civic League for a four-man company of full-time firemen, a nam fire station and a nora modern fire truck in the Garden City area, the committee submitted a written report, recommending that the request be granted and that the item be referred to the Budget Commission for its consideration and approval in.next year's budget. Mr. Webber moved that Council concur in the recommendation of the committee and that the matter be referred to the Budget Commission for its consldera, tiaa and inclusion in its Ir§3 budget recommendations. The motion was seconded by Mr. Wheeler and unanimously adopted. AIRPORT: Council having previously referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Arthur S. Owens, Marshall L. Harris, and H. Cletus troyles for tabulation and report bids received on the remodeling of Hangar No. I and extension of the existing lean-to at the Roanoke Hunk ipal Airport. the committee submitted a written report, together with a tabulation showing the bid of Watts and Oreakell. Incorporated. in the amount of $1g,gg0.O0, as the low bid, and recommended that the contract for the project be awarded to Watts and Brenkell, Incorporated, and that the sum of $20.O19.12 be appropriated to cover the cost of the contract, plus $29.12 advertising costs. Mr. Pollard moved that Council concur in the recommendations Of the committee and offered the following emergency Ordinance: (=14§86) AN ORDINANCE accepting the proposal of Watts and Breukell, Incorporated, for the remodeling of tlangar No. I and extension of existing lean-to at 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 0oak No. 25, page 423~ Mr. Pollard moved the adoption of the ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Wessrs. Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ................. NAYS: None ...................O. (Dr. Cornell absent) Mr. Wheeler then offered the following emergency Ordinance appropriating $20,019.12: 425 (#14§87) AN ORDINANCE to amend and reordain Section m142. "Transfer to Improvement Fund," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Mo. 25, page 42&l Mr. Mheeler moved the adoption of the Ordinance. The motion mas seconded by Hr. Pollard and adopted bT the folloming vote: AYES: Bessrs. Dillard. Follard, Rabbet, Mheeler. Young, and the President Mr. Anderson ................... 6. NAYS: None .......... O. (Dr. Cornell absent) · ATER DEPARTMENT: Council having referred to a committee composed of the City Attorney. the City Manager, the City Auditor and the Manager of the hater Department a recommendation of Councilman Roy L. Mebber that the water rates for householders in the City of Roanoke be amended so as to provide that a greater portion thereof be deslgnated as a tax. the committee submitted the folloming report: "Roanoke, Virginia July 24, 1962 The Honorable the Council of the City of Roanoke Gentlemen: You referred to the undersigned committee for study and recommendation a suggestion that the water rates for house- holders in the City be amended so as to provide that a greater portion of the charge for water be made by the imposition of a tax on such consumers. The thinking behind the suggestion was that the amount paid by local householders might constitute a deductible item in computing Federal income tax. Your committee placed its report on the agenda for a recent regular meetin9 of the Council and shortly thereafter learned that councilman Mebber desired to appear before the committee and speak in behalf of the suggestion. Accordingly, your committee withdrew its report, invited the councilman to appear before it and heard him at considerable length. First, your committee feels it should call to Council*s attention that, in offering for sale its water system bonds. Serial "RM-3", aggregating $4 million and issued for the purpose of provtdin9 funds to defray the costs of additions and better- ments to the City"s water morks plant or system, it agreed to and. accordingly, did enter into a contract with the buyers of said bonds (1) to segregate and keep segregated from other City funds all revenue derived from the City*s operation and ownership of its water system; (2) that the rat~s to be charqed water consumers would be fixed and maintained at a level that would produce sufficient revenue to prevent said bonds from being included in the constitutional limitation of the City to incur indebtedness; and (3) that said revenue mill be applied to the extent necessary to meet the payment of principal and interest on said bonds as the same become due. Your committee understands that reasonably similar provisions ha~e been included in other contracts Mith purchasers of City mater and sewage treat- ment bond issues. Accordingly. it would appear that the City originally con- templated the charging of a rate in consideration of the rendition of a s?ryice insofar as its water is ~ ncerned and your committee fears that the Federal Internal Revenue Departmeot would be most inquisitive regarding a material change from this long-established procedure. Especially might this be true since your committee inquired of the Municipal Finance Officers Association if any municipalities imposed a tax on water consumers in lieu of water rates and was informed that said associatio~ mas "unable to locate a single city that makes a charge, or imposes some sort of tax, for a water department, where the amount is considered as a deductible item in determining federal income taxes." The City Auditor and the City Attorney went to Richmond some days ago and discussed this matter fully with The Honorable A~ Mo Steopler, District Director of Internal Revenue. Mr. Steopler called into the conference key members of his staff especially 426 fnmllar ~ltb the question under consideration. All of these gentlemen Indicated that such n tax could not be levied in lieu of mater rotes as such for the sole purpose of reducing individual citizens' federal income taxes and me mere reminded of the funda- mental principal of the lam or taxation that toxes must be uniform throughout the area of the taxing authority. In this case, such a tax would have to be uniform throughout the City and uniformly applied to business, commercial and residenlial users. Of course, the charge for uater ls presently a deductible item of commercial and industrial users as a cost of doing business. We called Mr. Steopler's attention to the existing uniform rate of tax presently levied by the City against water consumers, nhich sane tax is applied to other utilities. He indicated that such tax mas permissible because Of its uniformity throughout the City. ~nd he in4ic~tcd thgt 9th~ unifgrm taxes might be lawfully levied against all City consuzers of water. He advised that if C99ncil sh~ul~ b~ disoosed to have an ordinance acceota- hie to it creeared levvino a uniform tax on consumers thronflhout tho City an~ w~9~d make it available to him DFIOF to ado.tion, he would send it t9 Washington and obtain a ¢ontrollin~ opinion as t0 its yal~t¥ pFiQF to its formal adoption.. During the discussion zith Mr. Steopler and his associates. ze zere informed that ~/12 of all federal income tax returns of individuals ave filed on Form 1040on, on which no provision is made for deductions to be itemized and, consequently, the use of standard deductions ore mandatory. Further, he stated, the 35 to 40 per cent of the remaining 7/12 of individual income tax returns filed with the federal government are on the basis of standard deductions mhere no dedoctible items are listed. It follows from this information that the imposition of such a tax, in lieu of or to reduce the City's present rate, would be of no benefit whatever to but relatively few citizeos and that any relief resulting to the relatively smaI1 percent of citizens would be well-nigh inconsequential. In view of the fact that requisite change of procedure uonld necessarily create increase in the billings and accounting functions of the Water Department and, especially, in view of the minor savings to the limited few citizens in federal taxa- tion, your committee unanimously recommends that no such tax be levied. Respectfully submitted S/ Ran C. Mhittle Ran G. ~hittle. Chairman S! Arthur S. Owens Arthur $. Owens S/ J. Robert Thomas J. Robert Thomas $/ R. E. Pillow R. E. Pillow* On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the report was ordered filed. WATER DEPARTMENT-SEWERS A~ STORM DRAINS: Council having previously referred to a committee composed of the City Attorney, the City Manager, the City Auditor and the Manager of the Water Department a suggestion of Councilman Roy L. Webber that the Water Department and the ~emuge ~reutment Department be consolidate( the committee submitted a progress report, advising that it has held several meetings, hut is not presently prepared to file its report and recommendation. On motion of Mr. Wheeler, seconded by Mr. Pollard acd unanimously adopted the report was ordered filed. 427 UNFINISBED BUSINESS: STATE HIGHWAYS-WATER DEPARTMENT: Council at its last regular meeting having deferred until the present meeting consideration of a report of the City #manger, advising that if a steel pipe casing Is used in place of a box culvert as a conduit for a future 20-inch water main in Aspen Street, N. ¥.0 in connection with the proposed Delray expansion program, an additional 24-.inch pipe casing mill be necessary for future use, the installation of the two 24-inch steel pipes being estimated at $10,234.04 as compared with the original estimate of $9.000,00 fOr the box culvert, the matter was again before the body. Hr. Young questioning the need for two 24-1ach steel pipes, Mr. Dillard moved that the mutter be referred buck to the City Manager for consultation with Alvord, BurdJck and Bowson as to the lnstallution of one steel pipe. The motion was seconded by Hr. Pollard and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INfRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 14055, rezoning property located between Kerns Avenue and Floyd Avenue, S. W., west of the Norfolk and Western Railway Company Belt Line, described as Acreage, Wasena Corporation. Official Tax No. 1130611, from General Residence District and Dusiness District to Light Industrial District, having previously been before Council for its first reading, read and lald over, was again before the body, Mr. Wheeler offering the following for its second reading and final adoption: (~14B55) AN ORDINANCE to amend and reenact Title l¥, 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 415.) gr. Mheeler moved the adoption of the Ordinance. The motion was seconded by wt. Pollard and adopted by the following rote: AYES: Wessrs. Dillard, Pollard, Webber, Wheeler, Young, and the President. Mr. Anderson ................. NAYS: None .................. O. (Dr. Cornell absent) ZONING: Ordinance No. 14056, retorting property located on the east side of Brambleton Avenue, S. W., south of Drandon Avenue, described as Lots 5 and Block 1, Oak Bill, Official Tax Nos. 1260105 and 1260106, 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. Pollard offering the following for its second readin9 and final adoption: (~14856) 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. 25, age 416) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following rote: 428 AYES: Nessrs. Dillard, Pollard, Webber. lheeler,'Young, and the President. hr. Anderson ..... ~ ........... 6. NAYS: None ...................O. (Dr. Cornell absent) ZONING: Ordinance No.' 14057. rezoniug a portion of u tract of land designated as Official Tax No. 3280101, mhlch portion is located on the west side of Rollins Road, N. E** adJacenl to the Northfield Addition, from General Residence District to Light Industrial District. having previously been before Council for its first reading, read and laid over. uaw again before the body. Hr. Wheeler offering the following for its second reading end final adoption: (~14057) AN ORDINANCE to amend and reenact Title XV. Chapter 4, Section 1, of Tho Code of the City of Roanoke, 1956. in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 25, page 41~) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: ~essrs. Dillard, Pollard, Webber, Wheeler, Young, and the President, Mr. Anderson ................. 6. NAYS: None ...................O. (Dr. Cornell absent) AIRPORT: Ordinance No. 14874, authorizing the .City Manager to execute a new service contract for a period of seven years, effective February 1, 1962, with the Federal Aviation Agency for furnishing heat, janitor service, water and sanitary facilities, and air conditioning to the FAA Flight Service Station quarters located in Airport Building No. I at the Roanoke Municipal Airport, at a monthly rate of $500.49, 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: (~14874) AN ORDINANCE authorizing the execution of a certain contract for the furnishing to the Federal Aviation Agency of the United States of America of certain services in spaces in Building No. I at Roanoke Municipal Airport now leased to said agency. (For full text of Ordinance, see Ordinance Rook No. 25, page 416) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs, Dillard, lollard, Webber, Wheeler, Young, and the President, Mr. Anderson ................. 6~ NAYS: None .................. O. (Dr. Coruell absent) SALE OF PROPERTY$ Council having directed the City Attorney to prepare the proper measure providing for the sale Of property located on the south side of Rorer Avenue, S. W., west of Zwentieth Street, described as Lot 1, Block 36, Most End and kiver View, Official Tax No. 1312708, to Mr. Bo Fo Stout at a price of 91,000, net cash, he presented same; uhereupon, Mr. Young moved that the following Ordinance be placed upon its first reading: 429 (z14888) AN ORDINANCE authorizing the sale of Lot 1, Block 38; according to the #ap of River View and West End Land Companies, to B, F. Stout, upon certain terms and conditions. WREREASo offer bas been made to the City to purchaae from the City the lot or parcel of land hereioofter described for. the price and upon the terms herein- after set forth and described; and RHEREAS, the real estate committee of the Council, to which said offer was heretofore referred for consideration, bas recommended that the City accept Said offer and make sale of said property upon the terms betel,after authorized, and the Council has concurred in the report Of its said committee. THEREFORE. BE IT ORDAINED by the Council.of the City of Roanoke that said City doth hereby accept the offer of B. F. Stout to purchase and acquire from the City that certain lot or parcel of land situate in the City and described as Lot 1, Block 30. according to the Map of River View and Mest End Land Companies* property, for a price of $1,000.00. net cash to the City, payable upon delivery of the City's deed of conveyance thereto to said purchaser, to be made with Special Warranty of Title and subject to all recorded conditions, easements and restrictions on the land! above described. DE IT FURYBER ORDAINED that the Mayor and the City Clerk be, and they are hereby directed, for andon behalf of the City. to execute, seal, attest and acknow- ledge, as the case may be. such proper deed of conveyance from the City to the aforesaid purchaser as may be drawn and approved by the City Attorney ia accordance with the within authorization, said deed to be delivered to said purchaser upon payment to the City of the full purchase price hereinabove pr,tided. The motion was seconded by Mr. Pollard an5 adopted by the following vote: AYES: Messrs. Dillard, Pollard. Webber, Wheeler, Young, and the President. Br. Anderson ................. NAYS: None ...................O. (Dr. Cornell absent) PAY PLAN-REGISTRAR: Council hartng directed the City Attorney to prepare the proper measure increasing the salary Of the City Registrar from Group 11, Step 4, at $335 per month, to Group Il. Step I 1/2, at $345 per month, he presented same; whereupon, Mr. Mheeler offered the following Resolution: (~liB09) A RESOLUTION approving the increase in salary in the management control rate under the Pay Plan, Ordinance No. 14300, of the City's Central Registrai as recommended by the City Manager. (For full text of Resolution, see Resolution Book No. 25, Page42~) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard. Pollard. Mebber, Wheeler. Young. and the President, Br. Anderson ................. NAYS: None ...................O. (Dr. Cornell absent) 43O uOTIONS AND NISCELLANEOOS BUSINESS: NONE. There being no further business, Council ndJourned. APPROVED ATTEST: 43,'1 COUNCIL. REGULAR MEETING, Monday, Aagost 13, 1962. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday. August 13, 1962. at 2 p.m.. the regular meeting hour, uith tbe President, Mr, Anderson, presiding. PRESENT: Messrs. Cornell, Dillard, Pollard, Webber, Mheeler. Young, and the President, Mr. Anderson ................ ?. ABSENT: None .................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney. and Mr. William F. Griggs, Assistant City Auditor. INVOCATION: The meeting was opened teJth a prayer by the Reverend J. I. Johnson, Pastor, Bethany Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, July 30, 1962. having been furnished each member Of Council, On motion of Mr. Wheeler, seconded by Dr. Cornell and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON pUBLIC RATTERS: STATE HIGDMAYSoSEWERS AND STORM DRAINS: Pursuant to notice of advertise- ment for bids on the construction of sanitary sewer crossings under the proposed Spur Route 581, said proposals to be received by the City Clerk until 1:30 p.m.. Monday, August 13, 1962, and to be opened at 2:00 p.m., before Council. Mayor Anderson asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the following bids: Glmbert and Gimbert, Incorporated. $33,207; Draper Construction Company, $27,820; and Hudgins and Pace, $26,590. On motion of Mr. Webber, seconded by Mr. Wheeler and unanimously adopted. the bids were referred to a committee composed of Messrs. Arthur S. Owens, City Manager, Chairman, H. Cletus Oroyles. City Engineer, and John L. Wentworth, Directo~ Of Public Works, for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. AIRPORT: Pursuant to notice of advertisement for bids on the construc- tion of a 12,000-volt commercial electrical service for the Roanoke Municipal (Woodrum) Airport, said proposals to be received by the City Clerk until 1:30 p,m., Monday, August 13, 1962, and to be opened at 2:00 p.m., before Council. Mayor Anderson asked if there ~as anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions *about the advertisement anyone ~ould like to ask, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. 432 The City Clerk opened and read the folio,lng bids: Jefferson Electric Company, Iacorpornted, $15,179.27; and Cross Electric Company, $13,559.11. On motion of Mr. Dillard, seconded by Mr, Mheeler and unanimously adopted, the bids mere referred to a committee composed of #essrs. Arthur S. Omens, City Manager, Chairman, D. Cie,us Droyles, City Engineer, John L. Mca,worth, Director of Public Marks, and Marshall L. Rarris0 Airport Manager, for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. ZONING: Council having previously set a public bearing for 2 August 13, 1962, on the request of Mr. and MFs. Claude A. Dodges that property located on the ,est side of South Jefferson Street, south of Twenty-second Street. described as Lots 17, 10, 19 and 20, Block 60, Crystal Spring, Official Tax ~os. 1051011, 1051010. 1051009 and 1051000. be rezoned from General Residence District to Special Residence District, the matter was before the body. At the reqoest of Mayor Anderson, the City Clerk read the report of the City Planning Conmisslon. recommendifl9 that the raga,st for rezoning be granted. Xn this connection. Mr. Richard E. ¥iar. Attorney. representing the petitioners, appeared before Council and urged that the property be rezoned as requested. Mr. ¥iar pointing out that the property in question is 160 x 150 feet. rather than BO x 150 feet as contained in the report of the City Planning Commlssiot therefore, it should be adequate to accommodate a tHo-story structure containing 10-12 apartment units, Mr. Viar also advising that one parking space per unit will be furnished. No one appearing in opposition to the proposed rezoning, gr. Dillard mored concur in the recommendation of the City Planning Conmission and that that Council the following Ordinance be placed upon its first reading: (gl4DgO) 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. WREREAS, application has been made to the Council of the City of Roanoke to have that certain property located on the west side of South Jefferson Street, south of Twenty-second Street. described as Lots 17, lB. 19 and 20, Block 60, Crystal Spring, Official Tax Nos. 1051011, 1051010, 1051009 and 105100~, rezoned from General Residence District to Special Residence District; and WHEREAS, the City Planning Commission has recommended that the hereinaftel described land he resorted 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 ti~e required by said section; and WHEREAS, the hearing as provided for in said notice was held on the 13th day of August, 1962. at 2 p.m., before the Council of the City of Roanoke, at uhich hearing all parties in interest and citizens Here given an opportunity to be beard both for and against the proposed rezoaing; and 433 RREREAS, this C~uocil, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. TREREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1. of The Code of the City of Roanoke. 1956. relating to Zoning, be amended and reenacted in the folloming particular and no other, viz.: Property located on the west side of South Jefferson Street. south of Twenty-second Street, described as Lots 17. lO. 19 and 20, Block 60. Crystal Spring. designated on Sheet 105 of the Zoning Map as Official Tax Nos. 1051011, 1051010, 1051009 and 1051000. be, and is hereby, changed from General Residence District to Special Residence District and the Zoning Hap shall be changed in this respect. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell. Dillard. Pollard. Webber, Wheeler. Young, and the President, Hr. Anderson ................. T. NAYS: None ...................O. ZONING: Council having previously set a public hearing for 2 p.m., August 13. 1962. on the request of Mr. C. Gordon Hunter that property located off the south side of Relrose Avenue, N.M., west of Thirtieth Street, described as Lots b and g and the easterly ten feet of Lot ?, H. E. Roberts Map, Official Tax Nos. 2530233, 2530234 and a portion of 2530232, be rezoned from General Residence District to Business District, the matter was before the body. At the request of Mayor Anderson, the City Clerk read the report of the City Planning Commission, recommending that the request for rezoning be granted. Hr. T. L. Plunkett, Jr., Attorney, representing the petitioner, appeared before Council and urged that the request for rezoning be granted. No one appearing in opposition to the proposed rezoning, Hr. Pollard moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (e14891) 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. ~tIEBEAS, application has been made to the Council of the City of Roanoke to have all of Lots O and q and the easterly 10 feet of Lot ?. according to the D. E. Roberts Map, bearing Official Numbers 2530233, 2530234, and a portion of I! 2530232, rezofled from General Residence District to Business District; and, WHEREAS. the City Planning Commission has recommended that the hereinafter described land be rezoned from General Residence District to Business District; and WHEREAS, notice required by Title XY, Chapter 4. Section 43, of The Code of the City of Roanoke. 1956. relating to Zoning. has been published in #Yhe Roanoke 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 13th day of August, 1962, at 2 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 rezontng; and '434 WD£R£AS, this Council, after considering the evideace~presented, is of the opinion that the berelnnfter described lend should be rezoned. THEREFOR£, D£ IT ORDAIN~ by the Council of the City of Roanohe that Title IV. Chapter 4, Section 1, of The Code of the City of Roanohe, 1956, relating to Zoning, be amended and reenacted ia the follomlag particular and no other, viz.: Property located on the southerly Side of Relrose Avenue, described ns Lots fl nad 9 and the easterly 10 feet of Lot ? of the H. E. Roberts Rap, designated Sheet 2S3 of the Zoning Rap as Official Tax Nos. 2S3D233, 2S30234. and a portion of 2530232, be. and is hereby, changed from General Residence District to Business District and the Zoning Hap shall be changed in this respect. The motion nas seconded by Hr. Rheeler and adopted by the following rote: AYRS: Ressrs. Cornell. Dillard, Pollard, Webber, Wheeler, Young, and the President, RF. Anderson ...................... ?. NAYS: None ............................O. ZONING: Council having previously set a public hearing for 2 p.m., August 13, 1962. on the request of Kustom Homes, Incorporated. that property located at the southwest corner of Crystal Spring Avenue and Twenty-fourth Street, S. described as Lots 19 and 20, Block 46, Crystal Spring, Official Tax No. 105230D, be rezoned from General Residence District to Special Residence District, the matter was before the body. At the request of Mayor Anderson, the City Clerk read the report of the City Planning Commission, recommending that the request for rezoning be granted. In this connection, Rr. R. Caldwell Butler, Attorney, representing the petitioner, appeared before Council, advising that his client plans to construct a ten-unit apartment building on the property if it is rezoned and urging that the request for rezoning be granted. With further reference to the matter, a delegation of approximately ten residents of the affected area, appeared before Council, with Mr. Arthur B. Crush, 3r., acting as spokesman, Rt. Crush presenting a petition signed by thirty-tmo citizens of the immediate area, opposing the proposed rezoning on the grounds that an apartment building will depreciate the value of surrounding residential proper- ties, that the street is too narrow to accommodate parking on both sides, creating a worse traffic hazard than already exists, and that ten apartment units On an DO x 150 foot lot will be too crowded, it being pointed out that the City Planning Commission has advised that the land area is suitable for only six apartments in order to assure light, air, ventilation, privacy and off-street parking. Everyone present having been given an opportunity to be heard, Dr. Cornell moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~14892) AN ORDINANCE to amend and reenact ~Jtle XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. HHER£AS, application has been made to the Council of the City of Roanoke to have property lying in the City of Roanoke, located at the southwest corner of 435 Crystal Spring Avenue, S. R., and Tuenty-fourth Street, S. R., fronting 150 feet on Tueuty-fourth Street and GO feet on Crystal Spring Avenue, being knoun as Lots 19 and 20. Section 46. of the Rap of Crystal Spring Land Coapany. Official Tax 10523D§, rezoned from General Residence District to Special Residence District; and IHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from General Residence District to Special Residence District; and MHEREAS. notice required by Title X¥. Chapter 4, Section 43. of The Code of.the City of Roanoke, 1956, relating to Zoning. has been published in "The Roanoke Morld-News,* a newspaper published in the City of Roanoke. for the time required by said section; and IHEREAS, the hearing as provided for in said notice was held on the 13th day of August. 1962. at 2 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 rezoning; and ~HEREA$, this Council, after consJderin9 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 1. of The Code of the City of Roanoke. 195b. relating to Zoning. be amended and reenacted in the following particular and no other, viz.: Property located in the City of Roanoke. at the southwest corner of Crystal Sprin9 Avenue and Twenty-fourth Street, S. M., fronting 150 feet on Twenty-fourth Street and GO feet on Crystal Spring Avenue. and being described as Lots 19 and 20, Section 46. of the Map of Crystal Spring Land Company. designated on Sheet 105 of the Zoning Map as Official Tax No. 1052300. be. and is hereby, changed from General Residence District to Special Residence District and the Zoning Rap shall be changed in this respect. The motion was seconded by Mr. Dillard and, upon roll call, the vote was as follows: AYES: Messrs. Cornell, Dillard, Pollard, and the President, Mr. Anderson .......................................................... NAYS: Messrs. Rebber, Rheeler and Young ........ The Chair ruling that the Ordinance was passed on its first reading, Mr. Webber moved that the matter be referred to the City Attorney for an opinion as to whether or not, in view of the opposition of citizens in the immediate area of the property proposed to be rezoned, the Ordinance providing for such rezofltng requires a five-sevenths favorable vote of all the members of Council. The motion was seconded by Mr. Wheeler and unanimously adopted. PLUMBING CODE: Mr. Andrew Morthland, President, Compotite Shower Pan, Incorporated.. appeared before Council and presented a cosmunication, requesting thati Section 130, Article XI, Chapter 3, Title XV, of The Code of the City of Roanoke, 1956, requiring that shower compartments shall have a lead or copper shower pan, be amended to permit an alternate material when approved by administrative authority 436 In this connection, Mr. L. G. Leftwich, Building.Commissioner, appeared before Council and advised'that the Compotite ShomerPans seem to meet all requirements and hare been found acceptable in a number of localities; therefore, he sees no objection to granting the request. After a discussion of the question, Mr. Dillard objecting to the provision for an alternate material mhen approved by administrative authority and voicing the opinion that, if approved, explicit materials should be included in any amendment to the Plumbing Code, Mr. Dillard moved that the matter be referred to a committee composed of Messrs. J. O. Meddle, Sr** R. T. Pit*nan end O. #. Simpson for 'study, report and recommendation to Council. The motion was seconded by Mr. Mebber and unanimously adopted. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Pomer Company, transmitting a list of street lights installed during the month of Jnly. 1962, was before Council. On motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted. the communication was ordered filed. AUDITORIUM-COLISEUM: A communication from Mr. H. R. Keister. Jr., Preside 5outnmest Section of the Virginia Chapter of American Institute of Architects. suggesting that due to the magnitude and importance of the proposed auditorium- coliseum pro~ect the following procedure be followed: adequate funds be appropriat~ to develop a program uhich is based on immediate and long-range needs; the program be developed by qualified auditoriumocollseum professionals and architects; and the architects be selected early to assist in the development of the program and to prepare preliminary drawings and perspectives, nas before Council. On motion of Mr. Pollard, seconded by Dr. Cornell and unanimously adopted, the communication was ordered filed. TRAFFIC: A communication from Mr. Horace Hood II1. President. Roanoke Valley Safety Council, requesting that City Council. after making its final determination concerning the new proposed downtown traffic and parking plan. give serious consideration to an intensive public education campaign prior to implement- ing the new plan, was before Council. On motion of Mr. Young, seconded by Mr. Dillard and unanimously adopted, the communication was tabled until such time as Council considers a revised traffic plan for the downtown business area. SEWERS AND STORM DRAINS: A petition signed by forty-one property omners, requesting that drainage conditions in the vicinity of King Street and Clime Street N. E., be relieved, was before Council. On motion of Mr. Dillard, seconded by Dr. Cornell and unanimously adopted the request was referred to a committee composed of Messrs. Benton O. Dillard. Chairman, Roy L. Mebber and Vincent S. Mheeler for investigation, study and report to Council. ;:437 STATE HIGHMAYS-STMEETS Ah~ ALLEYS: A joint request of the City Manager and the Community Hospital of Roanoke Valley that Elm Avenue, S. E., from Jefferson Street to Third Street, be vacated, discontinued and closed, and that Elm Avenue be relocated through the southern portion of Elmwood Park. nas before Council, In a discussion of the matter, the City Manager explained that several conferences have been held by representatives of the city. the Virginia Department of Highways and the Community Hospital of Roanoke Valley and that representatives of the Community Hospital have indicated that the existing site for the proposed hospital is too shallow to get proper approaches for emergency vehicles, adminis- trative space and facilities for receiving out patients; therefore, the hospital is willing to deed land to the city in connection with the Route 591 Spur in exchange for that portion of Elm Avenue between Jefferson Street and Third Street, the City Manager advising that it is impossible to say at this time whether the property of the City Rescue Mission will or will not he disturbed by the proposed plan. Mr. II. Cletus Droyles, City Engineer. exhibited a sketch of the proposed relocation, ~r. Oroyies pointing out that it will be up to the Virginia Department of Ilighways as to.whether or not any of the land of the City Rescue Mission will be taken in connection with the Route 501 Spur. ~r. W. P. Hazlegrove. Attorney, representing the Community Hospital of Roanoke Valley, advised that the hospital is almost compelled to have at least fi~eenfeet of Elm Avenue in order to get the building On the lot and that for that rea~on the hospital is milling to donate land in connection sith the Route 581 Spur in exchange for the portion of Elm Avenue proposed to be closed. The matter having been discussed at length, Mr. Dillard moved that the City Attorney be instructed to follow the necessary procedure for vacating, dis- continuing and closing Elm Avenue, $. E., from Jefferson Street to Third Street, and]i that furth ......ideration of the matter be der .... d until such ti .... f .... 1 application for the closing of the street is made to Council. The motion was seconded by Mr. Webber and unanimously adopted. ZONING: A communication from Mr. T. L. Plunkett, Jr., Attorney, represent- lng Mr. Milliam Watts. requesting that property located on the north side of ' Brambleton Avenue. $. W., east of Red Rock Road. described as Lot 16 and a portion of Lot 17, Hlock 5, Evergreen Development Company Map. Official Tax Nos. 1650519 and 1650520, be rezoned from ~eneral Residence District to Business District. was before! Council. On motion of Mr. Sheeler, seconded by ~r. Young and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council.[!!. SPECIAL pERMITS: A communication from ~mithey ~ Ooynton, Architects and Engineers, requesting permission to encroach on city property on First Street, S. W. a maximum of three inches, in order that the polished granite base which exists on the present Appalachian Power Company building may be extended, sas before Council. 438 Hr. Webber moved that Council concur in the request of Smlthey ~ Royuton and that the mutter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr, Young and unanimously adopted. REPORTS OF OFFICERS: DDDGET-TAXES: Yhe City Manager submitted a mrittea report, requesting that $500 be appropriated to Court Costs under Section #150, *Judgments and Losses,* of the 1962 budget, to cover certain expenses uhich have been recently incurred by the city in the nature of court costs and mitness attendance charges in the rather protracted trial Of a matter relating to a real estate tax assessment,. Mr. Mheeler moved that Council concur in the request Of the City Manager iland offered the following emergency Ordinance: (~ldf193) AN ORDINANCE to amend and reordain Section ~150, "Judgments and L o sses,' of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 428.) 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, hebber, theelev, Young, and the President, Mr. Anderson ................. 7. NAYS: None ...................O. STADIUM: The City Manager submitted a written report, together with a recommendation of the Stadium Advisory Committee that the rental of Victory Stadium for urestlingbe changed from $75 per night, or 10% of gross receipts, mhichever is greater, to $50 per night, or 5% of gross receipts, whichever is greater, effective immediately, in order to bring the rental of the stadium for wrestling in line with other rental activities now using the stadium. Mr. webber stated that if the Stadium Advisory Committee wants the rental of the stadium for wrestling in line with other rental activities now using the stadium, he feels the rate for such other activities should be increased to $?5 per night, or 10% of gross receipts, whichever is greater, and moved that the matter be referred to the City Attorney for preparation of the proper measure. Mr. Pollard offered a substitute motion that the matter be carried over until the next regular meeting of Council. The motion was seconded by Dr. Cornell and unanimously adopted. STORM DRAINS: The City Manager submitted a written report that Mr. Arthu] Taubman, President of Advance Stores Companies, Incorporated, has requested that the city extend a 36-inch drain, at its expense, for a distance of approximately 250 feet across the property of Mrs. Grace M. Taubman betueen Kerns Avenue and Floyd Avenue, S. W., west of the Norfolk and Western Railmay Company Belt Line described as Acreage, Wasena Corporation, Official Tax No. 1130611, in connection with proposed expansion plans, the City Manager advising that he has informed Mr. Taubman that this is contrary to city and governmental practices, but that he would bring it to the attention of Council for disposition. 43'9 la a discussion of the matter, the City Manager submitted a verbal report that the proJect will require approximately 300 feet of pipe at a cost of $2,250 for the pipe, with a comparable emount for labor, and that he is willing to use city labor forces to install the pipe if the property omner will furnish it. After 8 further discussion of the matter. Mr. Dillard stating that he feels the request of Hr. Taubman that the city bear the entire cost of the project should be denied, end Hr. Mebber pointing out that Council has gone on record os co-operating mith industries in the city. Mr. Dillard moved that Council concur in the verbal report Of the City Manager. The motion was seconded by Hr. Mheeler and unanimously adopted. AIRPORT-PARKS A~D pLAYGROUnDS: The City Manager submitted a written report, together with a list of appraisers of real estate needed by the city in Ii connection with the extension of Runmay 15-33 at Roanoke Runlcipal (Moodrum} Alrportl! that portion of the Mill Mountain development inside of the city, and that portion Ii of the Blue Ridge Parkway development outside of the city, the City Manager t. recommending that Council appoint appraisers for thesethree projects and appropriat[~~ $10,000 to pay for their services, a portion of which bill probably be refunded to the city at a later date. After a discussion of the matter, Council being of the opinion that only the appraisers for the airport project should be appointed at the present tine. Mr. Webber offered the following Resolution: (~14R94) A RESOLUTION appointing appraisers of real estate needed by the City for Airport Project (extension of Runway 15-~3). (For full text of Resolution. see Resolution Book NO. 2S. page 428.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Kebber. Mheeler, Young, and the President, Mr. Anderson ................. ?. · NAYS: None ................... O. Mr. Mebber then offered the following emergency Ordinance appropriating $5,000 to pay for the services of the appraisers: (=14D95) AN ORDINANCE to amend and reordaln Rection ;142, 'Transfer to Improvement Fund." of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 25, page 429.) Mr. Mebber moved the adoption Of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYER: Messrs. Cornell, Dillard, Pollard, ~ebber, Mheeler, Young, and the President. Mr. Anderson ............. ?. NAYS: None ................... O. BUDGET-AIRPORT: The City Manager, submitted a written report, together with a .tabulation of bids received by the Purchasing Agent for furnishing and '440 installing air-conditioning equipment in the Radar Scope and Equipment Rooms in the Terminal Building at the Roan,he Municipal Airport. showing the bid of Johnston-Vest Electric Corporation la the amount of $3.088 as lam bid. the City Manager advising that it mill be necessary for Council to appropriate this amount In order that the' contract can be awarded to the lam bidder, the cost of this installation to be paid for through the Services and Facilities Contract nam held with the Federal Aviation Agency at a rate of approximately $759.75 per year for four years. Dr. Cornell moved that Council concur in the report of the City Manager and offered the following emergency.Ordinance appropriating $3.088; (a14§g6) AN OgDINANCE to amend and ~eordain Section ~144. *Departmental Equipment and Improvements.# of the Ig62 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 25, page 429.) Dr. Corn. Il moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Corn,Il. Dillard. Pollard. Webber. Wheeler. Young. and the President, Rr. Anderson ............. 7. NAYS: None ................... O. Mr. Webber then moved that the matter of providing for payment by the Federal Aviation Agency of a rate of approximately $759.75 per year for four years for this improvement through its Services and Facilities Contract he referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Dillard and unanimously adopted. YRAFFIC: Council on June 5, 1962, having held a public hearing on the report of the Virginia Department of Highways on the Traffic and Parking Survey made for the City of Roanoke and it having been suggested at that time that city officials and other interested groups get together and try to work Out some plan that would be reasonably acceptable to all concerned, the City Manager submitted a written report, transmitting a revised traffic plan for the downtown business area. express- lng the belief that the proposal should be experimented with for approximately six months. In this connection, Mr. Richard F. Pence. Attorney. along with other interest. citizens, appeared before Council 'and asked that action on the revised plan be delayed from thirty to sixty days in order that it might be given further study by all concerned. Mr. Young moved that Council concur in the request of Mr. Pence and that the matter be carried over until its regular meeting on October 1, 1962. The motion was seconded by Mr. Dillard and unanimously adopted. STATE HIGHWAYS: Council at its last regular meeting having carried over until the present meeting a recommendation of the City Manager that he be authorized to initiate a Federal Aid Urban Project for uidening and channeling the Williamson Road - Orange Avenue intersection in accordance with ashetch dated February O. 196; 441 and revised March 14, 1962. the City Haaager submitted a written report, together mith an analysis of the accidents and property damages at this intersection during the past five years, the City #manger also presenting copy of a communication from Mr. J. E. Johnson, Urban Engineer, Virginia Department of Hlghmays. advising that it will be necessary for the city to make a decision in this matter not later than September 1, 1962, In this connection, a group of representatives of businesses affected by the proposed change appeared before Council, Mr. Morton Doneymon, Attorney, representing the Holiday Inn, pointing out that a 14-foot raised median strip would prohibit traffic coming into Roanoke from the east from making a left turn into the property of his client, mhich would inevitably result in a serious loss of business. Mrs, Alice P~ rice, Executive Secretary of the Roanoke Valley Safety Council, appeared before Council and presented a communication, advising that the Safety Council feels a solution to the Orange Avenue - Milliamson Road intersection problem is imperative and that action cannot be delayed much longer, that it has no reco~nendations as to exactly what changes should be made. but that it strongly recommends that Council take steps at once toward correcting thc dangerous situation which exists at this intersection. After a discussion of the matter, it being brought out that no meeting has been held between city representatives and the property owners in the affected area with a view of working out a solution to the problem, Mr. Dillard moved that a public hearing on the matter be held at 2 p.m., Monday, August 20, 1962. After a further discussion of the matter, Mr. Mebber stating that ho does not feel the present plan is the solution to the problem and Mr. Young reiterating that in his opinion when the Interstate 501 Spur is completed, the problem will be solved, Mr. Webber offered a substitute motion that the request of the City Manager that he be authorized to initiate a Federal Aid Urban Project for this intersection be denied. The motion was seconded by Mr. Dillard and adopted. Mayor Anderson voting no on the grounds that he feels perhaps a solution to the problem could be worked out at a public hearing. TRAFFIC: Council having referred to the City Manager for study and reporV a request of Mr. J. D. Rice that traffic lights be installed at ~insloe Drive and Yardley Drive and at Minsloe Drive and Frontier Road. N. ~., he submitted a written report, advising that a survey showed no justification for traffic signals at these locations; however, a PStop" sign is being erected at the intersection of Yardley Drive and Frontier Read because of the necessity for school children going to Preston Park School having to walk Jn the street along Frontier Road due to the absence of sidewalks. On motion of Mr. Mheeler, seconded by Mr, Pollard and unanimously adopted, the report of the City Manager was accepted and ordered filed. RECREATION DEPARTMENT: Council having previously received a petition signed by sixty-three citizens of the Hollins Road section, requesting relief from the noise emanating from Don and Dick*s Drive-In, 1419 Hollifls Road. N. E.. as n ~442 result of teenage hops held on its parking lot on Saturday nights, end having referred the request to the City Manager for a study of the situation for font reeks and report back to Council, the City Manager subtltted a trltten report. advising that the dsnces bare been checked for four consecutive Saturday nights, and in his opinion they are nothing tore than a neighborhood outdoor dance conducted in n legal and orderly manner. In this connection, Mr. Charles H. Osterhoudt. Attorney, representing Don and Dick*$ Drive-In, appeared before Council and requested that permission be granted to extend the dances through the month Of September. The City Manager reporting verbally that be sees no objection to continntng these dances. Dr. Corn*Il moved that Council approve the report of the City Manager and that permission be granted to continue the dances through the month Of September, 1962. The motion was seconded by Mr. Dillard and unanimously adopted. RECREATION DEpARTMENT-pARKS AND PLAYGROUNDS: Council having previously received a report of the City Manager, advising that it will cost approximately $7,$00 to fnrnish a new shelter and toilet facilities in Eureka Park, or $2,800 to repair the existing house and picnic shelter, and having referred the matter back to him to explore the possibility of purchasing one of the dwellings in the Eureka Park area and converting it into a community center, the City Manager submitted a written report, advising that although the thought has merit, he has been unable to locate a satisfactory building, and recommended verbally that the matter be referred to the Budget Commission for its consideration. Mr. Wheeler moved that Council'concur in the recommendation of the City Manager and that the matter be referred to the Budget Commission for its considera- tion. The motion was seconded by Mr. Pollard and unanimously adopted. AIRPORT: The City Manager having previously recommended that the lease of hr. Eugene B. Bass for a 2,435-acre'tract of land at the Roanoke ~unicipal Airport. on which Mr. Bass conducts a portion of his house trailer court, be renewed for a period of four years at the existing rate of $75 per month, effective September 1, 1962. and Conncil having directed that the lease he renewed for a period of one year at a rental of $100 per month, the City Manager submitted u written report, together Hath a communication from Mr. Bass, advising that since he has realized no profit from his investment on this property, he has no alterna- tive but to accept the lease at the increased monthly rate. Mr. Mheeler moved that the foil*Ming Ordinance be placed upon its first reading: (~14BgT) AN ORDINANCE providing for the leasing of a certain 2.435 acre parcel of land at Roanoke Municipal Airport to Eugene B. Bass and Billie B. Bass upon certain terms and conditions. WHEREAS, Eugene B. Bass and Billie B. Bass, whose lease from the City of certain land at the Roanoke Municipal Airport expires on the 31st day of Angnst, 443 1962. bare offered and agreed in mritlag to enter into a eau lease with the City of the.land hereinafter described upon the terms and conditions hereinafter set forth; and MHEREAS. the City Manager has recommended to the Council that the uJthin authorization be made by said Couacll. TDEREFObE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept the offer and agreement of Eugene D. Bass and Billie B. Bass to lease from the City for a term of one (1) year commencing as of the first day of ~eptember. lgbb. and terminating On the 31st day Of Augost. 1963. the follouing real estate, to-wit: ALL that certain lot or parcel of land at the Roanoke Municipal Airport, in Roanoke County, Virginia, situate on the southeast side of Peters Creek Road. (State Roate 117). east of State Route 666. adjoining the east line of property omned by Eugene B. Bass and Billie B, Bass. fronting bO0,O linear feet on said Peters Creek Road and extending back therefrom in a southeasterly direction between parallel lines 530.34 feet, more or less. and containing 2.435 acres; said land to yield a monthly rental of $100.OO. payable in advance throughout the term thereof, to he nonas$ignable or transferrable nor subject to subletting on the part of the City*s lessees, and to contain provision that either party may terminate said lease at the end of any calendar month during its lb-month term provided the party so desiring to terminate said lease shall give notice in ~ritJng of such intent to the other party not less than sixty (60) days prior to the date of such termination; and provided, further, that after August 31. 1963. any holding over of the leased premises by the said lessees shall be on a month to month basis at the rental hereinabore provided and subject to termination by either party upon thirty (30) days* notice in writing to the other party given prior to the end of any calendar month. ~E IT ~URYRER ORDAINED that upon preparation by the City Attorney of a lease between the City and the aforesaid lessees, incorporatin9 the terms and conditions herein provided and upon execution of said lease by said lessees, the City Manager shall be, and he is hereby authorized and directed to execute said lease on behalf of the City. The motion was seconded b~Mro Iollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Rabbet, ~heeler, Young, and the President. Mr. Anderson ................. NAYS: None ...................O. STATE DICH~AYS-MATER DEPARYBENT: The City Manager having previously advised Council that if a steel pipe casing is used in place of a box culvert as a conduit for a future bO-inch water main in Aspen Street, N. N., in connection with the proposed Delray expansion program, an additional bt-inch pipe casing will be necessary forfuture use, the installation Of the two b4-inch steel pipes being estimated at $10,b34.§4 as compared with the original estimate of Sg,O00.O0 for the box calvert, and the matter having been referred back to him for consultation,with 4'44 Alvord, BurdJch and Howson ns to the iostnllotioa of one st'eel pipe, he submitted a written report, advising that he has been informed by the firm of Alvord, Durdic~ :and IIouson that it believes provision should be made now, when the highway is being ibuilt, for space to accommodate a second feeder main, and that.since the box culvert !will be cheaper than two 24-inch steel pipe enclosures and will be much superior :to the 240inch pipes because it would permit Inspection and maintenance of the maios it is the recommendation of the firm that the proposed culvert be provided when the highway is being constructed. Ia a discussion of the matter, Mr. Young stated that in view of the mmendatlon of the consulting engineers, be wishes to withdraw bis request for a steel pipe casing and is willing to go along with the installation of the box culvert. Mr. Webber questioned installing a second water main parallel to the proposed water main in the event of future additional expansion of the Delray System, stating that it seems to him any future line should be installed in Peters Creek Road. After a further discussion of the question, Mr. Dillard moved that the report of the City Manager be received and filed. The motion was seconded by Mr. Pollard and unanimously adopted. Or. Cornell then offered the following emergency Ordinance authorizing the City Manager to enter into an agreement with the Virginia Department of Digbways for construction of tbe box culvert: (:14698) AN ORDINANCE providing for the construction of a standard S-foot by 4-foot box culvert for water mains across tbe Interstate Route $81 right of way; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 429.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote, Mr. Mheeler stating that he still feels the box culvert is too big: AVES: Messrs. Cornell, Dillard, Pollard, Mebber, Voung, and the President, Mr. Anderson .......................... NAYS: Mr. Mheeler ..................... Mr. Young offered the following emergency Ordinance appropriating the sum of $9,000: (~14D99) AN ORDINANCE to amend and reordain "Non-Operating Expense" of the 1962 Mater Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinagce, see Ordinance Book No. 25, page 430.) 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 President, Mr. Anderson ................. HAYS: Mr. Mheeler ............ 445 REPORTS: The City Hauager submitted a oritten report, transmitting a report of the Department of Public Nelfsre for the month of June, 1962, and listing monthly departmental reports on file ia his office. On motion of Mr. Wheeler, seconded by Wr. Pollard and unanimously adopted, the report was ordered filed. STREETS AND ALL£YS: Council having referred to the City Planning Commission for study, repo*rt and recommendation a request of MFS. Grace N. Taubman, that that portion of Floyd Avenue, S. R., east of its intersection uith Welton Avenne, be vacated, discontinued and closed, the City Planning Commission a ~ritten report, recommending that the request be granted. Mr. Wheeler moved that a public hearing on the matter be held at 2 p.m** September IO, 1962, The motion was seconded by Hr. Pollard and unanimously adopted. STREETS AND ALLEYS: Council having previously referred to the City Planning Commission for study, report and recommendation a request of Mrs. Octavia DeWitt, et al., that that portion of a 2e-foot alley running north and south between Railroad Avenue and Russell Avenue, S. W., to its intersection ~ith an alley running east and ~est between Rridge Street and ~arsick Street, S. W., be vacated, discontinued and closed, the City Planning Commission submitted a ~ritten report, recommending that the request be granted. Wt. Wheeler moved that a public hearing on the matter be held at 2 p.m., September 10, 1962. The motion was seconded by Mr. Follard and unanimously adopted. ZONING: Council having previously referred to the City Planning Commission for study, report and recommendation a request of Mr. and ~rs. Roy Milton Cald~ell, that property located on the west side of Peters Creek Road, N. N.. southi! of Longwood Avenue, described as Lots 0 and 9, M. S. Clark Wap, Official Tax Nos. .2770201 and 27?0202, be rezoned from Special Residence District to Business District, the City Planning Commission submitted a written report, advising that the Planning Commission concluded that the use of this property for an animal hospital would be detrimental to the surrounding residential development and mould be considered undesirable in this location, the Commission recommending that the request for rezonin9 be denied. Iff this connection, the City Clerk presented a communication from Mr. ~. L. Plunkett. Jr., Attorney,,representing the petitioners, requesting Council to permit them to mithdrau their petition for rezoning. Dr. Cornell moved that Council concur in the request and that the request for rezonin9 be withdrawn. The motion Has seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: SEWERS AND STORM D~AINS: Council having previously referred to a committee composed of Messrs. Arthur S. O~ens, Chairman, H. Cletus Broyles and John L. Wentworth, for tabulation and report, bids received on the construction 446 of · sanitary sexer for a distance of approxlmotely 9,300 feet along Lick Run from the existing manhole in the vicinity of Matts Avenue. N, M., to the Ferncliff Pumping Station. the committee submitted a written report, together with a tabulation shomlng the bid of Draper Construction Company in the amount of $?0,336 as lom bid, and recommended that the contract be awarded to Draper Construction Company in the amount of $70,336 and that the sum of $70,354 be appropriated to cover the contract and the Sift advertising cost. Mr. Dillard moved that Council coocur in the recommendation of the committee and of£ered the following emergency Ordinance: (a14gO0) AN ORDINANCE accepting the proposal Of Draper. Construction Company for construction of n 24' sanitary sewer along Lick Run; authorizing the proper City officials to execute the requisite contract; rejecting the other bid; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 431.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Corneli and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Mebber, ~heeler. Young, and the President. ~r. Anderson ................. 7. NAYS: None ...................O. ~r. Pollard then offered the following emergency Ordinance appropriating $70,354: (~14901) AN ORDINANCE to amend and reordain Section ~141, #Sewer.and Drain Construction," 'of the 1962 Appropriation Ordinance, and providing for an emergency+ (For full text of Ordinance, see Ordinance Book No. 25, page 432.) Mr. Pollard moved the adoption of the Ordinance, The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, Webber. ~heeler, Young, and the President. Mr. Anderson ................. NAYS: None ...................O. AIRPORT: Council having previously referred to a committee composed of Messrs. Roy R. Pollard. Sr., Chairman, Marshall L. Harris and Arthur S. Owens for study, report and recommendation bids received on operating the automobile parking lot at the Roanoke Municipal Airport for a three-year period, the committee submitted a written report, advising .that it is of the opinion that the proposal of the Airport Parking Company of America, which guarantees an average of $11,O00 per year to the city for a three-year period, is the best bid. and recommending itt acceptance. In a discussion of the matter, Mr. Dillard protested that he feels the parking lot should be operated by the city. Mr. Marshall L. Harris, Airport Manager. who was present at the meeting, stated that the parking lot could be operated By city forces, but that it would 44'7 require additional personnel, sad thio since the city laths experience in operating a parhJug lot, he does not believe It could do as good a Job as aa organization which has had experience in this field. In answer to ao objection from Mr. Dillard that the rates will be too high, Hr. Darris advised that the minimum rates ore the first twenty uioutes free; twenty-fire cents for the first two consecutive hours, or fraction thereof, including free time; Oeo cents for the next six consecutive hours, or fraction thereof; fifteen cents for the next four consecutive hours, or fraction thereof; twenty-five cents for the next twelve consecutive hours, OF fraction thereof; seventy-five cents for the next twenty-four consecutive hours, OF fraction thereof; and five dollars per week, and that if the concessionaire wants to increase these rates, Itwill have to confer with Council. The hatter buying been discussed at length, MFo Pollard moved that Council concur in the recommendation of the committee and that the following Ordinance be placed upon its first reading: (m14gO2} AN ORDINANCE acceptin9 the proposal of Airport Parking Company of America for operating the automobile parking lot at Roanoke Municipal (Woodrum) Airport; authorizing the proper City officials to execute the requisite lease; and rejecting all other bids. NHEREAS. the Purchasing Agent has heretofore publicly advertised for bids for operatin9 the automobile parking lot at Roanoke Municipal (~oodrum) Airport on a three-year lease from the City; and WHEREAS. agreeable to said advertisement, four proposals were received for the operation of said parking lot; were opened and read before this Council at its regular meeting of July 30. 1962; and. on notion duly made, seconded and carried, were referred to a committee composed of Councilman Roy R. Pollard, Chairman, the City Manager and the Manager of the Airport to tabulate said bids and to determine the best bid submitted and to recommend unto this Council which, if either, bid should be accepted; and MRERRAS, the aforesaid committee has determined that the best bid was submitted by Airport Parking Company of America. which said bid guarantees a net average of $11,000.00 per year to the City plus 60 per cent of gross annual receipts in excess of $35.000°00, and has recommended the acceptance of said proposal and the execution of the lease as contemplated by said advertisement, in which recommendations this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Airport Parking Company of America for operating the'automobile parking lot at Roanoke Municipal (Woodrum) A,rport, which said proposal guarantees a net sum of $10.000.00 to the City the first year; the net sum of $11,000.00 to the City the second year; and the net sum of $12,000.00 to the City the third year, plus 60 per cent of gross annual receipts in excess 44'8 of $35,000.00. mhlch proposal ia os file la the office of the City Clerk, be. and said proposal is hereby, accepted. 2. That the City Macager and the City Clerk be, and they are hereby, authorized and directed, for aa nc behalf of the City. respectively, to execute and attest the requisite lease, the terms of which shall be approved by the City Manager and the form of which shall be approved by the City Attorney, 3. That the proposals of all other bidders for operating said parhing lot be, and the same are hereby, rejected. The motion was seconded by Mr, Young and adopted by the following vote: AYES: Messrs. PollaFdo Mebber, ~heeler. Young, and the President, Mr. Anderson .................................... NAYS: Uessrs. Cornell and Dillard ....2. WATER DEPARTMENT: Council having previously referred to a committee composed of Messrs. Roy R. Pollard. Sr., Chairman, Arthur S. Owens and Randolph G. Whittle for study, report and recommendation a request of Mrs. Nettle O. Barbour, et al., o~ners Of a tract of land located on Riverland Road, S. E., east of the former American Viscose Corporation property, in the vicinity of Muse Spring, Official Tax No. 4250104, that the city release its water riohts on said tract of land, the committee submitted a written report, advising that it is of the opinion that the city*s water rights in this land are of no present or future value to it and recommending that the request be granted. Dr. Cornell moved that Council concur in the recommendation of the committee and that the following Ordinance be placed upon its first reading: (u14903) AN ORDINANCE authorizing the ~ayor and the City Clerk, for and on behalf of the City of Roanoke, to execute a Release and Quitclaim to certain water rights now held by the City of Roanoke on an 0.33 acre tract of land owned by Nettle O, Barbour, et al,, designated as Of£icial Tax No. 4250104 in the City of Roanoke. ~IIEREAS, NettJe O. Darbour nad others have requested that the City of Roanoke execute a Release and Quitclaim of certain water rights fully described in the ordaining clause of this ordinance which now cloud the title to the real estate hereinafter described; and WHEREAS. the City of Roanoke will suf£er no inconvenience by the release of such water rights. THEREFORE. RE IT ORDAINED by the Council of the City of Roanoke that the Mayor of the City of Roanoke and its City Clerk be. and they are hereby, authorized and directed to execute, for and on behalf of the City. 'a Release and Quitclaim deed to Nettle O. Rarbour and others, releasing and quitclaiminR all right, title and interest in and to the water rights as set forth in a deed from William Muse. Jr.. et al., to Roanoke Cas and ~ater Company (the predecessor in title to the City of Roanoke) dated November 24, lgO7. and of record in the Clerk*s Office the Circuit Court of Roanoke County, Virginia, in Deed Rook 41, page 448, On a 449 . tract of approximately 0.33 acres lying on the south bank of Roanoke River betmeen said river and Riverland Road and bounded on the east by Dennington Street, S. E., and officially designated as Roanoke City Tax Appraisal No. 4250104; the deed hereby authorized to be executed shall be first approred as to form by the City Attorney.. . The motion was seconded by Rr. Pollard and adopted by the folloeing vote: AYES: Ressrs. Cornell, Dillard. Pollard. Nebber. MheeleF, Young, and the President, Mr. Anderson ................. ?. NAYS: None ...................O. DNFINISBED BUSINESS: NONE. CONSIDERAYION OF CLAINS: NONE. INTRODUCYION AND CONSIDERATION OF OROINANCES AND RESOLBTIO~S: STREETS AND ALLEYS: Ordinance No. 14077, vacating, discontinuing and closing First Street, ~. E., between Elm Avenue and Mountain Avenue; also, a E., 20-foot alley running north and south between Elm Avenue and Mountain Avenue. parallel to Jefferson Street and First Street, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Nheeler offering the follosing for its second reading and final adoption: (=14077) AN ORDINANCE vacating, discontinuing and closing (1) that certain portion of First Street, S. E., extending from the southerly side of Elm Avenue. S. E., to the northerly side of NountaJn Avenue, S. E.. and (2) that certain alley extending from the southerly side of Elm Avenue, S. E., to the northerly side of Rountain Avenue, $. E., located between Jefferson Street and First Street, S. and running parallel thereto. (For full text of Ordinance. see Ordinance Book No. 25, page d25.) 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. Nebber. Wheeler. Young, and the President, Mr. Anderson ................. 7. NAYS: None ...................O. SALE OF PROPERTY: Ordinance No. 14098, authorizing the sale of property located on the south side of Rorer Avenue, S. N., ~est of Twentieth Street, described as Lot 1, Block 30, Nest End and River View. Official Tax No. 1312700, to Mr. B. Stout at a price of $1.O00, net cash. having previously been before Council for its first reading, read and laid over, was again before the body, Nr. Young offering the following for its second reading and final adoption: (~14§9D) AN ORDINANCE authorizing the sale of Lot 1. Block aB, according to the Map of River Vie~ and Nest End Land Companies, to B. F. Stout, upon certain terms and conditions. (For fmll text of Ordinance, see Ordinance Boob No. 25, page 42?.) ir. Young moved the adoption of the Ordinance. The motion ~as seconded by Ir. Nheeler:and adopted by the follosing vote: , AYES: Nessrs. Cornell, Dillard, Pollard, Nebber, Nheeler, Yonng, and the President, Mr. Anderson ................ NAYS: None ...................O. 450 STATE HIGHWAYS: Council having previously directed the City Attorcey to prepare a Resolution informing the Drifted States Bureau of Public-Roads and the Virginia Department of Dlghmays that Council presently recognizes the need for the future extension of Interstate Route 5RI from its presently autborized terminus at Elm Avenue, $. E.o to the east line of Jefferson Street. and that it commits ltsel~o insofar as it bas the legal right so to do, to initiate such a project not later than 1972, he presented same; uhereupon. Mr. ~heeler offered the following Resolution: (z14904) A RESOLUTION informing the United States Dareau of Public Roads and the Commonwealth of Virginia, Department of Rlghuays, that this Council presently recognizes the need for the future extension of Interstate Route 581 from its presently authorized terminus at Elm Avenue, S. E., to the east line of Jefferson Street and stating this Council's intentions regarding such future extension. (For full text of Resolution. see Resolution Book No. 2S, page 432.) Mr. ~heeler moved the adoption of the Resolution. The motion was seconded !!by Rt. Pollard and adopted by the following vote: AYES: Messrs. Bornell, Dillard, Pollard, ~ebber. ~heeler. Young. and the Fresident, Mr. Anderson ................. 7. NAYS: None ................... O. BUDGET-AIRPORT: Council having previously directed the City Attorney to prepare the proper measure authorizing a change order in the contract for overlay paving of Runway a-23 under Project 9-44-012-11 at the Roanoke Municipal (Woodrum) Airport to provide for application of a seal coat to the surface of the entire length of the runway at a cost of $10,675.94, he presented same; whereupon, Mr. Pollard offered the following Resolution: (~14905) A RESOLUTION extending the contract of June 0, 1961, between Adams Construction Company and the City of Roanoke for bituminous overlay to strengthen Runway 5/23 from Sta. I + 76 to Sta. 34 + O0 at Roanoke Municipal (Woodrum) Airport. (For full text of Resolution, see Resolution Book No. 25, page d33.) Mr. Pollard moved the adoption of the Resolution. The motion sas seconded by Mr. Webber and adopted by the follo~ing vote: AYES: Messrs. Cornell, Dillard. Pollard, Kebber, Wheeler, Young, and the President, Mr. Anderson ................. 7. NAYS: None ...................O. Mr. Young then offered the following emergency Ordinance appropriating $10,675.94: (~14906) AN ORDINANCE to amend and reordain Section ~142, "Transfer to Improvement Fund," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 434.) .451 Hr. Young moved the adoption of the Ordinance. The motion mas seconded by Hr. Wheeler and adopted by the following vote: AYES: Messrs. Coroell, Dillard, Pollard, Mebber. Wheeler, Young, and the President, Hr. Anderson ...................... ?. NAYS: None ............................O. BUDGET-DEPARTMENT OF PUBLIC WELFARE: Council having previously directed the City Attorney to prepare the proper measure approving the budget of the Department of Public Welfare for the fiscal year beginning July 1. 1q62. and efldfng June 30, 1963, he presented same; whereupon, Ur. Mebber offered the following Resolution: (#14~OY) A RESOLUTION approving the budget of the Department of Public keifare for the fiscal year beginning July 1, 1962. and endin9 June 30, 1963, presently on file in the office of the City Clerk and previously approved by the State Department of Welfare and Institutions. (For full text of Resolution, see Resolution Book NO. 25. page 435.) Mr. Webber moved the adoption of the Resolution. 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. Council having also directed the City Auditor to furnish the information required to amend Section ~52, *Public Assistance.# of the 1962 budget, for the balance of the year, to conform to the budget as presented, he submitted a written report, settinR forth the necessary budget changes, and advised that the adjustmentsll will Give a net decrease of $1B.229.11 and a net decrease in the estimated revenue of $20,394.00. Mr. Webber offered the following emergency Ordinance providing for the necessary budget changes: (~14908) AN ORDINANCE to amend and reordain Section ~52, 'Public Assistance.' of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25. page 435.) 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, Wheeler, Young. and the President. Mr. Anderson ................. ?. NAYS: None ...............~---0. MOTIONS AND MISCELLANEOUS BUSINESS: CELEBRATIONS-CIVIL NAR: Mayor Anderson advised Council that Mr. John E. Noore. General Chairman of the Roanoke City-County Civil Nar Centennial Commission, has informed him that the Commission has requested that the National Park Service establish a National Historical Park at Ranging Rock to commemorate a battle which was fought there during the Civil Nar, which request is being considered by the 452 National Park Service ot the present time, Mayor Anderson pointing out that the request has keen endorsed by the Board of Supervisors or Roanoke County end the Council of the Tomo of Salem and that the Commission has asked that the Council of the City of Roanoke also endorse this request, which he recommends be done. Mr. Dillard moved that Council concur In the request and that the matter be referred to the Citl AttoFnel faf preparntJon of the proper measure. The motion mas seconded by Hr. Rheeler and unanimously adopted. There being no further businesS, Council adjourned. APPROVED ATTEST: COUNCIL, REGULAR MEETING. Monday, August 27, 1962. The Council of the City of Roanoke met In regular meeting in the Council Cbaeber In the Municipal Building, Bonday, August 27. 1962, at 2 p,m,, the regular ne*ting hour, with the President, Mr, Anderson, presiding, PRESENT: Bessrs, Corn*Il, Dillard. Pollard, Mebber, Mheeler, Young, and the President, Mr. Anderson .......................... ?, ABSENT: None ..............................O. OFFICERS PRESENT: Mr. Randolph G. ~hittle. City Attorney, and Mr. J, Robert Thomas, City Auditor and Acting City Manager. INVOCATION: The meeting was opened with a prayer by Vice-Mayor Vincent S.!! Rheeler. MINUTES: Copy of the minutes of the regular meetin9 held on Monday, August 13, 1962, having been furnished each member of Council, on motion of Mr, Pollard. seconded by Dr. Corn*il and unanimously adopted, the reading was dispensed mith and the minutes approved as recorded. COUNCIL: The terms of Mayor Millis i. Anderson, Dr. Charles M. Cornell and Mr. Roy L. Webber as members of the Council of the City of Roanoke expiring August 31. 1962, Vice-Mayor [heeler presented each Of them a silver tray appro- priately inscribed. Mr. Dillard then moved that the City Clerk be directed to forward the following letter of appreciation to the three outgoing members of Council: WMayor Willis Mo Anderson. Dr. Charles M. Corn*Il, Mr. Roy L, Webber. Gentlemen: At the regular meeting of the Council of the City of Roanoke on Monday. August 27. 1962, on motion, duly seconded and adopted. I was directed to express to you. for and on behalf Of the remaining members of Council, their deep appreciation for the services you have rendered as members of that Governing Body. You are. indeed, to be commended for giving unstintedly of your time. energy and ability in your sincere efforts *to make Roanoke a better place in which to live** and for your unswerving determination to carry Out your convictions toward that end. The best wishes of your colleagues go with you as you finish your terms of office. May each of you derive a sense of satisfaction from a job well done** The motion was seconded by Mr. #heeler and adopted, Dr. Cornell, Mr. Webber and Mayor Anderson not voting. HRARING OF CITIZENS UPON PUBLIC MATTERS: COAL: Pursuant to notice of advertisement for bids for furnishing the City of Roanoke 500 tons, more or less. of ~3 Seam Pocahontas Mashed Furnace Coal, and 1,000 tons, more or less, of Pocahontas Dust Treated Washed Stoker Pea Coal, for the period from September 1. 1962. through August 31, 1963, saidproposala to be received by the City Clerk until 1:30 p.m., Monday, August 27, 1962. and to be 453 opened at 2:00 p.m.. before Council. Mayor Anderson asked if there mas anyone present who did not fully understond the advertisement, if there mas anyone present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone mould like to ask. and no representative present raising any q~estion, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened end read the.following bids~ Old Dominion Coal. Iron and Coke Corporation Blair Pitzer Coal and Fuel Oil Company. Bid No. 1 Incorporated Bid No. 2 Furnace Coal St,keF Coal F.O.B. Mine F.O.B. Mine $6.25 per ton $6.25 per ton $6.75 per ton $6.15 per ton $6.45 per ton $6.45 per ton On motion of Mr. Mheeler. seconded by Dr. Cornell and unanimously adopted. the bids were referred to a committee composed of Messrs. Arthur S. Owens. City Manager. Chairman. B. B. Thompson. Purchasing Agent. and John L. Wentworth. Director of Public Murks, for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. PARKS A~D PLAYCROUN~S-STR££TS AND ALLEYS: The Civic Improvement Committee and the Park Committee of the Garden City Civic League appeared before Council, with Mr. V. B. Garnand actJn9 as spokesman, and urged that the city purchase land in the Garden City area for park purposes; also. that Garden City Boulevard be widened IS feet on each side from Ray Road to Harts,ok Boulevard. Mr. Oarnand advisin9 that the property owners are willing to donate necessary land for widening of the street in exchange for curb and gutter and other considerations. Mr. Robber moved that the question of acquiring property in the area for park purposes be referred to the Budget Commission for its consideration and that the question of widening Garden City Boulevard be referred to the City Manager for a cost estimate. The motion was seconded by Dr. Corn,Il and unanimously adopted. PETITIONS AND COMMUNICATIONS: SCHOOLS: A communication from Mr. A. F. Fisher. Clerk of the Roanoke City tSchoolBoard. advising that the School Board at its meetin9 on August 20. 1962. llapproved a Resolution recommending that Council adopt an Ordinance electin9 that the city and the School Board be bound by the provisions of Article 102, Chapter 12, Title 22, of the Code of Virginia. 1950, as amended, since it is the judgment of the Board that all future assignments of pupils to schools in Roanoke should be done on a local basis, was before Council. Mr. Dillard moved that Council concur in the recommendation of the School Board and that the matter be referred to the City Attorney for preparation of the proper measure. The motion mas seconded by Mr. Rheeler and unanimously adopted. SALE OF PROPERTY-SCHOOLS: A communication from Mr. A. F. Fisher. Clerk of the Roanoke City School Board. advising that the School Board at its meeting on August 20. 1962. requested that Council authorize the sale of 4.12 acres of the Watts land to the Commonwealth of Virginia for a consideration of $12.568 in connection with Interstate Route 581. was before Council. 455 After a discussion of the matter, Mr. Dillard pointing out that the Ratt land nas originally purchased with school bond fundc and that any funds derived from the sale of a portion of the load chould be credited to that account, Mebber moved that Council concur in the reqoest of the School Board and that the matter be referred to the City Attorney for preparation of the proper measure, said measure to contain a stipulation that the funds derived from the sale of the proper f shall be credited to the School. Road Fund. The motion was seconded by Mr, Rheeler and unanimously adopted. REPORTS OF OFFICERS: AUDITS-CITY SERGEANT: The City Manager submitted a written report, transmitting a report of the Auditor of Public Accounts for the Commonwealth of Virginia on an audit of the accounts and records of the City Sergeant for the calendar year 1961. On motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the report was ordered filed. AURITS-MUNICIPAL COURT: The City Manager submitted a written report, transmitting a report Of,the Auditor of Public Accounts for the Commonwealth of Virginia on an audit Of the accounts and records of the Chief Judge of the Municipal Court for the calendar year 1951. On motion of Mr. Young, seconded by Mr. Pollard and unanimously adopted, the report was ordered filed. AIRPORT: The City Manager submitted a written report, requesting that he be authorized to execute a lease with the Federal Government for theuse Of a Walter Model M. F. crash fire truck at Moanoke Municipal (~oodrum) Airport for a period of five years. Mr. Dillard moved that Council concur in the request Of the City Manager and offered the following Resolution: (#14909) A RESOLUTION authorizing the City Manager to execute the lease agreement required by the Federal Government for the leasing to the City of one Nalter Model M. F. crash fire truck. (For full text of Resolution, see Resolution Book No. 25, page 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, Mebber, Mheeler, Young, and the President, Mr. Anderson ........................... NAYS: None ............................ O. BOARD OF A$SE$5ORS: The City Manager submitted a written report, advisln! that the lease on space in the building at 112 Kirk Avenue, $. [., for use by the Board of Assessors at a rental of $75 per month expires November 1. 1962, and that the Board Of Assessors has asked that the city rent space in the building at 115 Kirk Avenue, S. W., at a rental of $250 per month beginning September 1, 456 After a discessioa of.the wsttero,it being,brought out that.the owner of the property at 112 Kith Avenue, S, M** desires possession of the,property as~soon as possible, and members of Council objecting to the proposed rental fee of $250 per month and raising the question as to whether ov not sufficient space is availabl in the School Administration Huilding or Lee Junior High School for this purpose, Dr, Cornell moved that the matter be referred bach to the City Manager to ascertain whether or not sufficient space is available in city-owned buildings for use by the Board of Assessors, and, If not, to attempt to find suitable space at another location at a lower rate of rent, The motion was seconded by Hr. Mheeler and unanimously adopted, PURCHASE OF PROPERTY-STATE HIGHWAYS: The City Manager submitted a written report, advising that Mr. M. Price Fields has offered to sell a small triangular parcel of land, being a portion of a tract of land designated as Official Tax 2762701, located on the east side of Peters Creek Road. Ne W., north of Melrose Avenue. at a price of $1,800, for street widening purposes, and that the Virginia Department of Highways has agreed to participate in one-half of the cost for joint acquisition of the strip of land by the city and the state. After a discussion of the question, Council being of the opinion that the price requested for the land is excessive, Mr. Webber moved that the matter be referred to a committee composed of Messrs. Benton O. Dillard, Chairman, Roy Ro Pollard, Sr., and Walter L. Young to obtain more definite information in a con- ference with the City Engineer and to report back to Council. The motion was seconded by Mr. Mheeler and unanimously adopted. BUDGET-STATE HIGHWAYS: The City Manager submitted a written report, requesting that $43,623.H3 be appropriated to cover payment of Progress Bill No. 2 for the Peters Creek Road project. Mr. Young moved that Council concur in the request of the City Manager and offered the following emergency Ordinance: (~14910) AN ORDINANCE to amend and reordain Section ~140, "Street Con- struction," of the 1962 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho. 25, page 441.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYI~: Messrs. Cornell, Dillard, Pollard, Mebber, Mheeler, Young, and the President, Mr. Anderson ........................... NAYS: Hone ............................O. STREETS AND ALLEYS: The City Manager submitted the following report with reference to the acquisition of land for widening Salem Avenue, S. M., between First Street and Second Street: *Roanoke, Virginia August 27, 1962 TO the City Council Roanoke, Virginia Members of Council: On January 22, 1962, you adopted Ordinance Ho. 14697, in which yon directed that I mahe offers to the ten property Streets, You ulll observe in the last paragraph of this Ordi- satisfactorily for the purchase or the laud that the City Attorney It is, also the policy of the State, and'the City has con- · . s/ AFthurS. Owens In a discussion of the matter, the City Attorney advised Council that he highest price Council is willing to pay for the acquisition of the ten parcels of of said land, before his discovery of his legal exemption, connection fee was not established until 1954, and that even though he did not to pay the conuectton fee. 457 '~,§8 The City Attorney pointed out that there ere hundreds of cases like that of Hr, Atkinson ln~regard to the namer connection fee, After a discussion of the. mutter, Nr, Dillard voicing the opinion thut Hr, Atklnson should be refunded the 550,00, and Hr, Young stating that he does not feel Mr, Atkinson should be refunded the 550,00 because he hud sufficient oppor- tunity to hook onto the oity°s seuer prior to the time the 550,00 sewer connection fee mas established, bat that he does feel he should be refunded forty per cent of his water bills for the sewage treatment charge since he did not knom he was exempt from payment of such charges, Mr, Wheeler moved that the matter be referred to the City Attorney for preparation of the proper measure providing for a refund of 5108,?go Yhe motion was seconded by Nr. Dillard and unanimously adopted. AIRPORT: The City Hanager submitted a written report that the Federal Government has allocated 5469,500 under the terms of the Federal Airport Act for a project at Roanoke Huniclpal (No*drum) Airport to perform the foil*ming airport development: Land acquisition for airport development and clear zones 5160.500 Land acquisition for ALS lane 01,750 Extend existing runmay 15-33 (including HIRL) 4272*; and parallel taxiway to 5600* 207.250 Total 5469,500 and recommended that $480,000be appropriated from ~ater Department funds to pay the cJty*s share of the cost of the project, In this connection, Hr, Robert D. Wagner appeared before Council and questioned the legality of borrowing from the Inter Department funds, Nr. Wagner deploring sanitary conditionsat Carvlns Cove and contending that these funds are needed to correct such conditions, it bean9 his opinion that the airport is obsolete. After a discussion of the matter, Dr. Cornell raising the question as to whether or not the city has the legal right to borrow from the Water Department funds, and the City Attorney replying in the affirmative, and Rro Dillard voicing the opinion that the committee appointed to investigate sanitary conditions at Carvlns Cove should continue ~ith its investigation, Hr. Webber moved that Council concurin the recommendation of the City Ranager and offered the following emergenc] Ordinance: (a14911) AN ORDINANCE appropriating 5460,000°00 in installments from Water Department funds; and providing for an emergency. (For.fall text of Ordinance, see Ordinance Book No. 25, page 441o) Rro Webber moved the adoption of the Ordinance. The motion was seconded by Nr. Nheeler.and adopted by the.following vote: AYES: Hessrso Cornell, Dillard, Pollard, Webber, Nheeler, Young, and the President, Rte Anderson .... ~ ...................... ?. NAYS: None .............................O, DOUSING-SLUR CLEARANCE: The City Ranager submitted awritten report, together with the following communication from Mr. Tom Stockton Fox, Attorney for ,459 the City of Roanoke Redevelopment and Housing Authority, requesting that Council adopt & Resolution authorizing the City Auditor to advance unto the Housing Authority $6,266,20, to be used in an effort to adjust and settle certain claims against the Authority: "August 9, 1962 Honorable Randolph G, Mhittle, City Attorney, Msnicipal Building, Roanoke, Virginia, Bear Ran: Followingare the facts with regard to the approximate appropriations by the City of Roanoke Of certain features to clear up the Commonwealth Redevelopment Project la re prop- erties of Henry C. Manns, Benjamin F. Riles and wife, and Joseph 6, Gaskius. Henry C. Ranns asserts · contract with the Authority on two lots, 305-307 Raleigh Avenue in the Project Area, designated as Parcels 5 and 6, Block H, He is represented by James P. Hart, Jr,, who has given the Authority option, with n~merou$ extensions thereon, to purchase the property for $10,650,00. The highest appraisal on the property that we have been able to obtain is $7,850,00 or $2800°00 difference, The Urban Renewal office will only approve the expenditure by the Authority of the $7,650.00. our highest appraisal. On the Miles property, Lot 6, Block D, on which the Miles assert a contract for purchase, there has been no house erected, Suit for specific performance by the Miles is pending in the Law and Chancery Court, At the present stage of that litigation, counsel are attempting to agree on stip- ulation of facts. The Miles made a deposit on Hovember 1, 1956, of $1400.00. which the Authority holds. Interest at six per cent on this to August 1, 1962, is ~4§3.00, There has been some indication that a cash offer Of the return of the deposit and said interest sum might settle this suit. The Baskins property is Lot 7, Block B, likewise with no house thereon, and deposit was made on an alleged con- tract of $1600.00, Gaskins is also represented by James P. Hart, Jr,, and he states that 6askins will settle on the same basis as the Miles. The Casklns deposit uaw made on May 27, 1956, and interest at six per cent to August 1. 1962, is $466,25. If Council could appropriate the $2800.00 difference on the Manns and the two interest items on the Miles and Oaskin$, it would appear possible that all of the contro- versial claims in the Project could be ended, the only remaining one being Lot 1, Block C, owned by Cochran or Brown, the house being located on a lot which is within the proposed extension of the spur entrance on the south side of Orange Avenue, the said lot being also at least a part of the property which was orginally acquired by the City in the Orange Avenue widening, in which the State Ilighway Depart- ment still asserts an interest. Of course, the deposit funds due the parties alleging the contracts are available for return to them at any time. Very truly yours, s/ Tom Stockton Pox P. 6. Since writing the above, further conferences have been held with the attorneys for these parties, and definite commitments have been made by them as to what each will take in full settlement of their claims. Manns is for the additional amount of $2,B00.00, and Casktns and Riles are each for the amounts of $1,733.10 over and above the amounts of their deposits, or a total amount to be paid by the City to settle all three of $6,266,20. I am advised that the total prices demanded by the Miles and Goskins are almost exactly what the lots have ~460 although, of course, no such information has been divulged to them by the Authority. s/ T. S. F,# Dr. Coraell moved that Council concur in the request and offered the following Resolution: (#14912) A RESOLUTION authorizing the City Auditor to advance unto the City of Roanoke Redevelopment and Dousing Authority $6,266,20, (For full text of Resolution, see Resolution Hook No, 25, page 442,) Dr. Cornell moved the adoption of the Resolution. The motion was seconded by Dr. Wheeler and adopted by the following vote: AYES: Dessrs, CoFnell, Dillard, Pollard, Webker, Wheeler, Young. and the President, Mr. Anderson ........................... T. NAYS: None ............................. O. Dr. Cumuli then offered the following emergency Ordinance appropriating the $6,266.2o: (~14913) AN ORDINANCE to amend and reordaln Section #154, "Refunds and Rebates," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 25, page 443.) Dr. Cornell moved the adoption of the Ordinance. The motion was seconded by Dr. Dillard and adopted by the following vote: AYES: Ressrs. Cornell, Dillard, Pollard. Webber, Hheeler, Young. and tke President, Mr. Anderson .......................... 7. NAYS: None ............................. O. CITY AUDITOR: The City Auditor submitted a monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencing July 1, 1962, and ended July 31, 1962. On motion of Mr. Dillard, seconded by Mr. Pollard and unanimously adopted, the report was ordered filed. STATE CORPORATION COMMISSION: The City Auditor submitted a mritten report together with a comparative statement on property of Public Service Corporations levied on assessed values made by the State Corporation Commission for the years 1961 and 1962, showing an Overall increase in assessed values of $23,966.00 and an increase in levy of $22,905.71. On motion of Mr. Dillard, seconded by Dr. Nheeler and unanimously adopted the report was ordered filed. REPORTS OF COMMITTEES: CIVIL DEFENSE: Co'until having~previously referred to a committee composel of Messrs. J. Robert Thomas, Chairman. J, D. Sink and Arthur $. Owens, for tabulatio and report, bids on furnishing, modifying ~nd'installiug emergency electrical power equipment and appurtenances, Civil Defense Project No. VA 000-H(62), the committee Hr, Dillard moved that Council concur in the recommendation of the committee and offered the f,Il,ming emergency Ordinance: (m14914) AN ORDINANCE accepting the proposal of Cross Electric Company for furnishing, modifying and installing emergency electrical p,mar equipment and appurtenances, Civil Defense ProJect No. VA 000-8(62); authorizing the proper City officials to execute the requisite contract; rejecting the other bid; and providing (FOr full text of Ordinance, see Ordinance Book No. 25, page 443,) Mr, Dillard moved the adoption of the Ordinance, The motion mas seconded by Mr. Pollard and adopted by the following vote: WessFs, CoFnell, Dillard, Pollard, Webber, Wheeler, Young, and the AYES: President, Mr. Anderson ........................... ?. NAYS: None .............................O. SEWERS AND STORM DRAINS: Council having previously referred to n com- mittee composed of Wessrso Arthur S. Owens, Chairman, H. Cletus Broyles and John Wentworth, for tabulation and report, bids on the construction of sanitary sewer crossings under proposed Spur Route 581, the committee submitted a written report, together with a tabulation shomin9 the bid of Budgins and Pace in the amount of $26.590 as low bid, and recommended that the sum of $26.60? be appropriated to cover the bid of Hodgins and Pace and 917 advertising cost. Mr. Wheeler moved that Council concur in the ~ecommcndation of the com- mittee and offered the loll,win9 e~ergency Ordinance: (o14915) AN ORDINANCE accepting the proposal of Hudgins and Pace for construction of sanitary sewer crossings under proposed Spur Route 581; 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 444.) by Mr. Pollard and adopted by the following vote: AYES: Hessrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Hr. Anderson ........................... 7. NAYS: None .............................O. Mr. Wheeler then offered the following emergency Ordinance appropriating $26,607: (~14916) AN ORDINANCE to amend and reordain Section #141, "Sewer and Drain Construction," of the 1962 Appropriation Ordinance, and prorldin9 for an emergency, (For full text of Ordinance, see Ordinance Book No. 25, page 445.) 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, Mheeler, Young, and the President, Hr. Anderson ..........................?. NAYS: None ............................. 462 AIRPORT= The committee~appolated to tabulate bids received for the construction of n 12,000-volt commercinl~electricol service for ioanoke Municipal (¥oodrum) Airport submitted the: follomlng report: UAugost 16, 1962 To The City Council Roanoke, Virginia Members of Council= Attached hereto is a tabulation of bids for construction Of 12,000 volt commercial electrical service for Roanoke Municipal (Moodrum) Airport, Addition to FroJect 9o44-012-11, Electrical, mhich mere opened and read before City Council at its regular meeting August 13, 1962. As can be seen from the tabulation, two (2) bids mere submitted for this project. The lam bid mas submitted by Cross Electric Company in the . amount of $13,059,11. . Reflected in the Cross Electric Company*s bid is a deduction of $500,00 if the time to complete the jab set up in the specifications can be extended... Atwelve.(12)-ueeks delivery Transfer Oil Switch, It is recommended that the contract be awarded to Cross Electric Company in the amount of $13,05g.11 and that the time allowed be extended to 120 working days instead of the 45 working days set up in the contract due to the delay Jn obtaining the equipment. It is also recommended that the sum of $13.O76.11 be appropriated to cover the $13.059.11 Cross Electric Company's bid and the$1?.O0 advertising Respectfully submitted, s/ Arthur $? O~ens s/~not Lf. Mentworth of Public Morhs s/ H, Cletus Brovles s/ Marshall Lt Harris Il. Cletus Broyles. City Engineer Marshall L. Harris, Airport (#14917) AN ORDINANCE accepting the proposal of Cross Electric Company (Moodrum) Airport; authorizing the proper City officials to execute the requisite contract; rejecting the other bid;and providing for an emergency. (For ~ull textof Ordinance, see Ordinance Book No. 25, page 446.) by Mr. Pollard and adopted by the following vote: AYreS: Messrs. Cornell, Dillard, Pollard, Mebber, Wheeler, Young, and the NAYS: None .............................O. The City Auditor advising that the state has contributed $25,000.00 to the city for airport improvements and suggestin9 that this amount be appropriated to cover the $13.076.11 recommended by the committee, mith the balance to be used the following emergency Ordinance appropriating $25,000,00: (=14916) AN ORDINANCE to amend and reordain Section #142, 'Transfer to Improvement Fund** of the 1962 Appropriation Ordinance. and providing for an (For full text of Ordinance. fee Ordinance Book No. 25. page 447°) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Hr. Nebber and ndopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ........................... 7. NAYS: None ............................. O, RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS~ Council having referred to a committee composed of Wessrs, Roy L. Webber, Chairman, Benton O. Dillard and Rex T. Witch. Il, Jr., for study~ report and recommendation, the request of the Southeast Civic League that the city remove the entire back porch to the Big House in Buena Vista Recreation Center and build in its stead a one-room addition to the Big House, that a toilet for men be built at the north end of the room, and that a picnic shelter and outside toilet facilities be constructed in Jackson Park, the committee submitted a mritten report, recommending that the request for the one- room addition be granted and that $15,000 be appropriated for this purpose. Mr. Dillard moved that Council concur in the recommendation of the com- mittee and offered the following emergency Ordinance appropriating $15,000: (=14glq) AN ORDINANCE to amend and reordain Section ~144, *Departmental Equipment and Improvements,m of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 44H.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Dr. Cornell and adopted by the following vote: AYES: Messrs. Corn. Il, Dillard, Pollard, Webber, Wheeler, Young. and the President, Mr. Anderson ........................... ?. NAYS: None .............................O. PAY PLAN: A committee composed of Mayor Willis M. Anderson, Chairman, Mr. Benton O. Dillard and Mr. Walter L. Young submitted a written report, advising that it has approved increases in the administrative control rates under the Pay Plan for the City Auditor from Step I to Step 2 in Grade E-l, and for the City Clerk from Step I to Step 2 in Grade E-2, effective July 1, 1062, On motion of Mr, Wheeler, seconded by Mr, Young and unanimously adopted, the report was ordered filed. AUDITORIUg-COLISEUM: A committee appointed at an informal meetio9 of Council to recommend architects to be selected for the proposed auditorium-coliseum project submitted the following report: mAugust 13, 1962. Roanoke City Council, Roanoke, Virginia, Gentlemen: The undersigned were appointed as a committee to recommend architects to be selected for the proposed Auditorium-Coliseum project. We subeitted to all architects listed in the Roanoke telephone directory a questionnaire, a copy of which is attached as Exhibit A. 463 464 Seven replies were received end ore atteched. Rased on the answers to the questionnaire and our own best Judgment, me recommend that Council select for this project ac association of tbe,folloming firms: Smlthey.~ Royntoa, Architects and Engineers Thompson & Payne, Architects and Engineers Randolph Frantz ~ Associates, Architects Sowers, Bodes ~ MhitescarveF, Engineers TO us they seem a congenial group of architects end engineers to co-ordinate plans for both Auditoriam and Coliseum, They are local but have contacts with specialists elsemhere. More than gO men are in their coebined staffs. After selection they would consider a contingent fee arrangement. Their fee of 6~ will include the services of a full time inspector at their cost. Respectfully submitted, s/Murray A. Stoller Rurray A, Stoller, Chairman s/James E. Jones James E. Jones s/Halter L, Young Melter L. Young." Mr. Young moved that Council concur in the recommendation of the committee and offered the following Resolution: (#14920) A RE~0LUTION authorizing the employment of architects and engineers to prepare all plans and specifications, including the mechanical and to supervise the construction of the proposed auditorium-coliseum. (For full text of Resolution, see Resolution Book No. 25, page 448.) Hr. Young moved the adoption of the Resolution. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Wheeler, Young, and the President, Hr. Anderson ........................... NAYS: None ............................. UNFINISHED BUSINESS: STADIUM: Council at its last regular meeting having deferred action on a recommendation of the Stadium Advisory Committee that the rental of Victory Stadium for wrestling be changed from $75 per nights or 10% of 9r oss receipts, whic~gn~ater to $50 per night, or 5~ of gross receipts, whichever is greater, the matter was again before the body. Br. Cornell moved that Council concur in the recommendation of the Stadium Advisory Committee and that the matter be referred to the City Attorney for prepara- tion of the proper measure. The motion was seconded by Mr. Pollard and lost by the following vote: AYES: Messrs. Cornell, Pollard, and the President, Mr.~ Anderson ....... NAYS: Messrs. Dillard, Mebber, Mheeler and Young .......................4o CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 14RgO, rezoning property located on the mest side of South Jefferson Street, south of Twenty-second Street. described as Lots 17, 18, 19 and 20, Block 60, Cryst'al Spring, Official Tax Nos. 1051011, 1051010, 1051009 and 1051008, from General Residence District to Special Residence District, having previously been before Council fOr its first reading, read sad laid over, mas again before the body, MFo Wheeler offering the following for its second reading and final adoption: (a14890) AN ORDINANCE to au*nd 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 Boob Wa. 25, page 436.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Corn*Il, Dillard, Pollard, Webber, Hheeler, Young, and the President, Hr. Anderson ........................... ?. NAYS: None-r ........................... O. ZONING: Ordinance No. 14891, rezoning property located on the south side of Helrose Avenue, N. H., west of Thirtieth Street, described as Lots fl and 9 and the easterly ten feet of Lot 7, ~,.R, Roberts Hap, Official Tax Nos. 2530233, 2530234 and a portion of 2530232, from General Residence District to Business District, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Pollard offering the following for its second reading and final adoption: (z14§91) 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 8ugh No. 25, page 437.) Hr. Pollard moved the adoption Of the Ordinance. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Cornell, Dillard, Pollard, Webber, Nheelers Young, and the Presidents Mr. Anderson ........................... NAYS: None ............................. ZONINg: The Chpir having ruled at the last regular me*tin9 of Council that a motion to place Ordinance No. 14892, rezoning property located at the southwest corner of Crystal Spring Avenue, and Twenty-fourth Street. S. W., described as Lots 19 and 20, Block 46, Crystal Spring, Official Tax No. 1052309, from General Residence District to Special Residence District, upon its first reading passed on a 4-3 affirmative vo~e of Council, and the matter having been referred to the City Attorney for an opinion as to whether or nott in view of the opposition of citizens in the immediate area of the property proposed to be rezoned, the Ordinance requires a five-sevenths favorable vote Of all the members of Council, the City Attorney submitted a written opinionthat in view of the fact that 100~ of the owners of lots immediately adjacent in the rear of the property proposed to be rezoned have signed a protest against such change. Ordinance No. 14802 requires a five-sevenths favorable vote of all the members of Council to become effective. ,Hayor Anderson stated that in view of the opinion Of the City Attorney it is apparent to ~he Chair, and the Chair so holds, that Ordinance No. 14892 failed to carry on its first reading. 466 On. motion of Mr, Wheeler, seconded by Dr, Cornell and unanimously adopted the opiafoa of the City Attorsey mas recefred amd ordered filed, AIRPORT: Ordinance ~o, 14897, providing for the leasing or n 2.435-ecre tract of land at the Roanoke Municipal Airport to Eugene D. Mass andMlllie M. Mass for a period of one year efrectire September 1o 1962, at a rental of $100 per month. having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Wheeler offering the following for its second readin~ and final adoption: (#14D97) A~ ORDINANCE providing for the leasing of a certain 2.435 acre parcel of land et Roanohe Mnnicipal Airport to Eugene M. Mass and Willie M. Mass upon certain terms and conditions. (FOr full text of Ordinance, see Ordinance Dook ~o. 25. page 438.} Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Re ssrs. Cornell, Oillard, Pollard, Webber, Nheeler, Young, and the President, Mr. Anderson ........................... ?, NAYS: None ............................. O. AIRPORT: Ordinance No. 14902, accepting the proposal of Airport Parking Company of America for operating the automobile parking lot at Roanoke Muncipal (~oodrum) Airport for a three-year period, havin9 previously been before Council for its first reading, rend and ]aid over, was again before the body. Mr. Pollard. offering the follouing for'its second readingand finnl adoption: (~14902) AN ORDINANCE accepting the proposal of Airport Parking Company of America for operating the automobile parking lot at Roanoke Municipal (~oodrum) Airport; authorizing the proper City officials to execute the requisite lease; and rejecting all other bids, (For full text of Ordinance, see Ordinance Cook No, 25, page 439°) Mr. Pollard moved the adoption of the Ordinnnce. The motion was seconded by Rt. Youn9 and adopted by the following vote: AYES: Messrs, Dillard, Pollard, Webber, Wheeler, Young, and the President Mr° Anderson ..................................... NAYS: Dr, Cornell .....................1. RATER DEPARTMENT: Ordinance No. 14903, authorizing the Mulet and the City Clerk, for and on behalf of the City of Roanoke, to execute a Release and Quitclaim to certain water rights now held by the City of Roanoke on an 8o33-acre tract of land owned by Nettte O~ Barbour, et al., located on Riverland Road, S. E., east of the former American Viscose Corporation property, in the vicinity of Muse Spring, Official Tax No. 4250104, having previously been before Council for its first reading, read and laid over, was-again before the body, Rt. Young offering the following for its second reading and final adoption: (ml4g03) AN ORDINANCE authorizing the Mayor and the City Clerk, for and on behalf of the Citl of Roanohe, to execute a Release and Quitclaim to certain water rights now held by the City of Roanoke on an 8.33 acre tract of land owned by Nettle O. Bnrbour, et el,0 designated as Official Tax No, 4250104 in the City of Roanoke° (For full text of Ordinance, see Ordinance Dook No025, page 440.) Hr. Young moved the adoption of the Ordinance. The motion mas seconded bY Dr. Cornell and adopted by the rollomlngvote: AYES: iessrs..Cornell, Dillard~ Pollard~ Nehber, Mheeler,.¥oung, nnd the President, Hr. Anderson ........................... ?, ~AYS: None .............................aa SPECIAL PERMITS: Conncil baying previously directed the City Attorney to prepare the proper measure granting permission to the Appalachian Power Company to encroach on city property on First Street, S. M., a maximum of three inches, in order that the polished granite base which exists on the present building may be extended, he presented same; whereupon, Mr, Young moved that the following Ordinanc~ be placed upon its first reading: (~14921} AN ORDINANCE permitting a certain building proposed to be erected by Appalachian Power Company on Lot No, 1013301 as shown on the Tax Appraisal Map of the catI to encroach onto a portion of 1st Street, S, W,. north of Bullitt Avenue, S, W, ~HEREAS, Appalachian Power Company, owner.of the lot hereinafter mentionel and proposing to construct a new building thereon, has petitioned the Council for permission to construct said buildin9 so that the granite base of the westerly wall of said building may encroach over the east line of 1st Street, S, M,, abutting said lot. a maximum distance of three inches, extending from the present northeast cornel of 1st Street, S. N., and Bullitt Avenue northerly, along the east line of said street, a distance of approximately lob feet 7 3/0 inches, aS the same is shown on the sketch hereinafter referred to; and WHEREAS. pursuant to the authority vested in local governing bodies by Section 15-775 of the lgSO Code of Virginia, this Council is willing to permit said encroachment upon the conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be and is hereby granted Appalachian Power Company, its successors and assigns, to construct and maintain a proposed building on said company's property, known as Lot No. 1013301 as shown on the Tax Appraisal Map of the City of Roanoke, the polished granite base of the west wall of which may encroach a maximum of three inches over the east line of and into 1st Street. S. ~., commencing at the present northeast corner of 1st Street, $. W., and Bullitt Avenue and extending in a northerly direction along the east line of 1st Street lab feet 7 3/6 inches, as said encroachment is shown on a certain Sketch Showing Encroachment On Property Of The City of Roanoke, Virginia By Proposed Neu Addition to Appalachian Power Company Building, prepared by Smithey and Boynton, Architects, under date of August 21, lob2, a copy of which said sketch is on file in the office of the City Clerk; this Council reserving the unqualified right to cause the aforesaid encroachment to be discontinued at its pleasure mi*haut assigning any reason therefor and at the entire 46.7 468 expense of the aforesaid permit.ce mnd~' fnrthek* that said permittee, by making and continuing said encroachment, unconditionally agrees to indemnify and save harmless the City of Roanoke of'and from all claims for injuries or damages to persons or property that may arise by reason of such encroachmento The motion nas seconded by Hr. Pollard and adopted by the folloming vote: AYES: Messrs. Cornell, Dillard, Pollnrd~Webher. Nheeler. Young, and the President, Mr. Anderson ..................... ~-~-~7. NAYS: None .......................~--~--00 CIVIL NAR: Council having previously directed the City Attorney to prepar the proper measure endorsing the request of the Roanoke City-County Civil Nar Com- mission that the Notional Park Service establish a National Historic Path et Hanging Rock, he presented same; whereupon, Mr. Pollard offered the following Resolution: (=14922) A RESOLUTION relating to.he proposed establishment of an appropriate National Historic Site, park or monument to commemorate the engagement !~of Confederate Army and Union Army forces at Hanging Rock. in Roanohe County. (For full text of Resolution. see Resolution Hook No. 25, page 449,) Mr. Pollard moved the adoption of the Resolution. The motion was seconded ilby Dr. Cornell and adopted by the following vote: AYES: Messrs. Cornell. Dillard, Pollard, Webber, Nheeler, Young, and the President, Mr. Anderson ........................... NAYS: None ............................O, MOTIONS AND MISCELLANEOUS BUSINESS: STREEYS AND ALLEYS: Council having previously set a public hearing for 2 p.m.. September 10. 1962. on the request of Mrs. Octavia J. Deal,ts et al.. that that portion Of a 20-foot alley running north and south between Railroad Avenue and Russell Avenue. S. R.. to its intersection with an alley running east and west between Bridge Street and Warwick Street. S. W.. be vacated, discontinued and closed Mr. James M. Young. Attorney. appeared before the body.' advising that the Code of Virginia relating to the closing of $~r~ets and alleys has been amended by the 1962 General Assembly to provide for a different type Of advertising in matters of this nature, and requesting that the public hearing be reset for 2 p.m.. September 17. 1962. in order that the notice of public hearing can be published on September 1. 1962. and September H. 1962. in accordance with Section 15-961.4 of the Code of Virginia, as amended. Mr. Dillard moved that Council co'mcat in the request and that the public hearing be reset for 2 pom.. September 17. 1962. The motion was seconded by Mr. Young and unanimously adopted, In this connection. Dr. Cornell moved that the City Attorney be directed to prepare the proper measure amending The Code of the City of Roanoke. 1956. to conform to the new state law rel'ating to the closing of streets and alleys, if necessary. The motion was seconded by Mr. Wheeler and unanimously adopted. 469 STADIUM: It appearing that · vacancy exists on the Stadium Advisory Committee due to the death of Mr. H, L, Lawson, Jr,, the Chair called for nomina- tions to fill the vacancy, Mr, Young placed in nomincation the name of Guy L. Furr, Sr, On motion of Hr, [heeler, seconded by Dr, Cornell and unanimously adopted the nominations were closed, Mr, Gay L, Furr, Sr,, nas elected as a member of the Stadium Advisory Committee to fill the unexpired term of Mr. Do L, Lawson, Jr,, deceased, which term expires December 31. 1963, by the following vote: AYF.~: #easts. Cornell, Dillard, Pollard, ~ebber, Wheeler, Young, and the President, Mr. Anderson ........................... ?, NAys: None ............................. O. There being no further business. Council adjourned. APPROVED .4~70 COUNCIL, ORGANIZATION MEETING, Saturday, September 1, 1962, The Coencil of the City of Roanoke met in the Council Chamber in the Runlcipal Building, Saturday, Septenber 1, 1962, at 3 p.m., for organization, pursuant to Section 10 of the City Charter, with Ur. Vincent S. Nheeler acting as Chairman, PRESENT: Ressrs. Benton O. Dillard, Robert A. Garland, James E. Jones, Roy R. Pollard, Sr., Hurray A. Stoller, Malter L. Young, and the Chairman, Mr. Vincent S. Wheeler ............................ ~---?- AUSENT: None ............................... O. QUALIFICATION OF MEMDERS: The City Clerk reported that the three nam members of Co2ncll, Messrs. Robert A. Garland, James E. Jones and Murray A. Stoller have taken their oaths of office before the Judge of the Court of Law and Chancery of the City of Roanoke. Virginia. and the certificates thereof have been filed mith the City Clerk. ELECTION OF MAYOR: The Chairman stated that the first order of business is the election of the Mayor of the City of Roanoke for a term of tm, years beginning September 1, 1962, and ending August 31. 1964; whereupon, Mr. Young placed in nomination the name of Murray A. 5toiler. Mr. Pollard moved that the nominations be closed. The motion was seconded by Mr. Jones and adopted. Mr+ Murray A. St,lieF mas elected as the Mayor of the City Of Roanoke for a term of tm, years beginning September 1, 1962, and efldtn9 August 31, 1964, by the follo~ing vote: rOI MR. STOLLER: Messrs. Dillard, Garland. Jones, Pollard, Young. and the Chairman, Mr. ~heeler .......................... NOT VOTING: Mr. Stoller .................1. ELECTXON OF VICE RAYOn: The Chairman stated that the next order of b~siness is thedection of the Vice Mayor of the City of Ronnoke for a term of two years beginning September 1. 1962. and endlng August 31, 1964; whereupon, Mr. Dtlla: placed in no~lnation the name of Robert A. Garland. Yhe nomination mas seconded by Mr. Jones. Mr. Young moved that the flominatiot~ be closed. The motion was seconded bl Mr. Jones and adopted. Mr. Robert A. Garland was elected as the Vice Mayor of the City Of Roanoke for a term of two years beginning September 1, 1962, and ending August 31, 1964, by the follow(in9 vote: FOR MR. GARLAND: Messrs. Dillard, Jones, Pollard. Stoller, Young, and the Chairman, Mr. Mheeler ................. b. NOT VOTING: Mr. Garland ........ 1 Mr. Young moved that the men,in9 be adjourned. The motion was seconded by Mr. Garland and unanimously adopted+ APPROVED ATT E ST: ........ Mayor 471 COUNCIL. REGULAR MEETING. Tuesday. September 4. 1962. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the #uaicipal Ruildiug. Tuesday. September 4. 1962. at 2 p.m.. tbe regular meeting hour. with Mayor St,lieF presiding. PRESENT: Wessrs. Dillard. Garland. Jones. Follard. Wheeler. Young and Mayor St,lieF .............................. AHSENT: None .................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Rr. Randolph Whittle, City Attorney. and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Leroy C Ash~orth. Pastor, belmont Christian Church. MINUTES: Copy of the minutes of the regular meetin9 held on Monday, August 27, 1962. having been furnished each member of Council, on motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: NONE. PETITIONS AND COMMUNICATIONS: COMMITTEES: The following communication from Mr. Robert N. Woody, expressing the opinion that Council can function more effectively if the major committees of Council are better organized and the work load note evenly divided and making certain suggestions toward this end, was before the body: "August 22. 1962 Roanoke City Council Municipal Building Roanoke. Virginia Gentlemen: As Roanoke continues to grow, the duties of the members of City Council become more numerous and time consuming. Such a trend exists today and no doubt will continue. Since Council is a legislative body it is my opinion that it can function more effectively if the major Committees of Council were better organized and the work load more evenly divided. I believe such committees should be formally and clearly designated with every member of council appointed to at least one of such major committees. The appointed city officials such as the City Manager, City Auditor. and City Attorney should also be members of such committees. No major committee should have fewer than two members of City Council. The Mayor should confer with members of council and appoint the committees and designate the chairman subject to the approval of a majority Of council. In this manner the members of counct I could be appointed to such committees according to their respective talent, experience. and preference. In my opinion, the major committees that should be formally set up and designated are as follows: (i) Water and Sewage (2) Public Works (3) Public Nelfare and Health (4) Public Education (S) Public Safety (6) Pension and Working Conditions (?) Judicial (8) Airport 472 ations, More effective use of the Committee System will be the result if. the membership of major committees is carefully selected from council nnd appropriate city ofrioills, Since every legislative body bas the prerogative of organizing according to its nun dictates it would be presumptive rot me to present any such proposal formally to Council at n regular meeting for. its consideration, I have chosen to communicate directly with each member of the nam Council, If my proposal has any merit any member may place the sitter on Council's agenda for consideration, I will be happy to discuss the proposal uitb you individually or collectively, Rith ~indest personal regards, I em Sincerely, .S! Robert i, Mandy Robert M. Moody' Mr. Mheeler moved that the communication be receiued and filed for future SEWERS AND STORM DRAINS: A Resolution of the Board of Supervisors of Roanoke County, requesting that the contract of September 20, 1954. between the City of Roanoke and the County of Roanoke. dealing with the treatment of domestic and commercial wastes, be amended by adding thereto an area consisting of approxi- mately 1.300 acres located south of Route 06?, east Of Route 720 and Route 687. north of Route 613 and pest of Route 119. ~as before Council. After a discussion of the matter. Council being of the opinion that even though Mr. Roy L. Webber, who has been acting as chairman of the committee studying various requests from the Town of Salem and Roanoke County for treatment of domesti~ and commercial wastes in county areas by the city. is no longer a member of Council he should be continued as chairman Of the committee, Mr. Dillard moved that the request be referred to a committee composed of Messrs. Roy L. Webber, Chairman, Walter L. Young. Arthur S. Owens and Randolph G. Whittle for study, report and recommendation to Council. The motion was seconded by Mr. Wheeler and unanimously adopted. REPORTS OF OFFICERS: AIRPORT: Council havifl9 under date of July 5, 1961, by Ordinance No. 14474, accepted the proposal of Shell Oil Company for furnishing various grades of aviation gasoline to the Roanoke Municipal Airport for the period from July 1, 1961 through June 30, 1964. the City Manager submitted a written report, advising that the Shell Oil Company has agreed to supply aviation turbine fuel to the city at 17.74 cents per gallon, plus any applicable taxes and fees, provided its present contract is extended for a period of five years beginning November 1, 1962. In a discussion of the matter, the City Ranager pointed out that there are only three suppliers in'the City of Roanoke who handle aviation turbine fuel and that since to do so for the city will involve an investment of approximately $20.000 for the safe and efficient storage and dispensing of the fuel, the Shell Oil Company is the only supplier ~ho has indicated an interest in doing so and then only with the stipulation that it be alloned to amortize the cost of its investment by extending its contract for an additional three years. 473 After a further discussion of the matter, Mr. Pollard voicing the opinion that the other suppliers should be given un opportunity to indicate whether or not they are interested in supplying aviation turbine fuel to the city, Mr. Mheeler moved that the City Manager be directed to advertise for bids for the furnishing of turbine fuel to the city. The motion was seconded by Mr. Pollard and unanimousl adopted. STREETS AND ALLEYS: The City Manager submitted a mrltten report, advising that the city has acquired property at the northmest corner of Pocahontas Avenue and Seventh Street. N. E.. for the future midenlng of ~hiteside Street, and that he has received an offer from Mr. John H. Ntndel of, $25 for a dilapidated house on said property as is. where is. the City Manager recommending that Council adopt a Resolution authorizing him to dispose of the house for the best possible salvage value. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the follomln9 Resolution: (~14923) A RESOLUTION authorizing the City Manager to cause the dilapidated house located on the northwest corner of 7th Street ~nd Pocahontas Avenue, N. E., to be removed. (For full text of Resolution, see Resolution Book No. 25 page 451.) Mr. Pollard moved the adoption of the Resolution. 7he motion was seconder by Mr. Mheeler and adopted by the foilowin9 vote: AYES: Messrs. Dillard. Garland. Jones, Pollard. Wheeler. Young and Mayor Stoller ................................. 7. NAYS: None ...................O. BUDGET-RECREATION DEPARTMENT: The City Manager submitted a written report. recommending that $1,500 be transferred from Salary, Playleaders to Salary, Umpires Scorekeepers, Guards, etc., under Section silO, "Recreation Department." of the 1962 budget. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u14924) AN ORDINANCE to amend and reordain Section silO, "Recreation Department," of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 25 page 452.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler. Young and Mayor Stoller NAYS: None ............L ...... O. REPORTS OF COMMITTEES: SEMERS AND STORM DRAINS: Council having previously referred to a committee composed of Messrs, RoyL. Mebber, Chairman, Mailer L. Young, Arthur S. Owens and Randolph G. Mhtttle, for study, report and recommendation, two requests · 474 or the Board or Supervisors of Roanoke County that the contract between the City of Roanoke and thc County of Roanoke, dated September 28, 1'9S4, dealing mlth the treatment or domestic and commercial wastes, be amended by adding thereto approxi- mately 532 acres of land southwest of the City of Roanoke, in Roanoke County, located on both sides of. Brambleton Avenue (U. S. Route 22i), between Csrst Mill Road and Colonial Avenue, from the city limits to the intersection of Brambleton Avenue and Cave Spring Rosa (Va. Route 119); also, 149.72 acres of. land located south of Orange Avenue (U. S. Route 460), east of Vinton Road. N.K., north of ling Avenue. N. E., and mesa of Virginia Route 6S3, the committee submitted a written report, signed by all of its members with the exception of Mro Mhittle, recommendln that the two requests be granted. Mr. Dillard moved that Council concur In the recommendation of the committee and offered the following Resolution with reference to the SaRoacre tract of land: (~14925} A RESOLUTION amending the contract of September 28. 1954. between the City of Roanoke and the Co~nty of Roanoke. dealing math the treatment of domestic and commercial wastes. (For full text of Resolution. see Resolution Book No. 25, page 452°) Mr. Dillard moved the adoption of the Resolution. The notion was seconde~ by Mr. Garland and adopted by the foiloming vote: AYES: Messrs.Dillard. Garland. Jones, Pollard. Wheeler. Young and Mayor Stoller .......................... 7. NAYS: None .................. O. Mr. Dillard then offered the following Resolution with reference to the 149.72-acre tract of land: (=!4926) A RESOLUTION amending the contract of September 28, 1954, between the' City of Roanoke and the County of Roanoke. dealing with the treatment of domestic and commercial wastes. (For full text of Resolution. see Resolution Book No. 25, page 455.) Mr. Dillard moved the adoption of the Resolution. The motion was secondel by Mr. Young and adopted by the folloming vote: AYES: Messrs. Dillard. Garland, Jones, Pollard. Nheeler, Young and Mayor Stoller ............................ ?. NAYS: None .................... O. COAL: Council having previously referred to a committee composed of Messrs. Arthur S. Owens, Chairman, B. B. Thompson and John L. Nentworth, for tabulation and report, bids received for furnishing coal to the city for the 1962-63 season, the committee submitted a written report, together with a tahnlatio show{nM that Old Dominion Coal. Iron and Coke Corporation submitted the low bid in the amount of $6.25 per ton, F. O. B. Nine, for furnishing furnace coal, and that Blair Pitzer Coal and Fuel Oil Company, Incorporated. submitted the low bid in the amount of $6.15 per ton, F.O.B. Line, for furnishing stoker coal, the committee recommending that the low bids he accepted. Mr. Pollard moved that Council concur in the recommendation of the committee and offered the folloming 8esolution accepting the bid of Old Dominion Coal, Iron~end Coke Corporntlou for furnisklng furnace coal: (#14927) A RESOLUTION accepting the proposal of Old Donioiou Coal, Iron and Coke Corporation fo~ supplying the Cityes furnace coal requireBents for the 1962-63 season; and rejecting all other bids. (For full text of Resolution. see Resolution Book No. 25. page 456.) Hr, Pollard moved the adoption of the Resolution. The motion nas sec,nde( by Hr. Garland and adopted by the following vote: AYES: Messrs. Dillard. Oarland. Jones. Pollard, Rheeler, Young and Mayor St,liar ........................ 7. NAYS: Hone .......... O. Mr. Mheeler then offered the following Resolution acceptln9 the proposal of Blair Pitzer Coal and Fuel Oil Company. Incorporated. for furnishing stoker coal (~14928) A RESOLUTION accepting proposal No. I of Blair Pitzer Coal and Fuel 011 Company. Incorporated. for supplyin9 the City*s stoker coal requirements for the 1962-63 season; and rejecting all other bids. (For full text of Resolution. see Resolution Book No. 25. page 457.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Hr. Young and adopted by the following vote: AYES: Messrs. Dillard, Carland, Jones, Pollard. Wheeler. Young and Mayor St,liar ................................. 7. NAYS: None ...................O. UNFINISHED BUSINESS: STREETS A~D ALLEYS: Council at its last regular meeting having deferred until the present meeting a recommendation of the City Manager that the City Attorney be directed to proceed with condemnation proceedings for the acquisition of certain properties needed by the city to widen Salem Avenue, S. M.. between First Street and Second 5treat. the matter mas again before the body. After a discussion Of the matter, Mr. Young moved that Council concur in the recommendation of the City Manager and that the City Attorney be directed to proceed with condemnation proceedings, it being understood that he will nike every effort to settle out of court. Jf possible. The motion was seconded by Mr. Dillard and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SPECIAL PERMITS: Ordinance No. 14921, granting permission to the Appalachian Power Company to encroach on city property on First Street. S. M., a maximum of three inches, in order that the polished granite base which exists on the present building may be extended, having previously been before Council for its first reading, read and laid over. mas again before the body. Mr. Dillard offering the following for its second reading and final adoption: (a14921) AN ORDINASC£ permitting a certain building proposed to be erected by Appalachian Power Company on Lot No. 1013301 as shown on the Tax 475 4,?6 Appraisal Map of the City to encroach onto a portion or.lst street, $; M., north of Hullttt Avenue;'S, W. (For full text of Ordinance, see Ordinance Hook No. 2S, page 450,) Mr. Dillard moved the adoption of the Ordinance, The motion mas seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland. Pollard. Mheeler, Young and Mayor Stoller ........................ 6. NAYS: None ..........O. (Mr. Jones not voting} REFUNDS AND REBATES-SEMERS AND STORM DRAINS: Council having previously directed the City Attorney to prepare the proper measure providing for a refund of $106.79 to Mr. Robert C. Atklnson, representing sewage treatment charges paid by him. the City Attorney presented a Resolution. In this connection, the City Manager pointed out that there are countless cases similar to that of Mr. Atkinson and that in his opinion to grant the refund requested by Mr. Atkinson would be establishing a bad precedent. After a discussion of the matter, the City Manager voicing the opinion that the city was not at error in collecting the sewage treatment charge from Mr. Atkinson, and Mr. Pollard voicing the opinion that the city was just as responsible as the property owner in this instance, and the City Attorney stating that he does not think that under the law Council has the right to make the refund Mr. Pollard moved that the matter he referred to the City Attorney for an opinion. The motion ~as seconded by Mr. Garland and unanimously adopted+ SCHOOLS: Council having previously directed the city Attorney to prepare an Ordinance providing that all future assignments of pupils to schools in the City of Roanoke be done on a local basis under Article 1.2. Chapter 12, Title 22, of the Code of Virginia. 19~0, as amended, he presented an Ordinance; whereupon. Mr. Dillat moved that the following Ordinance be placed upon its first reading: (%14929) AN ORDINANCE electing that the City of Roanoke be bound by the provisions of Article 1.2. Chapter 12, Title 22, of the Code of Virginia, 1950, as amended, in lieu of Article 1.1 of such chapter and title. WHEREAS. the School Doard of the City of Roanoke, at its meeting of August 20, 1962. adopted a resolution, a copy of which is on file in the office of the City Clerk, recommending the adoption of this ordinance, in which recommendatiol this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, agreeable to.Section 22-232.30 of the Code of Virginia, 1950, as amended, this Council doth hereby elect that the City of Roanoke and, accordingly, said City*s School Boardshall be bound by the provisions of Article 1.2, Chapter 12, Title 22, of the aforesaid Code,.as amended, in lieu of the provisions of Section 22-232.1 through Section 22-232.17 thereof. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, ~heeler, Young and Mayor Stoller ........................... 7. NAYS: None ................... O. MOTIONS A~ MISCELLANEOUS BUSINESS: COMRITYEES: Mr. Pollard brought to the attention of Council that there are a nnnber of outstandin9 committees mbo have not as yet submitted their reports and requested that the City Clerk furnish the members of Council with a list of such committees. BUDGET: Hr. Pollard brought to the attention of Couucil and requested th~ City Auditor to furnish the members of the body with an estimate of the deficit the city mill hove at the end of the present year based on figures available at the present time. AIRPORT: Mr. Pollard brought to the attention of Council and moved that the City Mnnager be requested to secure information concerning the reduction of flights in and out of Roanoke at the Roanoke Runlcipul Airport and the reasons therefor, The notion was seconded by Mr. Dillard and unanimously adopted. RASTER PLAN: Hr. Dillard suggested that Council give future considera= tion to uppointing a committee composed of seven members to be nominated by each member of Council for the purpose of working out a priority list for capital improvements In the City of Roanoke. COUNCIL: Mr. Dillard brought to the attention of Council that some of the members of the body wish to attend the STth Annual Convention of the ¥irginia Municipal League tube held in Richmond September 23. 24. 25. 1962. and moved that the regular meeting of Council on September 24. !q62, be dispensed with. ~he motion was seconded by Mr. Wheeler and unanimously adopted. CITIZENS* COMMITTEE: Mayor Stoller pointed out that there are two vacancies on The Citizens' Committee for Greater Roanoke and called for nominations~ to fill said vacancies. Mr. Wheeler placed in nomination the name of Oo~man N. Harris. Mr. Garland placed in nomination the name of Sylvester R. Sink. Jr. · ~here being no further nominations. Mr. Bowman N. Harris and Mr. Sylveste Sink. Jr., were appointed as members of The Citizens' Committee for Greater Roanoke by the following vote: FOR MESSRS. HARRIS AND SINK: Messrs. Dillard, Garland. Jones. Pollard, Wheeler, Youn9 and Mayor Stoller ...................... LIBRARY BOARD: Mayor Stoller advised Council that the terms of Mr. C. Francis Cocke. DF. E. D. Downing and Mrs. Elizabeth G. Lindsey as members of the Roanoke Public Library Board expired June 30, 1962, and presented a 477 ,478 FOR HR, COCME, DR. DOHNING AND MRS. EDWARDS: Hessrs. Dillard, Garland, Jones, Pollard. Hheeler. Young and Hayor Stoller ...................... ?. SCHOOL BOARD: Mayor Stoller advised Council that the terms or Hr, J, P, Cruichshaak and Hrs, Vernon C, Hoomau as members of the Roanoke City School Board expired June 30. 1962. and called for nominations to fill these vacancies. Hr. Dillard placed in nomination the names of Mr. J. p. Cruichshanh and Mr. Roy L. Hebber. There being no further nominations, #r. J. P, Cruicksbanh and Hr. Roy L. Webber were elected as members of the Roanoke City ~chool Ooard for thr.ee-year terms ending June 30. lgGS. by the following vote: FOR MR. CRUICKSHANK AND MR. MEBOER: Messrs. Dillard, Garland. Jones. Pollard. Wheeler. Young and ~ayor Stoller .................... 7. HOUSING-SLUM CLEARANCE: Mayor Stoller advised Council that the terms of ilMr. Hllliam P. Booker and Mr. S. Lewis Lionberger as Commissioners of the City of !Roanoke Redevelopment and Housing Authority expired September 1, 1962. and called for nominations to fill the vacancies. Mr. Jones placed in nomination the names of Mr. William P. Booker and ~!Mr. 5. Lewis Lionberger. There being no further nominations Mr. William P. Booker and Mrs. S. L,wi! iLionberger were reelected as Commissioners of the City of Roanoke RedeveloFment and !iHcusing Authority for four-year terns ending August 31, 1966, by the following vote: FOR MR. BOOKER AND HR. LIONBERGER: Messrs. Dillard, Garland. Jones. Pollard, Mheeler, Young and ~ayor Stoller ............ T ...... 7. MUNICIPAL COURT: Mayor Stoller advised Council that the terms of Mr. Beverly T. Fitzpatrick, Chief Judge. Mr. George B. Dillard, Judge. and Hr. Robert M. Spessard, Substitute Judge. Municipal Court, will expire September 30. 1962. Mr. Garland placed in nomination the names of Judge Beverly T. Fitzpatrick Judge George B. Dillard and Judge Robert w. Spessard. There being no further nominations, Judge Beverly T. Fitzpatrick, Judge George B. Dillard and Judge Robert W. Spessnrd sere reelected as Chief Judge, Judge and Substitute Judge of the Municipal Court. respectively, for four-year terms beginning October 1, 1962, by the following vote: FOR JUDGE FITZPATRICK. JUDGE DILLARD AND JUDGE SPESSARD: Messrs. Dillard Garland. Jones. Pollard. ~heeler. Young and Mayor Stoller ....... 7. BUILDINGS: Mayor Stoller advised Council that the term of Mr. Stuart A. Barbour, Sr.. as a member of the Board Of Appeal, Building Code, will expire September 30. 1962. Mr. Pollard placed in nomination the nan, of Mr. Stuart A. Barbour, Sr. There being no further nominations, Mr. Stuart A. Barbour. Sr.. was reelected as a member of the Board of Appeal, Building Code, for a five-year term beginning October 1. 1962 by the following vote: FOR HR. BARBOUR: Messrs. Dillard, Garland, Jones, Pollard. Hheeler, Young and Mayor Stoller ............................ ?* CITY CLERK: , Hayor Stoller advised Council that the term of Miss Virginia Sham as, CltZ Clerk will expire September 30, 1962. Mr. Dillard placed ia nomination the nnme of Miss Virginia L. Sham. There being no further nominations. Miss Virginia L. Shaw was reelected as City Clerk for atmo-year term beginning October 1, 1962. bz the following vote: FOR MISS SHAH: Messrs. Dillard. Garland, Jones. Pollard. lheeler. Young and Hazor Stoller ....................... T. CITY AUDITOR: Raznr Stoller advised Council that the term of Hr. J. Robe Thomas as Citz Auditor will expire September 30, 1962. Hr. Pollard placed in nomination the name of Mr. J. Robert Thomas. There being no further nominations. Mr. J. Robert Thomas was reelected as City Auditor for a two-year term beginning October 1. 1962. by the following vote: FOR MR. THORAS: Messrs. Dillard. Garland. Jones. Pollard. Wheeler. Young and Mayor Stoller ........................ CITY ATTORNEY: Razor Stoller advised Council ,that the term of Hr. Randolph G. Whittle as City &ttoraez will expire September 30. 1962. Mr. Pollard placed in nomination the name of Mr. Randolph G. Rhlttle. There being no further nominations, Mr. Randolph G. Hhittle was reelected as City Attorney for a two-zear term beginning October 1, 1~62, by the following vote: FOR HR. WDITTLE: Hessrs. Dillard. Garland. Jones. Pollard, Wheeler. Young and Mayor Stoller ................... Mr. Oillard moved that the meeting be adjourned. The motion was seconded by Mr. Wheeler and unanimously adopted. APP, ROVEG ATTEST: Razor 479 480 COUNCIL. R£GULAR MEETINGt Monday, September 10, 1962, The Council of the City of Roanoke met in regular meeting in the Council Chamber In the #anicipal Building, Monday, September 10, 1962, at 2 p.B,t the regular meeting hour. mitb Mayor Stoller presiding. PR~S£MT: Messrs. Dillard, Garland, Jones, Pollard, Young and Mayor St.lief .................................... 6. ABSENT: Mr. Mheeler .............1o OFFICERS pRES£MT: Mr° Arthur S. Owens. City Manager. Mr. Randolph G. Mhittle. City Attorney. and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting mas opened with a prayer by the Reverend Roy B. liMiller, Pastor, Salem Church of Christ. MINUTES: Copies of the minutes Of the Organization meeting held on ilSatorday, September 1', 1962, and the regular meeting held on Tuesday, September 4, i1962, having been furnished each member of Council, on motion of Mr. Pollard, seconded by Mr. Garland and unanimously adopted, the reading thereof was dispensed !iwitb and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: FIRE DEPARTMENY: Pursuant to notice of advertisement for bids on one new standard commercial chassis truck with conventional cab, equipped with new 750 GPM tripple combination fire pumper and body, said proposals to be received by the City Clerk until 1:30 p.m** Monday, September i0. 1952, and to be opened at 2:00 p.m., Ibefore Council, Mayor Stoller asked if there was anyone present who did not fully i. understand the advertisement, if there was anyone present who had been denied the ll*rivilege of bidding, or if there were any questions about the advertisement anyone instructed the City Clerk to proceed with the opening Of the bids; whereupon, the Clerk opened and read the f,Il,wing bids: Oren Roanoke Corporation - $ 15,862.86 (F-850 Ford chassis) 15,692.29 (V-196 International chassis) Hahn Motors, Incorporated - 16,198.00 American LaFrance - 17,225.00 the City Attorney to prepare the proper measure accepting the proposal Of the lowest responsible bidder. MATER DEPARTMENT-I~USTHIES: Pursuant to notice of advertisement for bids be received by the City Clerk until 1:30 p.m., Monday. September 10, 1962, and to be opened at 2:00 p.m., before Council, Mayor Sto!ler asked if there was anyone mbo hud been denied the privilege of bidding, or if there mere any questions about the advertisement anyone mould like to ash, nnd no representative present raining any question, the Mayor instructed the City Clerk to proceed with the opening of the bids, The City Clerh opened and read the foil*ming bids: Gimbert and Glmbert, Incorporated, $6,185.$0; Cofer Construction Company, Incorporated, $?,250.70; and iHudglns and Pace, $7,485.00. On motion of Mr. Young, seconded by Mr. Garland and unanimously adopted, the bids Mere referred to a committee composed of Messrs. James E. Jones, Chairman, Raymond E, Pillow and Arthur S, Owens for tabulation and report to Council. the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder, STREET5 AND ALLEYS: Council having previously set a public hearing for 2 p.m.. September 10. 1962, on the request of Mrs. Octavia J. DeWitt. et al., that that portion Of a 20-foot alley running north and south betmeen Railroad Avenue and Russell Avenue, S. W** to its intersection with an alley runnin9 east and west between Bridge Street and Warwick Street, S. W,, be vacated, discontinued and closed the matter Mas before the body. In this connection, Mr. Au T, Loyd, Attorney, appeared before Council and advised that due to a change in state law regarding the procedure for closing streetsl and alleys the public hearin9 on the request of the petitioners has been reset for September 17, 1962, On motion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted, the hearing was continued until September 17, STREETS AND ALLEYS: Council having previously set a public hearing for discontinued and closed, the matter Mas before the body. In this connection, Hr, Harvey S, Lutins, Attorney, representing Mrs. Tanbman, appeared before Council, in behalf of his client, and presented a report of the viewers appointed to viem said street, said viewers advising that they are of the opinion no inconvenience Mould result to any individual or to the public from vacating, discontinuing and closing said street. With further reference to the matter, Mr. John D. Care, Attorney, and Hr. Do Frank Crim, Real Estate Agent, representing the Heirs of the J. W. McClaughert Estatet owners of a tract Of land abutting the south side Of Floyd Avenue, S. appeared before Council in opposition to the proposed closing, Hr. Carr contending that proper notice of the proposed closing mas not given to adjoining property owners and advising that if the portion of Floyd Avenue in question is closed, his clients will not have proper ingress and egress to and from their property. After a discussion of the matter, Hr. Jones moved that the public hearing be continued for one week with a vtem Of the petitioners and objectors working Out 481 482 a mutually satisfactory solution to the problew. The notion was seconded by Mr, Dillard and unaniwously adopted, BRIDGES-PARKS AND PLAYGROBM)S: Mr. Millime ~o Edwards, Pastor, Rlverdale Baptist Church, appeared before Council and presented a petition signed by 710 residents of the Rlverdale section, requesting that a new bridge he constructed Jn the vicinity of Buzzard Roch Ford and that land be acquired by the city in the Riverdale area for path purposes, After a discussion of the matter, Mr, Jones moved that a committee be appointed by the Mayor to study the two requests, The notion was seconded by Mr, Dillard and unanimously adopted. Mayor Stoller then appointed Messrs. Milliam B, Edwards, Chairman, Benton O. Dillard. Janes ~, Jones, Rex T, Mitchell, Jr** and B. Cletns Broyles as members of the committee. PETITION5 AND COMMBNICATIONS: STREET LIGIITS: A communication from the Appalachian Power Company. trans- mitting a list of street lights installed durRa9 the month of August, 1962, was before Council. On motion of Mr. Jones, seconded by Mr. Pollard and unanimously adopted, the communication was ordered filed. STREETS AND ALLEYS: A petition of Johnson-Carper Furniture Company, Incorporated, requesting that Riley Donlevard, N, E., and a portion of Daleton Stree~ N, i., be permanently vacated, discontinued and closed, was before Council. On motion of Mr. Pollard, seconded by Mr. Garland and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council, Mr, Young then offered the following Resolution providing for the appoint- ment of viewers: (=14930) A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Johnson- Carper Furniture Company. Incorporated, permanently to vacate, discontinue and close all Of Riley Boulevard, N. E., and a portion of Dale*on Street, N. E,. in the City of Roanoke, Virginia. (For full text of Resolution, see Resolution Book No. 25, page 459.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AY F~: Messrs. Dillard, Garland, Jones, Pollard, Young and Mayor Stellar ................................. NAYS: None ...................O. (Mr. Mheeler absent) SPECIAL PERMIYS-STREETS AND ALLEYS: A communication from the Central Baptist Church, advising that it plans to construct an annex to its present building at 1502 Staunton Avenue, Ne Wot and requesting permission to encroach upon the alley at the rear of the property for a distance of IO feet, was before Council, On motion of Hr. Dillard, seconded by Mr. Pollard and unanimously nd*pt*d, the matter mas referred to the City Attorney for pr*purR*ion of the proper measure, a map shomlng the encroachment to he made a part thereof. SYREKYS AND ALLEYS: A petition signed by Mr. Arthur So Owens, City Manager of the City of Roanoke; Mr. Stuart T. Sounders, Chairman of The Citizens* Co~mittee for Greater Roanoke; Mr. James L. Trinkle, President, Downtoun Roanoke. Incorporated; and Mr. M. W. Armistead, III, President, Community Bospltal of Roanoke Valley, requesting that that portion of Elm Avenue, So E** between the easterly side of Jefferson Street and the westerly side of a proposed extension of First Street, be vacated, discontinued and closed; that the construction of a new Elm Avenue, Se E., running between the easterly side of Jefferson Street to the westerly side of First Street. S. E.,.be authorized; that the conveyance by the City of Roanohe of that portion of Elm Avenue to be closed to Community Hospital of Roanoke Valley in exchange for the conveyance by the Community Il*spiral to the city of 0.515 acre of land on the southwest corner of Elm Avenue, S. E., and the Norfolk and Western Railway Company right of way, be authorized and approved; and that viewers be appointed to view that portion Of present Elm Avenue, S. proposed to be vacated, discontinued and closed, was before Council. Ms. Dillard offered the foil*ming Resolution providing for the appointmentI of viewers: (n14931) A RESOLUTION providin9 for the appointment of five viewers in connection with the Application and Petition of the City Manager of the City of Roanoke, Virginia, Citizens Committee for Greater Roanoke, Do~ntown Roan*he, IRc., and Community Bospital of Roanoke Valley to permanently vacate, discontinue and close that portion of Elm Avenue, S. E°, lylng between the easterly side of Jefferson Street and the ~esterly side of a proposed extension of First Street, S. E** which portion of Elm Avenue, S. E** is included within mParcel B" on a certain map made by the Office of the City Engineer of the City of Roanoke, Virginia, dated August 16, 1962, and designated thereon as Plan No. 4745. (For full text of Resolution, see Resolution Book No. 25, page 460.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the foil*ming vote: AYF.~: Messrs. Dillard, Garland, Jones, Pollard. Young and Mayor St*Ilar ................................. 6. NAYS: None ...................O. (Mr, Wheeler absent) Mr. Dillard then moved that a public hearing on the matter be set for 2 p.m.t October 1, 1962. The motion was seconded by Mr. Young and unanimously adopted. REPORTS OF OFFICERS: 483 484 Mr. Pollard moved that Council concur in the recommendation of the City Malager amd offered the following emergency Ordinance: (m14932) AN ORDINANCE to amend and reordain Section uS0. #Airport," of the 1962 Appropriation Ordinance, and providing for anemergeacy. (For full text of Ordinance, see Ordinance Rook Ho. 25. page 461.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted bT the foil*ming vote: AYES: Messrs. Dillard, Garland. Jones, Pollard. Young and Mayor Smeller ................................. 6, NAYS: None ...................O. (Rt. Rheeler absent) STREET LIGHTS: The City Manager submitted a written report, recommending that a street light be installed in the 2200 block of Dr*ok,ida Lane. So E. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the foil*wing Resolution: (~14933) A RESOLUTION authorizing the installation of one 2S00 lumen overhead incandescent street light in the 2200 block of Orookside Lane, S. E. · (For full text of Resolution, see Resolution Book No. 25. page 462.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYF~: Messrs. Dillard, Garland, Jones. Pollard, Young and Mbyor St*liar ................................. O. NAYS: None ...................O, (Mr. Mheeler absent) TAXES-DOGS: The City Manager submitted a written report, recommending that he be authorized to enter into an agreement with the Commission of Game and Inland Fisheries of the Commonwealth of ¥1rginia whereby the City of Roanoke will not have to pay any portion of tbe dog license tax revenues heretofore required to be paid to the state. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~14934) AN ORDINANCE relating to tbe disposition of funds collected for the sale of State dog licenses; authorizing the execution of an agreement pursuant to which the City will take over tbe enforcement Of the dog laws within the City; and providing ferrari emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 462.) Mr. Garland moved the adoption Of the'Ordinance.' The motion was seconded by Mr., Pollard and adopted by the following vote: AYES: Me,mrs. Dillard, Garland, Jones. Pollard. Young and Mayor Stoller ................................. 6. NAYS: None ...................O. (Mr. Rheeler absent) STATE HZGHNAYS: The City Manager submitted a written report, recommending that Council concur in tbe awarding Of a contract by the Virginia Department of Highmays to J. M. Turner and Company in a total amount of $1,019,021o49 for tbe construction of a portion of Interstate Route 581. 48'5 Mr, Dillard mated that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure, The motion was seconded by Mr, Garland and unanimously adopted, STATE HIGSMAYS-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, together with the following progress report of the City Engineer On the status Of the Mill Mountain Spur project: 'INYERDEPARTMENT COMMUNICATION DATE: August 29, 1962 TO: Mr, Arthur S. Owens, City Manager FROM: I1, Cletus Broyles, City Engineer SUBJECT: Proposed development of Mill Mountain, Chestnot Ridge. and Yellow Mountain recreational areas in connection with the Dine Midge Parkway. STATUS OF PROJECT TO BATE: 1. City Council by Resolution No. 14002 dated May 21, 1962 generally endorsed and approved plans for a proposed recreational development in connection with the Blue Ridge Parkway Spur. to Mill Mountain. 2. Yhe Director of the National Park Service, Mr+ Conrad L. Nirth, on August 1, 1962 approved the overall plan for the project including the extension of the Slue Ridge Parkway Spur to the "saddle* of Mill Mountain (a distance of about 4,000 feet inside the city), The National Park Service has agreed to build Spur Roads to both Mill Mountain and Yellow Mountain and to develop and operate the two (2) large recreational areas, one on Yellow Mountain and one on Chestnut Ridge, after all of the land for the project has been acquired and conveyed to the National Park Service, Mr. Sam Neems. Superintendent of the Blue Ridge Parkway has assured City officials that immediate programming is possible of work to be accomplished by the National Park Service, but again conditioned upon all of the land for the project being provided by others. It is estimated that work to be accomplished by the National Park Service, in connection with this project, will approximate $600,000,00; however, no Parkway funds are available to buy land. Land for the project must be provided by other agencies. It should be pointed oat that the National Park Service, by making the decision to extend the Spur to the "saddle* of Mill Mountain, has reflected a savings of about $195,000.00 to the City of Roanoke which otherwise would be the City's responsi- bility, It has been suggested by Parkway officials that since the City is now relieved of this responsibility, it should be willing to purchase the additional land required in order to make the overall project a reality. 3. After extensive negotiations with the Department of Highways, the State Highway Commission on August 23, 1962 acting under legislation passed in February, approved the acquisition of right of way for Spur Roads to both Mill Mountain and to the top of Yellow Mountain, The total estimated cost of right of way for these two Spur Roads was placed at $237,600.00, En- closed Plan No. 4735-A indicates in *red* the right o~ way to he paid for by the Department of Hlghmays. 4, The remaining areage to be acquired for the total project is as follows: Proposed enlargement of Mill Mountain Park 160 acres Chestnut Ridge Area 244 acres Yellow Mountain Area 422acres Total 634 acres Since there are no other means to acqaire this property, and in order to assure the accomplishment of the overall project as approved by the several agencies, it becomes imperative that the City take the lead in acquiring the remaining laud for the project, .486 Contacts made by the City Manager and the City Engineer mith representatives or the Housing and Home Finance Agency of the Urban Renewal Administration indicate there is a good possibility, but no definite assurance, that the City can obtain a 30 per cent Federal Groat under the Open Spsce Land Program in acquiring the acreage for recreational purposes, This acreage is nh*mn In "green" on the map (City Plan No, 4735-A). It is estimated that the total acreage in Wgreen' mill cost $2050700.00 but deducting the 30 per cent possible Federal Participation or $55,?00.00, the City's portion mould then be $200.000.00, 5. Construction of the Spur Road from the "saddle" of Hill Mountain to the top of ~lll Mountain is estimated to cost $60,000.00, This segment of the Spur Road should be accomplished in 1964. Construction of the new access road up the north 3nd east slopes of Hill Mountain from Malnut Avenue to the "saddle* Is estimated to cost $140,000.00, It is proposed that this road be constructed during 1965. In both cases the estimates include grading, paving, drainage, guard rails, landscaping, and other Items to give a complete Job in keeping mith standards of Blue Ridge Parkway con- struction, Total construction cost for the tm* roads Is $200,000.00. 6. It is proposed that the City employ the best experts available to accomplish a plan of development for the Mill Mountain Park, including landscaping and planning, layout of roads, and the type of buildings and installations that will give Roanoke an appealing, unique design that is unsurpassed anywhere throughout the land. Possibly a million and a half to two million dollar outstanding eating place together mith ballrooms, elevated observation areas or tower on top of the building, concession shops, and other related facilities might he included in such a plan. With the Blue Ridge Parkway being the number one tourist attraction in the United States and Mill Mountain destined to be the number one overlook in connection there- with, it behooves the City of Roanoke to take steps now to see that Rill Mountain is developed in keeping with the wonderful potential that lies before us. Without question. this overall project is equivalent to a major industry, not only for Roanoke but for the entire Roanoke Valley and southsest Virginia as sell, It is suggested that $20,O00.00 be included in the overall project to accomplish such a plan of development for Mill Mountain. SUMMARY OF COST FOR THE OVERALL PROJECT: Development by the National Park Service $ 600.000.OO Right-of-way acquisition by Department of Highsays $ 237,600.00 Federal Open Space Program (30~) 05,700000 CityOs proposed share: Land acquisition (70~) 200,000,00 Construction of roads 200,000.00 Miscellaneous and contin- gencies 20.000.00 Expert planning and development of Mill Mountain 20,000.00 PROPOSED METHOD OF FINANCINg BY CITY: Immediate appropriation to cover appraisals title examination, negotiations, soil tests, and miscellaneous Included in 1963 Budget Included in 1964 Budget Included in 1965 Budget RECOMMENDED ACTION TO BE TAKEN BY CITY COUNCIL: 440,000,00 1,363,300.00 6,000.00 120,000.00 164,000.00 150,O00tO0 440.000,00 A. Approve resolution appointing appraisers in connection with the project and appropriate $6,000.00 to cover this and other work related to the project. 487 B. Pass a resolution making a firm commitment to cooperate with the National Park Service and the Department of Highways by acquiring the upproxlmste 834 acres of Land required for recreational purposes as outlined In paragraph 4, and adopt the proposed method of financing ns outlined above. A firm commitment by City Council mill: 1o Enable the Blue Ridge Parkway to program immediately its mork in connection mith the two Spur roads and developments within the recreational areas, so that the plans can be drawn and construction mork started next year. Rork on the Blue Ridge Parkmay Proper around Roanoke is scheduled to be completed by mid summer of 1964. 2. Take advantage of funds immediately available through the Department of Highways in connection with right of may for the two (2) Spur Roads. It mill enable the City Engineering Department to establish more accurate values of land through current appraisals and to further negotiate with the Federal Government relative to aid for Open Space land, to negotiate with the property omners and arrange a financial settlement with them over a three year period. It mill also permit the City to start clearing and grading the new road to the top of Mill Mountain as outlined In Resolution No. 14802. s/ B, Cletus Bro¥1es City Engineer APPROVED: s/ John L, Wentworth Director of Public Morks* In this connection, Mr. Sam P. Weems, Superintendent of the Blue Ridge Parkway, advised Council that the city will derive economic benefits from the proposed project because of anticipated tourist trade. With further reference to the matter, Mr. R. Bolling Izard, President, Roanoke Chamber of Commerce, appeared before Council and presented a Resolution adopted by the Chamber of Commerce, urging that Council take immediate action to approre the basic plans for the Rill Mountain Spur development and urgently requesting Council to instruct the City Manager to contact as soon as possible those property owners affected by the basic plan in order that negotiations for the purchase of said properties be commenced as expeditiously as possible. The matter having been discussed at length, Hr. Garland moved that the City Attorney be requested to prepare the proper measure appointing appraisers in connection with the project. The motion was seconded by Rt. Dillard and unanimouslyl! adopted. Mr. Garland then moved that the City Attorney be directed to prepare the proper measure making a firm commitment to co-operate with the National Park Service and the Virginia Department of Highways in the acquisition of land for the project. The motion was seconded by Mr, Dillard and unanimously adopted. AUDITORIUM-COLISEUM: Council havin9 previously requested the City Manager ascertain the cost Of acquiring a triangular portion of land in the Commonwealth Redevelopment Project bounded on the north by Orange Avenne, on the east by Wllliamson Road and on the west by the future Interstate Ol Highway Spur, containing approximately 22 1/2 acres, and to also ascertain whether or not the City Of Roanoke Redevelopment and Housing Authority will give the City Of Roanoke a six months* 488 option on said laud, plus un additional six months, if necessary, nhich site hun been recommended by the iota*to Jaafor Chamber of Commerce for no auditorium- coliseuu, the City Manager submitted n written report, advising tbzt he has been informed by the **using Authority that the cost of this land, based on appraisals, ts $500,000 and suggesting that Council authorize him to secure an option on the property rot one year. After a discussion of the matter, the City Attorney advising Council that there is no need for a formal option since the tract of laud is to be designated for public use in the near future uheu the entire area Is rezoned, but Con*cdt indicatln~ a desire to obtain the option as an extra precautionary measuret Mr. Garland moved iIthat the City Attorney be directed to prepare the proper measure providing for the itucquisition of the option for a period of one year. The motion was seconded by I!Mr. Pollard and unanimously adopted. AUDITORIUM-COLISEUM: Council having previously authorized the employment !of architects and engineers to prepare plans and specifications for a proposed i!auditorium-coliseum, the City Raaager submitted a written report, advising that he :!has held a meeting with the architects and engineers and that it nas suggested that :ithe committee by creating a small committee from The Citizens* Committee for Greate !Roanoke. Mr. Carland noted that the City Attoruey he directed to prepare the proper ilmeasure providing for the appointment of Messrs. Robert Ag Garland, Chairman. James IJone, s. Walter L. Young and Rurray Ag Stoller as members of the committee requested ilby the architectural group, it being understood that the chairman of the committee !iwill contact The Citizens' Committee for Greater Roanoke for the purpose of securin9 iirepresentatives from that group. The motion was seconded by Mr. Pollard and adopted iI Mro Dillard voting no. TRAFFIC: Council haviog under date of July 31, 1961, adopted Ordinance ilNo. 14510 in which it expressed its willingness, upon the completion of a regional !comprehensive traffic survey, to participate with the Roanoke Valley Regional [Planning Commission in the preparation of a regional traffic and transportation ilplan to be prepared by consultants under contract with the Virginia Department of ilHighways, at a proportional cost to the City of Roanoke estimated to be approximately ii$5,000.00, the City Manager submitted a ~ritten report, advising that it has now been determined that the city*s cost will be $12,410.59 and that he has been requested by the Chairman of the Roanoke Valley Regional Planning Co~mission to obtain from Council a commitment of these funds now in order that the work might be expedited, the appropriation of said funds to be included in the 1953 budget, the City Manager recommending that the commitment be made. On motion of Mr. Garland, seconded by Mr. Dillard and unanimously adopted, the matter was referred to the City Attorney for p~epuratiou of the proper measure. 489 STREETS AND ALLEYS: Council having previously referred to the City #nnuger for a cost estimate the matter of widening Garden City Boulevard, S, 15 feet on each side from Ray Road to Bnrtsoob Roulevard, he submitted u mrltten report, advising that the estimated cost of this project is approximately $50,000, eacluding any land or betterments, . On motion of Mr, Jones, seconded by Mr, Pollard and nnanimonsly adopted, the matter mas referred to the Budget Commission for its consideration, REPORTS: The City Manager submitted a written report, transmitting a report of the Department of Public Welfare for the month of July, 1962, and listing monthly departmental reports on file in his office. On motion of Mr. Dillard, seconded by Mr. Youn9 and unanimously adopted. the report was ordered filed. REFUNDS AND REBATES-SERERS AND STORM DRAINS: Council having previously referred a request of Mr. Robert C, Atkinson that he be refunded a $50, O0 sewer connection fee and 40% of his water bills for the period from July 1, 1952, to June 30, 1962, for sewage treatment services which were not rendered, to the City Attorney for an opinion as to mbetber or not Council has the right under the that Mr. Atklnson is not legally entitled to recover such payments. It appearing that Rt. Atkinson is unable to attend the present meeting due to absence from the city. Mr. Young moved that the matter be carried over until the regular me,tin9 of October 1. lq62. The motion was seconded by Mr. Dillard and unanimously adopted. ZONING: Council having previously referred to the City Plannin9 Com- mission for study, report and recommendation a request of Mr. William Watts that property located on the north side of Brambleton Avenue. S. W.. east of Red Rock Road. described as Lot 16 and a portion of Lot l?. Block 5. Evergreen Development Company Map, Official Tax Nos. 1650519 and 1650520, be rezoned from General Residenci District to Business District. the City Planntn9 Commission submitted a written report, recommending that the request for fez,ming be granted. Br. Young moved that a public hearing on the matter be held at 2 p.m.. October O. 1962. The motion was seconded by Mr. Garland and unanimously adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: AUDITS: Council having previously carried over until the present meeting the question of auditin9 city funds as previously reported on by a committee, the matter was again before the body. After a discussion of the matter. Mr. Jones moved that Mr. Roy R. Pollard. Sr.. Cbairman. and Mr. Benton O. Dillard be continued as members of the committee and that Mayor Murray A. St*liar be appointed in the place of former Mayor Willis Anderson as a member of the committee, said committee to submit recommendations to Conncil from time to time for Its consideration. The motion nas seconded by iBr. Garland and unanimously adopted. 49O CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SCHOOLS: Ordinance No. 14929, electing that the City of Roanoke be bound by the provisions of Article 1.2, Chapter 12, Title 22, of the Code of Vlrgimia, 1950, as amended0 in lien of Article 1.1 of such chapter and title, in order that all future assignments of pupils to schools in the City of Roanoke can be done On a local basis, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Dillard offering the following for its second reading and final adoption: (=14929) AN ORDINANCE electing that the City of Roanoke be bound by the provisions of Article 1.2. Chapter 12, Title 22, of the Code of Virginia, 1950t as amended, in lien of Article 1.1 of such chapter and title. (For full text of Ordinance. see Ordinance Book No. 25, page 459.) Mr. Dillard moved the adoption Of the Ordinance.· The motion was seconded by Mr. Jones and adopted by the following vote: AVES: Messrs. Dillard, Garland, Jones, Pollard. Young and Mayor NAYS: None ...................O. (Mr. Nheeler absent) DONATIONS-STREETS AND ALLEYS: The City Attorney presented draft of an Ordinance accepting the offer of Kimmerling Brothers, Incorporated, to donate to iht city a small strip of land on the east side of 19th Street, N. N., between Bland Avenue and Matts Avenue, for street widening purposes. In this connection, the City Manager submitted a mritten report, recom- mending that the offer be accepted. Mr. Garland moved that Council concur in the recommendation Of the City Manager and offered the following emergency Ordinance: (~14935) AN ORDINANCE accepting a small strip of land contiguous to the east line of 19th Street, between Bland and Watts Avenues, N. W.; and providing for an emergency. (For fall text of Ordinance. see Ordinance Book No. 25, page 463.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Young and Mayor Stoller ................................ NAYS: None ...................O. (Mr, ~heeler absent) DONATIONS-LANDMARKS-STREETS AND ALLEYS: The City Attorney presented draft of an Ordinance authorizing the acceptance of o donation by the Norfolk and ~estern Railway Company of a strip of land on First Street, N. W., between Centre Avenue and Shenandoah Avenue, and a strip of land on the north side of Norfolk Avenue, S. from Second Street to Fifth Street. In this connection, the City Managersubmitted o written report, reCom- mending that the donation be accepted. 491 Mr. Garland moved that Council concur ia the recommendation of the City Manager and offered the following emergency Ordinance: (z14936) AN ORDINANCE authorizing the acceptance of a donation by the Norfolk and Western Railway Company of tn* parcels of real estate; and providing for an emergency. (Par full text of Ordinance, see Ordinance Book NO. 25. page 464.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Hessrs. Dillard, Garland, Jones, Pollard, Young and Mayor St*lief ................................. 6. NAYS: None ...................0, (Rr, Rheeler absent) DONATIONS-PARRS AND PLAYGROUndS-STREETS AND ALLEYS: The City Attorney presented draft Of an Ordinance authorizing the acceptance of u donation by the Norfolk and Mestern Railmay Company of !.88 acres of land on the southerly side of Roanoke River, extending from ~lllow Street to Arbor Avenue, S, R. In this connection, the City Ranager submitted a uritten report, recom- mending that the donation be accepted. Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u14937) AN ORDINANCE authorizing the acceptance of a donation by the NoFfolk and Western Railway Company of 1.00 acres of land; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 465.) Mr. Jones moved the adoption of the Ordinance. The ~otion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Youog and Mayor Stoller ................................. 6. NAYS: None ...................O. (Rt. Wheeler absent) MOTIONS AND MISCELLANEOUS BUSINESS: LICENSES: Rr. Pollard pointed out that in the past various groups of business and professional organizations have appeared before Council seeking relief or readjustments of business and occupational license taxes, but that no relief or adjustments have been made, Mr. Pollard expressing the belief that adjustments should be made as Roanoke rates are the highest in the state, quoting rates charged by six of the leading cities of Virginia, including Roanoke. Mr. Pollard stated further that Roan*he's license tax rates are unfair to its business and professional men and that he knows of no reason to justify them, that if Roanoke is to contilue its forward movement its license tax rates should be on a comparable basis uith other cities of the state, Mr. Pollard moving that the Mayor appoint a committee composed of Mr. J. Robert Thomas, City Auditor, Mr, Charles R. Lescure, Commissioner of Revenue, and three qualified citizens to study and review the city*s business and occupational license taxes and to report back to Council with its recommendations. ' 492 In a discussion or the mutter, Mr, Gurlund and Muyor Stoller ugreed thut the merchants are paying a disproportionate purr of the cityts tuxes, but stated they do not see how Council can nfl*rd to give uny*ne a reduction in taxes at this time, particularly mhee it is going to have to ash the tuxpayers for more money, Mr, Jones offered an amendment to the motion of MF. Pollard that the committee study the entire tax structure of the City of Roanoke, including u study as to mhen real estate can be reassessed and un equitable assessment of all prop- er*les in the City of Roan*he ob*wined, The motion was seconded by Mr. Dillard, In this connection, Messrs, W. Jnchsan Shepherd, Vic*oF A, Il*inet and Joseph L, JJill, representing the Roan*he Merchants Association, protested *hut a study of the entire tax structure would take too long and that if the merchant*s license tax is inequitable immediate relief should be given. After a further discussion of the matter, Hr, Pollard agreeing that a study of the entire tax structure would take too lan9 and thut the merchants should he given immediate relief, and Mr, Youn9 voicing the opinion that this is not an opportune time to study the question of reappraising real estate in view Of the fact that the quadrennial reassessment of real estate is in progress, the amendment offered by Mr, Jones was adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones and Mayor Stoller ...............4, NAYS: Messrs. Pollard and Youn9 .......................................2, (Mr. Wheeler absent) The motion, as amended, was then adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones and Mayor Stoller ...............4. NAYS: Messrs. Pollard and Young ....................................... (Mr. Mheeler absent) Mr, Pollard then moved that a 20~ reduction be allowed on all business and occupational license taxes for the year 1963 and that the matter be referred to the City Attorney for preparation of the proper measure. The motion failed for lack of a second. Mr. Jones moved that the question of allowing a 20~ reduction on all business and occupational license taxes for the year 1963 be referred to the Budget Commission for its consideration, The motion failed for lack of a second, STATE HIGRRAYS-I~USTRIES: Mr, Jones brought to the attention of Council and offered the following Resolution with regard to industrial access road funds: (n14938) A RESOLUTION requesting the Virginia Ilighway Study Commission to recommend to the Governor and the General Assembly of the Commonwealth that Section 33-136.1 of the Code of Virginia be amended so as to permit all cities and towns to be eligible to share in the fund therein required to be set aside and expended by the State Highway Commission for providing access roads to industrial sites. (For full text of Resolution, see Resolution Book No. 25, page 465.) 493 Hr. Jones moved the adoption of the Resolution. The motion mas seconded by Hr.,Dillard nnd adopted by the follouing vote: AYFq: Nessrs. Dillard. Garland, Jones, Pollard, Young end Rnyor Stoller ................................6, NAYS: None ...................O, (Rro Rheeler absent) COONCIL: Nr, Jones stated that Resolution No, 10183, establishing policy with reference to the preparation of the calendar of business to be deliberated by Council at its regular weekly sessions, provides for closing the docket for the calendar at uoou on Friday and that he does out feel this gives the members of Council sufficient time to study items on the agenda. Rro Jones moving that the Git Attorney be directed to prepare an amendment to Resolution No. 10103, providing for closing the docket for the calendar on Nednesday at 5 p.m., and making copies of the calendar available to the public at noon on Thursday, The motion mas seconded by Mr. Dillard and unanimously adopted. GARBAGE REMOVAL-PARKS AND PLAYGROUNDS: Mayor Stoller having requested to be placed on the agenda for the purpose of discussing the matter of having the City Manager report on the current status of the Rashington Park dump, a delegation of residents in the vicinity of Rashington Park appeared before Council. Speaking in protest against sanitary conditions at the dump and asking that it be closed were Mr. £. $, Brown, Dr. Frank M. Claytor, Mr. A. Byron Smith and Dr. L. E. Paxton. Mr, Clem D. Johnston, owner of the Blue Hills Estate northeast of the city, appeared before Council and stated that he understands there is a possibility~ the city Hill establish a dump near his property in the vicinity of Tinker Creek, Mr, Johnston advising that he plans to develop his property and that a land fill the access road to said property would be unsightly and spoil the entire area, therefore, it is his fervent hope that the city will not proceed with plans for establishing a dump in the Tinker Creek area. The matter having been discussed at length, Rayor Stoller relinquished the Chair to Vice Rayor Garland and moved that the City Manager be requested to report to Council on the current status of the Mashington Park dump, what action is being taken to keep it in a sanitary condition, an estimate as to when it might be closed in an orderly manner, and what recommendations he might have to make not only about this situation, but the entire method of garbage disposal. The motion was seconded by Mr. Dillard and unanimously adopted. RF. Garland moved that the meeting be adjourned. The motion was seconded by Rt. Jones and unanimously adopted. APPROVED ATT~T: Mayor · 494 COUNCIL, MEGULAR MEETING, Monday, September 17. 1962. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, September 17,.1962t at 2 p,m,o the regular meeting hour, with Mayor St*lief presiding, pRESENT: Measrso Dillard, Garland, Jones, Pollard, Young and Mayor St*lieF .................................... 6, AESENT: Rr, Rheeler .............1. OFFICERS pRESENT: Mr. Arthur S, Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend M. L. Mlnnick, Pastor. College Lutheran Church. MINUTES: Copy Of the minutes of the regular meeting held on Monday, September 10, lqGZ, having been furnished each member Of Council, on motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: GASOL1NE-AIRPORT: Pursuant to notice of advertisement for bids on furnishing aviation turbine fuel supplies and facilities to the Roanoke M~nicipal (Wu*drum) Airport, said proposals to be received by the City Clerk until 1:30 Monday, September 17, 1962, and to be opened at 2:00 p.m., before Council, Mayor Stoller asked if there was anyone present who did not fully understand the adver- tisement, if there was anyone present who had been denied the privilege Of bidding, or if there were any questions about the advertisement anyone would like to ask, and nO representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the one bid received from the Shell Oil Company, agreeing to supply the turbine fuel'to the City at 17.74 cents per gallon, plus any applicable taxes and fees, After a discussion of the matter as to whether the existing contract of the Shell Oil Company for supplying aviation gasoline to the City can legally be extended to cover turbini fuel,.Mr. Pollard moved that the bid be referred to a committee to be appointed by the Mayor for study, report and recommendation. The motion was seconded by Mr. Jones and unanimously adopted. Mayor Stoller then appointed Messrs. Roy R. Pollard, Sr., Chairman, Marshall L. Uarris and J. Robert Thomas as members of the committee. STREETS AND ALLEYS: Council having previously continued until the present meeting a public hearing set for 2:00 p,m,, September 10, 1962, on the requeat of Mrs. Octaria. Jb DeMitt, et al., that that portion of a 20-foot alley running north and south between Railroad Avenue and Russell Avenue, S, W., to its intersection with an alley running east and west between Uridge Street and Marwick Street, ~. 495 be vacated, discontinued and closed, and the body having also reset the public hearing for 2:00 p.m** September 17. 1962. to conform to a change in state lam. the matter was before Council. In this connection. Mr. Ao To Loyd. Attorney. representing the petltioner~ appeared before Council and asked tbnt the alley be closed as requested. No one appeared in opposition to the request that the alley be closed. After a discussion of the matter. Mr. Young stating that he feels prior notice of the application to Council should have been given to the public and that viewers should have been appointed to view the alley. Nr. Dillard moved that Council concur in a previous recommendation of the City Planning Commission that the alley be closed and that the following Ordinance be placed upon its first reading: (n14939) AN ORDINANCE vacating, discontinuing and closing a certain alley located north of Lot I and east of Lots I to 10. inclusive. ,loch 2. as shown on Rap of Section No. 3. Roanoke Development Company, recorded in Plat Book 1~' page 61. in the Clerk*s Office of the Circuit Court for the County of Roanoke, Virginia, which property is presently located in the City of Roanoke, Virginia. WHEREAS, Octavia J. DeRitt and others are the property owners adjoining on bath sides Of said alley, and have presented to Council a written instrument signed and acknowledged in accordance with the provisions of Section 15-967.17 (b) of the Code of Virginia as amended in 1962, which instrument recites that said parties are the sole abutting property owners on both sides of the aforesaid alley, and which instrument was executed by the said parties for the purpose of vacating the alley, as more fully hereinafter described; and WHEREAS, there are no other property owners in the vicinity whose rights or privileges mill be abridged or destroyed by the vacating of said alley; and WflERF.~S, Octavia J. DeWJtt and others have requested that said alley be vacated, discontinued and closed; and WHEREAS. by action of the Council of the City Of Roanoke, Virginia. on the 30th day of July. 1962, the matter was referred to the City Planning Commission for its recommendation; and WHEREAS, the City Planning Commission had a public hearing on the 8th day of August, 1962, at which h;aring there was no objection to the vacating of said alley, and the Planning Commission bas recommended to the Council of the City of Roanoke, Virginia, that said alley be closed; and NHEREAS, the Council of the City of Roanoke, Virginia, did on the 17th day of September, 1962, at 2:00 oSclock, p.m., in the Council Chamber, after due publication as required by las, hold a public hearing on the request of Octavia J, DeRltt and others; and RHERF.~S, it further appears to the Council of the City of Roanoke, Virginia, that L. Earl Simms and Emmett W. Lindsey have agreed to bear the cost of the proceedings. '496 THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke, Vlrginln~ that It officially expresses its approval, of the vacating of an allay, more par- ticularly described as follous: ALL of the alley located north of Lot I and tart or Lots I to 10. inclusive. Block 2, as shown on Hap of Section No. 3. Roanoke Development Coupany, which map is recorded in Plat Rook 1, page 61, in the Clerk*s orrtce of the Circuit Court for the County of Roanoke, Virginia, which property is now located in the City of Roanoke, VirglnJao BE IT FURTHER ORDAINED that al'l right, title and interest of the City of Roanoke, Virginia, and the public in and to said alley be and hereby are released Insofar as this Cooncll is empowered so to do, the City of Roanoke,/however, reserving unto Itself a public easement in the said alley for existing sewer lines and water mains and the right of ingress and egress for the maintenance and repair of any existing sewer lines and water malnSo HE IT FURTHER ORDAINED that the City Engineer be, and be is hereby, directed to mark 'Permanently Vacated, Ordinance No. 14939, dated October 1, 1962', all of the hereinabove described alley on all maps or plats on file in the office of the Engineer of the City of Roanoke on which maps or plats said alley is shown, referring to the book and page number of the Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread, and referring to the deed book and page number in the Clerk*s Office of the Hustings Court for the City of Roanoke, Virginia, where the aforesaid instrument signed by the abutting property owners is filed for recordation, BE IT FURTUER ORDAINED that the Clerk of this Council be, and she is hereby, directed to deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, and to the Clerk of the Circuit Court for the County of Roanoke, Virginia, a copy of this Ordinance in order that said Clerks may make proper notations on all maps or plats recorded in their Offices upon which said alley is shown and that the said Clerk of this Council be, and she is hereby, directed to furnish to the petitioners a certified copy of this Ordinance to be attached to the aforesaid written instrument for illin9 for record in the Clerk's Office of the Hustings Court for the City of Roanoke. Virginia. The motion was seconded by Mr, Jones and adopted by the following vote: AyEs: Messrso Dillard, Garland, Jones. Pollard and Mayor St*lief .......5. NAYS: Mr, Young ....................................................... 1, (Mr. Wheeler absent) STREETS AND ALLEYS: Council at its last regular meeting having continued until the present meeting a public bearing on the request of Mrs, Grace W. Taubman that that portion of Floyd Avenue, S. W., east Of its intersection with Walton Avenue, be vacated, discontinued and closed, with a view of the petitioner and representatives of the J, W. McClaugherty Estate, owner Of a tract of land abutting the sooth side Of Floyd Avenue, S. W., working out a mutually satisfactory solution as to ingress and egress to and from the McClaugherty property, the matter was again before the body, 49 ' In this connection, Hr. Marvey $, Lutinu, Attorney, representing Mrs. Taubaun, sppeared before Council. advising that his client would prefer that the entire block be closed, as originally requested, bat that ir Council is not willing to do this, his client will agree to leave the eastern fifty feet of Floyd Avenue open for proper ingress and egress to and from the RcCluugherty property. Hr. John D, Cart. Attorney, representing the Heirs of the J, #, McClaugherW Estate, stated that he has not had sufficient notice of the compromise offer to ascertain whether OF not it would be agreeable to his clients, Mr. GaFF presenting Mr. David Dick, Civil Engineer, who displayed maps and explained the problem of ingress and egress to and from Ih* McClaugherty property. After a lengthy discussion of the matter, Hr. Carland moved that action on the request be deferred until the regular meeting of Council on October 1, 1962. The motion was seconded by Hr. Pollard and unanimously adopted, POLIGE DEPARTKRNT: Mr. Arthur Re Crush, Jr.. President. Fraternal Order of Police Associates, appeared before Council in connection with a request that the Roanoke City Police Department be placed on a 40-hour work week, Rr, Crush advising that at the time he asked to be placed on the agenda he thought he would have certain information available, but that as yet he does not have this i~formation. On motion of Mr. Young, seconded by Mr. Pollard and unanimously adopted. the matter was carried over until the next regular meeting of Council on October 1. 1962. CITY ERPLOYEES: Rt. ~allace M, Mattox, President of the Roanoke Fire Fighters Association. appeared before Council and requested that the body direct the' City Auditor to make payroll deductions for membership fees in the organization. Rt. Mattox explaining that the members of the organization are good about paying their monthly dues. bat that it is inconvenient from an administrative standpoint, and that since the City presently furnishes this service to the Shenandoah Life Insurance Company, The Blue Cross Plan For Hospital Care and the United Fund of Roanoke Valley, Incorporated. his organization feels that it is only fair that it be given the same consideration. Mayor Stoller asked Mr. Rattox how he could make this request when it has been the policy of the State since 1946 for officers Of a municipality not to recognize municipal employee unions, Mr, Mattox pointed out this is a policy not a law. Rt. John Re MacKenzie, representing the Roanoke City Workers Association, appeared before Council and asked that the City Auditor also be directed to make payroll deductions for membership fees in this organization, Mr. MacKenzie stating that in the case of the organization he represents it is indeed difficult to get the members to pay their monthly dues because they are widely scattered and it is hard to contact them, Mr. MacKenzie contending that authorizing such payroll deductions would not constitute recognition of municipal employee unions. '498 In · discussion of the matter, the City Auditor advising that he does not have sufficient equipment at the present tine to take care of payroll deduction for the two organizations. Mr. MacKenzie stated that the tm, organizations mould be glad to furnish a check-off list of the names of their members and to reimburse the City for the clerical work involved. Among representatives of various labor onions in the City speaklng in favor of the two requests mere Messrs. Rilliam R. Johnson. John A. Draper. Ralph H. Bottesheard. Rllliam R. Ruble. James P. Tankersley. and Charles E. Parker. After a further discussion of the question. Messrs. Garland. Jones and Stoller stating that they still feel to grant the two reqoests would be recognition of municipal employee unions and against the policy of the State and that the recourse of the unions is before the.General Assembly of the Commonwealth of Virginia, Hr. Garland moved that the two requests be denied. The motion mas second~ by Mayor Stoller. who relinquished the Chair. and adopted by the following vote. Mr. Dillard protesting that to deny the request is discriminatory and Mr. Pollard stating that since 10.000 to 12.000 citizens are represented by those speaking at the present meeting he does not feel Council should act hastily in the matter: AYe: Messrs. Garland, Jones, Young and Mayor Stoller ................ ~A¥S: Messrs. Dillard and Pollard ....................................2. (Mr. ~heeler absent) P~T1TION$ AND COMMUNICATIONS: SCHOOLS-TRAFFIC: A communication from Mrs. Joyce T. Conner. a student at Jefferson Senior liigh School. requesting that students at Jefferson Senior High School be given legal parking places, was before Council. After a discussion of the matter as to furnishing parking space in the vicinity of the high school on private parking lots, Mr. Garland moved that the request be referred to the City Manager for study, report and recommendation. After a further discussion of the matter, it being pointed out that the City furnished very few special parking privileges. Mr. Garland withdrew his motion; whereupon Mayor Si,liar relinquished the Chair and moved that the City Clef be directed to inform Mrs. Conner that she has no vested right to free public parking space. The motion was seconded by Mr. Dillard and unanimously adopted. SE~ERS AND STORM DRAINS: A Resolution of the Council of the Town of Salem. requesting that the contract between the Town of Salem and the City of Roanoke dated October 16. 1953. dealing with the treatment of domestic and com- mercial wastes, be amended by adding thereto a 2B.$=acre tract of land south of Salem bounded on the north by Ellison Avenue. on the west by Penley Boulevard (Virginia Secondary Route 773). on the south by Mill Lane (Virginia Secondary Rou}e 636) and on the east by Antrim Street. was before Council. On motion of Mr. Young, seconded by Mr. Garland and unanimously adopted, the request was referred to a committee composed of Ressrs. Roy L. Webber. Chairman. Walter L. Young. Arthur S. Owens and Randolph G. Mhittle for study, report and recommendation to Council. 499 STADIUM: A communication from the Town and County Garden Club, reqsestiu~ thnt Council upproprlnte SI,gO0, $5D0 of which cnn be transferred from Trees, Shrubs and Flowers under Section mill, #Parhs mud Recreational Areas,' of the 1962 budget, to cover the cost of constructing sidewnlh, curb and gutter at ¥1CtoFy Stadium; clearing the river banR, grooming the trees and pla~ting the banks with ivy; and waking and planting six flower beds and planting twelve crab apple trees and three large wagnoliaa, was before Councllo After a discussion of the matter, the City Manager submlttin9 a verbal recommendation that the request be granted, Mr. Pollard moved that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Young and adopted, MessFs. Dillard and Jones VOting no, STREETS AND ALLEYS: Communications from property owners on Mabry Avenue, S. E** between Ventuor Road and Moran Street. asking that the present project for widening Mabry Avenue be extended from Ventnor Road to Moran Street and agreeing to donate necessary land in exchange for curb and gutter and other considerations, were before Council. In this connection. Mr. Roy W. Daltont 3404 Ventnur Road, S. E.. appeared before Council and ashed that the east side of Yentnor Road in front of his propert~i also be widened for a distunce of 150 feet from Mabry Avenue. On motion of Mr. Pollard, seconded by Mr. Young and unanimously adopted, the request was referred to the City Manager for study, report and recommendation, including an estimate of the cost. REPORZS OF OFFICERS: STATE HICIINAYS-SE~ER5 AND STORM DRAINS: The City Manager submitted a written report, advising that in connection with the construction of Interstate 591 in the vicinity of Court Street, N. M., it will be necessary for certain changes to be made in the location of an eight-inch sanitary sewer line and that in making these changes it' is deemed desirable that the eight-inch sewer line be increased to a ten-inch sewer line, the City Manager explaining that the Virginia Department of Dlghways has taken the position that the replacement Of the same size pipe is the responsibility and cost of the interstate project; however, any betterment must he borne by the City, the difference in cost being $120.24, the City Manager recommending that he be authorized to enter into a utility agreement with the Dighway Department for the installation of a ten-inch sanitary sewer line. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (m14940) A RESOLUTION authorizing the City Manager to execute a utility agreement between the City and the Commonwealth of Virginia, Department of Dlghways;: dealing with the relocation and increasing the size of an existing sanitary sewer pipe in the vicinity of Court Street, N. M., the relocation of which is necessitate~ because of the construction of Interstate Route 591. (For full text Of Resolution, see Resolution Book No. 25, page 5OO Mr. Garland moved the adoption of the Resolution, The motion mas seconded by Mr. pollard and adopted by the foil*ming vote: AYES: Messes. Dillard° Garland, Jonest Po~lard, Young and Mayor St,lief ................................ NAYS: None ...................O. (Mr. Mheeler absent) BUDGET-DEPARTMENT OF PUBLIC ROBES: The City Manager submitted a written report, recommending that $42.02 be appropriated to Salary. Extra Employees under Section mO0, *Engineering Services,* of the 1962 budget. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the foil*ming emergency Ordinance: (~14941) AN ORDINANCE to amend and reoFdain Section ~flO, *Engineering Services,* of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinancet see Ordinance Book No. 25, page 467.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Youn9 and Mayor St,lief ................................. 6, NAYS: None ...................O. (Mr. Mheeler absent) CITY PROPERTY-PARKS AND PLAYGROUNDS: Council haydn9 previously referred a.request of Graves-Humphreys. Incorporated. 1948 Franklin Road. $. N.. that it be permitted to use city-owned land adj scent to its property for a parking lot to the City Attorney for tnve stigation and report as to whether or not deed restrictions prohibit the use of the land in question for this purpose, the City Attorney submitted a written report, advising that this property was conveyed to the City !iby,: deeds restricting its use for park purposes, Mr. Garland moved that the request.be denied. The motion was seconded by Mr. Dillard and unanimously adopted. SPECIAL PERMITS-STREETS AND ALLEYS: Council having previously directed the City Attorney to prepare the proper measure authorizing the Central Baptist Church to encroach for a distance of l0 feet on an alley in the construction of an annex to its present building at 1502 Staunton Avenue. N. R.. the City Attorney submitted a written report, advising that he has been informedby the Engineering Department that before a plat showing the encroachment can be prepared, certain field surveys must be made. and that such surveys cannot be made until some time next week. therefore, he will prepare the requested measure promptly upon receipt the plat. On motion of Mr. Garland. seconded by Mr. Young and unanimously adopted. the report was ordered filed. REPORTS OF COMMITTEES: NONE, UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIitS: NONE. 501 INYRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STATE HIGDRAYS: Council having previously directed the City Attorney to prepare the proper measure concurring in the awarding of a contract by the Virginia Department of Hlghmays to J. M. Turner and Company in a total amount of $1.019,821.4 for the construction of a portion of Interstate Route 581, he presented a Resolution mhereupon, Mr. Garland offered the follomlng: (=14942) A RESOLUTION concurring in the award by the Commonwealth of Virginia, Department of Blghways, of a contract to J. M. Turner and Company, lac., for the construction of a portion Of Route $§1 Spur into RoanoRe. (For foil text of Resolution, see Resolution nook Mo. 25, page 468.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: Aye5: Messrs. Dillard, Garland, Jones, Pollard, Young and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Mheeler absent) CHAMBER OF COMMERCE-STATE tlIGDWAYS-PAR£S AND PLAYGROUNDS: Council having previously directed the City Attorney to prepare the proper measures appointing appraisers in connection with the Mill Mountain Spur development and making a firm commitment to cooperate with the National Parr Service and the Virginia Department of Highways in the acquisition of land for the project, he presented same; whereuponl Mr. Garland offered the following Resolution appointin9 appraisers: (=14943) A RESOLUTION appointing appraisers of real estate needed by the City for the Blue Ridge Parkway Development. (For full text of Resolution, see Resolution Door No. 25, page 46g.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Young and Mayor Stoller ...... ~ .......................... 6. NAYS: None ...................O. (Mr. Wheeler absent) Mr. Garland then offered the following emergency Ordinance appropriating $6,000 for payment of the appraisers: (=14944) AN ORDINANCE to amend and reordain Section =142, NTransfer to Improvement Fund,# of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance nook No. 25, page 46g.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Young and Ma~or Stoller ................................. 6. NAYS: None ...................O. (Mr. Wheeler absent) Mr. Pollard offered the folloming Resolution committing the City to cooperate in the project: (a14945) A RESOLOTION advising the National Parr Service and the Department of Highways of the Commonwealth of Virginia of this Cooncil's intention to appropriate the estimated sums required for the appraisal and acquisition of 502 real estate,.constraction of roods, contingeoces amd expert planning that are the responsibilities of the City in connection with the Hill Rouotain - Dine Ridge Parkway project, (For full tent of Resolution, see Resolution Dank No, 25, page 470,) Hr, Pollard Bayed the adoption of the Resolution, The motion was seconded by Hr, Jones and adopted by the following vote: AYES: HeaRts, Dillard, Garland, Jones, Pollard, Young and Rayor Stoller ....................... ~ ......... NAYS: None ...................O. (Hr. Rheeler absent) AUDITORIUR-COLISEUR: Conncll baring prerlously directed the City Attorney to prepare the proper measure authorizing the City Manager to secure au option on a triangular portion of land in the Commonwealth Redevelopment Project bounded on the north by Orange Avenuet on the east by ~illiamson Road and on the west by the future Interstate 81Dlghway Spur, containing approximately 22 1/2 acres, recom- mended by the Junior Chamber of Commerce as a site for a proposed auditorium-coliseum. in the amount of $500,000. based on appraisals, he presented an Ordinance. Mr. Young raised the question as to whether or not any attempt has been made to negotiate the purchase price of the land, and it appearing that no such attempt has been made, Rr. Youn9 moved that the matter be referred back to the City Manager to negotiate the purchase price. The motion was seconded by Mr. Jones and adopted. ~ro Dillard voting no. AUDITORIUM-COLISEUM: Council having previously directed the City Attorney to prepare the proper measure appointing a committee composed of members of Council to work and advise with the architects and engineers employed to prepare the plans and specifications for the proposed auditorium-coliseum, he presented a Resolution; whereupon, Mr. Pollard offered the following: (=14946) A RESOLUTION appointing a committee of Council members to work and advise with the architects and engineers employed to prepare the plans and specifications for the proposed auditorium-coliseum in the preparation of such plans and specifications. (For full text of Resolution, see Resolution Book No. 25. page 471.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by Ihs following vote: AYF.5: Messrs. Garland, Jones, Pollard, Young and Mayor Stoller ......... 5. NAYS: Mr. Dillard .................~ .................................... 1. (Mr. ~heeler absent) TRAFFIC: Council having previously directed the City Attorney to prepare the proper measure committing the CitI of.Roanoke to the expenditure of $12,410.69 in 1963, representing the City's proportionate cost of a regional traffic and transportation plan to be prepared by consultants under contract with the Common- wealth of Virginia, Department of Highways, he presented a Resolution; whereupon, Mr. Jones offered the following: (21494?) A RESOLUTION advising the Roanoke Valley Regional Planning Commission and the Department of Highways of the Commonwealth of Virginia of this Conncil*s willingness to participate In and pay its proportionate share of the cost of the second stage of the required work to obtain a regional traffic and trans- portation plan, (For full text of Resolution. see Resolution Rook Ro. 25, page 471,) Mr. Jones moved the adoption of the Resolution, The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Ressrs. Dillard. Garland, Jones, Pollard, Young and Rayor Stoller ................................. ~¥5: None ................... O. CMr. Rheeler absent) COUNGIL: Couacil having previously directed the City Attorney to prepare an amendment to Resolution No. 10183, establishing policy ~ith reference to the preparation of the calendar of business to be deliberated by the Council at its regular weekly sessions, to pr,vide for closing the docket for the calendar on Mednesday at $ p,m. and maRing copies thereof available to the public on Thursday, noon, he presented a Resolution; whereupon, Mr, Jones offered the following: (~1494U) A RESOLUTION establishing policy with reference to the prepara- tion of the calendar of business to be deliberated by the Council of the City of Roanoke at its regular sessions. (For full text of Resolution. see Resolution Book No. 25. page 472.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones and Mayor Stoller ...............4. NAYS: Ressrs. Pollard and Young ....................................... (Mr. Mheeler absent) Hr. Garland then offered the following Resolution repealing Resolution No. 10183: (z14949) A RESOLUTION repealing Resolution No. 10183. (For full text of Resolution, see Resolution Book No. 25, page 473.) Mr, Garland moved the adoption of the Resolution, The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Young and Mayor St,lieF ................................. NAYS: None ...................O. (Mr. Nheeler absent) PURCHASE OF PROPERTY-SCDOOLS: Council having previously directed the City Attorney to prepare the proper measure authorizing the sale Of 4.12 acres of the Ratts land to the Commonwealth of Virginia for a consideration of $12,569 in connection with Interstate Ronte 5BI, said measure to contain a stipulation that the funds derived from. the sale of this property shall be credited to the School Bond Fnnd, he presented an Ordinance providing for the sale Of approximately acres of the land. 503 5O4 In a discussion of the matter, the City Auditor advised that funds derived from the sale of the land revert to the General Fund and that Council can then appropriate these funds for school purposes if It so desires, Mr. Garland moved that the following Ordinance be placed upon its first reading: (n14950) AN ORDINANCE authorizing the proper City Officials to sell approximately 4.09 acres of the land previously acquired by the City from the Matts Estate, for school purposes, to the Commonwealth of Virginia for highway purposes. MHERKAS, the Roanoke City School Hoard has requested the adoption of this ordinance, in which request this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and each is hereby, authorized and directed, respective Iv. to execute aid attest a deed of bargain and sale, containing general warranty and modern english covenants, upon form first approved by the City Attorney, par*wan1 to nhich the City, In consideration of $12,$60.00o conveys unto the Commonwealth of Virginia, for highway purposes, approximately 4.09 acres of the real estate which it heretofore acquired from the Matts Estate, for school purposes, and as shown in red on Plan No. 4753 approved by H. Gl*tun Hroyles, City Engineer, under date of September 13, 1962, and on file in the office of said City Engineer, Mr. Garland moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Young and Mayor Stoller ................................. 6. NAYS: None ...................O. (Mr. Mheeler absent) MOTIONS AND MISCELLANEOUS BUSINESS: COUNCIL: Mr. Garland brought to the attention of Council and moved that the City Clerk be instructed to convey to Mr. Vincent 5. Wheeler Council*s best wishes for a speedy recovery and to tell him that Council has missed his presence very much, The motion was seconded by Mr, Jones and unanimously adopted. Mr. Garland moved that the meeting be adjourned. The motion mas seconded by Mr, Jones and unanimously adopted. APPROVED ATYEST: COUNCIL, REGULAR MEETING, Rondny, October 1, 1962. The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Uullding, Monday, October 1, 1962, at 2 p.m., the regular meeting hour, with RoTor Stoller presidicg. PRESENT: Yessrs. Dillard, Garland, Jones, Pollard, Mbeeler, ¥onng and Mayor Stoller ................ ~ ............. 7. ABSENT: None ....................O. OFFICERS PRESENT: Mr. Arthur S. O~ens, City Damager, Yr. Randolph G. Mhittle, City Attorney, and Mr, J, Robert Thomas, City Auditor. INVOCATION: The meeting mas opened with a prayer by Mayor Murray A. Stollero MINUTES: Copy of the minutes of the regular meeting held off Monday, September 17, 1962. havin9 been furnished each member of Council, on motion of Mr, Garland, seconded by Rt. Pollard and unanimously adopted, the readin9 thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON pUBLIC MATTERS: FUEL OIL: Pursuant to notice of advertisement for bids on furnishing the fuel oil requirements of the City of Roanoke for the period from October 15, 1q62, to October 15, 1963, said proposals to be received by the City Clerk until !:30 p.m. Ronday, October 1, 1962, and to be opened at 2 p.m., before Council. Mayor Stoller asked if there was anyone present who did not fully understand the advertisement, if there mas anyone present Mbo had beeo denied the privilege of bidding, or if there Mere any questions about the advertisement anyone would like to ask, and no representatire present raising any question, the Mayor instructed the City Clerk to proceed Mith the opening of the bids. The City Clerk opened and read the bids Of the following firms: Whiting Oil Compaoy. Incorporated; Texaco, Incorporated; Lawson Oil Company, Incorporated: Sinclair Refining Company; Humble Oil ccd Refining Company; Van Mood Oil Corporation Crown Central Petroleum Corporation; Andrews-Pitzer-Butler Fuel Oil Corporation; Fuel Oil and Equipment Company, Incorporated; Gul£ Oil Corporation; and The Pure Oil Company. On motion of Mr. Young, seconded by Mr. Mheeler and unanimously adopted, the bids mere referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Arthur S. Owens and D. B. Thompson for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. RRID6ES: Pursuant to notice of advertisement for bids on the renovation of bridge walks and hand rails with air*placed concrete on the Jefferson Street Bridge orer the Norfolk and Western Railway Company tracks, said proposals to be receired by the City Clerk until 1:30 p.m., Monday, October 1, 1962, and to be opened at 2 p,w., before Council, Mayor St*lief asked if there uss anyone present nh* did not fully understand the advertisement, ir there uss anyone present uho hsd been denied the privilege of bidding, or if there were any questions about the advertisement anyone would lihe to ask. and no representative present raising any question, the #nyor instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the one bid received from Pollard Pools, · Division of Pollard Construction Company. Incorporated, quoting a price of $14,e20 for Fen*ration of walks and curbing only and a price of $20,985 for renovation of the walks, curbing, balustrade and lamp post. On motion of Mr. Garland, seconded by Mr. Wheeler and unanimously adopted. the bid uss referred to a committee composed of Messrs. Walter L. Young, Chairman. Arthur S. Omens and John L. Wentworth for study, report and recommendation to Counci SYREETS AN~ ALLEYS: Council at its last regular meeting having again continued a public hearing on the request of Mrs. Grace W. Taubman that that portion of Floyd Avenue, S. W., east of its intersection with Walton Avenue, be vacated. discontinued and closed, with a vies of the petitioner and representatives of the Jo W. McClaugherty Estate, omner of a tract of land abutting the south side of Floyd Avenue, S. ~., working out a mutually satisfactory solution as to ingress and egress to and from the McClaugherty property, the matter was again before the body. In this connection, Mr. Harvey ~. Lutins, Attorney, representing Mrs. Taubman, appeared before Council and advised that his client is milling to leave a sufficient portion of Floyd Avenue Open for proper ingress and egress to and from the McClaugherty property. Mr. Arthur Taubman, who was present at the meeting, explained that the additional space is needed for maneuvering of vehicles used in connection with the operation of Advance Stores Company, Incorporated. Mr. John D. Cart, Attorney, representing the Heirs of the J. W. McClaugher~ iEstate, appeared before Council and stated that his clients have not had sufficient time to study the compromise. Mr. Carr presented Mr. David Dick, Civil Engineer. who expressed the opinion that it is feasible to open Floyd Avenue to a uidth of at least twenty-five feet, Mr. H. Cletus Broyles, City Engineer, who was present at the meeting, agreeing that the street can be opened, but expressing the opinion that it would be an expensive project. After a lengthy discussion of the matter, ~r. Pollard moved that a committee Of Council be appointed to meet on the site with representatives of the petitioner and the opponents mith a view of working out a mutually satisfactory solution to the situation. The motion Mas seconded by Mr. Wheeler and adopted, Mr. Dillard voting no. Mayor Stollel then appointed Messrs. Walter L. Young, James E. Jones, Robert A. Garland and Roy R. Pollard, Sr., as members of the committee. S~RE~S AND ALLEYS: Council having previously set a public hearing for 2 p.m., October 1, 1952, on the request of the Community Hospital of Roanoke Valley, et,al., that that portion of Elm Avenue, S. E., lying between the easterly side of Jefferson Street nnd the westerly side of a proposed extension of First Street, be permnnently vacated, discontinued end closed, the matter was before the body. In this connection, Mr. W. [. Hazlegrove, Attorney, representing the petitioners, appeared'before Council and presented a report of'viewers previously appointed to view said street, advising that they have viewed the area and are unanimously of the opinion that no inconvenience would result, either to any individual or to the public, from vacating, discontinuing and closing that portion of EIw Avenue in question. Mr. Dillard moved that Council concur in a previous recommendation of the City Planning Commission that the request be granted and that the following Ordinance be placed upon its first reading: (~14951) AN ORDINANCE (1) vacating, discontinuing and closing that poFtioI of Elw Avenue, S. E.. lying between the easterly side of Jefferson Street and the ~esterly side of a proposed extension of First Street, S. E., which is included within the bounds of *Parcel Dm as shown on a certain plat made by the Office of the City Engineer of the City of Roanohe. Virginia, dated August 16. 1962, and designated thereon as Plan No. 4?45; (2) authorizing and directing the City Manager and the City Engineer to proceed with the plans for the construction Of a new Elm ~venue, 5. E., running between the easterly side of Jefferson Street and the westerly side of First Street, S. E., shown on the aforesaid plat as "Elm Avenue (proposed)'; and (3) authorizing and approving the conveyance by the City of Roanoke, Virginia, of all of its right, title and interest in and to that certain tract of land shown as "Parcel B' on the aforesaid plat to Community Hospital of Roanoke Valley, in exchange for the conveyance by Community Hospital of Roanoke Valley to the City of Roanoke, Virginia, of 'Parcel Am shown on the aforesaid plat. WHEREAS, the City Manager of the City of Roanoke, Virginia, in person, and the Citizens Committee for Greater Roanoke, Downtown Roanoke, Inc., and Commnnity Hospital of Roanoke Valley, by counsel, appeared before the Council of the City of Roanoke, Virginia, on September 10, 1962, and presented and filed their written Application and Petition to the Council. in which there was presented to the Council the results of extensive studies and plans made and proposed by the City Manager, in co=operation with the City Planning Engineer and the City Engineer, for proposed changes and alterations of existing streets and the creation of ne~ streets in the City of Roanoke. Virginia, to provide suitable connections with the proposed Interstate Spur Route No. 581 to be constructed through the City of Roanoke. and as a part thereof, presented to the Council a Plat prepared by the Office of the City Engineer designated as Plan No. 4745, which shows, inter alia. the proposed relocation of Elm Avenue. S. E.. between the easterly side Of Jefferson Street and the westerly side of First Street, S. E., designated thereon as 'Elm Avenue (proposed)" and the permanent vacation, discontinuance, and closing of that portion of the present Elm Avenue, $. E.. which lies within the bounds shown thereon as "Parcel H". Further, in.said Application and Petition the.applicants and petitioners did unanimously endorse and recommend tbeproposnls contained .therein and lu furtherance thereof did pray the Council.as follows: :, "A. That the southerly 25 ft. of that portion of present Elm Avenue, S. E., which is included ulthln the bounds of UParcel H', as shown, on Plan No. 4T45. be permanently vacated~ discontinued and closed, effective July 1, 1963, and that all right, title and interest of the CltF of Roanoke, Virginia, thereto be at that time conveyed to Community Hospital of Roanoke Valley. 'fl. That u new Elm Avenue, S. E., extending from the easterly side of Jefferson Street to the westerly side of First Street S. E., located within the metes end bounds shown as ~EIm Avenue (Proposed)" on Plan No. 4745 be constructed, ns soon as the same cnn be reasonably done after final plans and specifications therefor are promulgated by the Engineering Departmental tho CltF of Roanoke, Virginia, acting in co-operation with the State and Federal highmay authorities, and after the appropriation Of monies and the letting of contracts therefor by the Conncil of the City of Roanoke. Virginia, have been completed. (Proposed)'. the remaining portion of the present Elm Avenue, S. E.. which is included-within the bounds of 'Parcel fl*, as shown on Plan No. 4745. be permanently vacated, discontinued and closed and that the City of Roanoke, Virginia, do then convey to Community Hospital of Roanoke Valley all of its remaining right. title and interest in and to the tract of land shown as *Parcel B* on Plan No. 4745 in exchange and in consideration for the conveyance by Community Hospital of Roanoke Valley Of the title to the tract of land shown as *Parcel A' on Plan No. 4745 to the City of Roanoke. Virginia. In consideration of the agreement and obligation by the City Of Roanoke to make the aforesaid conveyances to Community Hospital of Roanoke Valley at the times and upon the conditions aforesaid. Community Hospital of Roanoke Valley shall convey to the City of Roano~ *Parcel whenever reques~d sot* do by the City Manager. 'D. That pursuant to the provisions of §15-766 of the Code of Virginia of 1950. as amended, Council now appoint five viewers to view the portion of the present Flm Avenue, S. which lies within the boundaries of 'Parcel B* as shown on Plan No. 4745. and report in writing whether in their opinion,,any and if any, what, inconvenience would result from discontinuing NHEREAS, notice of the Application and Petition that the aforesaid portion of Elm Ave,nun, S. E., be permanently vacated, discontinued and closed, in the manner and at the times above described, was duly posted as provided by law; and WHEREAS. the Council of the City of Roanoke, Virginia, on the lOth day of September, 1962, adopted Resolution No. 14931, appointing Messrs. Richard R. Quick, Co P. Kefauver, John W. Boswell, Aylett B. Coleman and Roy L. Mastin, Jr.. as vieuers to view the aforesaid portion of Elm Avenue, $. E., and report in writing pursuant to the provisions of ~15-766 of the Code of Virginia of 1950, as amended. whether in their opinion, any and if any. what, inconvenience would result from discontinuing the same in the manner and at the times above described; and WHEREAS. said viewers did visit and view the aforesaid portion of Elm Avenue, S. E.. arid the adjacent neighborhood and did report in writing that in their opinio no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing said portion of Elm Avenue. S. E., in the manner and at the times above described; and RHEREAS, the proposed project described in the aforesaid Application and Petition and the specific matters contained in the prayer thereof, including the permanent vacating, discontinuing and closing Of the aforesaid portion of Elm Avenue, S. E,o in the meaner and at the times above described, have been referred to the Planniog Commission of the City of Roanoke, Virginia, and bare been approved by that Commission; and · HEREAS, a public hearing on that portion of the aforesaid Application and Petition, mhich pertains to the permanent vacating, discontinuing, and closing of the aforesaid portion of Els Avenue, S. E.. was held after a notice thereof mas duly advertised in The Roanoke ~orld-Neus on September 14, 1062, advising the public of the said public hearing before this Council on October 1, 1962, at p.m., or as soon thereafter as the matter night he heard, at which meeting there mas expressed no obJection or opposition to vacating, discontinuing and closing said portion of Elm Avenue, S. E.. in the manner and at the tines above described; and ~HEREAS, in the opinion of this Council, it mill be beneficial and to the best interests of the public that the matters and things set forth in the prayer of the aforesaid Application and Petition be approved, effected and accomplished by this Council. TIIEREFORE, B£ IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: (1) That the southerly 25 ft. of that portion of the present Elm Avenue, $. E., which is included within the bounds of *Parcel B*. as shown on Plan Ho. 4745, be and the same is hereby permanently vacated, discontinued and closed, effective July 1, 1953, and all right, title and interest of the public in and to the same be and they are hereby released insofar as thecouncil is enpoaered so to do, effective as aforesaid. There is expressly reserved, however, in said portion of Elm Avenue, $. E., the right of way and easement of Roanoke Gas Company in connection with its existin9 gas line located therein. (2) That the proper officials of the City of Roanoke, Virginia, he and they are hereby authorized and directed to execute and deliver an appropriate deed conveying all right, title and interest of the City of Roanoke, Virginia, in and to the aforesaid vacated portion of Elm Avenue, $. E., to Community Hospital of Roanoke Valley immediately upon receipt by them of an appropriate deed from Community Hospital of Roanoke Valley conveying *Parcel A' as shown on Plan 4745 to the City of Roanoke. Virginia. (3) That the construction of a new ~lm Avenue. $. E., extending from the easterly side of Jefferson Street to the westerly side of First Street, S. located within the bounds shown as "Elm Avenue (proposed)' on 'Plan No. 4745, be and the same is hereby approved; and the City Manager and the City Engineer are hereby directed to proceed forthwith, in co-operation with the State and Federal highway authorities, to promulgate final plans and specifications therefor. (4) That the remaining portion of the present Elm Avenue, S. £., which is included within the bounds of 'Parcel 8' as shown on Plan No. 4745, be and the same is hereby permanently vacated, discontinued and closed, effective upon the completio of the construction Of *Elm Avenue (proposed)* and all right, title, and interest of the public ia nad to the same be and they ute hereby released insofar ua the Council Is empowered aa to do, effective us aforesaid, There is expressly reserved. however, an easement and right of Way for the existing water nad sewer lines and storm drain which lie therein and for the maintenance, repair and replacement of the same. 5. That the proper officials of the City of Roanoke. Virginia, be and they are hereby authorized and directed to execute and deliver an appropriate deed con- · eying all remaining right, title and Interest of the City of Roanoke. Virginia, in and to the tract of land shown as *Parcel D* On Plan No. 4745° to Community Hospital of Roanoke Valley Immediately upon thc completion of the cons*ruction of *Elm Avenue (proposed)W. 6. That the City of Roanoke, Virginia, hereby contracts and obligates itself to convey all of its right, title and interest in and to *Parcel O" as shown on Plan No. 4745, to Community Hospital Of Roanoke Valley, at the times and in the manner hereinabove described, in consideration and exchange for the conveyance by Community Hospital of Roanoke Valley of WParcel A#, as shown on Plan No. 4745. to the City of Roanoke, Virginia, also at the times and in the manner hereinabove described. bE 1T FURTHER ORDAINED that the City Engineer be and he is hereby directed to mark *Permanently Vacated, Discontinued and Closed# those portions of Elm Avenue, S. E.. included within the bounds of 'Parcel B" as shown on Plan No. 4745, on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which the same are shown, as and when the vacation, discontinuance and closing of the same become effective, and shall refer thereon to the bock and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones, Pollard, ~heeler, Young and Mayor Stoller ................................. 7. NAYS: None ...................O. POLICE DEPARTMENT: dr. Arthur B. Crush, Jr., President, Fraternal Order of Police Associates, appeared before Council and requested that the Police Depart- ment be placed on a forty-hour work week, Mr. Crush pointing out that the policemen now ~ork approximately forty-six hours a week and that they would prefer a forty-hour week to an increase in pay, it being his opinion that to put the Police Department on a forty-hour work week would cost between $50.000 and $75,000 a year. After a discussion of the matter, Mr. Young moved that the request he referred to the Budget Commission for its consideration, The motion was seconded by Mr. Garland and unanimously adopted. COUNCIL: Hr. John R. HacEenzie, President, Roanoke United Central Labor Council, AFL-CIO, appeared before Council and requested that the body hold some or all of its meetings at night, Mr. ~acKenzie voicing the opinion that night meetings mould allou for much greater citizen participotion in their government and its every- day affairs, that there mould be heightened citizen interest in municipal government and its problems, and that there mould be better citizen understanding of complex anniclpal problems. After a discussion o~ the matter. Mr. Jones moved that Council hold its regular meekly meetings at 7:30 p.m.. during the month of January. 1963, on n trial basis, and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones and Mayor St*lief ............... 4. NAYS: Messrs. Pollard. MAe,let and Young .............................. 3. PETITIONS AND COMMUNICATIONS: LICENSES: A communication from Mr. Victor A. Heiner. President. Roanoke ~erchaflts Association. requesting a substantial reduction in business and occupationa license taxes, effective January 1. 1963. was before Council. In this connection, Mr. Ileiner and Mr. E. C. Mo,maw. Executive Vice President of the Roanoke Merchants Association, appeared before Council and urged that immediate action be taken on the request of the Roanoke Merchants Association. Mr. Jones moved that the request be referred to the committee appointed to study the entire tax structure of the city. The motion was seconded by gr. Garland and unanimously adopted. ZONING: k communication from Mrs. George M. II*lc,mb. Sr., requesting that :property located on the north side of Memorial Avenue, S. W., west of Roanoke Avenue, !described as Lots 12, 13 and 14, Block 2. Virginia Heights, Official Tax No. 1322709. ibe fez*ned from Special Residence District to Business District. was before Council. On motion of Mr. Pollard. seconded by Mr. Rheeler and unanimously adopted. the request was referred to the City Planning Commission for study, report and recommendation to Council. FIRE PROTECTION-WATER DEPARTMENT: A communicationfro~ Mr. H. B. Wade, Jr. District Engineer for the Office of the State Fire Marshal, requesting that charges made by the Nater Department in connection ~ith the installation and operation of automatic sprinkler systems on private property be reduced, was before Council. In this connection, Mr. Nade appeared before Council and outlined reasons for his request. On motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted, the request Has referred to the City Man*get for study, report and recommendation to Council. LICENSES: A communication from Lieutenant William M. Cool*ri, Adjutant. U. S. Army Recruiting Main Station. requesting that the city exempt non-resident military personnel stationed in Roanoke from the purchase of city automobile tags. was before Council. On motion of ~r. Dillard. seconded by Mr. Pollard and unanimously adopted. the request was denied. REPORTS OF OFFICERS: BGDGET-DEPARTMENT OF PUBLIC MELFARE:, The City Manager submitted a written report, recommending that $600 be appropriated to Medical Exnmlaatiopn, AG P. T. D., and that $5,000 be appropriated to Emergency Relief under Section #52, *Public Assistance** of the 1962 budget. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (~14952) AN ORDINANCE to amend and reordain Section z52, *Public Assistanct of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25. page 4TS.) Mr. Garland moved the adoption Of the OrdJoaoce. The motion was Seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones. Pollard, Wheeler. Young and Mayor Stoller .................................. NAYS: None .................... O. BUDGET-FIRE DEPARTMENT: The City Manager submitted a wrltten report. recommending that $2.000 be transferred from Supplies to Repairs to Buildings under Section #62, *Fire Department,~ of the 1962 budget, due to urgently needed roof repairs to two of the fire stations. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#14953) AN ORDINANCE to amend and reordain Section #62. #Fire Department' of the 1962 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 476.) Mr. Garland moved the adoption of the Ordinance, The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor 3toiler ................................. NAYS: None ................... O. BUDGET-TRAFFIC-MUNICIPAL COURT: The City Manager submitted a written report, advising that it will be necessary to appropriate $450 for blood tests in connection with the Implied Consent Law, most of which amount will be recovered lares through court costs against each defendant ~ho is found guilty of driving under the influence, and recommended that the appropriation be made. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#14954) AN ORDINANCE to amend and reordain Section #24, *Municipal Court~ of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .... ~ ............................ NAYS: None ................... O. HBDGET-MATER DEPARTMENT: The City Manager submitted a written report, recommending that $3S,000 be appropriated to Capital Outlay from Revenue under *NonoOperatieg Expense# of the 1962 Mater Department budget, covering normal operations for the balance of the year, Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~i4955) AN ORDINANCE to amend and reordain #Non-Operating Expense" of the 1962 Mater Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 25, page 4??°) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Oillard, Garlando Jones, Pollard, Mheeler, Young and Mayor 5toller .................................. ?. NAYS: None ....................O. BUDGET-CITY AUDITOR: The City Manager submitted a written report, recommen lng that $1,000 be appropriated to Stationery and Office Supplies; $220 to Salary, Extra Employees; and $100 to Travel Expense under Section ~10, "Auditor", of the 1962 budget. Mr. Garland moved that Council concur in the recommendation of the City Managed'and offered the following emergency Ordinance: ' (~14956) AN ORDINANCE to amend and reordain Section ~i0. "Auditor." of the 1962 Appropriation Ordinance; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 477.) Mr. Garland moved the adoption of the Ordinance. The notion was seconded by Mr. Nheeler and adopted by the following rote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Nheeler, Young and Mayor St,lief ................................. NAYS: None ...................O. ST£EET LIGHTS: The City Manager submitted a written report, recommending the installation of street lights at various locations in the city. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the follo~ing Resolution: (314957) 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 470.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Y,un9 and Mayor Stoller ................................. NAYS: None ...................O. LIBRARIES: Council having previously authorized the City Manager to enter into an agreement with American Lending Library, Incorporated, providing for the rental of certain books for use In the main and branch libraries of the City of Roanoke for n period of six months, the City #meager submitted a written report, recommending that the contract be renamed for consecutive periods of six months, wltl a thirty-day cancellation clause. Mr. Young moved that Council cancer in the recommendation of the City Manager and offered the following Resolution: (w14958) A RESOLUTION authorizing the City Manager to enter into an agreement with American Lending Library, Incorporated, providing for the City*s rental of certain books for use in its main and branch libraries, upon certain terms and provisions. (For full text of Resolution, see Resolution Book No. 25, page 479.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and ~ayor Stoiler-- ...................................... NAYS: Mr. Dillard .......... 1. DELINOUEW? TAXES: The City Manager submitted a written report, requesting that Council adopt a Resolution authorizing suits to be instituted for the collectior of delinquent taxes against two pieces of property. Mr. Garland moved that Council concur in the request of the City ManaRer and offered the following Resolution: ({14959) A RESOLBTIO~ authorizing acd directing the City Attorney to suits in equity to be instituted and conducted for the purpose of enforcing the City' lien for delinquent taxes and other assessments against cevtain properties standing in the name of the respective record owners thereof. (For full text of Resolution, see Resolution Book No. 25, page 479.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote; AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ................................. 7. NAYS: None ...................O. PAY PLAN: The City Manager submitted his annual report on the adequacy of the Pay Plan and recommended that the plan be amended to provide that the period for reaching maximum pay be reduced from ten years to six years and that an outside study and appraisal be made of said plan. In a discussion of the matter, Mr. Jones stated that a number of tnequitie in the Pay Plan have been called to his attention and moved that a committee of Council be appointed to study and appraise the Pay Plan as to inequities, and that the committee also give consideration to establishing a Pevsonnel Department in the City of Roanoke, appointing a Review Committee to hear and rule on legitimate grievances presented to it by an employee or employees of the City of Roanoke, and developing a qualification-seniority plan for filling vacancies which result from time to time in the various deportments'of the city 9overneeat, and that the committee determine whether or not tbe present retirement plnn for classified personnel and/or midoms is adequate to meet present-day living costs. The motion mas seconded by Mr. Garland. Hr. Young pointed cut that there is a group of personnel experts in the Reanohe area knoma as the Personnel Association of Roanoke and that he feels this group could study and appraise the Pay Plan more objectively than a committee of Council, Mr. Young offering an amendment to the notion of Mr. Jones providing for the study and appraisal of the Pay Plan to be node by the Personnel Association of Roanoke rather than a committee Of Council. The notion was seconded by Mr. Mheeler and unanimously adopted. The motion, as amended, was then unanimously adopted. EASEMENTS-APPALACHIAN POMER COMPANY-AIRPORT: Council having previously axarded a contract to Cross Electric Company for the constru:tion of a 12,000-volt connercial electrical service for Roanoke Municipal iMoodrun) Airport, the City Manager submitted a written report that the Appalachian Poaer Company has requested an easement over city property to provide for this necessary line and recommended that the request be granted. Mr. Young moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (#14960) AN ORDINANCE authorizing and directing the proper City Officials to execute and deliver a deed of easement to the Appalachian Power Company. MHEREAS. this Council. under date of August 27. 1962. adopted emergency Ordinance No. 14917. authorizing the construction of 12.000 volt commercial electric: service for Roanoke ~unicipal (Moodrum) Airport; and MHEREAS, the Appalachian Power Company has requested that the City execute and deliver, the easement herein authorized in order that it may make available the requisite electrical service necessary for the above-mentioned construction, in which request the City Manager 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 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 construct, erect, operate and maintain a line or lines for the purpose of trans- mitting electric or other power thereover, said right of may being situate in the County of Roanoke and shown in red on sketch entitled. WAppalachian Power ~ompany, Roanoke, Va** Proposed 12 KV Lice to Roanoke Municipal Airport, Date: 0-7-62. DMG. NO, L. ~ P.II07#, to be attached to and made a part of the easement, for the nominal consideration of $1.00 and after the form of such indenture shall have been approved by the city Attorney. 'ii ,'.12 The motion mas seconded by Mr. Wheeler nnd adopted by the following vote: AYES: Messrs. Olllerd, Garland, ~ollnrdo Wheeler, Young and Mayor Stoller-- NAYS: None ...................O. (Mr. Jones not voting) SEdERS AND STORM DRAINS: Council having previously adopted a Resolution authorizing and directing the City Manager to make application for Federal funds to partially defray the cost of constructing a sanitary interceptor sewer line running from the Feracliff Avenue pumping station in a southeasterly direction generally ~ollowlng Lich Run. a distance Of approximately 9.no0 feet. and connecting with an existing gravity flow city sewer line near the western terminus of Alview Avenue, N. ~., the City Reneger submitted a written report, advising that on May 9. 1962. he made application in the amount of $18,000 and that the application has been rejected. On motion of Mr. Garland, seconded by Hr. Jonesand unanimously adopted, the report was ordered filed. CITY ACDITOR: The city Auditor submitted a monthly statement of the receipts and disbursements of the City of Roanohe for the fiscal period commencing August 1, 1962. and ended August $1. 1962. On motion of Mr. ~heeler. seconded by Mr. Young and unanimously adopted, the report was ordered filed. STREETS AND ALLEYS: Council having previously referred to the City Planning Commission for study, report and recommendation a request of Johnson- Carper Furniture Company, Incorporated, that all of Riley Boulevard, N. E.. and a portion of Daleton Street, N. E.. be permanently vacated, discontinued and closed the City Planning Commission submitted its report, recommending that the request be granted. In this connection, the City Clerk presented a report of the viewers previously appointed to view the streets, advising that after having viewed the streets in question they are unanimously of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing same. Mr. Young moved that a public hearing on the matter be held at 2 p.m., October 29, 1962. The motion was seconded by RFo Wheeler and unanimously adopted. REPORTS OF COMMITTEES: TRAFFIC: Council having previously accepted the offer of Liberty Sales Corporation to install the Traf-O-Terla fine box system in the City of Roanoke on a trial basis and having directed a committee composed of Messrs. Denton O. Dillard, Chairman, Roy R. Pollard, Sr., and Vincent S. ~heeler, previously appointed to study the matter, toreport bach to Council before the expiration of the trial period, the committee submitted n written report* advising that the use of the tystem has resulted in reduction of administrative work in handling traffic viola- tions both in the Municipal Court and the Police Department, releasing time of personnel for other law enforcement activities, and has afforded much convenience to the public in payment of, traffic violation finesb,and that said system is partially responsible for aa increase of fine collections from this source, the committee recommending that the system be retained and that $764.3S be appropriated for 25,000 traffic tickets and $691.70 be appropriated for 30 collection boxes. Hr. Garland moved that Council concur in the recommendation of the committee and offered the folloMJn9 emergency Ordinance: (#14961) AN ORDINANCE to amend and reordain Section u60. "Police Department°# of the 1962 Appropriation Ordinance. and providing for an emergency (For full text of Ordinance. see Ordinance Book So. 2S. Page 4BO.) Br. Garland moved the adoption of the Ordinance. The motion Mas seconded by Mr. Pollard and adopted by the folloMing vote: AYES: Messrs. Dillard. Garland. Jones, ~ollard, bheeler, Youn9 and Mayor Stoller ................................. ?. NAYS: None ...................O. PLUMBING COOE: Council having previously referred to a committee composed of Messrs. J. O. Reddle, Sr., Chairman, R. T. Pittman and O. W. Simpson for study, report and recommendation a request of Mr. AndreM Borthland, President, Compotite Shower Pan, Incorporated, that Section 130, Article II, Chapter 3, Title IV, of The Code of the City of Roanoke. 1956. requirin9 that sho~er compartments shall have a lead or copper shower pan, be amended to permit an alternate material when approved by administrative authority, the committee submitted a written report, recommending that the request be granted under the following conditions: 1. Materials shall have been tested by and approved by a national recognized testing laboratory and/or a Federal or State agency. 2.In cold Heather the material shall be heated to not less than 50° F. before bending or forming. Installations shall be limited to a size using a single sheet Mithout splicing. Mr. Young moved that Council concur in the recommendations of the committee and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Wheeler 'and unanimously adopted. WATER DEPARTMENT-INDUSTRIES: Council having previously referred to a committee composed of Messrs. James E. Jones, chairman, Raymond E. Pillow and Arthur S. Owens for tabulation and report bids received for the installation of Mater mains to the Roanoke Industrial Center, the committee submitted the following report: "Roanoke. Virginia October 1. 1962 To the City Council Roanoke, Virginia Members of Council: At our regular meeting on Monday, September 10. 1952. you opened bids for the installation of water mains to the ~oanoke Industrial Center {formerly American Viscose property). Three companies submitted bids, mhich are as folloMs: Gimbert and Gimbert, Incorporated $6,185.50 Corer Construction Company. Incorporated ?,250.?0 Hudgins and Pace ?,495.00 When the committee met, Mr. James E. Jones, Chairman of the Committee. felt that we should get a price from the low bidder for the installation of a 12-inch pipe rather than a G-inch. le ire attaching to our report aslgand~proposal from Kr. Bo I. Gimbert, President of Glmbert and Giwbert, slgnltyln~ their willingness to construct the alternnte at & cost of )8235.50. On Hatch 26, 1962, by Ordinance No. 14751, you appropriated $8416 for this and other work. If this amnrd is made, and me recommend it, then me would like to bring to Council's attention the fact that at some subsequent date an additional $3000 will be needed for further refinements and improvements. Respectfully sobmltted, $1 James £. Jones James E. Jones, Chairman S/ Raymond E. Pillom Raymond E. pillou S/ Arthur S. Ouens Arthur S. Owens* Mr. Pollard moved that Council concur in the recommendation of the committee and offered the following Resolution: (~14q62) A RESOLUTION providing for the construction of certain neu public water distribution mains to supply the Roanoke Industrial Center. (For full text of Resolution, see Resolution Book No. 25, page 480.) Mr. Pollard moved the adoption of the Resolution. The motion was seconde~ by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones. Pollard, Wheeler, Young and Mayor Stoller ................................. 7. FIRE DEPARTNENT: Council having previously referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Arthur S. Owens and Sidney W. Yaughan bids received on one new standard commercial truck chassis with conventional cab, equipped with new 750 GPM triple combination fire pumper and body, for tabulation and report, the committee submitted a written report, recommending that the bid of Oran Roanoke Corporation, in the amount of $15,692.2g for the V-lq6 International chassis, which is the low bid. be accepted. Mr. ~heeler moved that Council concur in the recommendation of the committee and offered the following Resolution: (m14963) A RESOLUTION accepting the bid of Oran Roanoke Corporation for the furnishing of one new standard commercial truck chassis with conventional cab, equipped with new ?50 GPM triple combination fire pumper and body, for use in the City*s Fire Department; authorizing the execution of a contract for the purchase thereof; and rejecting all other bids. (For full text of Resolution, see Resolution book No. 25, page 402.) Mr. ~heeler moved the adoption of the Resolution. The notion was seconde~ by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, ~heeler, Young and Mayor St,lief ................................. NAYS: None ...................O. (I UNFINISHED BUSINESS; REFUNDS AND REBATES-SEWERS AND STORM BRAINS: Council having previously directed the City Attorney to prepare the proper measure providing for a refund of ;100.79 to Mr. Robert C. Atkinson, representing sewage treatment charges paid by him, and the City Attorney having subsequently rendered an opinion that anyone who voluntarily pays money with a full knowledge of mil the facts and circumstances,but under a mistake as to the law, cannot recover it, and action On the matter having been deferred in order that Mr. Atkinson might appear before the body, the matter was again before Council. Mr. Athinson appeared before Council and contended that he is entitled to the refund since he did not know he was exempt from the sewage treatment charge until he recently applied for a permit to connect to the city sewer line. In a discussion of the matter, the City Attorney pointing out that if this refund is granted there will be a great number of similar cases, Mr. Dillard expressed the opinion that the case of Mr. Atkinson is different because he paid hisproportionate part of the cost of constructing the sewer line in front of his property at the time it was installed and offered the following Resolution: *A RESOLUTION directing a sewage treatment charge refund to Robert C. Atkinson. MBEREAS, Robert C. Atkinson of 2923 Corbteshaw Road. S. M., under date of July 26. 1962, addressed a letter to this Council, which is on file in the office of the City Clerk, requesting a refund of the required $50.00 connection fee. previously paid the City, for connecting his aforesaid residence to the City*s sanitary sewer system and. also, a refund of the 40 per cent of his water bill, from July 1, 1952, to June mO, 1962, which constitutes the regular sewage treatment charge assessed and paid and which he states amounts to $108.79; and NHEREAS, the aforesaid Robert C. Atkinson personally appeared before this Council at its last meeting in support of his aforesaid requested refunds; and NHEREAS. this Council is of the opinion that his request for the , $50.00 connection charge should be denied but concurs in his request that said sewage treatment charge refund be granted. THEREFOgE, BE IT RESOLVEO by the Council of the City of Roanoke that, the, City,Auditor be, and he is hereby, directed to issue a warrant in favor of Robert C. Atkinson in the amount of $100.79. in refund of the 40 per cent of his water bill, from July 1, 1952, assessed against him and paid." Mr. Dillard muted the adoption of the Resolution. The motion was seconded by Mr. Young and lost by the following vote: AYES: Messrs. Dillard, Pollard and Young ....................... 3. NAYS: Messrs. Garland, Jones, Wheeler and Mayor Stoller .........4. CONSIDERATION OF CLAIMS:, NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 14939, vacating, discontinuing and closing that portion of a 20-foot alley running north and south between Railroad Avenue and Russell Avenue, S. R., to its.intersection with an alley running east and west between Bridge Street and Warwick Street, S. W., baying 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: (~1493g) AN ORDINANCE vacating, discontinuing andcloslug · certain alley located north of Lot I and east of Lots I to 10,' lnclusiveo Block 2, as shown on Nap of Section No. 3, Roanoke Development Company, recorded in Plat Book 1, page 61, in the Clerk's Office ~f the Circuit Court for the County of Roanoke. Virginia. which property is presently located in the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 25, page 473.l Hr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Ressrs. Dillard, Garland, Jones, Pollard, Yheeler, Young and Mayor 5toller ................................. 7. NAYS: None ...................O. SALE OF PROPERTY-SCBOOLS-STATE HIGBWAYS: Ordinance No. 14950. providing for the sale of 4.09 acres of the datts land to the Commonwealth of Virginia for a consideration of $12,56D in connection with Interstate Route 581, having previously been before Council for its first reading, read and laid over, was again before the body, Rt. Young offering the following for its second reading and final adoptio! (~14950) AN ORDINANCE authorizing the proper CitI Officials to sell approximately 4.09 acres of the land previously acquired bi the City from the Harts Estate, for school purposes, to the Commonwealth of Virginia for highway purposes. (For full text of Ordinance, see Ordinance Book No. 25, page 4?5.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, tollard, Wheeler, Young and Mayor 5toiler ................................. NAYS: None ...................O. STADIUM: Council having previously directed the City Attorney to prepare the proper measure providing for certain improvements at Victory Stadium as requeste by the Town and Country Garden Club, he presented same; whereupon, Mr. Garland offered the following Resolution: SA RESOLUTION authorizing that sidewalk, curbing and gutter be installed in the immediate vicinity of Victory Stadium; that the river bank in the vicinity be cleared; and that certain planting be provided for the beautification of the area. RHEREAS, the Town and Country Garden Club, by letter dated September 13, lqb2, requested the adoption of this resolution, in which request this Council concurs, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Department of Public Rorks be, and said department is hereby, authorized and directed to install sidewalk, curbing and gutter in the immediate vicinity at Victory Stadium and that the Department of Parks and Recreation be, and said department is hereby, directed to clear the river bank and, also, to do the planting with the vines, shrubs and trees to be furnished by the Yawn and Country Garden Club; all in accordance with the provisions of a letter addressed to this Council nnder date of September 13, 1962, over the signature of Mesdames Myron E. Henderson and E. Paul Hayes, President and Landscape Chairman. respectively, of Town and Country Garden Club, mhich said letter is on file in the office Of the City Clerk.# Hr. Garland moved the udoptionof the Resolution. The motion uas seconded by Mr. Pollard and adopted by the following vote: AYES: Messes, Dillard,' Garland. Pollard. Young and Mayor Stoller NAYS: Messrs. Jones and Mheeler ........................................ In this connection, the City Auditor advised that it uill be necessary to transfer $4,500 from Contractors under Section mi40, 'Street Construction,' to the Stadiun and Athletic Field account under Section m144, 'Departmental Equipment and Improvements.# of the 1962 budget, to Cover the cost of the sidewalk, curb and gutter, and 'to transfer $S00 from Trees, Shrubs. and Flowers under Section mill. #Parks and Recreational Areas,' and appropriate $500 for a water fountain and pipe lines and msterials and supplies under Section ~112, "Stadium and Athletic Field,# of the 1962 budget. Council having been given to understand that the cost of the over-ali project would be $1,000, Mr. Dillard moved that the Resolution be reconsidered. The motion was seconded by Mr. Pollard and unanimoudy adopted. Upon roll call, the Resolution was lost by the f. Il,win9 vote: AYES: None ...........................O. NAYS: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ................................. ?. SEMERS Ah~ STORM DRAINS: Mr. Young offered the following Resolution waiving sewerage connection and inspection charges against certain homes situated on Belle Avenue in Roanoke County: (~14964) A RESOLUTION ~aivin9 sewerage connection and insepctiofl charges provided by ordinance against certain homes situated on Belle Avenue in Roanoke County. (For full text of Resolution, see Resolution Book No. 25, page 403.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Rheeler, Youn9 and Bayor Stoller .................................. 7. NAYS: None ....................O. FUEL OIL: Mr. Young offered the following Resolution advocating the enactment of appropriate Federal legislation limiting the importation of foreign residual fuel oil: (m14965) A RESOLUTION advocating the enactment of appropriate Federal legislation limiting the importation of foreign residual fuel oil. (For full text of Resolution, see Resolution Book No. 25, page 403.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor St,lief-- NAYS: Mr. Dillard ...................I. MOTIONS AND MISCELLANEOUS EUSINESS: QUALIFICATION OF OFFICERS: The City Clerk reported the qualification 0f Mr. S. M~ Hudson es a member Of the Board of Trustees of the Employees* Retirement System; Messrs. J. P. cruickshank and Roy L. ~ebber as members of the Roanoke City School Hoard; Mrs. Augusta S. Edwards, ~r. E. D. Downing and Mr. C. Francis Cocke as members of the Roanoke tubllc Library Board; Messrs. Milliam Po Hooker and S. Lemis Lionberger ns Commissioners of the Redevelopment and Housing Authority; Mr. Stuart A. Darbour, Sr., os a member of the Board of Appeal, Building Code; Miss Virginia L. Shaw as City Clerh; Mr. J. Robert Thomas us City Auditor; Mr. Randolpb G. HhJttle as City Attorney; Judge Beverly T. Fitzpatrick as Chief Judge, Municipal Court; Judge George B. Dillard as Judge, Municipal Court; and Judge Robert M. Spessard as Substitute Judge, Municipal Court. On motion of Mr. Dillard, seconded by Mr. ~heeler and onanimously adopted, the report was ordered filed. On motion of Hr. Jones, seconded by Mr. Dillard and unanimously adopted, the meetin9 was adjourned. APPROVED ATTEST: ri COUNCIL, REGULAR MEETING, Monday, October 8, 1962. The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Building, Monday, October 8, 1962,.nt 2 p,m,, the regular meeting hour, with Mayor Stoller presiding. .. · PRE~ENT: Messrs, Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ..................................... ABSENT: None ........................... OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph Whittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayerby the Reverend Tommy.D. Toms, Pastor, Turner Memorial Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, October 1. 1962,.having been furnished each member of Council, on motion of Mr. Garland, seconded by Mr. Wheeler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council having previously set a public hearing for 2 p.m., October §, 1962, on the request of Mr. William Ratts that property located on the north side of Brambleton Avenue. S. M., east of Red Rock Road, described as Lot 16 and a portion of Lot 17, Block 5, Evergreen Development Company Map, Official Tax Nos. 1650519 and 1650520, be resumed from General Residence District to Business District, the matter was before the body. In this connection, Mr. T. Lo Plunkett, Jr** Attorney, representing the petitioner, appeared before Council and outlined the reasons for the request for rezoning. All parties in interest and citizens having been given an opportunity to be heard on the question, and no one appearing in opposition to the proposed rezoning, Mr. Pollard moved that Council concur in a previous recommendation of the City Planning Commission that the request for rezoning be granted and that the following Ordinance be placed upon its first reading: (=14966) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section of The Code of the City of Roanoke, 1955, in relation to Zoning. WHERFAS, application has been made to the Council of the City of Roanoke to have that property located on the north side of Brambleton Avenue, S. W., east of Red Rock Road, described us Lot 16 and a portion of Lot 17, Block 5, Evergreen Development Company Map, Official Tax Nos. 1650519 and 1650520, rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described laud be rezoned from General Residence District to Business District; and 20 ~HEREA5, notice required by Title X¥, Chapter 4, Section 43, of Tho Code of the City of Roanoke, 1956, relating to Zoning, has been published in UThe Roanoke Morld-News,' a newspaper published In the City of Roanoke, for the time required by ~aid section; and ~RER£A$, the hearing as provided, for in said notice was held on the Otb day of October, 1962, at 2 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 rezoning; end MHEREAS. this Council. after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned, THEREFORE. B£ IT ORDAINED.by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1, of Yhe Code Of the City of Roanoke, 1955, relating to Zoning, be amended and reenacted in the following particular and no other, viz.; Property located on the north side of Brambleton Avenue, S. N., east of Red Rock Road, described as Lot 16 and a portion of Lot iT, Block $,Evergreen Development Company Map, designated on Sheet 165 of the Zoning Map as Official Tax Nos. 1650519 and 1650520, be, and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. Yhe motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrso Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ............... T ........................ 7. NAYS: None .......................... O. TRAFFIC: Mr. S. D. Fralin, representing the Mount Pleasant Civic Club, appeared before Council and requested that the brush and trees on both sides of Mount Pleasant Boulevard, $. E., and Bandy Road, $. E**be cut back; that drains be installed in the 2200 and 230D blocks of Mount Pleasant Boulevard; that the wooden bridge on Bandy Road be repaired; and that a guard rail be installed on the curve on the north side Of the 2200 block of Mount Pleasant Boulevard, in order to relieve a traffic hazard in bad weather. On motion of Mr. Wheeler, seconded by Mr. Young and unanimously adopted, the request was referred to the City Manager for study and report to Council. TRAFFIC: Council on June 5, 1962, having held a public hearing on the report of the Virginia Department of Highways on the traffic and parking survey made for the City of Roanoke, and it having been suggested at that time that city officials and other interested groups get together and try to work Out some plan that would be reasoqably acceptable to all concerned, and the City Manager having submitted a revised traffic plan for the downtosn business area to Council at its regular meeting on August 13, 1962, ~ith the suggestion that the proposal be experimented ~ith for approximately six months, and Council having deferred action on the proposed revised traffic plan until the present meeting, in order that it might be given further study by all concerned, a delegation of representatives of Downtown Roanoke, Incorporated, the Roanoke Chamber of Commerce and the Roanoke Merchants Association appeared before the body in connection ~ith the matter, Hr, James Lo Trinkle, President, Downtown Ronnoke, Iocorporoted, advised that after a great deal of study, discussion and.consideration of the proposed plan by committees and individuals the Board or Directors of Do,mt*mn Roanoke, Incor- porated, recommends that there be no change in the traffic flow pattern of downtown Roanoke at this time; that a committee composed of representatives of the city, the Chamber of Commerce, tbs Roanoke Merchants Association and Downtown Roanoke. Incorporated. be appointed to determine the location end type of vehicular perking. stopping, standing, loading, etc.; and that the foil*ming things he done to insure a smoother flom Of traffic: I. BlimJnate loading zone in front of Carlton Terrace building. 2. Do not permit parking, stopping, standing or loading on North side of Franklin Rood at intersection with Jefferson Street to alley some 100 feet from intersection, 3, Do not permit parking, stopping, standing or loodin9 on either side of Nest Kirk Avenue from the intersection with Jefferson Street to end of the American Theater building. 4. Change present loading zone on west side of Jefferson between Kirk and Campbell to a restricted loading zone which prohibits the use of such loading space for auto- mobile parking. 5. Do not permit parking, stopping, standing or loading on the South side of Nest Kirk Avenue between First Street, S. and Second Street, S, W. In a further discussion of the matter, Mr. Trlnkle pointed out that there are numerous projects under way or contemplated which affect traffic movement in and through the central husioess district, most of which were not contemplated at the time the traffic and parkin9 survey was made, some of the projects being the feasibility survey of the central business area, the location of the new Community Ilospital in downtown Roanoke, the new bridge at Elm Avenue and the 581Spur into downtown Roanoke, and that because of these Projects. any one of which could materially affect the flow of traffic into and through the central business district it would be. in the opinion of Downtown Roanoke, Incorporated, unwise at this time to change the traffic pattern when, in all likelihood, changes will again be recommended within the next two or three years. Mr. John J. Butler, Vice President of the Roanoke Merchants Association, advised that the Merchants Association endorses the recommendations submitted by Downtown Roanoke. Incorporated. Mr. James N. Elliott, Chairman of the Roads and Traffic Committee of the Roanoke Chamber of Commerce, and Mr. Jack M, Goodykoontz. Manager of the Business Service Department of the Roanoke Chamber of Commerce, advised that the Roads and Traffic Committee substantially endorses the recommendations made by Downtown Roanoke, Incorporated, and that it also recommends that the city establish necessary definitions of use of loading zones, that it consider installation of tandem parking, and that it take immediate steps to improve the enforcement of traffic and parking laws. Hr. Richard F. Pence. Attorney. representin9 merchants in the 300 and 400 blocks of Campbell Avenue, S. W., advised that his clients are opposed to making iCampbell Avenue one-way to Fifth Street, S. W. Mr. J. D. Sick. Superintendent of Traffic Engineering tod Communications. stated that Roanoke is still growing downtown and that if the city is going to keep on moving more traffic it is going to hare. to hare the efficiency of the one-way street system to do it and that he does not think it ndvisuble to defer au increase in the one-way street system. The matter baying been discussed at length, Mr, Pollard stated that even if the revised traffic plan were acceptable he feels that full is the wrong time of the year to put such a plan into effect and moved that the plan be tabled and that the reconnendatfons submitted by DonutoMn Roanoke, Incorporated, and .the Roanoke Chamber of Commerce be referred to the City Manager for study. The motion was seconded by Mr. Mheeler and unanimously adopted. SEMERS AND STOgM DRAINS-MATER OCPARTM£NT: ~r, BenJamin £. Chapman, Attorney, together with a delegation of residents of the Garden City area and the Mount Pleasant area. appeared before Council and advised that his clients are in the process of appealing to the Roanoke County Board of Supervisors and the Roanoke County Planning Commission to prohibit the development of a trailer court in the area to be known as Garden Park Development and requestin9 that the City of Roanoke refuse to furnish sewer and water facilities to the proposed trailer court, pending a decision on the matter by the Roanoke County Board of Supervisors and the Roanoke County Planning Commission. In this connection, Mr. V. B. Garnand, representing the Garden City Civic League, and Mr. Frank F. Gee, Jr** appeared in support of the request made by Mr. Chapman. In a discussion of the matter, the City Attorney pointed out that the area in question is included in the contract between the City of Roanoke and the County Of Roanoke, dealing with the treatment of domestic and commercial wastes, and that it is up to the county as to whether or not sewer facilities will be furnished to the proposed trailer court. The City Attorney also pointed out that the furnishing of water to properties outside Of the city limits is covered by the City Code and that under existing regulations the city does not have the right to refuse water service upoc proper application and compliance with the rules and regulations of the city. Mr. Dillard pointing out that Council Can suspend the rules and regulationt any time it so desires, Mr. Young moved that the City Manager be directed to notify Council and the Garden City Civic League if and when an application is received by the city for furnishing water to the proposed trailer court. The motion was secondeg by Mr. Dillard and unanimously adopted. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company, advising that no street lights were installed during the month of September, 1962, mas before Council. On motion of Mr. Dillard. seconded by Mr. Jones and unanimously adopted. the communication was ordered filed. SCHOOLS-STREETS AND ALLEYS: Council having failed to Include funds in t~e 1962 budget for the extension of Fernciifr Avenue, N, M,, to serve the new Milliam Fleming High School, a communication from the Roanoke City School Hoard, requesting that Council reconsider the matter, nas before the body, In this connection, Hr, Earl #, Undernood, Jr** President Of the William Fleming High School Parent-Teacher Association. appeared before Council and outlined reasons as to why there is a need for a second Fond to Rilliam Fleming High School. On notion of mr. Garland, seconded by Mr, Jones and unanimously adopted, the matter was referred back to the City Manager for an estimate of the cost of the project and advice to Council as to the present status of said project, POLICE DEPARTMENT: A communication from Hr. ~. Frank Smyth, Jr** Director Division of Corrections. State Department of Welfare and Institotions, transmitting a report on an inspection made Of the police lookup of the City Of Roanoke on September 11, 1962, was before Council. On motion of Mr. Wheeler, seconded by Mr. Dillard and unanimously adopted, the communication and report were ordered filed, CITY JAIL: A communication from Mr, W. Frank Smyth, Jr,, Director, Division of Corrections, State Department of Welfare and Institutions, transmitting a report on an inspection made of the jail of the City of Roanoke on September 1962. was before Council. On motion of Mr. Wheeler, seconded by Mr. Dillard and unanimously adopted, the communication and report were ordered filed. CITY EMPLOYEES: Resolutions of the Retail Clerks International Associatiofi Local 27H, A.F.L.-C.I.O., and the Amalgamated Meat Cutters and Butchers ~orhmen of North America, Local 290, A.F.L.-CoI.O., and a communication from the Brotherhood of Railway and Steamship Clerks. Freight Handlers, Express and Station Employees, Magic City Lodge No. 20PI. asking that Council reconsider the request of the Roan*he Fire Fighters Association and the Roanoke City Workers Association that the City Auditor be directed to make payroll deductions for membership fees in the two organizations, were before the body. On motion of Mr. Wheeler, seconded by Mr. Young and unanimously adopted, the Resolutions and communication were ordered filed. FIRE PROTECTION-WATER DEPARTMENT: A communication from Mr. George M, Milliken, Jr** President, The Milliken Company, objecting to the fifteen per cent utility tax and the charges made by the [ater Department in connection with the installation and operation of automatic sprinkler systems on private property, sas before Council. On motion of Mr. Jones, seconded by Mr. Garland and unanimously adopted, the communication was referred to the City Manager for his information in coon*orion with a study he is making of the charges made by the ~ater Department. CIVIL WAR: A communication from Mr. 5am Po Weens, Superintendent, Blue Ridge Parkway, advising that from the stndy made by the National Park Service of the historical background of the engagement of Confederate and Hnion Amy forces at Hanging Rock, in'Roanoke County, during the Civil Hat the skirmish fought there does ~ot, ia the opinion of the NatJoma! Park Service, have significance to qualify'it for consideration for national battlefield park status, was before Council; On motion of HFo Garland, seconded bT Hr, Young and unanimously adopted, the communication was ordered filed, REPORTS O~ CHAMBER OF COMMERCE-STATE HIGRHA¥S-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, transmitting a communication from Hr. AD C. Stratton, Assistant Director Of the United States Department of the Interior, National Park Service, expressing the appreciation of the National Park Service for the adoption of Resolution No. 14945 concerning the intention of the Council of the City of Roanoke to appropriate sums required for land acquisition, construction of roads, and other oxpenses in the amount of $440,000 toward the Mill Hountain-Yellou Mountait Spur to the Blue Ridge Parkway near Roanoke. On motion of Hr. Garland, seconded by Rt. Dillard and unanimously adopted, the report was ordered filed. CHAMBER OF COMMERCE-STATE ItlGHMAYS-PARN$ A~O PLAYGROUNDS: The City Manage] submitted a written report, recommending that Council adopt an Ordinance authorizing him to enter into an agreement with the United States of America and the Commonwealth of Virginia, for and on behalf of the City of Roanohe, with reference to the develop~ merit of the Mill Mountain-Blue Ridge Parkway project. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emer§ency Ordinance: (~14g~7) A~ ORDINANCE authorizing the execution on behalf of the City of a contract between the United States of America, the Commonwealth of ¥lr~inia and the' Cit~ of Roanohe with reference to the development of the Mill Mountain - Blue Ridge Parkway pro~ect; and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook Ko. 2~, page Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Nheeler, Young and Ma~or Stoller .................................. 7. NAYS: None .......................... EASEMEN~S-S£~£RS AND STORM DRAINS: The City Manager submitted a written reporte recommending that Council adopt an Ordinance providing for the release and quitclaim Of all right, title and interest of the City of Roanoke in and to a certain sanitary sewer main and easement therefor across the northerly portion of Lot IS, Block 1, as shown on Sheet Ko. 20, So N., Of the Official Survey of the Cit~ Of Roanoke. on the northwest corner Of Campbell Avenue and l~th Street, S. M~. ~arland ~oved that Council concur in the recommendation of the City Manager and that the follouin9 Ordinance be placed upon its first reading: (e14968) AN ORDINANCE providing for the ~ity*s release and quitclaim of all right, title and interest In end to a certain sanitary sewer main and easement therefor across the northerly portion of Lot IS, Block l,.as shown on Sheet No. 200 S. N** or the City*s Official Survey, on the northwest corner of Campbell Avenue and 13th Street, S. M. WHEREAS. Margaret Kamsky and Burton Boneyman. Trustees, caners of the land hereinafter described, have requested that the City release, quitclaim aed convey all of Its right, title and interest, if any there be, in and to a certain sanitary sewer line or main presently installed in the northerly portion of said lot sub- stantially located as shown on Sheet No. 122 of the City's Sewer M~p and as shown on a certain plat of surrey of said property made for B, A, Prillaman by Co B, Kalcom ~ Son, Virginia State Certified Engineers, under date of June 2?, 1q62; and WHEREAS, the City's Director of Public Works has determined that said seaer line has long since been abandoned as a part of the Clty*$ public sanitary sewer system and that the City has no need for the right to use the existing pipe line for such purpose; and the City Manager has recommended that Council authorize the execution of the quitclaim deed hereinafter described. T~EREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the,City and upon or after the effective date of this ordinance* to execute, seal, attest and acknowledge, as the ease may be, that certain deed of quitclaim and release tendered to the City by Margaret Kamsky and Morton Honeyman, Trustees, owners of the lot herein mentioned, pursuant to which said deed the City would.release, quitclaim and convey unto said owners all of the City*s right. title and interest, if any there be, in and to that certain sanitary sewer line and to th~ easement therefor, shown on the plat of survey of Lot 15. Block 1, Sheet No. 20, S. M., of the City's Official Survey, made by C. B. Malcolm ~ Son, ¥.S.C.E., dated June 27, 1962, a copy of which said plat is to be attached to said deed of release and made n part thereof, and another copy of which is on file in the office of the City Clerk; said deed to be first approved as to form by the City Attorney and, upon its full execution and acknowledgment on behalf of the City, to be delivered to the aforesaid owners or to their attorney. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones. Pollard, Nheeler, Young and Mayor Stoller .................................. NAYS: None ......................... REPORTS: The City Manager submitted a written report, transmitting n report of the Department of Pnbllc Welfare for the month of August. 1962, and listing monthly departmental reports on file in his office. On motion of Mr. Wheeler, seconded by Mr. Garland and unanimously adopted the report was ordered filed. REPORTS OF COMMITteES: SEMERS AND STORM DRAINS: Council having previously referred too commltte~ composed of Messrs. Roy L,'Mebber, Chairman, Walter L, Young, Arthur S. Owens and Randolph G, Nhittle for study, report and recommendation a request of the Council of the Town of Salem that the contract between the Town or Salem and the City of Roanoke dated October 16. 1953, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 2D.5-acre tract of land south of Salem bounded on the north by EllJson Avenue, on the west by'Penley Boulevard (ViroinJa Secondary Route ?72), on the south by Mill Lane (Virginia Secondary Route 636) and on the east by Antrim Street, the committee submitted a written report, recommending that the request be granted, Mr. Garland moved that Council concur in the recommendation Of the committe and offered the following Resolution: (u14969) 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. 25, page 4gO.) Mr. Garland moved the adoption Of the Resolution. Yhe notion Mas seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Follard, Wheeler, Youn9 and Mayor Stoller .................................. 7. NAYS: None .......................... O. BRIDGES-PARKS AND PLAYGROUNDS: Council having previously appointed a committee composed of Messrs. William B. Edwards, Chairman, Benton O. Dillard, James E. Jones, Rex To Mitchell, Jr** and B, Cletus Broyles to study a request of residents of the Riverdale section that a new bridge be constructed in the vicinity of Buzzard Rock Ford and tbat land be acquired by the city in the Rlverdale area for park purposes, the committee submitted a written report, recommending that a new bridge in the vicinity of Buzzard Rock Ford be given top priority in the develo meat of a master plau for the city and that until such time as construction of a new bridge is undertaken the following improvements be made immediately Iff the vicinity of the present bridge: 1. Mahe the bridge one-lane, with appropriate traffic control lights at both approaches; 2. Erect a three to four foot pedestrian walk-way INSIDE the bridge on the North side; Renem the entire surface of the bridge; 4, Construct a ~ravel walk on the North side of Tayloe Avenue, (going toward the bridge). 5o Place median strip (some kind of substantial marking) on both sides of the railroad underpass. Mr, Jones moved that the matter of improvements in the vicinity of the present bridge be referred to the City WRonger for an estimate of the cost and to report back to Council. The motion was seconded by Mr. Dillard and unanimously adopted. The committee also recosmeaded that the city purchase 13 acres or semi- improved land owned by Hr, Howard E, Signori at a cost not to exceed $25,000 for parh purposes and *but necessary path equipment be installed and a structure erected similar to that In Thrasher Path, After a discussion of the matter° Hr. Wheeler moved that Hr, Signori be contacted for the purpose of ascertaining whether or not he mould be milling to donate the 13 acres of land to the clty as a memorial, The motion was seconded by Mr, Young and unanimously adopted, FUEL OIL: Council having referred to a committee composed of Messrs, Roy R. Pollard, St** Chairman. Arthur S, Owens und Dueford 0. Thompson for tubule*ia and report bids previously received no furnishing the fuel oil requirements of the City of Roanoke for the period from October 15. 1962, to October 15, 1953. the committee submitted a mritten report, recommending that the low bid of the Sinclair Refining Company for No. I and No. 2 fuel oil and the lam bid of the Van Wood Oil Corporation for No. 5 fuel oil be accepted. Mr. Young moved that Council concur in the recommendations of the committe and offered the following Resolution accepting the proposal of the Sinclair Refining Company: (=14970) A RESOLRTION accepting the proposal of Sinclair Refining Company for supplying the Cityts requirements for Nos. ! and 2 fuel oil from October 15, lgb2, through October 14, 1953; and rejecting all other bids, (For full text of Resolution. see Resolution Rook No. 25, page 491.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Rheeler and adopted by the follomin9 vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Nheeler, Young and Mayor Stoller .................................. NAYS: None ..........................O. Mr. Wheeler then offered the following Resolntion accepting the proposal of the Van Rood Oil Corporation: (c14971) A RESOLUTION accepting the proposal of Van Wood Oil Corporation for supplying the City*s requirements for No. 5 fuel oil from October 15. 1962, through October 14, 1953; and rejecting the other bid. (For full text of Resolution, see Resolution Rook No. 25, page 492.) Mr. Rheeler moved the adoption of the Resolution, The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .................................. NAYS: None ..........................O. BRIDGES: Council having referred to a committee composed of Messrs. Walter L. Young. Chairman, Arthur S, Owens and. John L, Rentworth for study, report and recommendation the bid of Pollard Pools, a Division of. Pollard Construction Company, Incorporated. on therenovation of bridge walks and hand rails withair- placed concrete on the Jefferson Street Bridge over the Norfolh and Western Railway Company trac~, the committee submitted a written report, advising that the committee feels it should discuss mJth the successful bidder an alternate plan mhereby all the necessary work may be accomplished in a satisfactory manner within the $100000 allocated in the budget for this purpose, and that after meeting with the contractor to discuss the alternate plan, the committee will make its report and recommendation to Council. On motion of Mr. Young, seconded by Mr. Wheeler and unanimously adopted. the report mas ordered filed. UNFINISHED OUSINESS: NONE. CONSIDERATION OF CLAIMS: NON£. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 14951, vacating, discontinuing and closing that portion Of Elm Avenue, S. E., lying between the easterly side of Jefferson Street and the westerly side Of a proposed extension of First Street, havlng previously been before Council for its first reading, read and laid over. was again before the bodyt Mr. Pollard offering the following for its second reading and final adoption: (;14951) AN OROINANCE (1) vacating, discontinuing and closing that portio~ of Elm Avenues S. E., lying between the easterly side Of Jefferson Street and the westerly side of a proposed extension of First Street, 5. E., which is included within the bounds of #Parcel H* as shown on a certain plat made by the Office Of the City Engineer of the City of Roanoke. Virginia, dated August 16. 1962. and designatel thereon as Plan No. 4?45; (2) authorizing and directing the City Manager and the Cit Engineer to proceed with the plans for the construction of a new Elm Avenue, S. E.. running between the easterly side of Jefferson Street and the westerly side of First Street. S. E.. sho~n on the aforesaid plat as ~Elm Avenue (proposed)*; and (3) authorizing and approving the conveyance by the City of Roanoke, Virginia. of all of its right, title and interest in and to that certain tract of land shown as *Parcel B* on the aforesaid plat to Community Hospital of Roanoke Valley, in exchange for the conveyance by Community Hospital of Roanoke Valley to the City of Roanoke, Virginia, of *Parcel A* shown on the aforesaid plat. (For full text of Ordinance, see Ordinance Boob No. 25. page 404.) Mr. Pollard moved the adoption Of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote; AVES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor St*lieF .................................. 7. NAYS: None .......................... O. EASEMENTS-APPALACHIAN POWER COMPANY-AIRPORT: Ordinance No. 14960. granting to the Appalachian Power Company an easement over city property in con- nection with the installation of a 12,000-volt commercial electrical service at the Roanoke Municipal Airport, 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 readin9 and final adoption: (s14960) 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, 25, page 489,) Mr. Young moved the adoption of the Ordinance, The motion was seconded by Mr, Nh*cleF and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Nheeler, Young and Mayor St*liar .................................. 7, NAYS: None ..........................O, COUNCIL: Council having previously directed the City Attorney to prepare the proper measure amending Section 2, Roles of Procedure, Chapter 4, The Council, Title Il, of The Code of the City of Roanoke, 1956, to provide that the Council shall hold its regular meetings on Monday of each week, at 7:30 p.m,, during the month of January, 1963, he presented same; whereupon, Mr. Jones moved that the following Ordinance be placed upon its first reading: (~14972) AN ORDINANCE temporarily suspending Role 1, *Regular meetings* of Sec. 2. 'Rules of procedure' of Chapter 4. 'The Council' of Title II. 'Administra- tion* of The Code Of the City of Roanoke. 1956. RE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Rule 1. 'Regular meetings* of Sec. 2. 'Rules of procedure' of Chapter 4. *The Conncil* of Title II. 'Administration' of The Code of the City of Roanoke, 1956, be, and said Rule I is hereby, suspended during the month of January, 1963; during which said month the Council shall hold its regular meetings on Monday of each week. at 7:30 P. M, 2, That, at all other times both before and after the aforesaid month of January, 1963, unless otherwise provided by this Council, the aforesaid Rule 1 shall continue and be in full force and effect, The motion was seconded by Mr, Garland and adopted by the foil*sing vote: AYES: Messrso Dillard, Garland, Jones, Young and Mayor St*liar ......... NAYS: Messrs. Pollard and Wheeler ...................................... PLUMBING CODE: Council having previously directed the City Attorney to prepare the proper measure amending Section 130, Article XI, Chapter 3, Title IV, of The Code of the City of Roanoke, 1956. requiring that shower compartments shall have a lead or copper shower pan, to permit an alternate material, he presented same; ~hereupon, gr. Nh*clef moved that the following Ordinance be placed upon its first reading: (~14973) AN ORDINANCE to amend Sec, 130, 'Shower compartments or stalls' of the Plumbing Code. DE IT ORDAINED by the Council of the City of Roanoke that Sec. 130. 'Showe] compartments or stalls' of the Plumbing Code be, and said section Is hereby, amended by adding an additional subsection thereto, such additional subsection being (d) and reading and providing as follows: (d) Materials that have been tested by and approved by a nationally recognized testing laboratory or · federal or state agbncy may be used in lieu of copper or lead for use In shower pans, provided tbat lostallations in which such alternate materials are used shall be limited to a size using a single sheet without splicing and in cold weather such material shall be heated to not less than 500 F, before bending or forming, The motion nas seconded by Mr. Garland and adopted by the f,Il,wing vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Mbeelero Yonng and Mayor St,liar ? NAYS: None .......................... O. MOTIONS AND MISCELLANEOUS BUSINESS: LIcENSEs: Council having previously adopted a motion that the Mayor appoint a committee composed of Mr. J. Robert Thomas, City Auditor. Mr. Charles R. Lescure. Commissioner of the Revenue, and three qualified citizens to study the entire tax structure of the City of Roanoke. including a study as to when real estate can be reassessed and an equitable assessment of all properties in the City of Roanoke. obtained. Mayor Stoller advised that he has appointed Ressrs, Frank R. Rogers, Jr,, Chairman, ~. Vernon Dicks, James E, Cart. J. Robert Thomas and Charles R. Lescure as members of the Tax Study Committee, Mr. Jones moved that the appointment of the committee be confirmed and that the City Attorney be directed to prepare the proper measure providing for the appointment of said committee. The motion was seconded by Mr. Pollard and APPROVED ATTEST: Mayor COUNCIL, REGULAR MEETING, Monday, October 15, 1962. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, October 15, 1962, at 2 p.m., the regular meeting hour, with Mayor Stoller presiding. PRESENT: Messrs. Dillard. Garland. Jones. Pollard, #heeler. Young and Mayor Stoller .............................. 7. ABSENT: None ....................O. OFFICERS PRESENT~ Mr. J. Robert Thomas, City Auditor and Acting City Manager, and Mr. Randolph G. Nhittle. City Attorney. INVOCATION: The meeting Has opened with a prayer by the Reverend H. M. Curry, Pastor, Trinity Methodist Church. MINUTES: Copy of the minutes of the regular meeting held On Monday. October O, 1962, having been furnished each member of Council. on motion of Mr. seconded by Mr. Garland and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: STADIUM: Council at its meeting on October !, 1962, having voted down a Resolution authorizing that sidewalk, curbing and gutter be installed in the immediate vicinity of Victory Stadium; that the river bank in the vicinity be cleared; and that certain planting be provided for the beautification of the area, which improvements were requested by the Toan and Country Garden Club. Mrs. E. Paul Hayes. Landscape Chairman of the Town and Country Garden Club, appeared before the body. pointing out that the garden club has spent considerable time and money in beautifying the front of the stadium and that it now needs the help of the city in beautifying the back of the stadium, that before the club can proceed with its beautification project for the back of the stadium it is absolutely essential that curbing be placed in the area for the protection of the flowers, trees, etc.. proposed to be planted. Upon being informed that the original request of the Town and Country Garden Club was turned down because it was discovered that it would cost approximatel $4.500 to install 1.02B feet of sidewalk, curb and gutter, Mrs. Hayes requested that the city install the curbing only at the present time ~lth further stages of the project to be considered at a later date. After a discussion of the matter, it being estimated that the curbing only would cost approximately $1,200, Mr. Mheeler moved thatCouncil concur.in the request of Mrs. Hayes and offered the following emergency Ordinance transferring (s14974) AN ORDINANCE to amend and reordain Section ~140, *Street Construction," and Section ~144. "Departmental Equipment and Improvements.* Of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 25, page 496.) :1'32 Mr. Mheeler moved the adoption of the Ordinance. The motion nas seconded by Mr. Garland ned adopted by the following vote: AYES: Messrs. Dillard, Garland, Jonas, Pollard, Wheeler, Young and Mayor St*lief ................................. 7. NAYS: None ................... O. pETITIONS Ak~ COMMUNICATIONS: ZONING: A petition of Mr. ~. Courtney King, St** Attorney, representing Mr. ~. J. Folden, reqaesting that property located at the southeast corner of Patterson Avenue and Eleventh Street, $, M**described as Lot 16, alack 24, Rorer Map, Official Tax Ho. 1112601, be Fez*ned from Special Residence District to Ousiness District, was before Council. On motion of MF. Pollard, seconded by Mr. Wheeler and unanimously adapted, the request was referred to the City Planning Commission for study, report and recommendation. CITY EMPLOYEES: A Resolution of the Sheet Metal ~orker$ International Association, Local Union No. 119, asking that Council reconsider the request of the Roanoke Fire Fighters Association and the Roanoke City Workers Association that the City Auditor be directed to make payroll deductions for membership fees in the two organizations, was before Council. On motion of Mr. Young, Seconded by Mr. Wheeler and unanimously adopted, the Resolution was ordered filed. BRIDGES-STAYE HIGHWAYS: A communication from Mr. W. H. Cummings, Presiden Diamond Plastics Industries, recommending that funds be included in the 1963 Budget for the repair or replacement of the bridge on Route 115 over Carvins Creek at the north corporate limits, was before Council. It appearing that Council has already evidenced its willingness to pay one-half of the $45,U00 estimated cost of such bridge and that the Budget Commission is considering the inclusion of $22,500 in its recommended budget for Mr. Dillard moved that Mr. Cummings be so advised. The motion was seconded by Mr. Pollard and unanimously adopted. pURCIIASE OF PROPERTY-PARKS AND PLAYGROUNDS-INDUSTRIES: Council having previously authorized the purchase of three parcels of land lying between Bluestone Avenue and Wilkes Road, N- E., for park purposes, in lieu of Jordan Park, a communication from the Hollins Road Civic League, expressing heartfelt thanks to the members of the body for the acquisition of said land, Mas before Council. On motion of Mr. Dillard, seconded by Mr. Young and unanimously adopted, the communication was ordered filed. REPORTS OF OFFICERS: AUDITORIUM-COLISEUM: Council having deferred action on as Ordinance authorizing and directing the City Manager to endeavor to obtain a year's option the City of Roanoke Redevelopment and Housing Authority, granting unto the City of Roanoke the exclusive right to purchase a triangular area of land situate in the Commonwealth Rederelopmeot ProJec~ and bounded on the uurth by Orange Auenue, on the east by ¥illiamson Road and on the nest by the future Interstate §1 Highway Spur, containing 22 1/2 acres, at a purchase price of $500,000, which property has been recommended by the Roanoke Junior Chamber of Commerce as a site for the proposed auditorium-coliseum, and having referred the matter buck to the City Ranager to negotiate the purchase price, the Acting City Manager submitted a written report of the City Manager. advising that the City of Roanoke Redevelopment and Housing Authority Is required by State and Federal law to dispose of land at its fair value, therefore, the Authority is not in a position to negotiate for a lower price on the land in question than the amoont of ~500.000. After n discussion of the matter. Mr. Young voicing the opinion that it seems rather unusual that the Housing Authority has not agreed to discuss the matter with Council. and the Acting City Manager advising that he has been informed by a representative of the Housing Authority that if Council wants to have a third appraisal made Of the property on its own and obtains a lesser figure than $500,000 from such appraisal as a basis for negotiation the Ilousin9 Authority will discuss the matter with Council. Mr. Dillard offered th~ following Resolution: (a14975) A RESOLUTION appointing appraisers to make a confidential appraisal of the 22 1/2 acres of land in the Commonwealth Redevelopment Project, recommended as a site for an auditorium-coliseum; and appointing a committee to negotiate with the Commissioners of the City of Roanoke Redevelopment and Housing Authority in an effort to have the $500,000 price therefor reduced. (For full text Of Resolution. see Resolution Book No. 25, page d95.) Mr. Dillard moved the adoption of the Resolution. Yhe motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... ? ..... 7. NAYS: None ...................O. CHAMBER OF COMMERCE-STATE HIGHWAYS-PARKS AND pLAYGROUNDS: Council having adopted a Resolution appointing ten appraisers of real estate needed by the city for the Blue Ridge Parkway development, the Acting City Manager submitted a written report Of the City Manager, advising that he has been t~ ormed that Messrs. James A. Turner, C. W. Francis, Jr., and Job0 H. Miller will be unable to serve due to press- in9 business or for other reasons and recommending that Messrs. T. Howard Boyer. Julian H. Martin, Dewey R. Robertson. Elbert H. Waldron and ~. W. Carrington be approved as appraisers for the project, three of which will replace the three that cannot serve and two to be added to the project. After a discussion of the matter, Council being pf the opinion that some of the appraisers who have served on only one project for the city should be given an opportunity to serve on this project. Mr. Mheeler moved that the City Attorney be directed to prepare the proper measure omitting the names of Messrs. James A. Turner. C. W. Francis, Jr., and John H. Miller from the original Resolution and adding thereto the names of Messrs. T. Howard Hoyer, Carl R. Flora. Julian H. Martin Dewey R. Robertson and Foster G. beets. The motion was seconded by Mr. Garland and unanimously adopted. SEWERS AND STORM DRAINS-MATER DEPARTMENT: Council at its last regular meeting having received n request of residents of the Garden City area and the Mount Pleasant area that the City of Roanoke refuse to furnish water and sewer facilities to a proposed trailer park in Roanoke County to be called Garden Park Development. and having directed the City Manager to notify Conncil if and when an application is received by the city for furnishing water to the proposed trailer court, the Acting City Manager submitted a written report of the City Manager. advising that he has caused to be placed an estoppel on the sale of water tothe proposed mobile trailer court and that he wonld appreciate Council confirming his action by the adoption of an appropriate Resolution: whereupon. Mr. Dillard offered the folio~log Resolution: (~14976) A RESOLDTION directing the City Manager promptly to call to Council*s attention any applications that may be received by the Water Department to supply water to any mobile court proposed to be located in Roanoke County on the east side of Dandy Road. immediately south of the City limits. (For full text of Resolution. see Resolution Hook No. 25. page 497.) Mr. Dillard moved the adoption of the Resolution. The notion was seconded by Mr. Garland and adopted by the folio, Jug vote: AYES: Messrs. Dillard, Garland. Jones, Pollard, Young and Mayor Stoller--- hAYS: Yr. ~heeler ...................1. BUDGET-RATER DEPARTMENT: The Acting City Manager submitted a written report of the City Manager. recommending that $6.000 be appropriated to cover the design of the addition to the Delray Pumping Station. the pumping equipment, piping and installation with drawings and specifications covering the necessary construction by the firm of Alvord. Burdick and tlowson. Consulting Engineers. in connection with the expansion of the Oelray Rater System. Mr. Dillard moved that Council concur in the recoaecndation of the City Manager and offered the following emergency Ordinance: (#14977) AN ORDINANCE to amend and reordaJn "Non-Operating Expense" of the 1962 Mater Fund Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 25. page 497.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the follo~in9 vote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Wheeler. Young and Mayor iStoller .............................. NAYS: None ................... REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 14966, rezoning property located on the north side of Bramble*on Avenue. S. W.. east of Red Rock Road. described as Lot 16 and a portio~ of Lot 17, Block 5, Evergreen Development Company, Official~Tau Nos. 16§0519 and 16S0S20. from General Residence District to Business District, having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Garland offering the following for its second reading and final adoption: (#14966) AN OROINANCE 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. 25, page 493.) Mr. Garland moved the adoption of the Ordinance. The motion nas seconded by Mr. Wheeler and adopted by the follomin9 vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Eheeler. Young and Mayor Stoller ................................. 7. NAYS: None ...................O. ' EASEMENTS-SEWERS AND STORM DRAINS: Ordinance No. 1496G, providing for the release and quitclaim of the city of nil right, title and interest in and to a certain sanitary sewer main and easement therefor across the northerly portion of Lot 15. Block 1, as shown on Sheet No. 20, S. W.. of the City*s Official Survey, on the northwest corner of Campbell Avenue and 13th Street, S. W., having previously been before Council for its first reading, read and laid over. sas again before the body, Mr. Wheeler offering the following for its second reading and final adoption: (z1496B) AN ORDINANCE providing for the City's release and quitclaim of all right, title and interest in and to a certain sanitary sewer main and easement therefor across the northerly portion of Lot IS, Block 1, as shown on Sheet No. 20, S. W., of the City*s Official Survey, on the northwest corner of Campbell Avenue and 13th Street, $. W. (For full text of Ordinance. see Ordinance Book No. 25. page 4q4.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones. Pollard, Wheeler, Young and Mayor Stoller ................................. 7. NAYS: None ...................O. COUNCIL: Ordinance No. 14972, temporarily suspending Rule 1. *Regular meetings* of Sec. 2. 'Rules of procedure* of Chapter 4. *The Council' of Title II. *Administration* of The Code of the City of Roanoke, 1956. to provide that Council shall hold its regular meetings on Monday of each meek at 7:30 p.m., during the month of January, 1963, having previously been before Council for its first reading, read and laid over. ~as again before the body. Mr. Garland offering the following for its second reading and final adoption: (~14972) AN ORDINANCE temporarily suspending Rule 1. *Regular meetings* of Sec. 2 *Rules of procedure' of Chapter 4. 'The Council' of Title II. 'Adminis- tration' of Yhe Code of the City of Roanoke, 1956. (For full text of Ordinance, see Ordinance Dook No. 25, page 495.) '35 · Hr. Garland moved the adoption of the Ordinance. The lotion lis seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard. Young end Mayor Stoller-- ........................................ 6o NAYS: Wr. Wheeler ............1. PLUMBING CODE: Ordinance. No. 149~3, amending Section 130, Artfcle XI, Chapter 3, Title XY, of, The Code of the City of Roanoke, 1956, requiring that shomer compartments shall have a lead or copper shower pan, to permit an alternate material, having previously been before Councfl for las first reading, read and laid over, mas again before the body. Mr. Wheeler offering the following for its second reading and final adoption: (~14973) AN ORDINANCE to amend Sec..130. 'Shower compartments or stalls' of the Plumbing Code. (For full text of Ordinance, see Ordinance Book No. 25, page 495.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones, Pollard. Rheeler, Young and Mayor stoller ................................. 7. NAYS: None ...................O. LICENSES: Council having previously directed the City Attorney to prepare the proper ~easure creating a committee composed of Mr. Frank W. Rogers. Jr.. Chairman, Mr. M. Vernon Hicks. Mr. James E. CgFF, Mr. J. Robert Thomas. City Auditor and Mr. Charles R. Lescure. Commissioner of the Revenue, to study the entire tax structure of the City of Roanoke. including a study as to ~hen real estate can be reassessed and an equitable assessment of all properties in the city obtained, be presented same~ whereupon, ar. Young offered the following Resolution: (~1497~) A RESOLUTIO~ appGinting a committee to study the entire tax structure of the City of Roanoke and, thereafter, to recommend unto the Council feasible means pursuant to which all taxes, licenses and assessments imposed by the City may promptly be made as fair and equitable as possible. (For full text of Resolution, see Resolution Book No. 25, page 4gO.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler. Young and Mayor Stoller ................................. 7. NAYS: None ................... O. MOTIONS AND RISCELLANEODS BUSINESS: pLANNING: Mayor 5toiler advised Council thatthere is a vacancy on the Roanoke Valley Regional Planning and Economic Deve~pment Commission due to the deatJ of Mr. R. E. Bodges and called for nominations to fill the vacancy. Mr. Jones placed in nomination the name of Dorman R. Miller. Hr. Young moved that the nominations be closed. The motion was seconded by Mr. ~heeler and unaflJ~ously adopted. Hr. Dormaa #. Miller mas elected as a member or the Roanoke Valley Regional Planning and Economic Development Commission to fill the unexpired term of Hr. R. RD Rodges. deceased, ending December 31. 1963. by the foil,ming vote: FOR HR. MILLER: Ressrs. Dillard. Garland. Jones. Pollard. Rheeler. Young end Rayor St,liar ........................ ?. STATE HIGHRAYS: Mr. Mheeler moved that the City Clerk be instructed to place on the agenda for the next regular meeting of Council the question of inclndin the widening and placing Of a median strip along Orange Avenue, ~. £., m,st of Williamson Road to the Interstate Route 501 project, in said project. The motion mas seconded by Mr. Pollard and unanimously adopted. On motion of Mr. Dillard, seconded by Mr. Garland and unanJmonsiy adopted, the meeting was adjourned. APPROVED ATTEST: #a~or COUNCIL, REGULAR MEETING. Nondny. October 22, 1962. The Conncil of the City of Roanoke met in regular macring in the Council Chamber in the Municipal Building. Monday, October 22. 1962, at 2 p.u., the regular meeting hour. uith Mayor Stoller presiding. PRESENT: Messrs. Dillard, Garland, Jones. Pollard. Mheeler. Young and Mayor St,lieF ............................... 7. ABSENT: None .....................O. OFFICERS PRESENT: Mr. Arthur S. O~ens. City Manager, Mr. Randolph G. Mhfttle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting mas opened uJth a prayer by the Reverend E. E. Muntzin9, Pastor, Nolllns Road Church Of the Brethren. MINUTES: Copy of the minutes o~ the regular meeting held on Monday. October 15. 1962. havin9 been furnished each member of Council. on motion of Mr. Garland. seconded by Mr. Pollard and unanimously adopted, the readio9 thereof sas dispensed ~ith and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for~ bids on the construction of an addition to the Jackson Park Community Center. said proposals to be received by the City Clerk until 1:30 pom.. Monday. October 22, 1962. and to be opened ut 2:00 p.m.. before Council. Mayor St,lief asked if there was anyone present who did not fully understand the adver- tisement, if there ~as anyone present ~ho had been denied the privilege of bidding, or if there ~ere any questions about the advertisement anyone s,mid like to usk. and no representative present raising any question, the Mayor instructed the City Clerk to proceed ~ith the opeoin9 of the bids. ~n this connection, the City Clerk advised that the bid of Hodges Lumber Corporation mas received after the deadline. Mr. Young moved that the bid be received. The motion ~as seconded by gr. Garland and unanimo~*sly adopted. The City Clerk then opened and. read the following bids: Waldron ~ Maldron, $14.964.00; and Hodges Lumber Corporation, $17,463.b7. On motion of Mr. Young, seconded by Mr. Garland and unanimously adopted, the bids mere referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman. Arthur S. O~ens and John L. Wentworth for tabulation and report to Council. the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. STREETS AND ALLEYS: Council having continued a public hearing on the request of Mrs. Grace N. Taubman that that portion, of Floyd A~enue, S. N., east of its intersection with Welton Avenue, be vacated, discontinued and closed, and hsvin9 appointed o committee to neet on the site nitb representatives of the petitioner and the opponents to the proposed street closing mith a vies of ~orking out a mutually satisfactory solution to the situation, the matter ~oa again before the body. In this connection, the committee submitted the followln9 report: 'Roanoke. Virginia October 16, 1962 To the Mayor and Members Of Roanohe City Council preserve the access Fights of the McClangherty best interest of the City of Roanoke, which is this recommendation. You referred to the committee composed of members Mhose names are signed belon a request of Mrs. Crnce M. Taubman for the closing of a portion Of Floyd Avenue in Mosena. This committee has met on two OCCasions, once nith all inter- ested parties, and ue have gone on the ground and studied the situation most carefully. We recognize the rights of the heirs of the McClaugherty estate who own property that might be served by the opening up Of Floyd Avenue at some time in the future. Me feel that such a possibility ia remote, but still feel that their rights should be preserved. On the other hand. ne have every desire to cooperate ~lth Mrs. Taubman and the Advance Stores and to encourage them in the expansion of the existing facilities. With these things in mind. it is OUr recommendation that the City vacate, discontinue and close the eastern 300 feet of Floyd Avenue as it non exists on the City map. If this recommendation is accepted by City Council, it mill provide additional space for expansion of Advance Stores* warehouse and, at the same time. ~ill preserve the right of the McClaugherty heirs by retaining for them 100 feet of frontage on Floyd Avenue and the portion of Floyd Avenue required as an access to their remaining property. This sill not be ~holly acceptable to either the Taubmans or the McClaugherty heirs, but ne believe it mill be a fair solution to the problem and is the best compromise that ~ill aid the Taubmnns. heirs, and be to the the sole reason for s/ James E. Jones James E. Jones s/ Robert A. Garland Robert A. Garland s/ Ro~ R. Pollard Sr. Roy R. Pollard. Sr. s/ Malter L. Younq Malter L. Young. Chairman* Cart. Attorney. representing the Heirs of the J. W. McClaugherty Estate. appeared compromise as recommended by the committee, and requested that the hearing again be continued until the next regular meeting of Council. On motion of Mr. Wheeler, seconded by Mr. Garland and unanimously adopted. the hearing ~as continued until the next regular meeting of Council. PETITIONS AND COMMUNICATIONS: CITY EMPLOYEES: Resolutions of the Roanoke Typographical Union No. 60 and the Brotherhood of Railroad Signalmen Local No. 77, asking that Council reconsider the request of the Roanohe Fire Fighters Association and the Roanohe City Workers Association that the City Auditor be directed to make payroll deductions for membership fees in the two organizations. Here before C~nncil. ~39 On lotion of Mr. G:rluod. secn,ded by Mr. ~ones nnd unnnimou~ly adopled. the Resolutions mere ordered filed. SCHOOLS-STREETS AND ALLEYS: Communicutions from Mr. und Mrs. M. Ho Eagle und Hr. nnd HFS, H, H, Alexander, urging thut Council authorize the extension of FernclJff Avenue, N. R., to serve the new Hilliam Fleming High School iamedintely mere before the body, In this couoectiou, a delegation of patrons of the Hillium Fleming High School appeared before Council, mith Mr. Eagle acting ns spokesman, and emphasized the urgency for immediate action, The City Manager indicating that he hopes to have a report on this matter ready for the next regular meeting of Council, Mr. Pollard moved that the communica- tions be filed, The notion mss seconded by Hr. Wheeler and unanimously adopted. REPORTS OF OFFICERS: SIOEWALK. CURB A~D ~UTTER: The City Manager submitted a written report, transmitting a request of the Preston Park Parent-Teacher Association that funds be included in the current budget for the construction of sideualg on Winsloe Drive. N. W., from Fleming Avenue to Frontier Road. On motion of Mr. Mheeler, seconded by Mr. Ycun9 and unanimously adopted, the request mas referred tn the Budget Commission for its consideration, the City Manager to furnish the Budget Commission an estimate of the cost of the prelect. BUDGET-INDUSTRIES-SEWERS AND STORM DRAINS: The City Manager submitted a ~rltten report, together mith a tabulation of bids received for the construction of an 8~inch sanitary sewer line to serve Building I-A and Building I-B at the Roanoke Industrial Center, showing the bid of the Oraper Construction Company, in the amount of $1,488.00, as the lam bid, and recommending that $1,40fl,00 be appropriated for this project. Mr. Follard moved that Council concur iff the recommendation of the City Rnnager and offered the follo~ing emergency Ordinance: (=1497q) AN ORDINANCE to amend and reordain Section 3141, "Sewer and Brain Construction," of.the 1962 Appropriation Ordinance. and providing 'for an emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 1.) Mr. Pollard moved the adoption of the Ordinance. The motion .as seconded by Hr. Wheeler and adopted by the following vote: (z14980) AN ORDINANCE tO amend und reordain Section #23. 'Juvenile and Domestic Relutlons Court.' of the 1962 Approprlution Ordinance. end providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 1.) Mr. Mheeler moved the adoption of the Ordinance. Tho motion was seconded by Mr, Young and adopted by the following rote: AYES: Messrs. Dillard, Garland. Jones, Pollard. Mheeler. Young and Mayor Stoller ........................................... 7. NAYS: .None ............................. O. BUDGET-STATE HIGBMAYS: The City Manager submitted a written report, recommending that $10,S63.78 be appropriated to cover payment Of Progress Bill No. 3 for the Peters Creek Road project. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (314991) AN ORDINANCE to amend and reordain Section ~140, 'Street Construction," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page '2,) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones. Pollard, Wheeler. Young and Mayor Stoller ........................................... 7. NAYS: None .............................O. BUDGET-DEPARTMENT OF PUBLIC WORKS: The City Manager submitted a ~ritten report, recommending that $100.00 be appropriated to Travel Expense and Education under Section 3BO. 'Engineering Services.' of the 1962 budget. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~14962) AN ORDINANCE to amend and reordain Section ~OO, 'Engineering Services," of the 1962 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 2.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs.. Garland, Jones, Pollard, Wheeler. Young and Mayor Stoller ........................................... 6. NAYS: Mr. Dillard ......................1. BUDGET-SEMERS AND STORM DRAINS: The City Manager submitted a ~ritten report, recommending that $838.93 be appropriated to Contractors under Section :141, "Sewer and Drain Construction** of the 1962 budget, to cover the cost of extending the contract Of G. C. Kimberlin 6 Son for the repairing and cleaning out of two or three drainage wells at critical locations in the Wtlliamson Road area. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the follonJng emergency Ordinance: (=149R3) AN ORDINANCE to amend nad reordain Section =141, "Sneer sad Drain Construction," of the 1962 Appropriation Ordinance, and providing for aa emergency. (For full text of Ordinance. lee Ordinance Rook No. 26. page 3.) Mr. Dillard sosed the adoption of the Ordinance. The motion mas seconded by Mr. Garlnad and adopted by the f,Il,ming vote: AYES: Ressrs, Dillard, Garland. Jones, Pollard, Wheeler, Young and #ayor Stoller ...................................... 7. NAYS: None ........................ O. REPORTS OF COMMITTEES: SEWERS AND STORR DRAINS: Council having previously referred to a committee composed of Ressrs. Roy L. Rebber. Chairman, Walter L. Young, Arthur S. Owens and Randolph G. Whittle for study and recommendation a request of the B,aid of Supervisors of Roanoke County that the contract dated September 28. 1954. betmee~ the City of Roanoke and the County of Roanoke. dealing ~ith the treatment of d,meat and commercial wastes, be amended by adding thereto an area consisting of approxi- mately !,300 acres located south of Route 86?. east of Route 720 and Route 6HT, north of Route 613 amd west of Route 119, the committee submitted a written report, recommending that the request be granted. Rr. Pollard moved that Council concur in the recommendation of the committ and offered the following Resolution: (~14904) A RESOLUTION amending the contract of September 28, 1954. between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial mastes. (For full text of Resolution. see Resolution Book No. 26. page 3.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor St.lief ...................................... ?. NAYS: None .....................~--0. UNFINISHED BUSINESS: STATE HIGHWAYS: Council at its last regular meeting having directed that the question of including the widening and channeling of Orange Avenue, N. E., west of Willlamson Road to the Interstate Route $81 project, in said project, be placed on the agenda for the present meeting, the matter was again before the body. In a discussion of the matter, the City Manager stated that he is confi- dent the State and Federal Governments will not proceed with the proposed Orange Avenue project over the protest of Council, that they merely are anxious to find the proper solution to the problem. Mr. H. Cletus Broyles. City Engineer, presented a communication, advising that he has conferred mith officials of the Virginia Department of Righnays relativ~ to this problem and that be believes they will be able to mork Out an alternate plan 1! for Orange Avenue that not only will be acceptable to Council and highway officials, but, also, mill be more favorable to the affected property owners aa well, Mr. Hroyles requesting that a cotmittee be appointed to study this situation and bring back a definite recommendation to Council. Appearing in opposition to the original proposal to place a 14-foot median strip along Orange Avenue without providing · crossover in the median at Courtland Road were Mrs. Harold K. Cooper, representing Cooper Veterinary Hospital; Mr. Frank M. Rogers, Jr., Attorney, representing Wiilett Hrothers Transportation, Incorporated; Mr. Winston II. Stephens. representing Southeastern Radio Supply Company of Virginia. Incorporated; Mr. J. P. Catalan, representing Sears Roebuck and Company; Mr. T. E. Cupps, representing Peoples Service Dru9 Stores, Incorporated Mr. Nuel L. Wallace, representing Rillett*s Esso Truck Terminal and Willett*s Terminal Restaurant; Mr. Charles W. Green. representing William Green and Company: Mr. C. fl. Ringlet, representing General Sales. Incorporated: and Mr. Walter E. Arnold, Jr.. representing Midas Muffler Shop of Roanoke. the representatives pro- testing that to eliminate access to Courtland Road for east-bound traffic on Orange Avenue would hurt their respective businesses since a large percentage Of their customers use Courtland Road rather than making a left-hand turn on WillJamson Road. Mr. Willis M. Anderson, Attorney. representing Holiday Inn and Motel Company of Roanoke. stated that althouoh his client owns property on Orange Avenue, N. E., east of Wllliamson Road. Jt Js interested in any proposed plan for the area. After u further discussion of the matter. Mr. Catalan expressing the opinion that action on the question should be deferred until the Route SOl project is completed and the effect Of the spur on traffic determined, at which time a committee could he appointed to study the problem, and various members of Council voicing the opinion that in the absence of any action by the body at this time the State and Federal Governments might proceed uith plans for the Grange Avenue project, Mr. Dillard moved that the matter Of working out a plan for the Orange Avenue project be referred to a committee composed of Messrs. Walter L. Young. Chairman. J. P. Catalan, John E. Willett. T. E. Capps, Joel Erisch, H. Cletus Broyle~ J. D. Sink and Mrs. Harold E. Cooper for study, report and recommendation to Council The motion was seconded by Mr. Jones and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CHAMBER OF COMMERCE-STATE HIGHWAYS-PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure omitting the names of Messrs. James A. Turner, C. W. Francis, Jr.. and John H. Miller from Resolution No. 14943, appointing appraisers of real estate needed by the city for the Blue Ridge Parkway development, and adding thereto the names of Messrs. T. Howard Boyer. Carl B. Flora, Julian R. Martin, Dewey R. Robertson and Foster G. Sheets, he present same; ~hereupon, Mr. Wheeler offered the following Resolution: (~14985) A RESOLUTION amending Resolution No. 14943. adopted on the 17th day of September. 1962. (For full text of Resolution, see Resolution Rook No. 26. page 5.) /44 Mr. Mheeler moved the adoption of the Resolution. The motion mss seconded by Mr. Garland and adopted by the follomlng vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ..................... ' .................. 7. RAYS: None ......................... O. BUSES: Mayor Stoller pointed out that Ordinance No. 9053. adopted on May 19, 1947. prohibiting smoking On street cars and buses, mos inadvertently omitted from The Code of the City of Roanoke. 1956, and relinquished the Chair to the Vice Mayor to move that the following Ordinance be placed upon its first reading: (=14986) AN ORDIRARCE to amend Chapter 6. 'Miscellaneous Offenses' of Title XXlll. 'Misdemeanors and Offenses* of The Code of the City of Roanoke, l~Sb, by adding a new section to said chapter, said section being Sec. 24 and captioned 'Smoking lo busses prohibited; notice tO this effect to be posted.' BE IT ORDAINED by the Council of the City of Roanoke that Chapter 6. 'Miscellaneous Offenses* of Title lXlll. *Misdemeanors and Offenses' of The Code of the City of Roanoke, 1956. be. and said chapter is hereby, amended by adding a new section thereto, said new section reading and providing as follows: Sec. 24. Smoking in busses prohibited; notice to this effect to be posted. it shall be unlawful for any person to smoke or to have in his possession a lighted cigar, cigarette or pipe while such persou is a passenger on or is the operator of a bus engaged in the carrying of passengers for hire. Notice to this effect shall be posted and kept posted in some conspic- uous place in each such motor b.s. Any person who shall violate any provision of this ordinance shall, upon conviction therefor, be fined not less than two dollars and fifty cents nor more than five dollars for each offense. The motion was seconded by Mr. Young. in a discussion of the matter, Mr. Dillard protested that prohibiting smoking on buses is too restrictive upon the citizens of Roanoke and offered a substitute motion that a public hearing on the question be held. The substitute motion died for lack of a second. The original motion was then adopted by the following vote: AVES: Messrs. Jones. Pollard, Stoller. Wheeler, Young and Vice Mayor Garland ....................................... 6. NAYS: Mr. Dillard ..................1. MOTIONS AND MISCELLANEOUS BUSINESS: VRAFFIC: Mr. Mheeler called attention to the rising traffic accident rate in Virginia, pointing out that there have been six traffic fatalities iu Roanoke so far this year and that a number of traffic accidents are due to speeding and failing to obey stop signs. Mr. Wheeler voicing the opinion that the Police Department should be assured that Council is behind the department 1OO per cent in its enforcement of traffic laws and moving that the City Manager be directed to accelerate the enforcement of traffic laws in the city. The motion Has seconded by Mr. Jones and unanimously adopted. On motion of Hr. Garland, seconded by Mr. Nheeler and unanimously adopted, the meeting mas adJourned. ATTEST: APPROVED Mayor "46 COUNCIL, REGULAR MEETING, Monday, October 29, 1962. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Onildiag, Monday, October 29, 1962, at 2 p.m., the regular meeting hour, with Mayor St*liar presiding. PRESENT: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stollet ................. ~ .................. ADSENT: Mr. Young ...............I. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph Mhittle, City Attorney. and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend J. Myers, Pastor, Troutville Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on Monday, October 22. lq62, having been furnished each member of Council. on motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUULIC MATTERS: STREETS AND ALLEYS: Council having previously set a public hearing for 2 p.m,, October 29, 1962, on the request of Johnson-Carper Furniture Company, Incorporated, that Riley Boulevard, N. E.. and a portion of Daleton Street, be permanently vacated, discontinuedand closed, the matter #as before the body. la this connection, Mr. Frank ~. Rogers, Sr., Attorney, repre~enting the ~etitioner, appeared before Council in support of the request of his client. Mr. Jones called attention to the following communication from the City planning Commission as presented to Council at its meeting on October 1, "September 25, 1962. The Honorable Murray A. St,lief, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In its September 19, 1962 meeting, the city planning commission considered the above street closing request. The commission was informed by a representative of Johnson-Carper Furniture Company that the closing of this street mould permit the future expansion of the existing plant. The planning commission studied the proposed street closing in regard to its feasibility, future anticipated land use and need as a portion of the municipal street system. On the basis of this information, the city planning commission concluded that Riley Boulevard and portions of Oaleton Street would not be needed in the future as public streets if the pro- parties abutting these streets are used for the expansion Of the plant facilities. All the land bordering on these two streets is presently owned by Johnson-Carper Furniture Company. The city planning commission Mas also informed by the city engineering department that plans are presently being made to widen Rollins Road. particularly the portion extending from Old Fincastle Turnpike to the intersection Of Shenandoah Valley Division Of the Norfolk ~ Restern. Br. Frank R. Rogers, Sr.. as representative of Johnsen-Carper Furniture Company, expressed the willingness of his client to dedicate the necessary right-of-way for the Rollins Road widening project; however, no definite commitments were made because the plans for the street ~idening are not final and the field survey has not been completed. On the basis of these findings, the city planning commission re- commends to city council that Riley Boulevard and portions of Daleton Street be permanently vacated, discontinued and closed, provided that the necessary easements for public utilities be preserved, Respectfully submitted, S/ Werner £. Sensbach for Harold W. Hill, Chairman.' Hr. Rogers stated that he sees no connection whatsoever between the closin, of Riley Boulevard and a portion of Daleton Street and the widening of Bollins Road, that he feels his client will be willing to donate the necessary land for the Hollln Road widening project at the proper time if it does not interfere with plans for future development of its plant, but that he does not feel the city has a right to make this a condition to the closing of Riley Boulevard and Daleton Street. No one appearin9 in opposition to the request for the closing of the two streets, and viewers having previously reported that they are unanimously of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing same. Mr. Dillard moved that the following Ordinance be placed upon its first reading: (~149~?) AN ORDINANCE vacating, discontinuing and closlfl9 all of Riley Boulevard and a portion of Daleton Street, ~. E.. in the City of Roanoke. Virginia. WHEREAS, Johnson-Carper Furniture Company. Incorporated, has heretofore filed its petition before the Council of the City of Roanoke, ¥irginia. in accordanc~ with law. requesting the Council to permanently vacate, discontinue and close the following described streets: (1)All of Riley Boulevard. N. E., (from Hollins Road to Daleton Street. N. E.); and (2) Daleton Street, N. E., from its intersection with Riley Boulevard, N. E., in a northeasterly direction to a projection of the northwesterly line of Lot 6 of the W. C. Woods Subdivision of Section I of Riley Heights (approximately 200 feet from Bollin$ Road); of the filing of which said petition due notice was given to the public as required by law; and WHEREAS, in accordance with the prayer of said petition, viewers were appointed by the Council on the loth day of September, 1962. to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said portion of Daleton Street and all of Riley Boulevard; and WHEREAS. it appears from the written report of the viewers together with the affidavit required of them bylaw, both of which were filed with the City Clerk on the l?th day of September, lq62. that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing Riley Boulevard, N. E,. and said portion Of Daleton Street, N. E.; and WHEREAS, at its meeting on October 1, 1962, Council directed that a public hearing on said application be held on Monday, October 29, 1962, at 2:00 o*cl~ck. ~,m,o or as soon thereafter as the matter might be heard, in the Council Chamber in the Huaicipa! Onllding of the City, and that notice thereof be given by publication in "The Roanoke World-News,~ a daily newspaper, published in the City, at least fifteen days before the date set for the hearing; and WREREAS, a certificate from the publisher of said newspaper showing the due publication of said ~otice on the 12th day of October, 1962. has been filed in the office of the City Clerk. TIIEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that )ortion of Daleton Street, W. E., and all of Riley Boulevard, N. K., above described be, and they are hereby, permanently vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke and of the public in and to the same be, and they are hereby, released insofar as the Council of the City of Roanoke is empowered so to do, except that a public easement is hereby reserved for the Jmaintenance, repair and replacement of the storm drains, sewer and water lines and other municipal installations, if uny, now located in said streets. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directed to mark *VACATED* said Riley floulevard and the portion of Daleton Street above described on all maps and plats on file in his office on which said streets are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of Roanoke. Yirginia, a certified copy of this Ordinance in order'that the Clerk of said Court may make proper notation on all maps or plats recorded in his office upon uhich are shown said streets, as provided by law. and that if so requested by any party in interest, he may record the same in deed book in his office, indexin9 the same in the name of the City of Roanoke as 9rantor and in the name or names of any party in interest who may so request him as igrantee. The motion was seconded by Mr..Garland and adopted by {he following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller NAYS: None ...................O. (Mr. Young absent) STREETS AN~ ALLEYS: Council having continued a public hearing on the request of Mrs. 6race W. Taubman that that portion of Floyd Avenue, $. W., east of its intersection with Walton Avenue, be vacated, discontinued and closed, the matter was again before the body. In this connection, Mr. Harvey S. Lutins, Attorney, representing the petitioner, appeared before Council, pointing out that a committee appointed to study the matter has recommended that the eastern 300 feet, more or less, of Floyd Avenue be closed, leavinj 100 feet of frontage on Floyd Avenue for access to the property of the Heirs of the J. W. RcClaugherty Estate, and that he has drafted an Ordinance vacating, discontinuing and closing the eastern 29T.4 feet, more or less, of Floyd Avenue. Hr. John O. Cart, Attorney for the Heirs of the J. H. McClaugherty Estate, appeared before Council, protesting that the draft of Ordinance Babes no mention of the opposition of the Heirs of the J. W. HcClaughert! Estate to the proposed street closing and raising the question as to uhether or not the plat presented by Hr. Lutins conforms to the metes and bounds description contained in the proposed Ordinance, Hr. Cart voicing the opinion that the plat should be attached to and made a part of said Ordinance. After a discussion of the matter. Mr. Dillard moved that the hearing be continued until the regular meeting of Council on November 12, 1q62, in order that the attorney for the petitioner and the attorney for the opponents might get together and prepare an Ordinance mutually agreeable to both parties. The motion Has seconded by Mr. Stall*r, who relinquished the Chair, and unanimously adopted. PETITIONS AND COMMUNICATIONS: CLAIMS: A communication from Mrs. Lilllan McCaddefl, owner of property at IO1 Tenth Street, S. H., advising that the dMelling on her property was damaged when a man whose mother lives in the upstairs apartment of the house was arrested and requesting that the city make the necessary repairs to the downstairs apartment, was before Council. On motion of Mr. Pollard, seconded by Mr. Garland and unanimously adopted, the request was referred to the City Manager for a report to Council as to how the damage occurred, the extent thereof and an estimate of the cost. A~DITS-CITV TREASURER: A communication from Mr. J. Gordon Bennett, Auditol of Public Accounts for the Commonwealth of Virginia, transmitting a report on an audi~ of tbe accounts and records of the Treasurer of the City of Roanoke for the fiscal year ended June 30. 1962, and advisin9 that the examination disclosed that proper the records had been prepared in an excellent manner, was before Council. On motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted. the communication and report were ordered filed. BUDGET-COMPENSATION BOARD: Copies of budget requests for the calendar Revenue and City Treasurer to'the State Compensation Board. ~ere before Council. After a discussion of the matter, Mr. Stoller relinquished the Chair and offered tbe following Resolution: (~14988) A RESOLUTION requestin9 the Compensation Board of the C~mman- wealth of Virginia to grant no salary increases to any Roanoke City constitutional officer or deputy or employee in any such office for the year 1963. (Forfull text of Resolution, see Resolution Book No. 26, page 6.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: messrs. Dillard, Jones. Pollard, Stall*r, Wheeler and Vice Mayor Garland ............................... 6. NAYS: Hang .................O. (Mr. Young absent) REPORTS OF OFFICERS: BUDGET-TAXES: The City Manager submitted a written report, recommending that $600 be appropriated'for theTax Study Committee. Mr. Jones moved that Couocfl concur In the recommendation of the City Manager and offered the following emergency Ordinance: (Ul~g89) AN ORDINANCE to amend and reordain Section wi, 'Council*, of the 1962 Appropriation Ordinance, and providing for an emergency. WREREAS, 'for the usual daily operation of the Municipal Government of the City of Roanoke. an emergency is declared to exist. (For full text of Ordinance, see Ordinance Rook No. 26, page Mr. Jones moved the adoption of the OrdinanCe. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, J, nes, Pollard. Mheeler and Mayor Stoller NAYS: None ...................O. (Mr. Young absent) RUDOET-DEPARTMENT OF PCDLIC WELFARE: The City Manager submitted a written report, recommending that $3,~00 be appropriated to Accounts under Sectibn m154, "Refunds and Rebates,* of the 1962 budget, for the purpose of refunding various over-collected items, particularly refunds to the federal government for recovery oS relief costs. Mr. Jones moved that Council concur ia the recommendation of the City Manager and offered the following emergency Ordinance: (m14990) AN ORDINANCE to amend and reordaln Section ~154, ~Refunds and Rebates,* of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor 5toller NAYS: None ....................O. (Mr. Young absent) DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a written report advising that due to a change in procedure, the property used by the city for the storage and ~lstribution of surplus foods was vacated by the city October 10, 1962, and that the Norfolk and Western Railway Company has graciously agreed to let the city use certain properties located under the Walnut Avenue Bridge for this purpose, the City Manager recommending that the offer be accepted. Mr. Pollard moved that Council concur in the recommendation of the City, Manager and offered the ~ollbwtng emergency Ordinance: (=149gl) AN ORDINANCE accepting the offer of the Norfolk and Mesteru Railway Company to donate a leasehold interest in its quonset building NY-2430-B and 0.24 acre of land at Roanoke. Virginia, unto the City; authorizing the execution of the requisite lease; expressing Council's appreciation to said Railway Company for its generosity in authorizing such lease: and proriding for an emergency. (For full text of Ordinance, see Ordinance Rook No. 26, page O,) Mr, Pollard moved the adoption of the Ordinance. The motion uaw seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stoller NAYS: None ...................OR (Mr. Young absent) AIRPORT: The City Manager submitted a written report, recommending that Council adopt a Resolution authorizing an Asendment to Grant Agreement for Project No. 9-44-012-6111 (Contract No. FAI-331) at the Roanoke Municipal (Moodrnm) Airport by adding to the present project description the following words: "replace present 4KV poweF SeFvice with 12KV power service and install new second 12~V service to provide dual power.' Mr. Pollard moved that CounnJl concur in the recommendation of the City Manager and offered the following Resolution: (~14q92) A RESOLUTION authorizing the City ManageF and the City Clerk to execute, for and on behalf of the City, and, theFeafteF, the City AttoFney to certify an amendment to GFant AgFeement foF Project NO. 9-44-012-6111 (ContFact NO. FAI-331). (For full text of Resolution, see Resolution Rook No. 26, page q.) by Mr. GaFland and adopted by the following vote: AYES: Messrs. Dillard, GaFland, Jones, Pollard, Mbeeler and MayOF Stoller NAYS: None ...................O. (Mr. Young absent) AIRPORT: Council having previously requested the City Manager to secure Municipal Airport and the reasons therefor, he submitted the following FepOFt:. ~Rounoke, Virginia October 29, 1962 To the City Council Roanoke, Virginia Members of Council: At our regular meeting of Tuesday, SeptembeF 4, 1962, you directed that ! secure information concerning the reduction of flights in and out of the City of Roanoke and reasons therefoF. The reasons can be described as follows: 1. The withdrawal of the Auerican Airline services to Roanoke as of June 25, 1962. 2. Ybe two StFthes of Eastern Airlines, November 24, 1958 to January 4, 195g and June 25, 1962 to SeptembeF 12, !q62. 3. The replacing of Piedmont's DC-3 with F-2?s and Martin 404s. PFJOr to the enlargement of the Piedmont Airline schedule flights passed through Roanoke on flights to the four points: ¸52 When the route plans of the Piedmont Airlines mere ebanged, flights that previously passed through Roanoke enabling us to have excellent schedules Here re-routed~ Schedules that had Included Roanoke were altered by Piedmont and many flights non fly directly to the several cities giving much broader services to our cJtiaeoa bat not us frequent schedules. On several occasions Piedmont Airlines had approximately 40 flights a day through our City os compared oow with about 24. The Rartin 404 has 40 end the F-27 has 36 passenger seats as compared with 21 fa the DC-3s. ?he enlarged route and re- scheduling of flights provides more seats, service and connec- tions with additional cities but fe~er scheduled flights in and out of Roanohe. Respectfully submitted, S/ Arthur S. Owens City Manager" In a discussion of the matter, Mr. Pollard voiced the opinion that there and moved that the matter be referred to the City Manager for consultation with the Roanoke Chamber of Commerce and the Airport Committee appointed by Council to ascertain what. if anything, can be done to secure additional flights in and out of Roanoke. The motion was seconded by Mr. Jones and unanimously adopted. Mr. Jones then offered the following Resolutiofl assuring the Chamber of Commerce and the Airport Committee of Council*s cooperation in their endeavors to improve facilities and schedules at the airport; (414993) A RESOLUTION expressing this Council's appreciation to the Roanoke Chamber of Commerce and to Council's Airport Committee for their interest and assistance in the development of the Roanoke Runicipal (Woodrum) Airport and in improving air service, both passenger and freight, to and from the CitI; and assuring the aforesaid Chamber of Commerce and Airport Committee of this Council's purpose to co-operate in their reasonable future endeavors to assist in improving the facilities of and schedules to and from such Airport. (For full text of Resolution, see Resolution 6oak No. 26, page 10.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the follo~ing vote: AYES: Messrs.DJllard, Garland, Jones, Pollard, Wheeler and Mayor Stoller- NAYS: None ..................O. (Mr. Young absent) SYREE~S AND ALLEYS-SCtt00LS: Council havin9 referred the question of extending Ferflcliff Avenue, N. M., to serve the William Fleming High School, to the City Manager for an estimate of the cost of the project and advice to Council as to the present status of said project, he submitted a written report, advising that there are several alternate conditions for the extension of Ferncliff Avenue which mill vary in cost from $18,500 without water extensions to $5b,125 with water extensions and that he believes the financial position of the city is comparable today to what it mas at the beginning of the year when the request for the extension of Ferncliff AVenue was denied because of the cost and lack of funds, the City Managl submitting the following three different items of construction costs with the observl tion that approximately $4.500 would have to be included for the acquisition of land: '20' Macadam Excavation - 5,000.00 C.Y. e $1.00 Pavement & Base (20' wide) 5,000 S.Y. 9 2.50 Drainage: 2 C. B. ~ Connection to calvert Mater Total 30' Macadam Excavation 5,000 C.Y. ~ 1.00 Pavement ~ Base (30' wide) 7.500.00 S.Y. ~ 2.50 Drainage: 2 C.Bo ~ Connection to culvert Mater NEM FLEMING SCHOOL Excavation - 5.000 C.Y. @ $1.00 Pavement ~ Base - 7,500 S.Y. e 2.50 Curb ~ Cutter (concrete) 4.500 L.F. @ 2.50 Sidewalk ( 5 ft. wide) 22.500 S.F. @ .45 Drainage: 2 - C.B. ~ Connection to Culvert Mater $ 5,000.00 12,500.00 1.000.00 10-000,00 $28,500.00 5,000.00 18.750.00 1,000.00 I0,000,00 $34.750.00 5.000.00 10.750.00 11,250.00 10,125.00 $46,125.00 $56.125.00# In this connection, Mr. Earl M. Underwood, Jr.. President, William Flemin9 High School Parent-Teacher Association. Mrs. Roy V. Creasy. Mrs. M. B. Alexander. Mr. M. H. Eagle and Mr. J. Howard Woody appeared before Council for a discussion of the matter, particularly with reference to the acquisition of necessary land for extension of Ferncliff Avenue. The City Clerk presented communications from Mr. and Mrs. J. W. Belcher and Mrs. Homer S. Peck. Jr.. urging that Ferncliff Avenue be extended. After a discussion of the matter. Mr. Jones moved that a committee be appointed to negotiate with the owners of land required for the extension of Ferncliff Avenue. The motion was seconded by Wr. Dillard and unanimously adopted. Mayor Stoller appointed Messrs. James E. Jones. Chairman, Robert A. Garland. Earl M. Underwood, Jr.. M. H. Eagle, J. Howard Moody. Mrs. Roy ¥. Creasy. and Mrs. M. B. Alexander as members of the committee. TRAFFIC: Council having previously referred a request of the Mount Pleasant Civic Club for certain improvements on Mount Pleasant Boulevard, S. E., and Bandy Road, S. E., to relieve traffic hazards in bad weather to the City Manager for study and report, he submitted a written report, advising that the brush and trees on both sides of Mount ~lea~ant Boulevard, S. E., and Bandy Road, S. E., have been cut back; that repairs on the wooden bridge on Bandy Road have been started and should be completed in two or three weeks; that the drainage situation in the 2200 and 2300 blocks of Mount Pleasant Boulevard will be taken care of in the next week or two; and that a guard rail will be installed on Mount Pleasant Boulevard in the near future as soon as the work on th~ bridge is completed. On motion of Mt. Garland, seconded by Mr. Mheeler and unanimously adopted, the report was ordered filed. FIRE PBOTECTXON-WATER DEPAR~WENT: Council having previously referred to the City Manager for study, report and recommendation a ~equest of Mr. H. B, Wade. Jr., District Engineer for the Office of the State Fire Marshal, that charges made by the ~ater Department iA connection with the installation and operation of automatic' sprinkler systems on private, property be redoced, he submitted a mrittee report, adrising that it is obvioos that the policies and charges of Roanoke are consistent wl~b other Tlrginla cities and that he is ~f the opinion that when the individual or corporation installs this type of service it is for private interest and although commendable there are rem cases in ubich installations are made for the pablic*.s general benefit; therefore, he does not recommend any change In the Installation cost or charges now made by the City of Roanoke for such services. Hr. Dill'ard moved that the report of the City Ranager be approved and filed. The motion was seconded by #r. Garland and unanimously adopted. CITY AUDITOR: The City Auditor submitted a monthly statement of the receipts and disbursements of the City Of Roanoke for the fiscal period commencing September i, 1962. and ended September 30. 1952. On mo*lDO of Rt. Jones. seconded by Mr. Nheeler and unanimously adopted. the statement was ordered filed. SEWERS AND STORM DRAINS: The City Attorney presented the following report with reference to permitting Associated Transport. Incorporated. to "slant drain" water from real estate it proposed to acquire onto city-owned property: "October 22, 1962 The Honorable the Council of the City of Roanoke Gentlemen: At your regular meeting of 'October Otb. you directed ne to prepare a resolution expressing the Clty*s willingness for Associated Transport. Incorporated, to 'slant drain* surface water from real estate it proposed to acquire onto the 12.93 acres adjacent thereto, owned by the City; both properties being located in the immediate vicinity of the Roanoke Munici- pal (Woodrum) Airport, provided all reasonable engineering measures were taken to prevent the concentration of such water on the City*s property. Shortly after receiving such directive, I learned that Associated Transport, Incorporated, mas losing interest in acquiring the property under consideration. However. I in- formed that corporation's attorney, Mr. A. Lin~ood Rolton, Jr., that I had been directed to prepare such resolution and ~ould do so as soon as the acquisition of the property by his client became a certainty. I have recently learned, as I am sure each of you has. that Associated Transport, Incorporated. is no longer interested in acquiring that real estate. Hence, I shall prepare no such resolution. Respectfully. S/ Ran G. Rbittle City Attorney" On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted. the report ~as ordered filed. In this connection, Mr. Wheeler voiced the opinion that it is important that Associated Transport. Incorporated, stay ia the Roanoke area and offered the following Resolution: {u14994) A RESOLHTIO~ expressing this Council*s continued interest in Associated Transport, Incorporated, locating a terminal in the City, or in the vicinity thereof, and assuring said corporation, should it conclude to locate a terminal in this vicinity, of this Councllts willingness to render it all reasonable usilstance. (For full text of Resolutioo, see Resolution nook No. 26, page 11.) Rro Mheeler moved the adoption of the Resolution. The motion was seconded by Hr. Dillard and adopted by the following vote: AYES: Ressrs. Dillard. Garland. Jones. Pollard, Wheeler and Rayor Stoller, NAYS: NGue ...................O. (Mr. Youn9 absent) On motion of Mr. Dillard, seconded by Rt. Garland and unanimously adopted, Councilman James E. Jones and Rt. Arthur S. Owens, City Ranager, were designated as representatives of the city to present the Resolution to the proper officials of Associated Transport, Incorporated. ZONING-STREETS A~D ALLEYS: Council having previously referred to the City Planning Commission for study, report and recommendation the question of establishin a setback line in the vicinity of RelFose Avenue (U.S. Route 460) and Peters Creek Road (Route 117), N.M., the City Planning Commission submitted the following report: #0ctobeF 23, 1962. The Honorable Murray A. Stoller, Mayor. and Members of City Council, Roanoke, Virginia. Gentlemen: City Council, in a communication of April 11. 1962. had asked the City Planning Commission for recommendations in regard to the establishment of setback lines on certain sections of Peters Creek Road. This matter was discussed in several previous meetings. Finally, at its meeting of October 17. 1962 sufficient technical information was available to study the feasibility of this proposal at greater detail. After thorough consideration of the problem, the Planning Commission and the City Engineering Department concluded that it was imperative that setback lines be established due to the recent improvements and the anticipated growth along this thoroughfare. It is felt that provisions should be made now to assure visibility on the highway to minimize traffic hazards and eliminate overcrowding of buildings in order that a spacious and open development can occur. The City Planning Commission recommends to city Council that Plan No. 4761 prepared in the City Engineering Department be approved to establish setback lines on the west side of Peters Creek Road from Melrose Avenue to HershbeFgeF Road 42.5 feet from the centevline of the southbound lane; and on the east side of Peters Creek Road from Melrose Avenue to Jlershberger Road 42.$ feet from the centerline of the northbound lane. Respectfully submitted, S/ Werner K. Sensbach for B.N. Eubank, Yice-Chairman." Mr. Wheeler moved that a public hearing on the matter be held at 2:00 p.m. November 26, 1q62. Yhe motion was seconded by Mr. Dillard and unanimously adopted. ZONING: Council having previously referred to the City Planning Commissio for study, report and recommendation a request of Mrs. George W. Holcomb, Sr., that property located on the north side of Memorial Avenue, S. W., west of Roanoke Avenue described as Lots 12. 13 and 14. Block 2. Virginia Heights, Official Tax Ho. 1322709 be rezoned from Special Residence District to Business District, the City Planning Commission submitted the following report: 'Oetnber lO, 1962. The Honorable Murray A. Stoller, Mayor, and Members of City Council, Roanoke. Virginia. In its meeting of October 17, 1962, the city planning com=issJon considered the above request for reznnlng. Mrs. Dolcomb appeared and stated that the house which she now occupies is too large and she wishes to sell and move into a smaller house. She Is of the opinion that her property would be easier to sell if it were rezoned. In studylng this request, the planning commission referred to maps of existing land use depicting the present status of the general area and found that this property is completely surrounded by residential properties; therefore, resorting would constitute "spot" senior which is contrary to public interest· The use of this property for business purposes would undoubtedly accelerate the deterioration of residential properties in this are considerably and ~ould. in addition, create a traffic hazard at the point of access to Memorial Hrldge. The city planning commission therefore recommends to city council to deny the rezoning of the lots described above. Respectfully submitted, S! Merner K. Seflsbach for B. H. Eubank, Vice-Chairman.' In this connection, the City Clerk presented a communication from Mrs. Ilolcomb. asking that her request for resorting be withdrawn. On motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted, the request for rezonin9 was ~ithdra~n. REPORTS OF COMMITTEES: RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Council having previously referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Arthur S. Owens. and John L. Wentworth for tabulation and report bids received on the construction of an addition tn the Jackson Park Community Center. the committee submitted a written report, advising that the firm of Waldron and Waldron was the low bidder in the total amount of $14,964 and recommending that a contract for the projec~ be a~arded to Waldron and Waldron. Mr. Dillard moved that Council concur in the recommendation of the (~14995) AN ORDINANCE accepting the proposal of Maldron 6 Maldron. Contractors, for construction of addition to Jachson Park Community Center; authorizing the proper City officials to execute the requisite contract; rejecting the other bid; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 26, page Mr. Dillard moved the adoption Of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones. Pollard. Wheeler and Mayor StolleE NAVS: None ...................O. (Mr. Young absent) UNFINISHED BUSINESS: NOr~E. CONSIDERAVION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUSES: Ordinance No. 14986, prohibiting smohing in bases and providing a penalty for violation of the Ordinance, having previoosly been before Council for its first reading, read and laid over, was again before the body, Mr. Stoller relinquishing the Chair and offering the followin9 'fSr its second reading and final adoption: (=1498b) AN ORDINANCE to amend Chapter 6. 'Miscellaneous Offenses' of Title IXIII. *Misdemeanors and Offenses* of The Code Of the City of Roanoke, 19§6, by adding a new section to said chapter, said section being Sec. 24 and captioned 'Smoking in busses prohibited; notice to this effect to be posted.* (For foil text of Ordinance, see Ordinance Bock No. 26, page Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AVES: Messrs. Jones, Pollard, Stoller, Nheeler and Vice Mayor Garland .... NAYS: Mt.Dillard ............1. (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: LICENSES: Mr. Garland pointed out that Council has repeatedly turned down requests of merchants for a reduction in their license taxes, but. in his opinion, there are other ways Council can help the local merchants and tbat Js in the strict enforcement of license taxes for door-to-doer salesmen, Mr. Garland stating that a surprising amount of merchandise is sold by thse people in the say of cosmetics, jewelry, household items. Christmas cards, etc., and that he feels every effort .57 In a discussion of the matter, Mr. Dillard ttated that he cannot see the necessity for employing an outside expert, that he feels the City Attorney is qualified to prepare the Ordinance. The City Attorney replied that he feels his office is qualified to put the Ordinance Into proper legal shape after Council determines mbat it wants in such an Ordinance, but that he does not feel his office is qualified to draft such a measure. Mr. Werner E. Sensbach, Director of Planning, stated that his office does not have the time to complete such an Ordinance and that it is such a specialized job he feels it Is most advisable to call in a consultant for this purpose. Mr. J. D. Lawreoce, a member of the City Planning Commission, pointed out that Mr. Sensbach is a specialist in the field of planning, not zoning, and that he feels the time has come to employ a zoning consultant to complete the Ordinance as drafted. After a lengthy discussion of the matter, Mr. Pollard offered the followin emergency Ordinance appropriating $2,500: (#14995) AN ORDINANCE to amend and reordain Section alSO, "Planning Commission,* of the 1962 Appropriation Ordinance, arid providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page Mr. Pollard moved the adoption of the Ordinance. The motion ~as seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard, Carlaud, Jones, Pollard, Wheeler and Mayor Stoller NAYS: None ...................O. (Mr. Young absent) WARS-CIVIL DEFENSE: Mr. Stoller relinquished the Chair and moved that he be authorized to bring up a matter concerning the Cuban crisis which is not on the agenda. Yhe motion was seconded by Mr. Jones and unanimously adopted. Mr. Stoller then offered the following Resolution expressing support of the President of the United States in the Cuban crisis and confidence in the local Civil Defense organization: (~14997) A RESOLUTION expressing support of the President of the United States in the Cuban crisis and confidence in our local Civil Defense organization. (For full text of Resolution. see Resolution Book No. 26. page 14.) Mr. Stoller moved the adoption of the Resolution. The motion mas seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard, Jones, Pollard, Stoller, Rheeler and Vice Mayor Garland ............................... NAYS: None .................O. (Mr. Young absent) BUDGET-FIRE DEPARTMENT: The City Manager reported verbally that due to several expensive purchases for the Air Force Crash Truck the Fire Department Apparatus Account has been depleted to a point where there are not sufficient funds for normal operating expenses and recommended that SDO0 be transferred from Supplies to Maintenance of Apparatus under Section g62, 'Fire Department* of the 1962 budget. Mr. Dillard moved that Council concur in the eecouaendation of the City Manager and offered the folloming emergency Ordinance: (e14996) AM OR6INAHEE to amend and reordnin Section e62, 'Fire Department. of tbe 1962 Appropriation Ordinance. and providing for an emergencl. (For full text of Ordinance, see Ordinance Rook No. 26, page 14,) Mro Dillard moved the adoption of the Ordinance. The motion nas seconded by Mr. Mheeler and adopted by the follouing vote: AYES: Hessrs. Dillard. Garland, Jones, Pollard. Mheeler and Mayor Stoller- ........................................ 6. NAYS: Hoo~ ................... O. (Mr. Young absent) On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the meeting was adjourned. APPROVED COUNCIL, R~GULAR MEETING Monday. November 5, 1962 The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, November 50 1962, ut 2 p.m., the regular meeting hour, with Mayor St*lief presiding. PRES£NT: Messrs. Dillard, Garland, Jones, Pollard. Wheeler, Young and Mayor St*lief .............................. ABSENT: None ....................O, OFFICERS PRESENT: Mr. Arthur B. Owens, City Manager. Mr. James N. Kincaeon, Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: Ybe meeting was opened with a prayer by the Reverend W. D. Nunley, Pastor, New Hope Christian Church. MINUTE.5: Copy of the minutes of the regular me*tin9 held on Monday. October 2g. 1962. having been furnished each member of Council. on motion of Mr. Wheeler, seconded by Mr. Garland and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZEN~ UPON PUBLIC ZONING: Mr. T. L. Plunk*ti, Jr** Attorney, representing the Oaklane Corporation. appeared before Council and presented a communication, requesting that 9.50 acres of a tract of land located on the south side of Hershberger Road. N. east of Hazelridge Road. designated as Official Tax No. 21U0901. be rea*ned from General Residence District to Special Residence District. Mr. Plunkett explaining that the property in question has been purchased by the Church of the Brethren Il,me for the Aged. Incorporated. for the construction thereon of living accommodations. On motion of Mr. Jones, seconded by Mr. Dillard and unanimously adopted, the request was referred to the City Planning Commission for study, report and :*commendation to Council. PETITIONS AND COMMUNICATIONS: CITY EMPLOYEES: A communication from the International Brotherhood of Electrical Workers. Local Union No. 637. asking that Council reconsider the request of the Roanoke Fire Fighters Association and the Roanoke City Workers Assooiation that the City Auditor be directed to make payroll deductions for membership fees in the two organizations, was before Council. On motion of Mr. Garland, seconded by Mr. Young and unanimously adopted, the communication was ordered Piled, BUDGET-COMPENSATION BOARD: Copy of the budget request for the calendar year 1963 from the Clerk of the Courts to the State Compensation Board, was before Council. On motion of Mr. Dillard. seconded by Mr. Garland and unanimously adopted. the matter was referred to 1963 Budget Study. {! CITY CHARTER-BUDGET: Section 33 of the Charter of the City of Roanoke having been amended to provide for the appointment of a Budget Commission to prepare and submit to Council sixty days prior to the end Of the fiscal year a balanced proposed annual budget for the ensuing year, the followinG communication from the Comwfssfon was before Council: *October 31, 1952 The Council of the City of Roanoke Roanoke, VirGinia Gentlemen: In accordance with Section 33 of the Charter of the City of Roanoke, there was this year appointed for the first time a Budget Commission, This Commission consisted of Mayor Murray A, Stoller, City ManaGer Arthur S. Owens, City Auditor J. Robert Thomas, and four citizens, Messrs. Jonas G. £11er, Byron A, Hicks, Hamilton M, Redman, and Julian H, Rutherfoord, Jr. The citizen appoint- ments were made by former Mayor Nillis M, Anderson who served until September l, 1962. Mayor Stoller wishes to acknowled§e the dedicated service of these City officials and citizens who have devoted a large portion of their time in many all-day sessions and half-day sessions in the consideration of the budget, particularly during the last two months. At the Budget CommissJon*s request, the City Auditorts Office prepared new forms designed to elicit more information for those studying budget requests. Copies of the budget manual containing these forms bare previously been furnished Council. The Auditorts Office also assembled the budget requests into worksheets for consideration by the - Commission. The procedure of the Commission follows: Each department, office, or division was separately considered. Nhere appro- priate, the department head and Other officials appeared in person to present the budget, Commission members interrogated the department head and other officials and discussed individual needs in light of the overall financial picture of the City. Each department, office, or division was Given tentative approval of an operatinG budget and an equipment budget, Capital requests sere assembled. Estimated revenues were tabulated and it became clear to the Commission that capital requests other than those already committed by Council would have to be deferred. We recommend that uncommitted requests be sent to the City Planning Commission for recommendations of priorities and programming. It also became clear to the Commission that the school budget would have to be reduced to conform with expected revenues, This bas been accomplished. The other departmental requests were also reviewed and reduced to conform with a tax increase which the Commission believes will be acceptable to the tax-payers, The budget as submitted Is a realistic budget, It may be termed a *housekeepings budget, for it does not commit the City to bold financial moves. It is believed that in the first year of experience with an unfrozeu tax rate, a limited increase would be most appropriate. The Commission is of the opinion that the budget now submitted to Council is one which will adequately finance City operations for lgba, It is an economical budget, to be sure, but can be efficiently administered to provide the Governmental services necessary. The Commission recommends that the City live within the revenues provided by this budget. Mayor Stoller recommends that the Commission be continued u~til June 1, 1963, and interim appropriation requests referred to it on a monthly basis by the Council. This uould help the City to live within its income. MR. ONENS DOES NOT AGREE ~ITB THIS RECOMMENDATION. The Budget Cowmisslon submits herewith its proposed budget for the fiscal year 1963, The Budget is divided into fire parts as follows: 1. General Operations 2. General Capital School Operations 4, Water Department $. Sewoge Treatment Department The following tables show the gross appropriations as submitted to the Commission end as approved and proposed to the Request Approved General Operations 10,543.102,34 9,921,61D.74 General Capital 3,412.007o00 2.355,?00.00 School Operations Bt689,348.20 8,238.82D,24 Operations 1,273.612.19 1.273,b12.19 Capital 65t,000.00 651,000o00 Replacements ISO,O00tO0 150,O00tO0 Total 2~O?4,612tlq 2tO?4tG12t19 Operations 477,314.84 477,314.84 Capital 1,090.00 1,090.00 Total 4gBs404tO4 4qB~404~84 Decrease ( 621,283,60) (1,056,307.00) ( 450,51q.96) Each of the budget divisions show the details of appro- priations by item and estimated revenues. They also have lists of personnel included in the recommended appropriations. Ad valorem tax requirements for the General and School budgets are summarized ia an annex hereto. The Water and Sewage Treatment Departmeuts are supported from the revenue generated by the departments. The Commission recommends that the "temporary" utility and personal property rate increases be continued for another year iu order to provide the revenues necessary for the operation of the City. Respectfully submitted, S/ ~urray A. Stoller Rurray A, Stoller, Chairman S/Arthur S. O~eus Arthur S. Owens S/ J. Robert Thomas J. Robert Thomas S/ Jonas G. Eller Jonas G. Eller S/ Byron A. Bicks Byron A. Hicks S/ Hamilton H. Redman Hamilton H. Redman S/ Julian H. Rutherfoord, Jr. Julian B. Rutherfoord, Jr, mir Annex ~1 attached ' Consolidated Statement Estimated Assessed Values and Levy Proposed Budget Operation Capital School Estimated Miscellaneous Revenue Funds needed from Ad valorem taxes Tax rote necessary $3.63 Assessed Values Real Estate 162,147,499.00 Personal Property 36,867.991.00 Public Service 22,225t047,00 *Reserve for uncollectibles *Reserve based on estimated percentage of collections using 1961 as a guide, Levy 5.B85.954.21 1,338,308.07 B06,769,20 B.031,031o48 782,740,50 9,921,818.74 1,605,700.00 8,238,828t24 19.T66,346.98 12fSlfl,056,00 T,24B,290,go 7.248.290.98 In a discussion of the matter, Mayor Stoller pointed out that if Council accepts the recommendations of the Budget Commission the body can save itself a lot of work. however, he feels sure Council will want to exercise its prerogative and go over the budget before its final adoption. Mr. Young moved that the City Attorney be directed to prepare the proper measure thanking the members of the Budget Commission. particularly the citizen members, for their hard work in preparing the proposed budget. The motion was seconded by Mr. Jones and unanimously adopted. ~tth further reference to the matter, Mr. Young stated that he has not had tim~ to study the proposed budget as yet and moved that it be received and taken under advisement and that Council later set a date to discuss some features thereof which may not be clear to the members of the body. The motion was seconded by Mr. Pollard and unanimously adopted. Mayor St*lief then relinquished the Chair and moved that the Budget Commission be continued until June 1, 1963, and that interim appropriation requests be referred to the Commission on a monthly basis by Council. The motion was seconded by Mr. Young. In a discussion of the motion, Mr. ~heeler stated that he does not see any ~oint in continuing the Budget Commission until June 1. 1963, and that he feels that ~ach year different freehold citizens should be appointed as members of the Budget Commission in order that more citizens might have the opportunity of familiarizing ~hemselves with City Government. Mr. Dillard pointed out that under the Charter amendment the Budget Commission served its purpose when it submitted its report. Annex .64 In reply to a request of Mr. Jones as to the views of the City Manager on this matter, the City Manager advised that the Charter amendment makes no provision for continuation of the Commission and that It mould be acting In an advisory capacity only, that he feels the members of Council were elected to handle the finances of the city and that it is their responsibility, After a further discussion of the matter, Mr, Pollard stating that he does not feel the question should be acted upon at the present meeting of Council and proposing to offer a Substitute motion to table the matter until the body has had an opportunity to give further consideration theretoi Mr, Stoller, mlth the consent of Mr. Young, withdrew bis motion and resumed the Chair, BUDGET-SCHOiILS: A communication from the Forest Park Parent-Teacher Association, advising that the Association supports the Roanoke City School Board in its position not to raise school lunch prices, was before Council. On motion of Mr. Wheeler, seconded by Mr. Dillard and unanimously adopted, the communication was referred to 1963 Budget Study. BUDGET-SCHOOLS: A communication from tbe Forest Park Parent-Teacher Association, recommending that the 1963 School Budget be approved in the amount Of $7.553,9~4, was before Council, On motion of Hr. Dillard. seconded by Mr. Garland and unanimously adopted, the communication was referred to 1963 Budget Study, REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a written report, recommending that a total of $4,250 be appropriated to Supplies under Section a54, *City Home,* Of the 1962 budget, for laundry, medicine and cleaning supplies. In this connection, Miss Bernice F. Jones, Director of Public Melfare, appeared before Council and explained the reasons for the requested appropriation, Miss Jones pointing out that it no~ appears revenues from the operation of the City Home, which were previously estimated at SOO,OOO, sill be approximately $100,000, After a further discussion of the matter, Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the follo~in0 emergency Ordinance: (g1499g) AN ORDINANCE to amend and reordain Sect/on :54, 'City Home,' Of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 15.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ......................................... ?. NAYS: None ...........................O. BUDGET-SIDEWALK, CURB AND GUTTER-STREETS AND ALLEYS: The City Manager submitted a written report, recommending that Council consider reducing the 1963 appropriation for sidewalk, curb and gutter construction from $100,000 to $50,000 and increasing the 1963 appropriation For blacktop from $100.OOO to $150,000. On motion of Rr, Carload, seconded by Mr, Jones and nuanimoeslf adopted, the motter was referred to 1963 Rndget Study, AIRPORT: The City Reneger submitted a written report, recommending that the lease of the Federal Government for Heather Dureau quarters in the Adminis- tration Ruilding at the Roanoke Municipal (Ho*drum) Airport be renewed for a period of ten years beginning Jely l, 1962, at a rental of $1,00 per aonnm and $1,401,g6 per annum for certain services and facilities. Hr. Jones moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (ulSO00) AN ORDINANCE authorizing the execution of a lease between the City of Roanoke and the United States of America. HHEREAS. the United States of America. Department of Commerce. ~eather Bureau. has prepared and tendered the City for execution a lease more fully described in the ordaining clause hereof, which said lease both the City Manager and the Manager of the Roanoke Municipal (~oodrum) Airport have recommended that th* proper City officials be authorized to execute, for and on behalf of the City, and in which recommendation this Council concurs, THEREFORE. 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, respectively. to execute and attest, for and on behalf of the City of Roan,he. Lease Contract No. C1wb-2665 between the City of Roanoke and the United States Of America. Department of Commerce. Neather Bureau. dated the 23rd day Of October. 1962. pursuant to which the City leases unto the government the space and installations therein described at Roanoke Hunicipal (Woodrum) Airport. from July 1. 1962. to June 30. 1963. at a rental of $1.OO per annum and $1,401.g6 per annum to pay fo~ the specified services and facilities mentioned in said lease, with the right reserved unto the federal government to renew said lease from year to year. provided that no renewal shall extend the period of occupancy beyond the 30th day of June. 1972. and which said proposed lease is presently on file in the office of the Gity Clerk. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Wheeler. Young and Mayor Stoller ................................... ?. NAYS: None ...........................O, DEPARTMENT OF PUBLIC ~ELFARE:~ The City Manager submitted a written report advising that Section 63-53.1 of the Code of Virginia provides for the appointment of an Advisory Board for the Department of Public ~elfare and that he believes such a board should be created in order to more clearly familiarize the general public with the welfare program, the City Manager suggesting tiler the board be limited to five members including representatives of the clergy, attorneys, physicians, social agencies and any other groups which Council might deem suitable. After a discussion of the matter, Mr. Garland moved that the question be taken under consideration. The motion was seconded by Mr. Wheeler and unanimously adopted. REPORTS~ The City Manager submitted a writtem report, treasmittiog a report of the Depertmeot of Public Welfare for the mooth of September, 1962, and littin9 monthly departmental reports Do file la his office° Om motion of Mr, Carlaod, tecoeded by Mr, Wheeler and uaaoimootly adopted the report mas ordered filed. REPORTS OF BRIDGES: Cooncil having referred to a committee composed of ~essrs. Walter L, Voung, Chairmano-Arthar S, Owens and John Lo ~entworth, for study, report and recommendation, the bid of Pollard Pools, a Division of Pollard Construction Company, Incorporated, on the renovation of bridge walks and hand rails with air- placed concrete on the Jefferson Street Bridge over the Norfolk and Western Railway Company tracks, the committee submitted the fotlomlng report: "Roanoke. Virginia October 31, 1962 To the City Council Roanoke, Virginia Members of Council: On October 0. 1962, a progress report was submitted to you by your committee fn connection with the repairs to the Jefferson Street Bridge over the Norfolk and Western tracks, In that letter, it Mas stated that the committee felt that the matter should be discussed with Pollard Construction Company, the low bidder, in an effort to accomplish the necessary work on that bridge, and to stay within the $10~000 allocated in the Budget for CootractOFS. This now has been done. It is recommended that the Department of Public Works be authorized to negotiate with Pollard Construction Company on a daily rental basis for the necessary equipment to accomplish the job, and that the sum of ST,SO0 be appropriated to cover same. In this connection, it is proposed that City forces be used to - remove.the old concrete and make same ready for the repair WOrk, The committee feels that the appropriation requested herein will be adequate to effect the necessary repairs to the Jefferson Street Bridge. Respectfully submitted, S/ Walter L. Young Mailer L. Young, Chairman S/ Arthur S. Owens Arthur S. Owens S/ Jno. L, Wentworth Jno. L. Wentworth" After a discussion of the matter, Mr. Young pointing out that the $?,500 can be charged to the SIO,O00 already in the budget, Hr. Garland moved that Council concur in the recommendation of the committee and offered the following Resolution: (~ISO01) A RESOLUTION conditionally anthortztn9 the City to obtain from Pollard Construction Company, on a daily basis, the necessary equipment and personoe to operate the same with mhich to make required repairs to the Jefferson Street Bridge. (For full text of Resolution, see Resolution Book No, 26, page 15.) Mr, Garland moved the adoption of the Resolution, The notion mas seconded by NFo #heeler and adopted by the following.vote: AYES: Bessrs, Dillard, Garland, Jones, Nheeler, Young and Mayor Stoller ............... ~ ................. 6. NAYS: None ...................O. (Br. Pollard not voting) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No, 149B?. vacating, discontinuing and closing all of Riley Boulevard and a portion Of Daleton Street, N. E** having previously been before Council for its first reading, read and laid over, nas again before the body, Mr. Nheeler offering the following for its second reading and final adoption: (~14907) AN ORDINANCE vacating, discontinuin9 and closing all of Riley Boulevard and a portion of Daleton Street, N. E.. in the City of Roanoke, Virginia, (For full text of Ordinance, see Ordinance Book No. 26, page 16.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ................................... 7. NAYS: None ...........................O. MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET: Mr. J. E. Fogle appeared before Council and objected to the recommendation of the Budget Commission that the utility and personal property tax increases be continued for another year, Mr, Fogle pointing out that the Council which levied the increase at the beginnin9 of the year committed itself to dropping the increase at the end of the year. Mr, Fogle also voiced the opinion that sufficient funds should be included in the School Budget for 1963 to provide for a salary increase for teachers. On motion of Mr, Dillard, seconded by Br. Wheeler and unanimously adopted. the meeting was adjourned. APPROVED ATTEST: Mayor ¸68 COUNCIL. REGULAR BEETING, Monday, November 12, 1962. The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Building. Monday. November 12, 1962. et 2 p.m.. the regular meeting hour. mith Mayor Stoller presiding. PRESENT: Messrs. Dillard, Garland, Jones, Pollard, Rbeeler. Young and Mayor Stoller .............................. 7. ABSENT: None .................... On OFFICERS pRESENT: Mr. Arthur S. O~ens, City Manager, Mr. James N. Wineano Assista~t City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened ujth a prayer by Br. ~. B. Bealy, Pastor, First Presbyterian Church. MINUTES: Copy of the minates of the regular meeting held on Monday, November 5, 1962, having been furnished each member of Council. on motion of Mr. ~heeler, seconded by Mr. Garland and unanimously adopted, the reading thereof Mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UpON pUBLIC MATTERS: WATER DEPARTMENT: Pursuant to notice of advertisement for bids on standpipe and appurtenances for expansinn of the Uelray Water System consisting of designing, manufacturing and erecting a 60-foot diameter, lO0-foot high steel standpipe under Contract 'A"; constructing a 63-foot diameter concrete standpipe foundation, a reinforced concrete valve vault, piping and appurtenant work under Contract #B'; and manufacturing and delivering a 12-inch altitude valve for a 2 BG standpipe under Contract *C'. said proposals to be received by the City Clerk until 1:30 p.m., Monday, November 12, 1962, and to be opened at 2 p.m.. before Council, Mayor Stoller asked if there vas anyone present who did not fully under- stand the advertisement, if there was anyone present who had been denied the privilege of bidding, of if there ~ere any questions about the advertisement anyone ~ould like to ask, and no representative present raising any question, the Mayor instructed the City Clerk to proceed ~ith the opening of the bids; whereupon, the City Clerk opened and read the follo~ing bids: Contract "A# Pittsburgh-Des Boines Steel Company Fisher Tank Company Graver Tank ~ Manufacturing Company Bethlehem Steel Company Chicago Bridge ~ Iron Company Richmond Engineering Company, Inc. Contract "B" H. ~ S. Construction Company ~tley N. Jackson Company J. B. Turner & Company. Inc. Contract 'C# Allis-Chalmers Manufacturing Company Chapman Valve Manufacturing Company Willamette Iron and 3teal Company $ 97,470 117,000 103,031 116,000 97.360 - 101,021 - 38,500 - 39.700 - 34,000 3,055 (Cone valve) 2,210 (Cone valve) 2,30U (Ball valve) On motion of Hr. Young, seconded by Hr. hheeler and unanimously adopted, the bidsmere referred to · committee composed of Ressrs. Denton O. Dillard, Chairman ~rtbur S. Ouees..John L. Nentmorth and Raymond E. Pillo~ for tabulation and report to ~ouncii, the City Attorney to prepare the proper measures accepting the proposals of the lowest responsible bidders under each Contract. STREETS ANG ALLEYS: Council having continued a public hearing on the request of Mrs. Grace N. Ta~bmnn that that portion of Floyd Avenue, $. M** east of its intersection with Relies Avenue, be vacated, discontinued and closed, until the present meeting, in order that the Attorney for the petitioner and the Attorney for the opponents might get together and prepare an Ordinance mutually agreeable to both parties closing the eastern 297.4 feet, more or less, of Floyd Avenue and leaving lO0 feet of frontage on Floyd Avenue open for access to the property of the Heirs of the J. W. McClaugherty Estate. the matter sas again before the body. Mr. John D. Cart, Attorney, representing the Heirs of the J. N. RcClaugher~i! ~$tate, appeared before Council and stated that if Council insists upon adopting an ~rdinance closing the eastern 297.4 feet, more or less. of Floyd Avenue, he ~ould like the ~ords ~the northeast corner of~ deleted from the metes and bounds description; reference made to the plat as being on file in the Office of the City Clerk; and a aragraph included in the Ordinance indicating the opposition of the iteirs of the J. R. McClaugherty Estate to the street closing. In a discussion of the matter, the Assistant City Attorney pointed out that' the paragraph requested by Mr. Cart sets forth that the Heirs of the J. ~. icClaugher Estate have stated that they have not received notice as required by Virginia Code. Section 15-766, and required by law of the proposed street closing and that although he has not had an opportunity to study the proposed Ordinance there is sene question in his mind as to the validity of the Ordinance should it be adopted with such an assertion contained therein. Mayor Stoller voiced the opinion that such an assertion,is merely an allegation. Mr. Harvey $. Lutifls. Attorney, representing Mrs. Taubman, stated that he wishes to go on record as being opposed to the changes in the draft of Ordinance he has prepared as proposed by Mr. Cart. Mr. t'ollard moved that Council concur in the changes requested by Mr. Cart and that the following Ordinance. including said changes, be placed upon its first ~eading: (~15002) AN ORDINANCE vacating, discontinuing and closing a portion of Floyd Avenue. S. W., in the City of Roanoke. 297.4 feet, more or less, that constitnt( the easternmost portion of Floyd Avenue, S. ~.. hereinafter more particularly tescribed. WHEREAS. Grace ~. ~aubman has heretofore filed her petition before the ~ouncil of the City of Roanoke, Virginia, in accordance ~ith the la~, in ~hich said petition she requested said Council of the city of Roanoke to vacate, discontinue and close ri'certain portion of Floyd Auenne, S. K.. In the City of Rnnuoke, 297,4 feet, more or less. that constitutes the easternmost portion of Floyd Avenue, S. ~., of the filing of which said petition due notice mas given to the public, as required by la#, nard portfon of Floyd Avenue, S. R.. being described as follows: BEGINNING at Corner I on the south side of Floyd Avenue, S. 50 ft. wide, On the northerly line of the J. I. ¥cClaugherty Estate property of record in the Clerk*s Office of the Circuit Court for Roanoke County, Virginia. in Deed Book 217, page 360, said point being S. 77 deg. 02' E. 100.0 ft. frae **** Lot 3, Block 5, Nap of Section 2, ~asena Hills, of record fa the Clerk*s Ofilce of the Hustings Court for the City of Roanoke, Virginia, in Map Book 1, Page 98; thence with a new line across Floyd Avenue, S. ~., N. 12 deg. 5~' E., 50.0 ft. to Corner 2 on the southerly line el the Grace ~. ~aubman property; thence with the southerly line of the same and aith the northerly line of Eloyd Avenue. S. ~.. S. 77 deg. 02' E. 128.15 ft., more or less to Corner 3; thence continuing with the southerly line of the ~aubman property, S. bo dug, 45' E., 176.5 ft. to Corner 4 on the northerly line of the J. N, lcClaugherty Estate property: thence with the same, and with the southerly side Of Floyd Avenue. ?. ~., N. ?~ deg. 02' I., 29T.4 fL., more or less to Corner 1, the Place of BEGINNING, containing 0.24 acre, more or less, and being the easterly portion o£ Eloyd Avenue. $. proposed to be vacated. Reference is made to plat prepared from records by C. B. Malcolm and Son, Engineers, dated October 22, 1962, ~ copt of whJcbJso_~n file in the Office, of the City~andismod~ ~ cart hereof by r~ferenceo and NIIEREAS, in accordance with the prayer of said petition, viewers were appointed by the Council of the City of Roanoke to view the property and report in ~riting ~hether in their opinion any inconvenience w~uld result free vacating. discontinuing and closing said portion of Floyd Avenue. S. H., as hereinabove set out, and ~BEREAS, it appears from the report in writing filed by said viewers in this proceeding, which ~as filed ~ith the City Clerk, together with the affidavit said ~iewers, on the 7th day of September, 1952, that no inconvenience ~ould result, either to any individual or to the public, from vacating, discontinuing and closing said portion of Floyd Avenue, S. ~.. as hereinabove set out; and NBEREAS, it further appears to Council that the petitioner aforesaid has agreed to bear and defray the costs and expenses incident to this proceeding; and NHER~AS, att he public--on ~hJ~ matter ~eforethe Council, there ~ ~hoeb~ McClau~hertv GTg¥~and Boris M~Clauohertv, in oersonandbv counsel, a~d Nell McClauohertvC~andE~w~ RcClauohertv BlackwoQd, ~ Council that tht~, alone w~t~ other~. ~ orooertv herein~~ referrred~ ~. ~. McClauohertv Estate Prooertv': 9rop~ietorz affected ~ ya~ntino, discofltffluino~ closino~ that norti~ Flovd~ reou~sted ~ aeration ~ Grace ~. Tauhman~ ~ referred~ Virginia Cg~e S~tion 1~-76~; that the~ not received~ requirgd Ylrqtni~ Code Segtl, on 15-T66~ reouired ~ ~ that they, ~ such owners ~ a~ such~ proprietors, a~ ~,11~ othe[ owners o~ orooer~ desionated~ ~ublic, ~ill~.incoflve~ienced, in~ured~ da~aaed~ closing, alterin~ vacatin~ that oortion~ Elovd Avenue~ re~uested~ ~ ~art thereof, ~ that ~raneV~y ~desionated will likewise~ iniured an.~ddanaged; and that they objected to the vacatinq, dlscontinuinq and closln9 o_~f th....~ sai__==~dportlon o~f Floyd Avenue. o~ranypart thereof. THEREFOREs BE IT ORDAINED by the Council of the City of Roanoke that the 29T.4 feet. more or less. that constitutes the easternmost portion of Floyd Avenue. S. W., in the City of Roanoke. be. and the same is hereby, vacated, discontinued and closed: and that all right, title and interest of the City of Roanoke and the public in and to said 29T.4 feet, more or less. that constitutes the easternmost portion of Floyd Avenue, S. W.. In the City of Roanoke. as hereinabove set out. are hereby released insofar as the Council is empowered so to do: except that a public easement is hereby reserved for the maintenance, repair and replacement of the storm drains, sewers and water lines, if any there be, flow located in the said portion of Floyd Avenue, S. h.. hereinabove set out, and all other municipal installations, if any there be. no~ located in said portion of Floyd Avenue. S. W., hereinabove set out. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby. directed to mark mYacated, Discontinued and Closed" said portion of Floyd Avenue, S.~ as hereinabove set out. on all maps and plats on file in the office of the City Engineer of the City of Roanoke. on which said maps and plats said portion of Floyd Avenue, S. h.. is shown, referring to the book and page of Ordinances and Resolution of the Council of the City Of Roanoke ~herein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Hustings Court of the City of Roanoke, Virginia. a copy of this Crdinance and of the plat herein referred to in order that said Clerk of Court may at the expense of the applicants record the same and make proper notation on all maps or plats recorded in his said office, upon which is shown said portion of Floyd Avenue. q. W.. as hereinabove set out, as provided by law. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Wheeler, Young and Mayor Stoller ......................... 6. ~A¥S: Mr. Dillard ..........I. COMWlTTEES: Mr. Robert W. Wo~dy having been invited to appear before Council at its present meeting to discuss his suggestion aith regard to formally setting up and designating major committees, Mr. Woody appeared before the body, explaining that the type of committee he has in mind would deal with policy matters only and Mould not interfere with administrative functions, that all of the committees suggested in his original proposal would not have to be appointed at one time, but that Council could start by appointing one or two such committees, After a discussion of the matter. Mr. Dillard moved that Council hold an informal meeting for the purpose of considering the appointment of such committees and that Mr. Woody be invited to attend the meeting. The motion Mas seconded by Mr. Wheeler and unanimously adopted. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company. advising that no street lights Mere installed in the city during the month of October, 1962, was before Council. Oe motion of Wt. Jones. sceoeded by #r. Garland and uaeeimously adopted. ;he cosmuelcation mas ordered filed.. CITY EMPLOYEES: A communication from the International Ladies' Garment Workers Union, Local 400, ashlar that Council reconsider the request of the Roanoke Fire Fighters Association and the Roanoke City Workera Association that the City Auditor be directed to mate payroll deductions for membership fees in the tug organizations, nas before Council. On motion of Mr. Garland, seconded by Mr, Youn9 and unanimously adopted, the communication was ordered filed. REPORTS OF OFFICERS: DUDGET-DEPARTRENT OF PUBLIC WELFARE: The City Manager submitted a written report, recommending that $1,500 be appropriated to Supplies under Section ~51, *City physician** of the 1962 budget, needed for the purchase of drugs for the balance of the year. After a discussion o£ the matter, Mr. Jones raising the question as to whether OF not SuCh a large amount is needed ior such a short period oI tine and Mr. Garland explaining that the drugs in question are expensive and quite possibly will come to ~I,SO0 by the end of the ~ear, Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the ~ollo~iflg emergency (n15003) AN ORDINANCE to amend and reordain Section mol, 'City Physician, of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance ~ock No. 26, page 18. l Mr. Garland moved the adoption of the Ordinance. The motion ~as seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones. Pollard, ~heeler, Young and Mayor Stoller NAYS: None ...................O. AIRPORT: The City Manager submitted a written report, advising that the Flight Service Station at Roanoke Municipal (Woodrum) Airport has been relocated to quarters and that the Federal Aviation Agency desires to continue occupancy of the vacated space for Airport Traffic Control Tower purposes, the City Manager recommending that the existing lease for the premises no~ occupied by the Traffic Control To, er be amended to include the additional space and that a ~ew Service ICofltract for ~11 of the premises occupied for Traffic Control Tower purposes be authoriaed at a rate of $427.31 per month, an increase of $~B.Oq per month, e~fective October 1. 1962.' Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~15004) A RESOLUTION approving a modification of a certain lease hereto- fore made to the United States government pursuant to Ordinance Ho. 14244 relating to certain space ia the City's Airport Traffic Control Tower and its Flight Service Station, and providing, further, the cancellation and superseding of the Clty*s :Service Contract No. FAI-35T and the execution of u hem service contract Identified us NO. FA-EA-3553. (For full text of Resolution, see Resolution Dook No. 25, page Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the follomlng vote; AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ............................ ?. NAYS: None ...................Oo AIRPORT; The City Manager submitted a written report, advising that the Federal Aviation Agency desires to extend the space OCCUpied by the Flight Service Station at Roanoke Municipal (Moodrum) Airport to Room Nos. I10 and IlO ia the new addition to Building No. I so as to include its Systems Maintenance Sector Quarters, the City Manager recommending that the existing Lease and Service Contract he amended to include the additional space at a rate in the Service Contract of $505.60 per month, an increase of $96.11 per month, effective December 1, 1962. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~15005) A RESOLUTIO~ approving a modification of a lease heretofore ~uthorized by Ordinance No. 14355 and a service contract heretofore authorized by Ordinance No. 14074 to be entered into between the City and the Cnited States of America, Federal Aviation Agency. (For full text of Resolution, see Resolution Book No. 26, page 20.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard. ~heeler. Young and Mayor Stoller ............................ 7. NAYS: None ...................O. STREETS A~D ALLEYS: Council having previously referred to the City Manager for study, report and recommendation communications from property owners on Mabry Avenue, S. E., between Ventnor Road and Moran Street, asking that the present project for widenin9 Mabry Avenue be extended from Ventnor Road to Moran Street, and agreeing to donate necessary land in exchange for curb and gutter and other conmiderl tions; also, a communication from Mr. Roy W. Dalton, 3404 Ventnor Road, S. Eo, askin{ that the east side of Ventnor Road in front of his property also be widened for a distance of 150 feet from Mabry Avenue, the City Manager submitted a written report that the estimated cost of the project is $5,000, which funds are not included in the 1962 Budget or in 1963 recommendations. The City Manager also submitted a verbal report, advising that he feels the extension of the present project for widening Mabry Avenue will benefit the )ublic and he so recommends, but that he does not recommend the widening of the east side of Ventnor Road for a distaoce of 150 feet from Mabry Avenue. 74 On motion of Mr. Dillard, seconded by Mr. Mheeler mud naaalmously adopted, the City Manager mas instructed to obtain bids on the project. BRIDGES: The City Manager having been directed to present an estimate of the cost of making certain improvements to the Buzzard Sock Ford Bridge, he submitted the follouiug report: 'Roanohe~ Virginia November 12, 1q62 To the City Council Roanoke, Virginia Members of Council: At your regular meeting of Monday, October B, you received a report from a committee in which certain improvements ~ere suggested at the Buzzard Rock Ford Bridge, Ne are of the opinion that some immediate measures should be taken to improve this Oridge. In the interim I have limited the use to passenger cars and light trucks. Me mere fortunate to secure through the Norfolk and #estern*s Chief Engineer's Office the assistance of Mr. C. M. GabrJo and his associates who made a study of the Bridge. In furtherance of this study we recommend the follouing: I. A series of 20 new 'Eye beams' be Installed. 2. A new wooden decking. 3. An asphalt overlay. Our traffic and Engineering departments believe that with these improvements that the Bridge will be safer and more serviceable. There are sufficient funds in the over-all Budget to make the improvements and if you concur in my recommendations it will permit us to close the Bridge to all traffic for repairs beginning, He hope, during the week of November lq. Respectfully submitted, S/ Arthur S. Owens City Manager" In a discussion of the matter, the City Manager pointed out that his recommendation does not carry out all of the improvements previously recommended by a committee, but that this is the first step. Afte'r a further discussion of the matter, Mr. Dillard moved that Council concur in the report of the City Manager. The motion Mas seconded by Mr. Garland and unanimously adopted. PARKS AND PLAYGROUNDS: Council having previously directed the City Manager to contact Mr. Howard E. Sigmon for the purpose of ascertaining whether or not he would be ~illin9 to donate thirteen acres of land to the city for park purposes in the Riverdale section a's a memorial, he submitted a ~ritten report. advisin9 that Mr. Sigmon has committed the land to another use, but that he has offered to sell same to the city for the sum of $25,000. After a discussion of the matter, Mr. Dillard moved that the committee composed of Messrs. RiJlJam B. Edwards, Chairman, Benton O. Dillard, James E. Jones Rex T. Mitchell, Jr., and H. Cletus Broyles be continued for a further study of acquiring land in the RJverdale area for park purposes. The motion was seconded by Mr. Jones and unanimously adopted. CLAIMS: Council having referred a communication from Mrs. Lillian McCadd owner of property at 101 Tenth Street, S. Mo, advising that the dwelling on her property was dauuged when u uau whose mother lives in the upstairs apartment of the house was arrested and requesting that the city make the necessary repairs to the downstairs apartment, to the Clty Ranager for a report as to how the dauage occurred, the extent thereof and an estimate of the cost, he submitted a written report, advising that the total repairs should not exgeed $100 and that if Council so authorizes him to do this work on private property he will have it accomplished. In a discussion cE the matter, the City Manager submitted a verbal report, advising that Mrs. McCadden has already had the duuages repaired and that il is his recommendation she be reimbursed in the annual of $40, which sum is already in the budget. Mr, Dillard moved that Council concur in the verbal recommendation of the City Manager. The motion was seconded by Mr. Rheeler and unanimously adopted. REPORTS OF COMMITTEES: STATE R[CHMA¥S: Council having previously referred the matter of working out a plan for including the widening and channeling of Orange Avenue, N. E., west of Milliamson Road to the Interstate Route SO1 project, in said project, to a committee for study, report and recommendation, the committee submitted the follow- ing report: 'November 5. 1962 Members of the City Council Roanoke. Virginia Members of Council: Your committee, appointed to make a study, report, and recom- mendation to City Council on the widening and channelization of Orange Avenue, N. E. west of Williamson Road to Interstate 581, met in the office of the City Manager On Thursday, November !, 1962. This committee, after studying and analyzing the problem, approved the plan prepared by the City Engineer and the City Traffic Engineer designated as T.E.C. No. 123, dated October 17, 1962, showing the proposed improvements on Orange Avenue between Williamson Road and the Interstate Route 501. This plan provides for two (2) lanes of moving traffic in each direction on Orange Avenue and an additional left turning lane to enable east bound traffic to turn into Courtland Avenue and Milliamson Road to the north. The plan calls for a raised median varying in width from 14' to 4** thus, providing channelization for the left turning movements. This plan specifically calls for a break in the median at Courtland Avenue to enable the east bound traffic to turn north into Courtland Avenue. This plan was approved by all members of the committee with the exception of Mr. John £o Willett who stated that he would approve the plan conditioned upon a crossover being provided in the median strip Mest of Courtland Avenue which would give him better access to his property located on the north side of Orange Avenue west of Courtland Avenue. The City Engineer estimates that the cost of this project would be about $55,000, and if a Federal Aid Urban Project can be programmed, the City*s part would then be 25 per cent or Your committee recommends that steps be taken by City Council to immediately initiate a project to accomplish this widening and channelization to tie in with the Interstate project. Respectfully submitted, S/ Malter L. Young ~alter c. Young, Chairman J. P. Carolan John E. Millett T. E. Capps Joel Krisch Mrs, Harold K. Cooper H. Cletus Broyles J. D. Sink* In a discussion of the matter, Hr, Young explained that the United States Dureuu of Public Roads and the Virginia Department of Hlghuuys mill not provide funds to Include the mldening and channeling of Orange Avenue in the Interstate Route 501 project If a crossover is provided in the median at Courtlund Road. Mr. Leonard C, Ruse. Attorney. representing RF. John E. ¥illett. appeared before Council and pointed out that the business of his client mill be virtually ruined unless a crossover Is prorided in the median strip west of Courtlund Road, that he has been assured by the committee that it mill do everything In its power to see that such a crossover is provided, and that if the efforts of the committee fail his client mill offer no opposition to the present proposed plan. RF. Young moved that Council concur in the recommendation of the committe~ and that the matter be referred to the City Attorney for preparation of the proper The motion was seconded by Mr, Jones and unanimously adopted. SEdERS AND STORR DRAINS-AIRPORT: Council baring adopted a Resolution expressing its continued interest in Associated Transport, Incorporated, locating a terminal in Roanoke, or in the vicinity thereof, and assuring said corporation, should it conclude to locate a terminal In the Roanoke area, of Council's millingnesi render it all reasonable assistance, the committee appointed to present the Resolution to Associated Transport, Incorporated, submitted the following report: *The Honorable Murray A. Stoller. Mayor and Rembers of Roanoke City Council As directed. City Manager Cwens and I, on Thursday. November 1, 1962. called on and presented to Mr. fl. R. Merritt, Vice President, Southern Division of the Associated Transport in Hurlington, North Carolina, your resolution setting forth Roanoke*s willingness to assist with and cooperate in Associated Transport's efforts to locate a suitable site for their proposed expansion in the Roanoke Valley area. Re were well received and a sincere appreciation was extended to Roanoke, through your representatives, for the interest and action Roanoke had taken to assist Associated with their problems. After presenting Mr. Rerritt with your resolution, we were informed that Associated had decided, after careful consideration, to seek another location. This decision was made for several reasons with the major one being the possible future law suits which might result due to the draining problem arrangements as worked out with respect to their selected sitar the Roanoke Airport. It was the feeling of his company's attorney that even though the City of Roanoke had consented to permit the water run- off to cross city-o~ned property, that at times, as a result of oil leaks from parked trucks, this oil mixed with water might be objectionable to other property o~ners in the area and could result in future law suits. As you are aware. Associated Transport has optioned another site in the valley vest of Salem, in Roanoke County, Rt. Merritt stated that. at the time of our conversation, core drillings were not as encouraging as they might be and detailed engineering studies were being made to determine the economics involved between the two locations. Mr. Merritt consented to keep us informed as to the outcome of their findings. At the conclusion of our meeti fl9~ we assured Mr. Merritt of our continued interest in his problems and offered him all reasonable assistance with respect to assistJn9 Associated with solving these problems. Respectfully submitted, S/ James E. Jones James E. Jones S/ A. S. Owens A. S. Owens, City Manager November R, 1962 Newspaper Clippings Attached" Ia u discussion of the matter, Mr. Jones submitted a verbal report that the committee Ieels that If a storm drain is extended to serve the airport site Associated Transport, Incorporated, might be persuaded to choose that location, Mr. Jones advising that the estimated cost of the storm drain is $25,D00 and that It Is the recommendation of the committee tbat Council assure the corporation that if It desires the airport land the city will provide proper drainage. Mr. Dillard moved that Council concur in the verbal recommendation Of the committee and that the committee notify Associated Transport, Incorporated, of Council's action immediately. The motion was seconded by Mr. Mheeler and unanJmousl adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Ordinance No. ISO00, renewing the lease of the Federal Govern- ment for Weather Bureau quarters in the Administration B~ilding at Roanoke Municipal (Woodrum) Airport for a period of ten years beginning July 1, 1962. at a rental of $1.00 per annum and $i,401.96 per annum for certain services and facilities, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Garland offering the following for its second reading and final adoption: (ulSO00) AN ORDINANCE authorizing the execution of a lease between the City of Roanoke and the United States of America. (For full text of Ordinance, see Ordinance Book No. 26, page l?.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones. Pollard, ~heeler. Young and Mayor Stoller ........................... 7. NAYS: None ................... B~GET: Council having directed the City Attorney to prepare the proper measure thanking the members of the Budget Commission, particularly the citizen members, for their hard work in preparing a proposed budget for the City of Roanoke for the fiscal year 1963, he presented same; .hereupou, Mr. Pollard offered the following Resolution: (u15006) A RESOLUTION commending the members of the City's 1963 Budget Commission. (For full text of Resolution, see Resolution Book No. 26. page 22.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote, Mr. Dillard expressing the opinion that a letter from the City Clerk should be sufficient: AYES: Messrs. Garland. Jones. Pollard, Mheeler, Young and Mayor Stoller .................................. NAYS: Mr. Dillard ...................1. ?? ¸78 MOTIONS AND MISCELLANEOUS BUSINESS: MASTER PLAN: Mr, Jones read the following prepared statement with reference to the question of appointment of · committee by Council to study a long- range capital Improvement p~ogram for the city; ·Througboot the recent campaign conducted by the Junior Members of this Council, our attention mas called many times to what a large segment of oar citizens classified lo my opinion · major* needs of the City of Roanoke. In almost every instance, these same citizens indicated that they mere milling, and they believed the rest of Roanoke Has more than willing, to pay for the improvements needed. Our Budget Study Commission received request after request for money for improvement projects from citizens as well as from the various departments of our City. These requests Here, and I . believe in proper procedure, referred to our Planning Commission for study and incorporation into Hhat might be a five-year capital improvement program. I believe this is certainly a positive step la the right direction. A plan of this nature, if adopted, will permit ns to determine our needs and, by projecting these needs along with our anticipated income, will permit us to schedule these improvements on a modified #pay-as-you-go# basis on a planned and scheduled program. This type of program will also point out to our fellah citizens just Hhich improvements will be undertaken this year and for each succeeding year under the plan. It is true, however, that this type of plan will have to be reviewed carefully each year and programmed ahead to assure us that we meet the primary needs of our City. I believe that the members of Council are well aware of the many requests and needs of our City. We are also amore of the commitment3 for next year. ~any of the needed improvements were recapped in an article appearing in the "Roanoke Times" on november 9. This list is too numerous to be repeated in these brief remarks, but I am sure that it is available for your inspection at the of/ice of our City Planner. If you have had the opportunity to revieH this list, I am sore that you could not help but notice that items such as incinerators at an estimated cost of about $3 million; Williamson Road Drainage at an estimated cost of $4.5 million; a new Municipal Building estimated from $600,000 to IOO0.O00; and an undetermined cost for new bridges was not included. What was included, however, ~as $4,? million for an all-important coliseum-audiforium. I believe it would behoove us as members of Council to consider the #bt9 picture" with respect to our City's needs and, in so doing, utilize every means available to select the best possible approach to provide those things our citizens have indicated to be important to the continued gm. th of Roanoke. One approach might be to project our anticipated income to determine how much income me can expect to realize over the next five-year period and how many of the items on the present list might be provided during this period. Those items which could be provided for under the five-year plan might be classified as "minor* capital improvement items. The larger expenditure could be considered as 'major~ capital improve- ments and financed through a bond referendum ~hich would be subject to and under full authority of the freeholders of Roanoke. We, as Councilmen. also realize that our City employees are certainly entitled to the continued support of this governing ,d Mayor Stolier appointed Ressrs. James E. Jones, Chalrm~n, Robert A. Garland and Vincent $. #heeler as members of the committee. CITY PROPERTY: Mr, Jones read the following prepared statement on the question of requesting the City Manager to prepare a report and map of city-owned property which could be made available for other uses: #I am sure that thli matter is not new and has no doubt been studied from time to time uith the idea of some positive action being taken. However. I cannot recall any recent consideration being given to this problem and would like to present to you the following fcr discussion and possible action. I am of the opinion and belief that the City has for a number of years acquired and presently "owns' a considerable amount of real estate situated at various locations throughout the City. This accumulation has come about through gifts, non-payment of taxes and purchases. As a result of this ownership, this property is no longer . tax revenue producin9 and from time to time requires expenditures in the form of salaries to keep the area clean of trash, rubbish and weeds. Therefore, we are not only losing valuable tax dollars, but we are also paying out o[ the treasury money for maintenance and upkeep of this property. ~ith the present status of our finances and the proposed increase in the real and personal property tax rate, I firmly believe that we, as custodians of City property, should take the necessary action to see that a study is made of this City-owned real estate with an ultimate goal of disposing of this property in an effort to increase the income to the City. I contend, and I sincerely hope you share my contentions, that this property in its present state is a burden, rather than an asset, to our City and that as long as we retain this property, Jt ~ill continue to Therefore, I would like to move that we request our City Manager to prepare a list of all CJty-o~ned property located within the City and that this list of property along with appropriate descriptions and maps be referred to the Planning Commission for review; that the Commission be requested to recommend to Council, after their rerieu, those properties not needed for future expansions of the various departments of our City Government, such as Fire, Recreation and Schools; and that Council then decide the appropriate action with respect to the disposition of this property.* The motion was seconded by Mr. Garland and unanimously adopted. PLANNING: The City Clerk reported the qualification of Mr. Dorman M. Miller as a member of the Roanoke V~lley Regional Planning and Economic Development Commission for an unexpired term ending December 31, 1963, due to the death of Mr. Richard E. Hodges. On motion of Mr. Dillard, seconded byMr. Wheeler and unanimously adopted, the report ~as ordered filed. OFFICE HOURS-CITY EMPLOYEES: Mr. Young brought to the attention of Couflci that Christmas Eve falls on Monday this year and moved that the City Attorney be directed to prepare the proper measure establishing Monday, December 24, 1962, as a legal holiday for all departments of the Roanoke Municipal Government, except as may be otherwise provided by law, and except as to members of pollceand fire departments who are otherwise required to work on that day; and, as to members of .said departments who are otherwise required to work on that day, that the City Manager shall arrange that each such member shall receive equivalent time off during the calendar year; also, that Council dispense with its regular weekly meeting on that day. The motion was seconded by Mr. Jones and unanimously adopted. On motion of Mr. Dillard, seconded by Mr. Garland and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: Rayor COUNCIL. REGULAR HEETING. Monday. November lg. 1962, The Couucll of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Duildlng. Monday. November 19. 1962. at 2 p.m.. the regulal meeting hour° mith Mayor Stoller presiding. PRES£NT: Messrs. Dillard. Garland. Jones. Pollard. MAe,let and Mayor Stoller .................................... ABSENT: Mr, Young ............... OFFXCER5 PRESENT: Mr. Arthur Ei~cancn, Assistant City Attorney. and Mr. William F. Griggs. Assistant City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. Theodore Landis. Pastor. Greene Memorial Methodist Church. MINUTES: Copy of the minutes Of the regular meeting held on Monday, November 12, 1962, having been furnished each member of Council, on motion of Mr. Wheeler. seconded by Mr. Pollard and uflanimoasly adopted, the reading thereof was dispensed with and the minutes approved as recorded. 8EARING OF CITIZENS Upon PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mrs. 8arriett Waldrop. requesting that property located on the south side of Melrose Avenue. between West 51de Boulevard and Van 8urea Street. described as Lots 5 and 6. Block 26. Washington ~eights, Dfficial Tax Nos. 2?61905 and 2751906. be rezoned from Special Residence District to Business District. was before Council. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the request for rezontng was referred to the City Planning Commission for study, report and recommendation to Council. ZONING: A communication from Mr. John L. Walker, Jr.. Attorney. repre- senting Messrs. Lonza L. Rush and John W. McCoy, requesting that property located un the north side of Brandon Avenue, $. Wo, east of Edgewood Street. described as Acreage. Lee-By Gardens, Official Tax No. 1610205. be rezoned from General Residenc( District to Special Residence District, was before Council. On motion of Mr. Garland, seconded by Mr. Wheeler and ~nanimously adopted, t~e request for reznning was referred to the City Planning Commission for study, report and recommendation to Council. CIZY GOVERNMENT: A communication from Mr. 8. T. Angell, urging that a citizens committee be appointed to investigate changing the departmental structure of the city government and report to Council as to its findings and recommeudati, was before the body. Mr. Dillard moved that Council consider the suggestions of Mr. Angell at the same time it holds an informal meeting to consider the suggestions of Mr. Robert N. Woody for formally setting up and designating major committees. The motion Has seconded by Mr. Jones and unanimously adopted. TRAFFIC-STATE HIGHWAYS: Copy of a communication from Mr. Horace Hood, III President, Roanoke Valley Safety Council, to the Virginia Department oY flighwoyst urging that in the interest of safety the newly constructed section of Virginia Route 117, between U. S. Route 460 and O. S. Route 11, be opened to heavy truck traffic immediately, in order that much of the heavy truck traffic con he removed from ailliamson Rood, Oronge Avenue and Melrose Avenue, was before Council. Council being of the opinion that the body should concur in the request of the Roanoke Valley Safety Council to the Virginia Department of Highways, Mr. Jones offered the following Resolution: (~lSO0?) A RESOLUTION urging the early opening of a section of State Route 117, in Roanoke County, to heavy truck traffic. (For full text of Resolution. see Resolution Book No. 26, page Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones. Pollard. Mheeler and Mayor Stoller .................................. NAYS: None ....................O. (Mr. Young absent) TAXES: A communication from Mrs, Jack M. Mullins, asking that a local sales tax be imposed rather than increasing the tax rate for !g63, was before Council. On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the communication was referred to the Tax Study Committee for'its consideration. CITY MARKET: A communication from Mr. Custaf A. Johnson, Executive Director, City Rescue Mission, Incorporated, requesting permission to use the City Market Auditorium, without charge, from 10 a.m, to 4 p.m., December 22, 1962, for its annual Christmas party for needy children, was before Council. On motion of Mr. Garland, seconded by Mr. Jones and unanimously adopted, the request was referred to the City Manager for disposition. REPORTS OF OFFICERS: BUDGET-AIRPORT: The City Manager submitted a written report, recommending that $260 be transferred from Supplies usder Section#D8, "Airport," to the Airport account under Section ~144, "Departmental Equipment and Improvements.* of the 1962 budget, to provide for the purchase of a floor polishing machine. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#lSOOH) AN ORDINANCE to amend and reordain Section #88, *Airport," and Section n144, *Departmental Equipment and Improvements.* of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr, Garland and adopted by the following vote: AYF-~: ~sSrSo Dlllard~ Oarlasd~ Joeea~ Pollord~ ~heeler end ~ #ayor Stoller ............................ NAYS: None ....................O, (Mr, Youn9 absent) BURGKT--COMMISSIONER OF REVENUE= The Glty Manager submitted · written report, advising that due to the veassessment now being made on real estate it will be necessary for the Commissioner of the Revenue to re=emboss approximately 40.000 addressograph plates prior to preparation of the 1963 Land Rook and recommending that $200 be appropriated to Rental of Equipment under Section ms, *Commissioner of Revenue.a of the 1962 budget, to provide for the rental of an additional machine for this purpose. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (z15009) AN ORDINANCE to amend and reordaln Section sS. *Commissioner Of Revenue** of the 1962 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 26, page Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the folloming vote: AYES: Messrso Dillard, Garland, Jones, Pollard, Nheeler and Mayor 5toller ............................ NAYS: None ....................O. (Rt. Young absent) PAR£S AND PLAYGROUndS: The City Manager submitted a wrltten report. together with the following communication from Mrs. Fred H. Schnautz, Chairman. Civic and Hands Committee, Roanoke Council of Garden Clubs. with reference to beautifying a portion of Elmwood Park: · November 13, 1962 Mr. Arthur S. Owens, City Manager Room 207, M~ntcipal Building Roanoke, Virginia Dear Mr. O~ens: As you kno~, during the past fouc years, the Roanoke Council of Garden Clubs bas been fortunate in receiving four 9rants of $500.00 each from the Sear*s Foundation for the beautification and landscaping of certain areas within the City of Roanoke. To date, this includes the beautification around the Municipal Building, the Robert E. Plaza. and the Hunter Memorial Viaduct approach. At the present time. the Roanoke Council Of Garden Clubs bas this year*s $500.00 grant from the Sear*s Foundation to be expended in a similar manner. ~be Garden Council baa selected a portion of Elmwood Park as their project. During the past year. the Roanoke Council Of Garden Clubs has been working with various civic groups. City officials, Oow~town Merchants. Inc., and Professor Albert Reecber, horti- culturist, of V.P.I. in an effort to landscape and beautify tbe portion of Elmwood Park lying between First Street. S. E. and the Library and north of the Garden Center. Attached hereto is a copy of a .report and recommendation made by Professor Heecher together with a landscape plan showing proposed planting, landscaping, and improvements to be made in this general area. ~hese improvements include repairs to existing walks, as well as construction of hem walks through the area and changes and improvements to the pond. 'As suggested in Professor Seecber~s letter, it is pro- posed that o new concrete bottom be constructed in the pond end that the pond he decreased in .size to wake it more attractive and to provide additional planting at both ends, Since the walk around the pond is In very bad condition, it is proposed that this walk also be replaced, A preliminary estimate made by the Clty*s Engineering Department for the laprovements within the urea, other than planting and landscaping, will amount to approximately $12,000,00. It is proposed that interested groups work toward obtaining public donations of money and materials in accom- plishing as much of this work as possible with the cooperation of the City of Roanoke. It is requested that City Council give its approval to this plan and that the Roanoke Council.of Garden Clubs be given authority to begin their part of the development at S/ Mrs, Fred H, Schnautz In this connection, a group of representatives of the Roanoke Council of Garden Clubs appeared before Council, with Mrs. Schnautz, Mr. E. P. Petticrew and Mrs. Fred G. Repass, President of the Roanoke Council of Garden Clubs, acting as spokesmen and explaining the landscape plan for beautifying the park. appeared before Council in support of the proposal of the Roanoke Council of Garden Clubs. After a discussion of the matter, the City Manager advising that he does approximately $12,000, but he does recommend that the Council of Garden Clubs be as outlined in the landscape plan, at its expense, with the stipulation that the pool in the park is not to be altered in any may, Mr. Pollard moved that Council the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Garland and unanimously adopted. REALTtl DEPARTMENT: The City Manager submitted a written report. ,ranD- be made for the processingof meats at the Roanoke City Meat Inspection Center. mendation Of the City Manager and that the City Attorney be directed to prepare the Roanoke City Meat Inspection Center. effective January 1, 1963. The motion was seconded by Mr. Garland. . After a further discussion of the matter, Mr. Dillard protesting that there will be much opposition from the farmers to such a charge, offered a substitutl motion that the matter be referred to budget study for a discussion with the Commissioner of Health, The substitute motion was seconded by Mr. Wheeler and nnanimously adopted, PENSIONS: Mr, W* F, 6riffs, Secretary of the Employees' Retirement System of the City of Roanoke, submitted a written report, advising that the Fifteenth Valuation, together uith n statement of the results of thc third investi- gation of the mortality, service and compensation experience of members and beneficiaries of the Employees° Retirement System prepared as of December 31. 1961, by Mtn George n. muck, Consulting Actuary. has been received by the Board of Trustees and is on file in the office of the City Auditor and available for inspection by Council. On motion of Mr. Pollard, seconded by Mr. Garland and unanimously adopted, the report was received and ordered filed. REPORTS OF COMMITTEES: MATER DEPARTMENT: Council having referred bids on a standpipe and appurtenances for expansion of the Oelray Rater System to a committee for tabulation and report, the committee submitted the following report: 'November IS. 1962 DONORABLE CITY COUNCIL Attached is a tabulation of bids mn standpipe and appurtenances for expansion of the Oelray System, which bids were opened and read before the Council of the City of Roanohe at its neet/ag on Monday. November 12, 1962. Your committee has reviewed these bids and hereby makes the following report: Contract "A" - Standpipe (2 M.G.) The bid submitted by Chicago Bridge and Iron Company, in the amount of ~97,360.00 was the low bid received, and is in order, and we recommend its acceptance. Contract '0" - Foundation for Standpipe The bid of 3, M. Turner and Company, Inc. in the amount of $34,000.00 was the low bid received, is in order, and we recom- mend its acceptance. Contract "C' - Altitude ¥~/ve The bid of Willamette Iron ~ Steel Company in the amount of $2.308.00 was the best bid received meeting all specifications, and we recommend its acceptance. The bid of Chapman Valve ~ Manufacturing Company, in the amount of $2,210.00 was apparent low bid, but they were not willing to meet the specifications in the matter of the guaran- tee and in the method of payment specified. Your committee contacted the Chapman Valve ~ Manufacturing Company in an attempt to have them comply with the specifications but they are not willing to do so. Respectfully submitted, S/ Benton O~ Dillard S/ John L~ Wentworth B. O. Oiilard, Chairman J, L. Wentworth S/ Arthur S~ Owens S/ R~ E~ Pillow Mr. Pollard moved t~at Council concur in the recommendatio~ of the committee and offered the following emergency Ordinance: ,! (alSOlO) AN ORDINANCE providing for certain improvements to the City*s public water distribution system; awarding contracts for the construction of a water standpipe On a 0o492 acre tract of land recently acquired by the City for such purpose; rejecting all other bids received for the doing of such work; and providing (For foil text of Ordinance. see Ordinance D,ok No. 26. page 26°) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard. Garland. Janes. Pollard. Mheeler and Mayor St,liar .................................. 6. NAYS: None ....................O. (Mr. Y,un9 absent) Mr. Dillard then offered, the following emergency Ordinance appropriating $135.713.12 to provide for payment of the contracts, plus advertising costs: (~15011) AN ORDINANCE to amend and reordain 'Non-Operating Expense* of the 1952 Mater Fund Appropriation Ordinance. and providing for an emergency, (For full text of Ordinance. see Ordinance D,ok No. 25. page 20.) Mr. Dillard moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Garland and adopted by the following vote: Mayor St,liar ............................ 5, NAYS: None ....................Oo (Mr, Young absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE.. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance NO, 15002. vacating, discontinuing and before the body, Mr. Pollard offering the following for its second reading and final adoption: (=15002) AN ORDINANCE vacating, discontinuing and closing a portion of Floyd Avenue. S. M.. in the City of Roanoke. 29?.4 feet. more or less. that consti- described. (For full text of Ordinance. see Ordinance D,ok No. 25. page 23°) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: NAYS: Mr. Dillard ......................................................1. (Mr. Young absent) STATE HIGHWAYS: Council having directed the City Attorney to prepare the proper measure generally approving a project for widening and channeling Orange Avenue. N. E.. west of [illiasson Road to Interstate 501. and authorizing the City Manager to negotiate with requisite federal and state departments end agencies in an effort to have the project approved, he presented same~ whereupon, Mr, Pollsrd offered the follouicg emergency Ordinance: (u15012) AN ORDINANCE generally approving a proposal for the widening and channellzation of Orange Avenue, W, E., mess of Milliumson Road to Interstate Route 581; authorizing acd directing lhe Ulty Manager to negotiate with requisite Federal and 5tale departments and agencies in an effort to have tbs proposed improvements approved as a Federal Aid Urban Project; and providing for anemergenoy. (For full text of Ordinance. see Ordinance Hooh No, 26, page 20.) Mr, Pollard moved the adoption of the Ordinance, The motion mas seconded by Mr, Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones. Pollard, Wheeler and Mayor Stoller .................................. 6. NAYS: None ....................O. (Mr. Young absent) OFFICE HOURS-CITY EMPLOYEES: Council having directed the City Attorney to prepare the proper measure establishing Monday. December 24, 1962, as a legal holiday, he presented same; whereupon. Wt. Wheeler offered the following Resolution: (~15013) A RESOLUTION establishing MQnday, December 24, 1962, as a legal holiday for the current year only. (For full text of Resolution, see Resolution Hook No. 26, page 29.) ar. Wheeler moved the adoption of the Resolution, The motion was seconded by Mr. Garland and adopted by the follouing vote: AYES: Messrs. Dillard, Garland. Jones, Pollard. Wheeler and Mayor 5toiler ............................ 6. NAYS: None ....................O, (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: CITY EMpLOyEES: Mr. W. M. Mattox, a member of the Fire Department, appeared before Council and stated that city employees have been notified by the City Auditor that his office wilt no longer be able to make payroll deductions for U. S. Savings Bonds, gr. Rattox protesting that such action, in his opinion, is untimely, unwise and the most unpatriotic thing he has ever heard of. The Assistant City Auditor explained that due to tbs increased demands on payroll equipment, namely the requirement for making deduction of state income tax. the Auditor's office is no longer able to make deductions for savings bonds, that the equipment in the office cannot handle any more deductions and the addition of a state withholding tax as of January 1. 1963. meant something else had to be eliminated, the Assistant City Auditor estimating that approximately 204 of the city employees use the bond deduction plan, After a further discussioo of the matter. Mr. Dillard moved that the CITY GOVERNMENT: Mr, Pollard brought to the attention of Council and moved that the City Attorney and the City Manager be directed to furnish Council with a list of records that the city Is required by lam to keep and those which it is not required by lam to keep, The motion mas seconded by Mr. Mheeler and unani- mously adopted. COUNCIL: Mr. Dillard pointed out that the Ordinances and Resolutions adopted by Council are consistently becoming longer and more verbose and suggested that the City Attorney make these measures as brief as practicable and that the City Clerk do the same with the minutes of Council. ASSESSMENT OF PROPERTY: Mr, Dillard pointed out that the Board of Assessors mill soon complete the reassessment of real estate in the city and that a Board of Equalization will be appointed to give citizens an opportunity to voice objections to the proposed reassessment, Mr. Dillard expressing the opinion that the Equalization Board should be given until April 1, 1963, an additional month, in which to complete its assignment, Mr. Wheeler moved that the question of how long the tenure of office should be for the Board of Equalization be referred to Mr. Dillard and the Assistant City Attorney for study and report to Council. The motion sas seconded by Mr. Garland and unanimously adopted, HEALTH DEPARTMENT: Mayor Stoller relinquished the Chair and moved that the question Of transferring the functions of the Ilealth Department of the City of Roanoke to the State of Virginia be referred to the City Manager for study mith the Commissioner of Health and the Board of Health and to submit his report and recommendation to Council. The motion mas seconded by Mr. Jones and unanimously adopted. DEPARTMENY OF PUBLIC WELFARE: Mr. Stoller called attention to rising melfare costs and moved that the question be referred to the City Manager for study mith the Director Of the Department of Public Welfare as to hum many welfare departments in Virginia are fully compensated by the state instead Of under a cooperative basis~ also, whether Or not certain functions of the local ~elfare department can be transferred to the state, and to submit his report and racom- - mendation to Council, The motion mas seconded by Mr, Jones and unanimously adopted, PARES AND PLAYCROUNDS: Mayor Stoller resumed the Chair and advised Counci that the Wtldmood Civic League has placed a plaque in Thrasher Park, honoring Paul Thrasher for whom the park was named, and has presented same to the City of Roanoke, Mayor Stoller commending the members of the Wlldmood Civic League for their interest in improving Thrasher Park and for the good community spirit of the citizens in that area. On motion of Mr. Garland, seconded by Mr. Dillard and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: ~-~ ? COUNCIL, REGULAR MEETING, Monday, November 25, 1962, The Coancll of the City of Roanoke met in regular meetie9 in the Council Chamber in the Municipal Hulldlug, Monday, November 26, 1962, at 2 pomo, the regular meeting hour, with Mayor St*lief presiding. PRESENT: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor St,lief .............................. ABSENT: None ....................O. OFFICERS PRESEN~f: Hr. Arthur S. Owens, City Manager, Mr. James N. Klneanon Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened ~ith a prayer by the Reverend Leuis E. Bates, Pastor, Vinton Baptist Church. ffEARING OF CITIZENS UPON PUBLIC MATTERS: INDUSTRIES-SE~ERS AND STORM DRAINS: Pursuant to notice of advertisement for bids on the construction of a sanitary se~er to serve existing buildings at the Roanoke Industrial Center (formerly American Viscose property), said proposals to be received by the City Clerk until 1:30 p.m., Monday, November 26, lqb2. and to be opened at 2:00 p.m., before Council. Mayor St*lief asked if there was anyone present who did not fully understand the advertsiement, if there was anyone present who had been denied the privilege of bidding, or if there ~ere any questions about the advertisement anyone would like to ask, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the one bid received; uhereupon, the City Clerk opened and read the bid of Hudgins and Pace in the amount of $42.349. On motion of Mr. Dillard, seconded by Mr. Garland and unanimously adopted, the bid was referred to a committee to be appointed by the Mayor for study, report and recommendation to Council, the City Attorney to prepare the proper measure accepting the proposal of Hudgins and Pace, if the committee so recommends. Mayor St,lief appointed Messrs. Benton O. Dillard, Chairman, Arthur Owens and ii. Cletus Broyies as members of the committee. ZONING-STREETS AND ALLEYS: Council having previously set a public hearing for 2 p.m.. November 26° 1962. on the question of establishing setback lines da the ~est side of Peters Creek Road, N. M., from Melrose Avenue to Hershberger Road 42.5 feet from the center line of the southbound lane, and on the east side of Peters Creek Road, No ~., from Melrose Avenue to Hershberger Road, 42.5 feet from the center line of the northbound lane, the matter was before the body. No one appearing in opposition to the proposed setback lines, Mr. Garland moved that Council concur in a previous recommendation of .the City Planning Commission that the setback lines be established and that the following Ordinance be placed upon its first reading: (m15014) AN ORDINANCE establishing building setback lines on Peters Creek Road. from Melrose Aveuuelo Rershberger Road, N. M. MHEREASo notice mas duly published as required by law that Council would bold a public hearing on November 26, 1962, at 2:00 p,m** in the Circuit Courtroom (Council Chamber), in the MnnJcipnl Huildiug, Roanohe, Virginia, on the question of establishing setback lines on Peters Creek Road, from Melrose Avenue to Hershberger Road. N, M.; and MHERRAS. the said hearing was held at the tine and place aforesaid before the Council of the City of Roanoke. at which hearin9 all property owners in the affected area and all other persons were given an opportunity to be heard on the question: and MBEREAS. the City Planning Commission has heretofore recommended and approved the establishment of such building setback lines on said Peters Creek Road, from Melrose Avenue to ~ersbberger Road. N. M.. as are established by this Ordinance; and MHEREAS. after bearing all of the evidence submitted. Council is of the opinion that such building setback lines should be established. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that building setback lines be, and the same are hereby, established on Peters Creek Road. from Relrnse Avenue to tlershber§er Road, N. M.. in the City of Roanoke. as follows, viz.: on the west side of Peters Creek Road, from Relrose Avenue to Hersh- berger Road. 42.5 feet from the established center line of the southbound lane; and on the east side of Peters Creek Road, from ~elrose Avenue to Dershberger Road. 42.5 feet from the established center line of the northbound lane, and as shown on Plan No. 4761. dated October 17. 1962, prepared by and on file in the City Engineer's office of the City of Roanoke. HE IT FURTHER ORDAINED that all buildings hereafter erected on any of the real estate abutting on said Peters Creek Road. from Relrose Avenue to Hershberger goad, ~. ~., in the City of Roanoke, shall be erected in relation to the building setback lines as established by the provisions of this ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Wheeler, Young and Rayor Stoller--t NAYS: Mr. Dillard ........................................................ TAXES: Council having under date of February 19. 1962. referred a request of the Association of Retired Railroad Employees, Roanoke District, and the Roanoke Chapter of the American Association of Retired Persons that retired persons, or their widows, whose principal incomes are from pensions, be allowed an exemption of 50~ on their personal property and real estate taxes, to the body as a committee of the whole for study and report forthwith, and at its meeting on April 23, 1962. having referred to the committee of the whole a revised request that an exemption of $600 from the assessed taxable value of real estate be granted persons over 65 years of age, under certain terms and conditions, a committee of the two organizatiot 89 with Hr. F, N. Heazel acting as spokesman, appeared before Compel] end renamed the request for n $600 exemption, the two associations alan requesting that persons over 65 be exempted from the recent increases ia personnl property and utility taxes, #r. Garland stated that he is sure Council is sympathetic with the request of the retired people, but pointed out that due to the tight financial condition of the city Council is faced with the problem of finding mare taxes, not reducing them, Mr. Garland advising that he feels it would be unfair to grant this request end not grant others, and moved that the request of the Association of Retired Railroad Employees, Roanoke District, and the American Association of Retired Persons, Roanoke Chapter, be denied, Mayor Stoller relinquished the Chair and seconded the motion. Mr. Pollard stated that he is not taking a stand for or against the request, but that he feels the committee of the whole should be given the epportunit! to submit its report to Council, and offered a substitute motion that the revised request be referred to the committee.of the whole for study and report. The motion seconded by Mr. Jones. lfl a discussion of the matter, Mr. Jones listed numerous city services that the taxpayers receive for their money and voiced the opinion that the citizens of Roanoke are getting a bargain. Mr. Young pointed out that the committee of the mhole has been adrised informally by the City Attorney that Council cannot legally carry out this request and that Jt would be unconstitutional Jn the State of Virginia. Mr. A. A. Akers, Co-Chairman of the committee of the two associations, stated that the petitioners are not very much concerned about the legality of their request, that if it is not legal they are askin9 Council to take the proper steps to make it so, Mr. Akers advising that the reduction would total not more than $70,000 and that the petitioners do not feel this would be too much of a financial burden upon the city. that they are not asking for charity, but for fair treatment for what they have done for the city in the past. Mr. Dillard voiced the opinion that the city is going to have to face the problem of the aged. pointing out that the federal government and the atate govern- ment have already recognized this problem by allowing exemptions in income taxes for persons over b5, Mr, Dillard pointing out that the unconstitutionality of a law is not determined until it has been so ruled upon by the courts, consequently, Council does not know whether or not granting a tax exemption to persons over 65 is legal or not, Also speaking in behalf of the request of the retired group was Mrs. E. Deity Fischer. The matter having been discussed at great length. Mr. Stoller voicin9 the opinion that the petitioners should seek relief be[ore the General Assembly of Virginia, the substitute motion offered by Mr. Pollard was lost by the following vdt, AVES: Messrs. Dillard, Jones and Pollard ............................3. NAYS: Messrs. Stoller, Mheeler, Young and Vice Mayor Garland ........4~ The orlginal lotion of Mr. Garland was then adopted by the following rote: AYES~ Messrs, Stoller. Mheeler, Young and ¥ice Mayor Garland .......4. NAYS: Measrso Dillard, Jones and Pollard ........................... GARBAGE DISPOSAL-PARKS AND PLAYGROUNHS~ Conncil at its meeting on September lO, 1962o hating requested the City Manager to report to the body on the Current status of the Mashington Park dump, what action is being taken to keep it in a sanitary condition, an estimate as to when it might be closed in an orderly wanner and ~hat recommendations he might hare to make not only about this sit~ation, bat the entire ~ethod of garbage disposal, a delegation of residents ia the vicinity of Mashington Park appeared before Council. Mr. A. Byron Smith, President of the Roanoke Council Parent-Teacher Assocl~- tion, advised that the group wishes to discuss and consider procedure and possible steps to help with the immediate closing of the Mashington Park dump. Mrs. Genera $. Hale. Committee Chairman of the Roanoke Council Parent- Teacher Association, pointed to a magazine article describing t~o methods of Convert* lng garbage into compost whlch are being used by San Ferna~o, California, and Sacramento, California, respectively, and raised the question as to ~hether or not either of these methods could be employed in Roanoke, In a discussion of the matter, the City ~anager explained that he has the compost method under consideration and that he is also considering the possibility of either enlarging the present incinerator, or building a new one. the City Manager pointing oat that to relocate the dump to another city-o~ned tract of land would only be creating the same old problem, Dr, ~argaret M. Glendy, Commissioner Of Health, and Mr. M. E. Sho~alter, Superintendent of Disposal. outlined methods being used to keep objectionable features at the ~ashinRton Park dump to a minimum, both Dr. Glendy and Mr. Shosalter as well as the City Manager. agreeing that the situation is such that something ~lll ~ave to be done in 1963. Mrs. Pauline L. Haskins raised the question as to ~hether it mould not be better to rezone a racant area to provide for the establishment of a dump. rather On unison of Mr, Young, seconded by Mr. Pollard und ununfwously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. BUDGET-SCHOOLS: A communication from the Preston Park Parent-Teacher Association, opposing any increase in the price of school lunches in connection with the 1963 school budget, was before Council. Mr. ~heeler moved that the communication be flied. The motion was seconde~ by Mr. Pollard. Mr. Dillard offered a substitute motion that the communication be referred to budget study. The substitute motion was seconded by Mr. Jones and unanimously adopted. SOLICITATIONS: A communication from Mr. Cecil Simmons, conplainln9 of being arrested and fined for soliciting as a result of walking along downtown streets singing religious songs, was before Council. On motion of Mr. Young, seconded by Mr. Garland and unanimously adopted, the communication was ordered filed. REPORTS OF OFFICERS: SEWERS AND STORM DRAINS: The City Manager submitted a written report, advising that he has received a request from Mr. E. L. Iturt, 4412 Hazelridge Road, N, M.. representing a group of property owners on that street, that a sanitary sewer be constructed to serve Hazelridge Road. the City Manager estimating that the cost of sanitary sewers to serve portions of Dazelridge Road and Oaklawfl Avenue would be $20,000. Mr. Dillard moved that a Resolution be adopted creating a committee composed of Messrs. James E. Jones, Robert A. Garland and Murray A. Stoller before whom abutting landowners proposed to be served by the sanitary sewers may appear and be heard in favor of ur against the proposed construction of said sanitary sewers, the cost of which, when the s~me shall have been ascertained by said committee, is to be assessed or apportioned between the city and the abutting landowners as provide, by law. The motion died for lack of a second. Mr. Dillard then moved that the matter be referred to budget study. The lotion was seconded by Mr. Wheeler and unanimously adopted. CITY AUDITOR: The City Auditor submitted a monthly statement of the :eceipts and disbursements of the City of Roanoke for the fiscal period commencing )ctober 1, 1962, and ended October 31, 1962. On motion of Mr. Mheeler. seconded by Mr. Pollard and unanimously adopted. the statement was ordered filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AN~ CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PARKS AND PLAYGEOUNDS: Council having directed the City Attorney to prepare the proper measure conditionally approving a proposal of the Roanoke Coancl'l of Garden Clubs to beautify a portion of Elmuood Park, he presented same; whereupon, Mr. Garland offered the following Resolution: (ulSOlS) A RESOLU'FION authorizing and approring a voluntary proposal of the Roanoke Council of Garden Clubs to beautify a portion of the northeast section of Elmuood Park. (For full text of Resolution. see Resolution Book fin. 25, page 31.) AYES: Messrs. Dillard, Garland, Jones. Pollard, Wheeler, Youn9 and 14676. #essrs. Pollard and Mheeler pointed out that when the vtility tax was increased the members of Council ut that time promised the taxpayers that the increase would be for the year 19§2 only, Mr. Wheeler offering a smbstitute motion that the matter be carried over for consideration in budget study. The motion mas seconded by Mr. Pollard and lost by the following vote, Mr. Dillard commenting that he feels the matter should be decided now: AYES: MesSVSo Jones, Pollard and Wheeler .................. 3. MAYS: Messrs. Dillard, Garland, Young and Mayor St*lieF ....4. The original motion of Mr. Garland was then lost by the following vote: AYES: Messrs. Garland. Young and Mayor St*lief .............3. NAYS: Messrs. Dillard, Jones. Pollard and Mheeler ..........4. BUDGET-POLICE DEPARTMENT-FIRE DEPARTMENT: Council having previously referred the question of adopting a forty-hour work seek for members of the Police Department to the Budget Commission for its consideration, Mr. Dillard stated that he feels the schedule of the department can he rearranged So that not more than six additional men Kill be required to place the Police Department on a forty-hour work week basis and moved that the City Attorney be directed to prepare the proper measure amending Section 11, Office Hours and Holidays, Chapter 3, Title II, of The Code of the City of Roanoke, 1956, to provide for a forty-hour work week for tho Police Department, and that Council also consider the employment of additional firemen to reduce their hours in proportion thereto. After a discussion of the matter, Hr. Hheeler commenting that he feels such action is premature. Hr. Dillard moved that the question of a forty-hour work week for the Police Department be referred to the City Hanager for a study with the Superintendent of Police and the Chief of the Fire Department with a view of ascertaining whether or not a forty-hour work week can be accomplished in the Police Department, with comparable time off for members of the Fire Department, with a minimum of additional personnel. The motion was Seconded by Mr. Wheeler and unanimously adopted. STREETS AND ALLEYS-STAT£ HIGHWAYS: Council having previously adopted a Resolution requesting the Virginia Department of Highways to initiate a Federal Aid Urban Project to widen Salem Avenue, S. W., from First Street to Second Street, and indicating the willingness of the City of Roanoke to pay one-fourth of the cost of the project, and having adspted a stmilar measure for the widening of Franklin Road. S. W., from the Norfolk and Western Railway Company uuderpass to a point approximately 1200 feet south of Ueechwood Drive, Mr. Jones raised the qnestiol as to whether or not, in view of the financial condition of the city, the two projects can he postponed for a year. The City Manager advised that he has been informed by Mr. H. H. Harris, Commissioner of the Virginia Department of Highways. that the Highway Department cooperate in any way it can with the City of Roanoke with regard to thin matter. After a discussion of the matter, #r. Jones offered the follomiag emergent} Ordinance uith regard to the Salem Avenue project: (x15016) AH ORDINA~CK directing that no further action be taken uith reference to the widening of Salem Avenue, betmeen 1st and 2nd Streets, 5. W,. until December 10 1963; and providing for an emergency, (For full text of Ordinance, see Ordinance Book Ho. 26, page Hr. Jones moved the adoption of the Ordinance, The motion was seconded by Mr, Mheeler and adopted by the following vote~ AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller .................................. 7. NAYS: None ..........................O. Mr. Jones then offered the folloming emergency Ordinance with reference to the Franklin Road project: (~15017) AN ORDINANCE directing that flu further action he taken with reference to the project for widening Franklin Road, S. N., from the Norfolk and Mast*Fa Underpass to a point approximately 1200 feet south of Bcechwood Drive, until December 1, 1963; and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ro. 2b, page 32.) Mr. Jones m~ ed the adoption of the Ordinance. Yhe motion was seconded by{i Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. Mr. Jones then moved that the request of the Garden City Civic League for a new fire station in the Garden City area, which was previously referred to the Budget Commission, be referred to budget study. The motion was seconded by Mr. Nheeler and unanimously adopted. CITY EMPLOYEES W M : Br. '. . Battox, a member of the Fire Department, havinglt advised Council that city employees bare been notified by the City Auditor that office will no longer be able to make payroll deductions for U. S. Savings Bonds after December 31, 1963, due to the necessity of withholding state income taxes, and~ Council having directed that the matter be placed on the agenda for further consider{- tion at the present meeting, Mr. Dillard raised the question as to why the body was not notified before suck action was taken. The City Auditor explained that with the present equipment the only item that could be eliminated to provide for deduction of the state income tax was the deduction for U. S. Savings Bonds and that since the state income tax withholding is compulsory he had no choice. After a discussion of the matter, Mayor Stoller relinquished the Chair and moved that the City Attorney be directed to prepare the proper measure repealing Resolution No. 7245, authorizing and directing the City Auditor to make payroll deductions for city employees for the purchase of savings bonds. The motion was seconded by Mr. Young and lost by the following vote: ::96 AYES: Messrs. Stoller~ Young and Vice.Mayor Garland ..............3. NAYS: Messrs. Dillard, Jones, Pollard and Mbeeler ................4. Mayor Stoller then resumed the Chair and Mr. Jones moved that the City ~uditor he instructed to looh into the matter of equipment needed, ascertain the cost thereof and report to Council. The motion mas seconded by Mr. Dillard and unanimously adopted. In this connection, Mr. John R. MacKenzie, President, Roanoke United Central Labor Council, who Mas present at the meeting, expressed the hope that the City Auditor mill use manual methods to make payroll deductions far the savings bonds until adequate equipment is available since the elimination of payroll deduc- tions Mill in all probability reduce the number of bonds sold. The City Auditor explained that he is uorking On a plan to have the bant make the bond deductions and pointed out that if he has to continue payroll deductio for savings bonds without new equipment additional employees Mill be required to do the payroll by hand. Mr. Pollard moved that the motion of Mayor Stoller to repeal Resolution No. 7245 be reconsidered. The motion was seconded by Mr. Garland and adopted, Mr. Dillard voting no. The motion of Mayor Stoller was then adopted by the following rote: AYES: Messrs. Garland, Pollard, Young and Mayor 3toller ............ NAYS: Messrs. Dillard, Jones and Mheeler ........................... 3. On motion of Mr. Dillard, seconded by Mr. Garland and unanimously adopted, the meeting Mas adjourned. ATTEST: APPROVED COUNCIL, SPECIAL REETINU, Tbursdoyo November 29, 1962. The Council of the City of Roanoke met in special aeeting, Thursday. November 29..1962. at 2. p,m.,~ tar the purpose of ~onsidering a Resolution directing the City Clerk to advertise a public hearing Math reference to the proposed increase of the current tax levy For the 1963 tax 7ear. . PRESENT: Messrs. Dillard. Garland, Jones. Pollard, #heeler. Young and Mayor Stoiler ................................. 7. ABSENT: None .......................O. TAXES: Mayor Stoller stated that the Special meeting has been called for the purpose of adopting the proper measure directing the City Clerk to advertise a public bearing with reference to the proposed increase of the current tax levy for the 1963 tax year; whereupon, Mr. Nheeler offered the folloMiag Resolution: (~15018) A RESOLUTION directing the City Clerk to advertise a public hearing with reference to the proposed increase of the current tax levy for the 1963 tax year. (For full text of Resolution, see Resolution ~ook No. 26, page 32.) Rt. Nheeler moved the adoption of the Resolution. The motion nas seconde( by Rt. Dillard and adopted by the following vote: ALES: Ressrs. Oillard. Garland, Jones, Pgllard, Wheeler, Young and Mayor Stoller ............................ 7 .... 7. NAYS: None .........................O. On motion of Mr. Garland, seconded by Mr. Jones and unanimously adopted, the meeting nas adjourned. A [~ pR 0¥ E D ATTEST: Monday, December 3, 1952o The Council of the City of Roanoke met In regular meeting le the Cou~cll Chamber in the Municipal Building, Monday. December 3, 1952, at 2 pom., the regolar meeting hour, with Mayor Stoller presiding. PRESENT: Messrso Dillard, Garland, Jones. Pollard, Mheeler and Mayor Stoller ABSENT: Mr. Young ........~ ............. 1o OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. Randolph Mhittte, City Attorney, and Mr. J° Robert Thomas, City Auditor. INVOCATION; The meeting mas opened with a prayer by the Reverend Edwards, Pastor, First Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. November 19, 1952, having been furnished each member of Council, on motion of Mr. ~heeler. seconded by Mr° Pollard and unanimously adopted, the reading thereof HEARING OFCITIZENS UPON PUBLIC MATTERS: GASOLINE: Pursuant to notice of advertisement for bids on furnishing the requirements of the City of Roanoke for automotive gasoline for the period from January 1. 1963. to December 31. 1963, said proposals to be.received by the City Clerk until 1:30 p.m.. Monday, Oecember 3~ IR62, and to be opened at 2:00 p.m.. before Council, Mayor Stoller asked if there was anyone present who did not fully instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the proposals of the following bidders: · hiting Oil Company. Incorporated Fuel Oil ~ Equipment Company. Sinclair Refining Company Incorporated Humble Oil G Refining Company The Pure 0il Company Gulf Oil Corporation Salem Oil Company the City Attoreey to prepare the proper measure accepting the proposal of the lowest responsible bidder. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. Harry E. Stockton. et al.. requesting Avenue. described as Lots 14 and 15. Block $. Section 1, Virginia Heights. Official Tax Nos. 1330302 and.1330303, be rezoned from Special Residence District to Business District. was before Council. On motion of Mr. Garland. seconded by Mr. Pollard and unanimously adopted. the request rot rezonlng was referred lo the City Planning Commission for study. report nnd recommendation to Council. S£R£RS ARa STORM DRAINS: A Resolution of the Hoard or Supervisors of Roanoke County. requesting that the contract of September 20o 1954. between the City of Roanohe and the County of Ronnohe. dealing with the treatment of domestic and commercial mas,es, be amended by adding thereto a 132nacre tract of land in the vlcinitF of Virginia Route 119 end U. S. Route 221ne~ CaR Sj~Ag; a loaOO-acretract cf land in the vicinity of Virginia Route 685 and U. S. Route 11 at the southeast corporate limits of the Town of Salem; and a 241-acre tract of land adjacent to the Owight Bills Subdivision in the vicinity of Virginia Route 117. was before Council. On motfon of Mr. Nheeler, seconded by Mr. Pollard and unanimously adopted, the request mas refeFred to a committee composed of Mossrs. Roy L. Nebber, Chairman* ~alter Lo Voung, Arthur So Owens and Randolph G, ~hlttle for study, report and recommendation to Council. TRAFFIC-STATE NIGHRAYS: Council havin9 previously adopted a Resolution urging the early opening of a section of Virginia Route 117 to heavy truck traffic, a communication from Mr. H, R, Harris, Commissioner of the Virginia Department of Highways, advising that heavy truck traffic is now bein9 permitted to use Virginia Route 117. but that the Highway Department does not think it wise to encourage all truck traffic to use this route until both lanes of the dual highway have been completed next spring, was before the body. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the communication was ordered filed, BUDGET-SCHOOLS: A communication from the Roanoke Council Parent-Teacher Association, advising that it ia in favor of keepin9 the present prices of school lunches and increasing teachers' salaries in connection with the 1963 school budget, was before Council, On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the communication was referred to budget study. REPORTS OF OFFICERS: BUDGET-RECREATION DEPARTMENT: The City Manager submitted a written report advising that he has been informed by the Director of the Department of Parks and Recreation that $1,000 is needed in the Utilities account to complete the operation of the department for the remainder of the year, and recommended that $1,000 be transferred from the Supplies account to the Utilities account under Section ~111, "Parks and Recreational Areas," of the 1962 budget. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (ulSOlg) AN ORDINANCE to amend and reordain Section ~111, "Parks and Recreational Areas** of the 1962 Appropriation Ordinance, and providing for on emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 34.) 99 NF. Pollard moynd the adoption of the Ordinance. The motlQn UBS seconded by Hr, Garland and adopted by the following rote: AyFq: HessFs, Dillard, Garland, Jones, Pollard, Mb*cleF mud Hsyor Stoller ............................ 6, NAYS: ~None .................... O, (Mr. Young absent) STR~£T LIGHTS: The City ~anager submitted a written report, recommending that a street light be installed at the corner of Rushwood Street and £rontfer (=15020) A ~ESOL~TIGN authorizing tan Installation of one 2500 lumen (=15021) A RF~OLUTIOH permitting ~orfolk and ~estern Railway Compeny to 'e APPOINTMENTS-HEALTH DEPARTMENT: The City Manager submitted a written report, advising that he bas reappointed Messrs. Frank J. Sherertz, Flare S. Baird and Jack C. Smith as members of the Solicitation Board for two-year terms beginning January 1, 1963, On motion of Mr. Dillard,.seconded by Mr, Wheeler and unanimously adopted. the report was ordered filed, AIRPORT:~ The City Manager submitted a written report, advising that the lease of Piedmont Aviation, Incorporated, for rental of space lu Building No. 2 at Roanoke Municipal (Woodrum) Airport, at a rate of $225 per month, expires Uecember JO, 1962, and recommended that the lease be renewed for a period of five years at a rate of $250 per month. Hr. Dillard moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Garland and unanimously adopted. WATER DEPARTMENT: The City Manager submitted a written report, advising that the Roanoke Appalachian Trail Club has requested permission to erect a trail shelter in the area known as Lambert*s Meadow, between Julia*s ~nob and Bi9 Tinker Mountain. and recommended that the permission be granted. Mr. Jones moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Wheeler and unanimously adopted. DEPARTMENT OF PUBLIC WELFARE: Council at its meeting on June lB. 1962, having adopted Resolution No. 14847. authorizing the proper officials of the Virginl~ Department of Welfare and Institutions to use the Ronnoke Juvenile Detention Home as a center for the study Of children held in detention there for an experimental period of three months beginning July 1,,1962. the City Manager submitted a written report, advising that the initial period of study bas not provided sufficient time and experience to adequately evaluate the success of this venture, and recommended that the progra~ he extended for an additional period of six nonths. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (n15022) A RESOLUTION extending the effective period of Resolution NO. 14B47 for an additional period of six months. (For full text of Resolution. see Resolution Book No. 26, page 36.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Barland and adopted by the following vote: · AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ............................ 6. NAYS: None ....................O, (Mr. Young absent) BRIDGES: The City Manager submitted a written report, advising that a traffic survey Of the Buzzard Rock Ford Bridge has been made and recommending that 102 edge lines be painted ua the dech of the bridge tmo feet inside the guard rail on either aide So as to provide a ten foot traffic lane ia the center of ssld bridge and that barrier 'lines be added at both ends of the bridge so as to guide vehicles to the center of the one-lane roadway, Ia a discussion of the matter, Messrs, Dillard and Jones~ members of the committee studying conditions at the Duzzard Rook Ford Dridge, voiced the opinion that iuatead of tug 2-foot ualkways on the bridge it mould be better to have one 4-foot walhmay ga tau uortb side of the bridge and erect a barrier along the malhuay for added safety to pedestrians. The City Manager pointed out that the purpose of two malkways is to discourage vehicles from passing on the bridge. After a further discussion of the matter, Mr. Mheeler moved that Council concur in the report of the City Manager. The-motion was seconded by Mr. Pollard and adopted, Mr. Dillard voting no. DEPARTMENT OF PUBLIC RELFARE: Council having referred the question of curtailing ~elfare costs to the City Manager for study uith the Director of the Department of Public Welfare as to ho~ many melfare departments in Virginia are fully compensated by the state instead of under a cooperative basis, and whether or not certain functions of the local ~elfare department can be transferred to the state, the City Manager submitted a written report, advising that although the state will participate in payment of the salary of a Superintendent of Public Welfare it mill not pay any part of the salary of a Director of Public Welfare, which position constitutes the local board, further, that the state will take over operation of a local welfare department only ~hen its program is not administered in accordance of Hazeiridge Road. designated as Official Tax No. 2180901, be rezoned from Ceneral ,! 103 Hr. Rheeler moved that a public hearing on the request for reaoning be held at 2 p,m** December 31, 1962, The motion mas seconded by Mr. Pollard end unanimously adopted. ZONIHG: Council having previously referred to the City Planning Commissi( for study, report and recommendation a request of Mr, ~, J, Folden that property located at the southeast corner of Patterson Avenue and Eleventh Street, S, M** described os Lot 16, Rloch 24, F. Rorer Map, Official Tax Ho, 1112601, be rezoned from Special Residence District to Dusiness District, the City Planning Commission Submitted the folloulng report: 'Novenber 27, 1gO2 The Honorable Murray A. Stolier, Ralor. and Members of City Council, RoanoketYfrgfnla. GentLemen: In its November 21, 1952 meeting the City Planning Commission considered the above request. Information presented to the Planning Commission Showed that the lot is located in a block zoned for Special Residence District; however, the lots across the street are now zoned for business uses. It was also learned that the present owner has no specific plans for commercial development of his property. The City Planning Commission is aware of the changes occurring in the land use pattern of the laud areas adjacent to the central business district. The Planning Commission supports the policy to effectuate zone changes not on a sporadic and piecemeal basis but to have supportin9 evidence for the need Of a change in zoning. It Is, therefore, imperative for the Planning Commission to have available more detailed Infor- mation in the form of a study comprising the whole neighborhood. The area in question is included in a neighborhood study of the so-called West-End which has been initiated recently. At the present time. a housing survey of the structural conditions is being undertaken by the staff of the city*s health depart- meat. The City Planning Commission is of the opinion that unless more detailed information supporting the need for zone change is available, efforts of the city should be continued to maintain the value of residential properties and to assure the orderly development of the city. The City Planning Commission, therefore, recommends to City Council that the above rezoeing request be denied. Respectfully submitted, S/ Werner K. Sensbach Harold W. Hill, Chairman." In this connection, the City Clerk presented a communication from Mr. W. Courtney King, Attorney, representing the petitioner, asking that the request for rezonlng be withdrawn, Mr. Dillard moved that Council concur in the request of the petitioner and that the request for rezoning be withdrawn. The motion was seconded by Mr. Jones and unanimously adopted. REPORTS OF COMMITTEES: INDUSTRIES-SE~ERS AND STORM DRAINS: Council havln9 referred the one bid received for the construction Of a sanitary sewer to serve existing buildings at "tO4 the Roanoke Industrial Center (formerly American Viscose propertl) to a committee composed of Messrs, Benton O, Dillard, Chairman. Arthur $, Okens and H, Cletus Hroyles for studio report and recomuendation, the committee submitted a written report, advising that the propoaal of Hudgins and Pace in the amount of $42t34g. O0 is in keeping kith the estimate prepared bi the Engineering Department and recom- mending that said proposal be accepted and that the jun of $42,374,50 be appropriate to cover the cost of the contract and adrertlslng costs. On motion of Mr. Jones, seconded by Mr. Pollard and unanimously adopted, the matter mas referred back to the committee for further study with a view of delaying a part of the project for the time being. AUDITORIUM-COLISEUM: Council baring previously adopted a Resolution providin9 for the appointment of appraisers to make a confidential appraisal of the 22 i/2 acres of land in the Commonkeaith Redevelopment Project. recommended as a site for an auditorium-coliseum, and the appointment of a committee composed Of Messrs. Matter L. Young. Chairman, James E. Jones and Robert A. Garland to negotiate with the Commissioners of the City of Roanoke Redevelopment and Housing Authority in an effort to have the $500,000 price therefor reduced, the committee submitted a written report, advising that the appraisers have completed their work and the C. Cecil Flora and R. R. Qulck, the appraisers, have rendered bills in the amount of $505 each for their services and recommending that $1,500 be appropriated for payment of the appraisers. In this connection, the City Auditor pointed out that $233.18 bas been spent by representatives of the city in a trip to Philadelphia. Pennsylvania. with regard to the application of the city to the federal government for an advance of $50,000.00 to aid in defraying the cost of plan preparation for the auditorium- coliseum and suggested that this amount be included in the appropriation, the entire amount to be deducted from the $50.000.00 when it is received. Mr. Mbeeler then offered the following emergency Ordinance appropriating $1.733.18: (~15023) AN ORDINANCE to amend and reordaln Section ~142. ~Transfer to Improvement Fund,' of the 1962 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 36.) Mr. Mheeler moved the adoption of the Ordinance. The motion kas seconded by Mr. Dillacd and adopted by the following vote: AYES: Bessrs. Dillard, Garland. Jones, Pollard, Wheeler and Mayor Stoller NAYS: None ..................r-O. (Mr. Young absent) At the end of the meeting, Mr. Jones moved that Council go into executive session for the prupose Of receiving the verbal report of the committee with regard to the auditorium-coliseum and to consider various appointments to be made. The motion was seconded by Mr. Dillard and unanimously adopted. !! After the executive session. Mayor Stoller announced that out of courtesy Mr. Young, Chairman of the Committee, mbo is absent from the present meeting, and to the **using Authority the independent appraisal mill not be made public at this time and the committee mill negotiate mith the **using Authority in an effort to secure a more attractive price. UNFINISHED BUSINF. S$: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING-SEYOACK LINES: Ordinance No. 15014, establishing building setback lnes on Peters Creek Road, N. M** from Melrose Aveeue to Oershberger Road~ having reviously been before Council for its first reading, read and laid over, was again before the body, Mr. Pollard offering the followln9 for its second reading and final adoption: (#15014) AN ORDINANCE establishing building setback lines on Peters Creek Road, from Melrose Avenue to Oershberger Road, (For full text of Ordinance, see Ordinance Book No. 26, page 33.) NF. Pollard moved the adoption of the Ordinance. The ~otion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ............................ NAY5: None .................... O. (Mr. Young absent) HEALTH DEPARTMENT: Council haYin9 directed the City Attorney to prepare the proper measure establishing a charge of one cent per pound for neat processed at the Roanoke City Meat Inspection Center, effective as of January 1, 1963, he presente same; whereupon, Mr. Wheeler offered the following emergency Ordinance: (#1~024) AN ORDINANCE to amend and reordain subsection (b) of Sec. 2. *Regulations regarding uniuspected fresh-killed meat or meat products' of Chapter 5. *Meat aud Meat Products* of Title XIII. 'Health' of The Code of the City of Roanoke, 1956; and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 37.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the followin9 vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller .................... ? ....... NAYS: None ....................O. (Mr. Young absent) CITY EMPLOYEES: Council hating previously directed the City Attorney to prepare the proper measure repealing Resolution NO. 7245, adopted on February 24, 1942. authorizing and directing the City Auditor to make payroll deductions for city employees for the parchase of Defense Savings Bonds under certain rules and regula- tions as promolgated by the City Auditor, be presented same. In this connection, Mr. W. M. Mattox appeared before Council and stated tba he feels it would be unpatriotic of the nembers of Council to adopt such a Resolution repealing Resolution No. 7245. 105 106 Members of Council pointed out that it Is necessary to repeal the ResoLution because nt the present time the City Auditor does not have the proper equipment to make additional cumulative payroll deductions, Mr, Mattox suggested that that problem could be solved by requiring city employees to purchase one bond at a time rather than in cumulative payments. The matter having been discussed at great length, Mtn Pollard moved that a committee be appointed to consult with representatives of The National Cash Register Company for the purpose of ascertaining whether or not there Is any may a payroll deduction for U, S, Savings Bouds can be made on present equipment in the office of the City Auditor. The motion mas seconded by Mr. h~eeler and unanimously adopted. Mayor Stoller then appointed Mr. Pollard as a committee of one. MOTIONS AND MISCELLANEOUS BUSINESS: STATE NIGBWA¥S: Council having previously adopted an Ordinance directing that no further action be taken with reference to the project for widening Franklin Road, S. M.~ from the Norfolk and Restern Underpass to a point approximately 1200 feet south of Beechwood Drive, until December 1, 1963, Mr. Harry L. Rosenbaum, President, South Franklin Road Association, appeared before Council and objected to delaying the project, Mr. Rosenbaum questioning the wisdom of rescinding the actions of a previous Council and expressing the fear that property owners who have donated land for the project may withdraw their offers, it being his opinion that improvin9 the southern entrance to the city is an important project, as well as improvin9 other entrances to the city. Mr. Jones pointed out that the project has only been delayed for one year and that this will give the South Franklin Road Association more time in its efforts to secure donations from all of the affected property owners on Franklin Road. Jones stating that he would like to see a master thoroughfare plan finished to some extent to see if Franklin Road ties in with the plan before final action is taken. Mayor Stoller advised Ry. Rosenbaum that Council would take his remarks under consideration. SE~ERS AND STORM DRAINS: Council having referred to the Budget Commission for its consideration the request of ~r. Albert Folden, 201Maplelawn Avenue. N. that flooding conditions at the intersection of Maplelawn Avenue and Link Street, N. E., be corrected at a cost of approximately $22.500, Mr. Folden appeared before the body, advising that the Budget Commission did not include the project in its recommendations, and requested that funds for this project be included in the 1963 budget. After a lengthy discussion of the matter, the City Manager pointin9 out that there are other areas in worse condition than this one and that he feels the projects should be submitted to the freeholders in a bond referendum, Mayor Stoller relinquished the Chair and moved that the matter be referred to the City Manager for consultatiou with Dr. Byron N. Cooper and report to Council on a priority basis. The motion was seconded by Mr. Dillard and unanimously adopted. :! AIRPORT: Rr. Stoller stated that the fixed base operators at Roanoke Municipal (Moodrum) Airport feel they are not being consulted in matters concerning the airport and that they should be given representation on matters referred to the Airport Committee in the future, After · discussion of the matter, Mr, Stoller moved that the question be considered at the same time Council holds an informal meeting to consider the suggestions of Mr. Robert M, Roody for formally setting up and designating major committees, The motion was seconded by Mr, Jones and unanimously adopted. CXT¥ EMPLOYEES: Mr. Stoller moved that the City Attorney be directed to prepare the proper measure providin9 that the city practice a policy during 1963 of reducing personnel by attrition; i,e., that retirements, resignations and other personnel Vacancies be left vacant unless urgently needed and requested by the City Manager and approved by Council, The motion was seconded by Mr. Dillard, In a discussion of the matter, Mr. Garland contended that such a policy would be interfering with the prerogatives of the City Manager, that the Jobs are established once the budget Is adopted, that it sill be time consuming for Council to have to approve every vacancy that is filled and that such a policy will he bad for the morale Of city employees. Mr. Dillard replied that the proposed measure merely establishes a policy of Council and does not interfere ~lth the prerogatives of the City Manager, that merely restricts the budget since Council has the authority to abolish positions contained in the budget anytime Jt wants to. After a further discussion of the matter, Messrs. Pollard and Mheeler commenting that they would vote for the preparation of such a measure but would not commit themselves to voting for the Resolution when Jt comes before Council, the motion Of Mr. Stoller was adopted by the follo~lng vote: AY ES= Messrs. Dillard, Jones, Pollard, Stoller and Wheeler ............. 5. NAYS: Vice Mayor Garland ............................................... (Mr. Young absent) POLICE DEPARTMENT: Council having previously referred the question of a forty-hour work week for tho Police Department to the City Manager for a study with the Superintendent of Police and the Chief of the Fire Department with a view of ascertaining whether or not a forty-hoar work week can he accomplished in the Police Department, with comparable time off for members of the Fire Department. with a minimum of additional personnel, Mayor Stoller resumed the Chair and presented the following suggestions from a private citizen as to how a forty-hour ~ork week for policemen can be obtained with the employment of one additional person: "There is now a Captain of Police over the uniformed division who could handle anything that might come in that is usually handled by the Lieutenant. The Docket Office could still take care of things at night. Each platoon has a Lieutenant and Desk Sergeant ~sstgned to them, so each of the three platoons could place a Lieutenant and Sergeant in a car. 107 108 The' small amount of book mork done by the Lieutenant could be turned over to the'girl at the information desk as her work is lighter due to a change in timekeeping reports. The two pollcemomen could be assigned to the dispatcher*s desk where the Desk Sergeants° ere eom assigned, It mould then be necessary to employ only one person, · monna dispatcher for a third platoon. This would give the department the 6 employees, The typewriter at the Lieutenant's Desk could be transferred to the docket office so there would be no need of purchasing a nam one. There are also two desks in the Lieutenant's Office.' On motion of Mr, Jones, seconded by Mr. Dillard and unanimously adopted, the suggestions were referred to the City Manager in connection with his study of the matter. PLANNING: Mayor Stoller brought to the attention of Council the empirati~ of the term of Mr. Harold W, Ilill as a member of the Roanoke Valley Regional Plannin and Economic Development Commission on December 31, 1962, and called for nominations Mr, Wheeler placed in nomination the name of Harold W, Hill. There being no further nominations, NFo Harold W. Hill was reelected as a member of the Roanoke Valley Regional Planning and Economic Development Commission for a term of three years beginning January 1, 1963, by the following vote: FOR MR. HILL: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller .................................... 6. (Mr, Young absent) SMOKE CONTROL: Mayor Stoller brought to the attention of Council thc expiration of the term of Mr. Carroll D. Traylor as a member of the Advisory and Appeal Board, Air Pollution Control, on December 31, 1962, and called for nomination Mr. Garland placed in nomination the name of Carroll G. Traylor. There being no further nominations, Mr. Carroll G. Traylor was reelected as a member of the Advisory and Appeal Board, Air Pollution Control, for a term of four years beginning January 1. tg63, by the following vote: FOR MR. TRAVLOR: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller .............................. 6. (Mr. Young absent) ZONING: Mayor Stoller brought to the attention of Council the expiration of the terms of Messrs. F. M. Brill, Louis P. Smithey, $. II. Barnhart. L. Elwood Norris and A. M. Eckstein as members of the Hoard of Zoning Appeals on December 31, 1962, and called for nominations. Mr. D{ilard placed in nomination the names of F. M. Brill, Louis P. Smithey, S. H. Barnhart, L, Elwood Norris and A. M, Eckstein. There being no further nominations, Messrs. F. M. Brill, Louis P. Smithey, S. He Barnhart, L. Elwood Norris and A. M, Eckstein were reelected as members of the Board of Zoning Appeals for terms of three years each beginning January 1, 1963, by the following vote: FOR MESSRS. BRILL, 5MITHEY. BARNHART, NORRIS AND ECKSTEIN: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ........................6, (Mr. Young absent) STADIBM: Mayor Broiler brought to the attention of Council the expiratlot of the terms of Messrs, R, Boiling Izard, Abney S. Hoxleyo C, R, Cnddy. Richard C. Stephensoo, Milllam P, Smarta, Jr,, and E, Cnbell Brand. President of the Tonchdomn Clube as members of the Btadium Advisory Committee on December 31, 1962, and called for nominations° Mr, Pollard placed in nomination the names of M, Bolling Izard, Abney S, Boxley, C. E, toddy, Richard C, Stephenson, Milllam P. Smartz, Jr.t and the incomin president of the Touchdoun Club. There being no further nominations° Messrs. M. Bolling lzard, Abney Boxley, C, E, Cuddyo Richard C, Stephenson and #llliam P. Swarta, JF, o were reelected as members of the Stadium Advisory Committee for terms of two years each beginning January 1, 1963, and the incoming president of tam T~chdo~n Clab mas elected as a member of the Stadium Advisory Committee for a term of one year beginning January 1, igc3, by the following vote: FOR MESSRS. IZARD, BOXLEY, CUDDY, STEPHENSON, SWARTZ AND THE INCOMING TOUCHDOMN CLUB PRESIDENT: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor St*lief ............................ 6. (Mr. Young absent) PLANNING: Mayor St*lief brought to the attention of Council the expira- tion of the terms of Messrs. Co E. Hunter, Jr., B, N, Embank and Joseph D. Lawrence as members of the City Plannin9 Commission on December 31, 1962, and called for nominattoos. Mr, Jones placed in nomination the names of C, E. Hunter, Jr., B. Eubank and Joseph D, Lawrence, There being no further nominations, Messrs. C, E. Hunter, Jr,, B. N, Eubank and Joseph D. Lawrence were reelected as members of the City Planning Commission for terms of four years each beginning January 1, igb3, by the foil*win9 vote: FOR MESSRS. HUN~ER, EDBANK AND LA~RENCE: Messrs, Dillard, Garland. Jones. Pollard, Wheeler and Mayor Broiler .............. 6, (Mr, Young absent) TRAFFIC: Mr. Wheeler moved that the City Attorney be directed to prepare the proper measure amending and reordaining Section 157, relating to the manner of redeeming impounded vehicles, Chapter !, Title XYIII, of The Code of the City of Roanoke. 1956, by increasing the fee provided for in said sectioo from $3,50 to SB, O0, effective January 1. 1963. The motion was seconded by Mr. Jones and unani- mously adopted, On motion of Mr. Dillard, seconded by Mr, Garland and unanimously adopted, the meeting uas adjourned. ATT~T: APPROVED 109 110 COUNCIL, REGULAR MEETING, Nonduy, December 10, 1962. The Council of the City of Roanoke met in regular meeting In the Council Chamber in the municipal UuildJn9, Monday, December I0. 1962. at 2 p.m.. the regular meeting hour, with #slur Stoller presiding. PRESENT: Messrs. Dillard. Garland. Jones. Pollard, Mheeler and aayor Stoller .................................... 6. AUSENT: Br. Yonng ...............I. OFFICERS PRESENT: Mr. Arthur S. Ovens. City Ranager.+ Mr. James N., Kineano Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend L. F. Ovenshire. Superintendent, Goodwill Industries. MINUTES: Copy of the minutes of the regular meeting held on Monday. November 25, 1962. having been furnished each member of Council, on motion of Mr. Wheeler, seconded by Hr. Pollard and unanimously adopted, the reading thereof Nas dispensed with and the minutes approved as recorded. Copy of the minutes of the special meeting held on Thursday, November lgG2, haydn9 been furnished each member of Council. on motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC ~ATTER$: NONE. PETITIONS AND COMMUNICATIONS: STREETS ARB ALLEYS: A petition from Rt. Earl A. Fitzpatrick. Attorney, representin9 Mrs. Blanche L. Bowman, et al., requesting that Averett Street, N. between WilliamsonRoad and Round Hill Avenue. be vacated, discontinued and closed a distance of 388.34 feet, was before Council. On motion of Mr. Wheeler. seconded by gr. Pollard and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendatibn to Council. Rt. Wheeler then offered the following Resolution providing for the appointment of viewers: (m15025) A RESOLUTION pro¥idfn9 for the appointment of five freeholders, any three of whom may act, as viewers in connection with the petition of Blanche L. Bowman. Sam T. Bowman. Alise B. Moomaw. George P. Bowman. Richard H. Do,man. Mbffett Il. Bowman and Elinor B. DeLong to vacate, discontinue and close a portion of averett Street. N. ~., between the westerly side Of Wiiliamson Road and the easterly side of Round Hill Avenue. a distance of 3BB.34 feet. as shown on the map of Bowman La~n Subdivision in the City of Roanoke. Virginia, dated January 28, lg20, of record in the Clerk*s Office of the Circuit Court of Roanoke County. Virginia, in Plat Book 2. at Page 13, shown on said plat as being 40 feet in ~idth, no~ SO feet in ~ldth. as provided by Ordinance of the Council of the City of Roanoke No. 10917, dated January 22, 1951. (For full text of Resolution, see Resolution Book No. 26, Page 37.) Mr. Mheeler moved the 8~option of the Resolution, The motion was seconded by Hr. Garland and adopted by the following rote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor St*lief ........................... 6. NAYS: None ...................O. (Mr. Young absent) SEWERS AND SYOg# DRAINS: A Resolution of the Council of the Town of Salem reqnestlng that the contract between the Town of Salem and the City of Roanoke. dated October 16, 1953, dealing with the treatment of domestic and commercial wastes be amended by adding thereto sixty acres of land adjacent to the south corporate limits of Salem between Roanoke River and Penley Boulevard. was before Council. On motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the request was referred to a committee composed of Messrs. Walter L. Young, Chairmat Roy L. Webber, Arthur S. Owens and Randolph G. Whittle for study, report and recommendation to Council. PLANNING: A communication from Mr. Werner K. Sensbach, Director of City Planning. transmitting a report on a study of the Gainsboro Community. was before Council. On motion of Mr. Jones. seconded by Mr. Pollard and unanimously adopted. the communication and report were received and filed. STREET LIGHTS: A communication from the Appalachian po~er Company. trans- mitting a list of street lights installed during the month of November. 1962, ~as before Council. On motion of Mr. Garland, seconded b~ Mr. Wheeler and unanimously adopted, the communication was filed. TAXES: A communication from Mr. Cecil Simmons. stating that if an~ tax totally disabled and placed on pension, was before Council. On motion of Mr. Pollard. seconded by Mr. ~heeler and unanimously adopted, the communication was received and filed. BUDGET-SCHOOLS: A communication from the Monroe Junior High School Parent-Teacher Association, requesting that tho 19~3 school budget be approved in the amount of ~7,553.984. was before Council. On motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted, the communication was filed. GARBAGE REMOVAL: Copy of a communication from Mrs. Florence Iletz to the Times-World Corporation, urging that Council give consideration to composting garbage instead of building a new incinerator, was before the body. On motion of Mr, Wheeler, seconded by Mr. Pollard and unanimously adopted, Iii REPORTS OF OFFICERS: BUDGET=POLICE DEPARTMENT: The City Manager submitted · written report, advising that one of thetwo police~oaen In the Police Department has retired nnder temporary pension and requesting permission to fill the position mith a policeman. Mr. Dillard moved that Coancil concur in the recommendation of the City Manager and offered the following emergency Ordtnancex (~1502b) AN ORDINANCE to amend and reordain Section #60, *Police Depart- meat,* of the 19G2 Appropriation Ordinance, and providing for an emergency. NHEREAS. for the usual daily operation of the Municipal Government of the City of Roanoke, on emergency is declared to exist. TilEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Section ~60, "Police Department.* of the 19G2 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT ~60 Salary. Patrolmen. 92 · Scale ..................... $425,745.00 Salary, Policewomen, I e Scale .................... 0,625.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr.:Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jcnes. ~ollard, ~heeler and Mayor Stellar ........................... NAYS: None ...................O. (Mr. Young absent) STREET LIGHTS: The City Manager submitted a written report, recommendin that street lights be installed at the corner of Nayne Street and Courtland Road. N. E., and on Courtland Road, N- E., between ~ayne Street and Carver Avenue. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (#15027) A RESOLUTiON'authorizing the iflstallation of street lights at various locations in the City of Roanoke. (For full text of Resolution, see Resolution Book No. 26, page 39.) Mr. Nheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the follY, lng vote: AYES: Messrs. Dillard, Garland, Jones, Pollard,.Wheeler and Mayor Stoller ........................... NAYS: None ...................O. (Mr. Young absent) STATE HIGHWAYS: Council having previously adopted an Ordinance generally approving a proposal for the widening and channeling of Oran§e Avenue, N. E., west of Williamson Road to Interstate Route $61, said proposal including a crossover at Courtland Road. and authorizing and directing the City Manager to negotiate with requisite federal and state departments and agencies in an effort to have the proposed improvements approved as a Federal Aid Urban Project. the City Manager submitted a written report, advising that he has been tnformed by Mr. J. E. Johnson State Urban Engineer of the Virginia Department of Highways, that the latest plan has been reviewed by the Highway Department and the United States Bureau of Public Roads and that because of the proximity of the Interstate ramp terminal and Courtlan Road these agencies believe the proposed cbannelization would lead to a hazardous condition resulting from the short weaving area; therefore, they have rejected the proposal of the city and propose to proceed with Route 581 plans.for the Orange Avenue interchange on the basis of providing a four-foot median on Orange Avenue which will end at the off-ramp termini. In this connection, Mr. Leonard G. Muse, Attorney, representing interested property owners, appeared before Council and voiced the opinion that if the proposal is to be rejected such rejection should come from the head of the Virginia Department of Highways, Commissioner H. H.'Harris. Council being of the opinion that the Virginia Department of Highways and the United States Bureau of Public Roads should be requested to include the ~idening and channeling of Orange Avenue, N. E., west of Wllliamson Road to the Xnterstate Route 501 project, in said project, and leave an opening in the median at Courtland Road upon assurance from the City of Roanoke that the city will agree to close the opening if. twelve months after the completion of Interstate Route 591 to Elm Avenue. the High,ay Department feets the crossover should be closed, ~r. Jone~ offered the folio.in9 Resolution: (=15028) A RESOLUTION agreeing to close the opening to be provided in the median strip on Orange Avenue at the intersection of Courtland Road should traffic conditions and public safety, in the judgment of the Virginia Department of Highways, after a survey by the Bighway Department, warrant such closing after the expiration of a period of twelve months after the completion of Interstate Route S~l to Elm Avenue. (For full text of Resolution, see Resolution Book No. 26, page 40.) Mr. Jones moved the adoption of the Resolution. ?he motion was seconded by Mr. Wheeler and adopted by the followin9 vote: AYES: Messrs. Dillard, Garland, Jones, Pollard. Wheeler and Mayor Stoller ...................... NAYS: None ..........O. (Mr. Youfl9 absent) STATE HIGHMAYS-STREETS AND ALLEYS: Council having previously adopted an Ordinance directing that no further action be taken with reference to the project for widening Franklin Road. S. ~., from the Norfolk and ~estern Underpass to a point approximately 1200 feet south of Reech~ood Drive. until December 1, 1963, and having also adopted an Ordinance directing that no further action be taken with reference to the widening of Salem Avenue, S. ~.. between First Street and Second Street. until December 1. 1963. the City Manager submitted a written report, trans- mitting the following communication from Mr. J. E. Johnson, Staid Urban Engineer of the Virginia Department of Highways: 113 "December 3. 1962 Hr. Arthur S, O~ens City Manager Roanoke, Virginia; Dear Mr. Owens: Following your telephone conversation Hith Commissioner Harris on Medueadoy, November 21, 1952, concerning the possible deferment of the urban Federal-aid projects programmed on Route 220 (Franklin Road) and Route 11 (Salem Avenue), a meeting Has arranged with you and held in the Salem District Office on lednesday, November 28. The purpose of this letter is to confirm ~hat I explained to be the State's position. At the beginning of the discussion, I stated that both projects Here programmed with the Bureau in 5tare II, ~hich meant that the Federal Funds Here obligated and could not be transferred to other projects nor to other cities. I stated that the Department would offer no objection to the deferment of the Franklin Road project until December 1953, because it ~ill be approximately twelve months before plans sill be completed to right of Hay acquisition stage. Further, if the City contemplated postponement beyond December 1953, they should, by Council resolution, request the Department to Hithdraw the project and agree to reimburse the State for all costs incurred to date. In the discussion covering the Route 1! (Salem Avenue)project, ! pointed out that the City was furnished plans for right of way acquisition on April Il. lqSl. Mr. Hurt, oar RiGht of Way Engineer, stated that appraisals had been made and approved on all properties and offers had been made. Be ~as of the opinion that if the City would go ahead ~ith condemnation proceedings, the right of way could be cleared within thirty days. I informed you that the Department could not agree to delay this project further and that we felt the City should go ahead Hith right of Hay clearance as expeditiously as possible and stated that if the City decided not to go ahead with the project at this time, Council should officially request it to be withdrawn and agree to reimburse the State for nil costs incurred to date. Because this project is on our advertising schedule for February 5, 1953, I shall appreciate an early reply covering City Council°s decision in this matter. Sincerely, S! J. E, Johnson a. E. Johnson State Urban Engineer# with the City Reneger, to prepare the proper measure repealin9 the Ordinance on the Franklin Road project and authorizing the City ~anager to continue with neqotiation~ for acquisition of land for the widening of Franklin Road without committing the to any expenditure of funds on the project in 19~3. The motion was seconded by Mr. Jones and unanimously adopted. Mr. Pollard then moved that the City Attorney be directed to prepare the proper measure repealing the Ordinance on the Salem Avenue project. The motion was seconded by Mr. Wheeler and unanimously adopted. ~E~ERS AND STORM DRAINS: Council hating previously referred to the City Manager for study and report o complaint of Mr. J. H. Jones, 4H19 Delray Street, N. W., of storm waters backing up into his property from Hershberger Road, the City Manager submitted a ~ritten report, advising that the stone around the drainage Hell in the area had sunh sutural inches and that this condition has been corrected. On motion of Mr, Dillard. seconded by Wr,.Wheeler and unanimously adopted, the report mas filed, CITY PROPERTY: Council having previously requested the City Manager to prepare a list and map of all city-owned property located wi*bin the city for submission to the City Planning commission, the City Manager submitted a written report, transmitting a map indicating parks, playgrounds, schools, etc., and advising that he mill present to Council at a later date a map showing all property owned by the city. On motion of Mr. ~heeler, seconded by Mr. Pollard and unanimously adopted, Ibm report ~as received and filed. REPORY5; Yhe City Manager submitted a written report, transmitting a report of the Department of Public Welfare for the month of October, 1962, and listing monthly departmental reports on file in his office. On motion of Mr, Wheeler. seconded by Mr. Pollard and unanimously adopted, the report was filed. REPORTS OF COMWITTEES: ASSESSMEN'I OF PROPERTY: Council having previously referred the question of how long the tenure of office should be for the Board of Equalization to Councilman Benton O. Dillard and hr. James K. Kincanon. Assistant City Attorney, for study and report, the committee submitted the following report: "December 3, 1962 ROANOKE CITY COUNCIL, Roanoke. Virginia. The undersigned committee appointed by the City Council on November 19, 1962, concerning the Board of Equalization. begs to report as follows: 1. The Court of Law and Chancery, pursuant to statute. appointed Messrs. Floyd M. Drill. J. Hunter Roberts and Lawrence D. Johnson to compose the Board of Equalization on November 29, 1962. The appointed members qualified and organized immediately following qualification and elected Mr. Brill as chairman and J. Hunter Roberts as secretary. 2. While the statute prorides that the tenure of the Board expires June 30th. 1963, it is believed that the Board ~ill be able to conclude its work in 90 sitting days. The Board will begin its ~ork immediately after the Board of Assessors makes it report to the Court, 3. It is the duty and responsiblity of City Council, by statute, to fix per diem compensation of the Board members, necessary clerical assistance, a place for Hoard meetings and necessary supplies. The committee in this respect recommends as follows: 3 Board members at $45.00 per day - $135.00per day x gOd.s=$12 150.00 I clerk at $14.25 per day -$14.25 per day x 90 days 1:2D2.50 2 clerks at $11.00 per day = $22.00 per day x 75 days 1,650.00 Total estimated compensation ............ $15,002.50 Estimated expenses: Telephone 15.00 Rental of business machines 2T5.00 OffiCe supplies, prim*in9 150.00 Stationery and postage 100.00 Legal advertisin9 notices 60.00 Transportation and misc. 67.50 Total estimated expenses 667.50 Total estimated compensation and expenses .............. $15.750.00 115 4, Me, also, recommend that the city manager make arrangements for the Board of Equalization to occupy the same qoarters in the Jefferson High School Annex nam being nsed b~ the Doard of Assessors. 5. The 1959 Board of Equalization sat for 76 days. The 1958 Board of Assessors made 37,068 separate assessments and the 1962 Board will make approximately 42.000 separate assess- ments. Thus on a comparative basis the above recommended costs for the 1963 Board are in line with the expenses or the 1959 Board. 6. Ye further recommend that Council pass an Ordinance fixing the compensation and expenses of the Board. S/ Benton O, Dillard S/ J, Nt Kiflcanon Committee." Mr. Dillard moved that Council concur in the recommendations of the committee and offered the following Resolution: (~15029) A RESOLUTION fixing the per diem ~ompensation of the members of the City*s 1962 Board of Equalization of Real Estate Assessments and of their clerical and other assistants, and providin9 for the payment of certain estimated expenses of s~id Board. (For full text of Resolution, see Resolution Book No. 26, Page 41.) Mr. Dillard moved the adoption of the Resolution. The motion ~as seconded by ~r. ~he~ler and adopted by the follo~iflg vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Nheeler and Mayor Stoller ........................... b. NAYS: None ...................O. (Mr. Young absent) GASOLINE: Council havin9 previously referred bids on furnishing the requirements of the City of Roanoke for automotive gasoline for the period from January 1, 1963, to December 31, 1963, to a committee composed of messrs. Roy R. Pollard, Sr., Chairman, Arthur S. Owens and B. B. Thompson for tabulation and report, the committee submitted a ~ritten report, together ~ith a tabulation sho~ing the Gulf 0il Corporation as !o~ bidder for furnishing regular ~asoline to tho City Garage and Nm,er Department and premium gasoline to the Fire Department, and sho~ing · exaco, Incorporated, as lc~ bidder for furnishing premium gasoline to the City Garage. Mr. ~ollard offered the follo~ing Resolution accepting the proposal of the Gulf Oil Corporation: (~1~030) A RESOLUTfO~ acceptin~ the proposal of Gulf Oil Corporation for furnishin~ regular gasoline to the City Garage and ~ater Department and premium gasoline to the Fire Department; and rejecting other similar bids. (For full text of Resolution, see Resolution Book No. 26,. Page 42.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the follo~ing vote: AYES: Ressrs. Dillard, Garland, Jones, Pollard, ~beeler and Mayor ~toller ........................... b. NAYS: None ...................O. (Mr. Young absent) Mr. Pollard then offered the following Resolution accepting the proposal of Texaco. Incorporated: (#15031) A RESOLUTION accepting the proposal of Texaco, Incorporated. for furnishing premium gasoline to the City Garage; and rejecting other similar bids, (For full text of Resolution, see Resolution Book No. 26, Page Ne. Pollard moved the adoption of the Resolution. The motion ~as seconded by Mr. ~heelee and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard. Wheeler and Mayor Stoller ........................... 6. NAYS: None ...................O. (Mr. Young absent) CITY EMPLOYEES: Mayor Stoller having appointed Mr. Roy R. Pollard, Sr., as a committee of one to consult with a representative of the National Cash Register Company for the purpose of ascertaining whether or not there is any a payroll deduction for U. So Savings Bonds can be made on present equipment in the office of the City Auditor, Mr. Pollard submitted a written report, advising that he has been informed that The National Cash Register Company, in reviewin9 the payroll requirements, has found that there is no possible way of changing or adding to the present equipment to handle the bond deduction requirements. la this connection, hr. C. h. ~o~man. representative of Yhe Aational Cash Register Company. appeared before Council and outlined reasons as to why the present equipment in the office of the City Auditor cannot handle the bond deduction requirements. Mr. Garland moved that the report of the committee be filed. The motion was seconded by Mr. Pollard and unanimously adopted. Mr. Garland then offered the following Resolution repealing Resolution No. 7245. authorizing and directing the City Auditor to make payroll deductions for city employees for the purchase of bonds: (~!5032) A RESOLUTION repealing Resolution No. 7245. (For full text of Resolution. see Resolution Book No. 26. page 43.) Mr. Garland moved the adoption of the Resolution. The motion ~as seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard, Mheeler and Mayor Stoller ......5. NAYS: Mr. Dillard .....................................................1. (Mr. Young absent) Mr. Dillard then moved that a committee of three be appointed to study the question of modernizing accounting equipment in the office of the City Auditor. The motion was seconded by Mr. Wheeler and unanimously adopted. Mayor Stoller appointed Messrs. Robert A. Garland. Chairman, Roy R. pollard, Sr., and J. Robert Thomas as members of the committee. SEMERS A~D STORM BRAINS-INBUSTRIES: Council having previously received a report from a committee composed of Messrs. Benton O. Dillard, Chairman, Arthur S. Owens and H. Cletus Broyles, recommending that the proposal of Dudgins and Pace in li? 118 the amount of $42,349.00 for the construction of a sanitary sewer to serve existing buildings et the Roanoke Industrial Center (formerly American Viscose property) be accepted and that the sum of $42,374.50 be appropriated to cover the cost of the contract and advertising costs, end having referred the matter back to the committee for further study with a view of delaying · part of the project for the time being, the committee submitted a verbal report, advising that in the long run there ~ould be little, if any, savings in delaying a part of the project and reaffirming its original recommendation. Mr. Dillard moved that Council concur in the recommendation of the- committee and offered the following emergency Ordinance accepting the proposal of Hudgins and Pace: (~15033) AN ORDINANCE accepting the proposal of Hudgins ~ Pace for the construction of a sanitary sewer to serve existing buildings at Roanoke Industri Center; authorizing the proper City officials to execute the requisite contract; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 43.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Wheeler and Mayor Smaller ................................... 6. aAY~: None .....................O. I~r. Young absent) Mr. Wheeler then offered the following emergency Ordinance appropriating $42,3?4.50: (#15034) AN ORDINANCE to amend and reordain Section hi41, #Sewer and Drain Construction," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 44.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................... 6, NAYS: None .....................O. (Mr. Young absent) STREETS AND ALLEYS-SCHOOLS: Council having appointed a committee to negotiate with the owners of property required for the extension of Ferncliff Avenue N. W., to serve the new William Fleming High School, the committee submitted the following report: 'Re: Ferncliff Road Extension Th~ Ilonorable Murray A. Stolier and Members of City Council As instructed, your committee has met in an effort to resolve the problems pertaining to the above subject matter and wish to report the following with respect to the properties involved as shown on City Plan NO. 4625. 1. Ernest R. and Mary C. Conner - Hr. Conner, after having reviewed in detail the proposed road and its location, will convey to the City a 50 foot wide strip of land 320 feet deep, containing 0.353 acres, for the sum of 91,600. (No change in previous commitment.) 2. A, F, Hoback Prooertr - Mr. Hoback has agreed to donate to the City a $0 foot wide strip of land containing 1.061 acres, having an appraisal value of 92,025. and also to relinquish his demand for a water main estimated to cost $10,000 in ex- change for the folloming'considerations: a. That the City construct a 30* road instead of the ROt as proposed to provide for a safer access to William Fleming High School; b. That the City agree to install an asphalt curb along the north side of this road for the full length of his property to prevent possible drainage problems and to keep vehicles out of his plowed farm land; c. That the city agree to enter into a contract for this property prior to December 31, 1962; d. That a copy of the appraisal of his property he made available to him. 3. J, L, Ramse¥ Property - Mr. Ramsey has agreed to donate to the City the necessary property as indicated on the attached plan for the proposed road, said land containing approximately .O?1 acres of land having an appraisal value of 9110. Mr. Ramsey also relinquishes his demands for a water main in exchange for the following considerations: 20'; orer his property. 4. Mrs~ Elya J. Garst Ironertv - The family of Mrs. Elva J. Oars* has agreed to donate to the City a strip of land 25 feet wide containing .345 acres of land having an appraised value of 9525. The Oarst family ~ould prefer that Ferncliff be extended through to Routt Lane but a cml de sec at the west boundary would be acceptable. This means that the proposed street would be extended the full length of the Oarst preperty. 5. Mrs, M, A, Hudgins Prnnertv - Not involved unless Ferncliff is extended through to Rout* Lane. Your committe has prepared a revised estimate for the cost involved under the above set forth conditions, This estimate is as follows: 30* Macadam - h~ (Surface treatment similar to Routt Lane) Excavation 5000 c.y. · 91.OO $ 5,000.00 Pavement and base (30' wide) 7500 s.y. ~ 91.30 9,750.00 Drainage: 2 C.B. with connections 1,000.00 Asphalt Curb: 950' 8 9.65 617.50 Est. for street extension incl. cul de sec 2?0' 8 $7.09 2,000.00 Land - Ernest R. Conner 1,~00.00 920,247.50 Add 5% for contingencies 1,012~37 Total Cost for Roadway 921,259.87 Your committee would like to point out that the 30 foot street will provide greater safety in the movement of traffic, and ~e concur with the expressions of the property owners who are willing to donate their land under this condition. We realize, also, that safety mould be further enhanced if Ferncliff could be extended through to Routt Lane. It is our belief that firm bids on the construction of this roadway might be such as to permit this through extension. In conclusion, your committee highly recommends that Council instruct the City Manager to proceed with obtaining the following: 1. A contract between the City and the property owners be initiated immediately for the land involved in order to comply with Mr. A. Hoback's request; li9 2o Firm bids for the cost of constructing this extension from Hershberger Road.west to the west property line of the Garst Property~ 3. An alternate bid for constructing this extension from Hersbberger Road west to Routt Lane+ Respectfully subwitted, S/ Ja~es Ft Jones James E. Jones, Chairman S! RobertA. Garland Robert A. Garland S/ DgFis A. Alexander HFS. Doris Alexander S/Earl gt Un~?rw99~, Jr. Mr. Earl Underwood S/ Jt HQugFd Woo~¥ Mr. J. Howard Woody S/ Mr. ~. H. Eagle SI Mrs, R9¥ V, Cr~asy December IO, 1962 Mrs. Roy V. Creasy" In this connection, Mr. Jones made a verbal recommendation that the tiofl of a gravel sidewalk on the northwesterly side of the proposed Fond be included in the project, hr. Jones moved that Council Concur in the written and verbal recommendatlor of the committee and that the matter be referred to the City Attorney for preparation of the proper measures. The motion ~as seconded by RF. Dillard and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE+ INTRODUCTION AND CONSIDERATION OF ORDINANCES AMa RESOLUTIONS: AIRPORT: Council having directed the City Attorney to prepare the proper measure renewing the lease of Piedmont Aviation, Incorporated, for rental of space in ~uildiflg No. 2 at Roanoke Municipal (~oodrum) Airport for a period of five years beginning December 10. 1962. at a rate of $250 per month, he presented sane; ahere- upon. Mr. Nheeler moved that the following Ordinance be placed upon its first readin (=15035) AN ORDINANCE authorizing the proper City officials to lease unto Piedmont Aviation, Incorporated, the rental space in Building No. 2 at Roanoke ~Runicipal (Moodrum) Airport presently leased by said corporation for a period of five years, beginning Decenber 10, 1962. at a rate of $250.00 per month. BE IT ORDAINED by the Council of the City of Roanoke that the City Ranager nod the City Clerk be, and they are hereby, authorized and directed to execute and attest, respectively, for and on behalf of the City, a lease agreement pursuant to which the City leases unto Piedmont Aviation, Incorporated, the space presently occupied by said corporation in Building No. 2 at Roanoke Municipal (~oodrum) Airport for a period of five years, beginning December I0, 1962. at the rate of $250.00 per month, payable in adrance, upon such other terms as, in the judgment of the City Manager. are protective of the City's interests and upon such form as is first approved by the City Attorney. The motion mas seconded by Hr, Gakland and adopted by the follcming rote: AYES: Ressrs, Dillard. Garland, Jones, Pollard, Mheeler and Mayor Stoller ............................ NAYS: None ....................O. (Mr. Young absent) WATER DEPARTMENT: Council having previously directed the City Attorney to prepare the proper measure permitting the Roanoke Appalachian Trail Club to erect a trail shelter in the area known as LambertOs Meadow. between Jullats Knob and Cig Tinker Mountain, he presented same; whereupont Mr. Jones moved that the following Ordinance be placed upon its first reading: (=1SO36) AN ORDInAnCE conditfonally grafltfflg Roanoke Appalachian Trafl Club permission to place an adirondack type shelter on a site on the Appalachian Trail crossing City property. BE IT ORDAINED by the Council of the City of Roanoke that permission be, and is hereby, granted unto Roanoke Appalachian Tr~ I Club to place an adirondack type shelter, of the type generally described and filed with the City Clerk, on City real estate in the Lambert's Meadow area. between Julia's Knob and Dig Tinker Mountain, at the approximate location indicated in red on a map also on file In the office of the City Clerk; it bein9 understood that Roanoke Appalachian Trail Club is to bear all costs of erecting the aforesaid shelter and will remove the same, at its entire expense, upon thirty days' written notice from the City to do Action by the aforesaid club pursuant to this ordinance shall be conclusive proof of its agreement to be bound by the conditions imposed herein. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ........................... NAYS: None ...................O. (Mr, Young absent) CITY EMPLOYEES: Council having.directed the City Attorney to prepare the proper measure, establishing a policy that during 1963 retirements, resignations and other personnel vacancies in the city be left vacant unless urgently needed and requested by the City Damager and approred by Council, he presented same. In a discussion of the matter, Mayor'$toller pointed out that when Mr. Stuart T. Saunders became President of the Norfolk and M,stern Railway Company Mr. Saunders successfully reduced the number of personnel by attrition, Mayor Stoller stating that due to a very large payroll and number of personnel for the city he woul like to see the city practice the policy of attrition on a trial basis to see if it can get alga9 with fewer employees, Mr. Albert Trompeter appeared before Council and stated that he is in favor of the plan. that he feels it should be even stronger, and cites instance after instance of waste in city government which he has observed. Mr. Tromp~ter agreed to put his remarks and soggestions for a more efficient government into writing and turn them over to the City Manager for distri- bution to the members of Council. 122 Mr, Mheeler stated that he.feels the proposed plan is not the answer, that, lo bis opinion, it mould be interfering with the City Manager form of government and that he mould rather freeze positions as they nam stand. Mr. Pollard stated that he does not think either of the proposed plans is the answer to the problem. Mr. Oillard stated that he feels Council should set an example for munlcip~ departments in its economy drive. The matter having been discussed at great length, Mr. Stoller relinquished the Chair and offered the following Resolntion: #A RE$OLDTIOM declaring it to be the sense of the Council of the City of Roanoke that for a period of six months no vacancies Occurring in City personnel shall be filled except upon recommenda- tion of the City Manager mith the prior consent of Council, BE IT RESOLVED by the Council of the City of Roanohe that it is the sense of this body that for a period of six months no vacancies occurring in City personnel shall be filled except upon recommendation of the City Manager with the prior consent of Council. Mr. Stoller moved the adoption of the Resolution. Yhe motion mas seconded by Mr. Dillard and lost by the following vote: AYES: Messrs. Dillard, Jones and Stoller ............................3. NAYS: Ressrs. Pollard, Wheeler and Vice Mayor Garland ...............3. (Mr. Young absent) TRAFFIC: Council having directed the City Attorney to prepare the proper measure amending and reordaining Section 157, relating to the manner of redeeming impounded vehicles, Chapter 1, Title IVII1, of The Code of the City of Roanoke, 1956, by increasing the fee provided for in said section from $3.50 to $6.00, effective January 1, 1963, he presented same: whereupon, Mr. Wheeler offered the following emergency Ordinance: (m15037) AN ORDINANCE to amend and reordain Sec. 157. 'Same--Manner of redeeming impounded vehicles; costs' of Chapter 1. 'Traffic Code' of Title XYIII. 'Motor Vehicles and Traffic* of The Code of the.City of Roanoke, 1956; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 44.) Mr. Wheeler moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, ~heeler and Mayor Stoller ........................... 6. NAYS: None ...................O. (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: WATER DEPARTMENT: The City Manager submitted a verbal report that the R g J Water corporation has offered to deed to the city of Roanoke. without cost to the city. the ua.er distribution system the corporation owns and operates in a subdivision adjacent to Roanoke known as "Petty Acres, Section 1,' and "Petty Acres, Section 2,' upon certain terms and conditions, and recommended that the offer be accepted. Mr, Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (alS030) AN ORDINANCE authorizing the acceptance and acquisition of a mater distribution system serving a subdivision adjacent to the City known as 'Pett Acres, Section 1# and "Petty Acres, Section 2", upon certain terms and conditions; and providing for an emergency. (For fall text of Ordinance, see Ordinance Dook No, 26, page Mr, Dillard moved the adoption of the Ordinance, The motion was seconded by Mr, Mheeler and adopted by the following vote: AYES: Messrs. DiLlard, Garland, Jones. Pollard, Mheeler and Mayor Stoller ............................ NAYS: None ....................O. (Mr. Young absent) GARBAGE REMOVAL: Mr, Wheeler moved that the City Manager be requested to make a study of the present method of disposing of garbage with a view of chain= ganging trucks to provide for a more efficient Operation at lower cost for producin~ the sane or comparable service. The notion was seconded by Mr. Pollard and unani- mously adopted. BUDGET-AUDITORIUM-COLISEUM: Mayor Stoller pointed out that representatives of the city plan to make a tour of Civic Centers in various cities on December 12, 1962, and estimated that the cost of the tour will be approximately $1,000. Mr. Pollard offered the follo~Jflg emergency Ordinance appropriating $1.00( (~15039) AN ORDINANCE to amend and reordain Section u!42, *Transfer to Improvement Fund,# of the 1962 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 46,) Mr. Pollard moved the adoption of the Ordinance. The motion sas seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Olllard. Garland, Jones, Pollard, ~eeler and Mayor Stoller ............................ NAYS: None ....................On (Mr. Young absent) On motion of Mr. Dillard, seconded by Mr. GarLand and unanimously adopted, the meeting Nas adjourned. APPROVED 123 COUNCIL, REGULAR MEETING, Monday, December IT, 1962. The Council of the City of Roanoke met in regular meeting in the Hustings CourtFoom in the Municipal Uuilding,.Monday, December IT, tg62~ at 2 pom** the regular meeting houF, with Mayor St*lieF presiding. PRESENT: Messrs. Dillard, Garland,. Jones, Pollard, Mheeler and Mayor Stoller ............................... 6. ABSENT: Mr, Young ................1. OFFICERS PRESENT: Mr, Arthur S. Owens, City Manager, Mr. Randolph Mhittie, City Attorney, and Mr. J. Robert Thomas, City Auditor, INVOCATION: The meetin9 was opened with a prayer by the Reverend P. R. Nhite. Paster, Ninth Street Church of the Brethren, Mayor St*lieF introduced Mr. Franklin Biles, writer of the words and music to a song called *The Star Upon Mill Mountain** and Mr. Riles sang his composition. MINUTES: Copy of the minutes of the regular meeting held on Monday, December 3. 1962, having been furnished each member of Council, on motion of Hr, Mheeler, seconded by Mr. Jones and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded, Hr~ARING OF CITIZ~N~ DPuN PUBLIC PARK5 AND PLAYGROUnDS-STADIUM-WATER DEPARTMENT: Pursuant to notice of advertisement for bids for operating concessions on city-owned properties, said proposals to be received by the City Clerk until 1:30 p.m., Monday, December 17, 1962, and to be opened at 2:00 p.m., before Council, Mayor St*lief asked if there was anyone presentwho did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like to ask. and no representative present raising any question, the Mayor instructed,he City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: Bockledge Inn Atop Mill Mountain Sam A* Garrison 12~ Gross Sales Robert E. Stone 26~ Gross Sales Children*s Zoo Atop Mill Mountain Noel J. Dalton 20~ Gross Sales Sam A. Garrison 22X Gross Sales Robert E, Stone 26% Gross Sales Swing Ride And pony Track At Childrea*s Zoo Atop Mill Mountain Noel J. Dalton $100 cash, plus 10% Gross Sales Municipal Stadium And Athletic Grounds At Maher Field Richmond Concessionaire I O~ Gross Sales R. M. Mash 215 Gross Sales Sam A. Garrison 2~ Gross Sales Robert A. Stone 26~ Gross Sales Chamber of Commerce of Roanoke, Virginia 20~ Gross Sales Carvins Cove Area C, B, Clemmer $400 Per Annum On motion of Mr. Dillard0 seconded by Mr. Nheeler and unnnimously adoptede and $3,600 for married couples, .1.'25 126 Hr. Burton L, Joyner compared federal, state end local taxes paid by the average family, pointing out that the taxpayer does not complain against the high cost of federal taxes° and voiced the opinion that local taxpayers should be willing to pay a larger amount of local taxes in return for services furnished by the city, HFS, A, K, Simmons, Secretary-Treasurer of the Home Owners Association, registered a protest against various projects sponsored by the city at the expense of property owners with no particular benefit to the home owners, Hr, Jack L. Hartmnn spoke in favor of Increasing the tax rate and expresse the hope that the quality of education for the children of Roanoke will not be sacrificed, Mr. Hyatt K. Metts spoke In opposition to retaining the increase in the utility tax, stating that it was supposed to have been increased for one year only and that Is all he intends to pay, Mrs. Ruth J. Staton spoke in favor of a tax increase, particularly from the standpoint of benefiting public education, Speakin9 in opposition to any increase in the tax rate, preferring, instead, a retention of the Increase in the utility tax and the personal property tax, were Rr, John R, Arthur, Mr. G, G. Summers, Mr. A, A, Akers, Hr. Gary Davis, Mr. J, E. Fogle, Hfs, Raude L. Harris, Hr. E. Il. hagner and Ers, A. G, Rigby. Er, W. Jackson Shepherd stated that he and a group of businessmen decided to get together and let Council know it is doing a good job and that the businessmel are in favor of a tax increase in return for services furnished by the city, Also speaking in favor of a tax increase were Mr. John R. Graham, Presiden of the Roanoke City Schoolmasters Club, Hr, J. R. Graybill. Mr. Fred L. Bulbin, Hrs. Genevieve G, Dickinson, Mr, J, Hinor Kulp and Mr, Charles N. Freeman. Mr, John W, Boswell, Real Estate Agent, stated that he realizes there must be some increase in the tax rate, but urged Council not to overdo it, pointing out that there is a strong sentiment to send three representatives of the city to the next General Assembly who will put a tax rate limit back into the CitI Charter. The hearing having lasted for three hours and everyone present having been given an opportunity to be heard on the subject, Rayor Stoller advised them {hat their remarks would be given due consideration. PETITION5 Ah~ COMMUNICATIONS: CITY EMPLOYEES: A communication from the American Federation of Musicians Local No. 165, asking that Council reconsider the request of the Roanoke Fire Fighters Association and the Roanoke City Workers Association that the City Auditor be directed to make payroll deductions for membership fees in the two organizations was before Council. On motion of Hr. Dillard, seconded by Hr. Garland and unanimously adopted, the communication was filed. REPORTS OF OFFICERS: 127 OUDOET-JUYENIL£ OETE~ION HOME: The City Manager submitted a written report, recommending that $200 be transferred from Medical Expense to Salary. Extra Help under Section n31. 'Juvenile Detention Home.' of the 1962 budget. Mr, Garland moved that Council concur in the recommendation of the City Manager and offered the follnmlng emergency Ordinance: (~15040) AN ORDINANCE to amend and r,ordain Section Ual, NJueenile Detention Home,* of the 1q62 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 26, page 4D.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the f,Il,wing vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Mheeler and Mayor St,lieF ........................... NAYS: None ...................O. (Mr. Young absent) THAFFIC-SYEEE~S AND ALLEYS-SCHOOLS: The City Manager submitted a ~rittefl report, pointing out that Council has indicated its approval of extending Ferncliff Avenue, N. W., to serve the new Nilliam Fleming High school, but that in all probability it will be well into spring before this project can be completed, that there have been numerous requests for police protection against traffic conditions at Hershberger Road and Cove Road and he and the Superintendent of Schools are both of the opinion that there should be some protection provided, either manually or electronically operated, to protect the pupils attending William Fleming Iligh School until the new street is constructed, the City Manager recommendin9 that a traffic guard be employed f~r three hours per day on school days at an approximate cost of $T50, said cost to be divided equally between Council and the Roanoke City School Board. After a discussion of the matter, Mr. Jones moved that the City Attorney be directed to prepare the proper measure requesting the Board of Supervisors of Roanoke County and the Virginia Department of Highways to furnish police protection at the intersection and to also reduce the speed limit in the area. The motion was seconded by Mr. Dillard and unanimously adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Ordinance No. 15035, renewing the lease of Piedmont Aviation, Incorporated, for rental of space in Building No. 2 at Roanoke Municipal (l,,drum) Airport for a period of five years beginning December 10, 1q62, at a rate of $250 per month, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Dillard offering the following for its second reading and final adoption: (~15035) AN ORDINANCE authorizing the proper City officials to lease Piedmont Aviation, Incorporated, the rental space in Building No. 2 at Roanoke 128 Municipal (Moedrun) Airport presently leased by said corporation for a period of fire years, beginning December lO, 1962. at a rate of $250.00 per month. (For full text of Ordinance, see Ordinance Donh No. 26, page 4T.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Wt. Garland and adopted by the follomtng vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stoller ........................... 6. NAYS: None ...................O. MATER DEPART#EN~: Ordinance No. (Mr. Young absent) 15036, permitting the goanoke Appalachian Trail Club to erect a trail shelter in the area known as Lambert*s Meadow, between Jullo*s Knob and Big Tinker Mountain. having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Garland offering the following for its second reading and final adoption: (~15036) AN ORDINANCE conditionally granting Roanoke Appalachian Trail Club permission to place an adirondack type shelter on a site on the Appalachian Yrail crnssing City property. (For full text of Ordinance, see Ordinance Book No. 26, Page 47.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the follo~Jng rote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ........................... 6. NAYS: None ...................O. (Mr. Young absent) STREETS AN~ ALLEYS: Council having directed the City Attorney to prepare the proper measure, repealing Ordinance No. 15016, which directs that no further action be taken with reference to the project for widening Salem Avenue, S. between First Street and Second Street, until December 1. 1963, he presented same; whereupon, Mr. Garland moved that the Ordinance be adopted as an emergency measure. The motion was seconded by Mr. Wheeler and lost by the following tote: AYES: Messrs. Garland, Pollard, Wheeler and Mayor Stoller ............... NAYS: Messrs. Dillard and Jones ......................................... (Mr. Young absent) Ur. Wheeler than moved that the following Ordinance be placed upon its first reading: (~15041) AN ORDINANCE repealing Ordinance No. 15016; and directing the proper City officials to proceed to take requisite action with reference to the widening of Salem Avenue, between 1st and 2nd Streets, S. BE IT ORDAINED by the Council of the City of Roanoke as follows: I. That Ordinance No. 15016, adopted on the 26th day of November, 1962, be, and said ordinance is hereby, repealed. 2. That the proper City officials be, and such officials are hereby, authorized and directed to proceed to take requisite action with reference to the widening of Salem Avenue, between 1st and 2ad Streets, S. W., in accordance with the previous directives of this Council. The motion mas seconded by Mr. Pollard and adopted by the folloming rote: AYES: Messrs. Garland, Pollard, Mheeler and Mayor Stoller .............4. NAYS: Messrs. Dillard and Jones .......................................2. (Mr. Young absent) STATE HIGHMAYS: Council having directed the City Attorney to prepare the proper measure repealing Ordinance ~o. 15017. which directs that no further action be taken mltb reference to the project for ~idenlng Fr~m kiln Road, S. W., from the Norfolk and ~estern Underpass to a point approximately 1200 feet month of Beechwood Drive, until December 1, 1963, said measure to also authorize the City Manager to continue alth negotiations for acquisition of land for the wldening of Franklin Road without committing the city to any expenditure of funds on the project in 1953, he presented same; ~hereupon. Mr. Jones Offered the following emergency Ordinance: (~15042) AN ORDINANCE repealing Ordinance No. 15017; directing the City Manager to continue negotiations for land for the widening of a portion of Franklin Road. S. W.; and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 26. page 40.) Mr. Jones mated the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Yessrs. Dillard. Garland, Jones, Pollard, Wheeler and Mayor Stoller ............................ 6. NAYS: None ...................O. (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: DONATIONS-ACTS OF ACKNOMLEDGMENT: Mayor Stoller pointed out that Mr. Franklin Riles has offered to donate the song "The Star Upon Mill Mountain" to the city and relinquished the Chair to move that the City Attorney be directed to prepare the proper measure accepting the donation of the song and expressing the appreciation of Council for same. The motion was seconded by Mr. Pollard and unanimously adopted. ASSESSMENT OF PROPERTY: Mr. Stoller moved that the City Attorney be directed to prepare the proper measure instituting asystem of supplemental real estate tax assessments on improvements made after the first of January which are completed by the first of July, effective January 1, 1963. The motion was seconded by Mr. Wheeler and adopted, Mr. Dillard voting no. SEWERS AND STORM DRAINS-MATER DEPARTMENT: Mr. Stoller moved that the Ci~ Manager. the City Attorney, the City Auditor, the Manager of the Water Department and the Superintendent of the Sesage Treatment Plant be requested to submit to the members of Council, on a confidential basis, a written statement with reference to the policy of the city in respect to water and sewage charges to areas outside of the corporate limits; also, an analysis Of the cost structure and an examination of the contract and laws. The motion was seconded by Mr. Pollard and unanimously adopted. 129 130 TRAFFIC: #uyor Stoller resumed the Chair and Mr. Dillard brought to the attention or Council the l~reuse In the nueber of establishments in the donntonn area nhlch are open in the early bourn of the morning and moved that the question of alloming vehicles to park on downtonn streets between the hours of I a.m. and S a.m., be referred to the City Hanager foF study, report and recommendation to Council. The motion was seconded by Mr. Garland and unanimously adopted. TRAFFIC: MF. Dillard moved that the question of big concrete beams being hauled throughthe city be referred to the City Hanager for study and report Council. The motion was seconded by Mr, Garland and unanimously adopted. CITY EMPLOYEES: Mr. Pollard brought to the attention of Council the )rorisions of Resolution Ne. i0649, adopted on June 26, 1950. declaring it to be the sense of the Council of the City of Roanoke that, unti! further notice, the employment rolls of the City of Roanoke be fFozen, except to replace personnel leaving the service of the city, and voiced the opinion that the Resolution should be repealed to clear the records of Council. The City Attorney voicing the opinion that in effect the employment rolls of the city are frozen except when authority for additional employees is granted by Council, no action was taken on the matter. BUDGET: Council having held numerous Dudget Study sessions and having approved, informally, a budget for 1963 in the total amount of $19,100,1gR.bO, the matter of establishing a tax rate to balance the budget was discussed. The majority of the members Of Council felt that the utility tax should be reduced from fifteen per cent to twelve per cent for the year lq~3, that the percentage set for Roanoke taxpayers usin9 alternate methods of reporting tangible ~ersonal property, which was doubled for the tax year lq6~, should revert to the original amount, and that the tax rate should be established at $3.40 per $100 of assessed value, but Messrs. Dillard and Garland objected to a reduction in the utility tax ~hich meant that the reduction could not be approved as an emergency measure. Mr. Garland suggested a tax rate of $3.40 and retention of the fifteen per cent utility tax, but the majority of the members of Council were opposed. Mr. Garland then suggested a tax rate of $3.50 and reduction of the utility tax to thirteen and a half per cent, but the majority of the members of Council were opposed. After a further discussion of the question, Mr. Garland indicating that he would support a tax rate of $3.45 and reduction of the utility tax from fifteen per cent to twelve per cent, Mr. Wheeler offered the following emergency Ordinance reducin9 the utility tax to twelve per cent effective January 1, 1963: (m15043) AN ORDINANCE to amend and reordain Sec. 2. *Amount of tax; to be paid by purchaser' of Chapter 3. *Utility Service Tax' of Title ¥I. 'Taxation' Of The Code of the City of Roanoke, 1956; and providing for an emergency. (For Tull text of Ordinance, see Ordinance Book No. 26, page 49.) Mr, Mheeler moved the adoption of the Ordinance. The motion mas seconded by Mr, Pollard and adopted by the foil*ming vote: AYES: Messrs. Carland~ Jones, Pollard, Rheeler and Mayor St*liar ....... NAYS: Mr. Dillard ...................................................... (Mr. Young absent) Mr. Mheeler moved that the City Clerk be directed to request the Commissioner of the Revenue to reduce the percentage set for Roanoke taxpayers rising alternate methods of reporting tangible personal property to the original amount, effective January 1, 1963; i.e** ten per cent of the assessed value Of the real for the premises occupied as of the first day of the calendar year ia case of rented property, and a twenty per cent decrease in the graduated scale for businesses. The motion Has seconded by Mr. Pollard and unanimously adopted. Mr. Jones then offered the following emergency Ordinance establishing a tax rate of $3.45, effective January 1, 1063; (n15044) AH ORDINANCE to amend and reordain Sec. 1. 'Rate of tax on realty and personalty* of Chapter 1. 'Current Taxes' of Title VI. 'Taxation' of The Code of the City of Roanoke, 1056; and providing for an emergency. For full text of Ordinance, see Ordinance Book No. 26, page 50.) Mr. Jones moved the adoption of the Ordina~ce. The motion vas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor St*liar ........5 NAYS: Mr, Dillard ....................................................... (Mr. Young absent) Mr. Wheeler offered the following Resolution directing the City Treasurer to cause the 1963 tax tickets to show the tax rate for operation of the city govern- ment and operation of public schools separately: (~15045) A RESOLUTION directing the City Treasurer, agreeable to the provisions of SeCtion 34 of the Roanoke Charter of 1952, as amended, to cause the 1963 tax tickets to prominently show the rate of tax per one hundred dollars of assessed value appropriated for the operation and administration of the City government and separately show the rate of tax per one hundred dollars of assessed value appropriated for public schools. (For full text of Resolution, see Resolution Book No. 26, page 51.) Mr. Wheeler moved the adoption Of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor St,lief ........................... 6. NAYS: None ..................O. (Mr. Young absent) Mr. Garland offered the following emergency Ordinance approving the General Fund badger: 131 132 (Z15046) AN ORDINANC[ mating appropriations from the General Fund of the City of Roanoke for the fiscal lear beginning January 1, 1963, and ending December'31, 1963; and declaring the existence of an emergency, (For full text or Ordinance, see Ordinance G,of No. 26, page 52.) Wt. Garland moved the adoption of the Ordinance. The motion mas'seconded by Hr. Pollard and adopted by the following vote: AYES: Wessrs. Garland. Jones. Pollard. Wheeler and Wayor St,liar ....... 5. NAYS: Mr. Dillard ...................................................... I. (Mr. Young absent) Mr. Wheeler offered the following emergency Ordinance approving the Water Department budget: (z15047) AN ORDINANCE mating appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1. 1963. and ending December 31. 1963; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 72.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ........................... NAYS: None ...................O. (Mr. Young absent) Mr. Wheeler offered the following emergency Ordinance approving the Sewage Treatment budget: (=15048) AN ORDINANCE making appropriations from the Sewage Treatment General Fund and the Sewage Yreatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1963, and ending December 31, 1963; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, J,ne{, Pollard, Wheeler and Mayor Stoller ........................... NAYS: None ...................O. (Mr. Y,aug absent) BUDGET-CITY TREASURER: The City Manager submitted a verbal report, recommending that $300 be transferred from Stationery and Office Supplies to Salary, Extra Help under Section =8, WTreasurer,~ of the 1962 budget, subject to the approval of the State Compensation Board. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the foil,ming emergency Ordinance: (=15049) AN ORDINANCE to amend and reordain Section a8, WTreasurer,# of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page ?6) Mr, Mbeeler moved the adoption of the Ordinance. Tbe motion nas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stoller ........................... NAYS: None ...................O. (Mr. Young absent) BUDGET-DEPARTMENT OF pUBLIC RELFARE: The City Manager submitted a verbal report, recommending that $1,000 be appropriated to Emergency Relief under Section z520 *Public Assistance,* of the 1962 budget. Mr. Dillard moved that Council concur in tke recommendation of the City Manager and offered the following emergency Ordinance: (~15050) AN ORDINANCE to amend and reordain Section o52, #Public Assistan~ of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 26, page 77.) Mr. Dillard moved the adoption Of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the follo~ing vote: AYES: Messrs. Dillard, Garland, Jones, ~ollard, Mheeler and Mayor Stoller ........................... NAYS: None ...................O. (Mr. Young absent) On motion of Mr. Dillard. seconded by Mr. Garland and unanimously adopted. the meeting was adjourned. ATYEST: APPROVED Mayor COUNCIL, REGULAR MEETING, Monday, December 24, 1962. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, December 24. 1962. at 2 p.m., the regular meeting hour. PRESENT: None .......................O. ABSENT: Messrs. Dillard, Garland, Jones, Pollard, Mheeler. Young and Mayor Stoller .................................. 7. OFFICERS PRESENT'. Miss Virginia L. Shaw, City Clerk. A quorum failin9 to appear, the meeting was not held. APPROVED ATTEST: ~ 133 i34 COUNCIL, REGULAR NEETINO, Monday, December 31, 1962. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building, Monday, December 31, 1962, at 2 p,m,, the regular meeting hour,, mlth Mayor Stoller presiding, PRESENT: Nessrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ............................. ABSENT: None ....................O. OFFICERS PRESENT: Mr. Arthur S, Omens, City Reneger, Mr, James Kincanon, Assistant City Attorney, and Mr, J, Robert Thomas, City Auditor. INVOCATION: The meeting mas opened with a prayer by the Reverend K. A. Painter, Retired Baptist Rinister. MINUTES: Copy of the minute s of the regular meeting held on Monday, December 10. 1962. having been furnished each member of Council, on notion of Mr. Garland, seconded by Hr, Jones and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded, BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council having previously set a public hearing for 2 December 31. 1962, ou the request of the Oaklane Corporation that 9.50 acres of a tract of land located on the south side of Hershberger Road, N. N., east of Hezelridge ~oad, designate~ as Official Tax No, 2100901, be rezoned from General Residence District to Special Residence District. the matter ~us before the body. In this connection, Nr. T. L. Pluokett, Jr., Attorney, representing the petitioner, appeared before Council and advised that the property in question has been purchased by the Church of the Brethren Hone for the Aged. Incorporated, for the construction thereon of an apartment-hotel type of building to accommodate older members of the Church of the Drethren, as well as other denominations. Mr. Piunkett introducing several representatives of the Church and others who are interested tn the project. No one appearing in opposition to the proposed rezoning, Rt. Dillard moved that Council concur in a previous recommendation of the City Planning Commission tha~ the request for rezoning be granted and that the folloming Ordinance be placed upon its first reading: (#15051) 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 9.50 acres on the southerly side of Hershberger Road, N. W., east of Hazelridge Road, designated as a northeasterly portion of Official Tax No. 2180901, rezoned from General Residence Oistriot to Special Residence Olstrict; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from Ceeeral Residence District to Special Residence District; and RREREAS, notice required by Title XY, Chapter 4, Section 430 of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in 'The Roanoke World-Nems,' a newspaper published in the City of Roanoke, for the time required by said section; and hREREAS, the hearing as provided for in said notice mas held on the 31st day of December, 1962, at 2 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 rezoning; and RHER£A5, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE. BE ]T 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 southerly side of Hershberger Road, N. M., east of Hazelridge Road, described as 9.50 acres, designated on Sheet 218 of the Zoning Map as Official Tax No. 2160901, be, and is hereby, changed from Ceneral Residence District to Special Residence District and the Zoning Map shall he changed in this respect. The motion was seconded by Rt. Garland and adopted by the follouing vote: AYES: Messrs. Dillard. Garland, Jones, Pollard. Rheeler, Young and Mayor 5toiler ............................ ?. NAYS: None ....................O. PETITIONS AND COMMUNICATIONS: STATE HIGHMAYS: Council having adopted a Resolution agreeing to close the opening to be provided in the median strip on Orange Avenue at the intersection of Courtland Road should traffic cond kinns and public safety, in the judgment of the Virginia Department of Highways, after a survey by the Highway Department, warrant ,such closing after the expiration of a period of twelve months after the completion of Interstate Route 581 to Elm Avenue, a communication from Mr. D. 8. Harris, Commissioner Of the Virginia Department of DJghways. advising that if the widening and channeling of Orange Avenue, N. E,, west of Williamson Road to the Interstate Route 581 project, is included in said project the raised median will have to extend across the Courtland Road intersection initially, was before the body. In this connection, Mr. Leonard G. Muse, Attorney, representing Mr. John E Millett, appeared before Council and pointed out that most of the businesses patronized by drivers mahing a left turn at Conrtland Road are located on the west side of Nilliamson Road, and that if drivers are not allowed to make one left turn at Courtland Road, where traffic is comparatively light, they will have to make two left turns, one at Milliamson Road and Orange Avenue and the other on Williamson Road, where traffic is much heavier, in order to reach the businesses in question. After a discussion of the matter as to the best procedure to follow, and Council being of the opinion that a committee should be appointed to confer with 136. representutiv?s of the State Highmay Commission and the United States Bureau of Public Roads In Richmond. nnd. If said conference is unsuccessful, that an appeal should be made to the State Highway Commission for a public hearing on the question. Mr. Nheeler offered the f. Il.ming Resolution: (~15052} A RESOLUTION relating to the proposed widening of nnd channeliza ,ion of traffic on Orange Avenue. N. K.. between Willlamson Road and the Interstate R.ate ~fli project. (For full text of Resolution. see Resolution Book No. 26. page Br. Bheeler moved the adoption of the Resolution. The motion mas seconded by Mr. Garland and adopted by the f. Ii.wing rote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O. SUDGET-COUP£NSATION BOABD: Communications from the Compensation Board of the Commonwealth of Virginia, notifying Council that the Compensation Board has tentatively fixed the salaries and expenses of office of the City Treasurer, the Commissioner of the Revenue, the City Sergeant and the Attorney for the Commonwealth for the calendar year 1963, and notifyJn9 the Clerk of the Courts that the Compen- sation Board has fixed his office expenses for the calendar year 1953, were before Council. After a discussion of the matter, Mr. Dillard protesting that the salary of the Assistant Attorney for the Conmonwealth should be higher than $6,750. Mr. Garland moved that the communications be filed. The notion was seconded by Mr. Wheeler and adopted, Bessrs. Dillard and Pollard voting no. ZONING: A petition of Mr. S. F. Parham, Jr., Attorney, representing Robert W. Sowder and The Kroger Company, requesting that Lots l-B, inclusive, Block 71, Melrose Land Company, Official Tax Nos. 2322001-2322007, inclusive, be rezoned from General Residence District to Business District, and that Lots g-16, inclusive, Block 71, Melrose Land Company, Official Tax Nos. 2322008-2322015, inclusive, be rezoned from Special Residence District to Business District, said property being ail of the land bounded by Orange Avenue, N. W., on the north, Nineteenth Street on the east, Melrose /venue on the south, and Twentieth Street on the west, was before Council, On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the request for rezoning was referred to the City Planning Comminsion for study, report and recommendation to Council. ZONING:. A petition of Mr. John L. Walker, Jr., Attorney, representing Mr. Lonza L. Rush. requesting that a tract Of land located on the south side of Brandon Avenue. S. W., adjacent to the west corporate limits, described as Official Tax No. 1620101. be rezoned from General Residence District to Special Residence District, was before Council. _m 137 On motion of Hr, Mheeler, seconded by Mr, Jones and unanimously adopted. the request for rezoning was referred to the City Planning Commission for study. report and recommendation to Council. SEWERS AND 5ZORN DRAINS: A Resolution of the Board of Supervisors of Roanoke County. requesting that the contract of September 28, 1q54, between the City of Roanohe and the County of Roanoke, dealing with the treatment of domestic and commercial ~astes, be amended by adding thereto 180oll acres of land west of aolllns College and south of Interstate Route BI, and 123.57 acres of land east of U. S. Route 221 between Virginia Route llg and Virginia Route 613, was before Council. On motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the request was referred to a committee composed of Ressrs, Maiter L. Young, Chairman, Arthur S. Owens. Randolph C. Nhittle and Roy L. ~ebber for study, report and recommendation to Council, REPORTS OF OFFICERS: BUDGET: The City Manager submitted a written report, recommending that appropriations in the total amount of $9,T!0 and transfers in the total amount of $1,070 be made in various accounts of the 1962 budget in order to close out said accounts so there will be no overdrafts. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (m15053) AN ORDINANCE to amend and reordain certain sections of the lg62 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 79.) Bt. Young moved the adoption of the Ordinance. The Motion was seconded by Br. Garland and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor 5toller ............................ 7. NAYS: None ....................O, BUDGET-ANNEXATION: The City Manager submitted a written report, recom- mending that bills from Mr, Richard T, Edward~ in the amount of $967, ~oodrum and Gregory in the amount of $1,374,30, and Williams, Robertson and Sackett in the amount of $1,783.35 for professional services rendered in connection with the annexation proceedings of the City.of Roanoke versus the County of Roanoke be paid and that $4,124,65 be appropriated to provide for payment'thereof, Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15054) AN ORDINANCE to amend and reordain Section :155. 'Annexation," of the 1962 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page Ol.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: 138 AYES: Nessrs. Garlnnd. Jones. Pollard. Mheeler. Young nnd Mayor St,liar .................................. 6. NAYS: Mr. Dillard ...................1. BUDGET-POLICE DEPARTMENT: The City Man,gar submitted a written report. advising that on December 10. 1962. a police car which was escorting a tractor trailer carrying a large concrete beam was rammed from the rear by the tractor trailer and damaged beyond repair, that the insurance company will pay the city $1.350 for the wrecked car and allow the city to keep same at an estimated salvage value of $500. and that a new police car can be purchased for $2.450. the City Manager recommending that $2.450 be appropriated for this purpose. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15055) AN ORDINANCE to amend and r,ordain Section ~144, "Departmental Equipment and Improvements.* of the 1962 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance S,ok No. 26. page 81.1 Mr. Wheeler moved the adoption Of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Wheeler. Young and Mayor Stoller ............................ 7. NAYS: None ....................O. BUDGET-WATER DEPARTMENT: The City Manager submitted a written report. recommending that $30.000 he appropriated to Capital Outlay from Revenue under *Non-Operating Expense" of *be 1952 Water Department budget to cover normal operations for the end of the year. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15055) AN ORDINANCE to amend and reordain "Non-Operating Expense* of the 1952 Water Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 82.) Mr. Young moved the adoption of the Ordinance. The motion was seconded bl Mr. Wheeler and adopted by the following rote: AYES: Messrso Dillard, Garland. Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ NAYS: None ....................O. STREET LIGHTS: The City Manager submitted a written report, recommending the installation Of street lights at various locations in the city. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~15057) A RESOLDTION 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 82.) 139 Hr, Mheeler moved the adoption of the Resolution, The motion was seconded by Hr. Pollard and adopted.by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ............................ NAYS: None .................... OD STREET LIGIITS: The City Manager submitted a written report, recommending that the authorization for the installation of one 2500 lumen overhead incandescent street light at the corner of Runlets Road and Milbur Road, S. R,, be rescinded. Mr. Mheeler moved that Council concur in the recommendation of lhe City Manager and oYYered the YolloMing Resolution: (~15058) A RESOLUTION amending Resolution No. 14722, adopted by the Council of the City of Roanoke on the 26th day of February, 1962. authorizing the installation of street lights at various locations in the City of Roanoke, (For full text of Resolution. see Resolution Book No. 26, page 83,) Mr. Mheeler moved the adoption of the Resolution, The motion was seconded by Mr, Dillard and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ 7. NAYS: None .................... O. AUDITORIUM-COLISEUM: The City Manager submitted a written report, advisin that the United 5tales of America, Uousing and Home Finance Administrator, has offered to advance unto the City of Roanoke 950,000 for preliminary planning in connection with the proposed construction of an auditorium-coliseum and recommending that he he authorized to execute an agreement accepting the offer, the City Manager ipointing out that the agreement precludes the expenditure of funds before the acceptance of the offer and that the city has already spent certain funds in connection with the proposed project, Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the /ollowing Resolution: (~15059) A RESOLUTION authorizing the proper City officials to execute, for and on behalf of the City, an agreement dated December 12, 1962, tendered and executed by the United States of America, Housing and Dome Finance Administrator, by Joseph P. Rosho, Acting Regional Director of Community Facilities, with reference to Project No, P-¥A-3059 for the proposed construction of an auditorium and coliseum for the City of Roanoke. (For full text of Resolution, see Resolution Eook No. 26, page 83,) Mr. Pollard moved the adoption of the Resolution, The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler. Young and Mayor Stoller ............................ 7. NAYS: None .................... O. 140 AIRPORT: The City Mnnnger subwitted · written report, recowmendlng that Chapter 5. Title VIII, of The Code of the City of Roanoke, 1956o be amended to provide certain basic rules for the use of model airplane flying circles at Roanoke Municipal (Mondrum) Airport. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (w15060) AN ORDINANCE to amend Chapter 5 of Title VIII of The Code of the City of Roanoke, 1956, relating to the Municipal Airport, by the addition of a new section providing certain regulations for the flying of model airplanes at said airport; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No..26, page 64.) Mr. Garland moved the adoption of the Ordinance, The motion was secooded by Mr. Pollard and adopted by the following vote: . AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor 5toller ........................... ?. NAYS: None ................... O. PAY PLAN: The City Manager submitted a ~ritten report, recommendin9 that the lay Plan be amended to include five new positions provided for in the 1963 budget. Mr. ~heeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15061) AN ORDINANCE making certain changes in the Pay Plan, and provid- (For full text of Ordinance, see Ordinance Book No. 26, page 05.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ......................... 6. NAYS: Mr. Dillard ..........1. GASOLINE: The City Manager submitted a written report, advising that the proposal of Texaco, Incorporated, for furnishing premium gasoline to the City Garage was not the low bid as previously reported and that the cnntract should go to the Gulf Oil Corporation. Mr. Mheeler moved that Council concur in the report of the City Manager and offered the following Resolution: (=15062) A RESOLUTION relating to the supply of premium gasoline to the City Garage; repealing Resolution No. 15031 relating to the proposal of Texaco, Incorporated. supplying said gasoline; and accepting the proposal of Gulf Oil Corporation to furnish premium gasoline to the City Garage. (For full text of Resolution, see Resolution Book No. 26, page 06.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES~ Messrs. Dillard, Garland, Janes, Pollard, Wheeler. Young and Mayor Stoller ........................... 7. NAYS: None ...................O. STATE HIGHWAYS: The City Manager submitted a written report, recommending that Council accept an offer of $21,363 from the Virginia Department of fifghways for eight parcels of land in the vicinity of Orange Avenue, N. E.o a construction ease- ment. and any and all damages, in connection with acquisition of rights of way by the state for Route S01 from Route fll to Orange Avenue. Mr. Garland moved that Council concur in the recommendation Of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Pollard and unanimously adapted. STATE HIGHWAYS-SCHOOLS: Council having adopted Ordinance No. 149§O on the first day of October, 1962, authorizing the propeF City Officials to sell approximat* 4.09 acres of the land prerJously acquired by the city from the Watts Estate, for school purposes, to the Commonwealth of Virginia for highway purposes in connection with the Interstate Route 501 project, the Assistant City Attorney submitted a verbal report, advising that the City Attorney*s Office drew up a deed pursuant to Ordinance No. 14950, but that the state also wants a grant of all easements of access, light or air incident to the lands of the city abutting upon said limited access highway, in the form of a covenant running with the city*s title to said abutting lands, the Assistant City Attorney recommending the adoption of the necessary Resolution so that the sale may be closed prior to the end of the calendar year. Mr. Pollard moved that Council concur in the recommendation of the Assistant City Attorney and offered the following Resolution: (~1~063) A RESOLUTION relating to the conveyance of certain public property to the Commonwealth of Virginia, heretofore authorized to be made by Ordinance No. 14950. (For full text of Resolution, see Resolution Book No. 26, page 07.) Mr. Follard moved the adoption of the Resolution. The notion was seconded by Rr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. CITY AUDITOR: The City Auditor submitted a monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencing November 1, 1962, and ended November 30, lq62. On motion of Mr. Nheeler, seconded by Mr, Young and unanimously adopted, the report was ordered filed. ZONING: The City Planning Commission submitted a written report, recommending that the request of Mrs. Harriett M. ~aldrop and Mrs, Carolyn B. 141 142 that property located on the south side of.Melrose Avenue, N. R., between Rest Side iBoulevard and Van Buren Street, described as Lots $ and 6, Dlock 26, Mashington Heights, Official Tax Nos. 2761g0S and 2761q06, he rezoned from Special Residence District to nustness District, be granted, and that Lots ? and O also be rezoned from Special Residence District to Business District. Mr. Rheeler moved that a public hearing on the matter be held at ?:30 p.m., January 20, 1963, The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: The City Planning Commission submitted a written report, recommenc lng that the request of Mr. John L. Ralher, Jr., Attorney, representing Messrs. Luna; Rush and John b. McCoy, that property located on the north side Of Bvandon Avenue, S. b., east of Edgeuood Street, described as Acreage, Lee-Hy Gardens, Official Tax ~o. 1610205, be rezofled from General Residence District to Special Residence DJstric be granted. Mr. hheeler moved that a public hearing on the matter be held at 7:30 January 26, 1963. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation the request of Expert Publications, Incorporated, that property located on the sest side of Thirteenth Street, S. M., 25 feet south of Chapman Avenue, described as part of Lot 1, Block IG, ~est End and RJverview, Official Tax ~o. 1220209, be rezoned from Special Residence District to Dusiness District, the City Planning Commission submitted the following report: "December 21, 1962 ~he Honorable Rurray A. Stoller, Rayor. and Members of City Council Roanoke, Virginia Gentlemen: The City Planning Commission considered the above rezonin9 request at its December S, 1962 meeting. Mr. Surface, representing Expert Publications, Incorporated, informed the City Planning Commission that the intended use of the present residential structure is for storage of files and related uses, and that no active commercial use is considered at this time. The City Planning Commission studied pertinent maps of land use and traffic volumes and observed that certain changes have been evidenced recently in the so-called best End area. In recognition of these observations, the City Planning Commission has recently started a housing survey of the West-End area which will later serve as a basis for a neighborhood development plan. The City Planning Commission concluded that, because of the present lack of evidence sho~in9 the need for rezonin9 to business use, the residential zone district requirements should be main- tained. It is anticipated that th,study of the West-End neighbor- hood will be available within a t~elve-month peri od. ~he City Planning Commission therefore recommends to City Council that the above rezoning request be denied. Respectfully submitted, S! Rerner K. Sensbach for Darold ~. Hill, Chairman." Council being informed that the petitioner desires a public hearing, Mr. Nheeler moved that e public hearing on the mutter be held at 7:30 p.m., January 1963. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: PURCDASE OF PROPERTY-STATE DIGDMAYS: Council having referred to a committee composed of Messrs. Denton O. Dillard. Chairman, Roy R. Pollard, Sr., and Melter L. Young an offer of Mr. M. Price Fields to sell a small triangular parcel of land, being a portion of a tract of land designated as Official Tax No. 2T62TOl, located on the east side of Peters Creek Road. N. W., north of Melrose Avenue. at a price of SI.DO0, for street widening purposes, for which the Virginia Department Of Highways has agreed to participate in one-half Of the cost, the committee submit{ a written report, advising that the owner has agreed to accept the sum of $1.500 for the strip of land and recommending that the offer be accepted and the sum of $1,500 be appropriated to cover the cost of same. Mr. Dillard moved that Council concur in the recommendations of the committee and offered the following emergency Ordinance providing for acquisition of the triangular parcel of land: (=15064) AN ORDINANCE authorizing and directing the acquisition of an approximate 0.04 acre parcel of land on the north side of helrose Avenue. ~. n., from W. Price Fields and Estella C. Fields for a consideration of $1.500.00, cash; and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 07.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland. Pollard, Wheeler, Young and Mayor Stoller ........................... NAYS: Mr. Jones ..............1. Mr. Wheeler then offered the following emergency Ordinance appropriating $1,500: (=15065) AN ORDINANCE to amend and reordain Section mi40. 'Street Construction,* of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, Wheeler, Young and Mayor Stoller ........................... NAYS: Mr. Jones ..............1. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 15041, repealing Ordinance No. 15016, which directs that no further action be taken with reference to the widening of Salem Avenue, S. M.. between First Street and Second Street, until December 1. and directing the proper city officials to proceed to take requisite action with 1'44 reference to the project, having previously been before Council for its first reading, read and laid over, was again before the body, #r. Garland offering the following for Its second reading and final adoption: (~15041) AN ORDINANCE repealingOrdinance No.~15016; and directing the proper City officials to proceed to tahe requisite action with reference to the widening of Salem Avenue. between 1st and 2nd Street~. S. M. (For full text of Ordinance. see Ordinance nook No. 26, page Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the relieving vote: AYES: Messrs. Garland, Pollard, ~heeler. Young and Mayor Stoller ........ NAYS: Messrs. Dillard and Jones ......................................... 2 STREETS AND ALLEYS-SCHOOLS: Council having preriously concurred in the recommendations of a committee appointed to negotiate with the owners of property required for the extension of Ferncllff Avenue, N.M., to serve the new Milliam Fleming Bigh School, and referred the matter ~o the City Attorney for preparation of the proper measures, he presented same; whereupon. Mr. Jones offered the following Resolution authorizing and directing the City Manager to proceed to obtain bids for the extension of Ferncliff Avenue: (u1506~) A aESGLDTIGN relating to the proposed extension of ferncli£f Avenue, N. M.. from llershberger Road northwesterly to the ~lliiam Fleming High (For full text of Resolution, see Resolution Book No. 2Go page Gq.) Mr. Jones mo~ed the adoption of the Resolution. The notion was seconded by Mr. Mheeler and adopted by the following rote: AYES: Messrs. Dillard. Garland, Jones. Pollard. Mheeler and Mayor Stoller ........................... 6. NAYS: Mr. Young ..............1. Mr. Jones then offered the following emergency Ordinance authorizing the acceptance of the donation of certain parcels of land necessary for the extension of Ferncliff Avenue: (=15067) AN ORDINANCE authorizing the acceptance of the donation of certain parcels of land necessary ,for the extension of Ferncliff Avenue, N. from the Bershberger Road northwesterly to the City*s new Nilliam Fleming High School in Roanoke County; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 09.) Mr. Jones moved the ~doption of the Ordinance. The motion sas seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. Mr. Jones offered the following emergency Ordinance authorizing the acquisition of a 0.353 acre parcel of land from Ernest R. Conner and Mary C. Conner for a consideration of $1,BO0.O0, cash, for the extension of Ferncliff Avenue: (815066) AN ORDINANCE authorizing the acquisition of a 0,353 acre parcel of land from Ernest R. Conner and Mary C. Conner for a consideration of $1,000.00, cash, for the extension of Ferncliff Avenue, N. #.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page gO.) Mr. Jones moved the adoption of the Ordinance. The motion mas seconded by Mr. Garland and adopted by the follouing rote: AYES: Messrs. Dillard, Garland, Jones. Pollard, Wheeler, Young and Mayor Stoiler ........................... 7. NAYS: ~one ................... TRAFFIC-SCHOOLS: Council having directed the City Attorney to prepare the proper measure requesting the Board of Supervisors of Roanoke County and the Virgini; Department of Highways to furnish police protection against traffic conditions at Rershherger Road and Cove Road, N. ~., for the benefit of pupils attending the new #illiam Fleming Bigh School, and to also reduce the speed limit la the area, he presented same; whereupon, Mr. Jones offered the following Resolution: (miS069) A RESOLUTION requesting the Board of Supervisors of Roanoke County and Rajor C. N. Moodson, Jr** Superintendent of State iolice, to supply requisite police protection or traffic control to adequately contrnl traffic conditions at Hershberger and Cove Roads, in the County of Roanoke, for the protec- tion of the students attendin9 the new ~illJam Fleming High School and, also, to cause the speed limit in the vicinity of the aforesaid high school to be reduced. (For full text of Resolution, see Resolution Book No. 25, page 91.) Mr.*Jones mosed the adoption of t~e Resolution. The motion was seconded by Br. Garland and adopted by the following vote: AYES: Bessrs. Dillard, Garland, Jones, Pollard, Mheeler, Youn9 and Mayor Stoller ........................... 7. NAYS: None ...................O. ACTS OF ACKNOWLEDGMENT: Council having directed the City Attorney to prepare the proper measure accepting from Mr. Franklin Riles the donation of a song "The Star Upon Mill Mountain," as composed by Mr. Riles, and expressing the appreciation of Council for said donation, he presented same; whereupon, Mayor Stoll relinquished the Chair and offered the following Resolution: (g15070) A RESOLUTION expressing this Council's appreciation to Mr. Franklin Riles for donating his song, "The Star Upon Mill Mountain', to the City Of Roanoke. (For full text of Resolution, see Resolution Book No. 26, page 92.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr, Jones and adopted by the following vote: AYES: Messrs. Dillard, Jones, Pollard, Stoller, Wheeler, Young and Vice Mayor Garland ............. NAYS: None .................O. 145 146 ASSESSMENT OF PROPERTY: Council kaving directed the City Attorney to prepare tbe proper measure instituting a system of supplemental real estate tax asaessmeots on improvements made after the first of January which are completedby the first of July, effective January l, 1963, he presented sane; whereupon, Mr. Wheeler offered the following emergency Ordinance: (miS071) AN ORDINANCE amending Chapter I of Title VI of The Code of the City of Roanoke, 1956,.relating.to taxation, by the addition of a new section provJdJnG for the assessment of new buildings substantially completed and by the addition of another hem section providing for the abatement of taxes on buildings razed or destroyed or damaged by fortuitous happenings; and providinG for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 92.) Mr. Mheeler moved the adoption of the Ordinance. The motion Mas seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler,,Young and Mayor St,lieF-- NAYS: Mr. Dillard ........................................................ CITY AUDITOR: The City Attorney presented draft of an Ordinance amendinG and reordaining Section 4, Chapter 0, Title Il, of The Code of the City of Roanoke, 1955, to pr,vide for the appointment of two Assistant City Auditors rather than one, which Ordinance was prepared at the request of the City Auditor. On motion of Mr. ~illard, seconded by Mr. Mheeler and unanimously adopted, the draft of Ordinance was referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, ,eaton O. Dillard and Murray A. St.lieF for study, report and recommendation to Council. PAY PLAN: Mr. Wheeler offered the following Resolution approving increase: in salaries and wages into management control rates under the Pay Plan: (~15072) A RESOLUTION approving increases in salaries and wages into management control rates under the Pay Plan, Ordinance No. 14300, as recommended by the City Manager. (For full text of Resolution, see Resolution Book No. 26, page 94.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, J~nes, Pollard, Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. MOTIONS AND MISCELLANEOUS BUSINESS: CITY GOVERNMENT: Mr. Reuben E. Lawson, representing the citizen*s Protec- tive Association and the Peoples Voters LeaGue, appeared before Council and advised that the members of these two organizations desire a new recreation center in the northwest section, preferably in the Eureka Park section; the employment of more negroes in the Department of Parks and Recreation; better police protection in the northwest and flortheast sections; consideration of megroes for promotion when they have done creditable and outstanding work; appointment of negroes to wore of the committees appointed by Council, particularly the City Planning Commission; employ- ment of persons qualified to perform clerical work without regard to-race, creed or color in municipal offices; and the employment of negro firemen. Mayor Stoller requested Mr. Lawson to put his remarks into writing for consideration of Council at a future meeting. GARBAGE REMOVAL: Mr. C. O. Austin, Sr.. appeared beforeCouncil*and complained that after long holiday weekends, instead of pickin9 up where it left off the city skips a week in garbage collections in some instances~ thereby causing a two weeks' accumulation of garbage iff such eases. On motion of Mr. Mhe~ler, seconded by Mr. Dillard and unanimously adopted, the matter was referred to the City Manager for study and report to Council. OFFXCE ]IOUR$-CITY EMPLOYEES: Coancii having adopted Resolution No. 15013, establishing Monday, December 24, 1962, as a legal holiday for city employees, Mr. ~. M. Ma,tax, representing members of the Fire Department, appeared before the body and pointed out that the Resolution provided that employees required to work on that day would receive eight hours equivalent time off during 1q62 or 1q63, Mr. Ma,tax explaining that the situation of the members of the Fire Department is different from other city employees in that a working day for the firemen means twenty-four hours and requesting that Resolution No. 15013 be amended to give members of the Fire Departeent twenty-four hours equivalent time off during the calendar year 1963. After a discussion of the matter, Mr. Jones moved that the question be reconsidered. The motion was seconded by Ur. Dillard and unanimously adopted. Mr. Jones then moved that the City Attorney be directed, after conferring with the City Manager and Chief of the Fire Department, to prepare the proper measure amending Resolution No. 15013 to provide that members Of the Fire Department who worked on December 24. 1962. shall receive twenty-four hours equivalent time off during the calendar year 1965. The motion was seconded by Mr. Dillard and unanimous] adopted. PENSIONS: Mr. Jones brought to the attention of Council and moved that City Auditor, the City Manager and the City Attorney be directed to investigate the possibility of freezing the Employees' Retirement System of the City of Roanoke and submit a cost estimate on placing future city employees under Social Security. The motion was seconded by gr. Dillard and unanimously adopted. On motion of Mr. Dillard. seconded by Mr. Garland and unanimously adopted, the meeting was adjourned. ATTEST: APPROVED 147 148 COUNCILs REGULAR MEETING, Mondays January ?j 1963. The Council of lhe City of Roanoke met in regular meeting In the Council Chamber in the Manlclpal Buildings Monday. January ?, 1963, at ?:30 p.m.t with Mayor Stoller presiding. PRESENT: Messrs. Dillard, Garlands Jones, Pollard, rybeeler and Mayor St,lief ................................. 6. ABSENT: Mr. Young ..................1. OFFICERS PRESENT: Mr, Arthnr So Onenss City Manager, Mr. James N, Kincano~ Assistant City Atlorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting mas opened with a prayer by the Reverend As M, Beardslee, Chaplain, Hollias College, MINUTES: Copy of the minutes o£ the regular meeting held on Monday, December l?, 1962, having been furnished each member of Council. on motion of Mr, Nheeler, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS ANU COMMUNICATIONS: SENERS AND STORM DRAINS: Copy of a communication from Dr. J. Carl Poindexter, Chairman of the Courtly Sewer-Tax protesters Committee. to the Council of the Town of Salem. contributing $500 toward legal costs if the Town of Salem will agree to intervene in the next ease in which a Peters Creek property ouner is brough' into court by the Roanoke County Sanitation Authority for refusal to pay sewer service charges used to help pay off the North 11 sewer bonds, was before Councils On notion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted. the communication was filed. REPORTS OF OFFICERS: APPOINTMENTS-DIRECTOR OF PUBLIC WORKS: The City Manager submitted n written report, advising that he is appointing Mr. H. Cletus Broyles as Director of Public Works. effective January Is 1963, subject to the approval of Council, Mr. Dillard moved that the matter be taken under consideration. The notion was seconded by Mr. Wheeler and unanimously adopted. TAXICABS: The City Manager submitted a written reports advising that Mr. Janes G. Coldwell, trading as Coldwell Gabs, has requested permission to transfer his Certificate of Public G,nv,al,ncc and Necessity for the operation of six taxicab: to Coldwell Cab Company, Incorporated, the City Manager verbally recommending that ithe request be granted. Mr. Garland n,red that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The notion was seconded by Mr. Dillard and unanimously adopted. TRAFFIC: Council bering referred the question of regulating the hauling of big concrete beams through the city to the City Manager for study and report, he submitted a mritten report, advising that Section 46,1-343.(b) of the Code of Virginia provides that the State Highway Commission and local authorities of cities in their respective Jurisdictions, shall issue permits for the operation of such vehicles upon the highways and that the Virginia Department of Highways issues permits for that portion of hlghmay routes under state jurisdiction, On motion of Mr, Garlnnd, seconded by Mr, ~heeler and unanimously adopted the report was flied. STATE HIGlJ~A¥S-STREETS AND ALL~¥S: The City Manager submitted a written report, transmitting the following communication from the Virginia Department of Highways with regard to the extension of Interstate Route 5§1 to Elm Avenue: "December 4, 1962 Route 24 Project 0024-126-101, C-$01 Elm Avenue - City of Roanohe Mr. Arthur S, Owens City Manager Roanoke, Virginia Dear ~r, Owens: This is in reference to our meeting held in the Salem District Office on Wednesday. Hovember 26. 1962, and to confirm what I stated to be the Department's'position with reference to the Federal-aid urban project programmed on Route 24 (Klm Avenue). Public Roads and the Highway Department before it was finally agreed that Interstate Spur Route 561 would be constructed to six providin9 the City would agree to the programming of an urban Federal-aid project on Elm Avenue between Jefferson and Fourth City would agree to an urban Federal-aid project to extend the spur to Jefferson Street within five years after Interstate developed along with the Interstate plans and were ready to be sent ant for field inspection on October 12, 1962, On October 5, 1962, Mr. Broyles addressed a letter to thisoffice and enclosed City Map No, 4?45 showin9 a portion of Klm Avenue between Jefferson and First Streets to be closed and stated that City Council had approved an ordinance whereby this section of Elm Avenue would be deeded to the Community Hospital authorities, who. in turn. would deed a portion of hospital property to the City. The hospital property deeded to the City lies within the area nhere the In Mr, Droyles~ letter of transmittal, he suggested a meeting with us and the meeting was held in the Central Highway Office on Friday, October 12, 1962. We agreed to develop plans for First Street south of Elm to determine whether It could be retained on the property traded to the City by the hospital authority. In the meantime, we received, on October 15, 1962, a copy of City Ordinance No. 14951 confirming the property swap. Further, on November 15, 1962, Rr, Broyles transmitted copies of corre- spondence from ~r. g. ~. Armistead, III, President of the Community The import of this correspondence is that additional property on which to locate First Street south of Elm could not be obtained from the hospital authority because they believe that a satis- factory hospital arrangement could not be provided in any less space than that which they now have. 149 15o In the Selem meeting, yon mere sho~n · )eyont of Elm Avenne and First Street with the limits of construction shomn on First Street which clearly showed that First Street south of Elm could sol be constructed within the limits of the property traded to the City without providing heavy retaining mal~s, or shirting the Norfolh and Western traohs to the east. It mas also pointed out that by reason of the property swap, it would be necessary to lengthen First Street north of Elm Avenue approximately 200 feet and reconstruct all or Elm Avenae betmeen Jefferson end First Streets, whereas the original plans, ns developed, retained the present curb, gutter and sidewalk on the south side or Elm and a substantial amount of the present pavement between Jefferson and First Streets. After discussing the above items, in considerable detail. it was agreed that because of the land swap. the cost of the urban Federal-aid project on Elm would be substantially increased. I then informed leu that the Department felt the City should agree to pay the difference in cost over that of the original design. If the City does not agree to do this. there is a strong possibility that the Interstate spur will be terminated at Williamson Road. In view of the foregoing, I shall appreciate it if you will bring this to the attention of City Council and let us have. as early as possible, Chair views and recommendations. Sincerely. S/ J. E. Johnson Jo E. Johnson State Urban Engineer# After a discussion of the matter. Messrs. Pollard. Dillard and Mayor Stoller questioning the fact that Council was not informed of this problem at the time the question of relocating Elm Avenue was presented to the body, Wro Jones moved that a committee composed of members of Council be appointed to confer with representatives of the Virginia Department of Highways, the United States Bureau of Public Roads, the Community Hospital of Roanoke Valley and the Norfolk and Western Railway Company with a view of working out a mutually satisfactory solution to the question. The notion was seconded by Mr. Wheeler and unanimously adopted. MayoF StolleF appointed Messrs. James E. Jones. Chairman, Benton O. Dillar, and Roy R. Pollard. Sr.. as members of the committee. REPORTS OF COMMITyEES: AUDITS-SCHOOLS: Council having previously appointed a committee to determifle whether or not there is a need for au investigative audit of ali city funds, including the school system, and. if so, to recommend a firm of certified ~ublic accountants to make such an audit and report the cost thereof, and, in this connection, having referred to the committee the question of providing for the appointment of two Assistant City Auditors rather than one, the committee submitted the following report: "January 2, 1963 The Council of the City of Roanoke Roanoke, Virginia Gentlemen: Your undersigned committee recommends as follows: 1. That the ordinance amending Section 4, Chapter 8. Title 2 of of the City Code which you referred to it at your meeting of December 31, 1962, be adopted. 2, In accordance with our report of July 25, 1962, In which you concurred, that the City Attorney be instructed to prepare an ordinance implementing Section 56 of the City Charter to provide for a continuing audit of the affairs and records of the School Board by the City Auditor, 3, Further lnoccordance with said report'of July 2Se 1962, that we be authorized to employ a competent accounting firm to make au investigative audit of the accounts end records of the Mater Department, the cost thereof to be paid from funds of the said Mater Department and that the City Auditor shall cooperate with such firm in making the said audit, 4, This committee having been continued will make further reports from time to time as conditions may warrant, Respectfully submitted, S/ Boy R. Pollard, St, Roy R. Pollard, Chairman S/ Benton Dillard Benton O. Dillard S/ Murray A. Stollerm Mr, Dillard moved that Council concur in the recommendationsof the committee and offered the following emergency Ordinance carrying out Recommendation 1: (~15073) AN ORDINANCE to amend and reordain Sec. 4. 'Assistant and clerical help' of Chapter 8. *The City Auditor' of Title II. 'Administration' of The Code of the City of Roanoke, 1956; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 102,) Mr, Dillard moved the adoption of the Ordinance. The motion sas seconded by Mr. Garland and adopted by the follosing vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, ~heeler and Mayor Stoller ................................ 6, NAYS: None ........................O, (Mr. Youn9 absent) Mr. Garland then moved that Recommendations 2 and 3 be referred to the City Attorney for preparation of the proper measures. The motion was seconded by Mr, Dillard and unanimously adopted. PARES AND PLAYGROUNBS-STADIBM-WATER DEPARTMENT: Council having previously referred bids for operating concessions on city-omned properties to a committee for tabulation and report, the committee~submitted the following report: "December 20, 1962 To the City Council Roanoke, Virginia Gentlemen: You referred to the below committee bids received and opened before City Council on December 17. 1962. The bids are for operating concessions on city=owned properties for the period beginning January 1, 1963 and ending December 31, 1963 with option to renew for two(2) additional years, under the con- ditions set forth in detail in the proposal forms. The bids offering the largest sum and/or percentage of gross sales to the City are as follows: 151 152 Rockledge Inn Robert E~ Stone 26~ of gross sales Children*s Zoo (sale of soft drinks, coefectloos, elc,) Robert E. Stone 26~ of gross sales Chlldren*s Zoo (swing ride and/or pony tracR) Noel J, Dalton Sum of $100,00 cash on or before May 1, 1963, end, in addition and thereafter, of gross receipts, M~nicipal Stadium and Athletic Grounds Sam A, Garrison 28~ of gross sales Hrs. Lorena #. Routt CarvJns Cove Area C. D. Ciemmer $150.00 per annum, to be paid at be- ginning of each year. $400.00 per annum payments to be made $100,00 monthly, beginning June 1, 1963. The proposal form for operating concessions at Carvins Cove contained n clause which precludes the use of the facility for living quarters, and this clause was struck from the bid received from Mr. Co B. Clemmer, Mr. Clemmer informed the Purchasin9 Agent by telephone that City Council had previously granted him the right to use this facility. Attached hereto is a copy of Resolution Number 13942 dated December 28° 1959 mhich provides the concessionaire and his immediate family may reside in the quarters in the concession house in the area. It is the opinion of the committee that t~e contract for opera- ting concessions at Carvins Cove, including the use of living quarters, should be awarded to Mr. C. B. Clemmer. However. there should be a clause in the contract stating that the concessionaire covenants and agrees that, if the City of Roanoke should mate material improvements to the concession stand, the contract shall be terminated, of its own accord, 30 days prior to the time the City plans to commence making such improvements. This clause appears in the existing contract with Mr. Clemmer. which contract expires December 31, 1962. Since no bids were received for operating concessions at Washington Park it is the opinion of the committee that con- cessions at said location should be operated by the City of Roanoke in a manner deemed to the best interest of the City. COMMITTEE: S/ Robert A~ Garland Robert A. Garland, Councilman-Chairman S~ Arthur S, Owens Arthur S. Owens, City Manager S/ Bueford B, Thompson Bueford B. Thompson. Purchasing Agent" After a discussion of the matter, Mr. Jones questioning whether the highest bidder is almays equipped to give the best service, particularly with reference to Victory Stadium, and voicing the opinion that in the future the Stadium Advisory Committee should be consulted in awarding the contract for operating the concession at the Stadium, Mr.' Pollard moved that Council concur in the report of the committee and offered'the following Resolution: (~15OT4) i RESOLUTION accepting bids for certain concession privileges to be exercised, respectively, at Rockledge Inn, Zoo Concession. Pooy Concession, Victory Stadium, Ramona Park and Carvins Cove; directing the execution of requisite contracts; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 2b, page 103.) Hr, Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: hessrs. Glllard, Garland. Jones, Pollard. Kheeler and Mayor St,lief ........................... 6. NAYS: Hone ...................O. (Mr. Young absent) U~FIHISBED BUSINESS: FIRE DEPARTIdENT: Council havin9 referred to the Budget Commission for its consideration the request of the Garden City Civic League for a new fire station and a company of full time firemen in the Garden City area, and no funds having been appropriated Iff the 1963 budget to carry out the request, the matter was again before the body, In this connection, a delegation of residents of the Garden City area appeared before Council with Mr. Charles Ko Hancock as spokesman, Mr. Hancock pointin~ out that the estimate for the construction of a new fire station and operation of same has been $116,233.40. but that he feels if the fire station is constructed at amI estimated cost Of $41.2G0.00 a sufficient number of men could be transferred from existing fire stations to create a full-time company for a fire station in the Garden City area. After a discussion of the matter. Mr. Pollard moved that the question of constructing a fire station for the Garden City area be referred to a committee composed of Messrs. James E. Jones, Chairman, Robert A. Garland and Vincent S. Wheeler for consideration in connection with its study of a long-range capital improvement program for the city. The motion was seconded by Mr. Mheeler and unanimously adopted. reading and final adoption: :!53 154 (n15051) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, io relation lo Zoning, ( For fall text of Ordinance, see Ordinance Book No, 26, page 101o) Mr, Rheeler moved the adoption of the Ordinance, The motion mas seconded by Mr, Garland and adopted by the follomlng vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Rheeler and Mayor Stoller ........................... NAYS: None ...................O, (Mr, Young absent) OFFICE HOURS=CITY EMPLOYEES: Conncil having directed the City Attorney, after conferring with the City Manager and the Chief of the Fire Department, to prepare the proper measure amending Resolution No. 15013, establishing Monday, December 24, 1962, as a legal holiday, to provide that members of the Fire Departmenl who worked on that day shall receive twenty-four hours equivalent time off during the calendar year 1963, the Assistant City Attorney submitted a written report, pointing out that some of the members of the Fire Department only worked eight hours on December 24, 1962. and that almost all of the remaining members of the department worked sixteen hours on that day, some few members of the department being on scheduled leave for the day, consequently, he has prepared not only the measure directed bI Council, but an alternate measure providing that members of the Fire Department who sorked on December Z4, 1962, shall receive time off during the 19h3 After a discussion Ot the matter, Council being of the opinion that all of the members of the Fire Department who worked on Becember 24, 1962, should receive twenty-four hours equivalent time off during the calendar year 1963, Mr, Dillard offered the folloslng Resolution: (~15075) A RE.~OLUTION amending Resolution No. 15013 relating to the holiday provided for City employees on December 24, 196~. (For full text of Resolution, see Resolution Book No. 26, page 104.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones. Pollard, Wheeler and Mayor Stoller ........................... NAYS: None ...................O, (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: DELINQUENT TAXES: Mr. I. F. Mullen, 4935 Old Mountain Road, appeared befor Council and requested information as to proper procedure for acquiring property on Hollins Road, N, E,, which has delinquent taxes against it. Mayor Stoller advised Mr. Mullen to submit a sritten offer to the Delinquen Tax Collector. TAXES: Mr. S. Albert Trumpeter appeared before Council and expressed the belief that if there is a surplus in the General Fund for 1962 the tax rate for 1963 should be adjusted accordingly before March 15, 1963. Mayor Stoller advised Mr. Trumpeter that if there is a surplus from 1962 it will be needed in the contingency fund for 1963, NATER DEPARTMRMT: Mr, Richard M. Anderson, 2608 Mart Street, M, M,, appeared before Council and complained of red wate~ emitting from the faucets in 'his home. On motion of Mr, Olllard. seconded by Hr. Garland and unanimously adopted, the matter mas referred to the City Manager for study and report to Council. COUNCIL: Nfo James G. Rowe appeared before Council and expressed appreciation for the night meetings being held by the body, stating that this is the first opportunity be bas hud to observe Council in action. CITY GOVERNMENT: Mr, Malter M. Hooper, representing Associated Management Consultants. Trenton, Mom Jersey. appeared before Council. at the invitation of Mayor Stoller, and submitted a verbal proposal to make an efficiency survey for the city. at an estimated cost Of $18.000, Mr. Hooper pointing out that the balk of the money spent by the city goes for salaries and wages of city employees and expressing the belief that an efficiency survey will save the city approximately ~B2,000, Mr. I. E, Brody, a citizen, questioned the ad¥isabilJty of efficiency surveys. Mr. S. Albert Trumpeter, a citizen, stated that he has prepared a ten page recommendation on how the city can save money and that he does not feel an efficienc survey is needed if Council will follow his recommendations. Mr. Hooper replied that in his opinion it WOuld be better to have an outside, unbiased opinion. The matter havin9 been discussed at length, Mayor Stoller advised Mr. Hooper that his proposal would be taken under advisement. PLANNING: Mayor Stoller presented a communication from the Roanoke Valley Regional Planning Commission, advising that at the quarterly meetin9 of the Roanoke Valley Regional Planning Commission held in Salem On December 12, 1962, a motion wOS passed that an additional member-at-large be appointed from each of the five political subdivisions for a period of three years, beginning January 1. 1963. Council being of the opinion that Mr. John D. Copeuharer should be appointed as its additional member-at-large and that the Memorandum of Agreement for the formation and operation of the Roanoke Valley Regional Planning Commission should be amended to provide for the additional member-at-large, Mr. Wheeler offered the followio9 Resolution: (u15076) A R~SOLUTIOM approving and agreeing to certain proposed amend- ments tO the Memorandum of Agreement establishing the Roanoke Valley Regional Planning Commission heretofore approved by Resolution Mo. 126B8; and appointing an additional representative from the City from the citizenry at large as required by such amendment. (For full text of Resolution, see ResoLution Book No. 26, page 104.) 155 156 Mr, Mheeler moved the adoption of the Resolution, The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs, Garland, Jones. Pollard, Mheeler and Ha/or 5toller ....... NAYS: Mr, Dillard ......................................................1. (Mr. Young absent) AIR POLLUTION COHTROL: Hayor Stoller brought to the attention of Council the death of Mr. John H. Noftsinger, Air Pollution Engineer, and raised the question of abolishing the position, stating that it is his understanding the duties of the office are not heavy enough to require a full-time Air PolLution Engineer, Mr. Fred K, Prosser0 Chairman, Advisory and Appeal Hoard, Air Pollution Control, appeared before Council and advised that the Board had met earlier during the day and unanimously opposed abolishing the position of Air Pollution Engineer, Mr. Prosser stating that, contrary to rumor, Mr. Nor*singer had more than he could do with regard to air pollution control. Mr. ~inston H. Sharpley, a member Of the Advisory and Appeal Hoard, stated that he would like to see the program continued and, if anything, augmented. Mr. Joseph C. Hrown, Administrative Assistant for the Health Department, speaking in behalf of Ur. Margaret M. Glendy. Commissioner of Itealth, advised that Dr. Glendy and Dr. E, Go Gill, Chairman of the Board of Baal*h, are in favor of continuing the Air Pollution Control program and hope that a further study will be made of the matter. Mr. John Ro Arthur, a citizen, stated that he feels the position of Air Pollution Engineer should be abolished. Mr, S. Albert Trumpeter, a citizen, stated that he would like to see the Department of Air Pollution Control placed under the supervision of the Building Commissioner. After a further discussion of the matter, Mayor ~toller conceding that his original proposal was based on an erroneous premise, Mr. Wheeler moved that the position of Air Pollution Engineer be retained and that the matter of strengthening the provisions of Chapter 5, Title XV, of The Code of the Cit~ Of Roanohe, 1955, relating to Air Pollution Control. particularly with reference to internal combnstio engines, be referred to the Advisory and Appeal Hoard, Air Pollution Control, for study, report and recommendation to Council. The motion was seconded by Mr. Dillard and unanimously adopted. AIRPORT: Mr. Jones muted that the City Attorney be directed,tv prepare the proper measure providing for the appointment of Mensrs, C, Wu Francis, Jr., John H. Miller and James A. Turner to appraise approximately 30 acres of land at Roanoke Municipal (Woodrum) Airport located on the south side of old Virginia Route 117, east of Hunway 15/33. The motion was seconded by Mr. Mheeler and unanimously adopted, HEALTH DEPARTMENT: Council having previously referred the question of transferring the functions of the Health Department of the City of Roanoke to the State of Virginia to the City Manager for study with the Commissioner of Health and the Hoard of Health and to submit his report and recommendation to the body. #r, Jones moved that the report be submitted to Council not later than February Il, 1963, Thc motion mas seconded by Mro Stoller, who relinquished the Chair, and unanimously adopted, OFFICE HOURS-CITY EMPLOYERS-POLICE DEPARTMENT: Mr, Olllard pointed out that Council appropriated money in'the 1963 budget for the employment of six additional policemen and that in order to reduce the number of hoars worked by the policemen Section ti, Chapter 3, Title 1I, of The Code of the City of Roanoke, i956, mill have to be amended. After n discussion of the matter, the City Manager indicatia9 that if Council wishes to place the policemen on a forty-hour work week with the personnel presently provided for in the i963 budget he mill see that this is accomplished, and Mr. ~heeler indicating that he Would like to see the plan of the City Manager for putting a forty-hour work meek for policemen into effect before he votes for an amendment to the City Code, Mr. Dillard moved that the City Attorney be directed to prepare the proper measure amending and reordaining Section Il. Chapter 3, Title I1, of The Code of the City of Roanoke, 1956, to provide for a forty-hour work week for members of the Police Department, effective April t, t963. The motion was seconded by Mr. GarLand and unanimously adopted. Mr. Nheeier then moved that the City Manager be requested to present a plan to Council for placin9 members of the Police Department on a forty-hour work week with the personnel presently provided for in the 1963 budget. The motion was seconded by Mr. Pollard and unanimously adopted. On motion of Mr, Dillard, seconded by Mr. Jones and unanimously adopted, the meetinG was adjourned. ATYEST: APPROVED 158 COUNCIL. REGULAR MEETING, Monday, January 14, 1963o The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, January 14, 1963, at 7:30 p,m** with Mayor Stoller presldingo PRESENT: MeSSFS. Dillard, Garland. Jones, Pollard, Wheeler, Young and Mayor Stoller .............................. ABSENT: None .................... OFFICERS PRESENT: Ir. Arthur S. Owens, City Manager. Mr. James N. Kincanon. Assistant City Attorney, and Mr. J. Robert Xhomds, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend R. R. Stone, Pastor, ~averly Place Baptist Church. MINUT~: Copy of the minutes of the regular meeting held on Monday, December 31, 1962, having been furnished each member of Conncll. on motion of Mr. ~heeler. seconded by Mr. Pollard end unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITZZE~S UPON PUBLIC MATTERS: GARBAGE REMOYAL: A delegation of representatives of the Roanoke Valley Council of Human Relations appeared before Council in regard to the closin9 of the Washington Park dump, with Mr. George P. Lawrence, President, acting as spokesman. Mr. Lawrence introduced the Reverend R. Carroll Brooke, Vice President, who read a prepared Statement, requesting that the members of Council make a formal effort to discover for themselves the real facts Of the problem by visiting the ~ashington Park dump, the 30-acre tract of land purchased by the city along Tinker Creek in the East Gate section for dumping purposes and the present city incineratol in an official body. and that the Nashington Park dump be closed within the next 90 days. Mayor Stoller stated that he feels the citizens in the vicinity of ~ashington Park have been patient long enough and that he does not think they should be made to suffer any longer, that Council sincerely wants to do what is the right thing, hut that 90 days is too short a period of time to correct the Situation since the present incinerator cannot be repaired that quickly, Mayor Stoller concluding that he feels the City Manager should act forthwith to rebuild the incinerator, The Citl Manager advised that he plans to submit a report on the matter the regular meeting of Council on January 2B, 1963, with the exception of the questio of initiating a compost system, the City Manager pointing out that if Council elects to close the Washington Park dump in 90 days and utilize the tract of land in the East Gate section for a new dump until a solution is found to the problem it will not be too difficult to prepare the new site for this purpose. Mr. I. F~ Mullen, a citizen, protested to use of the tract of land in the East Gate section for dumping purposes, expressing the opinion that if this is done the objection from surrounding citizens will be even greater than that of the Mashington Park area citizens. Mr. S. Albert Trompeter. n citizen, objected to enlarging the present incinerator, stating that he is in favor of rebuilding it and constructing another Incinerator la the mestern part of Ran,aka. Speaking in favor of closing the Rnshington Path dump mere Dr. L. £. Paxton. Hr. Ira J. Womnch. St** and Mrs. George Gordh. representatives of the Roanohe Valley Council of Human Relations. After a lengthy discussion of the question. Mr. Dillard moved that Council fix the tentative date for closing the Mashington Path dump as June 1. 1963. The motion was seconded by Hr. Garland and adopted. Messrs. Mheeler and Young voting no with the comment that that feel it is impossible to close the Mashington Park dump by that date. Mr, Jones then moved that a committee of three members of Council be appointed to work with the City Manager in an effort to close the Washington Park dump by June I. 1963. The motion was seconded by Mr. Dillard and unanimously adopted, Mayor Stoller appointed #easts. Vincent S. Mheeler. Chairman. Roy R. Pollard, Sr., and Benton O. Dillard as members of the committee, BOSSES: Mr. Molter Mo Wood, Attorney. representing Mr. Joseph W. Hazlegrove, President. Virginia Display Benches. Incorporated, appeared before Council and presented a Communication from Mr. Dazlegrove, advising that because of a severe health defect he must retire from participation in the business of plaeiog advertising benches at various bus stops and other suitable and approved locations and requesting that the franchise for said business be transferred to Mr. A. C. Owen. Mr. WheeleF moved that Council concur in the request and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Young and unanimously adopted. GRADE CROSSINGS-STREETS AND ALLEYS: Mr. Ralph A. Glasgow appeared before Council and requested that the city take action to establish a roadway and railway crossing over the tracks of the Norfolk and Western Railway Company as an extension Of Roanohe Avenue. 5. M.. to pro[ida ingress and egress to and from his property designated as Official Tax No, 1510301. Mr. John R. Turbyfill, Assistant General Attorney for the Norfolk and Western Railway Company. appeared before Council and explained that the railway company has informed Mr..Glasgow that it will construct a railway crossing over its tracks at this point if Mr. Glasgow will bear the cost thereof. Mr. Glasgow replied that the City Attorney has ruled that the city has a right to request the railway company to install the crossing. The request of Mr. Glasgow having been tabled at the regular meeting of Council on February 2G, 19fi2, Mr. Dillard moved that the matter, be taken from the table, The motion was seconded by Mr. Jones and adopted. Mr. Young not voting. 159 · study, report and recommeodntJ0m to Council. The motion was seconded by Mr. Dillard end adopted. Mr. Young not voting° #~yor Stellar appointed as members of the committee Hessrs. Robert A. Garland. Chairman. James E. Jones. Murray AK Stellar; Randolph G. ~bittle. Arthur S. Owens and H. Cletus Droyles. P£TITIONS A~D COMMUNICATIONS: CITy GOVERNM£NT: Council hnvin9 previously requested Mr. Reuben ~. Lawson representing the Cltizents Protective Association and the Peoples Voters League. to be put into writing verbal suggestions that a new recreation center be built in the northwest section and that Negroes be given more representation and recognition in before the body. In this connection, Dr. L. C. Paxton. President. appeared before Council and urged that favorable consideration be given to the requests. Mr. I. F. Mullah and Mr. Melvin D. Grant. citizens, protested that the citizens do not have any. has the proper faoJlities; Mr. Garland moved that Item 1o relating to the construction of a new Mr. Jones and unanimously adopted. Mr. Dillard moved that the City Clerk be directed to furnish the members of Council with a copy of a Resolution establishing a policy that neither race. cree nor COlOr be considered as a prerequisite in ability of an individual to he employed by the city. The motion mas seconded by Mr. Jones and nnanimousiy adopted. Mayor Stellar then relinquished the Chair and moved that a committee he appointed to consider the remaining requests. The motion was seconded by Mr. Dlllar~ Mayor Stellar appointed Hessrs. Roy R. Pollard. Sr.. Chairman. Benton O. Dillard and Vincent S. Wheeler as members of the committee. STR~£T LIGHTS: A petition signed by seven citizens, requesting that u street light be installed at the intersection of Nallace Avenue and Purcell Avenue.· the request was referred to the City Manager for study, report and recommendation Council. GARRAG£ REHOYAL: A communication from #r, Cecil Simmons, expressing the belief that city garbage trucks ire transferring rats from one property to another in collecting garbage, uan before Council, On motion of Hr. Jones, seconded by Hr. Pollard and unanimously adopted, the communication was received and filed, STREET LIGHTS: A communication from the Appalachian Power Company, trans- mitting e list of street lights installed during the month of December, 1962, nas before Council, On motion of Hr, Dillard, seconded by Hr. Young and unanimously adopted. the communication was flied, ZONING: A communication from the Board of Zoning Appeals. transmitting its Annual Report for the year 1962, was before Council, On motion of Hr, Dillard, seconded by Mr. Garland and unanimously adopted, the report nas filed. REPORTS OF OFFICERS: CITY JAIL: The City Reneger submitted a nritten report, requesting that Resolution be adopted anthorizing the City Sergeant. for and on behalf Of the City Of Roanoke. to execute a contract with the United States Of America, for United States Department Of Justice, Bureau of Prisons, for a period not to exceed three years beginning April 1, 1962, covering the safekeeping, care and subsistence, (but not the medical treatment), of persons held under authority of any United States statute in the Roanoke City Jail. In a discussion of the matter. Mr. Young questioned the rate of $1.50 per day, voicing the opinion that it costs more to keep this type of prisoner than city prisoners, and moved that the City Manager be requested to obtain from the City Sergeant the average cost per day for caring for prisoners. The motion was seconded by Mr. Dillard and unanimously adopted. It appearing that the contract has a thirty-day cancellation clause, Mr. Jones then offered the following Resolution: (~15077) A RESOLUTION authorizing the safekeeping, care and subsistence of persons held under authority of any United States statute, including persons detained as aliens, in tho Roanoke City Jail, under terms and conditions contained in a certain written contract numbered Jlc-197~3. (For full text of Resolution, see Resolution Book No, 26, page 106.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Messrso Garland, Jones, Pollard and Wheeler ...................... NAYS: Messrs. Dillard, Young and Mayor Stoller ......................... 3. CITY PROPERTY: Council having previously requested the City Reneger to prepare a list and map of all city-onned property located within the city, and the City Ranager having submitted an interim report, transmitting a map indicating the locations of fire stations, parks and schools, he submitted a written report, together with a list of all city-owned property located within the city. 161 162 On motion of #r. Garland, seconded by Hr, Jones:ond unanimously ndopled, the list and mop.were referred to the City PI,suing Commission mlth the request thor the Planning Gommlsslon revlem sold properties and recommend ~o Council those properties not needed for future expansion of various city departments such as the Fire Department. the Department of Parks and Recreation and the Roanoke City School System. REPORTS; The City Man'gar oubmitted a mrltten report, transmitting a report of the Department of Public Relfare for the month of Roy,abet. 1962. and listing monthly departmental reports on file In his office. On motion of Hr. Pollard. seconded by Hr. Mheuler and unanimously adopted. the report mas flied. REPORTS OF CORRITTEES: SEWERS A~D STORM DRAINS: Council having previously referred to o commltte~ composed of Messrs. Railer L. Young. Chairman. Roy L. Mebber. Arthur So Owens and Randolph G. Whittle for study, report nnd recommendation n request of the Council of the Town of Salem that the contract between the Town of Salem and the Gity of Roanoke. dated October 16. 19S3. dealing with the treatment of domestic and com- mercial wastes, be amended by adding thereto sixty acres of land adjacent to the south corporate limits of Salem between Roanoke River and penley Boulevard. the committee submitted a written report, recommending that the request be granted. Rt. Jones moved that Council concur in the recommendation of the committee and offered the following Resolution: (#15078) 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. 26. page 106.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor at.lief ............................ NAYS: None ....................OD SEWER5 AWD STORM DRAINS: Council having previously referred to a committe composed of Messrs. Walter L. Young, Chairman, Roy L. Webber. Arthur So Owens and Randolph Oo Whittle f~r study.-report and recommendation requests of the Board of Supervisors of Roan.keG.mary that the contract between the County of Roan.he and the City of Roanoke. dated September 28. 1954. dealing with the treatment of domesti~ and commercial wastes, be amended by adding thereto a 13E-acre tract of land in the vicinity of Virginia Route 119 and U. S. Route 221 near Cave Spring; a 1,300-acre tract of land in the vicinity of Virginia Route 685 and U. 5, Route 11 at the south- corporate limits of the Town of Salem; a 241-acre tract of land adjacent to the Dwight Hills Subdivision in the vicinity of Virginia Route 117; a lDO. Il-acre tract 163 o! land mest of H,Ilium College and south of Interstate Route Dl; nnd a 123.5?-acre tract of lead east of D. S. Route 221 between Virginia Route 119 and Virginia Route 613. the committee submitted a written report, recommending that the requests be granted. Hr. Jones moved that action on the matter be deferred until the regular meeting of Council on January 20. 1963. The motion was seconded by Mr. Dillard and unanimously adopted. Mr. Young advising that it has been brought to his attention that It is proposed to construct approximately 100 houses on the 132-acre tract of land in the vicinity of Virginia Route 119 and U. S. Route 221 near Cave Spring at an estimated cost of approximately $1,000,000, UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONK, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TAXICABS: Council having directed the City Attorney to prepare the necessary measure approving and authorizing the transfer of a certificate of public convenience and necessity from James C. Caldwell. trading as Caidwell Cabs. to Caldwell Cab Company. Incorporated. he presented same. At the request of the City Danager. Hr. Garland moved that action on the proposed Ordinance be deferred until the next regular meeting of Council. The motion was seconded by Dr. Dillard and unanimously adopted, AUDITS-SCHOOLS: Council having directed the City Attorney to prepare the proper measures carrying out recommendations of the committee appointed to determine whether or not there is a need for an investigative audit of all city funds, including the school system, and, if so, to recommend a firm of certified public accountants to make such an audit and report the cost thereof, he presented same; whereupon, Dr. Dillard offered the f,Il,win9 emergency Ordinance providing for a continuing audit of the affairs and records of the Roanoke City School Board: (~15079) AN ORDINANCE amending and reordaining Sec. 2 of Chapter O, Title II, of The Code of the City of R,an,Re, 1956. relating to the duties of the city auditor; and providin9 for an emergency. (For full text of Ordinance. see Ordinance Book No. 26; page 108,) Mr. Dillard moved the adoption of the Ordinance. The motion nas seconded by Rt. Garland and adopted by the following vote: AYES: Dessrso Dillard, Garland. Jones, Pollard, Wheeler, Y,un9 and Rayor St,lief ............................ NAYS: None .................... Dr. Pollard then offered the following emergency Ordinance providing for an audit of the accounts.and records of the Water Department by independent account- ants: (alS080) AN ORDINANCE providing for an audit of the accounts and records of the City*s water department by independent accountants; providing for the payment of the costs thereof; and providing for an e~ergency. (FOr full text of Ordinance. see Ordinance D,ok No. 25. page 164 Mr. P~llard moved the adoptio~ of the Ordinance. The motion mas seconded by Mr, Mheeler and adopted by the roi'lowing vote: AYES: Messr~, Dillard,' Garland. Jones, Pollard, Mheeler, Young and Mayor St,lief ........................... 7. NAYS: Hone ......g ............ O. AIRPORT: Council having directed the City Attorney to prepare the proper measure providing for the appraisal of a 30-acre tract of land at Roanoke Municipal (MoodFnm) Airport. located on the sooth side of old Virginia Route 117, east of Runuay 15/33, he presented same; uhereupon, MF. Pollard offered the follouin9 Resolution: (#15081) A RESOLUTION providing for the appraisal of a portion of the City's municipal airport property, located on the south side of old State Route 117. (For full text of Resolution. see Resolution Book No. 26, page 110o) Mr, Pbllard moved the adoption of the Resolution. The motion mas seconded by Mr. Garland~and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... 7, NAYS: Hone ................... O. In this connection. Mr. Jones moved that the matter of ascertaiuin9 the cost of the appraisal and preparing the proper measure appropriating said amount be referred to the GitI Manager and the CieI Attorney. Yhe motion was seconded hI Mr. Garland and unanimously adopted. POLICE DEPARTMENT: Council having directed the City Attorney to prepare the proper measure to provide for a forty-hour work week for members of the Police Department with the personnel presently provided for in the 1963 budget, effective April 1, 1963, he presented same. In a discussion of the matter, the City Manager stated that he intends to present to Council a reasonable plan for placing members of the Police Department on a forty-bohr work week with the personnel presently provided for in the 1963 budget, but that he would like to do so with the qualification that in four months from the inception of the plan he be permitted to report back to the body as to how said plan is operating from the standpoint of affecting the crine rate in Roanoke. After a further discussion of the matter. Mayor Stoller stating that he is in favor of the plan if it can be done with the personnel presently provided for in the 1963 budget, but that he reserves the right to change his position if it appears that additional men will be needed to implement the plan, and Messrs. Mheele and Young voicin9 the opinion that more than the six additional men will ultimately be required to place the Police Department on a forty-hour work week, Mr. Dillard moved that the following Ordinance be placed upon its first reading: (n15082) AN ORDINANCE amending and reordainiug subsection (e), section 11, Chapter 3, Title I! of The Code of the City of Roanoke, 1956, relating to the employees cf the fire department, and of the police department, to provide for a forty-hour m,th meeh rot employees of the police department, which amendment shall become effective April 1, 1963, HE IT ORDAINED by the Council of the City of R,an,he that subsection (e), section 11, Chapter 3, Title II of The Code or the City of R,an,he, 1956. be, and said subsection is hereby amended and reordained to read and provide as follows: (e) Each member of the fire department mbo moths on twenty- four-h,ur shifts shall receive tm, days off per month and e~ch dispatcher shall receive six days off each month in lieu of Saturdays, Sundays. and holidays. The City Manager shall arrange and establish as of the effective date of this employees of the police department of the City, using such personnel as are presently or may, from time to time, hereafter be authorized for employment in said department. BE IT FURTHER ORDAINED that this ordinance shall be in full force and effect on and after April 1. 1963. The motion was seconded by Rt. Garland and adopted by the following vote: AYF~: Ressrs. Dillard, Garland, Jones. Pollard. Hheeler, Young and Mayor St,lieF NAYS: Hone ...................O. Hr. Jones then moved that the City Manager be requested to report back to Council as to the workability of the plan f,ur months after its inception. The motion was seconded by Mr. Dillard and unanimously adopted. In this connection. Mr. H. M. Matt,x, President of the Roanoke Fire Fighters Associa~ion, and Mr. Charles C. Pietrowski. an employee in the Street Repair Department, commended Council for its action and expressed the hope that their departments would receive similar consideration at some future date. MOTIONS AND MISCELLANEOUS BUSINESS: qUALIFICATION OF OFFICERS: The CitI Clerk reported the qualification of Hr. Harold W. Hill as a member of the Roanoke Yalley Regional Planning Commission; Rr. Carroll G. Traylor as a member of the Advisory and Appeal Board, Air Pollution Control; Messrs. F. M, Brill, Louis P. Smith,y, S. H. Barnhart, L. Elwood Norris and A. M. ichstein as members of the Board of Zoning Appeals; Messrs. C. E. Bunter, Jr., B. N. Embank and Joseph D. Lawrence as members of the City Planning Commission: and Mr. William J. Branscom as a member of the Advisory Committee on Investment of Funds to the Board ,of Trustees of the Employees' Retirement System. On motion of Mr. Rheeler, seconded by Hr. Jones and unanimously adopted, the report was filed. CITIZENS* COMMITTEE: Malor St,lief called attention to a vacancy on The Citizens* Committee for Greater Roanoke due to the death of Mr. R. E. Budges and called for nominations to fill the vacancy. Mr. Jones placed in nomination the name of Joe P. Gills. Mr. Dillard moved that the nominations be closed. The motion was secondei by Mr. Wheeler and unanimously adopted. 165: 166 Mr. Joe P, Gills mas elected ns a member of The Citizens* Committee for Greater R,an,he by.the f,Il,ming vote: FOR MR, GILLS: Messrs. Dillard, Garland, Jones, Pollard, Yheelero Young and Mayor St,lief ....................... BEALT~ DEPARTMENT: Mayor St,lieF called attention to the expiration of the terms of Messrs, Eugene S, Brown and J. Garry Clay as members of the Housing and Hygiene Board on January 31, 19630 and called for nominations, Mr. Dillard placed in nomination the names of Eugene S, Bt,mn and J. Garr Clay, Mr. Garland moved that the nominations be closed° The motion was seconded by Mr. Wheeler and unanimously adopted. Wessrs, Eugene S, Brown and J. Garry Clay were reelected as members of the Housing and Hygiene Board for terms of two years each beginning February 1, 1963, by the following vote: FOR ME~SSRS. BROWN AND CLAY: Messrs. Dillard. Garland. Jones. Pollard. Wheeler. Young and Mayor St,lieF ............. APpOINTMENTS-DIRECTOR OF PUBLIC WORKS: Council at its last regular meeting having taken under consideration a Resolution confirming the appointment by the City Manager of Mr. II. Cletus Hroyles as Director of Public ~orks, effective January 1, 1963, and Coumcil being of the opinion that the appointment should be confirmed, effective January 15. 1963. Mr. Garland offered the f,Il.win9 Resolution: (~lSOB3) A RESOLUTION confirming the appointment of H. Cletos Broyles as Director of Public Works of the City of Roanoke. (For full text of Resolution. see Resolution Book No. 26. page 110.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Wheeler. Young and Mayor St.lief ........................... 7. NAYS: None ...................O. Mr. Young then offered the following emergency Ordinance appropriating $B52 to provide for an .adjustment in the salaries of the Director of Public Works and the City Engineer: (~15084) AN ORDINANCE to amend and reordain Section #80, *Engineering Services.' of the 1963 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 111.) Mr. Young moved the adoption of the Ordinance. The motion was seconded b1 Mr. Wheeler and adopted by the following vote: AYES: Messrso Dillard, Garland, J,nest Pollard, Wheeler, Young and Mayor Stoller ........................... 7, NAYS: None ...................O. CITY #AHAG~R: Hr. Hheeler Bored that Council tike steps to see,re an Assistant City HauageF in 1963. The motion was seconded by Hr. Jones and unani- mously adopted. Onmot~nor M~ Dillard. seconded by Hr. Jones and unanimously adopted, the neet,rig uas adjourned. . APPROVED 168 COUNCIL, REGULAR MEETING. Monday. January 21. 1963, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. January 21. 1963. at 7:30 p,w** with Mayor St,liar presiding. PRESENT: Me**rs. Dillard. Garland. Jones. Mheeler. Young and Mayor St,liar .............................. ABSENT: Mr. Pollard .............1o OFFICERS pRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph G. Rhittle. City Attorney. and Mr. Jo Robert Thomas. City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend J. R. Bock. Associate Pastor. Raleigh Court Methodist Church. MINUYES: Copy Of the minutes of the regular meeting held on Monday. January ?. 1963. having been furnished each member of Council. on motion of Mr. Garland. seconded by Mr. Wheeler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC BATTERS: STREETS AND ALLEYS: Pursuant to notice of advertisemen~ for bids on the widening of Mabry Avenue. So E.. from Ventnor Road to Moran Street. said proposals to be received by the City Clerk until 5:00 p.m.t Monday. January 21. 1963. and to be opened at 7:30 p.m.. before Council. Mayor St,liar asked if there was anyone present ~ho did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like to ash. and no representative present raising any question, the Mayor instructed the City Clerk to.proceed with the opening of the one bid received; whereupon, the City Clerk opened and read the bid of H ~ 5 Construction Company in the amount of $4,T13.50. On motion of Mr. Wheeler. seconded by Mr. Young and unanimously adopted. the bid was referred to a committee composed of Messrs. Benton O. Dillard. Chairman. Robert A. Garland and H. Cletu$ Broyles for study, report and recommendation to Council. the City Attorney to prepare the proper measure accepting the proposal of B ~ S Construction Company. if the committee so recommends. STREETS AND ALLEYS-SCHOOLS: Pursuant to notice of advertisement for bids on the extension of Ferncliff Avenue. N. W.. from Bershberger Road to the new Nilliam Fleming High School. said proposals to be received by the City Clerk until 5:00 p.m.. Monday. January 21. 1963. and to be opened at T:30 p.m** before Council. Mayor St,liar asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like to ash. and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the f,Il,wing bids: AlternateAlternate Total No. I No. 2 (extension to) · (~oatt Laee) H & S Construction Co. $20,D15.00 $11,486.~O $32,301.50 Virginia Asphalt Paving C~,luc. 19,955.O0 9,493.00 29,448. O0 Adams Construction Co. 17,097.50 9,35D.50 2b,456.00 On motion of Mr. Mheelero seconded by Mr. Young and unanimously adopted, the bids were referred to a committee composed of Messrs. Denton O. Dillard, Chairman, Robert A. Garland and D. Cletus Broyles for tabulation and report to Council. the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. SIDEMALK-CURB AND GUTTER: Pursuant to notice of advertisement for bids on construction of concrete sidewalk, curb and gutter at various locations in the City of Roanoke, said proposals to be received by the City Clerk until 5:00 p.m., Monday, January 21. 1963. and to b~ opened at 7:30 p.m.o before Council. Mayor Stoller asked if there was anyone present who did not fully understand the advertisement, if there mas anyone present who had been denied the privilege of bidding, or if there ~ece any questions about the advertisement anyone would lihe to ask, and no representatJv~ present raising any question, the Mayo instructed the City Clerk to proceed with the opening Of the bids. The City Clerk opened and read the following bids: D ~ $ Construction Company, $104,595. O0; and Glmbert ~ Gimbert,.]ncorporated, $99,340.00. On motion of Mr. Sheeler. seconded by Mr. Young and unanimously adopted, the bids were referred to a committee composed Of Messrs. Denton O. Dillard, Chairman. Robert A. Garland and H. Cletus Droyles for tabulation and report to Council. the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. SE~ERS AND SYORM DRAINS: Pursuant to notice of advertisement for bids on drillin9 drainage wells at various locations in the William,on Road area. said proposals to be received by the City Clerk until 5:00 p.m., Monday, January 21. 1963. and to be opened at 7:30 p.m., before Council, Mayor StoIler asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege Of bidding, or if there were any questions about the advertisement anyone would like to ash, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the following bids: Sydnor Pump and Sell Company, Incorporated, $29,080.00; G. C. [Imberlin ~ Son, $29,9DO. OO; and Fran~ S. Martin Drilling Company. $28.59U.00. On motion of Mr. Wheeler. secondedby Mr. Young and unanimously adopted. the bids were referred to a committee composed of Mas*rs. Benton O. Dillard. Chairman, Robert A. Garland and D. Cletus Broyles for tabulation and report to Council. the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. 169 1'70 5ERERS AND STORM DRAIN5~ Pursuant to notice of advertisement for bids on the eons,ruction of un 8-Inch sonltary sewer to serve n portion of Bnzelridge Road end n portion of Oaklaun Avenue, H, N** said proposals to be received by the City· Clerk until 5:00 p,m** Monday,' January 21,' 1963, and to be opened nt 7:30 before Council, Mayor 5toller asked if there was anyone present who did not fully understand the advertisement, if there mas anyone present mbo had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like to ask, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the follomlng bids: Draper Construction Company, $26,142.50; and Budgins and Pace. $37,232.50. On motion of Mr. Wheeler. seconded by Mr. Young and unanimously adopted, the bids were referred to a committee composed of Messrs. Benton O. Dillard, Chairman, Robert A. Garland and H. Cie,us Broyles for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. pETITIONS AND COMMUNICATIONS: ClTY EMPLOYEES-CITY GOVERNMENT: Mr. $. Albert Trumpeter having appeared before Council at its meeting on December 10, 1962, in favor of a policy that 1963 retirements, resignations and other personnel vacancies in the city be left vacant unless urgently needed and requested by the City Manager and approved by he has observed, and Mr. Trumpeter having agreed to put his remarks and Suggestions for a more efficient government into writing and turn them over to the City Manager for distribution to the members of Council, afl H-page communication from Mr. Trumpeter, making suggestions as to how various departments of the city Can be operated more efficiently, was before Council. In this connection. Mr. Trumpeter appeared before Council. pointing OUt that his communication was turned over to the City Manager under date of January 1963, and so far he has not observed any of his suggestions being put into effectt Rr. Trumpeter expressin9 the opinion that it is up to Council to give the City Manager orders to carry oat the things it wants done. Mayor Stoller thanked Mr. Trumpeter for the suggestions and adivsed him they wogld he given due consideration. With further reference to the matter, Mr. Jones moved that the verbal suggestion of Er. Trumpeter that the portion of the Washington Park dump overlookin, the tennis courts be terraced and sodded immediately be referred to the committee composed of Messrs. Vincent S. Wheeler, Chairman, Roy Ro Pollard, Sr., and Benton O. Dillard which was appointed to work with the City Manager in an effort to close the Washington Park dump by June 1, 1963. The motion mas seconded by Mr. Garland and unanimously adopted. BUDGET-AUDITORIUM: A communication from Councilman Walter L. Young, transmitting copy of a communication from Mr. K. R. Hyde, Associate Manager of Bote Roonohe, reqnesting the city to contribute $900, representing one-half of the cost of renting the Americao Theatre for three days fo connection mith the Hiss Virginia Pagennt, mas before Council, In this connection. Mr, Hyde appeared before Council. pointing out that the Miss Virginia Pageant has been held in Roanoke for the past ten years and bas attracted on out-of-soma attendance of from 250 to 300 people annually who spend approximately $25,000 in Roanohe, Mr, Hyde stating that other cities are very anxiou to bare this pageant held in their cities end that he is afraid if Roanoke does not give the Hiss Virginia Pageant sponsors some help in paying for the rental of the American Theatre Anditorlum the city will lose this business. Mrs. Robert C, Price. Chairman of the Miss Virginia Pageant Committee of the Valley Junior Momanes Club, sponsors of the Pageant, also appeared before Council, advising that the club, because of more ambitious plans for the Pageant, earned a profit of only $500 [rom the Pageant last year [or use toward its charitable program, and that because of the hard mark involved she is not sure that the members Of the club can he persuaded to sponsor the Pageant in the future with such returns. After a further discussion Of the matter, Hr. Jones raising the question as to mhether or not downtown organizations participate in the cost Of the Pageant and Mr~ Hyde assuring him that they do, Mr. Mheeler moved that Council concur in the request and offered the following emergency Ordinance appropriating $900: (~15085) AN ORDINANCE to amend and reordain Section ~1, "Council,* of the 1963 Appropriation Ordinance, and providing for au emergency, (For full text of Ordinance, see Ordinance Book No. 26, page 111,) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr, Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Wheeler, Yuan9 and Mayor Stoller .......................... NAYS: Nene ...................Do (Mr. Pollard absent) ZONING: A communication from Mr. Richard To Edwards, Attorney, represent- ing Mrs. Kathryn L. 5tokes, requesting that property located on the northwest corner of Brandon Avenue and Warrington Road, So N., described as Lots l-b, inclusive, Block 1, McRae Map, and designated as Official Tax Nos. 1241108-1241112, inclusive, be rezoned from General Residence District to Special Residence District, was before Council. On motion of Mr. Wheeler, seconded by Mr, Young and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. REPORTS OF OFFICERS: LIRRARIES: ~he, City Manager submitted a written report, recommending that the Roanoke Public Library Hoard he anthorized to apply to the Virginia 5tote Librar 171 1~72 for the allotment of $2,000 from its State or Federal aid allocation for 1962-63 rot the purpose of providing felloashlp aid to Hr, Richard F, Lancaster nh. has agreed to aork in the Roanoke Public Library for a tUG-year period immediately foil.ming the receip? of his degree. After a discussion Of the matter, #r, Dillard protesting that he does not thinh the city is financially able to give fellowships at the expense of the Caxpayers, and it being pointed out that the $20000 has already been appropriated in the 1963 budget and will be reimbursed by the state, Hr. Garland offered the following Resolution: (#15086) A RESOLUTION authorizing the Chairman of the Library Board to nuke application to the State Library for the allocation of $2.000.00 from its Statl or Federal aid allocation for the 1962-63 fiscal year for the purpose of providing fellowship aid for Richard F. Lancaster. (For full text of Resolution. see Resolution Book No. 26, page 112,) Hr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Ressrs. Garland. Wheeler, Young and Rayor Stoller ................4. NAYS: Bessrs. Dillard and Jones ........................................ (Mr. Pollard absent) TRAFFIG: Gouncil having referred the question of allowing vehicles to paIk on downtown streets between the hours of I a.m. and 5 a.m. to the City Yanager for study and report, he submitted a written report, advising that at the present time this matter is be~eg studied by the Traffic Depar}ment and the Downtown Roanoke Committee. whose studies should be completed and presented to Council at an early date. Ohm,lion of Mr. Jones. seconded by Mr. Wheeler and unanimously adopted. the report was received and ~iled., STREET LIGHTS: Council having referred to the City Manager for study, report and recommendation the request Of several citizens that a street light be installed at the intersection of Wallace Avenue and Purcell Avenue, N. E., he submitted a written report, recommending that the light be installed. ir. Nheeler moved that Council concur in the recommendation Of the City Manager and offered the following Resolution: (~15087) A RESOLUTION authorizing the installation Of one 2500 lumen over'end incandescent street light at the corner of Wallace Avenue and Purcell Avenue, N. E, (For full text of Resolutiont see Resolution Book No. 26, page 112.) Mr. Wheeler moved the adoption of the Resolution. The motion Mas second~ by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Wheeler, Young'and Mayor St,lief ........................... NAYS: None ...................O. (Br. Pollard absent) TAXICABS: Council at its last regular meeting having deferred action on an Ordinance transferring n Certificate of Public Convenience and Necessity from James C. Caldwell, trading ns Caldwell Cabs, to Caldwell Cab Company, Incorporated, at the request or the City Manager, he submitted a written report, recommending that the certificate be transferred to a partnership consisting of Messrs. Herbert J. Brown, Richard H. Pennix and Clinton R. Rats*n, trading as R. P. ~ H. Cab Company. Hr. Jones moved that Council concur in the recommendation of the City manager and that the foil*ming Ordinance be placed upon its first reading: (ZlSOHH) AN ORDINANCE approving and authorizing the transfer of a certificate of public convenience and necessity from James C. Caldwell, trading as Caldwell Cabs, to B, P, ~ ~. Cab Company, ~HEREAS, James C. Caldwell, trading as Caldwell Cabs, holder of a certif- icate of public convenience and necessity for the operation of six taxicabs, heretofore issued pursuant to the provisions of Chapter 1, Title XIX, of The Code of the City of Roanoke, 1956, has requested permission to transfer his said certificate to a partnership composed of Herbert J. Brown, Richard H. Pennix and Clinton R. Natson and known as the B. P. ~ W. Cab Company, and the City Ranager, having submitted to the Council a written report of his investigation made regardin9 the character and qualifications of the members of the aforesaid partnership, recommends the transfer of the aforesaid certificate, in which recommendation this Council concurs.. TBERRFOR£, BE IT ORDAINED by the Council of the City of Roan*he that said Council. upon consideration of the aforesaid report of the City Raring*r, doth hereb authorize and approve the transfer to Herbert Jo Brown, Richard B, Pennix and Clinton R. Rats*no partners tradin9 as B. P. ~ R. Cab Company, of that certain certificate of public convenience and necessity heretofore issued to James Caldwell, trading as Caldwell Cabs, for the operation of six taxicabs in the City. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones, Nh*el*r, Young and R3yor Stoller---L ....................... NAYS: None ...................O. (Hr. Pollard absent) ZONING: Council having referred to the City Planning Commission for study report and recommendution the request of The Kroger Company that Lots l-H, inclusive Bloch 71. Melrose L3nd Company, Official Tax Nos. 2322001-2322007, inclusive, be rezoned from General Residence District to Business District, and that Lots 9-16, inclusive, Block 71, Relrose Land Company, Official Tax NOS. 2322008-2322015, inclusive, be fez*ned ~rom Special Residence District to Business District, said property being all of the land bounded by Orange Avenue. N. R., on the north, Nineteenth Street on the east, melrose Avenue on the south, and Twentieth Stree~ on the west, the City Planning Commission submitted a written report, advising that the petitioner proposes to*fact a supermarket on the premises and that the Planntn9 Commission concluded that the proposed location for a supermarket would be feasible the Commission recommending that the request be granted. 173 Mr, Wheeler moved that a public hearing on the mutter ~e bald at 2 p,u,, February la, 1963, The motion was seconded by Hr, Young end unanimously sdopted, ZONING: Council having referred to the City Planning Commission for study, report uedrecoumemdmtiou the request of Mr, Lonza L. Rush that a tract of south side of nruadon Avenue, S, W,, adjacent to the mess land located on the corporate limits, described as Official Tax No. 1620101, be rezoaed from General Residence district to Special Residence District, the City Planning Commission submitted, a uritten report, advising that the petitioner plans to construct an apartment development provi4im~ for approximately 132 housing units and that the Planning Commission is of the opinion that the proposed use ~ould be compatible residential area, the Commission recommending that the request with the surrounding be granted. NFo Wheeler moved that a public hearing on the matter be held at 2 p,m., FebrU'a~y lB, 19~3, ~he motion Mas seconded b7 Wt, Voue9 ned unanimously adapted, ZONING: Council having referred to the City. Planning Commission for study, report and recommendation the request of Hr. Harry K. Stockton, et al,, that property located on the north side of Memorial Avenue. S. Wu, ~est of Denniston Avenue, described as Lots 14 and 15, Block 5, Section 1, Virginia Heights, Official Tax Nos. 1330302 and 1330303, be rezoned from Special Residence District to ~usl~e~ bistrict, the City Planning Commission submitted the followin9 report: *January 11,.1963 Roanoke, Virginia The City P~anning'Commisslon therefore recommends to City Council S/ Werner K. 5ensbach In this connection, Hr, Stockton appeared before Council nnd submitted a verbal request that he be permitted to withdraw his request for rezonlng. Hr. Dillard moved that Council concur in the verbal request of Hr, Stockto and that the request for rezoning be withdrawn, The motion mas seconded by Hr. Garland and unanimously adopted. REPORTS OF COMMITTEES: 5ERER$ AND STORM DRAINS: Council at its last regular meeting having deferred action until its regular meeting on Jannary 20, 1963, on a report of a committee composed of Messrs. Nalter Lo Young, Chairman, Roy L. Webber, Arthur Owens and Randolph G. Whittle, recommending that the requests of the Board of $#pervisorn Of Roanoke County that the contract between the Connty Of Roanoke and the City of Roanoke, dated September 29, 1954. dealing with the treatment of domestic and commercial wastes, be amended by addin9 thereto a 132-acre tract of land in the vicinity of Virginia Route llq and D. S. Route 221 near Cave Spring; a 1300-acre tract Of land in the vicinity of Virginia Route 6B5 and U. 5. Route 11 at the southeast corporate limits of the Yawn of Salem; a 241-acre tract of land adjacent to the Dwight Hills Subdivision in the vicinity of Virginia Route 117; a lBO. Il-acre tract of land west Of Hollins College and south of Interstate Route 81; and a 123.57-acre tract of land east of U. S. Route 221 between Virginia Route 119 and Virginia Route 613, be granted, Hr. Jones stated that he has requested that the report of the committee be put back on the agenda for consideration at the present meeting. Mr. Jones then moved that Council concur in the recommendation of the committee and offered the following Resolution covering the first three tracts of land: (~15089) A RESOLUTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment Of domestic and commercial wastes, · (For full text of Resolution, see Resolution Book No. 26, page 112.) Mr. Jones moved the adoption of the Resolution. The.motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, ~heeler, Young and Mayor Stoller ........................... NAYS: None ...................O. (Mr. Pollard absent) Mr. Young offered the following Resolution covering the last two tracts of land: (u15090) A RESOLUTION amending the contract of September 28. 1954, between the City Of Roanoke and the County of Roanoke, dealing with the treatment of domestic andcommercial wastes. (For full text of Resolution, see Resolution Book No, 26, page 116.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: 175 176 .AYES~ Messrs. Dillard, Garland, Jones, JheeJer, Young and Mayor 5toller ........................... 6, NAYSc None ................... Oo (Mr, Pollard absent) BUDGET-AIRPORT: Council at its last regular meeting having adopted a Resolution providing rot the appraisal or a 30-acre tract of load at Roanohe Manic)pal (Koodrum) Airport, located on the south side Of old Virginia Route ll?. east or Runway i5/33, and having directed that the matter or ascertaining the cost of the appral*nl and preparing the proper measure appropriating said amount he referred to the City Manager and the City AttoFneyo they submitted a written v~port advising that they have ascertained that a fair and reasonable amount to be paid for a competent appraisal of the land involved is $100 per appraiser, aggregating ;300 for the entire cost of appraisal, and recommending that the sum of $300 be appropriated for this purpose. Mr. Young moved that Council.concur in the recommendation of the committee and offered the following emergency Ordinance: (u15091) AN OROINANCE to a~end and reordain Section ~07, 'Maintenance of City Property,~ of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 118.) MFo Young moved the adoption of.the Ordinance. .The motion was seconded by Mr. bheeler and adopted by the following vote: AYES: Messrs. Dillard,' Garland~ Jones, Wheeler, Young and M3yor Stoller ........................... 6. NAYS: None ................... O. (Mr. Pollard absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAI~5: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: POLICE DEPARTRENY: Ordinance No. 15082, amending and reordainin9 Subsection (e), Section 11, Chapter 3, Title II, of The Code of the City of Roanoke, 1956, to provide for a forty-hour work week for employees of the Police Department, effective April 1, 1963, havingpreviously been before Council for its first readin read and laid over, was again before the body. In a discussion.of the matter, iheCity Manager advising that he intends to present a plan for placing the Police Departmenton a forty-hour work week at th next regular meeting of Council, Mr. Rheeler stated that he would like to see the plan before final adoption of the Ordinance and moved that Ordinance,No. 15082 be carried over until the next regular meeting of the body. The motion was seconded by Mayor Stoller.who relinquished the Chair and adopted, Mr. Dillard voting no. BUSSES: Council haling directed the City Attorney to prepare the proper measure transferring the franchise of Virginia Display Benches, Incorporated, for advertising benches to be placed at various bus stops and other suitableand approved locations, to Mr. A. C. Owen. he presented same; whereupon° Mr. Young offered the following Resolution: (m15092) A RESOLUTION granting unto Virginia Display Benches, Incorporate the right to assign the franchise granted Joseph W, Razlegrore by Ordinance NO, 13324. (For fall text of Resolution, see Resolution Book No, 26, page 119.) Mr. Young m, red the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following rote: AVE.S: Messrs. Garland, Jones, Nheeler, Young and Mayor St,lieF ......... 5. NAYS: Mr. Dillard ......................................................1, (Mr. Pollard absent) MOTIONS AND MISCELLANEOUS BUSINESS: CITY CHARTER: Mayor St,lieF raised the question of creating a committee composed of the Mayor, the City Attorney and the City Manager to consider changes in the City Charter arising from time to time and to make recommendations before the next session of the General Assembly. Mr. Young raised the question as to whether such a committee would make its recommendations to Council, to which the Mayor replied it would. Mr. Jones pointed Out that in the next Councilmanic election in 1964 the Mayor will be elected directly by the people rather than Council and voiced the opinion that consideration should be given to establishing the duties and responsi- bilities of the Mayor so as not to conflict with the City Manager form of government Mr. Dillard stated that he is strenuously opposed to creating a committee to recommend Charter changest particalarly from the standpoint Of having the City Attorney and the Clty Manager serve on such a committee, and voiced the opinion that Jf Council insists upon creating a committee for this purpose it should at least be composed Of Councilmen. After a further discussion of the matter, Mayor St.liar relinquished the Chair and moved that a committee to be composed of three members of Council be appointed to consider changes in the City Charter arising from time to time and to make recommendations to Council before the next session of the General Assembly. The motion was seconded by Mr, Young and adopted, Mr, Dillard voting no. Mayor Stoller resumed the Chair and appointed Messrs. James E. Jones, Chairman, Vincent S. Wheeler and Roy R. Pollard, Sr., as members of the committee. ASSESSMENT OF PROPERTY: Mayor 5toiler pointed OUt that the three new members of Council campaigned on a platform of establishing a continuing assessment of real estate and relinquished the Chair to more that the City Attorney be requestei to advise Council whether or not the body has the legal right under present provisions of the Charter of the City of Roanoke and the Code of Virginia to appoint an Assessor of Real Estate to make a continuing assesseent of real estate other than the quadrennial assessment. The motion was seconded by Mr. Young and adopted, Mr. Dillard voting no. INDUSTRIES-APPALACHIAN POWER COMPANY: Mr. Wheeler pointed out that the Appalachian Power Company has made application to the Federal Power Commission for .1.77 l~Y8 a temporary permit to construct & 2-dam hydrcullc project on New River in Grayson County and voiced the opinion that since Roanoke is the home office of the Appalachian Pouer Company he feels the city should sepport the application, MFo Wheeler moving that the matter be referred to the City Attorney for preparation of the proper measure. The motion mas seconded by Mr. Young and unanimously adopted, COUNCIL: Council having previously adopted nn Ordinance providing that Its regular meetings be held at ?~30 pom** rather than 2:00 p,m** during the month of January~ 1963, Mr,~Carland pointed out that the three night meetings held so far have been well attended by the public, that the members of Council are elected by the people and the Councilmen are responsible to the people, therefore, he feels Council should give the public every OppOrtunity tO become better acquainted mlth their City Government. Mr. Garland moving that the City Attorney be directed to prepare the proper measure providing for the continuation of night meetings. The motion mas seconded by Mr. Dillard. Mayor Stoller voiced the opinion that the public should be given every opportunity to attend Council meetings, pointing out that if interest in the night meetings dwindles Council can always 9o back to day meetings. Mr, Young stated that he feels the citizens of Roanoke should be given every opportunity to attend Council meetings, but pointed out that some of the members of Council work from eight to five during the day and begin Council meetings a little tired to start with, as a result Of ~hich he does not think Council does its best in making decisions, Mr, Jones offered a'substitute motion that the City Attorney be directed to prepare an emergency Ordinance extending the trial period of night meetings of Council for the month of February. at which time the body can decide whether or not it wishes to continue the night meetings, The substitute motion was seconded by Mayor Stoller who relinquished the Chair and adopted, Mr. Wheeler voting no. On motion of Mr, Young, seconded by Mr, Dillard and unanimously adopted, the meeting was adjourned. ATTEST: APPROVED COUNCIL. REGULAR MEETING, Monday, January 2B, 1963. The Council of the City of Roanoke met In regular meeting la the Council Chamber In the Municipal Building, Monday, January 20, 1963, at 7:30 p.m., with Mayor Stoller presiding. PRESENT: Me..rs, Dillard, Garland, Jones, Rheeler, Young and Mayor Stoller .................................... 6. ABSENT: Mr. Pollard .............1. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Mr. Randolph G. Mhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend C. Pierson, Chaplain, Veterans Administration Hospital. MINUTES: Copies of the minutes of the regular meeting held on January 14, 1963, and the regular meeting held on January 21, 1963, having been furnished each member of Council. On motion Of Mr. Wheeler, seconded by Mr. Young and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON pUBLIC MATTERS: ZONING: Council having previously set u public hearing for 7:30 p.m., January 20, 1963, on the request of Mrs. Harriet* M. Waidrop and Mrs. Carolyn B. daldrop that property located on the south side of Melrose Avenue, N. ~., betweto West Side Boulevard and Van Uuren Street, described as Lots 5 and 6, Block 26, Washington Heights, Official Tax Nos. 2?61905 and 2761906. be rezoned from Special Residence District to Business District, and the recommendation of the City Planning Commission that Lots T and 0 also be rezoned from Special Residence District to Business District, the matter was before the body. No one appearing either for or against the proposed rezoning, Mr. Wheeler moved that Council concur in the recommeudation of the City Planning Commission that the four lots in question be rezoned from Special Residence District to Business District and that the following O~diaance be placed upon its first reading: (~lSOg31 AN ORDINANCE to amend and reenact Title l¥, Chapter 4, Section l of The Code of the City of Roanoke. 1956, in relation to Zoning. WUEREAS, application has been made to the Council of the City of Roanoke to have property on the south side of Melrose Avenue, N. N., between Rest Side Boulevard and Van Buren Street, being Lots 5 and 6, Block 26, Washington Heights, Official Tax Nos. 2761905 and 2761906, respectively, rezoned from Special Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that said property and the adjoining property, Lots 7 and B, Block 56, Washington Ileights, Official Tax Nos. 2761907 and 2761900. respectively, be rezoned from Special Residence District to Business District; and 179 180 M~EREAS, notice required by Title I¥, Chapter 4o Sectloo 43, of The Code of the City of Rounohe, 1956. relating to Zoning, has been published in "The Roanohe Morld-Neus.# a newspaper published in the City of Roanoke, for the time required by said section; nod NRRREAS, the hearing as provided for in said notice mas held on the 2§th day of January, 1962, at 7:30 p.m., before the Council of the City of Roanohe, at which hearing all parties in interest and citizens were given an Opportunity to be heard both for and against the proposed rezoniog; and WB£R£AS. this Council. after considering the evidence presented, is of the opinion that the hereinafter described land should be reaoned. TBEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke 1956, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located on the south side of Melrose Avenue, N. M., between West Side Boulevard and Van Boron Street, described as Lots 5, 6, 7 and 6, Block 26, Washington Heights, designated on Sheet 2?6 of the Zoning Map as Official Tax Nos. 2761905, 2761906, 2761907 and 2761908, be, and is hereby changed from Special Residence District to Business District and the Zoning Map shall be changed io this respect. The motion ~as seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Wheeler, Young and Mayor Stoller ............................ 6. NAYS: None ................... O. (Mr. Pollard absent) ZONING: Council having previously set a public hearing for 7:30 p.m., January 20, 1963, on the request of Expert Publications, Incorporated, that property located on the ~est side of Thirteenth Street, S. M., 25 feet south of Chapman Avenue, described as part of Lot 1, Block 16, ~est End and Riverview, Official Tax No. 1220209, be rezoned from Special Residence District to Business District, the In this connection, Mr. Robert S. Guerrant, Attorney, representing the petit.inner, appeared before Council and presented statements from Messrs. H. A. Prillaman, John H. ~ence, Jr., and Morton C. Rosenberg, owners of properties in the block designated as Official Tax Nos. 1220211 and 1220217, advising they have no objection to the proposed rezoaing; iff fact, they bare no obSection to rezoning all of the properties on the west side of Thirteenth Street, S. ~-, between Chapman Avenue and Campbell Avenue, from Special Residence District to DusJness District, Mr. Guerrant statin9 that Mrs. Arthur J. Rutherford, o~fler of property designated as Official Tax No. 1220210, has verbally indicated that she has no objection to the rezoning of the entire block. After a discussion of the matter, Mr. Guerrant urglng that the property of his client be rezoned as requested and that the entire block be rezoned to avoid Wspot zoning#, Mr. Jones moved that the matter be referred back to the City Planning Commission for further study, report end recommendation as to'the rezoning of the entire bloch. The motion nas seconded by Mr. Dillard and unanimously adopted, ZONING: Council having previously set a public hearing for ?:30 January 28, 1963, on the request of Messrs. Lonza L. Rush end John M. McCoy that property located on the north side of Drandon Avenue, S.M., east of Edgewo~dStreet, described us Acreage, Lee-Hy Gardens, Official Tax No. 161020S, be rezoned from General Residence District to Special Residence District, the matter was before the body. In this connection, Hr. Leonard G. Muse, Attorney. representing the )etitioners,~appeared before Council and outlined plans for the apartment housing ~roJect proposed to be built on this site if it is rezonedl Mr. Ruse adrising that the estimated cost of the project is $1,000,000 and that the apartments have been designed with more mature couples in mind rather than young couples with children attending school. Mr. Herbert S. Kurshan appeared before Council and presented a statement signed by fourteen residents of the surrounding area, advising that if the rezoning of the property in question will serve as a buffer between the existing business area to the west and the residential area to the east on Brandon Avenue, they are not Opposed to the proposed rezoning, however, they are still OppOSed to the rezoning of adjacent properties for business purposes. Mr. J. Russell Stamper, 2757 Derwent Orive, S. #., stated that his propert will be the most affected by the proposed project and raised the question as to ~hether or not the rezoning can be restricted to an apartment complex so that there will be no possibility of a cheap housing project being erected on the property in question, Mr. Stamper raising other questions with regard to the process of con- structing the apartment project. M;. Ruse assured Mr. Stamper that the owners plan to erect a $1,000,000 project on the property and that they will work with him on problems arising in connection with the construction of the apartments~ Mr. Stanley C. Meinberg, other Of property at Edgemood Street and Brandon Avenue, S. N., stated that he does not want any restrictions placed on his property if and when it iS rezoned. Everyone present having been given an opportunity to be heard, Mr. Jones norad that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading; (e15094) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section of The Code of the City of Roanoke,' 1956, in relation to Zonin9- MHEREAS, application has been made to the Conncil' of the City of Roanoke have the following described'parcel of re~l estate to wit: BEGINNING at a point on the North side of Brandon Avenue, S. at the southwest corner of Lot 15 and the Original south corner of Lot 16, Block S, Map of Lee-Hy Gardens, recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia in 181 182 Deed Rook 712, page 166; the&ce with the North side o! Rrandon Avenue, S. ~. (80 ft. mlde) S. R2 dens. 39' ~. 164.8 ft. to a point; thence S. 85 degs. 30' ~. 126.0 rt, to u point; thence s. 69 dens. 36* ~. 128.0 ft. to a concrete highway monument; thence S. 06 dens. 26' ~. 255.5 ft. to southeast corner of the Stanley C. Ueiuberg and wife property; said point being the southeast corner of · triangular roadway right of may easement to be hereinafter mentioned; tbence with the east line of the ~einberg property N. 14 dens. S4* E. 497.1 ft. to a point; thence with the south line - of Lot 1, Rlock'II, Section No. 2 Lee-Hy Gardens, N. 09 dens. 04* E. 283.91 ft. to a point; thence with the west line of Lot 19, Rlock 5, Lee-by Gardens, S. 8 dens. 49* £. 126.64 ft. to a point; thence with the southwest line of Lot 18, Rlock $, Lee-HI Gardens, S. 28 dens. 00' E. 126.64 ft. to a point; thence with the southwest line of Lots 17 and 16. Pinch 5, Lee-RI Gardens 5. 30 dens. 27' E. 296.0. ft to the place of REGINNING, containing 5.11 acres, more OF less. being designated on the zoning maps of the City of Roanoke as Official Tax No. 16102DS. resound from General Residence District to Special Residence District; and · BEREAS, the City Plaflflicg Commission bas taco.mended that the hereJuafte described land be rezoned from General Residence District to Special Residence Oistri, and ~REREAS, notice required by Title XV, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning. has been published in "The Roanoke ~orld-Ne~s," a newspaper published in the City of Roanoke, for the time required by said section; and ~HEREAS, the hearing as provided for Iff said notice Nas held on the day of January, 1963, at 7:30 p.m., before the Council of the City of Roanoke, at ~hich hearing all parties in interest and citizens ~ere given an opportunity to be heard both for and against the proposed rezoning; and WDEREAS, 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 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 northerly side of Drandon Avenue, So W., describe/ BEGINNING at a point on the North side of Brandon Avenue, S. at the southwest corner of Lot 15 and the original south corner of Lot 16, Block 5, Rap of Lee-Hy Gardens, recorded in the Clerk's Office of the Bustings Court for the City of Roanoke, Virginia in Deed Book 712, page 166; thence with the North side of Brandon Avenne, S. ~. (nO ft. wide) S. 02 degs. 39' ~. 164.R ft. to a point; thence S. D5 degs, 30' W. 126.R ft. to a point; thence S. Og degs. 36' ~. 12D.O ft. to a concrete highway monument; thence S. 66 degs. 26' W. 255.5 ft. to southeast corner of the Stanley C. ~einberg and wife property; said point being the southeast corner of a triangular roadway right of way easement to be hereinafter mentioned; thence with the east line of the ~einberg property N. 14 degs. 54* Eo 497.1 ft. to a point; thence with the south line of Lot 1, Block 11, Section No. 2 Lee-By Gardens, No B9 degs. 04* E. 2~3.91 ft. to a point; thence with the west line of Lot 19, Block 5. Lee-Ry Gardens, S. R degs. 49' E. 126.64 ft. to a point; thence with the southwest line of Lot 18, Block 5, Lee-Hy Gardens, S. 2B degs. 00' E. 126.64 ft. to a point; thence with the southwest line of Lots 17 nnd IG, Block 5, Lee-Hy Gardens S. 38 degs. 27' E. 296.0 ft. to the place of BEGINNING, containing 5.11 acres, more or less. designated on Sheet 161 of the Zoning Rap as Official Tax No, 1610205, be, and is hereby, changed from General Residence District to Special Residence District and the Zoning ~ap shall be changed in this respect. The motioo was seconded by Mr. Dillard god adoptedby the following vote: AYES: Messrs. Dillard, Garland, Jones, Wheeler, Young and Mayor Stoller ........................... 6. NAYS: None ..............~ .... Oo (Mr. Pollard absent) FIRE DEPARTMENT: A large delegation of'firemen, members of the Roanoke Fire Fighters Association, Local.Il32, International Association of Fire Fighters, appeared before Council, mith Mr. M. M. Mattox, President, acting as spokesman, and requested two additional days off per month, resulting ia a sixty-two hour work week, Mr. Mattox pointing out that the~employees of the Fire Department hare two days off per month at the present time, with a work week of approximately seyeoty-three hours, and presenting plans for three days off per month, resulting in a work week of over sixty-seven hoars, which will reqaire t~elre ~dditfoflal men, and'the pro- posed font days off per month, which will require twenty-four additional men, Mr. Mattox citing hours worked by firemen in other cities comparable Iff size to Roanoke. In a discussion of the question, Mayor Stoller pointed out that no funds have been provided in the 1963 budget for additional firemen and that he feels this is n matter to be studied by the Budget Commission for recommendation in its conside~; ation of the 1964 budget. In reply to n question from Mr. Garland as to mhy this matter was not presented to Council prior to the adoption of the 1953 budget, Mr. Mattox pointed out that Couocil is considering placing the Police Department on a forty-hour work week wh~ b means that the Fire Department will be the only municipal department not on a forty-hour work week, therefore, the Fire Department feels it is being slighted After a further discussion Of the matter, Mr. Dillard stated that he is opposed to deferring the question for deliberation by the Budget Commission for 183 ~:84 Tae Cit~Atlorae~ replied lhel It would be preferable to change the meeting hour by Ordl·euce,~but th·t.Sectlo· 10 Of the City C~uctor provides that Council shell meet at such times es say be prescribed b~ Ordinance or Be=olutJon, and since the changing of the meeting hour of Council is · temporer, emeodmeel to the City Code he feels a R~solution will suffice. After a further discussion of the matter. Nr. ~ouug expressing the belief tkat ual of the actions of Councildu~ing the mouth of February will be subject lo question as to legalit~o and the Clt7 Attorney assuring Council that he ca· success- full7 defend any questions of legality if the7 are raised, #r. Garland offered the following Resolution: (zlSOg$) A RESOLUTION temporarily suspending Rule 1. *Regular meetings' of Sec. 2. *Rules of procedure* of Chapter 4. 'The. Council* of Title II. 'Adminis- tration' of The Code of the City of Roanoke, 19§6. (For full text of Resolution, see Resolution Book No. 2b, page 121.) Mr. Garland moved the adoption of the Resolution. The motion was seconde~ by Mr. Jones and adopted by the following vote, Messrs. Wheeler and Young stating that they are not opposed to extending the trial period of night meetings of Council through the month of February, but that they feel it should be done by Ordinance: AYES: bessrs. Dillard, ~arland, Jones and Wayor Stoller ............4. NAYS: Messrs. Wheeler and Young ....................................2. (~r. Pollard absent) At this point, Mayor Stoller left the ~eetlng and Vice Mayor Garland assumed the Chair. GARBAGE REMOVAL: Council having fixed the tantalize date for closing the ~ashington Park dump as June 1, 1963. a large delegation of members o~ the Roanok~ Council Parent-Teacher Association appeared before the body, with Mr. A. Byron Smith, President. actin9 as spokesman, expressing appreciation for the action taken by Council and urgin9 that June 1st be made the actual closin9 date. Mr. Smith read a prepared statement referring to newspaper accounts of poor maintenance and operation of the incinerator and urged that Council ascertain whether or not periodic inspection and maintenance of all city facilities and prop- erties is carried out. Mr. Mheeler moved that the statement be filed and that the Roanoke Council Parent-Teacher Association be thanked for lts~interest..The motion was seconded by Rt. Jones and unanimously adopted. PETITIONS AND COMRBNICATIONS: ZONING: A communication fros Mr. H. A. Prillaman and Mr. John H. Pence, Jr., requesting that property located on the northwest corner of Campbell Ave·ua and Thirteenth Street, S. M., described as Lots 9, lO and 11o Block 1~, ~est End and Rivervies, Official Tax No, 1220217, be rezoned from Special Residence District to Business District, was be£ore Council. De lotion Of Mr. ~ones, seconded by Mr. Mheeler end unnmilous~y adopted. the request fQr rezoniag mas referred to the City Planning Commission for stody. report end recommendation to Council. REPORTS OP OFFICERS: STREET LIGHTS: The City #anager submitted a written report, recommending that a street light be installed on Harford Circle. N. ~.. at a point near where there exists o public utility easement, · Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (m1S096) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light on Harford Circle. H. W.. near where there exists u public utility easement, (For full text of Resolution. see Resolution Book No. 26, page 121.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by MPg Jones and adopted by the following vote: AVES: Messrs. Dillard, Jones. Wheeler. Young and Vice Mayor Garland ..... NAYS: None ..............................................................O. (MPg Pollard and Mayor Stol]er absent) BUDGET-DEPARTWENT OP PUBLIC MOXKS: The City ganager submitted a ~ritten report, together with the following communication from the Director of Public Works requesting shat various amounts be transferred to Operating Supplies and Materials in certain accounts to provide for the purchase of tools and shop supplies, the City Manager recomnendlng that the transfers be 'made: "INTERDEPARTMEN~ COMMUNICATION DATE: January 22, 1963 TO: Mr. Arthur S. Owens, CityMauager · FROM:H. Cletus Broyles, Director of Public Works In setting upthe lq63 Budget underthe new Code Classification, we find that inadvertently Code 39 was omitted and included under othercode classifications. Therefore, for the orderly and efficient operation of the Public Works Department, it is requested that the following amounts be transferred as indicated below: Street Repair.- Account §1 · · Under Code No. 40 (Materials - Building and Property) $65,000 was appropriated - Transfer $2;500 to Code 39 (Operating Supplies and Materials - Tools gad Shop Supplies) Sewer Maintenance - Account 94 Under Code'No. 40 (Materials - Building and Property) $0,O00 was appropriated - Transfer $700 to Code 39 (Operating SupplJ~ and Materials - ToOls and Shop Supplies) Street Construction - Account ldo · Under Code No. 43 (Supplies and Materials ~ Construction) $3?,500was appropriated - Transfer $~00 to Code 39 (Operating Supplies and Materials - Tools and Shop ~upplies) Sewer ~nd Drain Construction - AcCount 141 Under Code NO. 43 (Supplies and Materials ~ Construction) $16,000 was appropriated - Transfer $400 to Code 3g (Operating Supplies and Materials - Tools and Shop Supplies) S! H, Cletu$ Bro¥1es Director of Public Works" 185 186 Mr, Wheeler moved that Council concur in.the recommendation of the City Manager and offered.the following emergency Ordinance: (n15097) AN O~DINANCE to amend and reordain certain sections of the 1963 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 26, page 122.) Hr. #heeler moved the ~doption of the Ordinance. The motion was seconded ~y Mr. Jones and adopted by the folloming vote: AVES: Messrs. Dillard, Jones, Wheeler, Young and Vice Mayor Garland .... 5 NAYS: None ...................................~ ......................... 0 [Mr. Pollard and Mayor Stolier absent) STREETS A~ A~LEYS: .Council at its regular meeting on. November 12, 1962, baying received a verbal recommendation of the City Manager that offers of property ~ners to donate land for the widening of Rabry Avenue, S. E., between Yen*nor Road and Moran Street, in exchange for curb arid gutter and other considerations, be accepted, and having instructed the City Manager to obtain bids on the project, and said bids having been received at the last meeting of Council and having been referred to a c,nmi*tee for tabulation and report to the body, the City Manager submitted a written report, again recommending that the offers of the property owners be accepted and that the offer of Mr. Roy L. Dalton to donate necessary land for the ~idening of the east side of Van*nor Road also be accepted. The City Auditor advising Council that there are funds available in the budget for this project, even though the project was not included in the 1963 budget ~r. Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (;15098) AN ORDINANCE relating to the widening and improvement of a portion of Mabry Avenue, S. E., and of Van*nor Road; providing for the acquisition of cert ~ n land necessary for snch widening; and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 2b, page 122.) Mr. Dillard moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Jones, Wheeler, Young and Vice Mayor Garland---5. NAYS: None ..............................' ............................. O. (Mr. Pollard and Mayor St,liar absent) EASEMEITIS-SEWERS AND STORM DRAINS: The ~ity Manager .submitted a written report, advising that a drainage easement extending along the c~mmon division line of Lots 9 and 10, Block l&, Section 9, Fleming Oaks, is no longer necessary because the right of way for said drainage has been relocated to extegd along the common division line between Lots 10 and 11, and partly through Lot 11, and recommending that the original easement be released. Mr. Mheeler movedthat Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: :1 (elS099) AN ORDIHANCE authorizing ,and directing a release and quitclaim of the Clty*s rights to a certain drainage easement,extending along the common divi- sion line of Lots 9 and 10, Block 16, Section 9, ns shomn on the map of Fleming Oaks subdivision. MHEREAS, upon the recordation of the map of section 9 of Fleming Oaks sub- division,'recorded in the Clerk*s Office of the Hustings Court of the City of Roanok, In Map Book 1, page 147, there is dedicated and conveyed to the City a certain IR- foot wide drainage easement extending equidistant along the common division line of Lots 9 and 100 Block 16, as shomn on said map; and MREREAS, subsequently, and the location of the aforesaid drainage easement not appearing-adequate for the purpose for which it mas intended, the right Of way for said drainage was relocated to extend along the common division line between Lots 10 and Il, and partly through Lot 11, Block 16 of the aforesaid map. pursuant to a certain deed of easement made nnder date of July 24, 1962, between R. D. NJning~r. et ux., and the City of Roanoke, ~hich said deed is of record in the aforesaid Clerk's Office in Deed Hook 1122, page 114; and #HEREAS, the owners of aforesaid Lots 9 and 10. been9 the original owners of all of said subdivision, have reqnested the City to release and quitclaim its right in and to the 12-foot wide drainage easement shown on the recorded map of the subdivision as extending along the common division line between Lots 9 and IO. block 16, and the City Manager has advised the Council that the city has no foreseeable need to retain said easement. 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, seal, attest and acknomledge a proper deed of quit- claim and release drawn upon such form as is approved by the City Attorney releastn and qultclaimin~ to R, D. Hininger and Ruth M. Hininger, husband and Nile, all right title and interest of the City in and to that certain 12-foot wide drainage easement along the common division line between Lots 9 and 10, Block IG, as shown on the map of Section 9 of Fleming Oaks subdivision, of record in Map Book 1, page 147, in the Clerk*s Office Of the Hustings Court of the City of Roanoke. said deed to be made upon nominal consideration of One Dollar, cash. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard, Jones, Wheeler, Youn9 and Vice Mayor Garland .... 5. HAYS: Hone ............................................................. 0 (Mr. Pollard and Mayor Stoller absent) RADIOS-PARKS AND pLAYGROUNDS: The,City Manager submitted a written report advising that the original lease betmeen the City of Roanoke and the Times-World Corporation for a certain radio broadcasting to.er on Mill Mountain at an annual rental of YHO has expired, and recommended that he be authorized to enter into a new lease fora period of one year commencing as of January 1, 1963, and for four successive one-year terms thereafter, at an annual rental of $100. ~.87 1'88 Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the follouing emergency Ordinance: (xlSiO0) AN ORDINASCE providing for the acquisition, by lease, of a certain radio broadcasting toner owned by Times-World Corporation. on Mill Mountain, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 26. page 124.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard. Jones, Mheeler, Young andVice Mayor Garland .... NAYS: None .............................................................O, (Mr. Pollard and Mayor Stoller absent) Mr. Rheeler then offered the following emergency Ordinance appropriating $12.00 to cover the increase in the rental fee: (=15101) AN ORDINANCE to amend and reordaifl Section m63. 'Traffic Engineering and Communications** of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 125.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Br. Jones and adopted by the following vote: AYES: Messrs. Dillard, Jones, kheeler. Young and Vice Mayor Garland .... NAYS: None ...........................................................=-0. (Mr. Pollard and Mayor Stoller absent) AIRPORT: Council having previously authorized the renewal of a lease Of the Federal Government for ~eather Bureau quarters in the Administration Building at Roanoke Municipal (~eodrum) Airport for a period Of ten years beginning July 1, 1q62, at a rental of $1.00 per annum and $1,401.g6 per annum for certain services and facilities, the Clay Manager submitted a written report, advising that the ~eathe£ Bureau desires to lease one additional room effective December l. 1962, for ~hich it will pay $425.00 per annum for services and facilities, and recommended that the original lease be amended accordingly. Mr. Jones moved that Council concur in the recommendation of the City Banager and offered the following Resolution: (glSl02) A EESOLUTXON relating to the City's lease of certain space and the furnishing of certain services.and facilities at Roanoke Municipal Airport to the United States of America, Department of Commerce. Meather Bureau, pursuant to Ordinance No. 1§000. (For full text of Resolution, see Resolution Book No. 26, page 126.) Mr. Jones moved the adoption.of the Resolution. The motion was seconded by Mr. bheeler and adopted by the following vote: AVES: Messrs. Dillard, Jones, ~heeleR. Young and Vice Mayor Garland NAYS: None ............................................................. (Mr. Pollard and Mayor Stoller absent) AIRPORTt .The City Manager submitted a written report, suggesting that Resolutions. be adopted expressing appreciation to the Federal Aviation Agency and to Senator Harry Fo Byrd, Senator A. Willis Robertson and Congressman Richard B. Puff in connection with the Installation of radar facilities at Roanoke Municipal (Moodrn! Airport. Mr. Jones moved that Council concur la the report of the City Manager and of[ered tho following Resolution expressing appreclatioo to the Federal Aviation Agency: (nlSl03) A RESOLUTION expressing this Council*s appreciatioo to the Federal Aviation Agency for installing an Airport Surveillance Radar Facility - ASR-: at Roanoke Municipal (Moodrum) Airport. (For full text of Resolution, see Resolution Hook No. 25, page 127.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: Messrs. Olllnrd, Jones, Wheeler, Young and Vice Mayor Garland ..... NAYS: None ..............................................................O. (Mr. Pollard and Mayor Stoller absent) Mr. Young then offered the following Resolution expressing appreciation to the three representatives in the United States Congress: (~15104) A RESOLUTION expressing this Council's appreciation to the Honorable Harry F. Byrd. the Honorable A. Willis Robertson and the Bonorable Richard H. Puff for their assistance in obtaining an Airport Surveillance Radar Facility - ASR-3 from the Federal government for the CitF of Roanohe. (For full text of Resolution, see Resolution Book No. 26, page 128.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Jones, Wheeler, Young and Vice Mayor Garland ....5. NAYS: None ...............~ ............................................. O. (Mr. Pollard and Mayor Stoller absent) AIRPORT: The City Manager submitted a written report, together with the following communication from the Director of Public Works, recommending that a contract be awarded to J. M. Turner and CompanF in the amount of $18,40b for the construction of storm drain lines across Interstate 501 in connection ~ith drainage from Roanoke Municipal (Woodrum) Airport because of the extension of Runway 15/33: "INTERDEPARTMENT COMMUNICATION DATE: January 23, 1963 TO: Mr. Arthur S. O~eos. City Manager FROM: II. Cletus Broyles, Director of Public Works Ia connection with drainage from the airport relative to the project for the extension of Runway and Taxiway 15-33, it will be necessary to cross Interstate SOl with a storm drain approximately 1200 feet north of Hershberger Road. This matter has been taken up with highway officials, and ~e are told by the Highway Department that a 54" and a 36" storm drain will be required. Attached are letters dated December 14, 1962 and January 17, 1963, from Mr. C. Y. Eellam, District Engineer, Department of Highways pertaining to this matter. 189 190 · As you know, thissection of Interstate SOl Is under contract to J. W. Turner and Company, and they ute proceeding rapidly on this nork.t' It is urgent that the storm drain crossing be made in the very near future la order to arQid further oompllcatlons and expense. Attached hereto is a copy or a proposal from J. M. Turner and Company in the amount of $10,406.00 to accomplish the required storm drain work based on his unit prices set up with the State, plus additional items not covered in this bid. The price quoted by the Turner Coepsny seems to be in order. This matter has been discussed mith F. A. A. Officials In an effort to obtain immediate Federal Participation. A request was made on January 3, 1963, to F. A. A. to amend the Grant Agree- ment on Project 9-44-O12-12 so that the scope Of the work mill include the drainage across Interstate 581. A copy of this letter is attached. There are unexpended fnnds In Project 12 sufficient to cover this work. The F. A. A. District Office in Washington is making every effort to obtain quick approval on this matter. It is recommended that City Council be requested .to take the following action: 1. Amard a contract to J. M. Turner and Company in the amount of $10,406o00 for the construction of storm drain lines across Interstate S§l in accord- ance with the permit and speciifications of the Department of Highways, with or without approval of F. A. A, 2. Make an official request of F. A. A. to amend the scope of the Grant Agreement of Project 9-44-O12-12 to include storm drain crossing of Interstate 581 and authorize proper City Officials to execute same if and ~hen approved by F. A. A. 3. Authorize acquisition of storm drain right of way 40* x 105" from Mrs. Mary A. Plunkett, located on the west side of Interstate 501 and extending west- erly to Lick Creek. 4. Appropriate $18,g06.00 to cover the J. M. Turner and Company contract and the 40t x IDS* storm drain right of way. S! IIt Cletus Broyles Director of Public Works# The City Auditor advising that there are sufficient city funds for Project 9-44-012-12 to cover this project even if the Federal Aviation Agency does not agree to participate in the cost of same, Mr. ~heeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (o15105) AN ORDINANCE accepting the proposal of J. M. Turner and Company Incorporated, to construct a 54-inch and a 36-inch storm drain, for the City, under Interstate Route 581, approximately 1200 feet north of Dershberger Road. to serve Roanoke Municipal (Woodrun) Airport; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 128.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Jones, Wheeler, Young and Vice Mayor Garland---5. NAYS: None ............................................................O. (Mr. Pollard and Mayor Stoller absent) WATER DEPARTMENT: Council having referred the complaint of Mr. Richard ~ Anderson, 260g Mart Street, N. W., with regard to red water, to the City Manager for study and report, he submitted a written report, advising that Mr. Anderson uses at [! present an unlined galvanized tank which is obviously causing the discolored water it his house and that when he installs a glass-lined tank which he purchased the problem probably will be corrected. Oa motion of Mr. RheeleF. seconded by Mr. Young and unanimously adopted, the report was filed. FIRE DEPARTMENT: Council ba~iug referred the request of the Garden City Civic League for a new fire ~tation and a coupany of full-time firemen in the Garden City area to thc City Manager with the request that he make a survey of existing fir~ stations in the City of Roannke with a vie~ of ascertaining whether OF not a swill- time company for a fire station in the Garden City area, or if one or more of the existing fire stations can be placed on a stand-by basis to serve the Garden City area. and to submit his report to the body, the City Manager presented the followin9~ report: *Roanoke, Virginia January lB, 1963 To the City Council Roanoke, Virginia Members of Council: On January 9, 1963, you forwarded to me the folloaing directive: *At the regular meeting of-the Council of the City of Roanoke on Monday, January ?, 1963, the request of the Garden City Civic League for a new fire station and a company of full-time firemen *On motion, duly seconded and unanimously adopted, you were requested to make a survey of existing fire stations in the City number of men could be transferred from existing stations to create a full-time company for a fire station in the Garden City area, or if one or more of the existing fire stations can be placed on a standby basis to serve the Garden City area, arid to submit your report to Council.' I am attaching the following report from Mr. S. ~. Vaughan. Chief of the Fire Department, which I think you ~ill find of interest, as it is with reference to closng an existing fire station and spreading the already thin personnel: *January 15, 1963 Mr. A. S. Owens City Manager Roanoke, Virginia Dear Mr. Owens: In reply to your request regardin9 the status of fire protection in the old Southwest sectinn of Roanoke, namely No. 4 Engine Co., 323 Highland Avenue., S. N., I am sure you can visualize the area, occupancy, and the type of property this fire station serves, and that you will agree it is imperative the City keep and maintain a fire station in this vicinity. This station gives protection to a combination of businesses, industrial warehouses, institutions and residential occupancies. It is one of those first alarm engine companies responding to the high ralue or downtown area. To relocate this company ~ould surely mean lowered protection for this section. I cannot recommend relocating this station. The company distribution in the older sections of the City is good. Some built up business and residential districts in outlying areas are from 1 1/2 to 3 3/4 miles from the nearest engine companies and up to 4 1/2 miles from a ladder company. This is more than double the mileage recommended by the National Board of Fire Underwriters. 191 192 . Yhe Fire Departwent has eot expanded eitk the growth of the City, and has been for same tlm~ serioislY undermnaned. DmO to illness, vaca- tions, end extra days off, residential engine companies are manned mith only three wen, and downtown companies with only roar men the majority of the time, This ia operating with tuo wen .less than is recommended. l~nnot recommend diverting any of our present manpower on a full time basis for manning another station. Math reference to the proposed Garden City - Rlverdale fire station, tbJs mill reqnJre meowing math a total of eight Ben to assore service comparable to the other residential companies. I recommended this in the Fire Deportment ~udget for 1963. If a fire station is built in the Garden City - Riverdale vicinity, may I suggest the City onned site at Riverland Road and Rennington Street he considered. This is closer to the Industrial area in the former American Viscose property, and provides access to arterial streets in several directions. I consider it preferable to the City o~ned property at Garden City Blvd. and Danforth Street. Sincerely yours, S/ S. M. Yaughan S. W. Vaughan Chief of Fire Department' I am also presenting to you a schedule of men on duty and their time off for four selected months during the year. Observation will show that it is impossible to create a full-time company to man a fire station in the Garden City area with the existing personnel by either closing a sro*ion, or spreading our sparse complement of men any further. If a station is constructed in Garden City, we will need eight additional Respectfully submitted, S/ Arthur S. Owens City Manager* 1954 budget study. The motion ~as seconded by Mr. Wheeler. 1964 budget study. Yhe estimated cost of the fire station ns of June, 1952, having been $41,280, Hr. Dillard offered o substitute motion that a committee to be composed of three members of Council be appointed to confer with Mr. Alba E. Simmons, Architect, The Chair appointed Messrs. Denton O. Dillard, Chairman, James E. Jones POLICE DEPARTMENT-FIRE DEPARTMENT: Councilhaving referred the question o a forty-hour work week for the'Police Department to the City Wanager for a study wit the Snperintendent of Police and Chief of the Fire Department with a view of ascer- taining ~hether or not a forty-hour ~ork week can be accomplished in the Police Depa additional personnel, the City Manager submitted a written report, pointing out that Council has pending on its second rending an Ordinance establishing o forty-hour wot1 ~eek in the Police Department and advising that ~ith the adoption of this Ordinance it will require twelve additional men to give another day off for the Fire Depart- Mr. Dillard stated that this is a matter of policy of Council and moved that the qnestlou be taken under advisement for study and consideration. The notion was seconded by Mr. Mheeler and unanimously adopted, GARBAGE REMOVAL-PARKS AND PLAYGROUNDS: Council at its meeting on September 10. 1962, having requested the City Manager to report on the current status of the Washington Park dump,.mhat action is being taken to keep it in a sanitary condition, an estimate as to when it might be closed in an orderly manner, and uhat recommenda- tions he might have to make not only about this situation, but the entire method of garbage disposal, and at Its meeting on December 10. 1962, having directed the City Manager to hare a survey made of needed repairs to the city incinerator, make o study of the present method of disposing of garbage with n view of chain-ganging trucks, and give consideration to compostin9 garbage instead Of building a new incinerator, the City Manager submitted a six-page written report, advising that certainly to solve the problem will not be easy, Or inexpensive, and giving a pr.rrna report on the studies made of the questions referred to him. the City Manager making the following recommendations: i, The firm of Hayes, Seay, Mattern and Mattern be engaged to make a study of the incinerator for a sum of $1250 to accom- plish the following: A. A study of the existing incinerator. D. The approximate cost for enlarging and modernizing the incinerator to neet the area needs to 1990. C. The cost, location and feasibility of the construc- tion of one or more ne~ incinerators. D.Suggest methods of financing any necessary expenditures and time element. E. A report to be completed and presented with adequate recommendations within gO days. 2. I would further recommend thatauthority be granted to use the former sewage disposal plant at Courtland Road and Carver Avenue for a central point for refuse trucks to assemble and disperse. Appearing before Council and urging that the study of the incinerator not interfere with the closing of the Rashington Park dump by June 1, 1963, were Mr. A. Byron Smith, Mr. D. N. Ragsdale and Dr. M. E. Johnson, Appearing before Council and urging that the body not consider dumping garbage at the thirty-acre tract of land the city has purchased in the East Gate section was Mr. James H. Laue. After a discussion of the matter, Mr. Young stating that' with all due respect to the firm of Hayes, Sony, Mattern and Mattern the original architect for the incinerator was the firm of Embank and Caldwell and that he feels any study of the incinerator should be made by the architects who drew up the plans therefor. Mr. Jones moved that the recommendations of the City Manager be referred to the committee composed of Messrs. Vincent S. Mheeler. Chairman, Roy R. Pollard, Sr., and Denton O. Dillard appointed to work with the City Manager in an effort to close the Washington Park dump by June 1, 1963. for study, report and recommendation to Council at the earliest possible date. The motion was seconded by Mr. Young and unanimously adopted. 193 i94 ASSESSMENT OF pMOPRMTy~ Council having requested the City Attorney to · dvise it us to whether or eot the body bus the leg·l right under present provisions of the Ch·reef of the City of RoanOke and the Code of Virginl· to .appoint aa Assesso~ of Real Estate to mahe · continuing assessment of real estate other than the quad- rennial assessment, the City Attorney submitted the following report: 'January 23, 1963 The Honorable the'Council of the City of Roanoke At your regular meeting of Janu·ry 21', 1963. I was requested to adrlse Council xhether or not it bad the leg·l right, under existing State law, to provide for the annual ·ssessment of real estate for taxation. The Council of the City of Roanoke has no such authority. On March 14o 1944, the General Assembly of VirginS· enacted an Act (Chapter 211) that authorized "the council or other govern- ing body of any city having · population of not less than sixty= last preceding United States census, to provide for the annual lieu of the method now (then) prescribed by law.w The 1940 United States census showed the City*s population to be 69,207. The aforesaid Chapter 211 of the Acts of Assembly of 1944, as amended, was repealed on April 4, 1952. See Chapter 635, on page 1093, of the Acts of Assembly of 1952. Accordingly, from March 14, 1944, until the repeal of said Chapter 211, the Council of the City of Roanoke had authority to provide for the annual City, So much then for historical background. On the 13th day of February, 1956, the General Assembly enacted an Act, Chapter 32 of the Acts of Assembly Of that year, providing, inter alia, "In and not more than 9~ hundred thousqnd inhabitants, according to governing body of any such city may, in lieu of the method now (then) prescribed by law, provide for the annual assessment Of real estate for taxation. *~ (Emphasis supplied) I enclose Act. Since Roanoke*s present official population is not less authority, it would only be necessary for the legislature to language. It may be of further interest to state that § 63'of the Constitution of Virginia provides, filter alia, as follo~s: and collection of taxes, *#. Accordingly, for the Council of the City of Roanoke to be granted such authority as is herein dis~ Respectfully submitted, S/ Ran G. Whittle City Attorney Enclosure IMr. Kincanon requested me to advise you that he was incorrectly quoted recently in the local press as stating, In a report to Councilman Garland, that such authority should be 9ranted by charter amendment. Re made no such statement in that report and concurs in the statement herein made that such authority must be granted by q~n~ral law. R.G.M.# Mr, Dillard moved that the report be received and filed. The motion mas seconded by Mr, Wheeler. Mr. Jones offered a substitute motion that the matter be referred to the committee composed of Messrs. Janes E. Jones, Chairman. Vincent S. Wheeler and Roy R. Pollard, Sr., appointed to consider proposed changes in the City Charter. arising from time to time, and to make recommendations to Council before the next session Of the General Assembly. The motion was seconded by Mr. Mheeler and unani- mously adopted. CITY AUDITOR: The City Auditor submitted a monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencing December 1. i962, and ended December ~1. 1962. On motion of Mr. Wheeler. seconded by Hr. Jones and unanimously adopted. the report was filed. REPORTS OF CORMITTE£S: CITY GOYERNMENT: Council hating directed the City Attorney and the City Manager to furnish the body with a list of records that the city is required by law to keep and those ~hich It is not reqoired by law to keep. the committee submitted the following report: "Roanoke, Virginia January 21, 1963 The Honorable the Council of the City of Roanoke Gentlemen: At your regular meeting of November 19, 1962, you directed the undersigned to furnish Council with 3 list of records that the City is required by law to keep and those which it is not required by law to keep. It is assumed that this inquiry does not contemplate public records that are required to be kept by the local constitutional officers. Each of these officers is primarily an officer of the Commonwealth and'the public records that each is required to keep are clearly delineated by statute. They are generally kep in books, pamphlets or on forms supplied directly by the Commonwealth and substantially all are inspected or audited by officials working out of Richmond and reporting to superior State officials hating offices in that City. What has been said of the constitutional officers is substan- tially true of other departments of the City insofar as such departments perform State functions and receive and expend State funds. Included in this category are courts, the public school system and the Welfare Department. The State records required to be kept by such agencies are also'well-knoun to their respective officials and are likewise inspected or audited. The same may not be said of ordinary City departments or agencies. Insofar as we have been able to ascertain, the Charter of the City and the statutes of the State, insofar as essentially City records are involved, are concerned chiefly with ordinances. which may properly be kept by an officer in con- pars~ant t~ which many of them may periodically be lawfully l~96 Section IS'501rOf the. cu~rea~ Code of Virginia, as amended, provides, ia part: 'The governing body of any county, city or' toms Is authorized to provide for the photographiog or mic~ophotographi~g, Or the recordisg by any other process which accurately reproduces or forms a durable medium for'reProducln~ the original of oil or any. part of the papers0 recordc, documents er other material kept by Or ia'charge of aiy de* partmeat,.agency or institution of such county, city or Sec;'2o02 (il of the Ch~r~er of the City of R~chmoado inter alia, authorizes the City to dispose of the hooks, records, accounts, etc., hep* by boards, commissions or other agencies of the City government. Pursuant to that authorization, the Council of the City of'Richmond ~dopted Article VII. *Rooks, Records and Accounts* of Chapter 2. 'Administration' of that City*s Code. In order that you may know how the City of Richmond has dealt with the problem, me enclose herewith a photostat of the aforesaid ordinances or article. The City of Roanoke has no such Charte~ authorization. How- ever, it would seem that § l~T?.O Of the current Code of Virginia, as amended, gives the City requisite authority in the premises should Council be disposed to /allow generally the Richmond procedure. Trusting that this report conveys the information desired and completes our assignment, we are Respectfully, S/ Arthur S. Owens City Manager S! Ran G. Aha*tie City Attorney" Mr. Dillard moved that a committee composed Of one member of Council, the City Attorney, the City Clerk, the City Auditor and the Director of the Roanoke Public Library be appointed to study the matter and to submit its report and recm- mendation to Council. The motion was seconded by Mr. Rheeler and unanimously adopted. The Chair appointed Mr. Hen*on O. Dillard as Chairman of the committee. RASTER PLAN: Messrs. James E. Jones, Chairman, Robert A. Garland and ¥incent S. Wheeler'baying been appointed as a committee to study a long-range capita] improvement program for thecity of Roanoke and to submit its recommendations to Council at its meeting on January 2§, 1963, the committee submitted a written report, outlining progress made Iff its studl and a~tisln~ that du~ to additional suggestions that the committee feels should be considered mb/ch are nos appearing in a series of articles in The Roanoke World-News and also in consideration of the reports to be submitted by the City Manager on the Nashtngton Park dump the committee is suggesttn, that it be permitted to extend its studies fat a period of thirty days. Mr. Jones moved that Council concur in the report of the committee. The motion ~as seconded by Mr. Rheeler and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. IN~ROOUCTION AND CONSIDERATION OF ORDINANCES AND RESOLHTIONS: POLICE DEPARTRENT: Ordinance No, ISOH2, p'roriding for a forty-hour work week for employees of the Police Department, effective April 1, 1963, ha~ing prevlousl7 been before Council for its first reading, read and laid over, and the second reading of the Ordinance baying been deferred, pending receipt of a plan from the City Homager for a.forty-bour work week in the Police Department with the personnel presently provided for in the 1963 budget, the matter nas again before the body. In this connection, the City Manager presented a written report, together with the following plan submitted by the Captain of Police: *January 15, 1963 TO: Major F. II, Mebb, Saperintendeot of Police FROM: Murray O~ Cochran, Captain of Police SIR: While attending school at thq University of Maryland this summer, I talked with a number ofmen in my class from New Jersey and they work 42 hours a week and according to all the men I talked with, they are happy with their plan. I have devised a plan based on their plan, which provides n 40 lessen the efficiency of our department. Prior to Council giving us the 6 new men, we are of course working the three Platoon system, 2? men to a Platoon for a total of DI men. Five or six of these men are off each day, leaving either 21 or 22 men on duty. With tho addition of these 6 menu it seems imperative to give the men an additional day each month, which means it will be necessary to add one man to each Platoon, making three 26 men Platoons or 64 men. Since the addition of one additional man on a Platoon would only give the Platoon 23 working days, it would be necessary to have seven men off on each shift almost every day, leaving a workin9 shift of 21 men. The 4 Platoon system would also require B4 men or 4 ~ 21 men Platoons since not one would be off when the Platoon was on duty. I feel this in itself would increase the efficiency of the Department as the men would be working where they are assigned and would eliminate the Lieutenants having to shift men every day because of the ? men being off. The addition of an extra Platoon, would enable the Department to hire tho new Negro Policemen and also ~ould eliminate the necessity of the colored officers now employed having to work by themselves when their*partner is of~. The plan submitted is worked out on a 26 day plan as in order to actually institute the 40'hour week. It is necessary to ~ork by the man power Of ~be Traffic Bureau would be shortened by 10 hours a week Or about 1/4 of a man. ~97 be ultk the understanding tknt ir It is completely successful and meets all the requirements, that on the first or next year, five addltionnl rates should be provided ia order that the new Platoon would hare equal rating with the other three Platoons but fn the meantime, one or'our Sergeants could act ns Lieutennnt, one of our Corporals ns Sergeant and etc. The experience mould be good far the men and the cost or rive additional rates next year, to the City of Roanoke, would still be less than the salary of one new policeman. TbJs might also provide incentive to mark for promotion. · This plan mould eliminate the long month of midnight, daylight and 3 to Il and I belier, the men will do better work for a week than they mill tar a month, as marking the same eld car on daylight, checking the same windows and doors on midnight becomes monotonous eventually. I am not saying this is a fool proof'plan or really provides the protection the City is entitled to, only that It does provide the City with as good a protection as it is getting now. Respectfully submitted, S/ Murray O. Cochran Murray O. Cochran Captain of Police" In a discussion of the matter, Mr. Mheeler stated that the plan presented by Captain Cochran is a reasonable one, but that he still feels an additional ten men should he employed to put the forty-hour ~ork ~eek plan into effect. Mr. A. B. Crush, a member of the Associates of the Fraternal Order of Police, appeared before Council and presented a petition signed by 105 policemen, requestin9 the opportunity to give the proposed plan a try with the understanding that if it does not work, the Police Department will go back on a forty-three hour work week until the sit'arian can be remedied in the 1964 budget. After a further discussion of the matter, and it being pointed out that the Ordinance should be made effective March 26, 1963, Mr. Dillard moved that the Ordinance be amended accordingly. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: gessrs. Dillard, Jones, Nheeler, Young and Vice Mayor Garland---5. NAYS: None ............................................................O. (Mr. Pollard and Ma/or Stoller absent) Mr. Dillard then offered the folloming Ordinance, as amended, for its second reading and final adoption: (~13082) AN ORDINANCE anendin9 and reordainin9 subsection (e), section 11, Chapter 3, Title II of The Code of the City of Roanoke, 1956, relatin9 to the employees of the fire dep~rtment and of the police department, to provide for a forty-hour work week for employees of the police department, which amendment shall become effective March 26, 1963. BE IT ORDAINED by the Council of the City of Roanoke that subsection (e), section 11, Chapter 3, Title II of The Code of the City of Roanoke, 1956, be, and said subsection is hereby amended and reordained to read and provide as follows: (e) Each member of the fire department who works on twenty-four-hour shifts shall receive two days off per month and each dispatcher shall receive six days off each month in lien of Saturdays, Sundays, and holidays. The City Manager shall arrange and establish as of the effective date of this ordinance° end thereafter, a forty-hour work week for all ployees or the police departuent orlhe City, using such personnel usare presently or may, trow liwe lo tine, hereafter be author- ized for employment lo said department. BE IT FCRTDER ORDAINED t~at this ordinonce shall be in full force and effect on and after March 26. 1q63. Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs~ Dillard, Jones, Wheeler, You;g and Vice Mayor Garland ..... NAYS: Hone .............................................................. (Mr. Pollard and Mayor Stoller absent) TAXICABS: Ordinance Ho. 15089, approving and authorizing the transfer of a certificate of public convenience and necessity from James C. Coldwell, trading as Colds*Il Cabs, to B. P. ~ W. Cab Company, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Jones offering the following for its second reading and final adoption: (~l§08O). AH ORDIHAHCE approving and authorizing the transfer of a certifi= cate of public convenience and necessity from James C. Coldwell, trading as Coldwell Cabs, to D. P. ~ N. Cab Company. (For full text of Ordinance, see Ordinance Book No. ~h, page Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Jones, ~heeler, Young and Vice Mayor Garland .... 5. NAYS: None ............................................................. O, (Mr. Pollard and Mayor Stoller absent) STATE HIGHWAYS: Council having previously concurred in the recommendation of the City Manager that the city accept an offer of $21,363 from the Virginia Oeparl Of Highways for eight parcels of land in the vicinity of Orange Avenue, H. a construction easement, and any and all damages, in connection with acquisition of rights of way by the state for Route SBl from Route Ol to Orange Avenue, and having directed the City Attorny to prepare the proper measure, he presented same; whet,opal Mr. Young moved that the following Ordinance be placed upon its first reading: (~15108) AH ORDINAHCE authorizing the sale and conveyance of eight fO) parcels of land and the granting Of a certain construction easement and easements of access, light and air incident to the residue of said lands to the Commonwealth of Virginia, Department of Highways, for a consideration of $21,363, cash. WHEREAS, it is necessary for the construction of Interstate Spur Route 591 in the City that the Commonwealth of Virginia, Department of Highways, acquire from the City the several parcels of land he~einafter described, together with certain rights incident thereto, and said Department bas caused anappralsal to be made of t~ value of said lands and of the damages to the residue of the properties of the City, 1199. 20O TaEREFORE. HE IT ORDAINED by the Council of the City of Roanoke that the offer of the Commonwealth of Virginia. Department of Rlghwu%s, to purchase end acquire from the City, for a coesideration of $21,363, cash, the following described arcels of land. uggregatfug 3,14 acres, more or less, eiz.: 'A# Parcel IT4 as shown on sheet No. lg of the plans for Interstate Route 501, State Highway Project O$Ol-12D- OlO, Re-201, containing 0.44 acre. more or less; 'B~ Parcel 173 as shown on sheet No. 19 of the plans of the aforesaid State Highway Project. containing 0.50 acre. more or less; "C" Parcel 144 us shown on sheet Ho. 19 of the plans of the aforesaid State Highway Project, containing 1.66 acres, more or tess; *D" Parcel 170 as shown on sheet Ho. 19 of the plans of the aforesaid State fligbway Project, containing 0.20 acre. more or less; "E" ~ 'F# Parcels 147 and 140 as shosn on sheet Rm. 19 of the plans of the aforesaid State Highway Project. con- taining 0.22 acre, more or less, together with the temporary right and easement to remove existing retain- ing wall and grade and slope the area necessary for the construction of the project as shown on said plans; #G# Parcel 182 as shown on sheet No. 19-8 of the plans of the aforesaid State Illghway Project. containing O.Ol acre, more or less; and "[1" Parcel 253 as shown on sheet No. 30 of the plans of the aforesaid State Dighway Project, containing 0.03 acre, more or less; together with all necessary easements of access, light or air incident to the residue of the lands of the City abutting upon the aforesaid Interstate Route SO1, said easements to be in the form of covenants running with the title of the owner of such abutting lands, be, and said offer is ACCEPTED. BE IT FURTHER ORDAINED that, upon preparation of an adequate deed of conveyance upon form approved by the City Attorney incorporating accurate descrip- tions Of the aforesaid parcels of land, furnished by the City Engineer. and incorpo- rating, also, the Cityts general warranty and modern english.covenants of title in the conveyance of parcels IT4, 173, '144, 147 and 140, and covenants of special warranty of title with reference to parcels 170, IH2, and 253, the Mayor and the City Clerk are hereby authorized and directed, for and on behalf of the City. to execute, seal and acknowledge the Cityes said deed of conveyance and, upon receipt of the $21,S63 purchase price above mentioned, delJrer the same to a representative of said highway department. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Dillard, Jones, Wheeler, Young and Yice Mayor Garland ..... NAYS: None .............................................................. O, (Mr. Pollard and Mayor Similar absent) INDUSTRIES-APPALACHIAN POWER COMPANY: Council having directed the City Attorney to prepare the proper measure supporting the request of the Appalachian Poser Company to the Federal Power Commission for a temporary permit to construct a two-dam hydraulic project on New River in Gray~onCounty, he presented same; where- Upon, Mr. Wheeler offered the following Resolution: (mlSlO?), A RESOLUTION requesting the Federal Power Commission to grant a permit to the Appalachian Pomer Company for the construction of a hydroelectric dam or dams to impound the maters of New River near the Toua of Independence, Virginia. (For full text of Resolution, see Resolution Dank No. 26, page 130.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded b) Mr. Young and adopted by the follouing vote: AYES: Neasrs. Dillard, Jones, "heeler, Young and Vice Mayor Garland ..... ~ NAYS: None .............................................................. 0 (Hr. Pollard and Mayor Stoller absent) ¥OTIONS ANB MISCELLANEOUS BUSINESS: COUNCIL: Mr. M. M. Lambert appeared before Council and voiced the opinion that If the body is to continue night meetings it should have adequate facilities to accommodate the crowds. On motion of Mr. Dillard, seconded by ~r. Jones and u~anfmously adopted, the meeting was adjourned. APPROVED A'fTEST: 202 COUNCIL, REGULAR MEETING. Monday, Februory 4, 1963, The Council of the City of Roanoke met in regular meeting fa the Council Cbawber in the Municipal Building, Monday, February 4, 1q63, at 7:30 p.w., with WayoF St.liar presiding. PRESENT: Messrs. Dillard, Garland, Jones. Wheeler, Young and Mayor St.liar .............................. ABSENY: Mr, Pollard .............1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph O. Whittle, City Attorney, and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. T. E. Landis, P3stor, Greene Memorial Methodist Church. COUNCIL: Council at its last regular meeting having adopted a Resolution temporarily suspending Rule 1, Section 2, Chapter 4, Title II, of The Code of the iCity of Roanoke. lgSO, to provide for night meetings of the body during the month Of February, 1963, Mr. Jones moved that the matter of providing for the night meetings by Ordinance be taken up out Of order and offered the f. Il.ming emergency Ordinance: (~ISIOU) AN ORDINANCE temporarily suspending Rule 1. 'Regular meetings* of Sec. 2. 'Rules of procedure' of Chapter 4. 'The Council* of Title II. 'Administra tion' of The Code of the City Of Roanoke, 1956; amd providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 135.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Wheeler, Young and Mayor Stoller---- ........................................ NAYS: ~one ...................O. (Mr. Pollard absent) BEARING OF CITIZENS UPON PUBLIC MATTERS: GARBAGE REMOVAL: Pursuant to notice of advertisement for bids on fur- nishing and delivering to the City of Roanoke seven 1B-cubic yard Refuse Bodies mounted on truck chassis to be supplied by the city, said proposals to be received by the City Clerk until 1:30 p.m., February 4, 1963, and to be opened before Council at its regular meeting on the same date. Mayor Stoller asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like to ask, and no representative present raising an~ question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon the City Clerk opened and read the following bids: Baker Equipment 10-cubic yard Engineering Company Hobbs Byd-Pak $23,775.00 Track Eqalpment 16-cubic yard Corporation Truxmore Fokker $24,g70.40 Seal-Press, 20-cabic yard Incorporated Seal-Press 27,293,00 The Tidy .. 13-cubic yard Corporation Leach Packmacter 27,415.06 16-cabic yard Leach Packmaster 2D,910.69 On motion of Mr. Dillard, seconded by Mr. Garland and unanimously adopted the bids were referred to a committee composed of Messrs. Molter L. Young, Chairman, Arthur S. Owens, H. Cletus Oroyles and Bueford B. Thompson for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder, OAR'BAG£ REMOVAL: Council having set a tentative date of June 1, 1963, foz closing the ~asbington Parr dump, a delegation of members of the Citizens Committee to Close iashington Park Dump appeared before the body, with the Reverend James A. Allison, Jr., acting as spokesman, and urged that June Is, be made the actual closin9 date of the dump, Reverend Allison suggestin9 that the city use the thirty acres of land it owns in the East Gate section, or some other site, for land fill purposes, until a permanent solution to the garbage disposal problem in the city can be found. Mr. Jones moved that the request be referred to the committee composed of Messrs. Vincent $. Mheeler, Chairman. Roy R. Pollard, Sr., and Denton O. Dillard for consideration in connection with its study of closing the [ashingtun Park dump. The motion was seconded by Mr. Dillard and unanimously adopted. PETITIONS AND COMMUNICATIONS: HOUSING-SLUM CLEARANC£: A communication from the City of Roanoke Redevel- opment and Housing Authority, requesting that the Redevelopment Plan for the Commonwealth Redevelopment Project be amended to provide that the restrictions on the Plan shall automatically terminate January 1, IgDO, was before Council. In this connection, Mr. Tom Stockton Fox. Attorcey, representing the Redevelopment and Housing Authority, appeared before Council, explaining that at the present time the restrictions on the Plan are binding upon all purchasers or lessees of land in the Project Area from the date of purchase to January 1, 19DO, at which time said restrictions shall automatically extend for successive periods of ten years, unless it is agreed to change said restrictions; that owners Of property in the "residential pocket' object to extending these restrictions beyond January 1, lgDO; and since the Housing Authority considers this termination date 203 2O4 (For roll text of Resolotlonq see Resolution Book No. 26. page 136.) Br. Dillard moved the adoption of the Resolution. The motion mas seconded by Mr.'Hheeler and adopted by the following vote: AYES: Hessrs. Dillard. Garland. Jones. Nheeler. Young and Mayor Stoller-- ........................................ 6. NAYS: None ...................O. (Hr. Pollard absent) CITY GOVERNMENT: A proposal of Hr. Halter H. Ho,per. Account Manager. Associated Management Consultants. for methods and organiaation improvement to effec a more economic Hunlcipal Government operation, was before Council. In this connection. Mr. Ho,per appeared before the body and reiterated that an efficiency survey for a period of two months at a cost of $1O,000 will save the city at least $85.000 per year. After a discussion of the matter. Mr. Garland stated that it is incon- ceivable to him that a stranger could come to Room.ko and In two montbs be able to tell Council what is wrong wlth City Government, that he cannot see spending $10,000 to hear most of what Coo'moil already knows about Its City Government, and moved that the proposal of Mr. Ho.per be filed.- Zhe motion was seconded by Mr. Dillard and unanimously adopted. POLIC£ D£PARZMENT: A communication from the ¥1rgJnia Department Of Welfare and Institutions. transmitting u report On un inspection made of the Police Lookup by the Division o~ Corrections on January 8. 1963, was before Council. On motion of Mr. Young, seconded by Mr. ~heeler and unanimously adopted, the communication and report were filed. CITY JAIL: A communication from the Virginia Departmeot of Welfare and Institutions, transmitting a report on an inspection made of the City Jail by the Division of Corrections on January G, 1963, was before Council. On motion of Mr. Garland, seconded by Mr. Jones and unanimously adopted, the communication and report were flied. In this connection, Mr. Jones pointed out that Mr. S. Albert Trompeter has presented to Council charges of waste in City Government and suggestions for a salary scale Of $535 - }730, the City Manager recommending that a ne~ salary scale of ~610 - ~810 be approved in an effort to secure a suitable person for this In a discussion of the matter, Mayor Stoller questioned filling the position-and suggested the possibility of employing the former Director of Public Porks on a contractual basis, Mr, Dillard protested that this mould be establishing a bad precedent and that he does not believe in paying retired city employees a pension and salary too, After a farther discussion of the matters members of Council being of the opinion that the requirement for ten years.of experience should be lowered rather than increasing the salary scale, Mr, Garland moved that the matter be referred to a committee for study, report and recommendation to Council, The motion was secoade by Mr, Dillard and unanimously adopted, Mayor Stoller appointed Messrs. Palter L, Young, Chairman, Benton O, Dillard and Robert A, Garland as members of the committee, PAY PLAN: The City Manager submitted a written report, advising that a the Pay Plan was overlooked when Resolution No, 15072 was adopted and recommended that the increases be approved. Mr, Garland moved that Council concur tn the recommendation of the City Manager and offered the following Resolution: (~15110) A RESOLUTION approving increases in salaries and wages into the City Manager. (For full text of Resolution, see Resolution Book No. 26, page 137.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the followin9 vote: AYES: Messrs. Dillard, Garland, Jones, Wheeler, YoGa9 and Mayor Stoller-- ........................................ 6. NAYS: None .................. 0o (Mr. Pollard absent) Mr. Young then offered the following emergency Ordinance appropriating $240 to provide for the increase in salary of Mr. James M. Hudgins: (nlSlll) AN ORDINANCE to amend and reordafn Section #65, *Weights and Reasures Inspection** and Section n167, 'Contingencies,' of the 1963 Appropriation (For full t~xt of Ordinance, see Ordinance Book NO. 26, page 138.) by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Rheeler, Young and Mayor 5toller-- ........................................ 6o NAYS: None ...................O* (Mr. Pollard absent) STREET LIGHTS: The City Manager submitted a written report, recommending that Resolution No. 150§7, authorizing the installation of a street light at the corner Of Nallace Avenue and Purcell Avenuer No Eof be rescinded, and that Council 205 206 authorize the installstion of street lights.at the intersection of Mallace Avenue and Osborne Street. N. E.; at the intersection of Purcell Avenue and Osborne Street N. £.; and at the intersection or 19th Street and Matts Aveone. N. M. Mr. Garland moved that Council concur in the recommendation ur the City Manager and offered the following Resolution: (~1S112) A RKSOLUTION.authoFizIng the installation of street lights at various locations in the City of Roanoke. and repealing Resolution No. 15087. (For full text of Resolution. see Resolution Book No. 26. page 138.) Mr. Garland moved the adoption of the Resolution. The motion was second,, by Mr. Nheeler and adopted by the following vote: AYES: Messrso Dillard. Garland. Jones. Mheeler. Young and Mayor Stoller-- ........................................ 6. NAYS: None ...................O. (Mr. Pollard absent) CITY JAIL: Council having provided for the renewal of a CofltFaCt between the City of Roanoke and the United States Department of Justice, Bureau of Prisons, covering the safekeeping, care and subsistence (but not the medical treatment) of )arsons held under authority of any United 5tares statute in the Roanoke City Jail at a rate of $1.50 per day, and having directed the City Manager to obtain from the City Sergeant Xhe average cost per day per prisoner for caring for Same in the City Jail, he submitted a written report, advising that the average cost is 64°6¢ per day per prisoner. In this connection, Re. Kermit E. Allman, City Sergeant, appeared before Council and compared the rate of $1.50 per day with the rates of other cities, Mr. Allman recommending that the present contract remain in effect at the rate of .$1.50 per day. On motion of Mr. Garland, seconded by Mr. Young ~nd unanimously adopted, the report was filed. SENER$ AND STORM DRAINS: Council having referred to the City Manager for study, report and recommendation a request of Mr. Ralph G. A=o~, Jr** 4322 Delray Street, N. N., that the city pay the cost ok digging up the sewer line on his property in the amount of $167.7b since the lateral to the property is located approximately 18 feet from where it is shown on the.sewer map in the Engineering Department and since it has been determined that an obstruction in the sewer line was on city property, the City Manager submitted a written report, advising that he can find no place ~here the city was negligent, therefore, he cannot recommend payment as requested by Mr, Amos. In this connection, Mr, Amos appeared before Council and pointed out that he would not have dug up the sewer line on his property at a cost of $167o76 if the city had not insisted that he do so before it proceeded to locate the trouble on city property. On motion of Mr. Jones, seconded by Mr. Dillard and unanimously adopted, the matter was referred to the City Attorney for study and report to Council. :f PURCHASE OF PROPERTY: Council having previoasly referred to a committee coaposed of Wes*rs, Roy L, Webber, Chairman, Arthur S, Owens. J. Robert Thomas and Randolph G, Whittle. for study, report and recommendation, an offer of the City Rescue Mission to sell to the City of Roanoke its lot located on the north side of Salem Avenue. $. E,, east of First Street, described as Lot 45. Block S, Roanoke Land and Improvement Company, Official Tax No. 4010212, for the sum of $10,000, the City Manager submitted a written report, together with a communication from the City Rescue Mission, renewing Its offer, Mro Rheeler saved that the renewed offer be referred to a new committee [or study, report and recommendation to Council. The motion was seconded by Mr, Dillard and unanimously adopted. Mayor Stoller appointed Me*mrs, Benton O. Dillard, Chairman, Vincent S. Mheeler and Walter L, Young as members of the committee. REPORTS OF COMMITTEES: STREDTS AND ALLEVS: Council havlng referred the bid of H ~ S Constructiol Company in the amount of $4.713.50 for the widening of Mabry Avenue. 5. Eo. from Yen,nor Road to Moran Street. to a committee composed of Messrs. Benton O. Dillard. Chairman, Robert A. Garland and H. Cletus Broyles, for study, report and recom- mendation, the committee submitted a written report, recommending that the contract be awarded to H ~ S Construction Company, After a discussion of the matter, the City Manager advisiu9 that there are funds available in the 1963 budget for this project. Mr. Mheeler moved that Council concur in the recommendation Of the committee and offered the following emergency Ordinance: (UlSlla) AH ORDINANCE accepting the proposal of H ~ S Construction Company for the widening of Mabry Avenue from Ventnor Street to Moran Road; author- lzing the proper City officials to execute the requisite contract; and providing for an emergency. (For Eull text of Ordinance. see Ordinance Book No. 26. page 139.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AVES: Messrs. Dillard. Garland. Jones. Wheeler, Young and Mayor St.liar-- NAyS: None ...................O, (Mr. Pollard absent) STREETS AND ALLEYS-SCHOOLS: Council having referred bids on the extension of Ferncliff Avenue, N. N., from Hershberger Road to the new William Fleming High School. to a committee.composed of Messrs. Denton O. Dillard. Chairman. Robert Garland and H. Cletus Broyles. for tabulation and reportt thecommittee submitted a written report, together with a tabulation showing Alternate Bid No. 1 of Adams Construction Company. in the amount of }17.097.S0. ns low bid. the committee advisin, that since right of way has not been donated so as to accomplish Alternate Bid No. 2. the extension to Root, Lane. it is deemed advisable to hold that phase of the project in abeyance, and recommended that the contract he awarded to Adams Con- struction Company on the basis of Alternate Bid No. l. 207 2.08 It appearing that there are sufficient funds fn the bridget fo/ the project Hr, Junes moved that Cuuncil concur in ~he.recomeendatiun.of the.committee and offered the following emergency Ordinance: (~15114} AN OgDINANCE accepting alternate proposal No, I of Adams Construction Company for extension of Ferneliff Avenue from Heruhberger Road to Rilllam Fleming High School; authorizing the proper City officials to execute the requisite contract;reJecting all other, bids; and providing for an emergency, (For full text o! Ordinance, see Ordinance Dook No, 26, page 139,) Mr. Jones moved the adoption of the Ordinance, .The motion vas seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jonesi ~heeler, Young and Mayor Stoller ................................. 6. . RAYS: None ...................O. (Rt. Pollard absent) SIDENALK. CURB AND GUTTER: Council having referred bids on the construc- tion of co,crete sidewalk, curb and gutter at various locations in the city to a committee composed of Messrs. Denton O. Dillard, Chairman, Robert A. Garlaud and N. Cletus~Broyies, for tabulation and report, the committee submitted a vrJtten report, together,vith a tabulation shoving the bid of 6imbert ~ Gimbert, Incor- porated, in the amount of $99,340, as low bid, and recommended that the contract be awarded to Gimbert ~ Gimbert, Incorporated. The City Auditor advising thatthere are sufficient funds in the budget for this mark, Mr. Garland moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (UlSll$) AN ORDINANCE acc*prim9 the proposal of Gimbert ~ Gimbert, Inc., for the construction of concret~ curb and gutter and concrete sidewalk at various lo~ationsin the City of Roanoke (1963); authorizing the proper City officials to execute the requisite contract; rejecting the other bid; and proriding for an emergency. . (For full text of Ordinance, see Ordinance Book No. 26 page 140o) Mr. Garlandmoved the adoption of the Ordinance, The motion.was seconded by Mr. ~heeler and adopted by the following vote: AYES:~ Messrs. Dillard, Garland, Jones. ~heeler, Young and Mayor Stoller ................................. NAYS: None ...................O. .(Mr. Pollard absent} SEMERS AND STORM DRAINS: .Council having referred bids on drilling drainai wells at various locations in the Wllliamson Road area to a committee composed of Messrs. Denton O. Dillard, Chairman, Robert A. Garland and B. Cletus Broyles, for tabulation and report, the.committee submitted a written report, together with a tabulation shqving the bid of Frank We Hartin ~rilling Company. in.the amount Of $2R.59D. as lay bid, and recommended.that the contract be avarded to the Frank Martin Drilling Company. The City Auditor~odvising, that,there are sufficient funds'lathe budget for this project, Mr. Dillard~noved~thnt Council concur in the recommendation of the committee and offered the following emergency Ordinance: (s15116) AN OROXNANG£ accepting the proposal of Frank M. Martin Drilling Company for drilling drainage sells at various locations in the Milllamsou Road area; 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 Mo. 26. page 141.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AY~5: M'essrs. Dillard. Garland. Jones, Rheeler, Young and Mayor Stoller ................................. MAYS: Mone ...................O. (Mr. Dollard absent) SEMERS AMD STORM. BRAIMS: Council having referred bids on the cnnstructlofl of an 8*inch sanitary sewer to serve a portion of Hazelridge Road and a portion of Oaklawn Avenue. M. No. to a committee composed of Messrs. Bento~ O. Dillard, Chairman, Robert. A. Garland and H. Cletus Broyles, for tabulation and report, the committee submitted a written report, together with a tabulation mb*win9 the bid of Draper Construction Company. in the amount of $26.142.50. as low bid, and recommended that the contract be awarded to Draper Construction Company. In this connection, the City Manager advised that it will he necessary for a public hearing to be held on the project before the contract for said project can be awarded. Mr. Dillard stated that he feels the public hearing should be held before Council instead of before a committee of city officials and offered the following Resolution: (~1 5117) A R~OLUTIOM relating to the proposed construction of an D-inch sanitary sewer to serve that portion of Dazelridge Road, M. W., between Frontier Stoller ................................ 6. MAYS: None ..................O; (Mr. Pollard absent) GARBAGE REMOVAL-PARKS AND PLAYGROUNDS:- Council havin9 previously referred 209 210 that authority be grouted to use the former Semuge Disposal Plant at Courtland Road and Carver Avenue for a central point for refuse trucks to assemble nnddispersee't( n committee composed of Messrs. Vincent S..Mheeler, Chairman. flentou O. Olllard and Roy R. Pollard, Sre, for study, report nad recommendation, the.committee submitted the foil*ming report: 'Roanoke, Virginia January 29, 1963 To the City Council Roanoke, Virginia Gentlemen: You directed the below-signed committee to make a study of a report made by the City Manager to the Council at its regular meeting on January 2H. 1963, in which he made certain recom- mendations concerning the incinerator. On Tuesday, January 29, the committee visited the Mashington Park damp, the city-omned property adjacent to Tinker Creek East Gate and the present incinerator, in order to be conversant with the needs for modernizing the incinerator. The firm of Morse Houlger, Incorporated, constructed the existing incinerator In 1936 and Mr. Thomas J. Kelley In charge of their municipal division advised he will prepare the necessary data to provide Council with information as to cost, capacity, storage and other necessary facets for the enlargement and:modern- ization of the incinerator as part of their service. The committee suggests that the City Manager be directed to contact representatives of Morse Boalger, Incorporated, and have them meet with the committee to discuss the necessary improve- ments and cost. After the meeting, the committee is to submit their findings and appropriate report to Council. Respectfully submitted, S/ Vincent 5. Nheeler Vincent S. Mheeler, Chairman S/ Denton O. Dillard Denton O. Dillard Roy R. Pollard, Sr. (Absent)' Ia this connection. Mr. H. F. Stoke appeared before Council and voiced the opinion that the provisions of the City Co~e requiring thatgarbage and refuse ~hich is combustible be separated from non-combustible refuse should be enforced and that the non-combustibles should be incinerated and the garbage composted, Mr. Stoke exhibiting samples of humus which be has obtained by c~mposting his garbage and outlining the procedure followed to obtain same. Mayor Stoller suggested that Mr. Stoke put his proposal into writing for the information of Council. Mr. Jones then moved that Council concur in the report of the committee. The motion was seconded by Mr. Garland and unanimously adopted. UNFINISHED BUSINESS: NONE~ CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: {t ZONING: Ordinaoce No, 15093, rezoning property located on the south side of #elrose Avenue, N, B** between West Side Doolevard and Van Dnren Street. describe as Lots 5-8, inclusive. Bloch 26, Washington Heights, Official Tax Nos. 2?61905- 276190fl, iuclusire, from Special Residence District to Business District, having previously been before Council for its first reading, read and laid over, mas again before the body, Hr. Nheeler offering the follouing for its second reading and final adoption: (alS093} 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. ~6, page 131.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following rote: AYES: Messrs. Dillard. Garland, Jones, Wheeler, Young and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Pollard absent) ZONING: Ordinance No. 15094, rezonfng property located aa the north side of Brandan Avenue, S. N.. east of Edgewood Street, described as Acreage, Lee-lly Gardens, Official Tax No. 1610205, from General Residence District to Special Residence District, having previously been before Council for its first reading, read and laid over, sas again before the body, Mr. Wheeler offering the following for its second reading and final adoption: (~1S094) AN ORDINANCE to amend and reenact Title X¥, 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. 26, page 132.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Wheeler, Young and Mayor Stoller ................................. 6. NAYS: None ...................O, (Mr. Follard absent) EASEMENTS-SEMERS AND STORM DRAINS: Ordinance No. 15099, authorizin9 and directing a release and quitclaim of the rights of the city to a certain drainage easement extending along the common division line of Lots 9 and 10, Block 16, Section g, Fleming Oaks, having previously been before Council for its first readin* read and laid over, was again before the body, Mr. Garland offering the folloming for its second reading and final adoption: (~15099) AN ORDXNANCR authorizing and directing a release and quitclaim Oaks subdivision. IFor full text of Ordinance, see Ordinance Book No, 26, page 133.) 21.1. 212 AYES: Me asrs, Dillard, Gerlnnd, Jones, Mheeler, Young nnd Mayor Sloller ................................ NAYS: None .........~ ........ O, (Mr, Pollard absent) STATE flIGDYAYS: Ordinance No. 15lO&, nnthorlzing the SBic and conveyance of eight parcels of lend nnd the granting of a car,nih conslruclion easement end easements of access, light and air incident to the residue of said lands to the Commonwealth of Virginia, Department of Highways, for a consideration of ~21,363, cash. having previously been before Council for its first reading, read and laid over mas again before the body, Mr. Jones offering the following for its second reading and final adoption: (m15106) AN ORDINANCE authorizing the sale and conveyance of eight (fl) parcels of land and the granting of a certain construction easement and easements of access, light and air incident to the residue of said lands to the Commonwealth of Virginia. Oepartment of Nighuays. for a consideration of $21,363, cash. (For full text of Ordinance. see OrdinanceBook No. 26. page 134.) Mr, Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AVES: Messrs. Dillard, Garland, Jones, Mheeler, Youn9 and Mayor Stoller ................................. 60 NAVS: None ................~--0. (Mr, Pollard absent) MOTIONS AND MISCELLANEOUS BUSINESS: .CITV EMPLOYEES-CITY 60VERNMENT: Mr. So Albert Tromp,tar having submitted suggestions as to bom various departments of the city can be operated more effi- ciently, Mr. Charles C. Pietrowski, an employee in the Street Repair Department, appeared before Council and requested that the various departments included in the suggestions made by Mr, Tromp. tar be furnished with a copy of these suggestions with a viem of ascertaining whether or not they can be put into effect. Mr. Pletrowskt was informed that these suggestions have been referred to the City Manager to confer with the heads of the departments affected thereby. GARBAGE,REMOVAL-PARKS AND PLAYGROUNDS: Mr. I. F. Mullen appeared before Council and expressed the hope that the city can find some other way to solve its garbage disposalproblem than to open another dump. AIRPORT: Mayor Stoller raised the question of erecting two quonset hangar at the Roanoke Municipal (Woodrum) Aivport to accommodate the demands for hangar space from local citizens and relinquished the Chair to move that the matter be referred to the City Manager to obtain an estimate of the cost of the hangars and to report bach to Council as to how to finaece same. The motion was seconded by Mr. Dillard and ananlmously adopted. On motion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. A PPR 0 ¥ £D ATTEST: erh Mayor COUNCIL, RECULAR MEETING, Monday, February 11, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, February 11, 1963, at 7:30 pom., mith Mayor Stoller presiding. PRESENT: Messrs. Dillard, Garland, Jones, Pollard, Rheeler, Young and Mayor Stoller .............................. ABSENT~ None ....................O. OFFICERS pRESENT: Mr. Arthur S. Owens, City Manager, Mr. James N. gincanoJ Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Milliam iS, Hopkins, Jr** Pastor, Moodlamn Methodist Church. MINUTES: Cop~ Of the minutes of the regalar meeting held on Monday, January 28, lgha, having been furnished each member of Council, on motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the rending thereof mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON pUBLIC MATTERS: ~ATER DEPARTMENT: Pursuant to notice of advertisement for bids on miscel- laneous, small area improved hard surface street and sidewalk restoration occasioned by the normal daily o~rations of the ~ater Department, said proposals to be receive( by the City Clerk until 5:00 p.m., February 11, 1963, and to be opened before Council at its regular meeting on the same date, Mayor Stoller asked if there was anyone present ~ho did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like to ask, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids] whereupon, the City Clerk opened and read the following bids: Virginia Asphalt Paving Company, Incorporated - $ 38,490.00 S. R. Draper Paving Company, Incorporated 31,804.00 John A. Hall & Company, Xncorporated Adams Construction Company 26,561.00 On motion of Mr. Hheeler, seconded by Mr. Young and ananimously adopted, the bids were referred to a committee composed of Messrs. Roy R. Pollard, Chairman, Arthnr S. O~ens and H. Cletus Broyles for tabulation and report to Council the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. GARBAGE REMOVAL: Pursuant to notice of advertisement for bids on furnish- ing seven 2-ton truck chassis, said proposals to be received by the City Clerk until 1:30 p.m., February ll, 1963, and to be opened before Council at its regular meeting on the same date, Mayor Stoller asked if there was anyone present who did not fully understand the advertisement, if there was anyone present sho had been denied the privilege of bidding, or if there were any questions about the advertisement anyone 213 214 mould like to ask, and no repreaentative preaent roi*lng any question, the Mayor instructed the City Clerk to proceed mith the opening of the bids; mhereupon, the City Clerk opened and read the follomiug bids: Place to be Naq~ Mounted Amount Diamond Chevrolet Corporation Richmond, Va. $25,485.00 Buffalo, N. ¥. 25,660.OO San Antonio, Texas 25,660.00 Oshkosh, Mis. 25,660,00 Dicker*on GMC, Incorporated Richmond, Va. 27,411.00 Buffalo, N. Yo 27.652.00 San Antonio, Texas 27.968.00 Oshkosh, MIS. 27.B10.00 Antrfm Motors, Incorporated Richmond, Va. 26.120.00 Buffalo, N. Y. '26,420.00 San Antonio, Texas 26,000.00 Oshkosh, Mis. 26,300.00 SbnckelfordvCox Truck and Machinery Company Richmond, Va. 26,102,00 Buffalo, N.Y. 26,423.00 San Antonio, Texas 26,403,00 Oshkosh, WIs. 26,411.00 Magic City Motor Richmond, Va. 25,599,00 Corporation Buffalo, N. Y. 25,624,00 San Antonio, Texas 25,624.00 Oshkosh, Ri*, 25,624,00 Off motion of Mr. Garland, seconded by Mr. Mheelerand unanimously adopted~ the bids were referred to a committee composed of Messrs. Baiter L. Young, Chairman, Arthur S. Owens, H. Cletus Broyles and Bueford B. Thompson for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal the lowest responsible bidder. POLICE DEPARTWENT: Pursuant to notice Of advertisement for bids on furnishing five police automobiles, one police solo motorcycle, one police motorcycle servi-car and one self-propelled traffic marking paint machine, said proposals to be received by the City Clerk until 1:30 p.m., February 11, 1963, and to be opened before Council at its regular meeting on the same date, Mayor Stoller asked if there was anyone present ~bo did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, Or if there were any questions about the advertisement anyone would like to ask, and fig representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: Five uolice automobiles Fulton Motor Company, Incorporated $11.262.57 Antrim Wotors, Incorporated 11,950.00 Magic City Motor Corporation 11,299.00 One Police solo motorcycle Butterfield's Cycle Store - 1,460.00 One oolice motorcycle servi-car Butterfield's Cycle Store - 1,585.T5 One self-orooelled traffic .markina naint machin~ Koontz Equipment Corporation ?,500.00 Unimasco, Incorporated 7,q?O.O0 Maid Industries, Incorporated Metropolitan Striping Machine 6,950.00 Carry-Liner 1,000.00 (Alternate proposal) Town g County Striping Machine Jl,lSO.O0 6,51B.35 Cory Hall Machinery Companyx Incorporated Highway Machinery 6 Supply ~ompany, inc. - 0,800.00 I! ,! On motion of Mr. Jones, seconded by Mr. Garland and unnnimonsly adopted, th bids were referred to · committee composed or Messrs. Sobert,A,,Gnrlaad,.Chairmtn, Arthur S. Owens, H. Cie·us Broyles, flu*ford B. Thompson, J, B. Sink and F. B. Mebb for tabulation and report to Council, the City Attorney to prepare the proper measures accepting the pr,pos·Is of the lowest responsible bidders, GAHMAGE REMOYAL-PARK$ ANB PLAYGROUNDS: Council baring fixed the teotative date for closing the Meshing·on Path Bump as June 1o 1963, n large delegation of members of the Mildmood Civic League uppe·red before Council, mJth Mr. E. A. Alley, President, acting as spokesman. Mr. Alley introduced Mrs. G. H. Saunders, Secretary of the Wildwood Civic League, who read a prepared statement, advising that the League wishes to go on record as objecting to the relocation of the city dump to the 30-acre tract of land purchased by the city along Tinker Creek in the East Gate section and proposing that incinerators be provided for the entire city, Mrs. Saunders st·ting that the League is aware that the cost of constructing such incinerators would be a huge sum, but that the members of the League feel this would be an investment for future years and should be shared by 311, and that if Council should decide to use the property in the East Gate section for land fill purposes the Wildwood Civic League would like the opportunity to be heard on the matter before a final decision is reached. Supporting the remarks made by Mrs. Saunders were Mr. S. J. Conner and Mr. R. W. Brewer, members of the Wildwood Civic League. Mr. James Ho Taylor, president of the Dollins Road Civic League, appeared before Council and pointed out that even with new incinerators it will be necessary to dump ashes and that there are city-owned sites other than the East Gate site more suitable for land fill purposes. Mr. Taylor suggesting that the committee of Council ~hich is studying the Washington park Dump question, representatives of the Mildwood Civic League a n d representatives of the Dollins Road Civic League get together for a study Of such sites. Mr. Laurence W. Moses voiced the opinion that if a dump is established in each section of the city he does not feel the residents in the vicinity of the Washington Park Dump ~ill object to the continuance of that dump. Ih. Reverend Ernest E. Mnntziog, Pastor of the Holltns Road Church of the Brethren and · member of the Hollins Road Civic League, stated that he does not see how the problem can be solved by moving the dump from one section of the city to another and that he feels the question of a sanitary land fill should be looked into In this connection, Council baying previously concurred in the report Of the commit tee appointed to study the closing of the Washington I ark Dump, suggesting that the City Manager be directed to contact representatives of Morse Boulger, Incorporated. and have them meet with the committee to discuss necessary improve- '215 216 The committee composed of Messrs~ Vincent S, Wheeler, Chairman, Benton O. Dillard and Boy R. Pollard, Sr.. then submitted its written report, udvi~lng that the committee bas met mJth a representative of Morse Boulger, Incorporated, and that it is estimated it will cost $40~700 to repair and modernize one unit of the incinerator or $B?.660 for two units, Hr. Wheeler verbally reporting that if Council wants to increase the operation of the' incinerator from eight hours to sixteen hours per day and provide for a plant capacity of approximately 174 tons of refuse per day it will be necessary to construct a shed and refuse storage bin adjacent to the west side of the incinerator building at an estimated cost of $1S0.000, that it is estimated a new incinerator to tahe care of approximately 400 tons of refuse per day will cost $1,2OO,000, the committee submitting verbal recommendations that it be authorized to have prepared plans and specifications for modernizing t~o units of the incinerator, and constructing a shed and refuse storage bin adjacent to the west side Of the incinerator building, in order that bids on the project might be obtained and that the committee be continued for the purpose of investigating land sites for new incinerator. MFo S. Albert Trompeter appeared before Council and voiced the opinion that the present incinerator should.be repaired and modernized to provide for operation thenty--four hours a day and that a ne~ incinerator should be financed by an increase in the tax rate rather 'than ~ bond issue. After a further discussion of the matter, Mr. Wheeler moved that Council concur in the verbal recommendations of the committee and that the City Attorney be directed to prepare the proper measure providing for the preparation of plans and specifications for modernizing tho units of the incinerator, and constructing a shed and refuse storage bin adjacent to the west side of the incinerator building, in order that bids may be obtained on the project. The motion Has seconded by Mr. Dillard and unanimously adopted. pETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company, trans- mitting n list of street lights which were installed during the month of January, 1963, pas before Council. On motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted the communication was filed. SIGNS: A communication from Mrs. Bobert C. Price, Chairman of the Miss Virginia Pageant Committee of the Valley Junior Woman, s Club, requesting permission to place a banner across the intersection of Jefferson Street and Church'Avenue on June 14-July 1, 1963, in connection ~lth the Miss Virginia Pageant, was before Council. Mr. Wheeler moved that Council concur in the.request and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Young and adopted, Mr. Dillard voting no. e ZONIHG: A communication from Mrs. Glodies M. Roomau and Rr~ H~ Reeves Goodman, requesting that property located on the north side of Cove Road, H. H** ia the vicinity of Golfside Avenue, being the eastern portion of a tract of land designated as Official. Tax.No. 2480143 and an adjoining tract of land designated as Official Tax No. 24H0105, he rezoned from General Residence District to Special Residence District for a depth of approximately 27S feet, mas before Council. On motion of Hr. Pollard, seconded by Hr. Young and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. TRAFFIC-SCHOOLS: Council baying previously adopted a Resolution request- lng the Board of Snpervisors of Roanoke County and the Superintendent Of State Polic to supply requisite police protection OF traffic control to adequately control traffic conditions at Rershberger Road and Cove Road, in Roanoke County, for the protection of the students attending the new William Fleming High School, and, also, to cause the speed limit in the vicinity of the aforesaid high school to be reduced, copy of a communication from the Virginia Department Of State Police, advising that interest Jn the problem, was before Council: 1. Speed lihit on Cove Road reduced to 35 mph. 2. No change made in 45 mph speed limit on Hershberger Road, except thru Interstate spur construction zone, however, certain existing 45 mph signs were relocated for practical reasons. 3. A study is iff progress bY the Department of' Highboy to deter- mine the feasibility of erecting traffic control signals and redesigning the intersection for better turns at Bershberger and Cove Roads. 4.A County officer will be present to control morning and after- noon school traffic when possible. 5. State Police will continue to patrol this community commen- surate with other duties with special emphasis on school traffic problems. On motion of Hr. Young, seconded by Mr. Wheeler and unanimously adopted, the communication was filed. REPORTS OF OFFICERS: BUDGET-LIFE SAYING CRENS: The City Manager submitted a written report, recommending that $250 be transferred from Operating Supplies and Materials to Housekeeping Supplies under Section n69, ~Life Saving Crews,~ of the 1963 budget, Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~lSllO) AN ORDINANCE to amend and reordain section m69, "Life Saving Crews,~ of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 26, page 142.) Mr. Young moved the adoption of the Ordinance. The motion ~as seconded by Mt. Wheeler and adopted by the following vote: AYES: Messrs. Dillard,Garland, Jones, Pollard, Hheeler, Young and Mayor Stoller .......................... 7. NAYS: None .................. O. 217 218 HEALTH DEPARTNENT: The City Manager submitted the following report with reference to transferring the functions of the Health Department of the city of Roanoke to the State of Virginia: 'Roanoke, Virginia February 11, 1q63 To the City Council Roanoke, Virginia Gentlemen: On November 26, 1962, in your File 22, you forwarded me the following directive which f quote verbatim: *At the regular meeting of the Council of the City of Roanoke on Monday, November Id, 1962, on motion, duly seconded and unanimously adopted, the question of transferring the functions of the Health Depart- ment of the City of Roanoke to the State of Virginia mas referred to you for study with the Commissioner of Health and the Hoard of Ilealth and to submit your report and recommendation to Councll.* Iff furtherance of your directive, I invited Dr. Mack Shanholtz, 5irector of Public Health for the State Of Virginia, and Jessee, Director Of Division Of Local Health Services for the State of Virginia, to meet with the Commissioner of Health. the City Manager and the Roanoke Hoard of Health on January 31, 1963, in Roanoke, Virginia. Information furnished by DF. Margaret Blendy, the City Manager and experiences gathered from the State Health Department officials were discussed thoroughly, The Roanoke Hoard of Ilealth has made an appropriate recommendation to my office ~hich is incorporated and concurred in by me in this report. As a guide to this report, it ~ould seem appropriate that use established records; therefore, the income from the State and the Health Hepartment*s total expenditures are certi£ied by letter from the City Auditor under date of January 31, 1963, attached hereto, I do not think it is advisable to go into the many details of the various health services rendered, which are too Well known to be elaborated upon, I have been assured from Dr. Shanholtz and letters from administrators of three other cities that the services from the State uould bo comparable to ~hat is now rendered. The State of Virginia Code 32-40.2 provides how the State Department of Health may cooperate with cities in the Commonwealth, and X am quoting this section for your observation: *S 32-40.2 District Ilealth Department. --- Any combina- 'tion of counties and cities, or either Of them, may, by separate resolution duly adopted by a majority vote of their respectiv'e governing bodies, create a district health department. The governing bodies of such counties and cities may enter into contractual agreement with the State Department of Health for the operation of the dis= trict health department thus created. (1954. c. Using the expenditures as outlined in the Auditor*s letter our health expenses for 1963 were for the City of Roanoke, $205,493.21; and for the State of Virginia, $42,533.00. If the formula adopted by the State had been used in 1962, the State's expenditures would have been approximately $137,000 and the City's $112,000. If a fair rental figure is added then the aggregate expenditures are increased but the percentage of 5S-d5 remains constant. I am enclosing copies of correspondence from Mr. Edward Temple, City Manager of Danville, Virginia, Mr. James Howen, City Manager of Charlottesville, Virginia, and Mr. Aubrey Johnson, City Manager of Portsmouth, Virginia. Each of these administrators make it clear that they believe the joint operation is in the best interest Of their respective communities. Knowing these gentlemen personally and their excellent record of achievements, I respect their opinions very highly. The crux of the matter is, would the local community bewillin9 to give up its own Health Department and prerogatives to go under the state cooperative plan? I am unwilling to give an estimate of expected savings until more definite information is available as to the many facets Of this change, yet It is apparent the dollar and cent savings may be substantial. I! I am attachiu9 a report from the local Health Board adopted at its meeting on Thursday, January 31, 1963, and in furtherance of'your directive to me, I recommend the following: 1. The City council of the City of Roanoke. Virginia, adopt o resolution requesting Dr. Shanholtz to mahe u feasibility surrey as to the economies and services that may redound lo benefits to the City. 2. A resolution to Dr. Shunboltz, Director of Public Health for the State of Virginia, in mhich u request would be made that should the proposed feasibility survey prove practical that the City of Roanoke be included in the next' biennial recommendation.to the General Assembly uhereby the City of Roanohe's contract with the State of Health can be included in their request for funds. If the foregoing resolutions prove practical and in the affirmative, there would be only one further suggestion that I would have you consider prior to your final decision. The freeholders of the City voted affirm- atively their willingness to be taxed to construct a health department building and this indicates to me a desire to own and operate their own health department. Respectfully submitted* S/ Arthur S. Owens City Manager" Mr. So Albert Trumpeter appeared before Council and protested against the city surrendering any of its rights to the state, pointing out that the citizens of Roanoke will still be sharing part of the costs of operation of the Health Oepartoentl through state taxes. Mr. Carland stated that he is against losing control of the Health Depart- ment, that this would be another step toward that dangerous road to socialism and is against his entire philosophy of 9overnment. Mr. Jones stated that since the plan has been successful in other cities he would like to see it tried in Roanoke, pointing out that any time the city wants to withdraw from the plan all it. has to do is not to appropriate its part Of the funds for operation of the Health Department. Mr. Dillurd protested against the study being made by the State Health Commissioner. whom he described as a "bureaucrat" who wants to take over the City of Roanoke, Mr. Dillard voicing the opinion that if Council wants a survey made it should be an independent one, and that he feels the city should fight for local rights and privileges.' Mr. Young stated that he does not think the state has any thought but to look afterthe best interest of the people and that since the City of Roanoke is being taxed to give health facilities to surrounding areasit should also share in these services. Mr. Wheeler stated th'at he feels the city should keep its liberty as long as possible and that he does not think it should give up any local control. Mayor Stoller pointed out that the city receives state aid for its school program, welfare program, juvenile and domestic relations program, as well as others that the idea behind the proposed plan is simply to be realistic and get the state to bear some of the burde~ Of the operation of the local Health Department, and relinquished the Chair to offer the following Resolution requesting the State Health 2.t9 :'220 Commissioner tomake u'feosibllity surrey as to uhether the'CitY of Roanoke should eater late · contract wlth~theStute Hoard of'Re~lth to render'the cltyts health services: "A RESOLUTION requesting'the State Health Commissioner to make a feasibility surrey as to whether the City of Roanoke should enter into a contract with the State Board of Health to render the City*s health services. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the State Health Commissioner be, and sold Commissioner is hereby, respectfully requested to matea'feaslbJlity survey as to whether the City of Roanoke should enter into a contract with the State Board of Health to render the City's health services and. upon the assumption that the City would elect following: (a) Rents to be paid the city for its health department building, (b) Rents to be paid the City for its health equipment. (c) Whether it ~ould be the obligation of the State or City to provide replacements. (d) that adjustment should be made of the Cityts (e) Khether the City or the State would have the of the City*s health building. (fi How the health services presently furnished by results thereof to this Council in writing." by Mr. Jones and lost by the following vote: AYES: Messrs. Jones, Stoller and Young ................................3. NAYS: Messrs. Dillard, tollard, Wheeler and Vice Mayor Garland ........4. EASEMENTS-AIRPORT-STATE HIGHWAYS: The City Manager submitted a written drains under Interstate Route 501. approximately 1200 feet north of Itershberger Road, to serve Roanoke Municipal (Woodrum) Airport. at a cost of $5OO. and Manager and offered the following emergency Ordinance: (=15119) AN ORDINANCE providing for the City's acquisition of a County, west of State Route b2b and Interstate Spur Route 581; providing for the (For full text of Ordinance, see Ordinance Book No. 2b. page 143.i by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones, Pollard, gheeler. Young and Mayor Stoller ........................... ?- NAYS: Hone .................. O. REPORTS OF COMMITTEES: NONE. UNFINISHEO BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE, MOTIONS AND MISCELLANEOUS BUSINESS: STATE HIGHWAYS: Mr. A. M. Simmons, 1105 Pleasant View Avenue, N. M., appeared before Council.and complained that utility poles are being installed in front of the properties ia the 1100 block of Pleasant View Avenue in connection with the construction of Interstate Route 501, Mro Simmons requesting that the utility poles be placed at the rearof the properties in that block. On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the matter was referred to the City Manager for investigation and report to Council. Mr. Wheeler complained that this does not give committees sufficient time in which to report back at the next regular meeting on matters referred to them at the ,rerious regular meeting and offered the following Resolution changing the deadline for the agenda to 5 p.m. on Thursday: (u15120) A RESOLUTION establishing policy with reference to the prepara- tion of the calendar Of business to be deliberated by theCouncil of the City of Roanoke at its regular sessions. (For full textof Resolution, see Resolution Book No. 25, page 143.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard, OJrland, Jones. Pollard, Wheeler, Young and Mayor Stoller ........................... ?. NAYS: None ...................O. Mr. Wheeler then offered the followin9 Resolution repealing Resolution No. 1494U: (~15121) A RESOLUTION repealing Resolution No. 149 0. (For full text of Resolution, see Resoletion Book No. 26, page 144.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the followin9 vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. On motion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. A p P R 0 V E 0 ATTEST: k Mayor 221 222 COUNCIL, REGULAR MEETING, Monday, February 16, 1963. The Council of the'City of Roan*he met in regular meeting in the Council Chamber in thr Municipal Building, Monday, February 18, 1963, at 7:30 p.m** with Mayor St*lieF ~residing. FRE~E~T: Messrs. Dillard, Garland, Jonea, Pollard. Mheeler, Young and Mayo~ St*lieF ............................. ABSENT: ~ooe .................... O, OFFICERS FRF. SENT: Mr. Arthur S. Omens, City Manager, Mr. Janes N. Kincano Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend J. E. Prlngle, Pastor, Mestminster Presbyterian Church. MINOTES: Copies of the minutes of the regular meeting held off Monday. February 4. 1963, and the regular meeting held on Monday, February 11, lgbS, having been furnished each member oY Council, on'notion of Mr. Mheeler, seconded by Mr, Jones and unanimously adopted, the reading thereof ~as dispensed with and the minute! approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: · ATER DEPARTMENT: Pursuant to notice of advertisement for bids on fur- nishtn9 and installin9 9,093 feet of 16-inch cast iron feeder main and appurtenances in connection with the expansion of the Ueiray Mater System, said proposals to be received by the City Clerh uotil 5:00 p.m,, Monday, February 18, 1953, and to be opened at 7:30 p.m., before Council, Mayor Stoller asked if there was anyone present who did not fully understand the advertisement, if there ~as anyone present who had been denied the privilege of bidding, or if there were any questions about the advertisement anyone would like to ask, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read the foil*win9 bids: Aaron J. Conner, General Contractor, Incorporated. $119,500.?1; Hudgins and Pace, $10b,015,44; and Howard Construction Company, Incorporated, ~114,336.10. On motion of Mr. Young, seconded by Mr. Rheeler and unanimously adopted, the bids were referred to a committee composed Of Messrs. Roy R. Pollard. Sr., Chairman, Raymond E. Pillow, H. Cletus Broyles and Arthur S. Owens for tabulation and report to Council. the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. ZONING: Council having previously set a public hearing for ?:30 p.m., February 18, 1963. on the request of Mr. Lonza L. Rush that a tract of laud located on the south side of Brandon Avenue. S. N., adjacent to the west corporate limits, described is Official Tax NO. 1620101', be rezoned from General Residence District to Special Residence District. the matter mas before the body. report: In this connection, the City Planning Commission submitted the foil*ming "January 14, 1963 The Bun*table Murray A. St*lief, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: The City Planning Commission in its January 9..1963 meeting considered the above fez*ming request. The Commission mat informed by Mr. Leonard Muse that the proposed construction is for an apartment devel- opment providing for approximately 132 housing units. Plans. layout and elevations mere presented by Mr. Barduicke, architect for the project. Be also informed the Planning Commission that he nas willing to cooperate with the city*s engineering departmentin regard to a residential street leading into this property. Previous plans pre- pared by the engineering department indicate that there exists a need for a street through this property connecting Beverley Boulevard mith flrandon Avenue. The City Planning Commission suggested that engi- neering studies be prepared mom to determine the feasibility and the exact location of the new street so that a system of connecting streets can be accomplished, The City Planning Commission also noted that the development of the general area is mostly residential and that the proposed use for apartment buildings would be compatible. Therefore, the City Planning Commission recommends tn City Council · that the above property be rezoned from General Residence District to Special Residence District. Respectfully submitted, $/ ~erner K, 5ensbach for Harold ~. Hill Chairman" Hr. Leonard G. Muse, Attorney, representing the petitioner, appeared before Council and outlined plans for the construction of ·132 apartments at an estimated cost of In a discussion of the matter, upon questioning by Council, the City Manager stated that if the apartment buildings are constructed on the proposed site it will be necessary to open the street adjacent thereto. Mr. Pollard raised the q~estion of establishing a setback line on Brandon Avenue la the rlcinlty oE the property proposed to be fez.ned to take care of the increase in traffic, Hr. Dillard voicing the opinion that a setback line is not necessary and that cutting the corner back at the tiflersection of Brandon Avenue and the proposed street should be sufficient to take care of any increase in traffic No one appearing in oppositio~ to the proposed rezoning, Mr. Nheeler moved that the following Ordinance he placed upon its first reading: (~15122) 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. NHEREAS, application has been made to the Council of the City of Roanoke to have the following described parcel of real estate, to-wit: All that certain tract or parcel of land lying and being in the City of Roinoke. Virginia, on the south side of Brandon Avenue, Southwest, east Of and adjacent to Mhd Lick Creek, containing 'acres, all as shown on a plat of survey dated October 29, 1955, by C. B. Malcolm and Sons, Certified Engineers, of record in Deed Book 969, page 42B. in the Clerkts office of the Bustings Court for the City of Roanoke, being designated on the zoning maps of the City of Roanoke as Official Tax No. 1620101, 2.23 224 resumed from General Residence District to Special Residence District; end MREREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from General Re'sidence District to Special Residence District; end WHEREAS, notice required by Title IV, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, bas been published in *The Roanoke Rorld*News,* a newspaper published in the City of Roanoke, for the time required by WHEREAS, the hearing as provided for in said notice was held on the lflth day of February, 1963, at 7:30 pom.. before the Council of the City of Roanoke~ at All that certain tract or parcel of land lying and being in the City of Eoauoke, Virginia, on the south side of 8rundnn Avenue, Southwest, east of and adjacent to Mud Lick Creek, containing acres, all as shown on a plat of survey dated October 29, 1955, by C. B.. Malcolm and Son, Certified Engineers, of record in Deed Book 969, page 420. in the Clerk*s office of the Hustings Court for the City of Roanoke, designated on Sheet 162 of the Zonin9 Map as Official Tax No. 1620101, be, and is hereby, changed from General Residence District to Special Residence 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: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O, Mr. Pollard then moved that the City Manager look into the question of ZONING: Council having previously set a public hearing for 7:30 p.m.. February 16, 1963, on the request of The Kroger Company that Lots 1=8, inclusive, Block ?1, Melrose Land Company,' Official Tax Nos. 2322001-2322007. inclusive, be rezoned from Geceral Residence District to Business District, and that Lots 9-16, inclusive. Block 71, Melrose Land Company, Official Tax Nos. 2322008-2322015, inclusive, be rezoned from Special Residence'District to Business District, said property being ali of the land bounded by Orange Avenue, N. w., on the north, Nineteenth Street on the east, ~elrose Avenue off the south, and Twentieth Street on the west, the matter was before the body. In this connection, the City Planning Commission submitted the following report: 'January 14, 1963 The Honorable Hurray A. Stoller, Nay*r, and Members of City Council Roanoke, Virginia Gentlemeu: In ltl Janaary 9, 1963 meeting, the City Planning Commission considered the above rezonin9 request. The Planuiag Commission members learned fFOm NFo Sidney F. Parham, JFe, attorney for the petitioners, that the KFoger Company had obtained options on sixteen lots in order to erect a supermarRet on the premises. This site uas selected because of its easy accessibility from Orange *nd Melrose Avenues and Its location in regard to the residential development which the supermarket is intended to In studying this request, the Pla*ming Commission noted that the lots In the adjacent bi*ch facing Orange Avenue have been fez*ned to business by recent action of City Council. Also, a gasoline service station is located on Melrose Avenue opposite the south- east corner of the block under consideration. However, the predominate land use of the surroanding area is residential. The City Planning Commission concluded that the proposed location for a supermaFhet would be feasible and that the proposed re-use should be considered an essential service function to provide the amenities for the surrounding residential development. A repre- sentative from The Kroger Company also stated that his company would be willing to provide landscaping at the periphery of the property. The City Planning Commission therefore recummends to City Council to rezone the above properties from General Residence and Special Residence to Business District. Respectlully submitled, 5/ ~erner K. Sensbach for Harold R. Hill, Chairman' Mr. So F. Parham, Jr., Attorney, representin9 the petitioner, appeared before Council and outlined the plans of his client for construction of a supermarhe on the proper~y, ~ith possibly adjoinlmj businesses compatible with the supermarket, and pointed out that approximately twenty citizens are present in favor of the proposed fez*ming. Mr. Arthur Juergens, Associate Director of Real Estate for The Kroger Company, and' Mr. Thomas J. Fart, Divisional Director of Real Estate for The Kroger Company, also outlined plans for the property if it is rezoned. No one appearing in opposition to the proposed fez*ming, Mr. Pollard moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (#15123) 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 of Lots 1-16, inclusive~ Bluc~ 71, Reit*se Land Company, and bean9 Official Tax Nos. 225 226 Mfl£BEAS, the City Planning Commission bas recommended that the hereinafter described land be resorted from General Residence District and Special Residence Jistrlct to Basin, ss District; and WHEREAS, notice required by Title XVo Chapter 4, Section 430 of The Code of the City of Roanoke, 1956, relating to Zoning, has been pablished in 'The Roanoke Morld-Nems,# 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 loth day of February, 1963, at 7:30 p,o,, 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 ago,Just the proposed resorting; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land shoald be rezoned, Tfl£REFOR£, D£ fT ORDAINED by the Council Of the City of Roanoke that Title XV, 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 bounded by Orange Avenue on the north, 19th Street, N. W., on the all of Lots 1-15, inclusive, Dlock 71, Walrus, Land Company, designated on Sheet 232 of the Zoning Map as Official Tax Nos, 2322001-2322015, inclusive, 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 sas seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard. Wheeler. Young and Mayor Stellar ........................... 7o NAYS: None ................... Oo AIRPORT: A group of residents of the Dogwood Acres Subdivision, located Roanoke County. appeared before Council, with Mr. John' Ho Thornton, Jr°, Attorney. acting as spokesman. Mr. Thornton advising that he represents the owners of ten pieces of property located in or near the "Clear Zone" at the north end of Runway 15-33 at Roanoke Municipal (Moodrum) Airport, on Virginia State Route 117, and that one or more of t~e property owners desire to sell their homes or make improvements to same at this time, but cannot do so until they know whether or not any portion of their property is to be purchased or used for aa easement in connection with the 'Clear Zone", Mr° Thornton stating that his clients would like soee idea as to when the land and easements required for the 'Clear Zone~ sill be determined. The City Manager advised Council that funds for the project ~ill not be allocated by the.Federal Government until after July 1, 19~3, and that he proposes tO have the Federal Aviation Agency determine the land and easements needed for the *Cl~ar Zone* as soon as possible after that date. RECREATION DEPARTMENT-pARKS AND PLAYGROUNDS: Mr. Walter B. Baird, Jr., President, and Mr, Jack M, Goodykoontz, Trustee, Optimist Club of Roanoke, appeared before Council and presented a written offer to lease the Optimist Boys Clubhouse adjacent to Morwich Parb to the City of Roanohe, without charge, for so long aa the city will operate the facility as a community recreation center, provided the Club retains ownership of the property, the word *Optimist' is retained in the name of the center, and the Department of Paths and Recreation will furnish scheduled time for Optimist Club-sponsored youth activities, such as Boy Scout meetings, Junior Optimist Club meetings. Soap Box Derby preparations, etc. Mr. Dillard moved that a committee be appointed by the Mayor to study the offer and report back to Council with its recommendations, The motion was seconded by Mr. Pollard and unanimously adopted. The Mayor appointed Messrs, Benton O. Dillard, Chairman, Rex T. Ri*cheil, Jro, Arthur So Owens and RobeFt A. Garland as members of the committee, PETITIONS A~D COMMUNICATIONS: LICENSE~: A cum=unica*Ion from ~r. Murray Ko Coulter, President, National Business College, requesting that Section 101, Chapter 8, Title VI, of The Code of the City of Roanoke, 195~, imposing a license tax on the gross receipts, charges or tuition derived from the business of conducting or operating a business Or academic Mr. Wheeler moved that the request be referred to the Tax Study Committee for its consideration. The motion was seconded by Mr. Pollard. In this connection, a delegation Of retired persons appeared before CouncJ and voiced the opinion that since Council denied their request for a real estate tax exemption it should not grant requests for eliminating or reducing license taxes, since to grant such a request would put more of a burden on the real estate Among those speaking for the retired persons were Ressrs, A, A, Akers, V, M. Heazel, Leslie O. Long and J. D. Jones. After a lengthy discussion of the matter, some members of Council feeling that the request should he acted on by Council rather than the Tax Study 'Committee and other members of Council voicing the opinion that if the body is not ruin9 to .refer tax matters to the Tax Study Committee it might as well not have such a Committee, Mr, Garland offered a substitute motion that the request be denied. The substitute motion mas seconded by Mr. Dillard and lost by the following vote: AYES: Messrs. Dillard, Garland and Mayor Stoller ...................... 3. NAYS: Messrs. Jones, Pollard. Mheeler, and Young ....................... After a further discussion of the question, it appearing that the National Business College has also forwarded its request to the Tax Study Committee, Mr. June offered a substitute motion to receive and file the request of National Business College, The substitute motion was seconded by Mr, Dillard an unanimously adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report~ recommending the installation of street lights at the intersection of ~Jncbester Avenue and Rain Street. S. ~., and in the ?00 block Of Suburban Avenue, S. M. ~27 '-228 Mr. Y,nog moved that Council concur in the recommendation of the City Manager nnd offered the following ~esolution: (~15124) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution. see Resolution Book So. 26. page 144.) Mr. Young moved the adoption of the Resolution. The motion mas seconded by Mr. Pollard and adopted by the followiug vote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Wheeler. Young and Mayor Stoller ........................... 7. NAYS: None ...................O, AIRPORT: ~he City Manager submitteda written report, advising that in furtherance of a meeting with the Airport Committee he has applied to. the Federal Aviation Agency for a project at Roanoke Municipal (M,,drum) Airport for the 1963-64 fiscal y~ar in the amount of. $260,000,.o£ which the city*s part would be said project to 9onslst of necessary !and and easements to the north of the Airport, a strip of land running northwest-southeast along the westerly boundary of the existing run.ay and the paving of a certain area adjacent to the ramps lo order to have more gate spac~, the City R.anager stating that the Airport Committee has con- curred in his recommendation and that at an appropriate time he will present to Council the necessary information for its consideration for confirmation. On motion of Mr. Young, seconded by Mr. Wheeler and unanimously adopted, the report was filed. CITY JAIL: Council having previously authorized the City Sergeant, for and on behalf of the City of Roanoke, to enter into o contract with the Federal Government for a period not to exceed three years beginniog as of April l, 1962, covering the safekeeping, care and subsistence (but not the medical treatment) of Federal prisoners in the Roanoke City Jail at a rate of $1.50 per day,.aod the City Sergeant having advised Couocil that the average cost per prisoner per day is excluding salaries and insurance, the City Manager submitted a written report, advising that he has been informed by the City Auditor that the actual daily cost per prisoner per day, including these items, as well as medical treatment, is and recommended that the city enter into a new contract with the Federal Government for the care of Federal prisoners in the Roanoke City Jail at a rate of $1.73 per prisoner per day. On motion of Mr. Wheeler, seconded by Mr. Oillard.and unanimously adopted, the matter was referred to the City Manager and the City Sergeant to negotiate with representatives of the Federal Government with a view of ascertaining whether or not the Federal Government would be willing to pay $1.73 per day for the care of Federal prisoners in the Roanoke City Jail. STATE HIGHWAYS: Council having appointed a.committee to confer with the Commissioner 9f the Virginia Department of Highways, or go before the members of the State Hlghmay Commission, in meeting, and seek approval of the proposed midenin and channeling of Orange Avenue, N. E., west Of Williamson Road to the Interstate Route 581 project, leaving an opening in the median strip at Courtland Road for a trial period, the City Manager submitted a mritten report, together mlth the following communication from the Virginia Department of Hlghnoys: "February 8, 1963 City Manager Roan*he, Virginia Dear Mr. Omens: You mill recall that in our meeting on January 6, me agreed to reconsider your request for an urban Federal-aid project on Orange Avenue, based on your Plan ToEoC.-No. 123, nhich provides an openiog in the median at Courtland Road. A request for program approval of this plan mas submitted to the Bureau of Public Roads on January 24, and Mr. Sullivan bas informed us, by letter dated January 31, that approval mas denied because they understood the project, with an opening at Courtland Road, would adversely affect the operation of the interchange with Interstate Route 591 and Orange Avenue. We propose to resubmit our request for program approval to them and are mom in the process of assembling certain traffic data which will whom the turning movements from the Interstate The foregoing is to keep you informed of events since our meeting. Sincerely, $! J. £. Johnson J. E. Johnson State Urban Engineer' On motion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted, the report was filed. REPORTS: The City Manager submitted a written report, transmit,in9 a report of the Department of Public Welfare for the month of December, 1962, and listing monthly departmental reports on file in his office. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the report mas filed. CITY PROPERTY: Council having referred a list and map of all city-owned property located mi,him the city to the City Planning Commission with the request that the Commission reviem said properties and recommend to Council those properties not needed for future expansion of various city departments such as the Fire Department, the Department of Parks and Recreation and the Roanoke City School System, the City Planning Commission submitted the following report: "February D, 1963 The Honorable Hurray A. St*lief, Rayor. and Rembers of City Council Roanoke, Virginia In its January 23, 1963 meeting the City Planning Commission discussed your request tn study, the list of city-owned properties and recommend to you mhich parcels are not needed for future expansion of city facilities. The City Planning Commission studied this matter at length and arrived at the conclusion that it mould be premature to recommend on the disposal or future use of city property because of the lack of pertinent information. Not only is it necessary to have as basic information a capital improvements program and a com- munity facilities plan but also more detailed development plans 229 230 for schools, park and rectus,ion ureas, brunch libraries, fire stations, and psblic buildings. Much of this information will be elaborated.us:the planning program proceeds. A major highway plea Is scheduled [or completion by August ]g63. A load derel- opm~nt plum will be published in about three months. A regional park and open space study is proposed to he initiated in the near future. The City Planning Commission, therefore, recommends to City Council that u study of the disposal of city-owned'property be undertaken ut the time when all the necessary ln(ormatinn mill be available for realistic recommendations. In the meantime. the City Planning Commission mill be glad to advise on the future · use of individual pieces of city property if their disposal should become an lssueo . Respectfully submitted, S/ Warner K. Sensbach for Harold ~, llill Chairman# On motion of Mr. Jones, seconded by Mr. Dillard and unanimously adapted, the report was received and filed. REPORTS OF COMMITTEES: GARBAGE REMOVAL: Council having previously referred to a committee composed of Messrs. Mai,er L. Young. Chairman. Arthur S. Owens. Hi Cie,us Broyles and Oueford B. Thompson, for tabulation and report, bids received on delivering to the City of Roanoke seven 1B-cubic yard Refuse Bodies mounted on truck chassis to b( supplied by the city, the committee submitted the following report: "February 13, 1963 To Yhe City Council Roanahe. Virginia Gentlemen: You referred to the below Committee bids received on seven Refuse Hodles which bids were opened and read before City Council at its meeting on February 4, 1963. Truck Equipment Corporation is the low'bidder, meeting specifi- cations, for furnishing and mounting seven (T) new R~fuse Bodies at the sum of ~25,4BO. 00, less two percent for payment within ten days from date of delivery, or a net cost of $24,970o40, Fo go Bo Roanoke, Virginia. The City now owns three (3) trucks mith cylindrical type bodies, and since more are needed our specifications called for this type. Trucks with cylindrical typ~ bodies have better clearance and, therefore, travel through narrow alleys and by trees, with low branches, much easier than the square type bodies. There are other features of the cIlindrical type bodies which are advanta- geous to the City of Roanoke. The Committee recommends that the bid from Truck Equipment Corporation be accepted for furnishing and mounting seven new ~efuse Bodies, C~MMITT[E: S/ Walter L, Young, Walter L. Young. Cbuncilman-Chairman S/Arthur S~ Owens Arthur So Owens. City Reneger S~ B~ Cie,us Bro¥1es H. Cletus Broyles, Director of Public Horks S~ G~ H~ ~hompson Bueford B. Thompson, Purchasing Agent" In · discussion of the matter. Mr. Young. Chairman of the Committee. pointed out that the city now has thirty 9arbsge collecting trucks, that three of these nrc of the cylindrical type and tme~ty=seren have either square or rectangular bodies, that both types are d,in9 · 9,od Job. but only the three cylindrical ones can be used on some of tke garbage collection routes becnuse of existing clenr~nces. primarily overhanging garuge roofs and tree branches, consequently, lom-capaclty. open-top dump trucks am being used on some of these routes, mhlch type of operation is very expensive since it takes Just us much time for the truck math the lighter load to carry its load to the incinerator or dump and return to the route as it does the trucks handling much larger loads, that the committee is recommending that the cylindrical refuse bodies be purchased so that the city can dispense with all open- top dump trucks non used In r211ectlng garbage, and that the city would then have the proper balance between the round refuse bodies and the rectangular refuse bodies iand. in the future, c,mid buy either kind. depending on the type needing to be :replaced ut that particular time. In this connection. Mr. R. Paul Fultz, Sr.. representing the Baker Equip- ment Engineerin9 Company. contended that the bid of his company for furnishing rectangular refuse bodies at a net price of $23.7?5 is the lowest responsible bid and discussed the alleged merits of the retangulur type refuse body as opposed to those of the cylindrical type body. Mr. W. H. Eborn, representin9 the Truck Equipment Corporation. successful bidder, discussed the alleged merits of the cylindrical type refuse body us opposed to those of the rectangular type body. Rt. H. Cletus Broyles, Director of Public Works, Mr. Milton E. Showalter. Superintendent of the Sanitation Department. and Mr. George P. Spradlin. Superin- tendent of the City Garage, supported the remarks made by gr. Youn9. After a lengthy discussion of the matter, Mr. Young offered the follosing emergency Ordinance: "AN ORDINANCE accepting the proposal of Truck Equipment Corporation to furnish and supply to the City and to install on the City*s truck chassis seven nam refuse truck bodies for the sum of $25.450, less payment discount; authorizing the execution of the requisite purchase contract; rejecting all other bids for the furnishing of said equipment; and providing for an emergency. WHEREAS, bids having been obtuined by the City, after proper advertisement therefor, for the sale and delivery to the City of seven refuse truck bodies in accordance with the City*s specifi- cations, which bids were referred to a committee appointed by the 232 1. That the proposal of Truck Equipment Corporation to furnish amd supply to tbe City, and to mount or Install on the Clty*s ann truck chassis, seven neu 18-cubic yard Truxmore Pskhor refuse track bodies, painted nad.installed to the City*s speci- fications advertised therefor at a purchase price of $25,490, less tun per cent discount rot payment uJthin ten days otter delivery f.o.b, to the City Garage. Roanoke, Yirglnie, with Federal excise tax exemption certificates provided by the seller, be, and said proposal is hereby accepted; 2. That the City Purchasing Agent be, and be is hereby author- ized and directed, for and on behalf of the City, to execute and issue to the aforesaid successful bidder n requisite purchase order for the aforesaid equipment in nhich shall be embodied the City's specifications therefor, said bidder*s proposal and the terms of this ordinance; nad 3. That the proposals of all other bidders for the furnishing of the aforesaid equipment to the City be, and the same are hereby rejected. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in foil force and effect upon its passage.' Mr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and lost by the following vote: AYES: Messrs. Garland, Pollard. Young and Mayor Stoller NAYS: Messrs. Dillard, Jones and Wheeler ..........................3. After a further discussion of the matter, Messrs. Jones and Mheeler protesting that only six new garbage trucks were provided for in the 1963 budget and $2.455.40. and there being some question as to uhether or not the city could get the same unit price from the Successful bidder on six qarbage trucks rather than s~ven as suggested by Mr. Young. Mr. Wheeler moved that all of the bids be rejected and that the matter be referred to the City Attorney for preparation of the proper measure. The ~otion was seconded by Mr. Pollard ~nd lost by the follo~ing vote: AYES: Messrs. Dillard, Pollard and Wheeler ........................ 3. NAYS: Messrs. Garland. Jones. Young and Mayor Stoller ............. 4. Mr. Garland then moved that the following Ordinance accepting the proposal of the Truck Equipment Corporation for furnishing and mounting seven new refuse bodies be placed upon its first reading: (315125) AN ORDINANCE accepting the proposal of Yruck Equipment Corporatidn to furnish and supply to the City and to install on the Clty*s truck chassis seven new refuse truck bodies for the sum of $25,480, less payment discount: authorizing the execution of the requisite purchase contract: and rejecting all other bids for the furnishing of said equipment. WHEREAS. bids having been obtained by the City, after proper advertisement therefor, for the sale and delivery to the City of seven refuse truck bodies in accordance with the City's specifications, which bids were referred to a committee uaw 18 cubic-yard Traxwore Puhker refuse truck bodies, painted and installed to the Cltyts specifications advertised therefor at a purchase price of $25,480, less tug per cent discount for pals, nS mithin ten days after delivery f.o.b, to the City Garage, Roanoke, Virginia, with Federal excise tax exemption certificates provided by the seller, be, and said proposal is hereby accepted; 2, That the City Purchasing Agent be, and he is hereby.authorized and directed, for and on behalf of the City, to execute and issue to the aforesaid successful bidder a requisite purchase order for the aforesaid equipment in which shall be embodied the Cityts specifications therefor, said bidder*s proposal and the terms of this ordinance; and 3, That the proposals of all other bidders for the furnishing of the aforesaid equipment to the City be, and the same are hereby rejected. T~e motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Garland, Pollard, Young and Mayor St*lief ............... NAYS: Messrs. Dillard. Jones and Wheeler .............................. GARRAGE REMOVAL: Council haydn9 referred to a committee composed of Ressrso Walter L. Young, Chairman, Arthur So Owens, 1t. Cletus Droyles and Duel*rd D, Thompson, for tabulation and report, bids received on furuishin9 seven new two-ton truck chassis, the committee submitted a written report, advising that the Diamond Chevrolet Corporation is the low bidder at a net price of }25,485, f.o.b., Richmond, Virginia, and recommending that the bid of Diamond Chevrolet Corporation be accepted Mr. Yuan9 moved that Council concur in the recommendation of the committee and that the following Ordinance be placed upon its first reading: (~15126) AN ORDlNANCEaccepting the proposal of Diamond Chevrolet Cor- poration for furnishing to the City seven (7) two-ton truck chassis at a price of $25,485,00, net; authorizing the execution of the requisite purchase contract; and rejecting all other bids. WHEREAS, the City having obtained various bids as the resul~ of public advertlsememt as required by law for the supplying to the City of the truck chassis hereinafter mentioned, all of which bids have been tabulated andstudled by a committee appointed by the Council and said committee has reported to the Council that the hid hereinafter accepted is the lowest and best bid made to the City and meets the Cltyts specifications established therefor; and WHEREAR, funds sufficient for the purchase of the said equipment have heretofore been appropriated by the Council for such purpose. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the proposal Of Diamond Chevrolet Corporation to sell and deliver to the City seven (7) 1963 Chevrolet t~o-ton cabs and chussis, eq~pped according the City*s specifications, less Federal excise tax and less the City's specified trade-ins, to be delivered to the City in care of Truck Equipment Corporation, Richmond. Virginia. for a purchase price of $25.485.00, net, f.o.b., Richmond, Virginia. be. and said proposal is hereby ACCEPTED; 233 234 2. That the City Parcknsin9 Agent be. and be is hereby antborized and directed0 for and on behalf of the City, to execute and issue the requisite purchase order to the aforesaid successful bidder embodying all of the terms of the Cityts specifications and said bidders*s prop*sol relating to the Cityes purchase of the aforesaid equipment upon the terms and provisions herein provided; and 3, That the proposals of all other bidders for the supplying of the aforesaid equipment be. and the same are hereby REJECTED, The motion was seconded by #r, Garland and adopted by the follouing vote: AYES: #essrs. Garland, Pollard, Young and #ayor Stoller ................4, NAYS: Ressrs. Dillard, Jones and Mheeler ............................... Mr. Young then moved that the foil*ming Ordinance transferring $2,000,00 from VehicularEquipment - Replacement under Section ~60. "Police Departuent~," and $455.40 from Section $167. *Contingencies** to Vehicular Equipment - Replacement under Section ~97, *Refuse Collection and Disposal,' of the 1963 budget, be placed upon its first reading: (~15127) AN ORDINANCE to amend and reordain certain sections of the 1963 Appropriation Ordinance. DE IT ORDAINED by the Council of the City of Roanoke that the foil*win9 sections of the 1963 Appropriation Ordinance, be, and the same are hereby, amended and reorduined to read as follows, in part: POLICE DEPARTMENT nCO Vehicular Equipment - Replacement ...... ,, .... ,, ..........$ 16,U50.00 REFUSE COLLECTION AND DISPOSAL Vehicular Equipment - Replacement ........................ $ 65.455.40 CONTINGENCIES =167 ........... ................... · ...... .*.. $155,740.60 Yhe motion was seconded by Mr. Garland and adopted bi thc following vote: AYES: Messrs. Garland, Pollard, Young and Malor Stoller .......... ~ ..... 4. NAYS: Messrs. Oillard, Jones and Nheeler .............................. 3. RATER DEPARTMENT: Council having previously referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Arthur So Owens and D. Cie*us Broyles, for tabulation and report, bids received an miscellaneous, small area improved hard surface street and sidewalk restoration occasioned by the normal daily operations of the Mater Department, the committee submitted a written report, together with a tabulation of bids showing the Adams Construction Company,in the amount of $26,561 as low bid, and recommended that the bid of Adams Constrhction Company be accepted. Mr. Pollard moved that Council concur in the recommendation of the commit*, and offered the following emergency Ordinance: (nlSl2U) AN ORDINANCE accepting the proposal of Adams Construction Conpan) for performing miscellaneous, small area improved bard 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 Dook No. 26, page 145.) Mr. Pollard moved the adoption or the Ordinance. The motion was seconded by Mr. Mheelev and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, ~heeler, Young and Mayor Stoller~ ................................ ?. NAYS: None ...................O. POLICE DEPARTMENT: Council having previously referred to a committee composed of Messrs. Robert A. Garland, Chairman, Arthur S. Owens, H. Cie,us Droyles, Rumford D..Thompson, J. D. Sink and F. H. Mebb, for tabulation and report, bids received on five police automobiles, one police solo motorcycle, one police motor- cycle servi-car and one self=propelled traffic marking paint machine, the committee Submitted a written report, recommending that the Iow bid Of Fulton Motor Company, Incorporated, for furnishing five police automobiles at a net price of $11,262.57; the bid of Butterfield*s Cycle Store for furnishing one police solo motorcycle at a net price of $1,460.00; and the bid of Butterfleld*s Cycle Store for furnishing one police motorcycle *errS-car at a net price of $1,5~5.75, be accepted. Mr. Garland moved that Council concur in the recommendations of the committee and offered the following emergency Ordinance: (#15129) AN ORDINANCE providing for the City*s purchase of five police automobiles, one police solo motorcycle and one police *errS-car upon certain terms and conditions; rejecting certain bids received for the furnishin9 of certain other equipment; and providing for an emergency. (For foil text of Ordinance. see,Ordinance Rook No. 26, page 146o) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones, Pollard, Wheeler, Young and Mayor Stoller .......................... ?. NAYS: None ................... O. In this connection, Mr. Wheeler stated it has come to his attention that specifications on a pickup truck for t~e Game Warden, for which bids have been received by the Purchasing Agent, .call for automatic transmission, and moved that the City Manager be directed to negotiate with the ION bidder for a pickup truch with straight drive. The motion was seconded by Mr. Dillard and unanimously adopted. GARBAGE REMOVAL-PARKS AND PLAYCROUNDS: Council having directed the preparation of the proper measure authorizing the committee composed of Messrs. Vincent S. Mheeler~ Chairman, Roy R. Pollard, St** and Benton O. Dillard to have prepared plans and specifications for modernizing two units Of the city incinerator and constructing a shed and refuse storage bin adjacent to the west side Of the incinerator building, in order that bids may be obtained on the project, the com- mittee submitted a written progress report on the preparation of the plans and specifications. 235 236 On lotion of Mr. Rheeler. seconded by Mr. Dillard n,d unnnflonsly adopted. the report les filed. UNFINISHED BUSINESS: NONE, CON~IDEgATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OP ORDINANCES AND RESOLUTIONS: SIGNS: Council having directed the City Attorney to prepare the proper measure grantic9 the Valley Junior Woman's Club permission to place a banner across the intersection of Jefferson Street and Church Avenue on June 14-July 1. 1963. in connection mith the Miss ¥lrglain Pageant. he presented same; whereupon. Mr. Mba,let offered the following Resolution: (alSlJO) A RESDLBTIDN authorizing the City Manager to permit The Valley Junior Moman's Club to Install a banner across Jefferson Street in connection with the Miss Virginia Pageant. (For full text of Resolution. see Resolution Boob Wo. 26. page 147) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Rr, Young and adopted by the following vote: AYES: MesSrso 6aField, Jones, Pollard, Wheeler, Young and Mayor Stoller ................................ NAYS: Mr. Dillard ...........1. MOTIONS AND MISCELLANEOUS BUSINESS: COUNCIL: Council having agreed to hold night meetings during the months of January and February on a trial basis, Mr. Jones stated that he feels a fair compromise would be to hold one night meeting a month at 7:30 p,m., and to hold the other regular meetings during the day at 2:00 p,m. Mr. W. M, Mattox appeared before Council and stated that he is in favor of night meetings because they give citizens an opportunity to see their governing body in action, Mr. Dillard stated that he is in favor of night meetings because he feels it gives the public a better opportunity to attend Council sessions and will not conflict mith court sessions of the Circuit Court. Mr. Garland stated that he feels the night meetings have proved to be a success and that he is in favor of them. Rayor Stoller stated that the public has shown a lively interest in night Council meetings and that he would like to see them continued for at least another Imontho Mr. Jones stated that he feels it is unfair to the city employees who have to attend night meetings of Council and be on the job at 6 a.m° the next day, that he has received a number of telephone calls stating that a compromise of one night meeting a month is a good one. Mr. Mheeler stated that he does not feel night meetings are fait to the press who have a deadline to meet and that he feels night meetings should only be bela occasionally when there are matters of extreme interest to the public on the agenda. Mr, Young stated that he cannot see where the night meetings have drawn unusual crowds other than for the purpose of discussing the closing Of the MashJngto Park Dump, The matter having been discussed at length° and the advocates of night meetings Indicating a mlllfagaess to hold one might meeting a mouth as a compromise, Hr, Jones offered the following emergency 0rdJnance: (n15131) AN ORDINANCE amending and reordaining Rule I of Section 2, Chapter 4, of Title II of The Code of the City of Roanoke, 1956. relating to regular meetings Of the CiW Council; and providing for an euergencl, (For full text of Ordinance, see Ordinance Cook No, 26, page 147.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler. Youn9 and MaNor Stoller ........................... NAYS: None ...................O. ACTS OF ACKNOWLEDGEMENT: Mr. Garland pointed out that the Congress of the United States has under consideration making Sir Winston Churchill. former Prime Minister of Britain. an honorary citizen of the United States, and suggested that Council adopt a Resolution making Sir Winston Churchill an honorary citizen of the City of Roanoke in order to ~rom~t thc President and Congress to make him an honorar citizen of the United States. There being some question as to ~hether Council can legally make anyone a citizen of the City of Roanoke, Mr. Garland moved that the City Attorney be directed to prepare the proper measure urging the Congress of the United States to extend the title of Honorary Citizen of the United States of America to Sir Winston Churchill. The motion was seconded by Mayor Stoller. mho relinquished the Chair, and unani- mouslI adapted. COUNCIL: Rr. Garland stated that he has asked the CRtI Clerh to place on the agenda a request that the City Attorney be instructed to prepare the proper measure to require all Democratic members of City Council to hike to and from Counci meetings each Monday night in order to keep up the tradition of the Democratic Partll but realizing that such a motion will be defeated, he wishes to withdraw the request~ for a term of three lears ending December 31, 1965, and Messrs. Eugene S. Brown and J. Garry Clay as members of the Board of Housing and Hlgiene for terms of two lears each ending January 31, 1965o On motion of Mr. Dillurd, seconded by Mr. Jones and unanimously adopted. the report was filed. ZONING: Council having preriously 9ranted the request of Mr. and ~rs. Claude A. Hodges that property located on the mest side of South Jefferson Street, 237 238 south of Twenty-second Street0 described os Lots 17, 18, 19 and 20, Block Crystal Spring, Official Tax Nos. 1051011, 1051010, 1051009 and 1051008, be rezoned from General Residence District to SPecial Residence District, upon being advised that one parking space per apartment unit would be furnished, Mtn Young stated that he has been Informed that the property owners do not plan to furnish off-street parking for the apartment units end moved that the City #manger be directed to contact the property owners with a view of ascertaining whether or not they have changed their minds about furnishing orr-street pnrbing on their property. The motion .as seconded by Hr. ~heeler and unanimously adopted. On motion cf Mr. Dillard, seconded by Rro Jones and unanimously adopted, the meetingwas adjourned. APPROVED ATTEST: COUNCIL, REGULAR MEETING, Honday, February 25, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chaober in the Runiclpal Building, Monday, February 25, lgb3. at 7:30 p,m., with Rayor St*liar presiding. FRE~£NT: Messrs. Oillard, Garland, Jones, Pollard, Wheeler, Young and Rayor St,lief .............................. 7. ABSENT: None ....................O. OFFICERS PRESENT: Mr. J, Robert Thomas, Actin9 City Manager and City Auditor, and Mr, James N. KJncanon, Assistant City Attorney. INVOCATION: The meeting was opened with a prayer by the Reverend F. D. Dillard, Jr., Associate Pastor, Greene Memorial Methodist Church. HEARING OF CITZZENS UPON PUflLIC MATTERS: SEWERS AND STORM DRAINS: Council hauiu9 previously set a public hearing for 7:30 p.m., February 25, 1953, on the question of constructing an U-inch sanitary sewer to serve that portion of Uazelridge Road, N. W.. between Frontier Road and Hershberger Road, and, also, that portion of Oaklawn Avenue, N, ~., between Hazel- ridge Road and Winsloe Drive. the cost of which, if ordered and when such cost shall have been ascertained as provided by law, is to be assessed or apportioned between the city and those landowners abutting or served by said improvement, and proper notice of the public hearing having been given pursuant to Section 15-674 of the Code of Virginia, the matter was before the body. In this connection, Mr. U. Cletus 8royles, Director of Public Works, appeared before Council and read the following prepared statement: "February 25, 1963 RESUME' OF BAZELRIOGE ROAD SEWER PROJECT For several years, certain citizens living on Hazelridge Road have expressed an interest in the City of setting up a se~er project to serve the Dazelridge Road area. I have been informed that some of the septic tanks in the area are blowing up - giving trouble and creating a health hazard. A petition dated October 1, 1962, signed by thirty-six (36) · persons, was turned in to the City requesting that sesers be constructed on Hazelridge Road. Attached is a copy of the petition together with Mr. Owen*s acknowledgment dated October 4, 1962. An item of $20,000 was included in the 1963 Budget for this project. On January 21, 1963, bids were received on the Hazel- ridge Road Sewer Project with the low bid submitted by Draper Construction Company in tbe amount of $2b.142.50. Pending the public hearing before City Council, formal action of awarding the contract to Draper Construction Company has been postponed. In connection with this project, there are ten lots over which an easement for this sewer line must be acquired. In January a representatire from the City Engineering Department approached the owners of these respective lots in regard to donating the easement to the City without cost. One or two of the owners asked the City representative if they gave their land for 239 240 easemenL to the City uouldntt that eliminate their part of the assessment, The City representative mistakenly replied that he thought it did, Several years ago this used to be the policy, bat since the value of the tamer assessment in most cases far exceed the value of the sewer easement, this policy was changed, We now pay for the easement and the owner in turn pays his sewer assessment. As soon as I learned of this situation, 1 had the City representative go back to each of the parties involved In the sewer easements and explain the matter in detail to them, It was learned that many people in the Hazelridge Road area, other than the ones involved with the easementst had the mistaken idea that the sewer would be put in by the City at no cost to them (the owners), On three or more occasions d~ring the lasL three months, have talked mith residents living on Haaelridge Road about the sewer project and in each case I was specific to pol~ out that the property owners would have to pay one half the cost based on the unit cost per froot foot of lot. · An appraisal has beeo made by ar, William W, Hall as to the value of each of the ten easements involved. These are as follows: LOT OW~£R VALUE 27 and 28 Turnbull $ 108,00 25 and 26 Campbell lOS. O0 23 and 24 Hicks 108.00 21 and 22 McCormick IOH, OO 19 and 20 Hyrd 106.00 17 and 18 Wilkins 104.00 15 and 16 Austin 108,00 13 and 14 Graves Const. Corp. 10§.00 11 and 12 Bowles 8, 9, and 10 Brandon Co., Inc. 230~00 TOTAL $1196.00 It should be noted that most of these houses are ten to' fifteen years old. The average life of a septic tank is about the same length of time. Soon we can expect wholesale trouble in this area with the septic tanhs. Regardless of what the people may say, and how they may react at the public hearing, it is my judg- ment that in the long run it will be to the best interest of both the owners and the City to proceed with the sewer project. S/ Ht Cletus Hroyles Director of Public Works" Appearin9 in favor of the proposed sewer project were Ressrs. Fred L. Horton, John H. Harris, Jr., Jesse W~ Atkins, James A. Harris. William £. Freeman, Appearin9 in opposition to the proposed sewer project were Graves, Secretary-Treasurer of the Elois Graves Construction Company, Incorporated, C. E. Campbell. Mr. D, D. Tarnbull and Mr. s. H, Cannaday. The question being raised as to whether or not the city can proceed with the sewer project in view of so much opposition, the Assistant City Attorney adrised Council that the project can be carried out in one of three ways under the law; i.e.. the written consent of three-fourths of the affected property owners, a written agreement between the property owners and the city, or a majority vote of Council. Il ,! Mr. Atkins suggested that since most of the opposition comes from property owners on both sides of Hazelrldge Road, N. N., north of Oaklawn Avenue, that this portion of the project be dropped, as well as that portion on both sides of Oaklamn Avenue, R. M., east of Hazelridge Road, and that the semer project be constructed to serve properties on both sides of Hazelrldge Road, betmeen Frontier Road and Ouklawn Avenue. and on Oaklawn Avenue, be,mean Hazelrldge Road and Mlnsloe Drive. After a further discussion of the question, the Director of Public Works estimating that a new septic tank mill cost between $400. OO and $450.00, as compared with the cost of the sewer project against each property owner, Mr..Dlllard moved that the bearing be continued until the next regular meeting of Council, and that. In the meantime, the City Manager negotiate with the low bidder on the sewer project as to cost if the northern portion of the project is eliminated. The motion was seconded by Rt. Wheeler and unanimously adopted. Mr. Dillard then moved that the City Manager he directed to furnish each of the affected property owners with the estimated amount of the assessment proposed to be assessed against their property. The motion was seconded by RF. Pollard and unanimously adopted. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mrs. Mary B. Moses, Real Estate Ag. ut, representin9 the Yexanna Bryant Heirs, reque~tin9 that property located at 3108 Franklin Road, S. M., designated as Official Tax NO, 1300402, be rezoned from General Residence District to Business District, was before Council. On motion of Mr. Jones, seconded by Mr. Garland and unanimously adopted, the request for rezonin9 was referred to the City Planning Commission for study, report and recommendation to Council. GARBAGE REMOVAL-PARKS AND PLAYGROUNDS: A communication from the Reverend Hugh E. Nichols, Pastor of the Melrose Avenue Methodist Church, advising that the Official hoard of the Melrose Avenue Methodist Church supports City Council in its effort to close Mashing,on Park Dump by June l, 1963, and asks that effective action be taken to make this a definite closing date and not a tentative closing date, was before Council. In this connection, Mr. Nichols appeared before Council and voiced the personal opinion that the dump should be closed with all reasonable haste. Mayor Stoller advising Mr. Nichols that Council has every intention in the world of doing everything it can by June 1, 1963, Mr. Garland moved that the com- munication be filed. The motion was seconded by Mr. Jones and unanimously adopted. ANNUAL REPORTS-MATER DEPAR'YRENT: A communication from Mr. R. E. Pillow, Manager, transmitting the annual report of the Mater Department for the year 1962, was before Council. On motion of Mr. Wheeler, seconded by Mr. Dillard and unanimously adopted, the comnnnicution end report were filed. HOUSING-SLUR CLEARANCE: A communication from Mr. Russell R. Henley, Executive Director of the City 'of Roanoke Redevelopment and Housing Authority, 241 242 transmitting i statement on the recoupment (rom the City o( Roanoke of the odranco by the Housing Authority of the cost of off-site improvements by application of payments due the city by the Authority in lien of taxes on Projects Va. 11-1 and Va. 11-2 for the fiscal year ended September 30, 1962, was before Council. .On motion of Mr. Jones, ~econded by Mr. Garland and unanimously adopted, the.communication and statement were filed. REPORTS OP OFFICERS: , DELIN@UKNT TAXES:. The Acting City Manager submitted a written report of the City #anager,.recommendleg that the City Attorney be authorized and directed to suits ~n equity to be Instituted and conducted for the purpose of enforcing th* city's lien for delinquent taxes and other assessments against property located on the southeast corner.of Pocahontas Avenue and Sixth Street, N. E., described as part of Lots I and 2. Block 11, Lynwood. Official Tax NO. 3041801. Mr. #heeler moved that Council concur in tbe recommendation of the City #anager and offered the following Resolution: (m15132) A RESOLUTION authoFizin9 and directing the City Attorney to a s~lt in equity to be instituted and conducted for the purpose of enforcing the CJtyts lien for delinquent taxes and other assessments against certain property standing in the name of Thomas Whitebead. (For full text of Resolution. see .Resolution Book No. 26, page Mr. ~beeler moved tbe adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones, Pollard, Wheeler, Young and Mayor Stoller ............................. NAYS: None ..................... 0. SALE OF PROPERTY: The Actin9 City Homager submitted a written report of thc City Manager, transmitting an offer from the Dukes and Earls Club. IncOrporated, for the purchase from the city of property located on the north side Of Moorman Road N. N., between Thirteenth Street and Fourteenth Street~ described as Lots inclusive, Block 23. Melrose. for *be sum of In this connection. Mr. Robert G. martell, representing the Dukes and Earl Club, appeared before Council and read a prepared statement, advisin9 that the member wish to purchase the property in question in order to build a private club thereon for its membership composed of approximately 4S men who are all taxpayers, voters and sound citizens of Ro3noke. thatas of now the club can see no need nor any compelling reason to seek an ABC License, that this particular site is being sought because it will house the structure the club has in mind and provide ample parking ar~a, Mr. Burrel! concluding tbot if the amount offered for the property is the sole deterrent to a favorable judgment, the club requests permission to submit a revised offer after obtaining a qualified appraisal. Also speaking in behalf of the Dukes and Earls Club. was Mr. George R. Law, Mayor Stoller pointed out that he has received an offer of $20000 from th, Y.M,C.A. for purchate of the property in question for the purpose of constructing thereon a Negro branch of the Y,M,C.A** uhich offer was orgiaally made to the City Manager in March, 1962, The Acting City Manager advised that the terrain of the land in question makes it desirable for construction of such things as a fire station and that the oaJority of the Real Estate Committee, couposed of the City Attorney. the City Auditor and the City #meager, believes that the city should not dispose of the property as there may be a need for it in the future, the Acting Cltf Manager voicing the opinion that If the city Is ever required to purchase land in that area for municipal purposes it will have to pay a higher price than the offers now being made. Mr. J. II. Jones, a member of Melrose Baptist Church, stated that he would like tn see the petitioners have their clab, but pointed out that there are three ~hite churches in the area and that he does not feel the club should be constructed in such close proximity to churches. Rro Durrell replied that the proposed site is also in close proximity to three Negro churches, but that he does not feel the type Of club proposed will be objectionable to churches. After a further discussion Of the question, Mr. Burrell stating that his group mould like an opportunity to have the property appraised, Mr. Dillard moved that the matter be carried over until the next regular meeting of Council. 7he motion was seconded by Mr. Jones and unanimously adopted.- SALE OF PROPEBT¥-$TR£ETS AND ALLEYS: The Acting City Manager submitted a report of the City Manager, transmitting a communication from Mr E Criffith Dodson Jr., Attorney, representing the Diamond Plastics Industries, advising that for the purpose of the installation of a railroad siding his client has need of an unimproved strip Of city-owned land south of its premises at 4411Hollins Road, N. E., ~hich lies between the old Hollies Road and the ~esterly side of Ttnher Creek and extends from Preston Avenue, N. E.. on the north to the lands of Mr. Claude A~ Hodges, et al. on the south, being designated as Official Tax No. 3190317, and submitting an offer of $500 forsaid strip of land, the City Manager advising that the Real Estate Committee consisting of the City Attorney. the City Auditor-and the City Manager feel that the propert~ Jn question may be disposed of without damage to the city for $700, and that he has been authorized by Mr. Dodson to advise Council of his clientts Millingness to pay the sum of iTO0 for the property. Mr. Jones moved that the offer of $700 be accepted and that*he City Attor- ney be instructed to prepare the proper measure providing for the sale of the strip of land, The motion Mas seconded by Mr. Garland and unanimously adopted. EASEMENTS-SEWERS AND STORM DRAINS-INDUSTRIES: The Acting City Manager submitted a written report of the' City Manager, recommending that Council authorize the acquisition of a perpetual easement for a S-foot wide sewer right of way through 243 244 property of .the Appalachian Pomer Company berm,em Rlverland Road. So E.. and Boanoke River, to serve certain areas of the Roanoke Industrial Center, Mr. Pollard moved that Council concur .in the recommendation of the City Xanager and offered the foil*ming emergency Ordinance: (~15153} A~ OROINAWCE providing for the ocqulsltion of · perpetual **se- meat for a 5-foot mlde semer right of may through property of Appalachian Power Company located, between Rlverland Road, So E., and Roanoke River; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 26, page 153.) Mr. Pollard moved the adoption of the Ordinance. The motion mas seconded by Mr. Rheeler and adopted by the folloming vote: AYES: Messrs. Dillard, Garland. Jones, Pollard, Mb*el*r, Young and Mayor Stoller ......... ? ................. ?. NAYS: None ...................O. RUDGET-STATE HIGRMAYS: The Acting City Manager submitted a written report of the City Manager, recommending that }11.967.0! be transferred from the ContJngenc Fund to provide for payment of Progress Rill No. 4, covering the city'* share of the cost of improving Peters Creek Road, N. M,, between Relrose Avenue and Hershberger Road. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Drdinance: (~15134) AN ORDINANC£ to amend and veordain Section ~167, "Contingencies,' and Section ~170, "Capita/,* of the 1963 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book.No, 26. page 154.) Mr. Young moved the adoption of the Ordinance. The motion was secondedby Rr, Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... ?. NAYS: None .................. O. BUDRET-YRAFFIC ENGINEERING AND COMMUNICATIONS: The Acting City Manager submitted a mritten report of the City Manager, recommending that ~3,078.40 be transferred from the Contingency Fund to provide for the employment of a Radio Technician in the Traffic Engineering and Communications Department at a salary of $3,?12.D0 per annum, effective March 1, 1963. In this connection, Hr. H. Cletus Rroyles, Oirector of Public Works, and Mr. J. D. Sink. Superintendent of Traffic Engineering and Communications, appeared before Council and outlined the urgency for the additional employee. Mr.. Mheeler moved that Council concur In the recommendation of the City Manager and offered the following emergency Ordinance: (~15135) AN ORDINANCE to amend and reordain Section ~63, "Traffic Engi- neering and Communications," and Section =167, #Contingencies," of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dank No. 26 page 155.) Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Young ~nd adopted by the following vote: AYES: Hessrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7. · NAYS: None ...................O. APPOINTMENTS-HEALTH DEPARTMENT: The Acting City Manager submitted a mritten report of the CJ~y Manager, advising that he plans to appoint Dr. Roger C. Grady as Commissioner of Health on a part-time basis as of February 26, 1963, subJec to the confirmation of Council. In this connection, Mayor StolJer advised that he has received a communi- cation from the Roanoke Academy Of Medicine, stating that the Academy feels the appointment of a part-time Health Commissioner is unwise at this time since there is considerable influenza in the city which may become a serious public health problem, and relinquished the Chair to move that the City Attorney be instructed to prepare n Resolution authorizing the Gity Manager, in his discretion, to continue the employment of Dr. Margaret M. Glendy, Commissioner Of Health, on a month-to-month basis at her regular salary of $985 per month, without pension benefits, until a full-time successor can be secured. The motion was seconded by Mr, Jones. After a discussion of the matter, Mr. Dillard voicing the opinion that once the City Manager has made an appointment, as he has done in the case of Dr. Grady, Council has no authority under the City Charter to tahe any action other than to confirm or refuse to confirm such appointment, and Hr. Wheeler pointing out that such action mould be in violation of the provision of the Employees Retirement System requiring compulsory retirement at the age of 65. Mr. Wheeler offered a substitute motion that Council confirm the appointment made by the City Manager and offered the folloming Resolution: (~15136) A RESOLUTION confirming the appointment of Dr. Roger Co Grady as Commissioner of Health of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 26, page 155.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted, by the following vote: AYES: Messrs. Dillard, Jones, Pollard, Wheeler, Young and Vice Mayor Garland ......................................... NAYS: Stoller ........................1. STATE HIGHWAYS: Council having referred the'complaint of Mr. A. Simmons, 1105 Pleasant View Avenue, No W., that utility poles are being installed in front of the properties in the 1100 block of Pleasant View Avenue in connection with construction of Interstate Route 591, to the City Manager for investigation and report, the Acting City Manager submitted a written report of the City Manager, advising that the location of the utility poles is a part of the plans for Interstat, Route 561 and that he has little hope of placing the poles at the rear of the prop- erties in that bloch as suggested by Mr. Simmons, unless the added cost Jn a Sum Of approximately $5,000 is absorbed by the city, which he cannot recommend. 245 246 Mr, Young nOTed tbnt Council concur in the report of tho City Mnnegero The motion uae seconded by UFo Mheeler and unanimously edopted. CITY AUDITOR: The City Auditor Submitied. a monthly statement or the receipts nad disburuemente of the City of Roanohe for the fiscal period commencing January 1, 1963. and ended January 31, 1965. On notion of Mr. Young, seconded by Mr, Mheeler and unanimously adopted, the statement uae filed, REPORTS OF COMMITTEES: MATER DEPARTM£~?: Council having referred to a committee composed of Messrso Denton OD Dillard, Chairman, Roy Lo Webber. Walter L. Yonng and Arthur Owens, for study, report and recommendation, a request of the High Acres Development Corporation, developer of a subdivision adjacent to Cnyner Springs knomn as Peach Tree Valley, for permission to purchase water at Coyner Springs from the city to supply this subdivision, the committee submitted a written report, advising that the existing system at Coyner Springs is not designed for public supply, that the ram mater supply is more than ample for the city*s needs, but the treatment and delivery is the problem; therefore, the committee recommends that the request be denied. Mr. Pollard moved that Council concur in the recommendation of the commit- tee. The motion was seconded by Mr. Nheeler and unanimously adopted. POLICE DEPARTMENT-TRAFFIC ENGINEERING AND COMMUNICATIONS: The committee appointed to tabulate bids received for a self-Propelled traffic marking paint machine submitted the following report: #February 19, 1963 To the City Council Roanokee Virginia Gentlemen: You referred to the below committee bids received on one self- propelled Traffic Marking Paint Machine, which bids were opened and read before City Council at its me*tin9 on February 1963. The low bidder, meeting specifications, is Cary Dali Wachinery Company, Icc., who is bidding on the W-B Master 10 Traffic Marking Paint Machine for the sum of $6,51D.35 end on the optional equipment for the sum of $2,422.45, or a total of $8,940.60. This excludes the engine hood which is not recommended by the factory since the engine and air compressor areair coiled. Yhe padded seats for operator and assistant are furnished as standard equip- meat. It is the opinion of the committee that the trailer transport and driver's cab should be excluded; however, a rear platform extension and a tool box complete ~ith tools should be added. The cost of the machine will then read as folIows: M-B Master 10 Traffic Marking Paint Machine $6,518.35 Outboard Con Mount, Paint Gun uith 10 ft. ex- tension, Controls, Dead Hopper and Dispenser 570.45 Paint Loading Pump T40.50 Fire Extinguisher (20 pound dry chemical) 139.40 Rear Platform Extension 158.00 Tool Box. complete with all special tools 22,00 TOTAL $8,148.?0 Above prices are F.O.B. Roanoke, Virginia, nnd subject to terms of one per cent for payment mithin ten days from date Invoice is received and order completed. The committee recommends that the bid from Carl Hall Hachlnery Company, Ino, be accepted for the self-propelled Traffic Harking · Paint Hachlne with the equipment as outlined above. CO#HITTEK: Robert A, Garland, Councilman-Chairman S/ Arthur St Owens Arthur S. Omens, City Hanager S/ Hi Cletus Broyles ,. Cletus Broyles. Director of Public Works S~ Be Ot Thompson Hueford fl. Thompson. Purchasing Agent S~ J~ Bt Sink J, D. Sink, Superintendent. Traffic Engineering and Communications S/ F F. H. Webb. Superintendent of Police* Rt. Garland moved that Council concur in the recommendation of the com- mittee and offered the following emergency Ordinance: (g15137) AN ORDINANCE accepting the proposal of Cary Hall Wachinery Company. Inc.. to furnish and supply to the City a self-propelled traffic marking paint machine for the sum el ~8.140.~0. less payment discount; authorizing the for the furnishing of said equipment; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 156.) Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Ressrs. Dillard. Garland. Jones. Pollard. Wheeler. Young and Mayor St*Ilar ........................... 7. NAYS: None ................ MAT£R H£PARYR£NT: Council having previously referred to a committee and Raymond £. Pillow. for tabulation and report, bids received on furnishing and installing 9.093 feet of 16-inch cast iron feeder main and appurtenances in con- nection with the expansion of the Delray Nater System. the committee submitted a written r~port, together with a tabulation showing the bid of Hudgins and Pace. in the amount of $106.015. as Iow bid. and recommended that the bid of Hudgins and Pace Mr. Pollard moved that Council concur in the recommendation of the committ( and offered the following emergency Ordinance: (g1513~) AN ORDINANCE accepting the proposal of Hudgins and Pace. con- tractors, to furnish, construct and install approximately 9.093 feet of 16-inch cast iron feeder main and appurtenances in connection with the expansion of the City*s 247 248 mster distribution system; pror~dlog for the payment o( the cost of said Improvement authorizing the execution of the requisite construction contract; rejecting all ,the bids for the performance of said work; and providing for un emergency. (For full text of Ordinance. see Ordinance Book No.' 26. page 157.) Mr. Pollard moved the adoption 0r the Ordinance. The notion was seconded by Mr. [heeler end adopted by the following vote: AYES: Messrs. Olllard. Garland. Jones. Pollard. Mheeler. Young and Mayor St,lieF ........................... ?. NAYS: None ...................O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15122. ret,nan9 a tract of land located on the s,uti Official Tax No. 1620101. 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. Nheeler offering the f,Il,winO for its second reading and final adoption: (=15122) AN ORDINANCE to amefld and reenact T/tie X¥, Chapter 4, bectiofl of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance. see Ordinance Book No. 26, page 14H.) by Mr. Young and adopted by the f. Il.sing rote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Nheeler. Young and Mayor Stoller ........................... ?. NAYS: None ...................O. ZONING: Ordinance No. 15123, rezoning Lots l-O, inclusive, Block Melrose Land Company. Official Tax Nos. 2322001-2322007. inclusive, from General Residence District to Business District, and Lots g-16, inclusive, Block 71, Melrose Land Company. Official Tax NOS. 2322008-2322015. inclusive, from Special Residence District to Business District, said property being all of the land bounded by Orange south, and Twentieth Street on the west, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Young offering the follo~ing for its second reading and final adoption: (=15123) 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. 26, page 14g.) Mr. Nheeler and adopted by the following vote: Mayor Stoller ........................... 7. NAYS: None ................... GARBAGE RE#OVAL: Ordinance No, 15125, accepting the proposal of the Truck Equipment Corporation to furnish and mount seven new refuse bodies at a net price of $24,970,40, r.o.b,. Roanoke, Virginia, having previously been before Council for its first reading, read and luid over, was again before the body. Mr, Young offering the foil*ming for Its second reading end rinnl adoption: (n15125) AN ORDINANCE accepting the propnsal of Truck Equipment Corporati¢ to furnish and supply to the City nad to install on the City*s truck chassis seven new refuse truck bodies for the sum of $25.480, less payment discount; authorizing the execution of the requisite purchase contract, and rejecting all other bids for the furnishing of said equipment. WHEREAS. bids having been Obtained by the City, after proper advertisement therefor, for the sale and delivery to the City of seven refuse truck bodies in accordance with the Clty*s specifications, mhlch bids were referred to a committee appointed by the Council for tabulation and study, said committee baring now rep*rte( to the Council in writing that the proposal hereinafter accepted is the lo.est and best bid made to the City. meeting the specifications udvevtised therefor; and WHEREAS° funds sufficient for the payment of the purchase price beretnafte~i authorized have heretofore been appropriated by the Council for the purpose. THEREFORE. BE IY ORDAINED by the Council of the City of Roanoke as follows lo That the proposal of Truck Equipment Corporation to.furnish and new 18-cubic yard Truxmore Pakker refuse truck bodies, painted and Installed to the Clty*s specifications advertised therefor at a purchase price of $R§o480, less two per cent discount for payment ~ithin ten days after delivery f.o.b, to the City Garage. Roanoke, Virginia, uItb Federal excise tax exemption certificates provided by the seller, be. and said proposal is hereby accepted. 2° That the City Purchasing Agent be, and be ls hereby authorized and directed, for and on behalf of the City. to execute and issue to the aforesaid successful bidder a requisite purchase order for the aforesaid equipment in which shall be embodied the City*s specifications therefor, said bidder*s proposal and the terms of this ordinance, and 3. Yhat the proposals of all other bidders for the furnishin9 of the aforesaid equipment to the City be, and the same are hereby rejected° Mr. Young moved the adoption of the Ordinance. The motion Has seconded by Wr. Garland and adopted by the following vote. Mr. Wheeler stating that be is changing his vote. even though he is still opposed to an additional appropriation for the garbage trucks, because of his confidence in the committee recommending the ~urchase of same: AYES: Messr$° Garland, Pollard, Wheeler. Young and Mayor St*Ilar ........ NAYS: Messrs. Dillard and Jones ......................................... Mayor Stoller then relinquished the Chair and moved that Council reconsidel the Ordinance, The motlou was seconded by Mr, Pollard and adopted by the following 249 250 AYES: Messrs. Pollard. St011er. Young and Vice Mayor Garland ...........4. NAYS: Messrs. Dillard. Jones and Mheeler ...............................3. Mr. Young moved that Ordinance No. IS125 be amended to include an emergencl clause. The motion mas seconded by Mr. Garland and adopted by the following vote: AVES: Messrs. Garland. Pollard. Young and Mayor St*liar .................4. NAYS: Messrs. Dillard. Jones and ~heeler ................................5. My. V~ung then *fY,red the following emergency Ordinance. as amended: (~15125) AN OROINANCE accepting the proposal of Truck £quipment Corpora- tion to furnish and supply to the City and to install on tho City's truck chassis seven new refuse truck bodies for the sum of $25,480, less payment discount; author- izing the execution of the requisite purchase contract; rejecting all other bids for the furnishing of said equipment; nod providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 150.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Pollard, Mheeler, Young and Mayor Stoller ........5, NAYS: Messrs. Dillard and Jones ......................................... Ordinance No. 15126, accepting the proposal of the Diamond Chevrolet Corporation for furnishing seven new two-ton truck chassis at a net price of $25,465, f.o.b. Richmond, Virginia, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Young moved that Ordinance NO. 15126 be amended to include an emergency clause. The motion was seconded by Mr. Garland and adopted by the following vote: AVES: Messrs. Garland, Pollard, Young and Mayor 5toller ................4. NAYS: Messrs. Oillardt Jones and Wheeler ............................... Mr. Young then offered the following emergency Ordinance, as amended: (=15126) AN ORDINANCE accepting the proposal of Diamond Chevrolet Corpora- ~tion for furnishing to the Citl seven (7) two-ton truck chassis at a price of $25,4B5.00, net; authortzin9 the execution of the requisite purchase contract; rejecting all other bids; and p!oviding for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 151.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs. Garland, Pollard, Nheeler, Young and Mayor St*Ilar ........ NAYS: Messrs. Otllard and Junes ......................................... Ordinance No. 15127, amending and reordaining certain sections of the 1963 budget by transferring a total Of $2,455.40 in connection Mlth the purchase Of the ~even refuse bodies and truck chassis, having previously been before Conncil for its !irst reading, read and laid over, ~as again before ,the body. Mr. Youn9 moved that Ordinance No. 15127 be amended to include an emergency clause. The motion was seconded by Mr. Pollard and adopted by the following vote: ,I AYES: Messrs. Garland, Pollard, Wheeler, Young and Ma~or Staller NAYS: ' Wessrs, Dillard and Jones ....................................... Hr, Young then offered the f,Il,ming emergency Ordinance, as amended: (#1S127) AN ORDINAHC£ to amend end reordain certain sections of the 1963 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 26, page 152,) Hr. Young moved the adoption of the Ordinance. The motion mas seconded Mr. Garlnnd and adopted by the f,Il,wing vote: AYES: Beasts, Garland, Pollard. Mheeler, Young and Mayor St,lief NAYS: Messrs. DJllord and Jones ........................................2. ACTS OF ACENOWLEDG£MENT: Council'having directed the City Attorney to prepare the proper measure urging the Congress of the United States to extend the title Of Honorary Citizen of the United States of America to Sir Winston Churchill, he presented same. Mr. Dillard moved that the words *the Honorable' be changed to "Sir** The motion was seconded by Mr. Garland and unanimously adopted. Mr. Garland then offered the following Resolution: (~15139) A RESOLUTION endcrsJn9 a proposal that Sir Nlnston Leonard Spencer Churchill be offered honorary United States citizenship. (For full text of Resolution, see Resolution Book No. 26, page 158.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Jones and'adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler. Young and Mayor St,lief ........................... ?. NAYS: None ................... O. MOTIONS AHD MISCELLANEOUS BUSINESS: WATER DEPARTMENt: Malor 5toiler relinquished the Chair and moved that an item concerning Carries G,v*, which is not on the Agenda, be considered. The motion was seconded by Hr. Young and unanimously adopted. Mayor Stoller then pointed out that in the Annual Report Of the Commission( of Health, Dr. Margaret M. Glendy has advised that if funds for proper facilities at Carries Cove are not provided the Wealth Department has ordered the area closed for recreational purposes in 1963. In this connection, Mr. Young advised that the question of providing adequate sanitary facilities at Carvius Cove in an estimated amount of }16,000 was referred to a committee composed Of Dr° Charles M. Corn*il. Chairman, Mr° Roy L. Webber and Mr. Walter L. Young for study, report and recommendation, that the committee met at Carries Cove and examined the facilities and verbally agreed to recommend to Council the replacement of the toilet facilities with adequate toilets, the complete rebuilding of the concession standwith an outside patio to be added, the enlargement of the parking lot, and improvement of the picnic area and the road serving said area, but that the sritten report of the committee was never submitted to Council by its Chairman, 252 Mr, Jones advised Council that Mr, Benjamin Ho Bolen, Commissioner of Park In the Virginia Department of Conservation and Economic Deve.lopment, has indicated a uillingness to make a surve~ of the recreational /oclllties at CofFins Cove and work out a plan tot the development thereo! and moved that Mr, Bolen be Invited to woFk Mltb the above committe~ on a plan ~or the development ?f the recreational facilities at Carvlns Cove, The motion nas seconded by Mr+ Dillard and unanimously adopted, On motion of Mr, Dillard, seconded by Hr, Jones and unanimously adopted, the meeting nas adjourned. APPROVED ATTEST: k Mayor COUNCIL, REGULAR MEETING Monday, March 4, 1963, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, March 4, 1963, at 7:30 p.m., with Mayor Stoller presiding. PRESENT: Messrs, Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stoller ............................................ ABSENT: Mr. Young ....................... OFFICERS PRESENT: Mr, Arthur S, O~ens, City Manager, Mr, James N, Eincano! Assistant City Attorney, and Mr, J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Leroy Ashworth, Pastor, Belmont Christian Church. MINUTES: Copies of the minutes of the regular meeting held on Monday, February Iff, 1963, and the regular meeting held on Monday, February 25, 1963, having been furnished each member of Council, on motion of Mr. Garland, seconded by Mr. Mheeler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. II~ARING OF CITIZENS UPON PUBLIC MATTLRb: SEWERS AND STORM DRAINS: Council having continued until the present meeting a public hearing on the question of constructing an B-inch sanitary sewer to serve that portion of Dazelridge Road, N, M., between Frontier Road and Dersh- berger Road, and, also, that portion of Oaklawn Avenue, N, W,, between Bazelrldge Road and Winsloe Drive, the matter was again before the body. Appearing in opposition to the proposed sever project were Mr. C. E, Campbell, Mr, and Mrs. James A. Bowles, Mrs. H, M. Byrd, Jr., Mr. A, M. Dicks, Mr, D, D, Turnbull, Mr, S. H, Cannaday and Mr. Robert So Rader. A communication from Mr. and Mrs, M, D, Lundy, objectin9 to the proposed sewer project, was before Council, Appearing in favor of the project were Messrs. William E, Freeman, Via, Fred L. Horton, James A, Harris, Jesse W, Atkins, Jesse H. Row*t, Max M. Helms, Mr, and Mrs. Glen J, Conklin, Mrs, Sadie W. Taylor, Messrs, M. R, Slayton, E, L. H~rt, E, C, Peters, N, L. Wallace, R, F. Frink, Jr,, and John H. Harris, Jr. Communications from Mr. and Mrs. Edward E. Dunbar, Mrs. Ida R. Southern. Mr, and Mrs, Claude M. Painter, Mr, and Mrs. Lamma Adams, Mr. and Mrs, Leon C, Smoker, Mr. Robert C, Brammer, Mr, and Mrs. Carl D, Hodges, Mrs. il. G, Webb, Mr. an, Mrs. Garda O, Carlson, Mrs. Agnes M, Abbott, Mr, and Mrs, Emerson S. Smith, Mrs, Evelyn E, Booth*, Mr. and Mrs, Fred M, Lewis and Mr. Oo B. Bohnn, advistn9 that they are in favor of the sewer project, mere before Council. It appearing that most of the opposition to the proposed sewer project come from property owners on both sides of Hazelridge Road, N. M., north of Oaklawn Avenue, Mr. D. Cletus Broyles, Director of Public Works, advised that the Draper 253 254 Construction Company, low bidder on the proposed project, hum agreed to the same unit prl~es for the balance of the project in the event Council decides to eliminate the northern part of the project, which will reduce the cost of the project from $26,142,50 to $20.875,80. Ev~ryone present,having been given an opportunity to be heard, Mr, Dillard stated that he does not feel the property owners on the northern portion of Hazel- ridge Road should be forced to pay for n sanitary sewer if they do not want it and moved that Council eliminate the northern portion of the proposed sewer line from the project, approve the remaining portion thereof, direct the City Attorney to prepare the proper measure authorizing the construction of a sanitary semer to serve said remaining portion, and continue the public hearing until the next regular meeting of Council. The motion was seconded by BF. Jones, Hr. Garland protested that he does not feel Roanoke can be a modern city as l, ong as there are septic teaks in use throughout the city and offered a substitute motion that the entire project be approved as submitted, aayor Si. oiler relinquished the Chair to second the substitute notion, which was lost by the following vote: AYES: Mr. Garland and Mayor Stoller ....................................2, NAYS: Messrs. Dillard, Jones, Pollard and Wheeler ......................4. (Mr, Young absent) After a further discussion of the matter, the Director of Public Works warning that if the northern portion of the project is dropped the property owners in the remaining portion will have to pay an additional sum of between $5.00 and $10.00 as their proportionate share, the original motion as offered by Mr, Dillard was adopted by the following vote: AYES: Messrs. Dillard, Jones, Pollard and Wheeler ......................4. NAYS: Mr. Garland and Mayor Stolle.r ....... ~ ..................... . ....... 2, (Mr. Young absent) PETITIONS AND COMM,UNICATIONS: ZONING: A communication from Br. Ralph A. Glasgow, requesti.ng that iproperty located on the southeast corner of Chapman Avenue and Thirteenth Street, S, W., described as the northern part of Lots 7 and 8, Block 31, F. Rorer Map. Official Tax No, 1220301` be rezoned from Special Residence Oistrict to Business District, was before Council. Gu motion of Mr. ~heel~r, seconded by Mr. Garland and unanimously adopted, the request for rezoning was referred to the City Pla.nnin9 Commission for studT, report and recommendation to Council. ZONING: A petition of Mr. M. Courtney King, Jr,, At.torney, representing Mr, Fred T, Weihel, et al., requesting that prOPerty located between Shenandoah Avenue and Signal Hill Avenue, N. W., and Luckett Street and Juniper Street, describe as a part of Lots I and 2, the easterly 40 feet of Lot 5, and the easterly 40 feet o{ Lot 17, and Lots 6,.7, p, 9, 1~, 11, 12, 13, 15 and 16, Block 1, Signal Hill, be [retorted from General Residence District to Business District, was before Council. On motion of Hr. Garland, seconded by Mr, Pollard and unanimously adopted, the request for rezooing mas referred to the City Planning Commission for study, report and reconnendation to Council, CITY GOVERNMENT: A communication from Mrs, Ralph G, Stelnhardt, Jr,, President or the League of Marten Voters of the Roanoke arena transmitting a copy of the League*s new booklet, "The Roanoke Valley: A Rundbook for Citizens,' was before Council, Oa matron of Mr. G3rieudt seconded bI Mr. Rheeler and nnanlnoualy adopted, the City Attorney was directed to prepare the proper measure comuendin9 the League of Womeo Voters or the Roanoke area for a job Nell done. REFD~S AND R£BATES-LICEN5£ TAX£S: A communication from Hr. Irvin Stone. requesting that he be refunded $26.25. representin9 the license tax paid on February 19, 1963, for the operation of the Fifth Street Shoe Shine Parlor at 301 1/2 Fifth Street, N. W,, was before Council, Mr. Stone allegin9 that in renting the premises he was unaware that there were no toilet facilities available for the public and since the owner refuses to install a toilet he cannot operate a business at the location. Ou motion of Mr. Garland, seconded by Mr. Dillard and unanimously adopted. the request was denied. MATER DEPARTMENT: A communication from Mr. Jerry L. ~ilkinson, urqin9 that necessary steps be taken to keep the recreational facilities at Carvins Cove Op~n. was before Council. On motion of Hr. Pollard seconded by Mr. Jones and unanimously adopted, th communication was referred to the committee composed of Dr. Charles R. Cornell, Chairman, Mr. Roy L. Webber and Mr. Walter L. Young for consideration in the study it is making of improving the recreational facilities at Carvins Cove. lfl this connection, Mr. Garland moved that the question of establishing admission charge to Carvins Cove be referred to the above committee for study, repot and recommendation to Council. The motion was seconded by ~r. Jones and unanlmousi~ adopted. REPORTS OF OFFICERS: AIRPORT: The City Manager submitted a written report, together with the folluming communication from the Director of Public Works, requesting that the retained percentage on Project 9-44-012-11 at Roanoke Mnoicipal (Woodrum) Airport be reduced to include only that portion that is not complete: WINTERDEPARTMENT COMMUNICATION DATE: February 28, 1963 TO: Arthur S. Owens, City Manager FROM: H. Cletus Broyles, Director of Public Works Attached hereto is a copy of a letter from Adams Constructioo Company requesting that the retained percentage on Project 9-4d- 012-11 at the Roanoke Municipal (Woodrum) Airport be reduced to include only that portion that is not complete. 255 256 If you recullo n change order was.upproved ~! F, A. A, and the City extending this project to include sealing on the entire length of Runway 15-33; however, doe to cold weuther setting in before this work could be cccowpllshed, an extenulon of time was given Adams Construction Company in order that work could be carried over until warm weather in 1963, The work that ba's been accomplished by Adam's Construction Company is satisfactory on this project and since we have delayed the project by including the extra sealing, it is felt that Adams Construction Company should not be penalized beca.use of this delay. Therefore, it is recommended that Council be requested to redoce the retained percentage normally required to permit the City to pay Adams Constrcctfon Company for the work that has been accomplished to date. In this particular case the retained percentage amounts to $16,497.43o S/ U, Cletus Bro~les ' Director of Public Norks* The City Manager recommending that $15,2g?.43 be released to the Adams Construction Company, Mr. Pollard moved that Council concur in the recommendation of the City Manager and Offered the following Resolution: (z15140) A RESOLUTION authorizing amd directing a reduction. Of the amount to be temporarily retained by the City pursuant to a certain construction contract between the City and Adams Construction Company. (For full text of Resolution, see Resolution Book No, 26. page 159,) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones. Pollard, Wheeler and Mayor 5toller .................................. NAYS: None ....................Do (Mr. Young absent) At this point, Mr. Young arrived at the meeting. PARKS AND PLAYGROUNDS-STATE HIGHWAYS: The City Manager submitted a writte~ report, pointing out that considerable time and money might be saved, and an unnece~ sary duplication of effort avoided, if the title examination acd legal services in connection with the acquisition of properties for the development of the Rill Mounta.in - Blue Ridge Parkway project are done by the same attorney or attorneys, ;aid attorneys being those whom the Virginia Department of Highways would insist upoE and normally employ In its acquisition of high,ay rights of May. and recommended thai the City Manager and the City Attorney be authorized to engage the services of an attorney or attorneys for this purpose. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (n15141) AN ORDINANCE relating to the acquisition of properties for the development of the Mill Mountain - Blue Ridge Parkway project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 159.) Mr. Garland moved the adoption of the O~dinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYE.5: Messrso Dillard, Garland, Pollard, ~heeler, Young and Mayor Stoller ................................ NAYS: None ...................On (Mr, Jones not voting) AIRPORT: Council having directed the City Manager to obtain on estimate al the cost of erecting two quonset hangars at Roanoke Municipal (Moodrum) Airport and to report bach to the body on how to finance some, the City Manager submitted a written report, advising that the estimated cost of the two hangars is $35o000 and that said cost could he amortized in approximately ten years by rental of said hangars, Mr, Nheeler moved that the matter be carried over until the next regular meeting DY Council. The motion mas seconded by Mr. Jones and uuauimously adopted. ZONING-S£TDACK LINES: Council having directed the City Manager to look into the question of establishing a setback line on Brandon Areouee S, Mo. between Edgewood Street and Langdon Road, he submitted a written report, recommending that setback lines be established on both sides of Brandon drenue, S. M., from a point approximately ISO feet east of Langdon Road to the ~estern city limits, measuring SO feet from the center line of Brandon Avenue. On motion of Mr. Dillard, seconded by Mr. Rheeler and unanimously adopted the matter mas referred to the City Planning Commission for study, report and recommendation tO Council. ZONING: Council having directed the City Manager to contact Mr. Claude A. Hodges, owner of property located on the ~est side of South Jefferson Street, south of Twenty-second Street. described as Lots 17, 18, 19 and 20, Block 60. Crystal Spring, and ascertain whether or not ar. Hod§es plans to furnish off-street parking for the apartment units to be constructed at this location, the City Manager submit- ted a written report, advising that Hr, Dodges plans to provide one parking space per unit at the rear of the apartments. Mr. Garland moved that the report Of the City Manager be received and filed. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS: The City Manager submitted a written report, transmitting a report of the Department of Public ~elfare for the month of January, 1963, and listing monthly departmental reports on file in his office. On motion of Mr. Garland, seconded by Mr. Nheeler and unanimously adapted,[] report was filed, the ZONING: Council having previously referred to the City Planning Commissio for study, report and recommendation a request of Mrs. Rathryn L. Stokes that prop- erty located on the northmest corner of Brandon Avenue and Marrington Road. S. described as Lots 1-6, inclusive, Block 1, RcRae Map, and designated as Official Tax Nos. 1241108~1241112, inclusive, he rezoned from General Residence District to Special Residence District, the City Planning Commission submitted a written report, recommending .that the request be granted. Mr. Mheeler moved that a public hearing on the matter be held at 7:30 p.mo April 1, 1963. The motion was seconded by Mr. Jones and unanimously adopted. ZONING: Council having previously referred to the City Planning Commissio for study, report and recommendation the request of Mrs. Cladies M. Roomaw and Mr. M. Reeves Goodman that property located on the north side of Cove Road, N. W., in 257 , 258 the vicinity of Golfside Avenue, being the eastern portion of n tract or land designated os Official Tax No. 2480143 and an adjoining tract of lon~ designated as Official Tax No. 248010$t be rezooed from General Residence District to Special Residence District for a depth of approximately 275 feet, the City Planning Con- mission submitted a mrftten reportt recommending that the request be granted. Mr. Mheeler moved ~hat a public hearing on the matter be held at 7=30 April l, 1963. The motion mas seconded by Mro Jones and unanimously adopted. REPORTS OF COBBITTEES: NONE. UNFINISHED BUSINKSS: SALE OF PROPERTY: Council having continued until the present meeting consideration of an offer of the Dukes and Earls Club, Incorporated, for the purchas~ 'from the city of property located on the north side of Moorman Road. N. ~., between Thirteenth Street and Fourteenth Street. described as Lots 4=?, inclusive, Block 23, Melrose, at a price of $1,500, the matter mas again before the body, In this connection, Mr, Robert C, Burrell, representing the Dukes and Earls Club, appeared before Council and advised that since the last regular meeting of Council the Club has had the property in question appraised and that since this is undeveloped propertl with no sidewalk, curb nor gutter, the nearest sewer line is located a considerable distance from the property which will require in excess of $300 for a sewer connection, and considerable "fill-in dirt" will be required to convert the sewer slant toward Essex Avenue, it is feltthat the maximum amount the Club can prudently offer the city is $1,600. Mayor Stoller advised Council that the Y.M.CoA. has withdrawn its offer of $2,000 for said property. Bro Pollard pointed out that the four lots have been assessed at $750 each by the Board of Assessors. After a further discussion of the matter, Mr. Garland moved that the question be referred to the City .Planning Commission for study as to whether or not the cltI has a future need for the property and to submit its report and recommenda- tion to Council as expeditiously as possible. The motion was seconded by Mr. Pollard and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE5 AND RESOLUTIONS: NONE* MOTIONS AND MISCELLANEOUS BUSINESS: INSURANCE: Mr. John B. Bain, Jr., Commercial Fire Insurance Sales Specialist for the Allstate Insurance Compnny, appeared before Council, advi. sin9 that a portion of the fire insurance on municipal properties came up for renewal March 1, 1963. and that binders have been plac~ on this insurance, Mr° Bain request- ing that the Allstate Insurance Company be allowed to share in the city's fire insurance proqram, estimatin9 that his company can save the city approximately 15~ on the cost t~ereof. After a discussion of the matter, Mr, Dillard moved that the request be referred to · committee to be appointed by the Mayor for st*dy, report and recom- mendation to Council, The motion uaw seconded by Mr, Garland and unanimously ad*pie Mayer Stoller appointed Messrs, Robert A. Garland, Chairman, Denton O, Dillard and Roy R, Pollard, St,, as members of the committee. INSURANCE: Mr, Jones brought to the attention of Council a pending increase in automobile liability insurance rates ns recently approved by the State Corporation Commission, pointing out that the increase for the Roanoke area is as compared with an increase of 3 1/2~ in Richmond and questioning the inequity in · said increases, In this connection, Mr, Philip E. Montano, a representative of the Allstatq Insurance Company, who was present at the meeting, advised Council that the higher increase in rates for the Roanoke area has been brought about by an increase in traffic fatalities in Roanoke and the cost of settling claims. After a discussion of the matter, Mr. Jones moved that the City Attorney be instructed to study the question and report back to Council as to how the increase will affect the rate of insurance on city-owned vehicles. The motion was seconded by Mr. Garland and unanimously adopted. PURCHAhE OF PROPERTY-AUDITORIUM: Mr. Pollard presented a communication from Mr. Morton Roneyman. Attorney for Roanoke 5crap Iron and Metal Company. Incor= porated, offering to sell an 18.08-acre tract of land located on the west side of Broadway. S. W.. north of Franklin Road. designated as Official Tax No. 12803020 to the City uf Roanoke as a site for the proposed auditorium-coliseum. Mr. Jones moved that the offer be referred to the committee composed of Mr. Robert A. Garland. Chairman. Mayor Murray A. St*il,r. Mr. Walter L. Young and Mr. James E. Jones for its information in connection with its study of the proposed auditorium-coliseum. The motion was seconded by Mr. Dillard and unanimously adopted~ PARRS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having previously directed the City Attorney to prepare the proper measure authorizing the preparation of plans and specifications for modernizing two units of the city incinerator and construc- ting a shed and refuse storage bin adjacent to the west side of the building, in order that bids might be obtained on the project, Mr. Mheeler, Chairman of the committee studying the repairing and modernizing of the city incinerator, stated that he has been advised by a representative of Morse Boulger, Incorporated, of work required for the construction of a shed and refuse storage bin adjacent to the incinerator at an estimated cost of $135,000 as compared with a previous estimate of $150,000 and that he has also been informed the drawings will be forwarded to the city in the near future. Mr. Wheeler moved that the above information be forwarded to the City Attorney in connection with his preparation of the proper measure authorizing the repairing and modernizing of the city incinerator. The motion was seconded by Mr. Dillard and unanimously adopted. 259 -260 AIRPORT: Council at its meeting on January 23. 1961. ha,lag referred to a committee composed of Messrs. Roy L. Webber. Chairman. Roy R. Pollard. Arthur S. Owens. Robert M. Moody. J. M. Burr*ss. E. R. Ynnght and ~fllium the question of securing an instrument landing system at Roanohe Municipal (Moodrum) Airport. Hnyor Stoller advised Council that the Roauohe Aviation Council mishes to be represented on this committee. Mr. Dillard moved that a nominee of the Roanoke Aviation Council be added to the above committee. The motion mas seconded by Mr. Mheeler and unanimously adopted. On motion of Mr. Dillard. seconded by Mr. Garland and unanimously adopted. the meeting mas adjourned. APPROVED ATTEST: Mayor cOUNCIL, REGULAR MEETING. Monday, March 11, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber ia the Mnniclpal Building, Monday, March 11, 1963, at 2 p.m., with Mayor St*lief presiding. PRESENT: Messrs. Dillard. Garland. Jones, Pollard, #heeler. Young and Mayor St*lieF .............................. 7. ABSENT: .None .................... 0o. OFFICERS pRESENT: Mr. Arthur S, Owens, City Manager. Mr. Randolph G. Rhittle, City Attorney, and Mr. Jo Robert Th*nas, City Auditor. INVOCATION: The meeting was opeaed with a prayer by the Mererend Harold Moyer. Pastor. Milliamson Road Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on Monday. March 4, 1963. having been furnished each member Of Council, on motion of Mr. Young, seconded by Mr. Rheeler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SEMERS AND STORM DRAINS: Council having continued until the present meeting a public hearing on the question of constructing an 0-inch sanitary sewer to serve that portion of Hazelridge Road, N. Mo, between Frontier Road and Hershberg Road, and. also. that portion of Oaklawn Avenue. N. M., between Uazeiridge Road and Mtnsloe Drive. the matter was again before the body. The names of those appearing or submitting communications in favor of or against the proposed project having been duly recorded, the Mayor asked if there was anyone present who would like to be heard; whereupon, Mr. C. E. Campbell and Mrs. James A. Bowles appeared in opposition to the project. It appearing that most of the Opposition to the proposed sewer project being the fear that the petitioners* property will not be restored to its original state. Mr. H. Cletus Broyles, Director of Public Norks. explained that the contract covers this. After a discussion of the matter, the questioo being raised as to whether or not Council can proceed with the sewer project in view of so much opposition, the City Attorney advised the body that the project can be curried out by a majority vote of Council. Everyone present having been given an opportunity to be heard, Mr. Garland expressing the opinion that since most of the people signed the original petition and that Roan*tn should modernize its sewer system offered the following emergency Ordinance approving the entire project as originally submitted: (m15142) AN ORDINANCE authorizi~n9 the construction of certain sanitary semer mains and laterals to serve the properties abutting the same on a portion of 261 262 Hnuelridge Road,'N. M,, and on n portion of OshJimn Avenue, N. I,, one-half of the total cast of which is proposed to be assessed upon the landowners when the cost shall bate been ascertained end the other proceedings held as provided by lam; creating n committee to ascertain the cost of such Improvement ned to assess and apportion the same equally between the City and abutting landowners who may be served by said sewer and before ubom sold landowners way appear with reference to such assessment or apportionment; providing for.notice to such abutting landowners of the hearing or hearings before said COmmittee; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 26, page 160) Hr. Garland aoved the adoption of the Ordinance. Yhe motion was seconded by Mro Rheeler and adopted by the following Tote, WF, Dillard stating bis reason for voting for the project being that a committee has been set up to work with the peopl~ regarding the situation and Mr. Jones stating his reason for voting for the project being.that he concurs in ~essrs. Dillard and Garland*s opinions and his clearer understanding of Council*s position in the matter: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... ?. NAYS: Wone ...................O. Mr. Wheeler then offered the following emergency Ordinance accepting the proposal of Draper Construction Company for the construction of the sewer: (~15143) AN ORDINANCE acceptingtbe proposal of Draper Construction Company for the construction,of an B" sanitary sewer to serve a portion of Hazelridg Road and a portion of Oaklawn Avenue; authorizing the proper City officials to execute the requisite contractl rejecting the other bid; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2b, page 162.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the folloslng vote: AYES: Messrs. Dillard. Garland. Jones, Pollard. ~heeler. Young and Mayor Stoller ........................... NAYS: None ...................0. Mr. Mheeler then offered the following emergency Ordinance appropriating $26,142.50: (#15144) AN ORDINANCE to amend and reordain Section ~167, "Contingencies,' nod Section =170, "Capital," of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No, 26. page 162.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard~ Garland, Jones, Pollard, Nheeler. Young and 'Mayor Stoller ........................... NAYS: None .................. O. P£TITIONS AND COMMUNICATIONS: STREETS A~D ALLEYS: A petition of Kiwoerling Brothers, Incorporated, requesting that Bland Avenue, N. ~., Grnysoo Avenue, N..~** and an alley lying midway between be permanently vacated, discontinued and closed for a distance of approximately 202 feet east from Nineteenth 5treat, was before Council. In this connection, Mr. Evans B. Jess*e, Attorney, representing £1mmerlin Brothers, Incorporated, appeared before Council and requested ,bat viewers be appointed to view the streets and alley in question. On motion of Mr. Wheeler, seconded by Mr. Jones and unanimously adopted, the request wasreferred to the City Planning Commission for study, report and recommendation to Council. · Mr. Wheeler then offered the following Resolution providing for the appointment of viewers: . (#15145) A RKSOLU~IO~ providing for the appointment of five freeholders, any three of whom may act. as viewers in connection with the application or petition of Kimmerllng Bras** Incorporated, to permanently vacate, discontinue and close two undeveloped and unimproved streets known as Bland Avenue and Grayson Avenue, both Of which are approximately SO feet Jn width and both Of which extend apprexi= nately 202 feet in an easterly direction from 19th Street. N. N., together ~ith a certain undeveloped and unimproved alley approximately 12 feet in width and lyin9 midway between and parallel to the aforesaid Bland Avenue and Grayson Avenue. and likewise extending 202 feet in an easterly direction from lgth 5treat, N. WHEREAS, it appearing to the Council of the City of Hoanoke, ¥irginia, upon the petition of Kimmerling Bros.. Incorporated. that said'petitioner did duly and legally publish, as required by §15-766 of the Code of Virginia of 1950,' as amended, a notice of its application to this Council to vacate said streets and alley, the publication of which was had by duly posting copies or, said notice in the manner provided bylaw, all of which is verified by an affidavit appended to the petition, addressed to the Council, requesting that the same be vacated; and, WREREA$, it appearing to the Council that more than five days have elapsec since the publication of the her*inshore described notice of application, and the Council hating considered the petition of Kimmerllng Broso. Incorporated. to vacate said streets and alley, all as provided by §15-756 of the Code of Virginia of 1950, as ameoded; and, WHEREAS. the petitioner has requested that not less than three.nor more than five qualified persons be appointed to viem the above described streets and alley sought to be permanently vacated, discontinued and closed, and report in writing, as required by §15-766 of the Code. of Virginia of 1950. as amended. THEREFORE. BE IT RESOLVED by the Council of the City of Roanoke, ¥lrgfnla, that Messrs. R. Rq Quick, C. F. Kefauver, J. #. Boswell, A. B. Coleman, Jr** and RO~ Mastin. any three of whom may act. be and they are hereby appointed as viewers 263 264 writing, as required by §15-766 of the Code of Virginia of 1950, as amended, whether by Hr. Garland and adopted by the,following vote: AYES: #essrs. Dillard, Garland, Jones, Pollard, Nheeler, Young and Mayor Stolier-~ ......................... 7. SOUND-MAKING DEVICES: A communication from Mr. William Ao House. Executlw was before Council. STREETS AND ALLEYS: A communication from Mr. H. J. Crigger. requesting On motion of Wt. Young, seconded by Mr. Pollard and unanimously adopted, REPORTS OF OFFICERS: iu the bond premium of the Commissioner of the Revenue fro~ $5 to $10 as approved bI (~15146) AN ORDINANCE to amend and reordain Section ~5, #Commissioner of (For full text of Ordinance, see Ordinance Book No. 26, page 164.) Mr, Garland moved the adoption of the Ordinance, The motion mas seconded by Mr. ~heeler and adopted by the following vote: Ay~q: Messrs. Dillard, G~rland~ Jones, Pollard, ~heelev, Young and Mayor Stoller ........................... ~Y$: None .......... BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written report recommending that $1.000 be transferred from Medical and Househe~ping Supplies to Maintenance of Machinery and Equipment and that $4,000 be transferred from Medical and Housekeeping Supplies to Operating Supplies and Materials under Section z40, 'Health Department** of the 1963 budget. Mr. Wheeler moved that Gonncll COnCUr in the recommendation of the City Manager and offered the following emergency Ordinance: (#15147) AN ORDINANCE to amend and reordain Section n400 *Health Depart- meat#, of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 26, page 164.) Mr. Wheeler moved the adoption Of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote= Mayor Stoller ...... ~ .................... ?. NAYS: None---~ ......~ ........ O. ~ATER DEPARTMENT: The City Manager submitted ~a written report recommendin that the Town of Salem be requested to permit the City of Roanoke to install a 16-lnlh water main in that portion of Hemlock Road lying within the town limits of Salem and to tie same to the existin9 12-inch main in Shenandoah Avenue (Boulevard). in connec- tion with the expansion Of the Delray No*er System. The question being raised as to why this water main cannot be installed in the City of Roanoke, Mr. Raymond E. Pillow, Manager of the Hater Department, advised that the route recommended is the most direct and economical. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (#15146) A RESOLUTXON requesting the Council of the Town of ~alem to issue a permit to the City of Roanoke to install a 16-inch mater main in that portioh of Hemlock Road lying within the limits of .said Town and to tie the same to tho City's existing 12-inch main in Shenandoah Avenue (Boulevard) in order to complete tha~ portion of the City*s .system known as the Delray System presently under con- struction. (For full text of Resolution, see 8esolution Book No. 2~. page 165.) Mr. Dillard moved the adoption of the Resolution. The motion ~as seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, ~heeler,and Mayor Stoller---~ ........ NAYS: Mr. Young .......~ ...... 1. 265 266 MATF~ DEPARTMENT: The City Manager submitted n mritten report recom- mending that authority be grnnted for the purchase of a pickup truck it the amount of $2,240 from the uaexpended balance of the $4,000 appropriated for'Automotive Rquipment in the Replacement Reserve account of the 1963 Mater Department budget, said truck having been approved in the amount of $2,000, Mr, Dillard moved that an appropriation of $240 to Automotive Equipment under Section ~500, mRepiacement Reserve,' be granted and offered the follomlng emergency Ordinance: (slS149} AN ORDINANCE to amend and reordnin Section tSO0t mReplacement Reserve," of the 1963 Rater Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 165.) Mr. Dillard moved the adoption of the Ordinance. The motion mas seconded bi Rt. Pollard and adopted by the following vote: AYES: Ressrs. Dillard, Garland. Jones, Pollard, Mheeler. Young and Mayor Stoller ............ NAYS: None ...................O. CITY JAIL: Council having referred the question of entering into a new contract with the Federal Government covering the safekeeping, care and subsistence of federal prisoners in the Roanoke Girl Jail at a rate of $1.73 per day as compared with the present rate of $1.50 per day to the City Manager and the City Sergeant to negotiate with representatives of the federal government with a view Of ascertaining whether or not the Federal Government would be willing to pay $1.73 per day for the care of federal prisoners in the Roanoke City Jail, the City Manager and the City Sergeant submitted a written report, advising that they have negotiated with the United States Bureau of Prisons and that the Bureau of Prisons has agreed to enter into a new contract with the City of Roanoke. effective April l, 1963, for the care of federal prisoners in the Roanoke City Jail at a rate of $1.75 per day, excluding medical costs, the City Manager and the City Sergeant recommending that the new contract be approved, Mr. Youn9 moved that Council concur in the recommendation of the City Manager and the City Sergeant that a rate of $1.75 per day for care of federal prisoners in the Roanoke City Jail be approved and offered the following Resolution: (#15150) A RESOLUTION approving and authorizing the City Sergeant to enter into a new written contract with the United States. Department of Justice. Bur.aa of Prisons, relating to the safekeeping, care and subsistence of persons held or detained under authority of any United States statute. (For full text of Resolution. see Resolution Book No. 26, page 166.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYE.%: Messrs. Dillard, Garland, Jones, Pollard, Rheeler, Youn9 and Mayor St*liar ........................... 7. NAYS: None ................... SALE OF PROPERTY: Council having referred un offer of the Dukes ned Earl Club, Incorporated. for the purchase of city-owned property located on the north aide of Hoorman Road, N. Ho, between Thirteenth Street end Fourteenth Street, described os Lots 4-7. inclusive, Block 23, Heir.set to the City Planning Cocwissiot for study as to whether or not the City has any future need'for this land and to' submit its report and recommendation as expeditiously as possible, the City Plannin, Commission submitted the following report: #Hatch 7, 1963 The Honorable Hurray A. Stoiler, Hay.r, and Hembers of City Council aoefloke. Virginia Gentlemen: In its Hatch 6, 1963 meeting, the City Planning Commission con- sidered your communication in regard to the disposal of city- owned property located on the north side of Moorman Road, N. between Thirteenth Street and Fourteenth Street, described as Lots 4-7. inclusive, for the use of a private social club. The City Planning Commission was informed as to the proposed operation of this club and its stated purpose; however, in considering this matter, the Planning Commission took only into account whether or not this property will be needed at some time Jo the future for the location of ~ommunity facilities. Iff studying this matter, the City Planning Commission referred to u recent communication to City CouncilwhJch indicates that in the absence of a community facilities plan no decision should be made at thistime in regard to the sale of city-owned property. Drawing from their knowledge of the community, the Commission members expressed their opinion that there will be need for public land between Melrose Park and Eleventh Street, south of Melrose AVenue, at some time in the future. As shown on 'the preliminary land use plan, this area is expected to develop as the future center of Several neighborhoods north of Melrose Avenue. It appears feasible, for example, to consider the location of a library branch in this general area. Anticipating the need of building sites for additional commuoity facilities, the City Planning Department a year ago advised the YMCA against the attempt of purchasing this property from the city. Today, the City Planning Commission holds the same position and advises City Council to retain this property in reserve as loeatlon for a future community facility. Since a quorum of the members was not present during the dis-. cussion of this matter, this recommendation is transmitted to you, expressing the opinion of three Planning Commission members. Respectfully submitted, S/ ~erner K. Sensbach for Harold W. Bill, Chairman" Communications from Mr. B. L. Welch, Hr. W. M. Brickey, Mrs. O. S. Chattin and Mr. W. R. Mays, President, Northwest Civic League, advising that they are opposel to thesale of the property for use as a private club, were before Council. A communication from the Melrose Baptist Church, signed by Mr.. Paul E. 267 268 Mr. and Hrs. Miller Cannudsy, Hr, end Mrs, Tholes Galloway and Mrs, Dorothy Roberts voicing opposition to the sale of the property for use as i private clube was before Council. Mayor Stoller advised Council that a private citizen had offered the City SI,TO0 for the property, On motion of Mr. Garland: seconded by Mr. Wheeler, and unnnllously udopted Council concurred in the report of the City Planning Commission that the request be denied. REPORTS OF COMMITTEES: UNFINISHED BUSINESS: AIRPORT: The question of constructing tmo quonset hangars at Roanoke Runiclpal (~oodrum) Airport having previously been before Council, was again before the body, After a discussion of the matter as to mba:her or not it would be more economical to have the building costs and construction costs separate in the con- tract, Mr, Wheeler moved that the City Attorney be directed to prepare the proper measure authorizing bids to be obtained, The motion was lost for lack of a second. Mr. Garland then moved that the matter be referred to 1963 budget study. The motion was seconded by Mr, Jones and unanimously adopted. In this connection, Mayor Stol]er stated that he would like to have an up-to-date list of the people who really want hangar facilities, the City Manager verbally agreeing to make a survey and furnish same. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having previously directed the City Attorney to prepare the proper measure authorizing the committee studying the repairing and modernizing Of the city incinerator to have prepared plans and specifications for modernizing two units of the incinerator and constructing a shed and refuse storage bin adjacent to the ~est side Of the incinerator building, in order that bids ua the project might be obtained, Mr. Rheeler, Chairman of the Committee studying the repairing and modernizing of the city incinerator, stated that the report and blueprints have not been received and suggested that the matter be carried OVer nntil the next regular meeting since the exact figures are not available at this time. It being pointed out that it is not necessary to have the exact figures fo the adoption of the measure prepared by the City Attorney, Mr. Wheeler offered the following Resolution: (m15151) A RESOLUTION relating to certain repairs of and additions to the City Incinerator, (For full text of Resolution, see Resolution Rook No. 26, page 1BT.) Mr, Wheeler moved the *adoption Of the Resolution, The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: #essrs. Dillard, Carload, Jones, Pollurd, Wheeler, Young and Mayor Stoller ........................... ?. WAYS: ~Woae .... ~ .............. O. SALE OF PROPERTY: Council having directed the City Attorney to prepare the proper measure authorizing the sale of a strip of land nhJch lies between the old Holllns Road and the westerly side.of Tinker Creek, south of Preston Avenue, N. E., designated as Official Tax No. 3190317, to the Diamond Plastics Industries for the sum of $?00, he presented sane; mhereupon, Hr. Jones moved that the full.win Ordinance he placed upon its first reading: (Ul5152) AW ORDINANCE authorizing and directing the sale of a certain 1.429 acre strip of land situate'on the west side of the center line of Tinker Creel to Diamond,PlastiCs Industries for a price of $?00o00, cash. RHEREAS, Diamond Plastics Industries has offered to purchase from the Cit the land hereinafter described offering payment of the purchase price hereinafter authorized and a committee composed of the City Attorney, the City Auditor and the City Manager has recommended that said offer be accepted, the City having no proposed future use for the property in question. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that the offer of Diamond Plastics Industries to purchase and acquire from the City at a purchase price of $700.00. cash. that certain 1.429 acre parcel of land situate on the west side of the center line of Tinker Creek, in the City, shown in detail on Plan Wu. 4777, prepared in the office of the City Engineer, the westerly 25.0 feet of said strip of land presently comprising the easterly half of a portion of Rollins Road, N, E.. a public street of the City, be, and said offer is hereby accepted. BE IT FURTHER ORDAINED that, upon tender of the purchase price aforesaid, the proper City officials shall, on behalf of the City, execute, acknowledge and deliver to the City*s said purchaser or its attorney a proper deed of conveyance to said purchaser, prepared and approved as to form by the City Attorney, wherein it he recognized that the boundary of said strip of land extend, on the east, to the center line of Tinker Creek and, on the west, to the center line of Hollins Road, W. E., a public street of the City. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Rheeler, Young and Mayor St,lieF ........................... NAYS; None ...................O. ACTS OF ACKNORLEDGEMENT-GITY GOVERNMENT: Council having directed the City Attorney to prepare the proper measure commending the League of Women Voters of the Roanoke area for its new booklet, *The Roanoke Valley: A Handbook for Citizens," he presented same; whereupon, Mr. Garland offered the following Resolution: (=15153) A RESOLUTION commending the League of Women Voters of the Roanoke area for compiling and publishing #A Handbook of Area Governments"+ (For full text of Resolution, see Resolution Book No. 26, page 167.) 269 270. Mr, Garland moved the od*psion of the gesolution, The motion was seconded by NFo Dillard and adopted by the foil*ming vote: AYLS: Nessrso Dillard, Garland, Jones, Pollard, Nh*clef, Young and Mayor St,lief ........................... NAYS: None ................... MOZIONS AND MISGELLANEOUS BUSINESS: TRAFFIC:* Mr. Nouard G. Lawder, 1244 Thirteenth Street, $. E., owner nY several apartments on Jamison Avenue, appeared before Council advising that parking has been removed from the north side of Jamison Avenue, $. £** between Tenth Street and Eleventh Street, and since parking has been eliminated on the south side Of this bi*eR in front of the fire station, he requests that parking be completely removed from the south side of Jamison Avenue between Tenth and Eleventh Streets, Instead of the north side thereof. On motion of Mr. Dillard, seconded by Mr. Garland and unanimously adopted. the matter mas referred to the City Manager for study and report to Council. SEWERS AND STORMDRAINS: Mr. Mheeler brought to the attention of Council the matter regarding the policy of the city in respect to water and se~er charges to areas outside of the corporate limits as being studied by a committee composed of the City Manager, Chairman, the City Attorney, the City Auditor, the Manager of the Mater Department and the Superintendent of the Sewage Treatment Plant, appointco daring 1962 budget study, and moved that the committee expedite its study and report. The motion was seconded by Mr. Young and unanimously adopted. In this connection, Mr. Dillard moved that Mr. Mheeler be added to tie committee, The motion was seconded by Mr, .Young and unanimously adopted. Mr. Dillard moved that the me.tin9 be adjourned. Mayor St*lieF relinquish* the Chair and seconded the motion which was unanimously adopted. APPROVED ATTEST: COUNCIL, REGULAR MEETING. #onday. March lB. 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Nunicipal Building, Monday, Hatch IH, 1963. at 2 p.a.. the regular meeting hour, with Vice Mayor Garland presiding. PRESENT: Messrs. Dillard. Pollard. Nbeeler. Young and Vice Mayor Garland ........ ~ .................................... ABSENT: Mr. Jones and Mayor Stoller ......2. OFFICERS PRESENT: Mr. Arthur S. Omens, City Maoager. Mr. Randolph G. Mhittle. City Attorney. and Mr, J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened ~lth a prayer by BF. John F. Owens, Pastor, Raleigh Court Methodist Church. NINU~£S: Copy of the minutes of the regular meeting held on Monday. March 11. 1963, having been furnished each member of Council, on motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the reading thereof was dispensed ~lth and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATZERS: ASSESSMENT OF PROPERTY: Mr. Alexander N. Apostolou, Attorney, representing various property owners, appeared before Council and requested that the period of time fixed by the Board of Equalization for taking and filing complaints for the equalization of property by aggrieved property owners be extended beyond March 15. 1963. for a period Of t~o weeks to thirty days. Mr. Apostolou advising Council that a number of property owners were not aware of the fact that the assessment of their property had been increased by the Board of Assessors until they received their tax tickets March 1, therefore, they have not had the time nor Opportunity to file a complaint with the Board of Equalization. After a discussion of the matter, Mr. Mheeler voicing the opinion that Council does not have the po~er to order the Board of Equalization to extend the period of time for taking and filing complaints and that ff more tlme is needed the request therefor should come from the Board, and the City Attorney verifying the opinion of Mr. Wheeler with the advice that if the complainants do not get satisfac- tory action by the Equalization Board their recourse is in court, Mr. Dillard expressed the belief that Council can extend the term of the Board of Equalization simply by appropriating additional funds and moved that the request of Mr. Apostolou be referred to the Equalization Board for reply to Council at its next regular meeting. The motion was seconded by Mr, Wheeler and adopted. WATER DEPARTMENT: Mr. George V. Cooper appeared before Council and presented an offer to purchase approximately 100,000 board feet of timber on the Muse Spring property at a price of $2,500. On motion of Mr. Mheeler. seconded by Mr. Dillard and adopted, the City Manager was directed to advertise for bids for purchase of the timber. At this point, Mr. Jones arrived at the meeting. 271 272 PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company, trans- mitting a list of street lights installed during the month of February. 1q53, mas before Council. On motion of Mr. Mheeler, seconded by Mr. Pollard and adapted, the com- munication mas filed. MATER OEPARTMENT: A communication from Mr. Millime J. Paxton, Jr., Town Clerk. transmitting a Resolution adopted by the Council of the Tomn of Salem. asking that the Council of the City of Roanoke adopt a similar Resolution. requesting the Roanoke Valley Regional Planning Commission to determine the approximate cost of having a ~ater Resources Study made for the Roanoke Valley, was before Council. Mr. Mheeler, a member of the Roanoke Valley Regional PlanninR Commission, advised that it was agreed the governing bodies of the political subdivisions participatin9 in the Regional Planning Commission would adopt a Resolution as requested by the Town Of Salem as a matter of cooperation and moved that the City Attorney be directed to prepare the proper measure. The motion was seconded by Mr. Jones and adopted, Mr. Dillard voting ac because he feels such action is unnecessary and can lead to a very expensive program and because Council already has reports on available water resources in its files. REPORT5 OF OFFICERS: BUDGET-AIRPORY: The City Manager submitted a written report, recommendin that $250 be transferred from Materials - Building and Property to Other Equipment Ne~ under Section =DO, "Airport," of the 1953 budget, to provide for the purchase furniture needed for the new North Ramp Pilots Ready Room at Roanoke Municipal (Woodrum) Airport. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15154) AN ORDINANCE to amend and reordain Section =UR, "Airport.' of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 26, page 16D.) Mr. Young moved the adoption of the Ordinance. The motion was s~conded bl Mr. Pollard and adopted by the following vote: AYES: Ressrs. Dillard, Jones, Pollard, Wheeler, Young and Vice Mayor Garland ........................................... 6. NAYS: None ...................................O. (Mayor Stoller absent) BUDGET-DEPARTMENT OF pUBLIC WORKS: The City Manager submitted a mritten report, recommending that $6.000 be transferred from Section =157, *Contingencies,' to Operating Supplies and Materials under Section =US, 'Sno~ and Ice Removal," Of the 1963 ~udget, to provide for sno~ and ice removal for the remainder of the year. Mr. Mheeier moved that Eouncil concur in the recommendation of the City Ranager and offered the followiag emergency Ordinanoe: (z15155) AN ORDINANCE to nm,ad and r,ordain Section sOS,#Snom and Ice Removal,' and Section 8167, 'Contingencies,' of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 169.) Mr. Mhceler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Jones, Pollard. Mheeler, Young and YJce Mayor Garland .... NAYS: Mr. Dillard ......................................................I. (Mayor Stoller absent) STREET LIGHTS: The City Manager submitted a written report, recommending that a street light be installed in front of 2326 Y,th Road, S. M. Mr. Dillard moved that Cotncil concur in the recommendation of the City Manager and offered the following Resolution: (~lSlSG) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light in front of 2326 York Road, S. M. (AP Pole No. 277-2060). (For full text of Resolution, see Resolution Book No. 25, page 169.) Mr. Dillard moved the adoption of the Resolution. The notion was seconded by Mr. Jones and adopted by the followiog vote: AYES: Messrs. Dillard, Jones, Pollard, ~heeler, Young and Vice Mayor Garland .................................. NAYS: None ..........................O. (Mayor Stoller absent) PURCHASE OF pROPERTY-pARKS AND PLAYGROUNDS; The city Manager submitted a written report, transmitting an offer of Mr. and Mrs. h. L. Epperley to sell to the city their property at 2824 Sand Road, N. E., for the sum of SB, IO0, which property ia adjacent to land recently purchased by the city for park purposes. Yhe City Ranagor advising Council that the city has fl. use for the property in question, Mr. Pollard moved that Mr. and Mrs. Epperley be advised accord tngly. The motion was seconded by Mr. Wheeler and adopted. At this point, Mayor Stoller arrived at the meeting. TRAFFIC: Council having previously referred to the City Manager for stud and report a request of Mr. Howard G. Lawder, 1244 Thirteenth Street, S. E., that 273 '274 estimated cost of. said traffic light is $6t000, and that he believes that If funds mere srallable a traffic light ut this intersection mould, be advantageous. Mr. Garland moved that the request be referred to the 1964 nudger Study Commission. The motion mas seconded by Mr. Young and adopted, Mr. Dillard voting no because the lg64 nudger Study Commission Is not lo existence at the present time. STREETS AND ALLEYS: Council having previously referred to the City Manager for study and report a request of Mr. H. J. trigger that Eleventh Street, S. M.. be*amen #lnona Avenue and Mnsena Avenue, be blacktopped this spring, he submitted a written report, advising that this street is not in the preliminary study for streets to be blacktopped; however, he alii study the street in question, along with many other requests, and try to expend funds for blacktop~ln9 consistent with existing public policies. Mr. Garland moved that Council concur in the report of the city Manager. The notion was seconded by Mr. Nbeeler and adopted. Mr. Dillard voting no because he feels a Street Committee consisting of at least two members of Council should be appointed to make a study of streets needing blacktop. REPORTS OF CORRITTEES: WATER DEPARTMENT: The committee appointed to study the development of recreational facilities at Carvins Cove presented the following report: "Roanoke. Virginia March 18, 1963 To the City Council Roanoke, Virginia Gentlemen: On July 2, 1962, you directed to the below-signed committee the following: *I am enclosing copy of a report of the City Manager, advising that the estimated cost of providing adequate sanitary facilities at Carvtns Cove is $16,000.00, which report was before the Council of the City of Roanoke at its meeting on Monday, July 2, 1962. 'On motion, duly seconded and unanimously adopted, the question of improving the sanitary facilities at Carvins Cove mas referred to you for study, report and recommenda- tion to Council.' The committee net on several occasions and recommends the following to you: That the City Manager be directed to secure bids imoedlately on three public lavatories located at the follouing locations: 1. Near the concession area. 2. Adjacent to the picnic area, and 3. In the Bennett Creek section. Me call to your attention that pumps, tanks a gasoline motor, drainage fields, lavatory facilities and other necessities must be included in these improvements, therefore, we believe that a public bid is necessary to provide proper cost. It is our opinion that funds should be provided tn blacktop the parking area and improve the road entering the picnic area. The cost of these tmo items is estimated to be $10,000. ($?300 for parking lot and $2700 for new road to picnic area.) We believe the lava- tories, blacktop and road should be constructed as sooo as possible. It is further suggested that the City, Manager be directed to provide tentative plans for a concession stand which would incor- porate limited eating facilities, adequate health measures in con- formity with city ordinances and located at some point not remote from the lavatories. After the.bldi have been submitted and if Cois~ll sees flt~to seard the bid, the constrection of the concession stand probsbly could be accomplished in from sixty to ninety days. The collittee mil/ mahe subsequent,reports at a Inter date. RespectfullI sublittedo S/ C. #. Cornell C. N. Cornell $/ Roi L. ~ebber Roi L. ~ebber S/ Walter L. Young Walter L. Youn9 P. S. 1 think the amount of pavia9 to be done should be reduced. SI W. L. Y. he agrees with #essrs. Webber and Young that $10,000 is too much to be spent on blacktoppJn9 and that oull the lavatories should be installed at the present time. Mro Ro H. Wagner appeared before Council and stated that if the area in question is to be used for recreational pUrpOSeS a c~clone fence should be placed later is impure. Roanoke~ Yirginia 275 276 shGald not enter Jato this specific service.until the expiration or the present contract for aviation fuels on June.30, 1964, Our studies indicate thnt~t the tine bl~a are called for requirements to replace the present contract the Citl could expect to receive a better cost basis if the term of the contract were for five years rather thGn ~three years mhlch in effect lengthens the period during which the supplier may amortize the equipment required of bis to service the contract. Me therefore recommend that: 1. The bid of Shell Oil Company for supplying avlatlon turbine fuel supplies and faclltles at the Reanohe Municipal Airport presently before the Council be rejected, 2. That when bids ore called for furnishing aircraft fuel and facilities for the Municipal Airport to replace the present contract which expires June 30, 1964, the said call for bids include all aircraft fuels and lubri- cants including aviation turbine fuel. 3. That the said call for bids be for a period of five years rather than the present three-year period under which we are operating. RespectfullysubmJtted, s/ Roy R. Pollard, Sr. Roy R. Pollard, Sr., Chairman s/ Marshall L. Barrls Marshall L. Barrls s/ J. Robert Thomas Jo Robert Thomas~ Mr. Pollard moved that Council concur in the recommendations of the committee and offered the following Resolution: (mlSl5T) A RESOLUTION relating to aviation turbine fuel facilities and requirements at Roanoke Municipal Airport and rejecting a certain bid made to the City relative to same. (For full text of Resolution, see Resolution Book RD. 26, page ITO.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stellar ........................... T. NAYS: None ...................O. STATE HIGDMAYS-STREET5 AND ALLEYS: The committee appointed to confer with representatives of the Virginia Department of Highways, the United States Uureau of Public Roads, the Community Hospital of Roanoke Valley and the Norfolk and Western Railway Company with a view of working out a mutually satisfactory solution to the question of relocating Elm Avenue, S. E., between Jefferson Street and First Street, submitted the following report: ~Roanoke, Virginia March ID, 1963 To the City Council Roanoke, Virginia Coati*men: At the regular meeting of City Council of January T, lq63, the City Manager submitted tn Council, copies o£ a letter dated December 4, 1962, from Mr. J:. E. Johnson,,Urbnn' Engineer, in which there was expressed concern on the part nE the Department of Bighways over the City's changing the location nE Elm Avenue approximately BO feet lo the north, betmeex JefEersnu and First Streets. In Hr. Johnson's letter, It vas Indicated that the City would be reqnired to pay a substantial additional amount as n result of that change. The additional cost mas unofficially placed at $150,000 to $200,000. Council referred the matter to the below committee for investigation and report. The committee has Bet with the City Hamster and his stair, mbo lu turn have held conferences with the Community Hospital of Elclals and architects, the Virginia Department of Highways and the Rureau of Public Roads representatives. There has been demon- strated an excellent spirit of cooperation from all concerned, and me believe that u solution to the problem is in the process of being evolved. At a conference in Richmond on January 15, 1963, between the Department of Bighways, Bureau of Public Roads, and City of Roanoke officials, It was agreed that current estimates be made by the Department of Highways on the two locations of Elm Avenue including both the right of way and construction costs. This would give relative costs of the two projects. It Mas also suggested by Mr. Sullivan of the Bureau of Public Roads that the City and Bospltal officials work toward ways and means of reducing the cost of the expensive retaining wall adjacent to the hospital property and runnln9 alan9 the west side of the connecting road between Elm Avenue and Third Street, S. E. At a conference held in Richmond on February 19, 1963, betmeen representatives of the same three agencies, the Department of High- ways revealed that the cost differential between the two locations was $flO,O00 in favor of the Department of Highways original plan; howe~er, the cost estimate of the second plan (Elm Avenue relocated UO feet to the north) included $1S9,000 for the retainin9 wall adjacent to the east side of the hospital property. The city representatives have been assured by Mr. R. M. Armistead, 111, President of the Community llospital of Roanoke Valley, their willingness to make adjustments in their plans for the hospital plant that would allow a lO-foot high retalnin9 wall, plus the necessary slope to be constructed instead of the 30-foot high retaining wall that otherwise would be required. RE. Armlstead*s proposal was conditioned upon the promise that Community Hospital mould receive adequate compensation for the slope easement. At the conclusion of the conference, it was agreed by the officials of the Department of Highways and the Bureau of Public Roads that they would recommend the project to proceed on the location of the City's proposed plan (Elm Avenue relocated DO feetto the north) on the usual basis of 25 percent City, 25 per- cent State, and 50 percent Federal funds, provided the City would donate to the project the .515 acre tract to be acquired from the Community Hospital for the necessary road to the south, donate the necessary BO feet strip from the southern terminus of £1mwood Park for the new location of Elm Avenue between Jefferson Street and First Street and a strip of land on the east side cf Elmwood Park from Elm Avenue north to Bullitt Avenue, at a width varying from zero to approximately 25 feet. The committee feels that the cooperation between the Hospital, the United States Bureau of Public Roads, the Virginia State 'Department of Hlghways and our own City now permits a much better project to be constructed at an estimated comparable cost as before. Your committee recommends that the City accept the Department of Highways and the Bureau of Public Roads proposal to proceed with the project on the new proposed relocation of Elm Avenue on a 50~ basis, and that the .515 acre tract acquired from the Community Hospital be donated to relocate Elm Avenue between Jefferson and First Streets andthe necessary land from the east side of Elmwood Path from Elm to Bullitt Avenues, S. E. Respectfully submitted, S/ James E. Jones James E. Jones, Chairman S/ Roy R. Pollard, Sr. Roy R. Pollard, Sr. S/ Renton O. Dillard Denton O. Dillard" ~.77 .278 Mr. Jones moved that Council concur ia the recomnendutioa of the committee end that the following Ordinance be placed upon its first reading: (miSleD) AN ORDINANCE pursuant to which the City agrees to dedicate certain real estate for street purposes iu consideration of the Virginia State Department of Highways and the Federal aureau of Public Roads agreeing to proceed with the revised project for the relocation of Klm Avenue, S. E., on u cost basis of 25 per cent each to the City and the State and 50 per cent to the Federal Dureau of Public Roads. WHEREAS. both the Virginia State Department of Highways and the United States Bureau of Public Roads have indicated their willingness to proceed with the revised Elm Avenue Federal Aid Urban Project on a cost basis of 25 per cent each to the State of Virginia and the City of Roanoke and 50 per cent to the Federal Bureau of Public Roads. provided the City of Roanoke will dedicate the real estate describe in the ordaining clause of this ordinance, for Inclusion in said project, without any charge therefor; and NBEREAS, a committee composed of Councilmen James E. Jones. Chairman, Roy R. Pollard and Benton O. Dillard has studied such revised project and has recommended the adoption of this ordinance, in ~hich recommendation this Council COncurs* THEREFORE. DE IT ORDAINED by the Council of the City of Roanoke that. provided the Department of Highways of the Commonwealth of Virginia and the Federal Bureau of Public Roads covenant and agree to proceed with the revised Elm Arenue Federal Aid Urban Project on a cost basis of 25 per cent each to the Department of Highways of the State of Virginia and the City of Roanoke and 50 per cent to the United States Bureau of ~ubllc Roads, the City of Roanoke will,dedicateo without any cost to the project, the following briefly described real estate, viz.: 1. That portion of Elmwood Park extending from the east line of Jefferson Street to the west line of 1st Street, S. E., mentioned in Ordinance No. 14951, adopted on the Bth day of October. 1962, and shown as "Elm Avenue (proposed)" on Plan No. 4745, prepared by the office of the City Engineer under date of August 1962; 2. So much as is needed for street purposes of the 0.515 acre tract also mentioned in the last-mentioned ordinance and shown as "ParceI A" on the aforesaid plan; and 3. A strip of land, varying in width from 0 to approximately 30 feet, off the east side of Elmwood Park from Bullitt Avenue south to Elm Avenue. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. ,! INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SALE OF PROPERTY: Ordinance No. 15152, providing for the sale of a strip of land between the old Dolllns Road end the westerly side of Tinker Creek, south of Preston Avenue, N.E., to the Diamond Plastics Industries, for the sun of $?00, having previously been before Council for its first reading, read and laid over, again before the body, Hr. Nheeler offering the following for its second rending and final adoption: (#1S152) AN ORDINANCE authorizing nnd directing the sale of a certain 1.429 acre strip of land situate on the west side of the center line of Tinker Creek to Diamond Plastics Industries for a price of $700.00, cash. (For full text of Ordinance, see Ordinance Book No. 26, page 16D.) Mr. Iheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. #OTIONS AND MISCELLANEOUS BUSINESS: BUDGET-STREETS AND ALLEYS: #r. Wheeler called attention to the condition of the streets in the City of Roanoke due to bad ~eather during the past winter and voiced the opinion that an additional $1OO,O00 should be transferred from the Contingency Fund to the Street Repair account so that the city can get a better bid when it advertises for bids on its blacktopping program. In a discussion of the matter, Mr. Jones stated that he does not deny this work is needed, however, he does not believe the city can be operated on a sound financial basis if Council continues to make appropriations of this nature for work not included in the original budget os adopted, Mr. Jones voicing the opinion that if the'money which has already been appropriated for bl~ktopping and street repairs is spent with utmost care, the additional $100,000 can be carried over and placed in the hands of the 1964 Budget Study Commission. Mayor Stoller agreed with Mr. Jones, statin9 that he feels it is important 279 28O Mt. Jones offered a substltote motion that the quostlan+of appropriating an additional $100,000 for street repair be referred to the 1964 Budget Study Commission. Mayor~Stoller relinquished the Chair to second the motion which uaw lost by the following ,ate: AYES: Messrs.. Jones and Stoller ......................................... 2 NAYS: Messrs* Dillard, Pollard, bheeler, Young and Vice Mayor Garland---S Ordinance No. ISIS9 was then adopted by the follomlng vote: AVES: Messrs. Dillard, Garland, Pollard. Mheeler and Young ..............5, NAYS: Mr. Jones and Mayor Stoller .......................................2, TRAFFIC-ALCOHOLIC BEVERAGES: Mr. Dillard stated that he has been informed that city policemen are issuing state warrants against persons arrested on drunken driving charges Instead of city warrants, that if this is true the city is losing money, and moved that the City Attorney he requested to furnish Council with a report on the legal efficacy of Sections TO and 79, Chapter 1, Title XVlII, of The Code of the City of Roanoke, 1956, providing penalties for conviction of the offense of drunken driving and relating to the suspension of convicted persons' driver*s licenses, as amended by Ordinance No. 14866 to harmonize with the new state Implied consent law, and whether or not the city is prosecuting drunken driving cases under the City Code, as amended; also, to submit a report and recommendation on the matter of the City Code paralleling state offenses generally. The motion was seconded by Mr. Jones and unanimously adopted. On motion of Mr. Jones. seconded by Mr. Dillard and unanimously adopted, the meeting was adjourned. APPROVED Mayor II '1 COUNCIL, REGULAR MEETING, Monday, March 25, 1963. The Council of tb~ City of Roanoke met in regular meeting ]n tbe Bastings Court Room in the Municipal Building, Monday, March 25, 1963, at 2 p.m** the regular meeting hour, with Mayor St*lief presiding. PRESENT: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller .............................. ?. ABSENT: None .................... OFFICERS PRESENT: Mr. Arthur $. Owens, city Manager, Mr. Randolph G. RhJttle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting mas opened uith a prayer by the Reverend J. Lando~ Maddex, Pastor, Villa Heights Baptist Church. MINUTES: Copy .of the minutes of the regular meeting held on Monday, March 18, 1963, having been furnished each member of Council, on motion of Mr. Pollard, seconded by Mr. Uarland and unanimously adopted, the reading thereof was dispensed mith and the minutes approved as recorded. HEARING OF CITIZ£NS UPON PUBLIC MAYYERS: FIRg D~PARZRENT: Pursuant to notice of advertisement for bids on supplying one standard commercial truck chassis, equipped with a 750 G.PoM, fire pumper and body. said proposals to be received by the City Clerk until 1:30 p.m., Mondayi March 25, 2963, and to be opened at 2:00 p.m. before Council, Mayor St*lief asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege Of bidding, or if there were any questions about the advertisement anyone would like to ask, and no repre- sentative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the one bid received; whereupon, the City Clerk opened and read the bid of the Oren Roanoke Corporation in the amount of $1H,503.23. On motion of Mr. Young, seconded by Mr. Mheeler and unanimously adopted, the bid was referred to a committee COmposed of Messrs. Roy R, Pollard, Chairman, James E. Jones, H. Cie,us Broyles and B. B. Yhompson for study, report and recommendation to Council, the City Attorney to prepare the proper measure accepting the proposal of the Oren Roanoke Corporation, if the committee so recommends. DEPARTMENT OF PUBLIC MORES: Pursuant to notice of advertisement for bids for supplying ten truchs for various municipal departments, said proposals to be received by the City Clerk until 1:30 p.m., Monday, March 25, 1963, and to be opened at 2:00 p.mo before Council, Mayor 5tnller asked if there mas anyone present who did not fully understand the advertisement, if there was anyone present mbo had been denied the privilege of bidding, or if there were any questions about the advertise- ment anyone would like to ash, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the openin9 Of the bids; whereupon, the City Clerk opened and read the following bids: 281 282 Fire Department - !/2 Ton Pick-ua Truck Diamond Chevrolet Corporation -, $2,o25,oo Oi~kersoo GMC, Iocorpornted - 2,270,00 Magic City Motor Corporation - 2,010.00 Antrlm Motors, Incorporated - 1t998.00 Sbnckeiford-Cox Truck nnd Machinery Company - 20048.88 Maintenance of Cl~v Property - I Ton Truck with Stak,~.,8ody, Diamond Chevrolet Corporation - .3,012.00 Dickerson GMC, Incorporated - 3,147.00 Magic City Motor Corporation - 3,059.00 AntrJm Mbtors, InCorporated - 3,030o00 Shackelford-Com Truck and Machinery Company - 3,000.00 Parks Department - 2 Ton Track with Dump (Stake) Body Diamond Chevrolet Corporation - 4.140.00 Dlckeraon GMC, incorporated 4.321.00 Magic City Motor Corporation - 4,129.00 Antrim Motors, Incorporated 4,180.00 Shackelford-Cox Truck and Machinery Company 4.188.17 Street Cleaning Department - 2 1/2 Ton Truck with Bump Body Diamond Chevrolet Corporation b.850.00 Dickerson GMC, Incorporated 6,677o15 Magic City Motor Corporation 6,T59.00 Antrim Motors, Incorporated 6,7~0.00 · Shackelford-Cox Truck and Machinery Company 6,82D.00 Sewer Maintenance Deportment - ! 1/2 Ton Truck with Dump Body Diamond Chevrolet Corporation - 3,915.00 Magic City Motor Corporation - 3,8g0.00 Antrim Motors, Incorporated 3,935,00 5hackelford-Cox Truck and Machinery Company - 4,010.00 Street Repair Department - ! 1/2 Ton Truck with Dump Body Diamond Chevrolet Corporation L 4,025.00 Magic City Motor Corporation 3.980.34 Antrim Motors, Incorporated '~ 4,020.00 Shackelford-Cox Truck and Machinery Company - 4,130.00' Street Siqns and Markinqs Department - 1/2 Ton Pick-ap Track ~ Diamond Chevrolet Corporation - 2,012.00 Dickerson GMC, Incorporated - 2,175.00 Magic City Motor Corporation - 2,U05.00 Aotrim Motors, Incorporated - 1,985o00 Shackelford-Cox Truck and Machinery Company - 2.060,00 Refuse Collection and Disposal Department - Two 1/2 Ton Pick-up Trucks Diamond Chevrolet Corporation. Truck.~o. 1 - 2,074.00 Truck No. 2 2,065.00 Dickerson GMC, Incorporated 4,400.00 Ma~ic City Motor Corporation Truck ~o. 1 2,085o00 Truck No. 2 2,085.00 /ntrim Motors, Incorporated Truck ~o. I 2,074.00 Truck No. 2 2,049.00 Shackelford-Cox Truck and Machinery Company 4,370.00 Garaqe - 2 Ton Truck, equiooed with 16 Ton ~recker as complete unit Diamond Chevrolet Corporation 7o680.00 Dicherson GMG, Incorporated 7,899.1§ Magic City Motor Co~poration 7,697.00 Shackelford-Cox Truck and M~chinery,Company 7,620.00 On motion of Mr. Yonng, seconded by Mr. Wheeler and unanimously adopted, the bids were referred to a committee composed of Messrs. Roy R. Pollard, St., Chairman, James E. Jones, H. Cletus Broyles and Bue~ord B. Thompson for tabulation and report to Councllt the City Attorney to prepare t~e proper measure, or measures accepting the proposals of the lowest responsible bidders, respectively. fl P£ZITIOSS AND COMMUNICAZION$: ZONING: A communication from Mr, Frank N, Ferkinson, Jr., Attorney, representing Robert E, Randy and I~ma L. Mandy, requesting that property located at the northeast coroer o! Liberty Read end Edison Street, N, E,, described as Lots 12A and 12N, Franklin Map, Official Tax Nos. 3100601 and 3100622, be resumed lrom General Residence District to Business District, mas before Council. On motion of NFo Mheeler, seconded bf Mro Garland and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. ASSESSMENT OF PROPERTY: Council having referred to the Board of Equaliza- tion for reply the request of Mr. Alexander N. Apostolou, Attorney, representing various property owners, that the period of time fixed by the Equalization Board for taking and filing complaints for the equalization of re'al estate assessments by aggrieved property owners be extended beyond March 15, 1963. the following communi- cation was before the body: "March 21, 1963 Honorable Murray A. Stoller, Mayor Members of Roanoke City Council Municipal Building Roanoke, Virginia Gentlemen: The Equalization Board hereby ackoowledges receipt of a letter dated March 19 from the City Clerk, together with an enclosed copy of a communication dated March 13 of Mr. Alexander N. Apostolou, Attorney, addresaed to the City Council. This Board mas advised in the letter, that Roanoke City Council requested that Mr. Apostolou*s communication be referred to this Board for reply to Council at its next regular meeting on March 25, 1963. The Board notes from the March 13 communication of Mr. Apostolou that he would like to request of Council to extend the length of time fixed by the Equalization Board of the City of Roanoke for taking and filing protests for the equalization of property assessments by aggrieved property owners, Mr. Apostolou further states that the Equalization Board at this time has fixed Friday, March IS, 1963 as the last date that they will consider and take complaints for the equalization of property and assess- ments, and that he would like to ask Council to extend this period of time so that those persons who have not had the opportunity may still file any protests that they may desire. The Equalization Board did meet at and for such time and times as it considered necessary to properly discharge its duties, according to law, January 3, 1963 throuoh March IS, 1963, after the proper statutory publications of notice of the meetings of the Hoard in the Roanoke newspapers, informing the public of the time and the place Of meetings fixed by the Board, for the purpose of hearing complaints of inequalities in the assessments. The reassessment books reported by the Board of Assessors showing the lost real estate assessments hare been available and Open for public inspec- tion since the first of the year in City Hall and in the office of this Board. Mide and extraordinary publicity by all news media was given about the last property assessments and of the meetings Of this Board. The Board, after careful and mature consideration of all the factors and clrcnmstances involved, feels that adequate time and opportunity to be heard in protest Of their last real estate assessments, upon proper and legal notice, has been given to all taxpayers in the City, including a group of approximately seventy- five property owners represented by Mr. Apostolou mentioned in his March 13 letter to Council, and who bas made proper and timely protests on March 15, 1963 on behalf of each property owner, for Hoard hearing and consideration. 283 The Hosrd further feels thate in its Judgement, it Is not necessary in the proper discharge of its duties imposed by Lam, that uny further meetings of the Hoard be scheduled by it rot taking end receiving real estate assessment protests for Eoard consideration and action after Hitch 15, 1963, the expiration time originally fixed by the Hoard for such purpose in Its duly published notice of. meetings in the Roanoke neuspapers, The comments and vlems herein expressed represent th~ unanimous opinion amd Judgement of the three-member Equalization Board, Respectfully yours, EOUALI~ATIO~ nOARH S/ Floyd M~ Brill Chairman S/ Jt H~nter Roberts Secretary S/ Lawrence Dt Johnson' In this connection, Hr. Apostolou appeared before Council and stated that it appears his only recourse is through the courts, but that he hopes before the next assessment of property is made necessary steps alii be taken to insure aggrieve, property owners adequate time In which to file their complaints. Mrs. Ashby Langhorne, 603 Harrison Avenue, N. W., appeared before Council and objected to the increase in the assessment of her property, stating that she would like to sell the property to the city for school purposes. Brs. Langhorne mas advised to contact the Roanoke City School Board. In a discussion of the matter. Mr. Pollard stated that it was unfortunate that an increase in real estate assessments and the tax rate came at the same time, voicing the opinion that had Council realized the increase in th'e real estate assessments was going to be so great it probably would not have increased the tax rate as much and expressin9 the hope that in the future steps will be taken to eliminate a repetition of the situation. Mr. Dillard stated that he feels the Equalization Board should receive protests from aggrieved property owners for an additional period of five to ten days. Mr. Garland stated that he feels the Board of Equalization should not begir its work until the tax tickets are delivered around March lit and was informed by the City Attorney that Council has no jurisdiction over the starting date of the work of the Equalization Board unless it can get the state law changed accordingly. After a lengthy discussion of the matter, Mr. Garland moved that Council request the Board of Equalization to receive additional protests for the equalizatioz of real estate assessments by aggrieved property owners for a period Of ten more working days. The motion was seconded by ~r. Dillard and unanimously adopted. ~ith further reference to the matter, Mayor Stoller called attention to a communication received from Mrs. Melva P. Grissom, protesting that the assessment levied against real estate in the northwest section of Roanoke is unreasonable, outrageous and ridiculous and requesting that the assessments be reverted to what they were in 1960, or lowered. Mayor itoller advising Council that he has informed Hrs. Grissom that Council has no control over the matter. Br. Dillard moved that the communication be filed. The motion mas seconded by Mr. Wheeler and unanimously adopted. REPORTS OF OFFICERS: BUDGET-HEALTH DEPARTMENT: The City Manager submitted a mrJtten report. recommending that $300 be transferred from Fees for Professional and Special Services to Extra Help under Section ~40, *Health Department** of the 1953 budget, to corer extra help which mill he needed in the laboratory and nursing division during the year. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the foil,ming emergency Ordinance: (#15150) AN ORDINANCE to amend and reordain Section a40. *Health Depart- meat.~ of the 1963 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book Ho. 26. page 172.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the foil,win9 vote: Stoller ........................................ 6. IFor full text of Ordinance, see Ordinance Book No. 26, page 173.) Manager and offered the following Resolution: (o15162) A RESOLUTION authorizing the installation of one 2500 lumen (AP Pole No. 227-65?). 285 286 AYES: Me ssra, Dillord, Garland, Jones, Pollard, #heeler, Young and Mayor 5toller ........................... ?, NAYS: None ...................O, BRIDGES: The City Manager submitted a written report., advising tbot the Norfolk and Mestero Railway Company has requested permission to raise the elevation of the First Street Rridge six inches and has also asked that if the permission is granted the First Street 8ridge be closed for a sufficient time to complete the project! In a discussion of the matter, Mr. H. Cletus Brolles, Director of Public Works. explained that the elevation of the bridge mill provide better clearance to the flow of traffic underneath the bridge. After a further discussion of the matter. Hr. Jones voicing the opinion that the bridge should not be closed until after April 15, 1963. because the approaching Easter season is u busy one for the merchants, and Mr. Young assuring Council that the Norfolk and Western Railway Company will be glad to cooperate in this matter, Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the followin9 Resolution: (=15163) A RESOLUTION anthorizin9 the temporary closin9 of First (Henry) Street Bridge over the tracks of the Norfolk and Western Railway Company after April 15o 1963. to permit the Railway Company to raise the elevation of the bridge six (6')'inches, (For full text of Resolution, see Re~olution Book No. 26, page 174.) Mr. Pollard moved the adoption of the Resolution, The motion Has seconde( by Mr. Wheeler and adopted by the following vote: AYES: Momars, Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................. 6. NAYS: None ...................O. (Mr. Young not voting) AIRPORt: The City Manager submitted a written report, recommending that the proper city officials be authorized to execute a license granting to the United States of America the right to install and operate an instrument landing system to serve Roanoke Runicipal (Woodrum) Airport. at an annual rental of $1.00, effective April 1, 1963, mith the provision that no renewal shall extend the period of occupancy beyond June 30, 1973, Mr. Pollard moved that Council concur in the recommendation Of the City Manager arid that the following Ordinance be placed upon its first reading: (=15164) AN ORDINANCE authorizing the proper City Officials to execute a license 9ranting to the United States of America the right to install and operate an instrument landing system to serve Roanohe Municipal (Koodrum) Airport. WHEREAS, the City Manager and the Manager of Roanoke Municipal (Woodrum) Airport have both approved the contents of the written license herein authorized to be executed; explained such contents to this Council; and recommended theadoption 287 THEREFORE, DE IT ORDAINED by the Council of, the City of Roanoke that the City Manager and the City Clerk be, and each ts hereby, authorized, respectively, to execute and attest aa instrument granting to the United States of America the license, right and privilege to Install, operate and maintain an instrument landing system and necessary control facilities mithin the present boundaries of the Roanoke Municipal (Mo*drum) Airport and/or lauds not included in said Airport boundaries but to mhich title or right has Or will be acquired by the City; it being agreed that the Initial installation and subsequent additions, modifications, relocations or other changes shall be subject to the approval of the City and that the Federal government, ~at its option, may renew the same annually, at an annual rental of ~IoO0, pr*tided that no renewal shall extend the period of occupancy beyond the 30th day of Juaet 1973, and provided, further, that sald license may be cancelled, by either party, upon six months* notice in writing. The motion was seconded by Mr. ~heeler and adopted by the following vote: AYe5: Messrso Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... NAYS: None ................... O. AIRPORT: The City Manager submitted a written report, advising that Section 701 of the Rousing Act of 1954 provides that cities and metropolitan areas may receive Federal grants to.tailing up to two-thirds of the cost of comprehensive planning of airports and that it appears to him now is the logical time to have experts program and plan for future deve'lopment of Roan*he ~unicipal (Woodrum) [Airport, the City Manager recommending that Council initiate a pr *gram which would establish the cost. length of the study and other pertinent information, to be used i by the city. Council being Of the opinion that the matter should be referred to the Airport Committee, and Mayor 5toller advising that the Roanoke Aviation Council has Yaaght, Milldam H. Carder' and T. E. Frantz, Jr., forstudy, report and recommendatlol STREETS AND ALLEYS-SIDEWALK, CURB AND GUTTER: The City Manager submitted strip of laud on both sides of Wentworth Avenu;, N~ ~., between Williamson Road and a point 430 feet east thereof, in exchange for cuib and g utter, be accepted. Mr. Dillard moved that Council concur in the recommendation of the City Ranager and that the matter be referred to theCity Attorney'for preparation of the SEWERS AND STORM DRAINS: Council having previously referred to the City Attorney for study and report a request of Mr. Ralph G. Amos, Jr.. 4322 Delray Street. No W., that the city pay the cost of digging up the sewer line on his 288 property lm the am~nnt of $167,76 since the lateral to the property is located approximately 18 leer from where it is shown on the sewer map in the Engineering Department end since it bas been determined that an obstruction in tbs saner line mas on city property, the City Attorney submitted a mrJtten report, verifying the facts ns stated by Mr. Amos and voicing the opinion that Mr. Amos should be refunded the $167.76 he found necessary to expend to correct the situation. On notion of ~r. Dillard, seconded by Mr. Jones and unanimously adopted, the matter mas referred to the City Attorney for preparation of the proper measure. INSUEA~CE: Council having referred the question of a pending increase in automobile liability insurance rates as recently approved by the State Corporation Come, Isaiah to the City Attorney for study and report as to how such increase will affect city-owned vehicles, he submitted the following report: *March 21, 1963 The Honorable the Council of the City of Roanoke Gentlemen: Earlier this month, you referred to ne for study and report the action of the State Corporation Commission in approving increase in the rates for certain automobile liability insurance being sold in the State. · I have been advised that the original illin9 involved mas made by the National Bureau of Casualty Underwriters and the Mutual Insurance Rating Bureau for chanoes in the basic rates for automobile liability insurance for thei~ member companies in September, 1962, before the Bureau of ~nsuraflCeo Mtn To Nelson Parker, Commissioner of Insurance, advises ne that the filing was studied and reviewed carefully by the staff of the Bureau of Insurance and was found to be statistically accurate, He says that after the requisite publication of notice of the hearing, the State. Corporation Commission held a public hearing on February 26, 1963, at which time, as is customary, the witnesses were examined and cross-examined by counsel for the Commission and other parties, After taking the matter under advisement, the Commission entered an orde~ holding that the rates requested were adequate, nonexcessive and not discriminatory. The rates will be effective April 1, 1963. Your Insurance Committee would be much more competent than I to advise you why such rates generally increase. Obviously, in order to protect the insureds of the Commonwealth, the State Corporation Commission must permit the insurance carriers to Respectfully, S! Ran G. Whittle J J I After n discussion of the matter, Mayor Stoller relinquished the Chair and offered the following Resolution protesting the rate lncrenses~ (s15165) A RESOLUTI'ON expressing this Council's disapproval of the State Corporation Commissionts recent decision In approving increases in the basic rates for certain automobile liability insurance coverage, (For full text of Resolution, see Resolution Book Ro, 26, page 175,) Hr, Stoller moved the adoption of the Resolution, The motion was seconded by Mr, Jones and adopted by the following vote, #essrs, Pollard, Bbeeler and Young voicing the opinion that the Resolution should have been prepared beforehand for perusal of members of Council and other members of Council pointing out that it will be too late to adopt the Resolution at the next regular meeting of the body since the rate increases become effective April 1. 1963~ AYES: Messrs, Dillard. Jones, Stoller and Vice Mayor Garland ...........4. NAYS: Ressrso Pollard, Rheeler and Young ...............................3. CITY AUDIYOR: The City Auditor submitted a monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencing J~n~ary lo 1963, and ended February ~8, J963. On motion of Mr. ~heeler, seconded by Mr. Dillard and unanimously adopted, the report was filed. REPORTS OF CORMIT~£/r25: PARKS AND PLAYGROUNDS: Council having adopted Resolution No. 14755 on April 2, 1962, appointing a committee to coordinate, supervise and undertake the completion of a Transportation Center and Railroad Museum in Rasena Park, Mr. James O. Trout, Chairman of the Finance Committee, appeared before Council and presented a written report On behalf of the Transportation Center and Railroad the project to date and proposed plans for opening of the Museum on May 30, 1963. Mr. Trout presented a list of items which the committee feels should be accomplished by the opening date in the total amount of $43,150, and requested that Council share in this initial undertaking to the extent Of }10,000 which will enable the committee to proceed at once with the construction of a fence, the installation of storm drains, sewer lines, water lines and other necessary installation work which must be accomplished at first, Mr. Trout assuring Council that in the meantime :::'89 .290 to Roanoke, stated that although the prop'osed Transportation Center and Railroad Ruseum is a commendable project he feels that the $100000 requested of the city is urgently needed for street repnirSo Mr° Jones pointed out that approximately $16,200 of the $43,150 for capital improvements ut ~asena Park Is n~eded anyway and that he feels confident the city Hill recoup the $10,000 through admission fee's in o very short time, Mayor Stoller concurring in the opinion of Hr. Jones, After a f~rther dis'cas,Jun 'of the matter, the City Manager recommending that Council appropriate $10,000 for the capital lmprorements at Ma,erin Park, Hr, Dillard moved that Council concur in the request of the Transportation Center and Railroad Ruseum Committee and offered the following emergency Ordinance uppropriatin~ $10,000: (=15166) AN ORDINANCE to amend a~d reordain Section mi6?, WContingencie~," and Section #ITO. "Capital,' of the 1963 Appropriat'ion Ordinance, and providing for emergency. (For full text of Ordinances see Ordinance Book No, 26, page Mr. Dillard muted the adoption of the Ordinance. ~he motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, ~heeler, Young and ~ayor 5toiler ................................. NAYS: None ...................Oo INSURANCE: Council having previously referred the request of the ~llstate Insurance Company that it be allowed to participate in the city's fire insurance program to a committee for study, report and recommendations the committee submitted the following report: "Roanoke, 'Virginia March 14, 1963 Yhe Honorable Murray A. Stoller Mayor of the City of Roanoke and Members of City Council Roanoke, Virginia Gentlemen: At 'thc regular meeting of the Council of the City of Roanoke on March 4, 1963 you referred to the below committee for studyr report and recommendation, the request of the Allstate Insurance Company that it be allowed to participate in the city*s fire Insurance program. Your committee interviewed this Councilts insurance advisory committee and also representatives from the Allntute Insurance Company and our conclusions have not been made lightly or without consideration of all the factors involved. We feel that both sides of this question have valid arguments to offset the others and it has therefore not been easy for us to come to the follow- ing conclusions and recommendations to this body: l, That this Council authorize ~he City Manager to negotiate a $250,000 fire in,atonce policy with the Allstate Insurance C~mpany, thereb~ reducing by a like amount, the amount of insurance now held by all. other cumpanies. 2. Continue the committee to study possible revision of the city's present insurance program including a study of self- insurance. 291 3, Instruct the City Manager to furnish this committee with the yearly totals of fire insurance premiums paid by the City of Roanoke and also · list of claims paid the City for any 'loss incurred froa 1952 to 1962, Respectfully submitted, S/ Robert At Garland Robert A, Garland, Chairman S! Denton 0t Dillard Benton O, Dillard S/ Roy Rt Follard, SFt Roy R, Pollard, In this connection. Hr. Robert M, Putnam, a member of the Insurance Advisory Committee for the City of Roanoke, appeared before Council and voiced the opinion that the committee which has submitted the above report has come up with an effort to compromise which would be fair to everybody, but warned that the con- tinuity and service of his Insurance Advisory Committee cannot be maintained if this compromise is approved, Mr. Putnam stating that he feels the committee is favoring one company, which is discriminatory and mill open the door to bids from other insurance companies. After a further discussion of the matter, Mr. Putnam and Mr. R. Eo Culler representing the Allstate Insurance Company, assuring Council that they would work with each other and the City Manager in settlin9 claims and payment of the premium on the $250,000 worth of insurance coverage in view of binders which have been placed On fire insurance policies expiring March 1, 1963. Mr. Dillard moved that the report of the committee appointed by Council be approved. The motion was seconded by Mr. Jones and unanimously ~dopted. Mr. Garland then offered the followin9 Resolution carryin9 out the recvmmendations of the committee: (~15167) A RESOLUTION authorizin9 the City Manager to negotiate a fire insurance policy with Allstate Insurance Company; continuing a committee heretofore appointed to study possible revision of the City*s present insurance program; and instructing the City Manager to furnish such committee with premiums paid by the City and, also. claims paid the City for any fire loss incurred from 1952 to 1962. inclusive. (For full text of Resolution, see Resolution Book No. 26, page 176.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following yote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Rheeler, Young and Mayor Stoller ..........................7. NAYS: None ...................O. GRADE CROSSINGS-S~REE~$ AND ALLEYS: Council having previously referred the request of Mr. Ralph A. Glasgow that the City of Roanoke take action to establis a roadway and railway crossing over the tracks of the Norfolk and Mestern Railway Company as an extension Of Roanoke Avenue. S. M., to provide ingress and egress to and from bis property designated as Official Tax No. 1510301. to a committee '292 composed of Messre, Robert A, Garlands Chairman, James E, Jones, Murray A, Stoller, Randolph G. ~hittle, Arthur S. Omens and H. Cletus Sroyles for study, report and recommendation, the committee submitted a mritten report, advising that Mr. Glasgow has informed the chairman of the committee that he is temporarily withdrawing his request, On motion of Hr. Pollard, seconded by Mr, Wheeler nod unanimously adopted, the report mas filed. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE~ INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STATE HIGHWAYS-STREETS AND ALLEYS: Ordinance No. 15159, agreeing to dedicate certain real estate for street purposes la consideration of the Virginia State Department of Highways and the Federal Bureau of Public Roads agreeing to proceed mith the revised project for the relocation of Elm Avenue. $. E.. on a cost basis of 25 per cent to the City. 25 per cent to the State and 50 per cent to the Federal Bureau of Public Roads, having previously been before Council for Its first reading, read and laid over, was again before the body, Mr. Jones offering the following for its second reading and final adoption: (n15158) AN ORDINANCE pursuant to nhich the City agrees to dedicate certain real estate for street purposes in consideration of the Virginia State Department of Highways and the Federal Bureau of Public Roads agreeing to proceed with the revised project for the relocation of Elm Avenue, S. E., on a cost'basis of 25 per cent each to the City and the State and 50 per cent to the Federal Bureau of Public Roads. IFor full text of Ordinance. see Ordinance Uook Ho. 26, page 171.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by ~r. Wheeler and adopted by the following vote: AYES: Masers. Dillard, Garland, Jones, Pollard. hheeler, Youn9 and Mayor Stoller · NAYS: None ................... O. WATER DEPARTMENT: Council havin9 directed the City Attorney to prepare ti proper measure requesting the Roanoke Valley' Regional Planning Commission to determine the approximate cost Of haviog a Water Resources Study made for the Roanoke Valley, he presented same. Xna discussion of the matter, it nos pointed out that the City of Roanoke has already had its own studies made of water resources. Mr. Jones suggesting that these studies be taken into consideration and made available to the Roanoke Valley R~gtonal Plannin9 Commission and that the City Manager be directed to work in cooperation with the RegiOnal Planhin9 Commission in its efforts to determine the cost of a regional study, Mr. Hheeler offered the following Resolution: (#15168) A R~SOLD~ION requesting the loeuoke Valley legloaul Pluueiug Coowisslon to uscertu$o the spproxlmute cost to the purticlpotiug politlcul sub- divisions constituting said Commission to have a comprehensive engineering study wade of water resources available to the Roanoke Valley on a regional basis. (For full text of Res*lotion, see Resolution Book No. 26, page 177.) Mr. Mheeler waved the adoption of the Resolution.. The notion oas sec*nde by Mr. Young and adopted by the following vote, Mr. Dillard objecting to the possi- bility of expenditure of city funds for a study it does not need: AYES: Messrs. Garland, Jones. Pollard, Mbeeler, Young and Mayor St*lief ........................................ NAYS: Mr. Dillard ...................1. MOTIONS AND MISCELLANEOUS BUSINESS: STATE HIGHMAYS: Council having appoJntud a committee to confer uith the Commissioner of the Virginia Department of flighrays, or go before the members of the State Highway Commission, in meeting, and seek approval of the proposed widening and channeling of Orange Avenue, N, E,, west of Milliamson Road to the Interstate Route 581 project, leaving an Opening in the median strip at Courtlaud Road for a trial period, Mr, Paxton C, Judge, representing the Kroger Company, appeared before Council and stated that he does not believe Council realizes how many customers use Courtland Road in ,reaching the business area north of Orange Avenue and west of Willianson Road, Mr. Judge expressing the fear that if these customers are forced to use Orange Avenue and Wlllianson Road to reach the business area in question there will be a considerable drop in patronage. Mr, Judge was assured that the committee is working vigorously to solve the problem, STREEYS AND ALLEYS-TRAFFIC: Mayor St*lief brought to the attention of Council a communication from Mr. H. S. Th*mpa*n, 205 Elm Aeen~e, S. M., requesting that the alley at the rear of his property be repaired and that parking space in the vicinity of his home be made available. On motion of Mr. Garland, seconded by Mr. Wheeler and unanimously adopted, the request was referred to the City Manager for study and report to Council, AUDX~ORXOM-COLISEUM: Mayor St*Ilar advised that he has received a letter from Mayor James I, Mayer, on behalf of the Council of the Town of Salem, offering to convey 25 acres of lend in Salem as a site for the proposed auditorium-coliseum und to participate in the cost of the project if the site is used for this purpose, Mayor St*liar explaining that the. communication was received too late to be placed on the agenda and raising the question as to whether Or not Council wishes to consider the matter at this time, Mr,.Dillard moved that the matter be taken up off theagenda, The motion Mayor St*lief then presented the following communication from Mayor Mayer: 293 294 =#urch 25, 1963 Honorable Murray A, St*liar Mayor of the City of Roanoke Municipal Building Roan*he, Virginia Dear Mr. St*liar: I sm writing you, at the direction of the Council of the Town of Salem, tO officially advise the Council of the City of Roanoke of the following pruposal. (1} Re are acquiring a tract of land Ju Salem contaluJug 73.?0 acres, bounded on the north by Texas Street (Alternate U. S. Routes 11 end 4hO) and on the southwest by Boulevard- (2) Me will convey without any cost to the City of Roanoke, or other legally created agency, t~enty-five acres of said tract of land, to be used as n site for the cunstructiono without unnecessary delay, of the long planned and much eeeded coliseum and auditorium buildings, and parking facilities, (3) Rhea we met On January 25, with the Auditorium-Coliseum Committee of the Council of the City of Roanoke, and represent- atives of other political subdivions of the area, and from what ue subsequently have gathered from other sources, we understand that it is the wish of the City of Roanoke to seek fiuancial assistance from the other political subdivisions of this area in this undertaking, Re consider that such financial assistance can best be had by the creation of n Joint authority, under Sections 15-714.1 through 15-714,11 of the Virginia Code, Re will not insist upon this procedure if the Council of the City of Roanoke desires to retain control over the construction of the contemplated buildings and parking facilities, the use of the same. and the maintenance and up-keep thereof. (4) We stand ready to enter into the matter fully, includ- ing consideration of additional material financial participation by us in the construction, equipping and maintenance and up-keep of the proposed buildings and parking facilities; provided, bowater, that the Conncil of the City of Roanoke is receptive to our offer and is willing to make the undertaking a Roanoke Valley We have begun the planning for the development of the entire tract Of lnnd, so that any use by us now, or in the future, will he considered, in order to assure the proper planning of the entire tract, including full attention to the use of twenty-five acres of the land for the purposes aforesaid, it is respectfully requested that we be advised, as soon as practicable, whether the Council of the City of Roanoke is receptive to our proposal. Please advise us in the reasonably near future. Very truly yours, S/ James I, Mayer JAMES I. MOVER, Mayor~ Mr, Pollard then moved that the offer be referred to the committee compose of Messrs. Robert A. Garland, Chairman, Murray A. St*liar, Walter L. Young and James E. Jones for study, report and recommendation to Council, The motion was seconded by Mr. Young and unanimously adopted. Rlth further reference to the matter, Mr. Wheeler moved that the City Clerk be instructed to acknowledge receipt of the communication, expressing the appreciation of the Council of abe City of Roanoke for the offer of the Council of the Town of Salem and advising the Town Council that its offer has been referred to the Auditorium Committee of the City Couocil for study, report and recommendation, The motion was seconded by Mr. Pollard and unanimously adopted, On motion or Hr, Jones, seconded by Hr. Dillard and unanimously adoptede the meeting Was adjourned. APPROV £D ATTESt: 295 -296 COUNCIL. REGULAR MEETING, Monday, April 1, 1q63, The Council of the City of Roanoke met Jm regular meeting in the Council Chamber ia the Municipal Building, Monday, April 1, 1963, at 7:30 pom., sikh Mayor Stoller presiding. pRESENT: Messrso Dillard, Garland, Jones, Pollard, Yheeier and Mayor Stoller .............................. 6. ABSENT: Mr. Young ...............I. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. James N. Klncanofl Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting nas opened mith a prayer by the Reverend J. A. Ricks, Pastor, Belmont Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. March 25, 1963, bavin9 been furnished each member of Council, on motion Of Mr. Garland seconded by Mr. Rheeler and unanimously adopted, the reading thereof was dispensed sikh and the minnies approved as recorded. ilEARING OF CITIZENS Upon PUBLIC MATTERS: STREETS A~D ALLEYS: bursuant to notice of advertisement for bids on paving of streets at various locations in the City of Roanoke in accordance with the Virglnil Department oF Blgh~ays specifications, said proposals to be received by the City Clerk until 1:30 p.m.. Monday, April l, 1963, and to be opened at 7:30 p.m. before Council. Mayor Stoller asked if there ~as anyone present who did not fully understand the advertisement, if there was anyone present who bad been denied the privilege of bidding, or if there ~ere any questions about the advertisement anyone would like to ask, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. The City Clerk opened and read bids from Adams Construction Company, in the amount of $178,260; Virginia Asphalt Paving Company. Incorporated, in the amount of $1BO.BB2; and S. R. Draper Paving Company. Incorporated, in the amount of $197,015. Mr. Garland moved that the bids be referred to a committee to be appointed by the Mayor for study, report and recommendation to Council. the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. The motion was seconded by Mr. Pollard and unanimously adopted. Mayor Stoller appointed Messrs. Robert A. Garland, Chairman, Roy R. Pollard Sr., Arthur S. Owens and H. Cletus Broyles as members Of the committee. ZONING: Council having previously set a public hearing for T:30 p,m., April 1. 1963. on the request of Mrs. Kathryn L. Stokes that property located on the northwest corner of Brandon Avenue and Warrington Road, S, W., described as Lots 1-6 inclusive. Block l, McRae Map. designated as Official Tax Nos. 1241108-1241112, inclusive, be rezoned from General Residence District to Special Residence Oistrict. the matter was before the body. Mr. Richard.T, £duardso Attorney, representing Mrs. Stokes, appeared befor~ Council in support of the request for rezoolug. Tueuty-eight residents of Warriugtou Road, 8random Avenue, Nukefield Road and Sheffield Road appeared before Council in opposition to the proposed rezoaing, Hr. Edwards advised Council that his client is ill and that ia vlem of the opposition to the proposed rezonlng he would like for the hearing to be continued in order that HFS. Stokes may have an opportunity to present her reasons for the requested rezoning to the body. Hr. Dillard saved that the public hearing be continued until 7:30 May 6, 1963. The motion was seconded by Mr. Mbeeler a~d unanl=ously adopted. ZOHING: Council having previously set a public hearing for ?:30 April 1, 1963, aa the request of Mrs. Gludies M. RoomaM and Hr. W. Reeves Goodman that property located on the north side of Cove Road, N. W., in the vicinity of Golf$ide Avenue, being the eastern portion Of a tract of land designated as 0fflclal Tax No. 2400143 and an adjoining tract of land designated as Official Tax No. 246010~ be rezoned from General Residence District to Speclai Residence District for a depth of approximately 2?5 feet, the matter was before the body. In this connection, the City Planning Commission submitted the following report: 'February 25, 1963 The Honorable Murray A. Stoller, Mayor, and Members Of City Council Roanoke, Virginia Gentlemen: At its February 20, 1963 meeting, the City Planning Commission considered the aborn rezoning request. Mr. Arthur E. Smith, attorney for the petitioners, informed the Planning Commission that Mrs. Goodman is planning to erect a nursing home on the · premises provided that the zone change.is approved. The nursing home will be built as a one-story structure with pitched roof and brick veneer outside walls. Mrs. Goodman informed the Commission that she, herself, will manage the nursing home pro- riding for approximately twenty-five guests. The structure will be placed on the two acre lot in such a way that sufficient setback is prorided from the street and satisfactory planting space can be obtained as a buffer against the adjoining property. After studying pertinent maps of existing land use and traffic volume, the City Planning Commission concluded that the proposed use ~ould not be detrimental to the existing residential properties and ~ould provide a much needed service to the community. The City Planning Commission therefore recommends to City Council that this rezoning request be granted and the lots be rezoned from General Residence District to Special Residence District. Respectfully submitted, S/ Werner E. Sensbach for Harold M. Hill Chairman# Mr. Evans D. Jessee, Attorney, representing the petitioners, appeared before Council and advised that the nursing home proposed to be constr'ucted on the site will be built according to state specifications which require that all rooms be outside rooms, that the structure be as fireproof as possible and that the 297 298 bare n Central balleay, Hr, Jessee reaffirming, that.the petitioners pins to erect a brick building mlth u pitched roof as far back on the property as possible ~lth attractive landscaping of the surrounding area. Mr. ~emell k. Key, 3037 Core Road. N. W., and Hr, Carl H. Kessler, owner of property at 3201 Cove Road. N. M., appeared before Council and stated that they have no objection to the property being rezoned if the plans outlined by Hr. Jessee are followed. Mrs. Goodman, who proposes to manage the nursing home. assured Rt. ~ey and Hr. Kessler that any structure built on the site In question will not be of a type which would be detrimental to the surrounding area. Hr. M. M. CarrJngton, Reaj Estate Agent, expressed complete confidence in the intention of the petitioners to carry out present plans for the nursing home if the property Js renoned. Everyone present having been given an opportunity to be heard on the matte Mr. Pollard moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (u15169) 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 to have certain property located on the north side of Cove Road, N. W., in the vicini.y of Golfslde Avenue, being the eastern portion of a tract of laud designated as Official Tax No. 2480143 and an adjoining tract of land designated as Official Tax No. 24~0105. rezofled from General Residence District to Special Residence District for a depth of approximately 275 feet; and MHEREAS. the City Planning Commission has recommended that the hereinafter described land be rezoned from General Residence District to Special Residence District for a depth of approximately 275 feet as aforesaid; 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 Morld-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 Isa day of April. 1963, at 7:30 p.m.. before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to he heard both for andagaJnst 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, 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 Cove Road, N. W., in the vicinitl of Golfsfde Avenue, described as that certain tract of land located on the northerly side of Cove Road, N. W., fronting approximately 3~8.59 feet on the said Core Road, being approximately 275 feet in depth, and lying betueen the property heretorore conveyed to Carl Messier and the property of Neuell N. Hey, said property being designated on Sheet 248 of the Zoning Map es parts of Official Tax Nos. 2400143 and 24U0105, be, and is hereby, checged from General Residence District to Special Residence District for · depth of 275 feet and the Zoning Hap shall be changed in this respect. The motion mas seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stoller ................................. 6. NAYS: None ...................O. (Hr. Young absent) PETITIONS AND COMMUNICATIONS: SEWERS AND STORM DRAINS: A Resolution of the Council of the Town of Salem requesting that the contract between the Town of Salem and the City of Roanoke, dated October 16, 1953, dealing with the treatment of domestic and commercial wastes be amended to include a 33-acre tract of land located on the west side of Mill Lane (Virginia Secondary Route 636), between Penley Boulevard (Virginia Secondary Route 773) and Gordon Street, south of Salem, was before Council. In a discussion.of the matter, Mr. Jones stated that he feels it should be determined whether the city sewer lioes are sufficient to take care of the above are; Mayor Stellar stated that he feels action on the request should be deferred until the committee studying the policy of the city in respect to water and sever charges to areas outside of the corporate limits has submitted its report. After a discussion of the matter, Mr. ~heeler moved that the request of the Town of Salem be referred to a committee composed of Messrs, Walter L. Young, Chairman, Roy L. Webber, Randolph G. Whittle and Arthur S. Owens for study, report and recommendation to Council, said study to include the question of whether or not city sewer lines are sufficient to take care of the 33-acre tract of land. The moti was seconded by Mr. Jones and unanimously adopted. MATER DEPARTMENT: A communication from Mr. Cecil Simmons, 1405 Nineteenth Street, N, E., complaining that he was btl{ed for water from a water meter mhich proved to be faulty, was before Council. On motion of Mr. Pollard, seconded by Mr. Dillard and unanimously adopted, the complaint was referred to the city Lanager for study and report to Council. TRAFFIC: A communication from Mr. Mo J. Perdue, 1019 Salem Avenue, S. We, advising that parking, is restricted in front of his place of business and requesting that the restriction be changed to a loading zone, was before Council. On motion of Mr. Jones, seconded by Mr. Wheeler and unanimously adopted, the request was referred to the City Manager for study,'report and recommendation to Council. INDUSTRIES: A communication from Mr. Jack C. Smith, Executive Vice President of the Roanoke Chamber of Commerce, requesting permission to hold the dedication ceremony for the new Sealtest Plant in the Blue Ridge Park for Industry 299 300 in front of the Runicipal Building on April 11, 1963, at 3 p.u. and to line certain streets~ln the downtown area with Sea'test trucks between 2=30 p.m. and 4:00 p.m. for the purpose of dispensing free Ice cream, was before Council. On motion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted, the request nas referred to the Cfty Attorney for preparntJon of the proper measure. REPORTS OF OFFICERS: EASEMENTS-SEMERS AND STORM DRAINS: The City Manager submitted a uritten report, recommending that he be aothoriaed to execute a license agreement with the Norfolk and Western Railway Company pursuant to which said Railway Company will permit the City of Roanoke to lay and maintain an 6-inch.sanitarysewer line under property of the Company for the purpose of servingthe Westwood Gardens Subdivision. Mr. Garland moved that Council concur in the recommendation Of the City Manager and offered the follosing Resolution: (~15170) A RESOLUTION authorizing the City Manager to execute a license ,agreement with the Norfolk and Western Railway Company pursuant to ~hich said Railwa iCompany permits theCity to lay and maintain a sanitary sewer line under the lands said Railway Company in the City of Roanoke. (For full text of Resolution, see Resolution Book No. 26, page ITO.) Mr, Garland moved the adoption of the Resolution. The motion was seconded by Mr. hheeler and adopted by the following vote, Mr. Dillard objecting to the term "license agreement": AYES: Messrs. Garland, Jones, Pollard, ~heeler and Mayor Stoller ........ ~AYS: Rr. Dillard ....................................................... 1. (Wt. Young absent} AIRPORT: The City Manager submitted a written report, advising that the contracts between the City of Roanoke and Eastern Airlines. Incorporated. and Piedmont Airlines will expire July 31, 1963, and suggesting that steps to renegotiat the contracts be started immediately. Mr. Wheeler moved that the matter be referred to a committee composed of Messrs. Roy L. Webber, Chairman, Roy R. Pollard, Sr., Arthur S. O~ens, Robert Woody, J. W. Burress, E. R. Yaught, William R. Carder and T. E. Frantz, Jr., for study, report and recommendation to Council. The motion was seconded by Mr. Jones and unanimously adopted. BUDGET-ASSESSMENT OF PROPERTY: The City Manager submitted a written reporl advising that the Board of Equalization has requested an additional $7,119 for completion of the work of the Equalization Board from April 17, 1963. through June 1, 1963, and recommended that this amount be transferred from Section "Contingencies." to Section mG, "Assessment of Real Rstate,~ of the lq63 budget, for this purpose. Mr. Garland moved that the request be referred to o Committee composed of Mr. 8eaton O. Dillard, Chairman, and Mr. James N. Kincanon for study, report and recommendation to Council. The motion was seconded by Mr. Wheeler and unanimously adopted. In thin connection, Council bavio~ requested the Board of Equalization to receive addltlonnl protests for the equalization of real estate assessments by aggrieved property owners for a period of ten more working days, a communication from the Equalization Board, advising that the request is being duly considered and studied by the Roard and that the Board will make its reply to same at the ~xt regular meeting of Council, was before the body. On motion of Mr. Garland, seconded by Mr. ~heeler and unanimously adopted, the communication was filed. ~ith further reference to the work of the Board of Equalization, the City Attorney submitted a mritten report, transmitting a memorandum ~Ith regard to the state law 9overnin9 Local Boards of Equalization. On motion of Mr. Garland, seconded by Mr. Dillard and unanimously adopted, the report was filed. ZRAFEIC-ALCOHOLIC BEVERAGES: Council having requested the city Attorney to !uraish the body with a report on the legal efficacy of the provisions of the City Code with regard to drunken driving and whether or not the city is prosecuting drunken driving cases under the City Code, as amended; also, to submit a report and recommendation on the matter of the City Code paralleling state offenses generally. the Assistant City Attorney submitted the following report on prosecuting drunken driving cases: 'March 22. lqG~ The Council of the City of Roanoke Gentlemen: At a recent meeting of the Council, this office was directed to advise that body of certain local aspects of the State*s *Implied Consent Law*. particularly relating to the matter of blood analyses as provided for in the new law. Under date of June 6. 1962. knowing that the 'Implied Consent Law, would become effective on June 29. 1962, we called the matter to Council's attention by our letter, a copy of which is enclosed herewith for easy reference by the members of Council. ~ith that letter we transmitted a proposed ordinance by which the City*s prior provisions for blood analyses would be repealed, effective June 29, 1962, for the reason that same would have been in conflict with the State law after June 2qth in the absence of the repeal of the local provision of the local ordinance. As stated in our letter of June 6th, the newer State law had a State-wide effect, was by its Own terms applicable to prosecutions bought under local ordinances on charges of drunken driving and, in our opinion, pre-empted the field in the matter of chemical analysis of blood' of persons accused of drunken driving. City Council adopted the above-mentioned ordinance on June 1~, 1q62, and, as a result, our local conflicting ordinance stood repealed as of June 2qth, following. It is the opinion of this Office now, as upon the earlier occasion, that the present State law on the subject is all-embracJve, is applicable in prosecutions brought under the Cltyts ordinance prohibiting drunk driving and that Council need not write into the City Code the same provisions relatin9 to the chemical analysis of blood as are contained in the State law. Further answering the questions raised at the recent Council meeting, it is our understanding that, except for a period of a 3O2 brought under section 76, Chapter 1, Title. XY!lI of the City Code prohibiting that act nad all rimes imposed by the local courts In cases resulting in convictions ire Imposed in the name of the City. In this connection, the current State law'above refer'red to makesa separate offense or the act of refusing, under proper circumstances, to submit to a blood analysis and fixes as a penalty for such refusal the suspension of the defendant's operatorts license for n period of ninety days for the first offense and rot sim months for n second or subsequent offense or refusal ulthin one year of the first or othe~ such refusal. No/ina or Jail sentence is involved. Inasmuch os the City may not impose a higher or greater penalty than that provided by the legislature for a similar offense, we can see no reason mhy the City should attempt to parallel the State law in that ~espect, uhere no fine may be imposed boa costs of prosecution might be substantial. In our opinion, all charges for refusal to submit to the blood analysis may and properly should be brought under the State law. It is common knowledge that the previsions Of the #Implied Consent Laww are being challenged at the moment On various grounds in several parts of the State. Ne are not attempting in this report to express any opinion whatsoever on the consti- tutionality or legality Of the law; that is the province of the courts in which prosecutionsunder the law are brought. The opinion which me do state is that our local ordinances harmon- ize and are not in conflict with the State law and that, until the status of the latter be changed, no action need be taken by the Council in that regard. Respectfully S/ J. N. Klncanon Assistant City Attorney~ The City Attorney submitted the following report with regard to parallell! state offenses generally: *March 28, 1963 The Honorable the Council of the City Of Roanoke Gentlemen: At the time you were discussing the local status of the 'Implied Consent Law*. on motion of Councilman Dillard, I was directed to submit a report and recommendation on the matter Of the City Code paralleling State offenses generally. I am sure that a detailed study Of this subJect would entail more effort and time than you would want any individual to give the matter at this time. The City has the right only to legislate agaiust misde- meanors; that is, offenses punishable by fine and/or imprisonment in ~Jl* It may not legislate against felonies; i.e., offenses punishable by imprisonment in the penitentiary. The State has designated an exceedingly large number of offenses as misdemeanors, and the City has followed the State's precedent and designated much of man*s conduct--some involving no moral turpitude--as misdemeanors. Title XXlII of our current City Code deals mith misdemeanors and offenses. That title is broken down in seven chapters deal- ing. respectively, uith offenses against property, against health, against morality and decency, against the peace, segregation, miscellaneous offenses, and enforcement of fines. Nevertheless, neither Roanoke nor any Virginia city that ! know of parallels the State in all misdemeanors regarding.which the State has not pre- empted the field. I looked through the recent codes of the cities of RJch~ond and Lynchburg moth some care and I am satisfied that me have as many, if, indeed, not more, ordinances paralleling misdemeanors enacted by the State then either of those two cities. Further, I talked with Chief Judge Beverley Fitzpatrick of ourMunicipal Court and I gather from him that he thinks there are only a relatively few State misdemeanors that the City might pick up additional revenue by paralleling. Of the few he mentioned, he seems to feel that an ordinance paralleling the 'common law' offense Of simple assault would probably prove most remunerative. Each of you, l'nm sure,'underitand thatthe'Clt~ could easily lose considerable money by adopting ordinances paralleling certain State misdemeanors, For instance. Judge Fitzpatrick says the City bna no ordionnce pnrnllelJsg the State misdemeanors of uttering bad cheoks~ committing petty larceny or shoplifting, I do not knom, and your guess is as good as mine, but I hare n notion that, if'every person found guilty of those three offenses as misdemeanors (they may constitute misdemeanors or felonies, depending on the amount of money Involved) daring,'say, the last decade mere tried under a City ordinance, it mould hare cost the City more to incarcerate those unable or unmilling to pay their fines than the City would have reneived in revenue from those able and willing to pay their fines. The cost of keeping nil misdemeanants found guilty of violating City ordinances, of course, falls upon the City; while ail costa of those found guilty of violating State misdemeanors fall upon the State. Then, too, there are innumerable misdemeanors that necessarily should be enforced only by the State. One illustration of these would be obtaining unemployment compensation by fraud. In such numerous Instances it would obviously be unwise to have paral- leling ordinances. Summarizing. it is my guess, and only a guess, that the City is not losing any money by not paralleling by ordinance all State misdemeanor statutes it Is authorized to parallel; that probably some additional revenue might be realized by paralleling permiss- ible State statutes In those instances where a careful study would indicate that most convicted individuals ~ould pay the fines imposed rather than serve the jail sentences. It is, however, my personal belief that, in most cases, Council, in enacting criminal ordinances. should be controlled by the protection of its citizens rather than the revenue that such ordinances might produce. Trusting that this report gives you the information desired, I am Respectfully, S/ Ran G. Mhittle City Attorney" After a discussion of both reports, Mr. Pollard moved that the City Attorney be directed to prepare the proper measure paralleling the state law on assault. Mayor 5toiler relinquished the Chair to second the motion which was unani- mously adopted. CITY AUDITOR: The City Auditor submitted the financial report of the City of Roanoke for the fiscal year ended December 31, 1962. On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the report Pas filed. STREETS AND ALLEYS: Council having previously referred to the City Planning Commission for study, report and recommendation the request of Mrs. Blanche Bowman, et al., that Averett Street, H. W., between Williamson Road and Round Hill Avenue, be vacated, discontinued and closed a distance of 308.34 feet, and having appointed viewers to report on the matter, the City Planning Commission submitted a written report, recommending that Averett Street, H. ~., between iilliamson Road and Hlllcrest Avenue, be vacated, discontinued and closed. The viewers also submitted their report, advising that they bare viewed Averett Street, N, W., between ~illiomson Road and Round Hill Avenue, and that they are unanimously of the opinion no inconvenience will result either to the public or to any individual from the vacating, discontinuing and closing of same. Ie this connection, Mr. Earl A. Fitzpatrick, Attorney for the petitioners, appeared before Council and pointed out that the City Planning Commission is recommending that an additional block of Averett Street be vacated, discontinued 303 '304 end closed, Hr. F~tzpat~lck advising that his clients have.no objection to Including this additiona! block in their request, but that it mill probably be necessary for the viewers to vieu the additional block and submit their report thereon to Council. ' Hr. Wheeler moved that a'pabllc hearing ca the question of vacating, discontinuing and closing Averett Street, N. W** betueen ~illiamsoo Road and Hlllcre~ Avenue, he held, at T:30 p.m., Way 6, 1963. The motion was seconded by Mr. Dillard and unanimously adopted. Mr. Wheeler then moved that the question of vacating, discontinuing and closing Averett Street, H. M., between Round Hill Avenue and Hillcrest Avenue, be referred to the viewers for further report to Council. The motion was seconded by Mr. Dillard and unanimously adopted. ZONING-SETBACK LINES: 'Council having referred to the City Planning Commis. sion for study, report and recommendation a recommendation of the City Manager that setback lines be established on both sides of Brandon Avenne, S. ~.0 from a point approximately 150 feet east of Langdon Road to the western city limits, measuring SO feet from the center line of Brandon Avenue, the City Planning Commission submitted a ~ritten report, recommending that setback lines be established on Brandon Avenue according to Plan No. 4450 as drawn by the City Engineer. Mr. Mheeler moved that a public hearing on the question be held at 7:30 ).m., May 6, 1963. The motion was seconded by Mr. Garland and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Commisslc [or study, report and recommendation the request of Kimmerling Brothers, Incorporated that Bland Avenue, H. ~., Grayson Avenue, N. W., and an alley lying midway between be permanently vacated, discontinued and closed for a distance of approximately 202 feet east from Nineteenth Street, the City Planning Commission submitted a written report, recommending that the request be granted. Mr. Wheeler moved that a public hearing On the matter be held at 7:30 p.m. kay 6, 1963. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation the request of the Texanna Bryant Heirs that property located at 3106 Franklin Road, S. g., designated as Official Tax No. 1300402, be rezoned from General Residence District to Business District, the City Planning Commission submitted a written report, recommending that the request be granted. Mr. Wheeler moved that a public hearing on the matter be held at 7:30 p.m., May 6, 1963. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation the question of rezoning the entire block of Thirteenth Street, S. N.. between Campbell Avenue and Chapman Avenue, from Special Residence District to Business District, the City Planning Commission submitted the following report: "March 26, 1963 The Honorable Murray A. Stoller, Mayor, and Members of City Council Roanoke, Virginia Re: (1) Request of Hr, Ral. ph A., Glnsgom that property located on the southeast corner o'f Chapman Avenue and Thirteenth Street,.$, v., Official Tax No, 1220301 be rezoned from Special Residence Dlstr'ict to'Business District, (2) Request or Nessrs, B, A, Prillaman and John H, Pence, Jr** that pro~er~y on the horthmest corner of Campbell Avenue and Thirteenth Street, S, M,, being Lots g. 10 and 11, Official Tax ~o, 1220217, be reznued from Special Residence to Business District. (3) Request of Expert Publications, lac** that property on the uesL side of Thirteenth Street, S. V** 25 feet south of Chapman A~enaeo Official Tax ~o. 1220209, described as part of Lot 1, Bloch 16, Vest End. be rezoned from Special Residence District to Business District. Gentlemen: In its Rarch 20, 1963 meeting, the Cit~ Planning Commission considered all three requests simultaneously because of the proximity of their location and similarity of conditions. Ali three property owners stated through their representing attorneys that they are planning to re-use their property for office type commercial operations. Because of the existing development of commercial and semi-public land uses in this area and consideration of the traffic volame on Thirteenth Street, the City Plannin9 Commission concluded that the proposed use of the pro- perties for commercial purposes would be feasible and not detrimental to adjacent residential structures. The City Planning Commission therefore recommends to City Council that the three above mentioned properties be rezoned from Special Residence to Business District. The City Planning Commission also considered the lot on the southwest corner of Thirteenth Street and Chapman Avenue. Although the lot is presently zoned for Special Residence. the existing building is a commercial structure and is used for business purposes. The City ~lanning Commission recommends that Of~icia! Tax au. 122020~ also be rezoued for Business District. In regard to City Council's request to consider rezonin9 of all the properties on the west side of Thirteenth Street betmeen Chapman and Campbell Avenues, the City Planning Commission felt that it would premature to rezone larger continuous areas for business purposes unless a specific study is available to identify the need for rezoning. Respectfully submitted, S/ ~erner K. Sensbach for Harold W. Bill Chairman' Mr. Wheeler moved that a public hearing on the rezoni~g of the properties recommended by the city Planning Commission be held at ?:~0 p.m., May 6, 1963. The ~otion Bas seconded by Mr. Pollard and.unanimously adopted. ZONING: Council having previously referred to the City Plannin9 Commissiot for study, report and recommendation a request of Mr. Fred T. Weikel, et al., that most of the block between Shenandoah Avenue and Signal Hill Avenue, ~.~., and Luckett Street and Juniper Street, be rezoned from General Residence District to Business District, the City Planning Commission submitted a written report, recommending that the request be denied. Council being informed that the petitioners desire a public hearing on the matter, Mr. Dillard moved that the public hearing be held at ?:30 p.m., Ray 6, The motion was seconded by Mr. ~heeler and unanimously adopted. REPORTS OF COMMITTEES: RASTER PLAN: The committee appointed to study a long-range capital improvement program for the City o~ Roanoke submitted the folio{lng report: '305 306 'TO: MEMBERS.Or ROANOKE CITY COBNCI~ FROM: CAPITAL IMpROVE#ENT STUDY COMMITTEE SUBJECT: CAPITAL IMPROVEMENT NEEDS FOR CITY OF ROANOKE On November 12, 1962, Conncll appointed a committee compoMd of the undersigned to study I long-ranged capital lmprorement program for the City nnd said committee to submit Ets recommendations to Council at its regular meeting on January 28, 1963. On Jannary 20, additional time for the coepletion of this study was requested and granted. Ne abm feel that our findings are complete and hereby 'present this reportto yon for your consideration. You mill also find a stntement,-ldentlfled ns Exhibit #A', prepared by the chair- man of this committee which prompted its creation. In its deliberations, your committee decided, in an effort to develop as complete a list of these projects as possible, to enlist the assistance of the following organizations for their suggestions and recomeendationsin 9rderof ~rloritv: 1. Citizens Committee for Greater Roanoke 2. Roanoke Chamber of Commerce 3. Roanoke Jaycees 4. M.S.L.S. Editorial Staff $. Times-World Corporation In addition to soliciting these organizations, other suggestions were referred to this committeefrom time to time by Council. Other suggestions which were also included in our consideration Of the overall study were those pointed out by councilmanic candidates in their compaign prior to June 12, 1962. These organizations and individuals included; I. Citizens Protectire Association 2. Garden City Civic League 3. ~udget Study Committee - 1962 4. Council's Study committee - 1959 S. £irerdale Civic League Campaign Observations by Avery, Cornell, Engleby Garland. Jones and Stoller In order that Council might determine for itself the results of this study, your committee is attaching Exhibit 'B', which is a recap of our findings. Also attached are copies of the various communications (Exhibit *C~) receired from the above named organiz- tabu, which will permit you to verify Exhibit 'B'. In addition and based on the priority of importance as requested from group one above and also as indicated in group two, your committee has endeavored to reach a conclusion as to the rated importance of the various suggestions. (This was accomplished by the following method. There ~ere 16 different projects suggested during this survey. By assigning each project points based on this indicated priority, for instance projects receiring top or first priority received 16 points; second priority, 15 points; third priority, 14 points; etc.) Our tabulation reveals the following: 1. Auditorium-Coliseum 164 points 2. Incinerator ll? points 3. City-Wide Drainage ill points 4. New Municipal Building 66 points 5. Comprehensire Traffic plan and Improvements 61 points 6. Additional Parks and Recreational Facilities 59 points ?. Additional Fire Stations 5B points B. Continued Urban Renewal Projects 50 points Brtda~ Beplncement~ lit Street Sth Street loth Street 24th Stree~ Elm ~y~nu~ Rtverdale 21 points 56 points 68 points 55 points 45 points 30 points In connection math this study, your committee wishes to make the following recommendations: 1. That this report be referred to the Planning Commission in order that these suggestions might be incorporated into a five- year capital improvement program for the City; and once the plan is complete, that it be submitted to Council for consideration. In submitting this to the Commission, your committee suggests that the following observations and requests be considered: a. Exhibit UA' b. To morh mith other departments of the City ia an effort to determine th~ costa of* each project. c. To bear In mind the City's obligation for 1963 and 1964 mJth respect to available fonds for capital improvements. R. That If such · program is adopted by Council, it be reviemed each year carefully and programmed ahead to assure us that the primary meeds of ou~ City are met. 3. That a similar program be considered by each of the City's operating departments for the purchase of new and replacement equipment. It is believed that by the adoption of such a pro- gram requests for needed equipment could be spread over a given period of years, ohich could result in better operating equipment and the elimination of large capital expenditures for equipment falling in one given year. S/ James E. Jone~ James E. Jones, Chairman S! Rgb~rt A, Garl~n~ Robert A. Garland $! Vincent $, Rhe?ler Vincent S. Wheeler" In a discussion of the report, Mr. Dillard objected to the proposal for a five-year program, voicing the opinion that the program should not be for more than two years because one Council should not try to bind another, Mr. Dillard stating that there should be a definite distinction between capital outlays to be financed through budget appropriations and those to be financed by a bond issue, it being his thought that any item under $60,000 could be accomplished through budgetary appro- priations and any item over that amount should be done by bond issue, Mr. Dillard 307 3O8 you referred to the committee listed belom a ~omaueicatlon from Nc. Norton Noneymen, attorney, mbo represents Nc. Udell Nrenner of the Roanoke Scrap Iron & Netal Co., en offer to sell to the City of Roanoke 18 acres of land located on the nest side of Broadway, S. M., north of Franklin Road, designated as Official Tax No. 1280302, for consideration as the proposed site of the Auditorium-Coliseum for the city of Roanoke. Your committee, along with Mr. John Chappelear mbo was chairman of the Junior Chamber of Commerce Auditorium-Coliseum committee and also who is one. of. the architects working on the overall project, visited the site mJtb the owner, Mr. Udell Nreener. After careful consideration of all the facts involved, this committee could not and wpuld eot recommend this location as a proposed site for the Auditorium-Coliseum for the City of Roanoke and for the following reasons which we think will be obvious and apparent to all: 1. Inaccessibility -- inability to get to and from Franklin Road mithout a purchase of a right of way. 2. Too far distant from hotel and motel accomodations. 3. The contour of the surrounding land not conducive to this type of construction. The shape of the land is too narrow at one point, measur- ing approximately 150 it** thus restrict= lng the size of the proposed building, 4. The entire tract is on a land fill which would complicate foundation problems. 5. The surrounding property is primarily industrial thus making such a building out of its proper environ- ment. 6. The noise created by the nearby railroad would cause certain accousttcal problems particularly during conventions, aside from the fact that the railroad crossing would create a hazardous traffic condition. ?. This is not a central location and the committee feels that with this site it would create widespread voices of objection from the voters and a bond issue involving this site would be futile Respectfolly submitted, If "March 20, 1963 To The City Council~ Roanohe. Virginia Members of Council: On March 26, 1963, Couucilts luciuerator Committee met mith the City Manager, the Director of Public Moths, representatives of the City's Sanitation Division and officials of the test Virginia ~ulp and Paper Company rot the purpose of discussing the possibility of Roanohe adopting the ~estvaco 'papercan' System of Refuse Collec- tion. The committee was shown films and given information on hou the system has marked at Wontclair, WeN Jersey and College Park. Maryland. College Park, a city of 20,000 population, has been using the system on a 100 per cent basis since August of 1962. The Public Works Department for some time has been seeking ~ays and means to improve their system of refuse collection. T~elve cities mi,him a radius of 250 miles of Roanoke have been visisted by City Officials in the last 3 months for the purpose of studying the various systems of collection. On February 7, 1963, City Manager Owens, Director of Public Works Droyles, Superintendent of Sanitation Showalter and Mr. Huff of the Health Department visited College Park, Maryland to observe at first hand the *Papercant System in use there. The committee feels that the *Papercan* System has some merit and in the final analysis could be used to a good advantage in Roanoke. Therefore, the committee makes the following recommenda- tions to City Council: 1. That the City of Roanoke accept the offer of the West Virginia Pulp and Paper Company to allow a test run to be conducted in Roanoke for a period of 0 to 10 weeks under the following conditions: A. that the kest Virginia Pulp and Paper Company furnish approximately 1,000 to 1,200 holders for the paper bags, furnish approximately 20,000, 40-gal. all-weather paper bags. furnish adequate supervision of the test, and work closely with all City Departments involved. It is proposed that two (2) areas of approxi- mately 600 homes each be designated for the test run. The two areas tentatively suggested are Dorchester Court on the north side of the City and South Roanoke on the south side of the City. that the City pay to test Virginia [nip and Paper Company the sum of $1,000 toward the cost of the test run. It is suggested that this amount be transferred from Wages, Refuse Collection and Disposal, Account No. 97 for this purpose. 2, That City Council authorize the Sanitation Division of the Public Works Department to employ the Task System of Refuse Collection, de; a given number of houses or area to be covered by one working crew and after that task has been accomplished the men are free to go home for the remainder of the day. The above recommendations are concurred in by the city Manager, the Director of Public Works and the Director of Sanitation. Respectfully submitted, S~ Vincent S. Wheeler Vincent S. Lheeler, Chairman S! Rgy R, Pollard. Sr. Roy R. Pollard Si ~enton Q, Dillard Dis?eot ~2 Benton O, Dillard" In this connection, representatives of the West Virginia Pulp and Paper Company showed a twenty-minute film demonstrating the papercan system and exhibited the type of holders and paper bags used in the system. 309 3~0. Hr. ~heeler pointed out that the Went ¥irgiaie Pulp and Paper Company is ullling to make a $12,000 test at a cost of $1,000 to the city and uoved that Councl! concur in the recommendations of the committee and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by #r. Pollard and unanimously adopted. FIRE DEPARTMENT-DEPARTMENT OF PUBLIC WORKS: Council having previously referred the bid of the Oren Roanoke Corporation in the amount of $10,503.23 for supplying one standard commercial truck chassis, equipped ulth a 750 G.P.M. fire pumper and body. to a committee composed of #essrs..Roy R. Pollard, Sr., Chairman, James E. Jones, H. Cletus Broyles and Bueford D. Thompson for study, report and recommendation, the committee submitted a written report, advising that the bid of the Oren Roanoke Corporation conforms to all specifications and recommending that the bid he accepted. Council having also referred bids on supplying ten trucks for various !municipal departments to the same committee for tabulation and report, the committee submitted a written report, pointing out that the total amount of the respective low bids is $601.50 less than the total amount appropriated for the tracks and recommend- ing that the respective low bids be accepted. Mr. Dillard moved that Council concur in both reports of the committee and offered the followinR Resolution: (UlSl?l) A RESOLUTION acceptin9 certain bids for supplying motor vehicular equipment to various City Departments. (For full text of Resolution, see Resolution Book No. 26. page 179.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Oarl~nd. Jones. Pollard. Wheeler and Mayor Smeller- NAYS: None ................................................................ (Mr. Young absent) Mr. Pollard then offered the following emergency Ordinance adjusting the amounts previously appropriated for the trucks: (~15172) AN ORDINANCE to amend and reordain certain sections of the 1963 Appropriation Ordinance, and providing for an energencyo (For full text of Ordinance, see Ordinance Book No. 26. page 1DO.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones. Pollard, Wheeler and Mayor Stoller ........................... 6. NAYS: None ................... O. (Mr. Youn9 absent) BNFINISBED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES ~ND RESOLUTION: AIRPORT: Ordinance No. 15164, authorizing the City Manager to execute a ilicense granting to the United States of America the right to install and operate .[ an instrument landing system to serve Roanoke Municipal (Moodrum) Airport, having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Pollard offering the follomlng for its second reading and final adoption: (m15164) AN ORDINANCE authorizing the proper City Officials to execute a license granting to the United States of America the right to install and operate aa instrument landing system to serve Roanoke Municipal (Moodrum) Airport. (For full text of Ordinance. see Ordinance nook Ho. 26. page 177.) Mr. Pollard moved the adoption Of the Ordinance. The motion nas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Layor Stoller .................................. 6. NAYS: None ..........................O. (Mr. Young absent) STREETS AND ALLEYS-SIDEWALK. CURB Ah~ GUTTER: · Council having directed the City Attorney to prepare the proper measure accepting the offer of property owners to donate a five foot strip of land on both sides of Wentworth Avenue, N. W., between Milliamson Road and a point 430 feet east thereof, in exchange for curb and gutter, he presented same; whereupon, Mr. Dillard moved that the following Ordinance be placed upon its first reading: (c15173) AN ORDINANCE accepting the proposal of certain o~ners of real estate on ~entuorth Avenue, N. W., to convey unto the City a strip off their respective properties in exchange for the City performing the requisite legal work a constructing curb and gutter to serve said properties, in its 1953 program. WHEREAS, the City Manager has reported unto this Council that all property owners on both sides of Wentworth Avenue, N. W., between Williamson Road and a point 430 feet east thereof, have offered to convey unto the City a 5-foot wide strip off their respective properties in exchange for the City performing the requisite legal work and constructing curb and gutter, at its expense, to serve said properties, in its 1953 program, and has further recommended th~ adoption of this ordinance, in ~hi recommendation, this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Attorney be, and he is hereby, directed to cause a sufficient examination of th* title to a 5-foot strip from the real estate on both sides of Wentworth Avenue, between hilliasson Road and a point 430 feet east thereof, to be made and, if the title to all such real estate is found acceptable, to prepare the requisite deeds conveying the same unto the City, with covenants Of general warranty of title, and upon advice from the City Attorney that the City holds proper deeds to all of said real estate, the Director of Public korks is hereby directedto cause proper curb and gutter to he installed, at the City*s expense to serve the aforesaid real estate The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stoller .................................. 6. NAYS: None ..........................O, (Mr. Young absent) 311 3'.12 SEMERS AND ~TORM DRAINS: Cunncil having directed the City Attorney to prepare the proper measure authorizing payment of $167.76 to Mr, Ralph G, Amos, Jr., 4322 Delray Street, N. R** representing the cost incurred by Mr. Aw*sin digging up the sewer line oa Als property to rem*re un obatrnctJon mhJcb was subsequently found to be on city property, he presented same; mhereupon,.Mr. Pollard offered the foil*ming Resolution: (#15174) A RESOLUTION approving the report of the City Attorney in recommending the settlement of the claim Of Ralph G. Amos, Jr., against the City of Roanoke. (For full text of Resolution. see Resolution Book No. 26, page IDI.) ~r. Pollard moved the adoption of the Res*lotion. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones. Pollard, Wheeler and Mayor Stoller .................................. 6. NAYS: None ..........................O. (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC: .Mr. Stewart W. Carter, 2218 Patrick Henry Avenue, N. E., appeare before Council, complaining that tractor-trailer trucks are creating a hazardous traffic condition in the 220U block of Patrick Henry Avenue, and requested that either the street be sidened or tractor-trailer trucks prohibited from using same, Mr. Carter also requesting that consideration be given to changing parking restric= ti*ns in the block. Appearing tn support of the request of Mr. Carter were Mr. Douglas G. Thompson and Mr. J. H. Collins. On motion of Mr. Rheeler. seconded by Mr. Dillard and unanimously adopted, the request was referred to the City Manager for study and report to Council. PARKS AND PLAYGROUNDS-GARBAGE REROYAL: A large delegation of residents of the Riverdale section appeared before Council, with the Reverend William H. Edwards acting as spokesman, and advised that they have heard rumors the city plans to move the city d~mp from Washington Park to the Riverdale section. After a lengthy discussion of the matter, Mr. Dillard moved that Council make a declaratory statement that the city is not interested in putting a dump in the Riverdale section. The motion was seconded by Mr. Pollard and unanimously adopt BRIDGES: A delegation of residents of the Riverdale section appeared before Council and Complained that the wooden barrier separating the pedestrian walkway from the rest of the Buzzard Rock Bridge is a traffic hazard and should be removed. Messrs. L. W. Whorley and J. R. Chisom stated that they ~ould like to see Messrs. ~illiam H. Edwards, Chairman, Benton O. Dillard, James E. Jones, Rex T. Mitchell, Jr,, and B. Cletus Hroyles for study, report and recommendation to Council and that Mr. J. M. Chisom be added to the committee. The motion mas seconde~ by Hr. Pollard and unanimously adopted, On motion of Mr. Dillard, seconded by Hr. Jones and unanimously adopted, the meeting was adjourned. APPROVED AT'lEST: Mayor 313 7314 COUNCIL, REGULAR MEETING, Monday, April 6, 1963. The Council of the City of Roanoke met in regalar meeting in the Council Chamber in the Municipal Building, Monday, April 8, 1963, at 2 p,m,, the regular meeting hour, mith Mayor St,lief presiding, pRLSENT: Messrs. Dillard, Garland, Jones, Pollard, Rheeler and Mayor Stoller .................................... ABSENT: Mr. Young ...............1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph hbittle. City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Co Ellis.n, Pastor, Calvary Methodist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: SERERS AND STORM DRAINS: A petition signed by 27 property owners, requesting that the city construct a sanitary sewer to serve properties on Nright Road, Robyn Road and Creston Avenue, S. No, was before Council. In this connection, Mr. M. T. Ratkins, 3527 Rright Road, S. R., appeared before Council and explained that there are a number of wet weather springs in the above area which saturate the ground and cause overflow of drain fields and septic tanks, thereby causing a healtk menace to the neighborhood. Messrs. J. Garry Clay, 2702 Utes*on Avenue, S. W., and Frank R. K.abler, a535 Nright Road, S. M.. pointed out that 27 of the 32 affected property owners are in favor of the requested sewer project and that they understand they will be requir to pay 50~ of the cost thereof. On motion of Mr. Wheeler, seconded by Rt. Dillard and unanimously adopted, the request was referred to the Citl Manager for preparation of a cost estimate and to submit his report and recommendation to Council. SCHOOLS-AIR POLLUTION CONTROL: A petition signed by lg residents of Brandon Avenue, S. No, requesting that something be done about the smoke, soot, cinders and fumes which pour from the large smokestack at Patrick Henry High School behind their homes, was before Council. Oa motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the matter was referred to the City Manager for study, report and recommendation to Council. SIUNS: A communication from the Thursdny Morning Music Club, requesting permission to install a banner across Jefferson Street at Church Avenue, S. ~.. the week of May 5-12,'1963, in connection with the observance of National Music Week, was before Council. Mr. Pollard moved that Council concur in the request and that the matter be referred to the City Attorney for prepnration of the proper measure. The motion was seconded by Mr. Garland and adopted, Mr. Dillard voting no. STREETS AND ALLEYS: A petition of #r. Frank Ko Sannders, Attorney, representing the Magic City Motor Corporation, requesting that Fifth Street, No E., be*neon the northerly side of Gregory Avenue and the northerly side Of McDowell Avenue, be vacated, discontinued and closed, mat before Council. Mr. Rheeler offered the folloming Resolution providing for the appointment of viewers: (~lSlTS) A RE.5OLUT]ON proridlng for the appointment of five,rfeners In connection mitk the application of Magic City Motor Corporation to pernanently vacate, discontinue and close that certain portion Of Sth Street, N. E., lying between the northerly side of Gregory Avenue, N. E., and the northerly side of McDowell Avenue, No Eo, in the City of Roanoke, Virginia. (For full text of Resolution, see Resolution Book No. 26, page 183.) Mr. Rheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrso Dillard. Garland, Jones, Pollard, Wheeler and Mayor StoJler ................................. NAYS: None ...................On (Mr. Young absent) Mr. Kheeler then moued that the request be referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded by Mr. Pollard and unanimously adopted. STREETS AND ALLEYS: A petition of Mr. Frank K. Saunders, Attorney, representing American Motor Inns. Incorporated, requesting that a certain alley known as Camp*s Alley lying between the northerly side of RcDowell Avenue and the before Council. Mr. ~heeler offered the following Resolution providing for the appointment of viewers: (=15176) A RESOLBTION providing for the appointment of five viewers in connection with the application of American Motor Inns. Incorporated (Successor to Motel Company of Roanoke, Incorporated), to permanently vacate, discontinue and close that certain alley known as Camp's Alley lying between the northerly side Of (For full text of Resolution, see Resolution Book No. 26, page 1~4.) '315 BUDGE~CITIZENS ~0M~I~££: A co~meaicotJo~ from the CJtlzeos Committee ~or Grester ~oenohe~reqne~ting fueds,fo~ pn~ment of bills la the totnl emonnt of $6?02? covering expenses incurred by the Committee, was before Council. Mr. Pollard moved thor Council concur ie the request and offered the follomieg emergency Ordinance: (~15177) AN 0RDINANG~ to emend and reordain Section ~1, 'Council.m and Section #167, 'Contingencies,' of the 1963 Appropriation Ordinance, and providing (For full text of Ordinance, see Ordinance no0h No. 26° page 185.). Mr. Pollard moved the.adoption cf the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the foil.ming vote: AYES: Messrs. Dillard, Garland, Jones. Pollard. Mheeler and Mayor StclleF .................................. 6. NAYS: None ....................O. (Mr. ¥ouhg absent) ELECTIONS: A communication from the Electoral Board, recommending that the Washington Heights precinct be divided with Melrose Avenue. N. M.. as the dividin9 line. and that the precincts be named North Mashington Heights with the voting station at WestsJde ElementaFy School and South Washington lleights with the Mr. Dillard voiced the opinion that perhaps the voters in the proposed precincts night desire to suggest a more identifying name fOF said precincts and REPORTS OF OFFICERS: BUDGET-AIRPORT: The City Manager submitted a written report, recommendin9 that $350 be tFonsferFed from Materials - Building and Property to Building and Fixed Equipment - Replacement under Section nOD, wAlrport.~ of the 1963 budget, for replacement of the cooling tower atop the Administratlon'Buildin9 at Roanoke Municipal (Moodrum) Airport. Mr. Pollard moved that Council concur ~a the recommendation o2 the GJt~ (~ISI?B) AN 0RDINA~GE to amend and reord3in Section ~00. #Airport.~ of the 1q63 AppFOpriaticn Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 106.) Mr. Pollard moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the folluutng vote: . Stoller ................................. 6. NAYS: None .................. O, (Mr. ¥onng absent) BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written report, recommending that $~25 appropriated for a manual typewriter and $265 appropriated for a file under Office Furniture and Equipment - Replacement be transferred to Office Furniture and Equipment - Men under Section c40 "MeelthDepurtment,# of the 1963 budget, to provide for the purchase of an electric typemrlter. After a discussion of the mot*eFt Mr, Dillard obJectlngto using uneapende~ funds from one Item rot another item and Mayor Stoller voicing the opinion that the request for the electric typemriter should bare been submitted in the original budge request of the Health Department, Hr. Pollard moved that Council concur in the reconnendatJon of the City Manager and that the following Ordluonce be plac~d upon its first reading: (~1S179) AN OROIMANCE to amend and reordain Section #40, 'Health Depart-' mento# of the lq63 Appropriation Ordinance. HE IT ORDAINED by the Council of the City of Roanoke that Section *Health Department,' of ~he 1963 Appropriation Ordinance, be, and the sane is hereby The motion was seconded by Mr. Garland and adopted by the following vote: NAYS: Mr. Dillard and Mayor 5toiler .................................... (Mr. Young absent) Ordinance: (For full text of Ordinance, see Ordinance ~ook No. 2~, page 186.) Stolier ..... ~ .................................. 318 Mr, Pollard Manager n~d offered (~15181) Bridgewater College 20-inch water main, situate adjacent to moved that Council concur In the recommendation of the City the following emergency Ordinance: AN OROINANCE providing rot the acquisition from thetrustees of or a perpetual easement for a lO-foot wide right of way for a approximately 483 feet long, over certain property in the City and northerly of Edinburgh Drive, N, R.; providing for the payment therefor, and providing for an emergency, (For full text of Ordinance, see Ordinance 0ook No. 26, page lO?,) Mr, Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs, Dillard. Garland, Jones, Pollard, Nheeler and Mayor Stoller ................................. 6, NAYS: None ...................O. TRAFFIC-ALCOHOLIC OEVERAG[~: The advising that due to placing the members of (Mr, Young absent) City Manager submitted a written report the Police Department on a 40-hourwO~ we it will be necessary to increase the number of policemen serving as Deputy Clerks of the Municipal Court from six to eight, the number of Deputy Clerks having recently been increased because Of the implied consent law. Mr. Dillard moved that Council concur in the report of the City Manager and offered the following emergency Ordinance: (~15182) AN ORDINANCE authorizing the Chief Municipal Judge to appoint, from time to time, not more than eight (O) members Of the Police Force and not more than three (3) other City employees as deputy clerks Of the Municipal Court; repealing Ordinance No. 14872; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page lOB.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Wheeier and Mayor Stoller ................................. 6. NAYS: None ...................O. (Mr. Young absent) REPORTS OF COMMITTEES: BUDGET-ASSESSMENT OF PROPERTY: Council having previously referred to Messrs. Denton O, Dillard and James N. Kincanon for study, report and recommefidatiol a recommendation of the City Manager that 97,119 be transferred from Section ~167, 'Contingencies,' to Section m6, 'Assessment of Real Estate,~ of the 1963 budget, for completion'of the work of the Board of Equalization' from April 17, 1963, through June 1, 1963, the committee submitted the followin9 report: 'April 4, 1963 The Council of the City of Roanoke Gentlemen: The undersigned committee appointed by the City Gouucil and directed to study and mahe report and recommendation'to'the Council on a request Of the members of the 1963 Board of Equal- ization of Real Estate Assessments, concurred in by the City Manager, for an additional appropriation of }?,119,00, estimated to be necessary for completion of the work of said Board, begs to report as follows: By report to City Council dated Oecember 3, 196~, prior to the time at which.said Board took office and entered upon the performance or its duties, this committee recommended the appropriation of $15,750.00 to provide /or compensation of the three (3) members of the Goord, .the employment of clerical and other assistants and for the payment of certain estimated expenses or the Board during the period of time in which It would be acting. At the time of that report the 1962 Board of Assessors hod not completed its work nor 'filed its report, of its general reassessmeut of all real estate in the City and, accordingly, It was then, us is now, impossible to fix accu- rately the period of tlme necessary to be employed by the Board in the discharge of its duties under the law. It nas then generally known, homever, that the current general reassessment would Involve approximately 4900 more properties than were assessed in the 1950 quadrennial renssess- meat, after which the 1959 Board of Equalization, handling approximately S50 separate applications, sat for sane 76 days. Accordingly. and with that experience as the committeets chief y~rdstick, your committee made its report and recommendation to Council, based upon lts estimate that the 1963 Board of Equali- zation would require at least 90 working days to discharge its duties. Council thereupon fixed the rate of compensation of the members of the Board and of their clerical and other assistants and fixed certain estimated expenses of the Board and, thereafter, appropriated $15,750.00 for payment of the same. The 1963 Board entered upon the discharge of its duties on January 2, 1963, and has met consistently thereafter. As of #arch 15th, it is understood that approximately 1750 separate applications had been filed with the Board by property owners seeking adjustments of the values established by the 1962 Board of Assessors. To date, the Board of Equalization has heard, considered and acted upon approximately 600 of those applica- tions. Some but not all consideration has been given to some of the remaining applications, but it would now appear obvious that the committee*s prior estimate of 90 working days was too loH. The Board, itself, aah estimates that at least 40 additional working days will need to be employed, beyond April 16th or l?th, to fully discharge the duties of that Board. Your committee considers that the request of ~he Board for the aforesaid additional appropriation is reasonable and should be ordered and so recommends with the exception hereinafter noted. Zhe sum requested is based upon the same per diem rates of eom- pensation heretofore fixed by the Council in its Resolution No. 15029. Estimated office expenses are those incident to the extended period of operation, except that the Board has, since its communication to the Council through the City Manager, advised that it has.dispensed with the use of one of the tho Friden Calcolating machines and asks that the new appropriation be for one such machine at $35.00 per month, for tho months, a cost of ~70.00, rather than $170. OO. Accordingly, your committee recommends that the additional sum of $7,019.00 be now appropriated to Section 6, "Assessment of Real Estate" of the 1963 Budget, by transfer of that sum from Section o167, "Contingencies# of that Budget, to be expended in accordance with the provisions of Resolution 15029, aforesaid. Respectfully S/ Benton O, Dillard Chairman S/ Jt N, Kincanon# Mr. Dillard moved that Council concur in the recommendation of the committee and offered the folloHing emergency Ordinance: (~ISIBS) AN ORDINANCE to amend and reordaJn Section ~6, #Assessment of Real Estate.w and Section ~167. *Contingencies** of the 1963 Appropriation Ordinance and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page IBg.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Rt. Pollard and adopted by the ~ollowiug rote: 319 320 AYES: Messrs, flfllnrd, Gurlsad, Jones, Pollord, Mheeler 'and Mnyor Stoller ................................. NAYS: None ......~ ............ 0.. (Mr. Young absent) In thit connections Councllhuving requested the Board of Equalization to receive additional protests for the equalization of real estate assessments by aggrieved property owners for a period of ten more working days, the following communication from the Equalization Board was before the body: "April 4, 1963 Honorable Murray A, Stoller, Mayor Members of Roanoke City Council Municipal Building Roanoke, Virginia Bentlemen: This is In reply to letter under date of March 26, 1963 from the City Clerk advising that the Council at ltl meeting On Monday, March 25,,1963, requested the Board of Equalization to receive additional protests for the equaliaation of property assessments by aggrieved property owners for a period of ten more working days; and the receipt of which was duly acknowledged by this Board in a letter dated March 28, 1963 to the Council advising that its request was being duly considered end studied by the Board, and that it would communicate its reply to Council's request at its meeting on April B, 1963, circumstances involved, the Board repeats and reaffirms its to the Council, it still being the opinion and considered judg- ment of this Board, (i) That adequate time and opportunity to be heard in protest of their last real estate assessments, upon proper and legal notice, has been given to all taxpayers in the City, including the group of approximately seventy=five property owners represented by Mr. Alex N. Apostolou, mentioned in his March 13 letter to Council, and who has made proper and timely protests, on March 15, 1963, on behalf of each property owner, for floard hearing and consideration; and, (2) That It is not necessary in the proper discharge of the duties of the Board imposed by law, that any further meetings of the Board be scheduled by it for taking and receiving real estate assessment protests for Board consideration and action, after March 15, 1963, the expiration time originally fixed by the Board for such purpose in its duly published notice of meetings in the Roanoke newspapers. The Hoard reiterates its comments and views set forth tn Its March 21 communication to the Council; replying to.the March 13 request of Mr. Alex N. Apostolon to Council, (a) the Board met at and for such time or times as it considered necessary to properly discharge its duties, according to law, Jan, 3, 1963 thru March 15, 1963, after proper publication of meetings of the Roard in local newspapers, informing the public of the time and place of the meetings fixed by the Board, for the purpose of bearing complaints , . , o . , .1 and (b) the reassessment books reported by the Board of Assessors showing the last real estate assessments have been available and open for public inspection since the first of the year in City Hall and in the office of the · Roard; and (c) wide and extraordinary publicity by ail news media of this Board. The Board might add, however, that after processing and tabulation of assessment protests, it finds that a total of about 1,750 aggrieved property owners lodged proper and timely protests with the Board during the period Jan. 3, 1963 thru March 15, 1963, fixed by the Board for taking and receiving protests.- To date the Board has considered and made final dispostion of about 594 of these tax protests, leaving n backlog total of about 1,156 protests yet to be reviewed, considered and acted upon by the Board. Numer- ous inspections of properties by the Board and scheduled hearings on some timely protests are necessary in connection with the' equalization murk mhich the Board plans to complete by June 1, 1963. The Board mill also he spending some time loohing over the area for any ,aderassessed taxable real estate which Jt nay find. The comments and vJeus herein expressed reflect the unanimous opinion end considered Judgment of the three-member Kqualizatfon Board. Respectfully yours. EQUALIZATION BOARD S/ Floyd M~ BFill CHAIRMAN S! J. Hunter Roberts SECRETARY S/ La~renee D. Johnsonu In a discussion of the matter, Yr. Pollard stated that Jt ~eems to him there is something wrong with the state la# when the local governing body has no say so over the quadrennial assessment of property, yet is required to pay the bills for said assessment, Mr. Pollard reiterating that in his opinion had Council known the Board of Assessors was 9*in9 to increase the ratio of the assessment of real estate so much the tax rate increase approved by Council would have been lower, Mr. Pollard concluding that he feels Council should attempt to have the state law changed so that it can have some say so in the assessment of real estate in the city. In reply to Mr. Pollard, Mayor 5toiler pointed out that all Council did was to compute a tax rate on the basis Of estimated revenues which would permit the city to operate under a balanced budget in 1963, Bayor St*liar stating that the Board of Equalization is following state lam, that Council has done everything it can do to get the Equalization Board to hold further hearings for aggrieved property owners, and that he also feels the state la~ should be changed, Mr. Dillard voiced the opinion that since Council has the power to increase the tax rate, the present method of providing for the assessment of real estate unde~ Mr. Garland voiced the opinion that Council can regulate the hearings by II received and filed. The notion was seconded by Mr. Garland and unanimously adopted. 321 322 Hr, Garland then moved that the question of having the state law changed to provide for a single assessor system In Roanoke rather than the present quadren- nial assessment method be referred to a committee composed of Messrs, James E, Jones Chairmano Vincent S. ~heeler and Roy RD Pollard, St** for consideration in connectio with its study of proposed changes in the City Charter. Mayor Stoller relinquished the Chair to second the motion which was adopted, Mr. Dillard voting no. BRIDGES-PARKS AND PLAYGRouNDS: Council having referred to a committee composed of Messrs. ~llllam B, Edwnrdso Chairman, Benton O. Dillard, James E, Jones. Rex T. Hitchell, Jr** D. Cletus Droyles end J. R, Chinon the request of residents of the Riverdale section that the wooden barrier separating the pedestrian walkway from toe rest of the Buzzard Rock Ford Bridge be removed and a pedestrian walkway erected on the outside of the bridge, the coumJttee submitted a written report, recommending that the wooden barrier be removed immediately, that the City Manager secure a cost estimate on erecting a 42-inch pedestrian walkway on the outside of the bridge, and that previous recommendations of the committee concerning approaches to the bridge such as gravel, walkway for pedestrians and improvements near the Norfolk and ~estern underpass Just northeast of the Buzzard Rock Ford Bridge, be carried out as soon as possible. Rt. Jones moved that the City Manager be directed to proceed with remo¥in9 the wooden barrier immediately, The motion was seconded by Mr. Dillard and unani- mously adopted. Mr. Jones advised Council that the City Manager has already informed him that the pedestrian walkway is estimated to cost $1OB00 and moved that the City Manager be instructed to proceed with the erection of a 42-inch pedestrian walkway on the outside of the Buzzard Rock Ford Bridge forthwith. The motion was seconded by Mr. Dillard and unanimously adopted. Mr. Jones advising Council that the City Manager has assured him the improvements to the approaches of the bridge are in the process of being carried out, no action was taken on the third recommendation of the committee. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIK5: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15169, rezoning property located on the north side of Cove Road, N. M., in the vicinity of Oolfside Avenue. being the eastern portion of a tract of land designated as Official Tax No, 24B0143 and an adjoining tract Of land designated as Official Tax No. 24B~105o from General Residence District to Special Residence District for a depth of approximately 2?5 feet, having previously been before Council for its first reading, read and laid over, was again before the body, Rt. Mheeler offering the followin9 for its second reading and final adoption: (~15169) 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. 26, page IBI.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones, Pollard, Wheeler and Mayor Stoller ............ ~ .................... NAYS: None ...................O. (Hr. Young absent) STREETS AND ALLEyS-SIDEWALK, CURB AND GUTTER: Ordinance No. 15173, accepting the proposal of certain owners of real estate on Rentworth Avenue, N. R., to donate a S-foot strip of land on both sides of Wentworth Avenue, N. Me, between Wllliamson Road and a point 430 feet east thereof, in exchange for curb and gutter, 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: (=15173) AN ORDINANCE accepting the proposal of certain owners of real estate off Wentworth Avenue, N. W., to convey unto the City a strip off their respective properties in exchange for the City performing the requisite legal work and constructing curb and gutter to serve said properties, in Its 1963 program. (For full text of Ordinance, See Ordinance Book No. 26, page lB2.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYE.5: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Young absent) INDUSYRIES: Council having directed the City Attorney to prepare the proper measure granting permission to Sealtest Foods, Incorporated, to hold the dedication ceremony for the new Sealtest Plant in the Blue Ridge Park for Industry in front of the Municipal Building on April 11, 1963, at 3:00 p.m.,and to line certain streets in the downtown area with Sealtest trucks between 2:30 p.m. and 4:00 p.m. for the purpose of dispensing free ice cream, he presented same; whereupon Mr. W~eeler offered the [ollowtng Resolution: (g15184) A RE.5OLUTION authorizing the dedication of the Sealtest Plant in the Blue Ridge Park for,Industry scheduled for April 11, 1963, to be held in downtown Roanoke. (For full text of Resolution, see Resolution Rook Nog 26, page IBg.) Mr. Rheeler moved the adoption of the Resolution. The motion was seconded by Rt. Dillard and adopted by the following vote: AYES: Ressrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................. NAYS: None ................... O. (Mr. Young absent) MUNICIPAL COURT: Council haydn9 directed the City Attorney to prepare the proper measure paralleling the state law on assault, he presented draft of an Ordinance making a person who commits an unjost~fled assault or battery upon another guilty of a misdemeanor, the City Attorney explaining that this is a common law offense and that there is no statute on the books. 323 324 After n discussl~n ns to the amount of the penalty, Mr, Dillard voicing the opinion that the fine should be not less than ten doIJors nor more than one hundred dollars or confinement In J'ail no~ exceeding sixty d~ys, Mayo~ Stoller stated that be feels the penalty should parallel that of the state for a common offense and relinquished the Chair t~ move' that the following Ordinance be placed upon its first reading: (n15185) AN ORDINANCE making n person mhd commits an unjustified assault or battery' upon ~nother guilty of a misdemeanor, DE IT ORDAINED by the Council of the City of Roanoke that any person who commits an unjustified ~ssault or battery upon another, mhich does not amount to a felony as defined by the lama of the Commonwealth of Virginia, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by fine not exceeding five hundred dollars or confinement In jail not exceeding twelve months, or both, in the discretion of the Jury or of the court trying the case without a jury. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Jones, Pollard, 5toller, ~heeler and Vice Mayor Garland ................................ NAYS: None ..................O. (Rro Young absent) PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having previously directed the City Attorney to prepare the proper measure accepting the offer of the ~est Virginia Pulp and paper Company to allow a test run of the Mestvaco WPapercan" System of Refuse Collection to be conducted in Roanoke for a period of eight to ten weeks under certain conditions at a cost of $1.000 to the city. he presented same. In this connection, Mr. S. Albert Trompeter appeared before Council and objected to employing the task system of refuse collection in the experiment, Mr. Trompeter advising that he has talked with a number of the employees in the Sani- tation Department and that all but three DY them are opposed to the task system because they are afraid they may have to work overtime without getting paid for it. Mr. Nheeler voiced the opinion that there ~ill be days the men will finish their work early which will offset the days they have to work overtime to provide for a uniform forty hour work ~eek. Mr, Pollard pointed out that the proposed system is only for eight'to ten weeks and stated ~hat he feels it should be 9~ven a try. Mr. Dillard stated that he is opposed to the task system and moved that paragraphs three and four be eliminated from the proposed Ordinance. The motion was lost for l~ck of a second.' After a further discussiun of the matter, Mr. Mheeler offered the followl~ emergency Ordinance: (#15166) AN ORDINANCE authorizing the ~ity Manager to accept the offer'of Most Virginia Pulp and Paper Company to experiment w~th its *Papercan* system of garbage removal in defined portions of the City for a limited period of time; directing.the proper City officials to co-operate In the experlment~ Staying certain inconsistent ordinances during the time of the experiments nnd providing for an emergency (For full text of Ordlnnnce, see Ordinance Book Mo, ~6, page 190,) Mr, Mheeler moved the adoption of the Ordinance, The motion was seconded by Mr. Pollard and adopted by the following vote, Mr, Dillard objecting to paragraph three and four of the Ordinance with relation to the task system: AYES: Messrs, Garland, Jones, Pollard, Wheeler and Mayor Stoller ....... NAYS: Mr. Dillard ...................................................... 1. (Mr. Young absent) Mr. Pollard then offered the following emergency Ordinance transferring $1,000 for the city's portion of the cost of the experiment: (#lSlfl?) AN ORDINANCE to amend and reordain Section x9?. 'Refuse Collec- tion and Disposal," of the 1963 Appropriation Ordinance. and providing for an emergency. (FOr full tent of Ordinance, see Ordinance Book No. 26, page 191.) Mr, Pollard moved the adoption of the Ordinance, The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, ~heeler and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Young absent) NOTIONS AND MISUELLANEOUS BUSINESS: HEALTH DEPARTMENT-TRAILERS: Mr. Lawrence R. N,ell appeared before Council and presented a petition signed by 4? property owners, objecting to a trailer which has been placed at Nineteenth Street and Kenwood Boulevard, S. E., Mr. N,ell pro- testing that the trailer will decrease the value of homes in that area and r,quentin. that the City Code be amended to prohibit such trailers in residential sections. Mayor Stoller relinquished the Chair and moved that the City Attorney be directed to prepare the proper measure amending the City Code to prohibit the placing of trailers lo residential areas. The motion ~as seconded by Mr. Dillard and unanimously adopted. It being pointed out that the owner of the trailer in question has taken the wheels off of same and is in the process of building a foundation therefor, Mr. Dillard moved that the matter be referred to the City Manager for consultation with the Building Inspector with a view of halting construction of the foundation for the trailer immediately, The motion was seconded by Mr. Wheeler and unanimously adopted Mr. Jones voiced the opinion that there are a number of such problems which should be corrected in the Subdivision Ordinance and moved that the City Planning Commission be requested to review and bring up to date the Subdivision Ordinance as it is presently written to parallel the new Zoning Ordinance which is being prepared. The motion was seconded by Mr. Dillard and unanimously adopted. YOUTH COMMISSION: It was brought to the attention of Council that the terms of Mrs. A. B. Camper, Mrs. Mary C. Pickett and Dr. C. M. Cornell as members of the Youth Commission expire on April 30, 1963; whereupon, Mayor Stoller called fo nominations. 325 326. Mr, Dillard placed In nomination the names of Mrs, A, B, Gasper, Mrs. Mary C, Pichett and Dr, Go M, Cornell ns members of the Youth Couuission for a term of too years beginning May 1, 1963, The nominations mere seconded by Mr. Mheeler, Mrs° A, D, Gamper, Mrs, Mary G. Pickett and Dr. G, M. Cornel! mere reelected as meubers of the Youth Commission for a term of tm* years beginning May 1. 1963, by the following vote: FOR MRS, CAI~ER, MRS, PICK£T! AND DR. CORNELL: Messrs, Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller .............. 6, (Mr. Young absent) On notion of Hr. Jones, seconded by Mr, Pollard and unanimously adopted, the meeting nas adjourned. APPROVED ATTEST: ~~Cle~k Mayor ¸ii "il COUNCIL, REGULAR MEETING, Monday, April 15, 1963. The Council of the City of Roanoke met In regular meeting Jn the Council Chamber ia the Municipal UuildJng, Monday, April 15, 1963. at 2 p.m** the regular meeting hour, with Mayor Stoller presiding. PRESENT: Messrs. Dillard, Garland, Jones, Pollard. Mheeler, Young and Mayor Stoller .............................. ?. ARSENT: None ....................O. OFFICERS pRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph G. lhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting mas opened with a prayer by the Reverend T. L. Cullman, Pastor, First Evangelical United Drethren Church. MINUTES: Copies of the minutes of the regular meeting held off Monday, April 1, 1963, and the regular meeting held on Monday, April D, 1963, having been furnished each member of Council, on motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted, the reading thereof nas dispensed with and the minutes approved as recorded. [IEARING OF CITIZENS UPON PUaLIC hATTERS: NONE. PETIT IONS AND COMMUNICATIONS: STREET LIGHTS-PARKS AND PLAYGROUNDS: A communication from the ~ildwood Civic League, requesting that six or eight additional street lights be installed in ~hrasher Park, was before Council. On motion of Mr. Young, seconded by Mr. Nheeler and unamimously adopted, the request mas referred to the City Manager for study, report and recommendation to Council. STREET LIGHTS: A communication from the Appalachian Pouer Company, trans- mitting a list Of street lights which were installed during the month of March, 1963, was before Council. On motion of Mr. Garland, seconded by Mr. Young and unanimously adopted, the communication was filed. STORM DRAINS-STREETS AND ALLEYS: A petition signed by twenty property ownersin the 2900 block of Glenrose Avenue, N. M., requesting that the storm drain in that block be completed and that the street be paved, was before Council. On motion of Mr. Dillard, seconded by Mr. ~heeler and unanimously adopted, the request mas referred to the City Manager for preparation of a cost estimate, report and recommendation to Council. STREETS AND ALLEYS: A petition signed by eleven property owners, request- ing that Kent Road, S. E., be either blacktopped or hard-surfaced, was before Council. On motion of Mr. Young, seconded by Mr. Dillard and unanimously adopted, the request was referred to the city Manager for study, report and recommendation to Council. 327 328 ZONING: A .petition of Mr. S. Fo Parhsa~ Jr.~ Attorney, representing Kuston Hoses, Incorporated, requesting that property located on the northeast corner of Rosalind Avenue and Tuenty-Sixth Street, S. W** described os Lot I sod the soother 1! 27 feet of Lot 2, Block 45, Crystal Spring, Official Tax No. 1060607, be rezoned froB General Residence District to Special Residence District. mas before Council. 0o motion of Hr. Nheeler, seconded by Wro Pollard and unanimously adopted, the request was referred to the City Planning Commission for study, report recommendation to Council. Z0~INB: A communication from #r. T. L. Plunkett, Jr** Attorney. represent- ing #rs. Emma R. Long, requesting that property located on the southmest corner of Guilford Avenue and Rontvale Road, 5. M., described as Lot 11. Block 3, Grandam Court Official Tax No. 1551030, be rezoned from General Residence District to Special Residence District. was before Council. On motion Of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the request Bas referred to the City Planning Commission for study, report and recommendation to Council. ZONING: A communication from Mr. Malter M. Mood. Attorney, representing Wilson Electric Company, Incorporated, et al.. requesting that property located On the north side Of Patterson Avenue, S. N.. betmeen Seventh Street and Eighth Street lescribed as Lots 36-d0, inclusive, Taylor Map, Official Tax Nos. 1112312-1112316. inclusive, be rezoned from Business District to Light Industrial District, was beforq Council. On motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. INSURANCE: Council having at its meeting on March 25, 1963, adopted Resolution No. 15165, expressing the disapproval of the body of the recent decision of the State Corporation Commission in approving increases in the basic rates for certain automobile liability insurance coverage, effective April 1, 1963, because in the judgment of Council the rates permitted to becharged for such insurance prior to April 1, 1~63, were sufficiently high to enable efficiently operated insurance carriers to pay all proper salaries, operating expenses and judgments rendered, fairly adjust ali proper claims asserted and, in addition, earn a fair return, a communication from ir. Jesse W. Dillon, Commissioner of the State Corporation Commission, advising that,the Commission will greatly appreciate it if City Counci will,furnish,the Commission ~lth whatever information Council had before it to enable it to reach this conclusion, was before the body. After a discussion of the matter, Mayor Stoller relinquished the Chair to move that the letter be referred to a committee composed o£ ]essr?. James E. Jones, Chairman, Roy R. Pollard, Sr., and Murray A. Stoller for reply. The motion was seconded by Mr. Dillard and adopted, Messrs. Wheele~ and Young voting no for the reason that the increase in rates has already gone into effect, if REPORTS OF OFFICERS: BUDGET-TRAFFIC ENGINEERING AND COMMUNICATIONS: The City Manager submitted u mrftteu report, recommending that $5,700 be transferred from Section *Contingencies** to Maintenance of 6afldiugs and Property under Section ~63,. *Traffic Engineering and Communications,# of the 1963 budget, to provide for relocation of fire alarm cables and boxes in the vicinity of Rails Avenue - ~illiam$on Road - Second Street, N. E.~, in connection with the construction of Interstate Route 591. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the follomlng emergency Ordinance: (sl5166) AN ORDINANCE to amend and reordain Section =63, "Traffic Engineel lng and Communications," and Section =167, "Contingencies," of the 1963 Appropriatlo~ Ordinance, a~d providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 192.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the foiloming vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. BU6GEY-DEPARTMENT OF PUBLIC ,ORKS: The City Wanager submitted a ~ritten report, recommending that $600 be transferred from Vehicular Equipment - Replacement under SectlongOl, 'Stre6t Repair;' to Vehicular Equipment - New under Section "Traffic Engineering and Communications," of the 1963 budget, to provide for the purchase of a surplus line truck from the Appalachian Po~er Company. Mr. Mheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15109) AN ORDINANCE to amend and reordain Section u63, "Traffic Engineering and Communications," and Section =01, "Street Repair," of the 1963 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Boo~ No. 2b, page 193.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... ' NAYS:, None ................... O. AIRPORT: The City Manager submitted a ~ritten report, advising that the contract between the City of Roanokd and Yhe Fidelity and 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.(Moodrum) Airport has expired, and recommended that the contract be extended for'an additional year as of January 1, 1963, in the amount of 13% of gross receipts and a rental fee of $5 per square foot per year for the 42.56 square feetof lobby space required. Mr. Young moved that Council concur in the recommendation of the City Manager and that the follosing Ordinance be placed upon its first reading: 329' 330 (z15190) AN ORDINANCE authoriaing the execution or a contract mith The Fidelity and Casualty Company of New York for the sale or.travel insurance policies amd the leasing or certain space in the term,mai building at Roanoke Nuniclpal Airport.+ MREREAS, The Fidelity .and Casualty Company or New York has tendered the City for Its execution, a contract dated Janoary l, 1963, for the sale of travel fnsurnace policies and the leasing of certain space ia the terminal bu. ilding at Roanoke Nunicipal Airport upon substantially the same conditions as are contained in the Clty*s contract for the sale of travel insurance policies mhich has here,afar expired but has. nevertheless, been continued upon the same terms and conditions; and MHEREAS. the City Nanager has recommended to the Council the acceptance of said contract. Mhich embraces a period of one year and. thereafter, automatically renews itself for additional annual periods unless terminated by either party in writing thirty (30) days prior to the expiration of any contract period, a~d that th~ ~roper City officials be authorized to enter into such an agreement. THEREFORE, HE 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 to execute and attest, respectively, a written agreement dated the 1st day of January. 1963. for and on behalf of the City. with The Fidelity and Casualty Company of New York. granting said company the right and privilege to sell insurance pol,icie$ at Roonoke Municipal Airport agreeable to the ter~s and conditions or said contract presently on file in the office of the City ~lerk. pursuant to which, among other PATER DEPARTREN~t Council,baying referred to the..City Manager for study and report a complaint of Hr. Cecil Simmons, 1405 Nineteenth Street, N..E., that he wes billed for water from.a mater meter which proved to be faulty, the City Manager submitted a written report, advising that In reviewing the records It appears the meter might have been slom for a period during 1962. possibly not registering all the water through it, but that it Is clear there has not been an orerchmrge at any tine. therefore, he cannot recommend any change in the water bill. Mr. ~heeler moved that Council concur in the report of the City Ranager. The motion was seconded by #r. Garland and unanimously adopted. SCHOOLS-AIR POLLUTION CONTROL: Council having referred to the city Manage: for study, report and recommendation a petition signed by nineteen residents of Hrondon Avenue, S. W.. requesting that something be done about the smoke, soot. cinders and fumes which pour from the large smokestack at Patrick Henry High Schoel behind their homes, he submitted a written report, advising that the smoke could have been caused by one or more of the electronically controlled air draft devices not operating properly, which controls have been adjusted and should correct any problem existing at this time, however, if the problem has not already been solved new type air-controlled drafts will be tried until a permanent solution carl he found Mr. Garland movedthat %he report of the City Manager be received and filed. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS: The City Kanager submitted a written report, transmitting a report of the Department of Public Relfare for the month of February, 1963, and listing monthly departmental reports on file in his office. On motion of Mr. Pollard, seconded by Mr. Jones and unanimously adopted, the report was filed. REPORTS OF COMMITTEES: AL~ITOR1UM-COLISEUM: Council having adopted Resolution'No. 14975 on October 15, 1962, appointing appraisers to make a confidential appraisal of the 22 1/2 acres of land in the Commonwealth Redevelopment Project, recommended as a site for an auditorium-coliseum, and appointing a committee composed of Messrs. Waiter L. Young, Chairman, James E. Jones and Robert A. Garland to negotiate with the Commissioners of the City of Roanoke Redevelopment and Housing Authority in an effort to have the $500,000 price therefor reduced, the committee submitted the following report: "Roanoke, Virginia April 12, 1963 Honorable Mayor and Members of City Council Pursuant to a resolution of the Roanoke City Council, the Undersigned committee bas negotiated for some time with the Roanoke Redevelopment. and Uousing Authority on the question of the price to be paid by the City to the Authority for approxi- mately 22 acres of land in the Commonwealth Redevelopment Project should the City desire to acquire it as a site for a new civic auditorium and coliseum. We regret to report that our negotiations were unsuccessful and the Authority refuses to grant the City an option at uny 332 floure lower.than $500,000. Me are mow convinced that if tke City desires to obtain an option on the property the $500,000 . price.will prevail. SI Mailer L. Yonna Walter L. Young, Chairman S; Janei £. Joan! · James E. Jones S/ Robert A.: Garland Robert A. Garland~ In a discussion of the report, Mr. Young acknomledged that the confldentia appraisal was in the amount of $350,000 and that the committee had tried to have the $500,000 price reduced to $425,000. Mr. Young moved that the report of the committee be accepted and the committee discharged. The motion was seconded by Mr. Rheeler and unanimously adopte The committee appointed to work with the architects and engineers employed to prepare the plans and specifications for tbe proposed auditorium-coliseum presented the following report: The Honorable Murray A. Stoller and Members of City Council. Gentlemen: At.your regular meeting on September IT, 1962, by Resolution No. 14946, you appointed the undersigned as a committee tO work and advise mith the architects and engineers employed to prepare the plans and specifications for the proposed auditorium- coliseum ia the preparation of such plans and specifications. . After careful consideration of all the facts involved and after eFery effort to obtain this land at a price lower than the figure offered by the city of Roanoke Redevelopment and Housing Authority has been exhausted, and after every negotiation has proved futile, it is the recommendation of thiscommittee that the City of Roanoke take the $500,000 option on the land known as the Common- wealth Site to be used for civic purposes. Respectfully submitted, Si Egbert A, G~rlan~ Robert A. Garland, Chairman, S! Murray A. Stoller Murray A. Stoller, Without rejecting the Salem offer S! Jame~ E. Jones James E. Jones, concur in Mayor*s statemen S! Mailer L. Younq Walter L. Young." in a discussion Of the report Of the committee, Mr. Dillard stated that he would vote to acquire the option on the Commonwealth Site, prorided no purchase of the tract of land for.a civic center will be made unless a referendum is passed. Mr. Garland expressed the opinion that the people should be afforded an opportunity to decide whether or not they want this facility, that an offer of the Town of Salem to, dooate~R5 acres of land in Salem as a site for the proposed auditorium-coliseum should be rejected with an expression of appreciation for said offer, that his committee should proceed to work and advise with the architects and engineers employed to prepare the plans and specifications for the proposed auditorium-coliseum in the preparation of such plans and specifications as previousll instructed by Council and that Council should disregard any future proposals or propositions concerning other sites. Hr. Jones stated that his recommendation to secure an option on the Commonneclth Site is based on a statement made by Mr. Edmard B. Lassiter, former Chairman of the Roanoke Yalley Regional Planning Commission that this is the best location for this facility onymhere in the valley and is also based on the report made by the Junior Chamber of Commerce. concurred in by Downtown Roanoke, the Citizens* Committee for Creater Roanoke. the Roanoke Chamber of Commerce and the City Planning Commission, recommending that an auditorium=coliseum be erected on the Conmonuealth Site.. Mr. Pollard stated that he is in favor of obtaining an option on the Coomonmealth site because he is of the opinion that this is the best site available and would serve the people to better advantage than any other site which has been considered. Mr. Wheeler expressed the opinion that the Commonwealth Site is the most conveniently located site and that the auditorium and coliseum should be located on the sane site. Mr. Young indicated that be is willing to vote for any site agreeable to the majority of Council in order to get an uudJtorium-coliseun, Mayor 5toller indicated that he would vote for an Ordinance to acquire an option on the Commonwealth Site because he b~lieves it is important to have unanimous action in this matter, that he is of the opinion that the offer of Salem to donate 25 acres affordsthe possibility of cooperation and having valley-wide support for the two structures involved in the project even though it would mean placing one of the two structures in Salem. but if he is unable to persuade his colleagues of the wisdom of this view he will pledge his support to the Commonwealth Site. Mr. Garland then offered the following emergency Ordinance providing for the acquisition of an option on the Commonwealth Site: (=15191) AN ORDINANCE authorizing and directing the City Manager to endeavor to obtain a year's option from the City of Roanoke Redevelopment and Housing Authority. granting unto the City the exclusive right to purchase a triangular area of land situate in the Commonwealth Redevelopment Project and bounded on the north by Orange Avenue, on the east by WJlliamson Road and on the west by the future Interstate $91 Highway Spur, contaihing 22 1/2 acres, at the purchase price of $500,000: and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 194.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. The committee appointed to study the offer of the Tomn of Salem submitted the following report: 333 334 ~April 15, 1963. City Council, Roanoke, Virginia. Gentlemen: At the regular meeting of the Council of tke City of Roanoke on March 25, 1963~ a communication from the Honorable James I. Royer, Mayor of the Town of Salem, submitting an offer of the Council of the Town of Salem to donate 25 acres of land in Salem as o site for the proposed auditorium*coliseum and to share in the'cost of the project if the auditorluu-coliseum is located on said site, was referred to the undersigned committee for study, report and recommendation to the City Council. Your committee begs to report as follows: It is the opinion of Mr. Garland, Chairman, that this offer should be declined With thanks because he still believes that if the four governments will consider the matter in a dispassion- ate and contemplative fashion it will be the consensus of opinion that the auditorium-coliseum, with adequate parking space, placed in the Commonwealth Redevelopment Project, will be the most practical and economical way of dealing with the problem. It is the opinion of Mr. Garland'that this site is as readily available to Salem, ¥inton and wide areas of the County as it is to many parts of the City of Roanoke, that it is indisputably the most efficient site to serve the whole valley that it is the natural place, the most useful place, and that while be applauds the suggestion of the Town of Salem as a step in the right direction ho cannot accept it as the best solution to the problem in that the use of the two sites, widely separated, would be inefficient and uneconomic. It is the opinion of ga)or Stoller and Councilman Young that steps should be taken to explore the Salem offer with a view of splitting these structures, the contention site in Roanoke and Robert A. Garland, Chairman, Murray A. Stoller Nailer L. Young, James E. Jones.' Mr. Pollard moved that Council concur in the recommendation of the committee and that the body go into executive session for the purpose of meeting as a committee of the whole to consider this matter. The m~tlon was seconded by Mr. Rheeler and unanimously adopted. After the executive session, Mr. Garland moved that the offer of the Town of Salem be rejected, that Salem be thanked for its kind offer and that the Town Council be advised that the Council of the City of Roanoke is of the belief that it Is in the best interest of the entire valley to place the auditorium-coliseum on iht site in the Commonwealth Redevelopment Project. The motion was seconded by Mr. Nheeler and unanimously adopted. PARKS AND PLAYGROUnDS-GARBAGE REMOVAL: The committee appointed to study the closing of the Mashington tark Dump submitted the following report with regard to preparation of plans and specifications for the repair and modernization of the Incinerator: : "Roanoke, Virginia April 15, 1963 To the City Council Roanohe, Virginia Gentlemen: The committee for the incinerator has received fFom the Morse DoulgeF, Inc., tentative drawings and specifications for improve° meats to the incinerator. ~e believe that due to the necessity for architectural draw- ings and specifications that the firm of £ubank and Caldwell should be engaged at the usual American Institute of Architects rate to dram the plans, provide the necessary eqnipme~ , and supervise the construction of the improvements and enlargements after public bid has been received by the City Council. Respectfully submitted. S/ Vincent S. Mheeler Vincent S. Mheeler, Chairman S/ Benton O. Dillard Benton O. Dillard S/ Roy R. Pollard, Roy R. Pollard, Sr." Mr. Mheeler =eyed that Council concur in the report'of the committee and *flared the following Resolution: (=15192) A RESOLUTION authorizing the employment of architects and !ngineers to prepare requisite plans and specifications for the repair and moderniza- tion of the City*s incinerator and to supervise the construction thereof if a bid fei the performance of such work is accepted and, also. stating the fee to be paid for the performaece of such work. (For full text of Resolution, see Resolution Book No. 26, page 194.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jonas, Pollard, Wheeler, Young and Mayor Stellar ........................... ?. NAYS: None ...................O. STREETS AND ALLEYS: Council having referred bids on paving of streets at various locations in the city to a committee for tabulation and report, the committe* submitted the following report: ~April 11. 1963 To The City Council Roanoke. Virginia Members of Council:~ Attached heretoii acopy of tabulation of bids opened and read before City Council at its regular meeting on Monday, April 1, 1963, for the paving of streets in the City or'Roanoke (1963'Blacktop Program). .335 336 As can be seen fram the tabulation, three (3) bids mere received. The low bid mas submitted by Virginia Asphalt Paring Company, Inc. in the amount of $180,002,00. Counailta attention is called to the fact that mn error mas made In Adams Construction Companyts bid in the amount of $4.522,00 and their apparent low bid should.be increased by $4.$22.00 making their final bld $1§2,780.00. This error mas made In the extension of the major lies in the proposal. Attached is a letter from the City Attorney in which be bas ruled that the unit price as set forth In the bid proposal is the controlling factor. Under the City of Roanoke General Speclffcfntfons and Informa- tion, the follosing three paragraphs hare n bearing on this situa- tion: 3. 'Proposals that contain any omission, erasures, alterations, additions, or items ant called far in the City Engineer's estimate, or that contain irregularities of any kind. shall be rejected as informal.' 4. 'Uach proposal shell specify the gross sam. written Jn with ink or typed In both words and figures, for mhich the work mill be performed according to the plans and specifications, together with a unit price for each of the separate items as called for. Such gross sum shall be based upon the quantities as shown in the City Engineer's approximate estimate. Any proposal may be deemed informal which does not contain prices set opposite to each of the several items for which there are quantities as shown in the City Engineer's estimate, or which shall in any manner fail to conform to the conditions of the published notice invitin9 proposals.' 5. 'Only actual quantities of work performed will be paid for, and upon completion of the work if such actual quantities sho~ either increase or decrease from the approximate estimate, then such variation will be computed at the unit prices in the bid and will be taken from or added to the gross sum bid** It is recommended that the~ntract be awarded to virginia Asphalt Paving Company, Inc. in the amount of $1RO,UO2.00. In the 1963 Budget $200,000 was appropriated for blacktop work. Allowing $4.OOO.OO for engineering tests and inspection, this w/Il leave $196,000 for blacktop work. Virginia Asphalt Pavia9 Company by letter dated April 9, 1963, to H. Cletus Broyles, Director of Public Works, has agreed to extend their contract by $12,000 to $15,000 on the unit prices set forth in the original bid. It is further recommended that Virginia Asphalt Paving Company's contract be extended to the total sum of $196,000 based on the unit price set forth in the proposal. Respectfully submitted, S! RQbert Av GArland Robert A. Garland, Chairman S! R~¥ R, Pgll~rd, ar, ROF R. Pollard, Sr. S! Arthur S, O~ens Arthur S. Owens Si H~ Cl~tus Brgvles H. Cletus Broyles' Mr. Garland advising Council that the Adams Construction Company is abate of and has acknowledged the error in its bid, Wr. Pollard moved that Council concur in the recommendation of the committee that the proposal of Virginia Asphalt Paving Company, Incorporated, be accepted and offered the following emergency Ordinance: (#15193) AN ORDINANCE accepting the proposal of Virginia Asphalt Paring Company, Inc., for pavia9 of streets at various locations in the City; authorizing the proper City officals to execute the requisite contract; rejecting all other bid and providing for an emergency. ,w ,! (For full text of OrdJnnnce,,see Ordinance Book No. 26, psge, 19S,) Yr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones. Pollard, Mheeler. Young and Mayor Stoller ........................... ?. NAYS: None ...................O. Mr. Wheeler then moved that Council concur in the recommendation of the committee that the contract of Virginia Asphalt Paving Company, Incorporated, be extended to the total sum of $196.000 based on the unit price set forth in its proposal and that tbs matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Young and adopted. Mayor Stoller voting no because he believes Council should stay within its original appropriation for street paving. UNFINISHED BUSINESS: ELECTIONS: Council haydn9 carried over until the present meetin9 a communication from the Electoral Board, recommending that the Nashington Heights Precinct be divded with Melrose Avenue, N. M.o as the dividin9 line, and that the )recincts be named North MashJngton tleights with the votin9 station at Mestside Elementary School and South MashJngton Heights ~ith the votin9 station at Forest Park Elementary School, in order to give the affected citizens an opportunity to be heard on the question of naming these precincts, the matter was again before the bcd Mr. Dillard moved that the precinct with the votln9 station at Nestside Elementary School be named Westside Precinct and that the precinct with the voting station at Forest Park Elmentary School retain the name of Nashington tleights Preci and that the matter be referred to the City Attoroey for preparation of the proper measure. The motion was seconded by Mr. Mheeler and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AND CONSIDERATIO~ OF ORDINANCES AND RESOLUTIONS: BUOGET-HEALT~ DEPARTMENT: Ordinance No. 15179, transferring $490 from Office Furniture and Equipment - Replacement to Office Furniture and Equipment - New under Section ~40. "Health Department,' of the 1963 budget, to provide for the ~urchase of an electric typewriter, having previously been before Council for its !irst reading, read and laid over, was again before the body, Mr. Pollard offering the following for its second reading and final adoption: (~15179) AN ORDINANCE to amend and reordain Section ~40, "Health Depart- ment," of the 1963 Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No. 26, page 192.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard and Mheeler ...........4. NAYS: Messrs. Dillard, Young and Mayor Stoller ............. 3. 337 338 FONICIPAL.COURT: Ordinance No. 15185, making · person uho COBalts an unJustified assault or battery upon another guilty of a mtsdemeonor~ having prevlousl been before Council for its first reading, read and laid over, mas again before the body, Mr. Young offering the follouing for.its second reading and final adoption: (miSt85) AN ORDINANCE Baking a person mbo commits an unjustified assault or battery upon another guilty of a misdemeanor. (For full text of Ordinance, see Ordinance Book No. 26, page 192.) Mr. Young eared the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard. ~heeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. SIGNS: Council having previously directed the City Attorney to prepare the proper measore permitting the Thursday Morning Music Club to install a banner across Jefferson Street at Church Avenue. S. No. the week of May 5-12. 1963, in connection with the observance of National Music Meek. be presented same; whereupon, Mr. Young offered the following Resolution: (~15194) A RESOLUTION authorizing the City Manager to permit the Thursday Morning Music Club to install a banner across Jefferson Street in connection ~ltb the observance of National Music Neek. (For full text of Resolution, see Resolution Book No. 26. page IRS.) Mr. Young moved the adoption of the Resolution. Yhe motion was seconded by Mr. Pollard and adopted by the follosing vote: AYES: Messrs. Dillard. Gar ~ nd. Jones. Poi lard. Nheeler, Young and M~yor Stoller ........................... NAYS: None ...................O. DEALYH DEPARYMENY-TRAILERS: Council having directed the City Attorney to prepare the proper measure a~e~dlng Chapter 2. Title IX. of The Code of the City of Roanoke. 1955. regulating automobile trailer and tourist camps, to prohibit house trailers in residential areas, he presented an Ordinance amending the Building Code to provide that no residential building shall be constructed or altered in any manner so as to contain less than 700 square feet in area. In a discussion of the matter, Mr. Young protested that the proposed Ordinance sill not affect the trailer shlch has been placed at Nineteenth Street and Kenwood Boulevard, S. E., as complained of by Mr. Laurence R. Noell at the last regular meeting of Council, since it covers future situations of this nature; that it permits the placing of trailers ever ?00 square feet in residential areas and at the same time prohibits the construction of houses of less than 700 square feet ~hlch is all some young couples can afford. After a further discossion of the question, snme of the members of Cooncil expressing the opinion that the proposed Ordinance is a temporary expedlenc y until such time au Chapter 2, Title XX, of the City Code,. Is amended, Mr.~iheeler offered the following emergency Ordinance: (zlS195) AN ORDINANCE to amend and reordain Section 501. *goons And Exit Hays* of The Official Dullding Code of the City of Roanohe, 1956, by adding a new subsection thereto, being subsection 501.1. *Minimum area for residential buildings* and providing for an emergency. (For full text of Ordinance~ see Ordinance Dook No. 26, page 196.) Hr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Garlund and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Hheeler and Mayor Stoller ........................................ 6, NAYS: Mr, Young .....................I. Mr, Pollard.then moved that the City Manager be instructed not to issue any permits for mobile houses until Chapter 2, Title XX, of the City Code. is amende, The motion mas seconded by Mr. Dillard and unanimously adopted, MOTIONS A~D MISCELLANEOUS BUSINESS: CXTY CLERK: Mr. Dillard voiced the opinion that copies of the minutes of the meetings of Boards, Commissions and such committees as the Citizens' Committee for Creater Roanoke and the Stadium Advisory Committee appointed by Council should be filed with the City Clerk for the iniormation el the members of Council and moved that the matter be referred to the City Attorney for preparation of the proper measure. The motion ~as seconded by Mr. Jones and unanimously adopted. YOUTH COMMISSION: Council at its last regular meeting herin9 reappointed Mrs. A. B. Camper, Mrs. Mary C. Pickett and Dr. C. M. cornell as members of the Youth Commission for a term of two years beginning May 1, 1963, the City Clerk advised that Resolution No. 12121, providing for the establishment and appointment 33'9 On mot'ion of Ur. Jon~s, seconded b7 Mr. I)lllard and unanimously adopted, the neetiag vas adjourned. APPROVE'I) ATTEST: COUNCIl., REGULAR MEETING, ¥ondnye April 22, 1963. The Council of the City of Roanoke wet in regular meeting in the Council Chawber in the Municipal Building, Monday, April 22, 1963, at 2 p.we, the regular meeting hour, with Mayor St.lief presiding. FRESENT: Ressrs. Dillard, Garland, Jones. Pollard. Mheeler, Young and Mayor St,lieF .............................. ?. ABSE~Y: None ....................O. OFFICERS PRESENT: Hr. Arthur S. Owens, City Ranager, Hr. Randolph G. Whittle, City Attorney, and Mr. Jo Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend D. C. Craig, Pastor, Jefferson Street Baptist Church. RINUYES: Copy of the minutes of the regular me,tin9 held on Monday. April 15, 1963, having been furnished each member of Council, on motion of Mr. hheeler, seconded by Mr. Pollard and unanimously adoptedt the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: AIRPORT: Mr. Harold F. Brown. President. Aerial Services Corporation. operator of a helicopter service in Roanoke. appeared before Council and requested the construction of hangar, shop and office facilities at Roanoke Manfcfpal (In,draw Airport for use by this company, Mr. brown verbally estimating the cost of the facilities at approximately }20,000 and advising that his comPan~ is willing to assume a long-term lease at a monthly rental fee sufficient to amortize the cost of the construction. Mr. Wheeler moved that the request be referred to a committee composed of Ressrs. Roi L. ~ebber. Chairman. Roy R. Pollard. Sr.. Arthur So Owens. Robert R. Woody, J. W, Burr,ss, E. R. Yaught, Milliam H. Carder and T, E. Frantz, Jr., for study, report and recommendation to Council as soon as possible. ZONING: Mr. John L. Ap,st,Ion. Attorney. appeared before Council. advising that Section 34. Chapter 4. Title XV. of The Code of the City of Roanoke. 1956. provides that where either side of a street, between t~o cross streets, is designate on the zone plan aa a part business district and a part residence district the building line shall be established according to the regulations provided for a where sixty per cent of the total lot frontage ia designated in a business district. that the Judge of the Law and Chancery Court has ruled in a recent case that a 'block" is either side of a street between two cross streets on that side of said street, while others interpret a *cross street~ as a side street which intersects the wain street, but does not necessarily cross it, Mr. Ap,st,Ion requesting that 341 342 the definition of the term "block" be included in the above section to conform with Section 2, Chapter 50 Title XVll, of The Code of the City of Roanoke, 1956, pro- viding that except in cases of half streets and when physical contingencies require modification, a new hundred shall begin on streets where a street la crossed, which change would u~so provide.a formula for c~mputlng "lot frontage", Hr, Apostolon expressing the belief that such an amendment would remove all ambiguity and uncer- tainty as to ~he defln~tion of a block. After a discussion of the matter, Mr. Dillard moved that the request be referred to the City Planning Commission for study, report and recommendation to Council as expeditiously as possible. The motion was seconded by Mr. Pollard and unanimously adopted. PETITIONS AND CO#RUN/CATIONS: LICENSES: A communication from Mr. $. Albert Trompeter, requesting that fund raising project, ~as before Council. In a discussion of cons,olidation of Roanoke Valley, Mr. Jo,nes raised the question of a conference between the proper authorities of Roanoke County and Roam*he City for the purpose of determining whether or not the consolidation of the county school system and the city school system would he feasible° end, If to, the proper procedure which should be followed to accomplish same. Mayor St*lieF stated that he Is Interested in ascertaining whether or not the governing bodies are willing to consider the first recommendation in the report of the subcommittee that they appoint two or not more than three representatives each to an official Joint committee for the purpose of mahlng a continuing study of merger or consolidation feasibility and the manner of accomplishing same, and that this Joint committee report its findings and recommendations to the respective governing bodies not later than July l, 1964. Mr. Dillard voiced the opinion that the entire membership of the governin! bodies in Roanoke Valley should discuss the overall qsestion of consolidation of the four local governmental units and moved that the Mayor contact the Chairman of the Board of Supervisors of Roanoke County, the MayoF of the Town of Salem and the Mayor of the Town of Vinton with a view of having a general discussion on the question of consolidation by the 9overning bodies of the governmental units in Roanoke Valley. The motion was seconded by Mr. Jones and adopted, Mr. Young voting no because he feels that a general discussion may result in a delay with regard to the school question. REFUh~$ AND R£BATES*LICENSES: A communication from Mr. C. D. Johnston, 1222 Sylvan Road. S. E., advising that on April 12, 1963, a city automobile license tag was inadvertently purchased for his business partner Mr. Lawrence B. Vest, 3759 View Avenue, S. W., who lives in the county, instead of for him, and requesting thai the $10 paid for the city automobile license tag be refunded, was before Council. Mr. Wheeler moved that Council concur iu the request and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Pollard and unanimously adopted. REFU~I)S AND R£BATES-LICENSES: A communication from Mrs. Blanche C. Conk, advisin9 that on April 3, 1963. she purchased a city automobile license tag. that since that time she has become ill and will not be able to drive a car again, and requesting a refund of $10 inasmuch as the tag has never been used. was before Council. be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Pollard and unanimously adopted. S£NER5 AND STORM DRAINS: A Resolution of the Board of Supervisors of County of Roanoke,. dated September 26, 1954, dealing with the treatment Of domestic owned by Sue H. Yost, said tract of land being located southwest Of the city and adjoining the Brambleton Court Subdivision. was before Council. 343 3;44 Mr. Mheeler moved that the request be referred to u coulttee composed of Masaru, Yalter L,.Young, Chairman, Roy L. Mebber, Randolph G, Mhittle end Arthur S, Owens for study, report and recommendation to Council° said study to include the question of whether or not city sewer lines are sufficient to take care of the above tract of land, The motion wes seconded by Mr. Garland and unanimously adopted, REPORTS OF OFFICERS: BRIDGES: The City Manager submitted a written report, advising that under theexlstlng contract the Norfolk and Nestern Railway Company has all the maintenanc~ and cost for the upkeep of the Thirteenth Street Bridge, but that the Railway Companl has agreed to substantially Improve said bridge by placing a concrete deck thereon it substitution for the present asphalt over timber flooring, at its sole cost, pro- vided the city Js willing to assume the future maintenance of the entire structure, the City Manager recommending that he be authorized to enter into an agreement, for and on behalf of the City of Roanoke, with the Norfolk and Mestern Railway Company to this effect. In a discussion of the matter, Mr. N. Cletus Broyles, Director of Public Murks, explained that the new concrete deck will give a smoother surface to the bridge and that the flow of traffic can be controlled by closing only one-bali of the bridge at a time while it is being repaired. In answer to a question from Mr. Dillard. Mr. Darold N. Malbright. representative of the Norfolk and ~estern Railway Company, stated that the sidewalks are included in the improvement project. Mr. Dillard then raised the question as to cost of future maintenance of the bridge and Mr. Broyles expressed the belief that such cost will be small. Alter a further discussion of the matter, Mr. Jones raising the question as to whether or not necessary land can be acquired by the city to eliminate the curve in the bridge while it is being repaired. Mr. Dillard moved that action on the question be deferred until the regular meeting of Council on May 13. 1963, in order that this information might be obtained. The motionwas seconded by Mr. Garland and unanimously adopted. POLICE DEPARTMENT: The City Manager submitted a written report, recom- mending that Mr. W. O. Adams, a member of the Police Department who was unable to perform his regular duties by reason of ~rsonal injury received in line Of duty, be paid his regular salary for a period of eight days over and above the sixty days provided for by Resolution No. 4746. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (=15196) A RESOLUTION authorizing and directing that No Do Adams. a member of the Police Department who was unable to perform his regular duties by reason of personal injury received in line of duty for a period of;sixty-eight days, be paid his regular salary for the entire period. (For full text of Resolution, see Resolution Book No, 26, page 197.) ~r, Garland moved the adoption of the Nesointiono The motion was seooadec by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mbeeler, Young and Mayor Stoller ........................... NAYS: None ...................O, PARKS AND PLAYGROUNDS-STAT£ HIGflMAV$: The City Manager submitted a written report, advising that the Roanoke Valley Regional Planning Commission bas reqnested the se~rvice s of the City Planning Department in connection .lth the preparation of a Neglnnal Parks and Open Spaces Plan at a fee Of $3,000, and recom- mended that he be authorized tn enter into a contract, for and on behalf Of the City of Roanoke. with the Roanoke Valley Regional Planning Commission, providing for the furnishing of certain technical services by the City Planning Department, because it is part of the plan for the extension of Blue Ridge Park.ay to Mill Mountain and the funds the city could secure from the Housing and Home Finance Agency would be increased if this study on an area basis is accepted by the Housing and Bome Finance Agency. Mr. Mheeler muted that Council concur in the recommendation Of the City Manager and Offered the following Resolution: (~15197} A RESOLUTZON authorizing the proper City Officials to execute a contract between the City of Roanoke and the Roanoke Valley Regional Planning Commission, pursuant to which the City covenants and agrees, through its Planning Department, to perform certain technical services in connection with an undertaking which is expected to be partially financed under Section VOl of the Housing Act of 1954, as amended. (For full text of Resolution, see Resolution Book No. 26, page 19B.) Mr. Mbeeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, ~heeler, Young and Mayor Stoller ........................... NAYS: None ................... DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a written report, recommending that Council establish a public policy to provide employable persons who are eligible for public assistance in the form of grants of general relief an opportunity to earn the grants forwhich they are eligible through the rendition Of services for the City of Roanoke. In a discussion of the draft of Resolution, Mr. Dillard pointed out that the Resolution makes no provision for the rate Of pay and the words "at the pre- vailing several wage rates Of the City Of Roanoke" were inserted Ja the draft. Mr. Jones raised the question Of deleting from the Resolution the folio.in sentence: *Every such person who ~efnses to render such service, or who fails, refuses or neglects to perform the service after having accepted the opportunity to do so. should be ineligible for such assistance." 3'45 ;346 Council being of the opinion that the deletion of thio sentence mould meaken the Resolution, no action nas taken on the suggestion, After n further,discussion of the matter, Mr, Young moved that Council concur in the recommendation of the City Manager and offered the folloming Resolution: (n15198) A RESOLUTION concerning persons mbo are eligible for public assistance through grants of general relief fends, (For full text of Resolution, see Resolution Book No, 26, page 199.) Mr. Young moved the adoption Of the Resolution. Yhe motion Has seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Mheeler. Young and Mayor Stoller ......... NAYS: None ...................O, HOUSING-SLUM CLEARANCE-SEWERS AND SYORM DRAINS: The Ci~y Manager submitte a nrittel report, advising that Roanoke Auto Spring Murks, Incorporated, has agreed to pay one-half Of the cost Of relocating sanitary sewer and storm drain lines across Parcel a of the Commonwealth Redevelopment Project, mhich site is in the process of being acquired by the Corporation, and that since the relocated semer and storm drain will be of benefit to the city in serving other properties besides the parcel in question, it is felt that the proposal is reasonable and fair, the City Manager recommending that Council accept the proposal and that the sum of $8,000 be appropriated for the project. in this connection, Mr. Tom Stockton Fox, Attorney, representing the City of Roanoke Redevelopment and Housing Authority, appeared before Council and explaine, that the existing location of the sewer and storm drain lines conflicts with the proposed development Of this property and that it will be necessary to relocate same before the Housing Authority can proceed with development of the area. After a lengthy discussion of the matter, Mayor Stoller voiced the opinion that the relocation Of the sewer and storm drain lines should be bandied by the City of Roanoke Redevelopment and Housing Authority and relinquished the Chair to move that the proposal of Roanoke Auto Spring Works, Incorporated, be regretfully declined. The motion was seconded by Mr. Young and unanimously adopted. AIRPORT-STATE HIGHWAYS: Council having previously accepted a proposal of J. M. Turner and Company, Incorporated, to construct a 54-inch and a 36-inch storm drain for the City of Roanoke under Interstate Route 561, approximately 1,200 feet north Of Hershberger Road, to serve Roanoke Municipal (Noodrum) Airport, in the amount of $18,406, the City Manager submitted a written report, recommending that the Grant Agreement for Project 9-44-012-C212 at Roanoke Municipal (Noodrum) Airport be amended to include this project with a view of the city being reimbursed for half of the COsLOf the work by the Federal Government. After a discussion of the matter, Mr, Jones stating that he was under the impression at the time Council authorized the construction of the storm drain lines that tkere were sufficient city funds for ProJect 9-44-012-C212 to cover thin project without the possibility of.having to-appropriate additional funds therefor, Hr. Hheeler moved that Council concur in the recommendation or the City Manager and offered the following Resolution: (z15199) A RESOLUTION authorizing the City Manager and the City Clerk to execute, for and on behalf of the City, and, thereafter, the City Attorney to certify an amendment to Grant Agreement for ProJect No, 9-44-012-C212 (Contract No, FA-EA-347), (For full text of Resolution, see Resolution Hook No, 26, page 200.) Hr. Nheeler moved the adoptionof the Resolution, ?he motion was seconded by Hr, Pollard and adopted by the following vote: AYES: Ressrs. Dillard, Garland. Pollard, Hheeler and Young .............5. NAYS: Rr. Jones and Mayor Stoller ...................................... HEALTH DEPAR?HENT: The City Manager submitted a written report, advising that the X-ray machine at the Health Department is obsolete and needs extensive repairs, that the Roanoke Tuberculosis Association has offered to contribute ~3,O00 touard the purchase of a new X-ray machine for the Health Department and that the present X-ray unit has a trade-in value of approximately }I,HO0, leaving an estimate balance of approximately ~5,500 to be appropriated for a new unit, the City Raaager stating that he feels obligated to bring this matter to the attention of Council for its disposition due to the funds offered by the Roanoke Tuberculosis Association. After a dtsnusston of the matter, Mr. Dillard questioning the statement of the Commissioner of Health that there is extensive radiation on the present machine, Mr, Garland moved that the City Manager be instructed to obtain bids on a new X-ray machine for the Health Department. The motion was seconded by Mr. Dillard and unanimously adopted, WATER HEPAR?RENT: Council having directed the City Manager to submit a report as to whether or not the water at Carvins Cove is fit for human consumption, the City Manager submitted a written report, transmitting correspondence from representatives of the local Health Department and the state Health Department certifying that the water at Carvins Cove is fit for human consumption, Mayor 5toller relinquished the Chair and moved that the.report of the City Manager be accepted and filed, that a copy thereof be forwarded to a committee composed of Dr, Charles Mo Cornell, Chairman, Mr, Roy Lo Webber and Mr, Halter L, Young fo~ its information in yiew of the statement of the Commissioner of Health that any plans to develop Carvins Cove into a recreational area should be modest in scope in that facilities which would attract large crowds would imperil the safety of the Water supply and must be discouraged, and that the City Attorney be requested to prepare a declaratory Resolution expressing the sense Of Council that it has caused a survey to be made as to the fitness of the public water supply at Carvtns Cove and has obtained reasonable assurance that it is fit. The motion was seconded by Mr, Jones and unanimously adopted. "347 '348 STREETS AND ALLKYS-THAFFIC: Council having referred to the City Hanuger for study and report the request Of Hr. Harvey S. Thumps,n. 205 Elm Avenue. S. that the alley at the rear of his bone be repaired and that parking In the vicinity of his home be made available, the City Manager submitted a ~¢rltten rep,F,, listing parking spaces which ore available in the area and advising that the necessary work order has been issued for normal maintenance of the alley. On motion of Mr. Pollard. seconded by Mr. Mheeler and unanimously adopted. the report was filed. TRAFFIC: Council having referred to the City Hanager for study, rep. F, and recommendation a communication from Mr. M. J. Purdue. 1019 Salem Avenue. S. advisin9 that parkin9 is restricted In front of his place of business and requesting that the r e s t rio tin n be changed to a loading zone. the City Manager submitted a written report, advising that #No Parking' signs have been recently installed on the north side of Salem Avenue In the 1000 block and that to take parking off the south side of the street would be inconsistent with murk already done. that Purdue has and can use space adjacent to his dry cleaning plant for loadingpurposes and that a time limit can be placed on the south side of Salem Avenue if it is found necessary to make parking space available for his customers, the City Manager advising that be does not recommend any change in the present parking restrictions in this block. On motion of Mr. Mheeler. seconded by Mr. Pollard and unanimously adopted. the report was filed. TRAFFIC: Council havin9 previously referred to the City Manager for study and report a complaint of Mr. Stewart M. Carter, 2218 Patrick Henry Avenue, N, that tractor-trailer trucks are creating a hazardous traffic condition in the 2200 block of Patrick Henry Avenue and the request of Mr. Carter that either the street be widened or tractor-trailer trucks prohibited from using same; also, that con- sideration be given to changing parking restrictions in the block, the City Manager submitted the full,win9 report: 'Roanoke, Virginia April 22, 1963 To the City Council Eoanoke, Virginia Centlemen: On Monday, April 1. 1963, Mr. Stewart ~. Carter, 2216 Patrick Henry Avenue. N. Eno appeared before Council complaining about tractor-trailer trucks in the 2200 block of Patrick Henry Avenue. I have caused to be made by the Traffic Engineering and Communica- tions Department a survey and a copy of that report is attached for your perusal. Me bare made restrictions in the area which se believe is in the best interest of the general public and do not recommend any chafl~e. ! would suggest that yon refer to the Planning'Commission for study and consideration the need of a uniform setback line from the northern line of the midened Patrick Henry Avenue ~here it is 80 feet, south to Liberty Road and from Liberty Road south to Indiana Avenue and from Indiana Avenue south to where the future connecting road with 480 would be located. ,f This BUy sees cowplext end it Is, due 'to the varied width of the street, plus on actual change in the existing street location north of Orange Avenue to connect sltb Patrick Henry Avenue, It would appear to se that a study should be wade now to protect the necessary width of this street In the future, Respectfully submitted, S/ Arthur $* Owens City Manager# On motion of Mr. Mheelev, seconded by Mr. Dillard and unanimonsly adopted, the matter of establishing a uniform setback line as suggested by the City Manager was referred to the City Planning Commission for study, report and recommendation to Conncil with a viem of considering the widening of a portion of Patrick Henry Avenue in 1964 budget study. S£MERS AND STORM DRAINS: Council having referred a request of twenty- seven property owners that the city construct a sanitary sewer to serve properties on Mrlght Road, Robyn Road and Creston Avenue. So ~., to the City Manager for preparation of a cost estimate of the sewer project and to submit his report and recommendation to Council, the City Manager submitted a wFltten report, advisln9 that he is cognizant of the need for sanitary sewers in this area and frankly believes it should be one of the prime expenditures if funds ave available, the City Manager stating that the estimated cost of the project Is approximately $45.000 and that he feels the project is of such urgency Council should authorize bids to be secured and appropriate public he,rings to be held. Council indicating a desire to hold a public hearing On the question at 7:30 p.m., June 3, 1963, with a view of ascertaining whether or not the project should be approved. Mr. Nheeler moved that the matter be referred to the City Attorney for proper procedure. The motion was seconded by Mr. Dillard and adopted, Mr. Young and Mayor Stoller voting no because in their opinion they might be committing themselves to the sewer project by agreeing to hold a public hearing thereon and the city does not have sufficient funds for the project this year. STREETS AND ALLEYS: Council having referred to the City Manager for study report and recommendation a request of eleven property Owners that Kent Road, So be either blacktopped or hard-surfaced, the City Manager submitted a written report, advising that at the present time this is not included in the program for black- topping, but that if the schedule provides more paving than now committed Council may be assured this street, .along with many otherst will be given consideration, and that in the interim he has issued a work order for improvements on the street. 34.9 ~350 prepnrntio~ of a ~ost estimate, report nnd rec~smendation, the cit~ Manager submitted ia written report, advising that there are no funds provided'in the 1963 budget for the storm drain, which is estimated at $13.000, and it is his suggestion that this request for drainage, along with many others, be considered in 1964 budget study, the City Manager stating that he does not believe it wise to pave this street until the drainage has been provided, but that he will repair the street under the usual street maintenance program. In this connection. Mr. Claude D. Carter. Attorney, appeared before Council and reviewed the history of the uncompleted storm drain. Mr. Carter questioning the estimate of $13.000 for the storm drain and outlining various improvements which are needed on Clenrose Arenue that co.nnot be done until the storm drain Is completed. Mr. Dillard moved that the City Manager be authorized to secure further estimates for the completion of the storm drain and to set it up as a work project. Ybe motion failed for lack of a second. Mr. Carl, and moved that Council concur in the suggestion of.the City Managel that the request for drainage be considered in 1964 budget study. The motion was seconded by Mr. Jones and unanimously adopted. CITY AUDITOR: The City Auditor submitted a monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencing January 1, 1963, and ended March 31, 1963. On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the report Was filed. REPORTS OF COMMITTEES: AIRPORT: Council having referred a recommendatio~ of the City Manager that the City of Roanoke apply to the Housin9 and Home Finance Agency, Urban Renewal Administration. for an Urban Planning Assistance Grant in connection ~ith future development of airport facilities, to a committee composed of Messrs. Roy L. Webber, Chairman, Roy R. Pollard. Sr., Arthur $. Osens, Robert W. Woody. J. Wo Burress, E. R. Vaught, Milliam H. Carder and T. E. Frantz, Jr., for study, report and recom- mendation, the committee submitted a written report, advising that after careful conside,ration Of the matter it fully approved the immediate need for comprehensive planning of present and future airport requirements for Roanoke and recommends that consideration be given toward the acceptance of a Federal grant for this purpose. Mr. Wheeler moved that Council concur in the recommendation of the committe and that the matter 6e referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Pollard and unanimously adopted, UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Ordinance No. 15190, authorizing the execution of a contract ~ith The Fidelity and Casualty Company of New York for the sale Of travel insurance policies and the leasing of certain spare in the terminal building at Roanoke Municipal (#oodrzm) Airport, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Rheeler offerings*he following for its second reading and final adoption: (x15190) AN ORDINANCB authorizing the execution of a contract with The Fidelity and 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. 26, page 197.) NFo Rheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones. Pollard. Rheeler, Young and Mayor Btoller ................................. 7. NAYS: None ...................O. STRE£T$ AND ALLEYS: Council having directed the City Attorney to prepare the proper measure extending the contract of Virginia Asphalt Pavin9 Company, Incorporated, for the paving of streets at various locations ia the el*y, in the amount of $15,118. he presented sane. Mr. Jones pointed out that Council recently appropriated an additional $100,000 to match the $1O0,000 included in the 19~3 budget for the ~treet paving program, that the city Has fortunate enough to obtain a bid of ~IG0,BB2 for the street program, that there have been several items off today*s agenda which, in his opinion, should be authorized with money from the Contingency Fund more than additional street paving, and moved that the sum of }15,11B be transferred back into the Contingency Fund. Mayor 5toller relinquished the Chair to second the motion. After a discussion of the matter, Mayor Stoller warnin9 that the city is not doing as well as the members of Council thought it was in the way of receipts and that he thinks Council should be consereatiye in expenditures nnttl It knows where it stands, and Mr. Dillard predicting that the city willend the year with a surplus as it did last year and expressifl9 the opinion that Council should take advantage Of the unusually good unit price submitted by Virginia Asphalt Paving Company, Incorporated. Mr. Garland offered a substitute motion in the form of the following Resolution: (n15200) A RESOLUTION extending the contract of April ID, 1963, between Virginia Asphalt Paving Company, Inc., and the City of Roanoke for the pavin9 of streets at various locations in the City. (For full text of Resolution, see Resolution Book No. 26, page 201.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard. Garland, Pollard, Wheeler nod Young ............. NAYS: Mr. Jones and Mayor Stoller ..................................... 2o $51 ~352 ELECTIONS= Council having directed the City Attorney to prepare the prope measure providing for the division of the Mashing:on Heights Precinct with Melrose Avenue, Ho W** as the dividing line, the precinct with the voting station at Wes:side Elenentary School to be named Mos:side Precinct and the precinct with the voting station at Forest Park Elementary School to remain #ashlar:on Heights Precinct, he presented same; whereupon, Mr, Dillard offered the following emergency Ordinance: (#15201) AN ORDINANCE to amend and reordaln Sec, 62. 'Mashing:on Heights Precinctt Of Chapter 2, *Precincts and Voting Placest of Title IV, *Elections* of The Code Of the city Of Roanoke, 1956, and fuFtheF amending the aforesaid Chapter 2 by adding two new sections thereto, being Sec. 63 ia). *Wes:side Precinct* and Sec, 63 ih). *Voting place in Wes:side Precinct*; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 26, page 202.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and MayOF Stoller ........................... ?. NAYS: None ................... O. CITY CLERK: Council having directed the City AttoFney to prepare the proper measure requiring that the City Clerk be furnished with copies of minutes of meetings of hoards, commissions and such committees as the Stadium Advisory Commltte and the Citizens' Committee for Greater Roanoke appointed by Council, he presented same; whereupon, Mr. Dillard offered the following emergency Ordinance: (m15202) AN ORDINANCE directing boards, commissions and certain committee! appointed by Council to file their respective minutes with the City Clerk upon approval; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 203.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr, Jones and adopted by the following vote: AYES: Bessrs. Dillard, Garland, Jones, Pollard-, Wheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. ROUSING-SLUM CLEARANCE-STATE RIGRWAYS: Council considered the draft Of an Ordinance providing for the conveyance of twenty-seven parcels of land oMned by the City of Roanoke, located in the Commonwealth Redevelopment Project area, to the City of Roanoke Redevelopment and Housing Authority, as well as all easements for municipa purposes for sanitary sewers, storm drains and water lines owned by the city lying within the Commonwealth Redevelopment Project area. After a=lengthy, dlscussion of the matter with Mr. Tom Stockton Fox. Attorney, representing the City of Roanoke Redevelopment and Housing Authority, Council decided to convey four, of, the twenty-seven parcels of land and all of the easements; whereupon, Mr. Wheeler moved that the following Ordinance be placed upon its first reading: (m15203) AN ORDINANCE providing for the conveyance of certain property owned by the City of Roanohe, located la the C~mmonwealth Redevelopment Project area ia the Rortheast Section of the City of Roanoke, V!rgiaio, to City of Roanoke Redevelopment and Rousing Authority, for a consideration of the proportionate part of the $14,R?1,00 credited upon the obligation of the Clt~ of Roanoke in makiag~of grants-in-eld to Commonwealth Redevelopment Project, and providing further for the conveyance by the City of Roanoke to the City of Roaaohe Redevelopment and Rousing Authority of the right, title and interest of the City of Roanoke in and to all easements for municipal purposes for sanitary sewers, storm drains and water lines owned by said City lying within the Commonwealth Redevelopmen Project area, and authorizing the execution and ~ellvery of a deed therefor, RREREAS, an agreement was entered into between City of Roanoke and City of Roanoke Redevelopment and Rousing Authority on June R, 1955, which was Supplemented by on agreement between the same parties dated December lO, 1957. providing for a slum clearance and redevelopment project in the Northeast Section Of the City of Roanoke, designated as the Commonwealth Redevelopment Project; and WHEREAS, it was provided in said agreements that the City of Roanoke, in order to assist the Authority in undertaking the Project, agreed to make and pay unto the Authority certain grants-in-aid against which were to be credited certain items performed and to be performed by the City of Roanoke, and among which was to be credited a cash fair market value of the property owned by the City of Roanoke within the Project area, which was then therein agreed to be conveyed by the City of Roanoke to the said Authority; and WHEREAS, the City of Roanoke owns and has title to the hereinafter described property lying within the said Project area, and it was determined satis- factorily to Council and to said Authority that the then cash fair market value of the said property was ~14,R7loOO; and WHEREAS, at various times by various conveyances and means the City of Roanoke has acquired certain sanitary sewer, storm drain and water line easements across and along the various lots and properties mtthin the said Commonwealth Redevelopment Project area which are no longer needed, and during the course of the development of the said Commonwealth Redevelopment Project have been abandoned; and WREREAS, the monlclpal easements for said sanitary sewers, storm drains and water lines in said Commonwealth Redevelopment Project area which will be needed by the City of Roanoke are clearly set forth on the subdivision map of the Common- wealth Redevelopment Project, prepared by David Dick and Harry Au Wall, Civil Engineers and Surveyors, dated April 18, 1953, which said subdivision map will be placed of record upon the date of the execution of the deed authorized by this Ordinance, thereby dedicatin9 to the City Of Roanoke such municipal easements in said Project area as are now needed and should be retained; and RREREAS, by Ordinance No. 13,575 adopted by the Council of the City of Roanoke, Virginia, on December 29, 1958, a deed of conveyance of sgid properties and 353 354 said easements, described by'metes~and'bounds in'the said Ordinance, mas duly approved by the Coun~li of tie City of Roanoke, Virginia, and the e~ecution of said dsed was'authorized end directed*~condltioned u~oa delivery of said deed and recordation thereof with the contemporaneous recordation in the Bustings Court Clerk°s Office for the City of Roanoke, Virginia, of a subdivision map of the Commonweal'th Redevelopment ProJect, dated January 6, 1958, prepared by Bayes~ Seay, #nttern and Battern. Architects and £nglneers, which said subdivision map of January 6, 1958, has never been. and will not be, recorded, because of cbaeges necessitated Jn said Project by the location therein of a portion of Interstate Route No. 581o and which said map'of April 18, 1963, IS substituted la the place and stead of said map of January 6, 1958; and RHEREAS, a deed of conveyance for said properties and said easement rights has been prepared and has been approved by the City Attorney conveying certain of said properties and said easement rights described in said Ordinance No. 13.575, and the same should be executed and delivered in order to carry into effect said agree- ments of June 8. 1955, and December 18. THEREFORE, BE IT ORDAINF. D by the Council of the City of Roanoke, as follows: That in Order to consummate said agreements of June 8, lg$5, nnd December 18, 1957, and to carry Into effect said Drdinance No. 13,575. that the proper City officials be, nnd they are hereby, authorized and directed, for and on behalf of the City of Roanoke, to execute, affix thereto the official seal, attest the same, and deliver the draft of deed, approved by the City Attorney, conveying, with special w3rranty of title, unto the City of Roanoke Redevelopment and Housing Authority, all of those certain lots or parcels of land lying and being In the Commonwealth Redevel= opment Project area in the Northeast Section of the City of Roanoke. bounded. described, as follows: Parcel 1 Being Official Tax Appraisal No. $020501. BEGINNING at a point on the present southwest corner of Willlamson Road and 4 1/2 Street. N, E,, (formerly called Bowles Alley); thence with the present west lineof 4 1/2 Street, S. 10o 08' 00" E. 75.65 feet to a point, corner to the J. C. Craghead property; thence with the same S, 76° 21' 00' W. 104,06 feet to a point on the present south line of Nilltamson Road; thence with same 41°02' 21w Eo 132.81 feet to the place of BEGINNING, containing 3984 square feet, more or less, and bein9 the residue of Lot 18, Block 6. Official Survey Sheet N,E.-3o All bearings refer tn the meridian of the Official Survey Map, It is the intent of this description t° cover the residu~ of the land conveyed to the City of Roanoke. Virginia. by J. C. Craghead. et ux, by deed dated Ray3, lq31, and recorded in Deed Book 563~ Pag~ 192, in the Clerk's Office of the Bustings Court for Roanoke City. Reference is made to Plan 1455-3 on file in the Office of the City Engineer which shows parcels of land acquired for the opening and widening of the northern approach (now known as Billiamsoo Road) dated August 8, 1931o Parcel 2 Being Official Tax Appraisal No. 3013706. BEGINNING at the southeasterly corner of property of Polly Bradley, now Polly Bradley Corer, ns of record In Deed Book 698, Page 145, in the Clerk's Office of the Bustings Court for the '! City of Roanoke, Virginia, said.corner being So Sac 50e I$~ 58.0 reef tram the intersection or the former easterly line of Second Street, N, K, (formerly flolllday Street) and the northerly line at n ten root alley, as sbomu on Plan ~o, 4000-5 on rile in the Office or.the City Engineer or Roanoke.Virginia; thence mJth the northerly line or said alley, ~. 680 SO* IS' 18,43 feet to a point; thence ulth a division line across said Felly flrudley Cofer's lot, ack the easterly lice or Seco.d Street; R, IS° 56e 46" E, 52.05 feet t~ u point on same; thence S. DRo SO* 15' E, 5,58 feet to a point; thence S, 1° 36* 45' u. 50,20 feet to the place of BEOINRIRG, and being a portion of the same property conveyed to the City of ioanohe by Folly Rradley Corer, formerly Polly Dradley, and James M, Corer, her husband, by deed dated August 13, 1953t and of record in the said Clerk's Office ia Deed Daub 910, Page Parcel Being Official Tax Appraisal ~o. 3021419o REGINNIRG at a point on the north side of Gregory Avenue, R. 200 feet east of 4th Street; thence mith Gregory Avenue, So E. $0 feet to a point; thence N. 20 E. 95 feet to a point; thence N. DDo M. SO feet to a point; thence S. Ro M. 9S feet to the place or B£ClNNING. and being the sooth one=hair Of Lot 329, Mard 4, Roanoke Land and Improvement Company, and being the same property conreyed to the City er Roanoke by John #. Mllson. Special Commissioner, by deed dated July ?, 1949, and recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, In Deed Book 797, Page 404. Parcel4 Hain9 Official Tax Appraisal No, 3021420. BEGINNING at a point on the north side of Gregory Avenue, N. 125 feet nest of 5th Street (formerly Wood Street); thence with 6regory Avenue 25 feet in a westerly direction; thence 100 feet, more orless, in a northerly,direction.to a point; thence 25 feet in an easterly direction to a point; thence 100 feet, more or less, back to Gregory Avenue, and being the southwest one- fourth of Lot 330, Mard 4, Roanoke Land Improvement Company, and being the same property conveyed to the City ef Roanoke hI John R. Milson, Jr., Special Commissioner, by deed dated June 14, 1949, and recorded in the Clerk's Office of the Bustings Court for the City or Roanohe, ~lrgtnta, in Deed Dook ?~?, Page 425. and also conveying, releasing and quit-claiming unto City of Roanoke Redevelopment and Dousing Authority all of the,rights, title and interest of the City of Roanoke in and to all easements for municipal purposes for sanitary sewers, storm drains and water lines, heretofore conveyed to or owned by the City of Roanoke lying Mithin the Commonwealth Redevelopment Project area, ~hlch area is described and set forth on the subdivision map of the same, dated April 18, 1963, prepared by David Dick and flarry A, Mall, CiviI Engl~eers and Surveyors, excepting, however, from such conveyance Of such easements the easements and rights dedicated to the City of Roanoke by the recordation of said Commonwealth Redevelopment Project subdivision map of April 18, 1963o aforesaid. BE IT FURTHER ORDAINED that said deed, for and on behalf of the City of Roanoke, shall not be delivered and recorded until the same day and contemporaneous with the recordation in the Bustings Court Clerk's Office for the City of Roanoke, Virginia, of said subdivision map of the Commonwealth Redevelopment Project area dated April 18, 1963. ~he motion was seconded by ir. Jones and adopted by the following vote, ir. Young voting no because the Ordinance had not been redrafted when placed upon its first reading: 355 ~;356 AVES: 'Hessrs, Blllord, Oarlund, Jones, Pollard0 ~heeler und Mayor NAYS: 'Mr,. Young ............ ~ ........ 1, MOTIONS AND MISCELLANEOUS BUSINESS: INDUSTRIES: Mayor Stoller relinquished the Chair and offered the followic Resolution with reference to the proposed Norfolk and ~estern Railwuf - Nlchel Plate Nerger: (z152o4) A RESOLUTION expressing the appreciation of this Council over the progress thus far of the proposed Norfolk and Western Railway - Nickel Plate Merger; endorsing the favorable-consideration of sane by the Interstate Commerce Commission and other federal regulatory agencies; and authorizing and directing the proclamation of UN. C ~. #erger Day.# (For full text of Resolution, see Resolution Book No. 26, page 204,) ~r, Stoller moved the adoption of the Resolution. ~be motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Jones, Pollard, Stoller, ~heeler, Youo9 and Vice Mayor 6arland .................................. ?. NAYS: None .......................... O. INSURANCE: Council at its last ~eeting having referred to a committee composed of Messrso James E. Jones, Chairman, Roy R. Pollard, St., and Murray A. Stoller, for repIy, a communication from the State Corporation Commission in regard to the disapproval of Council of the recent decision of the State Corporation Commission in approving increases in the basic rates for certain automobile liabilit insurance coverage,'Mr. Pollard requested that he be removed from the committee. Mayor Stoller named Mr. Garland to replace Hr. Pollardon the committee. On motion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. APPROVED COUNCIL, gEGULAR MEETI~Go Monday, April 29, 1963. The Council of the City of Roanohe met in regular meeting in the Council Chamber In the Municipal Building0 Monday, April 20, 1963. at 2 p.mo, the regular meeting hour, mith Mayor Stoller presiding. PRESENT: Messrs. Dillard, Garland, Pollard, Wheeler, Young and Mayor Stoller .............................. ABSENT: Mr. Jones ...............1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor, INVOCATION: The meeting was opened with a prayer by the Reverend Paul E. Hruce. Pastor, Melrose Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, April 22. 1963, having been furnished each member of Council. on motion of Mr. Mheele~. seconded by Mr. Pollard and unanimously adopted, the reading thereof mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON pUBLIC MATTERS: DEPARTMENT OF PUBLIC ~ORKS: Pursuant to notice of advertisement for bids on furnishing asphalt and tar to the City of Roanoke for the period from June 1, 1963i through May 31 1964 said proposals to be received by the City Clerk until 1-30 p m Monday, April 29, 1963, and to be opened at 2:00 p.m., before Council, Mayor Stoller asked if there mas anyone present who did not fully understand the advertisement, if there ~as anyone present who had been denied the privilege of bidding, or if there ~ere any questions about the adrertisement anyone would like to ask, and no represent atire present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; ~hereupon, the City Clerk opened and read the follo~in bids: R. C. 2, R. C. 2 Type 2 R.T. q Bi0~er Asvhalt Asphalt Tar Adams Construction Company, Incorporated $ .1415 $ .1430 $ .2470 Virginia Asphalt Paring Company, Incorporated .149 .1440 .2975 John A. tlall ~ Company. Incorporated .15 .149 .30 Mr. Pollard moved that the bids be referred to a committee to be appointei by the Mayor for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the losest responsible bidder. The motion ]~as seconded by Mr. Garland and unanimously adopted. Mayor Stoller appointed Messrs. ~alter L. Young, Chairman, Arthur S. Owens H. Cletus Broyles and Bueford B. Thompson as members of the committee. WATER DEPARTMENT: Pursuant to notice of advertisement for bids on supply- lng one heavy duty utility tractor, equipped aith backhoe, loader and cab to the Mater Department, said proposals to be received by the City Clerk until 1:~0 p.m., 357 358 Monday, April 29, 1963. and to be opened at 2:00 p.m., before Council, Mayor Stoller oshed if there mas anyone present mho did not fully understand the advertisement, If there mas anyone present mbo hud bees denied the privilege of bidding, or if there mere any questions about the advertisement anyone mould like to ask, and no represen- tative present raising any question, the Mayor instructed the City Clerk to proceed mlth the opening of the bids; whereupon, the City Clerk opened and read the follouln bfds: Bidder Baker Brothers. Incorporated $ 5,994.00 Shackelford-Cox Truck and Machinery Company 6,000.00 Capital Equipment Company, Incorporated 6,326.63 Rlsh Equipment Company 6,900.00 6,?00.00 (Alternate) Mcllhaney Equipment Company, Incorporated 8,BO0.O0 Mr. Young moved that the bids be referred to a committee to be appointed by the Mayor for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. The motion was seconded by Mr. Mheeler and unanimously adopted. Mayor Stoller appointed Messrs. Roy R. Pollard, Sr., Chairman, Arthur S. 10~ens, Raymond E. ~illo~ and Bueford B. Thompson as members of the committee. pARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids on n h supply(n9 one electrically-operated telescopic crane (truck-mom ted type) to t e Department of Parks and Recreation, said proposals to be received by the City Clerk until 130 p.m., Monday. April 29, 1963. and to be opened at 2:00 p.m., before Council. Mayor Stoller asked if there was anyone present who did not fully understan Incorporated $ 5,096.00 (Hydraulic) LICENSES: Mr. A. I~. Gilbert. Deputy Commissioner of the Revenue, appeare( ,I prohibited at the present time under the City Code mhlcb creates much confusion and unlimited difficult! for the Office of the Commissioner of the Revenne since the Division of Motor Vehicles permits such transfer of state automobile licenses. After a discussion of the matter, Mr. Young questionlug the loss of reven~ under the proposed change and Mr. Gilbert voicing the opinion that there ere not enough transfers of this type to affect the revenues of the city to any extent, Mr. Garland m~ ed that Council concur in the request and that the matter be referre~ to the City Attorney for preparation of the proper measure. The motion mas seconded by Mr. Young and adopted, Mr. Dillard voting no. ASSESSMENT OF PROPERTY: Mr. Jo Edward Rnuntrey, President, Tobin-Rountrey Incorporated, Tax Consultants, appeared before Council, at the Invitation of Mayor Similar, and verbally outlined a proposed system for equalization Of the real estate tax base in the City of Roanoke, Mr. Rountrey estimating that the cost of initiating such a program would be approximately $200,000 with an annual cost of $40,000 to $50,000 once the program has been started and stating that he would like to make a study of the present system in Roanohe, at his o~n expense, with a view of improving said system, which study could be completed within from thirty to sixty days. After a discussion of the matter, Mr. Garland moved that Mr. Ronntrey be requested to put his proposal for makin9 a study at his osn expense into ~riting, that Coancll concur in the proposal and that the matter be referred to the City Attorney for preparation of the proper measure. The motion ~as seconded by Ur. Youn and adopted, Mr. Dillard voting no because he is of the opinion the present system is adequate and Mr. Wheeler voting no because he is of the opinion Mr. Rountrey will propose changes in the present system ~hich the city does not have money to carry mu1 pETITIONS AND COMMUNICATIONS: REFUNDS AND REBATES-LICENSES: A communication from Mr. Thomas C. Scordas, advising that he obtained a retail merchants license and motel license for operation question. 359 360 n trnde-ln end recommended that $2,500 be appropriated to Replacement Reserve under "Non-Operating Expenses' of the 1963 Sesame Treatment bodget to provide for the purchase of a nam 3/4-ton pickup truck to replace the old truck, Hr. Young moved that Council concur Jn the recomuecdation of the City #seamer and offered the following emergency Ordinance: (~1520S) AN OROINA~CE to amend and reordain "Non-Operating Expenses' of the 1963 Sewage Treatment Fund Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, See Ordinance Book No. 26, page 208.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Pollard and adopted by the f,Il,ming vote: AYES: Messrs. Garland, Pollard, Mheeler, Youn9 and Mayor St*ilar ......5. NAYS: Hr. Dillard .....................................................1, (Mr, Jones absent) BUDGET-pARKS AND PLAYGROUNDS-GARBACE REMOVAL: Council having authorized the employment of the firm of Embank. Caldwell and Associates, Architects and Engineers, to prepare plans and specifications for the repair and modernization of the incinerator and to supervise the repair and modernization thereof if a bid for the performance og such work is accepted at a fee in accordance with the rates pro- vided by the American Institute of Architects, the City Manager submitted a sritten report, estimating that the fee will be $15.000, an~ recommended that Council appropriate this amount. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance transferring $3.723.02 from Section ~167, #Contingencies.* and appropriating $ll,27b. lB to Incinerator under Section ~lTO. *Capital.* of the 1963 budget: (~15206) AN ORDINANCE to amend and reordain Section ~167, #Contingencies and Section ~170, 'Captial,~ of the 1963 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 200.) Rr. Dillard moved the adoption of the Ordinance. The motion sas seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Pollard, Wheeler. Young and gayor St,liar .................................. 6. NAYS: None ...................O. (Mr. Jones absent) WATER DEPARTMENT: Council having previousl! adopted a Resolution reqnesting the Council of the Town of Salem to issue a permit to the City of Roanoke to install a 16-inch water main in that portion of Hemlock Road lying within the limits of said Tosu and to tie the same to the City*s existing 12-inch main in Shenandoah Avenue (Boulevard) in order to complete that portion of the City's system known as the Delray System presently under construction, the City Manager submitted a written report, advising that the Council of the Town of Salem. by proper 361 Resolution, bas agreed to permit the construction by the City of its 16-inch water main in Hemlock Road provided au agreement be entered lain protecting the rights of the Town of Salem and that attorneys for Roanoke end Salem have tentatively agreed upon ibm lerms and provisions to be contained in such an agreement, the City Manager recouwending that an Ordinance be adopted authorizing the execution or the agreement, the terms of the agreement being set out in the proposed Ordinance. After a discussion of the Batter. Mr. Young stating that he is still of the opinion that the 16-inch water main should be located within the corporate limits in order that additional customers ia the city can eventually be served from said line without necessitating the construction of an additional line, Hr. Dillard moved that action on the matter be deferred until the next regular meeting Of Council. Tht motion was seconded by Mr. Wheeler and unanimously adopted. FIRE DEPARTMENT: Council having under date of October Io 1962, by Resolu- tion No. 14963, accepted the bid of area Roanoke Corporation for the furnishing of one new standard commercial truck chassis with conventional cab. equipped with new 750 GPM triple combination fire pumper and body, in the amount Of $15,692.2g. the Clty Manager submitted a written report, transmitting a communication from the Oran Roanoke Lorporation, advising that a delay in delivery of this truck ~as entirely du~ to a factor beyond the control of the corporation and it did not receive the chassis until January 11, 1963, whereas, it should have completed the truck based on its commitment On January 3. 1963, sai~ ~elny having been incurred by special equipment on the brahing system, and requesting that it not be required to pay a penalty of $420°00 for failure to deliver the fire truck to the city on time, the City Manager calling attention to the fact that penalty clauses are actually a part of a bid and unless extenuating circumstances avail it is not generally customary to abate such a charge. After a discussion of the matter. Mr. Pollard moved that Council grant the request nf the Oreo Roaneke Corporation that the corporation not be required to pay a penalty of $420 for failure to deliver the fire truck on time and that the matter project: "April 24. 1963 362 raising project.' As a result of this appearance, yon directed me to render a mrittea oploion as to uhether Sections 65 and 78 of The License Tax Code of the City of Roanoke. 1956, applied to ri.spt.fit organiaatlons. Section 85 applies to retain merchants. Most briefly, it provides that tall merchants aha sell at retail * * shall he deemed to he retail merchants * (and) shall pay a license lax or · , . $s$.oo. Plus Ss cents on each $100.00 of the gross sales made in such business · ·** I do not thiGh that it is necessary to comment further on the eight paragraphs contained in the sec- tion to arrive at a proper opinion on the question asked. In Section I of said License Tax Code. 'merchant* is defined as follows: · The term 'merchant' shall mean all persons, firms. corporations or associations whose business, or any part of it, consists of buying, 9r 9th~rwts~ acouirifl~, and selling, leasing or otherwise disposing oft goods. wares, merchandise, commodities, supplies, machinery, equipment or any other article of personal property. Section 4 of said License Tax Code reads, in its entirety, as follows: "It is hereby declared to be the intent of this chapter that, in order to distribute the tax burden of the city, all businesses, trades, professions, pursuits, vocations and callings located or conducted in the city, and the persons, firms, associations and corporations engaged therein and the agents thereof. except in cases where taxation by the localities shall be prohibited by the general law Of the state, are hereby made subject to a license tax under this chapter. · When any person shall, by use of signs, circulars, cards or city newspapers, or radio or television broad- casts, advertise any business, it shall be considered prima facie evidence of his liability under this chapter, and he shall be required to take out a license for such business.* NO one would seriously contend that taxation by the localities such instances is prohibited by the general law of the State. Article ? of Chapter 7 of Title 58 (2 § 5§-320, et'seq.) of the 1950 code of Virginia, as amended, imposes and provides for the collection of the StateOs license tax on retail merchants. The general tenor of the article Has, on July 2, 1953, and is presently similar to our license tax provisions on the subject, In 1953, the Commonwealth's Attorney for Clarke County addressed a letter to the Attorney General of Virginia, reading as follows: · Please be kind enough to advise the undersigned whether or not the Senior Woman*s Club of Clarke County, an affiliate of the National koman's Club organization, which desires to operate a store for the purpose of selling second hand clothes and miscellaneous articles of bric-a-brac and furniture, some of which are given to them and some of which they are handling on a com- mission basis, is required to secure a license under the tax laws of the state. 'l am advised that the organization is a non- profit one and the profit obtained from carrying on a store Hill be used for philanthropic purposes.* The Honorable J. Lindsay Almond, the then Attorney General, answered that letter as of the last-mentioned date as follows: 'In vieH of the pr..visions of § 5§-320 of the Code of Virginia it is my opinion that should the Senior ~oman*s Club of Clarke County engage in the business of selling merchandise they would be liable for a retail merchant*s license. The statute mahes no exception for non-profit organizations, nor does it exclude those aha conduct b~sinessfor philan- thropic purposes** The Ordinance of the City of Roanoke makes no exception for non- profit organizations nor does it exclude those who conduct a business for philanthropic purposes. Accordingly, for reasons hereinabove stated, especially the definition of *merchant*, above*quoted, and ,! the declaration of latent set forth in Section 4, supra, our ordinance is subject to a similar Interpretation as that applied to the corresponding State statute. In view of the conclusion reached above with reference to the applicability of Section tiS. in the premises, it seems to me un- necessary to discuss Section 78 of said License Tax Code; except possibly to say that that section is harsher in its provisions and its purpose apparently isnot to encourage ''itinerant vendors and itinerant auctioneers'' to do business in the City. Respectfully submitted, S/:Man Go Ihittle City Attorney' After a discussion of the matter, some of the members of Council express- ing the opinion that the body'should adopt the proper measure permitting such organizations as church groups and social groups to conduct temporary sales. Mr. Young moved that the matter be referred back to the City Attorney for the parpos~ of ascertaining ~hat other cities of comparable size in the State of Virginia are doing with regard to permitting non-profit organizations to conduct rummage sales and to submit his report and recommendation to Council. lam motion was seconded by Rt. Dillard and unanimously adopted. STREETS AND ALLEYS: Council having referred the request of American Motor Inns, Incorporated, that a certain alley known as Camp's Alley, lying between the northerly side of McDo~eil Avenue and the southerly side of Orange Avenue, N. E.. be vacated, discontinued and closed, to the City Planning Commission for study, report and recommendation, the City Planning Commission submitted a written report, advisin, t at after a thorough investigation of the prevailing conditions, pertinent maps and development model of the area, the Planning Commission concluded that there is no evident need for retaining the alley in the present municipal street system, therefol'e. it is the recommendation of the Commission that the alley be yacated, discontinued and closed as requested, provided necessary easements for public utilities, where they exist, can be retained. Rt. Young moved that a public bearin9 on the matter be held at 2:00 p.m., Ray 27. 1963. The motion ~as seconded by Mr. Dillard and unanimously adopted. STREETS AND ALLEYS: Council having previously referred a request of the Magic City Motor Corporation that Fifth Street, N. E., between the northerly side of Gregory Avenue and the northerly side of McDowell Avenue, be vacated, discontinue, and closed, to the City Planning Commission for study, report and recommendation, the City Planning Commission submitted the following report: "April 19. 1963 The Honorable Murray A. ~toller, Mayor. and Members of CltF Council Roanoke, Virginia Gentlemen: In its April 17, 1963 meeting the City Planning Commission considered 363 ~64 area. Ye mere. Informed by the traffic engineer, ar. J. D. Sink, and the director or the Roanoke Redevelopment and Housing Authority, Hr. Henley, that they do not see any need for retaining this street. Mr. Sensbacb of the City Planning Department indicated that it would be possible to open up the land for future development in such a may that Firth Street could be eliminated at this time. A general development plan available in the city Planning Depart= meat indicates that the desirable future land use east of Hllliamo son Road should be for light industry, uarehousing and shipping facilities. H~sed on this information, the City Planning Commission concluded that there is no evident need for this section of Fifth Street between Gregory Avenue and RcHowell Avenue and. therefore, recom- mends to City Council that it be vacated, discontinued and closed; retaining necessary easements for public utilities. Respectfully submitted. Acting Chairman" After a discussion of the matter, Mr. Young stating that he does not think conveying all of the easements to the City of Roanoke Redevelopment and Rousing Authority and then hating the Housing Authority dedicate those easements needed to the city is the proper procedure, but that since there is some question as to the number of votes required for conveyance of land by the city he will vote for the ~measure. offered the following Ordinance for its second reading and final adoption: (~15203) AN ORDINANCE providing for the conveyance of certain property owned by the City of Roanoke, located in the Commonwealth Redevelopment Project area in the Northeast Section Of the City of Roanoke, Virginia, to the City of Roanoke Redevelopment and Housing Authority, for a consideration of the proportionate part :! of the $14tD?l.O0 credited upon the obligation of the City of Roanoke in making of grants-in-aid to CommonwealthRedevelopment Project, end providing further for the conveyance by the City of Roanoke to the City of Roanoke Redevelopment and Housing Authority of the right, title and interest of the City of Roanoke in and to for municipal purposes [or sanitary sewers, storm drains and water lines owned by said City lying within the Commonwealth Redevelopment Project area, and authorizing the execution and delivery of a deed therefor. (For full text of Ordinance, see Ordinance Hook Ro. 26, page 205.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, Wheeler, Young and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Jones absent) In this co,auction, after a discussion with Mr. Tom Stockton Fox, Attorney, representing the City of Roanoke Redevelopment and Housing Authority, Mr. Mheeler moved that the City Attorney be instructed to prepare the proper measure conveying to the Redevelopment and Housing Authority eighteen of the parcels of land set out in Ordinance No. 13575. The motion was seconded by Hr. Garland and unanimously adopted. CITIZENS' COMMITTEE-ROANOKE VALLEY: Council having directed the City Attorney to prepare the proper measure commending the Roanoke Valley Governmental Unit Subcommittee for its report dealing with the proposed consolidation of the four local governmental units in Roanoke Valley, and, also, the Citizens* Committee for Greater Roanoke for studying and approving said report, he presented same; ~hereupon Mr. Young offered the follo~lng Resolution: (~15207) A RESOLUTXOR commending the Roanoke Valley Governmental Unit Subcommittee for its well-executed report, entitled 'Toward Unity in the Roanoke Valley** and, also, the Citizens Committee for Greater Roanoke for studying and approving said report. (For full text of Resolution, see Resolution Book ~o. 2b, page 209.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, Wheeler, Young and Mayor Smaller ................................. 6. RAYS: Rome ...................O. (Mr. Jones absent) REFUNDS AND REBATES-LICENSES: Council having directed the City Attorney tc prepare the proper measure authorizing a refund of $10 to Mr. C. D. Johnston for a 1963 city automobile license tag purchased in error, he presented same; whereupon, Mr. Pollard offered the follo~ing Resolution: (m15206) A RESOLUTION,directing that a refund of $10.00 be made unto C. D. Johnston, the amount he paid in error for a 1963 City automobile license tag. (For full text of Resolution, see Resolution Book Ro. 26, page 209.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: '365 :366 AYES: Messrs. Pollard, #heeler, Young and Mayor St,lief ........4. NAYS: Messrs, Dillard and Garland .............................. 2. (Mr, Jones absent) · REFUNDS AND RRBATES-LIC£NSES: Council having directed the City Attorney to prepare the proper measure authorizing a refund of $10 to Mrs. Blanche C. Couk for a 1963 city automobile license tag purchased in error, he presented same; whereupon, Mr. Mheeler offered the following Resolution: (m152ov) A RESOLUTION directing that a refund of $10.00 be msde unto MFS. Blanche C. C,sku the amount she paid for a 1963 City automobile license tag. (For full text of Resolution. see Resolution Book No. 26, page 210.) Mr. Wheeler moved the adoption of the Resolution. The motion was sec,nde by Mr. Pollard and adopted by the following vote: AYES: Messrs. Pollard. Rheeler, Young and Mayor St.lieF ............4. NAYS: Messrs. Dillard and Garland ..................................2. (Mr. Jones absent) WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure expressing the judgment of the body that the water supply from Carvins Cove is thoroughly fit for human consumption, he presented same; whereupon, Mr. Young offered the following Resolution: (m15210) A RESOLUTION expressing the judgment of this Council that the Ctty*s water supply from Carvins Cove is thoroughly fit for human consumption. (For full text of Resolution* see Resolution Book No. 26. page 210.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Ressrs. Garland, Pollard, Wheeler. Young and Mayor St,lint ...... 5. NAYS: Mr. Dillard ..................................................... 1, (Mr. Jones absent) AIRPORT: Council having directed the City Attorney to prepare the proper measure directing the City Manager to apply for a federal grant from the Housing and Home Finance Agency to be used for comprehensive planning of present and future airport requirements Of the City of Roanoke, he presented same; whereupon, Mr. Wheeler offered the following Resolution: (miS211) A RESOLUTION.directing the City Manager to apply for a federal grant from the Housing and Home Finance Agency to be used for comprehensive planning of present and future Airport requirements of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 26, page 211.) Mr. Wheeler moved the adoption of the Resolution. Yhe motion was seconde~ by Mr. Pollard and adopted by the following vote, Mr. Dillard protesting that he doe! not know how much such planning will cost the city: AYES: Messrs. Garland, Pollard, Wheeler, Young and Mayor St,Ilar ......5. NAYS: Mr. Dillard .....................................................1. (Mr. Jones absent) MOTIONS AND MISCELLANEOUS BUSINESS: HEALTH DEPARTMENT-TRAILERS: Mr. Lawrence R. N,ell appeared before Counci and complained Of abusive and threatening language allegedly used by a city official In a telephone call to him as a result of bis complaint regarding the placing of a house trailer et Nineteenth Street~aod Kenwood Boulevard, S. E. On motion of Mtn Dillard, seconded by Mtn Pollard and unanimously adopted, the matter mas referred to the City Manager for handling. In this connection, Mr. Young pointed out that in an effort to prohibit house trailers in residential areas Council amended the Building Code to provide that no residential building shall be constructed or altered ia any manner so as to contain less than 700 square feet la area and that he has ascertained that construction on small houses of less than ?00 square feet bas been halted in several subdivisions in the city since the Ordinance amending the Building Code mas adopted, MFo Young voicing the opinion that families mith limited incomes should not be deprived of having homes less than 700 square feet in area. After a discussion of the matter, the City Attorney voicing the opinion that trailers can be prohibited in residential areas under present regulations mitho the amendment to the Building Code. Mr. Wheeler moved that the City Attorney be directed to prepare the proper measure repealing Ordinance No. 15195 ~hich amended the Building Code. The motion was seconded by Mr. Dillard and unanimously adopted. ANNEXATION: Mr. Pollard raised the question as to the status of a peti- tion by Edgehill residents that the area be annexed to the city. Mr. Pollard Has informed that the matter is still in the courts. Xfl this connection, Mayor Stoiler relinquished the Chair and moved that the City Manager be instructed to ascertain under ~hat arrangement children living in the Edgehill section are permitted to attend city schools. The motion was seconded by Mr. Dillard and unanimously adopted. SE~ERS AND STORM BRAINS: Mayor Stoller called attention to announced plans of Roanoke County to begin a sewage construction program in the amount of $2,500.000 and expressed concern as to Mhether or not interceptor lines in the city serving the county*s conneotion to the city system can accept this expansion. Mr. Wheeler offered the folloBing Resolution expressing the policy of Council relative to the treatment of domestic and commercial wastes from sewer lines in Roanoke County: (~15212) A RESOLUTION expressing the policy Of this Council relative to the treatment of domestic and commercial wastes from se~er lines in Roanoke County. (For full text of Resolution, see Resolution Book No. 26, page 212.) Mr. Rheeler moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, hheeler, Young and Mayor Stoller ....................................... 6. NAYS: None .........................On (Mr. Jones absent) 367 '368 PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council at its meeting on January 14, ig53, having .fixed the tentative dote for closing the Mnshiogton Park Dump us Jnne 1, 1953, Mr. Mheeler offered the following Resolution: (m15213) A RESOLUTION concerning the closing date of Masklngton Park Bump. (For full text of Resolution, see Resolotion Book No. 25, page 212.) Mr. Rkeeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the folloming vote: AVES: Messrs. Dillard, Garlund, Pollard, Wheeler. Young and Mayor Stoller ................................... 5. NAYS: None .....................O. (Mr. Jones absent) Mr. Wheeler then offered the following emergency Ordinance appropriating ST,O00 for the extensioq of the existing storm drain in Washington Park: (#15214) AN ORDINANCE to amend and reordain Section Zl4l. 'Sewer and Drain Construction,' of the 1953 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 213.) Mr. Wheeler moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Young and adapted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, Wheeler, Young and Mayor Stoller ................................... 6. NAYS: None .....................O. (Mt. Jones absent) On motion of Mr. Dillard, seconded by Rr. Garlan~ aha unanimously adopted~ the meeting was adjourned. APPROVED ATTEST: COUNCIL, REGULAR ME£TING Monday, May 6, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Municipal Building, Monday, May 6, 1963, at 7:30 p.m** with Mayor St*liar presiding. PRESENT: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor St*lieF .............................. ABSKNT: None .................... OFFICERS PRESENT: Mr. Arthur KJncanon, Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. Mark B. GrieF, Pastor. Associate Reformed Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting bald on Monday, April 29, 1953, having been furnished each member of Council, on motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC M~TTERS: ZONING: Council having continued until 7:30 p.m.. May 6, 1963, a public hearing on the request of Mrs. Kathryn L. Stokes that property located on the northwest corner Of Urandon Avenue and Marrington Road, S. M** described as Lots 1-6, inclusive, Block 1, McRae Map, designated as Official Tax Nos. 124110B= 1241112, inclusive, be Fez*ned from General Residence District to Special Residence District, the matter was again before' the body. In this connection, Mr. Richard T. Edwards, Attorney, representiu9 Mrs. Stokes, appeared before Council, advising that if the property is Fez*ned his client plans to construct a ten-unit apartment building on Lots 1, 2 and 3, that more than ample off-street parking facilities are available for the proposed new structure, and that the area will be landscaped so that there will be nothing offensive from any view in the neighborhood. Mrs. Stokes presented communications from Br. C. F. Monnte and Mr. J. R. $isler, withdrawing previous objections to the proposed rezoniogl also, communica- tions from Mr. Fred Kunc and Mr. and Mrs. George E. Bartman, owners of property in the vicinity, advising that they have no objections to the apartment building as planned. Ia a further discussion of the matter, Mr. Edwards pointed out that if the property is not rezoned his client plans to construct duplex houses on Lots 1, 2 and 3; that since there are no immediate plans for additional construction on Lots 4. 5 and 6 it is not necessary that these lots be rezouedo A delegation of approximately 30 citizens appeared in opposition to the proposed rezoning, with Mr. J. L. Hartman, Jr., Hr. Hugh A. Moulse and Mrs. Virginia G. Raikes speaking in their behalf, the citizens protesting that an :369 370 apartment bulldihg would decrease the value of surrounding residential property, create · traffic hazard end would he objectionable, but stating that they have no objection to duplex residences being constructed on the property. The matter having been discussed at length and everyone present having been given an opportunity to be heard. Rr~ Garland moved that the request for rezoniug be denied, The motion was seconded by Hr. Rheeler and unanimously adopted, ZOMING: Council baring previously set a public hearing for 7=30 pfme. Hay 6, 1963, on the request of Mr, Ralph A. Glasgow that property located on the southeast corner of Chapman Avenue and Thirteenth Street, S, M,. described as the northern part of Lots 7 and O, Block 31, F, Rorer Map, Official Tax Mo, 1220301, be rezoned iron Special Residence District to Business District, the matter was before the body, In this connection, Mr. Glasgow, Attorney, appeared before Council and asked that Council concur in the reco=mendation of the City Planning Commission that the request for rescuing be granted, Mr, Milliam A. Martin, n member of the Board of Stewards of the Rest End Methodist Church, appeared before Council and advised that the Church is opposed to the proposed rezoning. After a discussion of the matter, everyone present having been given au opportunity to be heardt Mr. Jones moved that in view of the fact that Mr. Glasgow has no specific plans for developing the property for business purposes at the present time the request for rezonin9 be denied. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Council having previously set a public hearing for 7:30 pom., May b, 1963, on the requests of Expert Publications, Incorporated, Mr. H. A. Prillaman and Mr. John H. Pence. Jr,, that property located on the west side of Thirteenth Street, S. N.., between Campbell Avenue and Chapman Avenue, described as part of Lot I and all of Lots 9, 10 and 11, Block 16, West End and Rivervlew, Official Tax Nos, 1220209 and 1220217, be resound from Special Residence District to Business District, and on the recommendation of the City Planning Commission that property located on the southwest corner of Thirteenth Street and Chapman Avenue, S. #,, described as part of Lot 1, Block 16, West End and Rlverview,' Official Tax No. 1220208, also be rez~ned from Special Residence District to Business District, the matter was before the body. In this cunnection, Mr. Robert S. Guerrant, Attorney. appeared'before Council and asked that the above properties be rezoned as requested and recommended by the City Plannin9 Commission. No one appearing in opposition to the proposed rezoning, Mr. Nh.diet moved that Council concur in the requests for rezoning and the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (m15215) AN ORDINANCK.to amend and reenact Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning, RHEREAS,.appllcntlon has been made to ~he Council of the City of Roanoke to have property located un the.mest side of Thirteenth Street, S, R., between Campbell Avenue and Chapman Avenue, described as part of Lot I and all o! Lots 90 10 end 11, Block 16, Rest End end Riverviem, Official Tax Nos. 1220209 end 1220217, rezoned fram Special Residence District to Business District; and RHEREAS, the City Planning Commission has recommended that the herelnabove described land be rezoned from Speciai Residence District to Business District, and that property located on the southwest corner of Thirteenth Street and Chapman Avenue, S, R., described as part of Lot 1, Block 16, Rest End and Rlvervlew, Official Tax No, 1220200, also be rezuned from Special Residence District to Bnsines$ District; and ~HERFAS, notice required by Title XY, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in '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 6th day of May, 1963, at 7:30 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 rezoning; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, fie IT ORDAINED by the Council of the City of Roanoke that Titl XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located on the west side of Thirteenth Street, S. W., between Campbell Avenue and Chapman Avenue, described as parts of Lot I and all of Lots lO and 11, Block 16, West End and Rtverview, designated un Sheet 122 of.the Zoning Map as Official Tax Nos. 1220208, 1220209and 1220217, be, and is hereby, Changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Ur. Jones and adopted by the following vote: AYES: Messra, Dillard, Garland, Jones, Pollardo. Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ................... ZONING: Council having previously set a public hearing for 7:30 p.m., May 6, 1963, on the request of Mr. Fred T. Ueikel, et ai.o that most of the block between Shenandoah Avenue and Signal Hill Avenue, N. #o, and tucker* Street and Juniper Street, be rezoned from General Residence District to Business District, the matter mas before the body. 371. 3,7 2 · In this connection, Mr. I, ¢ouriney Kinge Jr** Aktorney, representing the petitioners, appeared before Council, advising that Kro Melkel plans to construct and operate a restaurant on Lots 5, 6, 7, 15, 16 and 170 Block 1, Signal Hill, with a curving driveway approaching said site from Lot 9, that the restaurant will be operated between the hours of 6 u.s. and ? p.w. Honduys through Fridays, iron 6 to 3 poW, on Saturdays and closed on Sundays, #r, King presenting petitions signed by 116 residents of the area in favor of the request for rezoning, Mr, Alex ~. Apostoloo appeared before CoontJl and presented petitions signed by. llH residents of the area, objecting to the request foe rezoning on the grounds that a restaurant in the neighborhood will deteriorate the value of resi- dential properties, will create, a traffic hazard for school children using Juniper Street to attend Fairview School, and that the presence of a restaurant with an ABC license in this area will further complicate the already acute problem of exposing the children of that community to alcoholic beverages. Mr. O, Me Jenkins, owner of Lot 14, Block 1, Signal Hill, pointed out that if the request for rezonin9 is granted his property would be the only lot in the eastern half of the block not zoned for business and that he does not wish to rear his two children in such an environment. .Mr. phil R. Bylton. President of the West Kilmont Farms Civic League, appeared before Council, advising that members of the Civic League have signed the petitions objecting to the proposed rezonin9 in sympathy with residents living in the immediate area vf the proposed restaurant site. A delegation of approximately fifteen citizens appeared in opposition to the proposed rezoning. Mrs. Calvin R. Hodges and Mr. William BardJe appeared in favor of the . request for rezoning, The City. Clerk brought to the attention of Council the following report of the City Planning Commission: "March 26, 1963 The Honorable Murray A. Stoller, Mayor, and Members of City Council Roanoke, Virginia The City Planning Commission considered the above rezoning request in its March 20. 1963 meeting. Mr. M. Courtney King, attorney for the petitioner, stated that his client is contemplating the con- structlon of a restaurant on the premises. Commission members noted during site inspection that several parcels have already' been cleared fordevelopment and that most of the tree growth has been removed. Opposition to this development was voiced by property owners from the surrounding neighborhood. They objected to the proposed rezoning for business property and the encroachment of inimical land uses upon homes and residential streets. A petition with 180 signatures was received opposing the contemplated development and business rezoning. In its consideration of this case, the Planning Commission took' into account the fact that land to the north and east of this property Is presently zoned and developed for light industry and ,! *hut most of the block betmeen Shenandoah.Avenue and Signal Hill Avenue is presently vacant, However, homes ore located south of Signal Hlll.Avenne which requires prolectlon from encroachment of incompatible uses, It appears that the proposed development is contemplated without consideration of existing residential land use, No effort hms been made to allow for a protective strip of tree drouth between residential and proposed business zone, The removal of the protective buffer strip of trees .appears as u threat to existing homes, TheClty Planning Commission therefore concluded that the pro- posed development would be detrimental to and incompatible with adjacent residential properties, The Planning ~onmlssion there- fore recommends to City Council to decline this rezoning Respectfully submitted, S/ ~erner £. Sensbach for Harold M, Hill, Chairman' Everyone present having been given an opportunity to be heard on the matter, Hr. Pollard moved that the request for rezoning be denied. Mayor Stoller relinquished the Chair to second the motion which was adopted by the following vote: AYES: RessFs. Dillard, Jones, Pollard, Stoller, Nheeler and Young ...... NAYS: Vice Mayor Garland ............................................... 1. ZONING: Council having previously set a public hearing for ?:30 p.m., May 6, 1963, on the request of the Texanna Bryant Heirs that property located at 3108 Franhlin.Road, S. W., designated as Official Tax No. 1300402, be rezOned from General Residence District to Business District, the matter was before the body. In this connection, Mr. Earl A. Fitzpatrick, Attorney, representing the petitioners, appeared before Council and asked that Council concur in a previous recummendatiun of the City Planning Commission that the request for rezuning be granted. Mr. Wheeler moved that Council concur ia the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~15216) A~ OROI~ANGE to amend and reeaact Title IV. Chapter 4, Section 1 of ~he Cude of the City of Roanoke, 1956. in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a 1.486 acre tract situate on the southeast side of Franklin Road. South West, known as 3108 Franklin Road, South West, Official Survey No. 1300402, rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the hereinafte 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, 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 6th day of May 1963, at ?:30 p.m.. before the Gonncil of the City of Roanoke, at which hearin9 all parties in interest and citizens were given an opportunity to be heard both for and against the proposed rezonlng; and 373 374 MDEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter describ~d land should be rezoned. THEREFORE, BE IT ORDAINED by the Council o~ 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 ln~the following particular and no Other, viz.: Property located at 3108 Franklin Road, South Rest, Roanoke, Virginia, described as a 1.486 acre tract situate on the southeast side of Franklin Road, South Hast, designated on Sheet 130 of the Zoning Hap as Official Tax No. 1300402, be, and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Hessrs. Dillard, Garland, Jones, PollaFd, RheeleF, Young and Mayor Stoller ........................... 7. NAYS: None ................... Oo STREETS AND ALLEYS: Council having previously set a public hearing for 7:30 p.m., May 6, 1963, on the request of Mrs. Blanche L. Bowman, et al** that Averett Street, N. M** between ~illiamson Road and Round Mill Avenue, be vacated, discontinued and closed, and a recommendation Of the City Planning Commission that Averett Street, N. W., between Round Hill Avenue and Hillcrest Avenue, and a small portion of Round Hill Avenue also be vacated, discontinued and closed, the matter was before the body. In this cgnnection,.tbe following report of the City Planning Commission was brought to the attention of Council: *March 22, 1963 The Honorable Murray A. Stoller, Mayor. and Members of City Council Roanoke, Virginia Gentlemen: On December 13, 1962 the City Planning Commission received a request from City Council to study the feasibility of closing Averett Street, N. H** between Mllliamson Road and Round Hill Avenue. Since that time the City Planning Commission'has studied this matter continually and can now report to Council as follows: Our investigation shows that there is no need to retain Averett Street as part of the city*s street system between Htlliamson Road and Hillcrest Avenue. However, in order to accomplish the street closing, a redesign of the remainder of the area was necessary. Negotiations conducted between Messrs. Sam and Muffet, Bowman, Mr. Earl Fitzpatrick and the City Planning Department produced a redesign of the area as shown on the attached Area Studies Map. The main features of this new pro- posal are the connection of Meadows 5tree, and Round Mill Avenue and the creation of a public playground of approximately 2 acres located between Meadows Street and Hillcrest Avenue. The City Planning Commission therefore recommends to City Council that the following items be accepted: 1o Closing of Averett Street, N. N., between ~illiamson Road and Hillcrest Avenue. Z. Acceptance of approximately 330 feet length of right-of-way, SO feet wide across the Bowman property to serve asa connecting link between Round Hill Avenue and Meadows Street. 3. Construction Of a h~rd surface street on same right-of way, to be completed within 18 months. ,! : U I 4, The provision of water amd sewer facilities along same street, The acceptance of the dedication of approximately 2 acres of land to serve as a neighborhood park and playground as out- lined on attached sketchpJao, 6, The development of this land area as a playground ns soon as possible, providing playground apparatus, toilet facilities and storage, shelter and n 40 x 70 hard surface multipurpose play court, 7. Designation of this playground as 'Bowman Park** The extension of Headows Street in regard to street name and house numbering across the Bowman property in a northerly direction to the intersection with Lyndhnrst Arena,. 9. The preparation of the appropriate deeds and ordinances. 10, The retention of necessary easements for public utilities. Respectfully submitted. S/Werner ~. Sensbach for Harold M. Hill Chairman' Council having appointed viewers to consider the original request that Averett Street. N. W., between Milliamson Road and Round Bill Avenue, be vacated, discontinued and closed, and the flew. rs haying submitted their report, advising that they are unanimously of the opinion that no inconvenience will result either to the public or to any Individual from the vacating, discontinuing and closing of the one block, and Council having referred the matter back to the viewers for further report on vacating, discontinuing and closing that portion of Aver.at Streel N. M., between Round Bill Avenue and Billcrest Avenue, th~ viewers submitted their report, advising that they have viewed this additional block, as sell as a small portion of Round Hill Avenue. and that they are unanimously of the opinion no inconvenience will result either to the public or to any individual from the vacating, discontinuing and closing of same. Mr. Earl A. FitzpatricR, Attorney, representing the petitioners, appeared before Council and presented a petition signed by 21g citizens advising that they are in favor of the recommendation of the City Planning Commission for the estab- lishment of Bo~man Park, Mr. Raymund P. Barnes, Attorney, representing property owners in the area appeared before Council and presented a petition signed by 53 citizens, objecting to the establishing of Bowman Park on the gronnds that it will invite some persons whuse character and action will reflect un the atmosphere of the neighborhood which has always been a quiet, respectable one and will depreciate the value of their residential properties. In a discussion of the matter. Mr. Barnes. a local historian, stated that he is certain that an old cemetery lies in the undeveIoped street and the land proposed to be used as a park. Supporting this rStatement ~ere Messrs. G. O. Givens, Jr., B. Fo Sink, C. S. Caldwell. Paul N. Caldwell. Jesse A. Pedigo and Mrs. J. W. Huns,y. these citizens stating that they recall seeing tombstones in the area some years ago. Mr. Fitzpatrick replied that a search has been made and no record of such a cemetery exists, but that shuuld there be graves in the area hedues not feel they will be desecrated by the establishing of a park un the site. 375 376 · Also appearing in opposition to the.proposed.path were Mr, A. D, Barnhart, Mrs, William A. Dean and #rD Rilliau'A, Snyder, owners of property adjoining the pruposed park. the property u~ners obJect'Jag to the noise ir a parh is established on this site, After a lengthy discussion of the matter, everyone present having been given an opportunity to be heard, Hr. Garland moved that Council concur in the recommendation of tee City Planning Commission and that the following Ordinance be ~lnced upon Its first reading: (=15217) AN ORDINANCE to vacate, discontinue and close Averett Street, North West, between Rllliamson Road and Billcrest Avenue. a distance of BIB. 34 feet. and a small portion of Round BilI Avenue immediately north of Its intersection with AY*vet* Street, as shown on'the map of Bunman Lawn Subdivision in the City of Roan*he. Virginia. dated January 2B. 192B, uf record in the Clerkts Office of the Circuit Court of Woanohe Countl, Virginia, in Plat Boob 2, at Page WHEREAS. Blanche L. Bowman. Sam T. Bowman, Alisa Be Moomaw, George Po Bowman. Richard H. Bowman. Moffatt Ho Bowman and Elinor B. BeLong. all of the land proprietors uf the land fronting un and adjacent to Ay,Fart Street between Rilliamsu Woad and Hillcrest Avenue, have heretofore filed their petition before Council in accordance with law, in which said petition they requested Council tv vacate, dis- continue and close Aver.t* Street between Willlam$on Road and Round Hill Avenne. a distance of 388.34 feet. and in the event said street is vacated, discontinued and closed, the land so dedicated to revert to and become the property Of Blanche L. Bowman, Sam T. Bowman, Alisa B, Mo*maw, George P. Bowman, Richard B. Bowman, Moffatt B. Bowman and Elinor B, BeLong, and to the filing of which said petition due notice was duly posted as required by law; and WHEREAS. in accordance with the prayer of said petition, viewers were appointed by the Council to view the said Ay.ret* Street requested to be vacated. discontinued and closed, and to report whether or not In their opinion any, and if any. what inconvenience would result from the vacation, discontinuance and closin9 of Ay,ret* Street betwebn Wllliamson Rood and Round Hill Avenue; and WHEREAS, the matter of vacating, discontinuing and closing Ay,ret* Street as set forth in the petition was referred to the City Planning Commisiion, which by its report dated March 22, 1963, recommended that Ay,ret* Street between Williamson Road and Round Hill Avenue be vacated, discontinued and closed, and further recom- mended that an additional portion of Averett Street between Round Bill Avenue and Hillcrest Avenue, a distance of 460 feet, and a small portion of Round Hill Avenue immediately north of its intersection with Averett Street, be vacated,' discontinued and closed, in which recommendations the petitioners, who are all of .the land - proprietors of the land fronting on and adjacent to Ay.reit Street between Round Bill Avenue and Billcrest Avenue, concur; and WHEREAS, the Cuuncil,'at its meeting held un April 1, 1963, received the report of the Planning Commission and. tn view of the recommendation of the City Planning Commission that Averett Street. North Rest. be vacated, discontinued and closed between RJlliansvn Road and Hlllcrest Avenue. and that n snail portion of Round Hill Avenue immediately north or its intersection with Averett Street be likewise vacated, discontinued and closed, referred the matter back to the viewers for a further report and set a public hearing for Honday. May 6. 1963. at 7:30 ,*cluck P. H.. or as soon thereafter ns the matter may be heard. Jn the Council Chamber in the Municipal Hullding of the City of Roanoke. Virginia; and RBEREAS. notice required by Title 15. Chapter 4. Section 43. of The Code of the City of Roanoke. 1955. has been published in "The Roanoke Morld-Neus*. a newspaper published in the City of Roanoke. for the tine required bY said sec*Jun; and WHEREAS. the viewers again rimmed the said street and filed an additional report that. in their opinion, no inconvenience would result either to the public or to any individual from the vacating, discontinuing and closing of that portion of Averett Street lling between Round. Dill Avenue and tlillcrest Avenue, a distance of an additional 460 feet, and a small portion of Round Hill Avenue immediately north of its intersection with Averett Street; and WHEREAS, the hearin9 as provided for in said notice was held on the 6th day of May, 1963, at 7:30 otclock P, M., before the Council uf the City uf Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard both for and against the proposed discontinuing, closing and vacatin9 of Averett Street between Williamson Road and Hillcrest Avenue, a distance of 848.34 feet, and a small portion of Round tlill Avenue immediately north of its intersection with Averett Street; and RHEREAS, this Council, after considering the evidence presented, is of the opinion thai Averett Street between Rilliamson Road and HJllcrest Avenue, and a small portion of Round Hill Avenue immediately north of its intersection with Averett Streett should be vacated, discontinued and closed, THEREFORE, RE IT ORDAINED by the Council o£ the City of Roanohe t~at Averett Street, North West, betmeen Rilliamson Road and Hillcrest Avenue, a distance of 048.34 feet, and a triangular part of Round Hill Avenue extending approximately 30 feet on the northerly side of Averett Street and 50 feet on the westerly side of Lot 10, Block 2. of Bowman Lamn Addition, containing approximately 750 square feet, as shown on an Area Studies Map dated March 12, 1963, prepared by and on file in the office of the Roanoke Department of City Planning, be, and the same is, hereby permanently vacated, discontinued and closed, ~nd that all right, title and interest of the City of Roanoke and the public in and to said Arerett Street between ~illiamson Road and Hillcrest Avenue. and a triangular part of Round Hill Avenue extending approximately 30 feet on the northerly side of Averett Street and SO feet on the westerly side of Lot 10, Block 2, of Bowman Lawn AdditiOn, containtn! approximately 750 square feet, as shown on an Area Studies Mapdated March 12, 1953, 37'7 '378 ~repared by and on file in the office of the Ruanoke Department of City Planning, be and they area hereby released insofar'as the Councllis empowered so to doe BE IT FUBTBER ORDAINED that,the City Engineer-be, and he is, hereby directed to mark vacated, discontinued and closed the said Averett,Street between Milliamson Road and Hlllcrest Avenue, a distance of 848,34 feet, and a triangular )art uf Bound Bill Avenue extending approximately 30 feet un the northerly side of Averett Street and SO feet,on the westerly side of Lot IO, Block 2, of Bowman Loan Addition, containing approximately 750 square feet, as shown on an Area Studies Bop dated March 12, 1963, prepared by and on file in the office uf the Roanoke Departmen of City Planning, on all maps and plats on file in the office of the City Engineer of the City of Roanoke, Virginia, on which said maps and plats said street is shown referring to the bookand page of resolutions and ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to,he Clerk of the Bustings Court for the City of Roanoke, Virginia, a copy of this ordinance in order that said Clerk may make proper notation on all maps or plats recorded in his Office upon which are shown said Averett Street herein permanently vacated, discon- tinued and closed. Mayor 5taller relinquished the Chair to second the motion. Mr. Dillard warned Council against the possibility Of a cemetery being located on the site and offered a substitute motion that the matter be referred to the City Attorney for investigation as to whether or not a cemetery lles in the area and the liability of the city if a cemetery is discovered. The ~otion was seconded by Mr. Jones and lost by the following vote: AYES: Messrs. Dillard, Jones and Pollard ............. ~ ................. 3~ NAYS: Messrs. Stoller, hheeler, Young and Vice Mayor Garland ........... 4, The motion of Mr. Garland was then adopted by the following vote, Mr. Young stating that in his opinion only the one block originally requested should be vacated, discontinued and closed: AYES: Messrs. Dillard, Jones, Pollard. Stoller, Wheeler and Vice Mayor Garland ......................................... 6. NAYS: Mr. Young ......................1. Yhe question of accepting the donation Of land from the heirs of Jonas Price Bowman'for the purpose of establishing a park and constructing a connecting link between Round Hill Avenue and Meadows Street, with water and sewer facilities he provided along said street, was discussed, the City Manager estimating that Jt will cost approximately $5,000 to extend the street and install sewer and water lines therein and pointing out that funds are not available for this project at the present time. After a discussion of the matter, Br. Garland moved that the following Ordinance be placed upon its first reading: (n1521B) AN ORDINANCE accepting npproximctely two acres of real estate for park purposes and approximately 0,29 acre for street purposes from the heirs of Jonas Price Bowman; agreeing to construct, at the.Cityts sole expense, n street in the land accepted for that purpose; end expressing this Council's appreciation to said heirs for their generosity, MflER~AS, the heirs of Jonas Price Bowman, deceased, through their attorney Earl A, Fitzpatrick, have offered to donate, grant andconvey unto the City approxi- mately two acres of laud for park purposes ands also, approximately 0.29 acre for street purposes; and NHEREAS, this Council ~eslres to accept said donations and agrees to construct, at the Cityts sole expense, a street in the land herein accepted for such THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 10 That the City Atturney be. and he is hereby, authorized and directed, for and on behalf of the City, to accept and have admitted to record in the Clerh*s office of the Hastings Court for the City of Roanoke a conveyance, on form to be approved by said City Attorney, pursuant to which the heirs of Jonas Price Buwman donate, grant and cOnvey unto the City of Roanoke the following described two parcels of real estate, located and being in the City of Roanoke, for park and for street purposes, respectively~ Parcel No, I - For Park Purposes BEGINNING at an iron pin on the easterly side uf Hillcrest Avenue, No ~., said point being the north- west corner of Lot 11. Block 2. of the Meadow Land Subdivision; thence, with the easterly side of Hillcrest Avenue, N. 48o 00' Mo 267,0 feet to a point on the northwest corner of Lot 8, Block ?, of Bowman Lawn Subdivision; thence, in an easterly direction with the line· dividin9 Block 7. No 420 00' E. 200.90 feet to a point on the line between Lots 3 and 12 of the above-meationed Block ?; thence, un a new line through Lot 12. So 48o 00' £o 80.0 feet to a point; thence. $. 690 50* 38# E, 96,30 feet to a point on the proposed westerly side of Meadows Street extended; thence, with the westerly side uf Meadows Street, S. 16° 30' 04' E. 122,95 feet to a point; thence, S. 48° 00' E. 30,43 feet to a point on the westerly side of the existing northwest corner of Meadows Street; thence, with the northerly linc of Lots 10 and 11, Block 2. of the Meadow Land Subdivision, S. 42° 00' M. 280.90 feet to the place of BEGINNING, and con*aminE 2,2 acres, more or less, as shown un Plan No. 4794, dated May 2. 1963, prepared by and on file in the office of the City Engineer, Parcel No. 2 - For Street Purposvs BEGINNING at a point un the easterly side of Meaduws Street. ~o M.. said point being the northwest corner of Block I of the Meadow Land Map; thence, crossing Meadows Street, S. 42° O0t M. 40°0 feet to an iron pin marking the nurtbeast corner of Block 2. Meadow Land Map, thence, on a new line through the Bowman property, the following three cuurses: No 48° 00' No 30,43 feet to a point; thence, N. 16° 30' 04' M. 212.95 feet to a point; thence, N, 27n 36' 11' M. 80.0 feet to a point on the westerly line of Round Hill Avenue (said point being So 480 00' E. 123.5 feet from the northeast 379 ~38'0 corner of Block ?, Bo~uaa Land Map){ thence, Uith said mesterly line of Mound Hill Avenue, S, 46° 00' E. 125.30 feet to t polat~ thence, $, 16o 300 O4" E. 169.60 feet to the place of D£GIBNIBG, n,d con- taining 0,29 acre, more or. less, ms shown on the aforesaid Plan No. 4794. 2. That the City Manager he, and he ls hereby, directed to cause normal residential City street to he constructed, and sewer and water lines ins,alia mith reasonable dispatch and at the Gl,yes expense, in the laud hereinabove accepted for that purpose. 3. That the appreciation of this Council bet and is hereby, extended unto the heirs of the aforesaid Jonas Price Bowman, deceased, for their generosity in donating the above-described real estate unto the City of Roanoke. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard. Rheeler and Mayor Broiler ....................................... NAYS: Mr. Young .....................I. STREETS AND ALLEYS: Council having previously set a public hearing for 7:30 p.m,, May 6, 1963, on the request of Kimmerling Brothers, Incorporated, that Bland Avenue, N. M.t Grayson Avenue, N. M.. and an alley lying midmay between, be permanently vacated, discontinued and closed for a distance of approximately 202 feet east from Nineteenth Street, the matter was before the body. In this connection, the following report of the City Planning Commission was brought to the attention of Council: "March 22. 1963 The Honorable Murray A. St,lieF. Mayor, and Members of City Council Roanoke, Virginia Gentlemen: In studying the above street closing request, the City Planning Commission was informed by Mr. Evans Jessee that the vacating of these recorded but not improved streets would enable the present owner to proceed with the proper and most advantageous develop- ment of the land. The streets have been laid out in this fashion on the original map; however, in the meantime, the develupment of a nursery and greenhouses ua the premises has precluded the anticipated residential development. The City Planning concluded that there was no need to retain the existing r ights-of-way on Oraysvn Avenue and Bland Avenue. As the development of this area for residential continues, the City Planning Commission will be able to control the layout of new streets through the city's subdivision ordinance. The City Plannin9 Commission therefore recommends that Bland Avenue. Grayson Avenue and an alley lying midway between, be permanently vacated, discontinued and closed for a distance of approximately 202 feet east from Nineteenth Street; the city retaining necessary easements for public utilities, Respectfully submitted, S/ Warner K. Sensbach Harold W. Hill Council having appointed viewers in connection with the application of Kimmerling Brothers. Incorporated. the viewers submitted their report, advising tha~ they have viewed said streets and alley and are unanimously of the opinion that no inconvenience would result either to the public or to any person, firm or corporatio: from the permanent vacating, discontinuing and closing of same, No one appearing either for or against the request, Wv. Jones moved that ,Council concur in the recommendation of the City Planning Commission and that the folloming Ordinance be placed upon its first reading: (s15219). AN OROINANCE enacted pursuant to the provisions or §15-765 of the Code or Virginia of 1950 as amended to date, providing for vacating, discon- tinuing'and *losing two undeveloped and unimproved streets known as Bland Avenue and Gvaysoa Avenue, together mith an undeveloped and unimproved alley running midway between said streets, all of which are hereinafter more particularly described. RBRREAS. a petition has been filed with the Council of the City of Roanoke pursoant to the provisions Of §15-766 Of the Code of Virginia of 1950 as amended to date. mb,rein it is asked that two undeveloped and unimproved streets hnown as Bland Avenue and Grayson Avenge, both of which are approximately 50 feet In width and both of which extend approximately 202 feet in un easterly direction from 19th Street. N. W.. together with a certain undeveloped and unimproved alley, approximately 12 feet in width and lying midway and parallel to the aforesaid Bland Avenue and Crayson Avenue. and likewise extending 202 feet in an easterly direction from loth Street, N. ~** be vacated, discontinued and closed; and RHEREA5, due leRal notice was posted as required by §15-766 of the Code of Virginia of 1950 as amended to date, the petitioner, Klmmerling Brothers, lncor- poratedt being the only land proprietor being affected thereby along said streets and said alley; and RH£REA$. by Resolution No. 15145. adopted on the llth day of Watch. 1963. the Cuuncil of the City of Roanoke. Virginia. appointed viewers to report whether or not in their opinion any. and if any. what Jnconvenlencewould result from permanently vacating said streets and alley; and WHEREAS, the viewers appointed reported in writing that, after having been duly sworn, they viewed the said streets and the neighboring properties and are unanimously of the opinion that no inconvenience mould result either to the public or to any person, firm or corporations, from permanently vacating, discontinuing and closing said streets and said alley; and ~HERFAS. the City Planning Commission has considered the request and has recommended to Council that said streets and alley be vacated; and WHEREAS. The Conncil Of the City of Roanoke caused a public hearing to be held on the question after publication of the notice thereoft and at uhtch hearing the property Owners and other interested parties in the affected area were given an opportunity to be heard both for and aRainst the request; and WHEREAS. this Council. after considering the evidence submitted, is of the opinion that vacating Bland Avenue and Grayson Avenue and the 12 foot alley running midway between th*mt all more fully hereinafter described, will not abridge or destroy any of the rights and privileges of any person, firm or corporation, and that on inconvenience would result to anyone therefrom, and is further of the opinio! that the request of the said petition should he granted. '38:!. 382 THEREFORK, BK I! ORBAINF. D by the Council of the City of Roanoke that those certain undeveloped nad unimproved streets knomn as Bland Avenue and Grsyson Avenue, both of which ore approximately 50 feet Jn mldth and both of which extend approxi- mately 202 feet in an easterly direction from 19th Street, N. W,, together with a certain undeveloped and unimproved alley approximately 12 feet in width and lying midnny between and parallel to the aforesaid Bland Avenue and Grayson Avenue and likewise extending 202 feet in an easterly direction from 19th Street, N. W., o11 situated in the City of Roanoke, State of Virginia, be permanently vacated, discon- tinued and closed as provided by §15-766 of the Code of Virginia of 1950 as amended to date, and in accordance with the law in such cases made and provided, and that all right, title and interest in the City of Roanoke and the public is hereby released insofar as the Council is empowered so to do, the City of Roanoke. however, reserving unto itself an easement in said property for any existing Water lines, sewer lines, drains or other public improvements presently located iff said streets and alley, if any there bet together with the right of.ingress and egress for the maintenance, repair and construction of any such lines or improvements, BE IT FURYHER ORDAINED by the Council of the City of Roanoke that certified copy of this Ordinance be delivered by the City Clerk to the Clerk of the Hustings Court of the City of Roanoke, Virginia, and to the City Engineer of the City of Roanoke, Virginia, and that the City Engineer of Roanoke, Virginia,,make appropriate notation of the vacation herein approved on the Official Map of the City of Roanoke. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jane s, Pollard, Wheeler, Young and Mayor 5toller ........................... 7. NAYS: None ................... ZONING-SETBACK LINES: Council having previously set a'public hearing for 7:50 p.m., May 6, 1963, on the question of establishing setback lines on both sides of Rrandon Avenue, So W.t from a point approximately 150 feet east of Langdon Road to the western city limits, measored 50 feet from the established center line Of Brandon Avenue, the matter was before the body. In this connection, the following report Of the City Planning Commission was brought to the attention Of Council, *March 22, 1963 The Honorable Murray A. Stall.r, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: In its March 20, 1963 meeting the City Planning Commission con- sidered the recommendation of the City Manager that setback lines be established on both sides of Brandon Avenue from a point approximately 150 feet east of Langdon Road to the western city limits measuring 50 feet from the center line of Brandon Avenue. In studying this recommendation the City Planning Commission recognized the need for the orderly development along Brandon Avenue. Traffic improvements along this particular section of Brandon Avenue will be necessary in view of the anticipated dcvelopuent of the land rot larg~ apartment projects in the near future, The evaluation of our present highway system through the traffic study currently being conducted by the city*s highmay conaultunt indicates that Brandon Avenue (OS 11) ls regarded as priority Ho. I for needed road improvements. Recent efforts of the City Planning Department to straighten out the intersection of Edgeuood Street, Hud Lick Road and Hrandon Avenue underscore the need for trafflc improvements on US 11, The City Planning Commission therefore recommends to City Conncll that setback lines be established on Drandoa Avenue according to Plan Ho, 4450 drawn by the City Engineer under date of September 2, 19S9. that the appropriate city ordinance be prepared and that necessary changes be made on the official city map. Respectfully submitted. S/ ReFner K. Sensbach for IlaFold H, Hill Chairman" Ho one appearing either for or against the proposed setback line, Hr. Garland moved that Council concur in the recommendation of theCity Planning Commission and that the followin9 Ordinance be placed upon its first reading: (mi522g) AN ORDINANCE establishing building setback lines On both sides of Rrandon Avenue, S. M., from a point approximately 150 feet east of Langdon Road to the western City limits. HREREAS, notice was duly published as required by law that Council would hold a public hearing on May 6, 1963. at 7:30 p.m., in the Circuit Courtroom (Council Chamber), in the Municipal Building. Roanoke, Virginia, on the question of estab- lishing setback lines on Brandoa Avenue, S. W,, from a point approximately 150 feet east of Langdon Road to the western City limits; and WHEREAS, the said bearing was held at the time and place aforesaid before the Council of the City of Roanoke. at which hearing all property owners in the affected area and all other persuns were 9ivan an opportunity to be heard on the question; and WHEREAS, the City Planning Commission has heretofore recommended and approved the establishment of such building Setback lines on said Brandon Avenue, S. W,, from a point approximately 150 feet east of Langdon Road to the western City limits, as are established by this ordinance; and WHEREAS, after hearing all of the evidence submitted. Council is of the opinion that such building setback ~ines should be established. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ,building setback lines be, and the same are hereby, established on both sides of Brandon Avenue, $. W., from a point approximately 150 feet east of Langdon Road to the western Citylimits, measured 50 feet from the established center line of said Hrandon Avenue, S. M** according to Plan No. 4450, prepared by the City Engineering Department under date Of September 2t 1959, and on file in the aforesaid £ngtneerin! Department. BE IT FURTHER ORDAINED'that all buildings hereafter erected on any of the real estate abutting on said Rrandon Avenue, S. W** from a point approximately 150 feet east of Langdon Road to the western City limits, shall be erected in relation the building setback lines as established by the provisions of this ordinance. '383 :.384 The motion mas seconded by Mr. Pollard end adopted by the f,Il,ming rote: AYES: MesSrCo Garland. Jones, Pollard. Mhee~er. ~oung~ end Yayor St,lieF ................................ NAYS: Mr, Dillard ...........1, la a further discussion of the matter, Mr. Jones stated that he Would like wrltteo c,,c,FrOnt* in the proposed setback lines from the developers of the apart- ment projects and moved that the City Manager be directed to notify the .un.rs of a tract of land located o. the sooth side Of Dromdon Avenue. S. M** adjacent to the must corporate limits, described as Official Tax Ho. 1620101, and a tract of laud located un the north side of Brandon Avenue, S, ¥,, east of Edgemood Street. described as Acreage, Lee-Hy Gardens. Official Tax No. 1610205, of the pending setback lines and to request that they advise, in writing, ~hether vr not the establishing of such building setback lines will affect their plans for the con- struction of apartment buildings on the two tracts of land. The motion sas seconded by Mr. Wheeler and unanimously adopted. FIRE DEPARTMENT: Mr. Charles W. Hancock, President of the Garden City Civic League, appeared before Council, advising that it is his understaoding a new fire station for the Garden City area is seventh in priority on a list Of capital Improvements referred to the City ~lanning Commission for preparation of a five- year capital improvement program for consideration by Council, Mr. Hancock pointing out that a committee was appointed to confer sith Mr. Alba K. Simmons, Architect, as to bringin9 the plans for the proposed fire station, as well as the estimated cost thereof, up to date, and raising the question as to progress made by this committee. After a discussion of the matter, Mayor St,lieF suggesting that the 1964 Budget Commission be urged to give a new fire station for the Garden City area the highest priority in Its consideration of capital improvements, Mr. Jones moved that the City Manager be directed to ascertain whetheror not the plans for the proposed fire station are up to date, and, if so, to submit 'the estimated cost of the fire station. The motion sas seconded by Mr. Dillard and unanimously adopted. PETITIONS AND COMMUNICATIONS: POLICE DEPARTMENT: A communication from Mr. W. Frank Smyth, Jr., Director Division of Corrections. Department of Welfare and Institutions, transmitting a report on the inspection made by the Division of Corrections of the police lockup on April 9, 1963, was before Council. On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the report was received and filed. CITY JAIL: A communication from Mr. M. Frank Smyth, Jr., Director, Divisi* of Corrections, Department of Welfare and Institutions, transmit*in9 a report on the inspection made by the Division of Corrections of the city jail on April 9, 1963, 'On motion of Mr. Wheeler, s~conded by Mr. Pollard and unanimously adopted, the report was received and filed. ZONING: Council having previously referred the request of Rustom Homes, Incorporated, that property located on the northeast corner of Rosalind Avenue and Twenty-sixth Street, S, W,, described as Lot I end the southerly 27 feet of Lot 2, Hlock 45, Crystal Spring, Official Tax No, 1060607, be rezoned from General Residenc, District to Special Residence District, to the City Planning Commission rot study, repurt and recommendation/ a communication from Hr. S, F. Parham. Jr.. Attorney, representing Kustom Homes. Incorporated, advising that his client has ascertained that a majority of the property owners in the immediate vicinity of its propeFty will oppose its petition to rezone the property, and, Jn order to avoid oontFaversy, requesting that the petition for rezoning be withdrawn, mas before the body. Mr. hbeeler moved that Council concur in the request that the petition for resorting be withdrawn, The motion was seconded by Mr, Pollard and unanimously adopted. REPORTS OF OFFICERS: BUDGET-CITY MANAGER: The City Manager submitted a written report. advising that there are sufficient fun~ left in the appropriation for the Multilith Office Furniture and Equipment - Replacement to Office Furniture and Equipment - New under Section =3, #Manager,w of the 1963 budget, to provide for the purchase of the paper cutter. After a discussion of the matter, some of the members of Council objecting tO using an unexpended balance from one item for the purchase of another, Mr. Pollar( moved that Council concur in the recommendation of the City Manager and that the followin9 Ordinance be placed'upon its first reading: (#15221) AN ORDINANCE to amend and reordain Section o3. ~Manager.' of the 1963 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section #3. "Manager.' of the'1963 Appropriation Ordinance. be, and the same is hereby, amended and reordained to read as follows, in part: MANAGER ~3 ' Office Furniture and Equipment-Replacement . .......... ,...,,. ~3,553.00 Office Furniture and Equipment-New ..... , ..... , ........... *** 529,00 The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard and Nheeler ......................4. NAYS: Messrs. Dillard, Young add Mayor Stoller ......................... BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted .a written report advising that a total of $2,000 in gifts for use in Connection with the development of the Roanoke Transportation Center and Railroad Museum has been paid into the City Treasury and recommending that 92.000 be appropriated to Transportation Museum under Section rlTO, #Capital,# of the 1963 budget, to cover these donations. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: "385 /:386 (S15222} AN ORDINANCE to amend and reordaln Section si?O, *Capital,i of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 26, page 213.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded b~ Mr. Rheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones, Pollard,. Rheeler, Young and Mayor 5toller ................................. 7, NAySt Noue ...................Oo EASEMENYS-PARKS AND PLAYGROUNDS-RATER OEPARTMENT: The City Manager submitted a written report, recommending that he be authorized to execute a license agreement with the Norfolk and Western Railway Company pursuant to which said Railway Company will permit the City of Roanoke to lay and maintain a water line under the Companyts land in order to furnish Mater to the Transportation Center and Railroad Museum. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (n15223) A RESOLUTION authorizing the City Manager to execute a license agreement with the Norfolk and Res*em Railway Company pursuant to which said Railway Company permits the City to lay and maintain a water line under the lands of said Railway Company in the City of Roanoke. (For full text of Resolution. see Resolution Rook No. 26, page 214.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the fo.llowing vote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Nheeler. Young and Mayor Stoller ............................... NAYS: None ................... PURCRASE OF PROpERY¥: The City Manager submitted a written report, trans- mitting an offer of Mr. R. C. Atkins to sell to the City of Roanoke a 9.29-acre of land lying east of Bennington 5tree,. $o E.. and north of Muse Branch. Official Tax No. 4350605. for the sum of $50.000° Mr° Pollard moved that the report and offer be filed. The motion Nas seconded by Mr. Young. Mr. Dillard offered a substitute motion that the offer be referred to a committee composed of Messrso Nilliam H. Edwards, Chairman, Benton O. Dillard, James E. Jones, Rex T. Mitchell, Jr., N. Cletus Broyles and fl. R. Chisom in connecti( with its study of acquisition of land in the Riverdale area for park purposes. The motion was seconded by Mr. ~oues and lost by the following rote: AYES; Messrs. Dillard and Jones .........................................2. NAYS: ResSrSo Garlacd. Pollard. Rheeler'. Young and M~yor Stoller ........ The original motion of Mr. Pollard was then adopted; Mr. Jone~votin9 no. INVITATIONS: ~he City Manager submitted a written report, transmitting an invitation from Mr. R° R. Rnckman. President, National Rivers and Harbors Congress, to city officialn to attend the 50th Annual NutS*gal Convention of the National Rivers and Harbors Congress to be held at the Nayflower Hotel la MashingS*a, D. C., June 4-?, 1963. On motion of Nfo Pollard seconded by Hr. Young end unanimously adopted, the report nas filed. LICENSES: Council having referred to the City Attorney a communication from Mr. Thomas C. Scordas, advising that he obtained a retail merchants license and motel license for operation of the Plaza Restaurant and Plaza Motor Court beginning January 1, 1963, at which time he paid the first bali of the license tax for the year 1963; that on April 1, 1963, he sold the business and thepurchaser obtained a new license to operate the establishment, thereby resulting in tug licenses being in effect on the same business; and that he has now been informed he will be required to pay the second installment on the licenses be obtained in January on or before July 31, IGC3, Mr. Scordas requesting relief from payment Of the second half of the license tax in question, the City Att*tony submitted the foil*ming report: #May 2, 1963 The Honorable the Council of the City of Roanoke At your meeting of April 29th, you referred to me, for study, report and recommendation, a letter addressed to you under date of April 23, 1063, from Mr, Thomas C. Scordaso That letter states Mr. Scordas* request briefly and clearly and attach a photostatic copy of it hereto, This problem has been repeatedly presented to this Council, Under the Virginia statute, Mr. $cordas would not be required to pay the second installment on the licenses he purchased in January covering the first half of the current calendar year. However, as he states in his letter, under the City*s existing License Code, he is lawfully obligated to purchase such licenses for the last half of this calendar year; albeit, he is not now and does not intend to conduct such businesses further during this year. 5/ Ran G. Hhittle 387 '388 the Commissioner of the Revenue without notion of Council. Mr. Wheeler moved that the qneslion he'carried over until the next regular meeting o! Conncllo The motion nas seconded by Hr, Pollard and unanimously adopted, Hr, Dillard then moved that the City Attorney ha directed to prepare the proper measure amending the City Code to parallel the State Code uhereby, la the future, purchasers of licenses in similar situations will not be required to pay the second Installment on such licenses, The motion mas+seconded by Mr. Jones and unanimously adopted. ZONING: Council having previously referred to the City Planning Commissio for study, report and recommendation a request of Mrs, Emma R, Long that property located on the southwest corner of Guilford Avenue and Montvale Road, S, described as Lot 11o Block 3. Grandiu Court, Official Tax No, 1551030. he rezoned from General Residence District to Special Residence District, the City Planning TRAFFIC: Council having previously referred to the City Planniug Commis- "May 2, 1963 following: 1o Tie preparation of the arterial hlghmay plan carried out by Homard. Needles. Tamnen ~ Bergendoff ns traffic consultants. prooeeds ao¢ording to aohedele. The present completion date Is August i963. 2. The city of Roanoke will be the first city in the state of ¥1rginia to have arallnble such a compretensire transporta- tion plan and. therefore, cnn easily meet the deadline o! July 1, 1965 in regard to eligibility for Federal aid urban 3. la order to be effective, the arterial higbmay plan mast be approved by all participatia9 governing bodies of the Roanoke Valley. 4. The arterial highway plan will hare to be kept up-to-date and impruved upon in order to retain its usefulness° The City Planning Commission mill continue to murk mitk the traffic consultants in connection with the arterial bighmay plan and mill keep Council appraised as to its continued progresso Respectfully submitted. S/ Rary Luu Henderson for Harold M. Hill, Ctairnan' On motion of Mr. Rheeler, seconded by Rro Pollard and unanimously adopted, the report was filed. REPORTS OF COMMITTEES: DEPARTR£N! OF PUBLIC RORKS: The committee appointed to tabulate bids received un furnishing asphalt and tar to the City of Roanoke fur the period from June 1, 1963. through Ray 31. 1964, submitted the following report: To Tie City Council Roanoke. Virginia Members of Council: Attached hereto is a copy of the tabulation of bids which were upened and read before City Council on Ronday, April 29. 19630 for furnishing, heattn9 and applying RC-2 asphalt° RC-2 Type 2 asphalt, and RT-9 tar for the periud uf June 1, 1963 through Ray 31, 1964. The purpose of these bids is to establish the unit prices and designate the firm that Hill receivE this business during the period described above. Company submitted the luw bid on all three (3) items. It is recummended that Adams Construction Company be awarded this business and that periodic purchase orders based meet the requirements of the Department of Public Works. There are sufficient funds provided in the 1963 budget to Respectfully submitted, S[....Mnlter L. Young, S/Arthur St ~cns Arthur S. Owens S/ H~ Cletus Bro¥1es S/ H~ B, Thumpson B. H. Thompson" 389 390 NV. Mheelev moved that Council concur in the recommendation of the com- mittee ina offered the following Resolution: (n15224) A RESOLUTION accepting the proposal of Adams Construction Compan. for furnishing, heating, hauling and applying certain asphalt nnd tar~ authorizing the Parchasing Agent to issue the requisite purchase or~eva; aDd rejecting all other bids. (For full text of BesolntJon, see Resolution Book No. 26. page 214.) Mr. Nheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... 7. NAYS:, None ................... O. UNFINISHED BUSINESS: RATER DEPARTMENT: Council having at its last regular meeting deferred action on a recommendation of the City Manager that an Ordinance be adopted author- izing the execution of a written agreement with the Town of Salem relating to the construction of a portion of a city-owned 16-inch water main in a part of Itemlock Roa~ in Salem in order that the Manager of the mater Department might appear before the body to discuss the contention of Mr. Young that the 16=Inch water main should be located within the corporate limits, the matter was again before Council. After a discussion with Mr. Raymond g. Pillow, Manager of ~he ~ater Depart. meat, as to location of the 16=inch water main within the corporate limits rather than in the Town of Salem, Mr. Dillard moved that Council concu~ in the recommendattdn of the City Manager and offered the followin9 emergency Ordinance: (#15225) AN ORDINANCE authorizing the execution of a written agreement with the Town of Salem relating to the construction of a portion of a City-owned 16-inch water main in a part of Hemlock Road which is situate in the Town of Salem; and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 215.) Mr. Dillard moved the adoption of the Ordinance. The mutton was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard and Mayor Stoller ....... NAYS: ~essrs. Mheeler and Young ........................................ CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORBINANCES AND RESOLUYIONS: LICENSES: Council having directed the City Attorney to prepare the proper measure amending Section 32, Chapter 1, Title I¥III, of The Code of the City of Roanoke, 1956, to provide for the transfer of city automobile licenses from truck to automobile or vice versa when the owner changes from One class of vehicle to the other, he presented same; whereupon, Mr. ~ullard offered the following emergency Ordinance: 6 (s15226)' AN ORBINANCE to amend and reordain Sec, 32, *Same--Transfer° of the Traffic Code of the'City of Roanoke, 1956; and providing for on emergency, (For tull text u! Ordinance, see Ordinance Rook No, 26, page 216,) Hr, Pollard moved the adoption of the Ordinance, The motion uaw seconded by Mr. Garland and adopted by the f,Il,ming vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7* NAYS: None ...................O. ASSESSMENT OF PROPERTY: Council having directed the City Attorney to prepare the proper measure accepting the proposal of Mr. J, Edward R,noir*y, President Of T,bin-R,unit,y, Incorporated, to make a study, at the sole expense bis firm. of the real estate tax assessment system presently used in the City of Roanoke, he presented same. Mr, Jones expressing the opinion that the State Department of Taxation could probably make the same study at less cost and suggesting that Council nsc,rial whether or not the state is qualified to make such a study, Mr, Young moved that action on the Resolution be deferred until the next regular meeting of Council. Mayor St,lief relinquished the Chair to second the motion which was unanimously adopted. BUILDING BODE-TRAILERS-HEALTH DEPARTMENT: Council having directed the City Attorney to prepare the proper measure repealing Ordinance No, 15195, amending and reordaining Section 501. *Rooms and Exit Ways* of The Official Building Code of the City of Roanoke. 1956. by addin9 a new subsection thereto, being subsection 501,1 "Minimum area for residential buildings** he presented sam~; whereupon, Mr. Young offered the fo]lowing emergency Ordinance: (~15227) AN ORDINANCE repealin9 subsection 501.1. 'Minimum area for residential buildings' of Section 501. 'Rooms And Exit Ways' of The Official Building Code of the City of Roanoke, 1956; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 217.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ 7. NAYS: None .................... MOTIONS AND MISCELLANEOUS BUSINESS: NONE. On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the meeting ~as adjourned. APPROVED ATTEST: 391 392 COUNCIL, REGULAR MEETING, Monday, May 13, 1963. The Council of the City of Roanoke wet In regular meeting in.the Council Chamber in the Ranicipal Building, Monday. May.~3, 1963, at 2 p.m.. the regula~ ueetlng h,ur, with Mayor S~oller.pr~sidJng~ pRESENT: Messrs. Dillard. Garland. Jnnes. Pollard. Mheeler, Young and Mayor St,lieF ............................... ABSENT: None ....................O. OFFICERS PRESENT: Mr.-Arthur S. Owens, City Manager, Mr. Randolph G. MhJttle. City,Attorney. nad Mr, J. Robert Thomas, City Auditor. INVOCATION~ The meeting was opened Mith a prayer by the Reverend D. L. Rogers. Pastor, Central Church of the Brethren. BEARI~G OF CITIZENS UPON PUBLIC MATTERS: HEALTH DEPARTMENT: Pursuant to notice of advertisement for bids on a new x-ray machine for the Bealth Department, said proposals to be received by the City Clerk until 1:30 p.m., Monday, May 13o 1963, and to be opened at 2:00 p.m.. before Council, Mayor Stoller asked if there was anyone present who did not fully understan~ the advertisement, if there was anyone present ~bo had been denied the prlyllege of bidding, or if there ~ere any questions about the advertisement anyone would like to ask. and*n9 representative present raising any question, the Mayor instructed the City Cierh to proceed ~lth the opening of the bids; whereupon, the City Clerk opened and read bids from the Westinghouse Electric Company, in the amount Of $0,195.00; theGeneral Electric Compauy. in the amount of SB.6hO.34; and the Picker X-ray Corporation, in the amount of Mr. Garland moved that the bids be referred to a committee to be appointed by the Mayor for tabulation and report toCouncil, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. The motion was seconded by Mr. Jones and unanimously adop.ted. Mayor Stoller appointed Mr. Robert A. Garland. Chairman. Dr. Roger C. Grady, Mr. H. Cletus Broyles and Mr. B. B. Thompson. as members of the committee. pARKS AND PLAYCROONDS-GARBAGE REMOVAL: Council having adopted a Resolu- tion setting forth that the tentative date of June 1,. lg6~, .for closing the Kashington Park Dump cannot be met and that the estimated closing date of the dump will be as soon as the incinerator can be completed and the proper grading done in Mashington Park, a large delegation of Negro residents of the area appeared before the body to protest failure to close the dump by June 1st. The Reverend James AH Allison, Jr., appeared before Council. advising that although he is not a Negro and does ant live in the qashington Park areahe is appearing in protest against the failure to close the Washington park Dump as on individual citizen in the belief that the continued operation of the dump Is a perpetuation of an injustice b~ the City of Roanoke and that such continued injustice constitutes ummorality, Mr, Allison expressing the fear that if the dump is not closed racial demonstrations mill follom and suggesting that Coancil reconsider the best ways of disposing of the garbage in the city by seekin9 help that is available to the city from the Virginia Department of Health. enforcing the provisions of the City Code calling for the separation of combustible garbage and refuse from noncombustible refuse and dumping the noncombustibles on land omned by the city in the East Gate section and the combustibles in a landfill on a suitable site to be determined by the city. Mr. A. Byron Smith, President of the Roanoke Council Parent-Teacher Association, and Mr. George P. Laurence spoke on behalf of the Bo3nohe Council PTA, proposing that the City Manager be ordered to stop dumping in Washington Park on June 1, 1963, and that he prepare some other place to be used temporarily until the incinerator can handle greater capacity. The Reverend R.R. Wilkinson stated that the Washington Park area residents are tired of having to contend with the dump and that if continued dumping is a necessary evil then the East Gate section should he required to share this intoler- able situation as a lesser evil, Mr. Wilkinson warning that the ~egroes are to do whatever is necessary within the lam to have the Washington Park Dump closed. The Reverend David il. Jackson, the Reverend Joseph P. Griffitts and Dr. Lo E. Paxton also urged that the Washington Park Dump be closed by June 1, In answer to the questions raised by the citizens, Mr. Young stated that the Washington Park Hump is not a racial problem, but a civic one, and Mr. Wheeler voiced the opinion that the proposed expansion, repair and modernization of the city incinerator will adequately take care of the problem, Mr. Wheeler explaining that plans for the project have been held up by a New York consulting firm, but that they are now almost finished so that the city can proceed to advertise for bids Mayor Stoller ended the discussion by assuring the citizens that the Washington Park Dump will be closed as soon as the incinerator project is completed and the dump can be closed in an orderly fashion. PETITIONS AND COMMUNICATIONS: STREET LIGNYS: Acommunication from the Appalachian Power Company, trans- mittin9 a list of street lights installed during the month of April, 1963, was befor Council. On motion of Mr. Young, seconded by Mr. Wheeler and unanimously adopted, the c~mmunication was filed. BUDGET-DEPARTMENT OF PUBLIC WELFARE-BURRELL, MEMORIAL HOSPITAL: A communication from Mr. Arthur Taubman, for and on behalf of the Burrell Memorial Hospital, requesting that the Bbrrell Memorial Hospital be reimbursed by the City Of Roanoke in the amount Of $17,119.35, representing the difference in 19~2 between the amount paid to the hospital for indigent patients and the actual cost of service rendered to these patients sent to the hospital by the city as certified welfare patients; also, that the daily rate for city ~elfare patients be increased from 393 :394 ;20.41 to $22.O1 in the 1963 budget insofar us the Burrell Memorial Hospital ia ~oneerned, was before Council.. In this connection, representatives of the Hurrell Yea*rial Hospital appeared before Council, with Mr. Taabman acting as spohesmau, and explained the serious financial condition of the hospital. After u discussion of the matter, Mr. Pollard offered the following emergency Ordinance appropriating $17,119.35 as requested by the Ourrell Memorial Hospital: (mlS22H) AN ORDINANCE to amend and reordain Section #50, #Hospitalixatic of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, See Ordinance Hook No. 26. page 224.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard. Mheeler, Young and M~yor Stoller ............................. 7. NAYS: None ...................O. ~r. ~heeler then moved thatCouncil concur in the request that the daily rate for city welfare patients at flurrell Me~orial Hospital be increased from $20.41 to ~22o01 and offered the following emergency Ordinance: (~15229) AN ORDINANCE to amend arid reordain Section ~SO, *Hospitalizatio of the 1963 Appropriation Ordinance, and providing for afl emergency. (For full text of Ordinance, See Ordinance Book No. 26, page 225.) Mr. ~heeler moved the adoption of the Ordinance. The motion was seconded b~ Mr. Young. Mr. Pollard pointed out that it has eot been established that the increased rate of $22.01 will offset any deficit for city welfare patients at Hurrell Memorial Hospital in the year 1963 and offered a substitute motion that tho request for an increase in the rate be denied at the present time. The substitute motion failed for lack of a second and Ordinance No. IS229 was adopted by the following vote: AYES: Ressrs. Dillard, Garlands Jones, Wheeler, Young and Mayor St,liar .................................... NAYS: Mr. Pollard ...................1. With further reference to the matter, Mt. Dillard moved that the City Manager be instructed to request the State Department of Relfare and Institutions to approve an amendment to the State-Local Hospitalization Contract to cover the increased rate. The motion was seconded by Mr. Garland and unanimously adopted. REFUNDS AN~ REBATES-LICENSES: A commun~tion from Mrs. C. R. Garraghty, advising that on March 28, 1963, her husband purchased a city automobile license tag, that oK April 4, 1963, her husband passed away and the license tag mas never placed on the automobile, was before Council, Mrs. Oarraghty requesting that she be refunded the $10 paid for the city tag. After a dlicussfsn of the w~ller, fir. Dlllurd warning lhnl ft Council keeps refunding the taonnts puid for ~unsed city sutomoblle license tugs it will be getting dozens of requests every yesro gr. Pollard moved tbnt the request of Mrs. Garragbty be granted end thut the matter be referred to the City Attorney for preparation of the proper wessare. The motion was secooded by Mr. Mbeeler nod adopted. Ressrs, Dillard and Garland voting no. Mr. Jones then moved that in the future Council refuse to consider nay requests for n refund of the amounts paid for unused city automobile license tags after Nay 1st of each year. The motion was seconded by Mr. Iheeler and uoanimously adopted. STREETS A~D ALLEYS: A petition signed by fifty-five residents of the 3300 3400 and 3500 blocks of Greenland Avenue. N.W.. requesting that these three blocks be blacktopped, was before Council. On motion of Mr. Pollard, seconded by Mr. Mheeler and unanimously adopted. the request was referred to the City Manager for study and report to Council. STREETS AND ALLEYS: A petition of the Concrete Ready Mixed Corporation. et al.. requesting that the portion of Bethel Street. N.I.. extending southerly from Signal Hill Avenue. be vacated, discontinued and closed, was before Council. · On motion'of Mr.'Wheeler. 'seconded by Mr. Pollard and unanimously adopted. the request Has referred to the City Planning Co,mission for study, report a~d recommendation to Council. '- - , Mr. Dillard then offered the follo~in9 Resolution providing for the appoint meat of viewers: (~15230) A RESOLUTION providing for the appointment of five freeholders as viewers in connection with the application or petition Of Concrete Ready ~ixed Corporation. Milliam F. Kirk and June K- Kirk to vacate, discontinue and close that portion of Bethel Street, N.M.. extending southerly from Signal Bill AVenue in the City of Roanoke. as appears on the Map of Section Number 3 of Westwood Annex in Map Book 1. page 94. in the Clerk*s Office of the Hustings Court of the City of Roanoke. Virginia. as provided by'Section 15-766 of the Code of Virginia as amended to date. which portion of Bethel Street has never been opened to the public. (For full text of Resolution. see Resolution Book No. 26. page 225.) Mr. Dillard moved the adoption of theResolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: 'Messrs. Dillard. Garland. Jones. Pollard. Mheeler. Young and Mtyor Stoller .................................. 7. NAYS: None ..........................O. STREETS AND ALLEYS: A petition'of Mr. Charles D.'Fox, III; Attorney, representing Mr. J. N. Burress, et al., requesting that a certain IS-foot alley running through Block 13, Hyde park, from'Seventeenth Street to Eighteenth Street, N. M.. parallel to Shenandoah Avenue and Center Avenue. ~e vacated, discontinued and closed, was before Council. ;395 396 On motion of Mr. Hheeler, seconded by Pr. Pollard and unuuleously adopted, the request was referred to the City Planning Commission for study, report end recommendation to Council. Pr. Young then offered the folloming Resolution providing for the appointment of viewers: (m15231) A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in coonection mith the application or petition of J. H. Burress, EIvn B. R. Beard and Clime Beard to permanently vacate, dJscontfut and close that certain alley approximately 15 feet la width running through Block 13, Rap of Hyde Park Land Company, between l?th Street and IBth Street, N. parallel to Shenandoah Avenue and Center Avenue, N. H., approximately 400 feet in length. (For full text of Resolution, See Resolution Book No. 26, page 226.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Blllard, Garland, Jones, Pollard, hheeler, Young and Mayor Stoller ................................... NAYS; None ..........................O. STREEy$ AA~ ALLEY~: A petition of Mr. James R. Young, Attorney, repre- senting Diamond Plastics Industries, Division ~f Creative Packagingt Incorporated, requesting that a portion of old Bollins Road, N.E., and a part of a road right of way of an old bridge crossing Tinker Creek, be vacated, discontinued and closed, was before Council. On motion of Mr. Hheele~, seconded by Mr. Pollard and unanimously adopted, the request was referred to the city Planning Commission for study, report and recommendation to Council. Mr. Hheeler then offered the following Resolution providing for the appointment of viewers: (~15232) A RESOLUTION provldin9 for the appointment of fire viewers in connection with the petition of D~amond Plastics Industries, Division of Creative Packaging, Incorporated, to permanently vacate, discontinue and close certain portions Of a street and roadway located in the City of Roanoke, Virginia, and being a portion of Old Hollins Road, N. E., and a part of u road right of way of an old bridge crossing Yinker Creek. (For full text of Resolution, see Resolution Book No. 26, page 227.) Mr. Wheeler moved the adoption of the Resolution. The motion was secondet by Mr. Pollard and adopted by the f~llowing vote: AYES; Messrs. Dillard, Garland, Jones, Pollard, Hheeler, Young and Mayor St*Ilar ............................ NAYS: None .................. O. PENSIONS: A communication from Mr. H, F. Griggs, Secretary, Board of Trustees of the Employees' Retirement System of the city of Roanoke, transmitting an audit report Of Rennett And Kennel*, Certified public Accountants, for the year ended December 31, 1962, was before Council. On motion of Mr. Dlllardt seconded by Mr. Mheeler and unanimously adopted, the communication and report were filed. REFCRTS OF OFFICERS: BLDG~T-ANNEXATION: The City Manager submitted a written report recommend- ing that $2.695.0§ be appropriated to SectionS155. 'Annexation.' of the 1963 budget, to cover payment of professional services rendered in connection with the recent annexation case. Mr. Wheeler moved that Council concur in the report of the City Manager and offered the following emergency Ordinance: (#]5233) AN ORDINANCE to amend and reordain Section ~155, 'Annexation,' of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 228.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by tho folio*fog vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .................................. 7. NAYS: None .......................... O. BUDGET: The City Manager submitted a written report, together with the following request of the Director of the Department of Parks and Recreation for several adjustments in the various budget accounts of that department which were inadvertently omitted in preparation of its 1963 budget: 'May 7, 1963 Mr. Arthur S. Owens City Manager Roanoke, Virginia Dear Mr. Owens: It has been brought to my attention by the Auditorts office that during the revising of our budget form for 1963 under Code and Classification, several Code numbers necessary to the opera- tion of this office were omitted. It would be appreciated if you would forward to City Council for consideration the following transfers: (Al Account 110 - Recreation (1) Prom Code dO to Code 20 - $1000.00 (B) Account 111 - Parks and Recreational Areas (1) From Code 42 to Code 29 - $500.00 (2) From Code 40 to Code 28 - $1000.00 (C)Account 112 - Stadium and Athletic Field (1) From Code 39 to Code 39 - $1000.00 (D) Account 60 - Armory (1) From Code 39 to Code 39 - $200.00 (2) From Code 40 to Code 28 - $200.00 Yours truly, S/ Rex T. Mitchell, Jr. Rex T. Mitchell, Jr. Director' The City Manager also submitted a request of the Director of the Departmen of Parks and Recreation that $1,000 be transferred from Materials-Building and '.~397 .'398 ~roperty to Maintenance of #nchin~ry and Equlpmen~ u~der S~ction mi!O, 'Recreation Department,' of the 1963 budget, to cover an.increase in the cleaning bill for additional sandlot football equipment, the City Manager recommending that both requests be granted. After a discussion of ~he matter, Mr. Dillard moved that actign on the requests be deferred until the next regular meeting of Council in order that the members of the body might receive additional information on the increase in the cleaning bill and the policy for the npheep of sandlot football equipment. The matin uaw seconded by Hr. Jones and unanimously adopted. Mith further reference to recreational matters, Mr. Dillard pointed out that last fail Council authorized the construction of an addition to Jackson Park Community Center and that It is his understanding the addition has been completed, but that it has not been put into use, Mr. Dillard moving that the City Manager be requested to report to Council as to why the addJtioo to the receation center has not been put into use. The motion was seconded by Mr. Jones and unanimously adopted. MATER DEPARTMENT: The City Manager submitted a written report, trans- mitting a report on n Sanitary Survey of the Roanoke Municipal Water Supply as conducted by the Virginia Department of Health and the United States Public Health Service. In this connection, Mr. Raymom! E. Pillow, Manager of the ~ater Depart- ment, appeared before Council for a discussion Of the six recommendations in the report with regard to deficiencies noted in the survey. After a discussion of each recommendation, Mr. Pillow explaining that some of the recommendations have already been carried out, that progress is being made toward others, that some of the recommendations he does not choose to pot into effect unless the United States Public ttealth Service insists, and that he does not consider any of the deficiencies covered by the recommendations as urgent or serious Mr. Youn9 moved that the report be filed. The motion was seconded by Mr. Garland and unanimously adopted. SALff OF PROpERTY-STATE HIGNWA¥S: The City Manager submitted a written report, recommending that Council accept the offer of the Virginia Department of Highways of $9,916 for 0.35 acre of land from the Gilmer School property, loss of sixteen rods of fencing, including iron posts and braces, and any and all damages, in connection with the acquisition of rights of ~ny on Route 501 between Orange Avenue and the Norfolk and ~estern Railway Company property. Mr. Young moves that Cosncil concur in the recommendation of the City Manager and that the matter be referred to the city Attorney for preparation of the proper measure. The motion was seconded by Mr. ~heeler and unanimously adopted. PARKS AND PLAYGROUNDS: The City Manager submitted a written report, recommending that he be authorized to execute a contract between D. C, Transit system, Incorporated, and the City of Roanoke, Mith regard to the donation of a street rallmay car for the Roanoke Transportation Center and Railroad Museum under certain terms and conditions. Mr. Pollard moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure, The motion mas seconded by Hr. Dillard and unanimously adopted, UOUSING-SLUM CLEARANCE-AUDITORIUR-COLISEUM: Council having authorized and directed the City Manager to endeavor to obtain a year*s option from the City of Roanoke Redevelopment and Uousing Authority, granting unto the City of R mnoke th, exclusive right to purchase a triangular area of land situate In the Commonwealth Redevelopment Project and bounded On the north by Orange Avenue, on the east by Mllllamson Road and on the west by the future Interstate 501UJghmay Spur, containin~ 22 1/2 acres, at a purchase price of $S00,000, for use as a site for the proposed auditorium-coliseum, the City Manager submitted a written report, advising that the Redevelopment and Uousing Authority has agreed to grant unto the city a one-year option beginning May 1, 1963, as requested, and the City Attorney is now preparing the optio~ instrument for execution. After a discussion Of the matter, Rt. Jones suggesting that the repo~ of the City Manager be referred to the committee composed of Messrs. Robert A. Garland, Chairman, James E. Jones, Malter L. Young and Murray A. Stoller for its information. Mr. Dillard moved that action on the matter be deferred until the next regular meeting of Council and that the members of the body be furnished with copies of the option. The motion mas seconded by Mr. Pollard and unanimously adopted. STREET LICHYS: Council having previously referred to the city Manager for study, report and recommendation a request Of the Mildwood Civic League that six or eight additional street lights be installed in Thrasher Park, he submitted a mritten report, advising that he has had a study made of the request and does not believe the answer isstreet lights, but rather a series of lights which could be controlled by an independent switch, that the cost of installing a series of lights, completed with city forces, would be approximately $500, the City ianager recommend- lng the installation of the series of lights and the necessary appropriation to carry out the project, pointing out, however, that he does not believe this can be accomplished in the immediate futnre due to present commitments by city forces. After a discussion of the matter, Council being of the opinion that street lights would be installed sooner, Mr. Dillard offered the following Resolutio providing for the installation of six street lights: (~1523d) A RESOLUTION authorizing the installation of six 2500 lumen overhead incandescent street lights in Thrasher Park at locations to be approved by the City Manager. (For full text of Resolution, see Resolution Book No. 26, page 229.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: ~399 ! ;:400 AYES: Messrs. Dillard, Garland, Pollard, Mheeler, Young and Mayor Stoller ............................ WAYS: floae ................... O. (Mr. Janes not voting) BRIDGES: Council havlmg deferred until itt meeting of May the question of authorizing the City Manager to eaterlnto an agreement, for and on behalf of the City of Heanohe, ~lth the Norfolk and Mestern Roll.ay providing for the installation of a oe~ concrete deck on the Thirteenth Street Dridge by the Railmay Company at its sole cost and expense and for future malntenaoc* of theb~dge by the city at its sole cost and expense, in order that the City Manager might ascertain whether or not necessary land can he acquired by the city to eliminate the carve in the bridge ~hile it is being repaired, he submitted a ~ritten report, advising that his report on this matter will be delayed for two additional weeks until the information can be secured. On motion of Mr. Pollard, seconded by Mr. Jones and unanimously adopted, the report ~as filed. ANNEXATION-SCHOOLS: Council having directed the City Manager to ascertail under what arrangement children in the Edgehill sect]ne in Roanoke County are permitted to attend Roanoke City public schools, he submitted a ~ritten report, together with a copy Of the Roanoke City-Roanoke County agveemeot on exchange students. On motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted, the report ~as filed. With further reference to the £dgehill section. Mr. Pollard moved that the City Attorney be directed to advise Council as to the status of a petition of residentsof the Edgehill section in Roanoke County for annexation of the area to the City of Roanoke and te submit his recommendation in this matter., Mayor Stellar relinquished the Chair to second the motion which was adopted. Mr. Dillard voting no. ROANOKE VALLEY: Council having directed the City Attorney to advise the body what action would have to be taken by the political subdivisions in Roanoke Valley to create a consolidated valley government, he submitted the folloming report The Ronorable the Council o; the City o; Roanoke Gentle=e~: You hare requested me to gire you a report on the law to be co=plied ~ith in order ~to legally.effect a consolidation of the four governmental units located in the Roanoke Valley; the City of Roanoke, the County oY ~oanoke and the Town of Salem and ¥1nton. In my ~udgment, such consolidation could be accomplished by complying with Article 4, Chapter 9, Title 15 of the Code of Virginia, 1950, as amended. I have had ret]fax copies of the aforesaid article made and enclose each member of the Council one herewith. I find, though, that the 19~2 ~e~eral Assembly of ¥1rgtnio prohibited commencing consolidation proceedings, with certain '40~ exceptions, until 'the expiration or ninety days roll,wing the adjournment of the regular session of the 1964 Generul Assembly by enacting ~15-152.29 or the aforementioned Code which, insofar ns the four governmental units in question ere concerned reads us 'Hotwitkstanding any other provision of the lens of the Commonwealth. until the expiration of ninety days foil.wing the adJournment of the regular session of the General Assembly of Virginia of 1964: and (b) no county, city or town which has not hereto- fore (prior to June twenty-ninth, nineteenth hundred and sixty;two) held a consolidation referendum shall consolidate with any other county, city or town; As indicated, the exceptions following the proviso In the above quotation do not apply to any of the governmental units mentioned above. Hence. it would seem that no consolidation could be effected here until the expiration of ninety days following the adjournment of the regular session of the 1964 General Assembly. The 1962 General Assembly repealed, l=_qnits entirety, Title IS, 'Counties. Cities and Towns* of the current Code of Virginia, as amended, and, inlieu thereof, enacted Title 15.1; substan- tially all Of which is to becgme effective us of July I, 1964. The Virginia Code Commission heretofore sent me, for study and comment, Title IS.I as re-enacted. All of the article enclosed herewith is includedin that re-enactment and it is interesting to note that no change whatsoever is made in that article, This simply means that, unless amendments are made to the article by the 1964 GeneYal Assembly, the State law governing such consolida- tions as we are interested in will be precisely the same ninety days after the adjournment of that General Assembly as it is today, Whatever the law is now or may be foil.wing the adjournment of the regular session of the 1964 General Assembly. consolidation of the governmental units in this Valley, in my judgment, will never be accomplished until a definite majority of the citizens,of the Valley genuinely and actively desires it and, as much as I would like to see such a consolidation. I do not expect to have that privilege until it is conclusively accepted that such consolidation is flot ~ni¥ best for the Valley as a whole o._~r best for the County, the City and the Towns, OF all of them as governmental units, but it must .als9 be conclusively accepted, as 1 verily believe, that consolidation is likewi~ best for the individual cJtiz~n~ of all and singnlar the governmental units sought to be consolidated, The City Of Roanoke, it seems to me, might cause the benefits of consolidation to be so conclusively accepted by getting and keeping its own house in such commendable order that other governmental units in the Valley will honestly desire to become a part Of the City rather than remain politically independent and, accordingly. will seek consolidation with the City rather than force the City to seek such an alignment with them. Respectfully, City Attorney" On motion of Mr. Jones. seconded by Mr. Garland and unanimously adopted, the report was filed. REPORTS OF COMMITTEES: SEWERS AND STORM DRAINS: The committee appointed iff connection with the construction of an H-inch sanitary sewer to serve that portion of Hazelridge Road, N. W., between Frontier Road and Hershberger Road. and. also. that portion of 03klawn Avenue, N. W., between Hazelridge Road and Ninsloe Drive, submitted the foil,win9 report: 'Roanoke, Virginia May 3. 1963 The Council of the City of Roanoke Gentlemen: The undersigned committee, appointed by Ordinance No. 15142 and directed to ascertain and report to the Council, ':402 after proper public bearlog, the proper spportioumeot and assess- ment of the total cost of the aforesaid public improvement, reports the fol~ouing: The undersigned committee caused a notice o! Its public hear- ing to be published ia u local newspaper on April 20. 1963, the publisher*s certificule of said publication, together with copy of the notice so published being attached tn this report, marked *Exhibit Thereafter, end at the time and place appointed in sold notice, your committee wet and conducted a public hearing as provided by Article 2, Chapter 20. Title 15 of the Code of Virginia as amended for the purpose of uscertalning and reporting to the Council the proper assessment or apportionment of the total cost of such improvement between the City and the laud~mners abutting on and served by said improvement, affording to each and every landowner appearing or being represented at said hearing an opportunity to show cause if any they.could, against such assess- meat or apportionment. Rhereafter, and said Committee havingestimated the total cost of the construction of the public sewer lines to serve the properties abutting tbo~e portions of Hazelridge Road, N. and Oaklawn, N, M** set out in Ordinance NO. 15142 aforesaid, and havln9 apportioned the total estimated cost of s~id sewer project between theCity and the property owners capable of being served by said public improvement, have further ascertained and do hereby report upon *Enclosure A* attached to and made a part of this report, the estimated amounts of the individual assess- meats to be made upon each of the properties abutting on said improvement and upon their respective owners. Wherefore, your committee respectfully recommends that the Council, by ordinance, provide for the docketing in the Clerk*s Office of the Hustings Court of the City of Roanoke, as provided by law, of an abstract of Council*s said ordinance authorizing Such improvement and showing the omflership and location of the properties to be affected by the improvement and estimated amount that will be assessed against Or apportioned to each landowner affected by said improvement, the same to be indexed in the name of the respective owners of said properties. S/,,Robert A. Garland Robert A. Garland S! Roy R. Pollard, Sr. · Roy R. Pollard, Sr. S! Murray A, Stoller Murray A. Stoller * Mr. Pollard dissents, feeling that these several values of the ten easements involved should be, in a spirit of compromise, increased 25%, attached to and made a part of this report." In a discussion'of the matter, Mr. Pollard explained that he does not agree with the rest of the committee with regard to the amount to be paid for ten easements involved in the proposed sewer project, that he feels the total of $1,196 for the ten easements involved should be increased by 25~ for each respective easement. After a further discussion of the matter, Council being of the opinion that the easements should be obtained before any further action ts taken on the proposed sewer project, Mr. Rbeeler moved that the City Manager be directed to negotiate for said easements. The motion was seconded by Mr. Young and unanimously adopted. AIRPORT: Council having previously referred to the Airport Committee for study, report and recommendation a request of the Aerial Services ~orporation that hangar and shop facilities at Roanoke Municipal (No*drum) Airport be furnished said corporation, the committee submitted the following report: 'Ronnoke, Virginia May 13, 1963 To the City Council Roanohe, Virginia Gentlemen: . Vou referred to the airport committee a request of Mr. Harold Hromn of the Aerial Services Corporation in mhich he requests COne sidevation for the construction or a hangar to the airport of approximately 60' x lO0e for the building and 250 X 100t for the lean-to. The committee recommends the following: 1. That/public bids be secured on a building ns outlined either steel or aluminum, mith a concrete floor. 2. A proposal that the cost be amortized by this companl over a'period of 10 years with a reasonable negotiable lease 6 months prior to the end of the lease. It is suggested that there be incorporated in the lease that 6 months prior to the expiration that the Aerial Services Corporation appoint one person, the City of Roanoke appoint its auditor and they in turn select a third disinterested person to work out nam conditions of the lease. 3. The balance of the amortization be paid off in ten annual Installments with the prevailing interest rate in the Federal Reserve Histrict to apply on the balance. 4. Services to be provided to the property (at a point outside of the building but mithin the lease property). The ser- vices to be water, sewer, drains and the provision of a ramp and road egress--all to be provided by the City. 5. Pay prevailing royalty rate on fuel used. If they desire to install their own tanks, lease tanks or have fuel truck delivered. 6. Vhe lessee cannot compete with other city services excluding the right to rent unused space to others for hangar. 7. The lessee to conform with city policies with reference to the operations of the airport and comply with all city ordinances and state laws. 9. Lease to start 30 days after notice of completion and availability of the building by the City Manager to the lessee. 9. The approval of proposed plans by both the City and the Aerial Services Corporation prior to advertising and for public bids. Respectfully submitted, S/ Roy L. Webber Roy L. Webber, Chairman Roy R. Pollard, Sr. J. W. Hurress E. H. Vaught Milliam H. Carder Robert W. Moody T. E. Frantz, Marshall L. Harris" -404 After u discussion of the matter, Council being of the opinioo that If th bangor is constructed the interest rate on the balance of the amortization referred to in Item 3 should be fined at 5~. Mr, Pollard moved that the city Manager be directed to proceed to advertise for bids for the hangar on a turnhey basis. The motion mas seconded by Mr. Wheeler and unanimously adopted. WATER DEPARTMENT: Council baring referred bids on.supplying one heavy duty utility tractor, equlppedmith bachhoe, lo'der.and cab, to the Mater Department, to a committee composed of Messrs. Roy R, Pollard, Sr., Chairman, Arthur 5. Owens. Raymond E. Pillow and Bueford D. Thompson for tabulation and report, the committee submitted a written repo~t, advising that the bid of Baker Brothers, Incorporated, at a net cost of $5,994, is the lamest and best bid, and recommending that said bid be accepted. Mr. Pollard moved that Council concur in the recommendation of the committee and offered the following Resolution: (n15235) A RESOLUTION acceptin9 the proposal of Baker Brothers. Inc., for supplying one utility tractor to the Mater Department; authorizing the Purcbasin Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Rook No. 26, page Mr. Pollard moved the adoption of the Resolution. The motion was seconde~ by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Mheeler. Young and Rayor Stoller ............................ ?. NAYS: None ...................O. UNFINISHED BUSINESS: REFU~S A~D REBATES-LICENSES: Council at its last regular meeting having deferred action on the request of Mr. Thomas C. Scordas. that he be relieved of payment of the second half of retail merchants license and motel license for opera- tion of the Plaza Restaurant and Plaza Motor Court for the year 1963, in vies Of the opinion of the Assistant City Attorney that since Mr. Scordas purchased the licenses based on estimated 9ross receipts for the entire calendar year he can get an abatement on the licenses based on actual gross receipts for the three months of operation from the Commissioner of the Revenue without action of Coon il, the matter mas again before the body. In this connection, Mr. A. W. Gilbert, Deputy Commissioner of the Revenue appeared before Council and advised that under the procedure suggested by the Assistant City Attorney Mr. Scorda~ would receive a rebate of $94.46, but that the second installment on his retail merchants license and motel license totals $212.50 in the event Council decides to grant his request to be relieved Of payment Of the second half of these licenses. After a dtscusslqn of the matter, Mr. Young protesting that the first installment paid by Mr. Scordas does not cover the actual gross receipts derived from operation of the business for the first three months of 1963, and other member~ '4O5 of Coancil pointing out that the.beginner's licenses obtained by the purchaser of said business on April 1, 1963, mill, Bore than offset this difference, Mr. Pollard moved that Council grant .the request of Mr. Scordas and that the matter be referred to the City Attorney for p~eparation of the proper measure. The motion was seconded by Mr. Dillard,and adopted, Hr. Young voting no. With further reference to thi~ matter, the City Attorney pointed out that at its last regular meeting Council directed him to prepare the proper measure amending the City Code to parallel the State Cede whereby, in the future, purchasers of licenses in similar situations mill not be requ~ ed to pay the second installment on such licenses and that it is bis understanding the Tax Study Committee already has this question under serious consideration. Mr. Jones then moved that the question of amending the City Code to parallel the State Code uhereby purchasers of licenses ~ho go out of business the first half of the year will not be required to pay the second installment on such licenses be referred to the Tax Study Committee in connection mlth its study of the entire tax structure Of the City of Roanoke. The motion was seconded by Mr. Mheeler and adopted, Mr. Dillard voting no. CONSIDERATION OF CLAIMS: NONE. INTRODUCYION AhD CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15215, rezoning property located on the ~est side Thirteenth Street, S.W., between Campbell Avenue and Chapman Avenue, described as parts of Lot I and all of Lots 9, 10 and 11, Block 16, West End and Rivervie~, Official Tax NOS. 1220200, 1220209 and 1220217, from Special Residence District to Business District, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Young offering the following for its second reading and final adoption: (#15215) AN ORDINANCE to amend and reenact Title XV, Chapter of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 26, page 217.) Mr. Young moved the adoption Of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... NAYS: None ................... O. ZONING: Ordinance No. 15216, rezoning property located at 3108 Franklin Road, S. W., designated as Official Tax No. 1300402, from General Residence ~istrict to Business District, having previously been before Council for its first reading, read and laid over. was again before the body. Mr. Jones raised the question of obtaining an offer from the owners of the property for donation of a lO-foot strip of land for street widening purposes and moved that action on the Ordinance be deferred until the next regular meeting of Council. Yhe motion was seconded by Mr. Pollard and unanimously adopted. 406 STREETS A~) ALLEYS-PAR~S AND PLAYGROUNDS:'. Ordinance No. 15217, vacating, discontinuing and closing Averett Street, N. #., between MllllnWson Road nnd Hillcrest Avenue, and a small portion Of Round Hill Avenue, having previously been before Council for its first reading, read and laid OVer, was again before the ~ody, Hr. Young offeriog the following for its second reading and final adoption: (elS2l?) AN ORDINANCE to vacate, discontinue and close Averett Street, North Pest° between ~illlamsou Road and Hillcrest Avenue, a distance of 040.34 feet, nod a small portion of Round Hill Avenue immediately north of its iatersectioo with Averett Street, as shown on the map of Bowman Lawn Subdivision in the City of Roanoke, Virginia, dated January 28, 192§. of record in the Clerk's Office of the Cfrcuft Court of Roanoke County, Virginia, Jn Plot Book 2, at Page 13. (For full text of Ordinance, see Ordinance Book No. 26, page 2IH.) Mr. Young moved the adoption of the Ordioance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Rheeler, Young and Mayor Stoiler ............................ 7. NAYS: None ...................O. In this connection. Ordinance No. 15210, acceptin9 approximately t~o acre Council and advised that he has done some research among historical records since the last meeting of Council and that although surveys do not show a cemetery on the two acres of land in question historical records indicate that a cemetery is there, Mr. Barnes suggesting that the city use a ditcher to determine whether or not a cemetery is located on the site, and, if $o, that appropriate steps be taken to mark the location of the cemetery so it will not be desecrated. Mr. J. W. Munsey, 2703 Meadows Street, N. W., testified that he has seen 30 to 35 graves on the tract of land. Mr. G. O. Givens, Jr., 2716 ~eadows Street, N. W., stated that be has tombstones stacked up in the area. After a further discussion Of the matter, Mr. ~heeler offered the following Ordinance for its second reading and final adoption: (g15218) AN ORDINANCE accepting approximately two acres of real estate for park purposes and approximately 0.29 acre for street purposes from the heirs of Jonas Price Bowman; agreeing to construct, at the Cityts sole expense, as street in the land accepted for that purpose; and expressing this Council's appreciation to said heirs for their generosity. (For full text of Ordinance, see Ordinance Book No. 26, page 221.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller .....5. NAYS: Ressrs. Dillard and Young ......................................2. ~407 Nv. Pollard then moved that the city Attorney be instructed to prepare the proper measure directing the City tanager to ascertain if a cemetery is located on the two acres of land. The motion nas seconded by Mr. Nheeler and unanimously adopted. STHEETS AND ALLEYS: Ordinance NO. 15219. vacating, discontinuing and closing Bland Avenue, N.U.. Gvayson Avenue, N U., and an alley lying midmay betueen, for a distance of approximately 202 feet east from Nineteenth Street. having previously been before Council for its first reading, read and laid over, mas again before the body. Mr. ~heeler offering the follouing for its second reading and final adoption: (OlS21g) AN ORBINANCE enacted pursuant to the provisions Of ~1S-766 of the Cede of Virginia of 1950 as amended to date, providing for vacating, discontinu- ing and closing two undeveloped and unimproved streets known as Bland Avenue and Grayson Avenue. together uith an ucdeveloped and unimproved alley runnin9 midway betueen said streets, all of uhich are hereinafter more particularly described. (For full text of Ordinance, see Ordinance Book No. 26, page 222~ Ur. Uheeler moved the adoption of the Ordinance. The motion was secended by Ur. Pollard and adopted by the following vote: AYES: kessrs. Dillard, Garland, Jones, Pollard, ~heeler, ¥oun9 and M~yor Stoller ........................... NAYS: ~one ...................O. SETBACK LINES: Ordinance No. 15220, establishing setback lines on both sides of Brundon Avenue, S, U,, from a point approximately 150 feet east of Langdon Road to the western city limits, measured $0 feet from the established center line of Drandon Avenue, having previously been before Council for its first reading, read and laid over, was again before the body. In this connection, the City Manager advised that he has been unable to ascertain from owners of a tract of land located on the south side of Brandon Avenue, S. W., adjacent to the west corporate limits, described as Official Tax No. 16201010 and a tract of land located on the north side of Brandon Avenue, S. east,of Edgewood Street, described as Acreage, Lee-Hy Gardens, Official Tax No. 1610205. whether or not the establishing of such building setback lines will affect their plans for the construction of apartment buildings on the two tracts of land. Mr. Jones moved that action on the Ordinance be deferred until the next regular meeting of Council. The motion ~as seconded by Ur. Pollard and unanimously adopted. BUDGET-CITY MANAGER: Ordinance No. 15221, transferring $269 f~om Office Furniture and Equipment - Replacement to Office Furniture and Equipment - New nnder Section mS, *Manager,n of the 1963 budget, to provide for the purchase of a paper cutter; havtngpreviously been before Council for its first reading, read and laid over, ~as again before the body, Nv. Pollard offering the follo~ing for its second reading and final adoption: 408 (~15221) AN ORDINANCE to amend nad reordale Section S3, "Manager,' of the 1963 Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No. 26, page 224.) Mr. Pollard moved the adoption of the Ordinance. The motion nas seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones, Pollard and Mheeler ............5. NAYS: Mr. Young and Mayer Stellar .....................................2. ASSESSRENT OF PROPERTY: Council having previously deferred action on a Resolution accepting the proposal of Mr. J. Edward Rountrey, President. Tobin- Roan,rev. Incorporated. to make a study, at the sole expense of his firm. of the real estate tax assessment system presently used by the City of Roanoke, in order to study brochures on the scope of the work of the firm, the matter was again before the body. After a discussion of the matter, members of Council indicating that they would not authorize a change to be made, at this time. in the real estate tax assessment system presently in use in the City of Roanoke. Mr. Hheeler moved that the City Attorney be instructed to prepare the proper measure rejecting the generous offer of Mr. Roan,rev at this time. The motion was seconded by Mr. Garland and unanimously adopted. HOUSIItG-SLUM CLEARANCE-STATE IIICRgA¥S: Council having previously directed the City Attorney to prepare the proper measure providing for the convey- ance Of eighteen parcels of land set out in Ordinance No. 135TS to the City of Roanoke Redevelopment and Housing Authority and authorizing the execution and delivery of a deed therefor, he presented same; whereupon. Mr. Pollard moved that the following Ordinance be placed upon its first reading: (~15236) AN ORDINANCE providing for the conveyance of certain property owned by the City of Roanoke, located in the Commonwealth Redevelopment ProJect in the Northeast Section of the City of Roanoke. Yirginia0 to the City of Roanoke Redevelopment and Housing Authority. for a consideration of the proportionate part of the $1d,OTI.O0 credited upon the obligation of the City of Roanoke ia making of grants-in-aid to Commonwealth Redevelopment Project, and authorizing the execution and delivery of a deed therefor. RHEREAS, an agreement was entered into between City Of Roanoke and City of Roanoke Redevelopment and Rousing Authority on June 6, 1955, which was supple- mented by an agreement between the same parties dated December 18, 1957, providing for a slum clearance an'd redevelopment project in the Northeast Section of the City of Roanoke, designated as the Commonwealth Redevelopment ProJect; and NHEREAS, it was. provided in said agreements that the City of Roanoke, in order to assist the Authority in undertaking the troject, agreed to make and pay unto the Authority certain grants-in-aid against which were to be credited certain items performed and to be performed by the City of Roanoke, aud among which was to be credited a cash fair market value of the property owned by the City of RoanoRe 409 mi,bin the. Project area, mblch nas thee therein agreed to be conveyed by the City of Roanoke to the tied Authority; end WHEREAS, the City of Roanoke amos and has title to the hereinnfter described propdrty lying within the said Project area, and it nas determined satis- factorily to Council and to said Authority that the then cash fair market value of the said property was $14,671.00; and WHEREAS, by Ordinance No. 13575 adopted by the Council of the City of Roanoke, Virginia, on December 29, 1950. a deed of conveyance of said properities and certain easements, described by metes and bounds in said Ordinance, was approve~ by the Council for the City of Roanoke, Virginia, and the execution of the said deed was authorized and directed, conditioned upon delivery of said deed and recordation thereof with the contemporaneous recordation in the Clerk's Office of the Hustings Court for the City of Roanoke. Virginia. of a subdivision map of the Commonwealth Redevelopment Project. dated Janoary 6. 1959. prepared by Hayes. 5eay. Mn,tern and Mn,tern. Architects and Engineers. which said subdivision map of January 6. 1950. has never been. and will not be. recorded, because of changes necessitated in said Project by the location therein of a portion of Interstate Route No. 501; and WHEREAS. a new subdivision map of said Project area has now been prepared by David Dick and Harry A. ,all. Civil Engineers and Surveyors. dated April 1~..196: which said subdivision map will be placed of record prior to the execution of the deed authorized by this Ordinance; and WHEREAS, by Ordinance No. 15203 adopted by the Council of the City of Roanoke. Virginia. on April 29. 1963. a deed of conveyance of certain of said pro- perties, therein described by metes and bounds, and certain easements uithin said Project area was duly approved by the Council of the City of Roanoke. Virginia. and execution of said deed was authorized and directed, conditioned upon delivery of said deed and recordation thereof with the contemporaneous recordation in the Hustings Court Clerk's Office for the City of Roanoke, Virginia, of said subdivision map dated April 18, 1963; and WHEREAS. it is desired to also convey unto City of Roanoke RedevelOpment and Housing Authority the hereinafter described parcels of land for a consideration of the proportionate part of said $14.H71.00 credit, and a deed of conveyance for said properties has been prepared and has been approved by the City Attorney convey- in9 the hereinafter describe~ properties, being a portion of the same described in said Ordinance.No. 13575, and the same should be executed and delivered in order to carry unto effect said'agreements of June 8. 1955. and December lO. 1957. THEREFORE. BE 17 ORDAINED by the Council.of the City of Roanoke. as follows: That in order to consummate said agreements of June 8. 1955. and December 1§. 1957. end to carry into effect said Ordinance No. 15575. that the proper City officials be. and they are hereby, authorized and directed, for and on behalf of the City of Roanoke. to execute, affix thereto the official seal. attest :410 the same, and deliver the draftof deed, approved by the City Attorney, conveying, with special warranty of title, unto City of Roanoke Redevelopment end Housing Authority, all those certain l~ts or parcels of land lying and being ia the Common- wealth Redevelopwent Project area in the Northeast section of the City of Roanoke, bounded and described as follows: Parcel 1 Being Official Tax Appraisal No..3020301 · BEGINNING at a point which Is the southeast.corner of OrangeAvenae and Second Street, N.E.; thence with Orange Avenue, on a curve whose radius is 2699.93 feet~ Whose chord is N. B7o 52* 15" R. an arc dis- tance Of 135.B4 feet to a point on the same; thence leaving Orange Avenue S. 1° 31' 43" M. 26.21 feet to a point; thence N. 94° 32' O" M. 13b.45 feet to a point on Second Street; and thence mith the same N. 5o 34' 17' E. 8.2 feet to the place of BEGINNING, and being a part of Lot 1, Block 3, Official Survey Sheet Northeast 3, and being a portion of the same property conveyed to the City of Roanoke by Vernell Elliot, Graves, et al, by deed dated March 12, 1948, and of record in the said Clerkts Office in Deed Book ?66, Page 242. Parcel · Being Official Tax Appraisal.No. 2021120 Being Lot No. 6, according to the R. V. Fowlkes Map, as Shown by survey made for R. V. Fowlkes in the Northwest Section of Roanoke, August 30, 1924, by G. T. Momack, Civil Engineer, which map is of record in the said Clerk's Office in Deed Book 435, Page 378, and being the same property conveyed to the City of Roanoke by Jane hllson VJnsley and Melter W. Tinsley by deed dated Nay 31, 1951, and of record in the said Clerk*s Office in Deed Book 062, Page 1~6, Parcel 3 Being part of Official Tax Appraisal No. 2020424. BEGINNING at a point which is the following corner and distance from the present Southwest corner of Bart Avenue and Second Street, N. E. (formerly Jefferson Street) i.e.. N. 84° 25' 43" ~. 132.0 feet and S. 6° 42' 17" W. 106.38 feet to the actual beginning point. which is on the newly established South line of proposed g. S. Route 460; thence with same, on a curve to the right, an arc distance of 113.04 feet to a point (radius of said carte being 2899.93 feet, with a chord bearing and distance of N. 86° 01' 52" N. 113.64 feet); thence S. 5° IS' 00" M. 21.4 feet to a point; thence S. 67° O?* O0" E. 99.5 feet to a point; thence N. 25° 20' 00" E. 14.64 feet to a' point; thence S. 66° 42' 00' E. 13.45 feet to a point; thence N. 6° 42' 17" E.-,44,54 feet to the place of BEGINNING, containing 4338.0 square feet, more or less, and being the same property conveyed to the City of Roanoke, a Municipal Corporation, by Mary Lavinder, widow, James Jefferies, single, and Julia Logwood, widow, sole heirs at law of George Persinger. by deed dated February 1948, recorded in Deed Book 768, Page 304. Parce1 4 Being Official Tax Appraisal No. 2020430 BEGINNING at a point at the intersection of S~cond Street, N. E. (formerly Jefferson Street) and Orange Avenue (B. S. Route 460); thence with Orange Avenue on a curve to the right, an arc distance of 61.21 feet to a point (radius of said curve being 2899.93 feet, with a chord bearing and distance of No 69° 12' I0* N. 61.21 feet); thence 5.'$o 34' 17' M. 23.42 feet to a point; thence S. 64° 25* 43# E. 61.0 feet to a point on the west sideof Second Street; thence With same No 5° 34' 17' E. 23.53 feet to the place Of BEGINNING, containing 1584.0 square feet, more or less, and being a portion of Block 3, Official Survey Sheet Northwest 3, and being a portion of the same property conveyed to the City of Roaneke by Jennie Prunty, et al, bI deed dated Mai 13, 1948, and of record ia the Clerk's Office of the Hustings Court for the City of Roanoke Virginia, in Deed Book 772, at Page 278. Parcel S Being part or official Tax Appraisal No. 202041g. BEGIRNING at n point ma the esttblished South line of B. S~ ROute 460, the following courses end distances irma the rorwer Sonth- west corner of Bart Avenue and Second Street, N. E. (formerly Jefferson Street), i.e., N. 04o 25* 43* W. 307.55 feet and 3° 15' 00' R~ IO?.04 feet to the actual beginning point; thence S. 3o IS* O0" W. 21.6 reef to a point on the north line of Raleigh Avenue, N. B. (rormerl! Orange Avenue); thence with saBe N. 73o~33* 4?" #. 132.904 feet to a point on the established So~th line of B. S. Route 460; thence with some S. B2° 53* 35" E. 129.77 feet to the ploce of BEGINNXNG, containing 1,390 square feet, more or less, and being part of Block 3. Official Survey Sheet Northwest 3, and the intent of this description is to cover all the land formerly owned by Mary Simms and now caned by the City of Roanoke. lying between the established South line of B. S. Route 460 and the North line of Orange Avenue, N.E., and being the same property that was acquired by the City of Roanoke, Virginia, through condemnation proceeding entitled *City of Roanoke vs. R. E. Newsome, et als" and which decree of sale vesting title to the captioned property mas dated June 30, 1940, and admitted to record on July 30, 1940, in Deed Book ??4, Page 432, Of the Ilustings Court Clerkts Office for the City of Roanoke, Virginia. Parcel 6 Bain9 part of Official Tax Appraisal No. 2020420. BEGINNINO at a point on the newly established south line of proposed U. S. Route-4bO the following courses and distances from the present southwest corner of Hart Avenue and Second Street, N.B. (formerly Jefferson Street) i. e., N. 04o 25* 43* M. 247 feet, S. 6° 42' 17" M. 60 feet and S. 5° 15' 00" M. 49.57 feet to the actual beginning point; thence S. 5o 15' 00" M. 21.4 feet to a point; thence S. 13° 16' 00" R. 53 feet to a point on the present north line of Raleigh.Avenue. N. E. (formerly Orange Avenue)~ thence mith same N. 64° 30' 48" M. 19 feet; thence N. 60° 54* 29* M. 119.505 feet to a point; thence N. 3o 15' 00" E. 21.6 feet to a point On the newly established so~ h line of proposed U. S. Route 460; thence with same S. 02° 53' 35* E. 33.52 feet to a point of curve, thence with the same, on a curve to the left, an arc distance of 101.70 feet to the place of BEGINNING (radius of said arc being 2699.93 feet, with a chord bearing and distance of S. 83° 53' 55" E. 101;78 feet), containing 6420.0 square feet, more or less, and being the south part of Block Three (3), Official Survey Sheet Northwest 3. It is the intent of this description to cover all the land formerly owned by Mrs. Grace Go McDonald lying between the newly established ~outh line of proposed O. S. Route 4bO and the present north line ~f Orange Avenue. N. E., and being the same property that was acquired by the City of Roanoke from Mrs. Grace G. McDonald by deed dated March 3, 1940, and of record in the said Clerk's Office in Deed Book 766, Page 412. Parcel 7 Being Official Tax Appraisal No. 3022417. BEGINNING at a point on the north side Of Rutherford Avenue, 150 S. 88° 50* 36" E. 50 feet to a point; thence N. 1o 12' 59* E. 95 feet to a ten foot alley; thence with the latter N. BBo 36" ~. 50 feet to a point; thence S. 1o 12' 59' ~. 95 feet to the place of BEGINNING, and being known and designated as the southern half of Lot 235, Rard 4, according to the mop of the Roanoke Land and Improvement Company, and being the same property conveyed to the City of Roanoke, a Runictpal Corporation by William S. Hubard, Special Commissioner, by deed dated Aogust IS, 1952, and of record in the said Clerk*s Office in Deed Book 006, Page 317. Parcel ~ Being Official Tax Appraisal No. 3021710. BEGINNING at a point on the northside of ~alker Avenue, 400 feet west of Third Street (formerly Lee Street); thence with Ralker Avenue N. BBo W. SO feet to a point; thence N. ~o E. 100 feet to a point; thence S. 0~° E. SO feet to a point; thence S. 2° W. 100 feet to the place of BEGINNING, and being the south !:411 412 bali of Lot 265, Mard 4, Roanoke Land and Improvement Company, and being the same property cooveyed by John M, Milson, Jr** Special Commissioner, to City of Roanoke, by deed doted Bovember 10, 19S2, recorded in the Glerk°s Office of the Bustings Court of the City of Roanoke, VJrgioia, ia Deed Dooh Bgl, Page IS2. · Parcel 9 Beiog Offlolal~Tax Appraisal No. 3~20g01 DEGINNING at a poioI on the east side of Second Street, (formerly Jefferson Street), said point being the following two courses and distances from City Official Monument #1615: N. 59° 09' £. 62.2g feet and S, 40o 34* E. B feet; thence S. So 3g' W. I§O.I§ feet to a point on n rock wall; thence with same N. 59' M.$T.33 feet to a point on the east side of Second Street; thence with same N. 21° 35' W. 75.11 feet to a point; thence still with the same N. 32n 12' E. 82.94 feet to a point; thence still with the same N. 52° 44' E. 63.B9 feet to the BEGINNING, and being Lot 1,' Block $, Sheet 3,Northeasto and being the same property acquired by the City of Roanoke, Virginia, by deed In Deed Book 566, Page 172. Parcel lq Being Official Tax Appraisal No. 3020904 BEGINNING at a point on the Northeast corner of Madison Avenue and Second Street (formerly North Jefferson Street); thence with the East line of Second Street. N. 17o 27' M. S4.?1 feet to a paint On a rock wall; thence with the same S. B6° 59* E. 57.33 feet to a point; thence N. 5° 39* E. 65 feet, more or less, to a point; thence E. 30 feet to a point; thence S. 115 Avenue; thence N. DBo 47* N. ?0.47 feet to the BEGINNING, and being Lot 3, Block 5, Sheet 3 Northeast, and being the same property acquired by the City of Roanoke, Virginia, by deed dated Jane 20, 1931, from Robert billiamson, et al, and recorded in the said Clerkts Office in Deed Book 566, Page Puree! I[ Being part of Official Tax Appraisal No. 3020312 BEGINNING at a point on the southerly line of Orange Avenue, N. E.. U. S. Dlghway Route 460. 240.26 feet ~esterly from the point of intersection of the southerly line of Orange Avenue with the westerly line of Courtland Road, N.h., formerly 4th Street, said beginning point being 58.61 feet westerly from the beginning point in the original description of this parcel; thence leaving,the southerly line of Orange Avenue and with the right-of-way line of Interstate Highway No. 501S. 3° ~0' E. 45.2 feet; thence leaving the right-of-way line and with the rear line of this ParcelS. B4° 09' 22" M. ?.04 feet to a point; thence mith the westerly lice Of this Parcel N. lo 11* BO" E. 45.63 feet to a point on the southerly line of Orange Avenne; thence with the same N. 86° 30* 40" E. 3.34 feet to the point Of BEGINNING, containing 235 square feet. more or less, and being the southwest portion of Lot 13, Block 2 of the Bart Addition Map, and being a portion of the same property conveyed to the City of Roanoke by deed from Garvester Harrington and Elouise Darrington, dated February 16, 194B, recorded in the Clerk's Oflice Of the Hustings Court for tee City of Roanoke, Virginia, in Deed Book 764, Page 416, and also acquired by quit-claim deed from C. Ko Lemon, widower, dated April 17; 195B, and no~ of record in the said Clerk's Office. Parcel 12 Being part,of Official ~ax Appraisal No. 3020312 BEGINNING at a point on the newly established south line of U. Romic 460, the following courses and distances from the former S. 88° 46' 22" W. 251.0 feet and S. 1o 11' O0~ N. 28.17 feet to the actual beginning point; thence S. 1° 11' 00' M. 45.63 feet to a point on the oorlh line of a ten foot alley; thence with same S. 84~ 09* 22" ~. 63.41 feet to a point; thence l° 11' 00" E. 48.34 feet to a point on the newly established south line Of U. So Route 460; thence with same N. 06° 40" E. 63.15 feet to the place of BEGINNING, containing 2962.0 '418 11 and 12, Block 20 of the Hart Addition Map. It la the intent of this description to cover nil the land formerly owned by C. R. Lemon et ux, lying between the newly established south line of U. S. Route 460 and the north line of the tea foot alley. Ail bearings refer to the meridian of the Official Survey of Roanoke City. See Plan ~o. 3685-6§ on file la the office of the City Engineer, and being the same property conveyed to the City of Roanohe by deed from C.. ~. Lemon and Llllle Ross Lemon. his wife, dated January 23° lg4H, recorded Ja the Clerkts Office of the Hastings Coart for the City of Roanoke in Deed Rook 765, at Page 3fl8. Parcel 13 Being part of Official Tax Appraisal No. 3020308 BEGINNING at a point on the newly established line of U. S. Route 460, the following courses and distances from the.former south- Jefferson Street) i.e., s. 94o 25* 43* E. 3gl.5 feet and S. 4o 00' 00' W. 32.51 feet to the actual begineiog point; thence with the newly established south line N. 66n 30'40' E. ?O.4g feet to a point; thence S. 5° 34* i?' M. 43.6 feet; tbence,N. HOo 00' ~. 6§.77 feet; thence N. 4° 00' 00" E. 3T.49feet to the place of BEGINNING, containing 2809.0 square feet, more or less, and being a portion Of the property formerly owned by Sallie Lawson, widow, lying south of the newly established south line Of U. S. Route 460. All bearings refer to the meridian Of the Official Survey of Roanoke City. See Plan NO. 3695-b0 on file in the Office of the City Engineer, Roanoke. Virginia, and being the same property conveyed to the City of Roanoke, Virginia, a ~unicipal Corporation, by deed dated March 6, 1948, from Sallie Lawson, widow, recorded in the ClerkJs Office of the Hustings Court for the City of Roanoke, Virginia, in Deed Book 765, at Page 368. Parcel !4 Being part of Official Tax Appraisal No. 3020308 BEGINNING at a point on the newly established south line of U. S. Jefferson Street) I. e., S. 04° 2S' 43' E. 528.0 feet and S. So 34' 17' W. Ia.gM feet to the actual beginning point; thence with the newly established south line of U. S. Route 460, N. 06° 30* 40' E. 33.68 feet to a point; thence S. 6° 02' 50~ R. 57o12 feet; thence N. 0B° 2O* 00# ~. 32.87 feet to a point; thence ~. ~o 34' i7' E. S4.12 feet to the place of BEGINNING, containing Gainsborough Rap. It is the intent of this description to cover a portion of the land formerly owned by Sarah Banks et vir lying south of the newly established south line of U. $. Route 460. All bearings refer to the meridian Of the Official Survey of Roanoke City. See Plan No. 368So62 on file in the Office of the City to the City of Roanoke by deed from Sarah Banks and John Banks, Office Of the Hustings Court for the City of Roanoke, Virginia, in deed Hook 766, at Page 134. Parce~ !5 Being Part of Official Tax Appraisal No. 3020308. BEGINNING at a point on the newly established south line of U. S. Jefferson Street), i. e., S. 04o 25* 43* E. 462.0 feet and S. 5o 34* 17' N. 21.4 feet tothe actual beginning point; thence with the newly established south line of U. S. Route 460, N. 86o 30' 40' E. 66.84 feet to a point; thence S. 5° 34* 17' ~. 54.12 feet; thence N. 94° 25* 43" M. 66.0 feet; thence N. 5° 34' 17' E. 43.6 feet to'the place of BEGINNING, containing 3224 square feet, more Harris. lying south of the newly established south line of U. S. Route 460. All bearings Yefer to the meridian of the Official Survey of Roanoke City., See Plan' No. 3695-61 on file in the Office of the City Engineer. Roanoke, Virginia, and being the same property conveyed to City of Roanoke. Virgl~ia. a municipal Hurnett Harris) and wife, dated February 13. lq$O, recorded in the Clerk*s Office of the Hustings Court for the City of Roanoke. Virginia. in Deed Dank 764, at Page 41. Parcel Being port of Official Tau Appraisal No. 302030G BEGINNING ut n point .on the newly, established south.line of O. S. Route 460, the following courses ned distances from the former southeast coraer~ of Bart Avenue nod Second .Street, N.E** ((ormerly Jefferson Street) i. e.. S, B4° 25* 43" E. 561.31.feet and S. 6~ 02'.50" I. 5.57 feet to .the actual beginuJog point; thence with the south line of B. S. Route 460. N.' 66° 30' 40" E. 33,77 feet to a point in the west line of the Bart Addition; thence mith same. S, 6o 31' 22" #. 60.14 feet to u point; thence N. 660 20* O0" R. 32.91 feet to a point;thence N. 6° 02° 50" E. 57.12 feet to the place of HEGINNING. containing 1938.0 square feet. more or less. and he/ag n portion of Lot 36 of the Galosboroogh addition Map.. It is the intent of this description to cover all the land formerly owned by Harry Gouda et uxlying south of the neuly established south line of ~. S. Route 460. All bearings refer to the meridian of the Office Survey of Roanoke City. See Plan No..3685-63 on file in the office of the City Engineer. Roanoke, Virginia, and being the same property conveyed to the City of Roanoke by deed from Harry Gouda et ax, dated April 5, 1948o recorded in the Clerh*a Office of the Bustings Court for the City of Roanoke, Virginia, in Deed Book 769, at Page 15. Parce~ l? Being part of official Tax Appraisal No. 3020312 HEBINNING at a point on the newly established south Ii*ne of U, S. Route 460, the following courses and distances from the former southeast corner of Hart Avenue and Fourth Street, N. E., i. e., S. 80o 46' 22" R. 314.0 feet and S. 1o 11' 00" R. 30.66 feet to the actual beginning; thence S. 1o 11' 00" 48.34 feet to the north line of a ten foot alley; thence with same, S. 047 09' 22" W. 39.49 feet to a point on the west line of the Hart Addition; thence with same W. 6o 31' 22" E. 4g.9 feet to a point on the newly established south line of U. S. Route 460; thence with same N. 86° 30' dOW E. 33.81 feet to the place of BEGINNING, containin9 1749.0 square feet, more or less, and being the south part of Lot lO, Block 2 of the Clayton I. Hart Addition map referred to above. It is the intention of this description to cover all the land formerly owned by the heirs Of Henry Calloway, deceased, lying between the newly established south, line of U. S. Route 460 and the north line of the ten foot alley referred to above. All bearings refer to the meridian of the Official Survey of Roanoke City, and being the same property conveyed by C. K. Lemon et ux unto tlenry Calloway by deed dated November 9, 1937, of record in Deed Book 629, Page 436, of the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, and being a part of the same property decreed to the City of Roanoke in a condemnation proceedings dated June 13, 1940, recorded in Deed Book 7?4, Page 432, by the Court of Law and Chancery for the City of Roanoke, Virginia, Parcel !,~ Being O£flclal Tax Appraisal No. 3020310 BEGINNINO at a point onthe north side of Clayton Avenue, also known as Diamond Hill Alley, at a point 431 1/2 feet, more or less, west from the northwest corner Of Fourth Street and Clayton Avenue, N. E.; thence in a Northerly direction 100 feet, more or less, to a point; thence tn a Nesterly direction 30 feet to apoint; thence in a Southerly direction'lO0 feet, more Or less, to a pointon Clayton Avenue; thence with said Clayton Avenue in an Easterly direction 30 feet to the place of BEGINNING, and being the Easterly 30 feet to the Lot Wyatt Rose conveyed to Ellen Rose by deed dated April 5. 1906, recorded in the Clerk's office of the City of Roanohe, Virginia, in Deed Book 163, Page 2gT, which was the southern port of Lot 37 in the Plat of the Town of Cainsborough, which mas conveyed to Ryatt Rose bi deed of record in Deed Book Page 209, in the said Clerk's Office, and being the same property conveyed to the City of Roanoke, a municipal Corporation, by RurrayA. Stoller,.Special Commiss.ioner, by deed dated December 11, lg51, recorded in the said Clerk*s Office in Deed Book 870, Page 220. HE IT FIJRTHER ORDAINED that said deed, for and on behalf of the City of Roanoke, shall not be delivered and recorded until there shall have been recorded in the Hustings Court Clerk*s Office for the City of Roanoke, Virginia, said sub- division map of the Commonwealth Redevelopment Project area dated April 16, The motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. Mr. Nheeler then moved that the City Attorney be instructed to prepare the proper measure directing the City Homager to see that the city receives proper credit for the grants in aid to which it is entitled pursuant to an agreement between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke for the eighteen parcels of land in question. The motion was seconded by Mr. Pollard and unanimously adopted. MOTIONS AND MISCELLANEOUS BUSINESS: EXPLOSIVES: Mayor Stoller stated that it has been brought to his attentio* juveniles are purchasing sodium chlorate and ammonium nitrate in small quantities and that these chemicals can be mixed to form dangerous explosives, Mayor Stoller expressing the belief that an Ordinance prohibiting the sale Of these chemicals to juveniles should be adopted. Mr. Garland pointed out that there are similar chemicals that can be purchased ~hich are equalll dangerous. Hayer Stoller relinquished the Chair and moved that the City Attorney be directed to prepare the proper measure, with the aid of Mr. Garland, prohibiting the sale of sodium chlorate, ammonium nitrate and similar chemicals to juveniles. The motion was seconded by Mr. Pollard and unanimously adopted. On motion of Hr. Dillard. seconded by Mr. Pollard and unanimously adopted. the meeting was adjourned. ATTEST: APPROVED '415 ;.416 COUNCIL, REGULAR MEETING, Monday, Msy 20, 1963. · .The Council of the City of Rosnohe wet In regular meeting in the Council Chamber is the Municipal Building, Woodsy, May 20. 1963, at 2 p.m., the regular meeting hour, with Mayor Stoller presiding. PRESENT: Yessrs. Dillard, Garland. Jones. Pollard, Wheeler, Young and Mayor Stoller ............................. 7. ABSENT: None ...................O, OFFICERS PRESENT: Mr. Arthur S. Oleos, City Manager, Mr. Randolph G. Whittle, City Attorney, and Rr, J. Robert Thomas. City Auditor. INVOCATION: The meetio9 was opened ~ith a prayer by the Reverend V, ¥. Voelker, Pastor, Riverland Rood Baptist Church. MINUTES: Copy of the minutes of the r~gular meeting held on Monday. Way 1963, having been furnished each member of Council. on motion of Mr. Pollard. seconded by Mr. Young and unanimously adopted, the reading thereof was dispensed nlth and the minutes approved as recorded. BgARING OF CITIZENS UPON PUBLIC MATTERS: BROADCASTING-PARKS AND PLAYGROUNDS: Mr. Frank T. Tirico. General Manager, Roanoke Independent Broadcasters. Incorporated, appeared before Council and requested permission to mount an antenna on the tower atop Mill Mountain for broadcnst usage. Mr. TJrico explaining that the corporation must first have a definite site for the location Of the antenna before It can proceed with tentative plans to bring additional television service to the public and suggesting that if there is any legal barrier to use of the taler by Roanoke Independent Broadcasters, Incorporated, consideration be given to furnishing a suitable site on which a new to.er can he erected. On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the request was referred to the City Manager and the City Attorney for study, report and recommendation to Council. PETITIONS AND COMMUNICATIONS: TRAFFIC: A communication from Mr. Starer P. Ware, Jr., President, Roanoke Fine Arts Center, requesting that Kirk Avenue. S. W., be closed from B n.m. until 5 p.m. June 1, 1963, so that an outdoor Arts Festival can be held, an~ that the Department of Parks and Recreation be allowed to participate in the promotion and arrangements of this event, was before Council. Mr. Wheeler moved that the request be granted and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Young and unanimously adopted. INVITATIONS: Council having previously declined an invitation from H. H. hackman, President, National Rivers and Harbors Congress, to city officials attend the SOth Annual National Convention of the National Rivers and Harbors Congress to be held nt the #nyflouer Hotel in Wnshington, D. C., June 4-7. 1963, n communicntion from Hr. Hlllinm X. Webb, Executive Vice President, suggesting thnt Council consider requesting Ronnoke*s Representntive in the Congress of the United Stores to represent the city ns o delegate to the.convention uhich deal ulth mutters Of vitnl concern to the inhabitants or Roanoke, uss before the body. Council being of the opinion thnt the streams in. the Ronnoke area ore not of sufficient size rot the City of Roanoke to benefit from the convention. Jones moved that the communication be received and filed. The motion wns seconded by Hr. #heeler and unanimously adopted. STREETS AND ALLEYS: A petition of Mr. Hampton M. Thomas, Attorney, representing Richard R. Rsmlett and Nancy H. Hsmlett. requesting that n 12-foot nile extending from the westerly side of Denniston Avenue. S. M., into the property situated et the westerly corner of DennJston Avenue and Mestover Avenue, ~hlch said alley runs parallel to Mestover Avenue n distance of approximately 256 feet, he vacated, discontinued and closed, was before Council. On notion of Mr. Garland. seconded by Mr. Pollard and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. Mr. Mheeler then offered the following Resolution providing for the appointment of viewers: (~15237) A RESOLUTION providing for the appointment of five rinsers ta connection with the application of Richard R. Uamlett and Nancy M. tlamlett to permanently vacate, discontinue and close that certain unopened paper alley extendin~ from the westerly side of Denniston Avenue. S. ~., into the property situated at the westerly corner intersection of Genniston Avenue. S. M.. and Westover Avenue. S. M.. mhich said alley runs parallel to Westover Avenue. S. M. (For full text of Resolution, see Resolution Book No. 26. page 237°) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the followin9 vote. Mr. Dillard objecting to the term "paper" alley: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................................ HAYS: Mr. Dillard ...................1. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommendin9 that street lights be installed et various locations in the city. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the follouing Resolution: (315238) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution, see Resolution Hook No. 26. page 238.) .417 418 Hr. Pollard moved the adoption or the Resolution, The motion mss seconded by Mr. Mheeler smd adopted by the following vote: AYES: #easts, Dillard. Outland, Jones, Pollard, ~heeler. Young smd Molar Stoller .............................. 7. NAYS: None ......................O. EASEMENTS-STATE HIGIMAY$: The City Manager submitted n written report, advising that the city acquired on easement along the front of property formerly owned by Mr. R. B, Layman on Peters Creek Road, N. M.. for the construction of slopes for lateral support in connection with the Virginia State Route 117 Project, but that since the Pure Oil Company, present owner of the property, bas filled in its land adjacent to the street to the grade of the street, the need for the easement has been eliminated, the City Manager recommending that the easement be released. After o discussion of the matter, some of the members of Council being of the opinion that the city should be reimbursed the same amount it paid Mr. Layman fo the easement, Mr. Nheeler moved that the matter be referred back to the City Manager to negotiate mith the Pure Oil Company for said easement. The motion was seconded by Mr, Pollard and unanimously adopted. EASEMENTS-APPALACHIAN POWER COMPANY-SERER AND STORM DRAINS: The City Manager submitted o written report, requesting that Ordinance No. 15133, providing for the acquisition of a perpetual easement for a 5-foot mide sewer right of way through property of the Appalachian Power Company located between Riverland Road. S. E., and Roanoke River. to serve certain areas of the Roanoke Industrial Center. be amended to provide for relocation of said right of Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15239) AN ORDINANCE amending Ordinance No. 15133. providing for the acquisition of a perpetual easement for a sewer right of way through property of Appalachian Pouer Company located between Rtverland Road, S. E., and Roanoke River; and providing for an emergency. (For full text of Ordinance, see Ordinance Dank No. 26, page 239°) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the follo~ing vote: AYES: Messrs. Dillard, Oarland, Jones, Pollard, Nheeler, Young and Mayor 5toiler .............................. 7. NAYS: None ......................O. JUVENILE DETENTION HOME: Council having extended for on additional period of six months the effective period of Resolution No. 14847. authorizing the proper officials of the Virginia Department of Melfare nnd Institutions to use the ROanoke Juvenile Detention Home ns a center for the study of children held in detention there for on experimental period of three months, beginning July 1, 1962. the City Manager submitted · mritten report, recommending that the Resolution aRain be extended for six months. Mr. Garland moved that Council concur In the recoomendatJon of the City Manager and offered the follouimg Resolution: (=15240) A RESOLUTION extending the effective period of Resolution No. IS022 for an additional period of six monlhs. (For full text of Resolution, see Resolution Boob No. 26. page 240,) Mr. Garland hayed the adoption of the Resolution. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Mheeler. Young and Mayor Stoller .................................. 7. NAYS: None ...... WATER DEPARTMENT: Council having previously directed the City Manager to advertise for bids for purchase of approximately 100,000 board feet of timber on the Muse Spring property, the City Manager submitted a written report, advisin9 that the area has been examined by representatives of the Virginia Division of Forestry who are Of the .opinion that the area should be cut almost clear, leaving only seed trees, or left entirely alone, the City Manager calling to Council*s attention before a final decision is made the fact that if the city calls for bids and awards a contract for the project there would be a series of tree stumps in the area, that the land Is valuable for park space and Council might want to consider leaving the area in the status quo pending the completion Of the several surveys non being made with reference to park land. After a discussion of the matter. Mr. Young moved that the question be tabled. The motion was seconded by Mr. Pollard and unanimously adopted. REPARTMENT OF PUBLIC WELFARE-SCHOOLS: Council at its meeting on July $, 1961, having expressed its willingness to lease to the Northeast Nursery School Board property located on the east side of Fifth Street. N. N., north of Hanover Avenue, Official Tax Nos. 2031401-2031d04, inclusive, on which to continue its nnrsery school, the City Manager submitted a written report, advising that the Hoard has been able to secure a tentative loan for the construction of the school building, but that since the property is not owned by the Board there is some doubt as to whether the loan for the construction of the nnrsery school can be completed, the City Manager recommending that the lots be sold to the Northeast Nursery School Board for $285.71 per lot. On motion of Mr. Jones, seconded by Mr. Dillard and unanimously adopted, the matter was referred to the City Planning Commission for study, r~port and recommendation to Council. FIRE DEPARTMENT: Council havin9 directed the City Manager to ascertain whether or not the plans for a new Garden City fire station, as prepared by Mr. Alba K. Simmons, Architect, are dp to date, and, if so, to submit an estimate of the cost of such fire station, he submitted a written report, advising that the Chief of the Fire Department has informed him he cannot recommend a station of this type for a paid company and has submitted a modernized plan which has been L419 :,420 delivered Lo the committee composed ot Messrs. Benton O. Dlllnrdo Chlirmnn, James Jones nnd Walter L. Young for its information mith regard to its study of the matter On motion of ira~ Dillard. seconded by Wt. Young end unnnimously adopted, the report was filed, · LICENSES: Council having referred the question of mhether or not non- profit' organizations conducting rnmmsge soles ns s fund raising project ore subject to · license tax back to the City Attorney for the purpose of ascertaining uhat other Cities of comparable size In the State of Virginia are doing ulth regard to this question, he submitted a mritten repo~t, together with the resultsof the poll, the City Attorney pointing OUt that it is interesting to note no city ansmering the poll imposes a license tax of any klndfor church suppers, church bazaars, etc. Mr. Jones Stated that he is inclined to follom the policy of those cities which do not require a license tax of such organizations, but require sold organi- zations to secure a permit from the City Manager, Mayor Stoller stated that he likes the Ordinance in effect in Baflpton whereby if the commodity sold is sold for such a period of time as to be effectively competitive with private business, then a license Js required, and relinquished the Chair to move that the City Attorney be directed to obtain a copy of the Hampton License Code for the purpose of ascertaining whether or not it is applicable to the situation in Roanoke. The motion mas seconded by Mr. Dillard and unanimously adopted. ' HOUSI~G-SL~M CLEARANCE-AUDITORIUM-COLISEUM: The City Manager having advised Council that the City of Roanoke B~devplopment and Housing Authority has aqr~pd to grant unto th~ City of Roanok~ a o~e-y~ar option heginnin9 May 1, 1963. on the purchas~ of a triangular ar~a of land situate in th~ Commonwealth R~dev~lopm~ Project and hound~d on the north by 0rang~ Av~nu~ on th~ ~ast by ~illlamson Road and on th~ w~st by th~ future Int~rstat~ 581 Highway Spur, containing 22 1/2 acres, at a purchas~ pric~ of $500,000, for use aa a site for the proposed auditorium- coliseum, and Council having directed the City Attorney to furnish =~mb~rs of tap body with copi;s of the option as drafted, h~ presented same. Mr. Garland moved that Council approve the option as drafted, Th~ motion was seconded by Mr. Pollard and unanimously adopted. OIlY AUDITOR: Yh~ City Auditor submitted a montMy statement of the r~c~ipts and disbursements Of the City Of Roanok~ for th~ fiscal p~riod commencing January 1, 1963, and ended April ~0, 1963. On motion of Mr. Mhp~lert seconded by Mr. Young and unnnimously adopted, the r~port was REPORTS OF COMMITTEES: HEALTH DEPARTMENT: Council having referred bids on a n~w x-ray machine foz the H~altb D*partm~nt to a committ~ for tabulation and report, th~ committpp submitted th* following r~port: ~Ra7 i6, 1~63 To Th~ City Council Rolnoh,. Virginia Spol,d bids wpr, rpcplved and publicly openpd and r, ad b,for, City Council on Ray 13. 1~63 rot on, (1) new X-Ray Machine for the flpalth Dppurtment. Th* bids w*r~ r*f*rr,d to a commltte~ for tabulation and report to ~ouncil. Specifications used in securing the bids required that X-Ray Rachin. bt *quipped with a fO. g5 lens. However. consulting authoritips It was discowr~d that an X-Ray #achin. with a fO.6T l.ns will rpduc* radiation consldprably more than tbs fO.g5 lens. Sp*cificatlons us,d by fed*roi ag~nci*s r*quir*s th~ fO.6T l,ns. Also it was discowrpd with · fO.GT lpns. It is the opinion of th~ comultt~ that th. bids should b. with an f0o67 l~ns. Resp.ctfully submitted. S/ Rob.ri Ay Garland S/ Roq.r C, Grad¥, M. D. Dr. Rog*r C. Grady, Commission*r of It*nlrb S/ B, Cl~tus Brovl~s H. Cl~tus Groyles, Director of Public Norhs S/ B, Bt Thompson Bueford G. Thompson, Purchasing Agent" In this connection, Mr. gllliam R. Ruth*rford. r*pr*s~ntativ~ of specifications from a fO.~5 l~ns to a f0.67 l.ns, Mr. Ruth.rford pointing out that only on. firm manufactures th~ fO.6T l~ns and assuring Council that th~ fO.~5 l~ns is widely uspd by governmental agencies. adopted. GARBAGE R£MOVAL-PARKS AND PLAYGROUNDS: The committe~ composed of Vincent S. Rb~l~r, Chairman, Benton O. Dillard and Roy R. Pollard, Sr., which is ma~Jng a study of r~pairing and modernizing th~ city incinerator, submitted a written progress report on preparation of plans for the project. On motion of Mr. Dillard, s*cond~d by Mr. Pollard and unanimously adopted, the report was filed. UNFINISHED BUS BUDGET-RECREATION DEPARTMENT: Council at its last regular meeting having wor~ inadvortpntly omitt.d in preparation of its 1963 budgot and that $1,000 421 ;422 Equipment under Section SilO. UR,creation Department.' of the 1963 badger, to cover on Increase in th~ cleaning bill for additional sandlot football equipment° in ordel that ri, nb,rs of the body might receive additional infornatlon on th~ increase in the cleaning bill and th, policy faf the upkeep of sandlot football equipment, the mutt~r was again b,for, Council. In this connection, the City Manager presented the following ,xplanation from the Director of Parks and R~cr~ation: *Hay 17. 1963 Hr. Arthur S. Owens City Hanag~r Roanoke, ¥irgJnla the transfer Of $10g0.00 from Account 110. Cod~ 40 to Account 110. Cod~ 29 for the r~novation of sandlot football ~quipn~ut the following facts ar~ listed: (1) Pleas~ conwy my apologi~s to City Council r~gardlng the wordin9 of my lettere as I con see a questionable doubt. (2) The r~novation of the ~qulpnent for last year Jane (1962) cost $OtOO0.0g. This was for the $20.0g0.00 of equipment on hand. The City paid $2.0g0.00 the amoont allotted in the budget nod ! prevailed upon the Chamber of Commerc~ to pay the other 91.000.00 from th~ sandlot football fund.~ (3) During September we added th~ additional $5.0gO. Og of new equipment. (4} A savings of $500.00 was nad. this year when I secured the services of a local firm to clean and repair the pants. Before this year we ~ere paying $1.9~ per pair, the local flrn gaw m~ a price of $.~5 ~acb. The helmets and Shoulder pads have opportunity to check it all. (6) Th~ City o~ ~oanokp rpnoratpa all ~quipmpnt once a S/ Rex T. Mitchell, Jr. Rex To ~itch~llo Jr. Mr. Young moved that Council concur in the recommendation of the City (=15241) AN ORDINANCE to amend and reordain certain $~ctions of the 1963 (For full text of Ordinance, see Ordinance Book No. 26, page 241.) by Hr. Nh~l~r and adopted by th~ following vot~: Moyor Stoll~r ........................... 7. NAYS: Non. ...................O. CONSIDERATION OF CLAIKS: NONE. INTRODUCTION AND CON5IDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15216, fez,ming property located at 3108 Fraablin Road, S. M., Official Tax No. 1300402, from General Residenc~ District to Dusiu~ss District, having previously bp~n befor~ Council for its.first reading, read and laid over, nas again befor~the body. In this connection, NF. N. Caldwell Butler appeared before Council and presented a communication signed by owners Of property contiguous to the tract of land proposed to be r~zoned, and a petition signed by 40 property owners in tb~ vicinity, objecting to the proposed r~noning, NFo Butler protesting that the grade at the rear of the property at 3108 Franklin Road, S. N., Js too steep for access from Franklin Road and that the only access to the rear of the property is Orchard Road on which his property fronts. After a discussion of the matter, Rro Earl A. Fitzpatrick, Attorney, representing the own.rs of the property requested to be rezon~d, raising the questloi as to whether or not the properties set forth in the communication from Nr. Rutlor are actually contlguousto the property of his clients. Nr. Pollard movod that the mstter again be carried over until the next regular m~eting of Council. Th~ motion was s~cond~d by Hr. Dillard and unanimously adopted. ZONING-SETBAG~ LINES: Ordinance No. 15220, ~stablisbing setback lines on both sides of flrandon A¥~nue, S. #** from a point approximately 150 feet past of Langdon Road to the western city limtts~ measured 50 feet from th~ established line of .random Ay. nee, having previously been before Council for its first reading, read and laid over, was again before th~ body. In this connection, the City Manager advised that he has been informed the owners of a tract of land located on the south side of Brandon Avenue, S. ~o, adjacent to the west corporate limits, Official Tax No. 1620101, and a tract of land located on the north side of Brandon Avenue, 5. N., east of Edgewood Street, described as Acreage, Lee Hy Gardens, Official Tax No. 1610205, that th~ proposed building setback lines will not affect their plans for tho construction of apartment buildings on the two tracts of land, Nr. Young offered tho following Ordinance for its second reading and final adoption: (~15220) AN ORDINANCE establishing building setback lin~s on both sides of Drandon Avenue, 5. W.. iron a point approximately 150 f~et east of Langdon Road to th~ w~st.rn City limits. (For full toxt of Ordinance, see Ordinance Book No. 26, page Hr° Young moved the adoption of the Ordinance. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Nessrs. Garland, Jones, Pollard, Wheeler, Young and Nayor 5tollpr ........................................ NAYS: Mr. Dillard ...................1. 423 424 HODSZNGoSLDM CLEARANCE-STATE HIGHRA¥S~ .Ordinance No. 15236, providing for the convey&nc* of eighteen parcels of land set Out.inOrdinance No. 13575 to the City of Roanqke Redevelopment and Hoasin9 Authority and authorizing the execution and delivery of a deed thor.fort having pr*vi?only been before Council for its.first reading, read and laid over, mas.again before t~e body, Mr. Mheeler offering the the follomlng for Its second readiog nad final odoptfon~ (w15236) AH 0RDINANG£ providing for the couveyanc~ of certain property ouned by the City of Roanoke, located in the Commonwealth Redevelopment Project In the Northeast 5ectlon of the City of Roanoke, Virginia, to the City of Roanoke Red~velopu*nt and Housing Authority, for a consideration of th~ proportionate part of th~ $14,571.00 credited.upon the obligation of the City of RoanoRe in mshing of grants-in-aid to Commonwealth Redevelopment Project, and authorizing the ex. cation and d*livery of a d~d therefore (For full t~xt of Ordinanc., s~e Ordlnanc. Book No. 26, page 230.) Mr. Mha~ler moved th~ adoption of th~ Ordinance. Th. motion was s~conded by Rr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones, Pollard, Mheel~r and Mayor Stoller ............................... ~ ........ 6. ~AVS: Mr. Young .....................1o REFUNDS A~D REBAZ~ Council having directed, the City Attorney to prepare the proper measure authorizing a refund of $10.00 to Mtso C. R. Darraghty. repre- senting the anount paid by her d.c.ased husband for a 1953 city automobile license tag which sas n~VeF used, he presented sam~; whereupont Mr° Young offered th~ following Resolution: iu15242) A R£$OLDTION directing that a F~fund of $10o00 b~ made unto Mrs. C. R. Garraghty, the amount h~r deceased husband paid for a 1963 City automobil~ lic~ns~ tag. (For full text of R~solutton, s~e Resolution Book ~o. 26, pag~ 242.) Mr. Youn~ moved th~ adoption of th~ R~solution. Th~ motion was seconded by Mr. Whppl~r and adopted b~ th~ foXlowing vote: AYES: Messrs. Jon~s, Pollard, wheeler, Young and Mayor Stoller ......... 5. NAYS: Messrs. Dillard and Garland ...................................... 2. SALE OF PROPERYY-$ZATE HIGHWAYS: Council having directed the City Attorne! to prepar~ the proper m~asuFe accepting the offer of the Virginia Department of fiigh.ay$ Of $9,916 for 0.35 acr~ of land from th~ Oil~r School property, loss Of sixtpen rods of fencing, including iron posts and braces, and any and all damages, in connection with th~ acquisition of rights of ~ay on Runt. 5§1 between Orang~ Avenue and the ~orfolh and Western RatlMay Company property, he presented sam~; whereupon, Mr. Young moved that the following Ordinance be placpd upon its first raading: (~15243) AN ORDINANCE accepting th~ offer of the Commonwealth Of Virginia to purchase a portion of the Gilm~r School property for a portion of th. right of wa] of lntprstat~ Rout~ SD1. NHEREAS, the Comuouuealth of Virginlu has made the City of Rounohe an offer of $9.916.00, Jn full, for 0.35 acre of land described In the orduining clause hereof, the loss of sixteen rods of fencing° including iron posts and braces and any and all damages; and the City Manager bus recommended the adoption of this ordinance, in which recommendation this Council concurs. THER£FOR£~ B£ IT ORDAINED by the Council of the City of Roanoke that the offer of the Commonwealth of Virginia of SgtglG.OO, in cash, in full for the 0.35 acre of real estate constituting a portion of GJlmer School and shown ns Parcel No. 228 on Virginia State Highuay Departnent Plan No. 3-6 for Spur Rout~ 5§1, ProJect No. 05B1-128-070, R/M 202, the loss of sixteen rods of fencing, including iron posts and bracps, and any and all damages be. and said offer Is hereby, accepted and the proper City officials, upon being assured that the City will receive the consideration herein contemplated, are authorized and directed to px~cutp and deliver a proper dppd therefor, to bp prepared by the City Attorney. The motion was seconded by Mr. Pollard and adopted.by the follouln9 rote: AYES: Messrs. Dillard, Garland, Jon~s, Pollard, Mhpeler, Young and Mayor Stollpr ........................... ?. NAYS: None ...................O. PARKS AND PLAYGROUNDS: Council having directed the city Attorney to prepare the proper measure authorizing the City Manager to execute a contract bet~ee D. C. Transit System, Incorporated, and the City of Roanoke, with regard to the donation of a street railway car for the Roanoke Transportation Center and Railroad Museum under certain terms and conditions, he presented same; whereupon, Mr. Jones offered the following Resolution: (~15244) A RESOLUTION authorizing the proper City officials to execute, for and on behalf of the City, an agreement dated February 1, 19~3, between D. C. Transit System, Inc,, and th~ City of Roanoke. I (For full text of Resolution, see Resolution Hook No, 2~, page 242°) Mr, Jones moved th~ adoption of th~ Resolution, ,Th~ notion was seconded by Mr, Mh~el~r and adopted by the following vote: AYES: Ressrso Dillard, Garland, Jon~s, Pollard, Nheeler, Young and Mayor 5toller ........................... 7. NAYS: None ...................O. REFUNDS AND REBATES-LICENSES: Council having directed the City Attorney to prepare the proper measure relieving Mr, Thomas C, $cordas of payment of the s~cond half of retail merchant*s licensP and motel licensp for op~ratlon Of the Plaza R~staurant and Plaza Motor Court for the year 1963, he presented same; ~hereupon, Mr. Dillard offered the following Resolut{on: (~15245) A RESOLUTION directin9 the Commissioner of Revenue to relieve Thomas C, Scordas from the payment of th~ sPcond half Of the retail m~rchant*$ ~ic~nsp and motel license for the operation of the Plaza Restaurant and Plaza Motor Court for the year 1963,. (For full t~xt of R~solutlou, spp R~solution Hook No, 25, page 243,) 425 426 Mr. Dillard mated the adoption of th~ R~aolntlono The notion mas a~cond~d by Nra Pollard and adopted by the follomlng rote: AYES: Yeasts. Dillard. Garland, Jones, Pollard. Mheeler and Mayor StO]JPF ........................................ 60 NAYS: Mr. Young .....................l. HOUSING-SLUM CLEARANCE-STATE flXGHMAYS: Council having directed the City Attorney to prepare th~,prOper measure directing the City Manager to S~e that the city receires proper credit for the grants-in-aid to mhlch it is entitled pursuant to an agreement between the City of Roanoke Medevelopm. nt and Rousing Authority and the City of Roanoke for the eighteen parcels of land conveyed by Ordinance No. 15235, be presented a R. solution directing the Gity Manag.r to see that th. city receives proper cr.dit for all the grunts-in-aid to which it is entitled under th. agreement; whereupon, Mr. Jones Offered the folloming Resolution: (#15246) A RESOLUTION directing the City Manag*r to see that th~ City receives proper credit, at the appropriate times, for all ~rants-in-aJd to ~hlch it is ~ntitlpd pursuant to the agreement Of June H, 1955, as supplemented by the agreement Of D~e~mb~F IU. 1957, both b~tween the City of Roanok. Redevelopment and Housing Authority, as the first party, and the City of Roanoke, as the second party. (For full text of Resolution, se~ Resolution Rook No. 26, page Mr. Jones moved the adoption of the Resolution. The,motion ~as seconded by Mr. Mh~ler and adopted by th~ following vote: AYES: MeSSFS. Dillard, Garland, Jon~s, Pollard, Mheeler, Young and M~yor Stoller ........................... NAYS: None ................... S~REE~S AND ALLEyS-PARKS AND PLAYGROUNDS: Co*nc il havin9 directed the City Attorney to prepare the proper measure directing th~ Cityganager to ascertain if a c~metery is located on the two acres of land donated by the heirs of Jonas Pric, Ro~an for park purposes, he presented same; wh*reupon, Mr. Pollard offered the following Resolution: (~15247) A RESOLUTION directin9 th~ City Manager to ascertain if private cemetery is located on the tmo acres of real estate r~c~ntly accepted by ordinance, for park purposes, from t~p heirs of Jonas Pric~ Bowman, (For full t~xt of ResolutiOn, see R~solution Rook No. 26, page 244.) Mr. Pollard moved th~ adoption of th~ Resolution. The motion was $~cond~d by Mr. Dillard and adopted by the following vote: AYES: Messrs. D~llard, Garland, Jones, Pollard, ~h~eler, Young and Mayor Stoller ........................... 7. NAYS: None ................... ASSESSMENT OF PROPERZY: Council having directed the City Attorney to prepare the proper m~asure declining the offer of Mr. J. £dward Rountrey, President, Tobin-Rountrey, Incorporated, to have his firm make a study, at its sole of the real ~$tate tax assessment system used In the City of Roanoke, hp somA; whereupon, Mr. Wheeler offered the following Resolution: ~427 (~15~8) A RESOLUTION declining the offer of J, Edward Eountrey, Pr~siden of Tobin-Rountr~y, lncorporat.do to have his firm mok~ a studye at its sole of th, r,al ~stat* tax ass*ssm~nt system presently used in the City of Roanok,. (For fall t*xt of R, solution, see Resolution Book No. 26. page 244°) Mr. Wheel,r moved th* adoptio~ .of th, E,solution. The Motion was seconded by Mr. Dillard and adopte~ by th, folloming vot,: AYreS: Messrs. Oillard, Garland, Jones, Pollardo Nh,~l~r, Young and Mayor Stollpr ........................... NAYS: Non. ...................O. MOTIONS AND MISCELLANEOUS BUSINF~SS: REFUNDS AND REBATES-LICENSFq: Council at its last regular m~ptlflg having adopt,d a motion to th* effect that in th* future it will r*fus* to consid.r any aftor May 1st of oach y~nr. MayoF Stollpr brought to thpattentlon Of th* body a April 24. 1963. advising.that on April 15. 1963. uno of his ~mploy~s erroneously purchased two city automobile iic~ns~ tags for him for two automobilPs which r~fundpd $20 r*pr~spntin9 th* cost of th~ two tags, Mayor 5toiler pointin9 out that it ~as after the May 1st deadline before the City Treasurer informed Mr. Martin it would be necessary for him to apply to Council for the refund. Mr° Pollard moved that Council concur in the r~qu~st and that th~ matter propor moasuro d.clarin9 it to b~ th. policy of Council that th* body will not paid for unus*d city automobile licpnso tags. Th* motion was socond~d by Mr° ZONING-SETBACK LINES-TRAFFIC: Council having adopted an Ordinance ~stablishing sotback lions on both sides of Brandon Av*nu~, S. M** from a point approxfmatoly 150 fp~t past of Laflgdon Road to th. ~ostorn city limits, Mr. Dillard moved that tho City Manager bp dir*ctpd to study the pracitcability of r~-routln9 pr.spat truck traffic on Brandon Av~nu* or constructing an alternat~ high.ay. motion was sPcond~d by Mr. Pollard and unanimously adopted. AUDITORIUM-COLISEUM: Rro Garland, Chairman of the Auditorium-Coliseum Committe~, r~ad the following prepared statem*nt with regard to fixing a date for a r~fprend~m on an auditorium-coliseum: auditorium bond issu~ r*fer~ndum should tah~ place. This is such a vital matter to th~ city and b*caus~ of its checkered past I Th.fo ar. thr~e possibilities I b~li~v~. Th~ first is to 428 My chief objection to this Is th.e $3,000 to $$0000 cost which ' the city will have to bear. The second posslblity is to the referendum coincide with the No~ewher t963 State election. Tbs third ls to walt until June 1964 for ~he councilmanic election. , , Personally, 1 recommend the s~cond alternative. I oppose the first because of the unnecessary cost involved end because during the regular election time people are more conscious of civic and political questions and there iso generally, a fair turn-out at the polls, During the pre-election period such as we will have in October, there are various meetings to which oppenls cnn be made and action can be wore easilygenerated. lUG inclined to feel that the candidates for State offices are in a better position to push this lssu~ in a non-partisan wann~r and that they will render excellent s~rvice for this wech needed facility. I strongly object to the third alternative because it is over a year away (our option on the Commonwealth site runs out Hay 1, 1964) and b.cause of the ~a~e with which the issue could be ~nbrollpd in local politics. I feel that there would bp a strong temptation for certain politicians to oppos? the bond lssu* in o d~mogogic way hoping thereby, to gain personal victory. Fur£hprmorp, ~ would object to any special bond Jssn~ ~lection bring held at any tine during the summer of 1963 bpcaus~ of the large number of property cnn.rs away on vacation and b~caus~ of the casual indifference to political questions which generally exist in Ibp la~y days of summer. In my mind the November State election is unquestionably the most advantageous moment. It will give us the proper amount of time to map out plans and mobilize the forces of progress. With such an intimate site, with superb architectural advice and with favorable climate of public opinion which exists I believe that we have a winning combination for November 1963. Let no man say that it cannot be done, it must be done and we have undertaken to do it." In a discussion of th~ matter, Mayor St*lief stated that he does not think holding th~ referendum at the same tine the November election is held will keep the issue free from politics and suggested January 2~, 1964, as a possible date. Mr. Jones stated that the plans should be completed by the architects at least 90 to 120 days before a r~prend~ is bpid i~ order to allow sufficient to campaign for tho facility and.quostioned whether or not the architects will be able to complet~ the plans in sufficient time. Mr. Dillard voiced th~ opinion that a special election should be held on tbs pr*posed auditorium-coliseum bond issue question and o* other, that the. cost of holding a special election is relatively small considering the amount of the proposed bond issue. Mr. Pollard voiced the opinion that if the' bond issue referendum is held too soon it ~ay not pass. Mr. ~haeler stated h~ is in favor of having tbs auditorium-coliseum Feferen~m at th~ same time the November election is held. On notion of Mr. Jones, seconded b~ Mr. Young and unanimously adopted, th~ question was referred to the Audito'rium-Dol{sp'um Committee to ascertain when the architects expect to have the ~lans for the project completed. On motion of Mr. Dillard, seconded by Mr. Pollard and unanimously adopt~d. the n~etin~ was adjourned. APPROVED ATTEST: COUNCIL, SPECIAL MEETING, Friday, May 24, 1963. The Council of the City of Roonohe met Jn special meeting in the Council Chamber in the Municipal Duilding, Friday, May 24, 1963, at 10 a.m., for the purpose of considering a request of Mayor Stoller that the City Manager be ordered to close the Washington Park Dump, mith Mayor Stoller presiding. PRESENT: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor St,lief ....................................... 6. ABSENT: Mr. Y,ua9 ..................1o OFFICERS PRESENT: Mr. Arthur S. Omens. City Manager. Mr. Randolph O. Whittle. City Attorney. and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting ~as opened with o prayer by Mr. Vincent S. Wheeler. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Mayor Stoller stated that he has called this special meeting of Council pursuant to Section 10 of the City Charter for the purpose of ordering the City Manager tO close the Rashington Park Dump. Mayor Stoller brought to the attention of Council a petition signed by 75 residents of the northeast section of Roanoke, objecting to use of an abandoned rock quarry owned by Mr. Gordon C. Millis as a city dump. In a further discussion. Mayor Stoller stated that he felt it unwise to postpone action on the Washington Park Dump until the regular meeting Of Council on May 27, 1963, that he and the City Manager have inspected several sites for possible use as a city dump and that he proposes to offer a Resolution at the present meeting directing the City Homager forthwith to cease dumping garbage at Washington Park Dump and to immediately commence depositing such garbage and refuse on the city-o~ned tract of land in the East Gate Addition for a sanitary land-fill until the city incinerator shall be repaired and enlarged and other accommodations made to dispose of the garbage and refuse of the city. Mr. Wheeler pointed out that Mr. Young is absent from the meeting and moved that the matter be carried over for consideration at the regular meeting of Council on May 27, 1963. by a full membership of the body. The motion was seconded by Mr. Pollard and lost by the following vote: AYES: Messrs. Pollard and Wheeler ................................ NAYS: 'Messrs. Dillard, Garland, Jones and Mayor Stoller .......... 4. (Mr. Youn9 absent) Mr. Jones then presented the follo~ing suggestions ~ith regard to a possible solution of the problem: #A. Washington Park Dump Closin~ 1. Place u guard at the dump to check and make certain no one dumps anything except dirt, rocks, gravel, broken concrete, construction materials (non-combustible matter) which mould be used to cover nod level off the existing fill as soon as possible in an effort to make this area more attractive. 429 ' 430 2. The gusrd should be instructed to direct Roonohe citizens to deliver combustible material to the Incinerator roy burn- lng. All other persons aba ere using this oreo fur dompfeg purposes should be directed to asa other areas outside of the corporate limits svelloble to them roy dumpieg. 3. The guard should be instructed to accept oil non-combustible materials mentioned above and with the assistance of necessary earth-waving equipment to cover the exposed trash immediately in as attractive o manner os possible. Fill dirt, es it becomes available, nhouJd be used to cover this first layer of non-combustible material, leveling it off tn un attractive manner, this then to be covered os soon as possible with the necessary amount of topsoil for seeding and planting. 4. Donate the swimming pool non located in the park to the local Y.M.C.A. end Y.W.C.A. mhfch will maintain the pool and supervise its use. B. Incinerator Operation 1. Operate the Incinerator, If necessary, lb hours per day. 6 days per week until repairs on the building and~qufpmeet are started. 2. Rearrange trash and garbage pick-up schedule to 6 days per seek, spreading out the collection in order to get maximum use Of the Incinerator facilities. MJth daylight savings only a fen days away, this will give additional daylight hours in which to operate these facilities. 3. Stop immediately the disposal of farm animals in the incinerator unless they are the property Of a citizen Of the City. Ordinance prohibiting the keeping of these types of animals should be enforced, thus, eliminating the necessity for using this facility for this purpose. 4. The operators of the incinerator should be instructed to accept only the trash and garbage from the citizens of Roanoke and that collected hy our Sanitation Department. All persons living outside the corporate limits should receive proper instructions as to where their trash should be carried for disposal. C. Proposed Solutions 1. I think the City has tho other alternatives mitb respect to the disposition of Its trash. One, tt con utilize the area purchased through condemnation for this purpose, which lies along Tinker Creek in the northeast section of the City; or. two, it can, through the cooperation of the owner of a rather large and old open quarry, dispose Of this refuse in that location. 2. Persons owning houses in the vicinity of mhichever area Js selected for this fill should be made a reasonable and just offer for their property by the City if it is their desire. The area should then be zoned for heavy industry. 3. It has been estimated that it Hill take approximately 6 months to repair and enlarge the existing incinerator. During this period, it mill be necessary to use a fill for the disposition of all trash and garbage collected in the City. During this time, the fill should be sprayed daily to keep the sanitary condition above standards, and available dirt should be used to cover the fill. After the incinerator is repaired, ashes from the incinerator should be used to continue to cover the fill and the dumping of combustible materials ceased." The City Manager verbally indicated a Hilllngness to carry out the suggestions of Mr. Jones along administrative lines, but pointed out that the present incinerator is handling its capacity and cannot be operated longer hours. After a lengthy discussion of the.question Of closing the Washington Park Oump and establishing a sanitary laud-fill on another site temporarily~ and Council being of the opinion that the City Manager should be directed to close the Washington Park Dump as of June 1, 1963, rather than forthwith, Mayor Stoller relinquished the Chair end offered the following Resolution: (m15249) A mESOLUTION directing the City Manager os of Jane 1, 1963. to cause damping garbage nod refuse ua Clty-ouned real estate generally referred to as the Washington Park Damp Iud to immediately commence depositing such garbage mud refuse in the acreage heretofore acquired by the City for o sanitary landfill on the *southerly and easterly side of Tinker Creek in or near the East Gate Addition in the City of Rosnohe. (For full text of Resolution. see Resolution Rook No. 26, page 245.) NV. Stoller moved the adoption of the Resolution. The motion mss seconded by Hr. Garland nad adopted by the following vote: AYES: messrs. Dillard. Garland. Jones and Mayor Stoller ............ 4. NAYS: messrs. Pollard end Wheeler .................................. 2. (Hr. Young absent) Rro Garland then moved that the committee composed of Messrs. YJncent S. Nheeler, Chairman, Roy m, Pollard, Sr.. and Renton O. Dillard, along with the City manager, negotimte for use of the Naars 0marry a~ u city d amp. and, also, to negotiate math propeFty owners in the immediate vicinity who mould he directly affected thereby for the purchase of their land at a reasonable price if they wish to dispose of same because of the dump. The motion ~as seconded by Jones and unanimously adopted. With further reference to the matter. Mr. Dillard moved that Eouncil hold a special meetin9 at 2:30 p.m.. Sunday, R3y 26, 1963. under the shelter at Thrasher APPROVED ATTEST: '431 · 432 COUNCIL. SPECIAL EEETING, Suiday, ~ar 26, 1963. The Council of the City or Roanoke met in special meeting in Thresher Park, Sunday, May 26, 1963. at 2:30 p,m,. for the purpose of discussing with residpnts of the East Gate section the intention oF Council to use city-owned land in that for a t~mporary sanitary landfill, with Mayor Stoller presiding. PRESENT: Messrs, Dillard, Garland, Jones, Pollard and Mayor Similar .....5. ASSENT: Messrs. Wheeler and Young ...................................... O~FICEa$ PR~.~ENT: Ir, Arthur S, Owens, City #anager, INVOCATION: Th~ meeting was op~ued with a prayer by the R~ver~nd RilAy J. Stewart, Pastor, East End Baptist Church. PARES AND PLAyGROUNDS-GARBAGE REHOVAL: Council at a special meAting on Hay 24, 1963, having directed the City Manager to close the Washington Park Dunp as of Jun~ 1, 1q63, and to commence dApositlflg garbage and reins, on city-own~d land in ,hA East Gate s.ction for a sanitary landfill on a tenpornry basis until the city incinerator shall be repairAd and enlarged and other acconmodatJons made tm dispose of city garbag~ and rAfuse, Haymr StollAr ~xplained that th~ prAsent special m~eting has b~en called for the purpose of discussin9 the situation with rAsidents of th~ East Gate section. Approximately 400 citizens attended the ne.ting. Mayor $toller Axplained that b~caose of mounting racial t~nsion in nAarby cities Council IAI, it wish ~o OrdAr thp Nashinglon Park Dunp cios.d on thA da,. originally schAdulAd and that sincA it has bean unabl~ to SACUFA p~rmission to osA sitps outsidA of thA cit~ for a cit~ dump it has no alt~rnativA but to usa the city- owned tract of land in ,hA East Gate sAc,ion for a sanitary landfill on a tAmporary basis, Ma~or StollAr stating that th~ city hopes this tract of land will bA filled in and d.vAlop~d as a part for thA ben.fit of the rAsidents o[ that area at soma datA. Mr. Barney $. Latins, Attorney~ rApresAnting citizens of the northeast sAction oi RoanokA, presort,Ad a statement, advising that his clients are in complete accord with the d~cision to close the Washington Park Dump. but reminding Council that at its meeting on February 11, 1963, residents of the northeast s~ction w~re assured that the 30-acre tract of land owned by the city would not b~ used for a city dump, Br. Latins requAsting that Council continne its investigation of other disposal $it~s and that it neet with citizeIs o[ the aorthAast s~ctiofl ia ~margpncy s~ssion at B p.m.o ~dnesday, Bay 29, 19~3, in thA Council Chamber, for a further discussion Of thA mattpr. Hr. Latins made a v~rbal request that Council fix a data for closing th~ East Gate Dump ~ust as it did for the Washington Park Dump. Mr. Herbert Do Holton, Pastor of the Midland Baptist Church. nppAared and prAsAnt~d a communication, advising that the membArs of the Midland Baptist Church in a called businAss s~ssion on W~dnAsduy, May 22, 1963, voted unanimously to go on -433' r~cord ns being opposed to a garbage dump of any hind in the East Cate section of Rounok~ nnd the Hidwny section of Roanokp and Vinton. Hr. Holton pointing out that the church body is composed of 235 m~mbprs living in the Midway and East Cate spctions. Mr. Eo A. Alley. President of th~ Eilduood Civic L~ugu~. painted out that th~ city owns propprty in nil sections of Roanokp and suggested that Council divide thp city into four parts and have four dumps, on~ for ~ach s~ctlon. Among citizens sppakJng on the subject Were ~ssrs. Ted K. Cittlpman. L~on O. Atkins. R. L. Palntpr. Guy To Snow. E. A. Creasy. I. F. Mull,n. Mlllis Simmons. I. C. F~rguson. Philip S. Lawson. Eo Re Brown. Robert H. Magnet. H. F. Stok and Jam~s #. Hopcrost; also. Mrs. I. G. Ferguson. Mrs. Eston L. Riles. Jr.. HFS. Glpn H. Saunders and Mrs. Andrew L. Robertson. Thp mattpF having b~n discussed at l~ngth, and m~mbers of Council indica- ting that they ar~ unwilling at this ti~ to fix a date for closl#g the East Gate Dump, RFc Dlllord moved that Council hold a special m~etiug at 8 p.a.. M~dn~sday, May 29, 19~. in th~ Council Chamber in th~ Municipal Building. for further con- siderotion of the question of disposing of 9arbng~ and refuse. Th~ motion seconded by Er. Jones and unanimously adopted. On motion of Mr. Jones. spconded by Mr. Garland and unanimously adopted. the meeting was ad, curried. APPROVED ATTEST: ~ Clerh Mayor 434 COUNCIL, REGULAR MEETING, Monday, May 27, 1963. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building, Monday,' May 27, 1963,. at 2 p.m., the regular meeting hour, with Mayor Stoller presiding. PRESENT: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor St,lieF .............................. 7. ABSENT: None ....................O. OFFICERS PRESENT: Mr. Arthur S. O~ens, City Manager, Mr, Randolph G. Whittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend C. G. Tuning, Secretary, Lutheran Synod of Virginia. COUNCIL: Mr. E. Wallace Lawrence and Mr. Samuel M. Yea'get, representing the Watchmakers of Switzerland, and Mr. Victor A. Helmet, representing the Retail Jewelers of Roanoke, appeared before Council and presented a panel of four electric clocks giving the time in Roanoke and the comparable time in San Francisco, California, Chicago, Illinois, and Geneva, Switzerland. Mayor St,lief, for and on behalf of Council, expressed the appreciation of that body for the gift. M1NGTES: Copies of the minutes of the regular meeting held on Monday, May 13, 1963, and the regular meeting held on Monday, May 20, 1953, having been furnished each member of Council, on motion of Mr. Garland, seconded by Mr. Pollard and unani- mously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AN~ ALLEYS: Council having previously set a public hearing for 2 p.m., May 27, 1963, on the request Of the Magic City Motor Corporation that Fifth Street, N. E., between the northerly side of Gregory Avenue and the northerly side Of McDowell Avenue, be vacated, discontinued and closed, the matter was before the body. In this connection, Mr. Carroll D. Rea, Attorney, representing the peti- tioner, appeared before Council and asked that the request be granted. In a discussion of the matter, Mr. Jones pointed out that the City Plannin~ Commission previously advised Council that there was no erident need for this section of Fifth Street; therefore, it recommended that the street be vacated, discontinued and closed, Mr. Jones statin9 it is his understanding that since that time the City Planning Commission has learned the consultants employed by the Roanoke Valley Regional Planning Commission to prepare a major arterial plan are of the opinion a ,trion of Fifth Street may he needed under the plan. Council being of the opinion that the City Planning Commission can present any additional inforaalion it has when the Ordinance comes up for its second reading, Mr, Dillard moved that the request be granted and the following Ordinance be placed upon its first reading: (m15250! AM OROI~ANCE vacating, discontinuing and closing that certain portioo of 5th Street, N. E., lying be,neon the northerly side of Gregory Avenue, N. E., and the northerly side of WcDowell Avenue. N. E., in the City of Ronnohe, Virginia. NHEREAS, Magic City Motor Corporation heretofore made application to the City of Roanohe, Virginia, that. the portions of street hereinafter described be permanently vacated, discontinued and closed after having first posted notice Of the intended application as provided by law; and WHEREAS. the Council of the City of Roanoke, Virginia, on the Otb day of April, 1963, adopted Resolution No. 15175, appointing messrs. R. R. @~ick. C. F. Kefauver, J. W. Boswell, Aylett B. Coleman and Roy L. Mas,in, Jr., as viewers to view the aforesaid street and report in writing, pursuant to the provisions of Sec,i, 15-766 of the Code of Virginia of 1950, as amended, whether in their opinion, any if any, what, inconvenience would result from discontinuing the same~ and WliEREAS, said vleuers did visit and vieu the aforesaid street and the adjacent neighborhoods and did report in writing that in their opinion no incon- venience .would result either to any individual or to the public from vacating, dis- continuing and closing said street; and WHEREAS, this matter has b~en referred to the Planning Commission of the City of Roanoke, Virginia, which said Commission has approved the permanent vacating, discontinuing and closing of said street; and WHEREAS, a public hearing on the aforesaid application to permanently vacate, dtscootinue and close said street was held. after a notice thereof was duly advertised in the Roanoke World-~ews On May 10. lq6~, advising the public of the said public hearing before this Council on May 27. lC63, at 2 o'clock p.m., on said day, at which meeting there was expressed no objection or opposition to vacating, discontinuing and closing said street; and WHEREAS, in the Opinion of this Council, no inconvenience to the public or any owner will result if said street be vacated, discontinued and closed for the purposes set forth Jn the aforesaid application. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the, certain street located in the City of Roanoke, Virginia, shown on Sheet No. 302 of the Tax Appraisal Map of the City of Roanoke, Virginia, and more particularly That certain portion of 5tN Street, N. E., lying betueen the northerly side Of Gregory Avenue, N. E., and the northerly side of gcDo~ell Avenue, N. E., ia the City of Roanoke,.Virginia; be and the same is hereby permanently vacated, discontinued and closed and that all 435 436 right, title and Interest o[ the City of Roueoke, YJrgfoJa, and the public Ju and to the same be and they are hereby released insofar as the Coascil is empowered so to~ do, the City of goanohe reserving unto itself, however, a perpetual eosemeat for sewer lines, drains, water lines and other public utilities which may now be located in the aforesaid street. fie I~ FURTHER ORDAIHEO that the City Engineer be and he Is hereby directed to mark "Permanently Vacated, Discontinued and Closedu said street on all mops and )lats on file in the Office of the city Engineer of the City of Roanoke, Virginia. on which said street is shown, referring thereon to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordi- nance shall be spread; and the Glerk is directed to transmit an attested copy hereof to the Clerk of the Hustings Court of the City of Roanoke for recordation in said Clerk*s Office. The motion Was seconded by Hr. MAeeier and adopted by the following vote: AYES: Hessrs. Dillard, Garland, Jones, Pollard. Mheeler, Young and Mayor Stoller ............................. NAYS: None .....................O. STREETS AND ALLEYS: Council having previously set a public hearing for 2 p.m.. May 27, 1963. on the request of American Motor Inns, Incorporated. that a certain alley known as Campts Alley. lying between the northerly side of McDowell Avenue and the southerly side of Orange Avenue, N. E., be vacated, discontinued closed, the matter was before the body. In this connection, Mr. Carroll D. Rea, Attorney, representing American Motor Inns, Incorporated, appeared before Council, advising t~at his client is negotiating for the purchase of additional land east of Ca~p's Alley, and asked that the public hearing be continued until the regular meeting of Council on June 10, 1963 Mr. Dillard moved that Council concur in the request and that the p~blfc hearing be continued until 2 p.m., June 10, 1963. The motion was seconded by Mr. Mheeler and unanimously ~dopted. TRAFFIC: Council having previously denied a request of Mr. N. J. Perdue that the no parking restriction in front of his place of business at 1019 Salem Avenue, S. W., be changed to a loading zone, Mr, K. A. Pate, Attorney, representing Rt. Perdue, appeared before Council and advised that the no parking restriction is hurting the dry cleauing business of his client, that he feels small businesses need very much to be encouraged and helped, as well as large businesses, and siuce Roanoke is lnneed of mote business, he is confident Council wants to do anything it can to lend a helping hand. Mr. Pollard moved that the matter be referred to the City Manager for reconsideration in light of the no parking restriction interfering with the operatioo of a small business. Th~ motion was s~conded by. Mr. Mheeler. Mr. Dillard offered n substitute motion that the request of Hr. Perdue be granted. The motion mas seconded by Mr. Garland and lost by the following vote: AYES: Messrs, Dillard and Garland ..................................2. NAYS: Messrs. Jones, Pollard, Mheeler, Young and Mayor Stoller The original motion of Mr. Pollard was then unanimously adopted. pETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. S. fl. Bnrnhart, tendering his resigna- tion as a member of the Board of Zoning Appeals of the City of Roanoke, effective Ray 30, 1963, was before Council. Mr. Pollard moved that the resignation be accepted and, in view of the long service of Mr. Barnhart as a member of the Board of Zoning Appeals,.the City Attorney be directed to prepare the proper Resolution of recognition and appreclatiot The motion was seconded by Mr. Mheeler and unanimously adopted. ZONING: A communication from Mr. J. Thomas Engleby, III, Attorney, repre- senting Mr+ Don D. Smoke, et al., requesting that property located On the southwest of Colonial Avenue and Twenty-first Street, S. l., described as Lots 9 and 10, Block 3, Colonial Heights, Official Tax. Nos. 1271209 and 1271210, be r,zoned from General Residence District to Business District, was before Council. On motion of ~r. ~heeler, seconded by ~r. Pollard and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Conncil. REPORYS OF OFFICERS: D~CET-PARKS AND PLAYGROUNDS: The City Ranager submitted a written report, advising that an additional total of $2,406 in gifts for use in connection with the development of the Roanoke Transportation Center and Railroad Museum has been paid into the CltyTreasury and recommending that $.2,4fl6 be appropriated to Transportation Museum under Section ~170, *Capital," of the lq63 budget, to cover these donations. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (315251) AN ORDINANCE to amend and r,ordain Section ~170, "Capital," of the lgb3 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 24?°) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, iheeler, Young,and Mayor Stoller .................................. 7. NAYS: None ..........................O. STREET LIGtFfS: The City Manager submitted a written report, recommending the installation of street lights at various locations in the city. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: .437 438 (#15252) A RESOLUTION authorizing the installation of ~treet lights ut various locations ia the City of Roan,he, (For fall text of Reaolation, see Resolution Book No. 26, page 247.) Mr. Pollard moved the adoption of the Resolution. .The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor St,lieF ............ ~ ............ ~--~-T. NAYS= None ......................O. AIRPORT: The City Manager submitted a written report, together with the following report from the Director of Public Works with regard to revising plans and specifications for Project No, 9-44-012-13 at Roanoke Municipal (Mo,drum) Airport: "INTERDEPARTN~NT COMMUNICATION DATE: May 2~, 1963 TO: Mr, Arthur S. Owens, City Manager FROM= R, el.tow Broyl~s, Director of Public Rorks Complete plans for Airport Project 13, which lnclud, s land acquisition and work in connection with the extension of Runway 15-33 at th~ Roanok. Municipal (Mo,drum) Airport, was submittpd to F.A.A. for its approval gn December 14, 1962, This project was originally *stimated to cost a total of SBO0,O00 ($410,500 City*s 5har~ and $469,500 Federal Share). On February 15, 1963, a Request for Federal Aid ~as sub- mitted to F,A.A. to cover Project 14 which included additional land to be acquired for the south and north clear zones Of Runway ~5-33, grading required in connection with instrument runway facilities, and additional apron pavement n~ar th~ Terminal Building, Total cost of this project was $260,000 (~140,O00 Cltyos Share). F.A.A. in r~vi~wing and in processing both projects and after s~vpral confprpnces and field inspections by F.A.Ao £ngine~rs and T~chnical Specialists approved our plans for Project 13 on May 1, 1963, subject to th~ fail,wi,9 conditions: 1. Includ~ in Project 13 and d~lete from Projpct 14 the grading for the localJzer area at the north end of Runway 15-33. 2. Includ~ in Project 13 th~ additional grading n~cessary to conform to FoA.A. Standards relative to the Glide Slope Ar~a to be located at the sooth ~nd of Runway 15-~3 and to th~ east thereof, 3, Increase area of land reqoired to conform to Glide Slop~ Area outlined in 2 above. This mill change the acreage from the original 146 acres approwd by City Council (Ordinance 14911, dated August 27, 1962) to 148,22 acres now required for the project. 4. Change overhead power lines and t.l~phone lin~s on Hershberger Road and on Rout~ 117 to underground instal- lations or rplocat~ so ns to ellmtnat~ interfprpnc~ with instrument landing facilities. Following Is our latest revised estlmateof Project 13 based upon revised plans and curr~nt appraisals:. CONSTRUCTION COSTS: ' Grading $225,000 Drainage 140,000 . Paving 175,000 Lighting 9,000 Utility Changes 30,000 Landscaping and Spading 50.000 629,000 LAND: 410,000 Total Construction and Land $1,039~000 PLANS, ENGINEERING, INSPECTION, AND SUPERVISION 15,000 ADMINISTRATIV£ 2,00U CONYIN~ENGIES GRAND TOTAL $1tO?O,O00 It Should be pointed out that In oegotiotinR for and acquiring the land for Project 13, it may be necessary and desirable to acquirA the 24.97 acr*sincluded in Project 14, since for the most part th. land involved in both projects is owned by the same patti*s. Should this be the case, we have been informed by F.AoAo that this land could be a r*imbursable it;w on on.=hulf cost basis if and when Federal Fonds are available for the 1963-1964 Project. 1963. Actually both of thps~ projects could run concurrently d~ppnding upon City Funds. It is recommpnded that City Council be requested to approve the chang, s to the project as included in Items 1, 2, and 3 listed above, and approv~ the new ~stimated total of $1,070,000 for Project 13, with the City*s share not to .xc~ed $535,000 or one half of this amount. It is also recommended that t~ Ci~ Manager bp aothorized to for this project. It is anticipated that a contractor could not start work on this project bpfor~ the first of September or October~ therefore, it will be a physical impossibility for the contractor to complet* at least $300,000 Of the project cost would be carried over and completed, durin9 1964o S/ H~ Cl?tus Brovles Director of Public Morks* additional cost and indicating a d~sir~ to be b~tter informed as to th~ proposed SZREETS AND ALLEYS: Council having referred to the City Manager for stud and report a petition signed by fifty-five residents of the 3300, 3400 and 3500 blocks of Greenland Avenue, N. N., requesting that th~se thre~ blocks b~ black- topped, th~ City Manager submitted a ~rltt~n r~port, advisln9 that his study did not lnclud~ this str~t in th~ original group to b~ blacktopped; however, if funds go further than h~ expects, this str~t, along with many others, will b~ carefully considered prior to the ~xpenditur~ o£ the balance of th~ funds. Mr. Mh~l~r moved that the r~port of th~ City Manager be received and fll~ Zh~ motion was s~condpd by Mr. Jones and unanimously adopted. RECREATION DEPARTMENT: Council having re quested the City Manager to a written r.port, togeth.r with th~ following report from the Director of Parks and · May 17, 1963 City Manager Roanoke, Virginia completion of work at Jackson Park Community Center the following 439 .440 (1) Th* ndditionol room which Ual 8ddpd has bppn cowpl*t*d. (2) I movpd th, kitchpn from th, ba~k of the building to th, room adJacpnt to th* n~w addition. Custom Hom~s which is doing th* work has assurpd m. this mill b* cowplpt*d M,dnpsday. Hay 22. 1963. (3) Th* park d.partm*nt is painting the outside trim plus th. columns on the building and weather pprmittlng ~his will b~ compJet*d by Friday, Hay 24, 1963, (4} Th* gir~s r~stroom had to be Completely renovatpd, Th* materials wer~ ordered and have Just arrived and th* Public Morks D~partm~nt has assured m~ this will be completed not Inter than May 29. 1963. (5) Th, Southeast Civic L~agu~ has plans for a *grand op, ningt'once th~ work is completed and in view of the abov* this can bp don~ anytlm~ after May 29, 1963, Yours truly, S! R*x T. Mitchell. Jr. R~x To Mitchell. Jr. Directoru On motion of Mr° ~h~l~r. s.cond~d by Mr. Dillard and unanimously adopted° th~ r~port was filed. REPORTS: The City Manager submitted u written r~port, transmitting n r~port of th. Dppnrtmpnt of Public ~plfare for th~ month of March, 196~, and listin9 monthly d~partm, ntal r~ports on flip in his office. On motion of Mr. ~hp~l~r, s~cond~d by Mr° Pollard and unanimoesly adopted, th~ report was filed, R£POR~S OF COMMITTEES: PAR~S AND pLAYGROUNDS: Council havtn9 referred bids on supplying one pl~ctrically-opprat~d t~l~scop~c crane (truck mounted typ~) to the DApartm~nt of Parks and Rpcrpation to a con~ltt~ for tabulation and report, th. committpe submitt*d th~ following r~port: "May 23, 1963 To Th~ City Council £oanokp, Virginia Gentlom~n: Tho Committee has tabulated the bids received on April 29, 1963 for supplying on. plpctrically-oppratpd ~.lpscopic Crane to th* P. A. Rad~cy ~ Sons, Inc. is low ~iddpr for supplying a ~plpscopl~ oran. on which P. A° R~docy ~ Sons, Imco ar. bidding: (1) All steel g~ars. ' {3) Gpnorator ~ay bp uspd for wolding purposos° bp rejected and now bids socurpd on an electrically up~ratod Tol~scopic Cran~ uith a hydraulic system for raising and loworing tho boom, Th~ above montionpd r~aturps should be incorporated in the now specifications, R~spectfully submitted0 S/ Robert A. Garland Robert A, Garland, ChaJrnan S/ Arthur S. Ou~ns S/ Paul L, Routt $! B, R. ~hompson" After a discussion of the mattp~, Mr, Young voicing the opinion that the city would probably got bett~r bids if th~ specifications ufo broadened to p~rmit either a hydraulic systom OF Screw lift for raising and lowoFlng the boon, Hr. Garland ~ov~d that the City Attorney be dirocted to propsr~ tho pFopor n. asur~ roJpctlng all bids h.rptoforo Fec~lvod on tho t~l~scopic crane and dirocting roadvortispnpnt for bids on supplling an ~l~ctrlcally-op~rat~d t~loscopic Cr3np to th~ D~partm~nt of Forks and Recreation ~ith a hydraulic slstem or scrow lift for raising and loworing thp boon. Yh~ motion was s~cond~d by ~r. ~heol~r and unani- mously adoptod. ~NFIN1SHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INIRODUCYION AND CONSIDERATION OF ORDINANCES AND RE~OLUTIONS: ZONING: Ordinance No. 1521~, rezoning proporty located at 3108 Franklin Road, S. R.. Official Tax No. 1~00402, from General Residenco District to Business Oistrict, having previously boon beforo Council for its first reading, read and laid over, was again before the body. Consideration of tho Ordinance on its second reading having bppn dpfprFpd at tho last regular meeting of Council because Mr. M. Coldwell Butl.r advisod tho body that proporty ownors contiguous to tho tract of land proposod to bo rezonod arc opposed to the rpzontng, and ar. Earl A. Fitzpatrick, Attorney, representing tho owners of the property requested to bo rpzoned, having raised tho question as to whether or not tho proportips roforred to by Rt. Butler afc actually contiguous to tho property of his clients, Mr. Rutlpr again appeared before Council and advised that ..... yors h~v~ ~no~ confirnpd the~p is a strip Of 42 f~pt in width hot .... the ob~ecting'oMnors in tho roar of the property Sought to bp rezon~d which destroys the status of th; objectors as c~ntigu~usownprs and also r~noves th~ further objection that tho proporty ~ould bp ~ccPssible by Orchard Road throw9h a residential area; however, o~ners of 'rosidential pr;p~r~y in the area are still strongly opposed to the rpzoning~ Mr. B~tlpr suggesting that any consideration of rezonlng tho property be d~ferrpd until definite plans for the use of sane ar~ node known, but that if Council is unwilling to delay th~ matter it is hi~ further suggestion, as a reasonab compromise, that only th~ presently usablo portion of the tract of land for a depth of opproxinat~ly 100 foot be rpzonpd for business at this tim~. 441 442 After · further discuscio· of the matter. Mr. Fitzpatrick protesting that it is nec,ssnry for the property to be rezoaed for at least a depth of 150 feet, and nine prop*fry owners in the area objecting to any rezoning of the property, bat admitting that reco~iag the tract of land for a depth of ISO f**t is b*tt,r thnn rezonlng the *ntir* tract. Mr. Garland moved that Ordinunc* No. 15216 be am*nd,d to provide for' th* r,zoning'of the property for n depth of 150 f,eto Th* matin· was seconded by Mr. Dillard and ad~pt*d by th~ following vat*: AYES: Messrs. Dillard. Garland. Jones. Pollard. Whe*l*r. Young and Mayor Stcllpr ........................... NAYS: None ................... Mr. Wh~el*r th~n offer*d th~ following Ordinance. as am, nd~d. for its s*cond r~ading and final adoption: (u15216) AN ORDINANCE to amend and r**nact Title XV. Chapt*r 4. Section 1 of Th~ Cod. of th* City of goanok~. 1956. in r~lation to Zoning. NHEREAS. application has been mad~ to the Council of the City of Roanok, to have a 1.486-acrp tract situate on the southeast sld~ Of Franklin goad..So know· as 3108 Franklin goad. S. R.. Official'Tax No. 1300402. rezoned from G~n~ral R~sid~nce District to Rnsin~ss District; and WItEREAS. the City Planning Commission has recommended that th~ h~rpJnabov~ described land be r~zon*d from General Resid~nc~ District to Busin*ss District; and ~HEREAS. notice required by Title XV. Chapter 4. Section 43. of The Code of the City of Roanoke. 1956. relating to Zoning. has been published in "The Roanok, World-News.# a ne,spaper published in the Cit~ of RoanOke. for the time required by said soction; and WHEREAS. the hearing as provided for tn s~id notice was held on the 6th day of May. 1~63. at 7:30 p.m.. befor~ the Council of the City of Roanoke. at which h~aring all parties in interest and citizens war* given an opportunity to be heard both for and against th~ proposed r~zoning; and WHEREAS. this Council. after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE. BE ZT ORDAINED by the Council of the City of Roanoke that Title XV. Chapter 4. Section 1. of The Code of the City of Roanoke. lg56. relating to Zoning. be amended and reenacted in the following particular and no other, viz.: Property located at 3108 Franklin Road. S. ~.. d~$cribed as a tract situate on the southeast side of Franklin Road. S. ~.. designated on Sh~t 130 of the Zoning Map as Official Tax No. 1300402. be. and is hereby, changed from General Residence District to Business District for a depth of 1SO f~*t from the southeasterly $1d~ of Franklin Road and the Zoning Map shall be changed in this respect. Mr. ~heeler moved the adoption of th~ Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: 448 AYES: ,Hessrs, Dillard, Garland, Jun*s, Pollard, Mh~lpr, Young end Rayor Stollpr ........................... NAYS: Non~ ................... O, SALE OF PROPERTY-STATE HIGHWAYS: Ordinance No. 15243, accepting th* off*r of th. Virginia D*partmpnt of Highways of $9,916 for 0,35 acr~ of land from Gilmsr School prop*rty, loss of slxtesn rods of fsncing, including iron posts and brac*s, and any and all damag, s, in connection uith th, acquisition of rights of may on gout. 581 b*tws*n Orang* Ay.nm. and th* Norfolk and ~*stpFn Railway Company propprty, having prpviously bsen beforp Council for its first rsading, rpad and laid over, Was again b.f,r* th. body. In this connpctione copy Of a Communication from th. R,an,k, City School Uoard to th* City Ranagpr advising that the location Of Rout. 581 at thp School will mak* this sit* and building unfit for school purpos*so h,meyer, rath*r than oppos* a m,v* which is obviously progr.ss to the City of Roanoke, the School Board rPcommends that th* offer of th* Highway Department be acceptpd and that fund: r*ceived from th* sale of this land bp returned to the School Board to b* used for school purposes, was b~for* Council. After a discussion of th~ matter. Mr. Wheeler offered th~ following Ordinance for its second reading and final adoption: (~15243) AN ORDInAnCE accepting the offer of the Commonwealth of Virgini~ to pnrchas, a portion of the Gilmer School property for a portion of th~ right of way of Int~rstat~ Ront~ 581, (For full text of Ordinance. spe Ordinance Book No. 2b. pagP 245.) Mr. Nheeler moved th* adoption of the Ordinancp. The motion ~as s~cond~d by Mr. Y,un9 and adopted by th, following vote: AYES: Messrs. Dillard, Garland, Jon~s, Pollard, Nh~l~r. Young and Mayor St,liar ........................... 7. NAYS: Non~ ................... O. TRAFFIC: Council having directed the City Attorney to prepare the proper mpasurp providing for th. closing of Kith AY. mop, S. W., from U 3,m. until 5 pom., Jnne l, 1~3, so that an outdoor Arts Festival can bp held, and allowingthp Departmpnt of Parks and Rpcreation to participate in the promotion and arrang*ments of this event, he presentpd sam~; whpreupon, Mr. Whpeler offerpd th~follosing (~15253) A RESOLUTION authorizing the City Manager to cause a portion of Kirk Avenue. S. Wu. to be closed to traffic on June 1. 1963. between the hours of O:Og aom. and 5:00 p.m. in order that the Roanoke Fin~ Arts C*nt*r may hold its Annual Outdoor Exhibit; and directing th* D~partm, nt of Parks and Recr*utton to participatp in th, promotion and arrang~m*nts of th* *xhibit. (For full text of Resolution. s~e Res,lotion Book Wu. 2~. pug* 248.) Mr. Wheeler moved the adoption of th~ R~solution. Th~ motion was spconde~ by Mr. Pollard and adopted by the following vote: 444 AYES: ,Meusrs, Dillard, Garland, Jon~s, Pollard, Mbp~l~r, Young and Mayor Stoll~r ........................... 7. NAYS: Noap ...................O, REFUNDS AND REBAT~S-LICF. NSES: Council having directed th~ City Attorney to pr~per~ the.~roper m~asur~ authorizing a refund of $20 to Mr. Urucp T. Martin, rppr~s~ntJn9 thp amount erronpously paid for two city automobilp licpns~ tags, hp pr~spntpd sam~; whereupon. Mr. Young offprpd th~ following a~solution: (a15254) A RESOLUTION directing a refund of tbp sum paid unto th~ City by Mr. Druc~ Martin, a resident of Roanohp County, for two 1963 City automobile licpns~ tags, (For full t;xt of R~solutinn, s~ Rosolution Dank No, 26. pag~ 249.) Mr. Young mowd th~ adoption of th~ Rpsolution. Th~ notion was s~condpd by Mr. Wh~l~r and adopt~d by th~ folloming vot~: AYES: M~$srso Jon~s, Pollard, Mhpplpr, young and Mayor Stollpr ......... 5 NAYS: Messrs. Dillard and Garland ...................................... REFUNDS AND REBATES-LICENSE.%: Council having directed th~ City Attorney to prepare th~ proper measure dpclariug it to bp the policy of Council that th, body will not consider requests rpc~iv~d after May Is* of path y~ar for refunds of thp amounts paid for city automobil~ licpns, tags. hp presented sam~. Mr. Dillard moved that th~ d~adlin~ bp changed to April let. The motion was seconded by Mr. Garland and lost by the following vot~: AYES: Messrs. Dillard and Garland ...................................... NAYS: M~ssrs. Jon~s, Pollard, ~h~lpr, Young and Mayor Stoll~r ......... 5. Mr. Pollard then offered the following Resolution as prepared by the City Attorney: (c15255) A RESOLUZION declaring it to bp tho policy of Council not to City automobilo lic~nso tags. (For full t~xt of R~solution. sp~ R~solution Book No. 26. pag~ 249.) Mr. Pollard movpd, th~ adoption of th~ Resolution. Th~ motion was s~conded by Mr. Wh~lpr and adoptpd by th~ Yollo~ing vot~; AYES: Messrs. Jon~s. Pollard, Nhp~l~r, Young and Mayor Stollpr ......... 5 NAYS: M~ssrs. Dillard and Garland ...................................... 2. RO~IONS AND MISCELLANEOUS BUSINESS: COMpLAINtS: Mayor Stoller brought to the attention of Council a communica tiaa Mr. D, S, ~hompson, 205 Elm Avenue, S. M.,complaining that. th~.d~ellin9 hous~ at 209 Elm Avenue, 5. M., is b~ing used as a garage and parking lo*and ,that the yard is full of us,d automobiles. On motion of Mr. Pollard, s~cond~d by Mr. Mh~lpr and unanimously adopted. the complaint ~as r~fprrpd to the City Managpr for study and report to Council. HEALTH DEPARTMENT-YNAILERS: Mayor Stoller brought to the attontion of Council the question of directing tho City Attorney to bring a suit to abate the Hr, Wheeler moved that the matter bo referred to n coanittep coop*sod of Wossrs, B~nton O. Dillard, Chairuan0 Hurray A, Stollpr and Randolph G, ihittl~ for study, r~port and recommendation to Council. Thp motion was spcondod by Hr, Pollar( and unanimously adoptpd, GARBAGE E£MOVAL: Hr, J, T, Say*rs, i66 Huntington Boulevard, N, appeared before Council and complained that sinc~ th~ task system for garbage removal in his noighborhood has boon initiated city ~mploypos ar. not doing an orfici~nt Job in th. ir hasto to finish th*ir work, Tho City Homager advised that th~ task systom was tried on a trial basis and that tho situation has b~on COFr~Ctedo BUDG£T-C[tAWBER OF COMMERCE-INDUSTrieS: Mayor St*lieF brought to th~ attsntion of Council th~ question of appropriating additional funds for uso by tho Roanok~ Chambor of Commorcp in tho promotion of Its industrial dovolopm~nt program. Wro Dillard off*rod tho following omorgoncy Ordinanco appropriating for this purpose: (#15256) AN ORDInAnCE to amend and roordain S~ction ~l. ~Council.' of 19~3 Appropriation Ordinance. and providin9 for an emergency. (For full toxt of Ordinanco. s~ Ordinance Hook No. 2~. pag~ 2~0.) Mr. Dillard movod that adoption of tho Ordinance° Th~ motion was seconded b~ Mr. Pollard and adopted b~ the following rote: AYES: Wessrs° Dlllard. Garland. Jones. Pollard. Wheeler. Young and Wa~or St*lief ........................... 7. NAYS: None ................... O. BUDGET-GARBAGE REMOVAL-PARKS A~D PLAYGROUNDS: Mr. Wheolpr gar, a verbal pr*gross report on preparation of plans for repairing and mod~rnizing th~ cit~ incinoratOro In this connection, a committe~ composed of M~SSFSo Vincent So Chairman. Roy R. Pollard. Sro. and B~nton O. Dillard haying bo~n r~quost~d to negotiate for uso Of tho Watts ~uarry as a city dump.'and, also. to npgotiat~ with pr*potty owners in th~ immpdtato vicinity who would be diroctly affectod thor*by foe tho parchaso of th, ir land at a r~asonnblp price if th~ wish to dtspos~ of sam, bocausp of the dump. submittod a v~rbal r~port that tho holders of first and $~cond mortgages on tho land will not agroo to us~ Of th~ Botts ~uarry as a cit~ dump. ~ith further rofprpncp to tho question of garbag~ r~moval. Council having authorizod uso of a cit~-ownpd tract of land in th~ East Gate $~ction for a sanitary landfill, ar. H° W. Roberts*n. 1~15 Craig Robortson Bond. S. E.. asked what th~ city plans to do with th~ ash from burned garbago and rofuso after th~ city incinorator is r~pair~d and modernized. Bayor ~tollor r~plipd that it will bp n~¢ossary for th~ city to find a suitable plac~ to dump th~ ash from th~ city incinerator or continue to put it on tho city-owned land in th~ East Gate s~ction. Wayor St*lint advising that ho has rocolvod several off*rs of land for disposing of garbag~ and r~fus~. '445 ::446 Oa motion of Mr. Dlllardo seconded by Mr. Pollard and unanimously adoptAd, th; offers were FeferrAd to the City Manager for negotiating with the omners or the properties. At this point, the City Manager pointed out that it will be necessary to make certain Improvements to the city-owned tractor land in the East Gate section prior to using same for a sanitary landfill and requested that $3,000 be appropriate for this purpose, Mr, Jones moved that Council ~oncur in the reqnest of thA City Manager and Offered the following emergency Ordinance: ¢~15257} AN ORDINANCE to amend and reordain Section ugy, "Refus~ Collec= tion and Disposal,# of the 1963 Appropriation Ordinance, and providing for an (For full text of Ordinance, s~e Ordinance Book ~o. 26, page RSO.} Mr. JonAs moved the adoption of th~ Ordinance. The motion was seconded by Mr. Dillard and adopted by th~ followJn~ rote: AYKS: Messrs. Dillard, GaFland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7. NAYS: Non~ ................... O. MATER D£PARTMENT: Mr. Jones brought to the attention of Councll that a report on a Sanitary Survey of the Roanoke Municipal ~ater Supply a~ conducted by th~ Virginia Department of Health and the United States Public Health Service pointe, out c~rtain deficiencies at th~ Falling Cre~k plant and moved that the City Manager b~ directed to obtain an estimate of the COSt or modernizing the Falling Creek plant Th~ motion ~ns seconded by Mr. Dillard and unanimously adopted. On motion of Mr. Dillard seconded by Mr. Jon~s and unanimously adopted, APPR 0 YKD Mayor COONCIL, SPECIAL HEETING, Friday, May 31, 1963. The Council of the City of Roanok. n*t in special m~pting in th* Council ChambAr in th* Municipal Building, Friday, May 31. 1963, at 8 pon., for th. pure*so of giving furth*r consideration to th~ qu*stion of disposing of garbag*,and with Mayor Stoll~r pr*siding. PRESENT: Messrs. Dillard, Garland, Jones, Pollard, Nhp*ler, Young and Mayor Stoll;r .............................. 7. ABSENT: None ....................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City INVOCATION: Tho mB.tin9 was oponod with a prayor by tho Roy.road Borbort Bolt.n, Pastor, Midland Baptist Church. PAB£S A~O PLAYGROUNDS-GARBAGE REMOVAL: Council at a special me.tin9 on May 26, 1963, having ad*prod a motion to hold a special mooting at O p.m., Wodn~sda~ May 29, 1963, in tho Council Chambor in th~ Municipal Building, for furtbor con- sidoration of tho question of disposing of garbago and r*fus** Mayor Stollor ~xpiainod that th~ m~oting was cancollod at th. r~qu*st of Mr. Barvoy S. Lutins, Attorn~yt ropros~nting citiz.ns of tho northeast soctiont and that pursuant to ~oction I* of tho City Chart.r h* has call.d tho pros.at special mo~ting for purpos~ of giving furthor consideration to tho question of disposin9 of garbag, and r~fuso at tho r~quost of Mr. Lutins. Mr. Lutins statod that if and whoa tho north.ast soction Of tho City Of Roan0k~ is usod for a garbago disposal th. citizens of north*ast rospoctfully that Council adopt a Rosolution omb0dying th~ following stat.moats: (1) A stat*moat that tb~ citizons of th~ Northoast soction of tho City of Roan*ko, Virginia, ar* in conploto accord with th. dociston to clo$o Washington Park as a garbag, disposal and sincoroly *nd*rs* and commoad Council for its action; that thoy want to co0porato with City Council in tBs*lying this mattor now at hand; that said citizAns dosiro what is fair and pr**or for th. ir s*ction of th~ City, taking into full cousidorution ~hat is host for tho City of Roan.ko as a growing and pr*grossing community; and that they approciato and ar~ fully awaro that no soctton of tho City is doslrous o~ having a garbago disposal in or noar its s~ction. (2) A statom~nt that tho aroa will bo asod as a tru~ sanitary land fill in accordanco with all stat. and local hoalth rulos and rogulation$; and that a Committoo comp*sod of Council mombors bo appoint.d by Council as an inspoction roam to inspoct said ar~a to soo that it is oporat.d daily as a tru~ sanitary land fill. (3)A statpmont that said aroa will, aft.r th~ oxpiration of a specific time. no longor b* usod as a garbag, disposal. (4) A stat.moat that during tho tnt.rim, that is, botwpon tho tin. tho N0rth~ast soction is usod as a garbag~ disposal and tho tim. that Council agr~.s that said aroa is not to b* uspd, Council will diligontly and stnc~roly uso all offorts to rolocat~ its garbago disposal° Hr. Lutins point.d out that Soction 25, Chapt.r 4, Titl. XV, of tho Cod. Of tho City of Roan*ko, 1956, prohibits uso of land in a Hoary Industrial District for garbago dumping ual. ss a non-conforming pormJt is s~curpd, and callod attontion to th. fact that tho city-0wnod tract of land is in a Con.roi R*sid~nco District. -447 :448 Mayor Stollpr rpplipd that hp has bppn informpd by thp City Attorney that it is his,opinion,th* dumping of gurbagp and rpfnsp by th, city la a govprnmpntal function mhlch ia not hound by zoning r~gulations that mould othprwlsp bp uppllcablp Mr, Rhpplpr, Chairman of th* Incinprator Committ*~, ndvis*d that his conmitt** has m*t with a r*pr*spntatiw of Morsp Boulgpr, Incorporatpd, Enginepring Consultants, and it is b*llpvpd th* lncinprator proJpct mill bp complptpd in approximat*ly six months, how*wr, Embank, Caldwell and Associates, local architpcts for thp proJpct, ~stimatp that after th~ present city incinerator is r*pairpd and modernized it mill handlp only 160 tons of garbag, and r~fus~ a day of th~ daily awrag~ of 300 tons, and it apppars a mom lncinprator will pvpntually harp to bp b;llt at an ~stJnut~d cost of $1,000,000 to tuk~ car~ of thp garbag~ and r~fns~ disposal problpm adequately. In a discussion of alt~rnat~ m~thods of 9arbag~ disposal, Mr. Young APPROVED }~ayor COUNCIL. REGULAR MEETING. Monday. Jane 3. 1965. The Council of the City of Rosnohe met in regular meeting in the Council Chamber in the Manfcipal Building, Monday. June 3, 1963, at 7:30 p.m** with Mayor Stoller presiding. PRESENT: Messrs. Dillard. Garland. Jones. Pollard. Wheeler. Young end iMsyor Stoller ............................. ABSENT: None ................... O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph Nhittle. City Attorney. and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend R. R. #ilkinson. Pastor. Hill Street Baptist Church. MINUTES: Copies of the minutes of the special meeting held on Friday. May 24. 1963. and the special meeting held on Sunday. May 26. 1963. having been furnished each member of Council. on motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: ZONING: Council having previously set a public hearing for 7:30 p.m.. June 3. 1963. on the request Of Mrs. Emma R. Long that property located on the southwest corner of Guilford Avenue and Montvale Road. S. W.. described as Lot 11. Block 3. Urandin Court. Official Tax No. 1551030. be rezoned from General Residence District to Special Residence District. the matter #as before the body. In this connection. Mr. T. L. Plunkett. Jr.. Attorney. representing Mrs. Long. appeared before Council and advised that if the property is rezoned as requested his client plans to construct a three-story apartment building on this corner lot. Mr. Plunkett pointing out that the City Planning Commission. in considering the request for resuming, concluded that the proposed construction of an apartment building would be compatible to the surrounding land use and not detrimental to tbs existing homes; therefore, the Planning Commi~:ton recommended that the request for rezoning be granted. Mr; Plunkett presented a petition signed by eight property owners in the immediate vicinity of the property of his client, add, sing that they have no objection to the proposed resuming. Everyone present having been given an opportunity to be heard, and no one appearing in opposition to the proposed rezoning. Mr. Wheeler moved that Council concur in tbs recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (31525H) AN ORDINANCE to amend and reenact Title XV. Chapter 4. Section 1. of The Code Of the City of Roanoke. la§b. in relation to Zoning. 449 ,~450 WI~REASo application has been mode to the Council of the City of Roanoke to have that property located on the southueot corner of Guilford Avenue and Mootvale Road, S. ¥.. described es Lot ll, Block 3, GrandJn Court, Official Tax No. 1551030, rezoned from General Residence District to Special Residence District; and MHEREAS, 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 XV, Chapter 4, Section 43, of The Code Of the City Of Roanoke, 1956, relating to 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 NI~REAS. the hearing as provided for in said notice was held on the 3rd day of June, 1963, at 7:30 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 rezoningl and M~EREAS. 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. 1956o relating to Zoning. be amended and reenacted in the following particular and no other, viz.: Property located on the southuest corner of Guilford Avenue and Montvale Road, S. N., described as Lot 11. Block 3, Grandin Court, designated on Sheet 155 of the Zoning Map as Official Tax No. 1551030, be, and is hereby, changed from General Residence District to Special Residence District and the Zoning Map shall be changed in this respect. The motion ~as seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard. Wheeler, Young and Mayor Stoller ................................... NAYS: None ........................... ZONING: Council having previously set a public hearing for 7:30 ~.m.. June 3, 1963. on the request of Wilson Electric Company, Incorporated, qt al., that property located on the north side of Patterson Avenue, S, W., between Seventh Street and Eighth Street. described as Lots 36-40, inclusive, Taylor Map, Official Tax Nos. 1112312-1112316. inclusive, be rezoned from Business District to Light Industrial District, the matter ~as before the body. In this connection, the following report of the City Planning Commission ~as presented to Council: "May 2, 1963 The Honorable Murray A. Stoller, Mayor, and Members Of City Council Roanoke. Virginia. Gentlemen: In its May 1, 1963 meeting the City Plannin9 Commission considered the above rezonin9 request. .! Mr. P. L. Akers Informed the Commission tkat rezoniog to light industrisl use mould be desirable so that dsmsged vehicles scheduled for repair can be stored on the premises. The City Pisa·Jag Commissiob took cognizance of the fact that the pre- sent use for automobile repair has bee· in existence tar years and that · corner lot on Patterson Avenue smd Seventh Street had bee· renamed recently for light industrial use (bottling pla·t). Houever, it uss also noted that becsuse of the nature of the sutoeobile repair business that portions of the lots extending to the alley have tshen on the appearance of an automobile junkyard, lt' is therefore strongly recommended thst the petitioner make every effort to shield his operation by the construction of u buffer strip of planting or a nail an effort to protect the adjacent homes and businesses, In vieu of the fact that the nature of the present operation carried on on the premises is basically compatible Mitb the surrounding land uses, the Plan·lng Commission recommends that the above=named properties be rezoned from Business District to Light Industrial District. Respectfully Submitted, S/ Mary Lou Henderson for Harold M. Hill, Chairman* Mr, Malter W, Wood, Attorney, representing the petitioners, appeared before Council a~d advised that the request for rezonJng is being made in order that his clients may continue operatin9 their present businesses, Mr. Pollard asked whether or not the petitioners plan to construct buffer, strip Of planting or a wall at the rear of their properties in an effort to protect the adjacent homes and businesses, to which Mr, Wood replied his clients 45.1. .:'452 YHEREAS, the hearing as provided For in said notice nas held on the 3rd day of June, 1965, et 7:30 p.uo, before the Council of the City of Roauohe, et uhich hearing ill parties in interest iud citizens here given aA opportunity lo be beard both for nad against the proposed rezoning; and WHEREAS, this Council, after considering the evidence presented, is of the opinion abut the hereinafter described land should be rezoued. THEREFORE, 8E IT ORDAINED by the Council of the City oF Roanohe that Title l¥, Chapter 4, Section 1, of The Code of the City oF Roaenhe, lg56, relating to Zoning, be auended and reenacted in the following particular and no other, viz.: Property located on the north side of Patterson Avenue, S. W., between Seventh Street and Eighth Street. described ns Lots 36-40, inclusive, Taylor Hap, designated on Sheet 111 of the Zoning Map as Official Tax Nos. 1112312-1112316, inclusive, be, and is hereby, changed from ausiness District to Light Industrial District and the Zoning Hap shall be changed in this respect. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Wessrs. Dillard. Garland, Pollard° Wheeler and Young ........ NAYS: Mr. Jones and Mayor Stoller .................................2. SEWERS AND STORM DRAINS: Council having previously set a public hearing 7:30 p.m.. June 3, 1963, on the question of constructing an 8-inch sanitary sewer to serve properties on Rright Road, Robyn Road and Creston Avenue. $. W., from its intersection with Wright Road to Fishburn Park, the matter was before the body. In this connection, Mr. H. Cletus Broyles, Director of Public Works. presented a map showing the tentative location of the proposed sewer lines which aeRo%late for necessary easements, and that the matter be referred to the City Attorney for preparation of the proper measure. The motion mas seconded by Mr. Olllard and unanimously adopted. INTEGRATION: Br. A. Byron Smith, President of the Roanoke Council Parent-Teacher Association, appeared before Council and requested that a Biracial Commission, composed of business, industrial and civic leaders, be appointed by the body, the duties of the Commission to include receiving, airing and submitting to Council. alan9 with its recommendations, the complaints, grievances or sugges- tions of the citinens of Roanoke, Mr. Smith stating that he is not saying such a Commission is a panacea for all that might enist in the field of human relations, however, he does feel that ill mill. demonstrations, etc.. can be avoided by the 9Bad marks of such a group as has been demonstrated in Atlanta, Georgia. Lynchburg, Virginia, Oirmfflgham. Alabama, NoshyJlle. Tennessee. Miami. Florida, Greensboro. Durham and Charlotte. North Carolina. After a discussion of the question. MT. Wheeler moved that the matter be taken under advisement. The motion was seconded by Mr. Jones and unanimously adopted. INTE6RATION: The Reverend R. R. Wilkinson appeared before Council and requested that policies of discrimination in municipal jobs be abolished. Mr. Wilkinson was informed that Counetl adopted a Resolution on June 19, IgSO, establishing a policy that neither race, creed eot color be considered as a prerequisite in ability of an individual to be employed by the City of Roanoke. Mr. Wilkinson pointed out that no Negroes have been employed in the Fire Department and that no Negroes have been employed in clerical or stenographic capacities in the Municipal Building. Mr, Wilkinson stating that he Mould like tO see Negroes in these positions, that he would like to see more Negroes employed in the Police Department and more Negro truck drivers employed in the Sanitation Department, as emil as the promotion of Negroes to the job of foreman in the Sanitation Department. Mr. Pollard moved that Council receive the request of Mr. Wilkinson and that he be requested to advise the Negroes in Roanoke to file application for municipal jobs aS they become available. The motion was seconded by Mr. Young and unanimously adopted. PETITIONS AND COMMUNICATIONS: ZONING: A petition of Mr. E. M. Richardson, requesting that property located on the south side of Janette Avenue, S. W., west of Franklin Road, described as LOtS 6, 7 and B, Block g, gametic Land Company. Official Tax NOS. 1031504. 1031505 and 1031506, be rezoned from Special Residence District to Business District was before Council. On motion of Rr. Jones. seconded by Mr. Young and unanimously adopted, the request was {alerted to the City Planning Commission for study, report and recommendatiofl to Council. 453 ,454 STREETS AND ALLEYS: A communication from Mr. Fred L, Mitchell, suggesting that s survey be made concerning the need for another street connecting Melrose Avenue and Salem Turnpike, N. M., betueen Thirty-first Street and Meat Side Boulevard, mas before Council, Mr. Mheeler moved that the communication be referred to the City Manager for study, report and recommendation to Council, including an estimate of the cost of such a street. The motion uss seconded by Mr. Pollard and unanimously adopted. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Communications from the Mt. Zion A.M.E. Church, thanking Council for closing the Mashington Park Dump; Mr. H. Lawder, requesting that the dump not be transferred to a location adjacent to the Sewage Disposal Pleot in the southeast section; Mrs. M. S. Austin. suggesting that the garbage be hauled to Norfolk and dumped into the ocean~ and Mr. L. C. Argo- bright, suggesting that cuss pools be used to solve the problem, mere before Council. On motion Of Mr. Dillard. seconded by Mr. Pollard and unanimously adopted, the communications mere filed. BUDGET-COMMISSIONER OF TIE REVENUE: Copy of a communication from the Compensation Board to the Commissioner of the Revenue, approving an additional appropriation of $$00 for extra help in his office, subject to the approval of Council, was before the body. Mr. Dillard moved that Council concur In the request and offered the following emergency Ordinance appropriating $250, representing the oity*s one-half of the additional allowance for extra help: (~15260) AN ORDINANCE to amend 3nd reordain Section ~5, *Commissioner of Revenue," of the lgb3 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 25, page 252,) Mr. Dillard moved the adoption of the Ordinance, The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .................................. T. NAYS: None .......................... BEPORTS OF OFFICERS: TRAFFIC: Council having referred to the City Manager for study and report a request of MF. N. J. Purdue that the no parking restriction in front of his place of business at lOlq Salem Avenue, So Wu, be changed to a loading zone, the City Manager submitted a written report, advising that he has directed this be accomplished not later than June 5, 1963. Mr. Dillard moved that Council concur in the report of the City Manager. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: Highway Commission, in meeting, and seek nppror*l of the proposed widening nod ehsnoeling of Orange Avenue, No E.o meit of ~illiemson Road to the Interstate Route 581 project, leaving an opening in the median strip at Courtland Road for a trial period, submitted the foilonlng report: 'TO: Members of Roanoke City Council FROM: Appointed Committee to study and Recommend Changes at Orange Avenue and Courtlnnd Rand After a lengthy and careful study of the intersection in question, including many conferences mith the Virginia Department of Highways and the U. S, Bureau of Public Roads, your committee recommends to Council that we accept the No, 2 alternate made available to the City in a letter dated March 13. 1963 from Mr, J. E. Johnson. State Urban Engineer, which reads as follows: 2. *If the City again rejects the Bureau*s pro- pass! tO constrnct to the mestern edge of Nilliamton Road. at no cost to the City. we mill revise the Interstate plans to provide S/dames E. Jones S/J. ~, Klncanon (not p~rticipating clusions) June 3. 1965' 455 456 report: In this connection, the City Manager submitted the follouJng minority "Roanoke, Vlrginio June 3, 19&3 To the City Council Roanoke, Virginia Gentlemen: It is uith 'regret that I have to dissent in · portion of the report, Hr. Jones and him committee have been tireless in their attempts to provide an alternate plan et Courtland Avenue and numerous conferences, telephone culls and corres- pondence have been had in an attempt to provide nn alternate plnn. In lieu of ·n alternate plan, I felt that we should toke advantage Of the Federal*s and State*s offer on 581 at this time; houever. I do believe the committee has done the beat it could under prevailing conditiona. Reapectfully submitted, S/Arthur S. Owens City Manager' Mr. Dillard moved that Council concur in the majority report of the committee. The motion was seconded by. Mr. Wheeler and unanimously adopted. Mr. Jones then Offered the following Resolution rejecting the proposal: (~15261) A RESOLUTION advising the Department of Highways of the Commonwealth of Virginia and the Bureau of Public Roads of the United States of this Council*s decision to reject said Bureau*s proposal to construct, at no cost to th/e City, requisite facilities on Orange Avenue from Interstate Route 591 to Williamson Road, provided that no opening in the proposed median strip on Orange Avenue at its intersection with Courtland Road shall be made. (For full text of Resolution. see Resolution Hook No. Rb. page 253.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ................................... T. ~AYS: ~one ...........................O. UNFINISHED BUSINESS: AIRPORT: Council et its lost regular meeting having deferred action on a recommendation of the City Manager that the body approve revised plans and specifications for ProJect No. 9-44-012-13 at Roanoke Municipal (Moodrum) Airport, thereby increasing the estimated cost of the project from $'§§0,000 to $1,070,000, the matter was again before Council. Mr. Pollard moved that the matter be referred to a committee composed of Messrs. Roy L. Mebber, Chairman, Roy R. Pollard. Sr., Arthur S. Owens, Robert W. Moody, J. W. Burress, E. R. Vought, Milliam H. Carder and T. E. Frantz, Jr.. for study, report and recommendation to Council aa soon as possible. The motion was seconded by Mr. Wheeler and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. IIt~RODUCTION AND CONSIOERATION OF (II DINANCES AND RESOLUTIONS: S~REETS AND ALLEYS: Ordinance No. 15250. vacating, discontinuing and closing Fifth Street, N. E., betMeen the northerly side Of Gregory Avenue and the northerly side o[ UcDouell Avenue, having previously been before Council [or its first reading, read and laid over, uss again before the body. In this connection, Mr. Merrier K. Sensbach, City PlannJn9 Director, appeared before Council, advising that there is a possibility portions of Fifth Street sill be needed in working OUt o traffic plan for the Orange Avenue- Williamsoo Road intersection, and requested that any action on closing Fifth Street be deferred until the Arterial Highway Plan is completed in the next few months. Mr. Carroll O. Rea, Attorney, representing the Magic City Motor Corporation, and Mr. Harry U. Johnson. President Of the Magic City Motor Corporatio~ protested that it is imperative Fi/th Street be closed ns requested tn order to giv~ adequate access to the building proposed to be erected on the property Of the petitioner and that plans for the construction of the building have progressed too far to change to another site. Council indicating its understanding of the position of the Plannin9 Director, but pointing out that excavation has already been started on the site owned by the Magic City Motor Corporation, Mr. Hheeler offered the following Ordinance for its second reading and final adoption: (315250) AN ORDINANCE vacatingo discontinuing and closing that certain portion of Sth Street,' ~. E., lying between the northerly side of Gregory Avenue. N. E.. and the northerly side of McDo~ell Avenue, N. E.. in the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 26, page 251.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard. Wheeler. Young and Mayor Stoller ............................ ?. NAYS: None .................... PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure reJocting all bids received for supplying a telescopic crane to the Department of Parks and Recreation and directing readvertisement for bids on supplying an electrically-operated telescopic crane with a hydraulic System or scre~ lift for raising and lowering the boom. he presented samel whereupo Mr. Wheeler offered the following Resolution: (~15252) A RESOLUTION rejecting ali bids received and opened before this Council on April 2g, 1953, for supplying one electrical/y-operated telescopic crane for the Department of Parks and Recreation: and directing proper readvertise- meat for bids therefor substantially Jn accordance ~ith the committee's ~ritten report of May 23, 1953. (For full text o[ Resolution, see Resolution Dook No. 25, page 254.) 457 458 Mr. Mheeler moved the adoption of the Resolution. The motion uss seconded by Mr, Young and adopted Dy the follouing vote: AYES: Messrs. Dillard, Garland, Jones. Pollard. Nheeler, Young and Mayor Stol/er ................................... 7. NAYS: None ...........................O. HOTIONS AND BISCELLANEOUS BUSINESS: BUDGET: Mayor Stoller presented a communication, advisiog that pursuant to the provisions of Section 33 of the City Charter he has appointed Messrs. Jonas G Eller, Byron A. Hicks. Bnmilton M, Redman and Julian H. Rut h~foordo Jr., freehold citizens, t o serve as members of the Budget Commission for ]963. subject to the approval of Council. After a discussion of the matter, Mr. Dillard objecting to the same citizens aha served on the 1962 Budget Commission serving on the 1963 B,dget Commission, Mr. Wheeler moved that Council approve the appointments of the Mayor and that the matter be referred to the City Attorney for preparation of the proper measure. The motion uss seconded by Mr. Young and adopted, Mr. Dillard voting no. On motion of Mr. Dillard. seconded by Mr. Jones and unanimously adopted, the meeting ~ns adjourned. APPROVED AYYEST: COUNCIL, BEUULAM MEETING Monday, June 10, 1963. Tho Council ot tho City or Roanoho u-t in regular m~eting in the Council Chamber in th* Municipal Building, Monday, June 10, 1963, at 2 p.n*e th* r~gular m**ting hour, with Vic* Mayor Garland pr~sidlng. PRESENT: Messrs. Dillard, Pollard, Mhoel~r, Young and Vice Hoyor ~urland .................. ~ ............................. 5, ABSENT: Mr. Jones and Mayor Stoll*r .... OFFICERS PR~SENT: Mr. Arthur Klncaflon, Assistant City Attorn;y. and Mr. J. Robprt Thomas, City Auditor. INVOCATXON: The mo~ting was opened with a prayer by th* Rov~r~nd R. M, Hamn*r, Pastor, Orandin Court Baptist Church. MINUTES: Copies of th~ minutes of tho r*gular mo*tin9 held on ~oflday, May 27, 19h3; tho sp*cJal m-*ting h*ld on Friday, May 31, 19~ and th* r~gular n-*ting h*ld on Monday, June 3, 19~3, having born furnished ~ach m*mboF of Council, on motion of Mr. Pollard, spcond~d by Mr. Youn9 and unanimously adoptpde th~ r~adtng 459' 460 On motion of Mr. Young. s,cond,d by Hr. Hhepler and unanimously adopted, th, r,qu-st was r,fprrpd to th, City Planning Commission for study, report and re¢omm-ndation to Council. Hr. Young th~n offpr-d th, following RpsolutJon providing for th- appoint- (~15263) A RESOLUTION providing for the appointn-nt of fly, vi,m-rs In conn,ction with the application of thc.abutting.land owners to permanently vacat,. discontinu, and clos- that cArtaJn 2iley through Block 39, as shown un the Rlvervl;w and H~st End Lnnd Companies' Map, a copy of which said nap may b- found in th~ offic, of th; GJty Englne;r of th; City of Roanoke. Virginia. (FOr full t;xt of RPsolution. s;e R~solution flunk No. 2&. pagp 256.) by Ur. Wh;~l;r and adopted by th~ following vote: AYES: Me ssrs. Dillard, Pollard, Mh~;l;rt Young and Yic~ Mayor Garland .................................... NAYS: NonP ......................O. (Mr. Jon~s and Mayor Stoll~r nbs;mt) ZOMI~G: A communication from Mr. D. ¥. Phelps, rpqupsting that property as Lots 1, 2 and 3, Block 14. F. Rorer Map, Official ~ax Nos. !01060~, 1010~07 and ,IOlO~OD, b~ r~zon~d from Business District to Light Industrial District, was A$S£SSH~T OF PROPERTY: A communication fram ~r. Floyd M. Drill, 31, 1963, and transmitting a copy of its rpport on th~ ~qualization of 19~2 REPORTS OF O~FICERS: S~REE~ LIGHTS: ~he City Hanag~r submitt~d a written r~port, r~comm;nding that s~v~n strp~t lights b~ iustallpd in th~ vicinity of th~ East Gate sanitary landfill at locations to b~ approved by him. (~15R~4) A RESOLUYION authorizing the installation of s~v~n 2500 lumen landfill at locations to b~ approved by th; City (For full t~xt of R~solution, s~ Mosolntion Book No. 2~, pag~ 258.) Mr. ,b-pier moyed tb. adoption of the Resolution. Tho motion seconded by Mr. Dillard and adopted by th~ f. Ii.ming v.t*: AYES: Xessrs. Dillard. Pollard. Iheel-r. Young and ¥ice Mayor Garland .................................... 5. NAYS: Non* ......................O. (Mr. Jones and Mayor St.lief absent) BUDGET-AIRPORT: The City Homager submitted a uritten r~port, recomm~ndia. that $12 bt transf*rr~d from flousekeepiug Supplies to Dues. ~-mbPrships and Sub- scriptions under Section sO§. "Airport." of thP 1963 budget, to tak* care of an o,foreseen overchargPo Mr. Pollard uov*d that. Council concur in the recommendation of the City Manag*r and off~rPd th~ following em*rgency Ordinance: (=15265) AN ORDINANCE to ahead and reordain S~ction =68o "Airport.# of the 1963 Appropriation Ordinaac** nnd providin9 for an emergency° (For full t~xt of Ordinance. s~ Ordinance Bock No. 26. pag* 258.) Mr. Pollard moved the adoption of the Ordinance° ~h* notion ~as second~d by Mr. ~he~l~r and adopted by th* following vote: AYES: Messrs. Dillard. Pollard. ~he~l~r. Young and ¥1c~ Mayor Garland ....... ' ............... ~ ............. 5° NAYS: None ......................O° (Mr. Jones and Mayor St,lief aba*at) BUDGKY-TBAFFIC ~NG1N~RING AND GOUUUNICA~IONS: ~he City ~ana~er submitted a ~rttten report, adrisiug that the Operatin9 Supplies and ffaterials account under Section =82. "Str*et Signs and Markings." of the 1963 budget, is.~xhaust~d, and r~commend*d that $350 be transfers*d from Supplies and Baterials-Constraction to this account so that essential operating supplies and ~aterials may b~ purchas*d for th~ balano~ of the y~ar. Mr. Pollard nov~d that Council concur in th* recommendation of th* City ~anag*r and that th* following Ordinance be placed upon its first reading: (~15266) AN ORDINANCE to amend and r~ordain S.orion =02. ~$tr~et Signs and Markingse~ of the 1963 Appropriation Ordinance° BE IT ORDAINED by the Council of the catI of Roanok~ that Section aU2. NAYS:' Br. ~he~ler ....................... ~ .................. ~ ........... 1. 46.1. 462 #ZNTEBDEPABZ#ENT CORNONICATZON DATE: June 6, 1963 TO: Mr. Arthur S. Owens, City Manager FROM: D. Cletos Broyles, Director o! Public ~orks In the 1963 Budget there was on item or $4,200 authorized to acquire a new truck to be used in conJuction with a new Chipper that was also authorized to be purchased this y~aF. After me obtained the seven new gurbag* trucks, we w~rp obi* to displace a numb*r of the old op*n body trucks. Wp selected th* best of th~sp trucks and converted it to b* used with th* Chipper truck aff*cting a savings of $4,200. In analyzing our ne~ds in th* d*partm*nt, w* feel that it would bt highly desirable to gap this $4,200 to buy two new pickup trucks for our forpm*n in the R.fuse Department. This will enable our foremen to haul groups of men to different locations and to haul materials from place to place, which is required from time to tim* and in many instances will allow the forem~n to make a pickup that has been missed without disturbing the regular crew, and Which in most cases wonld involve one of our large puckers. Should we go to the bag systemt these pickup trucks would he invaluable in helping us distribute the paper bags. The new pickup frocks would replace two of the oldest vehicles W~ have now operating in the City; therefore, we will not be adding a~addit~ool vehicles. S/ Hf Cletus Dro~Jes Director ol Public Works" On motion of Wro Nheeler, seconded by Er. ¥oun9 and unanimously adopted, action on the matter was deferred until such time as Council decides whether or not the bag system for garbage disposal is to be adopted permanently° , LICENSES: The City Maoager submitted a written reporte transmitting a suggestion of the Coamissloner of the Revenue that p~rsons conducting public dances Ior which live music is rendered shall pay~ for each day such dances are heldo a license tax of $50~ the Commissioner of the Revenu~ requesting that such a provision be passed as an emergency measure du~ to the revenue loss which exists under th~ present Llcens~ Tax Code~ Mr. Dillard guestion~d amending the License Taz Cod~ in the middle of the AYES: WesSrSo Dillard and Pollard ......................................2. Conncil rather tbnn of oil th~ m;wbPrs of Council, Hr, ~h~elPr moved that tho r~quost of th~ Coemisslou~r of tho RPv~nuP bP r~ferrod to th~ Lax Study CommlLtP~ In connPctlon with its study of t~ OnllrP tax structur~ of th~ city. Tho motion was s~condod by Mr. Young and, upon a ruling of th~ Chair. adopted by tho following AYES: Hessrs, MhePIPFt Young and Vico Mayor Garland ...................3. NAYS: H~ssrs. Dillard and Pollard .....................................2. (Mr, Jon°s and Mayor Stoll;r ab~Pnt) Mr, Gillard mou~d that th; ruling of th; chair bp TA~ ~otlon failed for lack of a s;cond, STATE HIGBMA¥S-JUyENIL~ DETENYIO~ HOME: The City Manager submittod u Coyn~r Springs Jn th° Stnto High.ay System in ~xchang; for which th~ city will d;dlcat~ a SO-foot wid~ Fight of ~ay.'togoth~r wi~h th~ right to nako aud maintain (~1S267) A RE~OLUTIO~ requesting the Board of Supervisors of Bot~tourt {For full t~xt of H~solution. sro B~solution Book No, 26~ pug° RSH.) (Mr. Jon;s and Mayor StollPr absPnt) HEALTH DEPARTMENT YRAILERs: The City Manager subnittPd a written tho Building ConnissionPr and th~ Cht~f of th~ Fir~ O~partm~nt, ~hlch is naklng a Study of Chapter 2. ~itl~ XX. of ~hP Cod~ of tho City of Roanoko, 19S~, rPlating to advisor to this Board. AIRPORt: Council having p~pviously diroct;d thn City ManagPr to 463 .464' for hangar and shop faclliti~ at'aoanok) #unlcipal (#oodruu) Airport, uith a vl~u of determining th; actual cost of such facilities, h; submittod a writt;n rPport, advising that sinco so much difficulty nas Pxp;rloncPd with d~signing and building th; Pl;dmont Hangar and t~o city paid )xtra for its m~stak~s in changP ordoFs, city officials fPPl that thomp plans should bO drawn by a local archi*Pc* who can b r;sponsiblp for OrroFs and chong*s uhich will spopd th° advertising da*o and th~ DOpartmont of Public Horks of consid~rablp work, thp City Hanagor rPcommonding tho omploym-nt of an architect, uhich cost would bo includPd Jn th° project. Hr. ~hpolor movPd that Council concur in th- rocommondation of tho City Homager and that th~ matter bo r~forr~d to th~ City Attorn°y for prPparation of tho propOr moasnrP. YhP motion was sPcondOd by Hr. Youu9 and unanimously adoptPd. STREETS AND ALLEYS: Council having previously referred to th~ City Planning Commission for study, r~port and rPcommondation a rPqu~st of th° ConcrPtP Roady Hlxod Corporation, Pt alo, that thp portion Of 6Pth~l StrPot, N. H., PxtOndin9 southorly from Signal Hill AvPnuP, bp vacatod, discontinuPd and closod, tho City Planning Commission submit*od a writt°n r~port, rPcomm°nding that th~ r~quPst granted. Council having also appointPd viO~ors in connoction ~ith th° rPquost, th~ viOw~rs submit*od thoir r6port, advising that thoy hayp vlP~Pd th° said str~t and npighborlng propPrties and ar~ unanimously of the opinion that no inconv~nl~nc~ would rPsult ~ithor to tho public or to any pOrson, firm or corporation from tho pPrmanOnt vacating, discontinuing and closing of said portion of 6°thPl Hr. Young mov°d that a public hoofing b° hold on th~ matter at 2 p.m., July 6, 1963. Yh" motion was s~cond~d by Hr. Pollard and unanimously adoptOd. sTREETS A~D ALLEYS: Council having previously refPrrPd to th~ City Planning Commission for study, rOport and r~comm~ndation a rPquPst of Diamond Plasti Indus*rios, Division of Cron*iv~ Packaging, Incorporatod, that a portion of old Hollins Road, N. E., and a part of a road right of way of an old bridge crossing Tinker CrOOk, b~ vacatPd, discontinuPd and closPd, th~ City Planning Commission su~mitt"d a writt"n rPport, r~comm~nding that tho rPqu~st bo grantPd. Hr. MhP~lPr movPd that a public hOoFing on th° mat*Or bp hold at 2 July 8, IH63. Yh~ motion was socondPd by Hr. Young and unanimously adoptod. STREETS AND ALLEYS: Council having previously referred to th~ City Planning Commission for study, roport and r~conmPndation a roquoSt of Mr. Jo Hurrosso ot al., that a c~rtain IS-foot all~y running through Block 13, Hyd~ Park, from S~v-ntPOnth StrP~t to Eighteenth Stroot, N. ~.~ parallPl to ShOnandoah Av~nu~ and C~ntor Avonu~, b° vacated, discontinu°d and ciosod, th~ City Planning Commission submitted a writtPn roport, r°commPnding that th~ rPquOst b" grant°d. Council having appointed vi~ors in connection with th~ r~quOst, tho submittod a writ*on rPport, advising that thoy hav~ vlowP~ said alloy and th~ adjoining propPrtlos and art unanimously of tho opinion that no inconvPniPnco would rosult Pith~r to tho public or to any pOrson, firm or corporation from th~ p°rman~nt vacating, discontinuing and closing of said alloy. Mr. ~h;~lPr movPd that Council hold a public h;aring on th; matt'r at 2 p,m,, July 9, 1963, Th- motion was s-cond;d by Mr. Pollard and unanimously adoptPd, STREETS A~D ALLEYS: Council having previously ref~rr;d to th; City Planning Commission rot studye r-port and r-comm;ndation a r'qn-st or Richard R. Haml;tt and Name, M. flaml-tt that n 12-root all;y ~xt-nding rrnm th- w~st~rly of O;nniston Avonu;0 S. M.e into th; prop;try situatPd at th; t~st-rly COFnOF Of Oonniston ArOnu; and M;stor;r AvOnu;, which said alloy runs parall;l to AvAnn6 a distanc- of approximat°ly 256 i-;to b; vacated, discontinuOd and clos~do "June 6. :465 466 The City Plunnln9 Commiusion therefore Is of the opinion that the proposed construction of the nursery school mill not interfere elth future street Jmproveeents, and reconaends to City Council to sell the property to the Northeast Nursery School Board. Respectfully subeitted, S/ Warner K. Sensbach for B. N. Embank Vice-Chairman' After u discussion of the matter, Mr. Dillard protesting that the land Jn question could be used us a part of the Lucy Addison Nigh School site or the Washington Park site, Mc. Young moved that Council concur in the recommendation of the City Manager and the City Planning Commission and that the matter be referred to the City Attorney for preparation of the proper measure. The motion wes seconde~ by Mr. Wheeler and adopted. Mr. Dillard voting no. REPORTS OF COMMITTEES: HEALTH DEPARTMENT: Council at its meeting on May 20, 1963. having deferr~ action on the recommendation of a committee that all bids on supplying a nee x-ray machine for the Health Department he rejected and that the city readvertise for nee bids with the specifications requiring n f0.67 lens instead of the f0.95 lens required in the original specifications, Mr. Garland, Chairman of the committee, presented copies of communications from the Acting Surgeon General of the Department of the Army, advisin9 that the Army Medical Service utilizes an x-ray apparatus, the cetera unit aY which is provided ~]th ~ f0.67 lens, which is considered superior to the f0.95 for military application in that it tabes a sharper picture, reduces the seopic photofluorogrephic films and 14 X 17 roentgenograms of the chest; end from the Oirector of Public Health Service Audiovisual Facility, Department of Health, Education and Welfare. advising that while there is little difference in the speed of the tug lenses, the fO.6? will give better rendition than the fo.gs in most cuse: that faster lenses are usually of better quality, and. in his opinion, are well north the extra cost involved. In this connection, Dr. W. Alien Barker appeared before Council and presented a communication from Dr. Mack I. Shanholta, State Health Commissioner, stating that a fO.6? lens is faster than a f0.95 lens. is capable of making a picture from a fainter image or an image of shorter duration, and ~ith all other factors being equal, ~ill produce a comparable image using less radiation, Dr. Shanholtz stating it is his policy on the use of radiation to avoid all unnecessary radiation. In reply to a question from Mr. Young. Dr. Bucker stated that if he were purchasing the x-ray equipment for his personal use it ~ould be marsh the difference in cost to him to purchase a machine ~ith a fO.6? lens. 467 (~15268) A RESOLUTIO~ rejecting all bids received and opened before this Council on Hay 13, 1963. Car supplying one neu X-roy nscbioe equipped with fo.95 lens for the Health Depurtuent; and directing resdvertlsenent for bids for supplying one new X-ray mochine equipped with ID.bT lens. (For full text of Resolution. see Resolution Book Ho. 26, page 2S9.) Mr. Dillard moved the adoption of the Nesolutlon. YAm notion nas seconded by Mr. Pollard and adopted by the follouing vote: AYES: Messrs. Dillard, Pollard. Mheeler. Young and Vice Mayor Garland .................................... 5. NAYS: None ......................O. (Mr. Jones and Mayor Stoller absent) CITY AUDITOR: The committee appointed to ~tudy the question of modernizing accounting equipment in the Office of the City Auditor submitted the following report "May 31, 1963 The Council of the City of Roanoke Roanoke, Virginia Gentlemen: Pursuant tO your directive of December 10, 1962, your under- signed committee has made a thorough study of the accounting machine equipment requirements of the City Auditor's Office and ~ish to report as follows: l. The present accounting equipment used by the City is inadequate to present day needs and is from six to fifteen years old. This system was originally installed in 1934 and has been expanded from time to time to neet expanding operation. If this system is to be retained, it Hill be necessary to replace all of the machines ~ithin the next four years at a cost of $39.000.00 at today*s cost, Three of the machines should be replaced next year at a cost of approximately $30,000. Such replacement would not provide expansioe since the entire system, although electri- cally driven, is manually operated, and is loaded to capacity. Re, therefore, recommend that the system be replaced with a modern electronic data processing system. S/ J. Robert Thomas ..468. In this connection. Mr. Phillip M. fey. representing International Business Machines. asked mbetber or not there nrc any plans to go Jato real property nccounti, and peraonnl property accounting in the future. The City Auditor explained that there Js no uny of answering this question nt the present time. Mr. Carroll M. mammon, representing the National Cash Register Company. explained that the system proposed by the National Cash Register Company will hnndle unlimited payroll deductions. The matter having been discussed st length. Hr. Pollard moved that Council concur in the report of the committee and offered the folloning emergency Ordinance: (~152&9) AN ORDI~ANC£ opproring the report of the coemittee heretofore appointed to mahe a study of the accounting machine equipment requirements of the City Auditor's office; authorizing the Purchasing Agent to purchase the equipment os 'Roannke, Virginia June 6. 1963 The Honorable the Council of the City of Roanoke Gentlemen: Rt. Frank T. Tirico. General Manager. Roanoke Independent Broadcasters, Incorporated, appeared at your regular meeting of Monday, May 20th, and made a verbal request for a lease to mount an antenna on the tower on the top of Rill Mountain and use the same for broadcasting purposes. Mr. Tirico suggested that if Council Has unwilling to grant his corporation the above request. that it be permitted to lease approximately five acres on top of said Mountain upon which t~ erect its own facilities. turn, referred the two requests to the undersigned committee for report and recommendation after Mr. Tirico has put his requests in writing. This has been done, On the 28th day of January, lq63, you adopted emergency Ordinance No. 15100, authorizing the execution of a lease agree- ment with Times-Norld Corporation pursuant to which the City would lease from said corporation its radio broadcasting tower on Mill Mountain, together with the lighting equipment installed therein for a period of one year commencing ns of Janaar) 1, 1963, and for four successive one-year terms thereafter, at an annual rem.tel of $100.00, payable in advance provided that either party may terminate said lease at the end of any oalendar year of said term upon thirty dayss notice, The ordinance divan*ed that the lease contain, inter alia. these two pertinent provisions as set forth in paragraphs (e) and (f} thereof, viz,: *(e} That in the event Times=~orl'd Corporation is precluded by the Federal Communications Commission or u court having proper Jurisdiction, from using its television transmitter site on Poor Mountain, then Times-World Corporation, after ten (10) days' mritten notice to the City of Roanoke shall have the right to fully repossess the tower on Mill Mountain free and discharged of the terms of said lease, '(f) That Ti~ea-¥orld Corporation shall have the right, at its own cost and expense, to attach and install certain of its own radio or television broad- casting or communications equipment on the aforesaid tower provided that such use does not seriously interfere with the City's use of said tower or. in the event that interference mJth the City's use mould necessarily result, said Times-World Corporation reserves the right to terminate said lease at the end of any calendar month durin9 any term thereof upon giving to the City not less than uae hundred and twenty (120) days* notice in writing Of its intent to terminate said lease,' Agreeable to said ordinance, such lease was duly executed. Your committee met this morning with Messrs. Tirico. Don Kassner, J. Robert Thomas, Civil Defense Coordinator, J, D. Sink, Superintendent of Traffic Engineering and Com- munications, and Alfred Beckley, Communications Chief, and discussed these requests fully, Among others, this facility carries the Clty*s five municipal radio systems; namely, police, fire, water company, Department of Public Murks and Health Department and Life Saving Crew. It is, therefore, Of real value to the City and, accordingly, in your committee's opinion, nothing should be done that might jeopardize the City*s continued use Of it. Messrs, Sink and Heckley both tell us that the facility, as presently constructed, is being used almost to capacity and could not carry the additional service requested by Roanoke Independent Broadcasters, Incorporated, without material alterations, Section 3 of the lease provides: *The City of Roanoke shall properly maintain said tower and hemp it in good condition and repair, and upon the termination of this agreement, shall deliver possession thereof to Times-World Corporation in good condition and repair, ordinary wear and tear excepted*. That provision would require surrender of the facility upon the termination of the lease, in the absence of a novation, · substantially in its present condition and it would seem impracticable to spend much money in altering the facility, where its use is held pursuant to so short and easily termi- nable lease. Your committee, accordinly, recommends that the request of Roanoke Independent Broadcasters, Inaorporated, to use the tower be denied, The City's usable land atop Mill Mountain comprises less than forty acres. The Children's Zoo and Rockledge Inn are both located there. And a pending major City project, the spur from the Blue Ridge Parkway to the top of Mill Mountain, contemplates a heavy additional use of it. Further, the area was conveyed to the City by the late Mr+ J, H, Fishbnrn for park purposes. Accordingly, in the judgment of your committee, it would be unwise for Council to lease any of this real estate for commercial purposes, even if it had the legal right to do so, Respectfully submitted, S/ Arthur S. Owens Arthur S. Owens S! Ran C. Rhittle Ran C. Whittle~ 469 47O In this connection, the City Clerk advised that Mr, Cy N. flahnkel, President of RoanOke Independent Broadcasters. Incorporated, is unable to be at the present meeting and has requested that action on the matter be deferred until the next regular meeting of Council in order that he might be heard on the subject, Mr. M. P. ~az]egrore. Attorney. and Mr. Mo M, Armlstead. III, President. Times-Morld Corporation. appeared before Council. Mr, Hazlegrove emphasizing that Council has no legal right to lease the tower to others and Ar, Armlntezd stating from practical experience that Mill Mountain is the third worst location Jn the area for a television antenna. After a further discussion of the matter. Mr, Dillard moved that Council concur in the report of the committee. The motion was seconded by Mr. Pollard and unanimously adopted. Mr. Young then moved that the City Manager be instructed to submit a list of all those who have attachments on public property on Mill Mountain with Informa- tion as to how such permission was obtained. The motion was seconded by Mr. Pollard and unanimously adopted. SEWERS AND STORM DRAINS: Council having previously referred to a commit composed of Messrs. Ealter L. Youngt Chairman, Roy L. Webber, Randolph G. ~htttle and Arthur So Owens, for study, report and recommendation, the request of the Town of Salem that the contract between the Town of Salem and the City of Roanoke dated Oztober 16. 1953. dealing with the treatment of domestic and commercial wastes, be amended to include a 3R-acre tract Of land located on the west side of Mill Lane (Virginia Secondary Route 636). between Penley Boulevard (Virginia Secondary Route 773) and Gordon Street, south Of Salem. the committee submitted a written report; Garland .................................... 5, NAYS: None--L- ..................O. (Mr. Jones and Mayor Stoller absent) revised plans and specifications for Project No. 9-44-012-13 at Roanoke Municipal In this connection, State Senator ¥1111am Bo Hopkins Informed Council that the State Corporation Commission has advised him that the state Mill pay $50,O00 at the rate of $25,OOO per year toward the cost of this project. Mr. Rheeler moved that Council express its appreciation to Senator Hopkins for his efforts in this behalf.. The motion nas seconded b~ Mr. Young end unani- mously adopted. Mr. Wheeler then moved that Council concur in the recommendation of the City Manager and the Airport Committee and offered the following emergency Ordinance (~15271) AN ORHIMA~C£ approving the plans and specifications for Project NO. 9-44-O12-13 for improvement at Roanoke Municipal (Woodrum) Airport as prepared under the direction of the City's Department of Public Works and as approved by the Federal Aviation Agency; directing the Cfty Manager to request from the Federal Aviation Agency a seasonable extension of time for the preparation and execution of the requisite grant agreement presently set for the 30th day of June. 1963; authorizing the City Manager to make bona fide offers to purchase the acreage briefi described in Resolution No. 14772 together with approximately 2.22 additional acres; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 262.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Hr, Pollard and adopted by the following vote:. AYES: Messrs. Dillard, Pollard. Rheeler, Young and Vice Mayor Garland .......................... ~AYS: Hone ......................O. (Mr. Jones and Mayor Stoller absent) SALE OF PROPER~Y-WATER DEPARTMENT: The Real Estate Committee composed of Messrs. Arthur S. Owens. J. Robert Thomas and Randolph G. Whittle submitted a written report, advising that Mr. L. C. Chappell, Real Estate Agent for Flora Realtl Company. Incorporated. has submitted an offer of SilO00 cash for a small parcel of city-owned land on the south side of Grandin Road S.W. east of Guilford Avenue Official Tax No. 1551202, the site of o former mater pu~ping station; that the Hanager of the Mater Department is of the opinion the land is of no use to the city and be cannot foresee any need for il in the future, the committee recommending that the property be sold. Council being of the opinion that the owner of the remainder of the lot, Official Tax ~o. 1551201, should be 9ivan the first choice of purchasing the citI- owned land. Mr. Young moved that the City Attorney be directed to prepare the proper measure providing for the sale of the city-owned lot to Br. Chappell for $1.000 net cash. the owner of the adjoining lot to be given the right of refusal. The motion was seconded by Mr. Pollard and unanimously adopted. Mr. Dillard then moved that a member of Council be added to the Real Estate Committee. ~he motion mas seconded by Rt. Wheeler and unanimously adopted. Vice Mayor Garland appointed Hr. Roy R. Pollard, Sr., as an additional member of the Real Estate Committee. 472 UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAINS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANGE.~ AND RESOLUTIONS: ZONING: Ordinance No. 15258, reaoning property located on the southwest corner of Guilford Avenue and Uontvale Road, S. N.o described as Lot 11, Block Grandin Court, Official Tax No. 1551030, from General Residence District to Special Residence District, having previously been before CooncJl 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: (~1S25B) AN ORDINANCE to amend and reenact Title XV. Chapter 4, Section lo of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 26, page 25S.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Nbeeler, Young and Vice Mayor Darland .................................... S, NAYS: None ......................O. (Mr. Jones and Hayor Stoller absent) ZONING: Ordinance No. 15259, rezoning property located on the north side of Patterson Avenue, S. R., between Seventh Street and Eighth Street, described as Lots 36-40, inclusive. Taylor Nap, Official Tax Nos. 1112312-1112316, inclusive, from Business District to Light Industrial District, 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: (=1S259) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section l. of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 26, page 255.) Mr. Pollard'moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by thor,Il,wing vote: AYES: Messrs, Dillard, Pollard, Wheeler, Young and Vice Mayor Garland .................................. NAYS: None ......................O, (Mr. Jones and Mayor Stoller absent) SENER5 AND STORM DRAINS: Council baying directed the City Attorney to prepare the proper measure approving a project for constructing an G-inch sanitary sewer to serve properties on Mright Road, Robyn Road and Creston Avenue, S. M., fro] its intersection with Mright Road to Fishborn Park, he presented same. After a discussion as to who would serve on the committee, Mr. Wheeler moved that the members of Council act as a Committee of the Nh,lo. The motionwas seconded by Mr. Dillard and unanimously adopted. Mr. Dillard then offered the following emergency Ordinance: (=15272) AN ORDINANCE authorizing the construction of sanitary sewer and laterals to serve tbeproperties situate on Mright Road, Robyn Road and Creston Avenue, S. W,, from its intersection with Wright Road to Fishburn Park, one-half of the total cost of which is proposed to be assessed upon the landowners when the cost shall have been ascertained and the other proceedings held as provided by lawi creating a comuittee to ascertain the cost of such Improvements and to assess and apportion such cost equally between the City and abutting landowners who may be served by said sewer and before whom said landowners may appear with reference to such assessment or apportionment; directing that negotiations be had for the acquisition of all requisite easements; providing for notice to abutting landowners of the hearing or hearings before said committee; and providing for an euergency. (For full text of Ordinance, seee Ordinance Book No. 26, page 264.) Mr. Ofllard muted the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Rheeler, Youn9 and Vice Mayor Garland .................................... 5. NAYS: None ......................O. (Mr. Jones and Mayor Stoller absent) ACTS OF ACKNOWLEDGRENT-ZON1NG: Council having directed the City Attorney to prepare the proper measure expressing appreciation to Mr. S. B. Barnhart for his long service as a member of the Board of Zoning Appealst he presented same; where- upon, Mr. Mheeler offered the following Resolution: (~15273) A RESOLUTION expressing unto S. Ho Oarnhart the appreciation of this Council and that of the people of the City of Roanoke for his long and capable service to the City of Roanoke as a member of its Board of Zoning Appeals. (For full text of Resolution, see Resolution Book No. 26, page 265.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Mheeler, Young and Vice Mayor Garland ...................................5. NAYS: None ..................... O. (Mr. Jones and Mayor Stoller absent) BUDGET: Council having directed the City Attorney to prepare the proper measure approving the appointment of ~essrs. Jonas G. Eller. Byron A. Hicks, Hamilton M. Redman and Julian R. Rutherfoord, Jr., as members of the Budget Commission for 1963, he presented same; whereupon, Mr. Young offered the following Resolution: (~15274) A RESOLUTION relating to the appointment of members Of the City's Budget Commission. (For full text of Resolution, see Resolution Book No. 26, page 266.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the followin9 vote: AYES: Ressrs. Pollard. Wheeler° ¥onn9 and Vice Rayor Garland ........... NAYS: Mr. Dillard ......................................................1. (Mr. Jones and Mayor Stoller absent) MOTIONS AND MISCELLANEOUS BUSINESS: FIREARMS: Vice Mayor Garland stated it is appalling to him that any individual with the price can walk into a pawn shop or hardware store and purchase 473 ,z~.74 u pistol and that he feels the method of obtaining a gun mast be made sufficiently complicated to deter those Whose motives are desperate and mbo might act on impulse. Mre Garland voicing the opinion that ir such aa Ordinance prevents one murder or u stick-up It mill have done its mark and proposing that the Chief of Police he given authority to issue 'permits to buy' for pistols and,that such permission shall not be unreasonably denied, rifles not to be regulated la this manner; that no business in the City of Roanoke. nor any individual, may sell a pistol without securing from the prospective purchaser a bona fide permit, said permit to be mailed to the Police Department noting the date of sale and type of weapon; that the Police Department shall figaro.sly enforce said Ordinance by making certain that retailers are com- plying with its terms; and that a license tax of $50,00 per year shall be required for any retailer to sell pistols. Mr. Peyton L. Kerns, President of the Roanoke County Chapter of the Izaak · alton League, voiced opposition to the proposals of Mr. Garland, on the grounds that they would burden law-abiding citizens while the undesirable element would not bother tn register pistols. Also appearin9 in opposition to the proposals were Ressrs. Tom Stockton Fox, M. C, Greet, J, A. Ellett. Attorney. representin9 Southern Pa~n Shop, Incorporated. Wesley E. Greasy. representing the National Rifle Association and other organiza- tions, and R. N. Armlstead. III. Several of those speaking indicating that the proposals offered by Mr. Garland are a step in the right direction, but that stricter enforcement of existing laws would serve the same purpose. Hr. Garland moved that six additional policemen be employed to enforce the existing laws on the subject. ~he motion failed for lack of a second. GARBAGE REMOVAL-PARKS AND PLAYGROUNDS: Mr, Wheeler, Chairman of the Incinera~ tar Committee, displayed plans for the incinerator project as prepared by Eubanh, Caldwell and Associates, Architects, the estimated cost of the project being $280,000, and advised that the specifications for the project should be completed by the next regular meeting of Council. On motion of Mr. Pollard. seconded by Mr. Young and unanimously adopted, the plans were approved, On motion of Rro Young. seconded by Rro Wheeler and unanimously adopted, the meeting was adjourned. APPROVED AT'~ES~: Id COUNCIL, REGULAR MEETING, Monday, June 17, 1963. The Council of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Sullding, Monday. June 17, 1963, at 2 p.m., the regular meeting hour, with Vice Mayor Garland presiding. PRESENT: Councilmen Benton O. Dillard, James E. Jones, Roy R. Pollard. Sr Vincent S. Mheeler, Walter L, Young and Vice Mayor Robert A. Garland ............... ASSENT: Mayor Murray A. Stoller ......................................... OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. RavAgiNG. Mhittle, City Attorney, and Mr. J. Robert Thomas. City Auditor. INVOCATIOn: The meeting was opened with a prayer by Dr. A, S, Bolllngswwt Jr,, Pastor, Second Presbyterian Church. RINUTES: Copy of the minutes Of the regular meeting held on Monday, June 10, 1953, having been furnished each member of Council, on motion of Mr. Pollarc seconded by Mr. Young and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. IIEAR1NG OF CITIZENS UPON PUBLIC MATTERS: ~ROADCASTING-PARK5 AND PLAYGROUNOS: Council at its last regular meeting having denied the request of gr. Frank T. Tirico. General Manager, Roanoke Indepen- dent Broadcasters. Incorporated. for permission to mount an antenna on the tower atop Mill Mountain for broadcast usage, or, if there is any leqal barrier to use of the tower by Roanoke Independent Broadcasters, Incorporated. that consideration be given to furnishing a suitable site on which a new tower can be erected, Mr. Tirico appeared before the body and introduced Mr. Cy N. Bahakel, President of the corporation, for the purpose of offerin9 substantial information bearing on the request. Mr. Bahakel stated that in his opinion as long as the City of Roanoke has a lease with the Times-World Corporation for the tower atop Mill Mountain the city has the right to lease space on the tower to whomsoever it chooses; that his engineers have informed him Mill Mountain is the most desirable location for an antenna in connection with the proposed operation of a new UHF television station in Roanoke; that on October 27, 1952, by Ordinance No. 11599, Council granted Radio Roanoke, Incorporated, permission to erect and operate the tower in question, there~ establishing a precedent; that. subsequently, the Times-World Corporation acquired the tower itself, but not the TO* x SO' plot of land on which said tower is located that if the Times-World Corporation cancels the lease of the city because the city leases space on the tower to Roanoke Independent Broadcasters, Incorporated, he permit the city to use his radio station tower; and that his corporation is willing to bear the cost of necessary alterations to the tower atop Mill Mountain in order to place an antenna thereon and to restore that part of the tower to its original condition if the lease between the City of Roanoke and the Times-World Corporation is terminated. 475 476 Mr. I. P. Bazlegrove, Attorney, representing the Tlmes-Morld Corporation, stated the position of his client is that Mr. J. D. Flshburn conveyed the land atop Mill Mountalo to the city for path purposes only and the city cannot lease the land for any other porpose; that if any of the land has been Illegally lensed to others by the city in the past such action does not establish a precedent for present action; that the Times-World Corporation amos the fee simple title to the land on ehich the tamer is located as mall as the tower itself; and that the intent of the lease between tbs Tines-World Corporation and the City of Roanohe was for use of the tower by the city for its own purposes and no other. After a further discussion of the matter, Council baying previously instructed the City Manager to submit a list Of nil those mbo have attachments on public property On Mill Mountain with information as to how such permission was obtained, Mr. Jones moved that action on the question be deferred until the next regular meeting of Council for consideration by a full membership when the report of the City Manager is received. The motion was seconded by Mr. Blllnrd and adopted Mr. Young voting no. Mr. Dillard then moved that the City Attorney be instructed to assist the City Mannqer in obtaining copies of legal documents having a bearing On the question. The motion Has seconded by Mr. ~heeler and adopted, Mr. Young voting no. pETITIONS A~D COMMUNICATIONS: ZONING: A communication from Mr. Charles O. Fox, II1, Attorney, repre- senting Mr. Jackson E. Summers, Jr., et al** requesting that property located on the north side of Haddock Avenue, N.E., west of Williamson Road, described as Lots 29-32, inclusive, Block D, Milliamson Groves, Official Tax Nos. 3080021 and 3080822 be rezoned from General Residence District to Business District, was before Council. On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted. the request was referred to the City Planning Commission for study, report and recommendation to Council. REFUNDS AM) REBATES-LICENSES: Council having previously denied a request of Mr. Irvin Stone that he be refunded $26.25, representing the license tax paid on February 19, 1963, for the operation of the Fifth Street Shoe Shine parlor at 301 1/ Fifth Street, N. M., in that the business was never opened for operation due to the lack of toilet facilities for the public, a communication from Mr. Stone, asking whether or not it would be possible to transfer this amount as a credit against 1952 delinquent personal property taxes owed by him, mas before the body. On motion of Mr,Dillard, seconded by Mr. Young and unanimously adopted, the request was denied. TRAFFIC: A communication from Mr. Lawrence L. McCarthy, Richmond, Virginia, complaining that because of an inadequately marked parking meter he was fined for overparkiog on a downtown street in Roanoke and suggesting that thc city remedy the situation by adequately andclearly marking its parking meters, was before Council. ,W After a discussion of the matter, Mr. Jones poluting out that some cities hare a 'courtesy nickels' program for the benefit of out ef tomn visitors and the City Manager voicing the opinion that if such a program is inaugurated in Roanoke it should be done under the sponsorship of a civic organization rather than the city, Mr. Mheeler moved that the communication be flied. The motion mas seconded bT Mr. Dillard and unaulmously adopted. REPORTS OF OFFICERS: STREET LIDHTS: The City Manager submitted u written report recommending that a street light be installed in front of 1113 Franklin Road, S. M. Mr. Pollard mored that Council concur tn the recommendation of the City Manager and offered the following Resolution: (=i5275} A RESOLUTIO~ authorizing the installation of one 2500 lumen overhead incandescent street light in front of 1113 Franklin Road, S. M. (AP Pole 270-1524). (For full text of Resolution, see Resolution Book No. 26, page 267.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Jones, Pollard, Wheeler, Young and Vice Mayor Garland ........................................ NAYS: None ..........................O. (Mayor Stoller absent) BUDGET: The City Manager submitted a ~ritten report, advising that due to the initiation of the new Budget Commission and the changes in many descriptions of accounts he recommends the following lnterdepartment transfers in the 1963 budget in order that these accounts will show no overdraft at the end of the year: "Transfers for New Accounts City Clerk Transfer from 2=36 Printing ~ Office Supplies $ 37.00 to 2-27 Dues, Memberships ~ Subscriptions 37.00 Purchasing Agent Transfer from 11-36 Printing ~ Office Supplies 152.10 to 11-26 Rentals 152.10 Hustings Court Transfer from 20-35 Prlntin9 ~ Office Supplies 175.00 to 20-27 Dues, Memberships ~ Subscriptions 175.00 Clerk of Courts Transfer from 29-36 Printing ~ Office Supplies 62.00 to 29-27 Dues, Memberships ~ Subscriptions 62.00 City Jail Transfer from 30-40 Materials - Building ~ Property 750.00 to 30-20 Maintenance of Building ~ Property 750.00 City Physicia~ Transfer from 51-36 Printing ~ Office Supplies 45.00 to 51-27 Dues, Memberships ~ Subscriptions 45.00 Life Saving Crew Transfer from 6g-39 Operating Supplies ~ Materials 237.00 to 69-27 Dues, Memberships ~ Subscriptions 37.00 to 69-29 Maintenance of Machinery C Equipment 200.00 ~477 '478 Transfer from 69-39 Operating Supplies & #aterinls $250.00 to 69-38 Housekeeping Supplies 250.00 Street Repairs Transfer from 81-36 Printing & Office Supplies 75.00 to 01-29 Maintenance of Machinery & Equipment 75.00 Transfer from 81-39 Operating Supplies & Materials 250.00 to 81-36 Housekeeping Supplies 250.00 #unicipal Oulldiug Trsnsfer fram 86-38 Housekeeping Supplies 400.00 to 06-39 Operating Supplies & Materials 400.00 Transfer from 86-40 Materials Building & Property 500.00 to 86-26 Haintenance Building & Property 500.00 Market Transfer from 09-40 Materials - Building & Property 300.00 to 89-26 Haintenance of Building & Property 300.00 Transfer from 89-42 Repair Parts - Equipment 100,00 to 09-29 Haintenance of Machinery & Equipment 100.00 Transfer from 89-30 Housekeeping Supplies 200.00 to, 69-39 Operating Supplies ~ Materials 200.00 Street Cleaning Transfer from 96-39 Operating Supplies & Materials 100.00 to 96-38 Housekeeping Supplies 100.00 City Manager Transfer from 3-3b Printing & Office Supplies 75.00 to 3-27 Dues, Memberships & Subscriptions 75.00 Juvenile & Domestic Relations Court Transfer from 23-36 Printing & Office Supplies 71.00 23-27 Dues. Memberships & Subscriptions 21.00 23-29 Maintenance of Machinery & Equipment 50.00 to to Municipal Court Transfer from to Police Department Transfer from to Fire Department Transfer from to Transfer 24-36 Printing ~ Office Supplies 80.00 24-27 Dues, Memberships & Subscriptions 80.00 60-39 Operating Supplies & Materials 200.00 60-27 Dues, Memberships & Subscription~ 200.00 Department of Transfer Printing & Office Supplies 75.00 Dues, Memberships & Subscriptions 75.00 Operating Supplies & Materials 1,000.00 Maintenance Of Machinery & Equipment l,O00.O0 62-36 62-27 from 62-39 to 62-29 Buildings from 64-36 to 64-27 Printing & Office Supplies 37.00 Dues, Memberships & Subscriptions 37.00 ~aintenanee of City Property Transfer from 07-39 Operating Supplies & Materials 75.00 to 87-38 Housekeeping Supplies 75.00 Airport Transfer from 88-36 Printing ~ Office Supplies 28.00 to 88-27 Dues, Memberships & Subscriptions 28.00 Refunds & Rebates 154-1 Taxes 4,000.00 154-3 Accounts 12.000.00 154-6 Police Uniform Purchases 4,000.00 Refuse Collection & Disposal Transfer iron 97-39 Operating Supplies ~ Materials $225,00 to 97-29 Maintenance of Machinery & Eqnlpmeat 100.OO to 97-36 Printing ~ Office Supplies ?S,O0 to 9T-42 Repelr Parts - Equipment 30.00 Parks and Recreational Areas Transfer from 111-39 Operating Supplies ~ Materials S30,00 to 111-21 Fees for Professional Services 550.00 Electoral Board Transfer from 132-36 Printlag ~ Office Supplies 37.00 to 132-27 Dues, Memberships ~ Subscriptions 37.00 The City Manager also recommended that the above items of $4,000 be appro- priated to Taxes, $12,000 to Accounts and $4,000 to Police Uniform Purchases under Section siS4, "Refunds and Rebates," of the 1963 budget. After an explanation as to the reasons for the transfers and appropriations by the City Auditor, lro Rheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (m13276) AN ORDINANCE to amend and reordain certain sections of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Uook No. 26, page 26?°) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by kr. Pollard and adopted by the folloming vote: AYES: Roasts. Dillard, Jones, Pollard, Mheeler, Young and Vice Mayor Garland ........................................ NAYS: None ..........................O. (Mayor Stoller absent) Mr. Dillard then moved that the above list of transfers be attached to Ordinance No. 15276. The motion was seconded by Mr. Jones and unanimously adopted. COMPLAINTS: Council having referred to the City Manager for investigation and report a complaint of Mr. H. S. Thompson, 205 Elm Avenue, S. W., that property at 209 Elm Avenue, S. N., is being rented out as a dwelling house, but is being used as a garage and parking lot, the yard being full of used automobiles, he submitted a written report, advising that the area in question is located in a Business District which permits parking lots and garages; therefore, the existing use of the premises at 209 Elm Avenue, S. M., is not la violation of the zoning laws. Mr. Wheeler moved that Council concur in the report Of the City Manager. The motion was seconded by Mr. Pollard and unanimously adopted. PARKS AND PLAYGROUNDS-STATE HIGHWAYS: The City Manager submitted a written report, recommending that he be authorized to negotiate with the Virginia Iron, Coal and Coke Company for the purchase of ?9.666 acres of land in Roanoke County, south of the corporate limits of the city. for purposes of the development of the Mill Mountain-Blue Ridge Parkway project, at a price of $74,500, cash. or. in the event said owner is unwilling to sell all of the 79.66b-acre tract of laud, that he be authorized to negotiate for the purchase of 63.054 acres of land at a :'479 ~80 prise of $6S,S00, cush, end, if the city is unable to reach uu ogreemntwlth the land owner for the purchase of either of the tracts of land at the above respective prices, that the proper city officials be authorized to institute condemnation proceedings to acquhe the63.054-ucre tract of land, After a discussion of the matter with Mr. H. Cletus Broyles, Director of Public Works, Mr. Wheeler moved that Council concur ia the recommendation of the City Manager and Offered the following emergency Ordinance: (e15277) AN ORDINANCE authorised and directing the acquisition of certain land situate in Roanoke County, south of the corporate limits of the City, for purposes of the development of the Mill Mountain-Blue Ridge Parkway project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 269.) Mr. Mheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the following vote: AVES: Messrs. Dillard, Jones, Pollard, Mheeler, Young and Vice Mayor Garland ................................ 6. NAYS: None .................O. (Mayor Stoller absent) TRAFFIC-STATE HIGHMAYS: Council having directed the City Manager to studl the practicability of rerouting present truck traffic On Brandon Avenue, S. N., or southwesterly direction to the intersection of O. S. Highwey Route No. 221 and Virginia State Highway Route No. 119, and thence along Route 119 In w westerly direction to H. S. Highway Route ~o. 11, but that no definite action bas ever been taken on establishing this truck route, Mr. Dillard stating that the residents in the area of Orandon Avenue object very strenuously to the heavy truck traffic there, and moving that the City Manager ascertain from the Virginia Department of Highways the status of various highway projects entering the city with a view of giving relief from heavy truck traffic to the residents of the flrandon Avenue area. The motion was seconded by Mr. Mheeler and unanimously adopted. EASEMENTS-STATE HIGHMA¥S: The City Manager having recommended that Council release an easement along the front of property now owned by the Pure Oil Company and formerly owned by Mr. R. B. Layman on Peters Creek Road, N. R., and the matter baying been referred back to him to negotiate for said easement, he submitted a written report, advising that the attorneys of the Pure Oil Company have advised him the Pure Oil Company wishes to withdraw its request for releasing the easement. Mr. Young moved that Council concur in the request of the Pure Oil Company and that the request for releasing the easement be withdrawn. The motion was seconded by Mr. Dillard and unanimously adopted. PARKS AND PLAYGROUNDS: The City Raflager submitted a written report, advis- ing that it will cost between ~6,000 and ~O,O00 to put the Washington Park swimming pool in operation in 1963, and that he does not believe this cost can be justified; therefore, he feels the pool should be closed. In this connection, Dr. L. £. Paxton appeared before Council and stated that he would prefer to see Eureka Park improved rather than Washington Park. Mr. E. S. Brown appeared before Council and deplored the condition of Washington Park, pointing out that Negro children do not have access to private swimming pools as the white children do and voicing the opinion that if the Mashington Park swimming pool is closed another swimming pool should be constructed for Negroes. Co~ncil at a special meeting on May 24, 1963, having appointed a committee composed of Mayor Murray A. Stoller, Chairman, Mr. Benton O. Dillard and Mr. Robert A. Garland to start proceedings to put Mashington Park in the proper condition, Mr. Jones moved that the matter be referred to this committee to work with the City Manager and that Dr. L. E. Paxton and Mr. E. S. Brown be added to the committee. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS: The City Manager submitted a written report, transmitting a report of the Department of Public Welfare for the month of April, 1963, and listing monthly departmental reports on file in his office. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the report was filed. REPORTS Of COMMITTEES: 481 .'482 FIRE DEPARTMENT: Council having appointed a committee composed of Messrs. Denton O. Dillard, Chairman. James E, Jones and Walter L. Young to confer with Mr. Alba K. Simmons, Architect, as to bringing the plans for a proposed fire station in the Garden City area, us well as the estimated cost thereof, up to date, Mr, Dillard made a verbal progress report on the study being conducted by the committee and advised that the committee will have a mritten report in the near future. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Mr. Wheeler, Chairman of the Incinerator Committee, made a verbal report that the plans and specifications for repairJn9 and modernizing the city incinerator have been ~ompleted. and moved that the City Attorney be instructed to prepare the proper measure approving the plans and specifications and providing for the receiving and opening of bids on the project by Council at its regular meeting on July IS. 1963. 'The motion was seconded by Mr. Dillard and unanimously adopted. UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AN~ RESOLUTIONS: BUDGET-TRAFFIC ENGINEERING AND COMMUNICATIONS: Ordinance No. 15266, transferring ~350 from Supplies and Materials - Construction to Operating Supplies and Materials under Section a82, "StreetSigns and Markings," of the 1963 budget, 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: (n15266) AN ORDINANCE to amend and reordain Section n82, "Street Signs and Markings," of the lg63 Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No. 26, page 267.) Mr. Pollard moved the adoption of the Ordinance. The motion was seceded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Jones, Pollard, Young and Vice Mayor Garland---5. NAYS: Mr. Wheeler .....................................................1. (Mayor St.lief absent) MOTIONS AN~ MISCELLANEOUS BUSINESS: CiTY CHARTER: Mr. Dillard stated he feels the Budget Commission should be abolished for the following reasons: (1) The entire Charter committee was not in agreement with this proposal. (2) It is thoroughly incompatible with the Council-Manager form of government. (3) This #as not included in the original Charter as voted by the people; the chopping away of sections of the Charter. which this proposal does, without permission of the people is wrong. (4) NO other Council-Manager city in Virginia has such a commission. (S) One of the arguments advanced in support of this commission is to give the citizens a chance to participate tn how their tax money will be spent. Obviously, this is a fallacious argument. because the same members have been appointed a second time, this completely refuting the argument. Conncil could not rubber stamp the commission's decisions as the constituents would hold '1 Council as personally derelict in not checking the proposed budget before its adoption. '(6)Oou~le work mas required by the departments mhich appeared before the budget commission and Council, (7) Nearly six months time was required to develop the 1963 budget. This in and of itself is unreasonable and quite obviously is not the best interest of efficiency in the operation of municipal government. Hr. Dillard moved that the question of abolishing the Budget Commission be referred to the committee composed of #essrs. James E. Jones. Chairman. Vincent S. ~heeler and Roy R. Pollard. Sr.. for conside'ratiou in connection with its study of proposed changes Jn the City Charter. The motion mas seconded by Hr. Rheeler and adopted. Mr. Young voting no. INTEGRATION: Council having previously taken under advisement a request Of Hr. A. Byron Smith, President, Roanoke Council Parent-Teacher Association. that a Biracial Commission for the City of Roanoke be appointed by the Council of the City of Roanoke. Mr. Jones moved that the matter of the suggested Biracial Commission be referred to The Citizens' Committee for Greater Roanoke with the request that the committee consider the activation of its Human Relations Subcommittee to function mithin itself. The motion was seconded by Mr. Rheeler and unanimously adopted. On motion of Mr. ~lllard, seconded by Hr. ~heeler and unanimously adopted, the meeting was adjourned. APPROVED ~,TTEST: 483 '484 COUNCIL, REGULAR MEETING, Monday, Jane 24. 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, Jane 24, 1963, at 2 pom,, the regular meeting hour, mlth Mayor Stoller presiding. PRF. SENT: Councilmen Benton O. Dillard, Robert A. Garland, Janes £. Jones Roy R. Pollard, SF** Vincent S. Wheeler, Mai,er L. Young and Mayor Murray A. Stoller .................................7, ABSENT: None ..................O, OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Nhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meetJn9 was opened uitha prayer by the Reverend ~illiam J. Allen, Pastor, Colonial Avenue Baptist Chapel. MINUTES: Copy Of the minutes of the regular meeting held on Monday, June 17, 1963, having been furnished each member Of Council, on motion of Mr. Wheeler, seconded by Mr. Garland and unanimously adopted, the reading thereof was dispensed ~ith and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: BROADCASTING-PARKS AND PLAYGROUNDS: Council at 'its last regular meeting having deferred action On the request of Roanoke Independent Broadcasters, Incor- porated, that its request for permission to mount an antenna on the tower atop Mill Mountain for broadcast usage be reconsidered, pending receipt of a report of the City Manager as to all those mbo have attachments on public property on Mill Mountain sith information as to how such permission ~as obtained, Mr. Frank T. Tirico and Mr. Ci N. Bahakel. representing Roanoke Independent Broadcasters, Incorporated. and Mr. W. Po Hazlegrove and Mr. M. W. Armistead. III, representing the Times-World Corporation, appeared before the body. In this connection, the City Manager submitted a 49-page report, incladin a list of the attachments and copies of legal documents having a bearing on the question. Mr. Pollard stated that he did not receive his copy of the report Of the City Manager in sufficient time to digest the contents of same and moved that actS* on the matter be deferred until the regular meeting of Council on July B, 1963. The motion was seconded by Mr. Young and unanimously adopted. PETITIONS AND COMMUNICATIONS: ZONING: A commnnication from Mr. Willis M. Anderson, Attorney, repre- senting Mr. Assaid J. Nackley, requesting that property located on the north side of Maddock Avenue. N, Co, west of Rilliamson Road, described as Lots 25-28, inclusive, Block D, Milliamson Groves, Official Tax Nos. 3060019 and 30UOD20, be fez*ned from General Residence District to Business District, Has before Council. ~mns~sn On motion of Mr. Wheeler, seconded by Mr, Jones and unanimously adopted, the request mas referred, to the City Flanning Commission for study, report and recommendation to Council, ZONING: A communication from Hr, Earl A, Fitzpatrick, Attorney, repre- senting the Hat,man Land Corporation, et al., requesting that three parcels of land located on the south*Fly side of Hershberger Road, N, ~** east of Ferncliff Avenue, Offlciol Tax Nos. 24B0110, 2480111 and 2480141, he fez,ned from General Residence District to Ouslness District° uas before Council, the request was referred to the City PJannlflg Commission for study, report and recommendation to Council, ZONING: A communication from Rt. Harvey S~ Lutins, Attorney, representin, Mathew M. and Edna P. Jefferson, requesting shat property located on the northeast corner of Melrose Avenue and Fifteenth Street. N. W., described as Lots 9 and 10, Block 36, Melrose Land Company, Official Tax Nos. 2221809 and 2221810, be rezoned from Special Residence District to Business District, nas before Council. On motion of Mr. Nh*el*r, seconded by Mr. Pollard and unanimously adopted the request was referred to the City Planning Commission for study, report and recommendation to Couucll. REFUNDS AND REBATES-LICENSES: A communication from Mr. M. Gald~ell ~utler Attorney, representing Oasis Restaurant, Incorporated, advising that his client obtained a retail merchant*s license for the operation of the All Star Lanes Concession at 3439 Melrose Avenue, N. N., in the amount of $274.01, plus a $.75 fee, and a beer license in the amount of $150.00, plus a $.75 fee, for the year, l%3, and has paid one-half Of these amounts; that on or about May IH, 1963, the operation of restaurant facilities by Oasis Restaurant, Incorporated, was discontinued, and the balance of $212.00 for licenses is due the city for the second half of the year 1963 was before Council, Mr. Butler requesting that his client be relieved from the the present maximum rate of $26.29 be increased to $27.32. (u15278) ~N ORDINANCE to amend and reordain Section uSO, *Hospitalization 485 .486 BE IT ORDAINED by the Council of the City of Roanoke that Section uSO, #Hospitalization°# of the 1963 Appropriation Ordinance, be, and the same is hereby, amended and reorduined to read as follows, in part: HOSPITALIZATION #50 Fees for Professional and Special Services (1) (2) ................................,.,... $160,000.00 (1) Includes, $?.000 for Professional Services: This appropriation to cover cost of patients in convalescent homes us well as hospitals at maximum rate of $27.32 per patient day. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messvs. Dillard, Garland, Young and Mayor Stoller ................4. NAYS: Messrs. Jones, Pollard and Nheeler ...............................3. PARES AND pLAYGROUNDS-GARBAGE REMOVAL: Council having previously accepted the offer of the Nest Virginia Pulp and Paper Company to experiment with its #papercan* system of garbage removal for a period Of not less than eight nor more than ten consecutive weeks, the City Manager submitted a written report, advising that the experimental trial period expires June 24. 1963, and recommending an extension of an additional period Of six weeks at no cost to the city. After a discussion of the matter, Mr. Dillard stating that ho has no oDjection to extending the trial periodt but that he is still opposed to use Of the task system in the experiment, Mr. ~heeler moved that Council concur in the recom- mendatlon of the City Manager and offered the following emergency Ordinance: (=15279) AN ORDINANCE extending the provisions of Ordinance No. 151U6 for an additional period of six ~eeks; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 271.) Mr. ~heeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard. Wheeler, Young and Mayor Stoller .............................. NAYS: None ......................O. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted a written reports advising that the following costs are required to effect initial site preparation and operate the sanitary landfill at East Gate for the period from July 1, 1963, to January 1, 1964: *INITIAL SIT£ PREPARATION Gravel - to construct roads within area and to provide all weather maneuvering area 1,300 tons @ $1.70 = $2,210 Field House and shelter includin9 plumbing facilities 1,000 Storm Drain Line 200 Rental of Equipment from McAlister Construc- tion Company - Initial site preparation (See attached bill) 4,997 $8,407.00 OPERATION OF LANDFILL FOR 6 MONTHS Gravel to maintain roads within area 3,000 tons · $1o70 = $ 5,100 Telephone Installation and 6 months charge 70 500 Gal. Rater Tank and Accessories to Install on truck - standby emergency to eliminate fires 100 Power Mill 60 Rental Equipment (6 months operation) D-7 Bulldozer and B yd. scraper or equivalent - 6 months ~ $3,000 - 16,000 2 New Bulldozer Operators $330 per mo. for 6 mos, : 3,960 Miscellaneous and Contingencies 2,000 2 Brush Chippers (One to be used at the landfill and one to be used on the daily run) 2 · $3,360 = 6,720 $36,010,00 $44,41T.00" GRAND TOTAL After a discussion of the matter, Mr. Young moved that a committee com- posed of Messrs. Roy R. Pollard, Sr., Chairman, Benton O, Dillard, Arthur S. Owens and B. Cie,us Broyles be appointed to study the question of obtaining equipment for the sanitary landfill operation, particularly as to the type of equipment required and whether the city should rent the equipment or buy it, and to submit its report to Council, The motion was seconded by Mr, Wheeler and unanimously adopted, Council having already appropriated $3,000 for the initial site prepara- tion, Mr. Young offered the following emergency Ordinance appropriating a total of $5,407: (=15280) AN ORDINANCE to amend and reordain Section ~97, "Refuse Collection and Disposal," of the 1963 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 272,) Mr, Young moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ...... ..................... 7. NAYS: None ................... O, SEWERS AND STORM DRAINS-STATE HIGHWAYS: The City Manager submitted a written report, recommending that he be authorized to enter into an agreement with the Virginia Department Of Highways for certain changes to bemade in the sanitary sewer system in connection with that segment of the Interstate 501 Spur project from Sycamore Avenue, N. E,, to a point in the vicinity of Walker Avenue, N. E,, at a net cost to the city Of $3,304.21. 487 488 Hr, Mheeler meted that Council concur in the recommendation of the City Manager and thot the matter be referred to the City Attorney for preparotion of the proper measure, The motion mas seconded bv Mr, Voung.and unanimously adopted, CITV AUDITOR: The City Auditor submitted a monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencing January It 1963, and ended May 31, 1963, On motion of Mr, Voung, seconded by Mr, Nheeler and unanimously adopted, the report was filed. REPORTS OF COMMITTEES: PARKS A~D PLAYGROUnDS-GARBAGE REMOVAL: The committee composed of Messrs. Vincent S. Mheelero Chairman, Benton Oo Dillard and Roy Re Pollard, 5r., submitted a written report, transmitting plans and specifications for the modernization Of the incinerator and recommending that Council approve said plans and specifics= tlons and direct the City Manager to adrertise for bids on the project to be opened before the body on July !$, 1963. Mr. Mheeler moved that Council concur in the recommendation Of the committee and offered the following Resolution: (=15281) A RESOLUTION approving the plans and specifications prepared by £ubank, Caldwell and Associates for modernization of the City*s municipal incinerator plant; and directin9 the City Manager to lawfully advertise for bids for constructing the aforesaid public improvement. (For full text of Resolution, see Resolution Book No. 26, page 272.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrso Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ................................. NAys: None .............................O. In this connection, the City Manager advised that it will be necessary to appropriate $10.000 to cover expenses incurred in connection with the incinerator project. Mr. Rheeler moved that Council concur in the request of the City Manager and offered the following emergency Ordinance: (~15282) AN ORDINANCE to amend and reordain Section ~170, 'Capital.* of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 273.) Mr. Wheeler moved the adoption of the ordinance. The motion was seconded by Mr. Dillard and adopted by .the following vote: AYES: Messrs. Dillard, Garland. Jones, Pollard, Rheeler, Young and Mayor Stoller .................................. 7o NAYS: None ............................. O. PARKS AND PLAYGROUNDS: The Transportation Cenler and Rollroa~ Ruseum Committe~ submitted a wr itten report,.rec~mm.ending that a fee of $,10 be charged for entrance into the, museum, that the name be ~hanged to Transportation Museum, nnd that permission he granted for the installation, of the "Dog Mouth~ fountain in the museum, Mr, Young moved that Council approve the recommendation of the committee that a. fee of $,!0 be charged for entrance into the museum, The motion was seconded by Hr. Rheeler and unanimously adopted. Mr, Wheeler moved that Council approve the recommendation of the committee that the name of the Transportation Center and Railroad Museum be changed to Transportation Museum. The motion was seconded by Mr. Pollard and unanimously adopted. NFo Jones moved that Council approve the recommendation of the committee that permission be granted for the installation of the "Bog Mouth" fountain in the museum. The motion was seconded by Hr. Young and adopted by the foil.ming vote, Mr. Dillard protesting that the "Dog Mouth# fountain is a landmark and should not be removed from the City Market area: AYES: Messrs, Garland, Jones, Pollard, Nheeler and Young ..........5. NAYS: Hr. Dillard and Mayor Stoller ...............................2. Mr. Jones then moved that the City Attorney be Instructed to prepsre the proper measure carrying out the three recommendations of the committee. The motion was seconded by Mr. Pollard and adopted, Mr. Dillard Yoting no. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: The City Attorney having been directed to prepare the proper measure providing for the employment of an architect to prepare plans and specifications for hangar and shop facilities at Roanoke Runicipal (Roodrum) Airport to be occupied by the Aerial Services Corporation. prior to advertising for bids on said projects he presented same. After a discussion of the matter, some of the members of Council protest- ing that the city should have o more definite commitment from the Aerial Services Corporation for leasing the hangar and shop facilities before going to the expense of employing an architect to prepare plans and specifications for same. Mr. Pollard offered the foil,ming Resolution: (~15203) A RESOLUTION authorizing the employment of an architect to prepare requisite plans and specifications for the hangar and shop facilities at Roanoke Municipal (Woodrum) Airport to be occupied by the Aerial Services Corpora- ti.n, prior to advertising for bids on said project and, also, stating the fee to be paid for the performance of such architectural services. (For full text of Resolution, see Resolution Book No. 26, page 2?3°) 489 490 Mr. Pollard moved the adoption of the Resolution. The motion mas seconded iby Hr. Nheeler and odopted by the following rote: AYES: Ncssrs. Dillard. Pollard. Nh,cleF and Hayor Stoller ............4. NAYS: Nessrs. Garland. Jones and Young ............................... Mr. Nheeler then moved that the following Ordinance appropriating $1.600 toward the estimated fee of the architect be placed upon its first reading: (~15204) AN OROINANG£ to au,nd and rcordain Section ~170. 'Capital.' of the 1963 Appropriation Grdinance. GE IT ORDAINED by the Council of the City of Roanoke that Section ~170. 'Capital.# of the 1963 Appropriation Ordinance. be. and the same is hereby, amended and reordained to read as follows, in part: CAPITAL #170 Airport hangar ************************************ $ 1,800.00 T~e notion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Pollard, ~heeler and Mayor Stoller ............4. NAYS: Messrs. Garland, Jones and Young ...............................3. Mr. Pollard then moved that the City Manager be instructed to delay execution of an agreement with the architect until he obtains a specific commitment ,from the Aerial Services Corporation for the hangar and shop facilities. The motion IiwaSI seconded by Mr. Garland and unanimously adopted. { SALE OF PROPERTY-WATER DEPARTMEN{: Council having directed the City l}Attorfley to prepare the proper measure providing for the sale of a small parcel of iicity-owned land on the south side of Grandin Road, S. W., east of Guilford Avenue, IOfficialto Mr, L. G. Ghappell, Real Estate Agent, for $1,000 Tax No. 1551202, net cash, Mr. Lester C. Hutts, owner of adjoining property at the southeast corner of Grandin Road and Guilford Avenue, $. W.. to be given the right of refusal to purchase said parcel of land, the City Attorney presented draft of an Ordinance granting Mr. Chappell an option to purchase the land for and on behalf of a client. In this connection, the City Manager presented copy of a communication from Mr. Chappell. advising that the Hutts property is optioned to the same purchaser requesting an option on the city property. After a discussion of the matter, Mr. Young moved that the following Ordinance be placed upon its first reading: (~15285) AN ORDINANCE granting L. C. Chappell an option to purchase, for and on behalf of a client, Official Tax No. 1551202. MHEREAS. Mr. L. C. ChappelI of Flora Realty Company, Inc., has requested an option pursuant to which the City agrees to convey to him or to a client of his as directed a small parcel of real estate, being Official Tax No. 1551202, acquired by the GitI for and formerly, used as a pumping station of its Water Department; and WHEREAS, this Council has been advised by the Manager of its Mater NHEREAS o this Council*s Real Estate Committee has recoBmended the adoption ~f this ordinance, In uhlch recommendation this Council concurs, THEREFOREo DE IT ORDAINED by thc Council of the City of Roanohe as follows: 1. That the City hereby contracts and agrees to convey unto Mr. L. C. Cbappell of Flgra R~a!ty Company, Imco0 or unto such client as he may direct, a small parcel of land briefly described as Official Tax No. 1551202 within 120 days from the 2?th day of Mayo 1963, by deed containing special warranty of title, upon form approved by the City Attorney, In consideration of $1,000.00 net cash, 2, That the Mayor Of the City and the City Clerk be, and they are hereby, respectively, authorized and directed to execute the deed contemplated in the preceding paragraph and deliver the same to the City Attorney who. Jn turn. shall deliver said deed to the grantee named therein upon delivery to him of the $1,000.00 cash consideration cantemplated for the transfer. The motion was seconded by Mr. Mheeler and adopted by the f,Il,win9 vote: AYES: ~essrs, Garland, Jones, Pollard, hheeler, Young and ~ayor St,liar ..................................... NAYS: Mr. Dillard ................I. SALE OF PROPERTY-DEPARTMENT OF PUBLIC ~ELFARE~SGBOOLS: Council having directed the City Attorney to prepare the proper measure providing for the sale of property located on the east side of Fifth 5tree,, N. ~., north of tiao,vet Avenue, Official Tax Nos. 2031401-2031404, inclusive, ta the ~ortheast Nursery School Board for $285.71 per lot for the purpose of operating the Northeast Nursery School thereon, he presented same; whereupon, Mr. hheeler moved that the following Ordinance be placed upon its first reading: (~1528b) AN ORDINANCE authorizing the sale of four lots of real estate briefly described as Official Tax Nos. 2031401 to 2031404. both inclusive, unto Galosh,r, Nursery School. Incorporated (formerly Northeast Nursery School Board). under certain conditions. RHEREAS, the City Manager has recommended the adoption of this ordinance, in which recommendation this Council concurs. THEREFORE, BE XT ORDAINED by the Council of the City of Roanoke as follows: 1. That the Mayor of the City and the City Clerk be, and they are hereby, respectively, authorized and directed to execute and attest a deed con- taining special warranty of title, upon form first approved by the City Attorney, pursuant to which the City conveys unto Gainsboro Nursery School. Incorporated. real estate situate in the City of Roanoke briefly described as Official Tax Nos. 2031401 to 2031404, both inclusive, for $1,142.84, to be used by the grantee in carrying out the purposes for which the corporation was formed as set forth in its articles of incorporation of record in the Clerk*s office of the Hustings Court for the City of Roanoke, Virginia, in Charter Book 33, page 328. '491 492 2. That, upon the execution of the deed contemplated'in the preceding paragraph, the sane shall be delivered to the City Attorney uho, in turn, shall deliver it to un agent of the grantee named therein upon delivery to said City Attorney of the cash consideration contemplated for the transfer. The notion was seconded bi #r. Pollard end adopted by the follouing vote: AYES: Messrs. Garland. Jones, Pollard. Nbeelero Young and Mayor 5toiler .................................. 6, NAYS: ~r. Dillard .............1. MOTIONS AND MISCELLANEOUS BUSINF.~S: NONE. Off motion of Mr. Jones, seconded by Rr. Dillard and unanlnousll adopted, the meeting was adjourned. APPROVED ATTEST: COUNCIL, SPECIAL ME£TING, Friday, June 28, 1963. The Council of the City of Roanohe met ia special meeting in the Council Chsuher in the Municipal Ouildiog, Friday. June 20, 1953, at 10 a,m,, with Stoller presiding, for the purpose of considering approving the airport project of $1,070,000, PRESENT: Councilmen 9obert A, Garland, Roy R. Pollard, Sr., Ffncent So Nheeler, Welter L. Voung and Mayor Murray A. Stoller .............................. 5, ABSENT: Councilmen Renton O. Dillard and James E. Jones ................ OFFICERS PRESENT: Mr, Arthur S. Owens. City Manager, Mr. Randolph G. Whittle. City Attorney, and Mr. J. Robert Thomas, City Auditor, INVOCATION: The meeting was opened with a prayer by Councilman Vincent S, Wheeler. AIRPORT: Council at its regular meeting on June 10, 1953. by Ordinance 15271, havin9 approved revised plans and specifications for Project No, 9-44=012-1: at Roanoke Municipal (Woodrum) Airport, thereby increasing the estimated cost of the project from $~00.000 to $1t070,000, Mayor Stoller stated that the special meeting has been called for the purpose of considering approval of the project. In this Connection, the City Manager presented a communication from Mr. Curtis F. Greve, District Airport Engineer, Federal Aviation Agency, advising that the revised project has been approved by the Federal Government and that it will he necessary to adopt a Resolution ratifying and adopting the city*$ Project Applicattoi of June 11, 1953, accepting the Grant Offer issued thereon, and authorizing the City Manager to execute said Croat Agreement as evidence of the city*s acceptance thereof whereupon, Mr. Wheeler offered the following Resolution: (=15287) A RESOLUTION ratifying and adopting the City's Project Applica- tion of June 11, 1953; accepting the Grant Offer issued thereon; authorizing the $635,000 is included in the 1963 budget for Project No. 9-44-012-13 and that at this Runway Extension account from $935,000 to $745,000: 493 4.94 (n15208) AN ORDINAWCE to amend and reorduin Section $1TO, "Capital," of the lg6~.ApproprlSt'i'on'Ordinunce, and providing for an emergency. (For full text of Ordinance, see Ordinance Boob NO. 26, page 2?8.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr, Mheeler and adopted by the following vote: AYES: Messrs. Garland, Pollard, Mheeler, Young and Mayor Stoller .......5. WAYS: Wane ....................................................... ~ ..... O. (Messrs. Dillard and Jones absent) ' WATER DEPARYMENY: The City Manager advised he has an emergency matter concerning furnishing water to the Snmmevdean area mhich be mould like to brlug up at this time. Mr. Young moved that the City Manager be permitted to present the matter. Yhe motion was seconded by Mr. Wheeler and unanimously adopted. The City Manager then submitted a written report, advising that Lucas, Director of the Suomerdean Water Company, has informed him that the company has an emergency on its hands due to the extreme dry weather conditions und does not have sufficient mater at the present time for many families since its source of wate~ is from a spring, that the company is non drlllin9 a well, but it mill take two or three weeks to get the well into production, and that, in the meantime, the company is requestiu9 that the city install a 1~ meter on its line near the reservoir Of the company on LaMarr Street so that said company may connect a pipe line which will spill into its reservoir to take care of the emergency, the City Manager stating that both he and the Manager of the Mater Department concur in the request. Mr. Young moved that Couocil concur in the recommendation of the City Manager and offered the follomin9 Resolution: (g152Bg) A RESOLUTION authorizing the Water Department to sell City water to the Summerdean Water Company on a temporary basis. (For full text of Resolution, see Resolution Book Wa. 26, page Mr. Young moved the adoption of the Resolution. The motion was seconded by Mrr Wheeler and adopted by the following vote: AYES: Messrs. Garland. Pollard. Wheeler, Young and Mayor Stoller .......5. NAYS: None ............................................................. (Messrs. Dillard and Jones absent) Mr. Young then moved that the City Attorney he directed to prepare the proper measure amendin9 the rules and regulations of the Water Department to provide that in thc future, in acute emergencies due to water shortage, the City Manager shall have authority to sellto water distributors and consumers, beyond the corporat* limits, for a period not to exceed sixty days, such surplus city Hater us may be required to alleviate the emergency at the prevailing rate for nonresident customers all costs in connection with required installations to be borne by the applicant. The motion was seconded by Mr. Wheeler and unanimously adopted. Nlrb further reference to the matter, Hr. Garland moved that it be the sense of Council, pendln~ the adoption of an amendment to the rules and regulations o! the Huter Department, that the City Yanuger take care of emergency situations similar to that in the S~mmerdeun area. The motion mas seconded by Hr. Wheeler and unanimously adopted. On motion of Hr. ~heeler, seconded b$ Mr. Garland and unanimously adopted the meeting was adjourned. A P P R 0 V E D ATTLST: 495